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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Gaming Machines Amendment Bill
2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Gaming Machines Act 2001 No 127 2
4 Amendment of Liquor Act 2007 No 90 2
5 Repeal of Act 2
Schedule 1 Amendment of Gaming Machines Act 2001 3
b2007-155-35.d15
New South Wales
Gaming Machines Amendment Bill
2008
No , 2008
A Bill for
An Act to amend the Gaming Machines Act 2001 to make further provision with
respect to the regulation, control and management of gaming machines in hotels and
registered clubs; and for other purposes.
Clause 1 Gaming Machines Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Gaming Machines Amendment Act 2008. 3
2 Commencement 4
(1) This Act commences on a day or days to be appointed by proclamation, 5
except as provided by subsection (2). 6
(2) Schedule 1 [18], and Schedule 1 [116] to the extent that it inserts clause 7
44 into Schedule 1 to the Gaming Machines Act 2001, commence (or 8
are taken to have commenced) on 1 December 2008. 9
3 Amendment of Gaming Machines Act 2001 No 127 10
The Gaming Machines Act 2001 is amended as set out in Schedule 1. 11
4 Amendment of Liquor Act 2007 No 90 12
The Liquor Act 2007 is amended by inserting after section 153 (1) (h) 13
the following paragraph: 14
(i) a decision under section 44A (Location of gaming 15
machines in venues) of the Gaming Machines Act 16
2001. 17
5 Repeal of Act 18
(1) This Act is repealed on the day following the day on which all of the 19
provisions of this Act have commenced. 20
(2) The repeal of this Act does not, because of the operation of section 30 21
of the Interpretation Act 1987, affect any amendment made by this Act. 22
Page 2
Gaming Machines Amendment Bill 2008
Amendment of Gaming Machines Act 2001 Schedule 1
Schedule 1 Amendment of Gaming Machines Act 1
2001 2
(Section 3) 3
[1] Section 3 Objects of Act 4
Omit section 3 (1). Insert instead: 5
(1) The objects of this Act are as follows: 6
(a) to minimise harm associated with the misuse and abuse of 7
gambling activities, 8
(b) to foster responsible conduct in relation to gambling, 9
(c) to facilitate the balanced development, in the public 10
interest, of the gaming industry, 11
(d) to ensure the integrity of the gaming industry, 12
(e) to provide for an on-going reduction in the number of 13
gaming machines in the State by means of the tradeable 14
poker machine entitlement scheme. 15
[2] Section 4 Definitions 16
Omit the definition of AAD threshold from section 4 (1). 17
[3] Section 4 (1), definition of "adviser's licence" 18
Omit the definition. 19
[4] Section 4 (1) 20
Insert in alphabetical order: 21
Community Development Fund means the fund established 22
under section 204A. 23
[5] Section 4 (1), definition of "gaming-related licence" 24
Omit paragraph (d) from the definition. 25
[6] Section 4 (1), definition of "large-scale club" 26
Omit the definition. 27
[7] Section 4 (1), definition of "new hotel" 28
Omit paragraph (a) from the definition. 29
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Gaming Machines Amendment Bill 2008
Schedule 1 Amendment of Gaming Machines Act 2001
[8] Section 4 (1) 1
Insert in alphabetical order: 2
retail shopping centre means a cluster of premises promoted as, 3
or generally regarded as constituting, a shopping centre, 4
shopping mall or shopping arcade, but does not include anything 5
excluded from this definition by the regulations. 6
[9] Section 4 (1), definition of "SIA threshold" 7
Omit the definition. Insert instead in alphabetical order: 8
gaming machine threshold--see section 32. 9
[10] Section 4 (1), definition of "subsidiary equipment" 10
Omit the definition. Insert instead: 11
subsidiary equipment means: 12
(a) centralised cash control equipment, or 13
(b) any equipment, device or system (or any component of a 14
system) that affects: 15
(i) the playing or result of any game playable on a 16
poker machine or approved amusement device, or 17
(ii) the meters of a poker machine or approved 18
amusement device, 19
and includes any other equipment, device or system prescribed 20
by the regulations for the purposes of this definition. 21
[11] Section 4 (1) 22
Insert in alphabetical order: 23
technician means the holder of a technician's licence. 24
[12] Section 8 Gaming machines not used for purposes of gambling 25
Omit section 8 (2) (c). Insert instead: 26
(c) the Authority has been notified in writing, at least 27
7 working days in advance, of the kind of use intended and 28
the Authority has not, within that period, refused to allow 29
the use, and 30
Page 4
Gaming Machines Amendment Bill 2008
Amendment of Gaming Machines Act 2001 Schedule 1
[13] Section 8 (4) 1
Insert after section 8 (3): 2
(4) Nothing in this Act prohibits the keeping or operation of a poker 3
machine or a device in the nature of an approved amusement 4
device if: 5
(a) the poker machine or device is being displayed or 6
promoted at a gaming industry trade show or exhibition, 7
and 8
(b) the poker machine or device is not used for the purposes of 9
gambling or the distributing of prizes, and 10
(c) in the case where the poker machine or device has not been 11
approved in the State--a notice is attached to the poker 12
machine or device indicating that it is not an approved 13
gaming machine. 14
[14] Section 10 15
Omit the section. Insert instead: 16
10 Overall State cap on poker machine entitlements 17
(1) The maximum number of poker machine entitlements is set at 18
99,000 or such lower number as may be prescribed by the 19
regulations (the overall State cap). 20
(2) The Authority is to review the overall State cap at least once 21
every 5 years following the commencement of this section (as 22
substituted by the Gaming Machines Amendment Act 2008). 23
[15] Section 12 Limit on number of gaming machines in clubs 24
Omit the section. 25
[16] Section 14 26
Omit the section. Insert instead: 27
14 General provisions relating to allocation of poker machine 28
entitlements 29
(1) The allocation of poker machine entitlements under this Part is 30
subject to the overall State cap. Accordingly, the Authority 31
cannot allocate a poker machine entitlement if the allocation 32
would result in the overall State cap being breached. 33
(2) The number of poker machine entitlements allocated in respect of 34
a hotel licence or the premises of a registered club cannot exceed 35
the gaming machine threshold for the hotel or the club premises. 36
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Schedule 1 Amendment of Gaming Machines Act 2001
(3) In calculating (for the purposes of subsection (2)) the number of 1
poker machine entitlements allocated in respect of the premises 2
of a registered club, any poker machine entitlement retained by 3
the club in respect of those premises in accordance with section 4
15B (as in force before its repeal by the Gaming Machines 5
Amendment Act 2008) is to be disregarded. 6
(4) Nothing in this Part affects the requirement under Part 5 for 7
authorisation to keep approved gaming machines in a hotel or on 8
the premises of a registered club. 9
[17] Section 15A Large-scale clubs required to reduce their allocated number 10
of poker machine entitlements 11
Omit the section. 12
[18] Section 15B Transitional scheme relating to reduction of certain poker 13
machine entitlements allocated to large-scale clubs 14
Omit the section. 15
[19] Section 16 Further allocation of poker machine entitlements and 16
certificate of entitlements 17
Omit ", along with the corresponding number of approved poker machines 18
authorised under Part 5 to be kept in the hotel or on those premises in 19
accordance with those poker machine entitlements," from section 16 (2). 20
[20] Sections 16 (3) and 20 (5) (b) 21
Omit "SIA" wherever occurring. Insert instead "gaming machine". 22
[21] Section 17 Allocation of free poker machine entitlements in respect of 23
certain clubs 24
Omit the section. 25
[22] Section 18 General restrictions on initial allocation of poker machine 26
entitlements 27
Insert before section 18 (1): 28
(1A) This section applies only in relation to the initial allocation of 29
poker machine entitlements under section 15. 30
[23] Section 18 (3) 31
Omit the subsection and the note to that subsection. 32
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Gaming Machines Amendment Bill 2008
Amendment of Gaming Machines Act 2001 Schedule 1
[24] Section 19 Transfer of poker machine entitlements 1
Omit section 19 (5) and (6). Insert instead: 2
(5) For the purposes of subsection (3) (c), a person is taken to have a 3
financial interest in a hotel licence if the person is entitled to 4
receive any income derived from the business carried on under 5
the authority of the licence or any other financial benefit or 6
financial advantage from the carrying on of the business (whether 7
the entitlement arises at law or in equity or otherwise). 8
(6) However, a person is not, for the purposes of subsection (3) (c), 9
to be considered as having a financial interest in a hotel licence 10
by reason only of being the owner of the hotel. 11
[25] Section 19 (7) 12
Omit the subsection. 13
[26] Section 20 General requirements relating to transfer of poker machine 14
entitlements 15
Omit section 20 (7). Insert instead: 16
(7) If the Authority approves the transfer of poker machine 17
entitlements, the Authority is to decrease, by the number of 18
entitlements transferred, the gaming machine threshold for the 19
hotel or the premises of the registered club from which the 20
entitlements are transferred. 21
(8) To avoid doubt, the amount by which the gaming machine 22
threshold for the hotel or club premises concerned is to be 23
decreased is to include the number of entitlements that are 24
required to be forfeited under this section because of the transfer. 25
[27] Section 21 Other provisions relating to transfer of poker machine 26
entitlements 27
Omit section 21 (2). Insert instead: 28
(2) If, in the case of a registered club that has more than one set of 29
premises, poker machine entitlements allocated in respect of one 30
of those sets of premises (the transferring premises) are 31
transferred to another set of the club's premises: 32
(a) the forfeiture to the Authority of one entitlement per 33
transfer block is not required if the transferring premises 34
and the other set of premises are situated in the same local 35
government area, and 36
(b) if the transferring premises and the other set of premises 37
are situated in different local government areas--the 38
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Schedule 1 Amendment of Gaming Machines Act 2001
forfeiture to the Authority of one entitlement for every 1
2 transfer blocks is required. 2
[28] Section 21 (3) 3
Omit the subsection. 4
[29] Section 21A Special provisions relating to transfer by large-scale clubs 5
of poker machine entitlements 6
Omit the section. 7
[30] Section 22 Exchange of AADs for poker machine entitlements 8
Insert "or a registered club whose premises are not in a metropolitan area" 9
after "whose hotel is a country hotel" in section 22 (1) (b). 10
[31] Section 22 (1A) (b) 11
Omit "AAD threshold for the hotel". 12
Insert instead "gaming machine threshold for the hotel or club premises 13
concerned". 14
[32] Section 22 (2) 15
Omit the subsection. Insert instead: 16
(2) On the third anniversary of the commencement of this subsection 17
(as inserted by the Gaming Machines Amendment Act 2008): 18
(a) any authorisation under Part 5 to keep an approved 19
amusement device is automatically cancelled, and 20
(b) the gaming machine threshold for the hotel or club 21
premises concerned is to be decreased by the relevant 22
number of approved amusement devices. 23
[33] Section 23 Transfer of poker machine entitlements when hotel licence 24
surrendered or cancelled 25
Insert after section 23 (2): 26
(2A) However, any such remaining entitlement may be retained for a 27
further period of up to 12 months if a levy is paid to the Authority 28
to retain the entitlement for that period. The levy is $500 for each 29
of the remaining entitlements intended to be retained. 30
(2B) If the remaining poker machine entitlements have not been 31
transferred by the end of the further 12-month period under 32
subsection (2A), the entitlements are forfeited to the Authority. 33
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Gaming Machines Amendment Bill 2008
Amendment of Gaming Machines Act 2001 Schedule 1
(2C) Any levy paid under subsection (2A) is to be paid into the 1
Community Development Fund. 2
[34] Section 24 Transfer of poker machine entitlements when licence of 3
registered club surrendered or cancelled 4
Insert after section 24 (2): 5
(2A) However, any such remaining entitlement may be retained for a 6
further period of up to 12 months if a levy is paid to the Authority 7
to retain the entitlement for that period. The levy is $500 for each 8
of the remaining entitlements intended to be retained. 9
(2B) The Authority may allow a poker machine entitlement to be 10
retained for the further period without requiring the payment of 11
the levy under subsection (2A) if the Authority is satisfied that 12
the delay in transferring the remaining entitlements is due to 13
circumstances beyond the control of the proposed transferor of 14
the entitlements. 15
(2C) If the remaining poker machine entitlements have not been 16
transferred by the end of the further 12-month period under 17
subsection (2A), the entitlements are forfeited to the Authority. 18
(2D) Any levy paid under subsection (2A) is to be paid into the 19
Community Development Fund. 20
[35] Section 25 Transfer of poker machine entitlements if hotel licence is 21
removed to other premises 22
Omit "within 1 kilometre of" from section 25 (2). 23
Insert instead "in the same local government area as". 24
[36] Section 25 (3) 25
Omit the subsection. 26
[37] Section 25A 27
Omit the section. Insert instead: 28
25A Transfer of poker machine entitlements if club licence is removed 29
to other premises 30
(1) If a club licence under the Liquor Act 2007 is removed under that 31
Act to other premises, any poker machine entitlements allocated 32
in respect of the premises from which the licence is removed may 33
only be transferred to the other premises if they are transferred in 34
accordance with this Division. 35
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Gaming Machines Amendment Bill 2008
Schedule 1 Amendment of Gaming Machines Act 2001
(2) If the other premises to which the club licence is removed are 1
situated in the same local government area as the previous 2
premises, the forfeiture to the Authority of one entitlement per 3
transfer block is not required. 4
[38] Section 26 Application for additional gaming machines on special 5
grounds 6
Omit "(or such longer period as may be prescribed by the regulations)" from 7
section 26 (2) (c). 8
[39] Section 30 Requirement to forfeit hardship gaming machines in certain 9
circumstances 10
Omit section 30 (2) and (2A). Insert instead: 11
(2) Subsection (1) does not apply to or in respect of a hotelier or 12
registered club after the period of 3 years following the date (as 13
determined by the Authority) on which hardship gaming 14
machines were approved to be kept in the hotel or on the club's 15
premises. 16
[40] Section 30 (3) 17
Omit "situated more than 1 kilometre from". 18
Insert instead "not situated in the same local government area as". 19
[41] Section 31 Allocation of poker machine entitlements for hardship 20
gaming machines 21
Insert after section 31 (4): 22
(5) If: 23
(a) the Authority is satisfied that the conditions applying to an 24
approval to keep a hardship gaming machine have been 25
complied with, and 26
(b) the approval is not required to be forfeited in accordance 27
with those conditions or any other provision of this Act, 28
the Authority may notify the hotelier or registered club concerned 29
in writing that the hotelier or club is eligible to make an 30
application under this section for the allocation of a poker 31
machine entitlement in relation to the hardship gaming machine. 32
(6) If any such notice is given in relation to a hardship gaming 33
machine kept by a hotelier or registered club, the approval to 34
keep the hardship gaming machine is automatically forfeited to 35
the Authority: 36
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Gaming Machines Amendment Bill 2008
Amendment of Gaming Machines Act 2001 Schedule 1
(a) at the end of the period of 12 months following the date on 1
which the notice was given to the hotelier or registered 2
club concerned, or 3
(b) on the date on which a poker machine entitlement is 4
allocated in relation to the hardship gaming machine, 5
whichever occurs first. 6
[42] Section 31A Forfeiture of other entitlements in certain circumstances 7
Omit section 31A (4). Insert instead: 8
(4) In this section: 9
gaming machine entitlement means: 10
(a) in the case of a hotel licence: 11
(i) any hardship gaming machine in respect of which a 12
poker machine entitlement has not been allocated, 13
and 14
(ii) any poker machine entitlement allocated under 15
section 22 that is not transferable in accordance with 16
that section, and 17
(iii) any authorisation to keep an approved amusement 18
device, or 19
(b) in the case of the premises of a registered club: 20
(i) any hardship gaming machine in respect of which a 21
poker machine entitlement has not been allocated, 22
and 23
(ii) any free club entitlement allocated under section 17 24
(as in force before its repeal by the Gaming 25
Machines Amendment Act 2008), and 26
(iii) any authorisation to keep an approved amusement 27
device, 28
but does not include a poker machine entitlement or a Liquor Act 29
poker machine permit. 30
[43] Section 31B Transfer of Liquor Act poker machine permits when hotel 31
licence surrendered or cancelled 32
Insert after section 31B (3): 33
(4) However, any such remaining permit may be retained for a 34
further period of up to 12 months if a levy is paid to the Authority 35
to retain the permit for that period. The levy is $500 for each of 36
the remaining permits intended to be retained. 37
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Schedule 1 Amendment of Gaming Machines Act 2001
(5) The Authority may allow a Liquor Act poker machine permit to 1
be retained for the further period without requiring the payment 2
of the levy under subsection (4) if the Authority is satisfied that 3
the delay in transferring the remaining permits is due to 4
circumstances beyond the control of the proposed transferor of 5
the permits. 6
(6) If the remaining Liquor Act poker machine permits have not been 7
transferred by the end of the further 12-month period under 8
subsection (4), the permits are forfeited to the Authority. 9
(7) Any levy paid under subsection (4) is to be paid into the 10
Community Development Fund. 11
[44] Part 4, Division 1 12
Omit the Division. Insert instead: 13
Division 1 Gaming machine threshold scheme 14
32 Gaming machine thresholds for venues 15
(1) The Authority may, for each hotel and each set of premises of a 16
registered club, set the maximum number of approved gaming 17
machines that may be authorised under Part 5 to be kept in the 18
hotel or on those premises. 19
(2) Any such maximum number is the gaming machine threshold 20
for the hotel or club premises concerned. 21
(3) The gaming machine threshold for a hotel is subject to section 11. 22
(4) In the case of a new hotel or the premises of a new club, or any 23
hotel or club premises in respect of which poker machine 24
entitlements have not been allocated as at the commencement of 25
this section (as inserted by the Gaming Machines Amendment Act 26
2008), the gaming machine threshold for the hotel or club 27
premises may be set at zero. 28
(5) The gaming machine threshold for a hotel or the premises of a 29
registered club may be increased or otherwise varied by the 30
Authority in accordance with this Act. 31
33 Classification of local government areas 32
(1) For the purposes of this Division, each local government area of 33
the State is to be classified by the Authority as: 34
(a) a Band 1 LGA, or 35
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Gaming Machines Amendment Bill 2008
Amendment of Gaming Machines Act 2001 Schedule 1
(b) a Band 2 LGA, or 1
(c) a Band 3 LGA. 2
(2) The Authority is to specify the classification of local government 3
areas on a publicly available website. 4
(3) The classification of any local government area under this section 5
may be varied from time to time by the Authority. 6
34 Application to increase gaming machine threshold 7
(1) A hotelier or registered club may apply to the Authority to 8
increase the gaming machine threshold for the hotel or the 9
premises of the club (a threshold increase application). 10
(2) The hotel or club premises to which a threshold increase 11
application relates is referred to in this Division as the relevant 12
venue. 13
(3) A threshold increase application must comply with the 14
requirements of this Division and the regulations. 15
(4) The Authority may approve a threshold increase application only 16
if the Authority is satisfied that the requirements of this Division 17
and the regulations have been complied with in relation to the 18
application. 19
(5) If the application is approved, the Authority may increase the 20
gaming machine threshold for the relevant venue in accordance 21
with the Authority's approval. 22
(6) Nothing in this Division requires the Authority, if it approves a 23
threshold increase application, to increase the relevant venue's 24
gaming machine threshold by the number to which the 25
application relates. 26
(7) Without limiting subsection (1), a threshold increase application 27
may be made by a person in relation to premises that are the 28
subject of an application for a licence under the Liquor Act 2007 29
that has not yet been granted. 30
35 Requirements relating to threshold increase applications 31
(1) Except as provided by this section, a threshold increase 32
application must be accompanied by a local impact assessment 33
(LIA). A LIA, if required, is to be a class 1 LIA or a class 2 LIA 34
as determined by this section. 35
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Schedule 1 Amendment of Gaming Machines Act 2001
(2) When LIA is not required 1
A threshold increase application is not required to be 2
accompanied by a LIA if the application is made together with an 3
application under section 19 for the Authority's approval of the 4
transfer of poker machine entitlements to the relevant venue and 5
either or both of the following apply: 6
(a) the relevant venue is situated in a Band 1 LGA and the 7
threshold increase application, if approved, would not 8
result in the gaming machine threshold for the venue being 9
increased, over any period of 12 months, by a number that 10
is more than the number corresponding to a low-range 11
increase for the venue, 12
(b) both the relevant venue and the hotel or club premises from 13
which the poker machine entitlements are proposed to be 14
transferred are situated in the same local government area. 15
(3) When class 1 LIA is required 16
A threshold increase application must, unless subsection (2) 17
applies in relation to the application, be accompanied by a class 1 18
LIA if the relevant venue: 19
(a) is situated in a Band 1 LGA and the application is for a 20
mid-range increase in the gaming machine threshold for 21
the venue, or 22
(b) is situated in a Band 2 LGA and the application is for a 23
low-range increase in the gaming machine threshold for 24
the venue. 25
(4) When class 2 LIA is required 26
A threshold increase application must, unless subsection (2) 27
applies in relation to the application, be accompanied by a class 2 28
LIA if the relevant venue: 29
(a) is situated in a Band 1 LGA and the application is for a 30
high-range increase in the gaming machine threshold for 31
the venue, or 32
(b) is situated in a Band 2 LGA and the application is for a 33
mid-range or high-range increase in the gaming machine 34
threshold for the venue, or 35
(c) is situated in a Band 3 LGA. 36
(5) For the purposes of this section, a low-range increase, a 37
mid-range increase or a high-range increase in a gaming 38
machine threshold for a venue is to be determined in accordance 39
with the regulations. 40
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Gaming Machines Amendment Bill 2008
Amendment of Gaming Machines Act 2001 Schedule 1
(6) The regulations may make provision for or with respect to the 1
following: 2
(a) the information to be provided by a LIA, 3
(b) the requirements that must be complied with in relation to 4
a LIA, 5
(c) the matters to be assessed or addressed by a LIA, 6
(d) the advertising of LIAs, 7
(e) the making of submissions in relation to LIAs. 8
(7) The regulations may also create exceptions to this section and 9
provide for the conditions to which any such exception is subject. 10
(8) Except to the extent to which the regulations make provision, a 11
LIA is to be provided in the form and manner approved by the 12
Authority. 13
36 Approval of LIA by Authority 14
(1) If a LIA is required to be provided with a threshold increase 15
application, the application cannot be approved unless the 16
Authority approves the LIA. 17
(2) The applicant is liable to meet any costs incurred by the Authority 18
in connection with its determination of the LIA. The Authority 19
may refuse to determine the LIA until any such costs are paid or 20
provision, satisfactory to the Authority, has been made for their 21
payment. 22
(3) The Authority may approve a LIA only if it is satisfied that: 23
(a) the LIA complies with the requirements of this Division 24
and the regulations in relation to the LIA, and 25
(b) the LIA has demonstrated that gambling activities in the 26
relevant venue will be conducted in a responsible manner, 27
and 28
(c) in the case of a class 1 LIA: 29
(i) the proposed increase in the gaming machine 30
threshold for the relevant venue will provide a 31
positive contribution towards the local community 32
where the venue is situated, and 33
(ii) the relevant venue is not, if the venue comprises the 34
premises of a new club or is a new hotel, situated in 35
the immediate vicinity of a school, hospital or place 36
of worship, and 37
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Schedule 1 Amendment of Gaming Machines Act 2001
(iii) the LIA has adequately addressed any community 1
concerns arising out of the consultation process 2
under the regulations, and 3
(d) in the case of a class 2 LIA: 4
(i) the proposed increase in the gaming machine 5
threshold for the relevant venue will have an overall 6
positive impact on the local community where the 7
venue is situated, and 8
(ii) the relevant venue is not, if the venue comprises the 9
premises of a new club or is a new hotel, situated in 10
the immediate vicinity of a school, hospital or place 11
of worship, and 12
(iii) the LIA has adequately addressed any community 13
concerns arising out of the consultation process 14
under the regulations. 15
(4) The regulations may specify other grounds on which the 16
Authority may refuse to approve a LIA. 17
(5) If any submissions are made in relation to a LIA in accordance 18
with the regulations, the Authority must take those submissions 19
into consideration in deciding whether to approve the LIA. 20
(6) The Authority may, in any case it considers appropriate, partly 21
approve a LIA, in which case the Authority may increase the 22
relevant venue's gaming machine threshold by a number that is 23
less than the number to which the threshold increase application 24
relates. 25
(7) Without limiting any other provision of this Division, the 26
approval of a LIA is subject to such conditions as may be 27
specified by the Authority. The LIA has no effect if any such 28
conditions are not complied with. 29
37 Provisions relating to increased gaming machine thresholds when 30
LIA approved 31
(1) Class 1 LIA approvals 32
If a class 1 LIA is approved in connection with a threshold 33
increase application and the relevant venue's gaming machine 34
threshold is increased accordingly, the venue has up to 2 years 35
from the date of the approval in which to acquire poker machine 36
entitlements for the number of gaming machines to which the 37
increase relates (referred to as the venue's class 1 quota). 38
(2) If, at the end of that 2-year period the relevant venue has not 39
acquired poker machine entitlements for its class 1 quota, the 40
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Amendment of Gaming Machines Act 2001 Schedule 1
Authority is to decrease the gaming machine threshold for the 1
venue in accordance with the portion of the class 1 quota that is 2
not used during that period. 3
(3) Class 2 LIA approvals 4
If a class 2 LIA is approved in connection with a threshold 5
increase application and the relevant venue's gaming machine 6
threshold is increased accordingly, the venue has up to 5 years 7
from the date of the approval in which to acquire poker machine 8
entitlements for the number of gaming machines to which the 9
increase relates (referred to as the venue's class 2 quota). 10
(4) If, at the end of that 5-year period the relevant venue has not 11
acquired poker machine entitlements for its class 2 quota, the 12
Authority is to decrease the gaming machine threshold for the 13
venue in accordance with the portion of the class 2 quota that is 14
not used during that period. 15
37A Special provision for clubs establishing in new development areas 16
(1) In this section: 17
new development area means an area of land in a Band 1 LGA 18
that: 19
(a) is identified by an environmental planning instrument as 20
an urban release area (or such other description as the 21
Authority considers to be similar), and 22
(b) does not, in the opinion of the Authority, have the full 23
benefit of the services and facilities of the kind provided by 24
registered clubs. 25
(2) A class 1 LIA may be provided with a threshold increase 26
application in relation to the premises of a registered club that are 27
situated in a new development area if: 28
(a) the number to which the application relates is not more 29
than 150, and 30
(b) the Authority is satisfied that the acquisition of a 31
corresponding number of poker machine entitlements in 32
respect of those premises would not increase the density of 33
gaming machines in the local government area in which 34
the premises are situated to the extent that the 35
classification of the area is affected. 36
(3) The following provisions apply if any such class 1 LIA is 37
approved: 38
(a) only one poker machine entitlement for every 2 transfer 39
blocks is required to be forfeited to the Authority under 40
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Schedule 1 Amendment of Gaming Machines Act 2001
Division 2 of Part 3 in respect of the first 50 poker machine 1
entitlements that are transferred to the premises after the 2
approval of the LIA, 3
(b) the club has up to 5 years from the date of the approval in 4
which to acquire poker machine entitlements for the 5
number of gaming machines to which the threshold 6
increase relates (the club's special class 1 quota), 7
(c) if, at the end of that 5-year period the club has not acquired 8
poker machine entitlements for its special class 1 quota, 9
the Authority is to decrease the gaming machine threshold 10
for the premises in accordance with the portion of the 11
special class 1 quota that is not used during that period. 12
(4) This section has effect despite any other provision of this 13
Division. 14
37B Restriction on gaming machine thresholds for venues in retail 15
shopping centres 16
(1) The gaming machine threshold for a hotel or premises of a 17
registered club cannot be increased if the hotel or premises are 18
part of a retail shopping centre or proposed retail shopping centre. 19
(2) If a hotel licence or club licence is granted under the Liquor Act 20
2007 for premises that are part of a retail shopping centre or 21
proposed retail shopping centre, the gaming machine threshold 22
for the premises is to be set at zero. 23
(3) If an application is granted under the Liquor Act 2007 that results 24
in the removal of a hotel licence, or the extension of a hotel, to 25
premises that are part of a retail shopping centre or proposed 26
retail shopping centre, the gaming machine threshold for the 27
premises is to be set at zero. 28
(4) If an application is granted under the Liquor Act 2007 that results 29
in the removal of a club licence, or the extension of the premises 30
of a registered club, to premises that are part of a retail shopping 31
centre or proposed retail shopping centre, the gaming machine 32
threshold for the premises is to be set at zero. 33
(5) However, subsection (4) does not apply if: 34
(a) the retail shopping centre comprises or will comprise less 35
than such number of shops as may be prescribed by the 36
regulations, and 37
(b) patrons will not be able to gain access to the club's 38
premises directly from the retail shopping centre, and 39
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Gaming Machines Amendment Bill 2008
Amendment of Gaming Machines Act 2001 Schedule 1
(c) in the case where the club licence is being removed to 1
other premises--the other premises are situated in the 2
same suburb or town as the previous premises, and 3
(d) in the case where the club's premises are being extended-- 4
the club's premises remain predominantly where they 5
were before the extension, and 6
(e) the gaming machine threshold for the club's premises is no 7
more than the gaming machine threshold for the club's 8
premises immediately before the club licence was 9
removed or the premises were extended, and 10
(f) such other requirements as may be prescribed by the 11
regulations have been complied with. 12
(6) For the purposes of this section, a hotel or the premises of a 13
registered club are taken to be part of a retail shopping centre if 14
the hotel or club premises are located within the retail shopping 15
centre or physically adjoin any part of the retail shopping centre. 16
(7) This section has effect despite any other provision of this 17
Division. 18
[45] Section 43 Prohibition on publishing gaming machine advertising 19
Insert after section 43 (5): 20
(5A) If any gaming machine advertising that consists of internal 21
promotional material appears outside the hotel or the premises of 22
the registered club to which the material relates, it is a defence to 23
a prosecution for an offence under subsection (1) if it is proved 24
that the material was removed from the hotel or club premises by 25
a patron of the hotel or club for his or her personal use or 26
information. 27
(5B) For the purposes of subsection (5A), internal promotional 28
material means any written material (such as a brochure or flyer) 29
that: 30
(a) promotes (or otherwise relates to) the playing of approved 31
gaming machines in a hotel or on the premises of a 32
registered club, and 33
(b) is displayed or distributed by or on behalf of the hotelier or 34
club in the hotel, or on the club premises, only. 35
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Gaming Machines Amendment Bill 2008
Schedule 1 Amendment of Gaming Machines Act 2001
[46] Section 44A 1
Insert after section 44: 2
44A Location of gaming machines in venues 3
(1) If the Director is of the opinion that any approved gaming 4
machine in a hotel or on the premises of a registered club is 5
located in a manner that: 6
(a) is designed to attract the attention of members of the public 7
who are outside the hotel or club premises, and 8
(b) is contrary to the public interest, 9
the Director may, by notice in writing given to the hotelier or club 10
concerned, require the hotelier or club to move or screen the 11
gaming machine in accordance with the notice. 12
Note. Any such decision by the Director is reviewable by the Authority 13
under section 153 of the Liquor Act 2007. 14
(2) A hotelier or registered club must comply with a notice given to 15
the hotelier or club under this section. 16
Maximum penalty: 50 penalty units. 17
[47] Section 46 Provision of problem gambling counselling services 18
Omit "A hotelier or registered club" from section 46 (1). 19
Insert instead "If a hotelier or registered club is authorised to keep approved 20
gaming machines, the hotelier or club". 21
[48] Section 46 (3) 22
Insert after section 46 (2): 23
(3) A hotelier or registered club must provide an inspector with 24
written evidence of the arrangements entered into by the hotelier 25
or club under this section if requested to do so by an inspector. 26
Maximum penalty: 100 penalty units. 27
[49] Section 47A Prohibition on accepting transfer of prize winning cheques 28
Insert "and section 47B" after "In this section" in section 47A (3). 29
[50] Sections 47B and 47C 30
Insert after section 47A: 31
47B Requirements relating to prize winning cheques 32
A person must not issue a prize winning cheque unless: 33
(a) it is clearly identified as a prize winning cheque, and 34
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Gaming Machines Amendment Bill 2008
Amendment of Gaming Machines Act 2001 Schedule 1
(b) the statement prescribed by the regulations for the 1
purposes of this section appears on the cheque. 2
Maximum penalty: 50 penalty units. 3
47C Prohibition on certain cash dispensing facilities 4
(1) A hotelier or registered club must not permit a cash dispensing 5
facility to be installed or located in any part of the hotel or club 6
premises if the facility is capable of providing cash from a credit 7
card account. 8
Maximum penalty: 100 penalty units. 9
(2) In this section, cash dispensing facility means a facility (such as 10
an ATM or EFTPOS terminal) for the withdrawal of cash from a 11
bank or authorised deposit-taking institution. 12
[51] Section 49 Self-exclusion of patrons from hotels and clubs 13
Omit paragraph (b) of the definition of self-exclusion scheme from section 14
49 (1). 15
Insert instead: 16
(b) that is established and conducted in accordance with the 17
regulations. 18
[52] Section 49 (3) 19
Omit the subsection. Insert instead: 20
(3) If a hotelier or registered club is authorised to keep approved 21
gaming machines, the hotelier or club must: 22
(a) ensure that patrons of the hotel or club have access to a 23
self-exclusion scheme, and 24
(b) publicise the availability of self-exclusion schemes and 25
information about how they operate to the patrons of the 26
hotel or club. 27
Maximum penalty: 100 penalty units. 28
[53] Sections 50 (2), 51 (3), 52 (4) (a), 77 (4) and (6) (definition of "authorised 29
person"), 80 (2) (a), 140 (2) (b) and 156 (2) (b) 30
Omit "the holder of a technician's licence" wherever occurring. 31
Insert instead "a technician". 32
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Gaming Machines Amendment Bill 2008
Schedule 1 Amendment of Gaming Machines Act 2001
[54] Section 58 Cancellation of authorisations 1
Insert at the end of section 58 (1B) (b): 2
, or 3
(c) fails to comply with any condition imposed by the 4
Authority in relation to the approval of a local impact 5
assessment under Division 1 of Part 4. 6
[55] Section 59 Authorisation to keep gaming machines in hotel subject to 7
primary purpose test 8
Omit "Director" from section 59 (4) and (6) wherever occurring. 9
Insert instead "Authority". 10
[56] Section 59A Restrictions on authorisation to keep approved amusement 11
devices 12
Insert "(as defined under section 4 immediately before the repeal of that 13
definition by the Gaming Machines Amendment Act 2008)" after "AAD 14
threshold". 15
[57] Section 60 Gaming machines not permitted in retail shopping centres 16
Omit the section. 17
[58] Section 60A SIA threshold for hotel or club to be decreased if poker 18
machine entitlements are transferred from retail shopping centre 19
Omit the section. 20
[59] Section 61 Clubs may keep multi-terminal gaming machines 21
Insert "(or MTGM)" before "means" in the definition of multi-terminal 22
gaming machine in section 61 (1). 23
[60] Section 61 (3) 24
Omit the subsection. 25
[61] Section 61A 26
Omit the section. Insert instead: 27
61A Limit on number of MTGMs in clubs 28
(1) An application for authorisation to keep a MTGM on the 29
premises of a registered club cannot be granted if: 30
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Gaming Machines Amendment Bill 2008
Amendment of Gaming Machines Act 2001 Schedule 1
(a) the total number of terminals forming part of MTGMs kept 1
on the premises is more than 15% of the total number of 2
poker machine entitlements allocated for those premises, 3
or 4
(b) the authorisation would result in the total number of 5
terminals forming part of MTGMs kept on the premises 6
being more than 15% of the total number of poker machine 7
entitlements allocated for those premises. 8
(2) Subsection (1) applies only if the application relates to an 9
increase in the number of MTGMs authorised to be kept on the 10
club premises. 11
(3) If, at the commencement of this section (as substituted by the 12
Gaming Machines Amendment Act 2008) the total number of 13
terminals forming part of MTGMs kept on the premises of a 14
registered club is more than 15% of the total number of poker 15
machine entitlements allocated for those premises, the club must, 16
within 5 years of that commencement, reduce the total number of 17
those terminals to no more than 15% of the total number of 18
entitlements so allocated. 19
(4) If, by the end of that 5-year period, the club has not reduced the 20
total number of terminals in accordance with subsection (3), the 21
authorisation to keep any MTGM that is over the 15% threshold 22
is automatically cancelled. 23
[62] Section 62 Authority may approve technical standards 24
Omit "Director" from section 62 (1). Insert instead "Authority". 25
[63] Section 69 Possession etc of poker machines that are not approved 26
Omit "be in possession of" from section 69 (1). 27
Insert instead "possess, supply, sell or install". 28
[64] Section 69 (2) (b1) 29
Insert after section 69 (2) (b): 30
(b1) in accordance with the approval of the Authority under 31
section 66 (1), or 32
[65] Section 69A Sale etc of unapproved gaming machine components 33
Insert "sell or" before "supply" in section 69A (2). 34
[66] Sections 69A (3), 86 (2), 106 (3) and 126 (1) 35
Omit "technician's licence" wherever occurring. Insert instead "a technician". 36
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Gaming Machines Amendment Bill 2008
Schedule 1 Amendment of Gaming Machines Act 2001
[67] Section 70 Possession of approved gaming machine by unauthorised 1
person 2
Omit "a reasonable time" from section 70 (3) wherever occurring. 3
Insert instead "21 days". 4
[68] Section 76 Defective gaming machines 5
Omit "programmed" from section 76 (1). 6
Insert instead "approved by the Authority". 7
[69] Sections 76A and 76B 8
Insert after section 76: 9
76A Causing defects in gaming machines 10
(1) A technician must not, in carrying out any work on an approved 11
gaming machine, do anything that causes, or is likely to cause, 12
the gaming machine to function in a manner other than the 13
manner in which it was designed and approved by the Authority 14
to function. 15
Maximum penalty: 100 penalty units. 16
(2) It is a defence to a prosecution for an offence under subsection (1) 17
if it is proved: 18
(a) that the operation of the approved gaming machine was for 19
testing or maintenance purposes, or 20
(b) that the technician: 21
(i) took all reasonable precautions to ensure that the 22
approved gaming machine was functioning 23
properly, and 24
(ii) at the time of the alleged offence did not know, and 25
could not reasonably be expected to have known, 26
that the machine was not functioning properly. 27
76B Hoteliers and registered clubs to record work done by technicians 28
(1) A hotelier or registered club must keep a written record 29
containing the details of any work of the kind prescribed by the 30
regulations that is carried out by a technician on any approved 31
gaming machine kept in the hotel or on the premises of the club. 32
Maximum penalty: 50 penalty units. 33
(2) The regulations may prescribe the details that are required to be 34
recorded under subsection (1). 35
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Gaming Machines Amendment Bill 2008
Amendment of Gaming Machines Act 2001 Schedule 1
[70] Section 77 Protection of sensitive areas of gaming machines 1
Insert after section 77 (4) (d): 2
(e) temporarily removing the compliance plate in order to 3
update or correct the particulars shown on the plate. 4
[71] Section 78 Modification of gaming machines 5
Omit section 78 (1) (a). Insert instead: 6
(a) the person is a technician, and 7
[72] Section 78 (2) 8
Omit "The holder of a technician's licence". Insert instead "A technician". 9
[73] Section 78 (2) 10
Omit "there is returned within a reasonable time". 11
Insert instead ", within 14 days of the modification, there is returned". 12
[74] Section 79 Consignment or movement of gaming machines 13
Omit section 79 (1). Insert instead: 14
(1) The holder of a dealer's licence or seller's licence who consigns 15
or moves an approved gaming machine: 16
(a) to or from any place at which the licensee carries on the 17
business authorised by the licence, or 18
(b) from outside the State to a place within the State, or 19
(c) to any place outside the State, 20
must give the Authority (and, if the gaming machine is being 21
consigned or moved to any place outside the State, the 22
manufacturer of the gaming machine) a written notification 23
stating the particulars required by this section no later than 7 clear 24
days before the consignment or movement or within such other 25
time as may be approved by the Authority. 26
Maximum penalty: 50 penalty units. 27
[75] Section 79 (3) 28
Omit "Director". Insert instead "Authority". 29
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Gaming Machines Amendment Bill 2008
Schedule 1 Amendment of Gaming Machines Act 2001
[76] Section 80A 1
Insert after section 80: 2
80A False claims for prizes 3
A person who claims a prize from the playing of an approved 4
gaming machine in a hotel or on the premises of a registered club 5
knowing that the claim is false or misleading in a material respect 6
is guilty of an offence. 7
Maximum penalty: 100 penalty units. 8
[77] Section 81 Illegal advantage gained during design etc of gaming 9
machines 10
Omit section 81 (1) and (2). Insert instead: 11
(1) A person who, during the design, manufacture, assembly, 12
maintenance or repair of an approved gaming machine, does 13
anything to fraudulently gain an advantage (whether or not for 14
another person) in the operation of the gaming machine is guilty 15
of an offence. 16
[78] Section 81 (3) 17
Omit "or (2)". 18
[79] Section 82 Definitions 19
Omit the definition of gaming machine adviser. 20
[80] Section 83 Types of gaming-related licences and authority they confer 21
Omit section 83 (1) (a). Insert instead: 22
(a) gaming machine dealer's licence--authorises the licensee: 23
(i) to manufacture and assemble poker machines and 24
devices in the nature of approved amusement 25
devices in or on the premises specified in the 26
licence, and 27
(ii) to sell, or negotiate the sale of, approved gaming 28
machines (whether or not manufactured or 29
assembled by the licensee), and 30
(iii) to service, repair and maintain approved gaming 31
machines in or on the premises specified in the 32
licence, 33
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Gaming Machines Amendment Bill 2008
Amendment of Gaming Machines Act 2001 Schedule 1
[81] Section 83 (1) (b) (i) 1
Omit ", seller's licence or adviser's licence". 2
Insert instead "or seller's licence". 3
[82] Section 83 (1) (d) 4
Omit the paragraph. 5
[83] Section 83 (4) 6
Omit "place or places referred to in subsection (1) (a) (i)". 7
Insert instead "premises referred to in subsection (1) (a)". 8
[84] Section 85 Sale of gaming machines 9
Omit ", seller's licence or adviser's licence" from section 85 (1) (a) and (4) 10
wherever occurring. 11
Insert instead "or seller's licence". 12
[85] Section 85 (2) 13
Omit "or adviser's licence". 14
[86] Section 85 (3) 15
Omit the subsection. 16
[87] Section 86 Servicing and repair of gaming machines 17
Omit "technician's licence" from section 86 (1) (a). 18
Insert instead "is a technician". 19
[88] Section 86 (1) (b) 20
Omit "such a licence". Insert instead "a dealer's licence or a technician". 21
[89] Section 87 Advice relating to gaming machines 22
Omit the section. 23
[90] Section 89 Interim work permits 24
Omit section 89 (1) (c). 25
[91] Section 89 (2) 26
Omit "issuing the permit". 27
Insert instead "the permit is issued or at any later time". 28
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Gaming Machines Amendment Bill 2008
Schedule 1 Amendment of Gaming Machines Act 2001
[92] Section 91 Disclosure of interested parties 1
Omit section 91 (1) (c). Insert instead: 2
(c) if there are any such persons, their names and dates of birth 3
and: 4
(i) in the case of a proprietary company--the names of 5
the directors and those shareholders who have a 6
substantial holding (within the meaning of the 7
Corporations Act 2001 of the Commonwealth) in 8
the company, and 9
(ii) in the case of a public company--the names of the 10
directors. 11
[93] Section 96 12
Insert after section 95A: 13
96 Costs of investigation by Director or Commissioner of Police to be 14
paid by applicant 15
(1) The reasonable costs incurred by the Director or the 16
Commissioner of Police in investigating and inquiring into an 17
application for a gaming-related licence are payable to the 18
Authority by the applicant, unless the Authority determines 19
otherwise in a particular case. 20
(2) The Authority may require part or full payment in advance of the 21
amount it estimates will be payable by the applicant and may 22
refuse to deal with the application until the required payment is 23
made. 24
(3) Investigation and inquiry costs incurred by the Director or the 25
Commissioner of Police may include travelling expenses within 26
or outside the State. 27
(4) It is a condition of any licence granted to the applicant that any 28
amount payable under this section by the applicant is paid. 29
[94] Section 102 Granting of testing facility licence 30
Insert at the end of the section: 31
(2) The holder of a testing facility licence may apply to the Authority 32
to change the premises specified in the licence. 33
(3) The Authority may approve the application only if the Authority 34
is satisfied that the premises concerned are suitable for the testing 35
of poker machines. 36
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Gaming Machines Amendment Bill 2008
Amendment of Gaming Machines Act 2001 Schedule 1
[95] Section 105 Special condition relating to dealer's licence 1
Omit the section. 2
[96] Section 106 Authority may require dealers to alter certain gaming 3
machines 4
Insert after section 106 (4): 5
(5) A reference in this section to the holder of a dealer's licence 6
includes a reference to a person acting under the authority of the 7
licence. 8
[97] Section 112 Refund of licence fee on surrender of gaming-related licence 9
or work permit 10
Omit the section. 11
[98] Section 122 Provision of financial assistance by gaming-related licensee 12
Omit "20 penalty units" wherever occurring. Insert instead "50 penalty units". 13
[99] Section 123 Cessation of employment of seller or technician 14
Omit section 123 (a). Insert instead: 15
(a) a technician or the holder of a seller's licence, and 16
[100] Section 124 17
Omit the section. Insert instead: 18
124 Notification of change of employer 19
If a person who is a technician or the holder of a seller's licence 20
commences or ceases employment with the holder of a dealer's 21
licence, the person must, before the commencement of or within 22
7 days after the cessation of the employment, as the case may be, 23
notify the Authority, in the form and manner approved by the 24
Authority, of the commencement or cessation of the 25
employment. 26
Maximum penalty: 20 penalty units. 27
[101] Section 132 Meaning of "connected" to authorised CMS 28
Omit section 132 (1). Insert instead: 29
(1) For the purposes of this Part, an approved gaming machine is 30
connected to an authorised CMS if information in respect of the 31
gaming machine is provided to the authorised CMS in 32
accordance with arrangements approved by the Minister. 33
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Gaming Machines Amendment Bill 2008
Schedule 1 Amendment of Gaming Machines Act 2001
[102] Section 133A Technicians required to connect gaming machines to 1
authorised CMS 2
Omit section 133A (5). 3
[103] Section 156A 4
Insert after section 156: 5
156A Stand alone play on gaming machines that are part of linked 6
gaming system 7
(1) A participating hotelier or participating club must not permit an 8
approved gaming machine that is part of an authorised linked 9
gaming system to be used for the purposes of gambling during 10
any period that the linked gaming system is not in operation in the 11
hotel or club premises concerned. 12
Maximum penalty: 100 penalty units. 13
(2) Subsection (1) does not apply: 14
(a) in such circumstances as may be approved by the Minister, 15
and 16
(b) if the gaming machine is operated in accordance with that 17
approval. 18
(3) If an approved gaming machine that is part of an authorised 19
linked gaming system ceases to operate as part of the system for 20
any period (whether or not the system itself is in operation), the 21
participating hotelier or participating club concerned must not 22
permit the approved gaming machine to be used for the purposes 23
of gambling during that period. 24
Maximum penalty: 100 penalty units. 25
[104] Section 158A 26
Insert after section 158: 27
158A Technicians required to reconnect to authorised linked gaming 28
system 29
If a technician carries out any work on an authorised linked 30
gaming system in a hotel or on the premises of a registered club, 31
the technician must, after completing that work, ensure: 32
(a) that all components of the system are properly connected 33
to the linked gaming system, and 34
(b) that the linked gaming system and its components are 35
operating properly. 36
Maximum penalty: 100 penalty units. 37
Page 30
Gaming Machines Amendment Bill 2008
Amendment of Gaming Machines Act 2001 Schedule 1
[105] Section 194 Evidentiary provisions 1
Insert after section 194 (1) (c): 2
(c1) that a specified hotelier or registered club has or has not 3
entered into arrangements under section 46 for problem 4
gambling counselling services to be made available for 5
patrons of the hotel or club concerned, 6
(c2) that a specified hotelier or registered club has or has not 7
entered into an arrangement under section 49 for the 8
establishment and conduct of self-exclusion schemes in 9
the hotel or on the premises of the club, 10
[106] Section 194 (1) (e1) 11
Insert after section 194 (1) (e): 12
(e1) that a specified person is or is not a CMS licensee, 13
[107] Section 194 (1) (k) 14
Insert after section 194 (1) (j): 15
(k) that a specified form is or is not a form approved by the 16
Authority. 17
[108] Section 204A 18
Insert after section 204: 19
204A Community Development Fund 20
(1) There is established a fund, to be called the Community 21
Development Fund, that is to be administered by the Department 22
of the Arts, Sport and Recreation. 23
(2) The Community Development Fund is to consist of any money 24
required to be paid into the Fund by or under this or any other 25
Act. 26
(3) Money held in the Community Development Fund may be 27
applied: 28
(a) for such community benefits as the Director-General 29
considers appropriate, or 30
(b) for such other purposes as may be authorised or permitted 31
by or under this or any other Act. 32
(4) The Community Development Fund established under this 33
section is a continuation of the fund established under section 34
15B (as in force immediately before the repeal of that section by 35
the Gaming Machines Amendment Act 2008). 36
Page 31
Gaming Machines Amendment Bill 2008
Schedule 1 Amendment of Gaming Machines Act 2001
[109] Section 205 Additional functions of Authority 1
Omit section 205 (1). Insert instead: 2
(1) The Minister may, after consultation with the Authority, give 3
directions and furnish guidelines to the Authority as to how the 4
Authority is to exercise its functions in relation to the following: 5
(a) hardship gaming machines, 6
(b) classifying local government areas for the purposes of 7
Division 1 of Part 4, 8
(c) approving local impact assessments under Division 1 of 9
Part 4, 10
(d) determining whether an area of land is a new development 11
area for the purposes of section 37A, 12
(e) declaring poker machines or devices as approved gaming 13
machines under Division 2 of Part 5. 14
[110] Section 206 Secrecy 15
Insert after section 206 (5) (c): 16
(c1) the NSW Police Force or the police force of another State 17
or a Territory, 18
(c2) the Australian Federal Police, 19
[111] Section 210 Regulations 20
Insert after section 210 (2) (g): 21
(g1) the operation of temporary self-exclusion schemes for the 22
patrons of hotels and clubs, 23
[112] Section 210 (2) (x) 24
Insert after section 210 (2) (w): 25
(x) any matter relating to the operation of an authorised linked 26
gaming system, 27
[113] Section 210 (2) (y) 28
Omit "(as referred to in section 15B)". 29
[114] Section 210 (2) (z) 30
Insert after section 210 (2) (y): 31
(z) the allocation, transfer and forfeiture of poker machine 32
entitlements. 33
Page 32
Gaming Machines Amendment Bill 2008
Amendment of Gaming Machines Act 2001 Schedule 1
[115] Schedule 1 Savings, transitional and other provisions 1
Insert at the end of clause 1 (1): 2
Gaming Machines Amendment Act 2008 3
[116] Schedule 1, Part 11 4
Insert after Part 10: 5
Part 11 Provisions consequent on enactment of 6
Gaming Machines Amendment Act 2008 7
43 Definition 8
In this Part: 9
amending Act means the Gaming Machines Amendment Act 10
2008. 11
44 Special provisions relating to entitlements retained by clubs under 12
former section 15B 13
(1) In this clause: 14
retained entitlement means a poker machine entitlement retained 15
by a registered club in accordance with section 15B (as in force 16
before its repeal by the amending Act). 17
(2) If a registered club: 18
(a) forfeited poker machine entitlements in accordance with 19
section 15B (4) (d) (as in force before its repeal by the 20
amending Act), and 21
(b) subsequently transfers, in accordance with Division 2 of 22
Part 3 of this Act, any of its retained entitlements, 23
each of those forfeited entitlements is, for the purposes of the 24
subsequent transfer of the retained entitlements, taken to be one 25
of the entitlements that the club is required to forfeit to the 26
Authority because of section 20 (3) (b). 27
(3) Accordingly, the registered club is exempt from the operation of 28
section 20 (3) (b) to the extent that the club is not required to 29
forfeit poker machine entitlements from a transfer block under 30
that section if those entitlements are, because of subclause (2), 31
already taken to have been forfeited under this clause. 32
(4) A registered club may, in accordance with Division 1 of Part 4 of 33
this Act (as inserted by the amending Act), apply to the Authority 34
to increase the gaming machine threshold for the premises of the 35
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Gaming Machines Amendment Bill 2008
Schedule 1 Amendment of Gaming Machines Act 2001
club by a number that corresponds to all or any of the number of 1
retained entitlements held by the club. 2
(5) If the Authority approves the threshold increase application, the 3
Authority is to convert the relevant number of retained 4
entitlements into poker machine entitlements that are allocated in 5
respect of the club's premises and that are transferrable by the 6
club under Division 2 of Part 3 of this Act. 7
(6) In converting any such retained entitlements into tradeable poker 8
machine entitlements, one out of every 6 of the converted 9
entitlements must be forfeited to the Authority. 10
45 Existing SIA thresholds and pending SIA applications 11
(1) The SIA threshold for a venue immediately before the relevant 12
date is, as at that date, taken to be the gaming machine threshold 13
for the venue. 14
(2) Except as provided by subclause (3), the amendments made by 15
the amending Act do not affect the operation of any SIA that was 16
approved before the relevant date and had effect immediately 17
before that date. 18
(3) If, before the relevant date, the SIA threshold for a venue was not 19
decreased as a result of the transfer of poker machine 20
entitlements from the venue in accordance with Division 2 of 21
Part 3, the Authority is, on the second anniversary of the relevant 22
date, to decrease the gaming machine threshold for the venue by 23
a number that is equal to so much of the unused portion of the 24
venue's SIA threshold as was not decreased as the result of the 25
transfer. 26
(4) Any SIA that was provided to the Board or the Authority in 27
accordance with this Act before the relevant date, but not 28
determined by that date, is to be assessed by the Authority, and 29
otherwise be dealt with, as if it were a local impact assessment 30
accompanying a gaming machine threshold application under 31
Division 1 of Part 4 (as inserted by the amending Act). 32
(5) This clause is subject to the regulations. 33
(6) In this clause: 34
relevant date means the date on which this clause commences. 35
SIA means a social impact assessment provided under Division 1 36
of Part 4 (as in force before its repeal by the amending Act). 37
SIA threshold has the meaning given to it under section 4 (1) 38
before the repeal of that definition by the amending Act. 39
Page 34
Gaming Machines Amendment Bill 2008
Amendment of Gaming Machines Act 2001 Schedule 1
unused portion of a SIA threshold means any portion of the 1
threshold for which a poker machine entitlement has not been 2
acquired. 3
venue means a hotel or the premises of a registered club. 4
46 Existing free club entitlements and pending applications 5
(1) In this clause: 6
existing free club entitlement means a poker machine 7
entitlement allocated under section 17 (as in force before its 8
repeal by the amending Act) in respect of the premises of a 9
registered club. 10
(2) An existing free club entitlement cannot be transferred during the 11
period of 3 years immediately following the date on which it was 12
allocated. 13
(3) A registered club must forfeit to the Authority all of its existing 14
free club entitlements before any other poker machine 15
entitlements allocated in respect of the club's premises can be 16
transferred under Division 2 of Part 3 of this Act. 17
(4) Any application made (but not determined) under section 17 18
before its repeal by the amending Act has no effect. 19
47 Existing advisers' licences and work permits 20
An adviser's licence (or work permit issued in relation to an 21
application for such a licence) in force immediately before the 22
commencement of this clause is, on that commencement, taken to 23
be a seller's licence or a work permit issued in relation to an 24
application for a seller's licence, as the case requires. 25
Page 35
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