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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Gaming Machines Amendment
(Temporary Freeze) Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Gaming Machines Act 2001 No 127 2
4 Repeal of Act 2
Schedule 1 Amendments 3
b2008-005-35.d10
New South Wales
Gaming Machines Amendment
(Temporary Freeze) Bill 2008
No , 2008
A Bill for
An Act to amend the Gaming Machines Act 2001 to impose a temporary freeze on
the maximum number of gaming machines that may be kept in a hotel or club and to
make further provision in relation to the transfer of hotel poker machine entitlements;
and for related purposes.
Clause 1 Gaming Machines Amendment (Temporary Freeze) Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Gaming Machines Amendment (Temporary Freeze) 3
Act 2008. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Amendment of Gaming Machines Act 2001 No 127 7
The Gaming Machines Act 2001 is amended as set out in Schedule 1. 8
4 Repeal of Act 9
(1) This Act is repealed on the day following the day on which this Act 10
commences. 11
(2) The repeal of this Act does not, because of the operation of section 30 12
of the Interpretation Act 1987, affect any amendment made by this Act. 13
Page 2
Gaming Machines Amendment (Temporary Freeze) Bill 2008
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 19 Transfer of poker machine entitlements 3
Omit section 19 (5). Insert instead: 4
(5) For the purposes of subsection (3) (c), a person is taken to have a 5
financial interest in a licence if: 6
(a) the person is entitled to receive any income derived from 7
the business carried on under the authority of the licence or 8
any other financial benefit or financial advantage from the 9
carrying on of the business (whether the entitlement arises 10
at law or in equity or otherwise), or 11
(b) in the case where the hotel to which the licence relates is 12
subject to a lease--the person is the lessor and has a 13
beneficial interest in the business of the hotel (including 14
the goodwill of the business at the end of the lease). 15
[2] Section 19 (6) 16
Omit "However". Insert instead "Subject to subsection (5) (b)". 17
[3] Section 19 (6) 18
Insert "building comprising the" after "owner of the". 19
[4] Section 19 (7) 20
Insert after section 19 (6): 21
(7) Subsection (5) (b) does not, in the case where the hotel to which 22
the licence relates is subject to a lease, apply in relation to the 23
transfer of a poker machine entitlement that was purchased by a 24
person other than the lessor or a person acting on behalf of the 25
lessor. 26
[5] Section 37B 27
Insert after section 37A: 28
37B Temporary freeze in relation to SIA thresholds 29
(1) During the period of the freeze, a social impact assessment that 30
relates to the keeping of approved gaming machines in a hotel or 31
on the premises of a registered club cannot be approved if the 32
approval would result in an increase in the SIA threshold for the 33
hotel or the premises of the club. 34
Page 3
Gaming Machines Amendment (Temporary Freeze) Bill 2008
Schedule 1 Amendments
(2) In this section, period of the freeze means the period: 1
(a) starting on the commencement of this section, and 2
(b) ending on the date appointed by proclamation. 3
[6] Section 61 Clubs may keep multi-terminal gaming machines 4
Insert "and section 61A" after "this section" in section 61 (1). 5
[7] Section 61 (2) 6
Insert ", subject to section 61A," after "may". 7
[8] Section 61A 8
Insert after section 61: 9
61A Temporary freeze on number of multi-terminal gaming machines 10
in clubs 11
(1) During the period of the freeze, an application for authorisation 12
to keep a multi-terminal gaming machine on the premises of a 13
registered club cannot be granted if: 14
(a) more than 15% of the approved gaming machines 15
authorised to be kept on the premises are terminals 16
forming part of multi-terminal gaming machines, or 17
(b) the authorisation would result in such terminals 18
comprising more than 15% of the approved gaming 19
machines authorised to be kept on the premises. 20
(2) Subsection (1) applies only if the application relates to an 21
increase in the number of multi-terminal gaming machines 22
authorised to be kept on the premises concerned immediately 23
before 7 December 2007. 24
(3) In this section, period of the freeze means the period: 25
(a) starting on the commencement of this section, and 26
(b) ending on the date appointed by proclamation. 27
Page 4
Gaming Machines Amendment (Temporary Freeze) Bill 2008
Amendments Schedule 1
[9] Schedule 1 Savings, transitional and other provisions 1
Insert as Part 10: 2
Part 10 Provisions consequent on enactment of 3
Gaming Machines Amendment (Temporary 4
Freeze) Act 2008 5
37 Definition 6
In this Part: 7
amending Act means the Gaming Machines Amendment 8
(Temporary Freeze) Act 2008. 9
38 Transfer of certain hotel poker machine entitlements 10
(1) The amendments made to section 19 by the amending Act extend 11
to any application for approval to transfer a hotel poker machine 12
entitlement that was made between 7 December 2007 and the 13
commencement of the amending Act. 14
(2) If such an application was approved before the commencement of 15
the amending Act, the transfer of the hotel poker machine 16
entitlement to which the application for approval relates has no 17
effect if the approval could not have been given in accordance 18
with section 19 had the amendments made to that section by the 19
amending Act been in force when the approval was given. 20
(3) In this clause, hotel poker machine entitlement means a poker 21
machine entitlement allocated in respect of a hotelier's licence. 22
39 Approval of certain SIAs 23
(1) Section 37B (as inserted by the amending Act) extends to any 24
social impact assessment that was provided in accordance with 25
Division 1 of Part 4 of this Act between 7 December 2007 and the 26
commencement of the amending Act. 27
(2) If such a social impact assessment was approved before the 28
commencement of the amending Act, the approval has no effect 29
(and accordingly the SIA threshold for the hotel or premises 30
concerned is taken not to have been increased) if the approval 31
could not have been given had section 37B been in force when the 32
approval was given. 33
(3) For the avoidance of doubt, section 37B does not apply in relation 34
to any social impact assessment that was provided in accordance 35
with Division 1 of Part 4 of this Act before 7 December 2007. 36
Page 5
Gaming Machines Amendment (Temporary Freeze) Bill 2008
Schedule 1 Amendments
40 Multi-terminal gaming machines in clubs 1
(1) Section 61A (as inserted by the amending Act) extends to any 2
application for authorisation to keep a multi-terminal gaming 3
machine that was made between 7 December 2007 and the 4
commencement of the amending Act. 5
(2) If such an application was granted before the commencement of 6
the amending Act, the authorisation to which the application 7
relates has no effect if the application could not have been 8
granted had section 61A been in force when the application was 9
granted. 10
41 Period of the freeze 11
The date appointed for the end of the period of the freeze for the 12
purposes of section 37B or 61A may be altered by a further 13
proclamation or proclamations published before the date so 14
appointed. 15
42 Crown not liable for any compensation 16
(1) Damages or compensation are not payable by or on behalf of the 17
Crown: 18
(a) because of the enactment of the amending Act or the 19
operation of the amendments made by the amending Act 20
(including the provisions of this Part), or 21
(b) for the consequences of that enactment or operation. 22
(2) In subclause (1), the Crown means the Crown within the meaning 23
of the Crown Proceedings Act 1988, and includes any employee 24
or agent of the Crown. 25
Page 6
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