New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 15

15 Initial allocation of poker machine entitlements

(1) On the commencement of this section, one poker machine entitlement is to be allocated by the Board:

(a) for each approved poker machine that comprises the frozen number of approved poker machines for a hotel, and

(b) for each approved poker machine that comprises the frozen number of approved poker machines for the premises of a registered club.

(2) The poker machine entitlements are to be allocated:

(a) in the case of a hotel-in respect of the hotelier’s licence, or

(b) in the case of the premises of a registered club-in respect of those premises,

and are to be allocated in accordance with such arrangements as may be approved by the Director-General.

(3) For the purposes of subsection (1) (a), the "frozen number" of approved poker machines for a hotel is the number that is determined by the Board after taking into account:

(a) the number of poker machines authorised to be kept in the hotel under the Liquor Act 1982 as at 19 April 2001, and

(b) any increase in that number after that date and before the commencement of this section that has been authorised by the Board.

(4) In determining the frozen number of approved poker machines for a hotel, the Board is to disregard any poker machine for which a Liquor Act poker machine permit is held.

(5) For the purposes of subsection (1) (b), the "frozen number" of approved poker machines for the premises of a registered club is the number that is determined by the Board after taking into account:

(a) the number of poker machines authorised to be kept on those premises under the Registered Clubs Act 1976 as at 28 March 2000, and

(b) any increase in that number after that date and before the commencement of this section that has been authorised by the Board.

(6) Despite subsection (1), the Board is not required to allocate a poker machine entitlement for any such approved poker machine unless the Board is satisfied that the hotel or registered club concerned:

(a) was lawfully in a position to keep the poker machine when the authorisation to keep the poker machine was granted, or

(b) would have been lawfully in a position to keep the poker machine by the date nominated in the application for the authorisation.

(7) If a poker machine entitlement has been allocated in respect of a hotelier’s licence or the premises of a registered club but the Board would, had subsection (6) been in force when the entitlement was allocated, not have been required to allocate the entitlement in accordance with that subsection, the hotelier or club must forfeit the entitlement to the Board.