New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 19

19 Transfer of poker machine entitlements

(1) A poker machine entitlement allocated in respect of a hotel licence or the premises of a registered club is transferable.

(2) The transfer of a poker machine entitlement does not have any effect unless the transfer:

(a) is approved by the Authority, and

(b) complies with the requirements of this Division and any requirements specified in the regulations.

(3) An application for the Authority’s approval of the transfer of a poker machine entitlement must:

(a) be accompanied by the fee (if any) prescribed by the regulations, and

(b) be accompanied by such particulars or other matter as may be required by the Authority in relation to the proposed transfer, and

(c) in the case of an application for the transfer of an entitlement allocated in respect of a hotel licence-demonstrate, to the satisfaction of the Authority, that the proposed transfer is supported by each person who, in the opinion of the Authority, has a financial interest in the hotel licence, and

(d) be in the form and manner determined by the Authority from time to time.

(4) If a poker machine entitlement is transferred to another hotel licence or premises of a registered club in accordance with this Division, the transferred entitlement is, for the purposes of this Division, taken to have been allocated by the Authority in respect of the other hotel licence or club premises.

(5) For the purposes of subsection (3) (c), a person is taken to have a financial interest in a hotel licence if the person is entitled to receive any income derived from the business carried on under the authority of the licence or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise).

(6) However, a person is not, for the purposes of subsection (3) (c), to be considered as having a financial interest in a hotel licence by reason only of being the owner of the hotel.