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GAMING MACHINES ACT 2001 - SECT 19 Transfer of gaming machine entitlements

GAMING MACHINES ACT 2001 - SECT 19

Transfer of gaming machine entitlements

19 Transfer of gaming machine entitlements

(1) A gaming machine entitlement held in respect of a hotel licence or club licence is transferable.
Note : Division 2A also provides for the leasing of gaming machine entitlements.
(2) The transfer of a gaming 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 gaming 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 held 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.
(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.