New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 20

20 General requirements relating to transfer of gaming machine entitlements

(1) Gaming machine entitlements held in respect of a hotel licence may only be transferred to another hotel licence.

(2) Gaming machine entitlements held in respect of a club licence may only be transferred to another club licence.

(2A) If a hotel licence or a club licence is removed under the Liquor Act 2007 to other premises, any gaming machine entitlements held in respect of the premises from which the licence is removed may only be transferred to the premises to which the licence is removed if they are transferred in accordance with this Division.

(3) Subject to this Act, the following requirements apply to the transfer of gaming machine entitlements:

(a) a transfer must comprise one or more blocks of 2 or 3 gaming machine entitlements nominated by the transferor (referred to in this Division as a "transfer block"),

(b) from each such transfer block, one of the entitlements must be forfeited to the Authority.

(4) A transfer block may comprise gaming machine entitlements that are held in respect of more than one hotel licence or more than one club licence.

(5) Despite subsection (3), one gaming machine entitlement held in respect of a hotel licence that relates to a country hotel (the "transferring hotel") may be transferred in any period of 12 months without the requirements of that subsection applying to the transfer if:

(a) the transfer is to another hotel licence that is held in relation to a country hotel, and

(b) the gaming machine threshold for the transferring hotel is not more than 8.

(6) Subsection (3) continues to apply in respect of any subsequent transfer, in any period of 12 months, of gaming machine entitlements held in respect of a hotel licence of a transferring hotel as referred to in subsection (5).

(7) If the Authority approves the transfer of gaming machine entitlements, the Authority is to decrease, by the number of entitlements transferred, the gaming machine threshold for the hotel or the premises of the club from which the entitlements are transferred.

(8) To avoid doubt, the amount by which the gaming machine threshold for the hotel or club premises concerned is to be decreased is to include the number of entitlements that are required to be forfeited under this section because of the transfer.