New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 20

20 General requirements relating to transfer of poker machine entitlements

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

(1A) If a hotel licence is removed under the Liquor Act 2007 to other premises, the removed licence is, for the purposes of this Act, taken to be another hotel licence to which poker machine entitlements allocated in respect of the hotel licence may be transferred.

(2) Poker machine entitlements allocated in respect of the premises of a registered club may be transferred only:

(a) to another set of the club’s premises, or

(b) to the premises of another registered club.

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

(a) a transfer must comprise one or more blocks of 2 or 3 poker 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 poker machine entitlements that have been allocated in respect of more than one hotel licence or more than one set of club premises.

(5) Despite subsection (3), one poker machine entitlement allocated in respect of a hotel licence that is held in relation 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 poker machine entitlements allocated in respect of a hotel licence of a transferring hotel as referred to in subsection (5).

(7) If the Authority approves the transfer of poker 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 registered 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.