New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 23

23 Transfer of poker machine entitlements when hotel licence surrendered or cancelled

(1) If:

(a) a hotel licence is surrendered or cancelled, or

(b) a hotelier’s authorisation under Part 5 to keep approved gaming machines is cancelled,

any poker machine entitlements allocated in respect of the licence concerned may, in accordance with this Division, be transferred.

(2) If, at the end of the period of 12 months immediately following the surrender or cancellation of the hotel licence, or the cancellation of the hotelier’s authorisation under Part 5, any such poker machine entitlements have not been transferred, the remaining entitlements are forfeited to the Authority.

(2A) However, any such remaining entitlement may be retained for a further period of up to 12 months if a levy is paid to the Authority to retain the entitlement for that period. The levy is $500 for each of the remaining entitlements intended to be retained.

(2B) If the remaining poker machine entitlements have not been transferred by the end of the further 12-month period under subsection (2A), the entitlements are forfeited to the Authority.

(2C) Any levy paid under subsection (2A) is to be paid into the Community Development Fund.

(3) This section does not apply merely because:

(a) the hotel licence or authorisation under Part 5 to keep approved gaming machines is suspended, or

(b) the hotel has, for the time being, ceased to trade.