New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 24

24 Transfer of poker machine entitlements when licence of registered club surrendered or cancelled

(1) If, in relation to the premises of a registered club:

(a) the licence of the club is surrendered or cancelled under the Liquor Act 2007 , or

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

any poker machine entitlements allocated in respect of the premises 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 club’s licence, or the cancellation of the club’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) The Authority may allow a poker machine entitlement to be retained for the further period without requiring the payment of the levy under subsection (2A) if the Authority is satisfied that the delay in transferring the remaining entitlements is due to circumstances beyond the control of the proposed transferor of the entitlements.

(2C) 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.

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

(3) This section does not apply in relation to a registered club merely because:

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

(b) the club has temporarily ceased to trade on the premises to which the licence of the club relates.