New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 28

28 Hardship applications by registered clubs

(1) In making a hardship application, a registered club must establish, to the satisfaction of the Board, that:

(a) the financial viability of the club will be seriously threatened if the club is not able to keep the additional approved gaming machines, and

(b) the club entered into a contract before noon on 28 March 2000 for the carrying out of significant building or refurbishment work in relation to the club, and

(c) the decision to enter into the contract was based on current cash flow estimates that relied on the additional approved gaming machines.

(2) Subject to the regulations, an existing hardship application made by a registered club is taken to be a hardship application under this Division.

(3) Subsection (1) does not apply in relation to an existing hardship application if it was made before 26 July 2001. Such an existing hardship application is to be determined by the Board in accordance with the provisions of section 88AF of the Registered Clubs Act 1976 as if that section was still in force.

(4) However, subsection (1) does apply in relation to an existing hardship application if it was made on or after 26 July 2001.

(5) Division 1 of Part 4 does not apply to a hardship application by a registered club unless the application is made in respect of a new club (including a club whose premises are removed under the Liquor Act 2007 to other premises whether or not in the same neighbourhood as the previous premises).

(6) In this section:
"existing hardship application" means an application, made but not determined before the commencement of this section, under the Registered Clubs Act 1976 for the keeping of additional approved gaming machines on the premises of a registered club and which was made in connection with section 88AF of that Act (as in force immediately before its repeal by this Act).