New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 29

29 Approval to keep hardship gaming machines

(1) The Board may refuse a hardship application, or it may approve of the hotelier or registered club keeping all or some of the number of approved gaming machines sought by the hotelier or club in the application. Any such machine is referred to as a "hardship gaming machine".

(1AA) The Board’s approval under this section is subject to such conditions as may be imposed by the Board in relation to the keeping of hardship gaming machines by the hotelier or registered club concerned.

(1A) In the case of a hotelier, the Board may not approve of the hotelier keeping such number of hardship gaming machines as would, at the time the approval is given, result in the hotelier keeping more than 15 approved poker machines.

(1B) If a hardship application is made by a prospective hotelier, the Board may refuse the application or it may approve the keeping of hardship gaming machines subject to the prospective hotelier being granted a hotel licence. If the hotel licence is not granted within 3 years of the Board’s approval, the approval is revoked.

(2) The keeping of a hardship gaming machine is subject to any requirement under this Division in relation to the forfeiture of the approval to keep hardship gaming machines.

(3) For the purposes of this Act, a "hardship gaming machine" includes, in the case of a registered club, a section 88AF hardship machine that:

(a) is kept on the premises of the club as at the commencement of this section, or

(b) was, before the commencement of this section, authorised by the Board to be kept on the premises of the club at some later time.

(4) Any such section 88AF hardship machine is taken to have been approved to be kept on the premises of the registered club under this Act.

(5) In this section:
"section 88AF hardship machine" means an approved gaming machine authorised to be kept on the premises of a registered club as the result of an application that was dealt with under, and determined in accordance with, section 88AF of the Registered Clubs Act 1976 (as in force immediately before its repeal by this Act).