New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 31

31 Allocation of poker machine entitlements for hardship gaming machines

(1) The Authority may, on application by a hotelier or registered club, allocate one poker machine entitlement for each hardship gaming machine approved to be kept in the hotel or on the premises of the club.

(2) Any such poker machine entitlement may be transferred in accordance with Division 2 of this Part.

(3) An application under subsection (1) for the allocation of a poker machine entitlement in relation to a hardship gaming machine may be made only after the period of 3 years following the date (as determined by the Authority) on which the hardship gaming machine was approved to be kept in the hotel or on the premises of the club concerned.

(4) The Authority is not to allocate a poker machine entitlement in relation to a hardship gaming machine unless the Authority is satisfied that the conditions (if any) applying to the Authority’s approval of the keeping of the hardship gaming machine have been complied with.

(5) If:

(a) the Authority is satisfied that the conditions applying to an approval to keep a hardship gaming machine have been complied with, and

(b) the approval is not required to be forfeited in accordance with those conditions or any other provision of this Act,

the Authority may notify the hotelier or registered club concerned in writing that the hotelier or club is eligible to make an application under this section for the allocation of a poker machine entitlement in relation to the hardship gaming machine.

(6) If any such notice is given in relation to a hardship gaming machine kept by a hotelier or registered club, the approval to keep the hardship gaming machine is automatically forfeited to the Authority:

(a) at the end of the period of 12 months following the date on which the notice was given to the hotelier or registered club concerned, or

(b) on the date on which a poker machine entitlement is allocated in relation to the hardship gaming machine,

whichever occurs first.