New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 31A

31A Forfeiture of other entitlements in certain circumstances

(1) If a hotel licence:

(a) is surrendered or cancelled, or

(b) is, under the Liquor Act 2007 , removed to other premises (not being temporary premises) that are situated more than 1 kilometre from the previous premises,

any gaming machine entitlements held by the hotelier, or held in respect of the hotel licence, must be forfeited to the Authority.

(2) If:

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

(b) the premises of a registered club ( "the previous premises") are, under the Liquor Act 2007 , removed to other premises (not being temporary premises) that are situated more than 1 kilometre from the previous premises,

any gaming machine entitlements held in, or in respect of, the previous premises must be forfeited to the Authority.

(3) Subsection (2) does not apply in relation to the cancellation of a registered club’s licence if that cancellation is the result of an amalgamation with another registered club as referred to in Division 1A of Part 2 of the Registered Clubs Act 1976 .

(4) In this section:
"gaming machine entitlement" means:

(a) in the case of a hotel licence:

(i) any hardship gaming machine in respect of which a poker machine entitlement has not been allocated, and

(ii) any poker machine entitlement allocated under section 22 that is not transferable in accordance with that section, and

(iii) any authorisation to keep an approved amusement device, or

(b) in the case of the premises of a registered club:

(i) any hardship gaming machine in respect of which a poker machine entitlement has not been allocated, and

(ii) any free club entitlement allocated under section 17 (as in force before its repeal by the Gaming Machines Amendment Act 2008 ), and

(iii) any authorisation to keep an approved amusement device,

but does not include a poker machine entitlement or a Liquor Act poker machine permit.