New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 36

36 Approval of LIA by Authority

(1) If a LIA is required to be provided with a threshold increase application, the application cannot be approved unless the Authority approves the LIA.

(2) The applicant is liable to meet any costs incurred by the Authority in connection with its determination of the LIA. The Authority may refuse to determine the LIA until any such costs are paid or provision, satisfactory to the Authority, has been made for their payment.

(3) The Authority may approve a LIA only if it is satisfied that:

(a) the LIA complies with the requirements of this Division and the regulations in relation to the LIA, and

(b) the LIA has demonstrated that gambling activities in the relevant venue will be conducted in a responsible manner, and

(c) in the case of a class 1 LIA:

(i) the proposed increase in the gaming machine threshold for the relevant venue will provide a positive contribution towards the local community where the venue is situated, and

(ii) the relevant venue is not, if the venue comprises the premises of a new club or is a new hotel, situated in the immediate vicinity of a school, hospital or place of worship, and

(iii) the LIA has adequately addressed any community concerns arising out of the consultation process under the regulations, and

(d) in the case of a class 2 LIA:

(i) the proposed increase in the gaming machine threshold for the relevant venue will have an overall positive impact on the local community where the venue is situated, and

(ii) the relevant venue is not, if the venue comprises the premises of a new club or is a new hotel, situated in the immediate vicinity of a school, hospital or place of worship, and

(iii) the LIA has adequately addressed any community concerns arising out of the consultation process under the regulations.

(4) The regulations may specify other grounds on which the Authority may refuse to approve a LIA.

(5) If any submissions are made in relation to a LIA in accordance with the regulations, the Authority must take those submissions into consideration in deciding whether to approve the LIA.

(6) The Authority may, in any case it considers appropriate, partly approve a LIA, in which case the Authority may increase the relevant venue’s gaming machine threshold by a number that is less than the number to which the threshold increase application relates.

(7) Without limiting any other provision of this Division, the approval of a LIA is subject to such conditions as may be specified by the Authority. The LIA has no effect if any such conditions are not complied with.