New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 37B

37B Restriction on gaming machine thresholds for venues in retail shopping centres

(1) The gaming machine threshold for a hotel or premises of a registered club cannot be increased if the hotel or premises are part of a retail shopping centre or proposed retail shopping centre.

(2) If a hotel licence or club licence is granted under the Liquor Act 2007 for premises that are part of a retail shopping centre or proposed retail shopping centre, the gaming machine threshold for the premises is to be set at zero.

(3) If an application is granted under the Liquor Act 2007 that results in the removal of a hotel licence, or the extension of a hotel, to premises that are part of a retail shopping centre or proposed retail shopping centre, the gaming machine threshold for the premises is to be set at zero.

(4) If an application is granted under the Liquor Act 2007 that results in the removal of a club licence, or the extension of the premises of a registered club, to premises that are part of a retail shopping centre or proposed retail shopping centre, the gaming machine threshold for the premises is to be set at zero.

(5) However, subsection (4) does not apply if:

(a) the retail shopping centre comprises or will comprise less than such number of shops as may be prescribed by the regulations, and

(b) patrons will not be able to gain access to the club’s premises directly from the retail shopping centre, and

(c) in the case where the club licence is being removed to other premises-the other premises are situated in the same suburb or town as the previous premises, and

(d) in the case where the club’s premises are being extended-the club’s premises remain predominantly where they were before the extension, and

(e) the gaming machine threshold for the club’s premises is no more than the gaming machine threshold for the club’s premises immediately before the club licence was removed or the premises were extended, and

(f) such other requirements as may be prescribed by the regulations have been complied with.

(6) For the purposes of this section, a hotel or the premises of a registered club are taken to be part of a retail shopping centre if the hotel or club premises are located within the retail shopping centre or physically adjoin any part of the retail shopping centre.

(7) This section has effect despite any other provision of this Division.