GAMING MACHINES ACT 2001 - SECT 37C Special provision relating to de-amalgamated clubs

GAMING MACHINES ACT 2001 - SECT 37C

37C Special provision relating to de-amalgamated clubs

(1) A threshold increase application by a de-amalgamated club in respect of the premises that are transferred to it under the de-amalgamation (the
"relevant premises" ) is not required to be accompanied by an LIA if--

(a) the relevant premises are situated in the same local statistical area as the premises of the amalgamated club from which gaming machine entitlements are proposed to be transferred to the relevant premises, or

(a1) the premises of the amalgamated club and the relevant premises are situated in the same local government area and the classification of the local statistical area in which the premises of the amalgamated club are situated is the same as or ranked higher than the classification of the local statistical area in which the relevant premises are situated, or

(a2) the premises of the amalgamated club and the relevant premises are situated in adjoining local statistical areas (whether or not in the same local government area) and the classification of the local statistical area in which the premises of the amalgamated club are situated is the same as or ranked higher than the classification of the local statistical area in which the relevant premises are situated, or

(b) the relevant premises are situated in a Band 1 LSA and the threshold increase application, if approved, would not result in the gaming machine threshold for the premises being increased, over any period of 12 months, by a number that is more than the number corresponding to a low-range increase for the premises, or

(c) the relevant premises are situated in a Band 1 or Band 2 LSA and the threshold increase application, if approved, would not result in the gaming machine threshold for the relevant premises exceeding the gaming machine threshold for the premises of the dissolved club immediately before it amalgamated with the parent club concerned.

(2) If an LIA is required to be provided with any such threshold increase application because paragraphs (a)-(c) of subsection (1) do not apply in relation to the relevant premises, a class 1 LIA is required to be provided with the threshold increase application concerned.

(3) Subsections (1) and (2) have effect despite any other provision of this Division but apply only if the threshold increase application by the de-amalgamated club is made--

(a) in connection with the de-amalgamation, and

(b) together with an application under section 19 for the Authority's approval of the transfer of gaming machine entitlements to the relevant premises from the premises of the amalgamated club.

(4) A word or expression used in this section that has a meaning under the Registered Clubs Act 1976 has the same meaning given to it under that Act.