New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 41

41 Approval of different shutdown periods for “early openers”

(1) This section applies in relation to a hotel or the premises of a registered club (a "venue") if, in the opinion of the Authority, the venue:

(a) was, on a regular basis before 1 January 1997, open for business before 10 am on at least one day of the week, and

(b) was, on a regular basis before 1 January 1997, closed for business between midnight and 10 am for a minimum of 3 hours on at least one day of the week, and

(c) has continued, and is continuing, to open and close on that same basis ever since.

(2) The Authority may, on application made in respect of a venue to which this section applies, approve of the venue having:

(a) a different 6-hour shutdown period to the general 6-hour shutdown period referred to in section 39, or

(b) a different 3-hour shutdown period on Saturdays, Sundays and public holidays to the 3-hour shutdown period referred to in section 40, or

(c) a different 3-hour shutdown period to the limited shutdown period referred to in section 40A.

(3) The Authority may only approve of a venue having any such different shutdown period if the approved period is consistent with the opening and closing times (as referred to in subsection (1)) of the venue.

(4) If any such different shutdown period is approved for the time being in respect of a venue, the hotelier or registered club concerned must ensure that each approved gaming machine that is kept in the venue is not operated for the purposes of gambling during the approved period.

Maximum penalty: 100 penalty units.

(5) Despite any other provision of this section, the Authority’s approval of a venue having different shutdown periods may be given only in respect of those days of the week on which the venue has continued:

(a) to close for business between midnight and 10 am for a consecutive period of at least 3 hours, and

(b) to re-open for business before 10 am.