(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 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
