GAMING MACHINES ACT 2001 - SCHEDULE 1

GAMING MACHINES ACT 2001 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 211)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--

this Act

Gaming Machines Amendment Act 2002

Gaming Machines Further Amendment Act 2002

Gaming Machines Amendment (Shutdown Periods) Act 2003

Gaming Machines Amendment (Miscellaneous) Act 2003

Gaming Machines Amendment Act 2004

Gaming Machines Amendment Act 2005

State Revenue and Other Legislation Amendment (Budget) Act 2007 , but only to the extent that it amends this Act

Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007 , to the extent that it amends this Act

Gaming Machines Amendment Act 2008

Clubs, Liquor and Gaming Machines Legislation Amendment Act 2011 , to the extent that it amends this Act

any other Act that amends this Act

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

2 Preservation of existing gaming machine approvals and authorisations

(1) In this clause--


"existing gaming machine approval or authorisation" means any approval or authorisation in respect of a poker machine or approved amusement device--

(a) granted under a provision of the Liquor Act 1982 or the Registered Clubs Act 1976 repealed by this Act, and

(b) in force immediately before the repeal of the provision.

(2) An existing gaming machine approval or authorisation is, subject to this Act and the regulations, taken to be an approval or authorisation in force under this Act.

(3) The conditions to which an existing gaming machine approval or authorisation is subject are, subject to the regulations, taken to be conditions imposed by or under this Act and may be revoked or varied in accordance with this Act.

3 Saving of existing gaming-related licences and work permits

(1) In this clause--


"existing gaming-related licence" means a gaming-related licence--

(a) granted under a provision of the Liquor Act 1982 or the Registered Clubs Act 1976 before the repeal of the provision by this Act, and

(b) in force immediately before the repeal of the provision.

(2) An existing gaming-related licence is, subject to the regulations, taken to be a gaming-related licence of the corresponding kind (as determined by the Board) in force under this Act.

(3) A work permit issued under section 178 of the Liquor Act 1982 or section 90A of the Registered Clubs Act 1976 and in force immediately before the commencement of this clause is, subject to the regulations, taken to be a work permit of the corresponding kind (as determined by the Board) in force under this Act.

(4) Subject to the regulations, any application made under the Liquor Act 1982 or the Registered Clubs Act 1976 for a gaming-related licence before the commencement of this clause is, if the application was not finally determined before that commencement, taken to have been made under this Act and may be dealt with in accordance with this Act.

4 Saving of existing TAB exclusive licences

(1) A licence in force under Division 4 of Part 11 of the Liquor Act 1982 and in force immediately before the repeal of that Division by this Act is taken to be a CMS licence in force under this Act.

(2) A licence in force under Part 12 of the Liquor Act 1982 and in force immediately before the repeal of that Part by this Act is taken to be a links licence in force under this Act.

(3) An investment licence in force under Part 13 of the Liquor Act 1982 and in force immediately before the repeal of that Part by this Act is taken to be an investment licence in force under this Act.

5 Saving of permits issued under section 182C of former Liquor Act

The repeal of section 182C of the Liquor Act 1982 by this Act does not affect the acquisition of any permit issued under that section before its repeal.

6 Replacement gaming machines in registered clubs affected by existing club freeze

(1) This clause applies in relation to a registered club if--

(a) the club, immediately before 28 March 2000, applied under the Registered Clubs Act 1976 to the Board for authorisation under that Act to replace a poker machine with another poker machine (
"the replacement machine" ), and

(b) the application to keep the replacement machine was not granted by 28 March 2000 and, because of the enactment of Part 10B of the Registered Clubs Act 1976 (
"the club freeze" ), was not able to be granted after that date.

(2) The Board may, if satisfied that the effect of the club freeze prevented the processing of any such application for a replacement machine, authorise the registered club to keep the replacement machine provided the authorisation to keep the machine it replaces is cancelled.

(3) This clause has effect despite any other provision of this Act.

7 Revocation of certain "hardship" grants in relation to clubs

(1) In this clause--


"relevant hardship application" means an application to keep additional gaming machines in a registered club, being an application under the Registered Clubs Act 1976 that--

(a) was made before 26 July 2001, and

(b) was dealt with in accordance with section 88AF of that Act (as in force before its repeal by this Act).

(2) If a relevant hardship application was initially refused by the Board before 26 July 2001 but was subsequently granted by the Board after that date, the granting of the relevant hardship application is, by the operation of this clause, revoked and is taken to have had no effect unless the Director-General determines, by notice in writing to the Board and the registered club concerned, that the granting of the relevant hardship application continues to have effect.

8 Protection of existing contractual arrangements (hotel lessees)

(1) In this clause--


"hotel owner" means a person who owns the business conducted under the authority of the hotelier's licence concerned.


"lessee" means a person who exercises the authority conferred by a hotelier's licence under a lease, as in force at the commencement of this clause, with the hotel owner.

(2) If--

(a) poker machine entitlements are allocated in respect of a hotelier's licence, and

(b) a lessee is exercising the authority conferred by the licence,

the poker machine entitlements are, for the purposes of this Act, taken to be allocated in respect of the lessee and the lessee is, for the duration of the lease, authorised (subject to this Act) to keep approved gaming machines in accordance with any such poker machine entitlements.

(3) If the lessee assigns the lease to another person in accordance with the terms of the lease, the lessee may, in accordance with this Act, transfer any poker machine entitlements held by the lessee to the other person as part of the assignment.

(4) For the purposes of subclause (2), the duration of the contractual arrangements includes any extension of those arrangements that is legally enforceable (such as an option for renewal).

9 Updating of certain references

Subject to the regulations, in any Act (other than this Act) or in any instrument made under an Act or in any other document--

(a) a reference to--

(i) an approved amusement device within the meaning of the Liquor Act 1982 , or

(ii) a poker machine, or an approved or authorised poker machine, within the meaning of the Registered Clubs Act 1976 ,

is taken to be a reference to an approved gaming machine within the meaning of this Act, and

(b) a reference to a poker machine area within the meaning of the Registered Clubs Act 1976 is taken to be a reference to a gaming machine area within the meaning of this Act.

10 General saving

Anything done under a provision of the Liquor Act 1982 or the Registered Clubs Act 1976 (being a provision repealed by this Act) that had any force or effect immediately before its repeal is, to the extent that it could have been done under the corresponding provision of this Act, taken to have been done under this Act, subject to any express or implied provision to the contrary in this Act or the regulations made under this Act.

Part 3 - Provisions consequent on enactment of Gaming Machines Amendment Act 2002

11 Validation provision

Anything done before the commencement of the amendments to this Act by the Gaming Machines Amendment Act 2002 that would have been validly done had those amendments been in force when it was done is validated.

Part 4 - Provisions consequent on enactment of Gaming Machines Further Amendment Act 2002

12 Definition

In this Part--


"amending Act" means the Gaming Machines Further Amendment Act 2002 .

13 Initial allocation of poker machine entitlements

Anything done or omitted to be done by the Board under section 15 that would have been validly done or omitted to be done had the amendments to that section by the amending Act been in force when the thing was done or omitted to be done is validated.

14 Transfer of poker machine entitlements by large-scale clubs

Section 21A, as inserted by the amending Act, extends to an application to transfer poker machine entitlements made before the commencement of that section.

15 Surrender of AAD entitlements

The amendment made to section 22 by the amending Act extends to the surrender, before the commencement of that amendment, by a hotelier under that section of an authorisation to keep approved amusement devices.

16 Conditions in relation to hardship gaming machine approvals

Anything done by the Board that would have been validly done had section 29 (1AA), as inserted by the amending Act, been in force when the thing was done is validated.

17 Determination of social impact assessments by Board

The amendments made to section 37 by the amending Act extend to a social impact assessment that has been provided to the Board before the commencement of those amendments.

18 Restrictions on authorisation to keep approved amusement devices

Anything done or omitted to be done by the Board that would have been validly done or omitted to be done had section 59A, as inserted by the amending Act, been in force when the thing was done or omitted to be done is validated.

19 Sharing of receipts from gaming machines

Section 73 (3), as inserted by the amending Act, extends to--

(a) receipts from the operation of approved gaming machines that have been shared by a hotelier, and

(b) payments made by the hotelier in relation to those receipts,

Part 5 - Provisions consequent on enactment of Gaming Machines Amendment (Shutdown Periods) Act 2003

20 Existing approvals in relation to shutdown periods

(1) The amendments made by the Gaming Machines Amendment (Shutdown Periods) Act 2003 to sections 40 and 41 do not affect the operation of any approval given by the Board under those sections before the commencement of those amendments.

(2) Section 42 (3) (as inserted by the Gaming Machines Amendment (Shutdown Periods) Act 2003 ) extends to an approval given by the Board under section 40 or 41 before the commencement of that subsection.

Part 6 - Provisions consequent on enactment of Gaming Machines Amendment (Miscellaneous) Act 2003

21 Definition

In this Part--


"amending Act" means the Gaming Machines Amendment (Miscellaneous) Act 2003 .

22 Exchange of AADs for poker machine entitlements

Section 22 (1B), as inserted by the amending Act--

(a) applies to or in respect of an application under section 22 (1) made on or after the date of introduction into the Legislative Assembly of the Bill for the amending Act, and

(b) extends to an application made under section 22 (1) before that introduction date if the application has not been approved by the Board before the commencement of section 22 (1B).

23 Transfer of poker machine entitlements between country clubs

Anything done--

(a) by a registered club in connection with the provision of a social impact assessment, or

(b) by the Board in connection with the determination or approval of a social impact assessment,

24 Continuation of existing complaints about non-payment of gaming machine tax

The repeal by the amending Act of section 68 (1) (g) of the Liquor Act 1982 does not affect any proceedings brought in connection with that provision that were commenced before its repeal, and any such proceedings may continue to be dealt with as if that provision had not been repealed.

Part 7 - Provisions consequent on enactment of Gaming Machines Amendment Act 2004

25 Definitions

In this Part--


"amending Act" means the Gaming Machines Amendment Act 2004 .


"investment licence" means the investment licence granted to TAB and in force under Part 11 immediately before the repeal of that Part by the amending Act.


"TAB" means the company known as TAB Limited established by the Totalizator Agency Board Privatisation Act 1997 .

26 Arrangements for collection of certain fees after transfer of licence

An authorisation in writing, executed by or on behalf of a hotelier or registered club, that is, immediately before any transfer of a CMS licence or links licence in accordance with this Act, effective to permit the holder of that licence (
"the current holder" ) to appropriate, by automatic debit from the accounts of the hotelier or club at a bank or financial institution, amounts payable--

(a) as or in respect of the monitoring fee payable under section 134, or

(b) in connection with the operation of an authorised linked gaming system,

27 Arrangements necessary for continued operation of authorised CMS or authorised linked gaming system after transfer of licence

(1) The Minister may, by order published in the Gazette, identify such contracts between a holder of a CMS licence or a links licence and other parties as are, in the Minister's opinion, necessary for the continued operation of the authorised CMS or authorised linked gaming system to which the licence relates.

(2) The publication of such an order operates to require the other parties to the contracts to give any consents that are necessary to permit the assignment or novation of such contracts by the holder of the CMS licence or links licence concerned to the person to whom the licence is transferred in accordance with this Act.

(3) The consents may be given either unconditionally or subject to such conditions as the Minister considers reasonable.

(4) However, if a consent required to be given under this clause is not given within 60 days after it has been duly sought, the consent is taken to have been given unconditionally.

(5) Neither the transfer under this Act of a CMS licence or a links licence nor the operation of this clause is to be regarded--

(a) as a breach of contract or confidence or otherwise as a civil wrong, or

(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or

(d) as an event of default under any contract or other instrument.

28 Cancellation of investment licence

The investment licence is taken to be cancelled on the repeal of Part 11.

29 Preservation of certain arrangements under investment licence

(1) Any contract or other arrangement between TAB and a hotelier entered into pursuant to the investment licence and in force immediately before the cancellation of that licence may be completed despite that cancellation and despite the other provisions of this Act.

(2) However--

(a) the contract or arrangement may not be varied so as to extend its term, and

(b) no further contract or arrangement of the same kind may be entered into pursuant to the contract or arrangement, and

(c) failure to extend the term of the contract or arrangement, or to enter into any further such contract or arrangement, does not constitute a breach of, or default under, any contract or arrangement.

(3) This clause has effect despite the provisions of the contract or arrangement concerned.

(4) For the purposes of this clause, section 169 applies as it was in force immediately before its amendment by the amending Act.

Part 8 - Provisions consequent on enactment of Gaming Machines Amendment Act 2005

30 Definition

In this Part--


"amending Act" means the Gaming Machines Amendment Act 2005 .

31 Validation of initial allocation by Board of poker machine entitlements under section 15

Anything done by the Board before 14 February 2003 in relation to the allocation of poker machine entitlements under section 15 has effect despite the decision of the Supreme Court in Mellor v Liquor Administration Board[2003[#93] NSWSC 38 and is not invalidated merely because of that decision.

32 Approved technical standards

Any technical standards approved by the Board under section 62 and in force immediately before the amendment to that section by the amending Act are taken to have been approved by the Director under that section as so amended.

Part 9 - Provisions consequent on enactment of Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007

33 Definitions

In this Part--


"amending Act" means the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007 .


"former Board" means the Liquor Administration Board constituted by section 72 of the former Liquor Act.


"former Court" means the Licensing Court constituted under the former Liquor Act.

Note : The Licensing Court is abolished on the repeal of Part 2 of the former Liquor Act--see clause 23 of Schedule 1 to the Liquor Act 2007 .

34 Pending applications and proceedings

(1) If any authorisation, appointment or other matter is granted or determined pursuant to this clause, it is taken to have been granted or determined under this Act (as amended by Schedule 3 to the amending Act).

(2) Proceedings pending before the Licensing Court If, before the repeal of Part 2 of the former Liquor Act, proceedings in relation to any matter under this Act were commenced in the former Court but the former Court had not determined the matter--

(a) the matter may continue to be dealt with and determined by the Local Court as if it were sitting as the former Court, and

(b) the provisions of this Act (as in force immediately before being amended by Schedule 3 to the amending Act) and the former Liquor Act continue to apply, as if they had not been amended, for the purposes of--

(i) the hearing and determination of the matter, and

(ii) any appeal against the former Court's determination of the matter.

(3) In hearing and determining a matter that is the subject of any such pending proceedings, the Local Court has the same jurisdiction as the former Court had immediately before it was abolished.

(4) Matters being dealt with by the Liquor Administration Board If, before the repeal of section 72 of the former Liquor Act, any matter under this Act was being dealt with by the former Board (including by any person to whom the functions of the Board were delegated under section 75 of the former Liquor Act) but had not been determined by the date of that repeal--

(a) the former Board (or the person to whom those functions were delegated) is to continue to deal with the matter as if the former Board had not been abolished, and

(b) the provisions of this Act (as in force immediately before being amended by Schedule 3 to the amending Act) continue to apply in relation to the determination of the matter by the former Board (or by the person to whom those functions were delegated) as if those provisions had not been so amended.

(5) If any such pending matter before the former Board is not determined within such period as may be prescribed by the regulations, the Authority may deal with the matter instead under the relevant provision of this Act.

(6) The continuation, for the purposes of this clause, of the provisions of this Act (as in force immediately before being amended by Schedule 3 to the amending Act) and the former Liquor Act is subject to such modifications as may be prescribed by the regulations.

(7) For the purposes of this clause,
"amended" includes repealed.

35 Existing conditions imposed by former Court or former Board

(1) Any condition imposed by the former Court or the former Board (whether under the former Liquor Act or this Act) in relation to any matter under this Act, being a condition in force immediately before the repeal of Part 4 of the former Liquor Act, is taken to have been imposed by the Authority under this Act (and accordingly a reference to the former Court or the former Board in or in relation to any such condition is to be construed as a reference to the Authority).

(2) The Authority has such powers as are necessary to give effect to any such condition and may vary or revoke the condition.

36 General savings provision

(1) Subject to the regulations, anything done under or for the purposes of a provision of this Act that had effect immediately before the provision was amended by Schedule 3 to the amending Act is taken to have been done under or for the purposes of this Act as so amended.

(2) Without limiting subclause (1), any licence, authorisation or approval that was in force under a provision of this Act immediately before the amendment of the provision by Schedule 3 to the amending Act is taken to be a licence, authorisation or approval in force under this Act as so amended.

Part 10 - Provisions consequent on enactment of Gaming Machines Amendment (Temporary Freeze) Act 2008

37 Definition

In this Part--


"amending Act" means the Gaming Machines Amendment (Temporary Freeze) Act 2008 .

38 Transfer of certain hotel poker machine entitlements

(1) The amendments made to section 19 by the amending Act extend to any application for approval to transfer a hotel poker machine entitlement that was made between 7 December 2007 and the commencement of the amending Act.

(2) If such an application was approved before the commencement of the amending Act, the transfer of the hotel poker machine entitlement to which the application for approval relates has no effect if the approval could not have been given in accordance with section 19 had the amendments made to that section by the amending Act been in force when the approval was given.

(3) In this clause,
"hotel poker machine entitlement" means a poker machine entitlement allocated in respect of a hotelier's licence.

39 Approval of certain SIAs

(1) Section 37B (as inserted by the amending Act) extends to any social impact assessment that was provided in accordance with Division 1 of Part 4 of this Act between 7 December 2007 and the commencement of the amending Act.

(2) If such a social impact assessment was approved before the commencement of the amending Act, the approval has no effect (and accordingly the SIA threshold for the hotel or premises concerned is taken not to have been increased) if the approval could not have been given had section 37B been in force when the approval was given.

(3) For the avoidance of doubt, section 37B does not apply in relation to any social impact assessment that was provided in accordance with Division 1 of Part 4 of this Act before 7 December 2007.

40 Multi-terminal gaming machines in clubs

(1) Section 61A (as inserted by the amending Act) extends to any application for authorisation to keep a multi-terminal gaming machine that was made between 7 December 2007 and the commencement of the amending Act.

(2) If such an application was granted before the commencement of the amending Act, the authorisation to which the application relates has no effect if the application could not have been granted had section 61A been in force when the application was granted.

41 Period of the freeze

The date appointed for the end of the period of the freeze for the purposes of section 37B or 61A may be altered by a further proclamation or proclamations published before the date so appointed.

42 Crown not liable for any compensation

(1) Damages or compensation are not payable by or on behalf of the Crown--

(a) because of the enactment of the amending Act or the operation of the amendments made by the amending Act (including the provisions of this Part), or

(b) for the consequences of that enactment or operation.

(2) In subclause (1),
"the Crown" means the Crown within the meaning of the Crown Proceedings Act 1988 , and includes any employee or agent of the Crown.

Part 11 - Provisions consequent on enactment of Gaming Machines Amendment Act 2008

43 Definition

In this Part--


"amending Act" means the Gaming Machines Amendment Act 2008 .

44 Special provisions relating to entitlements retained by clubs under former section 15B

(1) In this clause--


"retained entitlement" means a poker machine entitlement retained by a registered club in accordance with section 15B (as in force before its repeal by the amending Act).

(2) If a registered club--

(a) forfeited poker machine entitlements in accordance with section 15B (4) (d) (as in force before its repeal by the amending Act), and

(b) subsequently transfers, in accordance with Division 2 of Part 3 of this Act, any of its retained entitlements,

each of those forfeited entitlements is, for the purposes of the subsequent transfer of the retained entitlements, taken to be one of the entitlements that the club is required to forfeit to the Authority because of section 20 (3) (b).

(3) Accordingly, the registered club is exempt from the operation of section 20 (3) (b) to the extent that the club is not required to forfeit poker machine entitlements from a transfer block under that section if those entitlements are, because of subclause (2), already taken to have been forfeited under this clause.

(4) A registered club may, in accordance with Division 1 of Part 4 of this Act (as inserted by the amending Act), apply to the Authority to increase the gaming machine threshold for the premises of the club by a number that corresponds to all or any of the number of retained entitlements held by the club.

(5) If the Authority approves the threshold increase application, the Authority is to convert the relevant number of retained entitlements into poker machine entitlements that are allocated in respect of the club's premises and that are transferrable by the club under Division 2 of Part 3 of this Act.

(6) In converting any such retained entitlements into tradeable poker machine entitlements, one out of every 6 of the converted entitlements must be forfeited to the Authority.

45 Existing SIA thresholds and pending SIA applications

(1) The SIA threshold for a venue immediately before the relevant date is, as at that date, taken to be the gaming machine threshold for the venue.

(2) Except as provided by subclause (3), the amendments made by the amending Act do not affect the operation of any SIA that was approved before the relevant date and had effect immediately before that date.

(3) If, before the relevant date, the SIA threshold for a venue was not decreased as a result of the transfer of poker machine entitlements from the venue in accordance with Division 2 of Part 3, the Authority is, on the second anniversary of the relevant date, to decrease the gaming machine threshold for the venue by a number that is equal to so much of the unused portion of the venue's SIA threshold as was not decreased as the result of the transfer.

(4) Any SIA that was provided to the Board or the Authority in accordance with this Act before the relevant date, but not determined by that date, is to be assessed by the Authority, and otherwise be dealt with, as if it were a local impact assessment accompanying a gaming machine threshold application under Division 1 of Part 4 (as inserted by the amending Act).

(4A) For the purposes of facilitating the operation of any SIA as referred to in subclause (2), permits may, in the case of a hotel to which any such SIA applies, be acquired by the hotelier, in addition to the acquisition of gaming machine entitlements, to fill any quota set by the regulations (as in force immediately before the relevant date) in relation to the SIA.

(5) This clause is subject to the regulations.

(6) In this clause--


"relevant date" means the date on which this clause commences.


"SIA" means a social impact assessment provided under Division 1 of Part 4 (as in force before its repeal by the amending Act).


"SIA threshold" has the meaning given to it under section 4 (1) before the repeal of that definition by the amending Act.


"unused portion" of a SIA threshold means any portion of the threshold for which a poker machine entitlement has not been acquired.


"venue" means a hotel or the premises of a registered club.

46 Existing free club entitlements and pending applications

(1) In this clause--


"existing free club entitlement" means a poker machine entitlement allocated under section 17 (as in force before its repeal by the amending Act) in respect of the premises of a registered club.

(2) An existing free club entitlement cannot be transferred during the period of 3 years immediately following the date on which it was allocated.

(3) A registered club must forfeit to the Authority all of its existing free club entitlements before any other poker machine entitlements allocated in respect of the club's premises can be transferred under Division 2 of Part 3 of this Act.

(4) Any application made (but not determined) under section 17 before its repeal by the amending Act has no effect.

47 Existing advisers' licences and work permits

An adviser's licence (or work permit issued in relation to an application for such a licence) in force immediately before the commencement of this clause is, on that commencement, taken to be a seller's licence or a work permit issued in relation to an application for a seller's licence, as the case requires.

Part 12 - Provision consequent on enactment of Totalizator Amendment Act 2010

48 Existing multi-terminal gaming machine approval revoked

The approval under this Act granted on 24 September 2002 in respect of the multi-terminal gaming machine known as "Trackside" is revoked.

Part 13 - Provisions consequent on enactment of Clubs, Liquor and Gaming Machines Legislation Amendment Act 2011

49 Definitions

In this Part--


"amending Act" means the Clubs, Liquor and Gaming Machines Legislation Amendment Act 2011 .


"permit" means a permit issued and in force under section 182C of the Liquor Act 1982 before its repeal.

50 Effect of previous permit transfers on transferring hotel's gaming machine threshold

(1) Subject to the regulations, if the gaming machine threshold or the SIA threshold (within the meaning of clause 45 of this Schedule) for a hotel was not, before the commencement of this clause, decreased as a result of the transfer of permit from the hotel in accordance with the relevant arrangements, the Authority is, on the first anniversary of that commencement, to decrease the gaming machine threshold for the hotel by a number that is equal to so much of the unused portion of the hotel's gaming machine threshold or SIA threshold as was not decreased as the result of the transfer.

(2) In this clause--


"relevant arrangements" means the arrangements applying under clause 5 of this Schedule immediately before the substitution of that clause by the amending Act.


"unused portion" of a gaming machine threshold or SIA threshold means any portion of the threshold concerned for which a gaming machine entitlement or permit has not been acquired.

51 Calculation of hotel gaming machine threshold--exclusion of excess permits

(1) For the purposes of section 14 (3) (as inserted by the amending Act), the gaming machine threshold for a hotel does not include the number of any excess permits held in respect of the hotel licence immediately before the date of commencement of this clause. An
"excess permit" is a permit that, when added to the total number of gaming machine entitlements held in respect of the licence as at that date, would amount to a number that is greater than the gaming machine threshold for the hotel as at that date.

(2) For the avoidance of doubt, any such excess permit may be transferred in accordance with the arrangements approved under section 26 (as substituted by the amending Act).

(3) This clause does not affect the operation of clause 50.

52 Hardship gaming machine approvals

(1) The approval under Division 3 of Part 3 of this Act (as in force immediately before its repeal by the amending Act) of the keeping of a hardship gaming machine expires on the tenth anniversary of the date of the approval.

(2) Despite their repeal by the amending Act, sections 31 and 56 (4) (c) and (5) (b) continue to apply to or in respect of a hardship gaming machine until such time--

(a) as the approval of the keeping of the gaming machine expires in accordance with this clause, or

(b) as the approval of the keeping of the gaming machine is forfeited in accordance with section 31 as so continued,

whichever occurs first.

(3) For the purposes of subclause (2), a reference in section 31 (as continued by that subclause) to a poker machine entitlement is taken to be a reference to a gaming machine entitlement.

53 Effect of surrender or disposal of AADs

(1) Subject to the regulations, if the AAD threshold or gaming machine threshold for a hotel or club premises (
"the venue" ) was not, before the commencement of this clause, decreased--

(a) as a result of the surrender under section 22 (as in force before its repeal by the amending Act) of an authorisation under Part 5 of this Act to keep approved amusement devices in the venue, or

(b) following the authorisation under Part 5 of this Act for the disposal of approved amusement devices kept in the venue,

the Authority is, on the first anniversary of that commencement, to decrease the gaming machine threshold for the venue by a number that is equal to so much of the unused portion of the venue's AAD threshold or gaming machine threshold as was not decreased as the result of the surrender or disposal.

(2) In this clause--


"AAD threshold" for a venue means the AAD threshold (as defined under section 4 of this Act immediately before the repeal of that definition by the Gaming Machines Amendment Act 2008 ) for the venue.


"unused portion" of an AAD threshold or gaming machine threshold means any portion of the threshold concerned for which a gaming machine entitlement or, in the case of a hotel, a permit has not been acquired.

54 Acquisition of permits to fill existing SIA quotas

Anything done under clause 45 (4A) (as inserted by the amending Act) that would have been validly done had that subclause been in force when it was done is validated.

Part 14 - Provisions consequent on enactment of Gaming Machines Amendment (Centralised Monitoring System) Act 2015

55 Definitions

In this Part--


"amending Act" means the Gaming Machines Amendment (Centralised Monitoring System) Act 2015 .


"existing CMS licence" means the CMS licence in force immediately before the commencement of the amending Act.

56 Transitional arrangements for existing CMS licence

(1) This Act, as in force immediately before the commencement of the amending Act, continues to apply in respect of the existing CMS licence.

(2) The Minister may enter into an agreement with the holder of the existing CMS licence to provide for the transition to the CMS licensing arrangements under this Act as amended by the amending Act. Such an agreement may be entered into whether or not a new CMS licence has been granted.

(3) Any such transitional agreement may provide for--

(a) the extension of the operation and management of the authorised CMS for a period of not more than 2 years after the end of the term of the existing CMS licence, and

(b) any other matter or thing that was or could be provided for by an existing CMS licence.

(4) A transitional agreement entered into under this clause is taken to be the existing CMS licence. The monitoring fee payable under section 134 during the period that the transitional agreement is in force may, despite anything in that section, be increased by the Minister in accordance with any increases in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.

(5) The regulations made under Part 1 of this Schedule consequent on the enactment of the amending Act have effect despite anything to the contrary in this clause.

Part 15 - Provisions consequent on enactment of Liquor and Gaming Legislation Amendment Act 2018

57 Definition

In this Part--


"amending Act" means the Liquor and Gaming Legislation Amendment Act 2018 .

58 Existing competency cards

Any competency card that was in force under the Gaming Machines Regulation 2010 immediately before the insertion of the definition of
"recognised competency card" in section 49A by the amending Act is taken to be a competency card within the meaning of that definition.

59 Existing conditions of approval to conduct RCG training courses

Any condition that applied to an approval to conduct RCG training courses in force immediately before the insertion of section 49B by the amending Act is taken to be a condition of such an approval for the purposes of section 49B as inserted.

60 Disciplinary action against licensees

Section 172 as amended by the amending Act extends to the taking of disciplinary action against a licensee who has been served with a notice to show cause immediately before the amendment but in respect of whom a decision has not been made under section 172 (4).

Part 16 - Provisions consequent on enactment of Gaming Machines Amendment (Leasing and Assessment) Act 2018

61 Definition

In this Part--


"amending Act" means the Gaming Machines Amendment (Leasing and Assessment) Act 2018 .

62 Threshold increase applications

(1) An amendment made by the amending Act extends to a threshold increase application and any related transfer application made on or after the date of introduction into Parliament of the Bill for the amending Act and before the commencement of the amendment (not being an application determined before the commencement of the amendment).

(2) For the purposes of this Part, a
"related transfer application" is an application for the Authority's approval of the transfer of a gaming machine entitlement that is made together with a threshold increase application.

63 Transitional arrangements for local statistical areas

An amendment made by the amending Act to change a reference in this Act or the regulations from a reference to local government area to a reference to local statistical area does not apply to or in respect of an application for the Authority's approval of the transfer of a gaming machine entitlement made before the commencement of the amendment (unless the application is made together with a threshold increase application and so is a related transfer application).