New South Wales Consolidated Regulations

GAMING MACHINES REGULATION 2002 - REG 40

40 LIA not required with threshold increase applications relating to Liquor Act poker machine permits

(1) A threshold increase application is not required to be accompanied by a LIA if the application is made together with an application under and in accordance with the arrangements referred to in clause 5 of Schedule 1 to the Act for the acquisition by the relevant venue of Liquor Act poker machine permits and either or both of the following apply:

(a) the relevant venue and the hotel from which the permits are proposed to be transferred are situated in the same local government area,

(b) the relevant venue is situated in a Band 1 LGA and the threshold increase application, if approved, would not result in the gaming machine threshold for the venue 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 venue.

(2) A threshold increase application is not required to be accompanied by a LIA if:

(a) the Authority is satisfied that the proposed increase relates only to the use of Liquor Act poker machine permits that are, at the time of the application, held by the relevant venue in a dormant capacity, and

(b) the relevant venue is situated in a Band 1 LGA, and

(c) the threshold increase application, if approved, would not result in the gaming machine threshold for the venue 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 venue.

(3) A threshold increase application is not required to be accompanied by a LIA if:

(a) the gaming machine threshold for the relevant venue has been decreased as a result of the transfer of poker machine entitlements from the venue, and

(b) the Authority is satisfied that the proposed increase in the venue’s gaming machine threshold relates only to the use of Liquor Act poker machine permits that are, at the time of the application, held by the relevant venue in a dormant capacity, and

(c) the threshold increase application, if approved, would not result in the gaming machine threshold for the venue being increased by more than the number by which the threshold was decreased as a result of the transfer of poker machine entitlements from the venue.

(4) For the purposes of subclauses (2) and (3), a Liquor Act poker machine permit is held in a dormant capacity if an approved gaming machine is not authorised to be kept under the Act in relation to the permit.