New South Wales Consolidated Regulations

GAMING MACHINES REGULATION 2002 - REG 8B

8B Special allocation of poker machine entitlements under section 15AA of Act

(1) In this clause:
"relevant freeze date" means:

(a) in relation to a hotel-19 April 2001, or

(b) in relation to the premises of a registered club-28 March 2000.

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

(2) If a venue was, as at the relevant freeze date:

(a) closed for renovations, or

(b) in the process of moving to other premises,

but has since re-opened before the commencement of this clause, the Authority may, under section 15AA of the Act, allocate one poker machine entitlement for each approved poker machine that was authorised to be kept by or in the venue immediately before the relevant freeze date (whether or not the poker machines concerned were actually installed in the venue as at the relevant freeze date).

(3) The Authority may not allocate poker machine entitlements under section 15AA of the Act to a venue referred to in subclause (2) unless the Authority is satisfied that:

(a) there has been continuity of the business in relation to the venue, and

(b) any excessive delay on the part of the hotelier or registered club in re-opening the premises is justified in the circumstances.

(4) In the case of any other venue to which section 15AA of the Act applies, the Authority may allocate poker machine entitlements under that section in such circumstances as the Authority thinks appropriate and having regard to the administrative arrangements in place under section 15 (2) of the Act before 14 February 2003.

(5) In determining the allocation of poker machine entitlements under section 15AA of the Act, the following matters are to be disregarded:

(a) the fact that the venue concerned has, since the relevant freeze date, kept and operated approved poker machines in the venue,

(b) any issues raised by the venue with respect to the financial hardship that will be suffered if the venue is not allocated the poker machine entitlements.

(6) A venue that is eligible to be allocated poker machine entitlements under section 15AA of the Act may be allocated the entitlements only if it applies to the Authority for an allocation under that section within 3 months of the commencement of this clause. If the venue fails to apply for the allocation within the 3-month period, the venue forfeits any future claim to be allocated poker machine entitlements under section 15 or 15AA of the Act.

(7) If, in the case of a venue that is to be allocated poker machine entitlements under section 15AA of the Act, the Authority has approved the keeping of hardship gaming machines in the venue, the Authority may, in allocating the entitlements, convert the whole or part of the approval for keeping the hardship gaming machines into the corresponding number of poker machine entitlements and revoke the approval (or part of the approval) accordingly.

(8) Despite any other provision of this clause, poker machine entitlements may be allocated under section 15AA of the Act to a venue only if:

(a) the venue was, following the relevant freeze date, notified by the Authority of the Authority’s assessment of the venue’s allocation entitlement, and

(b) the venue advised the Authority before 14 February 2003 that it disagreed with the assessment, and

(c) the disputed assessment had not been determined by the Authority as at 14 February 2003.

(9) The Authority is not required to allocate a poker machine entitlement under section 15AA of the Act for an approved poker machine unless the Authority is satisfied that the venue concerned:

(a) was lawfully in a position to keep the poker machine when the authorisation to keep the poker machine was granted, or

(b) would have been lawfully in a position to keep the poker machine by the date nominated in the application for the authorisation.

(10) Nothing in this clause entitles any venue to be allocated a poker machine entitlement for an approved poker machine if:

(a) a poker machine entitlement has already been allocated for that poker machine under Part 3 of the Act, or

(b) it is a poker machine for which a Liquor Act poker machine permit is held.