Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) A licensee may apply to have increased the number of gaming machines authorised for use under the licence.
(2) An application under subsection (1):
(a) shall be made in the form determined by the Director and signed or executed in the same way as is specified in section 24(3)(b);
(b) shall specify the increased number of gaming machines sought and the total number of gaming machines that would then be on the licensee's licensed premises should the application be granted;
(c) where appropriate, shall be accompanied by an application under section 43;
(ca) if the applicant is a club – must contain details of the extent to which the club's profits that have been allocated or distributed:
(i) toward development of the club's neighbourhood; and
(ii) as donations to or funding for community, recreation or service organisations operating in the club's neighbourhood,
and details of the extent to which the allocation or distribution would be increased or otherwise varied if the Commission were to grant the application;
(cb) if section 41A applies – must be accompanied by a community impact analysis;
(d) shall contain or be accompanied by such other information, records, reports, documents and writings relating to the application or the licensee as are determined by the Director;
(e) shall be forwarded to or lodged with the Director; and
(f) shall be accompanied by the prescribed fee.
(3) The Commission shall determine whether to grant or refuse to grant the application and, if granted, the increased number of gaming machines authorised for use under the licence.
(4) In determining an application under section (1) the Commission shall have regard to:
(a) the increased number of gaming machines applied for in the application;
(b) if section 41A applies – the community impact analysis;
(ba) if section 41B applies – any submissions received under the section;
(c) the gross monthly profit of existing gaming machines operated on the premises;
(d) the hours and days when the premises are open for the sale of liquor;
(e) the size, layout and facilities of the premises together with any proposed modification or relocation of the gaming machine areas of the premises; and
(f) such other matters as the Commission considers are relevant.
(5) Where the Commission increases the number of gaming machines provided to a licensee, the increase shall not be greater than the number applied for and the total number of gaming machines that would then be on the licensed premises shall not be greater than the maximum number prescribed for the category of licensed premises to which the licensed premises the subject of the application belongs.
(6) The Commission or Director may require the licensee to submit such additional information or material as the Commission or Director considers is necessary in order to make a determination under this section.
(7) Where the Commission, on consideration of an application under this section, considers that it should not be granted or proposes to increase the number of gaming machines authorised for use under the licence by a number that is less than that requested in the application:
(a) the Commission shall defer making a decision in respect of the application or determining the increase in the number of gaming machines; and
(b) the Director shall give written notice to the applicant and invite the applicant to submit, within such time as is specified in the notice, such additional information or material in support of the application as the applicant thinks fit.
(8) Any additional information or material submitted under subsection (6) or (7) shall be considered in making the determination.
(9) If an application under subsection (1) is refused, the Director shall as soon as practicable give the applicant written notice of, and the reasons for, the decision.