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GAMING CONTROL ACT 1993 - SECT 42 Determination of application

GAMING CONTROL ACT 1993 - SECT 42

Determination of application

(1)  The Commission is to determine an application for a venue licence by –
(a) granting the application and determining the number (if any) of gaming machine authorities to be endorsed on the licence; or
(b) refusing the application.
(2)  Subject to subsection (3) , in making a determination under subsection (1)(a) , the Commission must ensure that the endorsement of gaming machine authorities on the licence –
(a) will not result in –
(i) the number of gaming machine authorities endorsed on that licence exceeding the maximum number permitted on that licence under section 101C ; or
(ii) the maximum number of gaming machine authorities permitted on venue licences in the State under section 101B(a) being exceeded; and
(b) is in accordance with any direction given by the Minister under section 127 .
(3)  Despite subsection (2) , if an application for a venue licence for licensed premises is made within 6 months of a venue licence (the former licence ) for that premises being surrendered, expired or cancelled, the number of gaming machine authorities to be endorsed on the licence is to be –
(a) the same as the number of gaming machine authorities endorsed on the former licence; or
(b) if a lesser number of gaming machine authorities is specified in the application for the venue licence, that lesser number.
(4)  If an application is granted, the Commission may grant a venue licence to take effect immediately or on and from a day to be determined by the Commission.
(5)  If a venue licence takes effect on a day to be determined by the Commission, the day on which the licence takes effect may be determined by reference to –
(a) a date; or
(b) the occurrence of an event; or
(c) the fulfilment of a condition; or
(d) any other matter that the Commission considers appropriate.
(6)  A venue licence may be granted subject to such conditions as the Commission thinks fit.
(7)  Without limiting the matters to which conditions may relate, the conditions of a venue licence may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act.
(8)  On the grant of an application for a venue licence, the Commission must issue to the applicant a venue licence that –
(a) specifies whether the acceptance of wagers and the making of payments for games of keno is permitted; and
(b) specifies the gaming area and restricted gaming area approved for the licensed premises; and
(c) is endorsed with the number of gaming machine authorities (if any) determined by the Commission under subsection (1)(a) .
(9)  If the Commission decides to refuse an application under this section, the Commission must give the applicant reasons for the refusal in writing.
(10)  If, during a licensing period, an application for a venue licence is granted under this section, that venue licence –
(a) is granted for a period –
(i) commencing on the day on which the venue licence takes effect under this section; and
(ii) expiring at the end of that licensing period; and
(b) is in force for such period unless sooner cancelled or surrendered under this Act; and
(c) is granted subject to the conditions, and for the licensed premises, specified in the licence.
(11)  For the purposes of subsection (10)  –
licensing period , in respect of a venue licence, means –
(a) the period of 20 years commencing on 1 July 2023; and
(b) each subsequent 20 year period commencing on the expiry of the immediately preceding licensing period.