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.