Australian Capital Territory Numbered Acts

GAMING MACHINE ACT 2004 (NO. 34 OF 2004) - SECT 12

    (1)     This section applies to an initial licence application under section 11.

    (2)     The commission must issue a licence to the applicant if—

        (a)     the applicant is an eligible person;

Note     Eligibility for individuals—see s 20. Eligibility for corporations—see s 21.

        (b)     for an application by a club—a majority of the voting members of the club who voted in a ballot conducted under the regulations voted for the club having gaming machines; and

        (c)     the commission is satisfied about each additional mandatory requirement under section 13 in relation to the application; and

        (d)     authorising the use of the number of gaming machines to be authorised by the licence would not contravene section 35 (Maximum number of gaming machines allowed).

    (3)     However, the commission may refuse to issue a licence to a club if a ground for refusing the licence exists under section 14.

    (4)     A licence may be conditional.

Example

a condition that a gaming area be separated from other parts of the premises

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (5)     In deciding the number and kind of gaming machines to be allowed under a licence, the commission must consider the following:

        (a)     the size and layout of the premises the application relates to;

        (b)     the size and layout of the proposed gaming area;

        (c)     for an application by a club—

              (i)     the number of club members worked out under the regulations; and

              (ii)     the ratio of club members to the number and kinds of gaming machines held by the licensee; and

              (iii)     the extent to which the club has contributed to, or is likely to contribute to, the community, supported and benefited the community;

        (d)     the social impact assessment for the application for the licence and any submission made on the assessment within the 6-week comment period under section 19;

        (e)     what the commission may allow under section 16.

    (6)     The commission may consider any other relevant matter.