Australian Capital Territory Numbered Acts

GAMING MACHINE ACT 2004 (NO. 34 OF 2004) - SECT 164

    (1)     The commission may approve contributions made by a licensee to a stated entity for a stated purpose as community contributions if satisfied the contributions will have the effect of—

        (a)     contributing to or supporting the development of the community; or

        (b)     raising the standard of living of the community or part of the community.

Examples of areas of contributions

1     charitable and social welfare

2     sport and recreation

3     non-profit activities

4     community infrastructure

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).

    (2)     The regulations may make provision in relation to contributions, including—

        (a)     guidelines for approving contributions as community contributions; and

        (b)     how contributions may be claimed.

Example

A capital payment may be claimed proportionately over a number of years.

    (3)     In this section:

"community" includes a community outside the ACT.

"contribution", by a licensee—

        (a)     includes the value of a contribution made in kind by the licensee; but

        (b)     does not include the following:

              (i)     expenditure on commercial activities, or, if the licensee is a club, on the social or entertainment activities of the club for its members;

              (ii)     expenditure intended to promote the licensee's activities;

              (iii)     expenditure in relation to gambling (for example, the purchase of gaming machines);

              (iv)     capital payments for assets owned, controlled or being acquired by the licensee or an associated entity that are not available to be used by the public;

              (v)     capital payments or other expenditure on assets owned, controlled or being acquired by the licensee, if the assets are not in the ACT;

              (vi)     notional provisions (for example, long service and annual leave), other than depreciation;

              (vii)     depreciation in relation to a capital payment mentioned in paragraph (iv) or (v);

              (viii)     depreciation in relation to a capital payment that is an approved contribution;

              (ix)     a capital payment if depreciation in relation to the payment is an approved contribution;

              (x)     a contribution made out of donations collected by the licensee, or out of the proceeds of any special fundraising activity conducted by the licensee;

              (xi)     a contribution to a business association, registered party, associated entity or trade union;

              (xii)     if a contribution is made on a condition—the value to the licensee of that condition being fulfilled;

              (xiii)     if an asset is otherwise a contribution—the value of any income earned from the asset (for example, entry or hiring fees);

              (xiv)     a contribution made to another licensee under a reciprocal arrangement or agreement;

              (xv)     the cost of borrowing funds to acquire an asset.