Australian Capital Territory Numbered Acts

GAMING MACHINE ACT 2004 (NO. 34 OF 2004) - SECT 24

    (1)     This section applies if a licensee has applied under section 22 for—

        (a)     an amendment of the licence mentioned in section 22 (1) (a) to increase the number of gaming machines allowed under the licence; or

        (b)     an amendment of the licence mentioned in section 22 (1) (b) to move the gaming machines to different premises.

    (2)     However, this section does not apply to an amendment mentioned in subsection (1) (b) if the commission is satisfied that—

        (a)     the gaming machines need to be moved from the licensed premises for a good reason; and

        (b)     if the amendment is approved—

              (i)     the gaming machines are to be moved to different premises temporarily; and

              (ii)     the gaming machines will not be operated in the different premises.

    (3)     The commission must amend the licence in accordance with the application if—

        (a)     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 amendment; and

        (b)     for an application for an amendment mentioned in section 22 (1) (a) to increase the number of gaming machines allowed to be operated under the licence—

              (i)     the commission is satisfied that the size and layout of each gaming area are suitable for the installation of the number of extra gaming machines applied for; and

              (ii)     the authorisation of the number of extra gaming machines would not exceed the maximum number of gaming machines allowed on all licensed premises in the ACT; and

              (iii)     if the licensee is a club—the commission is satisfied that the number of club members worked out under the regulations is sufficient to justify the number of extra gaming machines; and

              (iv)     if the licensee is a club—the extent to which the club has contributed to, or is likely to contribute to, the community, and supported and benefited the community; and

        (c)     for an application for an amendment mentioned in section 22 (1) (b)—the commission is satisfied that the size and layout of the different premises are suitable for the operation of the gaming machines allowed under the licence; and

        (d)     the commission is satisfied that, taking into consideration the social impact assessment for the application and any submission made on the assessment within the 6-week comment period under section 19, the approval of the amendment is appropriate; and

        (e)     the licensee does not owe an amount to the Territory under a tax law or a gaming law.

    (4)     On an application for an amendment mentioned in subsection (1) (a), if the commission must amend the licence under subsection (3), the commission may amend the licence to allow the licensee to operate more gaming machines than the licensee was previously allowed to operate (the new number of gaming machines), but less than the number applied for, if—

        (a)     the commission—

              (i)     is not satisfied that, taking into consideration the social impact assessment for the application and any submission made on the assessment within the 6-week comment period under section 19, the approval of the amendment is appropriate; but

              (ii)     is satisfied that amendment of the licence to allow the new number of gaming machines to be operated at the premises is appropriate; or

        (b)     amending the licence to allow the licensee to operate the number of extra gaming machines applied for would contravene section 35 (Maximum number of gaming machines allowed) but allowing the new number would not.