Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if a licensee has applied under section 22 for an amendment of the licence of the following kind:
(a) an amendment mentioned in section 22 (1) (a) to reduce the number of gaming machines allowed under the licence;
(b) an amendment mentioned in section 22 (1) (b) to structurally change a gaming area on licensed premises;
(c) an amendment mentioned in section 22 (1) (c), (d), (e) or (f).
(2) The commission must amend the licence in accordance with the application.
(3) However—
(a) the commission must not amend the licence to structurally change a gaming area on the licensed premise unless satisfied that after the changes the gaming area will be suitable for the installation of gaming machines; and
(b) the commission must not amend the licence in accordance with an application under section 22 (1) (c), (d), (e) or (f) if the commission considers that the change to the gaming machine applied for is technically unsuitable.
(4) In deciding whether a change to a gaming machine is technically unsuitable, the commission must take into account each technical evaluation of the gaming machine.
Note Technical evaluation means a technical evaluation under s 69.
(5) In deciding whether a gaming area will be suitable for the installation of gaming machines, the commission must consider the safety and comfort of, and harm minimisation strategies for, patrons.