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GAMING MACHINE (REFORM) AMENDMENT ACT 2015 (NO. 21 OF 2015) - SECT 55

New divisions 6.10 and 6.11

insert

Division 6.10     Trading of authorisations and gaming machines

Subdivision 6.10.1     Preliminary

127A     Objects—div 6.10

The objects of this division are to facilitate—

        (a)     the trading of class C authorisations, with or without the related gaming machines, between class C licensees; and

        (b)     the reduction of the number of class B authorisations in the Territory by—

              (i)     allowing the trading of class B authorisations, without the related gaming machines, to class C licensees; and

              (ii)     the conversion of traded class B authorisations to class C authorisations.

Note 1     The acquisition of an authorisation or gaming machine under this division is a notifiable action (see s 99).

Note 2     If a class C licensee acquires a class B authorisation, on receiving notification of the trade, the commission will amend the class C licensee's authorisation schedule to record the authorisation as a class C authorisation.

127B     Definitions—div 6.10

In this division:

"class B licensee" means a licensee who is licensed to operate class B gaming machines in the ACT.

"class C licensee" means a licensee who is licensed to operate class C gaming machines in the ACT.

Subdivision 6.10.2     Trading class B authorisations

127C     Selling class B authorisations

    (1)     A class B licensee (the disposing licensee ) may dispose of 1 or more authorisations for class B gaming machines (a class B authorisation ) to—

        (a)     a class C licensee; or

        (b)     a class B licensee, or an applicant for a class B licence, who is purchasing the disposing licensee's business.

    (2)     The disposing licensee must notify the commission about the disposal of a class B authorisation to a class C licensee.

Note 1     The disposal of a class B authorisation is a notifiable action (see pt 13A and sch 2).

Note 2     A notifiable action takes place—

        (a)     the prescribed number of days after the day the commission receives the notification (see s 173E (a)); or

        (b)     if the commission allows the notifiable action to take place on an earlier day—that day (see s 173E (b)); or

        (c)     if the commission asks for additional information under s 173E (c)—when the commission has notified the licensee that it is satisfied in relation to the additional information (see s 173E (c)).

    (3)     The disposing licensee commits an offence if—

        (a)     the disposing licensee sells a business to another person (the purchaser ); and

        (b)     the purchaser is not—

              (i)     a class B licensee; or

              (ii)     an applicant for a class B licence and authorisation certificate under section 28 (Licence and authorisation certificate for class B gaming machines—restricted application).

Maximum penalty: 100 penalty units.

    (4)     An offence against subsection (3) is a strict liability offence.

    (5)     Subsection (3) does not apply if the class B licensee took all reasonable steps to ascertain whether the purchaser was a person mentioned in subsection (3) (b).

Note 1     The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code

, s 58).

Note 2     A licensee who intends to acquire an authorisation from a class B licensee under this subdivision must tell the commission about the acquisition (see s 99).

    (6)     In this section:

"disposing licensee's business" means a business operated by the disposing licensee at authorised premises under a general or on licence.

    (7)     This section is subject to section 127F (Trading authorisations—forfeiture requirements).

    (8)     Subsection (7) and this subsection expire on the commencement of the Gaming Machine (Reform) Amendment Act 2015 , schedule 1 (Other amendments—compulsory surrender).

127D     Offence—selling class B gaming machines

    (1)     A class B licensee commits an offence if—

        (a)     the class B licensee sells a class B gaming machine to another person; and

        (b)     the sale of the class B gaming machine is not—

              (i)     part of the sale of a business operated by the class B licensee at authorised premises under a general or on licence; or

              (ii)     approved by the commission under section 113 (Approval of disposal of gaming machines); or

              (iii)     part of a method of disposal approved by the commission under section 113A (Disposal of gaming machines—notifiable action).

Maximum penalty: 100 penalty units.

    (2)     An offence against this section is a strict liability offence.

Subdivision 6.10.3     Trading class C authorisations and gaming machines

127E     Trading class C authorisations and gaming machines

    (1)     This section applies if a class C licensee (an acquiring licensee )—

        (a)     is allowed to operate class C gaming machines at authorised premises under an authorisation certificate; and

        (b)     has less than the maximum number of authorisations for class C gaming machines allowed under the authorisation certificate.

Note     Maximum number , of authorisations—see the dictionary.

    (2)     The acquiring licensee may acquire authorisations for the authorised premises (with or without the related gaming machines) from 1 or more class B or class C licensees (a disposing licensee ).

Note 1     A class C licensee who intends to acquire an authorisation under this subdivision must tell the commission about the acquisition (see s 99). The acquisition is a notifiable action (see s 99, s 173D and sch 2).

Note 2     If the class C licensee notifies the commission about the acquisition of a gaming machine for authorised premises, the class C licensee's authorisation schedule for the authorised premises will be amended to record the gaming machine's serial number (see s 100 (2)).

    (3)     The disposing licensee may dispose of 1 or more authorisations to the acquiring licensee.

    (4)     This section is subject to section 127F.

    (5)     Subsection (4) and this subsection expire on the commencement of the Gaming Machine (Reform) Amendment Act 2015 , schedule 1 (Other amendments—compulsory surrender).

127F     Trading authorisations——forfeiture requirement

    (1)     This section applies to the acquisition, by a licensee (the acquiring licensee ), of an authorisation from another licensee (the disposing licensee ), with or without the related gaming machine.

    (2)     The acquiring licensee—

        (a)     must acquire the authorisations in groups of 4 authorisations; and

        (b)     may acquire the 4 authorisations from more than 1 class B or class C licensee.

Example—par (b)

Lili (an acquiring licensee) wants to acquire authorisations. Lili must acquire the authorisations in groups of 4. Brigitta (a class C licensee) has 2 class C authorisations to sell. Antoni (also a class C licensee) also has 2 class C authorisations to sell. Lili may acquire the 4 authorisations from Brigitta and Antoni. Under s (4), Lili must forfeit 1 of the acquired authorisations to the Territory.

Note 1     A failure to comply with s (2) (a) is a ground for disciplinary action (see s 57 (1) (c)).

Note 2     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).

    (3)     However, the acquiring licensee may acquire less than 4 authorisations if the acquiring licensee acquires the authorisations from a disposing licensee who—

        (a)     intends to surrender an authorisation certificate under section 37F (Surrender of licences, authorisation certificates and authorisations); and

        (b)     has less than 4 authorisations to dispose of under the authorisation certificate.

    (4)     The acquiring licensee must forfeit 1 authorisation to the Territory for every 4 authorisations the licensee acquires under this section.

    (5)     The acquiring licensee is not entitled to claim compensation from the Territory for an authorisation forfeited to the Territory under subsection (4).

    (6)     This section expires on the commencement of the Gaming Machine (Reform) Amendment Act 2015 , schedule 1 (Other amendments—compulsory surrender).

127G     Offence—acquiring authorisations and gaming machines

    (1)     A licensee commits an offence if—

        (a)     the licensee acquires an authorisation or gaming machine for authorised premises; and

        (b)     the acquisition is not in accordance with this Act.

Maximum penalty: 100 penalty units.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).

    (2)     An offence against this section is a strict liability offence.

127H     Selling class C gaming machines

    (1)     A class C licensee commits an offence if—

        (a)     the class C licensee sells a class C gaming machine to another person (the purchaser ); and

        (b)     the sale of the class C gaming machine is not—

              (i)     to another class C licensee; or

              (ii)     approved by the commission under section 113 (Approval of disposal of gaming machines); or

              (iii)     part of a method of disposal approved by the commission under section 113A (Disposal of gaming machines—notifiable action).

Maximum penalty: 100 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     Subsection (1) does not apply if the class C licensee took all reasonable steps to ascertain whether the purchaser was a class C licensee.

127I     Selling class C authorisations

    (1)     A class C licensee commits an offence if—

        (a)     the class C licensee sells an authorisation for a class C gaming machine to another person (the purchaser ); and

        (b)     the purchaser is not a class C licensee.

Maximum penalty: 100 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     Subsection (1) does not apply if the class C licensee took all reasonable steps to ascertain that the purchaser was a class C licensee.

Subdivision 6.10.4     Trading authorisations and gaming machines—miscellaneous

127J     Trading authorisations—disposal of gaming machines

    (1)     This section applies if a licensee (a disposing licensee )—

        (a)     disposes of an authorisation under this division; but

        (b)     does not dispose of the related gaming machine.

    (2)     The disposing licensee must—

        (a)     apply for a storage permit for an interim purpose under section 127O (Storage permit—application) for the gaming machine; and

        (b)     dispose of the gaming machine in accordance with section 113A (Disposal of gaming machines—notifiable action).

127K     Trading authorisations and gaming machines—regulations

    (1)     A regulation may prescribe—

        (a)     conditions relating to the trading of authorisations and gaming machines under this division, including restricting or suspending the trading of authorisations or gaming machines

              (i)     in a stated location; or

              (ii)     for a stated period, or until a stated event occurs; and

        (b)     any other requirements in relation to the trading of authorisations (with or without gaming machines) under this division, including in relation to arrangements for acquiring or disposing of gaming machines.

    (2)     The commission may make recommendations to the Minister for appropriate regulations under subsection (1), including in relation to the following:

        (a)     whether the increase of trading in authorisations (with or without gaming machines) in a particular location will have an adverse effect on problem gamblers;

        (b)     whether it is in the public interest to restrict or suspend the trading of authorisations (with or without gaming machines) under this division, either generally or in relation to a stated location.

    (3)     If the commission makes recommendations to the Minister under subsection (2), the Minister must consider the recommendations.

Division 6.11     Storage of authorisations and gaming machines

Subdivision 6.11.1     Interpretation

127L     Meaning of storage permit —Act

In this Act:

"storage permit" means a permit that authorises a licensee to store 1 or more gaming machines, with or without the authorisations for the gaming machines

        (a)     for the purpose stated in the permit; and

        (b)     at the place stated in the permit; and

        (c)     for the period stated in the permit.

127M     Definitions—div 6.11

In this division:

"general purpose", for a storage permit—see section 127N (a).

"inspection notice"—see section 127ZE (1).

"interim purpose", for a storage permit—see section 127N (b).

"permit" means a quarantine permit or a storage permit.

"quarantined authorisation" means an authorisation stored under a quarantine permit.

"quarantined gaming machine" means a gaming machine stored under a quarantine permit.

"quarantine period", for a gaming machine and authorisation to which a quarantine permit applies, means the period for which the gaming machine and authorisation are to be stored under the permit.

"quarantine permit"—see section 127Q.

"storage period", for a gaming machine or authorisation to which a storage permit applies, means the period for which the gaming machine or authorisation is to be stored under the permit.

"storage rules" means the rules determined by the commission under section 127ZF.

"stored authorisation" means an authorisation stored under a storage permit.

"stored gaming machine" means a gaming machine stored under a storage permit.

Subdivision 6.11.2     Storage permits—application and decision

127N     Storage permits—purpose

The commission may issue a licensee with a storage permit for 1 of the following purposes:

        (a)     to store 1 or more gaming machines, and the authorisations for the gaming machines, for a stated period of not longer than 12 months (a general purpose );

        (b)     to store 1 or more gaming machines to be disposed of or destroyed for a period of not longer than 3 months (an interim purpose ).

Note     The commission can, on application, extend the term of a storage permit for a general purpose (see s 127W).

127O     Storage permit—application

    (1)     A licensee may apply to the commission for a storage permit to store 1 or more gaming machines and the authorisations for the gaming machines (if any).

    (2)     The application must—

        (a)     be in writing; and

        (b)     state the purpose and the period for which the storage permit is required; and

        (c)     if the application is by a class B licensee for a storage permit for a general purpose—state why the storage permit is needed; and

Note     A class B licensee will not be issued with a storage permit for a general purpose unless the commission is satisfied that the storage permit is needed for a good reason (see s 127P (2) (c)).

        (d)     state the class of gaming machine to be stored under the storage permit; and

        (e)     state the place where each gaming machine to be stored is located; and

        (f)     state the type of premises where each gaming machine is to be stored; and

        (g)     state whether the premises will be used to store gaming machines for 2 or more licensees; and

        (h)     state the serial number for each gaming machine to be stored under the storage permit;

              (i)     state the authorisation number for each authorisation to be stored under the storage permit.

Note 1     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

Note 2     If a form is approved under the Control Act

, s 53D for an application, the form must be used.

Note 3     A fee may be determined under s 177 for an application.

127P     Storage permit—decision on application

    (1)     This section applies if the commission receives an application for a storage permit under section 127O.

    (2)     The commission must issue the storage permit to the licensee if satisfied—

        (a)     that the gaming machine and authorisation (if any) to be stored under the permit are from the same authorised premises; and

        (b)     that the type of premises where the gaming machines are to be stored are suitable for the storage of gaming machines; and

        (c)     if the application is by a class B licensee for a storage permit for a general purpose—that the storage permit is needed for a good reason; and

Examples

1     renovations are being carried out at the authorised premises where the gaming machines to be stored under the permit are located

2     the authorised premises where the gaming machines to be stored under the permit are located have been damaged

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).

        (d)     if 2 or more licensees are to store gaming machines at the premises—

              (i)     that the premises where the gaming machines are to be stored are suitable for the storage of gaming machines by that number of licensees; and

              (ii)     that each licensee has applied for a storage permit under section 127O.

Note 1     The commission must include in the register the serial number of, and authorisation number for, a gaming machine stored under a storage permit for a general purpose (see s 37H (2) (d)).

Note 2     The commission may refuse to consider an application that is not properly completed. If the commission refuses to consider the application, it lapses (see s 9 (2)).

Note 3     If additional information in relation to an application is not given to the commission within the time required by the commission, the commission may refuse to consider the application. If the commission refuses to consider the application, it lapses (see s 9 (4)).

Subdivision 6.11.3     Quarantine permits

127Q     Quarantine permits—notification and issue

    (1)     This section applies if a licensee wants to—

        (a)     remove 1 or more gaming machines, and the authorisations for the gaming machines, from the authorised premises where the gaming machines are operated; and

        (b)     store the gaming machines and authorisations for a period to be agreed with the commission.

    (2)     The licensee must notify the commission that the licensee needs a permit (a quarantine permit ) for storing the gaming machines and authorisations.

Note 1     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

Note 2     If a form is approved under the Control Act

, s 53D for this provision, the form must be used.

Note 3     A fee may be determined under s 177 for this provision.

    (3)     On receiving a notification under subsection (2), the commission must issue a quarantine permit to the licensee for the period agreed between the commission and the licensee.

Note     The commission must include in the register the serial number of, and authorisation number for, a gaming machine stored under a quarantine permit (see s 37H (2) (d)).

    (4)     The period of the quarantine permit that is agreed between the commission and the licensee must be at least 1 year and not more than 3 years.

127R     Quarantine permits—extension

    (1)     A licensee who wants to extend the period of a quarantine permit issued to the licensee under section 127Q must notify the commission, stating the period of the extension sought (the extended period ).

    (2)     On receiving a notification under subsection (1), the commission must issue a new quarantine permit to the licensee for the extended period.

    (3)     However, the commission must not issue a new quarantine permit under subsection (2) if, when the notification is made, the quarantine permit has been in force for 3 years.

Subdivision 6.11.4     Permits—form

127S     Permit—form

    (1)     A permit must be—

        (a)     in writing; and

        (b)     include the following information:

              (i)     the name of the licensee;

              (ii)     the kind of permit;

Examples

              •     quarantine permit

              •     storage permit for an interim purpose

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).

              (iii)     the day the permit comes into force and the day it expires;

              (iv)     the authorised premises where each gaming machine and authorisation (if any) to be stored under the permit was operated;

              (v)     the number of gaming machines and authorisations (if any) to be stored under the permit;

              (vi)     the conditions on the permit;

              (vii)     a statement that a breach of a condition of the permit may be a ground for disciplinary action;

              (viii)     a statement that it is an offence under section 104 (Operating unauthorised or stored gaming machines) to operate a stored or quarantined gaming machine during the period of the permit;

              (ix)     a schedule containing the information mentioned in subsection (2);

              (x)     anything else prescribed by regulation.

    (2)     For subsection (1) (b) (ix), the schedule must state the serial number of, and authorisation number for, each gaming machine to be stored under the permit.

Subdivision 6.11.5     Permits—conditions

127T     Permit—conditions

    (1)     A permit is subject to the following conditions:

        (a)     the licensee must comply with this Act;

        (b)     the licensee must not exchange a stored or quarantined gaming machine with another gaming machine that the licensee may operate under an authorisation certificate;

Note     The licensee must apply for—

        (a)     an amendment of the permit to remove the details of the stored or quarantined gaming machine; and

        (b)     if a new gaming machine is to be stored in place of the stored or quarantined gaming machine—a new permit for the new gaming machine.

        (c)     the licensee must—

              (i)     take meter readings from each gaming machine to be stored or quarantined under the permit; and

              (ii)     immediately after taking the meter readings, render the gaming machine inoperable; and

              (iii)     give the commission details of the meter readings taken under subparagraph (i);

        (d)     the licensee may dispose of a stored or quarantined gaming machine if—

              (i)     the disposal is in accordance with division 6.10 (Trading of authorisations and gaming machines), an approval under section 113 (Approval of disposal of gaming machines) or section 113A (Disposal of gaming machines—notifiable action); and

              (ii)     the licensee gives the commission a notification under section 127X (Permit amendment—notification) to amend the permit;

        (e)     a stored or quarantined gaming machine must not be operated during the period of the permit;

        (f)     the licensee must not operate another gaming machine under the authorisation for a stored or quarantined gaming machine;

        (g)     the licensee may trade a stored or quarantined authorisation with another licensee if—

              (i)     the trade is in accordance with division 6.10 (Trading of authorisations and gaming machines); and

              (ii)     the licensee applies for an amendment of the permit under section 127ZB (Trading authorisations under permits—procedure);

        (h)     if the licensee receives an inspection notice, the licensee must allow an authorised officer to inspect the stored or quarantined gaming machines and the premises where the gaming machines are stored;

              (i)     for a storage permit issued for an interim purpose—the licensee must dispose of the gaming machine stored under the storage permit before the storage permit ends.

    (2)     A permit is subject to any other condition—

        (a)     determined by the commission under the storage rules; or

        (b)     imposed by the commission when the permit is issued, renewed or amended, if it is necessary to ensure the safeguarding of gaming machines generally; or

        (c)     prescribed by regulation.

Note 1     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).

Note 2     A permit may be amended under s 127Y or s 127Z.

127U     Permit—term

    (1)     A permit comes into force on the day stated in the permit.

    (2)     The commission must not issue—

        (a)     a storage permit for a general purpose for longer than 1 year; or

        (b)     a storage permit for an interim purpose for longer than 3 months.

Note 1     See s 127Q for the period for which a quarantine permit may be issued.

Note 2     The commission may extend the period of a quarantine permit (see s 127R).

Note 3     The commission may extend the period of a storage permit for a general purpose (see s 127W).

    (3)     A permit expires on the day stated in the permit.

127V     Storage permit—application for extension

    (1)     A licensee who holds a storage permit for a general purpose may apply to the commission to extend the term of the storage permit.

    (2)     The application must—

        (a)     be in writing signed by the licensee; and

        (b)     state why the licensee is seeking the extension.

Note 1     If a form is approved under the Control Act

, s 53D for an application, the form must be used.

Note 2     A fee may be determined under s 177 for an application.

    (3)     If a licensee applies to extend the term of a storage permit, the storage permit remains in force until the application is decided.

127W     Storage permit—extension decision

    (1)     This section applies if the commission receives an application under section 127V to extend the term of a storage permit for a general purpose.

    (2)     The commission may—

        (a)     extend the term of the storage permit; or

        (b)     refuse to extend the term of the storage permit.

    (3)     The commission must refuse to extend the term of the storage permit if, when the application is made, the storage permit has been in force for 3 years.

    (4)     If the commission refuses to extend the term of the permit, the commission must tell the applicant, in writing, the reasons for the decision.

Note     For what must be included in a statement of reasons, see the Legislation Act

, s 179.

    (5)     The commission may extend the term of the storage permit for a period not longer than 12 months.

Subdivision 6.11.6     Permits—amendment

127X     Permit amendment—notification

    (1)     This section applies if a licensee who holds a permit proposes to—

        (a)     dispose of a stored or quarantined gaming machine under division 6.10 (Trading of authorisations and gaming machines) or an approval under section 113 (Approval of disposal of gaming machines) (a proposed disposal ); or

        (b)     remove a stored gaming machine from storage under the permit (a proposed removal ) so that it may be operated at the authorised premises.

    (2)     The licensee must notify the commission about the proposed disposal or proposed removal.

Note 1     A proposed disposal or proposed removal is a notifiable action (see pt 13A and sch 2).

Note 2     The licensee is not required to provide a social impact assessment for the proposed removal.

Note 3     A failure to comply with s (2) is a ground for disciplinary action (see s 57 (1) (c)).

127Y     Permit amendment—decision

The commission may amend a permit if the commission receives notification about a proposed disposal or proposed removal under section 127X, and any further information requested under section 173D (Notifiable actions), within the time required under section 173D.

127Z     Permit amendment—commission's own initiative

The commission may amend a permit on its own initiative to correct a mistake, error or omission on the permit.

127ZA     Permit amendment—reissue of permit

If the commission amends a permit under this division, the commission must give the licensee a new permit.

Subdivision 6.11.7     Permits—trading authorisations under permits

127ZB     Trading authorisations under permits—procedure

    (1)     This section applies if a disposing licensee who holds a permit trades a stored or quarantined authorisation to an acquiring licensee under division 6.10 (Trading of authorisations and gaming machines).

    (2)     The disposing licensee must give the commission

        (a)     details of the acquiring licensee; and

        (b)     written notice to—

              (i)     amend the disposing licensee's permit to remove references to the stored or quarantined authorisation and the gaming machine allowed under the authorisation; and

              (ii)     if the gaming machine is not being sold to the acquiring licensee—give the disposing licensee a storage permit for an interim purpose for the gaming machine.

Note 1     The trading of a stored or quarantined authorisation is a notifiable action (see pt 13A and sch 2).

Note 2     If a form is approved under the Control Act

, s 53D for this provision, the form must be used.

Note 3     A fee may be determined under s 177 for this provision.

Note 4     A failure to comply with this section is a ground for disciplinary action (see s 57 (1) (c)).

127ZC     Trading authorisations under permits—decision on application by disposing licensee

    (1)     This section applies if the commission receives written notice from a disposing licensee under section 127ZB (2) for a storage permit for an interim purpose for a gaming machine to be disposed of under the trade mentioned in that section.

    (2)     The commission must issue the storage permit to the disposing licensee.

    (3)     The storage permit must be—

        (a)     in the form mentioned in section 127S (Permit—form); and

        (b)     subject to the conditions mentioned in section 127T (Permit—conditions); and

        (c)     for a period not longer than 3 months.

127ZD     Trading authorisations under permits—issue of permit to acquiring licensee

    (1)     This section applies if—

        (a)     the commission receives written notice from a disposing licensee under section 127ZB (2) (Trading authorisations under permits—procedure) in relation to the trade of an authorisation to an acquiring licensee; and

        (b)     the disposing licensee also trades the gaming machine allowed under the authorisation to the acquiring licensee.

    (2)     If the disposing licensee holds a quarantine permit in relation to the gaming machine and authorisation, the commission must issue a quarantine permit to the acquiring licensee.

    (3)     The term of the quarantine permit issued to the acquiring licensee must be equal to the time remaining on the quarantine permit under which the authorisation was previously stored.

Subdivision 6.11.8     Permits—miscellaneous

127ZE     Gaming machines and authorisations under permits—inspection

    (1)     The commission may, by written notice given to a licensee who holds a permit (an inspection notice ), require the licensee to allow an authorised officer to inspect the gaming machines and authorisations (if any) under the permit, and the premises where the gaming machines and authorisations are stored, within a stated reasonable time.

Note     A fee may be determined under s 177 for this provision.

    (2)     The inspection notice must include a statement that—

        (a)     a failure to comply with the notice may be a ground for disciplinary action; and

        (b)     the commission may exercise its powers under the Control Act

to undertake an inspection.

Note     The commission's powers of inspection under this section are in addition to the commission's powers of inspection under the Control Act

(see Control Act

, pt 4).

127ZF     Storage of gaming machines and authorisations—rules

    (1)     The commission may determine rules about the following in relation to the storage of gaming machines and authorisations under a permit:

        (a)     the class of gaming machine to which the rules apply;

        (b)     the type of premises where gaming machines must be stored;

        (c)     the circumstances in which premises may be used for storing gaming machines for 2 or more licensees;

        (d)     the minimum standard for security arrangements and safeguards for storing gaming machines under a permit;

        (e)     who may have access to a gaming machine stored under a permit;

        (f)     who is to be responsible for the storage of gaming machines under a permit;

        (g)     the records that must be kept for gaming machines and authorisations under a permit;

        (h)     the procedures for enabling the commission to inspect premises where gaming machines are stored.

    (2)     A determination is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.



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