{"id":"gaming-machine-act-1995","name":"Gaming Machine Act 1995","slug":"gaming-machine-act-1995","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30140,"registerId":"nt-gaming-machine-act-1995-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Gaming Machine Act 1995.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n","sortOrder":1},{"sectionNumber":"2A","sectionType":"section","heading":"Objects","content":"2A Objects\nThe objects of this Act are:\n(a) to promote probity and integrity in gaming;\n(b) to maintain the probity and integrity of persons engaged in\ngaming in the Territory;\n(c) to promote fairness, integrity and efficiency in the operations\nof persons engaged in gaming in the Territory;\n(d) to reduce any adverse social impact of gaming; and\n(e) to promote a balanced contribution by the gaming industry to\ngeneral community benefit and amenity.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\nIn this Act:\naffected person, see section 166A.\narrangement includes a scheme, understanding, promise or\nundertaking, whether express or implied.\n\nGaming Machine Act 1995 2\napproved evaluator means a person who is approved as an\nevaluator under section 131(10).\napproved finance provider means:\n(a) a financial institution that is approved as a finance provider\nunder section 129(1); or\n(b) a person or body prescribed as a finance provider for the\nassociate has the meaning given by section 5.\nbasic monitoring service means a monitoring service that is\nbetting unit means the least valuable bet a player may make on a\ncentralised credit system means an electronic or computer\nsystem or device that is so designed that it may be used for, or\nadapted to enable, the transfer of credits of gaming tokens to or\nfrom a gaming machine.\nclub means a body corporate that holds a liquor licence with a club\nauthority.\nCommunity Benefit Fund means the Community Benefit Fund\nmaintained under section 68A of the Gaming Control Act 1993.\ncomputer cabinet means the sealable metal cabinet in a gaming\nmachine which contains the game program storage medium and\nthe random access memory.\nconduct of gaming has the meaning given by section 4.\nconviction includes a finding of guilt, or the acceptance of a plea\nof guilty, by a court.\ncurrent premises, for Part 3, Division 6, see section 42B(1).\ndelegate decision, see section 166A.\nDirector means the Director of Gaming Machines appointed under\nsection 9.\nelectronic monitoring system means an electronic or computer\nsystem or device that is designed so that it may be used, or\nadapted, to receive data from gaming equipment in relation to the\nsecurity, accounting or operation of gaming equipment.\n\nGaming Machine Act 1995 3\nemploy means to employ for fee or reward, to engage in an\nhonorary capacity or to engage without fee or reward.\nexecutive officer, in relation to a body corporate, means the\nchairperson, managing director or other principal executive officer\nof the body corporate and every member of any executive,\ngoverning or management body of the body corporate (by whatever\nname called) and, in relation to an incorporated association,\nincludes the public officer.\nfinancial institution means any of the following:\n(a) the Reserve Bank of Australia;\n(b) an ADI;\n(c) a foreign ADI within the meaning of the Banking Act 1959\n(Cth);\n(d) a person who carries on State banking within the meaning of\nsection 51(xiii) of the Commonwealth Constitution;\n(e) a body corporate that is or that, if it had been incorporated in\nAustralia, would be a financial corporation within the meaning\nof section 51(xx) of the Commonwealth Constitution;\n(g) a person or body prescribed as a financial institution for the\ngame means a game designed to be played on a gaming machine\nand identifiable from all other games by differences in rules or\nprogramming.\ngaming means the playing of a gaming machine.\ngaming equipment means a gaming machine, linked jackpot\nequipment, electronic monitoring system, centralised credit system\nor any part of or replacement part for such a machine, equipment\nor system.\ngaming machine means a device that is designed so that:\n(a) it may be used for the purpose of playing a game of chance or\na game of mixed chance and skill; and\n(b) it may be operated, wholly or in part:\n(i) by the insertion of a gaming token into the device;\n(ii) by the use of gaming machine credits;\n\nGaming Machine Act 1995 4\n(iii) by the electronic transfer of credits of gaming tokens to\nthe device; or\n(iv) by the use of gaming tokens held, stored or accredited\nby the device or elsewhere; and\n(c) because of making a bet on the device, winnings may become\npayable,\nbut does not include any device declared under section 171 not to\nbe a gaming machine.\ngaming machine area means a location on licensed premises\nwhere a licensee is permitted to install a gaming machine.\ngaming machine credit means a credit of a gaming token\nregistered by a gaming machine.\ngaming machine licence means a gaming machine licence issued\nunder section 28.\ngaming machine type means a type of gaming machine in which\ndifferent games may be installed.\ngaming token means Australian currency or a token, credit or\nother thing that enables a bet to be made on a gaming machine,\nbut does not include a gaming machine credit.\ngross monthly profit, in respect of licensed premises, means the\nmonetary amount of all bets made on gaming machines by persons\nwho played those machines on the premises during the period\ncovered by an assessment made under section 148 less the\nmonetary amount of all payments made to those persons in respect\nof their playing of those machines during that period.\ninspector means an inspector appointed under section 20 and\nincludes an authorised person appointed under section 21 and a\ngaming inspector appointed under the Gaming Control Act 1993.\njackpot means the combination of letters, numbers, symbols or\nrepresentations required to be displayed on the reels or video\nscreen of a gaming machine so that the maximum winnings in\naccordance with the prize payout scale displayed on the machine\nare payable.\nlicensed machine manager means the holder of a machine\nmanager's licence under Part 4.\nlicensed premises means premises on which a licensee is\nlicensed to conduct gaming.\n\nGaming Machine Act 1995 5\nlicensed monitoring provider means the holder of a monitoring\nprovider's licence under Part 4.\nlicensed repairer means the holder of a repairer's licence under\nPart 4.\nlicensed service contractor means the holder of a service\ncontractor's licence under Part 4.\nlicensee means the holder of a gaming machine licence.\nlinked jackpot arrangement means an arrangement under which\n2 or more gaming machines are linked to a device, being a device:\n(a) that records, an amount which, in the event of a jackpot or\nother result being obtained on one of those machines, may\nbe, or part of the amount may be, payable as winnings;\n(b) that, for the purpose of recording the amount referred to in\nparagraph (a), receives data from each gaming machine to\nwhich the device is linked; and\n(c) that is not capable of affecting the outcome of a game on a\ngaming machine to which the device is linked.\nlinked jackpot equipment means a jackpot meter, payout display,\nlinking equipment, computer equipment, programming or other\ndevice (other than a gaming machine) forming, or capable of\nforming, part of a linked jackpot arrangement.\nliquor, see section 4(1) of the Liquor Act 2019.\nLiquor Act application:\n(a) for Part 3, Division 3, see section 37C(2); and\n(b) for Part 3, Division 6, see section 42B(3).\nliquor licence means:\n(a) a licence issued under the Liquor Act 2019; or\n(b) an authority to sell liquor under a Commonwealth Act.\nlisted person means a person listed on:\n(a) the roll of recognised manufacturers and suppliers of gaming\nmachines maintained under section 116; or\n(b) the roll of recognised suppliers of restricted components\nmaintained under section 117.\n\nGaming Machine Act 1995 6\nlocality has the meaning in section 6A.\nmachine manager means:\n(a) a licensed machine manager employed under section 60(3);\nor\n(b) an applicant for a machine manager's licence employed under\nsection 60(4); or\n(c) a person employed under section 60(6).\nmachine manager's licence means a machine manager's licence\nunder Part 4.\nmoney clearance means the removal of gaming tokens from the\ndrop box of a gaming machine.\nmonitoring provider's licence means a monitoring provider's\nlicence under Part 4.\nmultiple site linked jackpot arrangement means a linked jackpot\narrangement linking gaming machines with other gaming machines\non 2 or more licensed premises.\nnew premises, for Part 3, Division 6, see section 42B(1).\nnon-proprietary club means a club whose rules, constitution or\nother incorporating documents provide that:\n(a) the income, profits and assets of the club are to be applied\nonly in the promotion of its objects; and\n(b) the payment of dividends to, or the distribution of income,\nprofits or assets of the club among, its members is prohibited.\nplace includes a house, wharf and premises.\nplay a gaming machine has the meaning given by section 6.\npremises includes messuages, buildings, lands, easements,\ntenements of any tenure, vehicles or vessels.\nprincipal executive officer, in relation to a body corporate, means\nthe chairperson, managing director and/or other principal executive,\ngoverning or management officer (by whatever name called) of the\nbody corporate and, in relation to an incorporated association,\nincludes the public officer.\nproposed transferee, for Part 3, Division 3, see section 37.\n\nGaming Machine Act 1995 7\npublic interest means public interest having regard to the creation\nand maintenance of public confidence and trust in the credibility or\nintegrity of:\n(a) gaming;\n(b) the conduct of gaming;\n(c) the manufacture, assembly, sale, supply, installation,\n(d) the administration of licensed premises.\nrecognised manufacturer or supplier of gaming machines\nmeans a person who is approved as a recognised manufacturer or\nsupplier of gaming machines under section 116.\nrecognised supplier of restricted components means a person\nwho is approved as a recognised supplier of restricted components\nunder section 117.\nrepairer's licence means a repairer's licence under Part 4.\nrestricted component means a component that is prescribed as a\nrestricted component when it does not form part of a gaming\nmachine, linked jackpot equipment, electronic monitoring system or\ncentralised credit system but does not include anything declared\nunder section 171 not to be a restricted component.\nreviewable decision, see section 166A.\nschedule of gaming machines means the schedule of gaming\nmachines issued under section 29 that, for the time being, is in\nexistence in respect of the licensed premises specified in the\nschedule.\nseal means a seal issued or approved by the Director under\nsection 136A.\nservice contract means an agreement to install, alter, adjust,\nmaintain or repair gaming equipment on a licensee's licensed\nservice contractor's licence means a service contractor's licence\nunder Part 4.\nsingle site linked jackpot arrangement means a linked jackpot\narrangement linking gaming machines with gaming machines on\nthe same licensed premises.\n\nGaming Machine Act 1995 8\nsubstitution application, for Part 3, Division 6, see section 42A.\ntransfer application, for Part 3, Division 3, see section 37C(1).\ntransferable licence, for Part 3, Division 3, see section 37.\nvehicle means a motor vehicle, omnibus, coach, cart, sulky,\nbicycle, velocipede, train, railway carriage, aeroplane, airship,\nballoon, hovercraft or any other means of conveyance or transit.\nvessel means a ship, boat, punt, ferry, hovercraft or any other kind\nof vessel used or apparently designed for use in navigation.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of conduct of gaming","content":"4 Meaning of conduct of gaming\nA reference in this Act to conduct of gaming is a reference to:\n(a) the management, use, supervision, operation and conduct of\ngaming equipment;\n(b) the sale, redemption or use of gaming tokens;\n(c) the carrying out of centralised credit transactions;\n(d) the installation, alteration, adjustment, maintenance or repair\nof gaming equipment;\n(e) the use or distribution of proceeds from the conduct of\ngaming; and\n(f) accounting, banking, storage and other acts in connection\nwith or related or incidental to gaming and the conduct of\ngaming.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of associate","content":"5 Meaning of associate\n(1) For the purposes of this Act, the following persons are associates\nof a person:\n(a) a spouse or de facto partner of the person;\n(b) a parent or remoter lineal ancestor, son, daughter or remoter\nissue, brother or sister of the person;\n(c) a partner of the person;\n(d) a body corporate of which the person is an executive officer;\n\nGaming Machine Act 1995 9\n(e) where the person is a body corporate, an executive officer of\nthe body corporate;\n(f) a person who, in the previous year, has provided to the first-\nmentioned person advice for fee or reward in relation to\ngaming, the conduct of gaming or the manufacture, assembly,\nsale, supply, installation, alteration, obtaining, possession,\noperation, use, adjustment, maintenance or repair of gaming\n(g) an employee or employer of the person;\n(h) an officer or employee of a body corporate of which the\nperson is an officer or employee;\n(j) an employee of a natural person of whom the person is an\nemployee;\n(k) a body corporate whose executive officers are accustomed or\nunder an obligation, whether formal or informal, to act in\naccordance with the directions, instructions or wishes of the\nperson, or where the person is a body corporate, of the\nexecutive officers of that body corporate;\n(m) a body corporate in accordance with the directions,\ninstructions or wishes of which, or of the executive officers of\nwhich, the person is accustomed or under an obligation,\nwhether formal or informal, to act;\n(n) a body corporate in which the person holds a controlling\ninterest;\n(p) where the person is a body corporate, a person who holds a\ncontrolling interest in the body corporate;\n(q) a person who is named in an affidavit forwarded or lodged by\nthe person under section 44 or 74;\n(r) a person who is, because of this subsection, an associate of\nany other person who is an associate of the person (including\na person who is an associate of the person by another\napplication or other applications of this subsection).\n(2) For the purposes of this Act, a person is taken to hold a controlling\ninterest in a body corporate if the person, alone or together with\nany associate or associates of the person, is in a position to control\nnot less than 15% of the voting power in the body corporate or\nholds interests in not less than 15% of the issued shares in the\nbody corporate.\n\nGaming Machine Act 1995 10\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of play a gaming machine","content":"6 Meaning of play a gaming machine\nFor the purposes of this Act, a person is taken to play a gaming\nmachine if the person, directly or indirectly:\n(a) inserts a gaming token into;\n(b) causes gaming machine credits to be registered by;\n(c) makes a bet on;\n(d) causes the activation of any process relating to the game of;\nor\n(e) makes or participates in the making of the decisions involved\nin playing,\nthe gaming machine.\n","sortOrder":6},{"sectionNumber":"6A","sectionType":"section","heading":"Meaning of locality","content":"6A Meaning of locality\n(1) A locality is a part of the Territory prescribed as a locality for the\n(2) A locality may include one or more other localities and localities\nmay overlap.\n(3) Licensed premises may be situated in one or more localities.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Act not to apply to casinos","content":"7 Act not to apply to casinos\nThis Act does not apply to or in relation to the obtaining,\npossession or use of a gaming machine in a casino, within the\nmeaning of the Gaming Control Act 1993.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Act binds Crown","content":"8 Act binds Crown\nThis Act binds the Crown not only in right of the Territory but, so far\nas the legislative power of the Legislative Assembly permits, in all\nits other capacities.\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Appointment of Director of Gaming Machines","content":"9 Appointment of Director of Gaming Machines\nThe Minister must, in writing, appoint a person to be the Director of\nGaming Machines.\n\nGaming Machine Act 1995 11\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Delegation","content":"10 Delegation\nThe Director may delegate any of the Director's powers or functions\nunder this Act, other than a power under Part 9A, Division 2, to a\npublic sector employee.\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Annual report","content":"11 Annual report\n(1) The Director must, within 3 months after the end of each financial\nyear, give the Minister a report on the operation of this Act during\nthat year.\n(2) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Approved forms","content":"12 Approved forms\nThe Director may approve forms for this Act.\n","sortOrder":13},{"sectionNumber":"17","sectionType":"section","heading":"Powers and functions of Director","content":"17 Powers and functions of Director\n(1) In addition to the functions conferred on the Director under this Act,\nthe Director has those functions conferred on the Director by the\nMinister.\n(2) The Director has power to do all things necessary or convenient to\nbe done for or in connection with or incidental to the performance\nof the Director's functions.\n(3) The following principles are to be considered when the Director is\nperforming the Director's functions:\n(a) minimum regulatory intervention by government;\n(b) maximum cooperation between industry and government;\n(c) performance-based risk management controls;\n(d) proactive and competitive industry positioning;\n(e) long term viability of the gaming industry;\n(f) a balanced approach to problem gambling.\n","sortOrder":14},{"sectionNumber":"20","sectionType":"section","heading":"Inspectors","content":"20 Inspectors\n(1) The Director may appoint a public sector employee to be an\ninspector for the purposes of this Act.\n\nGaming Machine Act 1995 12\n(2) An inspector appointed under this section may exercise such\npowers and perform such functions as are given by or under this\nAct.\n(3) The Director shall issue to an inspector appointed under this\nsection an identity card containing a photograph and the signature\nof the inspector verified by the signature of the Director.\n(4) An inspector appointed under this section whose appointment is\nterminated shall surrender to the Director the identity card issued to\nthe person under subsection (3).\n(5) An inspector appointed under this section shall, when exercising or\nperforming any of his or her powers or functions, produce the\nidentity card issued to the inspector under subsection (3) to a\nperson who questions the right of the inspector to exercise the\npower or perform the function.\n(6) The production by an inspector of an identity card issued under\nsubsection (3) shall, until the contrary is proved, be sufficient\nauthority for the inspector to do any thing which the inspector is\nauthorised to do by or under this Act.\n(7) An inspector appointed under this section may, while lawfully\nexercising a power or performing a function, be accompanied by a\nperson (including a member of a professional body, a person\nauthorised by the Director, a tradesman or a person expert or\nexperienced in a particular field of endeavour) and may, if the\ninspector reasonably believes it is necessary in the circumstances,\nrequest a person to assist the inspector.\n(8) A person assisting an inspector under subsection (7) has and may\nexercise all the powers of an inspector appointed under this section\nas are reasonably necessary for the purpose and is to be taken to\nbe an employee of the Territory.\n","sortOrder":15},{"sectionNumber":"21","sectionType":"section","heading":"Authorised persons","content":"21 Authorised persons\n(1) The Director may, in writing, appoint a person who is not a public\nsector employee to be an authorised person for the purposes of\n(2) An authorised person may exercise the powers and perform the\nfunctions of an inspector that are specified in the appointment.\n\nGaming Machine Act 1995 13\n(3) In exercising a power or performing a function under this Act, an\nauthorised person:\n(a) is subject to the direction and control of the Director; and\n(b) is to be taken to be an employee of the Territory.\n(4) The Director must issue to an authorised person an identity card\ncontaining a photograph and the signature of the person verified by\nthe signature of the Director.\n(5) An authorised person whose appointment is terminated must\nsurrender to the Director the identity card issued to the person\nunder subsection (4).\nMaximum penalty: 50 penalty units.\n(6) An authorised person must, when exercising or performing any of\nhis or her powers or functions, produce the identity card issued to\nthe person under subsection (4) to a person who questions the\nright of the person to exercise the power or perform the function.\n(7) The production by an authorised person of an identity card issued\nunder subsection (4) is, until the contrary is proved, to be taken to\nbe sufficient authority for the person to do any thing which the\nperson is authorised to do by or under this Act.\n","sortOrder":16},{"sectionNumber":"22","sectionType":"section","heading":"Secrecy","content":"22 Secrecy\n(1) Subject to this section, a person who is or has been engaged in the\nadministration or enforcement of this Act must not, either directly or\nindirectly, except for the purposes of this Act:\n(a) make a record of, or communicate to a person, information\nconcerning the affairs of another person acquired by the\nperson under this Act by reason of that employment; or\n(b) produce to a person or permit a person to have access to a\ndocument furnished to the person for the purposes of this Act.\n(2) Nothing in this section prevents a person to whom it applies from\ndisclosing information obtained under this Act, where:\n(a) the person from whom it was obtained consents to the\ndisclosure;\n\nGaming Machine Act 1995 14\n(b) the disclosure is to:\n(i) a member of the Police Force;\n(ii) a person who is employed by a State or another\nTerritory of the Commonwealth to administer an Act in\nthat State or Territory regulating the operations of\ncasinos or gaming;\n(iia) a person who is employed to administer a law in force in\nanother country that regulates the operations of casinos\nor gaming in that country;\n(iii) the Auditor-General for the purposes of performing\nfunctions or exercising powers imposed or conferred on\nthe Auditor-General by or under the Audit Act 1995 or\nany other Act, or prevents the Auditor-General from\ndisclosing that information or publishing that document if\nthe disclosure or publication does not directly or\nindirectly divulge information identifying the affairs of a\nparticular person; or\n(iv) the Commissioner, within the meaning of the Taxation\nAdministration Act 2007, for the purposes of performing\nfunctions or exercising powers imposed or conferred on\nthe Commissioner by or under the Taxation\nAdministration Act 2007 or any other Act, or prevents\nthe Commissioner from disclosing that information or\npublishing that document if the disclosure or publication\ndoes not directly or indirectly divulge information\nidentifying the affairs of a particular person; or\n(c) the information is about:\n(i) the number of gaming machines on any licensed\n(ii) the performance of gaming machines on any licensed\n(iii) the profit distribution of a club.\n(3) A person to whom this section applies shall not be required to\nproduce in court any document connected with the administration\nor execution of this Act in the person's custody in the course of his\nor her employment or to divulge or communicate to a court any\nmatter or thing coming under the person's notice in the course of\nemployment, unless the production, divulgence, communication or\npublication is made:\n\nGaming Machine Act 1995 15\n(a) with the consent of the person from whom the information or\ndocumentation was obtained;\n(b) in connection with the administration or execution of this Act;\nor\n(c) for the purposes of legal proceedings arising out of this Act or\nof a report of such proceedings.\n","sortOrder":17},{"sectionNumber":"22A","sectionType":"section","heading":"Recognition of interstate matters by Director","content":"22A Recognition of interstate matters by Director\n(1) Where the Director:\n(a) has power under this Act or the Regulations to take an action\nor to make, grant or issue an instrument (a Territory action\nor instrument); and\n(b) is satisfied that an action taken, or an instrument made,\ngranted or issued, under a corresponding law (an interstate\naction or instrument) is equivalent to the Territory action or\ninstrument,\nthe Director may recognise the interstate action or instrument for\nthe purposes of this Act.\n(2) Where an interstate action or instrument is recognised under\nsubsection (1), this Act and the Regulations apply (with the\nnecessary changes) in relation to the interstate action or instrument\nas if it were the Territory action or instrument to which it is\nequivalent.\n(3) In determining whether an interstate action or instrument is\nequivalent to a Territory action or instrument, the Director may have\nregard to the matters that the Director considers relevant.\n(4) Where:\n(a) the Director has recognised an interstate action or instrument\nfor the purposes of this Act; and\n(b) the interstate action or instrument is altered, amended or\nvaried, or is revoked or ceases to be in force, under the\ncorresponding law,\n\nGaming Machine Act 1995 16\nthe Director may review the decision to recognise the interstate\naction or instrument and may:\n(c) where the interstate action or instrument is altered, amended\nor varied – recognise the interstate action or instrument as\naltered, amended or varied or revoke the decision to\nrecognise the interstate action or instrument; or\n(d) where the interstate action or instrument is revoked or ceases\nto have effect – revoke the decision to recognise the interstate\naction or instrument.\n(5) Subsections (1), (2) and (3) apply (with the necessary changes) in\nrelation to an interstate action or instrument that is reviewed under\nsubsection (4).\n(6) Where the Director is satisfied that:\n(a) a person has complied with certain requirements under a\ncorresponding law; and\n(b) those requirements are equivalent to requirements imposed\non the person by or in relation to the Director under this Act or\nthe Regulations,\nthe Director may waive compliance by the person with the\nrequirements under this Act or the Regulations.\n(7) Where:\n(a) the Director has waived compliance with requirements under\nthis Act or the Regulations under subsection (6); and\n(b) those requirements, or the requirements under the\ncorresponding law that the Director determined for the\npurposes of the waiver were equivalent to those requirements,\nare altered, amended or varied or are repealed and replaced\nor are repealed without replacement,\nthe Director may revoke the waiver.\n(8) In this section:\ncorresponding law means a law of a State or another Territory of\nthe Commonwealth that corresponds with provisions of this Act.\n\nGaming Machine Act 1995 17\n","sortOrder":18},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Restrictions on gaming machine numbers","content":"Part 2A Restrictions on gaming machine numbers\n","sortOrder":19},{"sectionNumber":"22B","sectionType":"section","heading":"Power to restrict gaming machine numbers","content":"22B Power to restrict gaming machine numbers\n(1) Restrictions may be imposed by regulation on gaming machine\nnumbers.\n(2) In particular, the regulations may:\n(a) restrict the aggregate number of gaming machines authorised\nfor use under gaming machine licences in the Territory to a\nmaximum number fixed in, or determined in accordance with,\nthe regulations; or\n(b) restrict the aggregate number of gaming machines authorised\nfor use under gaming machine licences in a particular part of\nthe Territory to a maximum number fixed in, or determined in\naccordance with, the regulations; or\n(c) impose a restriction of any other kind on gaming machine\nnumbers; or\n(d) impose any combination of restrictions on gaming machine\nnumbers.\n(3) The first regulations to be made under this section may operate\nretrospectively from the date this section is taken to have\ncommenced.\n","sortOrder":20},{"sectionNumber":"22C","sectionType":"section","heading":"Certain applications to be summarily rejected","content":"22C Certain applications to be summarily rejected\nDespite any other provision of this Act, if the grant of an application\nfor a gaming machine licence, or for an increase in the number of\ngaming machines authorised for use under a gaming machine\nlicence, would result in contravention of a restriction imposed under\nthis Part, the Director must reject the application without further\ninquiry.\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Gaming lawful and does not constitute nuisance","content":"23 Gaming lawful and does not constitute nuisance\n(1) Notwithstanding any other Act or law, gaming and the conduct of\ngaming on licensed premises under this Act is lawful.\n\nGaming Machine Act 1995 18\n(2) Gaming and the conduct of gaming on licensed premises under this\nAct or any other Act does not in itself constitute a public or private\nnuisance.\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Application for gaming machine licence","content":"24 Application for gaming machine licence\n(1) An application for a gaming machine licence may be made by the\n(a) a body corporate that holds a liquor licence with a club\nauthority;\n(b) the holder of a liquor licence with a public bar authority;\n(c) the holder of a liquor licence with a wayside inn authority;\n(d) the holder of a liquor licence with an authority prescribed by\nregulation;\n(e) a body corporate that has applied to become the holder of a\nlicence and an authority referred to in paragraphs (a) to (d);\n(f) an individual who has applied to become the holder of a\nlicence and an authority referred to in paragraphs (b) and (d).\n(2) An application under this section may be made only in relation to, if\nthe application is made by an applicant referred to in\nsubsection (1)(a), (b) or (c), the premises specified in the\napplicant's liquor licence, or referred to in subsection (1)(d) or (e),\nthe premises specified in the applicant's application for a liquor\n(3) An application under this section:\n(a) shall be made in the form determined by the Director;\n(b) shall be signed by the applicant or, in the case of an\napplication by a body corporate, shall be executed under the\ncommon seal of the body corporate and signed by 2 executive\nofficers of the body corporate authorised in that behalf by the\nbody corporate or in such other way as the Director allows;\n(c) shall state the full name, address and date of birth of the\napplicant or, in the case of an application by a body corporate,\nthe full name, address and date of birth of the secretary and\neach executive officer of the body corporate;\n\nGaming Machine Act 1995 19\n(d) in the case of an application by a body corporate, shall be\n(i) a copy of the certificate of incorporation of the body\ncorporate;\n(ii) a copy of the constitution or other incorporating\ndocuments of the body corporate in force at the time of\nmaking the application certified as a true copy by the\nsecretary of the body corporate or other person properly\nauthorised in that behalf by the body corporate and, in\nthe case of the constitution of a club that is an\nincorporated association within the meaning of the\nAssociations Act 2003, certified as a true copy by the\nDirector as defined in section 4 of that Act;\n(iii) a copy of the resolution or minute of the proceedings of\nthe governing body of the body corporate by which\napproval was given for the application to be made,\ncertified as a true copy by the person certifying the copy\nof the matters referred to in subparagraph (ii); and\n(iv) a copy of the last audited balance sheet or statement of\nthe financial affairs of the body corporate;\n(e) shall be accompanied by, in the case of an application by a\nclub:\n(i) a statement detailing the number of members in each\nclass of membership of the club;\n(ii) a statement detailing the hours and days when the\nclub's premises are open for the sale of liquor; and\n(iii) a statutory declaration by the principal executive officer\nthat the applicable constitution or by-laws of the club:\n(A) have been complied with in making the application;\nand\n(B) do not prohibit the playing of gaming machines on\nthe premises to which the application relates;\n(f) shall be accompanied by:\n(i) if the application is made by an applicant referred to in\nsubsection (1)(a), (b) or (c), evidence, satisfactory to the\nDirector, of the liquor licence held for the premises to\nwhich the application relates; or\n\nGaming Machine Act 1995 20\n(ii) if the application is made by an applicant referred to in\nsubsection (1)(d) or (e), a copy of the application for a\nliquor licence made in relation to the premises to which\nthe first application relates;\n(g) shall be accompanied by a plan of the premises to which the\napplication relates indicating the proposed locations on the\npremises where it is intended to install gaming machines;\n(h) shall be accompanied by a statutory declaration declaring:\n(i) that the proposed locations referred to in paragraph (g)\nare within:\n(A) if the application is made by an applicant referred\nto in subsection (1)(a), (b) or (c), the premises to\nwhich the liquor licence referred to in\nsubsection (1)(a), (b) or (c) relates; and\n(B) if the application is made by an applicant referred\nto in subsection (1)(d) or (e), the premises to which\nthe proposed liquor licence referred to in\nsubsection (1)(d) or (e) relates; and\n(ii) that gaming machines installed in the locations will\nallow:\n(A) proper cleaning and maintenance of the gaming\nmachines;\n(B) unrestricted access to fire exits in accordance with\nthe requirements under the Fire and Emergency\nAct 1996 and Building Act 1993; and\n(C) the proper use of things provided on the premises\nfor safety and security;\n(j) shall specify full particulars of the ownership and any intended\nownership of the premises;\n(k) must specify the number of gaming machines that the\napplicant seeks to have authorised for use under the licence;\n(ka) is to specify details of the arrangements made for the\nmonitoring of the gaming machines by a licensed monitoring\nprovider and for the maintenance and repair of the gaming\nmachines through a licensed service contractor;\n(m) shall be accompanied by an affidavit under section 44;\n\nGaming Machine Act 1995 21\n(ma) if the applicant is a club, is to be accompanied by:\n(i) a full and reasonable description of the club's\nneighbourhood;\n(ii) a statement of the proportions in which the club's profits\nhave been, or are proposed to be, allocated or\ndistributed:\n(A) to improve the club's facilities and services and to\nthe club's reserves;\n(B) for the purposes of the club as set out in the club's\nconstitution or other incorporating documents or, if\nthe applicant is a federation of clubs, for the\npurposes of each constituent club as set out in\neach constituent club's constitution or other\nincorporating documents;\n(C) towards development of the club's neighbourhood;\nand\n(D) as donations to or funding for community,\nrecreational or service organisations operating in\nthe club's neighbourhood;\n(iii) a statement of:\n(A) the proportion that the allocation or distribution\nreferred to in subparagraph (ii)(B) bears to the\naggregate of the allocations or distributions\nreferred to in subparagraph (ii)(B), (C) and (D); and\n(B) the proportion that the aggregate of the allocations\nor distributions referred to in subparagraph (ii)(C)\nand (D) bears to the aggregate of the allocations or\ndistributions referred to in subparagraph (ii)(B), (C)\nand (D);\n(iv) a statement of:\n(A) the proportion that the number of full members of\nthe club bears to the total number of members of\nthe club; and\n(B) the proportion that the number of members of the\nclub who are not full members bears to the total\nnumber of members of the club; and\n\nGaming Machine Act 1995 22\n(v) a statement to the effect that the club's constitution or\nother incorporating documents or, if the applicant is a\nfederation of clubs, the constitution or other\nincorporating documents of each constituent club do not\nprohibit, prevent or impede an allocation or distribution\nreferred to in subparagraph (ii)(C) or (D);\n(n) shall contain or be accompanied by such other information,\napplication and the applicant as are determined by the\nDirector;\n(p) shall be forwarded to or lodged with the Director; and\n(q) must be accompanied by:\n(i) the prescribed fee; and\n(ii) the prescribed levy for each gaming machine that the\napplicant seeks to have authorised for use under the\n","sortOrder":23},{"sectionNumber":"24A","sectionType":"section","heading":"Notice of application","content":"24A Notice of application\n(1) An applicant for a gaming machine licence must, within 28 days of\nlodging the application, publish a notice that the application has\nbeen made:\n(a) in a newspaper or newspapers nominated by the Director; and\n(b) in any other manner the Director considers suitable to\npublicise the application.\n(2) The notice must:\n(a) include a description in sufficient detail to identify the location\nof the premises to which the application relates;\n(b) specify the number of gaming machines that the applicant\nseeks to have authorised for use under the gaming machine\n(c) contain details of where community impact information may\nbe obtained;\n(d) contain a statement that a person may make a written\nsubmission to the Director on the application within 30 days of\nthe notice being first published in a newspaper;\n(e) contain any other particulars determined by the Director; and\n\nGaming Machine Act 1995 23\n(f) be not less than a size determined by the Director.\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"Consideration of application","content":"25 Consideration of application\n(1) On receiving an application for a gaming machine licence, and\ncompliance by the applicant with this Part, the Director shall initiate\nand have followed through such investigations as the Director\nconsiders are necessary in relation to the application.\n(3) The Director must consider the application and anything\naccompanying it together with the results of investigations made\nunder subsection (1) and any submissions received under\nsection 24A and make an assessment of:\n(a) the suitability of the premises to which the application relates\nhaving regard to the size, layout and facilities of the premises;\n(b) the suitability of the premises to which the application relates\nhaving regard to the primary activity conducted at the\n(c) the suitability of the location to which the application relates\nhaving regard to the population of the local area, the proximity\nof the premises to other gaming venues and the proximity of\nthe premises to sensitive areas such as schools, shopping\ncentres, other community congregation facilities, welfare\nagencies, banks and pawn brokers;\nof the venue to or on tourism;\n(f) if the applicant is a natural person – the financial stability,\ngeneral reputation and character of the applicant;\n(g) if the applicant is a body corporate – the business reputation\nand financial stability of the body corporate and the general\nreputation and character of the secretary and executive\nofficers of the body corporate;\n(h) if the applicant is a federation of clubs – the business\nreputation and financial stability of each constituent club and\nthe general reputation and character of the secretary and\nexecutive officers of each constituent club;\n(i) whether the applicant is a fit and proper person to hold a\n\nGaming Machine Act 1995 24\n(j) if a person is referred to in the affidavit under section 44 –\nwhether that person is a fit and proper person to be an\nassociate of a licensee;\n(k) if the Director considers it appropriate – whether any other\nassociate of the applicant is a fit and proper person to be an\nassociate of a licensee; and\n(l) any other matter that the Director considers necessary.\n(3A) In assessing whether an applicant is a fit and proper person to be a\nlicensee, the Director must have regard to the matters that are\nprescribed (if any).\n(4) Where the Director considers that a proposed location indicated in\nthe plan referred to in section 24(3)(g) is unsuitable for the\ninstallation of gaming machines, the Director shall:\n(a) advise the applicant, in writing, accordingly;\n(b) return the plan of the premises to the applicant; and\n(c) request the applicant to amend and resubmit the plan,\nas often as is necessary to satisfy the Director's requirements.\n(5) If an applicant, within the time specified in the last request made\nunder subsection (4), fails to amend and resubmit the plan, the\nDirector shall not take any further action in respect of the\n(6) The Director may require an applicant, or an associate of an\napplicant, to submit such additional information or material as the\nDirector considers is necessary in order to make a decision or\ndetermination under this section.\n(7) Where the Director, on consideration of an application under this\nsection, considers that it should not be granted or proposes to\ndetermine the number of gaming machines to be authorised for use\nunder the licence be less than the number requested in the\napplication:\napplication or a determination in respect of the number of\ngaming machines to be authorised for use; and\nthe application or for the number of gaming machines\n\nGaming Machine Act 1995 25\nrequested in the application as the applicant thinks fit.\n(8) Any additional information or material submitted under\nsubsection (6) or (7) shall be considered in making the decision or\n(8A) In determining an application for a gaming machine licence by a\nclub, the Director must have regard to the improvements to the\namenity of its neighbourhood that the club will make, or proposes to\nmake, if the licence is granted.\n(9) The Director shall not grant a gaming machine licence if:\n(a) in the case of an application by a natural person, the applicant\nhas not attained the age of 18 years;\n(b) in the case of an application by a body corporate, the\nsecretary or any executive officer of the body corporate has\nnot attained the age of 18 years; or\n(c) the Director considers that the installation and use of gaming\nmachines on the premises to which the application relates is\nlikely to affect adversely:\n(i) the nature or character of the premises; or\n(ii) the general use of the premises or the enjoyment of\npersons using the premises.\n(10) The Director shall not grant a gaming machine licence to a club if\nthe Director considers:\n(a) that the club, including a voluntary association of persons\nfrom which it was formed:\n(i) has not been operating for at least 2 years before the\napplication was made; or\n(ii) has not, during the whole of that period, been pursuing\nits objects or purposes in good faith;\n(b) that payments for the rental or lease of the club's licensed\npremises are unreasonable;\n(c) if a lease, agreement or arrangement made by the club\nprovides that a person or voluntary association of persons is\nentitled to receive, or may receive, a payment, benefit or\nadvantage during, or at the end of, the lease, agreement or\narrangement, that the provision is unreasonable;\n\nGaming Machine Act 1995 26\n(d) if members of the executive, governing or management body\n(however described) of the club are required to be nominated,\nor may be nominated, by a person who is not a member of the\nclub, or by a voluntary association of persons, that this is not\nin the best interests of the club's members;\n(e) if the club does not own the club's licensed premises and an\nexecutive officer or employee of the club is also the lessor, or\nan associate of the lessor, of the club, that this is not in the\nbest interests of the club's members; or\n(f) if an executive officer or employee of the club is a creditor, or\nan associate of a creditor, of the club, that this is not in the\nbest interests of the club's members.\n(11) Subsection (10)(a) does not apply if the Director considers that\ngranting the application:\n(a) is reasonable because of the club's contractual commitments\nmade in pursuing its objects or purposes;\n(b) is necessary to meet the reasonable gaming requirements of\nthe club's members; and/or\n(c) is in the public interest.\n(12) Subject to this section, the Director shall determine the number of\ngaming machines authorised for use under the licence.\n(13) In determining the number of gaming machines under\nsubsection (12), the Director shall have regard to:\n(a) the number of gaming machines sought in the application\nmade under section 24;\n(c) the hours and days when the premises are open for the sale\nof liquor;\n(d) in the case of a club, the number of members of the club;\n(e) the size, layout and facilities of the premises to which the\napplication relates;\n(f) the size and layout of the proposed gaming machine areas;\n(g) the anticipated level of gaming on the premises; and\n(h) such other matters as the Director considers are relevant.\n\nGaming Machine Act 1995 27\n(14) The number of gaming machines determined under\nsubsection (12):\n(a) is not to be greater than the number sought in the application\nor the maximum number prescribed for the category of\nlicensed premises to which the licensed premises the subject\nof the application belongs; and\n(b) is not to result in contravention of a restriction imposed under\nPart 2A.\n(15) The Director shall, as soon as practicable after a decision is made\non the application, give the applicant written notice of:\n(16) On the grant of a gaming machine licence, the gaming machine\nareas are those locations on licensed premises indicated in the\nplan referred to in section 24(3)(g) or that plan as last amended\nand resubmitted under subsection (4).\n","sortOrder":25},{"sectionNumber":"26","sectionType":"section","heading":"Clubs may be restricted to only one gaming machine licence","content":"26 Clubs may be restricted to only one gaming machine licence\nIf a club is a licensee, the Director shall not grant an application by\nthe club for another gaming machine licence (new licence) unless:\n(a) the Director considers that the benefits to be offered to\nmembers of the club at the premises for which the new\nlicence is sought (new premises) are distinct in nature to the\nbenefits offered to the members at the existing licensed\npremises of the club (existing premises);\n(b) the new premises are located in close proximity to the existing\n(c) the Director is satisfied that:\n(i) it is in the best interests of the club's members that the\nnew licence be granted; and\n(ii) the granting of the new licence is not contrary to the\npublic interest.\n\nGaming Machine Act 1995 28\n","sortOrder":26},{"sectionNumber":"27","sectionType":"section","heading":"Changes in circumstances of applicants and licensees","content":"27 Changes in circumstances of applicants and licensees\n(1) Where a person applies for a licence under this Part and, before\nthe application is granted or refused, there is:\n(a) a change in the information in, or accompanying, the\napplication or in a notice under this subsection; or\n(b) any other change in the circumstances of the applicant that\nmay affect the decision whether to grant or refuse the\napplication,\nthe applicant must give the Director written notice of the change\nwithin 7 days after the change.\n(2) If, after the grant of a gaming machine licence, an event referred to\nin subsection (3) happens, the licensee shall, not later than 7 days\nafter the event happening, give the Director written notice of the\nevent.\n(3) Events required to be notified under this section are:\n(a) the licensee changes name or address;\n(b) the licensee is convicted of:\n(i) an indictable offence; or\n(ii) an offence against this Act;\n(c) if the licensee is a natural person, the licensee fails to\ndischarge his or her financial commitments, becomes\nbankrupt or compounds with creditors or otherwise takes\nadvantage of the laws about bankruptcy; or\n(d) if the holder is a body corporate, the licensee is the subject of\na winding-up (whether voluntarily or under a court order),\nappointment of a liquidator, appointment of a receiver or\nreceiver and manager or is placed under judicial management\nor administration.\n\nGaming Machine Act 1995 29\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Issue of gaming machine licences","content":"28 Issue of gaming machine licences\n(1) Where the Director grants a gaming machine licence the Director\nshall issue the licence.\n(2) The gaming machine licence shall be in the form determined by the\nDirector and shall specify:\n(a) the name of the licensee;\n(c) the conditions imposed under section 33(1)(b); and\n(d) such other particulars as determined by the Director.\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Schedule of gaming machines","content":"29 Schedule of gaming machines\n(1) The Director shall, in respect of licensed premises, issue to the\nlicensee a schedule of gaming machines.\n(2) A schedule of gaming machines shall:\n(a) identify the gaming machine licence and the licensed\npremises to which it applies;\n(b) specify the number of gaming machines and the number of\ngaming machines of each betting unit authorised for use\nunder the licence in respect of the licensed premises;\n(ba) specify the identification number issued by the Director under\nsection 135 for each gaming machine authorised for use\nunder the licence in respect of the licensed premises or\nrequired to be stored by the licensee under section 83; and\n(c) specify the date from which the schedule is to apply.\n(3) Where:\n(a) the accuracy of a schedule of gaming machines is affected by\nanything done by the Director under section 39 or 40; or\n(b) the Director is satisfied that a schedule of gaming machines\nhas been damaged, lost or destroyed,\nthe Director shall issue another schedule of gaming machines to\nthe licensee.\n(4) The issue of a schedule of gaming machines under subsection (3)\ncancels the previous schedule of gaming machines on and from the\ndate specified in the schedule and is taken for all purposes to be\nthe schedule of gaming machines for the licensed premises.\n\nGaming Machine Act 1995 30\n(5) A licensee shall, not later than 14 days after receiving a schedule of\ngaming machines issued under subsection (3), deliver the\ncancelled schedule of gaming machines to the Director.\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Gaming machine licences and schedules to be displayed","content":"30 Gaming machine licences and schedules to be displayed\nA licensee shall display the licensee's gaming machine licence and\nthe schedule of gaming machines in a conspicuous position on the\nlicensed premises to which the licence and schedule relate.\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Issue of copy of gaming machine licence","content":"31 Issue of copy of gaming machine licence\n(1) Where the Director is satisfied that a gaming machine licence has\nbeen damaged, lost or destroyed, the Director may, on payment of\nthe prescribed fee, issue to the licensee a copy of the licence.\n(2) A copy of a gaming machine licence issued under subsection (1)\nhas, for all purposes, the same effect as the original licence of\nwhich it is a copy.\n","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Term of gaming machine licence","content":"32 Term of gaming machine licence\n(1) Subject to this Act, a gaming machine licence is granted for an\nindefinite term.\n(2) If a gaming machine licence is cancelled, revoked or otherwise\nceases to be in force for a reason other than a reason provided for\nunder this Act and it is necessary for any purpose whatsoever to\ndetermine how long the licence would have remained in force but\nfor the cancellation, revocation or cessation, it is to be assumed\nthat the licence would have remained in force for a further 5 years.\n","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"Conditions of gaming machine licences","content":"33 Conditions of gaming machine licences\n(1) A gaming machine licence is subject to:\n(a) such conditions as may be prescribed; and\n(b) such other conditions (including any variation of the conditions\nmade under section 34) as the Director may impose in the\npublic interest or for the proper conduct of gaming at the time\nof granting the licence or under section 34.\n\nGaming Machine Act 1995 31\n(2) A licensee shall not contravene or fail to comply with a condition to\nwhich the licensee's licence is subject.\n","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":"Imposition or variation of conditions","content":"34 Imposition or variation of conditions\n(1) The Director may, after granting a gaming machine licence, in the\npublic interest or for the proper conduct of gaming:\n(a) impose conditions or further conditions on the licence; or\n(b) vary the conditions on the licence.\n(2) Where the Director imposes or varies conditions under\nsubsection (1), the Director shall give the licensee written notice of\nthe conditions or varied conditions.\n(3) A condition imposed or varied under this section has effect from the\ndate specified in the notice given under subsection (2).\n(4) A licensee shall, not later than 14 days after being given a notice\nunder subsection (2), deliver the licence to the Director.\n(5) The Director shall, on receiving a gaming machine licence under\nsubsection (4), endorse the licence with the condition imposed or\nvaried and return the licence to the licensee.\n","sortOrder":34},{"sectionNumber":"35","sectionType":"section","heading":"Payment and recovery of amounts","content":"35 Payment and recovery of amounts\n(1) All amounts received by the Director under conditions referred to in\nsection 33 shall be paid into the Central Holding Authority.\n(2) All amounts payable by a licensee under conditions of the gaming\nmachine licence that remain unpaid may be recovered as a debt\ndue and payable by the licensee to the Territory.\n","sortOrder":35},{"sectionNumber":"36","sectionType":"section","heading":"Community contribution by clubs","content":"36 Community contribution by clubs\n(1) The Minister may issue guidelines about the contribution the\nMinister expects clubs that are licensees will make to the\ncommunity.\n(1A) The guidelines may specify the following:\n(a) how the contribution is to be calculated;\n\nGaming Machine Act 1995 32\n(b) the type and nature of contributions that are of benefit to the\ncommunity;\n(c) the reporting, accountability and acquittal process that a\nlicensee must use;\n(d) the minimum rate of contribution.\n(2) The Director may require a club that is a licensee to provide the\nDirector with the information the Director considers appropriate to\nassess the contribution that the club is making to the community\nand, in particular, its contribution through gaming machines.\n(3) A club must comply with a requirement under subsection (2).\nMaximum penalty: 100 penalty units.\n","sortOrder":36},{"sectionNumber":"37","sectionType":"section","heading":"Definitions","content":"37 Definitions\nIn this Division:\nproposed transferee, in relation to the transfer of a transferable\nlicence, means the person to whom it is proposed to transfer the\ntransfer application, see section 37C(1).\ntransferable licence means a gaming machine licence issued for\npremises that are licensed under the Liquor Act 2019 and operating\nunder an authority prescribed by regulation.\n","sortOrder":37},{"sectionNumber":"37A","sectionType":"section","heading":"Gaming machine licence held by club cannot be transferred","content":"37A Gaming machine licence held by club cannot be transferred\nA gaming machine licence that is not a transferable licence cannot\nbe transferred to another person.\n","sortOrder":38},{"sectionNumber":"37B","sectionType":"section","heading":"Transfer of gaming machine licence for hotels etc.","content":"37B Transfer of gaming machine licence for hotels etc.\nA transferable licence may be transferred from the licensee to\nanother person if the transfer is authorised by the Director under\nthis Division.\n","sortOrder":39},{"sectionNumber":"37C","sectionType":"section","heading":"Application for transfer of gaming machine licence","content":"37C Application for transfer of gaming machine licence\n(1) An application for the transfer of a transferable licence (a transfer\napplication) must:\n(a) be made to the Director by the proposed transferee; and\n\nGaming Machine Act 1995 33\n(b) be in the form determined by the Director; and\n(c) include or be accompanied by the information and material\nmentioned in section 38(1); and\n(d) be signed or executed in the manner described in\nsection 24(3)(b); and\n(e) be accompanied by the prescribed fee.\n(2) A transfer application cannot be made unless an application under\nthe Liquor Act 2019 to approve the transfer of the licensee's liquor\nlicence to the proposed transferee is made and approved or is still\npending a decision.\n","sortOrder":40},{"sectionNumber":"38","sectionType":"section","heading":"Information and material","content":"38 Information and material\n(1) A transfer application must include or be accompanied by the\n(a) a copy of the application under the Liquor Act 2019 for\ntransfer of the liquor licence or evidence that the application\nwas made;\n(b) the information or material mentioned in section 24(3)(c), (d),\n(j) and (ka);\n(c) a community impact analysis if required by section 38A;\n(d) details of the proposed transferee's problem gambling risk\nmanagement and responsible gambling strategies;\n(e) an affidavit under section 44;\n(f) any other information or material required by the Director.\n(2) The Director may require the applicant, or an associate of the\napplicant, to submit any additional information or material the\nDirector considers is necessary in order to determine the transfer\n(3) Section 27(1) applies in relation to the applicant as if the transfer\napplication were an application for a licence.\n\nGaming Machine Act 1995 34\n","sortOrder":41},{"sectionNumber":"38A","sectionType":"section","heading":"Community impact analysis","content":"38A Community impact analysis\n(1) A transfer application must be accompanied by a community\nimpact analysis if:\n(a) the guidelines published by the Director under section 161A\nrequire the application to be accompanied by a community\nimpact analysis; or\n(b) the Director requires the application to be accompanied by a\ncommunity impact analysis.\n(2) A community impact analysis must be in the form approved by the\nDirector and must provide the following details:\n(a) the appropriateness of problem gambling risk management\n(b) economic impact of the proposal including contribution to the\n","sortOrder":42},{"sectionNumber":"38B","sectionType":"section","heading":"Consideration of transfer application","content":"38B Consideration of transfer application\n(1) For the purpose of considering a transfer application, the Director\nmay initiate and have followed through the investigations the\nDirector considers are necessary.\n(2) In considering the application the Director must have regard to:\n(a) the matters mentioned in section 25(3)(d) to (g) and (i) to (k);\nand\n(b) any matters prescribed for section 25(3A); and\n(c) the community impact analysis if required by section 38A; and\n(d) any other matters the Director considers relevant.\n","sortOrder":43},{"sectionNumber":"38C","sectionType":"section","heading":"Relationship with application under Liquor Act 2019","content":"38C Relationship with application under Liquor Act 2019\n(1) The Director must not determine a transfer application until the\napplicant's application under the Liquor Act 2019 for transfer of the\nliquor licence is determined.\n(2) If the application for transfer of the liquor licence is refused, the\nDirector must refuse the transfer application if:\n(a) no proceedings are commenced to review the refusal within\nthe time allowed under the Northern Territory Civil and\nAdministrative Tribunal Act 2014; or\n\nGaming Machine Act 1995 35\n(b) on review, NTCAT confirms the refusal and no appeal to the\nSupreme Court is made within the time allowed under the\nNorthern Territory Civil and Administrative Tribunal Act 2014;\nor\n(c) on appeal from NTCAT, the Supreme Court confirms the\nrefusal.\n","sortOrder":44},{"sectionNumber":"39","sectionType":"section","heading":"Transferee or executive officers must be at least 18 years of","content":"39 Transferee or executive officers must be at least 18 years of\nage\nThe Director must refuse a transfer application:\n(a) if the proposed transferee is an individual and has not\nattained the age of 18 years; or\n(b) if the proposed transferee is a body corporate and the\nsecretary or any executive officer of the body corporate has\nnot attained the age of 18 years.\n","sortOrder":45},{"sectionNumber":"39A","sectionType":"section","heading":"Determination of transfer application","content":"39A Determination of transfer application\n(1) After considering a transfer application the Director must:\n(a) grant the application and authorise the transfer of the licence;\nor\n(b) refuse the application.\n(2) As soon as practicable after making the decision, the Director must\ngive the applicant written notice of:\n(3) If the Director authorises the transfer of the licence, the Director\nmust issue to the applicant a replacement licence updated to show:\n(a) the applicant as the licensee; and\n(b) the date on which the transfer takes effect; and\n(c) the conditions imposed under section 33(1)(b); and\n(d) any other changes made to the terms and conditions of the\n\nGaming Machine Act 1995 36\n(4) The replacement licence must comply with section 28 and include\nthe schedule mentioned in section 29 updated as necessary.\nNote for section 39A\nWhen determining an application under this Division, the Director may also\nexercise any of the Director's other powers in relation to the licence including, for\nexample, the power under section 34 to impose or vary conditions and the powers\nunder Part 3, Division 3 to change the number of gaming machines authorised for\nuse under the licence.\n","sortOrder":46},{"sectionNumber":"39B","sectionType":"section","heading":"Effect of transfer","content":"39B Effect of transfer\n(1) If the Director authorises the transfer of a transferable licence, on\nthe date specified in the replacement licence under\nsection 39A(3)(b):\n(a) the proposed transferee becomes the licensee; and\n(b) any other changes mentioned in section 39A(3)(d) take effect.\n(2) The transfer of the licence does not affect the liability of the former\nlicensee in relation to anything that occurred before the transfer\ndate.\n(3) The former licensee must deliver the former licensee's licence to\nthe Director not later than 14 days after the transfer takes effect.\n","sortOrder":47},{"sectionNumber":"40A","sectionType":"section","heading":"Director may alter gaming machines etc.","content":"40A Director may alter gaming machines etc.\n(1) The Director:\n(a) on application made by a licensee in the form determined by\nthe Director and on payment of the prescribed fee, may\napprove that a gaming machine; or\n(b) if the Director thinks fit to do so, may cause a gaming machine\nto,\nbe altered to effect a change in the game, gaming token\ndenomination or betting unit of the gaming machine.\n(2) The reasonable costs incurred by the Director under\nsubsection (1)(b) are to be paid by the licensee whose gaming\nmachine is altered.\n\nGaming Machine Act 1995 37\n","sortOrder":48},{"sectionNumber":"41","sectionType":"section","heading":"Increase in gaming machines","content":"41 Increase in gaming machines\n(1) A licensee may apply to have the number of gaming machines\nauthorised for use under the licence increased.\n(2) An application under subsection (1):\n(a) shall be made in the form determined by the Director and\nsigned or executed in the same way as is specified in\nsection 24(3)(b);\n(b) must specify the number of additional gaming machines that\nthe applicant seeks to have authorised for use under the\nlicence and the total number of gaming machines that would\nthen be on the licensee's licensed premises should the\napplication be granted;\n(c) where appropriate, shall be accompanied by an application\nunder section 43;\n(ca) if the applicant is a club – must contain details of the extent to\nwhich the club's profits that have been allocated or distributed:\n(i) toward development of the club's neighbourhood; and\n(ii) as donations to or funding for community, recreation or\nservice organisations operating in the club's\nneighbourhood,\nand details of the extent to which the allocation or distribution\nwould be increased or otherwise varied if the Director were to\ngrant the application;\n(cb) if section 41A applies – must be accompanied by a\ncommunity impact analysis;\n(d) shall contain or be accompanied by such other information,\napplication or the licensee as are determined by the Director;\n(e) shall be forwarded to or lodged with the Director; and\n(f) must be accompanied by:\n(i) the prescribed fee; and\n\nGaming Machine Act 1995 38\n(ii) the prescribed levy for each additional gaming machine\nthat the applicant seeks to have authorised for use\nunder the licence.\n(3) The Director shall determine whether to grant or refuse to grant the\napplication and, if granted, the increased number of gaming\nmachines authorised for use under the licence.\n(4) In determining an application under section (1) the Director shall\nhave regard to:\n(a) the increased number of gaming machines that the applicant\nseeks to have authorised for use under the gaming machine\n(b) if section 41A applies – the community impact analysis;\n(ba) if section 41B applies – any submissions received under the\nsection;\n(c) the gross monthly profit of existing gaming machines operated\non the premises;\n(d) the hours and days when the premises are open for the sale\nof liquor;\n(e) the size, layout and facilities of the premises together with any\nproposed modification or relocation of the gaming machine\nareas of the premises; and\n(f) such other matters as the Director considers are relevant.\n(5) If the Director increases the number of gaming machines\nauthorised for use under a licence, the number of additional gaming\nmachines authorised must not be greater than the number sought\nin the application and the total number of gaming machines that\nwould then be on the licensed premises shall not be greater than\nthe maximum number prescribed for the category of licensed\npremises to which the licensed premises the subject of the\napplication belongs.\n(6) The Director may require the licensee to submit such additional\ninformation or material as the Director considers is necessary in\norder to make a determination under this section.\n\nGaming Machine Act 1995 39\n(7) Where the Director, on consideration of an application under this\nsection, considers that it should not be granted or proposes to\nincrease the number of gaming machines authorised for use under\nthe licence by a number that is less than that requested in the\napplication:\napplication or determining the increase in the number of\ngaming machines; and\nthe application as the applicant thinks fit.\n(8) Any additional information or material submitted under\nsubsection (6) or (7) shall be considered in making the\n(9) If an application under subsection (1) is refused, the Director shall\nas soon as practicable give the applicant written notice of, and the\nreasons for, the decision.\n","sortOrder":49},{"sectionNumber":"41A","sectionType":"section","heading":"Community impact analysis","content":"41A Community impact analysis\n(1) An application under section 41 must be accompanied by a\ncommunity impact analysis if:\n(a) the number of additional gaming machines sought to be\nauthorised for use under the licence is 5 machines or more;\n(b) the guidelines published by the Director under section 161A\nrequire the application to be accompanied by a community\nimpact analysis; or\n(c) the Director requires the application to be accompanied by a\ncommunity impact analysis.\n(2) A community impact analysis must be in the form approved by the\nDirector and must provide the following details:\n(a) the suitability of the premises to which the application relates\nhaving regard to the size, layout and facilities of the premises;\n(b) the suitability of the premises to which the application relates\nhaving regard to the primary activity conducted at the\n(c) the suitability of the location to which the application relates\nhaving regard to the population of the local area, the proximity\n\nGaming Machine Act 1995 40\nof the premises to other gaming venues and the proximity of\nthe premises to sensitive areas such as schools, shopping\ncentres, other community congregation facilities, welfare\nagencies, banks and pawn brokers;\n","sortOrder":50},{"sectionNumber":"41B","sectionType":"section","heading":"Notice of application","content":"41B Notice of application\n(1) If section 41A applies, the licensee must, within 28 days of lodging\nthe application under section 41, publish a notice that the\napplication has been made:\n(a) in a newspaper or newspapers nominated by the Director; and\n(b) in any other manner the Director considers suitable to\npublicise the application.\n(2) The notice must:\n(a) include a description in sufficient detail to identify the location\nof the premises to which the application relates;\n(b) contain details of the increased number of gaming machines\nsought to be authorised for use under the licence;\n(c) contain details of where community impact information may\nbe obtained;\n(d) contain a statement that a person may make a written\nsubmission to the Director on the application within 30 days of\nthe notice being first published in a newspaper;\n(e) contain any other particulars determined by the Director; and\n(f) be not less than a size determined by the Director.\n","sortOrder":51},{"sectionNumber":"42","sectionType":"section","heading":"Decrease in machines","content":"42 Decrease in machines\n(1) The Director may determine that the number of gaming machines\nauthorised for use under the licence be decreased by such number\nas the Director thinks fit.\n(1A) The Director may do so on an application under subsection (3) or\non the Director's own initiative.\n\nGaming Machine Act 1995 41\n(2) If the Director makes a determination under subsection (1), the\nDirector shall, as soon as practicable after the determination is\nmade, give the licensee written notice of, and the reasons for, the\n(3) An application to the Director under this section may be in the form\nof:\n(a) an application by a licensee that the number of gaming\nmachines authorised for use under the licence be decreased,\naccompanied, where appropriate by an application under\nsection 43;\n(b) a written request by the Director of the Fire and Rescue\nService or the relevant local government council that the\nnumber of gaming machines authorised for use under the\nlicence be decreased; or\n(c) a written report of an inspector with respect to:\n(i) any general change in conditions that have happened in\nthe neighbourhood in which a licensee's licensed\npremises are located;\n(ii) any change in a licensee's circumstances; or\n(iii) any change in any of the matters referred to in\nsection 25(9),\nsince the licensee was granted a gaming machine licence and\nrecommending that the number of gaming machines\nauthorised for use under the licence be decreased.\n(4) The Director must:\n(a) advise the licensee by written notice of:\n(i) the relevant details of a request or report made under\nsubsection (3)(b) or (c); or\n(ii) if the Director proposes to decrease the number of\ngaming machines authorised for use under a licence on\nthe Director's own initiative – details of that proposal;\nand\n(b) invite the licensee to make a submission with respect to the\nrequest, report or proposal within such time as is specified in\nthe notice.\n\nGaming Machine Act 1995 42\n(4A) In determining whether to decrease the number of gaming\nmachines authorised for use under a licence held by a club, the\nDirector must have regard to the extent to which the club's profits\nhave been allocated or distributed:\n(a) toward development of the club's neighbourhood; and\n(b) as donations to or funding for community, recreation or\nservice organisations operating in the club's neighbourhood.\n(5) A licensee shall surrender to the Director or a person authorised in\nthat behalf by the Director the number of gaming machines\nspecified in a determination made under subsection (1).\n(6) A person to whom a gaming machine is surrendered under\nsubsection (5):\n(a) is authorised to be in possession of the gaming machine in\naccordance with procedures approved by the Director; and\n(b) must not dispose of the gaming machine except in\naccordance with procedures approved by the Director.\n","sortOrder":52},{"sectionNumber":"Div 6","sectionType":"division","heading":"Substitution of premises or change to gaming","content":"Division 6 Substitution of premises or change to gaming\nmachine areas\n","sortOrder":53},{"sectionNumber":"42A","sectionType":"section","heading":"Definitions","content":"42A Definitions\nIn this Division:\ncurrent premises, see section 42B(1).\nnew premises, see section 42B(1).\nsubstitution application means an application under\nsection 42B(1).\n","sortOrder":54},{"sectionNumber":"42B","sectionType":"section","heading":"Application for substitution of premises","content":"42B Application for substitution of premises\n(1) A licensee may apply to have other premises (the new premises)\nsubstituted for the premises specified in the licence (the current\npremises) as the premises on which the licensee is licensed to\nconduct gaming.\n\nGaming Machine Act 1995 43\n(2) The application must:\n(a) be made to the Director in the form determined by the\nDirector; and\n(b) include or be accompanied by the information and material\nmentioned in section 42C; and\n(c) be signed or executed in the manner described in\nsection 24(3)(b); and\n(d) be accompanied by the prescribed fee.\n(3) A substitution application cannot be made unless an application\nunder the Liquor Act 2019 to approve the substitution of the\nproposed new premises for the premises licensed under that Act is\nmade and approved or is still pending a decision.\n(4) Before making a substitution application the applicant must comply\nwith section 24A as if the substitution application were an\napplication for a licence for the new premises.\n","sortOrder":55},{"sectionNumber":"42C","sectionType":"section","heading":"Information and material","content":"42C Information and material\n(1) A substitution application must include or be accompanied by the\n(a) a copy of the application under the Liquor Act 2019 for\nsubstitution of the licensed premises or evidence that it was\nmade;\n(b) the information or material mentioned in section 24(3)(d)(iii),\n(e), (g), (j), (ka) and (ma);\n(c) a statutory declaration as mentioned in section 24(3)(h) (read\nas if subparagraph (i) had been amended to read \"that the\nproposed locations referred to in paragraph (g) are within the\nnew premises\");\n(d) a statement of the number of gaming machines that the\napplicant seeks to have authorised for use under the licence\nat the new premises (being not more than the number\nauthorised for use under the licence at the time the\napplication is made);\n(e) a community impact analysis, subject to section 42D(2);\n(f) details of the applicant's problem gambling risk management\nand responsible gambling strategies for the new premises;\n\nGaming Machine Act 1995 44\n(g) any other information or material required by the Director.\n(2) The Director may require the applicant, or an associate of the\napplicant, to submit any additional information or material the\nDirector considers is necessary in order to determine the\nsubstitution application.\n(3) Section 27(1) applies in relation to the applicant as if the\nsubstitution application were an application for a licence.\n","sortOrder":56},{"sectionNumber":"42D","sectionType":"section","heading":"Community impact analysis","content":"42D Community impact analysis\n(1) A community impact analysis for a substitution application must be\nin the form approved by the Director and must provide the following\ndetails:\n(a) the suitability of the new premises having regard to the size,\nlayout and facilities of the premises;\n(b) the suitability of the new premises having regard to the\nprimary activity conducted at the premises;\n(c) the suitability of the new premises having regard to the\npopulation of the local area, the proximity of the premises to\nother gaming venues and the proximity of the premises to\nsensitive areas such as schools, shopping centres, other\ncommunity congregation facilities, welfare agencies, banks\nand pawn brokers;\n(2) The Director may exempt an applicant from the requirement to\nprovide a community impact analysis if satisfied that:\n(a) the impact on the community of the new premises being\nlicensed premises will be substantially similar to the impact of\nthe current premises being licensed premises; or\n(b) there are exceptional circumstances that make it appropriate\nto not require a community impact analysis.\n\nGaming Machine Act 1995 45\n","sortOrder":57},{"sectionNumber":"42E","sectionType":"section","heading":"Consideration of substitution application","content":"42E Consideration of substitution application\n(1) For the purpose of considering a substitution application, the\nDirector may initiate and have followed through the investigations\nthe Director considers are necessary.\n(2) In considering the application the Director must have regard to:\n(a) the matters mentioned in section 25(3)(a) to (e); and\n(b) the community impact analysis, unless exempted under\nsection 42D(2); and\n(c) any submissions received in response to the notice required\nunder section 42B(4); and\n(d) in relation to the number of gaming machines to be authorised\nfor use under the licence at the new premises:\n(i) the matters mentioned in section 25(13); and\n(ii) any submission made under section 42G(1)(b); and\n(e) any other matters the Director considers relevant.\n(3) Section 25(4), (5), (9)(c), (10) and (11) apply in relation to the\nsubstitution application as if it were an application for a license.\n","sortOrder":58},{"sectionNumber":"42F","sectionType":"section","heading":"Relationship with application under Liquor Act 2019","content":"42F Relationship with application under Liquor Act 2019\n(1) The Director must not determine a substitution application until the\napplicant's application under the Liquor Act 2019 for substitution of\nthe licensed premises is determined.\n(2) If the application for substitution of the licensed premises is\nrefused, the Director must refuse the transfer application unless:\n(a) no proceedings are commenced to review the refusal within\nthe time allowed under the Northern Territory Civil and\nAdministrative Tribunal Act 2014; or\n(b) on review, NTCAT confirms the refusal and no appeal to the\nSupreme Court is made within the time allowed under the\nNorthern Territory Civil and Administrative Tribunal Act 2014;\nor\n(c) on appeal from NTCAT, the Supreme Court confirms the\nrefusal.\n\nGaming Machine Act 1995 46\n","sortOrder":59},{"sectionNumber":"42G","sectionType":"section","heading":"Decrease in number of gaming machines","content":"42G Decrease in number of gaming machines\n(1) If the Director proposes to determine a substitution application as\nmentioned in section 42H(1)(b), before doing so the Director must:\n(a) advise the applicant by written notice of the proposal; and\n(b) invite the applicant to make a submission with respect to the\nproposal within the time as is specified in the notice.\n(2) If a substitution application is granted and the number of machines\nauthorised for use under the licence at the new premises is less\nthan the number authorised immediately before the application was\ngranted, section 42(5) and (6) apply as if the decrease in the\nnumber of machines had been effected by a determination under\nsection 42(1).\n","sortOrder":60},{"sectionNumber":"42H","sectionType":"section","heading":"Determination of substitution application","content":"42H Determination of substitution application\n(1) After considering a substitution application the Director must:\n(a) grant the application and authorise the substitution of\npremises with the licence authorising for use the number of\ngaming machines specified in the application; or\n(b) grant the application and authorise the substitution of\npremises with the licence authorising for use a number of\ngaming machines less than that specified in the application; or\n(c) refuse the application.\n(2) As soon as practicable after making the decision, the Director must\ngive the applicant written notice of:\n(b) if the application is granted under subsection (1)(b) or\nrefused – the reasons for the decision.\n(3) If the Director authorises the substitution of premises, the Director\nmust issue to the applicant a replacement licence updated to show:\n(a) the new premises as the licenced premises; and\n(b) the date on which the substitution of premises takes effect;\nand\n(c) any other changes made to the terms and conditions of the\n\nGaming Machine Act 1995 47\n(4) The replacement licence must comply with section 28 and include\nthe schedule mentioned in section 29 updated as necessary.\nNote for section 42H\nWhen determining an application under this Division, the Director may also\nexercise any of the Director's other powers in relation to the licence including, for\nexample, the power under section 34 to impose or vary conditions and the powers\nunder Part 3, Division 3 to change the number of gaming machines authorised for\nuse under the licence.\n","sortOrder":61},{"sectionNumber":"42J","sectionType":"section","heading":"Effect of substitution","content":"42J Effect of substitution\n(1) If the Director authorises the substitution of premises, on the date\nspecified in the replacement licence under section 42H(3)(b):\n(a) the new premises becomes the premises on which the\nlicensee is licensed to conduct gaming; and\n(b) any other changes mentioned in section 42H(3)(c) take effect.\n(2) The applicant must deliver the applicant's former licence to the\nDirector not later than 14 days after the substitution of premises\ntakes effect.\n","sortOrder":62},{"sectionNumber":"43","sectionType":"section","heading":"Modification or relocation of gaming machines areas","content":"43 Modification or relocation of gaming machines areas\n(1) A licensee shall not, without the approval of the Director, modify or\nrelocate the gaming machine areas of the licensee's licensed\n(2) An application for an approval under subsection (1) shall be\n(a) a plan of the premises indicating the proposed locations on\nthe premises where it is intended to install the gaming\nmachines; and\n(b) a statutory declaration declaring the matters referred to in\nsubsection (3).\n(3) A statutory declaration under subsection (2)(b) shall declare that:\n(a) the proposed locations referred to in subsection (2)(a) are\nwithin the premises to which the licensee's liquor licence\nrelates; and\n\nGaming Machine Act 1995 48\n(b) the gaming machines installed in the locations will allow:\n(i) proper cleaning and maintenance of the gaming\nmachines;\n(ii) unrestricted access to fire exits in a way that complies\nwith the Fire and Emergency Act 1996, the Building\nAct 1993 and the Regulations made under those Acts;\nand\n(iii) the proper use of things provided on the premises for\nsafety and security.\n(4) Where the Director, on consideration of an application under this\nsection, considers that it should not be granted:\napplication; and\nthe application as the applicant thinks fit.\n(5) Any additional information or material submitted under\nsubsection (4) shall be considered in making the decision.\n(6) Where the Director:\n(a) determines that the number of gaming machines authorised\nfor use under a licence be decreased; or\n(b) considers that it is necessary for the proper conduct of gaming\nthat the gaming machine areas of licensed premises be\nmodified or relocated,\nthe Director shall, by written notice, direct the licensee to modify or\nrelocate the gaming machine areas of the licensee's licensed\npremises in accordance with the direction.\n(7) A licensee to whom a direction is given under subsection (6) shall\nnot contravene or fail to comply with the direction.\n\nGaming Machine Act 1995 49\n(8) The Director may require a licensee who has made an application\nunder this section to submit such information as the Director\nconsiders appropriate, and the licensee shall comply with the\nrequirement.\n(9) The Director may, having regard to:\n(a) the size, layout and facilities of the licensee's licensed\n(b) such other matters as the Director considers are relevant,\ngrant or refuse to grant an application under subsection (1).\n(10) On and from the date of completion of a modification or relocation\napproved or directed under this section, the gaming machine areas\nof the licensed premises are as modified or relocated.\n(11) If an application under this section is refused, the Director shall, as\nsoon as practicable after the application is refused, give the\napplicant written notice of, and the reasons for, the decision.\n","sortOrder":63},{"sectionNumber":"44","sectionType":"section","heading":"Disclosure of influential or beneficial parties","content":"44 Disclosure of influential or beneficial parties\n(1) At the time of making an application for, or for the transfer of, a\ngaming machine licence, the applicant must forward to or lodge\nwith the Director an affidavit made under this section.\n(2) An applicant or licensee who undergoes any change in\ncircumstances in relation to information contained in the last\naffidavit forwarded or lodged under this section shall, not later than\n7 days after the change, forward to or lodge with the Director\nanother affidavit under this section.\n(3) An affidavit under this section shall be made by the applicant or\nlicensee or, where the applicant or licensee is a body corporate, by:\n(a) the principal executive officer of the body corporate; or\n(b) if that officer does not have knowledge of the facts, by some\nother person who has knowledge of the facts and who is\nauthorised by the body corporate to make the affidavit.\n\nGaming Machine Act 1995 50\n(4) Subject to subsection (5), an affidavit under this section shall be in\nthe form determined by the Director and shall disclose:\n(a) whether or not there is any person (other than, where the\napplicant or licensee is a body corporate, the secretary, an\nexecutive officer, a member or shareholder of the body\ncorporate carrying out the duties or exercising the normal\nrights the person has as such secretary, executive officer,\nmember or shareholder) who will by any lease, agreement or\narrangement be able to influence any decision made:\n(i) in the case of the applicant or licensee being a natural\nperson, by that person; or\n(ii) in the case of the applicant or licensee being a body\ncorporate, by the body corporate or the secretary or an\nexecutive officer of the body corporate,\nin relation to the conduct of gaming by the applicant or\nlicensee;\n(b) whether or not there is any person other than the applicant or\nlicensee who by any lease, agreement or arrangement (other\nthan a contract, agreement or other arrangement entered into\nfor the purposes of this Act or the Regulations and approved\nby the Director) may expect any benefit from the applicant or\nlicensee in relation to the conduct of gaming by the applicant\nor licensee;\n(c) if there are any persons able to influence as referred to in\nparagraph (a) or expect benefit as referred to in\nparagraph (b):\n(i) where any such person is a natural person, the person's\nfull name, address and date of birth;\n(ii) where any such person is a body corporate other than a\nclub, the name of the body corporate and the full name,\naddress and date of birth of the secretary and each\nexecutive officer of the body corporate;\n(iii) where any such person is a club or other voluntary\nassociation of persons:\n(A) the name of the club or voluntary association of\npersons;\n(B) the full name, address and date of birth of the\nsecretary and each executive officer of the club or\nvoluntary association of persons;\n\nGaming Machine Act 1995 51\n(C) particulars of any liquor licence held by the club or\nvoluntary association of persons; and\n(D) details of the objectives (if any) of the club or\nvoluntary association of persons and whether or\nnot the club is a non-proprietary club or the\nvoluntary association of persons conducts its\nbusiness in the same way as a non-proprietary\nclub; and\n(iv) full and correct particulars of the lease, agreement or\narrangement; and\n(d) in the case of the applicant or licensee being a body corporate\nother than a club, the names of all persons who have a\nsubstantial holding (within the meaning of section 9 of the\nCorporations Act 2001) in the body corporate.\n(5) An affidavit under this section need not disclose anything that is\nprescribed for the purposes of this subsection.\n","sortOrder":64},{"sectionNumber":"45","sectionType":"section","heading":"Investigation of licensees and associates","content":"45 Investigation of licensees and associates\n(1) At any time while a gaming machine licence is in force the Director\nmay cause to be undertaken such investigations as the Director\nconsiders are necessary in order to be satisfied that the licensee or\nany associate of the licensee is a fit and proper person to be a\nlicensee or an associate of the licensee.\n(2) The Director may require a person to whom investigations under\nsubsection (1) relate to submit such information or material as the\nDirector considers necessary.\n(3) A person shall not contravene or fail to comply with a requirement\nof the Director given under subsection (2).\n","sortOrder":65},{"sectionNumber":"46","sectionType":"section","heading":"Cessation or commencement of executive officer or secretary","content":"46 Cessation or commencement of executive officer or secretary\nIf an applicant under section 24 or 37C or a licensee is a body\ncorporate, the body corporate shall notify the Director, in the form\ndetermined by the Director:\n(a) that a person has ceased to be the secretary or an executive\nofficer of the body corporate;\n(b) that a person has commenced as the secretary or an\nexecutive officer of the body corporate; and\n\nGaming Machine Act 1995 52\n(c) the full name, address and date of birth of any person referred\nto in paragraph (b),\nnot later than 7 days after the cessation or commencement.\n","sortOrder":66},{"sectionNumber":"47","sectionType":"section","heading":"Surrender of gaming machine licences","content":"47 Surrender of gaming machine licences\n(1) A licensee may surrender the licensee's gaming machine licence\nby forwarding to or lodging with the Director the licence and a\nnotification in the form determined by the Director.\n(1A) As soon as the licensee's gaming machine licence and the\nnotification is forwarded to or lodged with the Director, the licensee\nmust cease operating all gaming machines on the licensee's\nMaximum penalty: 2 500 penalty units.\n(2) A notification under subsection (1) shall be signed or executed in\nthe same way as that specified for an application made under\nsection 24(3)(b).\n(3) The Director may require a licensee surrendering a gaming\nmachine licence under this subsection to submit such information\nor material in relation to the licence as the Director thinks fit.\n(4) The licensee shall not contravene or fail to comply with a\nrequirement of the Director given under subsection (3).\n(5) The Director must, as soon as practicable after receiving a gaming\nmachine licence and notification under subsection (1):\n(a) remove all gaming machines from the licensee's licensed\n(b) approve the method of removing the gaming machines and\nthe method of disposing of those machines.\n(6) The surrender of a gaming licence takes effect when it is accepted\nby the Director or at a later time determined by the Director.\n\nGaming Machine Act 1995 53\n(7) Before accepting the surrender of a gaming machine licence, the\nDirector must consider whether the licensee has complied with all\nfinancial and legal obligations under the licence and may refuse to\naccept the surrender until all of those obligations have been\ncomplied with.\n","sortOrder":67},{"sectionNumber":"48","sectionType":"section","heading":"Cancellation or suspension of gaming machine licences in","content":"48 Cancellation or suspension of gaming machine licences in\ncertain circumstances\nIf the liquor licence for premises licensed under this Act is:\n(a) cancelled, transferred or surrendered, the gaming machine\nlicence for the premises is cancelled; or\n(b) suspended, the gaming machine licence for the premises is\nsuspended for the same period as the liquor licence is\nsuspended.\n","sortOrder":68},{"sectionNumber":"49","sectionType":"section","heading":"Cancellation, suspension, etc. of gaming machine licences","content":"49 Cancellation, suspension, etc. of gaming machine licences\n(1) A ground for cancellation or suspension of a gaming machine\nlicence arises if:\n(a) the licensee:\n(i) ceases to use the licensed premises for the conduct of\ngaming;\n(ii) obtained the licence on false, erroneous or misleading\ninformation;\n(iii) acquires, installs, uses or otherwise deals with a gaming\nmachine in contravention of this Act;\n(iv) fails to comply with a provision of Part 8;\n(v) fails to comply with a condition to which the licence is\nsubject;\n(vi) fails to forward or lodge an affidavit in accordance with\nsection 44(2); or\n(vii) fails to comply with section 39(5)(a);\n(b) the licensee or an associate of the licensee:\n\nGaming Machine Act 1995 54\n(iii) fails to discharge the licensee's or associate's financial\ncommitments, becomes bankrupt or compounds with\ncreditors or otherwise takes advantage of the laws in\nforce for the time being relating to bankruptcy;\njudicial management or administration;\n(v) fails to comply with a written direction given to the\nlicensee or associate under this Act; or\nmaterial that to the knowledge of the licensee or\nassociate is false, erroneous or misleading in a material\nparticular; or\n(c) the Director:\n(i) considers that the licensee has not made all reasonable\nefforts to comply with section 112;\n(ii) considers that the licensee has not made all reasonable\nefforts to enforce rules required to be enforced under\nsection 90;\n(iii) considers that the licensee or an associate of the\nlicensee is not a fit and proper person in respect of\nfinancial stability, general reputation, character or\nbusiness reputation to be a licensee or to be an\nassociate of the licensee;\n(iv) becomes aware of any information or matter that, had it\nbeen known when the application for the licence, or for\nthe transfer of the licence to the licensee, was being\nconsidered, may have resulted in the application being\nrefused;\n(v) considers, if the licensee is a club:\n(A) that the club has ceased to be a non-proprietary\nclub;\n(B) that the proceeds from the conduct of gaming are\nbeing applied in a way that does not promote the\nobjectives of the club;\n\nGaming Machine Act 1995 55\n(C) that payments for the rental or lease of the club's\nlicensed premises are unreasonable;\n(D) if a lease, agreement or arrangement made by the\nclub provides that a person or voluntary\nassociation of persons is entitled to receive, or may\nreceive, a payment, benefit or advantage during, or\nat the end of, the lease, agreement or\narrangement, that the provision is unreasonable;\n(E) if members of the executive, governing or\nmanagement body (however described) of the club\nare required to be nominated, or may be\nnominated, by a person who is not a member of\nthe club or by a voluntary association of persons,\nthat this is not in the best interests of the club's\nmembers;\n(F) if the club does not own the club's licensed\npremises and an executive officer or employee of\nthe club is also the lessor, or an associate of the\nlessor, of the club, that this is not in the best\ninterests of the club's members;\n(G) if an executive officer or employee of the club is a\ncreditor, or an associate of a creditor, of the club,\nthat this is not in the best interests of the club's\nmembers;\n(H) that payments made under the club's objects are\nnot in the best interests of the club's members;\n(J) that payments made for things purchased by the\nclub are unreasonable;\n(K) that salaries, wages, allowances or benefits paid or\npayable by the club to the club's executive officers\nor employees are unreasonable; or\n(M) that payments for services provided to the club are\nunreasonable or are on the basis of a percentage\nof the club's income, profits or earnings from the\nconduct of gaming or spending related to the\nconduct of gaming;\n(vi) considers that there has been an unauthorised\ninterference (whether by the licensee or someone else)\nwith an electronic monitoring system installed on the\nlicensee's licensed premises; or\n\nGaming Machine Act 1995 56\n(vii) considers that the financial circumstances of the\nlicensee have changed since the granting of the licence\nand that the licensee is no longer financially viable.\n(2) Where the Director is of the opinion that any act, omission or other\nthing that constitutes a ground under subsection (1) is of such a\naffected, the Director shall issue to the licensee a written notice to\nshow cause why action should not be taken with respect to the\ngaming machine licence under this section.\n(4) The Director shall issue a copy of a notice issued under this section\nto any other person whom the Director considers has an interest in\nthe gaming machine licence.\n(5) A notice issued under this section shall set out the grounds giving\nrise to its issue and shall specify a date, being not earlier than\n7 days after its issue, on or before which cause is required to be\nshown.\n(6) Subject to this section, a notice under this section shall be in such\nform and contain such matters as the Director thinks fit.\n(7) A person to whom a notice under this section is issued may give a\nwritten answer to the Director at any time not later than the date\nspecified in the notice.\n(8) A person to whom a copy of a notice is issued under subsection (4)\nmay make such submissions to the Director as the person thinks fit\nat any time not later than the date specified in the notice.\n(9) The Director shall consider answers given in reply to the notice to\nshow cause under subsection (7) and submissions made under\nsubsection (8) and, if the Director considers that:\n(a) answers given or submissions made in reply to or in respect\nof the notice are satisfactory, the Director shall not take any\naction or any further action in relation to the notice;\n(b) answers given or submissions made in reply to or in respect\nof the notice are not satisfactory but action to cancel or\nsuspend the gaming machine licence is not warranted, the\nDirector may issue a letter of censure to the licensee,\ncensuring the licensee in respect of any matter connected\nwith or giving rise to the notice to show cause;\n\nGaming Machine Act 1995 57\n(c) answers given or submissions made in reply to, or in respect\nof, the notice are not satisfactory or, if no answers are given\nand no submissions are made, the Director may:\n(i) by written notice give such directions to the licensee as\nthe Director considers appropriate to ensure that any\nmatter connected with, or giving rise to, the issue of the\nnotice is rectified within the time specified in the notice;\nor\n(ii) cancel, or suspend for such period as the Director\ndetermines, the gaming machine licence.\n(10) If a direction given by the Director under subsection (9)(c) is not\ncomplied with within the time specified in the notice, the Director\nmay cancel or suspend the gaming machine licence.\n(11) Where the Director is of the opinion that any act, omission or other\nthing that constitutes a ground under subsection (1) is not of such a\naffected, the Director may by letter censure the licensee in respect\nof any matter connected with or giving rise to the ground.\n(13) If the Director cancels or suspends a gaming machine licence, the\nDirector shall, as soon as practicable after the licence is cancelled\nor suspended, give the licensee written notice of, and the reasons\nfor, the cancellation or suspension.\n(14) The cancellation or suspension of a licence under this section takes\neffect from the date of the issue of the notice under subsection (13)\nor from another date specified in the notice.\n(15) On receipt of a notice of cancellation under subsection (13), the\nperson to whom the notice is addressed shall deliver the licence to\nthe Director not later than 14 days after receiving the notice.\n(16) The Director may:\n(a) revoke the suspension in respect of the unexpired period of\nsuspension; or\n(b) reduce the period of suspension,\nimposed under this section.\n\nGaming Machine Act 1995 58\n","sortOrder":69},{"sectionNumber":"50","sectionType":"section","heading":"Suspension of gaming machine licence pending decision","content":"50 Suspension of gaming machine licence pending decision\n(1) Where the Director is of the opinion that an act, omission or other\nthing that constitutes a ground under section 49(1) is of such a\nis jeopardised or the public interest is adversely affected, the\nDirector may suspend the gaming machine licence until any action\ntaken, or to be taken, under section 49 is finally determined.\n(2) Where the Director suspends a gaming machine licence under\nsubsection (1), the Director shall, as soon as practicable after the\nlicence is suspended, give the licensee written notice of, and the\nreasons for, the suspension.\n(3) The suspension of a gaming machine licence under this section\ntakes effect from when the notice referred to in subsection (2) is\ngiven to the licensee or the suspension of the licence is made\nknown to the licensee (whichever is the first to happen).\n","sortOrder":70},{"sectionNumber":"51","sectionType":"section","heading":"Effect of suspension of licence","content":"51 Effect of suspension of licence\nThe suspension of a gaming machine licence under section 48, 49\nor 50 has the same effect as the cancellation of the licence but\nwithout prejudice to:\n(a) any penalty or other liability incurred by the licensee; or\n(b) the exercise of the powers of the Director or an inspector.\n","sortOrder":71},{"sectionNumber":"52","sectionType":"section","heading":"Gaming machines not to be played","content":"52 Gaming machines not to be played\nWhere a gaming machine licence is issued to a person and the\nlicence is not in force, that person shall not play, or knowingly\npermit any other person to play, gaming machines provided to that\nperson.\n","sortOrder":72},{"sectionNumber":"53","sectionType":"section","heading":"Recovery of gaming machines etc.","content":"53 Recovery of gaming machines etc.\n(1) The cancellation or surrender of a gaming machine licence does\nnot affect:\n(a) the force or effect of the conditions of licence in respect of any\namounts that are payable at the time of cancellation or\nsurrender or which become payable; or\n\nGaming Machine Act 1995 59\n(b) the recovery of debts due under this Act to the Territory.\n(2) A person who held a gaming machine licence that is cancelled shall\nprovide all reasonable assistance to the Director, or any person\nacting on behalf of or approved by the Director, to enable the\nremoval of any gaming equipment or ancillary or related property\nfrom the premises to which the licence related.\n","sortOrder":73},{"sectionNumber":"54","sectionType":"section","heading":"Appointment of administrator instead of suspension","content":"54 Appointment of administrator instead of suspension\n(1) Without limiting section 49 or 50, the Director may, in respect of a\nclub, instead of suspending a gaming machine licence under\nsection 49 or 50, appoint a person to administer the affairs of the\nclub.\n(2) A person appointed under subsection (1) has, to the exclusion of\nany other person or body of persons, the powers of the secretary\nand executive officers of the club until the Director orders\notherwise.\n","sortOrder":74},{"sectionNumber":"55","sectionType":"section","heading":"Expenses of administration","content":"55 Expenses of administration\n(1) The expenses of and incidental to the administration of the affairs\nof a club by a person appointed under section 54 are payable by\nthe club.\n(2) The remuneration of a person appointed under section 54 is an\nexpense referred to in subsection (1) and shall be fixed by the\n","sortOrder":75},{"sectionNumber":"56","sectionType":"section","heading":"Liability for losses incurred during administration","content":"56 Liability for losses incurred during administration\n(1) A person appointed by the Director to administer the affairs of a\nclub is not liable for any loss incurred by the club during the\nperson's term of office unless the loss was attributable to the\nperson's:\n(a) wilful misconduct;\n(b) gross negligence; or\n(c) wilful failure to comply with the provisions of this Act.\n(2) Neither the Territory nor the Director is liable for any loss incurred\nby a club during the term of office of a person appointed under\nsection 54 to administer the affairs of the club, whether or not the\nperson is liable.\n\nGaming Machine Act 1995 60\n","sortOrder":76},{"sectionNumber":"Part 4","sectionType":"part","heading":"Licensing of repairers, service contractors,","content":"Part 4 Licensing of repairers, service contractors,\nmonitoring providers and machine managers\n","sortOrder":77},{"sectionNumber":"57A","sectionType":"section","heading":"Application","content":"57A Application\nThe following are licences under this Part:\n(a) a repairer's licence referred to in section 58;\n(b) a service contractor's licence referred to in section 59;\n(c) a monitoring provider's licence referred to in section 59A;\n(d) a machine manager's licence referred to in section 60.\n","sortOrder":78},{"sectionNumber":"58","sectionType":"section","heading":"Repairers","content":"58 Repairers\n(1) A person must not install, alter, adjust, maintain or repair gaming\nequipment unless the person:\n(a) is authorised under a repairer's licence to install, alter, adjust,\nmaintain or repair the equipment; and\n(b) installs, alters, adjusts, maintains or repairs the equipment on\nbehalf of:\n(i) a licensed service contractor who is the service\ncontractor under a service contract with the licensee in\nrespect of the equipment; or\n(ii) a licensed monitoring provider who is the monitoring\nprovider under an agreement with the licensee to\nprovide a basic monitoring service and the agreement\nincludes the installation, alteration, adjustment,\nmaintenance or repair of the equipment.\n(2) Subsection (1) does not apply in relation to installations, alterations,\nadjustments, maintenance or repairs that are prescribed.\n\nGaming Machine Act 1995 61\n","sortOrder":79},{"sectionNumber":"59","sectionType":"section","heading":"Service contractors","content":"59 Service contractors\n(1) A person must not enter into a service contract with a licensee in\nrespect of gaming equipment on the licensee's licensed premises\nunless the person is authorised under a service contract licence to\nenter into the contract and the Director has approved the terms of\nthe service contract.\n(2) A licensee must not enter into a service contract with a person in\nrespect of gaming equipment on the licensee's licensed premises\nunless the person is authorised under a service contract licence to\nenter into the contract and the Director has approved the terms of\nthe service contract.\n(3) A licensed service contractor must not subcontract any of the\nobligations of the licensed service contractor under a service\ncontract to another person unless the other person is authorised\nunder a service contract licence or repairer's licence to undertake\nthose obligations.\n(4) A licensed service contractor or licensed repairer to whom any of\nthe obligations of a licensed service contractor under a service\ncontract have been subcontracted must not further subcontract\nthose obligations.\n(5) A licensed service contractor must not employ a person to install,\nalter, adjust, maintain or repair gaming equipment unless the\nperson is authorised under a repairer's licence to install, alter,\nadjust, maintain or repair the equipment.\n(6) Where:\n(a) a licensed service contractor proposes to carry out work under\na service contract on gaming equipment on a licensee's\nlicensed premises; and\n\nGaming Machine Act 1995 62\n(b) the proposed work may affect the operation of electronic\nmonitoring equipment used to provide a basic monitoring\nservice in respect of the gaming equipment,\nthe licensed service contractor:\n(c) must notify the licensed monitoring provider who provides the\nbasic monitoring service in respect of the gaming equipment\nof the proposed work; and\n(d) must not carry out the proposed work without the approval of\nthe Director or the licensed monitoring provider.\n","sortOrder":80},{"sectionNumber":"59A","sectionType":"section","heading":"Monitoring providers","content":"59A Monitoring providers\n(1) A person must not enter into an agreement with a licensee to\nprovide a basic monitoring service in respect of gaming equipment\non the licensee's licensed premises unless the person is authorised\nunder a monitoring provider's licence to enter into the agreement\nand the Director has approved the terms of the agreement.\n(2) A licensee must not enter into an agreement with a person to\nprovide a basic monitoring service in respect of gaming equipment\non the licensee's licensed premises unless the person is authorised\nunder a monitoring provider's licence to enter into the agreement\nand the Director has approved the terms of the agreement.\n(3) A licensed monitoring provider must not enter into an agreement\nwith a licensee to provide a basic monitoring service in respect of\ngaming equipment on the licensee's licensed premises if any of the\ngaming machines on the premises are provided by the Director.\n\nGaming Machine Act 1995 63\n(4) The licensed monitoring provider under an agreement to provide a\nbasic monitoring service must not provide additional services (for\nexample, the installation, alteration, adjustment, maintenance or\nrepair of gaming equipment that is not electronic monitoring\nequipment) unless those additional services are approved by the\n(5) A licensed monitoring provider must not:\n(a) employ a person to install, alter, adjust, maintain or repair\ngaming equipment; or\n(b) subcontract to a person any of the licensed monitoring\nprovider's obligations to install, alter, adjust, maintain or repair\ngaming equipment under an agreement to provide a basic\nmonitoring service,\nunless the person is authorised under a repairer's licence to install,\nalter, adjust, maintain or repair the equipment.\n(6) A licensee who does not enter into an agreement with a licensed\nmonitoring provider to provide a basic monitoring service in respect\nof gaming equipment on the licensee's licensed premises commits\nan offence.\n(7) Subsection (6) does not apply to a licensee if the gaming\nequipment is provided by the Director.\n(8) The Director must enter into an agreement on behalf of the\nTerritory with a licensed monitoring provider to provide a basic\nmonitoring service in respect of gaming equipment on a licensee's\nlicensed premises that is provided by the Director.\n","sortOrder":81},{"sectionNumber":"60","sectionType":"section","heading":"Machine managers","content":"60 Machine managers\n(1) Subject to subsections (4) and (6), duties that are prescribed shall\nbe carried out only by a licensed machine manager employed\nunder subsection (3) to carry out the duties in respect of the\n\nGaming Machine Act 1995 64\n(2) Subject to subsections (4) and (6), a person shall not:\n(a) employ or allow; or\n(b) cause another person to employ or allow,\na person who is not a licensed machine manager employed under\nsubsection (3) in respect of the particular licensed premises to carry\nout the duties prescribed for the purposes of subsection (1).\n(3) Subject to subsection (4), a licensee shall ensure at all times in\nrespect of each of the licensee's licensed premises that there is at\nleast one licensed machine manager employed by the licensee to\ncarry out the duties prescribed for the purposes of subsection (1).\n(4) If a licensee is unable to comply with subsection (3), the licensee,\nwith the approval of the Director, may employ a sufficient number of\npersons (who are applicants for a machine manager's licence) so\nthat there is at least one person who is a licensed machine\nmanager or an applicant for a machine manager's licence to carry\nout the duties prescribed for the purposes of subsection (1) in\nrespect of each of the licensee's licensed premises.\n(5) Subject to subsection (6), a licensee shall ensure that at all times\nwhen gaming is being conducted on the licensee's licensed\npremises there is in attendance on the premises at least one\nlicensed machine manager employed by the licensee under\nsubsection (3) or an applicant for a machine manager's licence\nemployed by the licensee under subsection (4) in respect of the\n(6) If a licensee is unable to comply with subsection (5), the licensee\nmay, with the written approval of the Director, employ a person to\ncarry out the duties prescribed for the purposes of subsection (1)\nfor a period of not more than 7 days.\n\nGaming Machine Act 1995 65\n(7) Until a licensee is able to comply with subsection (5) or obtains the\nDirector's approval under subsection (6), the licensee shall cease\nthe conduct of gaming on the licensee's licensed premises.\n","sortOrder":82},{"sectionNumber":"61","sectionType":"section","heading":"Certain persons to apply for machine manager's licence","content":"61 Certain persons to apply for machine manager's licence\n(1) Where the Director considers that a person connected with, or who\nis an employee of, a licensee:\n(a) has the power to exercise a significant influence over the\nconduct of gaming by the licensee; or\n(b) because of that person's remuneration or policy making\nposition or other reason, exercises or is able to exercise\nauthority of such a nature or to such an extent in respect of\nthe conduct of gaming by the licensee as to make it desirable\nin the public interest that that person be a licensed machine\nmanager,\nthe Director shall, by written notice, require that person to apply for\na machine manager's licence not later than 7 days after the receipt\nby that person of the notice.\n(2) The Director shall cause a copy of a notice under subsection (1) to\nbe served on the licensee.\n(3) A person who fails to comply with a notice under subsection (1) and\ncontinues to be connected or employed as referred to in that\nsubsection is guilty of an offence.\n(4) Where a person fails to comply with a notice under subsection (1)\nand continues to be connected or employed as referred to in\nsubsection (1), the Director shall cause a written notice of the\nfailure to be served on the licensee.\n(5) The licensee shall, immediately a notice under subsection (4) is\nserved, notwithstanding any other Act or law, terminate the\nconnection with or employment of the person.\n\nGaming Machine Act 1995 66\n(6) If the Director refuses to grant an application made by a person\nreferred to in subsection (1):\n(a) the person shall, on receipt of notification of the refusal, cease\nto be connected or employed as referred to in subsection (1);\nand\n(b) the licensee, on receipt of the notification of the refusal, shall\nterminate the connection or employment.\n(7) A licensee does not incur any liability in respect of the termination\nunder this section of any connection or employment referred to in\n","sortOrder":83},{"sectionNumber":"62","sectionType":"section","heading":"Applications for licence under this Part","content":"62 Applications for licence under this Part\n(1) An application for the grant of a licence under this Part:\n(a) shall be made in the form determined by the Director;\n(b) shall be signed by the applicant or, in the case of an\napplication by a body corporate, shall be executed under the\ncommon seal of the body corporate and signed by 2 executive\nofficers of the body corporate authorised in that behalf by the\nbody corporate or in such other way as the Director allows;\n(c) shall state the full name, address and date of birth of the\napplicant or, in the case of an application by a body corporate,\nthe full name, address and date of birth of the secretary and\neach executive officer of the body corporate;\n(d) in the case of an application for a repairer's or machine\nmanager's licence, shall be accompanied by photographs of\nthe applicant, of such type and number, and certified, as\ndetermined by the Director;\n(e) in the case of an application by a body corporate, shall be\n(i) a copy of the certificate of incorporation of the body\ncorporate;\n(ii) a copy of the rules, constitution or other incorporating\ndocuments in force at the time of making the application\ncertified as a true copy by the secretary of the body\ncorporate or other person properly authorised in that\n\nGaming Machine Act 1995 67\nbehalf by the body corporate;\n(iii) a copy of the resolution or minute of the proceedings of\nthe governing body of the body corporate by which\napproval was given to the making of the application,\ncertified as a true copy by the person certifying the copy\nof the matters referred to in subparagraph (ii); and\n(iv) a copy of the last audited balance sheet or statement of\nthe financial affairs of the body corporate;\n(f) in the case of an application for a repairer's, service\ncontractor's or monitoring provider's licence, shall be\naccompanied by an affidavit under section 74;\n(g) shall contain or be accompanied by such other information,\napplication and applicant as determined by the Director;\n(h) shall be forwarded to or lodged with the Director; and\n(j) shall be accompanied by the prescribed fee.\n(2) It is a condition precedent to consideration of an application for a\nrepairer's or machine manager's licence that the applicant is\nagreeable to the applicant's fingerprints and palm prints being\ntaken by or on behalf of the Director.\n(3) An application for a service contractor's or monitoring provider's\nlicence may be made only by a body corporate.\n","sortOrder":84},{"sectionNumber":"63","sectionType":"section","heading":"Changes in circumstances of applicants for and holders of","content":"63 Changes in circumstances of applicants for and holders of\nlicences\n(1) Where a person applies for a licence under this Part and, before\nthe application is granted or refused, there is:\n(a) a change in the information in, or accompanying, the\napplication or in a notice under this subsection; or\n(b) any other change in the circumstances of the applicant that\nmay affect the decision whether to grant or refuse the\napplication,\nthe applicant must give the Director written notice of the change\nwithin 7 days after the change.\n\nGaming Machine Act 1995 68\n(2) If, after the grant of a licence under this Part, an event referred to in\nsubsection (3) happens, the holder of the licence shall, not later\nthan 7 days after the happening of the event, give the Director\nwritten notice of the event.\n(3) The events required to be notified under subsection (2) are:\n(a) the holder of the licence changes name or address; or\n(b) the holder of the licence:\n(iii) if the holder is an individual, fails to discharge his or her\nfinancial commitments, becomes bankrupt or\ncompounds with creditors or otherwise takes advantage\nof the laws about bankruptcy; or\n(iv) if the holder is a body corporate, is the subject of a\nwinding-up (whether voluntarily or under a court order),\nappointment of a liquidator, appointment of a receiver or\nreceiver and manager, or is placed under judicial\nmanagement or administration.\n","sortOrder":85},{"sectionNumber":"64","sectionType":"section","heading":"Consideration of application","content":"64 Consideration of application\n(1) On receiving an application for a licence under this Part, and\ncompliance by the applicant with this Part in relation to the\napplication, the Director shall:\n(a) if the application is for a repairer's or machine manager's\nlicence, cause the fingerprints and palm prints of the applicant\nto be taken;\n(b) initiate and have followed through such investigations as the\nDirector considers are necessary in relation to the application;\nand\n(c) consider the application and anything accompanying it\ntogether with the results of investigations made under\nparagraph (b) and make an assessment of:\n(i) if the applicant is a natural person, the financial stability,\ngeneral reputation and character of the applicant;\n\nGaming Machine Act 1995 69\n(ii) if the applicant is a body corporate, the business\nreputation and financial stability of the body corporate\nand the general reputation, financial stability and\ncharacter of the secretary and executive officers of the\nbody corporate;\n(iii) if any person is referred to in an affidavit under\nsection 74, whether that person is a fit and proper\nperson to be an associate of the applicant;\n(iv) if the Director considers it appropriate, whether any\nother associate of the applicant is a fit and proper\nperson to be an associate of the applicant; and\n(v) whether the applicant is a fit and proper person to be a\nholder of the licence for which application is made.\n(1A) In considering an application for a licence under this Part, the\nDirector must have regard to the matters (if any) that are\n(2) The Director shall not grant a licence if:\n(a) the applicant is an individual, the applicant has not attained\nthe age of 18 years or has failed to have fingerprints and palm\nprints taken under subsection (1)(a) or section 62(2);\n(b) the applicant is a body corporate, the secretary or any of the\nexecutive officers of the body corporate has not attained the\nage of 18 years;\n(c) the applicant or an associate of the applicant has failed to\nsubmit information or material requested by the Director under\nsubsection (3); or\n(d) subject to the Criminal Records (Spent Convictions)\nAct 1992 – the applicant has been found guilty of an offence:\n(i) involving dishonesty since he or she attained the age of\n18 years;\n(ii) against this Act; or\n(iii) that is punishable, on conviction, by a maximum penalty\nof not less than 5 years imprisonment.\n\nGaming Machine Act 1995 70\n(3) The Director may require an applicant for a licence under this Part,\nor an associate of the applicant, to submit such additional\ninformation or material as the Director considers is necessary in\norder to make a decision in respect of the application.\n(4) Where:\n(a) an application for a repairer's or machine manager's licence is\nrefused; or\n(b) a person ceases to be a licensed repairer or licensed machine\nmanager,\nfingerprints and palm prints of the applicant or person taken under\nsubsection (1)(a), in respect of that application or licence, are to be\ndestroyed as soon as practicable.\n","sortOrder":86},{"sectionNumber":"65","sectionType":"section","heading":"Grant or refusal to grant licence","content":"65 Grant or refusal to grant licence\n(1) Subject to this Act, the Director may grant or refuse to grant a\nlicence under this Part to an applicant.\n(2) The Director shall as soon as practicable give an applicant written\nnotice of:\n(a) the Director's decision; and\n(3) Where the Director has given an approval under section 60(4), the\nDirector shall give a copy of a notice under subsection (2) to the\nlicensee to whom the approval was granted.\n","sortOrder":87},{"sectionNumber":"66","sectionType":"section","heading":"Form of licence","content":"66 Form of licence\nA licence under this Part shall be in the form determined by the\nDirector and shall:\n(a) specify the name of the holder of the licence;\n(b) contain, in the case of a repairer's licence or machine\nmanager's licence, a photograph of the holder of the licence;\n(c) specify the expiry date of the licence;\n(d) specify the conditions imposed under section 69; and\n(e) specify such other particulars as determined by the Director.\n\nGaming Machine Act 1995 71\n","sortOrder":88},{"sectionNumber":"67","sectionType":"section","heading":"Issue of copy of licence","content":"67 Issue of copy of licence\n(1) Where the Director is satisfied that a licence under this Part has\nbeen damaged, lost or destroyed, the Director may, on payment of\nthe prescribed fee, issue to the holder of the licence a copy of the\n(2) A copy of a licence issued under subsection (1) has, for all\npurposes, the same effect as the original licence of which it is a\ncopy.\n","sortOrder":89},{"sectionNumber":"68","sectionType":"section","heading":"Term of licences","content":"68 Term of licences\n(1) Subject to this Act, the term of a licence under this Part is for:\n(a) the period that is prescribed in respect of the licence, which\nperiod may be shorter or longer than 5 years; or\n(b) if no period is prescribed in respect of the licence – 5 years.\n(2) A licence under this Part may be renewed.\n","sortOrder":90},{"sectionNumber":"69","sectionType":"section","heading":"Conditions of licence","content":"69 Conditions of licence\nA licence under this Part is subject to:\n(a) the conditions (if any ) that are prescribed; and\n(b) the conditions (including as varied under section 70) the\nDirector may impose in the public interest or for the proper\nconduct of gaming at the time of granting the licence or under\nsection 70.\n","sortOrder":91},{"sectionNumber":"70","sectionType":"section","heading":"Variation of condition of licence","content":"70 Variation of condition of licence\n(1) The Director, in the public interest or for the proper conduct of\ngaming, may, after granting a licence under this Part:\n(a) impose conditions or further conditions on the licence; or\n(b) vary the conditions of the licence.\n(2) Where the Director imposes or varies conditions under\nsubsection (1), the Director shall give the holder of the licence\nwritten notice of:\n(a) the conditions or varied conditions; and\n(b) reasons for the imposition or variation.\n\nGaming Machine Act 1995 72\n(3) A condition imposed or varied under this section has effect from the\ndate specified in the notice given under subsection (2).\n(4) A holder of a licence shall, not later than 14 days after being given\na notice under subsection (2), deliver the licence to the Director.\n(5) The Director shall, on receiving a licence under subsection (4),\nendorse the licence with the conditions imposed or varied and\nreturn the licence to the holder.\n","sortOrder":92},{"sectionNumber":"71","sectionType":"section","heading":"Renewal of licences","content":"71 Renewal of licences\n(1) A holder of a licence under this Part may apply to the Directorl for\nrenewal of the licence.\n(2) An application under subsection (1) shall:\n(a) be in the form determined by the Director;\n(b) in the case of a repairer's or machine manager's licence, be\naccompanied by photographs of the applicant of such type\nand number as determined by the Director;\n(c) be accompanied by the prescribed fee;\n(d) be made, unless the Director otherwise allows, not less than\none month before the expiration of the licence;\n(e) in the case of an application by a body corporate, be\naccompanied by a list of the names, addresses and dates of\nbirth of:\n(i) the secretary of the body corporate;\n(ii) the executive officers of the body corporate; and\n(iii) all other persons who have been the secretary or an\nexecutive officer of the body corporate since the licence\nwas granted or last renewed; and\n(f) in the case of a repairer's or service contractor's licence, be\naccompanied by an affidavit under section 74.\n(3) If the Director considers that special circumstances exist, the\nDirector may extend the term of a licence under this Part, or\nrenewal of the licence, for not more than one month from the date\nof its expiration to allow the holder of the licence to comply with this\nsection.\n\nGaming Machine Act 1995 73\n(4) During the period of an extension under subsection (3), the licence\nhas the same effect as if it had been renewed.\n(5) Subject to subsection (5A), if a licensee complies with this section,\nthe Director shall renew the licence commencing on:\n(a) the day after its last expiry; or\n(b) the day it would have last expired apart from its extension\nunder subsection (3).\n(5A) The Director must not renew a service contractor's or monitoring\nprovider's licence unless the terms of the licence holder's service\ncontracts or agreements to provide a basic monitoring service are\nsatisfactory to the Director (whether those terms have remained the\nsame since the licence was granted or last renewed or have been\nre-negotiated).\n(6) If an application under subsection (1) is refused, the Director shall,\nas soon as practicable after the decision, give the applicant written\nnotice of, and the reasons for, the decision.\n","sortOrder":93},{"sectionNumber":"72","sectionType":"section","heading":"Licences not to be transferred","content":"72 Licences not to be transferred\nA licence under this Part cannot to be transferred.\n","sortOrder":94},{"sectionNumber":"73","sectionType":"section","heading":"Display of repairer's licence","content":"73 Display of repairer's licence\nA licensed repairer shall, at all times whilst installing, altering,\nadjusting, maintaining or repairing gaming equipment on licensed\npremises, display the licensed repairer's licence on his or her\nperson in such way as to be visible to other persons unless the\nlicence at any material time is in the possession of the Director.\n","sortOrder":95},{"sectionNumber":"74","sectionType":"section","heading":"Disclosure of influential or benefiting parties","content":"74 Disclosure of influential or benefiting parties\n(1) At the time of making an application for:\n(a) a repairer's, service contractor's or monitoring provider's\nlicence, the applicant; or\n(b) a renewal of a repairer's, service contractor's or monitoring\nprovider's licence, the licensed repairer, licensed service\ncontractor or licensed monitoring provider,\nshall forward to or lodge with the Director an affidavit made under\nthis section.\n\nGaming Machine Act 1995 74\n(2) An applicant or holder of a licence who undergoes any change in\ncircumstances in relation to information contained in the last\naffidavit forwarded or lodged under this section by the applicant or\nholder of the licence shall, not later than 7 days after the change,\nforward to or lodge with the Director another affidavit under this\nsection.\n(3) An affidavit under this section shall be made by the applicant or\nholder of the licence or, where the applicant for or holder of the\nlicence is a body corporate, by the principal executive officer of the\nbody corporate or, if that officer does not have knowledge of the\nfacts, by some other person who has knowledge of the facts and\nwho is authorised by the body corporate to make the affidavit.\n(4) Subject to subsection (5), an affidavit under this section is to be in\nthe form determined by the Director and shall disclose:\n(a) whether or not there is any person (other than, where the\napplicant or holder of the licence is a body corporate, the\nsecretary, an executive officer, a member or shareholder of\nthe body corporate carrying out the duties or exercising the\nnormal rights the person has as such secretary, executive\nofficer, member or shareholder) who will by any lease,\nagreement or arrangement be able to influence any decision\nmade:\n(i) in the case of the applicant or holder of the licence being\na natural person – by that person; or\n(ii) in the case of the applicant or holder of the licence being\na body corporate – by the body corporate or the\nsecretary or an executive officer of the body corporate,\nin relation to the performance of the general functions that\nare, or are to be, permitted by the licence;\n(b) whether or not there is any person other than the applicant or\nholder of the licence who by any lease, agreement or\narrangement may expect any benefit from the applicant or\nholder in relation to the performance of the general functions\nthat are, or are to be, permitted by the licence;\n\nGaming Machine Act 1995 75\n(c) if there is any person able to influence as referred to in\nparagraph (a) or expect a benefit as referred to in\nparagraph (b):\n(i) where any such person is a natural person, the person's\nfull name, address and date of birth;\n(ii) where any such person is a body corporate, the name of\nthe body corporate and the full name, address and date\nof birth of the secretary and each executive officer of the\nbody corporate; and\n(iii) full and correct particulars of the lease, agreement or\narrangement; and\n(d) in the case of the applicant or holder of the licence being a\nbody corporate – the names of all persons who have a\nsubstantial holding (within the meaning of section 9 of the\nCorporations Act 2001) in the body corporate.\n(5) An affidavit under this section need not disclose:\n(a) anything about a contract, agreement or other arrangement\nentered into for the purposes of this Act or the Regulations\nand approved by the Director; or\n(b) anything that is prescribed for the purposes of this subsection.\n","sortOrder":96},{"sectionNumber":"75","sectionType":"section","heading":"Investigation of holder of licence and associates","content":"75 Investigation of holder of licence and associates\n(1) At any time while a licence under this Part is in force, the Director\nmay cause to be undertaken such investigations as the Director\nconsiders are necessary in order to be satisfied that the holder of\nthe licence is a fit and proper person to be a holder of a licence\nunder this Part.\n(2) The Director may require a person to whom an investigation under\nsubsection (1) relates to submit such information or material as the\nDirector considers is necessary.\n(3) A person shall comply with and not contravene a requirement of the\nDirector given under subsection (2).\n\nGaming Machine Act 1995 76\n","sortOrder":97},{"sectionNumber":"76","sectionType":"section","heading":"Cessation or commencement of executive officer or secretary","content":"76 Cessation or commencement of executive officer or secretary\nA licensed service contractor or licensed monitoring provider shall\nnotify the Director in the form determined by the Director:\n(a) that a person has ceased to be the secretary or an executive\nofficer of the body corporate;\n(b) that a person has started as the secretary or an executive\nofficer of the body corporate; and\n(c) the full name, address and date of birth of a person referred\nto in paragraph (b),\nnot later than 7 days after ceasing or starting.\n","sortOrder":98},{"sectionNumber":"77","sectionType":"section","heading":"Notification of employment and agreements","content":"77 Notification of employment and agreements\n(1) In this section:\nemployer means a licensed service contractor or licensed\nmonitoring provider.\n(2) An employer shall:\nname, and licence number under this Act, of each person\nemployed by the employer as a licensed repairer at the time of the\n(3) An employer shall, not later than 7 days:\n(a) after employing a person as a licensed repairer; or\n(b) after a person ceases to be employed by the employer as a\nlicensed repairer,\n\nGaming Machine Act 1995 77\nname, and licence number under this Act, of the person together\nwith the name, and licence number under this Act, of each person\nemployed by the employer as a licensed repairer at the time of the\n(4) An employer shall:\nname, and licence number under this Act, of each person with\nwhom the employer has a service contract at the time of the\n(5) An employer shall, not later than 7 days after making or terminating\na service contract, notify the Director in the form determined by the\nDirector of the name, and licence number under this Act, of the\nother party to the service contract together with the name and\nlicence number under this Act, of each person with whom the\nemployer has a service contract at the time of the notification.\n(6) A licensee shall:\nnotify the Director in the form determined by the Director of:\n(c) the name and licence number under this Act of each licensed\nmachine manager employed under section 60(3) in respect of\nof the notification; and\n(d) the name of each person who is an applicant for a machine\nmanager's licence, employed under section 60(4) in respect of\nof making the notification.\n\nGaming Machine Act 1995 78\n(7) A licensee shall not later than 7 days after:\n(a) employing a licensed machine manager under section 60(3);\nor\n(b) a person ceasing to be employed by the licensee under\nsection 60(3) or 60(4),\nnotify the Director in the form determined by the Director of:\n(c) the name of the licensed machine manager or person and the\nlicence number under this Act of the licensed machine\nmanager;\n(d) the name and licence number under this Act, of each licensed\nmachine manager employed under section 59(3) in respect of\nof the notification; and\n(e) the name of each person who is an applicant for a machine\nmanager's licence employed under section 60(4) in respect of\nof the notification.\n(8) If it becomes known to an employer that a person employed by the\nemployer as a licensed repairer is not a licensed repairer, the\nemployer shall immediately terminate the employment of the\nperson as a licensed repairer.\n(9) If it becomes known to the Director or a licensee that a person with\nwhom the Director or licensee has made a service contract is not a\nlicensed service contractor, the Director or licensee shall\nimmediately terminate the service contract.\n(10) If it becomes known to a licensed service contractor that:\n(a) a person (other than the Director) with whom the service\ncontractor has made a service contract is not a licensee; or\n\nGaming Machine Act 1995 79\n(b) a person to whom the licensed service contractor has\nsubcontracted any of the licensed service contractor's\nobligations under a service contract is not a licensed service\ncontractor or licensed repairer,\nthe licensed service contractor must immediately terminate the\nservice contract or subcontract, as the case may be.\nMaximum penalty: 100 penalty units or imprisonment for\n(11) If it becomes known to a licensee that:\n(a) a person employed by the licensee under section 60(3) is not\na licensed machine manager; or\n(b) the application of a person employed by the licensee under\nsection 60(4) has been refused,\nthe licensee shall immediately terminate the employment of the\nperson under section 59(3) or (4).\n(12) Subsection (8), (9), (10) or (11) is sufficient authority to terminate\nthe employment or service contract referred to in the subsection,\nnotwithstanding any other Act or law.\n(13) No right of action arises against any person because of the\ntermination.\n","sortOrder":99},{"sectionNumber":"78","sectionType":"section","heading":"Surrender of licence","content":"78 Surrender of licence\n(1) The holder of a licence under this Part may, at any time, by\nforwarding to or lodging with the Director notification in the form\ndetermined by the Director, and the licence under this Part,\nsurrender the licence.\n(2) Notification under subsection (1) shall be signed or executed in the\nsame way as that specified for an application made under\nsection 62(1)(b).\n(3) The holder of a repairer's, service contractor's or monitoring\nprovider's licence is not entitled to surrender the licence unless the\nholder has given the Director the following period of notice:\n(a) for a repairer's or service contractor's licence – 30 days;\n(b) for a monitoring provider's licence – 90 days.\n\nGaming Machine Act 1995 80\n(4) The surrender of a licence under this Part takes effect when it is\naccepted by the Director or at a later time determined by the\n(5) The Director may refuse to accept the surrender of a licence under\nthis Part until the conditions specified by the Director for the\nsurrender have been met.\n(6) If a service contractor's or monitoring provider's licence is being\nsurrendered, the conditions specified under subsection (5) may\ninclude a condition that the holder of the licence has complied with\nall of its obligations under a service contract or an agreement to\nprovide a basic monitoring service.\n(7) If a repairer's, service contractor's or monitoring provider's licence\nis being surrendered, as soon as practicable after forwarding to or\nlodging with the Director the licence and notification under\nsubsection (1), the holder of the licence must dispose of all gaming\nequipment and restricted components in the holder's possession in\nthe manner approved by the Director.\n(8) If a service contractor's or monitoring provider's licence is being\nsurrendered the following apply:\n(a) the obligations of the holder of the licence to a licensee under\na service contract or an agreement to provide a basic\nmonitoring service continue in force until the surrender takes\neffect unless the Director determines otherwise;\n(b) the obligations of a licensee to the holder of the licence under\na service contract or an agreement to provide a basic\nmonitoring service cease on the day on which the licence and\nnotification are forwarded to or lodged with the Director under\n","sortOrder":100},{"sectionNumber":"79","sectionType":"section","heading":"Cancellation or suspension of licence","content":"79 Cancellation or suspension of licence\n(1) A ground for cancellation or suspension of a licence under this Part\narises if:\n(a) the holder of the licence:\n(i) obtained the licence on false, erroneous or misleading\ninformation;\n(ii) fails to comply with a condition to which the licence is\nsubject; or\n\nGaming Machine Act 1995 81\n(iii) fails to forward or lodge an affidavit in accordance with\nsection 74(2);\n(b) the holder of the licence or an associate of the holder:\n(iii) fails to discharge the holder's or associate's financial\ncommitments, becomes bankrupt or compounds with\ncreditors or otherwise takes advantage of the laws in\nforce for the time being relating to bankruptcy;\njudicial management or administration;\n(v) fails to comply with a written direction given to the holder\nor associate under this Act; or\nmaterial that to the knowledge of the holder or associate\nis false, erroneous or misleading in a material particular;\nor\n(c) the Director:\n(i) considers that the holder of the licence or an associate\nof the holder is not a fit and proper person in respect of\nfinancial stability, general reputation, character or\nbusiness reputation to be a holder of a licence or to be\nan associate of the holder of a licence; or\n(ii) becomes aware of any information or matter that, had it\nbeen known when the application for the licence was\nbeing considered, the decision under section 65 may\nhave been that the licence be refused.\n(2) Where the Director is of the opinion that any act, omission or other\nthing that constitutes a ground under subsection (1) is of such a\naffected, the Director shall issue to the holder of the licence a\nwritten notice to show cause why action should not be taken with\nrespect to the licence under this section.\n\nGaming Machine Act 1995 82\n(3) The Director shall issue a copy of a notice issued under this section\nto any other person whom the Director considers has an interest in\nthe licence.\n(4) A notice issued under this section shall set out the grounds giving\nrise to its issue and shall specify a date, being not earlier than\n7 days after its issue, on or before which cause is required to be\nshown.\n(5) Subject to this section, a notice under this section shall be in such\nform and contain such matters as the Director thinks fit.\n(6) A person to whom a notice under this section is issued may give a\nwritten answer to the Director at any time not later than the date\nspecified in the notice in that respect.\n(7) A person to whom a copy of a notice is issued under subsection (3)\nmay make such submissions to the Director as the person thinks fit\nat any time not later than the date specified under subsection (4).\n(8) The Director shall consider answers given in reply to a notice to\nshow cause and any submissions made under subsection (7) and,\nif the Director considers that:\n(a) satisfactory answers are given or submissions made in reply\nto or in respect of the notice, the Director shall not take any\naction or any further action in relation to the notice;\n(b) answers given or submissions made in reply to or in respect\nof the notice are not satisfactory but action to cancel or\nsuspend the licence is not warranted, the Director may issue a\nletter of censure to the holder of the licence, censuring the\nholder of the licence in respect of any matter connected with\nor giving rise to the notice to show cause;\n(c) answers given or submissions made in reply to or in respect\nof the notice are not satisfactory and further action is\nwarranted or if no answers are given and no submissions are\nmade, the Director may:\n(i) by written notice give such directions to the holder of the\nlicence as the Director considers appropriate to ensure\nthat any matter connected with or giving rise to the issue\nof the notice is rectified within the time specified in the\nnotice; or\n(ii) cancel, or suspend for such period as the Director\ndetermines, the licence.\n\nGaming Machine Act 1995 83\n(9) If a direction given by the Director under subsection (8)(c)(i) is not\ncomplied with within the time specified in the notice, the Director\nmay cancel or suspend the licence.\n(10) Where the Director is of the opinion that any act, omission or other\nthing that constitutes a ground under subsection (1) is not of such a\naffected, the Director may by letter censure the holder of the\nlicence in respect of any matter connected with or giving rise to the\nground.\n(11) If the Director cancels or suspends a licence, the Director shall as\nsoon as practicable give the applicant written notice of, and the\nreasons for, the cancellation or suspension.\n(12) The cancellation or suspension of a licence under this section takes\neffect from the date of the issue of the notice under subsection (11)\nor from the date specified in the notice.\n(13) On receipt of a notice of cancellation under subsection (12), the\nperson to whom the notice is addressed shall deliver the licence to\nthe Director not later than 14 days after receiving the notice.\n(14) If a service contractor's or monitoring provider's licence is\ncancelled, the Director may make the arrangements the Director\nconsiders necessary to ensure that a service that would have been\nprovided by the holder of the licence continues to be provided\n(which may include the issue of an interim licence under\nsection 82A).\n(15) As soon as practicable after the cancellation of a service\ncontractor's or monitoring provider's licence, the Director must\nremove or make arrangements for the removal of all gaming\nequipment and restricted components in the possession of the\nholder of the licence.\n(16) The cancellation of a licence under this Part does not affect a\nliability incurred by the holder of the licence under this Act or the\nRegulations, or under a contract, agreement or other arrangement\nentered into by the holder of the licence for the purposes of this Act\nor the Regulations, before the licence was cancelled unless the\nDirector determines otherwise.\n\nGaming Machine Act 1995 84\n","sortOrder":101},{"sectionNumber":"80","sectionType":"section","heading":"Suspension of licences pending decision","content":"80 Suspension of licences pending decision\n(1) Where the Director is of the opinion that any act, omission or other\nthing that constitutes a ground under section 79(1) is of such a\nis jeopardised or the public interest is adversely affected, the\nDirector may suspend a licence under this Part until any action\ntaken, or to be taken, under section 79 is finally determined.\n(2) Where the Director suspends a licence under subsection (1), the\nDirector shall as soon as practicable give the holder of the licence\nwritten notice of, and the reasons for, the suspension.\n(3) The suspension of a licence under this section takes effect from\nwhen the notice referred to in subsection (2) is given to the holder\nof the licence or the suspension of the licence is made known to\nthe holder of the licence (whichever is the first to happen).\n","sortOrder":102},{"sectionNumber":"81","sectionType":"section","heading":"Effect of suspension of licence","content":"81 Effect of suspension of licence\nThe suspension under section 79(8) or 80(1) of a licence under this\nPart has the same effect as the cancellation of the licence but\nwithout prejudice to:\n(a) any penalty or other liability incurred by the holder of the\nlicence; or\n(b) the exercise of the powers of the Director or an inspector.\n","sortOrder":103},{"sectionNumber":"82","sectionType":"section","heading":"Provisional licences","content":"82 Provisional licences\n(1) The Director may grant to an applicant for a licence under this Part\na provisional licence if the Director considers that:\n(a) a decision in respect of the application may not be made for\nsome time;\n(b) the conduct of gaming may be prejudiced or disadvantaged if\nthe applicant is not granted a provisional licence; and\n(c) the issue of the provisional licence will not prejudice or\ndisadvantage gaming or the conduct of gaming.\n(2) The Director may impose on a provisional licence such conditions\nas the Director considers are necessary in the public interest.\n\nGaming Machine Act 1995 85\n(3) Where the Director grants a provisional licence, the Director shall\nissue the licence in the form determined by the Director and\nendorse on the licence the conditions imposed under\nsubsection (2).\n(4) A provisional licence remains in force until:\n(a) the application for the licence under this Part referred to in\nsubsection (1) is granted or refused;\n(b) it is surrendered; or\n(c) it is cancelled.\n(5) The Director, at any time, may cancel a provisional licence granted\nunder subsection (1).\n(6) No right of action arises against the Director or any other person\nbecause of a decision under subsection (5) in respect of the\ntermination of employment or otherwise.\n(7) A provisional licence has the same effect as if it were a repairer's\nlicence, service contractor's licence or machine manager's licence,\nas the case may be.\n","sortOrder":104},{"sectionNumber":"82A","sectionType":"section","heading":"Interim licences","content":"82A Interim licences\n(1) The Director may, without an application, grant to a person an\ninterim licence if the Director considers that it is necessary to\nensure the continued effective operation of this Act for a short-term\nperiod.\n(2) An interim licence is for the term, and subject to the conditions,\ndetermined by the Director.\n(3) The holder of an interim licence may surrender the licence at any\ntime.\n(4) The Director may cancel an interim licence at any time.\n(5) An interim licence has the same effect as if it were a repairer's\nlicence, service contractor's licence, monitoring provider's licence or\nmachine manager's licence, as the case requires.\n\nGaming Machine Act 1995 86\n","sortOrder":105},{"sectionNumber":"83","sectionType":"section","heading":"Installation and storage of gaming machines by licensee","content":"83 Installation and storage of gaming machines by licensee\n(1) A licensee must not install a gaming machine provided under the\ngaming machine licence or other prescribed gaming equipment in\nan area other than a gaming machine area on the licensee's\n(2) A licensee must not store a gaming machine provided under the\ngaming machine licence or other prescribed gaming equipment that\nis not installed in a gaming machine area on the licensee's licensed\npremises except in a room, and in a manner, approved by the\n(3) A licensee is authorised to store in accordance with subsection (2)\ngaming machines in excess of the number of gaming machines\nauthorised for use under the gaming machine licence.\n(4) A licensee must not install on the licensee's licensed premises a\ngaming machine that is being stored by the licensee if, as a result,\nthe number of gaming machines installed on the premises would\nexceed the number of gaming machines authorised for use under\nthe gaming machine licence.\n","sortOrder":106},{"sectionNumber":"84","sectionType":"section","heading":"Gaming machines not to be played if not installed in gaming","content":"84 Gaming machines not to be played if not installed in gaming\nmachine area\n(1) Subject to subsection (2), a person shall not play or allow another\nperson to play a gaming machine provided under the gaming\nmachine licence to a licensee that is not installed in a gaming\nmachine area.\n(2) Subsection (1) does not apply to a licensed repairer who plays a\ngaming machine in the course of altering, adjusting, maintaining,\nrepairing or testing the gaming machine.\n\nGaming Machine Act 1995 87\n(3) Winnings that become payable because of playing a gaming\nmachine under subsection (2) remain the property of the licensee\nand are not payable to any person.\n","sortOrder":107},{"sectionNumber":"85","sectionType":"section","heading":"Gaming equipment not to be an annoyance, &c.","content":"85 Gaming equipment not to be an annoyance, &c.\n(1) A licensee shall not locate, or allow to be located, gaming\nequipment on the licensee's licensed premises in such a way as to\nbe an annoyance due to the location of the gaming equipment, the\nnoise generated by the operation of the equipment or for any other\nreason.\n(2) A listed person or licensee shall not allow gaming equipment to\nconvey or exhibit:\n(a) a false, misleading, rude or offensive message; or\n(b) excessive or unnecessary advertising.\n(3) Except as may be provided by the game of a gaming machine or\nan arrangement or system approved under section 134, a person\nshall not:\n(a) do or omit to do anything on licensed premises that unfairly or\nunreasonably entices a person to play a particular gaming\nmachine in preference to others; or\n(b) conduct or allow to be conducted any promotional activity that\nentices a person to play or rewards a person for playing\ngaming machines unless the rewards or prizes provided by\nthe activity are not related to a particular gaming machine a\nperson must play in order to be entitled to the rewards or\nprizes.\n(4) Where, in the opinion of an inspector, a contravention of this\nsection is being or has been committed, the Director may, by\nwritten notice, direct a listed person, licensee or person:\n(a) to do or cease doing anything that constitutes the\ncontravention; or\n(b) not to again do or omit to do anything that constituted the\ncontravention.\n\nGaming Machine Act 1995 88\n(5) A listed person, licensee or person shall not contravene or fail to\ncomply with a direction given under subsection (4).\n","sortOrder":108},{"sectionNumber":"87","sectionType":"section","heading":"Maintenance of facilities, &c.","content":"87 Maintenance of facilities, &c.\n(1) A licensee shall ensure that:\n(a) the operation of gaming machines on the licensee's licensed\npremises is conducted in such a way as, in the opinion of the\nDirector, is proper and competent;\n(b) anything forming part of a gaming machine that is visible\nwithout opening the machine is maintained in good order and\nis not defaced or altered in any way;\n(c) all facilities and amenities on the licensee's licensed premises\nthat are related to gaming are maintained in such condition as\nwill provide maximum safety and comfort for persons on the\n(d) all installations, equipment and procedures for security and\nsafety purposes are used, operated and applied for the\npreservation and maintenance of those purposes.\n(2) A licensee shall not:\n(a) employ or allow; or\n(b) cause or allow another person to employ or allow,\na barker or shill to entice a person to play gaming machines on the\n","sortOrder":109},{"sectionNumber":"88","sectionType":"section","heading":"Hours of gaming","content":"88 Hours of gaming\nA licensee shall not conduct gaming, or allow gaming to be\nconducted, in a part of the licensee's licensed premises:\n(a) when under the Liquor Act 2019 liquor is not permitted to be\nsold in that part of the premises; or\n(b) when the licensee or an employee of the licensee is not in\nthat part of the premises to supervise gaming; or\n\nGaming Machine Act 1995 89\n(c) during a period prescribed for the purposes of this section.\n","sortOrder":110},{"sectionNumber":"89","sectionType":"section","heading":"Rules ancillary to gaming","content":"89 Rules ancillary to gaming\n(1) The Director may, in writing, make rules relating to matters that are\nancillary to gaming conducted on licensed premises.\n(2) A licensee, with the approval in writing of the Director, may, in\nrespect of the licensee's licensed premises:\n(a) amend, add to or repeal; or\n(b) substitute a rule or other rules for,\nthe rules made under subsection (1).\n","sortOrder":111},{"sectionNumber":"90","sectionType":"section","heading":"Rules ancillary to gaming to be available and enforced","content":"90 Rules ancillary to gaming to be available and enforced\nA licensee shall ensure, when gaming is being conducted on the\nlicensee's licensed premises, that:\n(a) the rules ancillary to gaming that are, at that time, the rules for\nthe licensed premises, are available for inspection at the\n(b) where required by the rules, notices relating to the rules are\nprominently displayed; and\n(c) the rules are enforced.\n","sortOrder":112},{"sectionNumber":"91","sectionType":"section","heading":"Licensees not to extend credit","content":"91 Licensees not to extend credit\nA licensee shall not make a loan or extend credit in any form to a\nperson on the licensee's licensed premises.\n","sortOrder":113},{"sectionNumber":"92","sectionType":"section","heading":"Gaming tokens","content":"92 Gaming tokens\n(1) A licensee, in conducting gaming on the licensee's licensed\npremises, shall only use gaming tokens.\n\nGaming Machine Act 1995 90\n(2) A licensee shall cause all transactions, in respect of the sale or\nredemption of gaming tokens on the licensee's licensed premises,\nto be carried out in such a way as ensures the integrity of the\ntransactions.\n","sortOrder":114},{"sectionNumber":"94","sectionType":"section","heading":"Payments in connection with gaming","content":"94 Payments in connection with gaming\n(1) A licensee shall make a payment in connection with:\n(a) the payment of winnings or gaming machine credits (other\nthan payments made by a gaming machine); or\n(b) the redemption of gaming tokens,\nwith Australian currency unless the payment:\n(c) is required to be made in another way:\n(i) that is prescribed; or\n(ii) in accordance with the rules ancillary to gaming for the\nlicensed premises; or\n(d) is to be made under subsection (2).\n(2) A licensee may, if requested by a person entitled to a payment\nreferred to in subsection (1) (other than a payment to which\nsubsection (1)(c) applies) and if the licensee thinks fit to do so,\nmake the payment by:\n(a) gaming tokens;\n(b) a cheque;\n(c) a combination of Australian currency, gaming tokens and a\ncheque; or\n(d) electronic transfer.\n\nGaming Machine Act 1995 91\n","sortOrder":115},{"sectionNumber":"95","sectionType":"section","heading":"Entitlement of players","content":"95 Entitlement of players\n(1) A licensee shall ensure that a person who plays a gaming machine\non the licensee's licensed premises is paid the amount to which the\nperson is entitled.\n(2) A licensee must ensure that a gaming machine on the licensee's\nlicensed premises returns to players not less than the prescribed\nminimum percentage (if any) of bets made by players on the\n","sortOrder":116},{"sectionNumber":"96","sectionType":"section","heading":"Malfunction of gaming machines","content":"96 Malfunction of gaming machines\n(1) A machine manager shall refuse:\n(a) to make payment; or\n(b) to allow payment to be made,\nto a person in respect of a bet made, or gaming machine credits\naccumulated, on a gaming machine installed on licensed premises\nin respect of which he or she is machine manager, where the\nmachine manager is satisfied that the gaming machine failed to\nfunction in the way in which it was designed and programmed to\nfunction.\n(2) Subsection (1) applies irrespective of the reason for the failure of\nthe gaming machine to function in the way in which it was designed\nand programmed to function.\n(3) A machine manager who refuses to make or allow payment under\nsubsection (1) shall:\n(a) not allow, other than for testing purposes, the gaming\nmachine to be played until it is functioning in the way in which\nit was designed and programmed to function;\n(b) not later than the close of business on the following working\nday, forward to the Director a report in the form determined by\nthe Director in respect of the refusal; and\n(c) give the licensee a copy of the report referred to in\nparagraph (b).\n\nGaming Machine Act 1995 92\n(4) A licensee:\n(a) may, on review of the copy of the report referred to in\nsubsection (3); or\n(b) shall, if so directed by the Director;\noverrule a refusal referred to in subsection (1) and make the\npayment that has been refused.\n(5) Nothing in this section operates so as to prejudice or affect any\nother right or remedy of any person.\n","sortOrder":117},{"sectionNumber":"97","sectionType":"section","heading":"Defective gaming machines not allowed","content":"97 Defective gaming machines not allowed\n(1) In this section, licensee, in respect of licensed premises, includes:\n(a) a machine manager of the licensed premises;\n(b) if the licensee is a body corporate, the secretary or an\nexecutive officer of the body corporate; and\n(c) a person employed by the licensee who may be required by\nthe licensee to:\n(i) supervise gaming;\n(ii) attend to gaming machines;\n(iii) sell or redeem gaming tokens; or\n(iv) carry out centralised credit transactions,\non the licensed premises.\n(2) A licensee shall not allow, other than for testing purposes, a\ngaming machine:\n(a) that is installed on the licensed premises; and\n(b) that does not function in the way in which it was designed and\nprogrammed to function,\nto be played until it is functioning in the way in which it was\ndesigned and programmed to function.\n\nGaming Machine Act 1995 93\nsubsection (2) for the defendant to prove that the defendant:\n(a) had taken all reasonable precautions to ensure that the\ngaming machine was functioning in the way in which it was\ndesigned and programmed to function; and\n(b) at the time of the alleged offence, did not know, and ought not\nto have known, that the gaming machine was not functioning\nin the way in which it was designed and programmed to\nfunction.\n","sortOrder":118},{"sectionNumber":"98","sectionType":"section","heading":"Security of keys, &c.","content":"98 Security of keys, &c.\n(1) A licensee shall ensure that all keys and other devices related to\nthe security of gaming equipment on the licensee's licensed\npremises are kept, stored, secured, possessed and used in\naccordance with the written directions of the Director.\n(2) A person shall not possess or use a key or other device referred to\nin subsection (1) unless the possession or use is permitted by, and\nis in accordance with, the written directions of the Director.\n","sortOrder":119},{"sectionNumber":"99","sectionType":"section","heading":"Certain persons only to have access etc. to gaming machines","content":"99 Certain persons only to have access etc. to gaming machines\nA person shall not, in relation to a gaming machine on licensed\npremises:\n(a) open the gaming machine;\n(b) check gaming tokens contained inside the gaming machine;\n(c) remove gaming tokens from the cabinet or drop box of the\ngaming machine; or\n(d) place gaming tokens into the gaming machine (other than for\nthe purpose of playing a game on the gaming machine),\nunless the person is:\n(e) the licensee of the licensed premises;\n(f) where the licensee is a body corporate, the secretary or an\nexecutive officer of the body corporate in the genuine\nexecution of his or her duties as secretary or executive officer;\n(g) a machine manager in respect of the licensed premises;\n\nGaming Machine Act 1995 94\n(h) an employee of the licensee who is assisting a machine\nmanager in carrying out money clearances while the\nemployee is in the presence of the machine manager;\n(j) a licensed repairer in the performance of duties as a licensed\nrepairer;\n(k) performing duties under a contract approved under\nsection 100(1);\n(m) an inspector in the exercise or performance of the inspector's\npowers and functions under this Act; or\n(n) any other person approved by the Director under this Act.\n","sortOrder":120},{"sectionNumber":"100","sectionType":"section","heading":"Contracts for certain services to be approved","content":"100 Contracts for certain services to be approved\n(1) Subject to subsection (2), a person shall not, without the approval\nof the Director, enter into an agreement for the provision of a\nservice relating to:\n(a) the sale and redemption of gaming tokens on the licensee's\n(b) the supervision of gaming on licensed premises;\n(c) attending to gaming machines or carrying out centralised\ncredit transactions on licensed premises;\n(d) carrying out on licensed premises:\n(i) money clearances;\n(ii) any function resulting from money clearances; or\n(iii) any function required to be carried out under\nsection 141(2) or 142(2);\n(e) keeping and maintaining accounts under section 143;\n(f) making monthly gaming machine reconciliation reports under\nsection 144; or\n(g) any other function prescribed for the purposes of this section.\n\nGaming Machine Act 1995 95\n(2) Subsection (1) does not apply to the employment of a natural\nperson by a licensee to carry out on the licensee's licensed\npremises an act referred to in that subsection.\n","sortOrder":121},{"sectionNumber":"101","sectionType":"section","heading":"Licensees to keep records of certain employees","content":"101 Licensees to keep records of certain employees\n(1) A licensee shall, in respect of each of the licensee's licensed\npremises, keep and, at all times, accurately maintain a record of\nthe full name, address and date of birth of all persons employed by\nthe licensee to carry out on the licensed premises an act referred to\nin section 100(1).\n(2) A licensee shall, in respect of each of the licensee's licensed\npremises, lodge with the Director, on or before the day prescribed\nof each month, a report in the form determined by the Director,\ncontaining details of the full name, address and date of birth of all\npersons who performed an act referred to in section 100 at any\ntime during the preceding month on the licensed premises.\n","sortOrder":122},{"sectionNumber":"102","sectionType":"section","heading":"Notification of employment or cessation of employment of","content":"102 Notification of employment or cessation of employment of\nmachine manager\nA licensee shall, not later than one working day after a person\ncommences employment, or ceased to be employed, as a machine\nmanager, notify the Director of that fact in the form determined by\nthe Director.\n","sortOrder":123},{"sectionNumber":"103","sectionType":"section","heading":"Persons under 18 not to be employed","content":"103 Persons under 18 not to be employed\nA licensee shall not employ a person who has not attained the age\nof 18 years in any capacity in relation to the operation of gaming\nmachines.\n","sortOrder":124},{"sectionNumber":"104","sectionType":"section","heading":"Persons under 18 not to play gaming machines","content":"104 Persons under 18 not to play gaming machines\nA person who has not attained the age of 18 years shall not play a\ngaming machine on licensed premises.\n\nGaming Machine Act 1995 96\n","sortOrder":125},{"sectionNumber":"105","sectionType":"section","heading":"Persons under 18 not to be allowed to game","content":"105 Persons under 18 not to be allowed to game\nA person shall not allow a person who has not attained the age of\n18 years to play a gaming machine on licensed premises.\n","sortOrder":126},{"sectionNumber":"106","sectionType":"section","heading":"Misrepresentation of age","content":"106 Misrepresentation of age\nA person who has not attained the age of 18 years and who, for the\npurpose of playing a gaming machine, misrepresents the age of the\nperson:\n(a) by spoken statements made by the person or another person;\n(b) by presenting a form of written identification which purports to\nrelate to the person presenting it but which in fact is fictitious\nor relates to some other person; or\n(c) by presenting a form of written identification which is false in a\nmaterial particular,\n","sortOrder":127},{"sectionNumber":"107","sectionType":"section","heading":"Wrongful dealing with evidence of age","content":"107 Wrongful dealing with evidence of age\n(1) A person shall not knowingly give a document that is evidence of\nage of the person specified in the document to another person, with\nintent that the document be used as evidence of age for the\npurposes of this Act of a person not specified in the document.\n(2) A person shall not wilfully or negligently deface or interfere with a\ndocument that is evidence of age of the person or another person.\n","sortOrder":128},{"sectionNumber":"108","sectionType":"section","heading":"Seizure of form wrongly used as evidence of age","content":"108 Seizure of form wrongly used as evidence of age\n(1) Where a contravention of section 106 consists of presenting of a\nform referred to in that section the person to whom the form is\npresented shall seize and confiscate the form and give it to an\ninspector or a member of the Police Force.\n\nGaming Machine Act 1995 97\n(2) A person does not commit an offence against subsection (1) if the\nperson is not aware of the falsity of the representation as to age\nmade by presenting the form.\n","sortOrder":129},{"sectionNumber":"109","sectionType":"section","heading":"Ascertainment of age","content":"109 Ascertainment of age\n(1) An authorised person may, on licensed premises, require a person\nwhom the authorised person suspects on reasonable grounds not\nto have attained the age of 18 years and to be contravening a\nprovision of this Act:\n(a) to state all relevant particulars concerning the person's age;\nand\n(b) to produce evidence of the person's age.\n(2) An authorised person shall prohibit a person who does not comply\nwith a requirement made under subsection (1) from playing gaming\nmachines on the licensed premises.\n(3) In this section, authorised person, in relation to licensed premises,\nmeans:\n(a) the licensee of the licensed premises;\n(b) a machine manager of the licensed premises;\n(c) an employee of the licensee of the licensed premises;\n(d) an inspector; or\n(e) a member of the Police Force.\n","sortOrder":130},{"sectionNumber":"110","sectionType":"section","heading":"Seizure of material associated with representation of age","content":"110 Seizure of material associated with representation of age\nIf an inspector or a member of the Police Force reasonably\nbelieves or suspects that a person:\n(a) has presented a form in contravention of section 106;\n(b) is in possession of a document given to the person in\ncontravention of section 107(1); or\n(c) is in possession of a document defaced or interfered with in\ncontravention of section 107(2),\nthe inspector or member may seize and confiscate the form or\ndocument.\n\nGaming Machine Act 1995 98\n","sortOrder":131},{"sectionNumber":"111","sectionType":"section","heading":"Defence to charge if age material","content":"111 Defence to charge if age material\n(1) If the age of a person is material to a charge of an offence against\nthis Act, it is a defence to prove that, at the time of the offence, the\ndefendant (if the defendant is the actual offender) or an agent or\nemployee (if the defendant is charged merely because of being\nprincipal or employer of the actual offender):\n(a) honestly and reasonably believed that the person whose age\nis material to the offence had attained the age of 18 years; or\n(b) had sighted acceptable evidence of age of the person whose\nage is material to the offence that indicated the person had\nattained the age of 18 years,\nand the operation of section 32 of the Criminal Code is excluded.\n(2) Evidence that the defendant (if the defendant is the actual offender)\nor an agent or employee (if the defendant is charged merely\nbecause of being principal or employer of the actual offender) did\nnot request the person whose age is material to the offence to\nproduce acceptable evidence of age is evidence that any belief that\nthe person had attained the age of 18 years was not reasonable.\n","sortOrder":132},{"sectionNumber":"112","sectionType":"section","heading":"Licensees to prohibit certain persons from gaming","content":"112 Licensees to prohibit certain persons from gaming\nWhere there are reasonable grounds for a licensee to believe that\nthe peace and happiness of a person's family are endangered due\nto excessive playing of gaming machines by the person, the\nlicensee shall prohibit the person from playing gaming machines on\nthe licensee's licensed premises for one month from the date of\nprohibition.\n","sortOrder":133},{"sectionNumber":"113","sectionType":"section","heading":"Removal of certain persons","content":"113 Removal of certain persons\n(1) A licensee may cause a person to be removed from, or refuse to\nallow a person to enter, the licensee's licensed premises if the\nperson:\n(a) breaches the rules ancillary to gaming for the licensed\n(b) damages or physically abuses a gaming machine;\n(c) behaves in a way likely to cause offence to other persons; or\n(d) is suspected on reasonable grounds of being on the premises\nfor the purpose of committing an offence or aiding another\nperson to commit an offence against this Act.\n\nGaming Machine Act 1995 99\n(2) A licensee shall cause to be removed from the licensee's licensed\npremises a person who is prohibited under section 109(2) or 112\nfrom playing gaming machines on the premises if the person:\n(a) plays a gaming machine; or\n(b) induces another person to play a gaming machine on the\nperson's behalf.\n(3) For the purposes of subsection (1) or (2), a licensee or a person\nacting for a licensee may use such force and assistance as is\nnecessary and reasonable in removing a person from, or\npreventing a person from entering, the licensed premises.\n","sortOrder":134},{"sectionNumber":"114","sectionType":"section","heading":"Obstruction to removal from licensed premises","content":"114 Obstruction to removal from licensed premises\nA person whose removal from licensed premises is sought under\nsection 113(1) or (2) shall not:\n(a) refuse to leave the premises; or\n(b) resist a person seeking his or her removal from the premises.\n","sortOrder":135},{"sectionNumber":"115","sectionType":"section","heading":"Obstruction generally","content":"115 Obstruction generally\nA person shall not obstruct or hinder a licensee, machine manager\nor any other employee of a licensee in the exercise of a power or\nperformance of a function under this Act.\n","sortOrder":136},{"sectionNumber":"116","sectionType":"section","heading":"Recognised manufacturers or suppliers of gaming machines","content":"116 Recognised manufacturers or suppliers of gaming machines\n(1) The Director may approve a person to be a recognised\nmanufacturer or supplier of gaming machines for the purposes of\n(2) The Director must not approve a person under subsection (1) if the\nDirector would have been required under section 119 to remove the\nperson from the roll under subsection (4) had the person already\nbeen on that roll.\n\nGaming Machine Act 1995 100\n(3) An approval under subsection (1) is subject to:\n(a) the conditions (if any) that are prescribed; and\n(4) The Director must maintain a roll of recognised manufacturer or\nsupplier of gaming machines.\n","sortOrder":137},{"sectionNumber":"117","sectionType":"section","heading":"Recognised suppliers of restricted components","content":"117 Recognised suppliers of restricted components\n(1) The Director may approve a person to be a recognised supplier of\nrestricted components for the purposes of this Act.\n(2) The Director must not approve a person under subsection (1) if the\nDirector would have been required under section 119 to remove the\nperson from the roll under subsection (4) had the person already\nbeen on that roll.\n(3) An approval under subsection (1) is subject to:\n(a) the conditions (if any) that are prescribed; and\n(4) The Director must maintain a roll of recognised suppliers of\nrestricted components.\n","sortOrder":138},{"sectionNumber":"118","sectionType":"section","heading":"Investigation of suitability of listed persons","content":"118 Investigation of suitability of listed persons\n(1) At any time the Director may undertake such investigations as are\nnecessary in order to satisfy the Director that a listed person or any\nassociate of a listed person is a fit and proper person to be a listed\nperson or an associate of a listed person.\n(2) The Director may require a person to whom investigations under\nsubsection (1) relate to submit such information or material as the\nDirector considers is necessary.\n(3) The person shall not contravene or fail to comply with a\nrequirement of the Director given under subsection (2).\n\nGaming Machine Act 1995 101\n","sortOrder":139},{"sectionNumber":"119","sectionType":"section","heading":"Removal of names of persons from roll","content":"119 Removal of names of persons from roll\n(1) The Director must remove the name of a listed person from the roll\nof recognised manufacturers and suppliers of gaming machines or\nthe roll of recognised suppliers of restricted components:\n(a) if the listed person or an associate of the listed person:\n(i) is convicted of an indictable offence; or\n(ii) is convicted of an offence against this Act; or\n(iii) fails to discharge the listed person's or associate's\nfinancial commitments, becomes bankrupt or\ncompounds with creditors or otherwise takes advantage\nof the laws in force for the time being relating to\nbankruptcy; or\njudicial management or administration; or\n(v) fails or refuses to comply with a written direction given\nunder this Act and the Director is of the opinion that the\nfailure or refusal jeopardises the integrity of gaming or\nthe conduct of gaming or adversely affects the public\ninterest; or\nmaterial that to the knowledge of the listed person or\nassociate is false, erroneous or misleading in a material\nparticular; or\n(b) if at any time the Director considers that the listed person or\nan associate of the listed person is not a fit and proper person\nto continue to be a listed person or an associate of the listed\nperson.\n(2) Where the Director removes the name of a person from the roll of\nrecognised manufacturers and suppliers of gaming machines or the\nroll of recognised suppliers of restricted components, the Director\nshall as soon as practicable give the person written notice of, and\nthe reasons for, the removal.\n\nGaming Machine Act 1995 102\n","sortOrder":140},{"sectionNumber":"120","sectionType":"section","heading":"Manufacture, sale, supply, obtaining or possession of gaming","content":"120 Manufacture, sale, supply, obtaining or possession of gaming\nmachines\n(1) A person shall not manufacture, sell, supply, obtain or be in\npossession of:\n(a) a gaming machine;\n(b) a linked jackpot arrangement; or\n(c) a device capable of being represented as being a gaming\nmachine or linked jackpot arrangement,\nexcept under and in accordance with the authority of a licence or\nother authorisation under this Act.\n(2) A person shall not manufacture, sell, supply, obtain or be in\npossession of a restricted component except under and in\naccordance with the authority of a licence or other authorisation\nunder this Act.\nsubsection (2) for the defendant to prove that:\n(a) the manufacturing, selling, supplying, obtaining or possession\nof a restricted component was not related to the manufacture,\nassembly, installation, alteration, operation, use, adjustment,\nmaintenance or repair of gaming equipment; and\n(b) the restricted component was not intended to be used to\ninterfere with the normal operation of gaming equipment.\n(3A) A licensee is authorised to enter into an arrangement with a listed\nperson, another licensee or a person approved by the Director for\nthe supply to the licensee of gaming equipment of a type specified\nin subsection (1).\n(4) Notwithstanding any other Act or law, the possession of anything\nreferred to in subsection (1) or (2) in accordance with a licence or\nother authorisation under this Act is lawful.\n(5) A licence or other authorisation under this Act is:\n(a) subject to this Act; and\n\nGaming Machine Act 1995 103\n(b) taken to extend to a person in the genuine employ of the\nholder of the licence or authorisation to such extent as is\nnecessary for the employee to carry out the duties of the\nemployee on behalf of the holder.\n(6) For the purposes of this section and sections 121 to 127, gaming\nmachine includes any incomplete device that was a gaming\nmachine or that is, or was, intended to be made into a gaming\nmachine and to which there is affixed an identification plate with the\nmanufacturer's serial number displayed on the plate.\n","sortOrder":141},{"sectionNumber":"121","sectionType":"section","heading":"Possession etc. of gaming machines and restricted","content":"121 Possession etc. of gaming machines and restricted\ncomponents by recognised manufacturers or suppliers of\ngaming machines\n(1) A recognised manufacturer or supplier of gaming machines is\nauthorised to:\n(a) manufacture, obtain and be in possession of gaming\nmachines, linked jackpot arrangements and restricted\n(b) sell or supply, on written order:\n(i) gaming machines and linked jackpot arrangements to\nthe Director, a licensee, a person approved by the\nDirector or a recognised manufacturer or supplier of\ngaming machines; or\n(ii) restricted components to a person authorised under this\nAct to obtain and be in possession of the restricted\ncomponents; or\n(c) sell or supply, on written order, gaming machines, linked\njackpot arrangements or restricted components to a person in\na State or another Territory of the Commonwealth or a country\nwhere possession of such gaming machines, linked jackpot\narrangements or restricted components by the person is\nlawful.\n(2) A recognised manufacturer or supplier of gaming machines shall\nnot use premises for the manufacture, assembly, storage or\nhandling of gaming machines, linked jackpot arrangements or\nrestricted components unless the premises are approved by the\n\nGaming Machine Act 1995 104\n(3) A recognised manufacturer or supplier of gaming machines shall\nnot manufacture, obtain or be in possession of gaming machines or\nrestricted components unless it is for the purpose of:\n(a) the submission for evaluation by the Director of a particular\ndevice;\n(b) an action authorised under subsection (1)(b) or (c);\n(c) conducting genuine testing or development work; or\n(d) conducting, at premises approved by the Director, a genuine\ntraining course for licensed repairers or applicants for a\nrepairer's licence on the installation, alteration, adjustment,\nmaintenance or repair of gaming equipment.\n(4) A recognised manufacturer or supplier of gaming machines shall,\nnot later than one day after the manufacture, assembly,\ndisassembly or destruction of a gaming machine, advise the\nDirector in the form determined by the Director of the\nmanufacturer's serial number of the gaming machine.\n","sortOrder":142},{"sectionNumber":"121A","sectionType":"section","heading":"Sale of gaming machines and gaming equipment by licensees","content":"121A Sale of gaming machines and gaming equipment by licensees\nA licensee is authorised to sell gaming machines and gaming\nequipment in accordance with the procedures and conditions\nspecified in Regulations.\n","sortOrder":143},{"sectionNumber":"122","sectionType":"section","heading":"Possession, &c., of restricted components by recognised","content":"122 Possession, &c., of restricted components by recognised\nsuppliers of restricted components\n(1) A recognised supplier of restricted components is authorised to:\n(a) manufacture, obtain and be in possession of restricted\n(b) sell or supply, on written order, restricted components to a\nperson authorised under this Act to obtain and be in\npossession of the restricted components; or\n(c) sell or supply, on written order, restricted components to a\nperson in a State or another Territory of the Commonwealth or\na country where possession of such restricted components by\nthe person is lawful.\n\nGaming Machine Act 1995 105\n(2) A recognised supplier of restricted components shall not\nmanufacture, obtain or be in possession of a restricted component\nunless it is for the purpose of:\n(a) the submission for evaluation by the Director of a particular\ndevice;\n(b) an action authorised under subsection (1)(b) or (c);\n(c) conducting genuine testing or development work; or\n(d) conducting, at premises approved by the Director, a genuine\ntraining course for licensed repairers or applicants for\nrepairer's licences on the use of restricted components.\n","sortOrder":144},{"sectionNumber":"123","sectionType":"section","heading":"Possession etc. of restricted components by licensed","content":"123 Possession etc. of restricted components by licensed\nrepairers\nA licensed repairer is authorised to:\n(a) obtain and be in possession of restricted components to such\nextent as is necessary to do so as a licensed repairer;\n(b) supply restricted components to a licensed repairer employed\nby him or her as a licensed repairer;\n(c) sell or supply, on written order, restricted components to\nanother person authorised under this Act to obtain and be in\npossession of such restricted components; and\n(d) be in possession of a gaming machine or linked jackpot\narrangement only to such extent as is necessary:\n(i) with the approval of the Director, to remove, repair and\nreinstate a gaming machine or linked jackpot\narrangement provided to a licensee, subject to an\napproval of the Director for such removal, repair and\nreinstatement;\n(ii) to install, remove and consign the gaming machine or\nlinked jackpot arrangement in order to fulfil a written\norder of the Director; or\n(iii) to fulfil a written order of a licensee.\n\nGaming Machine Act 1995 106\n","sortOrder":145},{"sectionNumber":"124","sectionType":"section","heading":"Possession, &c., of restricted components by licensed service","content":"124 Possession, &c., of restricted components by licensed service\ncontractors\nA licensed service contractor is authorised to:\n(a) obtain and be in possession of restricted components to such\nextent as is necessary to do so as a licensed service\ncontractor;\n(b) supply restricted components to a licensed repairer employed\nby the licensed service contractor as a licensed repairer; and\n(c) sell or supply, on written order, restricted components to\nanother person authorised under this Act to obtain and be in\npossession of such restricted components.\n","sortOrder":146},{"sectionNumber":"124A","sectionType":"section","heading":"Possession etc. of gaming equipment by licensed monitoring","content":"124A Possession etc. of gaming equipment by licensed monitoring\nprovider\nA licensed monitoring provider is authorised to:\n(a) obtain and be in possession of gaming equipment to the\nextent necessary to do so as a licensed monitoring provider;\n(b) supply gaming equipment to a licensed repairer employed by\nthe licensed monitoring provider as a licensed repairer; and\n(c) sell or supply, on written order, gaming equipment to another\nperson authorised under this Act to obtain and be in\npossession of the equipment.\n","sortOrder":147},{"sectionNumber":"125","sectionType":"section","heading":"Possession etc. of gaming machines and restricted","content":"125 Possession etc. of gaming machines and restricted\ncomponents by licensees\n(1) A licensee is authorised to:\n(a) be in possession of gaming machines and linked jackpot\narrangements, on the licensee's licensed premises, that are\nprovided under the gaming machine licence to the licensee;\n(b) obtain and be in possession of restricted components, on the\nlicensee's licensed premises, to such extent as is necessary\nfor the efficient conduct of gaming on the licensed premises;\n(c) supply restricted components to:\n(i) a licensed service contractor with whom the licensee\nhas a service contract or a licensed monitoring provider\nwith whom the licensee has an agreement to provide a\nbasic monitoring service;\n\nGaming Machine Act 1995 107\n(ii) a person authorised under section 126(1) to have the\nrestricted components; or\n(iii) another licensee.\n(2) A licensee shall not, on the licensee's licensed premises, be in\npossession of, or allow a person to play:\n(a) a gaming machine that is not provided under the gaming\nmachine licence to the licensee for gaming on the licensed\n(b) a gaming machine that is not in accordance with the game,\ngaming token denomination or betting unit of the gaming\nmachine as provided under the gaming machine licence or, if\nthe gaming machine has been altered under section 40A, the\ngame, gaming token denomination or betting unit as last\naltered under that subsection.\n(3) A person whose gaming machine licence is suspended under\nsection 48, 49(9) or 50 is authorised to be in possession of gaming\nmachines provided under the gaming machine licence to the\nperson and restricted components during the period of suspension.\n(4) A licensee must not purchase a gaming machine unless:\n(a) the gaming machine is of a type approved by the Director; and\n(b) the particular purchase is approved by the Director.\nMaximum penalty: 2 500 penalty units.\n","sortOrder":148},{"sectionNumber":"126","sectionType":"section","heading":"Possession etc. of gaming machines etc. by other persons","content":"126 Possession etc. of gaming machines etc. by other persons\n(1) A person who carries out an installation, alteration, adjustment,\nmaintenance or repair that is prescribed for the purposes of\nsection 58(3), is authorised to obtain and be in possession of\nrestricted components to such extent as is necessary to carry out\nthe installation, alteration, adjustment, maintenance or repair.\n(2) Where a person is authorised to manufacture, sell, supply, obtain\nor be in possession of gaming machines, linked jackpot\narrangements or restricted components, a carrier hired by that\nperson is authorised to have possession of the gaming machines,\nlinked jackpot arrangements or restricted components to such\nextent as is necessary for the purpose of transporting it.\n\nGaming Machine Act 1995 108\n(3) A person conducting a genuine training course relating to the\nconduct of gaming who is not a listed person is authorised to be in\npossession of gaming machines, linked jackpot arrangements and\nrestricted components subject to:\n(a) the gaming machines, linked jackpot arrangements and\nrestricted components being provided by the Director or being\nprovided with the approval of the Director; and\n(b) compliance with all conditions (including the payment of fees)\nas may be imposed by the Director.\n(4) The Director or a member of the Police Force is authorised to\nobtain and be in possession of gaming machines, linked jackpot\narrangements, restricted components and devices capable of being\nrepresented as being gaming machines or linked jackpot\narrangements obtained by them in the course of their duties and to\ndo such acts with those things as may be necessary for the\nexercise or performance of their powers and functions under this\nAct.\n(5) A person, authorised by the Director, may manufacture, obtain, be\nin possession of or use (other than for gaming or the conduct of\ngaming) a gaming machine, linked jackpot arrangement, restricted\ncomponent or device capable of being represented as being a\ngaming machine or linked jackpot arrangement.\n","sortOrder":149},{"sectionNumber":"127","sectionType":"section","heading":"Consignment or movement of gaming machines","content":"127 Consignment or movement of gaming machines\n(1) A recognised manufacturer or supplier of gaming machines shall\nadvise the Director, in the form determined by the Director, before\ngaming machines are moved by, or on behalf of, the recognised\nmanufacturer or supplier of gaming machines:\n(a) to or from premises approved under section 121(2); or\n(b) to a place in the Territory from outside the Territory.\n(2) An advice under subsection (1) shall include:\n(a) the number of gaming machines;\n(b) the gaming machine type, game and manufacturer's serial\nnumber of each of the gaming machines;\n(c) the origin and destination of the gaming machines;\n(d) the intended dates of transport;\n(e) the way the gaming machines are to be transported;\n\nGaming Machine Act 1995 109\n(f) the name of the carrier; and\n(g) such other particulars as are specified in the form.\n","sortOrder":150},{"sectionNumber":"128","sectionType":"section","heading":"Purchase of gaming equipment etc.","content":"128 Purchase of gaming equipment etc.\nSubject to this Act, the Director is authorised to:\n(d) provide:\n(i) gaming machines, linked jackpot arrangements and\nlinked jackpot equipment to a licensee; and\n(ii) gaming machines, linked jackpot arrangements and\nrestricted components to a person conducting a genuine\ntraining course relating to the conduct of gaming;\n(da) sell gaming machines to approved finance providers;\n(e) sell restricted components to a person authorised under this\nAct to obtain and be in possession of the restricted\n(f) sell gaming equipment (other than linked jackpot\narrangements) and ancillary or related items;\n(g) contract for the service and maintenance of gaming\nequipment and ancillary or related items that are the property\nof the Territory; and\n(h) for the purpose of disposing of devices, sell or lease gaming\nmachines and linked jackpot arrangements to a person\nauthorised to obtain and be in possession of gaming\nmachines and linked jackpot arrangements.\n","sortOrder":151},{"sectionNumber":"129","sectionType":"section","heading":"Financing of gaming machines","content":"129 Financing of gaming machines\n(1) The Director may approve a financial institution to be a finance\nprovider for the purposes of this Act.\n(2) An approved finance provider is authorised to own gaming\nmachines but only for the purpose of financing the purchase, lease\nor rent of the gaming machines by licensees.\n\nGaming Machine Act 1995 110\n(3) A licensee must not enter into an arrangement with another person\nto finance the purchase, lease or rent of gaming machines by the\nlicensee unless the other person is an approved finance provider\nand the Director has approved the terms of the arrangement.\n(3A) A licensee must not vary the terms of an arrangement referred to in\nsubsection (3) without the approval of the Director.\n(3B) An application for an approval referred to in subsection (3) or (3A)\nis to be in a form approved by the Director and is to include the\ninformation required by the Director.\n(4) An approved finance provider must not enter into an arrangement\nwith another person to finance the purchase, lease or rent of\ngaming machines by the other person unless that other person is a\nlicensee.\n(5) A licensee must provide the Director with details of any security or\nother encumbrance taken by an approved finance provider over\ngaming machines in the licensee's possession, including the\nidentification and serial numbers of the gaming machines.\n(6) Where an approved finance provider holds a security or other\nencumbrance over gaming machines in a licensee's possession,\ndespite the terms of the security or encumbrance, the finance\nprovider must not take possession of the gaming machines under\nthe security or encumbrance without the approval of the Director.\n(7) The approval of the Director under subsection (6) may be given\nsubject to conditions.\n","sortOrder":152},{"sectionNumber":"131","sectionType":"section","heading":"Acceptance by Director of gaming equipment and games for","content":"131 Acceptance by Director of gaming equipment and games for\nevaluation\n(1) Without limiting section 129 or 130, the Director may, on payment\nof the prescribed fee, accept gaming equipment types and games\nfor evaluation.\n\nGaming Machine Act 1995 111\n(2) Where the Director accepts a gaming equipment type or game for\nevaluation under subsection (1), the Director shall, after evaluation\nof the gaming equipment type or game, approve the gaming\nequipment type or game or reject it.\n(3) Where, under subsection (1), the Director accepts for evaluation a\ngaming equipment type or game, the Director may require the\nperson who submitted the gaming equipment type or game to\nprovide such additional information or material as the Director\nconsiders is necessary in order to make the evaluation.\n(4) Where a requirement under subsection (3) is not complied with to\nthe satisfaction of the Director, the Director may reject the gaming\nequipment type or game without evaluation.\n(5) Where the Director accepts a gaming equipment type or game for\nevaluation, the Director must:\n(a) evaluate it; or\n(b) refer it to an approved evaluator for evaluation.\n(6) If the Director evaluates the gaming equipment type or game, the\nDirector must approve it or reject it.\n(7) If an approved evaluator evaluates the gaming equipment type or\ngame, the Director must:\n(a) accept the evaluator's decision to accept or reject it; or\n(b) refuse to accept the evaluator's decision and substitute the\nDirector's own decision to reject or accept it.\n(8) The Director must notify the person who submitted a gaming\nequipment type or game for evaluation of the Director's decision\nunder this section.\n(9) The costs and expenses incurred by the Director in obtaining an\nevaluation from an approved evaluator for the purposes of this\nsection are a debt due to the Territory by the person who submitted\nthe gaming equipment type or game for evaluation.\n(10) The Director may approve a person to be an evaluator for the\n(11) An approval under subsection (10) is subject to:\n(a) the conditions (if any ) that are prescribed; and\n\nGaming Machine Act 1995 112\n","sortOrder":153},{"sectionNumber":"132","sectionType":"section","heading":"Withdrawal of approval of gaming machine types and games","content":"132 Withdrawal of approval of gaming machine types and games\n(1) If the Director, under section 172(2), withdraws the approval of an\napproved gaming machine type or game, the Director shall as soon\nas practicable give written notice of, and reasons for the withdrawal\nto:\n(a) the person who submitted the gaming machine type or game\nunder section 129 or 131; and\n(b) licensees provided with a gaming machine of that gaming\nmachine type or game.\n(2) A licensee who permits gaming on a gaming machine of a gaming\nmachine type or game specified in a notice given to the licensee\nunder subsection (1) is guilty of an offence against this Act.\n","sortOrder":154},{"sectionNumber":"133","sectionType":"section","heading":"Gaming machines supplied to be in accordance with approval","content":"133 Gaming machines supplied to be in accordance with approval\nA recognised manufacturer or supplier of gaming machines shall\nnot, without the approval of the Director, supply a gaming machine\nwhich is in any material particular different from:\n(a) the gaming machine type or game approved by the Director;\nor\n(b) the gaming machine type or game specified in the order\nplaced by a licensee.\n","sortOrder":155},{"sectionNumber":"134","sectionType":"section","heading":"Linked jackpots","content":"134 Linked jackpots\n(1) A licensee on the licensee's licensed premises shall not, without\nthe written approval of the Director:\n(a) install or operate or cause or allow to be installed or operated\na single site linked jackpot arrangement;\n(b) install or operate or cause or allow to be installed or operated\nor participate in the operation of, a multiple site linked jackpot\narrangement; or\n\nGaming Machine Act 1995 113\n(c) install or operate or cause or allow to be installed or operated\nor participate in the operation of any other electronically\nconnected gaming machine system, under which the return to\na player for a result obtained on a gaming machine or by\nelectronically connected equipment is different to the return\nprovided for that result by the game as approved by the\n(2) An application for an approval under subsection (1) shall:\n(a) be made by a licensee in the form determined by the Director;\n(b) contain or be accompanied by such other matters and\nparticulars as determined by the Director;\n(c) be accompanied by the prescribed fee, if any; and\n(d) be forwarded to or lodged with the Director.\n(3) An approval under subsection (1) shall be given an identifying\napproval number.\n(4) A licensee shall not cease to operate or participate in the operation\nof an arrangement or system approved under subsection (1)\nwithout the written approval of the Director.\n(5) A licensee operating or participating in the operation of an\narrangement or system approved under subsection (1) who fails to\ncomply with:\n(a) a condition to which the approval is subject; or\n(b) a requirement prescribed in relation to the conduct or\noperation of the arrangement or system approved under\nsubsection (1),\n\nGaming Machine Act 1995 114\n(6) The Director may approve arrangements as the Director considers\nappropriate in order for the Director or another person to:\n(a) collect moneys from licensees participating in the operation of\nlinked jackpot arrangements; and\n(b) make payments to persons entitled to the amount, or part of\nthe amount, recorded by the linked jackpot arrangement.\n(7) A licensee who fails to comply with an arrangement approved\nunder subsection (6) is guilty of an offence.\n(9) The Director may do any of the following in respect of linked\njackpot equipment provided under a gaming machine licence:\n(a) remove the equipment, or cause the equipment to be\nremoved, from the licensee's licensed premises;\n(b) approve, or refuse to approve, the replacement of equipment\nremoved under paragraph (a);\n(c) cause equipment removed under paragraph (a) to be\nreplaced.\n(10) Linked jackpot equipment shall be in accordance with such type or\ndescription as the Director determines.\n(11) If an application for an approval under subsection (1) is refused, the\nDirector shall as soon as practicable give the applicant written\nnotice of, and the reasons for, the refusal.\n","sortOrder":156},{"sectionNumber":"135","sectionType":"section","heading":"Gaming machines to be labelled with identification number","content":"135 Gaming machines to be labelled with identification number\n(1) The Director shall issue an identification number for each gaming\nmachine approved for use in the Territory.\n(2) The Director may, at any time after the issue of an identification\nnumber for a gaming machine, issue a new identification number\nfor that gaming machine.\n(3) The Director shall affix or cause to be affixed to each gaming\nmachine a label showing:\n(a) the identification number issued under subsection (1) or (2);\nand\n(b) such other particulars as the Director considers appropriate,\n\nGaming Machine Act 1995 115\non one internal and one external surface of the cabinet of the\n(4) A label affixed under this section is to be made of such material,\nand be affixed, as the Director considers appropriate.\n(5) A licensee must not operate a gaming machine unless a label that\ncomplies with this section is affixed to the gaming machine in\naccordance with this section.\n(6) Before a gaming machine on a licensee's licensed premises is\ndisposed of outside the Territory or is destroyed, the licensee must\nreturn or cause to be returned to the Director the label affixed to the\n(7) A licensed service contractor must keep a label that is not affixed to\na gaming machine in a secure place and must not use the label\nexcept in accordance with a procedure that is prescribed or is\napproved by the Director.\n(8) A licensed service contractor must not hold more than the number\nof labels determined by the Director.\n","sortOrder":157},{"sectionNumber":"136","sectionType":"section","heading":"Gaming prohibited on unprotected devices","content":"136 Gaming prohibited on unprotected devices\n(1) A licensee shall not, without lawful excuse, be in possession of or\npermit gaming on a gaming machine unless the computer cabinet\nof the gaming machine is securely sealed with a seal affixed by:\n(a) an inspector;\n(b) a licensed repairer or licensed monitoring provider acting\n(c) a person authorised under section 138(4).\n(2) Subject to subsection (3), at any time when a seal on a computer\ncabinet has been removed, broken or damaged, the licensee shall\nnot permit gaming on the gaming machine until the gaming\n\nGaming Machine Act 1995 116\nmachine has been examined by an inspector or person authorised\nby the Director and the computer cabinet has been sealed.\n(3) Subsection (2) does not apply to a gaming machine that is not\navailable for gaming due to the gaming machine undergoing:\n(a) repairs by a licensed repairer under this Act; or\n(b) an alteration to effect a change of game, gaming token\ndenomination or betting unit approved, or caused, by the\nDirector under section 40(2).\n","sortOrder":158},{"sectionNumber":"136A","sectionType":"section","heading":"Director to issue or approve seals","content":"136A Director to issue or approve seals\nThe Director may issue or approve seals for use in relation to\ngaming machines.\n","sortOrder":159},{"sectionNumber":"137","sectionType":"section","heading":"Unlawful interference with gaming equipment","content":"137 Unlawful interference with gaming equipment\n(1) Subject to subsection (2), a person shall not:\n(a) have possession of a device made or adapted, or intended by\nthe person to be used, for interfering with the normal\noperation of gaming equipment on licensed premises;\n(b) do any act or thing calculated, or likely, to interfere with the\nnormal operation of gaming equipment on licensed premises;\n(c) except as provided in section 134, do an act or thing\ncalculated to interfere with gaming equipment under which the\nreturn to a player for a result obtained on a gaming machine\non licensed premises is different to the return provided for that\nresult by the game as approved by the Director;\n(d) do an act or thing calculated to render a gaming machine on\nlicensed premises, either temporarily or otherwise, incapable\nof producing a winning combination; or\n(e) wilfully insert, or cause to be inserted, in a gaming machine on\nlicensed premises anything other than a gaming token of the\ndenomination or type displayed on the gaming machine as a\ngaming token to be used in order to operate or gain credit on\nthe gaming machine.\n\nGaming Machine Act 1995 117\n(2) Subsection (1) does not apply to any act or thing done in good faith\nin connection with:\n(a) the installation, alteration, adjustment, maintenance or repair\nof gaming equipment by a licensed repairer;\n(b) the carrying out of an installation, alteration, adjustment,\nmaintenance or repair prescribed for the purposes of\nsection 58(3);\n(c) an alteration to a gaming machine to effect a change of game,\ngaming token denomination or betting unit approved, or\ncaused, by the Director under section 40A; or\n(d) the exercise or performance of a power or function by an\ninspector under this Act.\n(3) A person shall not knowingly, because of fraudulent computer\nprogramming, gain for that person or another person an advantage\nin the operation of gaming equipment.\n(4) A person who dishonestly, or because of gross negligence, during\nthe design, manufacture or assembly of gaming equipment, makes\nprovision to subsequently gain for that person or another person an\nadvantage in the operation of the gaming equipment is guilty of an\noffence.\n","sortOrder":160},{"sectionNumber":"138","sectionType":"section","heading":"Protection of sensitive areas of gaming equipment","content":"138 Protection of sensitive areas of gaming equipment\n(1) Subject to subsections (2) and (4), a person, other than an\ninspector, shall not:\n(a) break a seal securing a computer cabinet or gain access to\nanything within the computer cabinet;\n(b) affix a seal to a computer cabinet;\n(c) break a seal protecting the integrity of the game program of a\n(d) remove, replace or in any way affect or interfere with the\noperation of a computer cabinet or anything within the\ncomputer cabinet;\n\nGaming Machine Act 1995 118\n(e) remove or interfere with a security device of a gaming\nmachine;\n(f) interfere with the normal operation of the components of a\n(g) interfere with information stored or transmitted electronically\nby a gaming machine, linked jackpot arrangement or\nelectronic monitoring system;\n(h) affix a mark or seal to gaming equipment to preserve the\nintegrity of operation of the gaming equipment;\n(j) remove or interfere with a mark or seal affixed to gaming\nequipment to preserve the integrity of operation of the gaming\n(k) remove, alter or otherwise interfere with the manufacturer's\nidentification plate or the manufacturer's serial number of a\n(m) remove, alter or otherwise interfere with an identification label\naffixed to a gaming machine under section 135; or\n(n) affix anything capable of being taken as a label referred to in\nsection 135 to a gaming machine or a device capable of being\ntaken as a gaming machine.\n(2) A licensed repairer is authorised, to such extent as is necessary, in\nthe performance of his or her duties as a licensed repairer to do a\nthing referred to in subsection (1)(a) to (f) if:\n(a) a conversion report is submitted under subsection (5) or the\nlicensed repairer immediately submits a repairer's report to\nthe Director in the form determined by the Director; and\n(b) the licensed repairer does not, without the approval of the\nDirector:\n(i) break a seal securing a computer cabinet;\n(ii) affix a seal to a computer cabinet;\n(iii) remove or interfere with a mark or seal affixed to gaming\nequipment to preserve the integrity of operation of the\ngaming equipment; or\n\nGaming Machine Act 1995 119\n(iv) affix a mark or seal to gaming equipment to preserve the\nintegrity of operation of the gaming equipment.\n(3) If a licensed repairer breaks a seal securing a computer cabinet,\nthe licensed repairer shall ensure that the gaming machine is not\nplayed (other than for testing purposes) until the computer cabinet\nis again secured with a seal provided by the Director.\n(4) The Director may authorise a person to do anything referred to in\n(5) A person shall not do anything to a gaming machine to effect a\nchange in the game, gaming token denomination or betting unit of\nthe gaming machine unless:\n(a) the alteration is approved, or caused, by the Director under\nsection 40(2); and\n(b) the person performing the alteration immediately submits a\nconversion report to the Director in the form determined by the\n","sortOrder":161},{"sectionNumber":"139","sectionType":"section","heading":"Wilful damage of gaming equipment","content":"139 Wilful damage of gaming equipment\nA person shall not wilfully damage or deface gaming equipment on\n","sortOrder":162},{"sectionNumber":"140","sectionType":"section","heading":"Use of gaming machines not provided to licensees","content":"140 Use of gaming machines not provided to licensees\n(1) A person, other than an inspector or a person referred to in\nsubsection (2), shall not play or allow another person to play a\ngaming machine unless it is provided under a gaming machine\n\nGaming Machine Act 1995 120\n(2) A person who has possession of a gaming machine:\n(a) for the purpose of conducting:\n(i) a training course referred to in section 121(3)(d)\nor 126(3); or\n(ii) genuine testing or development work referred to in\nsection 121(3)(c); or\n(b) under an authority under section 126(5) and where the\nauthority permits,\nmay play or allow another person to play the gaming machine only\nfor the purpose of simulating gaming.\n(3) A person shall not:\n(a) play, or allow another person to play a gaming machine\nreferred to in subsection (2) by the use of a gaming token\nwhich is:\n(i) Australian currency;\n(ii) approved under section 93(3); or\n(iii) in any way negotiable; or\n(b) allow any winnings to become payable because of playing a\ngaming machine referred to in subsection (2).\n","sortOrder":163},{"sectionNumber":"141","sectionType":"section","heading":"Monthly money reconciliations","content":"141 Monthly money reconciliations\n(1) Subject to subsection (2), a licensee shall carry out a money\nreconciliation of all gaming machines installed on the licensee's\nlicensed premises:\n(a) after the end of the operation of gaming machines that started\non the last day of each month; and\n(b) before the start of the operation of gaming machines on the\nfirst day of the next month.\n\nGaming Machine Act 1995 121\n(2) The Director may direct a licensee to carry out the money\nreconciliation referred to in subsection (1) during such period as the\nDirector determines, and the licensee shall comply with the\ndirection.\n(3) A licensee shall, in conjunction with a money reconciliation carried\nout under this section, carry out such functions as the Director\ndetermines to be carried out in conjunction with the money\nreconciliation.\n","sortOrder":164},{"sectionNumber":"142","sectionType":"section","heading":"Daily money clearances","content":"142 Daily money clearances\n(1) A licensee shall, at least once each day, carry out a money\nclearance of each gaming machine on the licensee's licensed\n(2) A licensee shall, in conjunction with carrying out a money clearance\nunder subsection (1), carry out such functions as the Director\ndetermines to be carried out in conjunction with such a money\nclearance.\n","sortOrder":165},{"sectionNumber":"143","sectionType":"section","heading":"Accounts and analyses","content":"143 Accounts and analyses\n(1) A licensee shall keep and maintain such accounting records, in the\nway and the form determined by the Director, as correctly record\nand explain the licensee's financial operations in respect of, or\nconnected with, gaming and the conduct of gaming on the\n(2) A licensee shall carry out such accounting analysis as the Director\ndetermines.\n","sortOrder":166},{"sectionNumber":"144","sectionType":"section","heading":"Monthly gaming machine reconciliation reports to be","content":"144 Monthly gaming machine reconciliation reports to be\nsubmitted\n(1) A licensee shall lodge with the Director, not later than 14 days after\nthe last day of each month, a gaming machine reconciliation report\nin respect of each of the licensee's licensed premises for that\nmonth.\n\nGaming Machine Act 1995 122\n(2) A gaming machine reconciliation report shall under subsection (1):\n(a) be made in the way and form determined by the Director; and\n(b) give an accurate account of the matters contained in the\nreport in relation to gaming and the conduct of gaming on the\npremises to which it relates.\n","sortOrder":167},{"sectionNumber":"145","sectionType":"section","heading":"Records not to be falsified, &c.","content":"145 Records not to be falsified, &c.\nA person shall not, with intent to defraud:\n(a) destroy, alter, mutilate or falsify an accounting record or\nreport; or\n(b) make, or cause to be made, a false, erroneous or misleading\nentry in, or omit or alter, or cause to be omitted or altered, an\nentry in an accounting record or report,\nrequired to be kept, maintained or lodged under this Part.\n","sortOrder":168},{"sectionNumber":"146","sectionType":"section","heading":"Audit of accounts","content":"146 Audit of accounts\n(1) In this section, accountant means:\n(a) a member of the Institute of Chartered Accountants in\nAustralia who holds a current Certificate of Public Practice\nissued by the Institute;\n(b) a member of the CPA Australia who holds a current Public\nPractice Certificate in accordance with the by-laws of CPA\nAustralia;\n(ba) a member of the Institute of Public Accountants ACN 004 130\n643 who holds a current Certificate of Professional Practice\nissued by the Institute;\n(c) a person registered as an auditor under the Corporations\nAct 2001; or\n(d) in a particular case, a member of an accounting body referred\nto in paragraph (a) or (b) who:\n(i) does not hold the current certificate referred to in the\nparagraph; and\n\nGaming Machine Act 1995 123\n(ii) is approved as an accountant by the Director.\n(2) A licensee shall, in respect of each of the licensee's licensed\npremises, at the licensee's own expense and not later than\n3 months after the expiration of each financial year:\n(a) prepare, or cause to be prepared, a statement of income and\nexpenditure, a statement of financial position and a statement\nof cash flow that also identifies receipts, payments and all\naccounts relating to gaming on the licensee's licensed\npremises during the year; and\n(b) have the accounts relating to such gaming and conduct of\ngaming audited by an accountant.\n(3) If a person ceases for any reason to be a licensee, the person\nshall, at the person's own expense and not later than one month\nafter ceasing to be a licensee (or such further period as the Director\nmay allow):\n(a) prepare, or cause to be prepared, a statement of income and\nexpenditure, a statement of financial position and a statement\nof cash flow that also identifies receipts, payments and all\naccounts relating to gaming on the person's licensed premises\nfrom the day to which the gaming machine accounts were last\naudited under subsection (2)(b) to the day the person ceased\nto be a licensee or, if an audit has not been performed, for the\nperiod from the start of gaming to the day the person ceased\nto be a licensee; and\n(b) have the accounts relating to such gaming and conduct of\ngaming audited by an accountant.\n(6) If the licensee is a club it must include in the statement of receipts\nand payments prepared under subsection (2)(a) or (3)(a):\n(a) a statement detailing the number of members in each class of\nmembership of the club as at the expiration of the financial\nyear;\n(b) a statement detailing the club's contributions to the\ncommunity, including the identity of recipients and the\namounts dispersed;\n(c) a statutory declaration signed by the principal executive officer\nof the club declaring that the proceeds from the conduct of\ngaming were expended promoting the objectives of the club;\nand\n\nGaming Machine Act 1995 124\n(d) such other matters as may be prescribed.\n","sortOrder":169},{"sectionNumber":"147","sectionType":"section","heading":"Books, records, &c., to be kept for 7 years","content":"147 Books, records, &c., to be kept for 7 years\nSubject to section 162, an accounting record required to be kept\nand maintained by a licensee under this Part shall be retained by\nthe licensee for not less than 7 years from the date of the latest\nentry in the accounting record.\n","sortOrder":170},{"sectionNumber":"148","sectionType":"section","heading":"Gross monthly profit","content":"148 Gross monthly profit\n(1) Each month the Director shall make, or cause to be made, in\nrespect of the preceding month, an assessment of the gross\nmonthly profit of each licensed premises and the assessment shall\nbe taken to be, for the preceding month, the gross monthly profit of\nthe licensed premises.\n(2) If an assessment is made under subsection (1) by way of an\nelectronic monitoring system installed on the licensee's licensed\npremises under an agreement referred to in section 59A(6) or (8),\nthe period covered by the assessment:\n(a) for the month in which the system is installed, commences\nwhen the system first reports data from the premises to the\nDirector and ends when the system first reports data from the\npremises to the Director in the next month; and\n(b) for each month after the month in which the system is\ninstalled, commences when the system first reports data from\nthe premises to the Director for the month and ends when the\nsystem first reports data from the premises to the Director in\nthe next month.\n","sortOrder":171},{"sectionNumber":"149","sectionType":"section","heading":"Gaming machine tax","content":"149 Gaming machine tax\n(1) A licensee shall pay, or cause to be paid, in the manner prescribed\na gaming machine tax to the Director each month in respect of the\n\nGaming Machine Act 1995 125\n(2) The gaming machine tax shall be paid on or before the day\nprescribed of the month next following the month in respect of\nwhich it is payable.\n(3) The amount of gaming machine tax payable in respect of licensed\npremises is the amount as is represented by the percentage\nprescribed for the category of licensed premises to which the\nlicensed premises belongs of the gross monthly profit of the\nlicensed premises for the month in respect of which the tax is\npayable.\n(4) The percentage prescribed for subsection (3) may vary according\nto the amount of the gross monthly profit and different percentages\nmay be prescribed for different components of the gross monthly\nprofit.\n","sortOrder":172},{"sectionNumber":"149A","sectionType":"section","heading":"Gaming machine ownership costs","content":"149A Gaming machine ownership costs\n(1) If a licensee uses a gaming machine under the licensee's licence\nthat is provided by the Director, the licensee must pay to the\nDirector each month while the gaming machine continues to be\nused the costs and charges in respect of the gaming machine\nimposed under this section.\n(2) The costs and charges are to be paid in the manner prescribed on\nor before the day prescribed of the month next following the month\nin respect of which they are payable.\n(3) The costs and charges to be imposed on a licensee under this\nsection are to be prescribed.\n(4) The costs and charges imposed under this section are to be\ndetermined having regard to the reasonable costs and charges\narising out of, or associated with, the Director's ownership of the\ngaming machine, monitoring costs and the costs of repairs to and\nmaintenance of the gaming machine.\n(5) The Director may waive or reduce a cost or charge payable by a\nlicensee under this section.\n(6) The Director must report to the Minister all costs and charges\nwaived or reduced under subsection (5) during a financial year\nwithin 3 months after the end of the financial year.\n","sortOrder":173},{"sectionNumber":"150","sectionType":"section","heading":"Gaming machine community benefit levy","content":"150 Gaming machine community benefit levy\n(1) A licensee shall pay a gaming machine community benefit levy to\nthe Director each month for the licensee's licensed premises.\n\nGaming Machine Act 1995 126\n(2) The gaming machine community benefit levy shall be paid in the\nmanner prescribed on or before the prescribed day in the month\nafter the month for which it is payable.\n(3) The amount of the gaming machine community benefit levy\npayable for licensed premises for a month is the prescribed\npercentage of the gross monthly profit of the licensed premises for\nthe month.\n","sortOrder":174},{"sectionNumber":"152","sectionType":"section","heading":"Payment of monthly taxes, levies etc.","content":"152 Payment of monthly taxes, levies etc.\n(1) A licensee shall, in respect of each of the licensee's licensed\npremises, ensure that the Director receives, on or before the day\nprescribed of each month, an amount not less than the total\namount of:\n(a) the gaming machine tax and gaming machine community\nbenefit levy payable under this Part;\n(ab) any costs and charges payable under section 149A;\n(b) any penalty payable under section 153 on or before that day;\nand\n(c) any gaming machine tax, gaming machine community benefit\nlevy and any penalty under section 153 payable and\nremaining unpaid at the end of the day prescribed of the\npreceding month.\n(2) A payment to the Director in respect of gaming machine tax,\ngaming machine community benefit levy, costs and charges\npayable under section 149A or a penalty under section 153 shall be\nidentifiable as being in respect of a single licensed premises and\nexclusive of payments for any other licensee or purpose.\n(3) Where a payment to the Director does not comply with\nsubsection (2), the Director shall determine the licensed premises\nor purpose for which the payment was made and this Act applies to\nthe payment as if the payment had been made and identified for\nthe licensed premises or purpose so determined.\n\nGaming Machine Act 1995 127\n","sortOrder":175},{"sectionNumber":"153","sectionType":"section","heading":"Penalty for late payment","content":"153 Penalty for late payment\n(1) Where, in respect of any licensed premises, by the end of the day\nprescribed of a month (or at the discretion of the Director by a time\nnot more than 7 days later than the end of the day prescribed) the\namount received by the Director under section 152(1) is less than\nthe total amount referred to in that subsection in respect of that\nmonth:\n(a) the Director shall impose on the licensee a penalty calculated\nby applying the percentage prescribed on the difference\nbetween the 2 amounts; and\n(b) the amount received is to be credited as prescribed.\n(2) A penalty imposed under subsection (1)(a) is to be paid in the\nmanner prescribed and is due and payable by the licensee on or\nbefore the day prescribed of the month following the date on which\nit is imposed.\n","sortOrder":176},{"sectionNumber":"154","sectionType":"section","heading":"Overpaid money","content":"154 Overpaid money\nWhere the amount received by the Director in a month under\nsection 152(1) is greater than the total amount referred to in that\nsubsection, the difference shall be:\n(a) taken to be a payment forming part of the payment to be\nmade for the following month under section 152(1) in respect\nof the licensed premises; or\n(b) at the discretion of the Director, forwarded to the licensee, on\nwritten application by the licensee.\n","sortOrder":177},{"sectionNumber":"155","sectionType":"section","heading":"Statement and report by Director","content":"155 Statement and report by Director\n(1) The Director shall forward to a licensee as soon as practicable after\nthe receipt of each monthly gaming machine reconciliation report\nfrom the licensee under section 144 or, if a complete report is not\nreceived by the expiration of 10 days after the date on which the\nreport is due, as soon as practicable after that expiration:\n(a) a financial statement; and\n(b) a gaming machine performance report,\ncontaining such particulars as the Director considers appropriate in\nrespect of each of the licensee's licensed premises.\n\nGaming Machine Act 1995 128\n(2) The Director may, by written notice, require a licensee to provide to\nthe Director an explanation, by a machine manager of the licensed\npremises, in relation to any matter contained in a statement or\nreport referred to in subsection (1).\n(3) A licensee shall, on receiving a statement or report under\nsubsection (1), cause the report to be reviewed and signed by a\nmachine manager of the licensed premises.\n","sortOrder":178},{"sectionNumber":"156","sectionType":"section","heading":"Disposition of fees etc.","content":"156 Disposition of fees etc.\n(1) Except as otherwise provided by this Act, the Regulations or a\ncontract, agreement or other arrangement entered into for the\npurposes of this Act, all fees and charges payable under this Act,\nother than a payment referred to in subsection (2), received by the\nDirector shall be paid into the Central Holding Authority.\n(2) A payment in respect of a gaming machine tax, gaming machine\ncommunity benefit levy or penalty under section 153 shall, on its\nreceipt, be paid into the Director's Agency Operating Account for\nthe purpose of holding such payments until an assessment is made\non the amounts of such payment under subsection (3).\n(3) A payment referred to in subsection (2) shall, as soon as\npracticable after the production of the relevant statement under\nsection 155(1)(a), be withdrawn from the account referred to in\nsubsection (2) and such part of the payment as is assessed by the\nDirector as being:\n(a) gaming machine tax or a penalty under section 153 shall be\npaid by the Director into the Central Holding Authority; or\n(b) gaming machine community benefit levy, shall be paid by the\nDirector into the Community Benefit Fund.\n","sortOrder":179},{"sectionNumber":"157","sectionType":"section","heading":"Recovery of taxes and levies","content":"157 Recovery of taxes and levies\n(1) Except as otherwise provided by this Act, the Regulations or a\ncontract, agreement or other arrangement entered into for the\npurposes of this Act, a gaming machine tax, gaming machine\ncommunity benefit levy, costs and charges payable under\nsection 149A or a penalty payable under section 153 that remains\nunpaid may be recovered as a debt due and payable by the\nlicensee to the Territory.\n\nGaming Machine Act 1995 129\n(2) The Director may, instead of proceeding with or continuing an\naction under subsection (1), accept in full payment of a debt\npayable, an amount that is less than the amount payable or\nremaining unpaid where:\n(a) the gaming machine licence in relation to which the debt is\npayable has been cancelled or surrendered; and\n(b) the person who held the licence is not the holder of any other\ngaming machine licence.\n","sortOrder":180},{"sectionNumber":"158","sectionType":"section","heading":"Offences relating to revenue","content":"158 Offences relating to revenue\n(1) A licensee who:\n(a) wilfully evades the payment, in whole or part, of a gaming\nmachine tax or gaming machine community benefit levy\npayable under this Part, any costs and charges payable under\nsection 149A or a penalty payable under section 153;\n(b) makes or provides, or authorises or permits the making or\nproviding of, a monthly gaming machine reconciliation report\nto the Director knowing the report to be false, erroneous or\nmisleading in a material particular; or\n(c) knowingly makes or provides, or authorises or permits the\nmaking of, a monthly gaming machine reconciliation report to\nthe Director containing errors in calculation that result in a\ndelay or avoidance of the payment, in whole or part, of a\ngaming machine tax or gaming machine community benefit\nlevy payable under this Part or a penalty payable under\nsection 153,\n(2) A licensee who:\n(a) makes or provides, or authorises or permits the making or\nproviding of, a monthly gaming machine reconciliation report\nto the Director that is false, erroneous or misleading in a\nmaterial particular, without having taken reasonable steps to\nensure that the report was not false, erroneous or misleading\nin a material particular; or\n(b) knowingly lodges or causes to be lodged with the Director a\nremittance of an amount less than the amount due and\npayable under section 152(1),\n\nGaming Machine Act 1995 130\n","sortOrder":181},{"sectionNumber":"159","sectionType":"section","heading":"Offences relating to explanations","content":"159 Offences relating to explanations\n(1) A licensee who, when required under section 155(2) to provide a\nwritten explanation:\n(a) fails to provide a written explanation; or\n(b) knowingly provides an explanation that is false, erroneous or\nmisleading in a material particular,\n(2) A machine manager who knowingly makes a written explanation,\nfor the purposes of a requirement under section 155(2), that is\nfalse, erroneous or misleading in a material particular is guilty of an\noffence.\n","sortOrder":182},{"sectionNumber":"160","sectionType":"section","heading":"Definitions","content":"160 Definitions\nIn this Part, unless the contrary intention appears:\narticle means:\n(a) gaming equipment;\n(b) a restricted component;\n(c) a device capable of being represented as being a gaming\nmachine or linked jackpot arrangement;\n(d) anything capable of forming gaming equipment;\n(e) anything inserted, or capable of being inserted, into a gaming\nmachine in order to operate or gain credit on the gaming\nmachine (other than a gaming token of the denomination or\ntype displayed on the gaming machine);\n(f) a device intended for use, or capable of being used, to\ninterfere with the normal operation of gaming equipment;\n\nGaming Machine Act 1995 131\n(g) anything that permits or facilitates cheating or stealing;\n(h) a gaming token;\n(j) a lock or key;\n(k) a counter of or apparatus for weighing gaming tokens; or\n(m) any other item related to gaming or the conduct of gaming or\nthe manufacture, assembly, sale, supply, installation,\nmaintenance or repair of gaming equipment.\nrecords means books, accounts, records or documents, in any\nform, which are related to:\n(a) the conduct of gaming;\n(b) the manufacture, assembly, sale, supply, installation,\n(c) the administration of licensed premises.\n","sortOrder":183},{"sectionNumber":"161","sectionType":"section","heading":"Directions to licensees","content":"161 Directions to licensees\n(1) The Director may give written directions to a person about a matter\nconnected with the administration or enforcement of this Act,\nincluding but not limited to directions to the following persons about\nthe following matters:\n(a) a licensee about the conduct of gaming or the administration\nof the licensee's licensed premises;\n(b) a licensed monitoring provider about the conduct of gaming or\nthe supply of a basic monitoring service;\n(c) a recognised manufacturer or supplier of gaming machines\nabout the manufacture, sale or supply of gaming machines;\n(d) a licensed service contractor about the installation, alteration,\nadjustment, maintenance, repair or removal of gaming\n(e) a licensed repairer about the installation, alteration,\nadjustment, maintenance, repair or removal of gaming\n(f) a person authorised or approved under this Act about the\nperson's functions or powers under this Act.\n\nGaming Machine Act 1995 132\n(2) A person shall comply with and not contravene a direction given\nunder subsection (1).\n(3) If a person who has been convicted of an offence against\nsubsection (1) continues to fail to comply or continues to\ncontravene the direction given under the subsection, the person is\nguilty of an offence.\nMaximum penalty: 8 penalty units for each day during which\nthe offence continues.\n","sortOrder":184},{"sectionNumber":"161A","sectionType":"section","heading":"Guidelines by Director","content":"161A Guidelines by Director\nThe Director may publish guidelines for the administration of this\nAct.\n","sortOrder":185},{"sectionNumber":"162","sectionType":"section","heading":"Powers of inspectors","content":"162 Powers of inspectors\n(1) Subject to subsections (2) and (7), an inspector, who believes on\nreasonable grounds that it is necessary in the exercise or\nperformance of the inspector's powers or functions under this Act,\nmay enter, be and remain on licensed premises or any other place\nin or at which the inspector believes on reasonable grounds any:\n(a) article is manufactured, assembled, sold, supplied, stored,\ntransported, handled, installed, altered, obtained, possessed,\noperated, used, adjusted, maintained, repaired or kept; or\n(b) records are made, maintained, prepared, handled, stored or\nkept;\nand may:\n(c) make such investigations and inquiries as are necessary to\nascertain whether this Act is being complied with;\n(d) make an inspection of the licensed premises or other place\nand of:\n(i) any articles, records, fittings and fixtures; and\n(ii) any other thing of any kind apparently used, or capable\nof being used, in connection with:\n(A) gaming or the conduct of gaming; or\n\nGaming Machine Act 1995 133\n(B) the manufacture, assembly, sale, supply,\ninstallation, alteration, obtaining, possession,\noperation, use, adjustment, maintenance or repair\nof gaming equipment;\n(e) open, or order to be opened:\n(i) any container or other receptacle of any kind; or\n(ii) a door of any container or other receptacle of any kind,\nused for the storage or conveyance of any article or records or\nthat the inspector believes on reasonable grounds contains\nany article or records;\n(f) search for and seize and retain any article, records or other\nthing that the inspector considers will afford evidence as to the\ncommission of an offence against this Act or any other Act or\nlaw suspected by the inspector on reasonable grounds to\nhave been committed;\n(g) open or order to be opened any gaming equipment;\n(h) inspect and test any gaming equipment or part of the gaming\nequipment and order the withdrawal from use of any gaming\nequipment or part considered by the inspector to be\nunsatisfactory for use;\n(j) take such photographs, or films or audio or visual recordings\nthat he or she considers may afford evidence as to the\ncommission of an offence against this Act or any other Act or\nlaw suspected by the inspector on reasonable grounds to\nhave been, or to be likely to be, committed;\n(k) require a person to produce to the inspector any licence,\nregistration, permit, approval, certificate or authorisation under\nthis Act granted or issued to that person or alleged by that\nperson to have been granted or issued to that person;\n(m) when so required by the Director:\n(ii) alter a gaming machine to effect a change in the game,\ngaming token denomination or betting unit; or\n(iii) take possession of and remove any gaming equipment\nor ancillary or related property of the Crown and do such\nworks and actions as are required in order to do so; and\n(n) in all other respects, exercise and perform the inspector's\npowers and functions under this Act.\n\nGaming Machine Act 1995 134\n(2) Where an act referred to in subsection (1)(a) or (b) is carried out\nduring the night time, an entry and inspection under subsection (1)\nmay be made at all reasonable times during the day time or night\ntime but otherwise such entry and inspection shall be made at all\nreasonable times during the day time.\n(3) An inspector, who believes on reasonable grounds that it is\nnecessary in the exercise or performance of the inspector's powers\nor functions under this Act, may:\n(a) require any person who has in the person's possession or\nunder the person's control any article or records to:\n(i) produce for the inspector's inspection such article or\nrecords; and\n(ii) attend before the inspector at a time and place named\nand to answer questions or supply information with\nrespect to any article or records or any entry in any\narticle or records;\n(b) inspect any article or records referred to in paragraph (a) and\ntake such notes or copies of or in relation to such records or\ntake extracts from such records as the inspector considers are\nnecessary;\n(c) for the purpose of obtaining evidence for production in\nproceedings against any person for an offence against this\nAct or any other Act or law, seize and retain any article or\nrecords inspected by the inspector under paragraph (b);\n(d) require any person responsible for or connected with:\n(i) the conduct of gaming; or\n(ii) the manufacture, assembly, sale, supply, installation,\nor\n(iii) the administration of licensed premises,\nto attend before the inspector at a time and place named and\nto answer any questions or supply any information with\nrespect to the matters referred to in this paragraph;\n(e) require a person to state his or her full name, usual place of\nresidence and date of birth;\n\nGaming Machine Act 1995 135\n(f) require a person referred to in paragraph (e) to produce\nevidence of the correctness of any particular stated in answer\nunder that paragraph if the inspector suspects that the\nparticular is false;\n(g) receive and investigate complaints from any person with\nrespect to:\n(i) gaming;\n(ii) the conduct of gaming;\nor\n(iv) the administration of licensed premises,\nand advise the person the results of the investigations;\n(h) stop and search any vehicle or vessel used or that the\ninspector believes on reasonable grounds has been, is being,\nor is likely to be, used for the conveyance of any article,\nrecords or other thing that the inspector considers will afford\nevidence as to the commission of an offence against this Act;\n(j) call to the inspector's aid:\n(i) another inspector or a member of the Police Force; or\n(ii) a person whom the inspector thinks is competent to\nassist the inspector in the exercise or the performance\nof the inspector's powers or functions under this Act;\n(k) use such force as is reasonably necessary in the\ncircumstances in the exercise or performance of the\ninspector's powers or functions under this Act;\n(m) in order to identify or protect the integrity of any article,\nrecords or other thing, mark, fasten, secure or seal:\n(i) the article, records or other thing; or\n(ii) any door, gate or opening that the inspector believes on\nreasonable grounds affords access to the article,\nrecords or other thing; and\n(n) exercise or perform such other powers or functions as may be\n\nGaming Machine Act 1995 136\n(4) Any:\n(a) article, records or other thing seized and retained under\nsubsection (1)(f); or\n(b) article or records seized and retained under subsection (3)(c),\nmay be detained for such period as the inspector, on reasonable\ngrounds, thinks fit and, where any proceedings are started for the\npurpose of which the article or records or other thing was or were\nretained, shall be detained until the final determination of those\nproceedings including any appeal in respect of those proceedings.\n(5) Where, under subsection (1)(f) or (3)(c), records are seized and\nretained, the person entitled to possession of the records, on\napplication to the inspector who retained the records and within a\nreasonable time after the seizure, shall be provided by the\ninspector with a correct copy of the records.\n(6) A copy of records provided under subsection (5) certified by the\ninspector as being a correct copy is admissible as evidence in any\ncourt and has the same effect as if it were the original of the\nrecords.\n(7) Before an inspector enters any premises that are used or any part\nof premises that is used exclusively as a private dwelling, the\ninspector shall, except where the inspector has the permission of\nthe occupier of the premises or part of the premises to the entry,\nobtain from a justice of the peace a warrant to enter the premises\nor part.\n(8) For the purposes of subsections (6) to (10), premises used as a\ndwelling house do not include the curtilage of those premises.\n(9) A justice of the peace who is satisfied on the information of an\ninspector that there is reasonable cause to suspect that any article,\nrecords or other thing relevant to the administration of this Act is or\nare on premises or a part of premises used exclusively as a private\ndwelling and that:\n(a) in respect of the article, records or thing an offence against\nthis Act or any other Act or law has been, is being or is likely\nto be, committed; or\n(b) it is or they are likely to be or provide evidence for production\nin possible subsequent proceedings against any person for an\noffence against this Act or any other Act or law,\n\nGaming Machine Act 1995 137\nmay issue a warrant, directed to the inspector, to enter the\npremises or part of premises specified in the warrant for the\npurpose of exercising and performing powers and the inspector's\nfunctions under this Act.\n(10) For one month from the date of its issue, a warrant issued under\nsubsection (9) is authority for the inspector and any person acting\nin aid of the inspector:\n(a) to enter the premises or part of premises specified in the\nwarrant; and\n(b) exercise and perform the inspector's powers under this Act.\n(11) For the purpose of gaining entry to any place that the inspector is\nauthorised under this Act to enter, an inspector and all persons\nacting in aid of the inspector may use such force as is reasonable\nin the circumstances.\n(12) A person who is acting in aid of an inspector has and may exercise\nand perform the powers and functions of an inspector under this\nAct.\n(13) A requirement by an inspector under this section may be made\norally or in writing directed to the person to or on whom it is made.\n(14) A requirement made to a person by an inspector under this section\nto produce records is, where the records are not written, or are not\nwritten in the English language, a requirement to produce (at that\nperson's expense):\n(a) such records; and\n(b) a statement, written in the English language, setting forth such\ninformation in the records as is not written or is not written in\nthe English language.\n(15) A person is not required, in respect of any matter within the\napplication of this Act, to answer any question or give any\ninformation tending to incriminate the person.\n","sortOrder":186},{"sectionNumber":"163","sectionType":"section","heading":"Offences relating to inspectors","content":"163 Offences relating to inspectors\nA person shall not:\n(a) assault, obstruct, hinder, threaten, abuse, insult or intimidate\nan inspector or person acting in aid of an inspector who is\nexercising or performing powers or functions under this Act or\nattempting to do so;\n\nGaming Machine Act 1995 138\n(b) when required under this Act to produce:\n(i) for inspection an article or record; or\n(ii) a licence, registration, permit, approval, certificate or\nauthorisation under this Act granted or issued to the\nperson,\nfail without lawful excuse to produce it in accordance with the\nrequirement;\n(c) when required under this Act to attend before an inspector,\nfail without lawful excuse to so attend in accordance with the\nrequirement;\n(d) when required under section 162(3)(a) or (d) to answer a\nquestion or supply information with respect to:\n(i) an article, record or an entry in such record;\n(ii) the conduct of gaming;\nor\n(iv) the administration of licensed premises,\nor, knowing or being in a position to know the answer or\ninformation required, fail to answer that question or supply\nthat information or supply information that is to the person's\nknowledge false, erroneous or misleading in a material\nparticular;\n(e) when required under section 162(3)(e) to state the person's\nfull name, the address of the person's usual place of\nresidence and the person's date of birth or any of those\nparticulars:\n(i) fail to immediately state any such particular; or\n(ii) state any false particular;\n(f) when required under section 162(3)(f) to produce evidence of\nthe correctness of any particular:\n(i) fail to produce that evidence; or\n(ii) produce false evidence with respect to that particular;\n\nGaming Machine Act 1995 139\n(g) retake an article, record or other thing seized and retained\n(h) tamper with:\n(i) an article, record or other thing; or\n(ii) a door, gate or opening that the inspector believes on\nreasonable grounds affords access to an article, record\nor other thing;\nmarked, fastened, secured or sealed under this Act;\n(j) fail to open a container or other receptacle of any kind, a door\nof a container or other receptacle of any kind or gaming\nequipment when ordered to do so by an inspector acting\n(k) fail to withdraw from use gaming equipment or part of the\ngaming equipment considered by an inspector to be\nunsatisfactory for use when ordered to do so by an inspector\nacting under this Act; or\n(m) prevent, directly or indirectly, a person from attending before\nan inspector, or producing to an inspector an article or record\nor answering a question or supplying information to an\ninspector when that person is required to do so under this Act.\n","sortOrder":187},{"sectionNumber":"164","sectionType":"section","heading":"Minister may order inquiry","content":"164 Minister may order inquiry\nThe Minister may appoint the Director or another person to hold an\ninquiry into any or all aspects of:\n(a) gaming;\n(b) the conduct of gaming;\n(c) the manufacture, assembly, sale, supply, installation,\n(d) the administration of licensed premises.\n","sortOrder":188},{"sectionNumber":"165","sectionType":"section","heading":"Review and termination of agreements","content":"165 Review and termination of agreements\n(1) A prescribed person, if directed by the Director, shall provide to the\nDirector within the time specified in the direction such information\n\nGaming Machine Act 1995 140\nor material as the Director thinks fit with respect to a lease,\nagreement or arrangement (the agreement) that the prescribed\nperson has with any other person relating to the conduct of the\nbusiness of the prescribed person.\n(2) Without limiting the generality of subsection (1), matters in respect\nof which the Director may direct the provision of information or\nmaterial include:\n(a) the names of persons entering into the agreement;\n(b) a description of property, goods or other things or any\nservices provided or to be provided;\n(c) the value, type or nature of consideration; and\n(d) the period of the agreement.\n(3) A prescribed person, if directed by the Director, shall provide to the\nDirector, within the time specified in the direction, a copy of the\nagreement (if it is in writing).\n(4) If the Director, after reviewing information or material provided\nunder this section, considers (having regard to the terms of the\nagreement and such other information or material as the Director\nconsiders is relevant) that the continuation of the agreement:\n(a) is not in the public interest; or\n(b) jeopardises the integrity of:\n(i) gaming;\n(ii) the conduct of gaming; or\nadjustment, maintenance or repair of gaming equipment,\nthe Director may issue to a prescribed person who is the party to\nthe agreement a written notice to show cause why the agreement\nshould not be terminated.\n\nGaming Machine Act 1995 141\n(5) Notice under subsection (4) shall set out the grounds for its issue\nand shall specify a date, not less than 21 days after its issue, on or\nbefore which cause is to be shown.\n(6) A copy of a notice under subsection (4) shall be given to the other\nparty to the agreement.\n(7) A prescribed person to whom notice under subsection (4) is issued\nmay give a written answer to the Director to show cause at any time\nnot later than the date specified in the notice.\n(8) The other party may make such submissions to the Director as the\nparty thinks fit at any time not later than the date specified in the\nnotice.\n(11) The Director, having regard to answers given in reply to a notice to\nshow cause and submissions made under subsection (8) and to\nsuch other information or material as the Director considers is\nrelevant, may:\n(a) take no action with respect to the agreement if the Director\nconsiders action is not warranted; or\n(b) direct the termination of the agreement.\n(12) A direction under subsection (11)(b) shall be in writing and given to\nthe parties to the agreement and shall specify the reasons for the\ntermination and a date on which the agreement is terminated under\n(13) An agreement, if not sooner terminated by the parties to it, is\nterminated by force of this Act on the date specified in the direction\nunder subsection (11)(b).\n(14) The termination of an agreement by force of this Act does not affect\nthe rights and obligations of the parties to the agreement up to the\ntime of its termination.\n(15) No liability for breach of an agreement attaches to any party to the\nagreement because of its termination by force of this Act.\n(16) In this section:\nprescribed person means:\n(a) a listed person;\n(b) the holder of a licence under this Act; or\n(c) a person who is approved for any purpose under this Act.\n\nGaming Machine Act 1995 142\n","sortOrder":189},{"sectionNumber":"166","sectionType":"section","heading":"Financial institution may be required to provide particulars","content":"166 Financial institution may be required to provide particulars\n(1) The manager or other principal officer of a financial institution in\nwhich a licensee keeps and maintains an account in relation to the\noperation of the licensee's licensed premises shall, when so\nrequired in writing by the Director, submit to the Director a\nstatement of account and other particulars required by the Director\nto be provided, including copies of cheques or records relevant to\nthe account.\n(2) No liability is incurred by the financial institution or the manager or\nother principal officer of the financial institution in respect of any\nbreach of trust or otherwise because of the provision of any\nstatement or particulars or copies under this section.\n","sortOrder":190},{"sectionNumber":"166A","sectionType":"section","heading":"Definitions","content":"166A Definitions\naffected person, for a reviewable decision, means a person to\nwhom any of the following applies:\n(a) for a decision that relates to disciplinary action relating to a\nlicence – the person is the licensee;\n(b) for a decision that was made in relation to an application – the\nperson is the applicant;\n(c) the person made a submission, complaint or objection\n(however described) during the process that resulted in the\ndecision being made.\ndelegate decision means a reviewable decision that is made by a\ndelegate of the Director.\nreviewable decision means a decision specified in the Schedule.\n","sortOrder":191},{"sectionNumber":"166B","sectionType":"section","heading":"Notice of delegate decision","content":"166B Notice of delegate decision\n(1) As soon as practicable after making a delegate decision, a\ndelegate of the Director must give written notice of the decision to\neach affected person.\n\nGaming Machine Act 1995 143\n(2) The notice must state the following:\n(a) the delegate decision and the reasons for it;\n(b) that the affected person may apply for a review of the decision\nunder section 166C;\n(c) the period allowed for applying for a review.\n","sortOrder":192},{"sectionNumber":"166C","sectionType":"section","heading":"Application for review","content":"166C Application for review\n(1) An affected person for a delegate decision may apply to the\nDirector for a review of the decision.\n(2) The application must be made:\n(a) within 28 days after written notice of the delegate decision is\ngiven to the affected person; or\n(b) by any later date allowed by the Director.\n(3) The application must:\n(a) be in the approved form; and\n(b) be accompanied by the fee prescribed by regulation; and\n(c) state the grounds on which it is made and the facts relied on\nto establish the grounds.\n","sortOrder":193},{"sectionNumber":"166D","sectionType":"section","heading":"Effect of application on delegate decision","content":"166D Effect of application on delegate decision\n(1) The making of the application does not stay the operation of the\ndelegate decision.\n(2) Despite subsection (1), the Director may stay the operation of the\ndelegate decision pending completion of the review.\n","sortOrder":194},{"sectionNumber":"166E","sectionType":"section","heading":"Director to consider application","content":"166E Director to consider application\n(1) On receipt of the application, the Director must review the delegate\ndecision.\n(2) Despite subsection (1), if satisfied the application is frivolous or\nvexatious, the Director may reject the application without reviewing\nthe delegate decision.\n\nGaming Machine Act 1995 144\n","sortOrder":195},{"sectionNumber":"166F","sectionType":"section","heading":"Conducting and deciding review","content":"166F Conducting and deciding review\n(1) In reviewing the delegate decision, the Director must:\n(a) take into account any matter that this Act requires the Director\nto take into account in reviewing the decision; and\n(b) follow the procedures for review determined by the Director;\nand\n(c) comply with the rules of natural justice.\n(2) After reviewing the delegate decision, the Director must:\n(a) affirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and substitute a new decision.\n","sortOrder":196},{"sectionNumber":"166G","sectionType":"section","heading":"Notice of decision on review","content":"166G Notice of decision on review\n(1) As soon as practicable after making a decision under section 166F,\nthe Director must give written notice of the decision to the following\npersons:\n(a) the applicant;\n(b) any other affected person.\n(2) The notice must state the following:\n(a) the Director's decision and the reasons for it;\n(b) details of any right the person has under this Act to apply for a\nreview of, or to appeal, the Director's decision.\n","sortOrder":197},{"sectionNumber":"166H","sectionType":"section","heading":"Application to NTCAT for review of Director's decision","content":"166H Application to NTCAT for review of Director's decision\n(1) Subject to subsection (2), an affected person for a reviewable\ndecision may apply to NTCAT for review of the decision.\n(2) An affected person may only apply to NTCAT once the person has\nexhausted any other available avenue of review under this Division.\nNote for section 166H\nA delegate decision must be reviewed by the Director under this Division before\nan application is made to NTCAT.\n\nGaming Machine Act 1995 145\n","sortOrder":198},{"sectionNumber":"167","sectionType":"section","heading":"Certain persons not to play gaming machines","content":"167 Certain persons not to play gaming machines\n(1) A licensed repairer or service contractor shall not play a gaming\nmachine installed on licensed premises except to such extent as is\nnecessary for the repairer or contractor to alter, adjust, maintain,\nrepair or test the gaming machine.\n(2) A person who is a licensee or machine manager shall not play a\ngaming machine installed on licensed premises of which that\nperson is licensee or machine manager:\n(a) during the period that the person is the licensee or machine\nmanager of the licensed premises, except to such extent as is\nnecessary to do so in the course of carrying out duties as the\nlicensee or machine manager; or\n(b) for the period of 30 days after ceasing to be such licensee or\nmachine manager.\n(3) Where winnings become payable because of playing a gaming\nmachine as authorised by this section, those winnings remain the\nproperty of the licensee and are not payable to any person.\n","sortOrder":199},{"sectionNumber":"168","sectionType":"section","heading":"Inspector may be prohibited from playing gaming machines","content":"168 Inspector may be prohibited from playing gaming machines\n(1) An inspector, if directed in writing by the Director, shall not play a\ngaming machine except to such extent as is necessary for the\nexercise or performance of the inspector's powers and functions\nunder this Act.\n(2) A direction under subsection (1) may be made subject to such\nconditions as the Director thinks fit.\n","sortOrder":200},{"sectionNumber":"169","sectionType":"section","heading":"Prohibition on control of applications by clubs","content":"169 Prohibition on control of applications by clubs\nA person shall not have or gain:\n(a) control over, or the ability to control:\n(i) whether or not a club makes an application under Part 3;\nor\n\nGaming Machine Act 1995 146\n(ii) the content of an application made by a club under\nPart 3; or\n(b) the ability to interpose between a club and the Director in\nrespect to an application made by the club under Part 3,\nunless the person is the secretary, an executive officer or a\nmember of the club exercising or performing the powers or\nfunctions that the person has as secretary, executive officer or\nmember.\n","sortOrder":201},{"sectionNumber":"170","sectionType":"section","heading":"Restriction on certain agreements","content":"170 Restriction on certain agreements\n(1) A licensee or any other person shall not enter into, or be a party to,\na lease, agreement or arrangement for a person to lease, let, lend\nor otherwise provide any property, thing or service to the licensee in\nreturn for any direct or indirect interest in or percentage or share of:\n(a) the amount bet for the purpose of gaming; or\n(b) moneys, revenues, profits or earnings from the conduct of\ngaming,\non the licensee's licensed premises.\n(2) If a licensee or any other person, before the issue of the licensee's\ngaming machine licence, has entered into or has in any way\nbecome a party to a lease, agreement or arrangement referred to in\nsubsection (1), the lease, agreement or arrangement on and from\nthe issue of the gaming machine licence, to the extent that it\ncontravenes or is inconsistent with subsection (1), is void.\n(3) No right of action arises against any person because of the\noperation of subsection (2).\n(4) The Director may, where the Director is of the opinion that it is in\nthe public interest to do so, exempt in writing a lease, agreement or\narrangement referred to in subsection (1) and subject such\nexemption to such conditions as the Director considers appropriate.\n(5) An exemption under subsection (4) may, at any time, be revoked by\nthe Director.\n\nGaming Machine Act 1995 147\n(6) This section does not apply to an agreement referred to in\nsection 134(6).\n","sortOrder":202},{"sectionNumber":"171","sectionType":"section","heading":"Exemption of devices, &c.","content":"171 Exemption of devices, &c.\n(1) The Director may declare that anything is not a gaming machine or\na device capable of being represented as being a gaming machine\nfor the purposes of this Act.\n(2) The Director may declare that anything is not a restricted\ncomponent for the purposes of this Act.\n","sortOrder":203},{"sectionNumber":"172","sectionType":"section","heading":"Approvals and authorities","content":"172 Approvals and authorities\n(1) Where this Act provides that an act or thing shall not be done\nexcept with, or may be done with, the approval or authorisation of\nthe Director, the approval or authorisation may be granted by the\nDirector by instrument in writing.\n(2) An approval or authorisation under this Act may:\n(a) be subject to such conditions as the Director thinks fit; and\n(b) the Director may at any time:\n(i) impose further conditions on the approval or\nauthorisation;\n(ii) vary the conditions or further conditions; and\n(iii) revoke the approval or authorisation,\nif the Director considers it necessary or appropriate in the public\ninterest or for the proper conduct of gaming.\n(3) Without limiting section 134(5), a person shall not contravene or fail\nto comply with a condition to which an approval or authorisation is\nsubject.\n(4) A person shall not:\n(a) modify anything subject to an approval or authorisation from;\nor\n(b) fail to maintain anything subject to an approval or\nauthorisation in,\n\nGaming Machine Act 1995 148\nthe form, state or condition in which it was approved or authorised\nexcept in order to comply with the conditions to which the approval\nor authorisation is subject.\n","sortOrder":204},{"sectionNumber":"173","sectionType":"section","heading":"Bribery","content":"173 Bribery\n(1) A person who corruptly asks for, receives, or obtains or agrees to\nreceive or obtain any money, property or benefit of any kind for the\nperson or any other person:\n(a) so that the person will forego or neglect his or her powers or\nfunctions under this Act or in order to influence the person in\nthe exercise or performance of his or her powers or functions\n(b) because of anything already done or omitted to be done or to\nbe afterwards done or omitted to be done by the person in the\nexercise or performance of his or her powers or functions\n(c) for the person to use or take advantage of his or her position\nimproperly to gain a benefit or advantage for or facilitate the\ncommission of an offence by another person,\n(2) A person who corruptly gives, confers or procures or promises or\noffers to give, confer or procure to, on or for any other person\nmoney, property or benefit of any kind:\n(a) so that the person will forego or neglect his or her powers or\nfunctions under this Act or in order to influence that other\nperson in the exercise or performance of his or her powers or\nfunctions under this Act;\n(b) because of anything already done or omitted to be done or to\nbe afterwards done or omitted to be done by that other person\nin the exercise or performance of his or her powers or\nfunctions under this Act; or\n(c) for that other person to use or take advantage of his or her\nposition improperly to gain any benefit or advantage for or\nfacilitate the commission of an offence,\n\nGaming Machine Act 1995 149\n","sortOrder":205},{"sectionNumber":"174","sectionType":"section","heading":"Financial connections and interests of inspectors","content":"174 Financial connections and interests of inspectors\n(1) An inspector:\n(a) shall not knowingly have, directly or indirectly:\n(i) any business or financial connection with; or\n(ii) any business or financial interest in any matter in\nconjunction with,\na listed person or the holder of a licence under this Act; or\n(b) shall not:\n(i) be;\n(ii) be an employee in any capacity of; or\n(iii) hold the position of executive officer or secretary of a\nbody corporate which is,\na listed person or the holder of a licence under this Act; or\n(c) shall not, without the approval of the Director, solicit or accept\nemployment from, be an employee in any capacity of, or have\na business or financial connection with a listed person or the\nholder of a licence under this Act for one year after ceasing to\nbe an inspector.\n(2) A listed person or the holder of a licence under this Act:\n(a) shall not knowingly have, directly or indirectly, any business or\nfinancial connection, or any business or financial interest in\nany matter in conjunction, with an inspector;\n(b) shall not employ in any capacity an inspector; or\n\nGaming Machine Act 1995 150\n(c) shall not, without the approval of the Director, employ in any\ncapacity or have a business or financial connection with a\nperson who was an inspector for one year after the person\nceases to be an inspector.\n(3) An inspector who has directly or indirectly:\n(a) any business or financial connection with; or\n(b) any business or financial interest in any matter in conjunction\nwith,\na person who becomes a listed person, the holder of a licence\nunder this Act or the applicant for, or for the transfer of, a licence\nunder this Act shall, immediately on becoming aware that the\nperson has become listed, licensed or an applicant:\n(c) notify the Director of the connection or interest; and\n(d) if directed by the Director, terminate the connection or\nrelinquish the interest within a time specified by the Director.\n(4) This section does not prohibit an inspector:\n(a) from being a financial member of a club that is a licensee, or\nhaving a financial connection with a club that is generally had\nby other members of the club; or\n(b) from having a business or financial connection (being a\nconnection that is not related to the manufacture, assembly,\nsale, supply, installation, alteration, obtaining, possession,\nadjustment, maintenance or repair of gaming equipment) with\na listed person or the holder of a licence under this Act that is\ngenerally had by members of the public.\n(5) An inspector shall, when required by the Director, disclose to the\nDirector the inspector's membership of, and any interest that the\ninspector has in or in relation to, a club.\n\nGaming Machine Act 1995 151\n","sortOrder":206},{"sectionNumber":"175","sectionType":"section","heading":"Reporting of accounting discrepancies and criminal activity","content":"175 Reporting of accounting discrepancies and criminal activity\n(1) A licensee, licensed repairer, licensed service contractor, licensed\nmonitoring provider or machine manager shall, not later than 3 days\nafter becoming aware or suspecting that a person by fraud,\nmisrepresentation or theft has obtained a benefit for the person or\nanother, advise the Director in writing of all facts known to the\nlicensee or machine manager in relation to the fraud,\nmisrepresentation or theft.\n(2) A person who:\n(a) terminates the employment or otherwise prejudices the career\nof;\n(b) prejudices the safety of; or\n(c) intimidates or harasses,\na licensee, licensed repairer, licensed service contractor, licensed\nmonitoring provider, machine manager or other person because the\nlicensee, licensed repairer, licensed service contractor, licensed\nmonitoring provider or machine manager has advised, or may\nadvise, the Director under subsection (1) is guilty of an offence.\n","sortOrder":207},{"sectionNumber":"176","sectionType":"section","heading":"Cheating","content":"176 Cheating\n(1) A person shall not dishonestly:\n(a) by a scheme or practice;\n(b) by the use of gaming equipment; or\n(c) by the use of an instrument or article of a type used in\nconnection with gaming, or appearing to be of a type used in\nconnection with gaming, or of any other thing,\nin relation to gaming or the conduct of gaming, induce a licensee or\na person acting on behalf of the licensee to deliver, give or credit to\nthe person or another person any money, gaming tokens, gaming\nmachine credits, benefit, advantage, valuable consideration or\nsecurity.\n(2) A licensee shall not dishonestly:\n(a) by a scheme or practice;\n\nGaming Machine Act 1995 152\n(b) by the use of gaming equipment; or\n(c) by the use of an instrument or article of a type used in\nconnection with gaming, or appearing to be of a type used in\nconnection with gaming, or of any other thing,\nin relation to gaming or the conduct of gaming, induce a person to\ndeliver, give or credit to the licensee or any other person any\nmoney, gaming tokens, gaming machine credits, benefit,\nadvantage, valuable consideration or security.\n(3) In subsection (2), licensee includes:\n(a) a machine manager or a person who supervises gaming or\nattends to gaming machines on behalf of a licensee; and\n(b) a person employed by a licensee to sell or redeem gaming\ntokens or carry out centralised credit transactions on behalf of\nthe licensee.\n(4) A person shall not dishonestly cause gaming equipment to deliver,\ngive or credit to the person or another person any gaming tokens,\ngaming machine credits, benefit, advantage, valuable consideration\nor security.\n(5) A person shall not, for the purpose of cheating or stealing in\nrelation to gaming or the conduct of gaming, use, or be in\npossession of:\n(a) any gaming tokens that the person knows are bogus or\ncounterfeit; or\n(b) anything that permits or facilitates cheating or stealing.\n","sortOrder":208},{"sectionNumber":"177","sectionType":"section","heading":"Forgery and similar offences","content":"177 Forgery and similar offences\nA person who:\n(a) forges or counterfeits any gaming token, licence, identification\ncard or other form of identification authorised to be issued\n(b) knowingly utters any such gaming token, licence, identification\ncard or other form of identification so forged or counterfeited;\n(c) personates any person named in any such licence,\nidentification card or other form of identification;\n\nGaming Machine Act 1995 153\n(d) falsely represents that the person is an inspector;\n(e) connives at any such forging, counterfeiting, uttering,\npersonating or representing as referred to in this section; or\n(f) provides or submits information or material knowing it to be\nfalse, erroneous or misleading in a material particular in, or in\nrelation to, any application, response to a requirement,\nsubmission, advice, notification, answer to a notice, statement\nor affidavit made under this Act,\n","sortOrder":209},{"sectionNumber":"178","sectionType":"section","heading":"Detention, arrest, &c., of persons by police in relation to","content":"178 Detention, arrest, &c., of persons by police in relation to\ncertain offences\n(1) A member of the Police Force may arrest without warrant a person\nwho has, or whom the member suspects on reasonable grounds\nhas, committed or attempted to commit an offence against\nsection 52, 120(1) or (2), 137(1), 176 or 177.\n(2) A member of the Police Force who under subsection (1) arrests a\nperson, may:\n(a) search the person and the possessions of the person;\n(b) seize anything found as a result of the search that may afford\nevidence of the commission of an offence; and\n(c) use such force as is reasonable in the circumstances for the\npurpose of such detention and search.\n","sortOrder":210},{"sectionNumber":"179","sectionType":"section","heading":"Liability for offences by servants, agents or employees","content":"179 Liability for offences by servants, agents or employees\n(1) Where a person commits an offence against this Act as a servant,\nagent or employee, then, without limiting section 12 of the Criminal\nCode, the employer of that person is, subject to subsection (2),\ntaken:\n(a) to have committed the offence; and\n(b) to be criminally responsible for the act or omission that\nconstitutes the offence,\nand, notwithstanding any other rule of law or practice, may be\ncharged with and convicted of the offence.\n\nGaming Machine Act 1995 154\n(2) It is a defence to a prosecution for an offence against an employer\nreferred to in subsection (1) to prove that the offence was\ncommitted without the employer's consent or connivance and that\nthe employer exercised due diligence to prevent the commission of\nthe offence.\n(3) In proceedings for an offence against this Act alleged to have been\ncommitted by a defendant as servant, agent or employee, the court\nshall not convict the defendant if the evidence establishes that:\n(a) the offence was committed while the business of the\ndefendant's employer was being conducted under the\npersonal supervision of the employer or any manager or any\nother representative of the employer; and\n(b) the reason that the defendant committed the offence was that\nthe defendant had been compelled to do so by the employer,\nmanager or representative.\n(4) Except as provided by subsection (2), this section does not\nprejudice any liability imposed by or under this Act on any person\nby whom an offence against this Act is actually committed.\n","sortOrder":211},{"sectionNumber":"180","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"180 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence by contravening a\ndeclared provision (a relevant offence) and the officer knew,\nor could reasonably have been expected to have known, that\nthe contravention would happen; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer failed to take reasonable steps to prevent the\ncontravention.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n\nGaming Machine Act 1995 155\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) This section does not affect the liability of the body corporate.\n(5) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(6) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(7) In this section:\ndeclared provision means:\n(a) section 140(1) or (3); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n\nGaming Machine Act 1995 156\n","sortOrder":212},{"sectionNumber":"180A","sectionType":"section","heading":"Criminal liability of executive officer of body corporate –","content":"180A Criminal liability of executive officer of body corporate –\ndeemed liability if body corporate commits offence\n(1) An executive officer of a body corporate commits an offence if the\nbody corporate commits an offence by contravening a declared\nprovision (a relevant offence).\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) An offence against subsection (1) is a regulatory offence.\nsubsection (1) if the defendant:\n(a) was not in a position to influence the conduct of the body\ncorporate in relation to the contravention; or\n(b) took reasonable steps to prevent the contravention; or\n(c) did not know, and could not reasonably have been expected\nto know, that the contravention would happen.\n(4) In deciding whether the defendant took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the defendant took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the defendant took when the defendant became\naware that the contravention was, or could be, about to\nhappen.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) This section does not affect the liability of the body corporate.\n\nGaming Machine Act 1995 157\n(7) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(8) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(9) In this section:\ndeclared provision means:\n(a) section 47(1A); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":213},{"sectionNumber":"181","sectionType":"section","heading":"Power to request name and address by police officers","content":"181 Power to request name and address by police officers\n(1) A member of the Police Force may, in connection with the exercise\nof the powers or the discharge by the member of any duties under\nthis Act, request a person to state the person's full name, address\nand date of birth or any of those particulars.\n(2) If a member of the Police Force suspects, on reasonable grounds,\nthat any of the particulars stated following a request under\nsubsection (1) is false, the member may request evidence of the\ncorrectness of the particulars.\n(3) A person requested under this section to state the person's name,\naddress and date of birth who:\n(a) fails to immediately state those particulars; or\n(b) states false particulars,\n(4) A person requested under this section to produce evidence of the\ncorrectness of particulars who:\n(a) fails to produce the evidence; or\n(b) produces false evidence with respect to those particulars,\n\nGaming Machine Act 1995 158\n(5) A member of the Police Force may arrest without warrant a person\nwho, when requested under this section:\n(a) to state the person's name, address and date of birth or any\nof those particulars; or\n(b) to produce evidence of the correctness of any such\nparticulars,\nfails to do so or states a name, address or date of birth or produces\nevidence that, in the opinion of the member, is false.\n(6) A member of the Police Force who makes a request of a person\nunder this section shall warn the person when making the request\nthat failure to comply with the request or to state false particulars or\nto produce false evidence with respect to the particulars requested\nis an offence against this Act.\n","sortOrder":214},{"sectionNumber":"182","sectionType":"section","heading":"Fingerprints and the like","content":"182 Fingerprints and the like\n(1) Where a person has been arrested for an offence or an attempt to\ncommit an offence against section 120(1) or (2), 137(1), 176\nor 177, a member of the Police Force at the police station to which\nthe person is taken after arrest, or where the person is in custody,\nmay take all such particulars as the member considers necessary\nfor the identification of the person, including the person's voice\nprint, photograph, fingerprints, palm prints, footprints, toe prints and\nhandwriting.\n(2) In taking those particulars (other than any voice print or\nhandwriting), such force as is reasonable in the circumstances may\nbe used.\n(3) A court that convicts a person who appears personally before it of\nan offence or an attempt to commit an offence against\nsection 120(1) or (2), 137(1), 176 or 177 may, in its discretion,\norder that person into the custody of a member of the Police Force\nfor the purpose of obtaining any particulars referred to in\n(4) A member of the Police Force referred to in subsection (3) and any\nother member acting in aid of that member shall take the person to\na place where those particulars can adequately be taken and take\nthose particulars and may, for that purpose, use such force as is\nreasonable in the circumstances.\n\nGaming Machine Act 1995 159\n(5) Where a person is found not guilty of an offence or an attempt to\ncommit an offence against section 120(1) or (2), 137(1), 176\nor 177, any voice print, photograph, fingerprints, palm prints,\nfootprints, toe prints or handwriting previously taken under this\nsection in relation to the alleged offence shall, on written request by\nthe person, be destroyed in the person's presence or in the\npresence of a person nominated by the person.\n","sortOrder":215},{"sectionNumber":"183","sectionType":"section","heading":"Claims of privilege in proceedings for offences","content":"183 Claims of privilege in proceedings for offences\n(1) In proceedings for an offence against this Act, a prosecutor or a\nwitness for the prosecution shall not be compelled to disclose\ninformation, or produce any document containing the information,\nwhere the information may be subject to a genuine claim of\nprivilege under any Act or law.\n(2) Except as provided in subsection (1), in proceedings for an offence\nagainst this Act a prosecutor or a witness for the prosecution, on\napplication by or on behalf of the defendant, may be compelled to\ndisclose to the court information relevant to the proceedings or\nproduce any document containing information relevant to the\nproceedings.\n(3) The court in the interests of justice, having regard to all the\ncircumstances of the proceedings, shall determine if the information\nis to be disclosed, or the document produced, to the defendant or\nthe defendant's legal practitioner.\n","sortOrder":216},{"sectionNumber":"184","sectionType":"section","heading":"Protection from liability","content":"184 Protection from liability\n(1) This section applies to the following persons:\n(a) the Territory;\n(b) the Director;\n(d) a person who is or has been an inspector;\n(e) a person who is or has been engaged in the administration or\nenforcement of this Act.\n(2) No civil or criminal liability (whether personal or vicarious) attaches\nto a person to whom this section applies for an act done in good\nfaith:\n(a) in the exercise or purported exercise of a power, or the\nperformance or purported performance of a function, under\nthis Act; or\n\nGaming Machine Act 1995 160\n(b) in compliance with or purported compliance with a\nrequirement under this Act.\n","sortOrder":217},{"sectionNumber":"185","sectionType":"section","heading":"Prosecution of offenders","content":"185 Prosecution of offenders\n(1) An offence against this Act may be prosecuted at any time.\n(2) The conviction or acquittal of a person of an offence against this\nAct does not:\n(a) prevent a further prosecution and conviction in respect of a\ncontinuation of the offence after the date on which the person\nwas convicted or acquitted;\n(b) extinguish any obligation or liability imposed on the person\n(c) prevent the imposing of any other penalty on, or the taking of\nany other action against, the person under this Act.\n","sortOrder":218},{"sectionNumber":"186","sectionType":"section","heading":"Institution of proceedings","content":"186 Institution of proceedings\nProceedings for an offence against this Act may be instituted only\nby a member of the Police Force or the Director.\n","sortOrder":219},{"sectionNumber":"187","sectionType":"section","heading":"Forfeiture","content":"187 Forfeiture\n(1) A court that convicts a person of an offence against this Act may\norder to be forfeited to the Territory:\n(a) anything seized under section 178; and\n(b) any article, records or other thing, seized and retained under\nsection 162(1)(f) or (3)(c) and detained under section 162(4),\nrelating to or connected with the commission of the offence of\nwhich the person has been convicted.\n(2) Where a person charged with an offence against this Act is not\nconvicted of any offence, the court may order to be forfeited to the\nTerritory any article, records or other thing, seized and retained\nunder section 162(1)(f) or (3)(c) and detained under section 162(4),\nthat was or were found in the possession or under the control of\nthat person.\n(3) Anything forfeited to the Territory under this section shall be dealt\nwith or disposed of in such way as the Minister directs.\n\nGaming Machine Act 1995 161\n","sortOrder":220},{"sectionNumber":"188","sectionType":"section","heading":"Service of documents","content":"188 Service of documents\nWhere under this Act a document of any kind is required to be\nserved on or given to a person it may be served or given:\n(a) by delivering it to the person;\n(b) by posting it to the person's last-known place of business or\nresidence;\n(c) by leaving it at the person's last-known place of business or\nresidence with a person who is apparently over the age of\n16 years and living or working there; or\n(d) in the case of a corporation, by delivering or posting it to its\nregistered office in the Territory or otherwise as provided by\nthe Corporations Act 2001.\n","sortOrder":221},{"sectionNumber":"189","sectionType":"section","heading":"Evidence in proceedings","content":"189 Evidence in proceedings\n(1) In proceedings in respect of an offence against this Act:\n(a) a document purporting to be a copy of a document served on\nor given to a person under this Act or of a licence issued\nunder this Act is evidence of the document of which it purports\nto be a copy and, in the absence of evidence to the contrary,\nis conclusive evidence; and\n(b) a certificate, purporting to be signed by the Director, certifying\nthat at a specified time or during a specified period:\n(i) there was or was not in force under this Act a licence,\napproval, authorisation or exemption;\n(ii) a person was or was not a recognised manufacturer or\nsupplier of gaming machines or a recognised supplier of\nrestricted components;\n(iii) premises were or were not licensed premises;\n(iv) a person was or was not licensed under this Act;\n(v) a named person was, or was not, an inspector; or\n(vi) a determination, declaration, approval, permission or\ndirection was, or was not, in force,\nis evidence and, in the absence of evidence to the contrary,\nconclusive evidence of the matters contained in the certificate.\n\nGaming Machine Act 1995 162\n(2) Where a person observes an incident the fact that the observation\nwas made by means of a camera, television set, video display unit\nor other electronic medium and not directly does not of itself render\ninadmissible any evidence that the person may give relating to the\nobservation.\n","sortOrder":222},{"sectionNumber":"190","sectionType":"section","heading":"Disclosure of criminal history","content":"190 Disclosure of criminal history\nSubject to the Criminal Records (Spent Convictions) Act 1992, a\nperson who:\n(a) is an applicant for, or for the transfer of, a licence under Part 3\nor for a licence under Part 4;\n(b) is the secretary or an executive officer of a body corporate\nthat is an applicant for, or for the transfer of, a licence under\n","sortOrder":223},{"sectionNumber":"Part 3","sectionType":"part","heading":"or for a licence under Part 4;","content":"Part 3 or for a licence under Part 4;\n(c) submits a tender in response to a call under section 129(1);\n(d) is the secretary or an executive officer of a body corporate\nthat submits a tender in response to a call under\nsection 129(1); or\n(e) is required to submit information or material, or additional\ninformation or material, under section 25(6), 38(2), 42C(2),\n45(2), 64(3), 75(2), 118(2) or 131(3);\nshall, if required for the purposes of this Act, disclose:\n(g) the person's criminal history with respect to contraventions of\nany provision of law, whether committed in the Territory or\nelsewhere; and\n(h) convictions recorded against the person in respect of\ncontraventions of any provision of law, whether committed in\nthe Territory or elsewhere, that under any law are taken not to\nbe convictions.\n","sortOrder":224},{"sectionNumber":"191","sectionType":"section","heading":"Approval of terminating date for financial year","content":"191 Approval of terminating date for financial year\nThe Director may approve a date other than 30 June as the\ntermination date of a financial year which may be for a period\nlonger or shorter than one year, but not longer than 18 months,\nending on the date so approved.\n\nGaming Machine Act 1995 163\n","sortOrder":225},{"sectionNumber":"192","sectionType":"section","heading":"Refund of amounts in certain circumstances","content":"192 Refund of amounts in certain circumstances\n(1) The Director may refund:\n(a) amounts paid to the Director in error; or\n(b) a fee paid in relation to an application under this Act where:\n(i) in the opinion of the Director no substantial expense has\nbeen incurred by the Director in regard to such\napplication; and\n(ii) the applicant or a person acceptable to the Director\nmakes a written request for the application not to\nproceed.\n(2) The Director must refund the whole or part of a levy paid under\nsection 24 or 41 in the circumstances and within the period\nprescribed by regulation.\n","sortOrder":226},{"sectionNumber":"193A","sectionType":"section","heading":"Codes of practice","content":"193A Codes of practice\n(1) For the purpose of providing practical guidance to persons granted\nlicences under this Act on any matter relating to this Act, the\nMinister may, by notice in the Gazette, approve a code of practice.\n(2) A code of practice may consist of a code, standard, rule,\nspecification or provision relating to matters in this Act formulated,\nprepared or adopted by the Minister and may apply, incorporate or\nrefer to a document formulated or published by a body or authority\nas in force at the time the code of practice is approved or as\namended, formulated or published from time to time.\n(3) A notice under subsection (1) must indicate where a copy of the\ncode of practice to which it relates, and all documents incorporated\nor referred to in the code, may be inspected by members of the\npublic and the times during which they may be inspected.\n(4) A person who is the holder of a licence granted under this Act must\nnot contravene or fail to comply with a code of practice approved\nunder this section.\n\nGaming Machine Act 1995 164\n","sortOrder":227},{"sectionNumber":"194","sectionType":"section","heading":"Regulations","content":"194 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may make provision for or in relation to:\n(a) arrangements and procedures for the taking of fingerprints\nand palm prints of an applicant for a repairer's licence or\nmachine manager's licence;\n(b) the activities of listed persons or holders of licences under this\nAct;\n(c) forms to be used for the purposes of this Act;\n(d) the control of the premises of licensed repairers or licensed\nservice contractors;\n(e) security procedures for the manufacture, assembly, storage,\nhandling, transport, consignment and receipt of gaming\nequipment and restricted components;\n(f) the form and way of applications for approval of premises\nused in connection with the manufacture, assembly, storage\nor handling of gaming machines or restricted components;\n(g) the different categories of licensed premises;\n(h) the restrictions or entitlements which apply to different\ncategories of licensed premises;\n(j) any matter or thing in relation to the administration of this Act\nin respect of which a fee is payable and prescribing the\namount of such fee;\n(ka) levies payable in relation to applications made under\nsection 24 or 41;\n(kb) the payment of annual fees for gaming machine licences;\n(m) matters to enable the proper conduct of gaming;\n(n) provision of signs and notices in licensed premises;\n\nGaming Machine Act 1995 165\n(p) the control of advertising or promotions by any licensee,\nrecognised manufacturer or supplier of gaming machines or\nother person in relation to gaming machines, gaming and the\nconduct of gaming;\n(q) applications and fees with respect to the approval of electronic\nmonitoring and centralised credit systems;\n(r) the keeping of accounts with financial institutions by\nlicensees;\n(s) the Director's obligations to licensees in relation to the\nproviding of gaming equipment;\n(t) identification of machine managers and employees of\nlicensees;\n(w) offences against the regulations, including regulatory\noffences, and prescribing maximum penalties of 40 penalty\nunits, for those offences.\n(4) The Regulations may:\n(a) prohibit the grant of a gaming machine licence to a club that is\nwithin a specified distance of a casino;\n(b) regulate the transfer of ownership of gaming machines from\nthe Territory to another person, which may include imposing\nfees or charges in relation to the transfer;\n(c) provide for the rights and obligations of licensees in relation to\ngaming machines that are not transferred from the Territory to\nanother person, which may include imposing fees or charges\nin relation to the machines;\n(d) provide for the rights and obligations of licensees in relation to\ngaming machines owned by the licensees;\n(e) regulate the disposal or transfer of gaming machines by or on\nbehalf of licensees;\n(f) regulate the financing of gaming machines and finance\nproviders in relation to finance provided for gaming machines;\n(g) regulate monitoring systems and monitoring providers;\n(h) prescribe the information to be provided to the Director by\nmonitoring providers, licensed repairers, listed persons or any\nother persons who are licensed or otherwise authorised under\nthis Act;\n\nGaming Machine Act 1995 166\n(i) prescribe the information to be provided to the Director about\n(j) provide for records to be kept in a particular form, including an\nelectronic form;\n(k) provide for requirements in relation to the labels and seals to\nbe affixed to gaming machines, including procedures and\nconditions for the use of labels and seals and procedures to\naccount for labels and seals;\n(l) provide for returns to players from gaming machines,\nincluding what constitutes a return and prescribing a minimum\nrate of return;\n(m) provide for a maximum fee per gaming machine that may be\ncharged by a licensed service contractor or licensed\nmonitoring provider;\n(n) provide for the fees that may be charged by the Director for\nservices relating to the supply of gaming machines;\n(o) provide for a bond or other security in respect of a monitoring\nprovider's licence, including the administration of the bond or\nsecurity; or\n(p) provide for methods for, and other procedures relating to, the\npayment of taxes, levies, fees, costs, charges, penalties and\nother amounts payable under this Act.\n(5) The Regulations may:\n(a) require a matter or thing to be approved by or done to the\nsatisfaction of the Director; or\n(b) confer a discretion on the Director.\nPart 11 Transitional matters for Licensing (Director-\nGeneral) Act 2014\n195 Definitions\n2014 Acts means the Licensing (Director-General) Act 2014 and\n2014 Amending Act.\n\nGaming Machine Act 1995 167\n","sortOrder":228},{"sectionNumber":"2014","sectionType":"section","heading":"Amending Act means the Licensing (Repeals and","content":"2014 Amending Act means the Licensing (Repeals and\nConsequential Amendments) Act 2014.\ncommencement means the commencement of section 22 of the\nLicensing (Director-General) Act 2014.\nCommission means the Commission as defined in section 3 of the\nNTLC Act.\nNTLC Act means the Northern Territory Licensing Commission\nAct 1999 as in force immediately before the commencement.\nNTLC Director means the Director as defined in section 3 of the\nNTLC Act.\nold legislation means the NTLC Act and this Act, as in force\nimmediately before the commencement.\n","sortOrder":229},{"sectionNumber":"196","sectionType":"section","heading":"Application to NTLC Director – pending decision","content":"196 Application to NTLC Director – pending decision\nbe made by the NTLC Director; but\n(b) the NTLC Director had not made a decision on the\n(2) The application:\n(a) is taken to be an application made on the commencement for\nthe decision to be made by the Director-General; and\n(b) must be dealt with and determined in accordance with this Act\nas amended by the 2014 Amending Act.\nNote for section 196\nThe Director-General's decision on the application will be a decision made after\nthe commencement and may therefore be a reviewable decision or a decision to\nwhich Part 3 of the Licensing (Director-General) Act 2014 applies.\n","sortOrder":230},{"sectionNumber":"197","sectionType":"section","heading":"Application to Commission – not yet considered","content":"197 Application to Commission – not yet considered\nbe made by the Commission; but\n\nGaming Machine Act 1995 168\n(b) the Commission had not commenced active consideration of\nthe application.\n(2) The application:\n(a) is taken to be an application made on the commencement for\nthe decision to be made by the Director-General; and\n(b) must be dealt with and determined in accordance with this Act\nas amended by the 2014 Amending Act.\nNote for section 197\nThe Director-General's decision on the application will be a decision made after\nthe commencement and may therefore be a reviewable decision or a decision to\nwhich Part 3 of the Licensing (Director-General) Act 2014 applies.\n","sortOrder":231},{"sectionNumber":"198","sectionType":"section","heading":"Application to Commission – under active consideration","content":"198 Application to Commission – under active consideration\nbe made by the Commission and the Commission had\ncommenced active consideration of the application; but\n(b) the Commission had not made a decision.\n(2) The Commission must deal with and determine the application in\naccordance with the old legislation as if the 2014 Acts had not\ncommenced.\n(3) However, the Commission's decision is then taken to have been\nmade by the Director-General.\nNote for section 198(3)\nAs the decision will be made after the commencement and will be taken to be a\ndecision of the Director-General, it may be a reviewable decision.\n","sortOrder":232},{"sectionNumber":"199","sectionType":"section","heading":"Active consideration","content":"199 Active consideration\nRegulations may make provision for determining when active\nconsideration of an application commences for this Division.\n","sortOrder":233},{"sectionNumber":"200","sectionType":"section","heading":"New review regime applies to post-commencement decisions","content":"200 New review regime applies to post-commencement decisions\n","sortOrder":234},{"sectionNumber":"Part 9A","sectionType":"part","heading":"applies only in relation to decisions made after the","content":"Part 9A applies only in relation to decisions made after the\ncommencement.\n\nGaming Machine Act 1995 169\n","sortOrder":235},{"sectionNumber":"201","sectionType":"section","heading":"Review of pre-commencement decision – application not yet","content":"201 Review of pre-commencement decision – application not yet\nmade\n(a) a decision had been made under this Act and the period for\napplying for a review of the decision under section 193, as\nthen in force, had not expired; but\n(b) an application for a review of the decision had not been made.\n(2) A person who would have been entitled to apply for a review of the\ndecision under the old legislation may do so under the old\nlegislation, as if the 2014 Acts had not commenced.\n(3) The Commission must review the decision in accordance with the\nold legislation as if the 2014 Acts had not commenced.\n","sortOrder":236},{"sectionNumber":"202","sectionType":"section","heading":"Review of pre-commencement decision – application made","content":"202 Review of pre-commencement decision – application made\n(a) an application had been made under section 193, as then in\nforce, for review of a decision made under this Act; but\n(b) the Commission had not completed the review.\n(2) The Commission must complete the review in accordance with the\nold legislation as if the 2014 Acts had not commenced.\n","sortOrder":237},{"sectionNumber":"203","sectionType":"section","heading":"Continuation of ongoing documents and things","content":"203 Continuation of ongoing documents and things\n(1) This section applies if:\n(a) before the commencement, a power or function was conferred\nby this Act on the Commission or NTLC Director; and\n(b) on the commencement, the power or function (or a\nsubstantially similar power or function) is conferred on the\n(2) On the commencement, an ongoing document continues with the\nsame force and effect as if it had been issued by, or given to, the\n(3) On the commencement, an ongoing thing continues with the same\nforce and effect as if it had been done by, or in relation to, the\n\n","sortOrder":238},{"sectionNumber":"Part 12","sectionType":"part","heading":"Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015","content":"Part 12 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015\nGaming Machine Act 1995 170\n(4) This section applies subject to the other provisions of this Part and\nPart 5, Division 2 of the Licensing (Director-General) Act 2014.\n(5) In this section, a reference to something done before the\ncommencement includes a reference to something done after the\ncommencement in accordance with this Part as if it had been done\nbefore the commencement.\n(6) In this section:\nongoing document means a document that:\n(a) was issued by, or given to, the Commission or NTLC Director\nbefore the commencement in or for the exercise of the power\nor performance of the function; and\n(b) immediately before the commencement, had ongoing effect.\nongoing thing means a thing that:\n(a) was done by, or in relation to, the Commission or NTLC\nDirector before the commencement in or for the exercise of\nthe power or performance of the function; and\n(b) immediately before the commencement, had ongoing effect.\nPart 12 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n","sortOrder":239},{"sectionNumber":"204","sectionType":"section","heading":"Offences – before and after commencement","content":"204 Offences – before and after commencement\n(1) Sections 180 and 180A, as inserted by the Statute Law\nAmendment (Directors' Liability) Act 2015, (the new sections)\napply in relation to a relevant offence committed by a body\ncorporate after the commencement of Part 2, Division 15 of that Act\n(the commencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 180, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n\n","sortOrder":240},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transitional matters for Licensing (Director-General) Repeal Act 2020","content":"Part 13 Transitional matters for Licensing (Director-General) Repeal Act 2020\nGaming Machine Act 1995 171\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new sections do not apply.\nPart 13 Transitional matters for Licensing\n(Director-General) Repeal Act 2020\n","sortOrder":241},{"sectionNumber":"205","sectionType":"section","heading":"Definitions","content":"205 Definitions\ncommencement means the commencement of section 3 of the\nLicensing (Director-General) Repeal Act 2020.\nDirector-General means the Director-General of Licensing\nappointed under the repealed Act before its repeal.\nrepealed Act means the Licensing (Director-General) Act 2014.\n","sortOrder":242},{"sectionNumber":"206","sectionType":"section","heading":"Applications to be decided by Director","content":"206 Applications to be decided by Director\nIf an application is made to the Director-General for a decision to\nbe made under this Act but the decision is not made before the\ncommencement, the application must be decided by the Director as\nif it was made to the Director.\n","sortOrder":243},{"sectionNumber":"207","sectionType":"section","heading":"Director to complete delegate decision reviews","content":"207 Director to complete delegate decision reviews\nIf an application is made to the Director-General for a review under\nPart 3 of the repealed Act of a delegate decision made under this\nAct, but the review is not completed before the commencement, the\nreview must be conducted by the Director as if the application was\nmade to the Director.\n","sortOrder":244},{"sectionNumber":"208","sectionType":"section","heading":"Continuation of instruments, appointments, documents etc.","content":"208 Continuation of instruments, appointments, documents etc.\n(1) A statutory instrument or other instrument, an appointment, an\napproved form or any other document made or issued by the\nDirector-General under this Act or the repealed Act before the\ncommencement continues in force and is taken after the\ncommencement to have been made or issued by the Director.\n(2) Without limiting subsection (1), a delegation by the Director-\nGeneral under this Act or the repealed Act in force immediately\nbefore the commencement is taken after the commencement to be\na delegation by the Director and continues in force until amended\nor revoked under this Act.\n\nGaming Machine Act 1995 172\nsection 166A\nSection Decision\n25 Decision to grant or refuse application\n25(12) Decision regarding number of gaming machines authorised for use\nunder the licence\n34 Decision to impose conditions or further conditions, or vary\nconditions, on licence\n39A Decision to grant or refuse application\n41 Decision to grant or refuse application\n42(1) Decision to decrease number of gaming machines authorised for\nuse under licence\n42H Decision to grant or refuse application\n43(9) Decision to grant, or refuse to grant, application\n49(9)(c) Decision to give directions to licensee or cancel or suspend\ngaming machine licence\n50 Decision to suspend gaming machine licence\n65 Decision to grant, or refuse to grant, licence\n70 Decision to impose conditions or further conditions on, or vary\nconditions of, licence\n71(5) Decision to renew, or not to renew, licence\n79(8)(c) Decision to give directions to holder of licence or cancel or\nsuspend licence\n80 Decision to suspend licence\n82 Decision to grant, impose conditions on or cancel provisional\nlicence\n116 Decision to approve, or refuse to approve, person to be\nrecognised manufacturer or supplier of gaming machines\n\nGaming Machine Act 1995 173\nSection Decision\n117 Decision to approve, or refuse to approve, person to be\nrecognised supplier of restricted components\n134 Decision to approve or refuse application for approval under\nsection 134(1)\n165(11) Decision to direct termination of agreement\n\nGaming Machine Act 1995 174\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nGaming Machine Act 1995 (Act No. 50, 1995)\nAssent date 22 November 1995\nCommenced 19 December 1995 (Gaz S43, 19 December 1995)\nStatute Law Revision Act (No. 2) 1999 (Act No. 48, 1999)\nAssent date 10 November 1999\nCommenced 10 November 1999\nGaming Machine Amendment Act 1999 (Act No. 69, 1999)\nAssent date 17 December 1999\nCommenced 14 February 2000 (s 2, s 2 Northern Territory Licensing\nCommission Act 1999 (Act No. 67, 1999) and Gaz G5,\n9 February 2000, p 6)\nGaming Machine Amendment Act 2001 (Act No. 4, 2001)\nAssent date 22 March 2001\nCommenced 18 May 2001 (Gaz S24, 18 May 2001)\nGaming Machine Amendment Act (No. 2) 2001 (Act No. 5, 2001)\nAssent date 22 June 2001\nCommenced 29 June 2001 (Gaz S34, 29 June 2001)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced s 9(2): 29 June 2001; rem: 11 December 2001 (s 2(3), s 2\nGaming Machine Amendment Act (No. 2) 2001 (Act No. 5,\n2001) and Gaz S34, 29 June 2001)\n\nGaming Machine Act 1995 175\nGaming Machine Amendment Act 2002 (Act No. 55, 2002)\nAssent date 10 October 2002\nCommenced 8 January 2003 (s 2, s 2 Gaming Control Amendment\nAct 2002 (Act No. 56, 2002) and Gaz G1, 8 January 2003, p 2)\nStatute Law Revision Act (No. 2) 2002 (Act No. 59, 2002)\nAssent date 7 November 2002\nCommenced 7 November 2002\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2003\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nStatute Law Revision Act 2004 (Act No. 18, 2004)\nAssent date 15 March 2004\nCommenced 5 May 2004 (s 2(1), s 2 Associations Act 2003 (Act No. 56,\n2003) and Gaz G18, 5 May 2004, p 2)\nGaming Machine Amendment Act 2004 (Act No. 45, 2004)\nAssent date 14 July 2004\nCommenced 1 September 2004 (Gaz G35, 1 September 2004, p 8)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007 (s 2(2))\nRevenue Law Reform (Budget Initiatives) Act 2008 (Act No. 23, 2008)\nAssent date 30 June 2008\nCommenced pt 1, ss 3, 12(1), 18 and 19: 1 January 2008 (s 2(1));\nss 7, 10 and 11(1): 6 May 2008 (s 2(2)); rem: 1 July 2008\n(s 2(3))\nGaming Machine Amendment (Anti-Proliferation) Act 2008 (Act No. 29, 2008)\nAssent date 21 November 2008\nCommenced s 10: 1 January 2009 (Gaz G50, 17 December 2008, p 3);\nrem: 18 July 2008 (s 2)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nPenalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010)\nAssent date 18 November 2010\nCommenced 1 February 2011 (Gaz S6, 1 February 2011)\n\nGaming Machine Act 1995 176\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nLicensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014)\nAssent date 5 December 2014\nCommenced 1 January 2015 (Gaz S130, 19 December 2014, p 2)\nGaming and Liquor Legislation Amendment Act 2015 (Act No. 19, 2015)\nAssent date 23 June 2015\nCommenced 1 July 2015 (Gaz S75, 1 July 2015)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nLiquor Act 2019 (Act No. 29, 2019)\nAssent date 3 September 2019\nCommenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)\nLicensing (Director-General) Repeal Act 2020 (Act No. 4, 2020)\nAssent date 9 March 2020\nCommenced 14 April 2020 (Gaz G13, 1 April 2020, p 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020\nJustice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022)\nAssent date 31 October 2022\nCommenced pt 3: 1 February 2023; rem: 21 December 2022 (Gaz G50,\n21 December 2022, p 1)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\n\nGaming Machine Act 1995 177\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 9 Gaming Machine Amendment Act 1999 (Act No. 69, 1999)\ns 70 Gaming Machine Amendment Act (No. 2) 2001 (Act No. 5, 2001)\nss 9 and 10 Gaming Machine Amendment Act 2002 (Act No. 55, 2002)\ns 71 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003\n(Act No. 1, 2004)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 7, 22, 24, 37C, 38, 38C,\n42B ,42C, 42F, 43, 57, 64, 166A, 166B, 166C, 166D, 190, 195, 196, 197 and\n203.\n5 LIST OF AMENDMENTS\ns 2A ins No. 5, 2001, s 4\nsub No. 45, 2004, s 4\ns 3 amd No. 48, 1999, s 3; No. 69, 1999, s 4; No. 5, 2001, s 5; No. 55, 2002, s 4;\nNo. 45, 2004, s 5; No. 44, 2014, s 13; No. 19, 2015, s 4; No. 4, 2017, s 34;\nNo. 29, 2019, s 358, No. 4, 2020, s 16; No. 26, 2020, s 3\ns 5 amd No. 1, 2004, s 62\ns 6A ins No. 5, 2001, s 6\nss 9 – 12 rep No. 69, 1999, s 5\nsub No. 4, 2020, s 17\nss 13 – 16 rep No. 69, 1999, s 5\ns 17 amd No. 45, 2004, s 6; No. 44, 2014, s 14; No. 4, 2020, s 18\ns 18 rep No. 69, 1999, s 5\ns 19 rep No. 44, 2014, s 15\ns 20 amd No. 5, 2001, s 7; No. 38, 2010, s 3; No. 44, 2014, s 16; No. 4, 2020, s 19\ns 21 rep No. 69, 1999, s 5\nins No. 5, 2001, s 8\namd No. 38, 2010, s 3; No. 44, 2014, s 17; No. 4, 2020, s 20\ns 22 amd No. 5, 2001, s 9; No. 45, 2004, s 7; No. 23, 2008, s 21; No. 38, 2010, s 3\ns 22A ins No. 5, 2001, s 10\namd No. 44, 2014, s 29; No. 4, 2020, s 21\npt 2A hdg ins No. 29, 2008, s 4\ns 22B ins No. 29, 2008, s 4\ns 22C ins No. 29, 2008, s 4\npt 3\ndiv 1 hdg ins No. 19, 2015, s 5\npt 3\ndiv 2 hdg ins No. 19, 2015, s 6\ns 24 amd No. 48, 1999, s 3; No. 4, 2001, s 4; No. 5, 2001, s 11; No. 18, 2004, s 3;\nNo. 44, 2014, s 18; No. 29, 2019, s 359; No. 4, 2020, s 26; Act No. 21, 2022,\ns 50\ns 24A ins No. 45, 2004, s 8\ns 25 amd No. 4, 2001, s 5; No. 5, 2001, s 12; No. 45, 2004, s 9; No. 29, 2008, s 5;\nNo. 44, 2014, s 29; No. 4, 2020, s 26\ns 26 amd No. 44, 2014, s 29; No. 4, 2020, s 26\n\nGaming Machine Act 1995 178\ns 27 amd No. 4, 2001, s 6; No. 5, 2001, s 13; No. 38, 2010, s 3; No. 44, 2014,\ns 29; No. 8, 2016, s 45; No. 4, 2020, s 26\ns 28 amd No. 5, 2001, s 14; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 29 amd No. 4, 2001, s 7; No. 5, 2001, s 15; No. 38, 2010, s 3; No. 44, 2014,\ns 30 amd No. 38, 2010, s 3\ns 31 amd No. 44, 2014, s 29; No. 4, 2020, s 26\ns 32 sub No. 5, 2001, s 16\nss 33 – 34 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 35 amd No. 4, 2007, s 7; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 36 sub No. 5, 2001, s 17; No. 55, 2002, s 5\namd No. 45, 2004, s 10; No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020,\ns 26\npt 3\ndiv 3 hdg ins No. 19, 2015, s 7\ns 37 sub No. 19, 2015, s 7\namd No. 29, 2019, s 360\ns 37A ins No. 19, 2015, s 7\ns 37B ins No. 19, 2015, s 7\ns 37C ins No. 19, 2015, s 7\namd No. 29, 2019, s 361; No. 4, 2020, s 26\ns 38 amd No. 69, 1999, s 6; No. 44, 2014, s 29\nsub No. 19, 2015, s 7\namd No. 29, 2019, s 362; No. 4, 2020, s 26\ns 38A ins No. 19, 2015, s 7\ns 38B ins No. 19, 2015, s 7\ns 38C ins No. 19, 2015, s 7\nsub No. 29, 2019, s 363\namd No. 4, 2020, s 26; No. 4, 2023, s 23\ns 39 amd No. 4, 2001, s 8; No. 5, 2001, s 18; No. 38, 2010, s 3; No. 44, 2014, s 29\nsub No. 19, 2015, s 7\nss 39A – 39B ins No. 19, 2015, s 7\npt 3\ndiv 4 hdg ins No. 19, 2015, s 7\ns 40 amd No. 4, 2001, s 9; No. 5, 2001, s 19; No. 44, 2014, s 29\nrep No. 19, 2015, s 7\ns 40A ins No. 4, 2001, s 10\npt 3\ndiv 5 hdg ins No. 19, 2015, s 8\ns 41 amd No. 4, 2001, s 11; No. 5, 2001, s 20; No. 45, 2004, s 11; No. 44, 2014,\ns 19; No. 4, 2020, s 26\nss 41A – 41B ins No. 45, 2004, s 12\ns 42 amd No. 69, 1999, s 7; No. 4, 2001, s 12; No. 5, 2001, s 21; No. 25, 2009,\ns 10; No. 38, 2010, s 3; No. 44, 2014, s 20; No. 19, 2015, s 9; No. 4, 2020,\ns 26\npt 3\ndiv 6 hdg ins No. 19, 2015, s 10\ns 42A ins No. 19, 2015, s 10\namd No. 29, 2019, s 364\ns 42B ins No. 19, 2015, s 10\namd No. 10, 2018, s 6; No. 29, 2019, s 365; No. 4, 2020, s 26\ns 42C ins No. 19, 2015, s 10\namd No. 29, 2019, s 366; No. 4, 2020, s 26\n\nGaming Machine Act 1995 179\nss 42D – 42E ins No. 19, 2015, s 10\ns 42F ins No. 19, 2015, s 10\nsub No. 29, 2019, s 367\nss 42G – 42J ins No. 19, 2015, s 10\ns 43 amd No. 4, 2001, s 13; No. 44, 2005, s 35; No. 38, 2010, s 3; No. 44, 2014,\npt 3\ndiv 7 hdg ins No. 19, 2015, s 11\ns 44 amd No. 5, 2001, s 22; No. 17, 2001, s 21; No. 38, 2010, s 3; No. 44, 2014,\ns 29; No. 19, 2015, s 12; No. 4, 2020, s 26\ns 45 amd No. 45, 2004, s 13; No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020,\ns 26\ns 46 amd No. 44, 2014, s 29; No. 19, 2015, s 13; No. 4, 2020, s 26\npt 3\ndiv 8 hdg ins No. 19, 2015, s 14\ns 47 amd No. 4, 2001, s 14; No. 5, 2001, s 23; No. 38, 2010, s 3; No. 44, 2014,\ns 49 amd No. 5, 2001, s 24; No. 45, 2004, s 14; No. 38, 2010, s 3; No. 44, 2014,\ns 21; No. 19, 2015, s 15; No. 8, 2016, s 45; No. 4, 2020, s 26\nss 50 – 51 amd No. 44, 2014, s 29; No. 4, 2020, s 26\ns 52 amd No. 38, 2010, s 3\npt 3\ndiv 9 hdg ins No. 19, 2015, s 16\ns 53 amd No. 4, 2001, s 15; No. 5, 2001, s 25; No. 38, 2010, s 3; No. 44, 2014,\nss 54 – 56 amd No. 44, 2014, s 29; No. 4, 2020, s 26\ns 57 sub No. 29, 2019, s 368\npt IV hdg amd No. 5, 2001, s 26\ns 57A ins No. 5, 2001, s 27\namd No. 44, 2014, s 22\ns 58 sub No. 5, 2001, s 27\namd No. 38, 2010, s 3\ns 59 sub No. 5, 2001, s 27\ns 59A ins No. 5, 2001, s 27\nss 60 – 61 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 62 amd No. 48, 1999, s 3; No. 5, 2001, s 28; No. 44, 2014, s 29; No. 4, 2020,\ns 26\ns 63 amd No. 5, 2001, s 29; No. 38, 2010, s 3; No. 44, 2014, s 29; No. 8, 2016,\ns 45; No. 4, 2020, s 26\ns 64 amd No. 5, 2001, s 30; No. 45, 2004, s 15; No. 44, 2014, s 29; No. 4, 2020,\ns 26\nss 65 – 67 amd No. 44, 2014, s 29; No. 4, 2020, s 26\ns 68 amd No. 5, 2001, s 31\ns 69 sub No. 5, 2001, s 32\ns 70 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 71 amd No. 5, 2001, s 33; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 73 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 74 amd No. 5, 2001, s 34; No. 17, 2001, s 21; No. 38, 2010, s 3; No. 44, 2014,\ns 75 amd No. 45, 2004, s 16; No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020,\ns 26\ns 76 amd No. 5, 2001, s 35; No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s\n\nGaming Machine Act 1995 180\ns 77 amd No. 5, 2001, s 36; No. 62, 2001, s 9; No. 38, 2010, s 3; No. 44, 2014,\ns 78 amd No. 5, 2001, s 37; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 79 amd No. 5, 2001, s 38; No. 38, 2010, s 3; No. 44, 2014, s 29; No. 8, 2016,\ns 45; No. 4, 2020, s 26\nss 80 – 82 amd No. 44, 2014, s 29; No. 4, 2020, s 26\ns 82A ins No. 5, 2001, s 39\ns 83 amd No. 4, 2001, s 16\nsub No. 5, 2001, s 40\ns 84 amd No. 4, 2001, s 17; No. 38, 2010, s 3\ns 85 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 86 amd No. 4, 2001, s 18\nrep No. 5, 2001, s 41\ns 87 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 88 amd No. 38, 2010, s 3; No. 29, 2019, s 369\ns 89 amd No. 44, 2014, s 29; No. 4, 2020, s 26\nss 90 – 92 amd No. 38, 2010, s 3\ns 93 rep No. 5, 2001, s 41\ns 94 amd No. 5, 2001, s 42; No. 38, 2010, s 3\ns 95 amd No. 5, 2001, s 43; No. 38, 2010, s 3\ns 96 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 97 amd No. 38, 2010, s 3\ns 98 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 99 amd No. 4, 2001, s 19; No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020,\ns 26\nss 100 – 102 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s 26\nss 103 – 108 amd No. 38, 2010, s 3\nss 113 – 115 amd No. 38, 2010, s 3\ns 116 amd No. 4, 2001, s 20\nsub No. 5, 2001, s 44\namd No. 62, 2001, s 9; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 117 sub No. 5, 2001, s 44\ns 118 amd No. 45, 2004, s 17; No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020,\ns 26\ns 119 amd No. 44, 2014, s 29; No. 8, 2016, s 45; No. 4, 2017, s 34; No. 4, 2020,\ns 26\ns 120 amd No. 5, 2001, s 45; No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020,\ns 26\ns 121 amd No. 4, 2001, s 21; No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020,\ns 26\ns 121A ins No. 4, 2001, s 22\ns 122 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 123 amd No. 4, 2001, s 23; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 124A ins No. 5, 2001, s 46\ns 125 amd No. 4, 2001, s 24; No. 5, 2001, s 47; No. 38, 2010, s 3; No. 44, 2014,\ns 126 amd No. 4, 2001, s 25; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 127 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 128 amd No. 4, 2001, s 26; No. 5, 2001, s 48; No. 44, 2014, s 29; No. 4, 2020,\ns 26\ns 129 sub No. 5, 2001, s 49\ns 130 rep No. 5, 2001, s 49\ns 131 amd No. 5, 2001, s 50; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 132 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s 26\n\nGaming Machine Act 1995 181\ns 133 amd No. 4, 2001, s 27; No. 5, 2001, s 51; No. 38, 2010, s 3; No. 44, 2014,\ns 134 amd No. 4, 2001, s 28; No. 5, 2001, s 52; No. 38, 2010, s 3; No. 44, 2014,\ns 135 amd No. 4, 2001, s 29; No. 5, 2001, s 53; No. 38, 2010, s 3; No. 44, 2014,\ns 136 amd No. 5, 2001, s 54; No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020,\ns 26\ns 136A ins No. 5, 2001, s 55\ns 137 amd No. 5, 2001, s 56; No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020,\ns 26\ns 138 amd No. 4, 2001, s 30; No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020,\ns 26\ns 139 amd No. 38, 2010, s 3\ns 140 amd No. 4, 2001, s 31; No. 38, 2010, s 3\nss 141 – 144 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 145 amd No. 38, 2010, s 3\ns 146 amd No. 17, 2001, s 21; No. 59, 2002, s 5; No. 45, 2004, s 18; No. 38, 2010,\ns 3; No. 38, 2014, s 2; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 147 amd No. 38, 2010, s 3\ns 148 amd No. 5, 2001, s 57; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 149 amd No. 4, 2001, s 32; No. 5, 2001, s 58; No. 29, 2008, s 6; No. 44, 2014,\ns 149A ins No. 4, 2001, s 33\namd No. 5, 2001, s 59; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 150 amd No. 5, 2001, s 60; No. 55, 2002, s 6; No. 44, 2014, s 29; No. 4, 2020,\ns 26\ns 151 rep No. 55, 2002, s 7\ns 152 amd No. 4, 2001, s 34; No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020,\ns 26\ns 153 amd No. 5, 2001, s 61; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 154 amd No. 44, 2014, s 29; No. 4, 2020, s 26\ns 155 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 156 amd No. 5, 2001, s 62; No. 55, 2002, s 8; No. 4, 2007, s 7; No. 44, 2014,\ns 157 amd No. 4, 2001, s 35; No. 5, 2001, s 63; No. 44, 2014, s 29; No. 4, 2020,\ns 26\ns 158 amd No. 4, 2001, s 36; No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020,\ns 26\ns 159 amd No. 38, 2010, s 3\ns 161 amd No. 5, 2001, s 64; No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020,\ns 26\ns 161A ins No. 5, 2001, s 65\ns 162 amd No. 4, 2001, s 37; No. 44, 2014, s 29; No. 8, 2016, s 45; No. 4, 2020,\ns 26\ns 163 amd No. 38, 2010, s 3\ns 164 amd No. 69, 1999, s 8; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 165 amd No. 5, 2001, s 66; No. 38, 2010, s 3; No. 44, 2014, s 23; No. 4, 2020,\ns 26\ns 166 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s 26\npt 9A hdg ins No. 44, 2014, s 24\nss 166A –\n166D ins No. 44, 2014, s 24\nsub No. 4, 2020, s 22\nss 166E –\n166H ins No. 4, 2020, s 22\ns 167 amd No. 38, 2010, s 3\n\nGaming Machine Act 1995 182\ns 168 amd No. 4, 2001, s 38; No. 44, 2014, s 29; No. 4, 2020, s 26\nss 169 – 170 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 171 amd No. 44, 2014, s 29; No. 4, 2020, s 26\nss 172 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020, s 26\ns 173 amd No. 38, 2010, s 3\ns 174 amd No. 38, 2010, s 3; No. 44, 2014, s 29; No. 19, 2015, s 17; No. 4, 2020,\ns 26\ns 175 amd No. 5, 2001, s 67; No. 38, 2010, s 3; No. 44, 2014, s 29; No. 4, 2020,\ns 26\nss 176 – 177 amd No. 38, 2010, s 3\ns 180 sub No. 26, 2015, s 53\ns 180A ins No. 26, 2015, s 53\ns 181 amd No. 38, 2010, s 3\ns 183 amd No. 7, 2007, s 16\ns 184 sub No. 5, 2001, s 68\namd No. 44, 2014, s 29; No. 4, 2020, s 23\ns 186 amd No. 44, 2014, s 29; No. 4, 2020, s 26\ns 188 amd No. 17, 2001, s 21\ns 189 amd No. 44, 2014, s 29; No. 4, 2020, s 26\ns 190 amd No. 38, 2010, s 3; No. 19, 2015, s 18\ns 191 amd No. 44, 2014, s 29; No. 4, 2020, s 26\ns 192 amd No. 44, 2014, s 25; No. 4, 2020, s 26\ns 193 rep No. 44, 2014, s 26\ns 193A ins No. 45, 2004, s 19\namd No. 38, 2010, s 3\ns 194 amd No. 5, 2001, s 69; No. 29, 2008, s 7; No. 23, 2013, s 6; No. 44, 2014,\ns 27; No. 4, 2020, s 26\npt 11 hdg ins No. 44, 2014, s 28\ndiv 1 hdg ins No. 44, 2014, s 28\ns 195 ins No. 44, 2014, s 28\ndiv 2 hdg ins No. 44, 2014, s 28\nss 196 – 199 ins No. 44, 2014, s 28\ndiv 3 hdg ins No. 44, 2014, s 28\nss 200 – 202 ins No. 44, 2014, s 28\ndiv 4 hdg ins No. 44, 2014, s 28\ns 203 ins No. 44, 2014, s 28\npt 12 hdg ins No. 26, 2015, s 54\ns 204 ins No. 26, 2015, s 54\npt 13 hdg ins No. 4, 2020, s 24\nss 205 – 208 ins No. 4, 2020, s 24\nsch ins No. 44, 2014, s 28\namd No. 19, 2015, s 19; No. 4, 2020, s 25","sortOrder":245}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has grown well beyond a narrow 1995 framework for permitting and supervising gaming machines. Over successive amendments it now creates a comprehensive regulatory ecosystem that covers the full supply chain (recognised manufacturers, suppliers of restricted components, approved finance providers), operational supervision (licensed monitoring providers and machine managers), finance and taxation (monthly tax, community-benefit levy, Director-owned machine costs), and an expanded enforcement and corporate-liability architecture (executive officer liability in ss180–180A). Concrete scope expansions include: statutory caps and local restrictions on machine numbers (Part 2A, ss22B–22C), mandatory monitoring and licensing of service providers (Part 4, ss59A, 60), Director control over financing arrangements (s129), and extended investigatory and termination powers over commercial agreements (s165). These additions shift the law from a venue-licensing instrument to a systemic regulatory regime governing manufacture, supply, finance, operation, taxation and enforcement."},"complexity_factors":["208 substantive sections (ss1–208) plus a multi-item Schedule of reviewable decisions","13 Parts covering preliminary rules, administration, licensing, supply chain control, supervision, accounting, taxation, enforcement, review, transitional provisions and more","Large interpretation/definitions section with numerous defined terms and cross-references (s3 plus many in-text defined terms: gaming machine, licence categories, associate, locality, etc.)","Extensive cross-referencing with other Acts (Liquor Act 2019, Taxation Administration Act 2007, Corporations Act) and with Regulations and prescribed matters (multiple sections depend on regulations)","Numerous conditional pathways: different rules for clubs, hotels, transferable licences, substitution/transfer/alteration, and triggers for community impact analysis (ss24, 37C, 41A, 42B, 38A)","Multiple licence and approval types (gaming machine licence, repairer, service contractor, monitoring provider, machine manager, recognised manufacturer/supplier, finance provider) each with bespoke application, renewal, surrender and suspension regimes (Parts 3, 4, 6, 129)","Heavy Director discretion: many powers to impose/alter conditions, refuse/grant licences, recognise interstate authorisations, revoke approvals and terminate agreements (ss17, 22A, 34, 172, 165)","Detailed enforcement regime with wide inspector powers (entry, seizure, testing), many offences and layered penalties (ss162–163, 120–140, 158–159)","Embedded transitional and amendment history (multiple transitional Parts 11–13 and a long Endnotes list of amendments) increases interpretive complexity"],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a comprehensive licensing and regulatory regime for gaming machines (slot machines) in the Northern Territory. The Director of Gaming Machines (\"the Director\") administers the scheme (see s9, s17).\n- Creates multiple licence categories and approvals: gaming machine licences for venues (clubs, hotels, wayside inns etc.), licences for repairers, service contractors, monitoring providers and machine managers, and approvals for manufacturers and suppliers of restricted components (Parts 3–6, Part 4; see ss24, 57A, 116–117).\n- Controls numbers, placement and movement of machines: applications, community impact analyses, public notices and limits can be imposed (ss22B, 24, 24A, 41, 41A, 42B, 42C).\n- Sets operational rules for venues and equipment: where machines may be installed, hours of gaming, maintenance, token and payment rules, accounting, audits and record-keeping (Parts 5–7; see ss83–96, 141–147).\n- Establishes financial obligations: monthly gaming-machine tax, a community-benefit levy and other ownership costs, with timing, reporting and penalties (ss148–156, 149, 150, 149A).\n- Gives inspectors wide entry, seizure and other enforcement powers; creates offences with specified penalties across the supply chain and venue operations (ss162–163, 120–140, 174–177).\n- Provides review and internal appeal processes for many Director decisions and lists which decisions are reviewable (Part 9A and the Schedule; see ss166A–166H and Schedule).\n\n**Who is affected\n\n- Licensees (clubs, hotels, wayside inns and other prescribed liquor-licensed premises): they apply for and hold gaming machine licences, operate machines, keep records, pay taxes and levies, and meet operational and probity conditions (see ss24, 33, 141–156).\n- Applicants and transferees: anyone seeking a licence or a transfer must satisfy fitness, financial and neighbourhood impact tests and may need to produce community impact analyses; transfers for some licences require Director authorisation and a corresponding liquor-licence process (ss24–25, 37C, 38, 38A, 38B, 42B, 42F).\n- Service providers and supply chain participants: repairers, service contractors, monitoring providers, machine managers, recognised manufacturers and suppliers and approved finance providers are licensed/approved and subject to conditions, notifications and restrictions (Parts 4 and 6, ss58–66, 116–129).\n- Inspectors, the Director and the Minister: the Director runs the system, issues approvals and directions, delegates powers, and may publish guidelines; inspectors enforce and may exercise broad powers of entry, seizure and testing (ss9, 10, 17, 20, 161–162, 161A).\n- The community and third parties: the Act requires public notices and may require community-impact material; it also channels community-benefit levies into a Community Benefit Fund (ss24A, 41B, 150, 156(3)(b)).\n\n**Why it matters (stated objectives and how the law implements them)\n\n- Official objectives are to promote probity and integrity in gaming, fairness and efficiency in gaming operations, reduce adverse social impacts and secure a balanced community contribution (s2A).\n- The Act implements those aims by:\n  - Requiring licensing, background checks, disclosures and ongoing investigations to screen operators and associates (ss24–25, 44–45, 64–66, 75).\n  - Imposing operational rules, monitoring and accounting obligations and independent audits to protect integrity and ensure correct tax/levy collection (ss83–99, 141–147, 155).\n  - Requiring community impact analysis and enabling restrictions on machine numbers and locations to address social impacts and local amenity (ss22B, 41A, 42D).\n  - Channeling a community benefit levy into a Community Benefit Fund (ss150, 156(3)(b)).\n\n**Concrete incentives, costs and trade-offs (how the Act changes behaviour)\n\n- Who pays: licensees pay application fees, levies and monthly taxes (ss24(q), 152, 149, 150). Clubs must also report community contributions and may face information requests about profit distribution (ss24(3)(ma), 36).\n- Who decides: the Director has broad discretion to grant, refuse, vary or suspend licences, impose conditions, recognise interstate authorisations and approve suppliers and finance providers (ss17, 22A, 28, 33–34, 116–129). Many actions are subject to delegated decisions with internal review (Part 9A).\n- Behaviour changes the law induces:\n  - Operators must restrict numbers, machine placement and opening hours, introduce problem-gambling controls and keep detailed accounts and monthly reconciliation reports (ss41, 83–89, 141–144).\n  - Supply chain participants must be licensed/approved and operate under tight controls (ss116–124A, 129). Financing and transfers of machines are subject to Director approval (ss129, 37B–39A).\n  - Licences are non-transferable in many cases (clubs) or subject to strict transfer procedures (ss37A–39B).\n\n**Compliance burden and administrative risks\n\n- Substantial compliance costs: frequent reporting, monthly tax payments, audits, record retention (7 years), community impact analyses for many applications and obligations to notify multiple changes of circumstances (ss144, 148–156, 41A, 27).\n- Regulatory discretion and administrative burden: the Director has broad subjective powers (public interest, fitness and propriety tests, power to impose or vary conditions, revoke approvals and terminate agreements) (ss17, 25, 34, 165). That concentrates decision-making in a single office and increases reliance on regulatory guidance and approvals (s161A).\n- Implementation risks: complex cross-referencing with Liquor Act processes (transfer/substitution applications require parallel liquor-licence steps — ss37C(2), 42B(3), 42F), and many matters are to be prescribed by regulation, so much detail is delegated.\n\n**Market effects and potential substitution or bottleneck mechanisms (mechanisms, not judgement)\n\n- Supply-side control: the Director approves listed manufacturers and suppliers and restricts possession and movement of machines and restricted components (ss116–127). That creates an approval gate in the supply chain.\n- Financing controls: approved finance providers must be used for machine financing and the Director must approve terms (s129). Those rules channel finance through authorised providers and require Director oversight of encumbrances.\n- Concentrated benefits and bottlenecks: approvals for suppliers, monitoring providers and finance providers (ss116, 59A, 129) create points where a small number of authorised entities can gain business; the Act makes the Director the gatekeeper for those authorisations.\n\n**Enforcement, penalties and corporate exposure\n\n- Wide enforcement powers for inspectors (entry, seizure, testing, detain evidence) and criminal and regulatory penalties for a broad set of acts (ss162–163, 120–140, 176–177).\n- Executive liability: corporate executive officers may face criminal or regulatory liability where the corporation contravenes declared provisions (ss180, 180A).\n\n**Net operational picture in one sentence\n\nOperators must obtain and maintain a licence, meet strict operational, accounting and probity conditions, use only approved suppliers/finance/monitoring arrangements, report regularly, pay taxes and levies, and submit to extensive inspection and Director discretion; the Director controls approvals, conditions and enforcement. (See ss24–34, 141–156, 116–129, 162–166A.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":793},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1995 form. Major scope expansions include: (1) Part 2A (2008) adding machine number restrictions and caps; (2) Part 4 (2001) creating entirely new licensing categories for monitoring providers and machine managers; (3) Part 9A (2014) introducing a statutory review mechanism; (4) extensive 2015 amendments adding community impact analysis requirements; and (5) 2019-2020 amendments integrating with the Liquor Act 2019 and restructuring administrative oversight. The original Act focused primarily on licensing and basic operation; the current version encompasses comprehensive harm minimisation, community consultation, and multi-layered compliance frameworks."},"complexity_factors":["194 sections across 13 Parts with multiple Divisions and transitional provisions","47 defined terms in section 3 including nested definitions like 'associate' with 18 sub-categories","Extensive cross-referencing with Liquor Act 2019, Gaming Control Act 1993, Corporations Act 2001 and Commonwealth legislation","Multiple licensing regimes: gaming machine licences, repairer's licences, service contractor's licences, monitoring provider's licences, and machine manager's licences","Conditional logic throughout: exceptions to offences (e.g. section 84(2) for repairers), defences (e.g. section 97(3) for defective machines), and deemed liabilities (sections 180-180A)","Nested review mechanisms: delegate decisions → Director review → NTCAT appeal","Transitional provisions spanning three separate amending Acts (2014, 2015, 2020) with complex continuity rules","Community impact analysis requirements triggered by multiple thresholds (5+ machines, guidelines, or Director discretion)","Detailed accounting and reporting obligations with daily, monthly and annual cycles","Criminal liability extends to executive officers through both knowledge-based (s 180) and deemed liability (s 180A) provisions"],"plain_english_summary":"The Act tightly regulates poker machines in Northern Territory pubs, clubs and hotels by licensing venues and industry participants, controlling supply and maintenance, enforcing monitoring and recordkeeping, setting player protections and responsible‑gambling measures, and taxing profits. \n\nIt affects venue operators, machine technicians, players and the community (via levy funding and public notices), balancing commercial operation, harm prevention and revenue collection while giving the Director broad powers and criminal penalties for serious breaches."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/gaming-machine-act-1995","history":"/api/acts/gaming-machine-act-1995/history","analysis":"/api/acts/gaming-machine-act-1995/analysis","conflicts":"/api/acts/gaming-machine-act-1995/conflicts","importantCases":"/api/acts/gaming-machine-act-1995/important-cases","documents":"/api/acts/gaming-machine-act-1995/documents"}}