sec.109VRequirements about transferor licensed premises

### sec.109V Requirements about transferor licensed premises For section 109T (5) , requirements about the transferor licensed premises are stated in subsections (2) to (6) . The approved number of gaming machines for all licensed premises to which the transferor licensee’s licence relates must be less than 30. The transferor licensee must not, during the 3 years ending on the day of the proposed transfer of the entitlements the subject of the transfer, have been notified— under section 58 of the grant of the licence for the transferor licensed premises; or under section 63 of the approval of additional premises as premises to which the transferor licensee’s licence relates; or under section 83 of an approval to increase the approved number of gaming machines for the transferor licensed premises. None of the entitlements for the transferor licensed premises must be— currently transferred under this division for use on a temporary basis at other category 2 licensed premises; or required under section 87 (9) to be transferred on a permanent basis under division 2 . None of the entitlements for other category 2 licensed premises must be currently transferred under this division for use on a temporary basis at the transferor licensed premises. Subsection (3) does not apply if— at the time the transferor licensee was notified as mentioned in subsection (3) , entitlements for the transferor licensed premises, equal in number to the approved number of gaming machines for the premises, were transferred under section 78 (5) or 78A (7) to the transferor licensee; and at the time the application was made under section 109T , the transferor licensee had installed the number of gaming machines fixed under section 59 for the transferor licensed premises. s 109V ins 2009 No. 41 s 41 amd 2012 No. 25 s 80 (sec.109V-ssec.1) For section 109T (5) , requirements about the transferor licensed premises are stated in subsections (2) to (6) . (sec.109V-ssec.2) The approved number of gaming machines for all licensed premises to which the transferor licensee’s licence relates must be less than 30. (sec.109V-ssec.3) The transferor licensee must not, during the 3 years ending on the day of the proposed transfer of the entitlements the subject of the transfer, have been notified— under section 58 of the grant of the licence for the transferor licensed premises; or under section 63 of the approval of additional premises as premises to which the transferor licensee’s licence relates; or under section 83 of an approval to increase the approved number of gaming machines for the transferor licensed premises. (sec.109V-ssec.4) None of the entitlements for the transferor licensed premises must be— currently transferred under this division for use on a temporary basis at other category 2 licensed premises; or required under section 87 (9) to be transferred on a permanent basis under division 2 . (sec.109V-ssec.5) None of the entitlements for other category 2 licensed premises must be currently transferred under this division for use on a temporary basis at the transferor licensed premises. (sec.109V-ssec.6) Subsection (3) does not apply if— at the time the transferor licensee was notified as mentioned in subsection (3) , entitlements for the transferor licensed premises, equal in number to the approved number of gaming machines for the premises, were transferred under section 78 (5) or 78A (7) to the transferor licensee; and at the time the application was made under section 109T , the transferor licensee had installed the number of gaming machines fixed under section 59 for the transferor licensed premises. - (a) under section 58 of the grant of the licence for the transferor licensed premises; or - (b) under section 63 of the approval of additional premises as premises to which the transferor licensee’s licence relates; or - (c) under section 83 of an approval to increase the approved number of gaming machines for the transferor licensed premises. - (a) currently transferred under this division for use on a temporary basis at other category 2 licensed premises; or - (b) required under section 87 (9) to be transferred on a permanent basis under division 2 . - (a) at the time the transferor licensee was notified as mentioned in subsection (3) , entitlements for the transferor licensed premises, equal in number to the approved number of gaming machines for the premises, were transferred under section 78 (5) or 78A (7) to the transferor licensee; and - (b) at the time the application was made under section 109T , the transferor licensee had installed the number of gaming machines fixed under section 59 for the transferor licensed premises.