QLDIn ForceAct
Gaming Machine Act 1991
sec.109ZHDecrease in, or end of, temporary transfer of entitlements
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### sec.109ZH Decrease in, or end of, temporary transfer of entitlements
This section applies if there is—
a decrease in the number of entitlements for licensed premises transferred by a transferor licensee to a transferee licensee on a temporary basis under division 3 ; or
an end to the transfer of entitlements by a transferor licensee to a transferee licensee on a temporary basis under division 3 .
Each of the licensees must, within 14 days after the day of the decrease mentioned in subsection (1) (a) or ending mentioned in subsection (1) (b) , give to the commissioner—
the licensee’s gaming machine licence; and
the fee prescribed under a regulation.
Maximum penalty—40 penalty units.
Subsection (2) does not apply to a licensee whose gaming machine licence—
is cancelled under section 96 because the licensee’s liquor licence is cancelled or surrendered; or
is cancelled under section 97 (12) (c) (ii) (A) or (13) (a) .
If the commissioner receives a gaming machine licence for a licensee under subsection (2) , the commissioner must as soon as practicable—
replace the licensee’s licence; and
give the replacement licence to the licensee.
The replacement licence must include the following—
the information mentioned in section 68 (2) (e) ;
the number of entitlements for the licensed premises that have been transferred to the licensee of other licensed premises on a temporary basis under division 3 ;
the number of entitlements for other licensed premises that have been transferred to the licensee on a temporary basis under division 3 ;
if the licensee received a notice under section 88A (1) or (2) relating to a decision approving a decrease in the approved number of gaming machines for the licensee’s licensed premises—the number of entitlements for the licensed premises that must, under section 87 (9) , be transferred on a permanent basis under division 2 .
s 109ZH ins 2009 No. 41 s 41
amd 2012 No. 25 ss 84 , 109 (1) ; 2013 No. 25 s 73
(sec.109ZH-ssec.1) This section applies if there is— a decrease in the number of entitlements for licensed premises transferred by a transferor licensee to a transferee licensee on a temporary basis under division 3 ; or an end to the transfer of entitlements by a transferor licensee to a transferee licensee on a temporary basis under division 3 .
(sec.109ZH-ssec.2) Each of the licensees must, within 14 days after the day of the decrease mentioned in subsection (1) (a) or ending mentioned in subsection (1) (b) , give to the commissioner— the licensee’s gaming machine licence; and the fee prescribed under a regulation. Maximum penalty—40 penalty units.
(sec.109ZH-ssec.3) Subsection (2) does not apply to a licensee whose gaming machine licence— is cancelled under section 96 because the licensee’s liquor licence is cancelled or surrendered; or is cancelled under section 97 (12) (c) (ii) (A) or (13) (a) .
(sec.109ZH-ssec.4) If the commissioner receives a gaming machine licence for a licensee under subsection (2) , the commissioner must as soon as practicable— replace the licensee’s licence; and give the replacement licence to the licensee.
(sec.109ZH-ssec.5) The replacement licence must include the following— the information mentioned in section 68 (2) (e) ; the number of entitlements for the licensed premises that have been transferred to the licensee of other licensed premises on a temporary basis under division 3 ; the number of entitlements for other licensed premises that have been transferred to the licensee on a temporary basis under division 3 ; if the licensee received a notice under section 88A (1) or (2) relating to a decision approving a decrease in the approved number of gaming machines for the licensee’s licensed premises—the number of entitlements for the licensed premises that must, under section 87 (9) , be transferred on a permanent basis under division 2 .
- (a) a decrease in the number of entitlements for licensed premises transferred by a transferor licensee to a transferee licensee on a temporary basis under division 3 ; or
- (b) an end to the transfer of entitlements by a transferor licensee to a transferee licensee on a temporary basis under division 3 .
- (a) the licensee’s gaming machine licence; and
- (b) the fee prescribed under a regulation.
- (a) is cancelled under section 96 because the licensee’s liquor licence is cancelled or surrendered; or
- (b) is cancelled under section 97 (12) (c) (ii) (A) or (13) (a) .
- (a) replace the licensee’s licence; and
- (b) give the replacement licence to the licensee.
- (a) the information mentioned in section 68 (2) (e) ;
- (b) the number of entitlements for the licensed premises that have been transferred to the licensee of other licensed premises on a temporary basis under division 3 ;
- (c) the number of entitlements for other licensed premises that have been transferred to the licensee on a temporary basis under division 3 ;
- (d) if the licensee received a notice under section 88A (1) or (2) relating to a decision approving a decrease in the approved number of gaming machines for the licensee’s licensed premises—the number of entitlements for the licensed premises that must, under section 87 (9) , be transferred on a permanent basis under division 2 .