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Gaming Machine Act 1991
sec.342Restriction on certain agreements
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### sec.342 Restriction on certain agreements
A licensee or any other person must not enter into, or be a party to, any lease, agreement or arrangement for a person to lease, let, lend or otherwise provide any property or thing or to furnish any service to the licensee in return for any direct or indirect interest in or percentage or share of—
the amount bet for the purpose of gaming; or
moneys, revenues, profits or earnings from the conduct of gaming;
on the licensee’s licensed premises.
Maximum penalty—200 penalty units.
If a licensee or any other person, before the issue of the licensee’s gaming machine licence has entered into or has in any way become a party to any lease, agreement or arrangement referred to in subsection (1) , the lease, agreement or arrangement on and from the issue of the gaming machine licence, to the extent that it contravenes or is inconsistent with subsection (1) , is void.
No right of action arises against any person because of the operation of subsection (2) .
The commissioner, where the commissioner is of the opinion that it is in the public interest to do so, may exempt in writing any lease, agreement or arrangement referred to in subsection (1) and subject such exemption to such conditions as the commissioner considers appropriate.
Any exemption under subsection (4) may, at any time, be revoked by the commissioner.
This section does not apply to an agreement entered into between a licensee and a licensed monitoring operator for electronically monitoring the licensee’s gaming machines in conjunction with the supply of services relating to the installation or operation of a linked jackpot arrangement on the licensee’s licensed premises.
s 342 amd 1992 No. 35 sch; 1997 No. 24 s 57 ; 1999 No. 8 s 113 ; 1999 No. 77 ss 155 , 3 sch 1 ; 2012 No. 25 s 110
(sec.342-ssec.1) A licensee or any other person must not enter into, or be a party to, any lease, agreement or arrangement for a person to lease, let, lend or otherwise provide any property or thing or to furnish any service to the licensee in return for any direct or indirect interest in or percentage or share of— the amount bet for the purpose of gaming; or moneys, revenues, profits or earnings from the conduct of gaming; on the licensee’s licensed premises. Maximum penalty—200 penalty units.
(sec.342-ssec.2) If a licensee or any other person, before the issue of the licensee’s gaming machine licence has entered into or has in any way become a party to any lease, agreement or arrangement referred to in subsection (1) , the lease, agreement or arrangement on and from the issue of the gaming machine licence, to the extent that it contravenes or is inconsistent with subsection (1) , is void.
(sec.342-ssec.3) No right of action arises against any person because of the operation of subsection (2) .
(sec.342-ssec.4) The commissioner, where the commissioner is of the opinion that it is in the public interest to do so, may exempt in writing any lease, agreement or arrangement referred to in subsection (1) and subject such exemption to such conditions as the commissioner considers appropriate.
(sec.342-ssec.5) Any exemption under subsection (4) may, at any time, be revoked by the commissioner.
(sec.342-ssec.6) This section does not apply to an agreement entered into between a licensee and a licensed monitoring operator for electronically monitoring the licensee’s gaming machines in conjunction with the supply of services relating to the installation or operation of a linked jackpot arrangement on the licensee’s licensed premises.
- (a) the amount bet for the purpose of gaming; or
- (b) moneys, revenues, profits or earnings from the conduct of gaming;