sec.392Certain gaming machine licences to lapse

### sec.392 Certain gaming machine licences to lapse This section applies to a gaming machine licence granted before 13 December 1999. If the licensee under a gaming machine licence to which this section applies has not started to conduct gaming on the licensed premises by the relevant date, the gaming machine licence lapses. If the licensee under a gaming machine licence to which this section applies has started to conduct gaming on the licensed premises by the relevant date but the full number of gaming machines approved for the licensed premises have not been installed, the number of gaming machines approved for the licensed premises is (subject to an increase or decrease on application under this Act) taken to be the number installed on that date. The commission may fix a date falling after 13 December 2000 as the relevant date for particular licensed premises if— the licensee— applies in writing to the commission before 13 December 2000 for deferment of the relevant date; and provides the commission with information and materials for which it reasonably asks to help it decide the application; and the commission is, after considering the application and any supporting information and materials, satisfied there is good reason to allow a deferment of the date for the licensed premises. The commission might consider the fact that licensed premises are under construction and the construction work is substantially complete or has been delayed for reasons outside the licensee’s control are good reasons for deferment of the relevant date. The commission may grant a deferment of the relevant date on conditions the commission considers appropriate and, if a condition is not complied with, the deferment does not operate beyond the date of the noncompliance. In this section— relevant date means— 13 December 2000; or for premises for which the commission has fixed a later date under subsection (4)—the date fixed by the commission or an earlier date on which the deferment ceases to operate under subsection (5). s 392 ins 2000 No. 51 s 84 (sec.392-ssec.1) This section applies to a gaming machine licence granted before 13 December 1999. (sec.392-ssec.2) If the licensee under a gaming machine licence to which this section applies has not started to conduct gaming on the licensed premises by the relevant date, the gaming machine licence lapses. (sec.392-ssec.3) If the licensee under a gaming machine licence to which this section applies has started to conduct gaming on the licensed premises by the relevant date but the full number of gaming machines approved for the licensed premises have not been installed, the number of gaming machines approved for the licensed premises is (subject to an increase or decrease on application under this Act) taken to be the number installed on that date. (sec.392-ssec.4) The commission may fix a date falling after 13 December 2000 as the relevant date for particular licensed premises if— the licensee— applies in writing to the commission before 13 December 2000 for deferment of the relevant date; and provides the commission with information and materials for which it reasonably asks to help it decide the application; and the commission is, after considering the application and any supporting information and materials, satisfied there is good reason to allow a deferment of the date for the licensed premises. The commission might consider the fact that licensed premises are under construction and the construction work is substantially complete or has been delayed for reasons outside the licensee’s control are good reasons for deferment of the relevant date. (sec.392-ssec.5) The commission may grant a deferment of the relevant date on conditions the commission considers appropriate and, if a condition is not complied with, the deferment does not operate beyond the date of the noncompliance. (sec.392-ssec.6) In this section— relevant date means— 13 December 2000; or for premises for which the commission has fixed a later date under subsection (4)—the date fixed by the commission or an earlier date on which the deferment ceases to operate under subsection (5). - (a) the licensee— (i) applies in writing to the commission before 13 December 2000 for deferment of the relevant date; and (ii) provides the commission with information and materials for which it reasonably asks to help it decide the application; and - (i) applies in writing to the commission before 13 December 2000 for deferment of the relevant date; and - (ii) provides the commission with information and materials for which it reasonably asks to help it decide the application; and - (b) the commission is, after considering the application and any supporting information and materials, satisfied there is good reason to allow a deferment of the date for the licensed premises. Example of good reasons to allow a deferment— The commission might consider the fact that licensed premises are under construction and the construction work is substantially complete or has been delayed for reasons outside the licensee’s control are good reasons for deferment of the relevant date. - (i) applies in writing to the commission before 13 December 2000 for deferment of the relevant date; and - (ii) provides the commission with information and materials for which it reasonably asks to help it decide the application; and - (a) 13 December 2000; or - (b) for premises for which the commission has fixed a later date under subsection (4)—the date fixed by the commission or an earlier date on which the deferment ceases to operate under subsection (5).