sec.399Transitional provision for applications relating to gaming machine licences

### sec.399 Transitional provision for applications relating to gaming machine licences This section applies to each of the following applications (each of which is a relevant application )— an application under section 56 for proposed Liquor Act premises or for Liquor Act premises, that is received by the chief executive before midday on 8 May 2001; an application under section 81 made by a category 1 licensee, that is received by the chief executive before midday on 8 May 2001; an application under section 56, that is received by the chief executive at or after midday on 8 May 2001 and before or at 5p.m. on 29 June 2001, if— the applicant had applied under the Liquor Act 1992 for a general liquor licence and the application for the general liquor licence was received by the liquor licensing authority before midday on 8 May 2001; and at midday on 8 May 2001, the liquor licensing authority had not finished dealing with the application by issuing a general liquor licence for the premises. Subsection (3) applies to a relevant application if— it is a relevant application mentioned in subsection (1)(a) that was made by a subsidiary operator relating to special facility premises; and the applicant altered the relevant application before 5p.m. on 29 June 2001; and the alteration changed the premises stated in the relevant application to other premises; and when the alteration was made, the chief executive was satisfied, on reasonable grounds, that the other premises were, or would be, relevant to a special facility liquor licence and the applicant would be the subsidiary operator of the other premises. The alteration to the relevant application is authorised to the extent it changed the premises, and the application continues to be a relevant application despite that alteration. Subject to subsection (5), subsection (3) does not limit the way in which an application for a gaming machine licence may be dealt with under this Act. A relevant application must not have been amended, and may not be amended, to increase the number of gaming machines stated in the relevant application. If the commission has not made a decision about a relevant application by 31 December 2001, the relevant application lapses at the end of that day unless the commission fixes a date under subsection (7) for it to lapse. Before 31 December 2001, the commission may fix a date after 31 December 2001 as the date for a relevant application to lapse if— the chief executive receives an application for deferment of the lapsing of the relevant application before or at 5p.m. on 30 November 2001; and the commission is, after considering the application for deferment, satisfied there are exceptional circumstances for a deferment of the lapsing of the relevant application; and the date fixed is no later than 30 June 2002. If the commission fixes a date under subsection (7) as the date for a relevant application to lapse and the commission has not made a decision about the relevant application immediately before the end of that day, the relevant application lapses at the end of that day. An applicant for deferment must include as part of the application all supporting information and material the applicant considers relevant to establish the exceptional circumstances for the deferment. In this section— Liquor Act premises means premises specified in a general liquor licence, on-premises licence or a special facility licence under the Liquor Act 1992 as licensed premises under that Act. proposed Liquor Act premises means premises in relation to which there is an application to the liquor licensing authority for a general liquor licence, on-premises licence or special facility licence and for which a licence has not been issued under the Liquor Act 1992 . s 399 ins 2001 No. 50 s 17 (sec.399-ssec.1) This section applies to each of the following applications (each of which is a relevant application )— an application under section 56 for proposed Liquor Act premises or for Liquor Act premises, that is received by the chief executive before midday on 8 May 2001; an application under section 81 made by a category 1 licensee, that is received by the chief executive before midday on 8 May 2001; an application under section 56, that is received by the chief executive at or after midday on 8 May 2001 and before or at 5p.m. on 29 June 2001, if— the applicant had applied under the Liquor Act 1992 for a general liquor licence and the application for the general liquor licence was received by the liquor licensing authority before midday on 8 May 2001; and at midday on 8 May 2001, the liquor licensing authority had not finished dealing with the application by issuing a general liquor licence for the premises. (sec.399-ssec.2) Subsection (3) applies to a relevant application if— it is a relevant application mentioned in subsection (1)(a) that was made by a subsidiary operator relating to special facility premises; and the applicant altered the relevant application before 5p.m. on 29 June 2001; and the alteration changed the premises stated in the relevant application to other premises; and when the alteration was made, the chief executive was satisfied, on reasonable grounds, that the other premises were, or would be, relevant to a special facility liquor licence and the applicant would be the subsidiary operator of the other premises. (sec.399-ssec.3) The alteration to the relevant application is authorised to the extent it changed the premises, and the application continues to be a relevant application despite that alteration. (sec.399-ssec.4) Subject to subsection (5), subsection (3) does not limit the way in which an application for a gaming machine licence may be dealt with under this Act. (sec.399-ssec.5) A relevant application must not have been amended, and may not be amended, to increase the number of gaming machines stated in the relevant application. (sec.399-ssec.6) If the commission has not made a decision about a relevant application by 31 December 2001, the relevant application lapses at the end of that day unless the commission fixes a date under subsection (7) for it to lapse. (sec.399-ssec.7) Before 31 December 2001, the commission may fix a date after 31 December 2001 as the date for a relevant application to lapse if— the chief executive receives an application for deferment of the lapsing of the relevant application before or at 5p.m. on 30 November 2001; and the commission is, after considering the application for deferment, satisfied there are exceptional circumstances for a deferment of the lapsing of the relevant application; and the date fixed is no later than 30 June 2002. (sec.399-ssec.8) If the commission fixes a date under subsection (7) as the date for a relevant application to lapse and the commission has not made a decision about the relevant application immediately before the end of that day, the relevant application lapses at the end of that day. (sec.399-ssec.9) An applicant for deferment must include as part of the application all supporting information and material the applicant considers relevant to establish the exceptional circumstances for the deferment. (sec.399-ssec.10) In this section— Liquor Act premises means premises specified in a general liquor licence, on-premises licence or a special facility licence under the Liquor Act 1992 as licensed premises under that Act. proposed Liquor Act premises means premises in relation to which there is an application to the liquor licensing authority for a general liquor licence, on-premises licence or special facility licence and for which a licence has not been issued under the Liquor Act 1992 . - (a) an application under section 56 for proposed Liquor Act premises or for Liquor Act premises, that is received by the chief executive before midday on 8 May 2001; - (b) an application under section 81 made by a category 1 licensee, that is received by the chief executive before midday on 8 May 2001; - (c) an application under section 56, that is received by the chief executive at or after midday on 8 May 2001 and before or at 5p.m. on 29 June 2001, if— (i) the applicant had applied under the Liquor Act 1992 for a general liquor licence and the application for the general liquor licence was received by the liquor licensing authority before midday on 8 May 2001; and (ii) at midday on 8 May 2001, the liquor licensing authority had not finished dealing with the application by issuing a general liquor licence for the premises. - (i) the applicant had applied under the Liquor Act 1992 for a general liquor licence and the application for the general liquor licence was received by the liquor licensing authority before midday on 8 May 2001; and - (ii) at midday on 8 May 2001, the liquor licensing authority had not finished dealing with the application by issuing a general liquor licence for the premises. - (i) the applicant had applied under the Liquor Act 1992 for a general liquor licence and the application for the general liquor licence was received by the liquor licensing authority before midday on 8 May 2001; and - (ii) at midday on 8 May 2001, the liquor licensing authority had not finished dealing with the application by issuing a general liquor licence for the premises. - (a) it is a relevant application mentioned in subsection (1)(a) that was made by a subsidiary operator relating to special facility premises; and - (b) the applicant altered the relevant application before 5p.m. on 29 June 2001; and - (c) the alteration changed the premises stated in the relevant application to other premises; and - (d) when the alteration was made, the chief executive was satisfied, on reasonable grounds, that the other premises were, or would be, relevant to a special facility liquor licence and the applicant would be the subsidiary operator of the other premises. - (a) the chief executive receives an application for deferment of the lapsing of the relevant application before or at 5p.m. on 30 November 2001; and - (b) the commission is, after considering the application for deferment, satisfied there are exceptional circumstances for a deferment of the lapsing of the relevant application; and - (c) the date fixed is no later than 30 June 2002.