sec.56Application for gaming machine licences

### sec.56 Application for gaming machine licences An application for a gaming machine licence may be made only by— a body corporate that holds a community club licence; or the holder of a commercial hotel licence; or the holder of a prescribed liquor licence; or a body corporate that— has applied to become the holder of a commercial hotel licence or a community club licence; or is the proposed transferee in a liquor licence transfer application relating to a community club licence; or an individual who has applied to become the holder of a commercial hotel licence; or the proposed transferee in a liquor licence transfer application relating to a commercial hotel licence or prescribed liquor licence; or a subsidiary operator, other than a subsidiary operator that is a non-proprietary club. Application for a gaming machine licence may be made only in relation to— if the application is made by an applicant mentioned in subsection (1) (a) , (b) or (c) —premises specified in the applicant’s liquor licence; or if the application is made by an applicant mentioned in subsection (1) (d) or (e) —premises specified in the applicant’s application for a liquor licence or the liquor licence transfer application naming the applicant as the proposed transferee; or if the application is made by an applicant mentioned in subsection (1) (f) —category 1 licensed premises specified in the liquor licence transfer application naming the applicant as the proposed transferee; or if the application is made by an applicant mentioned in subsection (1) (g) —the part of commercial special facility premises for which the applicant is a subsidiary operator. An application for a gaming machine licence made by a body corporate that holds, or has applied to become the holder of, a community club licence may relate to 2 or more premises. Except as provided under subsection (3) , an application for a gaming machine licence may only relate to single premises. An application for the grant of a gaming machine licence— must be made in the approved form; and for an application by an individual—must be signed by the applicant; and for an application by a body corporate—must be signed in the appropriate way; and must contain or be accompanied by the information, records, reports, documents and writings relating to the application and applicant as are determined by the commissioner; and must be forwarded to or lodged with the commissioner; and must be accompanied by the fee prescribed. In subsection (2) (d) , a reference to the part of commercial special facility premises for which an applicant for a gaming machine licence mentioned in subsection (1) (g) is a subsidiary operator is a reference to— the part of commercial special facility premises the holder of the commercial special facility licence for the premises has, with the approval of the commissioner under the Liquor Act 1992 , let or sublet to the applicant; or the part of commercial special facility premises in relation to which the holder of the commercial special facility licence for the premises has, with the approval of the commissioner under the Liquor Act 1992 , entered into a franchise or management agreement with the applicant. For subsection (5) (c) , an application for a gaming machine licence made by a body corporate is signed in the appropriate way— if it is signed— by at least 2 of its executive officers authorised to sign by the body corporate; or if there is only 1 executive officer of the body corporate—by the officer; or if the commissioner considers, for a body corporate having at least 2 executive officers, that paragraph (a) can not reasonably be complied with—if it is signed in the way the commissioner considers appropriate. s 56 amd 1992 No. 35 s 6 ; 1993 No. 63 s 2 sch ; 1995 No. 58 s 4 sch 1 ; 1997 No. 24 s 61 sch ; 1998 No. 11 s 6 ; 1999 No. 8 s 12 ; 1999 No. 77 s 22 ; 2000 No. 51 s 28 ; 2001 No. 50 s 6 ; 2003 No 41 s 7 ; 2005 No. 12 s 38 ; 2008 No. 2 s 29 ; 2008 No. 48 s 59 (1) sch ; 2012 No. 25 ss 53 , 109 (1) ; 2013 No. 25 s 49 ; 2013 No. 62 s 8 (sec.56-ssec.1) An application for a gaming machine licence may be made only by— a body corporate that holds a community club licence; or the holder of a commercial hotel licence; or the holder of a prescribed liquor licence; or a body corporate that— has applied to become the holder of a commercial hotel licence or a community club licence; or is the proposed transferee in a liquor licence transfer application relating to a community club licence; or an individual who has applied to become the holder of a commercial hotel licence; or the proposed transferee in a liquor licence transfer application relating to a commercial hotel licence or prescribed liquor licence; or a subsidiary operator, other than a subsidiary operator that is a non-proprietary club. (sec.56-ssec.2) Application for a gaming machine licence may be made only in relation to— if the application is made by an applicant mentioned in subsection (1) (a) , (b) or (c) —premises specified in the applicant’s liquor licence; or if the application is made by an applicant mentioned in subsection (1) (d) or (e) —premises specified in the applicant’s application for a liquor licence or the liquor licence transfer application naming the applicant as the proposed transferee; or if the application is made by an applicant mentioned in subsection (1) (f) —category 1 licensed premises specified in the liquor licence transfer application naming the applicant as the proposed transferee; or if the application is made by an applicant mentioned in subsection (1) (g) —the part of commercial special facility premises for which the applicant is a subsidiary operator. (sec.56-ssec.3) An application for a gaming machine licence made by a body corporate that holds, or has applied to become the holder of, a community club licence may relate to 2 or more premises. (sec.56-ssec.4) Except as provided under subsection (3) , an application for a gaming machine licence may only relate to single premises. (sec.56-ssec.5) An application for the grant of a gaming machine licence— must be made in the approved form; and for an application by an individual—must be signed by the applicant; and for an application by a body corporate—must be signed in the appropriate way; and must contain or be accompanied by the information, records, reports, documents and writings relating to the application and applicant as are determined by the commissioner; and must be forwarded to or lodged with the commissioner; and must be accompanied by the fee prescribed. (sec.56-ssec.6) In subsection (2) (d) , a reference to the part of commercial special facility premises for which an applicant for a gaming machine licence mentioned in subsection (1) (g) is a subsidiary operator is a reference to— the part of commercial special facility premises the holder of the commercial special facility licence for the premises has, with the approval of the commissioner under the Liquor Act 1992 , let or sublet to the applicant; or the part of commercial special facility premises in relation to which the holder of the commercial special facility licence for the premises has, with the approval of the commissioner under the Liquor Act 1992 , entered into a franchise or management agreement with the applicant. (sec.56-ssec.7) For subsection (5) (c) , an application for a gaming machine licence made by a body corporate is signed in the appropriate way— if it is signed— by at least 2 of its executive officers authorised to sign by the body corporate; or if there is only 1 executive officer of the body corporate—by the officer; or if the commissioner considers, for a body corporate having at least 2 executive officers, that paragraph (a) can not reasonably be complied with—if it is signed in the way the commissioner considers appropriate. - (a) a body corporate that holds a community club licence; or - (b) the holder of a commercial hotel licence; or - (c) the holder of a prescribed liquor licence; or - (d) a body corporate that— (i) has applied to become the holder of a commercial hotel licence or a community club licence; or (ii) is the proposed transferee in a liquor licence transfer application relating to a community club licence; or - (i) has applied to become the holder of a commercial hotel licence or a community club licence; or - (ii) is the proposed transferee in a liquor licence transfer application relating to a community club licence; or - (e) an individual who has applied to become the holder of a commercial hotel licence; or - (f) the proposed transferee in a liquor licence transfer application relating to a commercial hotel licence or prescribed liquor licence; or - (g) a subsidiary operator, other than a subsidiary operator that is a non-proprietary club. - (i) has applied to become the holder of a commercial hotel licence or a community club licence; or - (ii) is the proposed transferee in a liquor licence transfer application relating to a community club licence; or - (a) if the application is made by an applicant mentioned in subsection (1) (a) , (b) or (c) —premises specified in the applicant’s liquor licence; or - (b) if the application is made by an applicant mentioned in subsection (1) (d) or (e) —premises specified in the applicant’s application for a liquor licence or the liquor licence transfer application naming the applicant as the proposed transferee; or - (c) if the application is made by an applicant mentioned in subsection (1) (f) —category 1 licensed premises specified in the liquor licence transfer application naming the applicant as the proposed transferee; or - (d) if the application is made by an applicant mentioned in subsection (1) (g) —the part of commercial special facility premises for which the applicant is a subsidiary operator. - (a) must be made in the approved form; and - (b) for an application by an individual—must be signed by the applicant; and - (c) for an application by a body corporate—must be signed in the appropriate way; and - (d) must contain or be accompanied by the information, records, reports, documents and writings relating to the application and applicant as are determined by the commissioner; and - (e) must be forwarded to or lodged with the commissioner; and - (f) must be accompanied by the fee prescribed. - (a) the part of commercial special facility premises the holder of the commercial special facility licence for the premises has, with the approval of the commissioner under the Liquor Act 1992 , let or sublet to the applicant; or - (b) the part of commercial special facility premises in relation to which the holder of the commercial special facility licence for the premises has, with the approval of the commissioner under the Liquor Act 1992 , entered into a franchise or management agreement with the applicant. - (a) if it is signed— (i) by at least 2 of its executive officers authorised to sign by the body corporate; or (ii) if there is only 1 executive officer of the body corporate—by the officer; or - (i) by at least 2 of its executive officers authorised to sign by the body corporate; or - (ii) if there is only 1 executive officer of the body corporate—by the officer; or - (b) if the commissioner considers, for a body corporate having at least 2 executive officers, that paragraph (a) can not reasonably be complied with—if it is signed in the way the commissioner considers appropriate. - (i) by at least 2 of its executive officers authorised to sign by the body corporate; or - (ii) if there is only 1 executive officer of the body corporate—by the officer; or