sec.57Consideration of application for gaming machine licence

### sec.57 Consideration of application for gaming machine licence The commissioner must consider an application for a gaming machine licence received by the commissioner before granting, or refusing to grant, a gaming machine licence. In considering the application, the commissioner— must conduct investigations the commissioner considers are necessary and reasonable to help the commissioner consider the application; and may, by written notice given to the applicant or an associate of the applicant, require the applicant or associate, within a reasonable time stated in the notice, to give the commissioner further information or a document that is necessary and reasonable to help the commissioner consider the application. Also, in considering the application, the commissioner must assess— the suitability of the premises to which the application relates (the subject premises ) for the installation and use of gaming machines, having regard to the size and layout of, and facilities on, the premises; and if the applicant is an individual—the financial stability, general reputation and character of the applicant; and if the applicant is a body corporate— the financial stability and business reputation of the body corporate; and the general reputation and character of the secretary and each executive officer of the body corporate; and the suitability of the applicant to be a licensee; and if a person is stated in an affidavit under section 92 as being a person who satisfies a description mentioned in section 92 (4) (a) or (b) —the suitability of the person to be an associate of the applicant; and if the commissioner considers it appropriate—the suitability of any other associate of the applicant to be an associate of the applicant; and for an application mentioned in section 56A —whether the commissioner is satisfied there are exceptional circumstances for transferring the operating authorities mentioned in section 56A (1) (b) (iii) to the premises to which the application relates; and for an application mentioned in section 56B (1) —whether the commissioner is satisfied there are exceptional circumstances for transferring the entitlements mentioned in section 56B (1) (b) (iii) to the premises to which the application relates; and for an application mentioned in section 56B (2) —whether the commissioner is satisfied there are exceptional circumstances for transferring the entitlements mentioned in section 56B (2) (b) (iv) to the new premises mentioned in that subparagraph. For an application by an individual, the commissioner may, with the applicant’s agreement, cause the applicant’s fingerprints to be taken. Despite subsection (1) , if the applicant is an individual, the commissioner is required to consider the application only if the applicant, if asked, agrees to having the applicant’s fingerprints taken. If the commissioner considers a proposed location for the installation of gaming machines (as shown on the plan of the subject premises accompanying the application, or that plan as amended and resubmitted, or as last amended and resubmitted, under this subsection) is unsuitable, the commissioner must— by written notice, advise the applicant accordingly; and return the plan to the applicant; and ask the applicant to amend, or further amend, and resubmit the plan within the time stated in the notice. s 57 amd 1992 No. 35 sch; 1993 No. 63 ss 6 , 2 sch ; 1994 No. 87 s 3 sch 1 ; 1997 No. 24 s 61 sch sub 1999 No. 8 s 13 amd 1999 No. 77 s 23 ; 2000 No. 51 s 29 ; 2002 No. 43 s 40 ; 2003 No. 41 s 7 ; 2007 No. 42 s 34 ; 2009 No. 41 s 24 sub 2012 No. 25 s 56 (sec.57-ssec.1) The commissioner must consider an application for a gaming machine licence received by the commissioner before granting, or refusing to grant, a gaming machine licence. (sec.57-ssec.2) In considering the application, the commissioner— must conduct investigations the commissioner considers are necessary and reasonable to help the commissioner consider the application; and may, by written notice given to the applicant or an associate of the applicant, require the applicant or associate, within a reasonable time stated in the notice, to give the commissioner further information or a document that is necessary and reasonable to help the commissioner consider the application. (sec.57-ssec.3) Also, in considering the application, the commissioner must assess— the suitability of the premises to which the application relates (the subject premises ) for the installation and use of gaming machines, having regard to the size and layout of, and facilities on, the premises; and if the applicant is an individual—the financial stability, general reputation and character of the applicant; and if the applicant is a body corporate— the financial stability and business reputation of the body corporate; and the general reputation and character of the secretary and each executive officer of the body corporate; and the suitability of the applicant to be a licensee; and if a person is stated in an affidavit under section 92 as being a person who satisfies a description mentioned in section 92 (4) (a) or (b) —the suitability of the person to be an associate of the applicant; and if the commissioner considers it appropriate—the suitability of any other associate of the applicant to be an associate of the applicant; and for an application mentioned in section 56A —whether the commissioner is satisfied there are exceptional circumstances for transferring the operating authorities mentioned in section 56A (1) (b) (iii) to the premises to which the application relates; and for an application mentioned in section 56B (1) —whether the commissioner is satisfied there are exceptional circumstances for transferring the entitlements mentioned in section 56B (1) (b) (iii) to the premises to which the application relates; and for an application mentioned in section 56B (2) —whether the commissioner is satisfied there are exceptional circumstances for transferring the entitlements mentioned in section 56B (2) (b) (iv) to the new premises mentioned in that subparagraph. (sec.57-ssec.4) For an application by an individual, the commissioner may, with the applicant’s agreement, cause the applicant’s fingerprints to be taken. (sec.57-ssec.5) Despite subsection (1) , if the applicant is an individual, the commissioner is required to consider the application only if the applicant, if asked, agrees to having the applicant’s fingerprints taken. (sec.57-ssec.6) If the commissioner considers a proposed location for the installation of gaming machines (as shown on the plan of the subject premises accompanying the application, or that plan as amended and resubmitted, or as last amended and resubmitted, under this subsection) is unsuitable, the commissioner must— by written notice, advise the applicant accordingly; and return the plan to the applicant; and ask the applicant to amend, or further amend, and resubmit the plan within the time stated in the notice. - (a) must conduct investigations the commissioner considers are necessary and reasonable to help the commissioner consider the application; and - (b) may, by written notice given to the applicant or an associate of the applicant, require the applicant or associate, within a reasonable time stated in the notice, to give the commissioner further information or a document that is necessary and reasonable to help the commissioner consider the application. - (a) the suitability of the premises to which the application relates (the subject premises ) for the installation and use of gaming machines, having regard to the size and layout of, and facilities on, the premises; and - (b) if the applicant is an individual—the financial stability, general reputation and character of the applicant; and - (c) if the applicant is a body corporate— (i) the financial stability and business reputation of the body corporate; and (ii) the general reputation and character of the secretary and each executive officer of the body corporate; and - (i) the financial stability and business reputation of the body corporate; and - (ii) the general reputation and character of the secretary and each executive officer of the body corporate; and - (d) the suitability of the applicant to be a licensee; and - (e) if a person is stated in an affidavit under section 92 as being a person who satisfies a description mentioned in section 92 (4) (a) or (b) —the suitability of the person to be an associate of the applicant; and - (f) if the commissioner considers it appropriate—the suitability of any other associate of the applicant to be an associate of the applicant; and - (g) for an application mentioned in section 56A —whether the commissioner is satisfied there are exceptional circumstances for transferring the operating authorities mentioned in section 56A (1) (b) (iii) to the premises to which the application relates; and - (h) for an application mentioned in section 56B (1) —whether the commissioner is satisfied there are exceptional circumstances for transferring the entitlements mentioned in section 56B (1) (b) (iii) to the premises to which the application relates; and - (i) for an application mentioned in section 56B (2) —whether the commissioner is satisfied there are exceptional circumstances for transferring the entitlements mentioned in section 56B (2) (b) (iv) to the new premises mentioned in that subparagraph. - (i) the financial stability and business reputation of the body corporate; and - (ii) the general reputation and character of the secretary and each executive officer of the body corporate; and - (a) by written notice, advise the applicant accordingly; and - (b) return the plan to the applicant; and - (c) ask the applicant to amend, or further amend, and resubmit the plan within the time stated in the notice.