sec.58Decision on application for gaming machine licence

### sec.58 Decision on application for gaming machine licence The commissioner may decide to grant, or refuse to grant, a gaming machine licence. In making the decision, the commissioner must have regard to— any supporting material for the application; and any relevant community comments on the application; and any representations made on the application in response to an invitation under section 55F ; and the matters the commissioner had regard to in considering the application under section 57 . For an application mentioned in section 56A , the commissioner must not allow the transfer of a number of operating authorities that is more than the number of gaming machines the commissioner considers appropriate for the premises to which the application relates. The commissioner may refuse to grant a gaming machine licence if the applicant, or an associate of the applicant, without a reasonable excuse, fails to comply with a requirement of the commissioner under section 57 (2) (b) . The commissioner must refuse to grant a gaming machine licence if— for an application by an individual— the applicant is not 18 years; or the applicant’s fingerprints have not been taken under section 57 (4) because of the applicant’s failure to agree to the action being taken; or for an application by a body corporate—the secretary or an executive officer of the body corporate is not 18 years; or the commissioner considers the installation and use of gaming machines on the subject premises is likely to affect adversely— the nature or character of the premises; or the general use of the premises or the enjoyment of persons using the premises; or the public interest; or the applicant fails to comply with a request of the commissioner under section 57 (6) (c) without a reasonable excuse. For an application by a club, the commissioner must refuse to grant a gaming machine licence if the commissioner considers— that the club, including a voluntary association of persons from which it was formed— has not been operating for at least 2 years before the application was made; or has not, during the entire period, been pursuing its objects or purposes in good faith; or that payments for the rental or lease of the club’s licensed premises are unreasonable; or if a lease, agreement or arrangement made by the club provides that a person or voluntary association of persons is entitled to receive, or may receive, a payment, benefit or advantage during, or at the end of, the lease, agreement or arrangement—that the provision is unreasonable; or if the election of all or any of the members of the club’s management committee or board is or may be decided, or controlled or influenced in a significant way or to a significant degree, by persons who are not voting members of the club or by only some voting members of the club—that this is not in the best interests of the club or its members; or if the voting members of the club, taken as a group, do not, for any reason, have complete and sole control over the election of all members of the club’s management committee or board—that this is not in the best interests of the club or its members; or if the voting members of the club do not have an equal right to elect persons, and to nominate or otherwise choose persons for election, to the club’s management committee or board—that this is not in the best interests of the club or its members; or if the club does not own its licensed premises and an executive officer or employee of the club is also the club’s lessor, or an associate of the club’s lessor—that this is not in the best interests of the club or its members; or if an executive officer or employee of the club is a creditor, or an associate of a creditor, of the club—that this is not in the best interests of the club or its members; or if the club’s management committee or board does not, for any reason, have complete and sole control over the club’s business or operations, or a significant aspect of the club’s business or operations—that this is not in the best interests of the club or its members; or that the club is being, or may be, used as a device for individual gain or commercial gain by a person other than the club; or that the grant of the licence would not be in the public interest. Despite subsection (6) (a) , the commissioner may grant a gaming machine licence to a club if the commissioner considers the grant— is reasonable because of the club’s contractual commitments made in pursuing its objects or purposes; and is necessary to meet the reasonable gaming requirements of the club’s members; and is in the public interest. For subsection (6) (j) , a club is not taken to be used as a device for individual or commercial gain merely because it enters into an agreement or arrangement with a person for the supply of goods or services by the person to the club, if the agreement or arrangement— is entered into on reasonable terms; and is in the best interests of the club and its members. If the commissioner grants a gaming machine licence, the gaming machine areas for the premises to which the licence relates are the locations on the premises shown on— the plan of the premises that accompanied the application for the licence; or the plan mentioned in paragraph (a) , as amended and resubmitted, or as last amended and resubmitted, under section 57 (6) . If, for an application by an individual, the commissioner refuses to grant a gaming machine licence, the commissioner must have any fingerprints of the applicant taken for the application destroyed as soon as practicable. If the commissioner grants a gaming machine licence, the commissioner must immediately give written notice of the decision to the applicant. For an application of significant community impact, see also section 55FA for other entities that must be given notice of a decision on the application. If the commissioner decides to impose, under section 73 (1) (b) , a condition on the licence, the commissioner must immediately give the applicant an information notice for the decision. If the commissioner refuses to grant a gaming machine licence, the commissioner must immediately give the applicant an information notice for the decision. For an application of significant community impact, see also section 55FA for other entities that must be given notice of a decision on the application. In this section— election , of a member of a club’s management committee or board, includes a matter relating to the election of a member, including, for example, the nomination of a person for election as a member. s 58 ins 1999 No. 8 s 13 amd 1999 No. 77 s 24 ; 2000 No. 51 s 30 ; 2002 No. 43 s 41 sub 2012 No. 25 s 56 amd 2021 No. 7 s 14 (sec.58-ssec.1) The commissioner may decide to grant, or refuse to grant, a gaming machine licence. (sec.58-ssec.2) In making the decision, the commissioner must have regard to— any supporting material for the application; and any relevant community comments on the application; and any representations made on the application in response to an invitation under section 55F ; and the matters the commissioner had regard to in considering the application under section 57 . (sec.58-ssec.3) For an application mentioned in section 56A , the commissioner must not allow the transfer of a number of operating authorities that is more than the number of gaming machines the commissioner considers appropriate for the premises to which the application relates. (sec.58-ssec.4) The commissioner may refuse to grant a gaming machine licence if the applicant, or an associate of the applicant, without a reasonable excuse, fails to comply with a requirement of the commissioner under section 57 (2) (b) . (sec.58-ssec.5) The commissioner must refuse to grant a gaming machine licence if— for an application by an individual— the applicant is not 18 years; or the applicant’s fingerprints have not been taken under section 57 (4) because of the applicant’s failure to agree to the action being taken; or for an application by a body corporate—the secretary or an executive officer of the body corporate is not 18 years; or the commissioner considers the installation and use of gaming machines on the subject premises is likely to affect adversely— the nature or character of the premises; or the general use of the premises or the enjoyment of persons using the premises; or the public interest; or the applicant fails to comply with a request of the commissioner under section 57 (6) (c) without a reasonable excuse. (sec.58-ssec.6) For an application by a club, the commissioner must refuse to grant a gaming machine licence if the commissioner considers— that the club, including a voluntary association of persons from which it was formed— has not been operating for at least 2 years before the application was made; or has not, during the entire period, been pursuing its objects or purposes in good faith; or that payments for the rental or lease of the club’s licensed premises are unreasonable; or if a lease, agreement or arrangement made by the club provides that a person or voluntary association of persons is entitled to receive, or may receive, a payment, benefit or advantage during, or at the end of, the lease, agreement or arrangement—that the provision is unreasonable; or if the election of all or any of the members of the club’s management committee or board is or may be decided, or controlled or influenced in a significant way or to a significant degree, by persons who are not voting members of the club or by only some voting members of the club—that this is not in the best interests of the club or its members; or if the voting members of the club, taken as a group, do not, for any reason, have complete and sole control over the election of all members of the club’s management committee or board—that this is not in the best interests of the club or its members; or if the voting members of the club do not have an equal right to elect persons, and to nominate or otherwise choose persons for election, to the club’s management committee or board—that this is not in the best interests of the club or its members; or if the club does not own its licensed premises and an executive officer or employee of the club is also the club’s lessor, or an associate of the club’s lessor—that this is not in the best interests of the club or its members; or if an executive officer or employee of the club is a creditor, or an associate of a creditor, of the club—that this is not in the best interests of the club or its members; or if the club’s management committee or board does not, for any reason, have complete and sole control over the club’s business or operations, or a significant aspect of the club’s business or operations—that this is not in the best interests of the club or its members; or that the club is being, or may be, used as a device for individual gain or commercial gain by a person other than the club; or that the grant of the licence would not be in the public interest. (sec.58-ssec.7) Despite subsection (6) (a) , the commissioner may grant a gaming machine licence to a club if the commissioner considers the grant— is reasonable because of the club’s contractual commitments made in pursuing its objects or purposes; and is necessary to meet the reasonable gaming requirements of the club’s members; and is in the public interest. (sec.58-ssec.8) For subsection (6) (j) , a club is not taken to be used as a device for individual or commercial gain merely because it enters into an agreement or arrangement with a person for the supply of goods or services by the person to the club, if the agreement or arrangement— is entered into on reasonable terms; and is in the best interests of the club and its members. (sec.58-ssec.9) If the commissioner grants a gaming machine licence, the gaming machine areas for the premises to which the licence relates are the locations on the premises shown on— the plan of the premises that accompanied the application for the licence; or the plan mentioned in paragraph (a) , as amended and resubmitted, or as last amended and resubmitted, under section 57 (6) . (sec.58-ssec.10) If, for an application by an individual, the commissioner refuses to grant a gaming machine licence, the commissioner must have any fingerprints of the applicant taken for the application destroyed as soon as practicable. (sec.58-ssec.11) If the commissioner grants a gaming machine licence, the commissioner must immediately give written notice of the decision to the applicant. For an application of significant community impact, see also section 55FA for other entities that must be given notice of a decision on the application. (sec.58-ssec.12) If the commissioner decides to impose, under section 73 (1) (b) , a condition on the licence, the commissioner must immediately give the applicant an information notice for the decision. (sec.58-ssec.13) If the commissioner refuses to grant a gaming machine licence, the commissioner must immediately give the applicant an information notice for the decision. For an application of significant community impact, see also section 55FA for other entities that must be given notice of a decision on the application. (sec.58-ssec.14) In this section— election , of a member of a club’s management committee or board, includes a matter relating to the election of a member, including, for example, the nomination of a person for election as a member. - (a) any supporting material for the application; and - (b) any relevant community comments on the application; and - (c) any representations made on the application in response to an invitation under section 55F ; and - (d) the matters the commissioner had regard to in considering the application under section 57 . - (a) for an application by an individual— (i) the applicant is not 18 years; or (ii) the applicant’s fingerprints have not been taken under section 57 (4) because of the applicant’s failure to agree to the action being taken; or - (i) the applicant is not 18 years; or - (ii) the applicant’s fingerprints have not been taken under section 57 (4) because of the applicant’s failure to agree to the action being taken; or - (b) for an application by a body corporate—the secretary or an executive officer of the body corporate is not 18 years; or - (c) the commissioner considers the installation and use of gaming machines on the subject premises is likely to affect adversely— (i) the nature or character of the premises; or (ii) the general use of the premises or the enjoyment of persons using the premises; or (iii) the public interest; or - (i) the nature or character of the premises; or - (ii) the general use of the premises or the enjoyment of persons using the premises; or - (iii) the public interest; or - (d) the applicant fails to comply with a request of the commissioner under section 57 (6) (c) without a reasonable excuse. - (i) the applicant is not 18 years; or - (ii) the applicant’s fingerprints have not been taken under section 57 (4) because of the applicant’s failure to agree to the action being taken; or - (i) the nature or character of the premises; or - (ii) the general use of the premises or the enjoyment of persons using the premises; or - (iii) the public interest; or - (a) that the club, including a voluntary association of persons from which it was formed— (i) has not been operating for at least 2 years before the application was made; or (ii) has not, during the entire period, been pursuing its objects or purposes in good faith; or - (i) has not been operating for at least 2 years before the application was made; or - (ii) has not, during the entire period, been pursuing its objects or purposes in good faith; or - (b) that payments for the rental or lease of the club’s licensed premises are unreasonable; or - (c) if a lease, agreement or arrangement made by the club provides that a person or voluntary association of persons is entitled to receive, or may receive, a payment, benefit or advantage during, or at the end of, the lease, agreement or arrangement—that the provision is unreasonable; or - (d) if the election of all or any of the members of the club’s management committee or board is or may be decided, or controlled or influenced in a significant way or to a significant degree, by persons who are not voting members of the club or by only some voting members of the club—that this is not in the best interests of the club or its members; or - (e) if the voting members of the club, taken as a group, do not, for any reason, have complete and sole control over the election of all members of the club’s management committee or board—that this is not in the best interests of the club or its members; or - (f) if the voting members of the club do not have an equal right to elect persons, and to nominate or otherwise choose persons for election, to the club’s management committee or board—that this is not in the best interests of the club or its members; or - (g) if the club does not own its licensed premises and an executive officer or employee of the club is also the club’s lessor, or an associate of the club’s lessor—that this is not in the best interests of the club or its members; or - (h) if an executive officer or employee of the club is a creditor, or an associate of a creditor, of the club—that this is not in the best interests of the club or its members; or - (i) if the club’s management committee or board does not, for any reason, have complete and sole control over the club’s business or operations, or a significant aspect of the club’s business or operations—that this is not in the best interests of the club or its members; or - (j) that the club is being, or may be, used as a device for individual gain or commercial gain by a person other than the club; or - (k) that the grant of the licence would not be in the public interest. - (i) has not been operating for at least 2 years before the application was made; or - (ii) has not, during the entire period, been pursuing its objects or purposes in good faith; or - (a) is reasonable because of the club’s contractual commitments made in pursuing its objects or purposes; and - (b) is necessary to meet the reasonable gaming requirements of the club’s members; and - (c) is in the public interest. - (a) is entered into on reasonable terms; and - (b) is in the best interests of the club and its members. - (a) the plan of the premises that accompanied the application for the licence; or - (b) the plan mentioned in paragraph (a) , as amended and resubmitted, or as last amended and resubmitted, under section 57 (6) .