sec.78Certain applications under Liquor Act 1992 subject to commissioner’s certificate

### sec.78 Certain applications under Liquor Act 1992 subject to commissioner’s certificate Despite anything in the Liquor Act 1992 , if a person makes a liquor licence transfer application relating to a community club licence, commercial hotel licence or prescribed liquor licence, the commissioner may transfer the licence under the Liquor Act 1992 only if the commissioner issues a certificate under subsection (2) . The commissioner may issue the certificate only if— the premises for which the application under the Liquor Act 1992 was made are not licensed premises under this Act; or if the premises for which the application was made are licensed premises under this Act— the commissioner is prepared to grant a gaming machine licence to the applicant; and satisfactory arrangements have been made for payment of any amounts payable by the current licensee under conditions mentioned in section 73 or under part 9 . Subsection (4) applies if— a person— makes a liquor licence transfer application relating to a community club licence, commercial hotel licence or prescribed liquor licence; and applies at the same time for a gaming machine licence for the premises to which the application mentioned in paragraph (a) relates; and the commissioner is prepared to transfer the liquor licence under the Liquor Act 1992 ; and the commissioner is prepared to grant the gaming machine licence. The commissioner must transfer the liquor licence under the Liquor Act 1992 and issue the gaming machine licence at the same time. Subsections (6) and (7) apply if— under subsection (4) , a gaming machine licence (a new licence ) is to be issued at the same time as the transfer of a liquor licence; and an associated gaming licence for the liquor licence is cancelled under section 96 (1) because of the transfer of the liquor licence. All operating authorities or entitlements, if any, for the licensed premises under the cancelled associated gaming machine licence are transferred by operation of this subsection to the holder of the new licence. However, an entitlement for the licensed premises under the cancelled associated gaming licence that must, under section 87 (9) , be transferred on a permanent basis under part 3B , division 2 — is not transferred by operation of subsection (6) to the holder of the new licence; and becomes an entitlement of the State. In subsection (6) — operating authority , for the licensed premises under the cancelled associated gaming machine licence, does not include an operating authority that must be sold at an authorised sale. s 78 sub 1992 No. 35 s 7 ; 1993 No. 63 s 2 sch ; 1997 No. 24 s 61 sch amd 2001 No. 50 s 7 ; 2003 No. 41 s 10 ; 2008 No. 48 s 59 (1) sch ; 2009 No. 41 s 29 ; 2012 No. 25 ss 61 , 109 (1) , 110 (sec.78-ssec.1) Despite anything in the Liquor Act 1992 , if a person makes a liquor licence transfer application relating to a community club licence, commercial hotel licence or prescribed liquor licence, the commissioner may transfer the licence under the Liquor Act 1992 only if the commissioner issues a certificate under subsection (2) . (sec.78-ssec.2) The commissioner may issue the certificate only if— the premises for which the application under the Liquor Act 1992 was made are not licensed premises under this Act; or if the premises for which the application was made are licensed premises under this Act— the commissioner is prepared to grant a gaming machine licence to the applicant; and satisfactory arrangements have been made for payment of any amounts payable by the current licensee under conditions mentioned in section 73 or under part 9 . (sec.78-ssec.3) Subsection (4) applies if— a person— makes a liquor licence transfer application relating to a community club licence, commercial hotel licence or prescribed liquor licence; and applies at the same time for a gaming machine licence for the premises to which the application mentioned in paragraph (a) relates; and the commissioner is prepared to transfer the liquor licence under the Liquor Act 1992 ; and the commissioner is prepared to grant the gaming machine licence. (sec.78-ssec.4) The commissioner must transfer the liquor licence under the Liquor Act 1992 and issue the gaming machine licence at the same time. (sec.78-ssec.5) Subsections (6) and (7) apply if— under subsection (4) , a gaming machine licence (a new licence ) is to be issued at the same time as the transfer of a liquor licence; and an associated gaming licence for the liquor licence is cancelled under section 96 (1) because of the transfer of the liquor licence. (sec.78-ssec.6) All operating authorities or entitlements, if any, for the licensed premises under the cancelled associated gaming machine licence are transferred by operation of this subsection to the holder of the new licence. (sec.78-ssec.7) However, an entitlement for the licensed premises under the cancelled associated gaming licence that must, under section 87 (9) , be transferred on a permanent basis under part 3B , division 2 — is not transferred by operation of subsection (6) to the holder of the new licence; and becomes an entitlement of the State. (sec.78-ssec.8) In subsection (6) — operating authority , for the licensed premises under the cancelled associated gaming machine licence, does not include an operating authority that must be sold at an authorised sale. - (a) the premises for which the application under the Liquor Act 1992 was made are not licensed premises under this Act; or - (b) if the premises for which the application was made are licensed premises under this Act— (i) the commissioner is prepared to grant a gaming machine licence to the applicant; and (ii) satisfactory arrangements have been made for payment of any amounts payable by the current licensee under conditions mentioned in section 73 or under part 9 . - (i) the commissioner is prepared to grant a gaming machine licence to the applicant; and - (ii) satisfactory arrangements have been made for payment of any amounts payable by the current licensee under conditions mentioned in section 73 or under part 9 . - (i) the commissioner is prepared to grant a gaming machine licence to the applicant; and - (ii) satisfactory arrangements have been made for payment of any amounts payable by the current licensee under conditions mentioned in section 73 or under part 9 . - (a) a person— (i) makes a liquor licence transfer application relating to a community club licence, commercial hotel licence or prescribed liquor licence; and (ii) applies at the same time for a gaming machine licence for the premises to which the application mentioned in paragraph (a) relates; and - (i) makes a liquor licence transfer application relating to a community club licence, commercial hotel licence or prescribed liquor licence; and - (ii) applies at the same time for a gaming machine licence for the premises to which the application mentioned in paragraph (a) relates; and - (b) the commissioner is prepared to transfer the liquor licence under the Liquor Act 1992 ; and - (c) the commissioner is prepared to grant the gaming machine licence. - (i) makes a liquor licence transfer application relating to a community club licence, commercial hotel licence or prescribed liquor licence; and - (ii) applies at the same time for a gaming machine licence for the premises to which the application mentioned in paragraph (a) relates; and - (a) under subsection (4) , a gaming machine licence (a new licence ) is to be issued at the same time as the transfer of a liquor licence; and - (b) an associated gaming licence for the liquor licence is cancelled under section 96 (1) because of the transfer of the liquor licence. - (a) is not transferred by operation of subsection (6) to the holder of the new licence; and - (b) becomes an entitlement of the State.