sec.83Decision on increase application (gaming machines)

### sec.83 Decision on increase application (gaming machines) The commissioner may, in relation to an increase application (gaming machines)— approve, by a stated number, an increase in the approved number of gaming machines for the licensed premises of the licensee; or refuse to approve an increase in the approved number. In making the decision, the commissioner must have regard to the matters the commissioner had regard to in considering the increase application under section 82 . The commissioner must refuse to approve an increase if— the application relates to category 2 licensed premises; and any of the endorsed number of entitlements for the licensed premises are, at the time the application is made, transferred under part 3B , division 3 for use on a temporary basis at other category 2 licensed premises. The commissioner may refuse to approve an increase if the applicant, without a reasonable excuse, fails to comply with a requirement of the commissioner under section 82 (2) . If the commissioner approves an increase that is equal to the increase sought in the application, the commissioner must immediately give written notice of the decision to the licensee. 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 refuses to approve an increase, or approves an increase that is less than the increase sought in the application, the commissioner must immediately give the licensee 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. If the approved number of gaming machines for licensed premises has been fixed (or increased or decreased) within the last 12 months, the commissioner may only approve an increase in the approved number of gaming machines if there are exceptional reasons for the increase. s 83 ins 1999 No. 8 s 21 amd 2000 No. 51 s 40 ; 2009 No. 41 s 32 sub 2012 No. 25 s 64 amd 2021 No. 7 s 16 (sec.83-ssec.1) The commissioner may, in relation to an increase application (gaming machines)— approve, by a stated number, an increase in the approved number of gaming machines for the licensed premises of the licensee; or refuse to approve an increase in the approved number. (sec.83-ssec.2) In making the decision, the commissioner must have regard to the matters the commissioner had regard to in considering the increase application under section 82 . (sec.83-ssec.3) The commissioner must refuse to approve an increase if— the application relates to category 2 licensed premises; and any of the endorsed number of entitlements for the licensed premises are, at the time the application is made, transferred under part 3B , division 3 for use on a temporary basis at other category 2 licensed premises. (sec.83-ssec.4) The commissioner may refuse to approve an increase if the applicant, without a reasonable excuse, fails to comply with a requirement of the commissioner under section 82 (2) . (sec.83-ssec.5) If the commissioner approves an increase that is equal to the increase sought in the application, the commissioner must immediately give written notice of the decision to the licensee. 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.83-ssec.6) If the commissioner refuses to approve an increase, or approves an increase that is less than the increase sought in the application, the commissioner must immediately give the licensee 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.83-ssec.7) If the approved number of gaming machines for licensed premises has been fixed (or increased or decreased) within the last 12 months, the commissioner may only approve an increase in the approved number of gaming machines if there are exceptional reasons for the increase. - (a) approve, by a stated number, an increase in the approved number of gaming machines for the licensed premises of the licensee; or - (b) refuse to approve an increase in the approved number. - (a) the application relates to category 2 licensed premises; and - (b) any of the endorsed number of entitlements for the licensed premises are, at the time the application is made, transferred under part 3B , division 3 for use on a temporary basis at other category 2 licensed premises.