sec.86Proposals to decrease approved number of gaming machines

### sec.86 Proposals to decrease approved number of gaming machines A licensee may apply to have the approved number of gaming machines for licensed premises of the licensee decreased. However, the application may not be made by a category 2 licensee to whom entitlements of other category 2 licensed premises are currently transferred under part 3B , division 3 for use on a temporary basis at the licensed premises mentioned in subsection (1) . Subsection (1C) applies if— an application mentioned in subsection (1) is made by a category 2 licensee; and one or more of the entitlements of the licensed premises are currently transferred under part 3B , division 3 for use on a temporary basis at other category 2 licensed premises. The application may not relate to the gaming machines, the entitlements for which are subject to the transfer mentioned in subsection (1B) (b) . An approved authority may request that the approved number of gaming machines for licensed premises of a licensee be decreased. An inspector may make a report recommending the approved number of gaming machines for a licensee’s licensed premises be decreased— because of a material change affecting the licensee that has happened since the licensee was granted a gaming machine licence; or if, within the period of 6 months immediately before the report, the licensee did not operate, for a continuous period of 3 months, 1 or more gaming machines included in the approved number of gaming machines for the licensed premises other than— a gaming machine stored with the commissioner’s approval as mentioned in section 225 (3) ; or a gaming machine that was not available for gaming because the gaming machine was undergoing alteration, adjustment, maintenance or repair by a licensed repairer acting under this Act. For subsection (3) (b) , the period immediately before a report can not include a period before the commencement of this subsection. Subsection (3) (b) does not apply to a gaming machine for category 2 licensed premises, the entitlement for which is currently transferred under part 3B , division 3 for use on a temporary basis at other category 2 licensed premises. An application by a licensee must be— in the approved form; and given to the commissioner; and accompanied by the gaming machine licence for the licensed premises; and if the licensee intends to relocate the gaming machine areas for licensed premises of the licensee—accompanied by an application under section 91 . A request or report mentioned in subsection (2) or (3) must— be in writing; and be given to the commissioner; and state, by reference to a number, the decrease requested or recommended; and state the approved number of gaming machines for the licensed premises if the decrease were to be approved. For subsection (3) , a change is a material change affecting a licensee if the change is— a general change of conditions in the neighbourhood in which the licensee’s licensed premises are situated; or a change in the licensee’s circumstances; or a change in any of the matters mentioned in section 60 (3) relating to the licensee or licensee’s licensed premises. s 86 amd 1992 No. 35 sch; 1993 No. 63 s 2 sch ; 1994 No. 87 s 3 sch 1 ; 1997 No. 24 s 61 sch sub 1999 No. 8 s 21 amd 2001 No. 50 s 9 ; 2002 No. 43 s 49 ; 2003 No. 41 ss 13 , 3 sch ; 2008 No. 2 s 31 ; 2009 No. 41 s 33 ; 2012 No. 25 s 109 (1) (sec.86-ssec.1) A licensee may apply to have the approved number of gaming machines for licensed premises of the licensee decreased. (sec.86-ssec.1A) However, the application may not be made by a category 2 licensee to whom entitlements of other category 2 licensed premises are currently transferred under part 3B , division 3 for use on a temporary basis at the licensed premises mentioned in subsection (1) . (sec.86-ssec.1B) Subsection (1C) applies if— an application mentioned in subsection (1) is made by a category 2 licensee; and one or more of the entitlements of the licensed premises are currently transferred under part 3B , division 3 for use on a temporary basis at other category 2 licensed premises. (sec.86-ssec.1C) The application may not relate to the gaming machines, the entitlements for which are subject to the transfer mentioned in subsection (1B) (b) . (sec.86-ssec.2) An approved authority may request that the approved number of gaming machines for licensed premises of a licensee be decreased. (sec.86-ssec.3) An inspector may make a report recommending the approved number of gaming machines for a licensee’s licensed premises be decreased— because of a material change affecting the licensee that has happened since the licensee was granted a gaming machine licence; or if, within the period of 6 months immediately before the report, the licensee did not operate, for a continuous period of 3 months, 1 or more gaming machines included in the approved number of gaming machines for the licensed premises other than— a gaming machine stored with the commissioner’s approval as mentioned in section 225 (3) ; or a gaming machine that was not available for gaming because the gaming machine was undergoing alteration, adjustment, maintenance or repair by a licensed repairer acting under this Act. (sec.86-ssec.4) For subsection (3) (b) , the period immediately before a report can not include a period before the commencement of this subsection. (sec.86-ssec.4A) Subsection (3) (b) does not apply to a gaming machine for category 2 licensed premises, the entitlement for which is currently transferred under part 3B , division 3 for use on a temporary basis at other category 2 licensed premises. (sec.86-ssec.5) An application by a licensee must be— in the approved form; and given to the commissioner; and accompanied by the gaming machine licence for the licensed premises; and if the licensee intends to relocate the gaming machine areas for licensed premises of the licensee—accompanied by an application under section 91 . (sec.86-ssec.6) A request or report mentioned in subsection (2) or (3) must— be in writing; and be given to the commissioner; and state, by reference to a number, the decrease requested or recommended; and state the approved number of gaming machines for the licensed premises if the decrease were to be approved. (sec.86-ssec.7) For subsection (3) , a change is a material change affecting a licensee if the change is— a general change of conditions in the neighbourhood in which the licensee’s licensed premises are situated; or a change in the licensee’s circumstances; or a change in any of the matters mentioned in section 60 (3) relating to the licensee or licensee’s licensed premises. - (a) an application mentioned in subsection (1) is made by a category 2 licensee; and - (b) one or more of the entitlements of the licensed premises are currently transferred under part 3B , division 3 for use on a temporary basis at other category 2 licensed premises. - (a) because of a material change affecting the licensee that has happened since the licensee was granted a gaming machine licence; or - (b) if, within the period of 6 months immediately before the report, the licensee did not operate, for a continuous period of 3 months, 1 or more gaming machines included in the approved number of gaming machines for the licensed premises other than— (i) a gaming machine stored with the commissioner’s approval as mentioned in section 225 (3) ; or (ii) a gaming machine that was not available for gaming because the gaming machine was undergoing alteration, adjustment, maintenance or repair by a licensed repairer acting under this Act. - (i) a gaming machine stored with the commissioner’s approval as mentioned in section 225 (3) ; or - (ii) a gaming machine that was not available for gaming because the gaming machine was undergoing alteration, adjustment, maintenance or repair by a licensed repairer acting under this Act. - (i) a gaming machine stored with the commissioner’s approval as mentioned in section 225 (3) ; or - (ii) a gaming machine that was not available for gaming because the gaming machine was undergoing alteration, adjustment, maintenance or repair by a licensed repairer acting under this Act. - (a) in the approved form; and - (b) given to the commissioner; and - (c) accompanied by the gaming machine licence for the licensed premises; and - (d) if the licensee intends to relocate the gaming machine areas for licensed premises of the licensee—accompanied by an application under section 91 . - (a) be in writing; and - (b) be given to the commissioner; and - (c) state, by reference to a number, the decrease requested or recommended; and - (d) state the approved number of gaming machines for the licensed premises if the decrease were to be approved. - (a) a general change of conditions in the neighbourhood in which the licensee’s licensed premises are situated; or - (b) a change in the licensee’s circumstances; or - (c) a change in any of the matters mentioned in section 60 (3) relating to the licensee or licensee’s licensed premises.