sec.87Decision on decrease proposal

### sec.87 Decision on decrease proposal The commissioner must consider a decrease proposal received by the commissioner and either— approve, by a stated number, a decrease in the approved number of gaming machines for the licensed premises of the licensee; or refuse to approve a decrease in the approved number. The commissioner may approve a decrease that is less than the decrease sought in a decrease proposal. If the decrease proposal is a request or report, the commissioner must, before making a decision— by written notice given to the licensee affected by the proposal— advise the licensee of the relevant details of the proposal; and invite the licensee to give the commissioner a written submission about the proposal within a reasonable time stated in the notice; and consider any written submission of the licensee received within the stated time. If the decrease proposal is an application, the commissioner— must not refuse to approve a decrease if the refusal is likely to impose an unreasonable financial burden on the licensee; and must not approve a decrease that is greater than the decrease sought in the application. If the decrease proposal is an application by a category 1 licensee and the decrease is approved under subsection (1) (a) , the number of operating authorities for the licensee’s licensed premises that is more than the approved number of gaming machines for the licensed premises must be sold at an authorised sale. If the decrease proposal is an application by a category 1 licensee, the commissioner may, if asked in writing by the licensee at the time the application is made, approve a decrease conditional on the sale of an operating authority for the licensed premises under the licensee’s gaming machine licence for each gaming machine to be disposed of under the approval. If an approval is conditional as mentioned in subsection (6) , the approval has effect, in relation to each gaming machine to be disposed of under the approval, when an operating authority for the gaming machine is sold. If the decrease proposal is a request or report relating to category 2 licensed premises, the commissioner may not approve a decrease if the approval is likely to impose an unreasonable financial burden on the licensee. If the decrease proposal is an application by a category 2 licensee and the decrease is approved under subsection (1) (a) , the entitlements for the licensee’s licensed premises that are more in number than the approved number of gaming machines for the licensed premises must be transferred on a permanent basis under part 3B , division 2 within 2 years after the decrease is approved. If the entitlements mentioned in subsection (9) are not transferred under that subsection, the entitlements become entitlements of the State. However, if the licensee mentioned in subsection (9) applies to the commissioner under section 109M (1) for an approval of a transfer of the entitlements mentioned in subsection (9) within 2 years after the decrease is approved and the commissioner does not make a decision on the application before the end of that period, subsection (10) does not apply until 14 days after notification of the decision under section 109M . s 87 prev s 87 ins 1999 No. 8 s 21 pres s 87 sub 2003 No. 41 s 15 amd 2008 No. 2 s 33 ; 2009 No. 41 s 34 ; 2012 No. 25 ss 109 (1) , 110 ; 2013 No. 25 s 58 (sec.87-ssec.1) The commissioner must consider a decrease proposal received by the commissioner and either— approve, by a stated number, a decrease in the approved number of gaming machines for the licensed premises of the licensee; or refuse to approve a decrease in the approved number. (sec.87-ssec.2) The commissioner may approve a decrease that is less than the decrease sought in a decrease proposal. (sec.87-ssec.3) If the decrease proposal is a request or report, the commissioner must, before making a decision— by written notice given to the licensee affected by the proposal— advise the licensee of the relevant details of the proposal; and invite the licensee to give the commissioner a written submission about the proposal within a reasonable time stated in the notice; and consider any written submission of the licensee received within the stated time. (sec.87-ssec.4) If the decrease proposal is an application, the commissioner— must not refuse to approve a decrease if the refusal is likely to impose an unreasonable financial burden on the licensee; and must not approve a decrease that is greater than the decrease sought in the application. (sec.87-ssec.5) If the decrease proposal is an application by a category 1 licensee and the decrease is approved under subsection (1) (a) , the number of operating authorities for the licensee’s licensed premises that is more than the approved number of gaming machines for the licensed premises must be sold at an authorised sale. (sec.87-ssec.6) If the decrease proposal is an application by a category 1 licensee, the commissioner may, if asked in writing by the licensee at the time the application is made, approve a decrease conditional on the sale of an operating authority for the licensed premises under the licensee’s gaming machine licence for each gaming machine to be disposed of under the approval. (sec.87-ssec.7) If an approval is conditional as mentioned in subsection (6) , the approval has effect, in relation to each gaming machine to be disposed of under the approval, when an operating authority for the gaming machine is sold. (sec.87-ssec.8) If the decrease proposal is a request or report relating to category 2 licensed premises, the commissioner may not approve a decrease if the approval is likely to impose an unreasonable financial burden on the licensee. (sec.87-ssec.9) If the decrease proposal is an application by a category 2 licensee and the decrease is approved under subsection (1) (a) , the entitlements for the licensee’s licensed premises that are more in number than the approved number of gaming machines for the licensed premises must be transferred on a permanent basis under part 3B , division 2 within 2 years after the decrease is approved. (sec.87-ssec.10) If the entitlements mentioned in subsection (9) are not transferred under that subsection, the entitlements become entitlements of the State. (sec.87-ssec.11) However, if the licensee mentioned in subsection (9) applies to the commissioner under section 109M (1) for an approval of a transfer of the entitlements mentioned in subsection (9) within 2 years after the decrease is approved and the commissioner does not make a decision on the application before the end of that period, subsection (10) does not apply until 14 days after notification of the decision under section 109M . - (a) approve, by a stated number, a decrease in the approved number of gaming machines for the licensed premises of the licensee; or - (b) refuse to approve a decrease in the approved number. - (a) by written notice given to the licensee affected by the proposal— (i) advise the licensee of the relevant details of the proposal; and (ii) invite the licensee to give the commissioner a written submission about the proposal within a reasonable time stated in the notice; and - (i) advise the licensee of the relevant details of the proposal; and - (ii) invite the licensee to give the commissioner a written submission about the proposal within a reasonable time stated in the notice; and - (b) consider any written submission of the licensee received within the stated time. - (i) advise the licensee of the relevant details of the proposal; and - (ii) invite the licensee to give the commissioner a written submission about the proposal within a reasonable time stated in the notice; and - (a) must not refuse to approve a decrease if the refusal is likely to impose an unreasonable financial burden on the licensee; and - (b) must not approve a decrease that is greater than the decrease sought in the application.