sec.92Disclosure of influential or benefiting parties

### sec.92 Disclosure of influential or benefiting parties An applicant for a gaming machine licence, or a licensee who makes an additional premises application, must, at the time of making the application, give the commissioner an affidavit under this section. An applicant or licensee who undergoes any change in circumstances in relation to information contained in the last affidavit forwarded or lodged under this section by the applicant or licensee must, within 7 days of the change, forward to or lodge with the commissioner a fresh affidavit made under this section. Maximum penalty—100 penalty units. An affidavit under this section is to be made by— if the applicant or licensee is an individual—the applicant; or if the applicant or licensee is a body corporate— the principal executive officer of the body corporate; or if that officer does not have knowledge of the facts—some other person who has knowledge of the facts and who is authorised by the body corporate to make the affidavit. An affidavit under this section is to be in the approved form and must disclose— whether or not there is any person (other than, where the applicant or licensee is a body corporate, the secretary, an executive officer, a member or shareholder of the body corporate carrying out the duties or exercising the normal rights the person has as such secretary, executive officer, member or shareholder) who will by any lease, agreement or arrangement be able to influence any decision made— if the applicant or licensee is an individual—by the applicant; or if the applicant or licensee is a body corporate—by the body corporate, or the secretary or an executive officer of the body corporate; in relation to the conduct of gaming by the applicant or licensee; and whether or not there is any person other than the applicant or licensee who by any lease, agreement or arrangement may expect any benefit from the applicant or licensee in relation to the conduct of gaming by the applicant or licensee; and if there are any persons able to influence as referred to in paragraph (a) or expect benefit as referred to in paragraph (b) — where any such person is an individual—the person’s full name, address and date of birth; and where any such person is a body corporate other than a club—the name of the body corporate and the full name, address and date of birth of the secretary and each executive officer of the body corporate; and where any such person is a club or other voluntary association of persons— the name of the club or voluntary association of persons; and the full name, address and date of birth of the secretary and each executive officer of the club or voluntary association of persons; and particulars of any liquor licence held by the club or voluntary association of persons; and details of the objectives (if any) of the club or voluntary association of persons and whether or not the club is a non-proprietary club or the voluntary association of persons conducts its business in the same way as a non-proprietary club; and full and correct particulars of the lease, agreement or arrangement; and in the case of the applicant or licensee being a body corporate other than a club—the names of all persons who have a substantial holding in the body corporate. Despite subsection (4) , an affidavit under this section need not disclose anything that is prescribed for the purposes of this subsection. s 92 amd 1992 No. 35 sch; 1995 No. 58 s 4 sch 1 ; 1997 No. 24 s 61 sch ; 1999 No. 8 s 23 ; 1999 No. 77 s 156 ; 2001 No. 45 s 29 sch 3 ; 2012 No. 25 s 109 (1) ; 2013 No. 25 s 61 (sec.92-ssec.1) An applicant for a gaming machine licence, or a licensee who makes an additional premises application, must, at the time of making the application, give the commissioner an affidavit under this section. (sec.92-ssec.2) An applicant or licensee who undergoes any change in circumstances in relation to information contained in the last affidavit forwarded or lodged under this section by the applicant or licensee must, within 7 days of the change, forward to or lodge with the commissioner a fresh affidavit made under this section. Maximum penalty—100 penalty units. (sec.92-ssec.3) An affidavit under this section is to be made by— if the applicant or licensee is an individual—the applicant; or if the applicant or licensee is a body corporate— the principal executive officer of the body corporate; or if that officer does not have knowledge of the facts—some other person who has knowledge of the facts and who is authorised by the body corporate to make the affidavit. (sec.92-ssec.4) An affidavit under this section is to be in the approved form and must disclose— whether or not there is any person (other than, where the applicant or licensee is a body corporate, the secretary, an executive officer, a member or shareholder of the body corporate carrying out the duties or exercising the normal rights the person has as such secretary, executive officer, member or shareholder) who will by any lease, agreement or arrangement be able to influence any decision made— if the applicant or licensee is an individual—by the applicant; or if the applicant or licensee is a body corporate—by the body corporate, or the secretary or an executive officer of the body corporate; in relation to the conduct of gaming by the applicant or licensee; and whether or not there is any person other than the applicant or licensee who by any lease, agreement or arrangement may expect any benefit from the applicant or licensee in relation to the conduct of gaming by the applicant or licensee; and if there are any persons able to influence as referred to in paragraph (a) or expect benefit as referred to in paragraph (b) — where any such person is an individual—the person’s full name, address and date of birth; and where any such person is a body corporate other than a club—the name of the body corporate and the full name, address and date of birth of the secretary and each executive officer of the body corporate; and where any such person is a club or other voluntary association of persons— the name of the club or voluntary association of persons; and the full name, address and date of birth of the secretary and each executive officer of the club or voluntary association of persons; and particulars of any liquor licence held by the club or voluntary association of persons; and details of the objectives (if any) of the club or voluntary association of persons and whether or not the club is a non-proprietary club or the voluntary association of persons conducts its business in the same way as a non-proprietary club; and full and correct particulars of the lease, agreement or arrangement; and in the case of the applicant or licensee being a body corporate other than a club—the names of all persons who have a substantial holding in the body corporate. (sec.92-ssec.5) Despite subsection (4) , an affidavit under this section need not disclose anything that is prescribed for the purposes of this subsection. - (a) if the applicant or licensee is an individual—the applicant; or - (b) if the applicant or licensee is a body corporate— (i) the principal executive officer of the body corporate; or (ii) if that officer does not have knowledge of the facts—some other person who has knowledge of the facts and who is authorised by the body corporate to make the affidavit. - (i) the principal executive officer of the body corporate; or - (ii) if that officer does not have knowledge of the facts—some other person who has knowledge of the facts and who is authorised by the body corporate to make the affidavit. - (i) the principal executive officer of the body corporate; or - (ii) if that officer does not have knowledge of the facts—some other person who has knowledge of the facts and who is authorised by the body corporate to make the affidavit. - (a) whether or not there is any person (other than, where the applicant or licensee is a body corporate, the secretary, an executive officer, a member or shareholder of the body corporate carrying out the duties or exercising the normal rights the person has as such secretary, executive officer, member or shareholder) who will by any lease, agreement or arrangement be able to influence any decision made— (i) if the applicant or licensee is an individual—by the applicant; or (ii) if the applicant or licensee is a body corporate—by the body corporate, or the secretary or an executive officer of the body corporate; - (i) if the applicant or licensee is an individual—by the applicant; or - (ii) if the applicant or licensee is a body corporate—by the body corporate, or the secretary or an executive officer of the body corporate; - in relation to the conduct of gaming by the applicant or licensee; and - (b) whether or not there is any person other than the applicant or licensee who by any lease, agreement or arrangement may expect any benefit from the applicant or licensee in relation to the conduct of gaming by the applicant or licensee; and - (c) if there are any persons able to influence as referred to in paragraph (a) or expect benefit as referred to in paragraph (b) — (i) where any such person is an individual—the person’s full name, address and date of birth; and (ii) where any such person is a body corporate other than a club—the name of the body corporate and the full name, address and date of birth of the secretary and each executive officer of the body corporate; and (iii) where any such person is a club or other voluntary association of persons— (A) the name of the club or voluntary association of persons; and (B) the full name, address and date of birth of the secretary and each executive officer of the club or voluntary association of persons; and (C) particulars of any liquor licence held by the club or voluntary association of persons; and (D) details of the objectives (if any) of the club or voluntary association of persons and whether or not the club is a non-proprietary club or the voluntary association of persons conducts its business in the same way as a non-proprietary club; and (iv) full and correct particulars of the lease, agreement or arrangement; and - (i) where any such person is an individual—the person’s full name, address and date of birth; and - (ii) where any such person is a body corporate other than a club—the name of the body corporate and the full name, address and date of birth of the secretary and each executive officer of the body corporate; and - (iii) where any such person is a club or other voluntary association of persons— (A) the name of the club or voluntary association of persons; and (B) the full name, address and date of birth of the secretary and each executive officer of the club or voluntary association of persons; and (C) particulars of any liquor licence held by the club or voluntary association of persons; and (D) details of the objectives (if any) of the club or voluntary association of persons and whether or not the club is a non-proprietary club or the voluntary association of persons conducts its business in the same way as a non-proprietary club; and - (A) the name of the club or voluntary association of persons; and - (B) the full name, address and date of birth of the secretary and each executive officer of the club or voluntary association of persons; and - (C) particulars of any liquor licence held by the club or voluntary association of persons; and - (D) details of the objectives (if any) of the club or voluntary association of persons and whether or not the club is a non-proprietary club or the voluntary association of persons conducts its business in the same way as a non-proprietary club; and - (iv) full and correct particulars of the lease, agreement or arrangement; and - (d) in the case of the applicant or licensee being a body corporate other than a club—the names of all persons who have a substantial holding in the body corporate. - (i) if the applicant or licensee is an individual—by the applicant; or - (ii) if the applicant or licensee is a body corporate—by the body corporate, or the secretary or an executive officer of the body corporate; - (i) where any such person is an individual—the person’s full name, address and date of birth; and - (ii) where any such person is a body corporate other than a club—the name of the body corporate and the full name, address and date of birth of the secretary and each executive officer of the body corporate; and - (iii) where any such person is a club or other voluntary association of persons— (A) the name of the club or voluntary association of persons; and (B) the full name, address and date of birth of the secretary and each executive officer of the club or voluntary association of persons; and (C) particulars of any liquor licence held by the club or voluntary association of persons; and (D) details of the objectives (if any) of the club or voluntary association of persons and whether or not the club is a non-proprietary club or the voluntary association of persons conducts its business in the same way as a non-proprietary club; and - (A) the name of the club or voluntary association of persons; and - (B) the full name, address and date of birth of the secretary and each executive officer of the club or voluntary association of persons; and - (C) particulars of any liquor licence held by the club or voluntary association of persons; and - (D) details of the objectives (if any) of the club or voluntary association of persons and whether or not the club is a non-proprietary club or the voluntary association of persons conducts its business in the same way as a non-proprietary club; and - (iv) full and correct particulars of the lease, agreement or arrangement; and - (A) the name of the club or voluntary association of persons; and - (B) the full name, address and date of birth of the secretary and each executive officer of the club or voluntary association of persons; and - (C) particulars of any liquor licence held by the club or voluntary association of persons; and - (D) details of the objectives (if any) of the club or voluntary association of persons and whether or not the club is a non-proprietary club or the voluntary association of persons conducts its business in the same way as a non-proprietary club; and