sec.95Surrender of gaming machine licences

### sec.95 Surrender of gaming machine licences A licensee, at any time, may surrender the licensee’s gaming machine licence by giving the commissioner— a notification in the approved form; and the gaming machine licence, unless the surrender is by a category 1 licensee and is conditional on the sale of the licensee’s operating authorities. The notification is to be signed in the same way as that specified for an application made under section 56 (5) (b) or (c) . If a category 1 licensee surrenders the licensee’s gaming machine licence, all operating authorities for the licensed premises under the licence must be sold at an authorised sale. If the licensee is a category 1 licensee, the notification under subsection (1) may state the surrender is conditional on the sale of the licensee’s operating authorities for the licensed premises under the licence. If the notification states the surrender is conditional on the sale of the licensee’s operating authorities, the licensee must give the licence to the commissioner immediately after the licensee is aware all the operating authorities have been sold. Maximum penalty—40 penalty units. If a category 2 licensee surrenders the licensee’s gaming machine licence, all entitlements for the licensed premises under the licence must be transferred on a permanent basis under part 3B , division 2 within 2 years after the surrender. If the entitlements mentioned in subsection (2D) are not transferred on a permanent basis under part 3B , division 2 within the time mentioned in that subsection, the entitlements become entitlements of the State. However, if the licensee mentioned in subsection (2D) applies to the commissioner under section 109M (1) for an approval of a transfer of the entitlements mentioned in subsection (2D) within 2 years after the surrender and the commissioner does not make a decision on the application before the end of that period, subsection (2E) does not apply until 14 days after notification of the decision under section 109M . Subsection (2H) applies if— a category 2 licensee surrenders the licensee’s gaming machine licence; and either— one or more of the endorsed number of entitlements for the licensed premises have been transferred to the licensee of other licensed premises on a temporary basis under part 3B , division 3 ; or one or more entitlements for other licensed premises have been transferred to the licensee on a temporary basis under part 3B , division 3 . The temporary transfers of the entitlements end on the day the licence is surrendered. The commissioner may require the licensee to submit such information or material as the commissioner thinks fit. The licensee must comply with the commissioner’s requirement under subsection (3) . Maximum penalty—200 penalty units. The commissioner must, as soon as practicable after receiving the documents mentioned in subsection (1) , give written notice of the notification of surrender to any licensed monitoring operator the commissioner believes is supplying basic monitoring services to the licensee. Subject to subsection (8A) , a licensee who gives a notification under subsection (1) (a) must dispose of the gaming machines that are on the licensed premises— within 1 month after giving the notification; or if the commissioner extends, or further extends, the period for the disposal, by written notice given to the licensee in the period or extended period—within the period as extended. Maximum penalty—200 penalty units. If the surrender of a gaming machine licence is conditional on the sale of the licensee’s operating authorities, the licensee must, within 1 month after each sale of operating authorities for the licensed premises under the licence, dispose of the number of gaming machines equal to the number of operating authorities sold. Maximum penalty—200 penalty units. The commissioner may give an extension for subsection (8) (b) only if the commissioner considers it is appropriate to take the action in the circumstances of the particular case. The surrender of the gaming machine licence takes effect on the nominated day for the surrender of the licence. In this section— nominated day , for the surrender of a gaming machine licence, means— if paragraph (b) or (c) does not apply—the day (the set day ) that is 3 months after the notification of surrender is given; or if a day of effect that is later than the set day is stated in the notification of surrender—the day stated in the notification; or if, at the request of the licensee, the commissioner, by written notice, approves a day of effect that is earlier than the set day—the day approved by the commissioner. s 95 amd 1992 No. 35 sch; 1993 No. 63 s 2 sch ; 1995 No. 58 s 4 sch 1 ; 1997 No. 24 s 61 sch ; 1999 No. 8 s 24 ; 1999 No. 77 s 3 sch 1 ; 2000 No. 51 s 48 ; 2002 No. 43 ss 52 , 111 – 112 sch s 1 – 2 ; 2003 No. 41 s 18 ; 2009 No. 41 s 36 ; 2012 No. 25 ss 109 (1) , 110 ; 2013 No. 25 s 63 ; 2013 No. 62 s 14 (sec.95-ssec.1) A licensee, at any time, may surrender the licensee’s gaming machine licence by giving the commissioner— a notification in the approved form; and the gaming machine licence, unless the surrender is by a category 1 licensee and is conditional on the sale of the licensee’s operating authorities. (sec.95-ssec.2) The notification is to be signed in the same way as that specified for an application made under section 56 (5) (b) or (c) . (sec.95-ssec.2A) If a category 1 licensee surrenders the licensee’s gaming machine licence, all operating authorities for the licensed premises under the licence must be sold at an authorised sale. (sec.95-ssec.2B) If the licensee is a category 1 licensee, the notification under subsection (1) may state the surrender is conditional on the sale of the licensee’s operating authorities for the licensed premises under the licence. (sec.95-ssec.2C) If the notification states the surrender is conditional on the sale of the licensee’s operating authorities, the licensee must give the licence to the commissioner immediately after the licensee is aware all the operating authorities have been sold. Maximum penalty—40 penalty units. (sec.95-ssec.2D) If a category 2 licensee surrenders the licensee’s gaming machine licence, all entitlements for the licensed premises under the licence must be transferred on a permanent basis under part 3B , division 2 within 2 years after the surrender. (sec.95-ssec.2E) If the entitlements mentioned in subsection (2D) are not transferred on a permanent basis under part 3B , division 2 within the time mentioned in that subsection, the entitlements become entitlements of the State. (sec.95-ssec.2F) However, if the licensee mentioned in subsection (2D) applies to the commissioner under section 109M (1) for an approval of a transfer of the entitlements mentioned in subsection (2D) within 2 years after the surrender and the commissioner does not make a decision on the application before the end of that period, subsection (2E) does not apply until 14 days after notification of the decision under section 109M . (sec.95-ssec.2G) Subsection (2H) applies if— a category 2 licensee surrenders the licensee’s gaming machine licence; and either— one or more of the endorsed number of entitlements for the licensed premises have been transferred to the licensee of other licensed premises on a temporary basis under part 3B , division 3 ; or one or more entitlements for other licensed premises have been transferred to the licensee on a temporary basis under part 3B , division 3 . (sec.95-ssec.2H) The temporary transfers of the entitlements end on the day the licence is surrendered. (sec.95-ssec.3) The commissioner may require the licensee to submit such information or material as the commissioner thinks fit. (sec.95-ssec.4) The licensee must comply with the commissioner’s requirement under subsection (3) . Maximum penalty—200 penalty units. (sec.95-ssec.6) The commissioner must, as soon as practicable after receiving the documents mentioned in subsection (1) , give written notice of the notification of surrender to any licensed monitoring operator the commissioner believes is supplying basic monitoring services to the licensee. (sec.95-ssec.8) Subject to subsection (8A) , a licensee who gives a notification under subsection (1) (a) must dispose of the gaming machines that are on the licensed premises— within 1 month after giving the notification; or if the commissioner extends, or further extends, the period for the disposal, by written notice given to the licensee in the period or extended period—within the period as extended. Maximum penalty—200 penalty units. (sec.95-ssec.8A) If the surrender of a gaming machine licence is conditional on the sale of the licensee’s operating authorities, the licensee must, within 1 month after each sale of operating authorities for the licensed premises under the licence, dispose of the number of gaming machines equal to the number of operating authorities sold. Maximum penalty—200 penalty units. (sec.95-ssec.9) The commissioner may give an extension for subsection (8) (b) only if the commissioner considers it is appropriate to take the action in the circumstances of the particular case. (sec.95-ssec.10) The surrender of the gaming machine licence takes effect on the nominated day for the surrender of the licence. (sec.95-ssec.11) In this section— nominated day , for the surrender of a gaming machine licence, means— if paragraph (b) or (c) does not apply—the day (the set day ) that is 3 months after the notification of surrender is given; or if a day of effect that is later than the set day is stated in the notification of surrender—the day stated in the notification; or if, at the request of the licensee, the commissioner, by written notice, approves a day of effect that is earlier than the set day—the day approved by the commissioner. - (a) a notification in the approved form; and - (b) the gaming machine licence, unless the surrender is by a category 1 licensee and is conditional on the sale of the licensee’s operating authorities. - (a) a category 2 licensee surrenders the licensee’s gaming machine licence; and - (b) either— (i) one or more of the endorsed number of entitlements for the licensed premises have been transferred to the licensee of other licensed premises on a temporary basis under part 3B , division 3 ; or (ii) one or more entitlements for other licensed premises have been transferred to the licensee on a temporary basis under part 3B , division 3 . - (i) one or more of the endorsed number of entitlements for the licensed premises have been transferred to the licensee of other licensed premises on a temporary basis under part 3B , division 3 ; or - (ii) one or more entitlements for other licensed premises have been transferred to the licensee on a temporary basis under part 3B , division 3 . - (i) one or more of the endorsed number of entitlements for the licensed premises have been transferred to the licensee of other licensed premises on a temporary basis under part 3B , division 3 ; or - (ii) one or more entitlements for other licensed premises have been transferred to the licensee on a temporary basis under part 3B , division 3 . - (a) within 1 month after giving the notification; or - (b) if the commissioner extends, or further extends, the period for the disposal, by written notice given to the licensee in the period or extended period—within the period as extended. - (a) if paragraph (b) or (c) does not apply—the day (the set day ) that is 3 months after the notification of surrender is given; or - (b) if a day of effect that is later than the set day is stated in the notification of surrender—the day stated in the notification; or - (c) if, at the request of the licensee, the commissioner, by written notice, approves a day of effect that is earlier than the set day—the day approved by the commissioner.