Gaming Machine Act 1995

1 Short title This Act may be cited as the Gaming Machine Act 1995.

2 Commencement This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.

2A Objects The objects of this Act are: (a) to promote probity and integrity in gaming; (b) to maintain the probity and integrity of persons engaged in gaming in the Territory; (c) to promote fairness, integrity and efficiency in the operations of persons engaged in gaming in the Territory; (d) to reduce any adverse social impact of gaming; and (e) to promote a balanced contribution by the gaming industry to general community benefit and amenity.

3 Definitions In this Act: affected person, see section 166A. arrangement includes a scheme, understanding, promise or undertaking, whether express or implied.

Gaming Machine Act 1995 2 approved evaluator means a person who is approved as an evaluator under section 131(10). approved finance provider means: (a) a financial institution that is approved as a finance provider under section 129(1); or (b) a person or body prescribed as a finance provider for the associate has the meaning given by section 5. basic monitoring service means a monitoring service that is betting unit means the least valuable bet a player may make on a centralised credit system means an electronic or computer system or device that is so designed that it may be used for, or adapted to enable, the transfer of credits of gaming tokens to or from a gaming machine. club means a body corporate that holds a liquor licence with a club authority. Community Benefit Fund means the Community Benefit Fund maintained under section 68A of the Gaming Control Act 1993. computer cabinet means the sealable metal cabinet in a gaming machine which contains the game program storage medium and the random access memory. conduct of gaming has the meaning given by section 4. conviction includes a finding of guilt, or the acceptance of a plea of guilty, by a court. current premises, for Part 3, Division 6, see section 42B(1). delegate decision, see section 166A. Director means the Director of Gaming Machines appointed under section 9. electronic monitoring system means an electronic or computer system or device that is designed so that it may be used, or adapted, to receive data from gaming equipment in relation to the security, accounting or operation of gaming equipment.

Gaming Machine Act 1995 3 employ means to employ for fee or reward, to engage in an honorary capacity or to engage without fee or reward. executive officer, in relation to a body corporate, means the chairperson, managing director or other principal executive officer of the body corporate and every member of any executive, governing or management body of the body corporate (by whatever name called) and, in relation to an incorporated association, includes the public officer. financial institution means any of the following: (a) the Reserve Bank of Australia; (b) an ADI; (c) a foreign ADI within the meaning of the Banking Act 1959 (Cth); (d) a person who carries on State banking within the meaning of section 51(xiii) of the Commonwealth Constitution; (e) a body corporate that is or that, if it had been incorporated in Australia, would be a financial corporation within the meaning of section 51(xx) of the Commonwealth Constitution; (g) a person or body prescribed as a financial institution for the game means a game designed to be played on a gaming machine and identifiable from all other games by differences in rules or programming. gaming means the playing of a gaming machine. gaming equipment means a gaming machine, linked jackpot equipment, electronic monitoring system, centralised credit system or any part of or replacement part for such a machine, equipment or system. gaming machine means a device that is designed so that: (a) it may be used for the purpose of playing a game of chance or a game of mixed chance and skill; and (b) it may be operated, wholly or in part: (i) by the insertion of a gaming token into the device; (ii) by the use of gaming machine credits;

Gaming Machine Act 1995 4 (iii) by the electronic transfer of credits of gaming tokens to the device; or (iv) by the use of gaming tokens held, stored or accredited by the device or elsewhere; and (c) because of making a bet on the device, winnings may become payable, but does not include any device declared under section 171 not to be a gaming machine. gaming machine area means a location on licensed premises where a licensee is permitted to install a gaming machine. gaming machine credit means a credit of a gaming token registered by a gaming machine. gaming machine licence means a gaming machine licence issued under section 28. gaming machine type means a type of gaming machine in which different games may be installed. gaming token means Australian currency or a token, credit or other thing that enables a bet to be made on a gaming machine, but does not include a gaming machine credit. gross monthly profit, in respect of licensed premises, means the monetary amount of all bets made on gaming machines by persons who played those machines on the premises during the period covered by an assessment made under section 148 less the monetary amount of all payments made to those persons in respect of their playing of those machines during that period. inspector means an inspector appointed under section 20 and includes an authorised person appointed under section 21 and a gaming inspector appointed under the Gaming Control Act 1993. jackpot means the combination of letters, numbers, symbols or representations required to be displayed on the reels or video screen of a gaming machine so that the maximum winnings in accordance with the prize payout scale displayed on the machine are payable. licensed machine manager means the holder of a machine manager's licence under Part 4. licensed premises means premises on which a licensee is licensed to conduct gaming.

Gaming Machine Act 1995 5 licensed monitoring provider means the holder of a monitoring provider's licence under Part 4. licensed repairer means the holder of a repairer's licence under Part 4. licensed service contractor means the holder of a service contractor's licence under Part 4. licensee means the holder of a gaming machine licence. linked jackpot arrangement means an arrangement under which 2 or more gaming machines are linked to a device, being a device: (a) that records, an amount which, in the event of a jackpot or other result being obtained on one of those machines, may be, or part of the amount may be, payable as winnings; (b) that, for the purpose of recording the amount referred to in paragraph (a), receives data from each gaming machine to which the device is linked; and (c) that is not capable of affecting the outcome of a game on a gaming machine to which the device is linked. linked jackpot equipment means a jackpot meter, payout display, linking equipment, computer equipment, programming or other device (other than a gaming machine) forming, or capable of forming, part of a linked jackpot arrangement. liquor, see section 4(1) of the Liquor Act 2019. Liquor Act application: (a) for Part 3, Division 3, see section 37C(2); and (b) for Part 3, Division 6, see section 42B(3). liquor licence means: (a) a licence issued under the Liquor Act 2019; or (b) an authority to sell liquor under a Commonwealth Act. listed person means a person listed on: (a) the roll of recognised manufacturers and suppliers of gaming machines maintained under section 116; or (b) the roll of recognised suppliers of restricted components maintained under section 117.

Gaming Machine Act 1995 6 locality has the meaning in section 6A. machine manager means: (a) a licensed machine manager employed under section 60(3); or (b) an applicant for a machine manager's licence employed under section 60(4); or (c) a person employed under section 60(6). machine manager's licence means a machine manager's licence under Part 4. money clearance means the removal of gaming tokens from the drop box of a gaming machine. monitoring provider's licence means a monitoring provider's licence under Part 4. multiple site linked jackpot arrangement means a linked jackpot arrangement linking gaming machines with other gaming machines on 2 or more licensed premises. new premises, for Part 3, Division 6, see section 42B(1). non-proprietary club means a club whose rules, constitution or other incorporating documents provide that: (a) the income, profits and assets of the club are to be applied only in the promotion of its objects; and (b) the payment of dividends to, or the distribution of income, profits or assets of the club among, its members is prohibited. place includes a house, wharf and premises. play a gaming machine has the meaning given by section 6. premises includes messuages, buildings, lands, easements, tenements of any tenure, vehicles or vessels. principal executive officer, in relation to a body corporate, means the chairperson, managing director and/or other principal executive, governing or management officer (by whatever name called) of the body corporate and, in relation to an incorporated association, includes the public officer. proposed transferee, for Part 3, Division 3, see section 37.

Gaming Machine Act 1995 7 public interest means public interest having regard to the creation and maintenance of public confidence and trust in the credibility or integrity of: (a) gaming; (b) the conduct of gaming; (c) the manufacture, assembly, sale, supply, installation, (d) the administration of licensed premises. recognised manufacturer or supplier of gaming machines means a person who is approved as a recognised manufacturer or supplier of gaming machines under section 116. recognised supplier of restricted components means a person who is approved as a recognised supplier of restricted components under section 117. repairer's licence means a repairer's licence under Part 4. restricted component means a component that is prescribed as a restricted component when it does not form part of a gaming machine, linked jackpot equipment, electronic monitoring system or centralised credit system but does not include anything declared under section 171 not to be a restricted component. reviewable decision, see section 166A. schedule of gaming machines means the schedule of gaming machines issued under section 29 that, for the time being, is in existence in respect of the licensed premises specified in the schedule. seal means a seal issued or approved by the Director under section 136A. service contract means an agreement to install, alter, adjust, maintain or repair gaming equipment on a licensee's licensed service contractor's licence means a service contractor's licence under Part 4. single site linked jackpot arrangement means a linked jackpot arrangement linking gaming machines with gaming machines on the same licensed premises.

Gaming Machine Act 1995 8 substitution application, for Part 3, Division 6, see section 42A. transfer application, for Part 3, Division 3, see section 37C(1). transferable licence, for Part 3, Division 3, see section 37. vehicle means a motor vehicle, omnibus, coach, cart, sulky, bicycle, velocipede, train, railway carriage, aeroplane, airship, balloon, hovercraft or any other means of conveyance or transit. vessel means a ship, boat, punt, ferry, hovercraft or any other kind of vessel used or apparently designed for use in navigation. Note for section 3 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

4 Meaning of conduct of gaming A reference in this Act to conduct of gaming is a reference to: (a) the management, use, supervision, operation and conduct of gaming equipment; (b) the sale, redemption or use of gaming tokens; (c) the carrying out of centralised credit transactions; (d) the installation, alteration, adjustment, maintenance or repair of gaming equipment; (e) the use or distribution of proceeds from the conduct of gaming; and (f) accounting, banking, storage and other acts in connection with or related or incidental to gaming and the conduct of gaming.

5 Meaning of associate (1) For the purposes of this Act, the following persons are associates of a person: (a) a spouse or de facto partner of the person; (b) a parent or remoter lineal ancestor, son, daughter or remoter issue, brother or sister of the person; (c) a partner of the person; (d) a body corporate of which the person is an executive officer;

Gaming Machine Act 1995 9 (e) where the person is a body corporate, an executive officer of the body corporate; (f) a person who, in the previous year, has provided to the first- mentioned person advice for fee or reward in relation to gaming, the conduct of gaming or the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance or repair of gaming (g) an employee or employer of the person; (h) an officer or employee of a body corporate of which the person is an officer or employee; (j) an employee of a natural person of whom the person is an employee; (k) a body corporate whose executive officers are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person, or where the person is a body corporate, of the executive officers of that body corporate; (m) a body corporate in accordance with the directions, instructions or wishes of which, or of the executive officers of which, the person is accustomed or under an obligation, whether formal or informal, to act; (n) a body corporate in which the person holds a controlling interest; (p) where the person is a body corporate, a person who holds a controlling interest in the body corporate; (q) a person who is named in an affidavit forwarded or lodged by the person under section 44 or 74; (r) a person who is, because of this subsection, an associate of any other person who is an associate of the person (including a person who is an associate of the person by another application or other applications of this subsection). (2) For the purposes of this Act, a person is taken to hold a controlling interest in a body corporate if the person, alone or together with any associate or associates of the person, is in a position to control not less than 15% of the voting power in the body corporate or holds interests in not less than 15% of the issued shares in the body corporate.

Gaming Machine Act 1995 10

6 Meaning of play a gaming machine For the purposes of this Act, a person is taken to play a gaming machine if the person, directly or indirectly: (a) inserts a gaming token into; (b) causes gaming machine credits to be registered by; (c) makes a bet on; (d) causes the activation of any process relating to the game of; or (e) makes or participates in the making of the decisions involved in playing, the gaming machine.

6A Meaning of locality (1) A locality is a part of the Territory prescribed as a locality for the (2) A locality may include one or more other localities and localities may overlap. (3) Licensed premises may be situated in one or more localities.

7 Act not to apply to casinos This Act does not apply to or in relation to the obtaining, possession or use of a gaming machine in a casino, within the meaning of the Gaming Control Act 1993.

8 Act binds Crown This Act binds the Crown not only in right of the Territory but, so far as the legislative power of the Legislative Assembly permits, in all its other capacities.

9 Appointment of Director of Gaming Machines The Minister must, in writing, appoint a person to be the Director of Gaming Machines.

Gaming Machine Act 1995 11

10 Delegation The Director may delegate any of the Director's powers or functions under this Act, other than a power under Part 9A, Division 2, to a public sector employee.

11 Annual report (1) The Director must, within 3 months after the end of each financial year, give the Minister a report on the operation of this Act during that year. (2) The Minister must table a copy of the report in the Legislative Assembly within 6 sitting days after the Minister receives the report.

12 Approved forms The Director may approve forms for this Act.

17 Powers and functions of Director (1) In addition to the functions conferred on the Director under this Act, the Director has those functions conferred on the Director by the Minister. (2) The Director has power to do all things necessary or convenient to be done for or in connection with or incidental to the performance of the Director's functions. (3) The following principles are to be considered when the Director is performing the Director's functions: (a) minimum regulatory intervention by government; (b) maximum cooperation between industry and government; (c) performance-based risk management controls; (d) proactive and competitive industry positioning; (e) long term viability of the gaming industry; (f) a balanced approach to problem gambling.

20 Inspectors (1) The Director may appoint a public sector employee to be an inspector for the purposes of this Act.

Gaming Machine Act 1995 12 (2) An inspector appointed under this section may exercise such powers and perform such functions as are given by or under this Act. (3) The Director shall issue to an inspector appointed under this section an identity card containing a photograph and the signature of the inspector verified by the signature of the Director. (4) An inspector appointed under this section whose appointment is terminated shall surrender to the Director the identity card issued to the person under subsection (3). (5) An inspector appointed under this section shall, when exercising or performing any of his or her powers or functions, produce the identity card issued to the inspector under subsection (3) to a person who questions the right of the inspector to exercise the power or perform the function. (6) The production by an inspector of an identity card issued under subsection (3) shall, until the contrary is proved, be sufficient authority for the inspector to do any thing which the inspector is authorised to do by or under this Act. (7) An inspector appointed under this section may, while lawfully exercising a power or performing a function, be accompanied by a person (including a member of a professional body, a person authorised by the Director, a tradesman or a person expert or experienced in a particular field of endeavour) and may, if the inspector reasonably believes it is necessary in the circumstances, request a person to assist the inspector. (8) A person assisting an inspector under subsection (7) has and may exercise all the powers of an inspector appointed under this section as are reasonably necessary for the purpose and is to be taken to be an employee of the Territory.

21 Authorised persons (1) The Director may, in writing, appoint a person who is not a public sector employee to be an authorised person for the purposes of (2) An authorised person may exercise the powers and perform the functions of an inspector that are specified in the appointment.

Gaming Machine Act 1995 13 (3) In exercising a power or performing a function under this Act, an authorised person: (a) is subject to the direction and control of the Director; and (b) is to be taken to be an employee of the Territory. (4) The Director must issue to an authorised person an identity card containing a photograph and the signature of the person verified by the signature of the Director. (5) An authorised person whose appointment is terminated must surrender to the Director the identity card issued to the person under subsection (4). Maximum penalty: 50 penalty units. (6) An authorised person must, when exercising or performing any of his or her powers or functions, produce the identity card issued to the person under subsection (4) to a person who questions the right of the person to exercise the power or perform the function. (7) The production by an authorised person of an identity card issued under subsection (4) is, until the contrary is proved, to be taken to be sufficient authority for the person to do any thing which the person is authorised to do by or under this Act.

22 Secrecy (1) Subject to this section, a person who is or has been engaged in the administration or enforcement of this Act must not, either directly or indirectly, except for the purposes of this Act: (a) make a record of, or communicate to a person, information concerning the affairs of another person acquired by the person under this Act by reason of that employment; or (b) produce to a person or permit a person to have access to a document furnished to the person for the purposes of this Act. (2) Nothing in this section prevents a person to whom it applies from disclosing information obtained under this Act, where: (a) the person from whom it was obtained consents to the disclosure;

Gaming Machine Act 1995 14 (b) the disclosure is to: (i) a member of the Police Force; (ii) a person who is employed by a State or another Territory of the Commonwealth to administer an Act in that State or Territory regulating the operations of casinos or gaming; (iia) a person who is employed to administer a law in force in another country that regulates the operations of casinos or gaming in that country; (iii) the Auditor-General for the purposes of performing functions or exercising powers imposed or conferred on the Auditor-General by or under the Audit Act 1995 or any other Act, or prevents the Auditor-General from disclosing that information or publishing that document if the disclosure or publication does not directly or indirectly divulge information identifying the affairs of a particular person; or (iv) the Commissioner, within the meaning of the Taxation Administration Act 2007, for the purposes of performing functions or exercising powers imposed or conferred on the Commissioner by or under the Taxation Administration Act 2007 or any other Act, or prevents the Commissioner from disclosing that information or publishing that document if the disclosure or publication does not directly or indirectly divulge information identifying the affairs of a particular person; or (c) the information is about: (i) the number of gaming machines on any licensed (ii) the performance of gaming machines on any licensed (iii) the profit distribution of a club. (3) A person to whom this section applies shall not be required to produce in court any document connected with the administration or execution of this Act in the person's custody in the course of his or her employment or to divulge or communicate to a court any matter or thing coming under the person's notice in the course of employment, unless the production, divulgence, communication or publication is made:

Gaming Machine Act 1995 15 (a) with the consent of the person from whom the information or documentation was obtained; (b) in connection with the administration or execution of this Act; or (c) for the purposes of legal proceedings arising out of this Act or of a report of such proceedings.

22A Recognition of interstate matters by Director (1) Where the Director: (a) has power under this Act or the Regulations to take an action or to make, grant or issue an instrument (a Territory action or instrument); and (b) is satisfied that an action taken, or an instrument made, granted or issued, under a corresponding law (an interstate action or instrument) is equivalent to the Territory action or instrument, the Director may recognise the interstate action or instrument for the purposes of this Act. (2) Where an interstate action or instrument is recognised under subsection (1), this Act and the Regulations apply (with the necessary changes) in relation to the interstate action or instrument as if it were the Territory action or instrument to which it is equivalent. (3) In determining whether an interstate action or instrument is equivalent to a Territory action or instrument, the Director may have regard to the matters that the Director considers relevant. (4) Where: (a) the Director has recognised an interstate action or instrument for the purposes of this Act; and (b) the interstate action or instrument is altered, amended or varied, or is revoked or ceases to be in force, under the corresponding law,

Gaming Machine Act 1995 16 the Director may review the decision to recognise the interstate action or instrument and may: (c) where the interstate action or instrument is altered, amended or varied – recognise the interstate action or instrument as altered, amended or varied or revoke the decision to recognise the interstate action or instrument; or (d) where the interstate action or instrument is revoked or ceases to have effect – revoke the decision to recognise the interstate action or instrument. (5) Subsections (1), (2) and (3) apply (with the necessary changes) in relation to an interstate action or instrument that is reviewed under subsection (4). (6) Where the Director is satisfied that: (a) a person has complied with certain requirements under a corresponding law; and (b) those requirements are equivalent to requirements imposed on the person by or in relation to the Director under this Act or the Regulations, the Director may waive compliance by the person with the requirements under this Act or the Regulations. (7) Where: (a) the Director has waived compliance with requirements under this Act or the Regulations under subsection (6); and (b) those requirements, or the requirements under the corresponding law that the Director determined for the purposes of the waiver were equivalent to those requirements, are altered, amended or varied or are repealed and replaced or are repealed without replacement, the Director may revoke the waiver. (8) In this section: corresponding law means a law of a State or another Territory of the Commonwealth that corresponds with provisions of this Act.

Gaming Machine Act 1995 17

Part 2A Restrictions on gaming machine numbers

22B Power to restrict gaming machine numbers (1) Restrictions may be imposed by regulation on gaming machine numbers. (2) In particular, the regulations may: (a) restrict the aggregate number of gaming machines authorised for use under gaming machine licences in the Territory to a maximum number fixed in, or determined in accordance with, the regulations; or (b) restrict the aggregate number of gaming machines authorised for use under gaming machine licences in a particular part of the Territory to a maximum number fixed in, or determined in accordance with, the regulations; or (c) impose a restriction of any other kind on gaming machine numbers; or (d) impose any combination of restrictions on gaming machine numbers. (3) The first regulations to be made under this section may operate retrospectively from the date this section is taken to have commenced.

22C Certain applications to be summarily rejected Despite any other provision of this Act, if the grant of an application for a gaming machine licence, or for an increase in the number of gaming machines authorised for use under a gaming machine licence, would result in contravention of a restriction imposed under this Part, the Director must reject the application without further inquiry.

23 Gaming lawful and does not constitute nuisance (1) Notwithstanding any other Act or law, gaming and the conduct of gaming on licensed premises under this Act is lawful.

Gaming Machine Act 1995 18 (2) Gaming and the conduct of gaming on licensed premises under this Act or any other Act does not in itself constitute a public or private nuisance.

24 Application for gaming machine licence (1) An application for a gaming machine licence may be made by the (a) a body corporate that holds a liquor licence with a club authority; (b) the holder of a liquor licence with a public bar authority; (c) the holder of a liquor licence with a wayside inn authority; (d) the holder of a liquor licence with an authority prescribed by regulation; (e) a body corporate that has applied to become the holder of a licence and an authority referred to in paragraphs (a) to (d); (f) an individual who has applied to become the holder of a licence and an authority referred to in paragraphs (b) and (d). (2) An application under this section may be made only in relation to, if the application is made by an applicant referred to in subsection (1)(a), (b) or (c), the premises specified in the applicant's liquor licence, or referred to in subsection (1)(d) or (e), the premises specified in the applicant's application for a liquor (3) An application under this section: (a) shall be made in the form determined by the Director; (b) shall be signed by the applicant or, in the case of an application by a body corporate, shall be executed under the common seal of the body corporate and signed by 2 executive officers of the body corporate authorised in that behalf by the body corporate or in such other way as the Director allows; (c) shall state the full name, address and date of birth of the applicant or, in the case of an application by a body corporate, the full name, address and date of birth of the secretary and each executive officer of the body corporate;

Gaming Machine Act 1995 19 (d) in the case of an application by a body corporate, shall be (i) a copy of the certificate of incorporation of the body corporate; (ii) a copy of the constitution or other incorporating documents of the body corporate in force at the time of making the application certified as a true copy by the secretary of the body corporate or other person properly authorised in that behalf by the body corporate and, in the case of the constitution of a club that is an incorporated association within the meaning of the Associations Act 2003, certified as a true copy by the Director as defined in section 4 of that Act; (iii) a copy of the resolution or minute of the proceedings of the governing body of the body corporate by which approval was given for the application to be made, certified as a true copy by the person certifying the copy of the matters referred to in subparagraph (ii); and (iv) a copy of the last audited balance sheet or statement of the financial affairs of the body corporate; (e) shall be accompanied by, in the case of an application by a club: (i) a statement detailing the number of members in each class of membership of the club; (ii) a statement detailing the hours and days when the club's premises are open for the sale of liquor; and (iii) a statutory declaration by the principal executive officer that the applicable constitution or by-laws of the club: (A) have been complied with in making the application; and (B) do not prohibit the playing of gaming machines on the premises to which the application relates; (f) shall be accompanied by: (i) if the application is made by an applicant referred to in subsection (1)(a), (b) or (c), evidence, satisfactory to the Director, of the liquor licence held for the premises to which the application relates; or

Gaming Machine Act 1995 20 (ii) if the application is made by an applicant referred to in subsection (1)(d) or (e), a copy of the application for a liquor licence made in relation to the premises to which the first application relates; (g) shall be accompanied by a plan of the premises to which the application relates indicating the proposed locations on the premises where it is intended to install gaming machines; (h) shall be accompanied by a statutory declaration declaring: (i) that the proposed locations referred to in paragraph (g) are within: (A) if the application is made by an applicant referred to in subsection (1)(a), (b) or (c), the premises to which the liquor licence referred to in subsection (1)(a), (b) or (c) relates; and (B) if the application is made by an applicant referred to in subsection (1)(d) or (e), the premises to which the proposed liquor licence referred to in subsection (1)(d) or (e) relates; and (ii) that gaming machines installed in the locations will allow: (A) proper cleaning and maintenance of the gaming machines; (B) unrestricted access to fire exits in accordance with the requirements under the Fire and Emergency Act 1996 and Building Act 1993; and (C) the proper use of things provided on the premises for safety and security; (j) shall specify full particulars of the ownership and any intended ownership of the premises; (k) must specify the number of gaming machines that the applicant seeks to have authorised for use under the licence; (ka) is to specify details of the arrangements made for the monitoring of the gaming machines by a licensed monitoring provider and for the maintenance and repair of the gaming machines through a licensed service contractor; (m) shall be accompanied by an affidavit under section 44;

Gaming Machine Act 1995 21 (ma) if the applicant is a club, is to be accompanied by: (i) a full and reasonable description of the club's neighbourhood; (ii) a statement of the proportions in which the club's profits have been, or are proposed to be, allocated or distributed: (A) to improve the club's facilities and services and to the club's reserves; (B) for the purposes of the club as set out in the club's constitution or other incorporating documents or, if the applicant is a federation of clubs, for the purposes of each constituent club as set out in each constituent club's constitution or other incorporating documents; (C) towards development of the club's neighbourhood; and (D) as donations to or funding for community, recreational or service organisations operating in the club's neighbourhood; (iii) a statement of: (A) the proportion that the allocation or distribution referred to in subparagraph (ii)(B) bears to the aggregate of the allocations or distributions referred to in subparagraph (ii)(B), (C) and (D); and (B) the proportion that the aggregate of the allocations or distributions referred to in subparagraph (ii)(C) and (D) bears to the aggregate of the allocations or distributions referred to in subparagraph (ii)(B), (C) and (D); (iv) a statement of: (A) the proportion that the number of full members of the club bears to the total number of members of the club; and (B) the proportion that the number of members of the club who are not full members bears to the total number of members of the club; and

Gaming Machine Act 1995 22 (v) a statement to the effect that the club's constitution or other incorporating documents or, if the applicant is a federation of clubs, the constitution or other incorporating documents of each constituent club do not prohibit, prevent or impede an allocation or distribution referred to in subparagraph (ii)(C) or (D); (n) shall contain or be accompanied by such other information, application and the applicant as are determined by the Director; (p) shall be forwarded to or lodged with the Director; and (q) must be accompanied by: (i) the prescribed fee; and (ii) the prescribed levy for each gaming machine that the applicant seeks to have authorised for use under the

24A Notice of application (1) An applicant for a gaming machine licence must, within 28 days of lodging the application, publish a notice that the application has been made: (a) in a newspaper or newspapers nominated by the Director; and (b) in any other manner the Director considers suitable to publicise the application. (2) The notice must: (a) include a description in sufficient detail to identify the location of the premises to which the application relates; (b) specify the number of gaming machines that the applicant seeks to have authorised for use under the gaming machine (c) contain details of where community impact information may be obtained; (d) contain a statement that a person may make a written submission to the Director on the application within 30 days of the notice being first published in a newspaper; (e) contain any other particulars determined by the Director; and

Gaming Machine Act 1995 23 (f) be not less than a size determined by the Director.

25 Consideration of application (1) On receiving an application for a gaming machine licence, and compliance by the applicant with this Part, the Director shall initiate and have followed through such investigations as the Director considers are necessary in relation to the application. (3) The Director must consider the application and anything accompanying it together with the results of investigations made under subsection (1) and any submissions received under section 24A and make an assessment of: (a) the suitability of the premises to which the application relates having regard to the size, layout and facilities of the premises; (b) the suitability of the premises to which the application relates having regard to the primary activity conducted at the (c) the suitability of the location to which the application relates having regard to the population of the local area, the proximity of the premises to other gaming venues and the proximity of the premises to sensitive areas such as schools, shopping centres, other community congregation facilities, welfare agencies, banks and pawn brokers; of the venue to or on tourism; (f) if the applicant is a natural person – the financial stability, general reputation and character of the applicant; (g) if the applicant is a body corporate – the business reputation and financial stability of the body corporate and the general reputation and character of the secretary and executive officers of the body corporate; (h) if the applicant is a federation of clubs – the business reputation and financial stability of each constituent club and the general reputation and character of the secretary and executive officers of each constituent club; (i) whether the applicant is a fit and proper person to hold a

Gaming Machine Act 1995 24 (j) if a person is referred to in the affidavit under section 44 – whether that person is a fit and proper person to be an associate of a licensee; (k) if the Director considers it appropriate – whether any other associate of the applicant is a fit and proper person to be an associate of a licensee; and (l) any other matter that the Director considers necessary. (3A) In assessing whether an applicant is a fit and proper person to be a licensee, the Director must have regard to the matters that are prescribed (if any). (4) Where the Director considers that a proposed location indicated in the plan referred to in section 24(3)(g) is unsuitable for the installation of gaming machines, the Director shall: (a) advise the applicant, in writing, accordingly; (b) return the plan of the premises to the applicant; and (c) request the applicant to amend and resubmit the plan, as often as is necessary to satisfy the Director's requirements. (5) If an applicant, within the time specified in the last request made under subsection (4), fails to amend and resubmit the plan, the Director shall not take any further action in respect of the (6) The Director may require an applicant, or an associate of an applicant, to submit such additional information or material as the Director considers is necessary in order to make a decision or determination under this section. (7) Where the Director, on consideration of an application under this section, considers that it should not be granted or proposes to determine the number of gaming machines to be authorised for use under the licence be less than the number requested in the application: application or a determination in respect of the number of gaming machines to be authorised for use; and the application or for the number of gaming machines

Gaming Machine Act 1995 25 requested in the application as the applicant thinks fit. (8) Any additional information or material submitted under subsection (6) or (7) shall be considered in making the decision or (8A) In determining an application for a gaming machine licence by a club, the Director must have regard to the improvements to the amenity of its neighbourhood that the club will make, or proposes to make, if the licence is granted. (9) The Director shall not grant a gaming machine licence if: (a) in the case of an application by a natural person, the applicant has not attained the age of 18 years; (b) in the case of an application by a body corporate, the secretary or any executive officer of the body corporate has not attained the age of 18 years; or (c) the Director considers that the installation and use of gaming machines on the premises to which the application relates is likely to affect adversely: (i) the nature or character of the premises; or (ii) the general use of the premises or the enjoyment of persons using the premises. (10) The Director shall not grant a gaming machine licence to a club if the Director considers: (a) that the club, including a voluntary association of persons from which it was formed: (i) has not been operating for at least 2 years before the application was made; or (ii) has not, during the whole of that period, been pursuing its objects or purposes in good faith; (b) that payments for the rental or lease of the club's licensed premises are unreasonable; (c) if a lease, agreement or arrangement made by the club provides that a person or voluntary association of persons is entitled to receive, or may receive, a payment, benefit or advantage during, or at the end of, the lease, agreement or arrangement, that the provision is unreasonable;

Gaming Machine Act 1995 26 (d) if members of the executive, governing or management body (however described) of the club are required to be nominated, or may be nominated, by a person who is not a member of the club, or by a voluntary association of persons, that this is not in the best interests of the club's members; (e) if the club does not own the club's licensed premises and an executive officer or employee of the club is also the lessor, or an associate of the lessor, of the club, that this is not in the best interests of the club's members; or (f) if an executive officer or employee of the club is a creditor, or an associate of a creditor, of the club, that this is not in the best interests of the club's members. (11) Subsection (10)(a) does not apply if the Director considers that granting the application: (a) is reasonable because of the club's contractual commitments made in pursuing its objects or purposes; (b) is necessary to meet the reasonable gaming requirements of the club's members; and/or (c) is in the public interest. (12) Subject to this section, the Director shall determine the number of gaming machines authorised for use under the licence. (13) In determining the number of gaming machines under subsection (12), the Director shall have regard to: (a) the number of gaming machines sought in the application made under section 24; (c) the hours and days when the premises are open for the sale of liquor; (d) in the case of a club, the number of members of the club; (e) the size, layout and facilities of the premises to which the application relates; (f) the size and layout of the proposed gaming machine areas; (g) the anticipated level of gaming on the premises; and (h) such other matters as the Director considers are relevant.

Gaming Machine Act 1995 27 (14) The number of gaming machines determined under subsection (12): (a) is not to be greater than the number sought in the application or the maximum number prescribed for the category of licensed premises to which the licensed premises the subject of the application belongs; and (b) is not to result in contravention of a restriction imposed under Part 2A. (15) The Director shall, as soon as practicable after a decision is made on the application, give the applicant written notice of: (16) On the grant of a gaming machine licence, the gaming machine areas are those locations on licensed premises indicated in the plan referred to in section 24(3)(g) or that plan as last amended and resubmitted under subsection (4).

26 Clubs may be restricted to only one gaming machine licence If a club is a licensee, the Director shall not grant an application by the club for another gaming machine licence (new licence) unless: (a) the Director considers that the benefits to be offered to members of the club at the premises for which the new licence is sought (new premises) are distinct in nature to the benefits offered to the members at the existing licensed premises of the club (existing premises); (b) the new premises are located in close proximity to the existing (c) the Director is satisfied that: (i) it is in the best interests of the club's members that the new licence be granted; and (ii) the granting of the new licence is not contrary to the public interest.

Gaming Machine Act 1995 28

27 Changes in circumstances of applicants and licensees (1) Where a person applies for a licence under this Part and, before the application is granted or refused, there is: (a) a change in the information in, or accompanying, the application or in a notice under this subsection; or (b) any other change in the circumstances of the applicant that may affect the decision whether to grant or refuse the application, the applicant must give the Director written notice of the change within 7 days after the change. (2) If, after the grant of a gaming machine licence, an event referred to in subsection (3) happens, the licensee shall, not later than 7 days after the event happening, give the Director written notice of the event. (3) Events required to be notified under this section are: (a) the licensee changes name or address; (b) the licensee is convicted of: (i) an indictable offence; or (ii) an offence against this Act; (c) if the licensee is a natural person, the licensee fails to discharge his or her financial commitments, becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws about bankruptcy; or (d) if the holder is a body corporate, the licensee is the subject of a winding-up (whether voluntarily or under a court order), appointment of a liquidator, appointment of a receiver or receiver and manager or is placed under judicial management or administration.

Gaming Machine Act 1995 29

28 Issue of gaming machine licences (1) Where the Director grants a gaming machine licence the Director shall issue the licence. (2) The gaming machine licence shall be in the form determined by the Director and shall specify: (a) the name of the licensee; (c) the conditions imposed under section 33(1)(b); and (d) such other particulars as determined by the Director.

29 Schedule of gaming machines (1) The Director shall, in respect of licensed premises, issue to the licensee a schedule of gaming machines. (2) A schedule of gaming machines shall: (a) identify the gaming machine licence and the licensed premises to which it applies; (b) specify the number of gaming machines and the number of gaming machines of each betting unit authorised for use under the licence in respect of the licensed premises; (ba) specify the identification number issued by the Director under section 135 for each gaming machine authorised for use under the licence in respect of the licensed premises or required to be stored by the licensee under section 83; and (c) specify the date from which the schedule is to apply. (3) Where: (a) the accuracy of a schedule of gaming machines is affected by anything done by the Director under section 39 or 40; or (b) the Director is satisfied that a schedule of gaming machines has been damaged, lost or destroyed, the Director shall issue another schedule of gaming machines to the licensee. (4) The issue of a schedule of gaming machines under subsection (3) cancels the previous schedule of gaming machines on and from the date specified in the schedule and is taken for all purposes to be the schedule of gaming machines for the licensed premises.

Gaming Machine Act 1995 30 (5) A licensee shall, not later than 14 days after receiving a schedule of gaming machines issued under subsection (3), deliver the cancelled schedule of gaming machines to the Director.

30 Gaming machine licences and schedules to be displayed A licensee shall display the licensee's gaming machine licence and the schedule of gaming machines in a conspicuous position on the licensed premises to which the licence and schedule relate.

31 Issue of copy of gaming machine licence (1) Where the Director is satisfied that a gaming machine licence has been damaged, lost or destroyed, the Director may, on payment of the prescribed fee, issue to the licensee a copy of the licence. (2) A copy of a gaming machine licence issued under subsection (1) has, for all purposes, the same effect as the original licence of which it is a copy.

32 Term of gaming machine licence (1) Subject to this Act, a gaming machine licence is granted for an indefinite term. (2) If a gaming machine licence is cancelled, revoked or otherwise ceases to be in force for a reason other than a reason provided for under this Act and it is necessary for any purpose whatsoever to determine how long the licence would have remained in force but for the cancellation, revocation or cessation, it is to be assumed that the licence would have remained in force for a further 5 years.

33 Conditions of gaming machine licences (1) A gaming machine licence is subject to: (a) such conditions as may be prescribed; and (b) such other conditions (including any variation of the conditions made under section 34) as the Director may impose in the public interest or for the proper conduct of gaming at the time of granting the licence or under section 34.

Gaming Machine Act 1995 31 (2) A licensee shall not contravene or fail to comply with a condition to which the licensee's licence is subject.

34 Imposition or variation of conditions (1) The Director may, after granting a gaming machine licence, in the public interest or for the proper conduct of gaming: (a) impose conditions or further conditions on the licence; or (b) vary the conditions on the licence. (2) Where the Director imposes or varies conditions under subsection (1), the Director shall give the licensee written notice of the conditions or varied conditions. (3) A condition imposed or varied under this section has effect from the date specified in the notice given under subsection (2). (4) A licensee shall, not later than 14 days after being given a notice under subsection (2), deliver the licence to the Director. (5) The Director shall, on receiving a gaming machine licence under subsection (4), endorse the licence with the condition imposed or varied and return the licence to the licensee.

35 Payment and recovery of amounts (1) All amounts received by the Director under conditions referred to in section 33 shall be paid into the Central Holding Authority. (2) All amounts payable by a licensee under conditions of the gaming machine licence that remain unpaid may be recovered as a debt due and payable by the licensee to the Territory.

36 Community contribution by clubs (1) The Minister may issue guidelines about the contribution the Minister expects clubs that are licensees will make to the community. (1A) The guidelines may specify the following: (a) how the contribution is to be calculated;

Gaming Machine Act 1995 32 (b) the type and nature of contributions that are of benefit to the community; (c) the reporting, accountability and acquittal process that a licensee must use; (d) the minimum rate of contribution. (2) The Director may require a club that is a licensee to provide the Director with the information the Director considers appropriate to assess the contribution that the club is making to the community and, in particular, its contribution through gaming machines. (3) A club must comply with a requirement under subsection (2). Maximum penalty: 100 penalty units.

37 Definitions In this Division: proposed transferee, in relation to the transfer of a transferable licence, means the person to whom it is proposed to transfer the transfer application, see section 37C(1). transferable licence means a gaming machine licence issued for premises that are licensed under the Liquor Act 2019 and operating under an authority prescribed by regulation.

37A Gaming machine licence held by club cannot be transferred A gaming machine licence that is not a transferable licence cannot be transferred to another person.

37B Transfer of gaming machine licence for hotels etc. A transferable licence may be transferred from the licensee to another person if the transfer is authorised by the Director under this Division.

37C Application for transfer of gaming machine licence (1) An application for the transfer of a transferable licence (a transfer application) must: (a) be made to the Director by the proposed transferee; and

Gaming Machine Act 1995 33 (b) be in the form determined by the Director; and (c) include or be accompanied by the information and material mentioned in section 38(1); and (d) be signed or executed in the manner described in section 24(3)(b); and (e) be accompanied by the prescribed fee. (2) A transfer application cannot be made unless an application under the Liquor Act 2019 to approve the transfer of the licensee's liquor licence to the proposed transferee is made and approved or is still pending a decision.

38 Information and material (1) A transfer application must include or be accompanied by the (a) a copy of the application under the Liquor Act 2019 for transfer of the liquor licence or evidence that the application was made; (b) the information or material mentioned in section 24(3)(c), (d), (j) and (ka); (c) a community impact analysis if required by section 38A; (d) details of the proposed transferee's problem gambling risk management and responsible gambling strategies; (e) an affidavit under section 44; (f) any other information or material required by the Director. (2) The Director may require the applicant, or an associate of the applicant, to submit any additional information or material the Director considers is necessary in order to determine the transfer (3) Section 27(1) applies in relation to the applicant as if the transfer application were an application for a licence.

Gaming Machine Act 1995 34

38A Community impact analysis (1) A transfer application must be accompanied by a community impact analysis if: (a) the guidelines published by the Director under section 161A require the application to be accompanied by a community impact analysis; or (b) the Director requires the application to be accompanied by a community impact analysis. (2) A community impact analysis must be in the form approved by the Director and must provide the following details: (a) the appropriateness of problem gambling risk management (b) economic impact of the proposal including contribution to the

38B Consideration of transfer application (1) For the purpose of considering a transfer application, the Director may initiate and have followed through the investigations the Director considers are necessary. (2) In considering the application the Director must have regard to: (a) the matters mentioned in section 25(3)(d) to (g) and (i) to (k); and (b) any matters prescribed for section 25(3A); and (c) the community impact analysis if required by section 38A; and (d) any other matters the Director considers relevant.

38C Relationship with application under Liquor Act 2019 (1) The Director must not determine a transfer application until the applicant's application under the Liquor Act 2019 for transfer of the liquor licence is determined. (2) If the application for transfer of the liquor licence is refused, the Director must refuse the transfer application if: (a) no proceedings are commenced to review the refusal within the time allowed under the Northern Territory Civil and Administrative Tribunal Act 2014; or

Gaming Machine Act 1995 35 (b) on review, NTCAT confirms the refusal and no appeal to the Supreme Court is made within the time allowed under the Northern Territory Civil and Administrative Tribunal Act 2014; or (c) on appeal from NTCAT, the Supreme Court confirms the refusal.

39 Transferee or executive officers must be at least 18 years of age The Director must refuse a transfer application: (a) if the proposed transferee is an individual and has not attained the age of 18 years; or (b) if the proposed transferee is a body corporate and the secretary or any executive officer of the body corporate has not attained the age of 18 years.

39A Determination of transfer application (1) After considering a transfer application the Director must: (a) grant the application and authorise the transfer of the licence; or (b) refuse the application. (2) As soon as practicable after making the decision, the Director must give the applicant written notice of: (3) If the Director authorises the transfer of the licence, the Director must issue to the applicant a replacement licence updated to show: (a) the applicant as the licensee; and (b) the date on which the transfer takes effect; and (c) the conditions imposed under section 33(1)(b); and (d) any other changes made to the terms and conditions of the

Gaming Machine Act 1995 36 (4) The replacement licence must comply with section 28 and include the schedule mentioned in section 29 updated as necessary. Note for section 39A When determining an application under this Division, the Director may also exercise any of the Director's other powers in relation to the licence including, for example, the power under section 34 to impose or vary conditions and the powers under Part 3, Division 3 to change the number of gaming machines authorised for use under the licence.

39B Effect of transfer (1) If the Director authorises the transfer of a transferable licence, on the date specified in the replacement licence under section 39A(3)(b): (a) the proposed transferee becomes the licensee; and (b) any other changes mentioned in section 39A(3)(d) take effect. (2) The transfer of the licence does not affect the liability of the former licensee in relation to anything that occurred before the transfer date. (3) The former licensee must deliver the former licensee's licence to the Director not later than 14 days after the transfer takes effect.

40A Director may alter gaming machines etc. (1) The Director: (a) on application made by a licensee in the form determined by the Director and on payment of the prescribed fee, may approve that a gaming machine; or (b) if the Director thinks fit to do so, may cause a gaming machine to, be altered to effect a change in the game, gaming token denomination or betting unit of the gaming machine. (2) The reasonable costs incurred by the Director under subsection (1)(b) are to be paid by the licensee whose gaming machine is altered.

Gaming Machine Act 1995 37

41 Increase in gaming machines (1) A licensee may apply to have the number of gaming machines authorised for use under the licence increased. (2) An application under subsection (1): (a) shall be made in the form determined by the Director and signed or executed in the same way as is specified in section 24(3)(b); (b) must specify the number of additional gaming machines that the applicant seeks to have authorised for use under the licence and the total number of gaming machines that would then be on the licensee's licensed premises should the application be granted; (c) where appropriate, shall be accompanied by an application under section 43; (ca) if the applicant is a club – must contain details of the extent to which the club's profits that have been allocated or distributed: (i) toward development of the club's neighbourhood; and (ii) as donations to or funding for community, recreation or service organisations operating in the club's neighbourhood, and details of the extent to which the allocation or distribution would be increased or otherwise varied if the Director were to grant the application; (cb) if section 41A applies – must be accompanied by a community impact analysis; (d) shall contain or be accompanied by such other information, application or the licensee as are determined by the Director; (e) shall be forwarded to or lodged with the Director; and (f) must be accompanied by: (i) the prescribed fee; and

Gaming Machine Act 1995 38 (ii) the prescribed levy for each additional gaming machine that the applicant seeks to have authorised for use under the licence. (3) The Director shall determine whether to grant or refuse to grant the application and, if granted, the increased number of gaming machines authorised for use under the licence. (4) In determining an application under section (1) the Director shall have regard to: (a) the increased number of gaming machines that the applicant seeks to have authorised for use under the gaming machine (b) if section 41A applies – the community impact analysis; (ba) if section 41B applies – any submissions received under the section; (c) the gross monthly profit of existing gaming machines operated on the premises; (d) the hours and days when the premises are open for the sale of liquor; (e) the size, layout and facilities of the premises together with any proposed modification or relocation of the gaming machine areas of the premises; and (f) such other matters as the Director considers are relevant. (5) If the Director increases the number of gaming machines authorised for use under a licence, the number of additional gaming machines authorised must not be greater than the number sought in the application and the total number of gaming machines that would then be on the licensed premises shall not be greater than the maximum number prescribed for the category of licensed premises to which the licensed premises the subject of the application belongs. (6) The Director may require the licensee to submit such additional information or material as the Director considers is necessary in order to make a determination under this section.

Gaming Machine Act 1995 39 (7) Where the Director, on consideration of an application under this section, considers that it should not be granted or proposes to increase the number of gaming machines authorised for use under the licence by a number that is less than that requested in the application: application or determining the increase in the number of gaming machines; and the application as the applicant thinks fit. (8) Any additional information or material submitted under subsection (6) or (7) shall be considered in making the (9) If an application under subsection (1) is refused, the Director shall as soon as practicable give the applicant written notice of, and the reasons for, the decision.

41A Community impact analysis (1) An application under section 41 must be accompanied by a community impact analysis if: (a) the number of additional gaming machines sought to be authorised for use under the licence is 5 machines or more; (b) the guidelines published by the Director under section 161A require the application to be accompanied by a community impact analysis; or (c) the Director requires the application to be accompanied by a community impact analysis. (2) A community impact analysis must be in the form approved by the Director and must provide the following details: (a) the suitability of the premises to which the application relates having regard to the size, layout and facilities of the premises; (b) the suitability of the premises to which the application relates having regard to the primary activity conducted at the (c) the suitability of the location to which the application relates having regard to the population of the local area, the proximity

Gaming Machine Act 1995 40 of the premises to other gaming venues and the proximity of the premises to sensitive areas such as schools, shopping centres, other community congregation facilities, welfare agencies, banks and pawn brokers;

41B Notice of application (1) If section 41A applies, the licensee must, within 28 days of lodging the application under section 41, publish a notice that the application has been made: (a) in a newspaper or newspapers nominated by the Director; and (b) in any other manner the Director considers suitable to publicise the application. (2) The notice must: (a) include a description in sufficient detail to identify the location of the premises to which the application relates; (b) contain details of the increased number of gaming machines sought to be authorised for use under the licence; (c) contain details of where community impact information may be obtained; (d) contain a statement that a person may make a written submission to the Director on the application within 30 days of the notice being first published in a newspaper; (e) contain any other particulars determined by the Director; and (f) be not less than a size determined by the Director.

42 Decrease in machines (1) The Director may determine that the number of gaming machines authorised for use under the licence be decreased by such number as the Director thinks fit. (1A) The Director may do so on an application under subsection (3) or on the Director's own initiative.

Gaming Machine Act 1995 41 (2) If the Director makes a determination under subsection (1), the Director shall, as soon as practicable after the determination is made, give the licensee written notice of, and the reasons for, the (3) An application to the Director under this section may be in the form of: (a) an application by a licensee that the number of gaming machines authorised for use under the licence be decreased, accompanied, where appropriate by an application under section 43; (b) a written request by the Director of the Fire and Rescue Service or the relevant local government council that the number of gaming machines authorised for use under the licence be decreased; or (c) a written report of an inspector with respect to: (i) any general change in conditions that have happened in the neighbourhood in which a licensee's licensed premises are located; (ii) any change in a licensee's circumstances; or (iii) any change in any of the matters referred to in section 25(9), since the licensee was granted a gaming machine licence and recommending that the number of gaming machines authorised for use under the licence be decreased. (4) The Director must: (a) advise the licensee by written notice of: (i) the relevant details of a request or report made under subsection (3)(b) or (c); or (ii) if the Director proposes to decrease the number of gaming machines authorised for use under a licence on the Director's own initiative – details of that proposal; and (b) invite the licensee to make a submission with respect to the request, report or proposal within such time as is specified in the notice.

Gaming Machine Act 1995 42 (4A) In determining whether to decrease the number of gaming machines authorised for use under a licence held by a club, the Director must have regard to the extent to which the club's profits have been allocated or distributed: (a) toward development of the club's neighbourhood; and (b) as donations to or funding for community, recreation or service organisations operating in the club's neighbourhood. (5) A licensee shall surrender to the Director or a person authorised in that behalf by the Director the number of gaming machines specified in a determination made under subsection (1). (6) A person to whom a gaming machine is surrendered under subsection (5): (a) is authorised to be in possession of the gaming machine in accordance with procedures approved by the Director; and (b) must not dispose of the gaming machine except in accordance with procedures approved by the Director.

Division 6 Substitution of premises or change to gaming machine areas

42A Definitions In this Division: current premises, see section 42B(1). new premises, see section 42B(1). substitution application means an application under section 42B(1).

42B Application for substitution of premises (1) A licensee may apply to have other premises (the new premises) substituted for the premises specified in the licence (the current premises) as the premises on which the licensee is licensed to conduct gaming.

Gaming Machine Act 1995 43 (2) The application must: (a) be made to the Director in the form determined by the Director; and (b) include or be accompanied by the information and material mentioned in section 42C; and (c) be signed or executed in the manner described in section 24(3)(b); and (d) be accompanied by the prescribed fee. (3) A substitution application cannot be made unless an application under the Liquor Act 2019 to approve the substitution of the proposed new premises for the premises licensed under that Act is made and approved or is still pending a decision. (4) Before making a substitution application the applicant must comply with section 24A as if the substitution application were an application for a licence for the new premises.

42C Information and material (1) A substitution application must include or be accompanied by the (a) a copy of the application under the Liquor Act 2019 for substitution of the licensed premises or evidence that it was made; (b) the information or material mentioned in section 24(3)(d)(iii), (e), (g), (j), (ka) and (ma); (c) a statutory declaration as mentioned in section 24(3)(h) (read as if subparagraph (i) had been amended to read "that the proposed locations referred to in paragraph (g) are within the new premises"); (d) a statement of the number of gaming machines that the applicant seeks to have authorised for use under the licence at the new premises (being not more than the number authorised for use under the licence at the time the application is made); (e) a community impact analysis, subject to section 42D(2); (f) details of the applicant's problem gambling risk management and responsible gambling strategies for the new premises;

Gaming Machine Act 1995 44 (g) any other information or material required by the Director. (2) The Director may require the applicant, or an associate of the applicant, to submit any additional information or material the Director considers is necessary in order to determine the substitution application. (3) Section 27(1) applies in relation to the applicant as if the substitution application were an application for a licence.

42D Community impact analysis (1) A community impact analysis for a substitution application must be in the form approved by the Director and must provide the following details: (a) the suitability of the new premises having regard to the size, layout and facilities of the premises; (b) the suitability of the new premises having regard to the primary activity conducted at the premises; (c) the suitability of the new premises having regard to the population of the local area, the proximity of the premises to other gaming venues and the proximity of the premises to sensitive areas such as schools, shopping centres, other community congregation facilities, welfare agencies, banks and pawn brokers; (2) The Director may exempt an applicant from the requirement to provide a community impact analysis if satisfied that: (a) the impact on the community of the new premises being licensed premises will be substantially similar to the impact of the current premises being licensed premises; or (b) there are exceptional circumstances that make it appropriate to not require a community impact analysis.

Gaming Machine Act 1995 45

42E Consideration of substitution application (1) For the purpose of considering a substitution application, the Director may initiate and have followed through the investigations the Director considers are necessary. (2) In considering the application the Director must have regard to: (a) the matters mentioned in section 25(3)(a) to (e); and (b) the community impact analysis, unless exempted under section 42D(2); and (c) any submissions received in response to the notice required under section 42B(4); and (d) in relation to the number of gaming machines to be authorised for use under the licence at the new premises: (i) the matters mentioned in section 25(13); and (ii) any submission made under section 42G(1)(b); and (e) any other matters the Director considers relevant. (3) Section 25(4), (5), (9)(c), (10) and (11) apply in relation to the substitution application as if it were an application for a license.

42F Relationship with application under Liquor Act 2019 (1) The Director must not determine a substitution application until the applicant's application under the Liquor Act 2019 for substitution of the licensed premises is determined. (2) If the application for substitution of the licensed premises is refused, the Director must refuse the transfer application unless: (a) no proceedings are commenced to review the refusal within the time allowed under the Northern Territory Civil and Administrative Tribunal Act 2014; or (b) on review, NTCAT confirms the refusal and no appeal to the Supreme Court is made within the time allowed under the Northern Territory Civil and Administrative Tribunal Act 2014; or (c) on appeal from NTCAT, the Supreme Court confirms the refusal.

Gaming Machine Act 1995 46

42G Decrease in number of gaming machines (1) If the Director proposes to determine a substitution application as mentioned in section 42H(1)(b), before doing so the Director must: (a) advise the applicant by written notice of the proposal; and (b) invite the applicant to make a submission with respect to the proposal within the time as is specified in the notice. (2) If a substitution application is granted and the number of machines authorised for use under the licence at the new premises is less than the number authorised immediately before the application was granted, section 42(5) and (6) apply as if the decrease in the number of machines had been effected by a determination under section 42(1).

42H Determination of substitution application (1) After considering a substitution application the Director must: (a) grant the application and authorise the substitution of premises with the licence authorising for use the number of gaming machines specified in the application; or (b) grant the application and authorise the substitution of premises with the licence authorising for use a number of gaming machines less than that specified in the application; or (c) refuse the application. (2) As soon as practicable after making the decision, the Director must give the applicant written notice of: (b) if the application is granted under subsection (1)(b) or refused – the reasons for the decision. (3) If the Director authorises the substitution of premises, the Director must issue to the applicant a replacement licence updated to show: (a) the new premises as the licenced premises; and (b) the date on which the substitution of premises takes effect; and (c) any other changes made to the terms and conditions of the

Gaming Machine Act 1995 47 (4) The replacement licence must comply with section 28 and include the schedule mentioned in section 29 updated as necessary. Note for section 42H When determining an application under this Division, the Director may also exercise any of the Director's other powers in relation to the licence including, for example, the power under section 34 to impose or vary conditions and the powers under Part 3, Division 3 to change the number of gaming machines authorised for use under the licence.

42J Effect of substitution (1) If the Director authorises the substitution of premises, on the date specified in the replacement licence under section 42H(3)(b): (a) the new premises becomes the premises on which the licensee is licensed to conduct gaming; and (b) any other changes mentioned in section 42H(3)(c) take effect. (2) The applicant must deliver the applicant's former licence to the Director not later than 14 days after the substitution of premises takes effect.

43 Modification or relocation of gaming machines areas (1) A licensee shall not, without the approval of the Director, modify or relocate the gaming machine areas of the licensee's licensed (2) An application for an approval under subsection (1) shall be (a) a plan of the premises indicating the proposed locations on the premises where it is intended to install the gaming machines; and (b) a statutory declaration declaring the matters referred to in subsection (3). (3) A statutory declaration under subsection (2)(b) shall declare that: (a) the proposed locations referred to in subsection (2)(a) are within the premises to which the licensee's liquor licence relates; and

Gaming Machine Act 1995 48 (b) the gaming machines installed in the locations will allow: (i) proper cleaning and maintenance of the gaming machines; (ii) unrestricted access to fire exits in a way that complies with the Fire and Emergency Act 1996, the Building Act 1993 and the Regulations made under those Acts; and (iii) the proper use of things provided on the premises for safety and security. (4) Where the Director, on consideration of an application under this section, considers that it should not be granted: application; and the application as the applicant thinks fit. (5) Any additional information or material submitted under subsection (4) shall be considered in making the decision. (6) Where the Director: (a) determines that the number of gaming machines authorised for use under a licence be decreased; or (b) considers that it is necessary for the proper conduct of gaming that the gaming machine areas of licensed premises be modified or relocated, the Director shall, by written notice, direct the licensee to modify or relocate the gaming machine areas of the licensee's licensed premises in accordance with the direction. (7) A licensee to whom a direction is given under subsection (6) shall not contravene or fail to comply with the direction.

Gaming Machine Act 1995 49 (8) The Director may require a licensee who has made an application under this section to submit such information as the Director considers appropriate, and the licensee shall comply with the requirement. (9) The Director may, having regard to: (a) the size, layout and facilities of the licensee's licensed (b) such other matters as the Director considers are relevant, grant or refuse to grant an application under subsection (1). (10) On and from the date of completion of a modification or relocation approved or directed under this section, the gaming machine areas of the licensed premises are as modified or relocated. (11) If an application under this section is refused, the Director shall, as soon as practicable after the application is refused, give the applicant written notice of, and the reasons for, the decision.

44 Disclosure of influential or beneficial parties (1) At the time of making an application for, or for the transfer of, a gaming machine licence, the applicant must forward to or lodge with the Director an affidavit made under this section. (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 shall, not later than 7 days after the change, forward to or lodge with the Director another affidavit under this section. (3) An affidavit under this section shall be made by the applicant or licensee or, where the applicant or licensee is a body corporate, by: (a) the principal executive officer of the body corporate; or (b) if that officer does not have knowledge of the facts, by some other person who has knowledge of the facts and who is authorised by the body corporate to make the affidavit.

Gaming Machine Act 1995 50 (4) Subject to subsection (5), an affidavit under this section shall be in the form determined by the Director and shall disclose: (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) in the case of the applicant or licensee being a natural person, by that person; or (ii) in the case of the applicant or licensee being 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; (b) whether or not there is any person other than the applicant or licensee who by any lease, agreement or arrangement (other than a contract, agreement or other arrangement entered into for the purposes of this Act or the Regulations and approved by the Director) may expect any benefit from the applicant or licensee in relation to the conduct of gaming by the applicant or licensee; (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 a natural person, the person's full name, address and date of birth; (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; (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; (B) the full name, address and date of birth of the secretary and each executive officer of the club or voluntary association of persons;

Gaming Machine Act 1995 51 (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 (within the meaning of section 9 of the Corporations Act 2001) in the body corporate. (5) An affidavit under this section need not disclose anything that is prescribed for the purposes of this subsection.

45 Investigation of licensees and associates (1) At any time while a gaming machine licence is in force the Director may cause to be undertaken such investigations as the Director considers are necessary in order to be satisfied that the licensee or any associate of the licensee is a fit and proper person to be a licensee or an associate of the licensee. (2) The Director may require a person to whom investigations under subsection (1) relate to submit such information or material as the Director considers necessary. (3) A person shall not contravene or fail to comply with a requirement of the Director given under subsection (2).

46 Cessation or commencement of executive officer or secretary If an applicant under section 24 or 37C or a licensee is a body corporate, the body corporate shall notify the Director, in the form determined by the Director: (a) that a person has ceased to be the secretary or an executive officer of the body corporate; (b) that a person has commenced as the secretary or an executive officer of the body corporate; and

Gaming Machine Act 1995 52 (c) the full name, address and date of birth of any person referred to in paragraph (b), not later than 7 days after the cessation or commencement.

47 Surrender of gaming machine licences (1) A licensee may surrender the licensee's gaming machine licence by forwarding to or lodging with the Director the licence and a notification in the form determined by the Director. (1A) As soon as the licensee's gaming machine licence and the notification is forwarded to or lodged with the Director, the licensee must cease operating all gaming machines on the licensee's Maximum penalty: 2 500 penalty units. (2) A notification under subsection (1) shall be signed or executed in the same way as that specified for an application made under section 24(3)(b). (3) The Director may require a licensee surrendering a gaming machine licence under this subsection to submit such information or material in relation to the licence as the Director thinks fit. (4) The licensee shall not contravene or fail to comply with a requirement of the Director given under subsection (3). (5) The Director must, as soon as practicable after receiving a gaming machine licence and notification under subsection (1): (a) remove all gaming machines from the licensee's licensed (b) approve the method of removing the gaming machines and the method of disposing of those machines. (6) The surrender of a gaming licence takes effect when it is accepted by the Director or at a later time determined by the Director.

Gaming Machine Act 1995 53 (7) Before accepting the surrender of a gaming machine licence, the Director must consider whether the licensee has complied with all financial and legal obligations under the licence and may refuse to accept the surrender until all of those obligations have been complied with.

48 Cancellation or suspension of gaming machine licences in certain circumstances If the liquor licence for premises licensed under this Act is: (a) cancelled, transferred or surrendered, the gaming machine licence for the premises is cancelled; or (b) suspended, the gaming machine licence for the premises is suspended for the same period as the liquor licence is suspended.

49 Cancellation, suspension, etc. of gaming machine licences (1) A ground for cancellation or suspension of a gaming machine licence arises if: (a) the licensee: (i) ceases to use the licensed premises for the conduct of gaming; (ii) obtained the licence on false, erroneous or misleading information; (iii) acquires, installs, uses or otherwise deals with a gaming machine in contravention of this Act; (iv) fails to comply with a provision of Part 8; (v) fails to comply with a condition to which the licence is subject; (vi) fails to forward or lodge an affidavit in accordance with section 44(2); or (vii) fails to comply with section 39(5)(a); (b) the licensee or an associate of the licensee:

Gaming Machine Act 1995 54 (iii) fails to discharge the licensee's or associate's financial commitments, becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; judicial management or administration; (v) fails to comply with a written direction given to the licensee or associate under this Act; or material that to the knowledge of the licensee or associate is false, erroneous or misleading in a material particular; or (c) the Director: (i) considers that the licensee has not made all reasonable efforts to comply with section 112; (ii) considers that the licensee has not made all reasonable efforts to enforce rules required to be enforced under section 90; (iii) considers that the licensee or an associate of the licensee is not a fit and proper person in respect of financial stability, general reputation, character or business reputation to be a licensee or to be an associate of the licensee; (iv) becomes aware of any information or matter that, had it been known when the application for the licence, or for the transfer of the licence to the licensee, was being considered, may have resulted in the application being refused; (v) considers, if the licensee is a club: (A) that the club has ceased to be a non-proprietary club; (B) that the proceeds from the conduct of gaming are being applied in a way that does not promote the objectives of the club;

Gaming Machine Act 1995 55 (C) that payments for the rental or lease of the club's licensed premises are unreasonable; (D) if a lease, agreement or arrangement made by the club provides that a person or voluntary association of persons is entitled to receive, or may receive, a payment, benefit or advantage during, or at the end of, the lease, agreement or arrangement, that the provision is unreasonable; (E) if members of the executive, governing or management body (however described) of the club are required to be nominated, or may be nominated, by a person who is not a member of the club or by a voluntary association of persons, that this is not in the best interests of the club's members; (F) if the club does not own the club's licensed premises and an executive officer or employee of the club is also the lessor, or an associate of the lessor, of the club, that this is not in the best interests of the club's members; (G) if an executive officer or employee of the club is a creditor, or an associate of a creditor, of the club, that this is not in the best interests of the club's members; (H) that payments made under the club's objects are not in the best interests of the club's members; (J) that payments made for things purchased by the club are unreasonable; (K) that salaries, wages, allowances or benefits paid or payable by the club to the club's executive officers or employees are unreasonable; or (M) that payments for services provided to the club are unreasonable or are on the basis of a percentage of the club's income, profits or earnings from the conduct of gaming or spending related to the conduct of gaming; (vi) considers that there has been an unauthorised interference (whether by the licensee or someone else) with an electronic monitoring system installed on the licensee's licensed premises; or

Gaming Machine Act 1995 56 (vii) considers that the financial circumstances of the licensee have changed since the granting of the licence and that the licensee is no longer financially viable. (2) Where the Director is of the opinion that any act, omission or other thing that constitutes a ground under subsection (1) is of such a affected, the Director shall issue to the licensee a written notice to show cause why action should not be taken with respect to the gaming machine licence under this section. (4) The Director shall issue a copy of a notice issued under this section to any other person whom the Director considers has an interest in the gaming machine licence. (5) A notice issued under this section shall set out the grounds giving rise to its issue and shall specify a date, being not earlier than 7 days after its issue, on or before which cause is required to be shown. (6) Subject to this section, a notice under this section shall be in such form and contain such matters as the Director thinks fit. (7) A person to whom a notice under this section is issued may give a written answer to the Director at any time not later than the date specified in the notice. (8) A person to whom a copy of a notice is issued under subsection (4) may make such submissions to the Director as the person thinks fit at any time not later than the date specified in the notice. (9) The Director shall consider answers given in reply to the notice to show cause under subsection (7) and submissions made under subsection (8) and, if the Director considers that: (a) answers given or submissions made in reply to or in respect of the notice are satisfactory, the Director shall not take any action or any further action in relation to the notice; (b) answers given or submissions made in reply to or in respect of the notice are not satisfactory but action to cancel or suspend the gaming machine licence is not warranted, the Director may issue a letter of censure to the licensee, censuring the licensee in respect of any matter connected with or giving rise to the notice to show cause;

Gaming Machine Act 1995 57 (c) answers given or submissions made in reply to, or in respect of, the notice are not satisfactory or, if no answers are given and no submissions are made, the Director may: (i) by written notice give such directions to the licensee as the Director considers appropriate to ensure that any matter connected with, or giving rise to, the issue of the notice is rectified within the time specified in the notice; or (ii) cancel, or suspend for such period as the Director determines, the gaming machine licence. (10) If a direction given by the Director under subsection (9)(c) is not complied with within the time specified in the notice, the Director may cancel or suspend the gaming machine licence. (11) Where the Director is of the opinion that any act, omission or other thing that constitutes a ground under subsection (1) is not of such a affected, the Director may by letter censure the licensee in respect of any matter connected with or giving rise to the ground. (13) If the Director cancels or suspends a gaming machine licence, the Director shall, as soon as practicable after the licence is cancelled or suspended, give the licensee written notice of, and the reasons for, the cancellation or suspension. (14) The cancellation or suspension of a licence under this section takes effect from the date of the issue of the notice under subsection (13) or from another date specified in the notice. (15) On receipt of a notice of cancellation under subsection (13), the person to whom the notice is addressed shall deliver the licence to the Director not later than 14 days after receiving the notice. (16) The Director may: (a) revoke the suspension in respect of the unexpired period of suspension; or (b) reduce the period of suspension, imposed under this section.

Gaming Machine Act 1995 58

50 Suspension of gaming machine licence pending decision (1) Where the Director is of the opinion that an act, omission or other thing that constitutes a ground under section 49(1) is of such a is jeopardised or the public interest is adversely affected, the Director may suspend the gaming machine licence until any action taken, or to be taken, under section 49 is finally determined. (2) Where the Director suspends a gaming machine licence under subsection (1), the Director shall, as soon as practicable after the licence is suspended, give the licensee written notice of, and the reasons for, the suspension. (3) The suspension of a gaming machine licence under this section takes effect from when the notice referred to in subsection (2) is given to the licensee or the suspension of the licence is made known to the licensee (whichever is the first to happen).

51 Effect of suspension of licence The suspension of a gaming machine licence under section 48, 49 or 50 has the same effect as the cancellation of the licence but without prejudice to: (a) any penalty or other liability incurred by the licensee; or (b) the exercise of the powers of the Director or an inspector.

52 Gaming machines not to be played Where a gaming machine licence is issued to a person and the licence is not in force, that person shall not play, or knowingly permit any other person to play, gaming machines provided to that person.

53 Recovery of gaming machines etc. (1) The cancellation or surrender of a gaming machine licence does not affect: (a) the force or effect of the conditions of licence in respect of any amounts that are payable at the time of cancellation or surrender or which become payable; or

Gaming Machine Act 1995 59 (b) the recovery of debts due under this Act to the Territory. (2) A person who held a gaming machine licence that is cancelled shall provide all reasonable assistance to the Director, or any person acting on behalf of or approved by the Director, to enable the removal of any gaming equipment or ancillary or related property from the premises to which the licence related.

54 Appointment of administrator instead of suspension (1) Without limiting section 49 or 50, the Director may, in respect of a club, instead of suspending a gaming machine licence under section 49 or 50, appoint a person to administer the affairs of the club. (2) A person appointed under subsection (1) has, to the exclusion of any other person or body of persons, the powers of the secretary and executive officers of the club until the Director orders otherwise.

55 Expenses of administration (1) The expenses of and incidental to the administration of the affairs of a club by a person appointed under section 54 are payable by the club. (2) The remuneration of a person appointed under section 54 is an expense referred to in subsection (1) and shall be fixed by the

56 Liability for losses incurred during administration (1) A person appointed by the Director to administer the affairs of a club is not liable for any loss incurred by the club during the person's term of office unless the loss was attributable to the person's: (a) wilful misconduct; (b) gross negligence; or (c) wilful failure to comply with the provisions of this Act. (2) Neither the Territory nor the Director is liable for any loss incurred by a club during the term of office of a person appointed under section 54 to administer the affairs of the club, whether or not the person is liable.

Gaming Machine Act 1995 60

Part 4 Licensing of repairers, service contractors, monitoring providers and machine managers

57A Application The following are licences under this Part: (a) a repairer's licence referred to in section 58; (b) a service contractor's licence referred to in section 59; (c) a monitoring provider's licence referred to in section 59A; (d) a machine manager's licence referred to in section 60.

58 Repairers (1) A person must not install, alter, adjust, maintain or repair gaming equipment unless the person: (a) is authorised under a repairer's licence to install, alter, adjust, maintain or repair the equipment; and (b) installs, alters, adjusts, maintains or repairs the equipment on behalf of: (i) a licensed service contractor who is the service contractor under a service contract with the licensee in respect of the equipment; or (ii) a licensed monitoring provider who is the monitoring provider under an agreement with the licensee to provide a basic monitoring service and the agreement includes the installation, alteration, adjustment, maintenance or repair of the equipment. (2) Subsection (1) does not apply in relation to installations, alterations, adjustments, maintenance or repairs that are prescribed.

Gaming Machine Act 1995 61

59 Service contractors (1) A person must not enter into a service contract with a licensee in respect of gaming equipment on the licensee's licensed premises unless the person is authorised under a service contract licence to enter into the contract and the Director has approved the terms of the service contract. (2) A licensee must not enter into a service contract with a person in respect of gaming equipment on the licensee's licensed premises unless the person is authorised under a service contract licence to enter into the contract and the Director has approved the terms of the service contract. (3) A licensed service contractor must not subcontract any of the obligations of the licensed service contractor under a service contract to another person unless the other person is authorised under a service contract licence or repairer's licence to undertake those obligations. (4) A licensed service contractor or licensed repairer to whom any of the obligations of a licensed service contractor under a service contract have been subcontracted must not further subcontract those obligations. (5) A licensed service contractor must not employ a person to install, alter, adjust, maintain or repair gaming equipment unless the person is authorised under a repairer's licence to install, alter, adjust, maintain or repair the equipment. (6) Where: (a) a licensed service contractor proposes to carry out work under a service contract on gaming equipment on a licensee's licensed premises; and

Gaming Machine Act 1995 62 (b) the proposed work may affect the operation of electronic monitoring equipment used to provide a basic monitoring service in respect of the gaming equipment, the licensed service contractor: (c) must notify the licensed monitoring provider who provides the basic monitoring service in respect of the gaming equipment of the proposed work; and (d) must not carry out the proposed work without the approval of the Director or the licensed monitoring provider.

59A Monitoring providers (1) A person must not enter into an agreement with a licensee to provide a basic monitoring service in respect of gaming equipment on the licensee's licensed premises unless the person is authorised under a monitoring provider's licence to enter into the agreement and the Director has approved the terms of the agreement. (2) A licensee must not enter into an agreement with a person to provide a basic monitoring service in respect of gaming equipment on the licensee's licensed premises unless the person is authorised under a monitoring provider's licence to enter into the agreement and the Director has approved the terms of the agreement. (3) A licensed monitoring provider must not enter into an agreement with a licensee to provide a basic monitoring service in respect of gaming equipment on the licensee's licensed premises if any of the gaming machines on the premises are provided by the Director.

Gaming Machine Act 1995 63 (4) The licensed monitoring provider under an agreement to provide a basic monitoring service must not provide additional services (for example, the installation, alteration, adjustment, maintenance or repair of gaming equipment that is not electronic monitoring equipment) unless those additional services are approved by the (5) A licensed monitoring provider must not: (a) employ a person to install, alter, adjust, maintain or repair gaming equipment; or (b) subcontract to a person any of the licensed monitoring provider's obligations to install, alter, adjust, maintain or repair gaming equipment under an agreement to provide a basic monitoring service, unless the person is authorised under a repairer's licence to install, alter, adjust, maintain or repair the equipment. (6) A licensee who does not enter into an agreement with a licensed monitoring provider to provide a basic monitoring service in respect of gaming equipment on the licensee's licensed premises commits an offence. (7) Subsection (6) does not apply to a licensee if the gaming equipment is provided by the Director. (8) The Director must enter into an agreement on behalf of the Territory with a licensed monitoring provider to provide a basic monitoring service in respect of gaming equipment on a licensee's licensed premises that is provided by the Director.

60 Machine managers (1) Subject to subsections (4) and (6), duties that are prescribed shall be carried out only by a licensed machine manager employed under subsection (3) to carry out the duties in respect of the

Gaming Machine Act 1995 64 (2) Subject to subsections (4) and (6), a person shall not: (a) employ or allow; or (b) cause another person to employ or allow, a person who is not a licensed machine manager employed under subsection (3) in respect of the particular licensed premises to carry out the duties prescribed for the purposes of subsection (1). (3) Subject to subsection (4), a licensee shall ensure at all times in respect of each of the licensee's licensed premises that there is at least one licensed machine manager employed by the licensee to carry out the duties prescribed for the purposes of subsection (1). (4) If a licensee is unable to comply with subsection (3), the licensee, with the approval of the Director, may employ a sufficient number of persons (who are applicants for a machine manager's licence) so that there is at least one person who is a licensed machine manager or an applicant for a machine manager's licence to carry out the duties prescribed for the purposes of subsection (1) in respect of each of the licensee's licensed premises. (5) Subject to subsection (6), a licensee shall ensure that at all times when gaming is being conducted on the licensee's licensed premises there is in attendance on the premises at least one licensed machine manager employed by the licensee under subsection (3) or an applicant for a machine manager's licence employed by the licensee under subsection (4) in respect of the (6) If a licensee is unable to comply with subsection (5), the licensee may, with the written approval of the Director, employ a person to carry out the duties prescribed for the purposes of subsection (1) for a period of not more than 7 days.

Gaming Machine Act 1995 65 (7) Until a licensee is able to comply with subsection (5) or obtains the Director's approval under subsection (6), the licensee shall cease the conduct of gaming on the licensee's licensed premises.

61 Certain persons to apply for machine manager's licence (1) Where the Director considers that a person connected with, or who is an employee of, a licensee: (a) has the power to exercise a significant influence over the conduct of gaming by the licensee; or (b) because of that person's remuneration or policy making position or other reason, exercises or is able to exercise authority of such a nature or to such an extent in respect of the conduct of gaming by the licensee as to make it desirable in the public interest that that person be a licensed machine manager, the Director shall, by written notice, require that person to apply for a machine manager's licence not later than 7 days after the receipt by that person of the notice. (2) The Director shall cause a copy of a notice under subsection (1) to be served on the licensee. (3) A person who fails to comply with a notice under subsection (1) and continues to be connected or employed as referred to in that subsection is guilty of an offence. (4) Where a person fails to comply with a notice under subsection (1) and continues to be connected or employed as referred to in subsection (1), the Director shall cause a written notice of the failure to be served on the licensee. (5) The licensee shall, immediately a notice under subsection (4) is served, notwithstanding any other Act or law, terminate the connection with or employment of the person.

Gaming Machine Act 1995 66 (6) If the Director refuses to grant an application made by a person referred to in subsection (1): (a) the person shall, on receipt of notification of the refusal, cease to be connected or employed as referred to in subsection (1); and (b) the licensee, on receipt of the notification of the refusal, shall terminate the connection or employment. (7) A licensee does not incur any liability in respect of the termination under this section of any connection or employment referred to in

62 Applications for licence under this Part (1) An application for the grant of a licence under this Part: (a) shall be made in the form determined by the Director; (b) shall be signed by the applicant or, in the case of an application by a body corporate, shall be executed under the common seal of the body corporate and signed by 2 executive officers of the body corporate authorised in that behalf by the body corporate or in such other way as the Director allows; (c) shall state the full name, address and date of birth of the applicant or, in the case of an application by a body corporate, the full name, address and date of birth of the secretary and each executive officer of the body corporate; (d) in the case of an application for a repairer's or machine manager's licence, shall be accompanied by photographs of the applicant, of such type and number, and certified, as determined by the Director; (e) in the case of an application by a body corporate, shall be (i) a copy of the certificate of incorporation of the body corporate; (ii) a copy of the rules, constitution or other incorporating documents in force at the time of making the application certified as a true copy by the secretary of the body corporate or other person properly authorised in that

Gaming Machine Act 1995 67 behalf by the body corporate; (iii) a copy of the resolution or minute of the proceedings of the governing body of the body corporate by which approval was given to the making of the application, certified as a true copy by the person certifying the copy of the matters referred to in subparagraph (ii); and (iv) a copy of the last audited balance sheet or statement of the financial affairs of the body corporate; (f) in the case of an application for a repairer's, service contractor's or monitoring provider's licence, shall be accompanied by an affidavit under section 74; (g) shall contain or be accompanied by such other information, application and applicant as determined by the Director; (h) shall be forwarded to or lodged with the Director; and (j) shall be accompanied by the prescribed fee. (2) It is a condition precedent to consideration of an application for a repairer's or machine manager's licence that the applicant is agreeable to the applicant's fingerprints and palm prints being taken by or on behalf of the Director. (3) An application for a service contractor's or monitoring provider's licence may be made only by a body corporate.

63 Changes in circumstances of applicants for and holders of licences (1) Where a person applies for a licence under this Part and, before the application is granted or refused, there is: (a) a change in the information in, or accompanying, the application or in a notice under this subsection; or (b) any other change in the circumstances of the applicant that may affect the decision whether to grant or refuse the application, the applicant must give the Director written notice of the change within 7 days after the change.

Gaming Machine Act 1995 68 (2) If, after the grant of a licence under this Part, an event referred to in subsection (3) happens, the holder of the licence shall, not later than 7 days after the happening of the event, give the Director written notice of the event. (3) The events required to be notified under subsection (2) are: (a) the holder of the licence changes name or address; or (b) the holder of the licence: (iii) if the holder is an individual, fails to discharge his or her financial commitments, becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws about bankruptcy; or (iv) if the holder is a body corporate, is the subject of a winding-up (whether voluntarily or under a court order), appointment of a liquidator, appointment of a receiver or receiver and manager, or is placed under judicial management or administration.

64 Consideration of application (1) On receiving an application for a licence under this Part, and compliance by the applicant with this Part in relation to the application, the Director shall: (a) if the application is for a repairer's or machine manager's licence, cause the fingerprints and palm prints of the applicant to be taken; (b) initiate and have followed through such investigations as the Director considers are necessary in relation to the application; and (c) consider the application and anything accompanying it together with the results of investigations made under paragraph (b) and make an assessment of: (i) if the applicant is a natural person, the financial stability, general reputation and character of the applicant;

Gaming Machine Act 1995 69 (ii) if the applicant is a body corporate, the business reputation and financial stability of the body corporate and the general reputation, financial stability and character of the secretary and executive officers of the body corporate; (iii) if any person is referred to in an affidavit under section 74, whether that person is a fit and proper person to be an associate of the applicant; (iv) if the Director considers it appropriate, whether any other associate of the applicant is a fit and proper person to be an associate of the applicant; and (v) whether the applicant is a fit and proper person to be a holder of the licence for which application is made. (1A) In considering an application for a licence under this Part, the Director must have regard to the matters (if any) that are (2) The Director shall not grant a licence if: (a) the applicant is an individual, the applicant has not attained the age of 18 years or has failed to have fingerprints and palm prints taken under subsection (1)(a) or section 62(2); (b) the applicant is a body corporate, the secretary or any of the executive officers of the body corporate has not attained the age of 18 years; (c) the applicant or an associate of the applicant has failed to submit information or material requested by the Director under subsection (3); or (d) subject to the Criminal Records (Spent Convictions) Act 1992 – the applicant has been found guilty of an offence: (i) involving dishonesty since he or she attained the age of 18 years; (ii) against this Act; or (iii) that is punishable, on conviction, by a maximum penalty of not less than 5 years imprisonment.

Gaming Machine Act 1995 70 (3) The Director may require an applicant for a licence under this Part, or an associate of the applicant, to submit such additional information or material as the Director considers is necessary in order to make a decision in respect of the application. (4) Where: (a) an application for a repairer's or machine manager's licence is refused; or (b) a person ceases to be a licensed repairer or licensed machine manager, fingerprints and palm prints of the applicant or person taken under subsection (1)(a), in respect of that application or licence, are to be destroyed as soon as practicable.

65 Grant or refusal to grant licence (1) Subject to this Act, the Director may grant or refuse to grant a licence under this Part to an applicant. (2) The Director shall as soon as practicable give an applicant written notice of: (a) the Director's decision; and (3) Where the Director has given an approval under section 60(4), the Director shall give a copy of a notice under subsection (2) to the licensee to whom the approval was granted.

66 Form of licence A licence under this Part shall be in the form determined by the Director and shall: (a) specify the name of the holder of the licence; (b) contain, in the case of a repairer's licence or machine manager's licence, a photograph of the holder of the licence; (c) specify the expiry date of the licence; (d) specify the conditions imposed under section 69; and (e) specify such other particulars as determined by the Director.

Gaming Machine Act 1995 71

67 Issue of copy of licence (1) Where the Director is satisfied that a licence under this Part has been damaged, lost or destroyed, the Director may, on payment of the prescribed fee, issue to the holder of the licence a copy of the (2) A copy of a licence issued under subsection (1) has, for all purposes, the same effect as the original licence of which it is a copy.

68 Term of licences (1) Subject to this Act, the term of a licence under this Part is for: (a) the period that is prescribed in respect of the licence, which period may be shorter or longer than 5 years; or (b) if no period is prescribed in respect of the licence – 5 years. (2) A licence under this Part may be renewed.

69 Conditions of licence A licence under this Part is subject to: (a) the conditions (if any ) that are prescribed; and (b) the conditions (including as varied under section 70) the Director may impose in the public interest or for the proper conduct of gaming at the time of granting the licence or under section 70.

70 Variation of condition of licence (1) The Director, in the public interest or for the proper conduct of gaming, may, after granting a licence under this Part: (a) impose conditions or further conditions on the licence; or (b) vary the conditions of the licence. (2) Where the Director imposes or varies conditions under subsection (1), the Director shall give the holder of the licence written notice of: (a) the conditions or varied conditions; and (b) reasons for the imposition or variation.

Gaming Machine Act 1995 72 (3) A condition imposed or varied under this section has effect from the date specified in the notice given under subsection (2). (4) A holder of a licence shall, not later than 14 days after being given a notice under subsection (2), deliver the licence to the Director. (5) The Director shall, on receiving a licence under subsection (4), endorse the licence with the conditions imposed or varied and return the licence to the holder.

71 Renewal of licences (1) A holder of a licence under this Part may apply to the Directorl for renewal of the licence. (2) An application under subsection (1) shall: (a) be in the form determined by the Director; (b) in the case of a repairer's or machine manager's licence, be accompanied by photographs of the applicant of such type and number as determined by the Director; (c) be accompanied by the prescribed fee; (d) be made, unless the Director otherwise allows, not less than one month before the expiration of the licence; (e) in the case of an application by a body corporate, be accompanied by a list of the names, addresses and dates of birth of: (i) the secretary of the body corporate; (ii) the executive officers of the body corporate; and (iii) all other persons who have been the secretary or an executive officer of the body corporate since the licence was granted or last renewed; and (f) in the case of a repairer's or service contractor's licence, be accompanied by an affidavit under section 74. (3) If the Director considers that special circumstances exist, the Director may extend the term of a licence under this Part, or renewal of the licence, for not more than one month from the date of its expiration to allow the holder of the licence to comply with this section.

Gaming Machine Act 1995 73 (4) During the period of an extension under subsection (3), the licence has the same effect as if it had been renewed. (5) Subject to subsection (5A), if a licensee complies with this section, the Director shall renew the licence commencing on: (a) the day after its last expiry; or (b) the day it would have last expired apart from its extension under subsection (3). (5A) The Director must not renew a service contractor's or monitoring provider's licence unless the terms of the licence holder's service contracts or agreements to provide a basic monitoring service are satisfactory to the Director (whether those terms have remained the same since the licence was granted or last renewed or have been re-negotiated). (6) If an application under subsection (1) is refused, the Director shall, as soon as practicable after the decision, give the applicant written notice of, and the reasons for, the decision.

72 Licences not to be transferred A licence under this Part cannot to be transferred.

73 Display of repairer's licence A licensed repairer shall, at all times whilst installing, altering, adjusting, maintaining or repairing gaming equipment on licensed premises, display the licensed repairer's licence on his or her person in such way as to be visible to other persons unless the licence at any material time is in the possession of the Director.

74 Disclosure of influential or benefiting parties (1) At the time of making an application for: (a) a repairer's, service contractor's or monitoring provider's licence, the applicant; or (b) a renewal of a repairer's, service contractor's or monitoring provider's licence, the licensed repairer, licensed service contractor or licensed monitoring provider, shall forward to or lodge with the Director an affidavit made under this section.

Gaming Machine Act 1995 74 (2) An applicant or holder of a licence 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 holder of the licence shall, not later than 7 days after the change, forward to or lodge with the Director another affidavit under this section. (3) An affidavit under this section shall be made by the applicant or holder of the licence or, where the applicant for or holder of the licence is a body corporate, by the principal executive officer of the body corporate or, if that officer does not have knowledge of the facts, by some other person who has knowledge of the facts and who is authorised by the body corporate to make the affidavit. (4) Subject to subsection (5), an affidavit under this section is to be in the form determined by the Director and shall disclose: (a) whether or not there is any person (other than, where the applicant or holder of the licence 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) in the case of the applicant or holder of the licence being a natural person – by that person; or (ii) in the case of the applicant or holder of the licence being a body corporate – by the body corporate or the secretary or an executive officer of the body corporate, in relation to the performance of the general functions that are, or are to be, permitted by the licence; (b) whether or not there is any person other than the applicant or holder of the licence who by any lease, agreement or arrangement may expect any benefit from the applicant or holder in relation to the performance of the general functions that are, or are to be, permitted by the licence;

Gaming Machine Act 1995 75 (c) if there is any person able to influence as referred to in paragraph (a) or expect a benefit as referred to in paragraph (b): (i) where any such person is a natural person, the person's full name, address and date of birth; (ii) where any such person is a body corporate, 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) full and correct particulars of the lease, agreement or arrangement; and (d) in the case of the applicant or holder of the licence being a body corporate – the names of all persons who have a substantial holding (within the meaning of section 9 of the Corporations Act 2001) in the body corporate. (5) An affidavit under this section need not disclose: (a) anything about a contract, agreement or other arrangement entered into for the purposes of this Act or the Regulations and approved by the Director; or (b) anything that is prescribed for the purposes of this subsection.

75 Investigation of holder of licence and associates (1) At any time while a licence under this Part is in force, the Director may cause to be undertaken such investigations as the Director considers are necessary in order to be satisfied that the holder of the licence is a fit and proper person to be a holder of a licence under this Part. (2) The Director may require a person to whom an investigation under subsection (1) relates to submit such information or material as the Director considers is necessary. (3) A person shall comply with and not contravene a requirement of the Director given under subsection (2).

Gaming Machine Act 1995 76

76 Cessation or commencement of executive officer or secretary A licensed service contractor or licensed monitoring provider shall notify the Director in the form determined by the Director: (a) that a person has ceased to be the secretary or an executive officer of the body corporate; (b) that a person has started as the secretary or an executive officer of the body corporate; and (c) the full name, address and date of birth of a person referred to in paragraph (b), not later than 7 days after ceasing or starting.

77 Notification of employment and agreements (1) In this section: employer means a licensed service contractor or licensed monitoring provider. (2) An employer shall: name, and licence number under this Act, of each person employed by the employer as a licensed repairer at the time of the (3) An employer shall, not later than 7 days: (a) after employing a person as a licensed repairer; or (b) after a person ceases to be employed by the employer as a licensed repairer,

Gaming Machine Act 1995 77 name, and licence number under this Act, of the person together with the name, and licence number under this Act, of each person employed by the employer as a licensed repairer at the time of the (4) An employer shall: name, and licence number under this Act, of each person with whom the employer has a service contract at the time of the (5) An employer shall, not later than 7 days after making or terminating a service contract, notify the Director in the form determined by the Director of the name, and licence number under this Act, of the other party to the service contract together with the name and licence number under this Act, of each person with whom the employer has a service contract at the time of the notification. (6) A licensee shall: notify the Director in the form determined by the Director of: (c) the name and licence number under this Act of each licensed machine manager employed under section 60(3) in respect of of the notification; and (d) the name of each person who is an applicant for a machine manager's licence, employed under section 60(4) in respect of of making the notification.

Gaming Machine Act 1995 78 (7) A licensee shall not later than 7 days after: (a) employing a licensed machine manager under section 60(3); or (b) a person ceasing to be employed by the licensee under section 60(3) or 60(4), notify the Director in the form determined by the Director of: (c) the name of the licensed machine manager or person and the licence number under this Act of the licensed machine manager; (d) the name and licence number under this Act, of each licensed machine manager employed under section 59(3) in respect of of the notification; and (e) the name of each person who is an applicant for a machine manager's licence employed under section 60(4) in respect of of the notification. (8) If it becomes known to an employer that a person employed by the employer as a licensed repairer is not a licensed repairer, the employer shall immediately terminate the employment of the person as a licensed repairer. (9) If it becomes known to the Director or a licensee that a person with whom the Director or licensee has made a service contract is not a licensed service contractor, the Director or licensee shall immediately terminate the service contract. (10) If it becomes known to a licensed service contractor that: (a) a person (other than the Director) with whom the service contractor has made a service contract is not a licensee; or

Gaming Machine Act 1995 79 (b) a person to whom the licensed service contractor has subcontracted any of the licensed service contractor's obligations under a service contract is not a licensed service contractor or licensed repairer, the licensed service contractor must immediately terminate the service contract or subcontract, as the case may be. Maximum penalty: 100 penalty units or imprisonment for (11) If it becomes known to a licensee that: (a) a person employed by the licensee under section 60(3) is not a licensed machine manager; or (b) the application of a person employed by the licensee under section 60(4) has been refused, the licensee shall immediately terminate the employment of the person under section 59(3) or (4). (12) Subsection (8), (9), (10) or (11) is sufficient authority to terminate the employment or service contract referred to in the subsection, notwithstanding any other Act or law. (13) No right of action arises against any person because of the termination.

78 Surrender of licence (1) The holder of a licence under this Part may, at any time, by forwarding to or lodging with the Director notification in the form determined by the Director, and the licence under this Part, surrender the licence. (2) Notification under subsection (1) shall be signed or executed in the same way as that specified for an application made under section 62(1)(b). (3) The holder of a repairer's, service contractor's or monitoring provider's licence is not entitled to surrender the licence unless the holder has given the Director the following period of notice: (a) for a repairer's or service contractor's licence – 30 days; (b) for a monitoring provider's licence – 90 days.

Gaming Machine Act 1995 80 (4) The surrender of a licence under this Part takes effect when it is accepted by the Director or at a later time determined by the (5) The Director may refuse to accept the surrender of a licence under this Part until the conditions specified by the Director for the surrender have been met. (6) If a service contractor's or monitoring provider's licence is being surrendered, the conditions specified under subsection (5) may include a condition that the holder of the licence has complied with all of its obligations under a service contract or an agreement to provide a basic monitoring service. (7) If a repairer's, service contractor's or monitoring provider's licence is being surrendered, as soon as practicable after forwarding to or lodging with the Director the licence and notification under subsection (1), the holder of the licence must dispose of all gaming equipment and restricted components in the holder's possession in the manner approved by the Director. (8) If a service contractor's or monitoring provider's licence is being surrendered the following apply: (a) the obligations of the holder of the licence to a licensee under a service contract or an agreement to provide a basic monitoring service continue in force until the surrender takes effect unless the Director determines otherwise; (b) the obligations of a licensee to the holder of the licence under a service contract or an agreement to provide a basic monitoring service cease on the day on which the licence and notification are forwarded to or lodged with the Director under

79 Cancellation or suspension of licence (1) A ground for cancellation or suspension of a licence under this Part arises if: (a) the holder of the licence: (i) obtained the licence on false, erroneous or misleading information; (ii) fails to comply with a condition to which the licence is subject; or

Gaming Machine Act 1995 81 (iii) fails to forward or lodge an affidavit in accordance with section 74(2); (b) the holder of the licence or an associate of the holder: (iii) fails to discharge the holder's or associate's financial commitments, becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; judicial management or administration; (v) fails to comply with a written direction given to the holder or associate under this Act; or material that to the knowledge of the holder or associate is false, erroneous or misleading in a material particular; or (c) the Director: (i) considers that the holder of the licence or an associate of the holder is not a fit and proper person in respect of financial stability, general reputation, character or business reputation to be a holder of a licence or to be an associate of the holder of a licence; or (ii) becomes aware of any information or matter that, had it been known when the application for the licence was being considered, the decision under section 65 may have been that the licence be refused. (2) Where the Director is of the opinion that any act, omission or other thing that constitutes a ground under subsection (1) is of such a affected, the Director shall issue to the holder of the licence a written notice to show cause why action should not be taken with respect to the licence under this section.

Gaming Machine Act 1995 82 (3) The Director shall issue a copy of a notice issued under this section to any other person whom the Director considers has an interest in the licence. (4) A notice issued under this section shall set out the grounds giving rise to its issue and shall specify a date, being not earlier than 7 days after its issue, on or before which cause is required to be shown. (5) Subject to this section, a notice under this section shall be in such form and contain such matters as the Director thinks fit. (6) A person to whom a notice under this section is issued may give a written answer to the Director at any time not later than the date specified in the notice in that respect. (7) A person to whom a copy of a notice is issued under subsection (3) may make such submissions to the Director as the person thinks fit at any time not later than the date specified under subsection (4). (8) The Director shall consider answers given in reply to a notice to show cause and any submissions made under subsection (7) and, if the Director considers that: (a) satisfactory answers are given or submissions made in reply to or in respect of the notice, the Director shall not take any action or any further action in relation to the notice; (b) answers given or submissions made in reply to or in respect of the notice are not satisfactory but action to cancel or suspend the licence is not warranted, the Director may issue a letter of censure to the holder of the licence, censuring the holder of the licence in respect of any matter connected with or giving rise to the notice to show cause; (c) answers given or submissions made in reply to or in respect of the notice are not satisfactory and further action is warranted or if no answers are given and no submissions are made, the Director may: (i) by written notice give such directions to the holder of the licence as the Director considers appropriate to ensure that any matter connected with or giving rise to the issue of the notice is rectified within the time specified in the notice; or (ii) cancel, or suspend for such period as the Director determines, the licence.

Gaming Machine Act 1995 83 (9) If a direction given by the Director under subsection (8)(c)(i) is not complied with within the time specified in the notice, the Director may cancel or suspend the licence. (10) Where the Director is of the opinion that any act, omission or other thing that constitutes a ground under subsection (1) is not of such a affected, the Director may by letter censure the holder of the licence in respect of any matter connected with or giving rise to the ground. (11) If the Director cancels or suspends a licence, the Director shall as soon as practicable give the applicant written notice of, and the reasons for, the cancellation or suspension. (12) The cancellation or suspension of a licence under this section takes effect from the date of the issue of the notice under subsection (11) or from the date specified in the notice. (13) On receipt of a notice of cancellation under subsection (12), the person to whom the notice is addressed shall deliver the licence to the Director not later than 14 days after receiving the notice. (14) If a service contractor's or monitoring provider's licence is cancelled, the Director may make the arrangements the Director considers necessary to ensure that a service that would have been provided by the holder of the licence continues to be provided (which may include the issue of an interim licence under section 82A). (15) As soon as practicable after the cancellation of a service contractor's or monitoring provider's licence, the Director must remove or make arrangements for the removal of all gaming equipment and restricted components in the possession of the holder of the licence. (16) The cancellation of a licence under this Part does not affect a liability incurred by the holder of the licence under this Act or the Regulations, or under a contract, agreement or other arrangement entered into by the holder of the licence for the purposes of this Act or the Regulations, before the licence was cancelled unless the Director determines otherwise.

Gaming Machine Act 1995 84

80 Suspension of licences pending decision (1) Where the Director is of the opinion that any act, omission or other thing that constitutes a ground under section 79(1) is of such a is jeopardised or the public interest is adversely affected, the Director may suspend a licence under this Part until any action taken, or to be taken, under section 79 is finally determined. (2) Where the Director suspends a licence under subsection (1), the Director shall as soon as practicable give the holder of the licence written notice of, and the reasons for, the suspension. (3) The suspension of a licence under this section takes effect from when the notice referred to in subsection (2) is given to the holder of the licence or the suspension of the licence is made known to the holder of the licence (whichever is the first to happen).

81 Effect of suspension of licence The suspension under section 79(8) or 80(1) of a licence under this Part has the same effect as the cancellation of the licence but without prejudice to: (a) any penalty or other liability incurred by the holder of the licence; or (b) the exercise of the powers of the Director or an inspector.

82 Provisional licences (1) The Director may grant to an applicant for a licence under this Part a provisional licence if the Director considers that: (a) a decision in respect of the application may not be made for some time; (b) the conduct of gaming may be prejudiced or disadvantaged if the applicant is not granted a provisional licence; and (c) the issue of the provisional licence will not prejudice or disadvantage gaming or the conduct of gaming. (2) The Director may impose on a provisional licence such conditions as the Director considers are necessary in the public interest.

Gaming Machine Act 1995 85 (3) Where the Director grants a provisional licence, the Director shall issue the licence in the form determined by the Director and endorse on the licence the conditions imposed under subsection (2). (4) A provisional licence remains in force until: (a) the application for the licence under this Part referred to in subsection (1) is granted or refused; (b) it is surrendered; or (c) it is cancelled. (5) The Director, at any time, may cancel a provisional licence granted under subsection (1). (6) No right of action arises against the Director or any other person because of a decision under subsection (5) in respect of the termination of employment or otherwise. (7) A provisional licence has the same effect as if it were a repairer's licence, service contractor's licence or machine manager's licence, as the case may be.

82A Interim licences (1) The Director may, without an application, grant to a person an interim licence if the Director considers that it is necessary to ensure the continued effective operation of this Act for a short-term period. (2) An interim licence is for the term, and subject to the conditions, determined by the Director. (3) The holder of an interim licence may surrender the licence at any time. (4) The Director may cancel an interim licence at any time. (5) An interim licence has the same effect as if it were a repairer's licence, service contractor's licence, monitoring provider's licence or machine manager's licence, as the case requires.

Gaming Machine Act 1995 86

83 Installation and storage of gaming machines by licensee (1) A licensee must not install a gaming machine provided under the gaming machine licence or other prescribed gaming equipment in an area other than a gaming machine area on the licensee's (2) A licensee must not store a gaming machine provided under the gaming machine licence or other prescribed gaming equipment that is not installed in a gaming machine area on the licensee's licensed premises except in a room, and in a manner, approved by the (3) A licensee is authorised to store in accordance with subsection (2) gaming machines in excess of the number of gaming machines authorised for use under the gaming machine licence. (4) A licensee must not install on the licensee's licensed premises a gaming machine that is being stored by the licensee if, as a result, the number of gaming machines installed on the premises would exceed the number of gaming machines authorised for use under the gaming machine licence.

84 Gaming machines not to be played if not installed in gaming machine area (1) Subject to subsection (2), a person shall not play or allow another person to play a gaming machine provided under the gaming machine licence to a licensee that is not installed in a gaming machine area. (2) Subsection (1) does not apply to a licensed repairer who plays a gaming machine in the course of altering, adjusting, maintaining, repairing or testing the gaming machine.

Gaming Machine Act 1995 87 (3) Winnings that become payable because of playing a gaming machine under subsection (2) remain the property of the licensee and are not payable to any person.

85 Gaming equipment not to be an annoyance, &c. (1) A licensee shall not locate, or allow to be located, gaming equipment on the licensee's licensed premises in such a way as to be an annoyance due to the location of the gaming equipment, the noise generated by the operation of the equipment or for any other reason. (2) A listed person or licensee shall not allow gaming equipment to convey or exhibit: (a) a false, misleading, rude or offensive message; or (b) excessive or unnecessary advertising. (3) Except as may be provided by the game of a gaming machine or an arrangement or system approved under section 134, a person shall not: (a) do or omit to do anything on licensed premises that unfairly or unreasonably entices a person to play a particular gaming machine in preference to others; or (b) conduct or allow to be conducted any promotional activity that entices a person to play or rewards a person for playing gaming machines unless the rewards or prizes provided by the activity are not related to a particular gaming machine a person must play in order to be entitled to the rewards or prizes. (4) Where, in the opinion of an inspector, a contravention of this section is being or has been committed, the Director may, by written notice, direct a listed person, licensee or person: (a) to do or cease doing anything that constitutes the contravention; or (b) not to again do or omit to do anything that constituted the contravention.

Gaming Machine Act 1995 88 (5) A listed person, licensee or person shall not contravene or fail to comply with a direction given under subsection (4).

87 Maintenance of facilities, &c. (1) A licensee shall ensure that: (a) the operation of gaming machines on the licensee's licensed premises is conducted in such a way as, in the opinion of the Director, is proper and competent; (b) anything forming part of a gaming machine that is visible without opening the machine is maintained in good order and is not defaced or altered in any way; (c) all facilities and amenities on the licensee's licensed premises that are related to gaming are maintained in such condition as will provide maximum safety and comfort for persons on the (d) all installations, equipment and procedures for security and safety purposes are used, operated and applied for the preservation and maintenance of those purposes. (2) A licensee shall not: (a) employ or allow; or (b) cause or allow another person to employ or allow, a barker or shill to entice a person to play gaming machines on the

88 Hours of gaming A licensee shall not conduct gaming, or allow gaming to be conducted, in a part of the licensee's licensed premises: (a) when under the Liquor Act 2019 liquor is not permitted to be sold in that part of the premises; or (b) when the licensee or an employee of the licensee is not in that part of the premises to supervise gaming; or

Gaming Machine Act 1995 89 (c) during a period prescribed for the purposes of this section.

89 Rules ancillary to gaming (1) The Director may, in writing, make rules relating to matters that are ancillary to gaming conducted on licensed premises. (2) A licensee, with the approval in writing of the Director, may, in respect of the licensee's licensed premises: (a) amend, add to or repeal; or (b) substitute a rule or other rules for, the rules made under subsection (1).

90 Rules ancillary to gaming to be available and enforced A licensee shall ensure, when gaming is being conducted on the licensee's licensed premises, that: (a) the rules ancillary to gaming that are, at that time, the rules for the licensed premises, are available for inspection at the (b) where required by the rules, notices relating to the rules are prominently displayed; and (c) the rules are enforced.

91 Licensees not to extend credit A licensee shall not make a loan or extend credit in any form to a person on the licensee's licensed premises.

92 Gaming tokens (1) A licensee, in conducting gaming on the licensee's licensed premises, shall only use gaming tokens.

Gaming Machine Act 1995 90 (2) A licensee shall cause all transactions, in respect of the sale or redemption of gaming tokens on the licensee's licensed premises, to be carried out in such a way as ensures the integrity of the transactions.

94 Payments in connection with gaming (1) A licensee shall make a payment in connection with: (a) the payment of winnings or gaming machine credits (other than payments made by a gaming machine); or (b) the redemption of gaming tokens, with Australian currency unless the payment: (c) is required to be made in another way: (i) that is prescribed; or (ii) in accordance with the rules ancillary to gaming for the licensed premises; or (d) is to be made under subsection (2). (2) A licensee may, if requested by a person entitled to a payment referred to in subsection (1) (other than a payment to which subsection (1)(c) applies) and if the licensee thinks fit to do so, make the payment by: (a) gaming tokens; (b) a cheque; (c) a combination of Australian currency, gaming tokens and a cheque; or (d) electronic transfer.

Gaming Machine Act 1995 91

95 Entitlement of players (1) A licensee shall ensure that a person who plays a gaming machine on the licensee's licensed premises is paid the amount to which the person is entitled. (2) A licensee must ensure that a gaming machine on the licensee's licensed premises returns to players not less than the prescribed minimum percentage (if any) of bets made by players on the

96 Malfunction of gaming machines (1) A machine manager shall refuse: (a) to make payment; or (b) to allow payment to be made, to a person in respect of a bet made, or gaming machine credits accumulated, on a gaming machine installed on licensed premises in respect of which he or she is machine manager, where the machine manager is satisfied that the gaming machine failed to function in the way in which it was designed and programmed to function. (2) Subsection (1) applies irrespective of the reason for the failure of the gaming machine to function in the way in which it was designed and programmed to function. (3) A machine manager who refuses to make or allow payment under subsection (1) shall: (a) not allow, other than for testing purposes, the gaming machine to be played until it is functioning in the way in which it was designed and programmed to function; (b) not later than the close of business on the following working day, forward to the Director a report in the form determined by the Director in respect of the refusal; and (c) give the licensee a copy of the report referred to in paragraph (b).

Gaming Machine Act 1995 92 (4) A licensee: (a) may, on review of the copy of the report referred to in subsection (3); or (b) shall, if so directed by the Director; overrule a refusal referred to in subsection (1) and make the payment that has been refused. (5) Nothing in this section operates so as to prejudice or affect any other right or remedy of any person.

97 Defective gaming machines not allowed (1) In this section, licensee, in respect of licensed premises, includes: (a) a machine manager of the licensed premises; (b) if the licensee is a body corporate, the secretary or an executive officer of the body corporate; and (c) a person employed by the licensee who may be required by the licensee to: (i) supervise gaming; (ii) attend to gaming machines; (iii) sell or redeem gaming tokens; or (iv) carry out centralised credit transactions, on the licensed premises. (2) A licensee shall not allow, other than for testing purposes, a gaming machine: (a) that is installed on the licensed premises; and (b) that does not function in the way in which it was designed and programmed to function, to be played until it is functioning in the way in which it was designed and programmed to function.

Gaming Machine Act 1995 93 subsection (2) for the defendant to prove that the defendant: (a) had taken all reasonable precautions to ensure that the gaming machine was functioning in the way in which it was designed and programmed to function; and (b) at the time of the alleged offence, did not know, and ought not to have known, that the gaming machine was not functioning in the way in which it was designed and programmed to function.

98 Security of keys, &c. (1) A licensee shall ensure that all keys and other devices related to the security of gaming equipment on the licensee's licensed premises are kept, stored, secured, possessed and used in accordance with the written directions of the Director. (2) A person shall not possess or use a key or other device referred to in subsection (1) unless the possession or use is permitted by, and is in accordance with, the written directions of the Director.