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).