41Increase in gaming machines

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.