42Decrease in machines

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.