43Modification or relocation of gaming machines areas

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.