44Disclosure of influential or beneficial parties

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.