Gaming Machine Act 1995
74Disclosure of influential or benefiting parties
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74 Disclosure of influential or benefiting parties (1) At the time of making an application for: (a) a repairer's, service contractor's or monitoring provider's licence, the applicant; or (b) a renewal of a repairer's, service contractor's or monitoring provider's licence, the licensed repairer, licensed service contractor or licensed monitoring provider, shall forward to or lodge with the Director an affidavit made under this section.
Gaming Machine Act 1995 74 (2) An applicant or holder of a licence who undergoes any change in circumstances in relation to information contained in the last affidavit forwarded or lodged under this section by the applicant or holder of the licence 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 holder of the licence or, where the applicant for or holder of the licence is a body corporate, by the principal executive officer of the body corporate or, 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. (4) Subject to subsection (5), an affidavit under this section is to 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 holder of the licence 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 holder of the licence being a natural person – by that person; or (ii) in the case of the applicant or holder of the licence being a body corporate – by the body corporate or the secretary or an executive officer of the body corporate, in relation to the performance of the general functions that are, or are to be, permitted by the licence; (b) whether or not there is any person other than the applicant or holder of the licence who by any lease, agreement or arrangement may expect any benefit from the applicant or holder in relation to the performance of the general functions that are, or are to be, permitted by the licence;
Gaming Machine Act 1995 75 (c) if there is any person able to influence as referred to in paragraph (a) or expect a 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, 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; and (iii) full and correct particulars of the lease, agreement or arrangement; and (d) in the case of the applicant or holder of the licence being a body corporate – 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: (a) anything about a contract, agreement or other arrangement entered into for the purposes of this Act or the Regulations and approved by the Director; or (b) anything that is prescribed for the purposes of this subsection.