Gaming Machine Act 2004

Subdivision 6A.7.8 Storage permits—miscellaneous 127ZE Gaming machines and authorisations under storage permits— inspection 135 127ZF Storage of gaming machines and authorisations—rules 135 128 Maintaining gaming machines etc on authorised premises 137 129 Interference with gaming machines 137 130 Opening computer cabinets 138 131 Rendering gaming machines inoperable on authorisation certificate ceasing to be in force 139 132 Removal of gaming machines from premises 140 133 Operation of linked-jackpot arrangements 141 134 Single-user approval for linked-jackpot arrangements 141 135 Issue of multi-user permits 142 136 Conditions on multi-user permits 144 137 Term of multi-user permits 145 138 Amendment of multi-user permits in interest of users 145 139 Amendment of multi-user permit on request 145 140 Amendment of financial and operational aspects of multi-user permits 147 141 Transfer of multi-user permits 147 142 Surrender of multi-user permits 147 143 Unclaimed jackpots 148 144 Undisbursed jackpots 148

Page contents 10 Gaming Machine Act 2004 144A Definitions—pt 9 150 145 Eligible objects 150 146 Eligible clubs 150 147 Associated organisations—declaration 151 147A Associated organisation declaration—condition 152 147B Associated organisation—warning notice 153 147C Associated organisation declaration—suspension or repeal 154 147D Club elections—election of board directors 154 148 Club elections—record-keeping 155 148A Club directors—acting in good faith 155 148B Club constitution—consistency with gaming laws 155 149 Power to require information about status of eligible clubs 156 150 Disclosure of gifts by executive officer 156 Part 10 Promoting responsible practices at authorised premises 151 Warning notices 157 152 External signs 158 152A External visibility of gaming machines 159 153 Cash facilities 159 153A Offence—ATM allowing withdrawals exceeding $250 160 154 Lending or extending credit 161 155 Children must not enter gaming area 161 156 Children must not play gaming machines 162 157 Using false identification 162 157A Definitions—pt 11 163 157B Meaning of club group etc—pt 11 164 157C Determination that licensee not part of club group 165 157D Notice of change to club group status 166 158 Audit of financial statements etc 166 159 Gaming machine tax 167

Page contents 11 161 Payment of gaming machine tax 168 161A Payment of gaming machine tax or payment to diversification and sustainability support fund—quarterly election 169 162 Gaming machine tax returns 169 162A Gaming machine tax rebate—financial year 170 162B Gaming machine tax rebate—part financial year 170 162C Gaming machine tax rebate—claim 171 162D Annual adjustment of gaming machine tax—GMT rebate 172 163 Payment of gaming machine tax following transfer 173 Division 11.2 Gambling harm prevention and mitigation fund 163A Required payment to gambling harm prevention and mitigation fund 173 163AA Gambling harm prevention and mitigation fund—annual payment option 174 163B Gambling harm prevention and mitigation fund 175 163C Payment from gambling harm prevention and mitigation fund— required payments and community purpose contributions 175 163D Payment from gambling harm prevention and mitigation fund— minimum community contributions 176 Subdivision 11.3.1 Preliminary 163E Definitions—div 11.3 176 163F Diversification and sustainability support fund 176 163G Reporting 177 Subdivision 11.3.2 Payments to and from diversification and sustainability 163H Payments to diversification and sustainability support fund 178 163I Payments out of diversification and sustainability support fund 179 163J Guidelines for applications for payments out of diversification and sustainability support fund 180 Subdivision 11.3.3 Advisory board for diversification and sustainability 163K Establishment of advisory board 180 163L Functions of advisory board 180 163M Membership of advisory board 181 163N Advisory board—making and ending appointments 181

Page contents 12 Gaming Machine Act 2004 163O Agenda to require disclosure of interest item 183 163P Disclosure of interests by members of advisory board 183 163Q Proceedings of advisory board 185 163R Protection of members of advisory board from liability 185 164 Definitions—pt 12 186 165 Meaning of community etc—pt 12 187 166 Meaning of community purpose etc—pt 12 188 166B Club refuge declaration 190 167 Minimum community contribution—clubs 190 168 Minimum community contribution—licensees other than clubs 192 169 Payment of community contributions for a tax period 192 170 Licensee must engage with community—clubs 192 171 Community purpose contributions—record keeping by clubs 193 172 Community purpose contributions—reporting by clubs 194 172A Community contributions—commission must publish summary 196 172B Community contribution shortfall tax 197 Part 13 Notification and review of decisions 173 Meaning of reviewable decision—pt 13 198 173A Reviewable decision notices 198 173B Applications for review 198 173C Meaning of notifiable action 199 173D Notifiable actions 199 173E Notifiable actions—date of effect 200 173F Notifiable actions—amendment or cancellation 201 173G Notifiable actions under s 37F 201 173H Notifiable actions under div 6A.6—disposal of gaming machines 202 173I Notifiable actions under div 6A.6—trading of class B authorisations 204 174 Acts and omissions of representatives 205

Page contents 13 174A Licences and authorisations etc are not personal property—PPS Act 206 175 Canberra Airport 206 176 Evidentiary certificates 206 177 Determination of fees 207 178 Regulation-making power 207 179 Review of trading scheme 207 Schedule 1 Reviewable decisions 208 Schedule 2 Notifiable actions 212 Dictionary 213 1 About the endnotes 228 2 Abbreviation key 228 3 Legislation history 229 4 Amendment history 238 5 Earlier republications 282 6 Expired transitional or validating provisions 287

An Act in relation to gaming machines, and for other purposes

1 Name of Act This Act is the Gaming Machine Act 2004.

3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘general licence—see the Liquor Act 2010, section 17.’ means that the term ‘general licence’ is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1

5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

6 Eligibility of individuals (1) For this Act, an individual is an eligible person if— (a) the individual is an adult; and (b) there is not a disqualifying ground in relation to the individual. (2) Each of the following is a disqualifying ground for an individual: (a) the individual has been convicted, or found guilty, in the last 5 years, whether in the ACT or elsewhere, of an offence— (i) involving fraud or dishonesty; or (ii) punishable by imprisonment for at least 1 year; or (iii) against a law about gaming; (b) the individual is, or at any time in the last 5 years has been, bankrupt or personally insolvent; Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1. (c) at any time in the last 5 years the individual was involved in the management of a corporation when— (i) the corporation became the subject of a winding-up order; or (ii) a controller or administrator was appointed for the (d) at any time in the last 12 months the individual had— (i) a licence cancelled under section 58 (Disciplinary action); or

(ii) an authorisation cancelled under section 64 (Cancellation of authorisation certificate because of cancellation etc of general and on licences); or (iii) an application for approval as a technician refused, on the basis that the person provided false or misleading information, under section 75 (Approval of technicians); or (iv) approval as a technician cancelled under section 79 (1) (a) or (c) (Cancellation etc of technician’s approval). (3) Despite subsection (2), the commission may decide that the individual is an eligible person even though there is a disqualifying ground in relation to the individual if satisfied that— (a) if the individual is an applicant for a licence—the operation of gaming machines by the individual would not adversely affect the public; and (b) it is otherwise in the public interest that the individual be treated as an eligible person.

7 Eligibility of corporations (1) For this Act, a corporation is an eligible person if— (a) each influential person of the corporation is an eligible person; and (b) if the corporation is a club—it is an eligible club; and (c) there is not a disqualifying ground in relation to the corporation. (2) Each of the following is a disqualifying ground for a corporation: (a) the corporation is, or at any time in the last 3 years has been, the subject of a winding-up order; (b) at any time in the last 3 years a controller or administrator has been appointed for the corporation;

(c) the corporation is the subject of an auditor’s opinion that it is not able to pay all of its debts as and when they become due and payable; (d) the corporation is the subject of an auditor’s adverse opinion or disclaimer of opinion, within the meaning of Auditing Standard ASA 705; (e) at any time in the last 12 months the corporation had— (i) an application for approval as a supplier refused, on the basis that the corporation provided false or misleading information, under section 72 (Application and approval of corporation as supplier); or (ii) approval as a supplier cancelled under section 73A (Cancellation etc of supplier’s approval). (3) Despite subsection (2), the commission may decide that the corporation is an eligible person even though there is a disqualifying ground in relation to the corporation if satisfied that— (a) the operation of gaming machines by the corporation would not adversely affect the public; and (b) it is otherwise in the public interest that the corporation be treated as an eligible person. AUASB—see the Australian Securities and Investments Commission Act 2001 (Cwlth), section 5. Auditing Standard ASA 705 means Auditing Standard ASA 705 Modifications to the Opinion in the Independent Auditor’s Report made by the AUASB under the Corporations Act, section 336 (1) (Auditing standards). Note The standard is accessible at www.legislation.gov.au.

8 Meaning of influential person (1) In this Act: influential person, for a corporation— (a) means any of the following: (i) an executive officer of the corporation; (ii) a related corporation; (iii) an executive officer of a related corporation; (iv) an influential owner; and (b) includes a person who, though not mentioned in paragraph (a), can exercise as much influence over the actions of the corporation as someone mentioned in that paragraph. Note Corporation includes a club (see dict). influential owner, of a corporation, means a person who, whether directly or through intermediary corporate ownership or nominees— (a) can control 5% of the votes at an annual general meeting of the corporation; or (b) can control the appointment of a director of the corporation. related corporation means a related body corporate under the Corporations Act.

9 Proper completion—applications under Act (1) An application under a provision of this Act is properly completed only if the following requirements are met: (a) if a form is approved under the Control Act, section 53D for the application—the form is used;

(b) the application includes all information and documents required under the provision to be included; (c) a document required to be included with the application includes all information required under the provision to be included in the document and is substantially complete; (d) the application, and any document or information included in the application, is verified in the way required by the provision; (e) if a fee is determined under section 177 for the application—the fee is paid. Note 1 Under the Legislation Act, s 255 (5), if a form requires any of the following, substantial compliance with the form is not sufficient and the form is properly completed only if the requirement is complied with: (a) the form to be signed; (b) the form to be prepared in a particular way (for example, on paper of a particular size or quality or in a particular electronic form); (c) the form to be completed in a particular way; (d) particular information to be included in the form, or a particular document to be attached to or given with the form; (e) the form, information in the form, or a document attached to or given with the form, to be verified in a particular way (for example, by statutory declaration). Note 2 It is an offence to make a false or misleading statement, give false or (2) If an application under this Act is not properly completed— (a) the commission may refuse to consider the application; and (b) if the commission refuses to consider the application—the application lapses.

(3) The commission may, in writing, require an applicant to give the commission additional information, within the time stated by the commission, that the commission reasonably needs to decide the (4) If the applicant does not comply with a requirement under subsection (3) within the time stated by the commission— (a) the commission may refuse to consider the application; and (b) if the commission refuses to consider the application—the application lapses.

Part 2A Reducing cap on authorisations to 3 500 or fewer

10A Definitions—div 2A.2 surrendered authorisation means an authorisation surrendered under section 10D and includes an authorisation under an authorisation certificate surrendered under that section. voluntary surrender agreement—see section 10C. voluntary surrender day, for a licensee, means— (a) 14 February 2019; or (b) if an earlier day is agreed between the licensee and the Territory—the earlier day. voluntary surrender notice—see section 10B.

10B Notifying authorisations for surrender during voluntary surrender period (1) During the voluntary surrender period, a licensee may give written notice (a voluntary surrender notice) to the Minister of the number of authorisations or authorisation certificates to be surrendered by the licensee under section 10D. (2) A notice under subsection (1) must include the following information about each authorisation to be surrendered: (a) the authorised premises the authorisation is associated with; (b) the authorisation number; (c) the serial number of any gaming machine associated with the

Voluntary surrenders Division 2A.2 (3) A notice under subsection (1) may include a nomination of a licensee’s authorised premises in relation to which a surrendered authorisation will be taken into account under section 10J (3) (e). (4) If a licensee makes a nomination under subsection (3), the number of authorisations counted for the nominated premises— (a) must not be used to reduce the number of authorisations to be surrendered at another authorised premises; and (b) if the authorisations relate to the surrender of an authorisation certificate—must be reduced to take account of any surrender obligation in relation to the authorised premises of the authorisation certificate that would have been determined under section 10J had the authorisation certificate not been surrendered. voluntary surrender period means the period beginning on

23 August 2018 and ending on 31 January 2019.

10C Voluntary surrender agreement (1) The Territory may enter into an agreement (a voluntary surrender agreement) with a licensee in relation to the surrender of authorisations or authorisation certificates under section 10D if— (a) the licensee has given a voluntary surrender notice to the Minister; and (b) the agreement is entered into on or before the earlier of— (i) 8 February 2019; and (ii) the voluntary surrender day for the licensee. (2) A voluntary surrender agreement may provide for— (a) an entitlement to the deemed payment or partial payment of an offset amount for the licensee; and

(b) the process by which the entitlement is to be claimed by the licensee; and (c) any other matters agreed by the parties. (3) The term of each voluntary surrender agreement is extended until 1 April 2028, despite anything to the contrary in any agreement. (4) A voluntary surrender agreement must be entered into for the Territory by the Treasurer or the Minister. offset amount—see section 10H (4).

10D Surrender of authorisations and authorisation certificates on voluntary surrender day (1) This section applies if a licensee has entered into a voluntary surrender agreement. (2) On the voluntary surrender day for the licensee, each authorisation and authorisation certificate in the licensee’s voluntary surrender notice is surrendered. (3) If a licensee has a gaming machine associated with a surrendered authorisation, the licensee must— (b) render the machine inoperable; and (c) within 3 working days, give the commission— (i) a written statement of the meter readings mentioned in paragraph (a) and confirmation that the machine is inoperable; and

Voluntary surrenders Division 2A.2 (ii) if the surrendered authorisation results from the surrender of an authorisation certificate—any outstanding amount payable by the licensee in relation to the operation of the gaming machine under the surrendered authorisation certificate. Note 2 A contravention of this Act is a ground for disciplinary action (see s 57 (1) (c)). Note 3 If a licensee changes the size, shape or location of a gaming area as a consequence of the surrender of gaming machine authorisations, the licensee may need to apply for a gaming area amendment of the authorising certificate (see s 33 (1) (a)). (4) For section 103 (1), a licensee is authorised to possess a gaming machine associated with a surrendered authorisation for 3 months after the voluntary surrender day for the licensee. (5) Section 37F (other than subsection (2) (b)) does not apply in relation to the surrender of an authorisation or authorisation certificate under this section.

10E Trading of authorisations to replace surrendered (a) a licensee surrenders an authorisation associated with a gaming machine under section 10C on the voluntary surrender day; and (b) on the voluntary surrender day, the licensee acquires an authorisation under division 6A.6 (Trading of authorisations and gaming machines) to replace the surrendered authorisation for the gaming machine.

(2) Despite section 173E, the notifiable action in relation to the licensee’s acquisition of the authorisation takes effect on the voluntary surrender day. (3) Section 10D (3) does not apply to the licensee in relation to the

10F Offence—operating gaming machine if authorisation surrendered (a) the person owns, occupies or manages authorised premises; and (b) an authorisation, or authorisation certificate, associated with the premises is surrendered under section 10D; and (c) the person fails to take all reasonable steps to stop the gaming machine associated with the surrendered authorisation being used on the premises; and Note A surrendered authorisation includes an authorisation under a surrendered authorisation certificate (see s 10A, def surrendered authorisation). (d) someone uses the gaming machine.

10H Offsets (1) This section applies to a person if the person— (a) becomes liable to pay an offset amount to the Territory before 1 April 2028; and (b) is entitled, under a voluntary surrender agreement, to the deemed payment or partial payment of an offset amount; and (c) claims the entitlement under any process set out in the voluntary surrender agreement before 1 April 2028.

Expiry—pt 2A Division 2A.4 (2) The person’s offset amount is taken to be paid to the Territory as provided in the voluntary surrender agreement. (3) The total of the amounts taken to be paid to the Territory under subsection (2) for the person must not exceed the person’s entitlement under the voluntary surrender agreement. offset amount means a fee, charge or other amount that is— (a) prescribed by regulation for the purposes of this subsection; and (b) payable under any of the following Acts: (i) Building Act 2004; (ii) Community Title Act 2001; (iii) Electricity Safety Act 1971; (iv) Gas Safety Act 2000; (v) Planning Act 2023; (vi) Unit Titles Act 2001; (vii) Water and Sewerage Act 2000; (viii) an Act prescribed by regulation for the purposes of this paragraph.

Division 2A.4 Expiry—pt 2A

10T Expiry—pt 2A (1) This part (other than division 2A.3) expires on 1 April 2028. (2) Division 2A.3 expires on 31 December 2025.

11 Definitions—pt 2B authorisation certificate amendment application—see section 33 (1). authorisation certificate application, for class C gaming machines— see section 21 (1). class B licence means a licence to operate class B gaming machines. class B licence and authorisation certificate application—see section 28 (1). class C licence means a licence to operate class C gaming machines. Note An applicant who the commission is satisfied on reasonable grounds is an eligible person must be issued with a class C licence (see s 17 (3)). class C licence application—see section 15. gaming area amendment—see section 33 (1) (a). increase maximum amendment—see section 33 (1) (c). minor licence amendment application—see section 31 (1). premises relocation amendment—see section 33 (1) (b).

12 Meaning of social impact assessment (1) For this Act, a social impact assessment for an application is a written assessment of the likely economic and social impact of the operation of gaming machines— (a) for an authorisation certificate application—under the proposed authorisation certificate; or

Definitions and important concepts Division 2B.1 (b) for an authorisation certificate amendment application—under the authorisation certificate as proposed to be amended. Note A social impact assessment is required for— (a) an authorisation certificate application (see s 22 (2) (a)); and (b) some authorisation certificate amendment applications (see s 34 (f) (ii) (A) and s 37 (4) (a)). (2) A regulation may make provision in relation to social impact assessments, including the following: (a) the requirements that must be satisfied by a social impact assessment; (b) the matters to be addressed by a social impact assessment; (c) the information to be given in a social impact assessment.

13 Social impact assessment—publication (1) This section applies if an applicant for any of the following is required to provide a social impact assessment with the application: (a) an authorisation certificate; (b) an amendment of an authorisation certificate. (2) The applicant must give public notice of the application, stating (a) the social impact assessment for the application will be available for inspection by members of the public for 6 weeks after a day stated in the public notice (the comment period)— (i) at a place in the ACT named on the commission’s website during ordinary business hours; and (ii) on the commission’s website; and

(b) any written submissions about the social impact assessment may be made to the commission within the comment period. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (3) Before the comment period begins, the applicant must give the commission— (a) the social impact assessment for the application; and (b) a copy of the public notice. (4) The applicant must— (a) on or before the day the public notice is given, place a sign (the information sign) containing information about the application in a prominent position outside each public entrance to the premises to which the application relates; and (b) ensure that the sign remains in the position for the comment (5) The information sign must include the following: (a) a description of the application; (b) a statement of when and where the social impact assessment for the application will be available; (c) an invitation to make written submissions to the commission about the social impact assessment within the comment period; (d) when the comment period ends; (e) details of where to get more information about the application.

Definitions and important concepts Division 2B.1 (6) The commission must make the social impact assessment available for inspection by members of the public during the comment period— (a) at a place in the ACT named on the commission’s website during ordinary business hours; and (b) by publishing the assessment on the commission’s website. (7) The commission must not decide the application until the comment period has ended.

14 Applications to be dealt with in order of receipt etc (1) A person may make an authorisation certificate application when the person makes a licence application for a class B or class C licence. (2) The commission must deal with properly completed licence applications and properly completed authorisation certificate applications in the order in which the commission receives the applications. Note 3 It is an offence to make a false or misleading statement, give false or

Division 2B.2 Class C licences—application and

15 Licence for class C gaming machines—application A club may apply to the commission for a licence for class C gaming machines (a class C licence application).

16 Class C licence application—contents A class C licence application must— (a) be in writing and signed by the applicant; and (b) state the name of the applicant’s legal entity and the applicant’s address; and (c) state the applicant’s ABN; and (d) state the applicant’s— (i) ACN; or (ii) if the applicant is an incorporated association—association number; and (e) state that the application is for a class C licence; and (f) state the name and address of each director of the applicant; and (g) state the name of each influential person for the applicant and the person’s relationship with the applicant; and (h) include the following: (i) a copy of the applicant’s constitution;

Class C licences—application and issue Division 2B.2 (ii) an alphabetical list of names and addresses of all current members of the applicant, certified correct by the applicant’s secretary; (iii) a statement, signed by the applicant’s secretary, stating the grounds on which the applicant claims to be an eligible club; Note A club is a corporation (see dict, def corporation). (iv) evidence that a majority of the applicant’s voting members who voted in a ballot conducted under a regulation voted for the applicant having gaming machines; and (i) include anything else prescribed by regulation.

17 Class C licence—decision on application (1) This section applies if the commission receives a licence application under section 15 (Licence for class C gaming machines— application). (2) In deciding whether to issue a class C licence, the commission may consider any matter prescribed by regulation. (3) The commission must issue a class C licence to the applicant if satisfied on reasonable grounds that— (a) the applicant is an eligible person; and

(b) a majority of the applicant’s voting members who voted in a ballot conducted under a regulation voted for the applicant having gaming machines. Note 1 If a corporation is a club, the corporation is an eligible person if it is an eligible club (see s 7 (1) (b)). Note 2 The commission may refuse to issue a class C licence to a club if a ground for refusing the licence exists (see s 18).

18 Class C licence application—grounds for refusal (1) The commission may refuse to issue a class C licence to a club if satisfied that— (a) the election of a member of the club’s management committee or board has been decided, controlled or influenced in a significant way, or to a significant degree, by— (i) people who are not voting members of the club; or (ii) only some voting members of the club; or (b) the voting members of the club, taken as a group, do not have complete control over the election of all members of the club’s management committee or board; or (c) each voting member of the club does not have an equal right to elect people, or to nominate or otherwise choose people for election, to the club’s management committee or board; or (d) if the club does not own its premises—an executive officer or employee of the club is also the club’s lessor, or an associate of the club’s lessor; or (e) an executive officer or employee of the club is a creditor, or an associate of a creditor, of the club; or

Class C licences—application and issue Division 2B.2 (f) the club’s management committee or board does not, for any reason, have complete control over the club’s business or operations, or a significant aspect of the club’s business or operations; or (g) the club is being, or may be, used as a device for individual gain or commercial gain by someone other than the club. (2) However, the commission must not refuse to issue a class C licence under subsection (1) (a), (b) or (c) only because— (a) the commission is satisfied that the election of a member of the club’s management committee or board has been decided, controlled or influenced in a significant way, or to a significant degree, by an associated organisation; or (b) the voting members of the club, taken as a group, do not have complete control over the election of all members of the club’s management committee or board because an associated organisation has some control; or (c) each voting member of the club does not have an equal right to elect people, or to nominate or otherwise choose people for election, to the club’s management committee or board because an associated organisation has a right to elect, nominate or otherwise choose people for election. Note Associated organisation, for a club—see the dictionary.

19 Class C licence—conditions A class C licence is subject to— certificates—conditions) that applies to a licence; and

20 Class C licence—form (1) A class C licence must— (i) the licensee’s name; (ii) if the licensee carries on business under a name other than (iii) the licensee’s ABN; (iv) the licensee’s— (B) if the licensee is an incorporated association— association number; (v) the date the licence comes into force; (vi) a unique identifying number (a licence number); (vii) a statement that the licensee is entitled to operate class C (viii) the conditions on the licence. (2) A regulation may prescribe other requirements in relation to the form of a licence.

Division 2B.3 Authorisation certificates for class C gaming machines—application and

21 Authorisation certificate for class C gaming machines— (1) A club may apply to the commission for an authorisation certificate (an authorisation certificate application) to have the maximum number of authorisations for class C gaming machines at the premises stated in the application. Note For the issue of authorisations in relation to a class B licence, see div 2B.4. (2) However, a club may make an authorisation certificate application only if the club— (a) holds a current licence for class C gaming machines; or (b) has made a class C licence application.

22 Authorisation certificate for class C gaming machines— contents of application (1) An authorisation certificate application for class C gaming machines must— (i) the name of the applicant’s legal entity (the applicant’s name); (ii) if the applicant carries on business under a name other than the applicant’s name—the name under which the applicant (iii) the applicant’s ABN;

(iv) the applicant’s— (B) if the applicant is an incorporated association— association number; and (c) state the address, and block and section number, of the premises for which the authorisation certificate is sought; and (d) state the maximum number of authorisations for gaming machines for which the authorisation certificate is sought; and (e) be accompanied by each of the required documents for the (2) For subsection (1) (e), the required documents are the following: (a) a social impact assessment for the application; (b) a plan of the premises that— (i) is drawn to scale; and (ii) clearly shows the location, boundaries and dimensions of the area in the premises where gaming machines are to be installed (the proposed gaming area); (c) a copy of the current gaming rules the applicant has adopted in relation to the premises for which the authorisation certificate is sought; Examples—what gaming rules may cover 1 how long a gaming machine may be reserved for 2 who may play the gaming machines 3 banning of extension of credit to players 4 cash payment limits

(d) a copy of the current control procedures the applicant has adopted to control the operation of gaming machines on the premises for which the authorisation certificate is sought; Note Section 97 sets out the requirements for control procedures. (e) any other documents required by regulation. 23 Authorisation certificate for class C gaming machines— decision on application (1) This section applies if the commission receives an authorisation certificate application for class C gaming machines. (2) The commission must issue an authorisation certificate to the applicant if satisfied on reasonable grounds— (a) that the applicant holds a class C licence; and (b) the gaming rules and control procedures the applicant has adopted for the purpose of controlling the operation of gaming machines are adequate for that purpose; and (c) taking into consideration the social impact assessment for the application and any submission made on the assessment within the comment period under section 13 (Social impact assessment—publication), the issue of the authorisation certificate is appropriate.

(3) However, the commission must not issue an authorisation certificate to the applicant if the premises for which the authorisation certificate is sought are located in— (4) The commission must issue the authorisation certificate for the number of authorisations for gaming machines stated in the application if satisfied on reasonable grounds that the size and layout of the proposed gaming area are suitable for the installation of the number of gaming machines for which the authorisation certificate is sought. (5) The commission may issue the authorisation certificate for a lower number of authorisations for gaming machines than the number stated in the application if satisfied that the size and layout of the proposed gaming area are suitable for the installation of the lower number of gaming machines. Note The commission may refuse to issue an authorisation certificate to a club if a ground for refusing to issue the certificate exists (see s 24). (6) In deciding the maximum number of authorisations for gaming machines under an authorisation certificate, the commission must consider the following: (a) the size and layout of the premises the application relates to; (b) the size and layout of the proposed gaming area; (c) the number of club members worked out under a regulation; (d) the ratio of club members to the maximum number of authorisations for gaming machines sought by the licensee;

(e) the extent to which the club has contributed to, or is likely to contribute to, the community and supported and benefited the community; (f) the social impact assessment for the application for the authorisation certificate and any submission made on the assessment within the comment period under section 13. (7) In deciding whether a proposed gaming area is suitable for the installation of the number of gaming machines the licensee may have under an authorisation certificate, the commission must consider harm minimisation strategies for patrons. (8) The commission may consider anything else prescribed by regulation.

24 Authorisation certificate application for class C gaming machines—grounds for refusal The commission may refuse to issue an authorisation certificate to a club if satisfied that— (a) payments for goods and services supplied to the club, including the rental or lease payments for the club’s premises, are related to the level of gaming machine performance; or Examples—goods and services • food and beverages • cleaning services • gaming machines (b) someone, other than the lessor or leasing agent, will receive a payment or benefit during or at the end of a lease, agreement or arrangement entered into by the club for its premises.

25 Issue of authorisation certificate for class C gaming machines—number of gaming machines to be operated To remove any doubt, a licensee issued with an authorisation certificate for a maximum number of authorisations for class C gaming machines at the premises stated in the certificate may, at any time, operate the maximum number, or less than the maximum number, of gaming machines allowed under the authorisation certificate. Note 1 The licensee must not acquire a gaming machine for premises authorised under an authorisation certificate if the licensee does not hold an authorisation for the gaming machine (see s 98 (4)). Note 2 The licensee must not operate a gaming machine if the operation of the gaming machine is not allowed under an authorisation certificate (see s 104).

26 Authorisation certificate for class C gaming machines— An authorisation certificate for a maximum number of authorisations for class C gaming machines is subject to— certificates—conditions) that applies to an authorisation

27 Authorisation certificate for class C gaming machines— form (1) An authorisation certificate for a class C licence must— (a) include the following: (i) the licensee’s name;

(ii) if the licensee carries on business under a name other than (iii) the licensee’s ABN; (iv) the licensee’s— (B) if the licensee is an incorporated association— association number; and (b) state the licensee’s licence number; and (c) include a unique identifying number (an authorisation certificate number); and (d) state that class C gaming machines only are allowed under the (e) state the details of the premises where the licensee is authorised to have the gaming machines; and (f) state the details of the part of the premises (the gaming areas) where the licensee is allowed to operate the gaming machines; and (g) state the maximum number of authorisations for gaming machines under the authorisation certificate; and (h) include a schedule (an authorisation schedule) that contains— (i) the serial number of each gaming machine the licensee has under the authorisation certificate; and

(ii) a unique identifying number for each authorisation (an authorisation number) under the authorisation certificate. Note A licensee may also store gaming machines the licensee has under an authorisation (see div 6A.7). (2) A regulation may prescribe other requirements in relation to the form of an authorisation certificate or authorisation schedule. Division 2B.4 Licences and authorisation certificates—class B gaming

28 Licence and authorisation certificate for class B gaming machines—restricted application (1) A person may apply to the commission for a licence and authorisation certificate for class B gaming machines (a class B licence and authorisation certificate application) only if— (a) the application relates to a business being purchased from the holder of a class B licence; and (b) the business is operated under a general licence or on licence. (2) A class B licence and authorisation certificate application must— (i) if the applicant is an individual—the applicant’s full name; (ii) the name of the applicant’s legal entity; (iii) if the applicant carries on business under a name other than the name of the applicant’s legal entity—the name under which the applicant carries on business; (iv) the applicant’s ABN and ACN (if any); and

Licences and authorisation certificates—class B gaming machines Division 2B.4 (c) state that the application is for a class B licence and authorisation (d) state the address, and block and section number, of the premises where the business is operated; and (e) state the number of gaming machines at the premises; and (f) state the serial number for each gaming machine at the premises; and (g) if the applicant is a corporation— (i) state the name and address of each director of the corporation; and (ii) state the name of each influential person for the corporation and the person’s relationship with the corporation; and (h) include anything else prescribed by regulation.

29 Class B licence and authorisation certificate—decision on application (1) This section applies if the commission receives a class B licence and authorisation certificate application as a consequence of the sale of a business to the applicant. (2) In deciding whether to issue a class B licence and authorisation certificate, the commission may consider any matter prescribed by regulation.

(3) The commission must issue a class B licence and authorisation certificate to the applicant if satisfied on reasonable grounds that the applicant is an eligible person. Note 1 For eligibility of individuals, see s 6. Note 2 For eligibility of corporations, see s 7. (4) The commission must issue an authorisation certificate for each premises of the business for the number of authorisations for class B gaming machines the licensee who sold the business was authorised to have at the time of the sale, if satisfied on reasonable grounds— (a) the size and layout of the proposed gaming area are suitable for the installation of the number of gaming machines for which the authorisation certificate is sought; and (b) that the applicant holds the appropriate licence under the Liquor Act 2010 for the premises for which the authorisation is to be issued; and (c) if an on licence applies to the premises to which the application relates—the premises are used by people mainly for drinking alcohol; and (d) the gaming rules and control procedures the applicant has adopted for the purpose of controlling the operation of gaming machines are adequate for that purpose. (5) However, the commission must not issue an authorisation certificate to the applicant if the premises for which the authorisation certificate is sought are located in—

Licences and authorisation certificates—class B gaming machines Division 2B.4

30 Class B licence and authorisation certificate—conditions and form (1) A class B licence is subject to— certificates—conditions) that applies to a licence; and (2) A class B licence must— (i) if the licensee is an individual—the individual’s full name; (ii) if the licensee is not an individual—the licensee’s name; (iii) if the licensee carries on business under a name other than (iv) the licensee’s ABN (if any); (v) if the licensee is a corporation—the corporation’s ACN; (vi) the date the licence comes into force; (vii) a unique identifying number (a licence number); (viii) a statement that the licensee is entitled to operate class B (ix) the conditions on the licence. (3) An authorisation certificate for a class B licence must— (a) state the licensee’s name, address, ABN and ACN (if any); and (b) if the licensee is not an individual—state the name of the licensee’s legal entity; and

(c) if the licensee carries on business under a name other than the licensee’s name—state the name under which the licensee carries on business; and (d) state the licensee’s licence number; and (e) include a unique identifying number (an authorisation certificate number); and (f) state that class B gaming machines only are allowed under the (g) include details of the premises where the licensee is authorised to have the gaming machines; and (h) include details of the part of the premises (the gaming areas) where the licensee is allowed to operate the gaming machines; and (i) state the number of authorisations for gaming machines under the authorisation certificate; and (j) include a schedule (an authorisation schedule) that contains— (i) the serial number of each gaming machine the licensee has under the authorisation certificate; and (ii) a unique identifying number for each authorisation (an authorisation number) under the authorisation certificate. Note A licensee may also store gaming machines the licensee has under an authorisation certificate (see div 6A.7). (4) A regulation may prescribe other requirements in relation to the form of a class B licence or authorisation certificate for a class B licence.

Division 2B.5 Licences and authorisation certificates—amendments

31 Licence amendment—application (1) A licensee may apply, in writing, to the commission for an amendment of a licence only to change a minor detail in the licence (a minor licence amendment application). to change the licensee’s trading name (b) set out the proposed amendment of the licence; and (c) explain why the applicant is seeking the amendment; and (d) include anything else required by regulation. Note It is an offence to make a false or misleading statement, give false or (3) A regulation may require a minor licence amendment application to— (a) include stated information; or (b) be accompanied by stated documents.

32 Licence amendment decision—minor amendment (1) This section applies if a licensee makes a minor licence amendment (a) amend the licence in accordance with the application; or

(b) refuse to amend the licence. (3) The commission must— (a) tell the licensee, in writing, of a decision under subsection (2); and (b) if the commission refuses to amend the licence—give the reasons for the decision.

33 Authorisation certificate amendment—application (1) A licensee may apply, in writing, to the commission for an amendment of an authorisation certificate (an authorisation certificate amendment application) only to— (a) do any of the following at the authorised premises (a gaming area amendment): (i) change the size or shape of a gaming area, or part of a gaming area; (ii) change the location of a gaming area; (iii) add another gaming area; or Note Gaming area—see s 27 (1) (f) and s 30 (3) (h).

(b) enable the licensee to relocate all gaming machine operations allowed under the authorisation certificate to new premises located in a permitted area (a premises relocation amendment); or (c) increase the maximum number of authorisations for class C gaming machines under the authorisation certificate (an increase maximum amendment). Note 1 Section 34 sets out what must be included in an authorisation certificate amendment application. Note 2 An authorisation certificate may also be amended under the following sections: • s 37B (a technical amendment) • s 37C (an amendment of a licence, authorisation certificate or authorisation schedule on the commission’s own initiative). (2) To remove any doubt, a licensee does not need to apply for a gaming area amendment, or any other authorisation amendment, to move a gaming machine from one part of a gaming area to another part of the gaming area. permitted area means an area other than—

34 Authorisation certificate amendment—contents of An authorisation certificate amendment application must— (b) set out the proposed amendment of the authorisation certificate; and (c) explain why the applicant is seeking the amendment; and

(d) for a gaming area amendment—be accompanied by a plan of the premises, drawn to scale, that clearly shows the proposed changes to the gaming area; and (e) for a premises relocation amendment in relation to relocating all gaming machine operations to new premises within the same suburb— (i) state the address, and block and section number, of the new (ii) be accompanied by a plan of the new premises, drawn to scale, that clearly shows the location, boundaries and dimensions of the proposed gaming area; and (f) for a premises relocation amendment in relation to relocating all gaming machine operations to new premises in another suburb— (i) state the address, and block and section number, of the new (ii) be accompanied by— (A) a social impact assessment; and (B) a plan of the new premises, drawn to scale, that clearly shows the location, boundaries and dimensions of the proposed gaming area; and (C) if the applicant is a club—evidence that a majority of the voting members of the club who voted in a ballot conducted under a regulation voted for the club relocating to the new premises.

35 Authorisation certificate amendment decision—gaming area amendment (1) This section applies if a licensee applies for a gaming area Note Gaming area amendment—see s 33 (1) (a). (4) The commission must amend the authorisation certificate in accordance with the application if it is satisfied that the gaming area proposed to be changed will be suitable for the operation of the number of gaming machines the licensee may have under the (5) In deciding whether a gaming area will be suitable for the operation of the number of gaming machines the licensee may have under the authorisation certificate, the commission must consider harm minimisation strategies for patrons.

36 Authorisation certificate amendment decision—premises relocation amendment (1) This section applies if a licensee applies for a premises relocation Note Premises relocation amendment—see s 33 (1) (b). (4) In deciding whether to amend the authorisation certificate, the (a) the application for the amendment; (b) if the new premises are in another suburb— (i) the social impact assessment for the application; and (ii) each submission made about the social impact assessment within the comment period mentioned in section 13 (2) (Social impact assessment—publication).

(5) If the application is for a premises relocation amendment in relation to premises in another suburb, the commission must amend the authorisation certificate in accordance with the application if satisfied (a) the size and layout of the new premises and the proposed gaming area are suitable for the operation of the number of gaming machines that would be allowed under the authorisation (b) a majority of the voting members of the applicant who voted in a ballot conducted under a regulation voted for the club relocating to the new premises; and (c) taking into consideration the social impact assessment for the application and any submission made on the assessment within the comment period under section 13 (2), the amendment of the authorisation certificate is appropriate. (6) However, if the commission is not satisfied under subsection (5) in relation to the maximum number of authorisations for gaming machines stated in the application, but would be satisfied under subsection (5) (a) or (c) in relation to a lower maximum, the commission may amend the authorisation certificate to allow a lower maximum number of authorisations for gaming machines at the new (7) If the application is for a premises relocation amendment in relation to premises in the same suburb, the commission must amend the authorisation certificate in accordance with the application if satisfied that the size and layout of the new premises and the proposed gaming area are suitable for the operation of the number of gaming machines that would be allowed under the authorisation certificate.

(8) However, if the commission is not satisfied under subsection (7) in relation to the maximum number of authorisations for gaming machines stated in the application, but would be satisfied in relation to a lower maximum, the commission may amend the authorisation certificate to allow a lower maximum number of authorisations for gaming machines at the new premises.

37 Authorisation certificate amendment decision—increase maximum amendment (1) This section applies if a licensee applies for an increase maximum Note Increase maximum amendment—see s 33 (1) (c).

(4) The commission must amend the authorisation in accordance with the application if satisfied that— (a) the application is accompanied by a social impact assessment that supports an increase in the maximum number of authorisations for gaming machines allowed at the authorised (b) the size and layout of the premises mentioned in the authorisation certificate is suitable for the operation of the number of gaming machines that would be allowed under the (5) In deciding the maximum number of authorisations for gaming machines under the amended authorisation certificate, the (a) the number of club members worked out under a regulation; (b) the ratio of club members to the maximum number of authorisations for gaming machines sought by the licensee; (c) the extent to which the club has contributed to, or is likely to contribute to, the community and supported and benefited the community.

37B Authorisation certificate amendment—technical (1) This section applies if a licensee wants to make 1 or more of the following changes to a gaming machine operated under an authorisation certificate (a technical amendment): (a) change the percentage payout of the gaming machine; (b) change the basic stake denomination of the gaming machine; (c) change the game installed on the gaming machine;

(d) change any other technical detail mentioned in the authorisation schedule. (2) The licensee must notify the commission about the proposed technical amendment. Note 1 Making a technical amendment to a gaming machine is a notifiable action (see pt 13A and sch 2).

37C Amendment of licence, authorisation certificate etc— commission’s own initiative (1) The commission may amend a licence, authorisation certificate or authorisation schedule on its own initiative to correct a mistake, error or omission on the licence or authorisation certificate or authorisation schedule. (2) If the maximum number of authorisations for gaming machines allowed under an authorisation certificate has changed, the commission may amend the authorisation certificate to record the correct maximum number. (3) If a licensee notifies the commission about the acquisition or disposal of an authorisation under division 6A.6 (Trading of authorisations and gaming machines), the commission must amend the licensee’s authorisation schedule to— (a) for an acquisition—include the authorisation number of the acquired authorisation; or

(b) for a disposal—remove the authorisation number of the disposed

37D Re-issue of amended licence, authorisation certificate etc (1) If the commission amends a licence under this Act, the commission must issue the licensee with a licence that includes the amendment (a replacement licence). (2) The replacement licence must state— (a) that the licence is a replacement licence; and (b) the date the replacement licence was issued; and Example—commencement of amendment the day a new trading name for the licensee is registered (3) If the commission amends an authorisation certificate (other than the schedule to the certificate) under this Act, the commission must issue the licensee with an authorisation certificate that includes the amendment (a replacement authorisation certificate). (4) The replacement authorisation certificate must state— (a) that the certificate is a replacement authorisation certificate; and (b) the date the replacement authorisation certificate was issued; and (5) If an authorisation schedule to an authorisation certificate is amended under this Act, the commission must issue the licensee with an authorisation schedule that includes the amendment (a replacement authorisation schedule).

(6) The replacement authorisation schedule must state— (a) that the authorisation schedule is a replacement authorisation schedule; and (b) the date the replacement authorisation schedule was issued; and Example—commencement of amendment the day the commission receives an installation certificate for a new gaming Division 2B.6 Transfer and surrender of licences and authorisation certificates

37E Transferring an authorisation certificate (1) If a licensee (the outgoing licensee) transfers an authorisation certificate to another licensee (the incoming licensee), the incoming licensee must tell the commission about the transfer. Note 1 The transfer of an authorisation certificate is a notifiable action (see pt 13A and sch 2).

Transfer and surrender of licences and authorisation certificates Division 2B.6 (2) If an authorisation certificate is transferred under subsection (1), the outgoing licensee must give the commission the following: (a) the outgoing licensee’s computer cabinet access register; (b) the accounts kept by the outgoing licensee under section 52 (Accounts relating to gaming machines) that relate to amounts taken during the month when the transfer is made; (c) any other accounts kept in connection with the licence under section 52 that the commission requires; (d) any outstanding amount payable by the outgoing licensee under Note Amounts are payable by licensees under provisions including s 143, s 159 and s 172B.

37F Surrender of licences, authorisation certificates and (1) A licensee may surrender— (a) the licensee’s licence; or (b) 1 or more authorisation certificates under the licence; or (c) an authorisation. Note If a licensee surrenders a licence, all authorisation certificates under the licence are cancelled (see s (3) (a)).

(2) A licensee may surrender a licence, authorisation certificate or authorisation by— (a) notifying the commission that the licensee surrenders the licence, authorisation certificate or authorisation; and Note 1 The surrender of a licence, authorisation certificate or authorisation is a notifiable action (see pt 13A and sch 2). (b) if the commission allows the notifiable action to take place on an earlier day—that day (see s 173E (b)); or s 173E (c)—when the commission has notified the licensee that it is satisfied in relation to the additional information (see s 173E (c)). (b) if the licensee surrendering an authorisation certificate is a club—giving the commission evidence— (i) that a majority of the voting members of the club who voted in a ballot conducted under a regulation voted for the club surrendering the authorisation certificate; or (ii) that a vote under subparagraph (i) would not be practical; and (c) returning the licence, certificate or authorisation to the Example—par (b) (ii) all memberships have expired and the club does not propose to continue operating (3) If a licensee notifies the commission about the surrender of the licensee’s licence, the commission must— (a) cancel all authorisation certificates held by the licensee; and

Transfer and surrender of licences and authorisation certificates Division 2B.6 (b) give the licensee a storage permit for an interim purpose for each gaming machine under the cancelled authorisation certificates. (4) If a licensee surrenders an authorisation certificate or an authorisation under this section, the commission must give the licensee a storage permit for an interim purpose for each gaming machine under the surrendered certificate or authorisation. (5) If an authorisation certificate or authorisation is surrendered or cancelled under this section, the licensee must— (a) take meter readings from each gaming machine under the certificate or authorisation; and (c) within the prescribed number of days after the day the certificate or authorisation is surrendered or cancelled, give the commission— (i) details of the meter readings taken under paragraph (a); and (ii) any outstanding amount payable by the licensee in relation to the operation of the gaming machine under the surrendered or cancelled authorisation certificate. Note Prescribed number of days—see s 173D (5).

37G Offence—failure to dispose of gaming machines (a) an authorisation held by the person was surrendered or cancelled under section 37F; and (b) the commission gave the person a storage permit for a gaming machine to which the authorisation related; and

(c) the person fails to dispose of the gaming machine mentioned in the permit— (i) in the way the commission directs; or (ii) within the period stated in the storage permit. Note Div 6A.3 deals with disposal of gaming machines.

Compliance with licence conditions Division 3.1 Part 3 Licences and authorisation certificates—conditions Division 3.1 Compliance with licence conditions 39 Offence—failure to comply with condition (a) the licensee’s licence is subject to a condition; and (b) the licensee fails to comply with a requirement of the condition. (2) A licensee commits an offence if— (a) an authorisation certificate held by the licensee is subject to a condition; and (b) the licensee fails to comply with a requirement of the condition. Note Conditions on licences and authorisation certificates are imposed by the commission and by other parts of the Act, as well as by this part. (4) Subsections (1) and (2) do not apply if the licensee took all reasonable steps to comply with a requirement of the condition. mentioned in s (4) (see Criminal Code, s 58).

Division 3.2 General licence and authorisation certificate conditions Division 3.2 General licence and authorisation certificate conditions 39A Compliance with requirements for issue of licence and authorisation certificate (1) It is a condition of a licence that the licensee— (a) continually meets each requirement for the issue of a licence; and Note For the requirements for the issue of a licence, see s 17, in relation to class C gaming machines, and s 29 in relation to class B gaming machines. (b) continues not to do anything that would, if the licensee were applying for a licence, cause the licensee to be refused the licence. Note For the grounds for refusing to issue a class C licence, see s 18. (2) It is a condition of an authorisation certificate that the licensee— (a) continually meets each requirement for the issue of an Note For the requirements for the issue of an authorisation certificate, see s 23, in relation to class C gaming machines, and s 29, in relation to class B gaming machines. (b) continues not to do anything that would, if the licensee were applying for an authorisation certificate, cause the licensee to be refused the authorisation certificate. Note For the grounds for refusing to issue an authorisation certificate for a class C licence, see s 24.

40 Compliance with directions It is a condition of a licence that the licensee complies with a written direction given to the licensee by the commission.

General licence and authorisation certificate conditions Division 3.2

41 Licence and authorisation certificate to be kept at premises (1) It is a condition of a licence that the licensee keeps a copy of the licence and authorisation certificate (including the authorisation schedule) at the authorised premises to which the certificate relates. (2) However, subsection (1) does not apply if— (a) the licence or authorisation certificate is lost, stolen or (b) the licensee has given the commission a statement under the Control Act, section 53 (2) (Licences, authorisation certificates and authorisation schedules—replacement copies); and (c) the commission has not given the licensee a replacement.

42 Licence and authorisation certificate to be available on request (1) It is a condition of a licence that the licensee allows a person, on request, to view a copy of the licence and authorisation certificate at the authorised premises to which the certificate relates. (2) Subsection (1) does not apply if— (a) the licence or authorisation certificate is lost, stolen or (b) the licensee has given the commission a statement under the Control Act, section 53 (2) (Licences, authorisation certificates and authorisation schedules—replacement copies); and (c) the commission has not given the licensee a replacement.

Division 3.2 General licence and authorisation certificate conditions

42A Assistance with reviews It is a condition of a licence that the licensee gives reasonable assistance to the commission in the conduct of any review the commission undertakes. Note A failure to comply with this section is a ground for disciplinary action

43 Rules and control procedures for operation of gaming machines and peripheral equipment It is a condition of a licence that the licensee must not operate a gaming machine or peripheral equipment on its authorised premises otherwise than in accordance with licensee’s rules and control procedures.

44 Installation in accordance with Act It is a condition of a licence that the licensee must not allow the installation of a gaming machine on the licensee’s authorised premises otherwise than in accordance with this Act.

45 Installation certificate (1) It is a condition of a licence that the licensee gives the commission an installation certificate for a gaming machine if— (a) a gaming machine is installed on authorised premises; or (b) a technical amendment is made to a gaming machine operated under an authorisation. (2) An installation certificate must— (b) state the licensee’s name and licence number; and (c) if a gaming machine is installed—identify the authorised premises where the gaming machine is installed; and

General licence and authorisation certificate conditions Division 3.2 (d) if the commission has given the licensee a notice under section 124 (Commission may require information) about the installation—include the details required by the notice; and (e) be given to the commission not more than 3 days after— (i) the day the gaming machine is installed or the technical amendment made; or (ii) if the commission has given the licensee a notice under section 124 about the installation—the day the commission gave the notice.

46 Operation after installation (1) This section applies if a gaming machine is operated on authorised (2) It is a condition of the licence that the licensee not allow the gaming machine to be operated on the authorised premises unless the licensee has given the commission a notice under section 45 (2) for the (3) However, subsection (2) does not prevent the operation of the gaming machine for maintenance.

47 Operation subject to correct percentage payout (1) It is a condition of a licence that the licensee not operate a gaming machine on authorised premises if the percentage payout on the gaming machine is not the percentage payout under the authorisation schedule for the gaming machine. (2) Subsection (1) does not prevent the operation of the gaming machine to correct the percentage payout.

48 Approved statement to be displayed It is a condition of a licence that, if the Minister approves a statement under section 126, the statement is clearly displayed on each gaming machine at authorised premises.

49 Maximum stake amount It is a condition of the licence that the licensee not operate a gaming machine with a stake amount that is more than the amount prescribed by regulation.

50 Licensee to comply with relevant codes of practice It is a condition of a licence that the licensee comply with the relevant code of practice (if any) prescribed under the Control Act.

52 Accounts relating to gaming machines It is a condition of a licence that the licensee must— (a) keep full and separate accounts of all amounts taken from each gaming machine on the licensee’s authorised premises; and (b) keep the accounts in a way that allows them to be conveniently and properly audited; and (c) correctly balance the accounts at the end of each month.

52A Application of Casino (Electronic Gaming) Act 2017 to gaming machines operated near casino (1) It is a condition of a licence for a club that, if the licensee is related to the casino licensee and operates a gaming machine within 200m of the boundary of the casino, the gaming machine must be operated in accordance with the Casino (Electronic Gaming) Act 2017, section 26 (Acquiring casino gaming machine under authorisation) and part 7 (Casino gaming machines—pre-commitment system).

(2) For subsection (1), the Casino (Electronic Gaming) Act 2017, section 26 and part 7 apply to the operation of the gaming machine as if a reference to— (a) a casino gaming machine included a reference to a gaming (b) a casino gaming machine authorisation included a reference to an authorisation; and (c) a casino licensee included a reference to a class C licensee. (3) For this section, a licensee is related to the casino licensee if 1 or more of the following apply: (a) the licensee and the casino licensee are related bodies corporate under the Corporations Act, section 50; (b) the licensee and the casino licensee are associated entities under the Corporations Act, section 50AAA; (c) the same person is an influential person for the licensee and the casino licensee; (d) the licensee and the casino licensee have the same registered office; (e) the licensee and the casino licensee have an arrangement or agreement with each other to share employees, resources, facilities or services; (f) there is a financial interdependency between the licensee and the casino licensee; (g) the licensee and the casino licensee have an arrangement or agreement with each other that gives members of each licensee access to reciprocal benefits from the other licensee; (h) the licensee and the casino licensee use common branding or advertise publicly as related clubs; (i) any other circumstance prescribed by regulation.

casino means the casino under the Casino Control Act 2006.

53 Conditions about inequitable benefits (1) It is a condition of a licence for a club that nobody, whether or not a member of a club, directly or indirectly derives a benefit from the club other than a benefit that— (a) is available equally to all voting members of the club; or (b) arises under an agreement in which the parties are dealing with each other at arm’s length; or (c) is given to a member under a resolution passed at a general meeting of voting members. (2) It is a condition of a licence for a club that nobody, whether or not a member of a club, directly or indirectly derives a benefit that is not available equally to all voting members of the club from— (a) the club having applied for a licence; or (b) a licence being issued to the club; or (c) any added value that may accrue to the premises of the club because of a licence being issued to the club. (3) For this section, a person is not taken to be not dealing with the club at arm’s length only because— (a) the person and the club are corporations that are related under the Corporations Act, section 50; or (b) the person, or an individual representing the person in dealings with the club, is an influential person for the club.

(4) This section does not prevent a person taking a benefit if— (a) the person is offered the benefit (whether or not under the rules of the club) in the course of acting on behalf of the club while performing the person’s normal duties as an employee or director of the club; and (b) the benefit consists only of— (i) reasonable food or refreshment; or (ii) out-of-pocket expenses reasonably incurred and authorised by a resolution of the club’s management committee or board; or (iii) an expense relating to the person’s duties paid by someone else and authorised by a resolution of the club’s management committee or board. Example—expense paid by someone else conference fees

53A Condition about club’s constitution—consistency with gaming laws It is a condition of a licence for a club that the club’s constitution is consistent with the gaming laws.

53B Condition about club’s constitution—amendment if inconsistent with gaming laws (1) It is a condition of a licence for a club that the club’s constitution provides that, if the commission directs the club, under section 148B (Club constitution—consistency with gaming laws), to amend its constitution to remove an inconsistency with a gaming law, the club must amend its constitution, with or without an election of its voting members.

(2) This section is declared to be a corporations legislation displacement provision for the Corporations Act, section 5G (Avoiding direct inconsistency arising between the Corporations legislation and State and Territory laws). Note Subsection (2) ensures that any provision of the Corporations Act or the Australian Securities and Investment Commission Act 2001 (Cwlth) with which this section would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.

54 Annual report of clubs (1) It is a condition of a licence for a club that the licensee’s annual report for a financial year of the licensee include information about the following for the financial year: (a) any contractual arrangement or consultancy entered into with an influential person during the year, including— (i) the position the influential person occupies in relation to the licensee; and (ii) the purpose of the arrangement or consultancy; and (iii) the total amount of the arrangement or consultancy for the year; (b) any contractual arrangement or consultancy entered into during the year for more than the amount prescribed by regulation, including— (i) the purpose of the arrangement or consultancy; and (ii) the total amount of the arrangement or consultancy for the year;

(c) any remuneration given to a person the value of which is equal to or more than the amount prescribed by regulation; Example for par (c) A person may be remunerated by salary plus the use of a car. (d) if any benefits have been taken by a person during the financial year— (i) the person’s position in relation to the licensee; and (ii) a description of the benefit taken by the person; and (iii) the purpose for which the benefit was taken; and (iv) the monetary value of the benefit; and (v) the name of the person who offered the benefit; (e) the total value of any contributions made to registered parties and associated entities; Note A licensee that is a club must also include information about community contributions made by the club in their annual report (see s 172). (f) anything else prescribed by regulation. (2) Not later than 10 working days after giving the commission a copy of the licensee’s audited financial statements or certified income and expenditure statement under section 158, the licensee must— (a) give the commission an electronic copy of the licensee’s annual report; and (b) publish the annual report on a website of the licensee that can be accessed by the public free of charge. Note The commission must also publish information about community contributions made by the club (see s 172).

(3) For subsection (2), the licensee may remove confidential information or, with the written approval of the commission, other sensitive information from the annual report if the licensee sets out in the published annual report— (a) that information was removed because it was confidential or sensitive; and (b) the nature of the information that was removed. associated entity—see the Electoral Act 1992, section 198. confidential information, in relation to an annual report, means information— (a) that is not publicly available when the annual report is published; and (b) that is about the personal or business affairs of a person other than the licensee; and (c) where 1 or more of the following apply: (i) the information was given to the licensee in confidence; (ii) publishing the information would reveal a trade secret; (iii) the information was provided in compliance with a duty imposed under an Act other than this Act; (iv) the licensee would breach a law by providing the information.

54A Conditions about guests and temporary membership (1) It is a condition of a licence for a club that— (a) a local guest may attend the club only if— (i) a club member signs in the guest; and

(ii) the guest is accompanied by the member who signed the guest in (a signed-in guest); and (b) an interstate guest may attend the club only if the guest— (i) signs in to the club; and (ii) is issued with temporary membership by the club (a temporary member). (2) Subsection (1) does not apply if a person attends a club while a club refuge declaration is in force for the club. (3) It is a condition of a licence for a club that the club must not— (a) require an interstate guest to pay a fee for temporary membership of the club; or (b) allow a temporary member to be a voting member of the club. interstate guest, for a club, means a person who— (a) is not a member of the club; and (b) is not a resident of the ACT. local guest, for a club, means a person who— (a) is not a member of the club; but (b) is a resident of the ACT.

55 Other conditions of club licences Each of the following is a condition of a licence for a club: (a) the proceeds from the conduct of gaming are used in a way that promotes the objects of the licensee; (b) the licensee follows its objects or purposes honestly and seriously;

(c) payments made under the licensee’s objects are in the best interests of the licensee’s members; (d) salaries, wages, allowances or benefits paid or payable by the licensee to the licensee’s executive officers and employees are reasonable; (e) payments for services provided to the licensee are reasonable and necessary, particularly in relation to the scale of the licensee’s licensed business; The licensee has 4 gaming machines and pays $150 000 a year for gaming machine advice. This payment is not reasonable because the payment is disproportionately large given the revenues from the 4 machines in relation to which the advice is being given. (f) only members, temporary members and signed-in guests can play gaming machines in the club. Note Signed-in guest—see s 54A. Temporary member—see s 54A.

Enforceable undertakings Part 3A

55A Meaning of GM undertaking—pt 3A GM undertaking—see section 55B.

55B Commission may accept undertakings (1) The commission may accept a written undertaking (a GM undertaking) given by a person relating to the person’s contravention or alleged contravention of this Act or the Control Act. (2) A GM undertaking may provide for any matters agreed between the commission and the person including the following: (a) a statement that the person recognises the commission’s concerns in relation to the person’s contravention or alleged contravention of this Act or the Control Act; (b) that details of the undertaking are published on the register under the Control Act, section 37B or are included in any material published by the commission. (3) A GM undertaking does not constitute an admission of guilt by the person giving the undertaking in relation to the person’s contravention or alleged contravention of this Act or the Control Act. (4) The commission or a person may suggest draft undertakings before a GM undertaking is given by a person under subsection (1).

55C Notice of decision and reasons for decision The commission must give a person seeking to give a GM undertaking written notice of the commission’s decision to accept or reject the GM undertaking and of the reasons for the

55D When a GM undertaking is enforceable A GM undertaking takes effect and becomes enforceable when the commission’s decision to accept the undertaking is given to the person who gave the undertaking or at any later date stated by the

55E Compliance with GM undertaking (a) the person gives a GM undertaking; and (b) the GM undertaking is in effect; and (c) the person contravenes the GM undertaking. (2) Subsection (1) does not apply to a person if an application has been made under section 55F in relation to the person’s contravention of the GM undertaking.

55F Contravention of GM undertaking (1) The commission may apply to the Magistrates Court for an order if— (a) a person contravenes a GM undertaking; and (b) no proceedings against the person for an offence under section 55E have been taken in relation to the contravention. (2) If the court is satisfied that the person who gave the GM undertaking has contravened the undertaking, the court may make 1 or both of the following orders: (a) an order directing the person to comply with the undertaking; (b) an order discharging the undertaking.

Enforceable undertakings Part 3A (3) In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to the Territory— (a) the costs of the proceeding; and (b) the reasonable costs of the commission in monitoring compliance with the GM undertaking in the future.

55G Withdrawal or variation of GM undertaking (1) A person who has given a GM undertaking may at any time, with the written agreement of the commission— (a) withdraw the undertaking; or (b) vary the undertaking. (2) However, the provisions of the undertaking cannot be varied to provide for a different contravention or alleged contravention of this Act or the Control Act.

55H Proceeding for contravention or alleged contravention (1) Subject to this section, no proceeding may be brought, or no disciplinary action may be taken, against a person for a contravention, or alleged contravention, of this Act or the Control Act if a GM undertaking is in effect in relation to that contravention. (2) No proceeding may be brought, or no disciplinary action may be taken, for a contravention, or alleged contravention, of this Act or the Control Act against a person who has given a GM undertaking in relation to the contravention and who has completely discharged the GM undertaking. (3) The commission may accept a GM undertaking in relation to a contravention, or alleged contravention, before a proceeding or disciplinary action in relation to the contravention has been finalised.

(4) If the commission accepts a GM undertaking before the proceeding or disciplinary action is finalised, the commission must take all reasonable steps to have the proceeding or action discontinued.

56 Definitions—pt 4 cancelled—a licence, and each authorisation certificate under the licence, is cancelled under this part if— (a) the licence, and each certificate, is cancelled under— (i) section 62 (Commission may take disciplinary action against licensee); or (ii) section 64 (Cancellation of authorisation certificate because of cancellation etc of general and on licences); and (b) the cancellation has become final. disciplinary notice—see section 61. final—a cancellation of a licence becomes final when— (a) the time for any appeal or review in relation to the decision has ended; or (b) any appeal or review in relation to the decision has been decided or withdrawn. licence includes an in-principle approval for an authorisation certificate issued under section 38D as in force immediately before the Gaming Machine Amendment Act 2024, section 14 commences. Note 1 Licence—see the dictionary. Note 2 Licensee has a meaning corresponding to the meaning of licence (see Legislation Act, s 157).

(2) This subsection and the following provisions expire 4 years after the day the Gaming Machine Amendment Act 2024, section 14 commences: (a) subsection (1), definition of licence; (b) dictionary, definition of licence, paragraph (b). Note A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

57 Grounds for disciplinary action (1) Each of the following is a ground for disciplinary action against a licensee: (a) the licensee has given information to the commission that was false or misleading; (b) the licensee has failed to give information required to be given under this Act or the Control Act; (c) the licensee, or an agent or employee of the licensee, has contravened this Act; (d) the licensee is not, or is no longer, an eligible person; (e) for a corporation—an influential person is not an eligible person; (f) for a licence issued to a club— (i) the club has been or is about to be wound up; or (ii) the club has not operated for 3 months or, if the commission approves a longer period, that longer period; or (iii) the club has ceased to be an eligible club; (g) for a licence issued in relation to premises to which an on licence applies—the premises are not being used by people mainly for drinking alcohol;

(h) the licensee has been given a reprimand that included a direction and has not complied with the direction; (i) the licensee has failed to pay to the Territory a financial penalty imposed under section 62. (2) In subsection (1) (c), a reference to a contravention of this Act (3) Subsection (1) (f) (ii) does not apply to an approval-holder. (4) The commission may, in writing, approve a period longer than 3 months for subsection (1) (f) (ii) if satisfied that— (a) there is a good reason why the club is not operating; and (b) the club will operate again after the end of the longer period. approval-holder means a person who holds an in-principle approval for an authorisation certificate issued under section 38D as in force immediately before the Gaming Machine Amendment Act 2024, section 14 commences.

58 Disciplinary action (1) Each of the following is a disciplinary action when taken against a person: (a) reprimanding the person;

(b) imposing conditions on, or amending the conditions of, the person’s licence or authorisation certificate; (c) ordering the person to pay to the Territory a financial penalty of not more than the greater of the following amounts: (i) $1 000 000; (ii) 3 times the total value of any benefits that the commission can determine have been obtained by 1 or more people and that are reasonably attributable to the ground for disciplinary action; (iii) 10% of the person’s gross revenue during the 12 months ending at the end of the month in which the applicable ground for disciplinary action arose or began; (d) suspending the person’s licence or authorisation certificate for a stated period or until a stated thing happens; (e) cancelling the person’s licence; (f) suspending the person’s authorisation certificate in relation to stated premises; (g) if the person operates a gaming machine at premises without an authorisation under an authorisation certificate to operate the gaming machine at the premises— (i) ordering the person to forfeit to the Territory 100% of the gross revenue from the operation of the gaming machine; and (ii) directing the person about how to dispose of the gaming (2) For subsection (1) (d) and (e), if a licence is suspended or cancelled, all authorisation certificates under the licence are suspended or cancelled.

(3) A reprimand may include a direction by the commission that the licensee, within a stated time— (a) cease contravening this Act; or (b) rectify something that contributes to the ground for disciplinary action. (4) A financial penalty imposed under this section may be recovered as a debt payable to the Territory.

59 Relevant matters for decisions on disciplinary action and penalties (1) In deciding what disciplinary action to take, and the amount of any penalty to be imposed, the commission must consider the following: (a) whether disciplinary action has been taken against the person before; (b) whether the disciplinary ground on which the disciplinary action is to be taken endangered the public or the public interest; (c) the seriousness of the disciplinary ground; (d) the duration or repetition of the person’s conduct that contributed to the disciplinary ground; (e) any statement given by an individual in relation to the disciplinary ground’s harmful impacts on the individual; (f) the person’s capacity to pay any financial penalty; (g) for disciplinary action against a club—the impact of a financial penalty on the club.

(2) The commission may also consider any other relevant matter. Note Disciplinary action must be entered on the public register by the commission (see Control Act, s 37B).

60 When disciplinary notice may be given If the commission is satisfied that a ground for disciplinary action exists, or may exist, in relation to a licensee, the commission may give the licensee a disciplinary notice. Note The commission need not give a disciplinary notice if the grounds for disciplinary action are the contravention of a direction in a reprimand (see s 62).

61 Disciplinary notices A notice (a disciplinary notice) given to the licensee must— (a) state the ground for disciplinary action that caused the notice to be given; and (b) tell the licensee that the licensee may, within 3 weeks after the day the licensee is given the notice, give a written response to the commission about the notice.

62 Commission may take disciplinary action against (1) This section applies if the commission is satisfied that a licensee has contravened a direction in a reprimand. (2) This section also applies if— (a) a licensee has been given a disciplinary notice; and (b) after considering any responses given within the 3-week period in relation to the notice under section 61, the commission is satisfied that a ground for disciplinary action exists in relation to a licensee.

(3) The commission may take disciplinary action against the licensee. (4) To remove any doubt, the disciplinary action may consist of 2 or more of the actions mentioned in section 58. (5) If the disciplinary action consists of an action mentioned in section 58 (1) (g) (i), the commission must include in the written notice of the action the amount to be forfeited under that section. (6) Disciplinary action takes effect when the licensee receives written notice of the action, or on a later stated date.

62A Disciplinary action in relation to trading authorisations and gaming machines—directions (1) This section applies if the commission takes disciplinary action against a licensee in relation to acquiring or disposing of an authorisation or gaming machine under division 6A.6 (Trading of authorisations and gaming machines). (2) The commission may give the licensee written directions about how the licensee is to conduct the acquisition or disposal. Note See div 6A.3 about the disposal of gaming machines. (3) The directions must not be inconsistent with— (a) this Act or any other territory law; or (b) a condition of the licensee’s licence. (4) The licensee must comply with the directions.

63 Suspension of licence and authorisation certificate because of suspension of general and on licences (a) a gaming machine licence is in force for premises; and

(b) a general licence or on licence is also in force for the premises. (2) If the general licence or on licence is suspended, the licence, and each authorisation certificate under the licence, is also suspended for the period of suspension of the general licence or on licence. Note A general licence or on licence may be suspended under the Liquor Act 2010 or the ACT Civil and Administrative Tribunal Act 2008.

64 Cancellation of authorisation certificate because of cancellation etc of general and on licences (a) an authorisation certificate is in force for premises; and (b) a general licence or on licence is also in force for the premises. (2) If the general licence or on licence ceases to be in force under the Liquor Act 2010, the authorisation certificate is cancelled. (3) If the general licence or on licence is cancelled, the authorisation certificate is also cancelled. Note A general licence or on licence may be cancelled under the ACT Civil and Administrative Tribunal Act 2008. (4) However, an authorisation certificate cancelled under this section is taken to be in force again if the decision to cancel the general licence or on licence is reversed on appeal.

65 Return of licence and authorisation certificate on cancellation (a) the commission cancels a person’s licence or authorisation certificate under this part; and (b) the person is given notice of the cancellation.

(2) This section also applies if— (a) a person’s authorisation certificate is cancelled under section 64 (2); or (b) a person’s authorisation certificate is cancelled under section 64 (3) and the person has notice of the cancellation of the person’s general or on licence. (3) The person must return the licence or authorisation certificate (including the authorisation schedule) to the commission as soon as practicable, but in any case not later than 1 week after the day the cancellation under this part takes effect. (4) An offence against this section is a strict liability offence.

65A Cancellation of licences and authorisation certificates— disposal of gaming machines (1) This section applies if a person’s licence, and each authorisation certificate under the licence, is cancelled under this part. (2) The number of authorisations for gaming machines under the cancelled authorisation certificate is forfeited to the Territory. (3) The person must dispose of a gaming machine operated under the cancelled authorisation certificate as the commission directs. Note The Control Act, s 23 provides that an authorised officer may enter and inspect any premises at any reasonable time to do the things mentioned in that section, including inspecting and removing any gaming equipment the officer believes on reasonable grounds to be connected with an offence against a gaming law.

66 Meaning of centralised monitoring system (1) In this Act: centralised monitoring system (or CMS) means a system approved by the commission that— (a) monitors the operation and performance of gaming machines approved under section 69; and (b) facilitates the working out and checking for accuracy of tax liability, and the collection of tax, under this Act; and (c) can perform other related functions. (2) An approval is a notifiable instrument.

67 Regulations about CMS (1) A regulation may provide for the approval and operation of a CMS. (2) In particular, a regulation may fix a date, or allow the commission to fix a date, by which stated gaming machines must be connected to the CMS.

Approval of gaming machines and peripheral equipment Division 6.1

Part 6 Approval of gaming machines, peripherals, suppliers and technicians

Division 6.1 Approval of gaming machines and peripheral equipment

68 Meaning of peripheral equipment peripheral equipment, for a gaming machine, means equipment, or a device, that is incidental to the basic operation of the gaming 1 note acceptors 2 links 3 card readers 4 ticket readers

69 Approval of gaming machines and peripheral equipment (1) The commission may approve— (a) a gaming machine; and (b) any peripheral equipment for the gaming machine. (2) However, the commission must not approve something under subsection (1) unless the commission has considered— (a) the results of a technical evaluation of the gaming machine and any peripheral equipment by an approved entity; and

Division 6.1 Approval of gaming machines and peripheral equipment (b) any available research on the consumer protection and harm minimisation implications of the gaming machine or peripheral equipment proposed to be approved. (3) Also, the commission must not approve a gaming machine or peripheral equipment for a gaming machine under subsection (1) that allows the use of an audio device if the use of the device is not designed or intended primarily to assist a person with a hearing impairment. (4) The approval of a gaming machine or any peripheral equipment for a gaming machine is a notifiable instrument. approved entity means an entity approved (however described) under a law of a local jurisdiction about gaming machines to undertake technical evaluations for the law. audio device means an earphone, earpiece, headphone, headset or any other device to convert signals from a gaming machine to audible sound delivered to the ear of a person playing the machine to the exclusion of everyone else.

70 Cancellation or suspension of gaming machine and peripheral equipment approval (1) The commission may cancel or suspend the approval of a gaming machine or peripheral equipment if— (a) the gaming machine no longer operates as designed; or (b) the gaming machine no longer operates as intended.

Approval of gaming machines and peripheral equipment Division 6.1 (2) To remove any doubt, if the approval of a gaming machine is cancelled or suspended under this section, it applies to all gaming machines of that kind, whether or not a particular gaming machine is operating as designed or intended. A King of the Thames gaming machine stops operating in accordance with its design. The commission suspends the approval of King of the Thames gaming machines, even though not all King of the Thames gaming machines have stopped operating in accordance with their design. (3) A cancellation or suspension under subsection (1) is a notifiable instrument.

71 Computer cabinet access register (1) A licensee must keep a register for gaming machines on authorised premises (the computer cabinet access register). (2) If an approved technician or other person authorised in writing by the commission opens or replaces the computer cabinet in a gaming machine on authorised premises, the technician or other person must enter the access details in the computer cabinet access register. (3) If an authorised officer opens the computer cabinet in a gaming machine on authorised premises, the authorised officer must enter the access details in the computer cabinet access register. access details means the following details: (a) information that clearly identifies the gaming machine, including the machine’s serial number; (b) the date when the computer cabinet was opened or replaced; (c) a description of why the computer cabinet was opened or replaced; (d) the new computer cabinet seal number that was applied;

(e) the name and signature of the approved technician, other person or authorised officer; (f) the name and signature of the licensee; (g) any other information prescribed by regulation.

71A Offence—supply gaming machine etc without supplier approval A person commits an offence if the person— (a) supplies any of the following to another person: (b) is not an approved supplier.

72 Application and approval of corporation as supplier (1) A corporation may apply, in writing, for approval as a supplier. (2) The commission may approve the corporation as a supplier (an approved supplier) if satisfied that— (a) the corporation intends to supply, install or maintain any of the following:

Approved suppliers Division 6.2 (b) each influential person for the corporation is an eligible person; and (c) the corporation has not, in the last 12 months, provided false or misleading information in an application under subsection (1); and (d) the corporation satisfies any other requirement prescribed by regulation. (3) If the commission approves a corporation as a supplier, the commission must give the corporation a certificate stating that the corporation is an approved supplier.

73 Giving copy of certificate about approved supplier (1) This section applies if an approved supplier tells the commission, in writing, about the loss, theft or destruction of a certificate given to the corporation under section 72 (3). (2) The commission may, by written notice given to the supplier, require the supplier to give the commission, within a stated period and in a stated form, a statement confirming, and explaining the circumstances of, the loss, theft or destruction. (3) If the commission is satisfied that the certificate has been lost, stolen or destroyed, the commission may give a replacement to the supplier.

73A Cancellation etc of supplier’s approval (1) This section applies if the commission— (a) stops being satisfied that an approved supplier meets the conditions for approval stated in section 72 (2); or (b) is satisfied that an approved supplier has contravened this Act.

(2) In subsection (1) (b), a reference to a contravention of this Act (3) The commission may, by written notice given to the approved supplier— (a) cancel the supplier’s approval; or (b) suspend the supplier’s approval; or (c) reprimand the supplier. (4) In considering whether to take action under this section, the (a) whether action has been taken against the approved supplier under this section before; (b) the seriousness of any contravention of this Act; (c) the likelihood of further action needing to be taken against the supplier; (d) the public benefit of suppliers being regulated under this Act. (5) The commission may also consider any other relevant matter.

74 Application for approval as technician (1) An individual may apply, in writing, for approval as a technician for 1 or more approved suppliers. (2) The application must be accompanied by— (a) a statement by each approved supplier for which the applicant is applying for approval that— (i) the supplier is satisfied that the applicant is competent to exercise the functions of an approved technician; and (ii) the supplier employs, or has offered to employ, the applicant as a technician; and (b) an undertaking by the applicant to— (i) ask the police to check the applicant’s criminal record using the applicant’s fingerprints; and (ii) authorise the police to report the results of the check to the commission; and (c) a recent passport-size photograph of the applicant.

75 Approval of technicians (1) The commission may, on application under section 74, approve the applicant as a technician for 1 or more approved suppliers if satisfied (a) the applicant is qualified to exercise the functions of an approved technician; and (b) the applicant has not, in the last 12 months, provided false or misleading information in an application under section 74; and (c) the applicant is employed, or will be employed, by each supplier.

(2) An approval is for 3 years. (3) If a short-term approval is in force in relation to the applicant, the approval under this section starts when the short-term approval under section 76 began. Jo was given a short-term approval as a technician on 1 January 2005 before the results of her police check came through. Her results were satisfactory and she was approved as a technician on 25 February 2005. Her approval ends on (4) A person is qualified to exercise the functions of an approved technician for an approved supplier if the person— (a) is an individual; and (b) is competent to maintain gaming machines supplied by the supplier; and (c) is an eligible person; and (d) satisfies any requirement prescribed by regulation.

76 Short-term approval of technicians (1) This section applies to a person who has applied for approval as a technician if— (a) the commission has not received the results of the police check of the person’s criminal record; but (b) the commission would approve the person if the results of the police check did not show that the person was not an eligible person. (2) The commission may approve the applicant as a technician. (3) An approval under this section (a short-term approval) is for 6 months, and cannot be renewed.

77 Ending short-term approvals (1) This section applies to a person if— (a) the person has a short-term approval as a technician; and (b) the commission receives the results of the police check of the person’s criminal record; and (c) after considering the results of the police check, the commission is satisfied that the person is not an eligible person. (2) The commission must, by written notice given to the technician— (a) refuse the person’s application for approval as a technician; and (b) cancel the person’s short-term approval as a technician.

78 Transfer etc of technician’s approval (1) An approved technician may apply, in writing, to the commission— (a) for approval as a technician for another approved supplier (the new supplier); or (b) to transfer their approval as a technician from 1 approved supplier to another approved supplier (the new supplier). (2) The application must be accompanied by a written statement by the new supplier stating that the supplier employs, or has offered to employ, the applicant as a technician. (3) The commission may— (a) for an application under subsection (1) (a)—approve the technician for the new supplier; or (b) for an application under subsection (1) (b)—transfer the approval of the technician to the new supplier.

79 Cancellation etc of technician’s approval (a) the commission stops being satisfied that an approved technician is qualified to exercise the functions of an approved technician for each approved supplier for whom the technician is approved; or (b) the approved technician is not employed by an approved supplier; or (c) the commission is satisfied that the technician has contravened (2) In subsection (1) (c), a reference to a contravention of this Act (3) The commission may, by written notice given to the approved technician— (a) cancel the technician’s approval; or (b) suspend the technician’s approval; or (c) reprimand the technician.

(4) In considering whether to take action under this section, the (a) whether action has been taken against the approved technician under this section before; (b) the seriousness of any contravention of this Act; (c) the likelihood of further action needing to be taken against the technician; (d) the public benefit of technicians being regulated under this Act. (5) The commission may also consider any other relevant matter. approved supplier does not include an approved supplier whose approval is suspended. qualified, to exercise the functions of an approved technician—see section 75 (4).

80 Certificates and identity cards for approved technicians (1) This section applies if the commission approves a technician under section 75 (Approval of technicians) or section 76 (Short-term approval of technicians). (2) The commission must give— (a) a certificate (the technician’s approval certificate) to each approved supplier for the technician containing details of the approval; and (b) an identity card to the approved technician containing details of the approval.

81 Giving copy of certificate about approved technician or identity card (a) an approved supplier tells the commission, in writing, about the loss, theft or destruction of a certificate given to the supplier under section 80 (2) (a); or (b) an approved technician tells the commission, in writing, about the loss, theft or destruction of an identity card given to the technician under section 80 (2) (b). (2) The commission may, by written notice given to the supplier or technician, require the supplier or technician to give the commission, within a stated period and in a stated form, a statement confirming, and explaining the circumstances of, the loss, theft or destruction. (3) If the commission is satisfied that the certificate or identity card has been lost, stolen or destroyed, the commission may give a replacement to the supplier or technician.

82 Approved supplier to notify commission if technician no longer employed (1) An approved supplier commits an offence if the supplier— (a) stops employing an approved technician; and (b) does not tell the commission, in writing, within 1 week after the day the supplier stops employing the technician.

83 Return of approval certificates and identity cards for approved technicians (a) a technician’s approval expires or is cancelled or suspended; or (b) a technician stops working for an approved supplier. (2) The supplier must return the technician’s approval certificate to the commission within 1 week after— (a) the day the technician’s approval expires; or (b) the day the technician is given notice of the cancellation or suspension; or (c) the day the approved technician stops working for the supplier. (3) The technician must return the technician’s identity card to the commission within 1 week after— (a) the day the technician’s approval expires; or (b) the day the technician is given notice of the cancellation or suspension; or (c) the day the technician no longer works for at least 1 supplier. (4) Strict liability applies to an offence against this section.

84 Renewal of technician’s approval (1) An approved technician may apply to the commission for renewal of their approval not later than 1 month, and not earlier than 3 months, before the approval expires. (2) The application must be accompanied by an undertaking by the applicant to— (a) ask the police to check the applicant’s criminal record using the applicant’s fingerprints; and (b) authorise the police to report the results of the check to the (3) On application under this section, the commission must renew the approval if satisfied that it would approve the applicant if the application were an application for initial approval. (4) The renewal of the approval begins on the day after the approval being renewed expires. (5) An approval that is suspended may be renewed, but the renewed approval is suspended until the end of the suspension.

97 Control procedures (1) A person’s control procedures for gaming machines and peripheral equipment must include operational details (including who is responsible) for each of the following: (a) accounting and record keeping in relation to the gaming machines and peripheral equipment; (b) access to and handling of cash in relation to the gaming (c) payment of winnings; (d) access control to the gaming machines and peripheral equipment; (e) security of the gaming machines and peripheral equipment; (f) security of cash, records and keys in relation to the gaming (g) job descriptions (including responsibilities) of people operating and doing accounting and record keeping in relation to the gaming machines and peripheral equipment; (h) any marketing and promotion of the gaming machines. (2) A person may change the person’s control procedures by written notice given to the commission. (3) A regulation may make provision in relation to control procedures.

98 Acquisition of gaming machines and peripheral equipment—general (a) the person intentionally acquires a gaming machine; and Note Acquire—see the dictionary. (b) the person does not have a licence and an authorisation certificate allowing the operation of the gaming machine at the person’s premises. (2) However, a person does not commit an offence against subsection (1) if— (a) the person has been appointed as an external administrator for a licensee; and (b) the commission has received written notice of the person’s appointment, and any additional information requested by the commission, under section 110A (Appointment of external administrator). (3) A licensee commits an offence if— (a) the licensee intentionally acquires a gaming machine or peripheral equipment for a gaming machine; and (b) the gaming machine or peripheral equipment is not approved under section 69 (Approval of gaming machines and peripheral equipment).

(4) A licensee commits an offence if the licensee— (a) intentionally acquires a gaming machine for authorised (b) does not hold an authorisation for the gaming machine. external administrator—see section 105A.

99 Acquisition of authorisations and gaming machines— notification (1) This section applies if a licensee intends to acquire— (a) an authorisation for a gaming machine for authorised premises; or (b) a gaming machine for authorised premises. (2) The licensee must notify the commission about the proposed acquisition. Note 1 The acquisition of an authorisation or gaming machine is a notifiable action (see pt 13A and sch 2). Note 2 It is a condition of a licence that the licensee give the commission written notice of the details of a gaming machine installed on authorised premises within 3 days after the day the gaming machine is installed or the commission gives the licensee a notice under s 124 (see s 45). It is also a condition of a licence that the licensee not allow the gaming machine to be operated on the authorised premises until the notice under s 45 has been given to the commission (see s 46).

100 Acquisition of gaming machines—amendment of authorisation schedule etc (1) This section applies if a licensee notifies the commission under section 99 about the proposed acquisition of a gaming machine for (2) The commission must amend the licensee’s authorisation schedule for the authorised premises to record the gaming machine’s serial number and anything else required by this Act to be included. Note 1 A reference to an Act includes a reference to the statutory instruments Note 2 The licensee must not acquire a gaming machine for premises authorised under an authorisation certificate if the licensee does not hold an authorisation for the gaming machine (see s 98 (4)). (3) However, if the licensee acquires the gaming machine under division 6A.6 (Trading of authorisations and gaming machines), the commission must amend the licensee’s authorisation schedule to remove 1 authorisation for a gaming machine for every 4 authorisations for gaming machines the licensee acquires. Note On receiving a notice under this section, the commission must also amend the register of licences and authorisations to include details about the number of authorisations for gaming machines to be held by the licensee after acquiring the gaming machines mentioned in the notice (see Control Act, s 52 (2)). (4) The commission may amend any other record the commission holds to include the information contained in the notice.

103 Possession and operation of gaming machines (a) the person possesses or operates a gaming machine; and (b) the person is not authorised to possess or operate the gaming machine under this Act; and

(c) the person is reckless about whether the person is authorised to possess or operate the gaming machine under this Act. Note Under this Act, a person may be authorised to possess or operate a gaming machine by a licence, an approval to repossess the machine or under s (2). (2) The commission may, in writing, authorise a person to possess or operate a gaming machine on stated conditions if— (a) the person is a licensee’s external administrator and the licensee is authorised under this Act to possess or operate the gaming machine; or (b) the gaming machine is used only for training purposes; or (c) the gaming machine is being stored; or (d) the gaming machine is being displayed for sale or as a promotion; or (e) the gaming machine is being repaired, tested or evaluated. external administrator, for a licensee—see section 105A.

104 Offence—operating unauthorised or stored gaming (a) the person operates a gaming machine; and (b) operation of the gaming machine is not allowed under an (c) the person is reckless about whether the operation of the gaming machine is allowed under an authorisation certificate.

(a) the person operates a gaming machine; and (b) a storage permit applies to the gaming machine; and (c) the person is reckless about whether a storage permit applies to the gaming machine.

105 Operation of gaming machines other than in accordance with authorisations (a) the person owns, occupies or manages authorised premises; and (b) the person fails to take all reasonable steps to stop a gaming machine on the premises being used otherwise than in accordance with the authorisation certificate; and (c) someone uses the gaming machine otherwise than in accordance with the authorisation certificate. (a) the person owns, occupies or manages premises other than (b) the person fails to take all reasonable steps to stop a gaming machine on the premises being used; and (c) someone uses the gaming machine.

Repossession of gaming machines Division 6A.2

105A Definitions—div 6A.2 approval means an approval under section 108 to repossess a gaming external administrator, for a licensee, means any of the following appointed to manage the licensee’s affairs: (a) an administrator of the licensee; (b) a liquidator of the licensee; (c) a receiver of the licensee; (d) a receiver and manager of the licensee.

106 Offences by people repossessing gaming machines (1) A person commits an offence if the person repossesses a gaming machine otherwise than in accordance with an approval under section 108. (a) the person repossesses a gaming machine; and (b) the person fails to take all reasonable steps to stop the gaming machine being used; and (c) after repossession of the gaming machine but before its disposal, someone else uses the machine. Maximum penalty: 100 penalty units

107 Approval for repossession—application (1) A person enforcing a financial agreement or an approved supplier may apply to the commission for approval to repossess a gaming (2) The application must be accompanied by information identifying— (a) the person from whom the gaming machine is to be repossessed; and (b) the premises where the gaming machine is currently held; and (c) the details of the gaming machine.

108 Approval of repossession of gaming machines (1) On application under section 107, the commission must approve, or refuse to approve, the repossession of a gaming machine. (2) The commission must approve the repossession unless the commission believes on reasonable grounds that the applicant would be likely to contravene a requirement of a condition on the approval. Note For conditions, see s 109. (3) If an approval is given to repossess a gaming machine, after the machine is repossessed but before it is disposed of, an authorised officer must— (b) seal the computer cabinet on the gaming machine; and (c) render the gaming machine inoperable. (4) This section does not entitle a person to repossess a gaming machine if the person is not otherwise entitled to repossess it.

Repossession of gaming machines Division 6A.2

109 Conditions on approval to repossess gaming machine (1) An approval to repossess a gaming machine under section 108 is subject to the condition that the approved repossessor allows an authorised officer to exercise the commission’s functions under section 108 (3). (2) The commission may impose any other condition on the approval in relation to the storage of the gaming machine before its disposal that the commission considers appropriate.

109A Repossessed gaming machines—amendment of authorisation schedule (1) This section applies if an approved repossessor repossesses a gaming machine from a licensee under this division. (2) The approved repossessor who repossesses the gaming machine must give the commission written notice that the gaming machine has been repossessed. (3) On receiving a notice under subsection (2), the commission must— (a) amend the authorisation schedule for the gaming machine to remove the gaming machine’s details; and (b) give the licensee a replacement authorisation schedule that includes the amendment.

110 Contravention of repossession approval conditions (1) An approved repossessor must not contravene a requirement of a condition on the approval. (2) Subsection (1) does not apply if the approved repossessor took all reasonable steps to avoid a contravention of the requirements of the approval conditions.

110A Appointment of external administrator (1) If an external administrator is appointed to manage a licensee’s affairs, the external administrator must give the commission written notice of the appointment. Note External administrator—see s 105A. (2) The commission may, in writing, ask the external administrator for additional information about the appointment.

111 Unapproved disposal of gaming machines (a) the person disposes of a gaming machine; and (b) the disposal is not in accordance with an approval under section 113 (Approval of disposal of gaming machines). (2) Subsection (1) does not apply if the person disposes of the gaming machine under a notification under section 113A (Disposal of gaming machines—notifiable action). mentioned in s (2) (see Criminal Code, s 58).

112 Application for approval for disposal of gaming machines (1) A person may apply in writing to the commission for approval to dispose of a gaming machine. (2) The application must be accompanied by information identifying— (a) the person (if any) who is to acquire the gaming machine; and (b) the premises where the gaming machine is currently held; and

Disposal of gaming machines Division 6A.3 (c) the details of the gaming machine. (3) However, this section does not apply to a person who disposes of a gaming machine under a notification under section 113A (Disposal of gaming machines—notifiable action).

113 Approval of disposal of gaming machines (1) On application under section 112, the commission must approve, or refuse to approve, the disposal of a gaming machine. (2) The commission must approve the disposal if— (a) the person (if any) who is to acquire the gaming machine is authorised— (i) to operate the gaming machine under an authorisation certificate; or (ii) if the gaming machine is to be sold or operated in a local jurisdiction—under a law of the local jurisdiction; or (iii) to destroy the gaming machine; and (b) for an applicant who has repossessed the gaming machine—the repossession is approved under section 108 (Approval of repossession of gaming machines) and the commission has no reason to believe that the approval has been contravened. (3) However, the commission must not approve the lease or hire of a gaming machine to any person. (4) This section does not entitle a person to dispose of a gaming machine if the person is not otherwise entitled to dispose of the machine.

113A Disposal of gaming machines—notifiable action (1) This section applies if a licensee authorised to operate a gaming machine proposes to dispose of the gaming machine for any of the following reasons: (a) the authorisation for the gaming machine under division 6A.6 (Trading of authorisations and gaming machines) is to be traded without the gaming machine; Note The licensee must apply for a storage permit for the gaming machines that are not being traded with the authorisation (see div 6A.7). (b) the gaming machine is to be sold or given to another licensee in the ACT or a local jurisdiction; (c) the gaming machine is to be replaced with a new gaming machine; (d) the gaming machine is to be sold or returned to an approved supplier; (e) the authorisation for the gaming machine is to be surrendered under section 37F (Surrender of licences, authorisation certificates and authorisations); (f) the licensee’s licence is to be cancelled under section 58 (Disciplinary action).

Disposal of gaming machines Division 6A.3 (2) The licensee must notify the commission about the proposed disposal of the gaming machine. Note 1 The disposal of a gaming machine is a notifiable action (see pt 13A and sch 2). (3) The commission may approve a means of disposing of a gaming machine under this section. (4) An approval is a notifiable instrument.

113B Destruction of gaming machines—commission’s attendance (1) This section applies if a licensee proposes to dispose of a gaming machine by destroying it under— (a) an approval under section 113 (Approval of disposal of gaming machines); or (b) section 113A. (2) The commission may, but need not, attend the gaming machine’s destruction. (3) If the commission decides to attend the gaming machine’s destruction, the commission must give the licensee written notice to that effect.

(4) The notice must be given to the licensee within a reasonable time before the gaming machine is destroyed. Note For how documents may be served, see the Legislation Act, pt 19.5.

113C Disposal of gaming machines—direction about manner of disposal (1) The commission may, in writing, direct a licensee to dispose of a gaming machine under this Act in the manner stated in the direction. (2) The licensee must comply with the direction within the reasonable time stated in the direction.

113D Offence—failure to dispose of gaming machine within required time (a) the commission issues a storage permit for an interim purpose to a licensee; and (b) the licensee fails to dispose of a gaming machine to which the permit applies within the time stated in the permit. (2) The commission must, in writing, direct the licensee to destroy the gaming machine in the way, and within the time, stated in the direction. (3) A licensee commits an offence if the licensee fails to comply with a direction under subsection (2). (4) Subsection (3) does not apply if the licensee has a reasonable excuse.

Seizure of gaming machines Division 6A.4

114 Seizure of unlawful gaming machines (1) This section applies if an authorised officer believes on reasonable grounds that— (a) a person possesses or operates a gaming machine; and (b) the person is not authorised to possess or operate the gaming machine under this Act. (2) The authorised officer may seize the gaming machine.

115 Receipt for gaming machines seized (1) As soon as practical after the gaming machine is seized, the authorised officer must give a receipt for it to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the authorised officer must leave the receipt, secured conspicuously, at the place where the gaming machine was seized. (3) A receipt under this section must include the following: (a) a description of the gaming machine; (b) an explanation of why the gaming machine was seized; (c) an explanation of the person’s right to apply to a court under section 116 for an order disallowing the seizure; (d) where the gaming machine is to be taken; (e) the authorised officer’s name, and how to contact the officer.

116 Application for order disallowing seizure (1) A person claiming to be entitled to a gaming machine seized under this division may apply to the Magistrates Court within 10 days after the day of the seizure for an order disallowing the seizure. (2) The application may be heard only if the applicant has served a copy of the application on the commission. (3) The commission is entitled to appear as respondent at the hearing of the application.

117 Order for return of seized gaming machine (1) This section applies if a person claiming to be entitled to a gaming machine seized under this division applies to the Magistrates Court under section 116 for an order disallowing the seizure. (2) The Magistrates Court must make an order disallowing the seizure if satisfied that— (a) the applicant would, apart from the seizure, be entitled to the return of the seized gaming machine; and (b) the gaming machine is not connected with an offence against this Act; and (c) possession of the gaming machine by the person would not be an offence. (3) The Magistrates Court may also make an order disallowing the seizure if satisfied there are exceptional circumstances justifying the making of the order. (4) If the Magistrates Court makes an order disallowing the seizure, the court may make 1 or more of the following ancillary orders: (a) an order directing the commission to return the gaming machine to the applicant or to someone else that appears to be entitled to it;

Seizure of gaming machines Division 6A.4 (b) if the gaming machine cannot be returned or has depreciated in value because of the seizure—an order directing the Territory to pay reasonable compensation; (c) an order about the payment of costs in relation to the application.

118 Adjournment pending hearing of other proceedings (1) This section applies to the hearing of an application under section 116 (Application for order disallowing seizure). (2) If it appears to the Magistrates Court that the seized gaming machine is required to be produced in evidence in a pending proceeding in relation to an offence against a Territory law, the court may, on the application of the commission or its own initiative, adjourn the hearing until the end of that proceeding.

119 Forfeiture of seized gaming machines (1) This section applies if an application under section 116 for an order disallowing the seizure of a gaming machine— (a) has not been made within 10 days after the day of the seizure; or (b) has been made within that period, but the application has been refused or has been withdrawn before a decision on the application had been made. (2) The seized gaming machine— (a) is forfeited to the Territory; and (b) may be sold, destroyed or otherwise disposed of as the commission directs.

Division 6A.5 Installation and operation of gaming

120 Installation to be in accordance with approval of commission (a) the licensee allows the installation of a gaming machine on the (b) the gaming machine is installed otherwise than in a gaming area.

121 Offence to install gaming machines etc (a) installs any of the following on authorised premises: (b) is not an approved technician.

Installation and operation of gaming machines Division 6A.5

122 Certificate about meter readings (a) installs a gaming machine on authorised premises; and (b) as soon as practicable, but no later than 3 days, after installing the machine, does not give the licensee a certificate signed by the person stating the meter readings on the machine immediately after installation.

123 Sealing computer cabinet (a) the licensee allows the installation or operation of a gaming machine on the authorised premises; and (b) the computer cabinet is not sealed in a way that prevents unauthorised access.

124 Commission may require information (1) This section applies if a gaming machine is installed on authorised (2) The commission may give the licensee a written notice stating the details the commission needs to be told about the gaming machine.

125 Operation to be subject to correct percentage payout (a) the person is an approved technician; and (b) the person opens a gaming machine on authorised premises and makes an adjustment that will, or is likely to, affect the percentage payout of the machine; and (c) the percentage payout on the gaming machine is not the percentage payout authorised by the licence for the machine.

126 Approval of statement for display on gaming machines (1) The Minister may approve a statement for display on each gaming machine at authorised premises. (2) An approval is a notifiable instrument.

127 Offences—maximum stake amount (1) An approved supplier commits an offence if the supplier— (a) supplies a gaming machine; and (b) intentionally sets the stake amount for the gaming machine higher than the amount prescribed by regulation under section 49 (Maximum stake amount).

(2) An approved technician commits an offence if the technician— (a) installs a gaming machine; and (b) intentionally sets the stake amount for the gaming machine higher than the amount prescribed by regulation under section 49. Division 6A.6 Trading of authorisations and gaming Subdivision 6A.6.1 Preliminary 127A Objects—div 6A.6 The objects of this division are to facilitate— (a) the trading of class C authorisations, with or without the related gaming machines, between class C licensees; and (b) the reduction of the number of class B authorisations in the Territory by— (i) allowing the trading of class B authorisations, without the related gaming machines, to class C licensees; and (ii) the conversion of traded class B authorisations to class C authorisations. Note 1 The acquisition of an authorisation or gaming machine under this division is a notifiable action (see s 99). Note 2 If a class C licensee acquires a class B authorisation, on receiving notification of the trade, the commission will amend the class C licensee’s authorisation schedule to record the authorisation as a class C

127B Definitions—div 6A.6 class B licensee means a licensee who is licensed to operate class B gaming machines in the ACT. class C licensee means a licensee who is licensed to operate class C gaming machines in the ACT. Subdivision 6A.6.2 Trading class B authorisations

127C Selling class B authorisations (1) A class B licensee (the disposing licensee) may dispose of 1 or more authorisations for class B gaming machines (a class B authorisation) to— (a) a class C licensee; or (b) a class B licensee, or an applicant for a class B licence, who is purchasing the disposing licensee’s business; or (c) the casino licensee. (2) The disposing licensee must notify the commission about the disposal of a class B authorisation to a class C licensee or the casino licensee. Note 1 The disposal of a class B authorisation is a notifiable action (see pt 13A and sch 2).

(3) The disposing licensee commits an offence if— (a) the disposing licensee sells a business to another person (the purchaser); and (b) the purchaser is not— (i) a class B licensee; or (ii) an applicant for a class B licence and authorisation certificate under section 28 (Licence and authorisation certificate for class B gaming machines—restricted application). (4) An offence against subsection (3) is a strict liability offence. (5) Subsection (3) does not apply if the class B licensee took all reasonable steps to ascertain whether the purchaser was a person mentioned in subsection (3) (b). Note 1 The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58). Note 2 A licensee who intends to acquire an authorisation from a class B licensee under this subdivision must tell the commission about the acquisition (see s 99). disposing licensee’s business means a business operated by the disposing licensee at authorised premises under a general or on licence. (7) This section is subject to section 127F (Trading authorisations— forfeiture requirements).

127D Offence—selling class B gaming machines (1) A class B licensee commits an offence if— (a) the class B licensee sells a class B gaming machine to another person; and (b) the sale of the class B gaming machine is not— (i) part of the sale of a business operated by the class B licensee at authorised premises under a general or on licence; or (ii) approved by the commission under section 113 (Approval of disposal of gaming machines); or (iii) part of a method of disposal approved by the commission under section 113A (Disposal of gaming machines— notifiable action). Subdivision 6A.6.3 Trading class C authorisations and gaming machines

127E Trading class C authorisations and gaming machines (1) This section applies if a class C licensee (an acquiring licensee)— (a) is allowed to operate class C gaming machines at authorised premises under an authorisation certificate; and (b) has less than the maximum number of authorisations for class C gaming machines allowed under the authorisation certificate.

(2) The acquiring licensee may acquire authorisations for the authorised premises (with or without the related gaming machines) from 1 or more class B or class C licensees (a disposing licensee). Note 1 A class C licensee who intends to acquire an authorisation under this subdivision must tell the commission about the acquisition (see s 99). The acquisition is a notifiable action (see s 99, s 173D and sch 2). Note 2 If the class C licensee notifies the commission about the acquisition of a gaming machine for authorised premises, the class C licensee’s authorisation schedule for the authorised premises will be amended to record the gaming machine’s serial number (see s 100 (2)). (3) The disposing licensee may dispose of 1 or more authorisations to the acquiring licensee. (4) This section is subject to section 127F.

127F Trading authorisations—forfeiture requirement (1) This section applies to the acquisition, by a licensee (the acquiring licensee), of an authorisation from another licensee (the disposing licensee), with or without the related gaming machine. (2) The acquiring licensee— (a) must acquire the authorisations in groups of 4 authorisations; and (b) may acquire the 4 authorisations from more than 1 class B or class C licensee. Example—par (b) Lili (an acquiring licensee) wants to acquire authorisations. Lili must acquire the authorisations in groups of 4. Brigitta (a class C licensee) has 2 class C authorisations to sell. Antoni (also a class C licensee) also has 2 class C authorisations to sell. Lili may acquire the 4 authorisations from Brigitta and Antoni. Under s (4), Lili must forfeit 1 of the acquired authorisations to the Territory. Note A failure to comply with s (2) (a) is a ground for disciplinary action

(3) However, the acquiring licensee may acquire less than 4 authorisations if the acquiring licensee acquires the authorisations from a disposing licensee who— (a) intends to surrender an authorisation certificate under section 37F (Surrender of licences, authorisation certificates and authorisations); and (b) has less than 4 authorisations to dispose of under the (4) The acquiring licensee must forfeit 1 authorisation to the Territory for every 4 authorisations the licensee acquires under this section. (5) The acquiring licensee is not entitled to claim compensation from the Territory for an authorisation forfeited to the Territory under subsection (4).

127G Offence—acquiring authorisations and gaming machines (a) the licensee acquires an authorisation or gaming machine for (b) the acquisition is not in accordance with this Act.

127H Selling class C gaming machines (1) A class C licensee commits an offence if— (a) the class C licensee sells a class C gaming machine to another person (the purchaser); and (b) the sale of the class C gaming machine is not— (i) to another class C licensee; or (ii) approved by the commission under section 113 (Approval of disposal of gaming machines); or (iii) part of a method of disposal approved by the commission under section 113A (Disposal of gaming machines— notifiable action). (3) Subsection (1) does not apply if the class C licensee took all reasonable steps to ascertain whether the purchaser was a class C licensee.

127I Selling class C authorisations (1) A class C licensee commits an offence if— (a) the class C licensee sells an authorisation for a class C gaming machine to another person (the purchaser); and (b) the purchaser is not a class C licensee or the casino licensee. (3) Subsection (1) does not apply if the class C licensee or the casino licensee took all reasonable steps to ascertain that the purchaser was a class C licensee or the casino licensee.

Subdivision 6A.6.4 Trading authorisations and gaming machines—miscellaneous

127J Trading authorisations—disposal of gaming machines (1) This section applies if a licensee (a disposing licensee)— (a) disposes of an authorisation under this division; but (b) does not dispose of the related gaming machine. (2) The disposing licensee must— (a) apply for a storage permit for an interim purpose under section 127O (Storage permit—application) for the gaming (b) dispose of the gaming machine in accordance with section 113A (Disposal of gaming machines—notifiable action).

127K Trading authorisations and gaming machines— regulations (1) A regulation may prescribe— (a) conditions relating to the trading of authorisations and gaming machines under this division, including restricting or suspending the trading of authorisations or gaming machines— (i) in a stated location; or (ii) for a stated period, or until a stated event occurs; and (b) any other requirements in relation to the trading of authorisations (with or without gaming machines) under this division, including in relation to arrangements for acquiring or disposing of gaming machines.

(2) The commission may make recommendations to the Minister for appropriate regulations under subsection (1), including in relation to the following: (a) whether the increase of trading in authorisations (with or without gaming machines) in a particular location will have an adverse effect on problem gamblers; (b) whether it is in the public interest to restrict or suspend the trading of authorisations (with or without gaming machines) under this division, either generally or in relation to a stated location. (3) If the commission makes recommendations to the Minister under subsection (2), the Minister must consider the recommendations. Division 6A.7 Storage of authorisations and gaming Subdivision 6A.7.1 Interpretation 127L Meaning of storage permit—Act storage permit means a permit that authorises a licensee to store 1 or more gaming machines, with or without the authorisations for the gaming machines— (a) for the purpose stated in the permit; and (b) at the place stated in the permit; and (c) for the period stated in the permit.

127M Definitions—div 6A.7 general purpose, for a storage permit—see section 127N (a). inspection notice—see section 127ZE (1). interim purpose, for a storage permit—see section 127N (b). storage period, for a gaming machine or authorisation to which a storage permit applies, means the period for which the gaming machine or authorisation is to be stored under the permit. storage rules means the rules determined by the commission under section 127ZF. stored authorisation means an authorisation stored under a storage permit. stored gaming machine means a gaming machine stored under a storage permit. Subdivision 6A.7.2 Storage permits—application and

127N Storage permits—purpose The commission may issue a licensee with a storage permit for 1 of the following purposes: (a) to store 1 or more gaming machines, and the authorisations for the gaming machines, for a stated period of not longer than 12 months (a general purpose); (b) to store 1 or more gaming machines to be disposed of or destroyed for a period of not longer than 3 months (an interim purpose). Note The commission can, on application, extend the term of a storage permit for a general purpose (see s 127W).

127O Storage permit—application (1) A licensee may apply to the commission for a storage permit to store 1 or more gaming machines and the authorisations for the gaming machines (if any). (b) state the purpose and the period for which the storage permit is required; and (c) if the application is by a class B licensee for a storage permit for a general purpose—state why the storage permit is needed; and Note A class B licensee will not be issued with a storage permit for a general purpose unless the commission is satisfied that the storage permit is needed for a good reason (see s 127P (2) (c)). (d) state the class of gaming machine to be stored under the storage permit; and (e) state the place where each gaming machine to be stored is located; and (f) state the type of premises where each gaming machine is to be stored; and (g) state whether the premises will be used to store gaming machines for 2 or more licensees; and (h) state the serial number for each gaming machine to be stored under the storage permit; (i) state the authorisation number for each authorisation to be stored under the storage permit. Note It is an offence to make a false or misleading statement, give false or

127P Storage permit—decision on application (1) This section applies if the commission receives an application for a storage permit under section 127O. (2) The commission must issue the storage permit to the licensee if satisfied— (a) that the gaming machine and authorisation (if any) to be stored under the permit are from the same authorised premises; and (b) that the type of premises where the gaming machines are to be stored are suitable for the storage of gaming machines; and (c) if the application is by a class B licensee for a storage permit for a general purpose—that the storage permit is needed for a good reason; and 1 renovations are being carried out at the authorised premises where the gaming machines to be stored under the permit are located 2 the authorised premises where the gaming machines to be stored under the permit are located have been damaged (d) if 2 or more licensees are to store gaming machines at the premises— (i) that the premises where the gaming machines are to be stored are suitable for the storage of gaming machines by that number of licensees; and (ii) that each licensee has applied for a storage permit under section 127O. Note 1 The commission must include in the register the serial number of, and authorisation number for, a gaming machine stored under a storage permit for a general purpose (see Control Act, s 52 (2) (d)). Note 2 The commission may refuse to consider an application that is not properly

Note 3 If additional information in relation to an application is not given to the Subdivision 6A.7.4 Storage permits—form

127S Storage permit—form A storage permit must— (b) state the following: (i) the name of the licensee; (ii) whether the permit is for a general purpose or an interim purpose; (iii) the day the permit comes into force and the day it expires; (iv) the authorised premises— (A) for a storage permit for a general purpose—for each gaming machine with its associated authorisation to be stored under the permit; or (B) for a storage permit for an interim purpose—where each gaming machine to be stored under the storage permit was operated; (v) the number of each of the following to be stored under the permit: (A) for a storage permit for a general purpose—gaming machines with their associated authorisations; (B) for a storage permit for an interim purpose—gaming (vi) the conditions on the permit; and

(c) include a statement that— (i) a breach of a condition of the permit may be a ground for disciplinary action; and (ii) it is an offence under section 104 (Offence—operating unauthorised or stored gaming machines) to operate a stored gaming machine during the period of the storage permit; and (d) include a schedule of the following information: (i) the serial number of each gaming machine to be stored under the permit; (ii) for a storage permit for a general purpose—the authorisation number for each gaming machine’s associated authorisation; and (e) include anything else prescribed by regulation. Subdivision 6A.7.5 Storage permits—conditions

127T Storage permit—conditions (1) A storage permit is subject to the following conditions: (a) the licensee must comply with this Act; (b) the licensee must not exchange a stored gaming machine with another gaming machine that the licensee may operate under an authorisation certificate; Note The licensee must apply for— (a) an amendment of the permit to remove the details of the stored gaming machine; and (b) if a new gaming machine is to be stored in place of the stored gaming machine—a new permit for the new gaming machine.

(c) the licensee must— (i) take meter readings from each gaming machine to be stored under the permit; and (ii) immediately after taking the meter readings, render the gaming machine inoperable; and (iii) give the commission details of the meter readings taken under subparagraph (i); (d) the licensee may dispose of a stored gaming machine if— (i) the disposal is in accordance with division 6A.6 (Trading of authorisations and gaming machines), an approval under section 113 (Approval of disposal of gaming machines) or section 113A (Disposal of gaming machines—notifiable action); and (ii) the licensee gives the commission a notification under section 127X (Permit amendment—notification) to amend the permit; (e) a stored gaming machine must not be operated during the period of the permit; (f) the licensee must not operate another gaming machine under the authorisation for a stored gaming machine; (g) the licensee may trade a stored authorisation with another licensee if— (i) the trade is in accordance with division 6A.6 (Trading of authorisations and gaming machines); and (ii) the licensee applies for an amendment of the permit under section 127ZB (Trading authorisations under permits— procedure);

(h) if the licensee receives an inspection notice, the licensee must allow an authorised officer to inspect the stored gaming machines and the premises where the gaming machines are stored; (i) for a permit issued for an interim purpose—the licensee must dispose of the gaming machine stored under the permit before the permit ends. (2) A permit is subject to any other condition— (a) determined by the commission under the storage rules; or (b) imposed by the commission when the permit is issued, renewed or amended, if it is necessary to ensure the safeguarding of gaming machines generally; or (c) prescribed by regulation. Note 1 A reference to an Act includes a reference to the statutory instruments Note 2 A permit may be amended under s 127Y or s 127Z.