Gaming Machine Act 2004
127CSelling class B authorisations
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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).