Gaming Machine Act 2004
36Authorisation certificate amendment decision—premises
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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.