Div 3Applications, criteria and licence conditions

Division 3—Applications, criteria and licence conditions 18—Requirements for licence application (1) An application for a licence— (c) may, in the case of an application for a gaming machine licence, be made by a person who does not yet hold the requisite liquor licence but is an applicant for such a licence; (d) if the application is a designated application—must comply with any requirements in the community impact assessment guidelines. (4) An application for a gaming machine licence or for the removal of a gaming machine licence must be accompanied by a plan of the proposed licensed premises that delineates the gaming area or gaming areas within which the gaming machines are to be installed. (5) An applicant for the gaming machine monitor licence must submit with the application the specifications for the proposed monitoring system. 19—Certain criteria must be satisfied by all applicants (1) An applicant for a licence must satisfy the Commissioner by such evidence as the Commissioner may require— (a) that the applicant is a fit and proper person to hold the licence; and (b) if the applicant is a trust or corporate entity—that each person who occupies a position of authority in the entity is a fit and proper person to occupy such a position in an entity holding a licence of the class sought in the application. (2) The Commissioner may determine that an applicant need not comply with subsection (1) if the Commissioner is satisfied that the applicant is otherwise fit and proper to hold a licence or occupy a position of authority in a trust or corporate entity that holds a licence. 21—Special criteria for gaming machine monitor licence An applicant for the gaming machine monitor licence must satisfy the Commissioner by such evidence as the Commissioner may require that the applicant has appropriate management and technical expertise. 22—Holder of monitor licence cannot hold other licences The holder of the gaming machine monitor licence cannot hold any other licence under this Act. 23—Minors not to hold licence etc (1) A minor cannot— (a) hold a licence; or (b) occupy a position of authority in a trust or corporate entity that holds a licence. 24—Discretion to refuse application (1) Subject to this Act, the Commissioner has an unqualified discretion to refuse an application under this Part on any ground, or for any reason, that the Commissioner thinks fit. (2) The Commissioner should not grant an application as a matter of course without a proper inquiry into its merits (whether or not the Commissioner of Police has intervened in the proceedings or there are any written submissions in relation to the application). (3) An application for a licence can only be granted if the Commissioner is satisfied that to grant the application would not be contrary to the public interest. 24A—Special club licence (1) The special club licence is to be granted to a body (referred to in this Act as Club One) that, on making due application for the licence, satisfies the Commissioner— (a) that it is representative of a substantial number of clubs in the State; and (b) that it has available to it the appropriate skills and expertise to operate gaming machines, and conduct gaming machine business. (2) The directors, or members of the board of management, of Club One must include the following: (a) at least 1 person who is a lawyer of at least 3 years standing with experience in the club and gaming industry; (b) at least 1 person who is a qualified accountant of at least 3 years standing with experience in the club and gaming industry; (c) at least 1 person with experience in dealing with the issues of problem gambling and gambling addiction. (3) When Club One, in the exercise of its powers as the holder of the special club licence, has or operates gaming machines on the premises of some other person holding a gaming machine licence or the casino premises— (a) Club One is to be regarded as an agent of the holder of the gaming machine licence or the holder of the casino licence (as the case may require); and (b) Club One and the holder of the gaming machine licence or casino licence are jointly and severally responsible to ensure compliance with the conditions of the gaming machine licence or casino licence; and (c) breach of a condition of the gaming machine licence or casino licence is to be regarded as a breach by each licensee of a condition of their respective licences; and (d) Club One and the holder of the gaming machine licence or casino licence are jointly and severally responsible to ensure compliance with— (i) the provisions of this Act or the Casino Act 1997 regarding payment of gaming tax; and (ii) the keeping of accounts and the furnishing of monthly returns. (4) A special club licence is subject to the following further conditions: (a) a condition requiring the holder of the licence to submit for the Commissioner's approval contracts or arrangements under which management services are to be provided, officers or employees engaged in senior management positions are to be remunerated or profits are to be shared with other licensees; (b) a condition requiring the holder of the licence to provide a report to the Minister, no later than 30 September in each year, on the conduct of its financial affairs during the financial year ending on the previous 30 June, including reference to distribution of funds among community, sporting and recreational groups; (c) other conditions determined by the Commissioner and specified in the licence. (5) The Minister must, within 12 sitting days of receiving the report referred to above, cause a copy of the report to be laid before each House of Parliament. (6) Nothing in this section will be taken to prevent the grant of the special club licence to some other person or authority in the event of the licence being surrendered or revoked pursuant to this Act, provided that the other person or authority satisfies the Commissioner of the matters set out in subsection (1) and otherwise complies with the provisions of this section as they apply to Club One. 25—Independent Gaming Corporation (1) The body corporate known as the Independent Gaming Corporation will, on due application being made and the Commissioner being satisfied as to the matters specified in sections 19 and 21, be granted the gaming machine monitor licence issued under this Act. (2) Nothing in this section will be taken to prevent the grant of the gaming machine monitor licence to some other person or authority in the event of the Independent Gaming Corporation not being granted the licence or, if it is granted the licence, in the event of the licence being surrendered or revoked pursuant to this Act. 26A—How licences are to be held (1) A licence may be held jointly by two or more persons. (2) If a licence is held jointly by two or more persons, those persons are jointly and severally liable to any civil or criminal liability that attaches to the licensee under this Act. (3) If the trustee of a trust holds a licence for the purposes of a business conducted by the trustee under a trust— (a) the name of the trust is to be specified in the licence; and (b) the trust is to be considered as an entity holding the licence jointly with the trustee. 27—Conditions (1) The conditions to which a gaming machine licence will be subject are set out in Schedule 1. (2) The conditions to which the gaming machine monitor licence will be subject are set out in Schedule 2. (3) The Commissioner may grant any other licence under this Act subject to such conditions as he or she thinks fit and specifies in the licence. (7) In fixing (or varying) the hours during which gaming operations may be conducted pursuant to a gaming machine licence, the Commissioner— (b) must ensure that there are at least 6 hours in each 24 hour period (which may be a continuous period of 6 hours, or 2 separate periods of 3 hours or 3 separate periods of 2 hours) during which gaming operations cannot be conducted on the premises; and (ba) must ensure that gaming operations cannot be conducted on the premises on Christmas Day or Good Friday. 27AA—Variation of licence (1) Subject to this section, the Commissioner may, by notice in writing addressed to the licensee, vary or revoke any condition of a licence or impose further conditions on the licence. (2) The Commissioner may exercise his or her powers under subsection (1) on his or her own initiative or on application by the licensee or the Commissioner of Police. (3) The Commissioner cannot revoke the statutory conditions of a licence and cannot vary them except in relation to those matters that are determinable by the Commissioner for the purposes of those conditions. (4) The Commissioner may, after receiving an application for variation of a gaming machine licence, determine that the application is to be a designated application for the purposes of section 17A. (7) In determining an application for a variation of a gaming machine licence, the Commissioner must have regard to the matters set out in section 15(5)(a) (to the extent they are relevant to the application).