Div 3BRemoval etc of gaming machine licence

Division 3B—Removal etc of gaming machine licence 27F—Removal of gaming machine licence (1) The Commissioner may, on application by the holder of a gaming machine licence, approve the removal of the gaming machine licence and the reallocation of gaming machine entitlements held by the licensee from 1 set of premises (premises A) to another (premises B) if— (a) the licensing authority has granted an application for the removal of a liquor licence from premises A to premises B under Part 4 Division 4 of the Liquor Licensing Act 1997; and (b) premises A and premises B are in the same locality; and (c) in the case of an application that is a designated application—the applicant has satisfied the requirements (if any) set out in the community impact assessment guidelines. (2) In determining an application for the removal of a gaming machine licence under this section, the Commissioner must have regard to the matters set out in section 15(5)(a) (to the extent that they are relevant to the application). (3) The following provisions apply in relation to an application under this section in respect of premises that are held by a licensee under a lease: (a) if the lease is entered into after the commencement of this section, an application may not be made in contravention of any express provision in the lease; (b) if the lease was entered into before the commencement of this section, the licensee may only make an application under this section if— (ii) the District Court, on application by the licensee, determines that it is fair and equitable to authorise the making of the application and gives its authorisation accordingly; (c) if the District Court gives an authorisation under paragraph (b)(ii), it may impose conditions or make consequential alterations to the term of the lease, as the Court thinks fit. (4) The Commissioner may issue a replacement copy of the gaming machine licence with such alterations as may be required to reflect an approval granted under this section. 27G—Commissioner may determine application is a designated application The Commissioner may, after receiving an application under this Division, determine that the application is to be a designated application for the purposes of section 17A.