Div 3CProvisions relating to clubs

Division 3C—Provisions relating to clubs 27H—Dealing with gaming machine licence on amalgamation of clubs (1) If— (a) 2 or more associations incorporated under the Associations Incorporation Act 1985 (the amalgamating clubs) amalgamate under that Act as a single incorporated association (the amalgamated club); and (b) the amalgamated club is to carry on business at the premises of 1 of the amalgamating clubs (the amalgamated club premises); and (c) an application has been made to the Commissioner on behalf of the amalgamating clubs under section 65A of the Liquor Licensing Act 1997; and (d) 1 or more of the amalgamating clubs holds a gaming machine licence, the Commissioner may, on application on behalf of the amalgamating clubs— (e) revoke a gaming machine licence; or (f) issue a replacement copy of a gaming machine licence; or (g) reallocate gaming machine entitlements, in accordance with this section. (2) If— (a) only 1 of the amalgamating clubs is the holder of a gaming machine licence; and (b) the amalgamated club premises are the premises to which the gaming machine licence relates, the Commissioner may— (c) issue a replacement copy of the gaming machine licence in the name of the amalgamated club; and (d) reallocate the gaming machine entitlements held in respect of the premises to which that gaming machine licence relates to the amalgamated club to be held in respect of the amalgamated club premises. (3) If— (a) 2 or more of the amalgamating clubs hold a gaming machine licence; and (b) 1 of those gaming machine licences is held in respect of the amalgamated club premises, the Commissioner may— (c) revoke the gaming machine licence of 1 or more of the amalgamating clubs; and (d) issue a replacement copy of the gaming machine licence in the name of the amalgamated club in respect of the amalgamated club premises; and (e) reallocate gaming machine entitlements held in respect of premises to which the revoked gaming machine licenses relate to the amalgamated club to be held in respect of the amalgamated club premises. 27I—Transfer of gaming machine licences and gaming machine entitlements (1) The Commissioner may, on application by the holder of a club licence, approve the transfer of a gaming machine licence— (a) to that holder jointly with 1 or more other holders of separate club licences; or (b) to the holder of another club licence or the holders of separate club licences to be held jointly by them. (2) The holder of a club licence who holds a gaming machine licence may transfer, absolutely or for a limited period, under an arrangement approved by the Commissioner, a gaming machine entitlement to the holder of another club licence who also holds a gaming machine licence. (3) The holder of the special club licence may, under an arrangement approved by the Commissioner, transfer, absolutely or for a limited period, a gaming machine entitlement to the holder of a club licence who also holds a gaming machine licence. (4) The Commissioner may issue a replacement copy of a gaming machine licence or the special club licence with such alterations as may be required to reflect an approval granted under this section. 27J—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. 27K—Provisions relating to premises held under a lease The following provisions apply in relation to an application under this Division in respect of premises that are held under a lease: (a) if the lease is entered into after the commencement of this Division, an application may not be made in contravention of any express provision of the lease; (b) if the lease was entered into before the commencement of this section, an application under this Division may only be made if— (ii) the District Court, on application by a proposed applicant under this Division, 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.