Div 4Transfer of licences

Division 4—Transfer of licences 28—Certain licenses only are transferable (1) If a general and hotel licence or an on premises licence is transferred, any gaming machine licence held by the transferor may on application and, with the consent of the Commissioner, be transferred to the transferee of the general and hotel or on premises licence. (1b) A gaming machine licence is not transferable otherwise than under subsection (1) or Part 3 Division 3C. (2) No other licence under this Act is transferable. (3) The Commissioner cannot consent to the transfer of a gaming machine licence unless— (c) each applicant satisfies the Commissioner, by such evidence as the Commissioner may require— (i) that the applicant is a fit and proper person to hold the licence; and (ii) 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 such a licence. (5) An application under subsection (1) may be made by a person who is not yet the holder of a general and hotel licence or an on premises licence but who is an applicant for the transfer of such a licence. (7) A licensee cannot sell or assign the rights to carry on business in pursuance of a gaming machine licence to which subsection (1) refers unless the Commissioner has consented to the transfer of the licence to the purchaser or assignee in accordance with this section. (8) Subsection (7) does not prevent a licensee from entering into a contract for the sale or assignment of those rights if the contract is subject to a condition precedent that the sale or assignment will not take effect unless and until the Commissioner has consented to the transfer of the licence to the purchaser or assignee in accordance with this section. (9) Subject to subsection (10), where a gaming machine licence is transferred pursuant to this section, each transferee succeeds to the liabilities of the transferor under this Act. (10) A transferee of a gaming machine licence is jointly and severally liable with the transferor for any gaming tax outstanding at the date of transfer, except for any such tax arising out of an intentional understatement of gross gaming turnover or net gambling revenue by the transferor. 28AAB—Discretion to grant or refuse application under section 28 (1) Subject to this Act, the Commissioner has an unqualified discretion to grant or refuse an application for consent under section 28 on any ground, or for any reason, that the Commissioner thinks fit. (2) The Commissioner should not grant an application for consent under section 28 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 consent under section 28 can only be granted if the Commissioner is satisfied that to grant the application would not be contrary to the public interest.