28Location and line of sight of cash dispensing facilities—the Act, s 47

#### 28 Location and line of sight of cash dispensing facilities—the Act, s 47 28 Location and line of sight of cash dispensing facilities—the Act, s 47 > > (1) A hotelier or registered club must not permit a cash dispensing facility to be visible— > > > > > (a) from an approved gaming machine in the hotel or registered club, or > > > > > (b) from within, or from an entrance to or exit from, a gaming area in the hotel or registered club. > > > > Maximum penalty—50 penalty units. > > > (2) A hotelier or registered club must not permit the following to be visible from a cash dispensing facility— > > > > > (a) an approved gaming machine or part of an approved gaming machine, > > > > > (b) a monitor used to display the jackpot prize from an authorised progressive system, > > > > > (c) an entrance to, or exit from, a gaming area. > > > > Maximum penalty—50 penalty units. > > > (3) If a cash dispensing facility is located in a hotel or on club premises, the hotelier or registered club must locate the cash dispensing facility— > > > > > (a) unless the Secretary has granted the hotelier or registered club an approval under subclause (6)—in a location outside a 5m radius of any entrance to, or exit from, a gaming area in the hotel or club, or > > > > > (b) if the Secretary has granted the hotelier or registered club an approval under subclause (6)—in the location specified in the approval. > > > > Maximum penalty—50 penalty units. > > > (4) A hotelier or registered club may apply to the Secretary for approval to locate a cash dispensing facility other than in accordance with subclause (3)(a) if it is not possible for the hotelier or registered club to comply with subclause (3)(a) because to do so would result in the hotelier or registered club contravening— > > > > > (a) the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), the regulations under that Act or an environmental planning instrument, or > > > > > (b) the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010) or the regulations under that Act. > > > (5) An application for an approval under subclause (4) must be in the form approved by the Secretary. > > > (6) The Secretary may grant a hotelier or registered club an approval to locate a cash dispensing facility in a location other than in accordance with subclause (3)(a) only if the Secretary is satisfied— > > > > > (a) it is not possible for the hotelier or registered club to comply with subclause (3)(a) because to do so would result in the hotelier or registered club contravening a law or instrument referred to in subclause (4)(a) or (b), and > > > > > (b) the proposed location is the furthest possible location accessible to patrons from— > > > > > > > (i) the nearest approved gaming machine, and > > > > > > > (ii) the nearest entrance to, or exit from, a gaming area in the hotel or club. > > > (7) If the Secretary grants an approval under subclause (6), the Secretary must give the hotelier or registered club written notice of the approval that specifies the location in which the cash dispensing facility must be located. > > > (8) The Secretary may vary, revoke or suspend an approval under subclause (6) by giving written notice to the hotelier or registered club. > > **cl 28:** Subst 2024 (250), Sch 1\[11\]. Am 2024 (633), Sch 1\[2\].