Division 2Division 2 Tradeable gaming machine entitlement scheme
16 Certificate of gaming machine entitlements
(1) The number of gaming machine entitlements held in respect of a hotel licence or club licence from time to time is to be specified in a certificate issued by the Authority to the hotelier or club concerned. The certificate may be incorporated in the relevant hotel or club licence.(2) Any such certificate may also specify the gaming machine threshold for the hotel or club premises concerned.
19 Transfer of gaming machine entitlements
(1) A gaming machine entitlement held in respect of a hotel licence or club licence is transferable.(2) The transfer of a gaming machine entitlement does not have any effect unless the transfer:(a) is approved by the Authority, and(b) complies with the requirements of this Division and any requirements specified in the regulations.(3) An application for the Authority’s approval of the transfer of a gaming machine entitlement must:(a) be accompanied by the fee (if any) prescribed by the regulations, and(b) be accompanied by such particulars or other matter as may be required by the Authority in relation to the proposed transfer, and(c) in the case of an application for the transfer of an entitlement held in respect of a hotel licence—demonstrate, to the satisfaction of the Authority, that the proposed transfer is supported by each person who, in the opinion of the Authority, has a financial interest in the hotel licence, and(d) be in the form and manner determined by the Authority from time to time.(4) (Repealed)(5) For the purposes of subsection (3) (c), a person is taken to have a financial interest in a hotel licence if the person is entitled to receive any income derived from the business carried on under the authority of the licence or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise).(6) However, a person is not, for the purposes of subsection (3) (c), to be considered as having a financial interest in a hotel licence by reason only of being the owner of the hotel.(7) (Repealed)
20 General requirements relating to transfer of gaming machine entitlements
(1) Gaming machine entitlements held in respect of a hotel licence may only be transferred to another hotel licence.(1A) (Repealed)(2) Gaming machine entitlements held in respect of a club licence may only be transferred to another club licence.(2A) If a hotel licence or a club licence is removed under the Liquor Act 2007 to other premises, any gaming machine entitlements held in respect of the premises from which the licence is removed may only be transferred to the premises to which the licence is removed if they are transferred in accordance with this Division.(3) Subject to this Act, the following requirements apply to the transfer of gaming machine entitlements:(a) a transfer must comprise one or more blocks of 2 or 3 gaming machine entitlements nominated by the transferor (referred to in this Division as a transfer block),(b) from each such transfer block, one of the entitlements must be forfeited to the Authority.(4) A transfer block may comprise gaming machine entitlements that are held in respect of more than one hotel licence or more than one club licence.(5) Despite subsection (3), one gaming machine entitlement held in respect of a hotel licence that relates to a country hotel (the transferring hotel) may be transferred in any period of 12 months without the requirements of that subsection applying to the transfer if:(a) the transfer is to another hotel licence that is held in relation to a country hotel, and(b) the gaming machine threshold for the transferring hotel is not more than 8.(6) Subsection (3) continues to apply in respect of any subsequent transfer, in any period of 12 months, of gaming machine entitlements held in respect of a hotel licence of a transferring hotel as referred to in subsection (5).(7) If the Authority approves the transfer of gaming machine entitlements, the Authority is to decrease, by the number of entitlements transferred, the gaming machine threshold for the hotel or the premises of the club from which the entitlements are transferred.(8) To avoid doubt, the amount by which the gaming machine threshold for the hotel or club premises concerned is to be decreased is to include the number of entitlements that are required to be forfeited under this section because of the transfer.
21 Other provisions relating to transfer of gaming machine entitlements
(1) In the case of a hotel licence that relates to a country hotel, no more than one block of gaming machine entitlements held in respect of the licence may be transferred in any period of 12 months to a hotel licence held in relation to a hotel that is situated in a metropolitan area.(1A) If, in the case of the removal of a hotel licence or club licence under the Liquor Act 2007:(a) any gaming machine entitlements held in respect of the premises from which the licence is removed are transferred to other premises, and(b) those other premises are situated in the same local government area as the previous premises,the forfeiture to the Authority of one gaming machine entitlement per transfer block is not required.(2) If, in the case of a club that holds more than one club licence, gaming machine entitlements held in respect of one of those licences are transferred to another one of the club’s licences, the forfeiture to the Authority of one entitlement per transfer block is not required.Note. Section 19 (2) of the Liquor Act 2007 provides that each set of premises owned or occupied by a club must be separately licensed under that Act.(3) If:(a) an amalgamated club (within the meaning of the Registered Clubs Act 1976) de-amalgamates in accordance with Division 1B of Part 2 of that Act, and(b) any gaming machine entitlements held in respect of the club licence for the relevant premises (as referred to in that Division) are, in connection with the de-amalgamation, transferred to the club licence held by the de-amalgamated club for those premises,the forfeiture to the Authority of one entitlement per transfer block is not required.(4) If for the time being the number of gaming machine entitlements held in respect of a club licence is 10 or less (the remaining entitlements), the club cannot transfer any of those remaining entitlements unless the transfer has been approved in principle at an extraordinary general meeting of the ordinary members of the club (being an approval supported by a majority of the votes cast at the meeting).(5) If a liquidator has been appointed for a club and any gaming machine entitlements held in respect of any club licence held by the club are proposed to be transferred, the forfeiture to the Authority of one entitlement per transfer block is required.(6) (Repealed)
23 Transfer of gaming machine entitlements when hotel or club licence surrendered or cancelled
(1) If a hotel licence or club licence is surrendered or cancelled any gaming machine entitlements held in respect of the licence concerned may, in accordance with this Division, be transferred.(2) If any such gaming machine entitlements have not been transferred at the end of the period of 12 months immediately following the surrender or cancellation of the hotel or club licence concerned, the remaining entitlements are forfeited to the Authority.(3) However, a remaining entitlement may be retained for a further period of up to 12 months if a levy is paid to the Authority to retain the entitlement for that period. The levy is $500 for each of the remaining entitlements intended to be retained.(4) The Authority may, in the case of a club, allow a gaming machine entitlement to be retained for the further period without requiring the payment of the levy under subsection (3) if the Authority is satisfied that the delay in transferring the remaining entitlements is due to circumstances beyond the control of the proposed transferor of the entitlements.(5) If the remaining gaming machine entitlements have not been transferred by the end of the further 12-month period under subsection (3) the entitlements are forfeited to the Authority.(6) Any levy paid under this section is to be paid into the Community Development Fund.