Gaming Machines Act 2001 No 127
Current version for 1 January 2014 to date (accessed 20 December 2014 at 07:57)
Part 7

Part 7 Gaming-related licences

Division 1 Preliminary

82   Definitions

In this Part:

licence fee means the fee payable for a gaming-related licence or work permit under this Part in respect of a licensing period.

licensing period means a period prescribed by the regulations for the purposes of section 108.

records includes plans, specifications, maps, reports, books and other documents (whether in writing, in electronic form or otherwise).

83   Types of gaming-related licences and authority they confer

(1)  For the purposes of this Act, the types of gaming-related licences, and the authority they confer, are as follows:
(a)  gaming machine dealer’s licence—authorises the licensee:
(i)  to manufacture and assemble gaming machines in or on the premises specified in the licence, and
(ii)  to sell, or negotiate the sale of, approved gaming machines (whether or not manufactured or assembled by the licensee), and
(iii)  to service, repair and maintain approved gaming machines in or on the premises specified in the licence,
(b)  gaming machine seller’s licence—authorises the licensee:
(i)  as an employee of the holder of a dealer’s licence or seller’s licence—to negotiate on behalf of the employer the sale of approved gaming machines, and
(ii)  to sell, as principal or agent, approved gaming machines,
(c)  gaming machine technician’s licence—authorises the licensee:
(i)  to service, repair and maintain approved gaming machines, and
(ii)  as an employee of the holder of a testing facility licence—to carry out, in the course of that employment, the authorised functions of that licensee,
(d)  (Repealed)
(e)  gaming machine testing facility licence—authorises the licensee, in or on the premises specified in the licence, to test gaming machines:
(i)  in connection with an application under section 63, or
(ii)  in such other circumstances as the Authority may determine,
to ascertain whether the gaming machines meet the technical standards adopted by the Authority.
(2)  The authority conferred by a gaming-related licence is subject to this Act and to any conditions to which the licence is subject.
(3)  If a corporation is the holder of a dealer’s licence, seller’s licence or testing facility licence, the authority conferred by this section on the corporation extends to a director or secretary of the corporation.
(4)  The Authority may, on the application of the holder of a dealer’s licence, vary by endorsement on the licence the premises referred to in subsection (1) (a).

Division 2 Requirement for gaming-related licences

84   Manufacturing or assembling of gaming machines

(1)  A person who manufactures or assembles a gaming machine is guilty of an offence unless the person:
(a)  holds a dealer’s licence, or
(b)  is a director or secretary of a corporation that holds a dealer’s licence, or
(c)  is an employee of the holder of a dealer’s licence and is doing work as such an employee.

Maximum penalty: 100 penalty units or imprisonment for 12 months, or both.

(2)  The holder of a dealer’s licence who manufactures or assembles a gaming machine otherwise than in accordance with the authority conferred by the licence is guilty of an offence.

Maximum penalty: 100 penalty units or imprisonment for 12 months, or both.

(3)  Subsection (2) does not apply to the manufacture or assembly of a gaming machine by the holder of a dealer’s licence if:
(a)  the Authority has agreed to the making of an application by the licensee to have the gaming machine declared as an approved gaming machine, and
(b)  the manufacture or assembly of the gaming machine is for the purposes of the application and its investigation.

85   Sale of gaming machines

(1)  A person who sells an approved gaming machine is guilty of an offence unless:
(a)  the person is the holder of a dealer’s licence or seller’s licence, or
(b)  the person is a director or secretary of a corporation that is the holder of such a licence.

Maximum penalty: 100 penalty units or imprisonment for 12 months, or both.

(2)  It is a defence to a prosecution for an offence under subsection (1) if it is proved that the defendant, without being the holder of a seller’s licence, exercised a function of the holder of such a licence but did so only:
(a)  for the purpose of receiving training or instruction in the exercise of the function, and
(b)  under the supervision of the holder of such a licence.
(3)  (Repealed)
(4)  The holder of a dealer’s licence or seller’s licence who sells an approved gaming machine otherwise than as authorised by the licence is guilty of an offence.

Maximum penalty: 100 penalty units or imprisonment for 12 months, or both.

(5)  This section does not prohibit the sale of an approved gaming machine by:
(a)  a hotelier or club with the approval of the Authority if any conditions imposed by the Authority when approving the disposal of the gaming machine are complied with, or
(b)  a hotelier whose hotel licence has been cancelled or who has been disqualified for a period from holding such a licence, if the sale is effected in accordance with arrangements approved by the Authority, or
(c)  a club whose licence under the Liquor Act 2007 has been cancelled (or which has been disqualified for a period from holding a club licence under that Act) if the sale is effected in accordance with arrangements approved by the Authority.

86   Servicing and repair of gaming machines

(1)  A person who services or repairs an approved gaming machine is guilty of an offence unless the person:
(a)  holds a dealer’s licence or is a technician, or
(b)  services or repairs the gaming machine under the supervision of the holder of a dealer’s licence or a technician for the purpose of receiving training and instruction in respect of the servicing and repair of approved gaming machines.

Maximum penalty: 100 penalty units or imprisonment for 12 months, or both.

(2)  The holder of a dealer’s licence or a technician who services or repairs an approved gaming machine otherwise than in accordance with the authority conferred by the licence is guilty of an offence.

Maximum penalty: 100 penalty units or imprisonment for 12 months, or both.

87   (Repealed)

Division 3 Licensing scheme

88   Applications for gaming-related licences

(1)  A person may apply to the Authority for a gaming-related licence.
(2)  The Authority may refuse or grant such an application.
(3)  An application for a gaming related licence must:
(a)  be in the form approved by the Authority, and
(b)  be accompanied by the fee prescribed by the regulations, and
(c)  be made in the manner prescribed by the regulations, and
(d)  if so required by the regulations, be advertised in accordance with the regulations.
(4)  An application for a gaming-related licence may not be made by:
(a)  a person who is under the age of 18 years, or
(b)  a person who is disqualified under section 131 from holding a gaming-related licence, or
(c)  a person who is the holder of a suspended gaming-related licence.
(5)  An application for a gaming-related licence of a particular type:
(a)  may be made only by persons of a class or description prescribed by the regulations, or
(b)  may not be made by a person of a class or description prescribed by the regulations,
if the regulations so provide in relation to that type of gaming-related licence.
(6)  (Repealed)

89   Interim work permits

(1)  The Authority may, pending the determination of an application for:
(a)  a seller’s licence, or
(b)  a technician’s licence, or
(c)  (Repealed)
(d)  a testing facility licence,
issue a work permit in a form approved by the Authority.
(2)  A work permit is subject to any conditions or restrictions of which the holder of the permit is notified by the Authority when the permit is issued or at any later time.
(3)  A work permit may be cancelled by the Authority at any time and, unless sooner surrendered or cancelled, ceases to have effect on approval or refusal of the application made by the holder of the work permit for a gaming-related licence.
(4)  Subject to any condition or restriction imposed under subsection (2), this Act applies to the holder of a work permit in the same way as it applies to the holder of a gaming-related licence of the same kind as that applied for by the holder of the work permit.

90   (Repealed)

91   Disclosure of interested parties

(1)  An application for a gaming-related licence (other than an application to be licensed as an employee), must be accompanied by a written statement by a person having knowledge of the facts stating:
(a)  that the person has made all reasonable inquiries to ascertain the information required to complete the statement, and
(b)  whether there are any persons (other than financial institutions) who will be interested in the business, or the profits of the business, carried on under the licence, and
(c)  if there are any such persons, their names and dates of birth and:
(i)  in the case of a proprietary company—the names of the directors and those shareholders who have a substantial holding (within the meaning of the Corporations Act 2001 of the Commonwealth) in the company, and
(ii)  in the case of a public company—the names of the directors.
(2)  For the purposes of subsection (1), a person is interested in the business, or the profits of the business, carried on under the licence if the person is entitled to receive:
(a)  any income derived from the business, 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), or
(b)  any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on.

92   Updating of applications

If, before an application for a gaming-related licence is granted or refused, a change occurs in the information provided in, or in connection with, the application (including information provided under this section) or in the documents lodged with the application, the applicant must immediately give the Authority notice in writing specifying particulars of the change.

Maximum penalty: 20 penalty units.

93   (Repealed)

94   Investigations, inquiries and referrals in relation to licence applications

(1)  If the Authority receives an application for a gaming-related licence, the Authority:
(a)  may carry out such investigations and inquiries in relation to the application as the Authority considers necessary for a proper consideration of the application, and
(b)  is to refer the application to the Director-General unless the regulations otherwise provide.
(2)  The Director-General is to inquire into, and to report to the Authority on, such matters in relation to the application as the Authority may request.
(3)  For the purposes of subsection (2), the Director-General may carry out such investigations and inquiries in relation to the application as the Director-General considers necessary.
(4)  In particular, the Director-General may refer to the Commissioner of Police details of the application together with any supporting information in relation to the application that the Director-General considers to be appropriate for referral to the Commissioner.
(5)  The Commissioner of Police is to inquire into, and report to the Director-General on, such matters concerning the application as the Director-General may request.

95   Director may require further information

(1)  The Director-General may, by notice in writing, require a person whose application for a gaming-related licence has been referred to the Director-General, or may require a close associate of any such person, to do one or more of the following things:
(a)  provide, in accordance with directions in the notice, such information verified by statutory declaration as is relevant to the investigation of the application and is specified in the notice,
(b)  produce, in accordance with directions in the notice, such records as are relevant to the investigation of the application and permit examination of the records, the taking of extracts from them and the making of copies of them,
(c)  authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),
(d)  furnish to the Director-General such authorities and consents as the Director-General requires for the purpose of enabling the Director-General to obtain information (including financial and other confidential information) from other persons concerning the person and his or her associates.
(2)  A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.
(3)  The Authority may refuse to grant an application for a gaming-related licence if a requirement made under this section in relation to the application is not complied with.

95A   Submissions in relation to licence applications

(1)  Any person may, subject to and in accordance with the regulations, make a submission to the Authority in relation to an application for a gaming-related licence.
(2)  If any such submission is made to the Authority, the Authority is to take the submission into consideration before deciding whether or not to grant the gaming-related licence.

96   Costs of investigation by Director-General or Commissioner of Police to be paid by applicant

(1)  The reasonable costs incurred by the Director-General or the Commissioner of Police in investigating and inquiring into an application for a gaming-related licence are payable to the Authority by the applicant, unless the Authority determines otherwise in a particular case.
(2)  The Authority may require part or full payment in advance of the amount it estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made.
(3)  Investigation and inquiry costs incurred by the Director-General or the Commissioner of Police may include travelling expenses within or outside the State.
(4)  It is a condition of any licence granted to the applicant that any amount payable under this section by the applicant is paid.

97–100   (Repealed)

101   Granting of gaming-related licences generally

(1)  The Authority may, after considering an application for a gaming-related licence and any submissions received by the Authority in relation to the application, grant the licence or refuse to grant the licence.
(2)  The regulations may prescribe, or provide for the determination of, a fee in respect of the granting of a gaming-related licence. If any such fee is prescribed or determined, the gaming-related licence does not take effect unless the fee has been paid.
(3)  The Authority may, in granting a gaming-related licence, specify requirements that are to be complied with before the licence takes effect. The gaming-related licence does not take effect until such time as any such requirements have been complied with.
(4)  A gaming-related licence is to be in the form approved by the Authority.
(5)  The Authority must not grant a gaming-related licence unless the Authority is satisfied that the applicant is a fit and proper person to carry on the business or activity to which the licence relates.
(6)  The regulations may provide mandatory or discretionary grounds for refusing the granting of a gaming-related licence.

102   Granting of testing facility licence

(1)  A testing facility licence:
(a)  if granted, is to be granted in respect of premises specified in the licence, and
(b)  must not be granted unless the Authority is satisfied that the premises concerned are suitable for the testing of gaming machines.
(2)  The holder of a testing facility licence may apply to the Authority to change the premises specified in the licence.
(3)  The Authority may approve the application only if the Authority is satisfied that the premises concerned are suitable for the testing of gaming machines.

103   (Repealed)

104   Conditions of gaming-related licences

(1)  A gaming-related licence is subject to:
(a)  such conditions as may be imposed by the Authority (whether at the time the licence is granted or at any later time) under this Act, and
(b)  such conditions as are imposed by this Act or prescribed by the regulations, and
(c)  such other conditions as are authorised to be imposed on the licence under this Act.
(2)  The holder of a gaming-related licence must comply with any conditions to which the licence is subject.

Maximum penalty: 100 penalty units.

(3)  The Authority must not impose a condition on a gaming-related licence after it has been granted, or vary or revoke a condition that has been imposed by the Authority, unless the Authority has:
(a)  given the licensee a reasonable opportunity to make submissions in relation to the proposed decision, and
(b)  taken those submissions into consideration before making the decision.
(4)  The Authority may vary or revoke a condition of a gaming-related licence that has been imposed by the Authority:
(a)  at any time on the application of the licensee or the Commissioner of Police, or
(b)  at any time on the Authority’s own initiative.
(5)  An application by a licensee under subsection (4) to vary or revoke a condition imposed by the Authority must:
(a)  be in the form and manner approved by the Authority, and
(b)  be accompanied by the fee prescribed by the regulations, and
(c)  if required by the regulations to be advertised—be advertised in accordance with the regulations.
(6)  Any person may, subject to and in accordance with the regulations, make a submission to the Authority in relation to an application by a licensee under subsection (4).
(7)  If any such submission is made to the Authority, the Authority is to take the submission into consideration before deciding whether or not to vary or revoke the condition of the gaming-related licence concerned.

105   (Repealed)

106   Authority may require dealers to alter certain gaming machines

(1)  The Authority may require the holder of a dealer’s licence to arrange, at the expense of the dealer and within a specified time (or within such further time as the Authority may allow), for a specified alteration to be made to an approved gaming machine that is to be, or has been, supplied by the licensee to a hotel or club.
(2)  It is a condition of a dealer’s licence that the licensee complies with any such requirement.
(3)  A hotelier or club must allow the holder of a dealer’s licence or a technician such access to an approved gaming machine in the hotel or on the premises of the club as may be required to enable the holder of the licence to comply with a requirement of the Authority under this section.

Maximum penalty: 50 penalty units.

(4)  If a specified alteration is required to be made to an approved gaming machine under this section, a person who is authorised by a gaming-related licence to sell approved gaming machines must not supply the gaming machine or component to which the requirement relates to any hotel or club unless the specified alteration has been made.

Maximum penalty: 50 penalty units.

(5)  A reference in this section to the holder of a dealer’s licence includes a reference to a person acting under the authority of the licence.

107   Duration of gaming-related licences

Except during any period of suspension, a gaming-related licence remains in force until such time as it is surrendered to the Authority or it is sooner cancelled.

108   Periodic licence fee

(1)  A fee is payable to the Authority for a gaming-related licence or work permit while the licence or permit is in force or under suspension and is so payable in respect of each period prescribed by the regulations for the purposes of this section.
(2)  Regulations may be made prescribing the fees payable under this section and for and with respect to:
(a)  times for payment of the fees, and
(b)  payment of the fees by instalments, and
(c)  penalties for late payment of the fees or instalments, and
(d)  suspension or cancellation of a gaming-related licence or work permit after a failure to pay such a fee, or an instalment of such a fee, relating to the licence or permit, and
(e)  the circumstances in which such a fee, or a proportion of such a fee, may be refunded.

109   Cancellation for late payment of periodic licence fee

(1)  If the fee payable for a gaming-related licence or work permit has not been paid before the expiration of 2 months after the due date for payment, the licence or work permit is cancelled.
(2)  The former holder of a gaming-related licence or work permit that has been cancelled by the operation of this section must immediately deliver the licence or work permit to the Authority.

Maximum penalty: 2 penalty units.

110   Application for reinstatement of cancelled gaming-related licence or work permit

(1)  The former holder of a gaming-related licence or work permit cancelled by the operation of section 109 may apply to the Authority for the reinstatement of the licence or work permit.
(2)  Such an application must be made within 2 months after the cancellation of the licence or work permit. The application must be accompanied by payment of the unpaid licence fee concerned.
(3)  The regulations may make provision for or with respect to the manner in which such an application is to be made, the documents required to accompany the application and requiring payment of a fee in respect of the application.
(4)  The Authority may reinstate the licence or work permit if the Authority is satisfied that there is a reasonable explanation for the failure to pay the licence fee that resulted in the cancellation of the licence or work permit.
(5)  (Repealed)
(6)  If the application for reinstatement is not successful, the Authority is to refund the licence fee paid with the application after deducting the amount (if any) that is the used portion of the licence fee, calculated in accordance with the following formula:


where:

full fee is the full amount of the licence fee payable under section 108 in respect of the licensing period concerned.

trading days is the number of days since the start of the licensing period current when the licence or work permit was cancelled up to and including the date of cancellation or up to and including such other day as the Authority may determine under subsection (7).

(7)  If the Authority is satisfied that trading in exercise (or purported exercise) of the licence or work permit ceased on a particular day, the Authority may determine that the number of trading days is to be calculated up to and including that day rather than up to and including the date of cancellation. The day determined by the Authority may be before or after the date of cancellation.

111   Authority may refund licence fee

On the suspension or cancellation of a gaming-related licence or work permit, the Authority may, if it thinks fit, authorise the refund of the whole or such part of any fee paid in respect of the licence or work permit as the Authority determines.

112   (Repealed)

113   Periodic returns by gaming-related licensees

(1)  Within the period of one month after the expiration of each period prescribed by the regulations for the purposes of section 108, the holder of a gaming-related licence is to lodge with the Director-General a return that:
(a)  is in a form approved by the Director-General, and
(b)  is accompanied by such documents as may be prescribed by the regulations, and
(c)  is signed by the licensee or, if the licensee is a corporation, by at least 2 directors of the corporation.
(2)  The form of return approved by the Director-General may be in the form of a statutory declaration.
(3)  Compliance with this section is a condition of a gaming-related licence.

Division 4

114–116(Repealed)

Division 5 Other provisions relating to gaming-related licences

117   Keeping of records

(1)  If the holder of a gaming-related licence is a corporation, it is a condition of the licence that the licensee keep the records prescribed by the regulations that relate to the business carried on under the licence at the registered or principal office of the corporation under section 142 or 601CT of the Corporations Act 2001 of the Commonwealth.
(2)  If the holder of a gaming-related licence is not a corporation or an employee, it is a condition of the licence that the licensee maintain at least one place of business in the State and keep the records prescribed by the regulations that relate to the business carried on under the licence:
(a)  if only one place of business is maintained in the State—at that place, or
(b)  if more than one place of business is maintained in the State—at the principal such place.

118   Control of business carried on under gaming-related licence

(1)  If a person (other than the licensee or a financial institution) becomes interested in the business, or the profits of the business, carried on under a gaming-related licence, it is a condition of the gaming-related licence that the Authority is to be provided with the following information within 28 days after the other person becomes so interested:
(a)  the name and date of birth of the person so interested and, in the case of a proprietary company, the names of the directors and shareholders,
(b)  a statement that the licensee has made all reasonable inquiries to ascertain the information referred to in paragraph (a).
(2)  For the purposes of subsection (1), a person is interested in the business, or the profits of the business, carried on under the licence if the person is entitled to receive:
(a)  any income derived from the business, 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), or
(b)  any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on.
(3)  This section does not apply to a licence held as an employee.

119   Standards of competence

The regulations may make provision for and with respect to standards of competence to be established or attained by an applicant for, or holder of, a gaming-related licence of a particular type.

120   Lost or destroyed gaming-related licence

The Authority may, if satisfied that a gaming-related licence has been lost or destroyed, issue a duplicate of the licence on payment of the fee prescribed by the regulations.

121   Compliance plate for gaming machines

(1)  The holder of a dealer’s licence is guilty of an offence if a gaming machine leaves the licensee’s premises without a compliance plate that complies with this section and is securely attached to the gaming machine in a manner approved by the Authority.

Maximum penalty: 100 penalty units.

(2)  It is a defence to a prosecution for an offence under this section if it is proved that the defendant had taken all reasonable precautions aimed at ensuring attachment of a compliance plate and, at the time of the offence, did not know, and had no reason to suspect, that a compliance plate was not securely attached to the gaming machine in the manner approved by the Authority.
(3)  Exemption from the operation of this section may be granted by the Authority in a particular case or a particular class of cases.
(4)  In this section:

compliance plate, in relation to a gaming machine, means a plate that:

(a)  is made of a substance approved by the Authority, and
(b)  is of dimensions not less than dimensions approved by the Authority, and
(c)  may readily be seen and inspected, and
(d)  shows the name of the dealer, the dealer’s licence number, the serial number of the gaming machine and the month and year of the manufacture and assembly of the gaming machine, and
(e)  has those particulars incorporated in a manner approved by the Authority and in symbols that are at least of a minimum size approved by the Authority.

122   Provision of financial assistance by gaming-related licensee

(1)  The holder of a gaming-related licence must not enter into a transaction in respect of which the licensee:
(a)  provides financial assistance to a hotelier or club, or
(b)  guarantees the observance by a hotelier or club of a term or condition on which financial assistance is provided to the hotelier or club by a person other than the licensee, or
(c)  indemnifies any person against any loss suffered in relation to financial assistance provided to a hotelier or club,
unless the transaction has been approved by the Authority in writing.

Maximum penalty: 50 penalty units.

(2)  The holder of a gaming-related licence must not, unless with the Authority’s written approval, agree to a variation of a term or condition of a transaction under this section that has been approved by the Authority.

Maximum penalty: 50 penalty units.

(3)  The holder of a gaming-related licence is guilty of an offence if:
(a)  financial arrangements made by the licensee have been approved by the Authority, and
(b)  there is a change in those arrangements that has not been approved by the Authority, and
(c)  the Authority is not notified of the change immediately after it comes to the notice of the licensee.

Maximum penalty: 50 penalty units.

123   Cessation of employment of seller or technician

Not later than 7 days after the termination of a contract of service, or a contract for services, to which the parties are:
(a)  a technician or the holder of a seller’s licence, and
(b)  the holder of another gaming-related licence, a hotelier or a club,
the party referred to in paragraph (b) must notify the Authority in the manner prescribed by the regulations.

Maximum penalty: 20 penalty units.

124   Notification of change of employer

If a person who is a technician or the holder of a seller’s licence commences or ceases employment with the holder of a dealer’s licence, the person must, before the commencement of or within 7 days after the cessation of the employment, as the case may be, notify the Authority, in the form and manner approved by the Authority, of the commencement or cessation of the employment.

Maximum penalty: 20 penalty units.

125   Change in state of affairs of gaming-related licensee

If a change of a kind prescribed by the regulations takes place in the state of affairs of the holder of a gaming-related licence, the licensee must, within 14 days of the change taking place, notify the Director-General of such particulars in relation to the change as are prescribed by the regulations.

Maximum penalty: 20 penalty units.

126   Gaming-related licensee to display identification

(1)  The holder of a dealer’s licence or a technician must, at any time while servicing, repairing or maintaining an approved gaming machine in a hotel or on the premises of a club, wear a clearly visible form of identification as approved by the Authority.

Maximum penalty: 20 penalty units.

(2)  If the holder of a dealer’s licence is a corporation, a reference in this section to the holder of the licence includes a reference to a person acting under the authority of the licence.
(3)  The Authority may exempt a person or the members of a class of persons from the operation of this section.
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