Queensland: Gaming Machine Act 1991 (Qld)

Gaming Machine Act 1991 An Act to provide for the regulation and control of gaming machines and for connected purposes Part 1 Preliminary 1 Short title This Act may be cited as the Gaming Machine Act 1991. 1A Object (1) The object of this Act is to ensure that, on balance, the State and the community as a whole benefit from gaming machine gambling. (2) The balance is achieved by allowing gaming machine gambling subject to a system of regulation and control designed to protect players and the community through— (a) ensuring the integrity and fairness of games; and (b) ensuring the probity of those involved in the conduct of gaming machine gambling; and (c) minimising the potential for harm from gaming machine gambling. 2 Definitions The dictionary in the schedule defines particular words used in this Act. 3 Meaning of conduct of gaming A reference in this Act to conduct of gaming is a reference to— (a) the management, use, supervision, operation and conduct of gaming equipment; and (b) the sale, redemption or use of gaming tokens; and (c) the carrying out of centralised credit system transactions; and (d) the installation, alteration, adjustment, maintenance or repair of gaming equipment; and (e) the use or distribution of proceeds from the conduct of gaming; and (f) accounting, banking, storage and other acts in connection with or related or incidental to gaming and the conduct of gaming. 4 Approval of terminating date for financial year The commissioner may approve some date other than 30 June as the termination date of a financial year which may be for a period longer or shorter than 1 year, but not longer than 18 months, ending on the date so approved. 5 Meaning of associate For the purposes of this Act— (a) the following persons are associates of a person— (i) the person's spouse; (ii) a parent or remoter lineal ancestor, son, daughter or remoter issue, brother or sister of the person; (iii) any partner of the person; (iv) any body corporate of which the person is an executive officer; (v) where the person is a body corporate—an executive officer of the body corporate; (vi) a person who, in the previous year, has provided to the first person advice for fee or reward in relation to— (A) gaming; or (B) the conduct of gaming; or (C) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; (vii) any employee or employer of the person; (viii) any officer or employee of any body corporate of which the person is an officer or employee; (ix) any employee of an individual of whom the person is an employee; (x) any body corporate whose executive officers are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person, or where the person is a body corporate, of the executive officers of that body corporate; (xi) any body corporate in accordance with the directions, instructions or wishes of which, or of the executive officers of which, the person is accustomed or under an obligation, whether formal or informal, to act; (xii) any body corporate in which the person has a substantial holding; (xiii) if the person is a body corporate—a person who has a substantial holding in the body corporate; (xiv) any person who is named in an affidavit forwarded or lodged by the person under section 92, 115, 118, 130, 154 or 210; (xv) any person who is because of paragraph (a), an associate of any other person who is an associate of the person (including a person who is an associate of the person by another application or other applications of paragraph (a)); and (b) a person is taken to have a substantial holding in a body corporate if the person, alone or together with any associate or associates of the person, is in a position to control not less than 5% of the voting power in the body corporate or holds interests in not less than 5% of the issued shares in the body corporate. 5.18 [Repealed] 6 Meaning of control action under the Corporations Act For this Act, a person is affected by control action under the Corporations Act if— (a) the person has executed a deed of company arrangement under that Act; or (b) the person is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or (c) the person is the subject of an appointment of an administrator or liquidator under that Act; or (d) there is, under that Act, a controller for property of the person. 7 Meaning of due date for payment (1) This section applies if— (a) a contract is entered into between a licensed supplier and a licensee under which an amount (other than a basic monitoring fee) is payable by the licensee to the licensed supplier; and (b) the contract does not state a due date for payment of the amount. (2) This section also applies if— (a) a contract is entered into between a licensed monitoring operator and a licensee under which a basic monitoring fee is payable by the licensee to the operator; and (b) the contract does not state a due date for payment of the fee. (3) In this Act, a reference to the due date for payment of the amount or fee is a reference to the date that is 1 month after the incurring of liability for payment of the amount or fee. 8 [Repealed] 9 Meaning of jackpot payout For this Act, a jackpot payout is a payment by a licensee or licensed monitoring operator to a player for a winning result or promotions on a gaming machine if— (a) the payment does not increase the credit meter of the gaming machine; and (b) the payment is not discharged from the hopper; and (c) for promotions, the gaming machine is operated under an approval under section 287 for a linked jackpot arrangement. 10 Meaning of metered payouts (1) For this Act, metered payouts, for a licensed premises for an assessment period, means the metered amount won by players for winning results or promotions on gaming machines on the premises in the assessment period. (2) In this section, the metered amount won does not include an amount payable under this Act from an approved trust account. 10.20 [Repealed] 11 Meaning of percentage return to player For this Act, the percentage return to player, for a game, is the percentage calculated using the formula— where— B is the amount that will be bet if bets are made on every result in the game. W is the amount that can be won, other than promotions, if all winning results in the game are obtained. 12 Meaning of play a gaming machine For the purposes of this Act, a person is taken to play a gaming machine if the person, directly or indirectly— (a) inserts a gaming token into; or (b) causes gaming machine credits to be registered by; or (c) makes a bet on; or (d) causes the activation of any process relating to the game of; or (e) makes or participates in the making of the decisions involved in playing; the gaming machine. 13 Act binds the Crown This Act binds the Crown. 13A Declaration for Commonwealth Act The following are declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth)— (a) an entitlement; (b) an operating authority. 14 Acceptable evidence of age For the purposes of this Act, acceptable evidence of the age of a person is a document mentioned in the Liquor Act 1992, section 6. Part 2 Administration Division 1 Commissioner for Liquor and Gaming 15 Establishment of commissioner (1) There is to be a Commissioner for Liquor and Gaming (the commissioner). (2) The chief executive must appoint a senior executive of the department to be the commissioner. (3) A person may hold appointment as the commissioner and hold an office as a senior executive of the department under the Public Sector Act 2022. 16 Functions of commissioner The commissioner has the functions given to the commissioner— (a) under this or another Act; and (b) by the Minister. 17 Powers of commissioner (1) The commissioner has the powers given to the commissioner under this or another Act. (2) The commissioner may do all things necessary or convenient to be done in performing the commissioner's functions or exercising the commissioner's powers. (3) The commissioner may on the commissioner's own initiative, and must if asked by the Minister, provide the Minister with advice on— (a) the operation of this Act or any other gaming Act that assigns functions to the commissioner; or (b) issues related to gambling (including the identification of issues requiring further research) under this Act or another Act that assigns functions to the commissioner. 18 Commissioner may make guidelines (1) The commissioner may make guidelines. (2) Without limiting subsection (1), a guideline may give guidance about— (a) the attitude the commissioner is likely to adopt on a particular matter; or (b) how the commissioner administers this Act. Examples for subsection (2)— 1 The commissioner might make a guideline stating how the commissioner decides applications for a decrease under section 86 for category 1 licensed premises. 2 The commissioner might make a guideline about dealing with operating authorities under this Act. (3) A guideline may be replaced or varied by a later guideline made under this section. (4) The commissioner must keep copies of a guideline made under this section available for inspection by persons and permit a person to obtain a copy of a guideline, or an extract from a guideline, free of charge. (5) For subsection (4)— (a) copies of the guideline— (i) must be kept at the head office and any regional office of the department; and (ii) may be kept at any other place the commissioner considers appropriate; and (b) the copies kept under paragraph (a) must be available for inspection during office hours on business days for the office or place. 19 Commissioner may make standards (1) The commissioner may make standards about matters of a technical nature that— (a) relate to a licensee's gaming operations; and (b) help the licensee conduct the gaming operations in compliance with this Act. (2) A standard is a statutory instrument within the meaning of the Statutory Instruments Act 1992. 20 Notice and availability of standard (1) The commissioner must, as soon as practicable after making a standard under section 19(1), give each licensee written notice of the making of the standard. (2) The notice must include the standard or a brief description of the standard. (3) If a standard concerns all licensees or a class of licensees, the notice may be included as a part of another publication of the commissioner given to the licensees or members of the class of licensees. (4) The notice may be given in electronic form. (5) The commissioner must keep a copy of each standard, as in force from time to time, available for inspection free of charge by members of the public at— (a) the department's head office; and (b) other places the commissioner considers appropriate. (6) Also, the commissioner must publish each standard, as in force from time to time, on the department's website. 21 [Repealed] 22 [Repealed] 23 [Repealed] 24 [Repealed] 25 [Repealed] 26 [Repealed] 27 [Repealed] 28 [Repealed] Division 2 Review and appeals 29 Who may apply for a review by tribunal (1) A person who is or was an applicant for, or a holder of, a licence under this Act and is aggrieved by a decision or determination of the commissioner stated in schedule 1, part 1 may apply, as provided under the QCAT Act, to the tribunal for a review of the decision or determination. (2) A person may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of a licensee stated in schedule 1, part 2. (3) A person who may be adversely affected by an approval under section 54(7) and to whom a notice has been given under section 54(8) may apply, as provided under the QCAT Act, to the tribunal for a review of the decision or determination. (4) A person who seeks the commissioner's approval for section 231 or 287 may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the commissioner refusing to give the approval. (5) A person who submits a gaming machine type or game to the commissioner under section 281 for evaluation may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the commissioner rejecting the gaming machine type or game. (6) The owner of an article, record or other thing seized by an inspector may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of an inspector under section 331 resulting in the thing being forfeited. 29A [Repealed] 30 Effect of reconsidering a decision after application to QCAT (1) This section applies if the commissioner or an inspector amends, or sets aside and substitutes another decision for, an original decision (the reconsidered decision) as a consequence of— (a) reconsidering an original decision at the invitation of QCAT under the QCAT Act, section 23(1); or (b) reconsidering an original decision in accordance with any direction of QCAT in relation to reconsidering the original decision. (2) Section 29 does not apply to the reconsidered decision. (3) A proceeding for a review of the original decision by the tribunal ends. (4) In this section— original decision means a decision or determination mentioned in section 29. 30A [Repealed] 30B [Repealed] 30C [Repealed] 31 Tribunal to decide review on evidence before the commissioner (1) In a proceeding for a review by the tribunal of a decision of the commissioner, the tribunal must— (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the commissioner when the decision was made; and (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision. (2) If the tribunal decides, under the QCAT Act, section 139, that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be— (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and (b) decided in accordance with the same law that applied to the making of the original decision. (3) In this section— original decision means the decision of the commissioner to which the proceeding for the review relates. 32 Tribunal may give leave for review to be decided on new evidence in particular circumstances (1) Despite section 31, the tribunal may grant a party to a proceeding for a review of a decision of the commissioner (the decision) leave to present new evidence if the tribunal is satisfied— (a) the party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and (b) in the circumstances, it would be unfair not to allow the party to present the new evidence. (2) If the tribunal gives leave under subsection (1), the tribunal must— (a) adjourn the proceedings for a stated reasonable time to allow the commissioner to reconsider the decision together with the new evidence and to allow for further submissions by affected persons; or (b) if the tribunal considers it appropriate for the applicant to make a new application, require the applicant to make a new application to the commissioner. (3) In this section— new evidence means evidence that was not before the commissioner when the decision was made. 33 Appeals from tribunal only to Court of Appeal on question of law (1) This section applies to a decision of the tribunal (the tribunal decision) in a proceeding for a review of a decision or determination mentioned in section 29. (2) The QCAT Act, chapter 2, part 8, division 1 does not apply to the tribunal decision. (3) A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law. (4) To remove any doubt, it is declared that the QCAT Act, section 149 does not apply to the tribunal decision. Note— See the QCAT Act, sections 151 to 153, 155 and 156 for other requirements and effects of an appeal to the Court of Appeal. 34 [Repealed] 35 [Repealed] 36 [Repealed] 37 [Repealed] 38 [Repealed] 39 [Repealed] 40 [Repealed] 41 [Repealed] 42 [Repealed] 43 [Repealed] 44 [Repealed] 45 [Repealed] 46 [Repealed] 47 [Repealed] 48 [Repealed] Division 3 Miscellaneous 49 Departmental gaming officers to be of good repute (1) Departmental gaming officers are to be of good repute, having regard to character, honesty and integrity. (2) Before a person is appointed to be a departmental gaming officer, the commissioner may investigate the person for the purpose of finding out whether the person is of good repute. (3) At any time the commissioner may cause to be undertaken such investigations as the commissioner considers are necessary in order to be satisfied that a departmental gaming officer, having regard to the matters specified in subsection (1), is suitable to be a departmental gaming officer. (4) The commissioner may, either verbally or by written notice, require any officer, to whom investigations under subsection (3) relate, to submit such information or material as the commissioner considers is necessary. (5) The officer must comply with the commissioner's requirement. Maximum penalty for subsection (5)—200 penalty units or 1 year's imprisonment. 50 Delegations (1) The Minister may delegate the Minister's designated powers to— (a) the commissioner; or (b) an appropriately qualified inspector or an appropriately qualified public service employee. (2) The Minister may delegate to the commissioner the Minister's power under section 315(3) to cause amounts to be paid out of the gambling community benefit fund for the benefit of the community. (3) The commissioner may delegate the commissioner's designated powers to— (a) an appropriately qualified public service employee; or (b) an appropriately qualified inspector. (4) A delegation of a power under subsection (3) may permit the subdelegation of the power to an appropriately qualified public service employee. (5) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. Example of standing— a person's classification level in the public service designated powers— (a) of the Minister, means— (i) the powers of the Minister under sections 135 and 211; or (ii) the power of the Minister to give a direction for section 151(3)(b); and (b) of the commissioner, means the powers of the commissioner under this Act, other than sections 97(12) and (13), 98 and 147. 51 [Repealed] 52 [Repealed] 53 Criminal history reports (1) This section applies in relation to an investigation of a person for sections 49(2) and (3), 57(2)(a), 93(1), 136, 200(2)(a) and 212. (2) If the commissioner asks the police commissioner for a written report on the person's criminal history, the police commissioner must give the report to the commissioner. (3) The report must contain— (a) relevant information in the police commissioner's possession; and (b) relevant information the police commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and (c) other relevant information to which the police commissioner has access. 53A Police commissioner to notify changes in criminal history (1) This section applies if— (a) the commissioner gives the police commissioner the name of a relevant person for this section; and (b) the police commissioner reasonably suspects a person who is charged with an offence is the relevant person. (2) The police commissioner must notify the commissioner about the change in the person's criminal history. (3) The notice must state the following— (a) the person's name and address; (b) the person's date of birth; (c) the offence the person is charged with; (d) particulars of the offence; (e) the date of the charge. (4) The commissioner may confirm the suspicions of the police commissioner under subsection (1). (5) In this section— relevant person means— (a) a departmental gaming officer; or (b) a licensed person; or (c) a licensee who is an individual; or (d) an associate, of a licensee, who is an individual; or (e) the secretary or executive officer of a licensed supplier; or (f) an individual identified by the Minister as being a business or executive associate of a licensed supplier. 54 Confidentiality of information (1) A person who is, or was, the commissioner must not disclose confidential information gained by the person in performing a function or exercising a power under this Act or another Act. Maximum penalty—200 penalty units or 2 years imprisonment. (2) However, the person may disclose confidential information if— (a) the disclosure is for a purpose under this Act or another Act; or (b) the disclosure is otherwise required or permitted by law. (3) A person who is, or was, a departmental officer or an inspector must not disclose confidential information gained by the person in performing functions under this Act. Maximum penalty—200 penalty units or 2 years imprisonment. (4) A person who is, or was, a licensed monitoring operator must not disclose information about a licensee's operations gained by the person in carrying out the person's operations as a licensed monitoring operator. Maximum penalty—200 penalty units or 2 years imprisonment. (5) A person who is, or was, employed by a licensed monitoring operator in any capacity must not disclose information about a licensee's operations gained by the person in carrying out the person's functions in that capacity. Maximum penalty—200 penalty units or 2 years imprisonment. (6) However, a person mentioned in subsection (3), (4) or (5) may disclose confidential or other information if— (a) the disclosure is for a purpose under this Act or a gaming Act; or (b) the disclosure is otherwise required or permitted by law; or (c) the commissioner approves the disclosure under this section. (7) The commissioner may approve a disclosure of confidential or other information by a person mentioned in subsection (3), (4) or (5) to— (a) an entity prescribed under a regulation; or (b) an officer, employee or member of the entity; or (c) a stated department, person or other entity. (8) Before giving an approval for subsection (7)(c), the commissioner must— (a) give written notice of the proposed approval to each person whom the commissioner considers is likely to be affected adversely by the disclosure; and (b) give the person the opportunity to make a submission about the proposed approval within the period, of at least 14 days, stated in the notice. (9) If, under an approval given by the commissioner, a person mentioned in subsection (3), (4) or (5) discloses confidential or other information to an entity or person, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom the subsection applies and to have gained the confidential or other information in the way mentioned in the subsection. (10) In this section— confidential information means information, other than information that is publicly available, about— (a) a person's personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or (b) a person making an application under this Act. 54A [Repealed] 54B [Repealed] 54C [Repealed] Part 3 Gaming machine licences Division 1 Authorisation of gaming machine gambling 55 Gaming lawful and does not constitute nuisance (1) Despite any other Act or law— (a) the commissioner may, having regard to the information or material the commissioner considers relevant, grant or refuse to grant gaming machine licences; and (b) gaming and the conduct of gaming on licensed premises under this Act is lawful. (2) Without limiting subsection (1)(a), the information or material the commissioner may have regard to includes— (a) information or material about social and community issues; and (b) relevant guidelines made by the commissioner under section 18. (3) Gaming and the conduct of gaming on licensed premises under this Act and any other Act, does not in itself constitute a public or private nuisance. Division 2 General requirements for applications of significant community impact 55A Applications of significant community impact (1) The following applications are applications of significant community impact— (a) an application for a gaming machine licence including an application to grant a gaming machine licence in place of a licence to be surrendered under section 95; (b) an application for additional licensed premises; (c) an application to have the approved number of gaming machines for licensed premises increased by a significant number (to be fixed under a regulation); (d) another application that the commissioner designates, by written notice to the applicant, as an application of significant community impact. (2) The commissioner must— (a) make available for inspection, at the department's head office, a list of all applications currently before the commissioner that are of significant community impact; and (b) publish notice of each of the applications on the department's website. (3) The list must include— (a) the nature of each application; and (b) the location of premises to which each application relates. 55B Community impact statement and statement of safer gambling initiatives required for application of significant community impact (1) An application of significant community impact must be accompanied by— (a) a community impact statement; and (b) a statement of safer gambling initiatives for the licensed premises or proposed licensed premises. (2) The purpose of a community impact statement is to help the commissioner assess the social and economic implications of the grant of the application. (3) The purpose of the statement of safer gambling initiatives is to help the commissioner assess the adequacy of the applicant's approach to providing a safer gambling environment. (4) In preparing a community impact statement or a statement of safer gambling initiatives, the applicant must have regard to relevant guidelines made by the commissioner under section 18. (5) A community impact statement and a statement of safer gambling initiatives are to be regarded as part of the supporting material for an application. 55C Advertisement of application of significant community impact (1) An application of significant community impact must be advertised as required under this section. (2) The applicant must— (a) display a copy of the notice on the premises to which the application relates on a sign the dimensions of which (including dimensions of the print) are approved by the commissioner, generally or in a particular case; and (b) ensure the copy is displayed conspicuously for 28 days immediately before the last day for the filing of community comments on the application. (3) If the applicant is also making an application under the Liquor Act 1992, the commissioner may approve a composite notice to be published and displayed under subsection (2) and the corresponding provision of the Liquor Act 1992. (4) The applicant must give to the commissioner evidence of satisfying the publication and display requirements under this section. 55D Community comments (1) If an application is advertised as required by section 55C, any member of the public may comment on the application, by writing filed with the commissioner on or before the last day for filing comments as specified in the relevant notice under section 55C(2). Examples of subsection (1)— 1 A member of the public might comment on how he or she expects the grant of the application would contribute to, or detract from, a sense of community in the relevant locality. 2 A member of the public might comment on the effect the grant of the application might have for persons in, or travelling to or from, an existing or proposed place of public worship, QEC service premises, education and care service premises or school. 3 A member of the public might comment on the effect the grant of the application would have on the amenity or character of the locality to which it relates. (2) The commissioner may disregard comments on subjects that lie beyond a scope indicated in the commissioner's guidelines mentioned in section 55B(4). Examples of subsection (2)— 1 The commissioner's guidelines might exclude comments based on the morality of gambling or the commentator's personal views about gambling. 2 The commissioner's guidelines might exclude comments of a kind that might be more appropriately considered and dealt with under the Liquor Act 1992. 3 The commissioner's guidelines might exclude commentary of a statistical nature about the adverse effects of gambling in locations unrelated to the location to which the application relates. (3) Comments may be made individually or collectively by a group of members of the public. (4) In this section— member of the public means an adult individual, corporation or other organisation, that in the commissioner's opinion— (a) has a proper interest in the locality concerned; and (b) is likely to be affected by the grant of the application. 55E Procedure on receipt of community comments (1) The commissioner must give to the applicant written notice of all community comments properly made on an application advertised under section 55C. (2) The notice— (a) must include a copy of the comments; and (b) must be given to the applicant within 14 days after the last day for filing comments as specified in the relevant notice under section 55C(2). 55F Commissioner's power to invite representations The commissioner may invite representations on an application of significant community impact from— (a) the local government for the area in which the premises for which the licence is sought are situated; and (b) from any other entity that has, in the commissioner's opinion, a proper interest in the matter. Example of paragraph (b)— The commissioner might invite representations on the application from the local member of the Legislative Assembly. 55FA When notice of decision must be given to particular entities (1) This section applies in relation to a decision made by the commissioner on an application of significant community impact if— (a) a member of the public made comments under section 55D about the application and the comments were not disregarded by the commissioner under that section; or (b) an entity made representations under section 55F about the application. (2) The commissioner must give the member of the public or entity written notice of the decision. (3) However, if the comments about the application were made under section 55D collectively by a group of members of the public— (a) the commissioner may give the notice mentioned in subsection (2) to a person stated in the comments to be the sponsor for the comments instead of each member of the group; and (b) a notice given to the sponsor for the comments under paragraph (a) is taken to have been given to each member of the group. (4) The commissioner must give a notice under subsection (2) at the same time as notice of the decision is given to the applicant for the application of significant community impact. (5) In this section— member of the public see section 55D(4). 55FB Commissioner must publish information about particular decisions on website (1) This section applies in relation to a decision made by the commissioner on an application of significant community impact advertised under section 55C if— (a) a member of the public made comments under section 55D objecting to the approval of the application and the comments were not disregarded under that section; or (b) an entity made representations under section 55F objecting to the approval of the application. (2) The commissioner must publish on the department's website the following information in relation to the decision— (a) the nature of the application; (b) the location of the premises to which the application relates; (c) the day the decision was made; (d) whether the decision was to approve or refuse the application; (e) a brief summary of the reasons for the decision. (3) However, the information that is published must not include any of the following— (a) sensitive information about a person; (b) information the commissioner reasonably considers is commercially sensitive; (c) information about a person's criminal history given to the commissioner under section 53 or 53A. (4) The information must be published under subsection (2)— (a) as soon as practicable, but no later than 28 days, after the decision is made; and (b) for a period of at least 3 months. (5) A failure to comply with this section does not affect the validity of the decision. (6) In this section— member of the public see section 55D(4). sensitive information, about a person, means information about— (a) the person's reputation; or (b) the person's history of behaviour or attitude in relation to the management and discharge of the person's financial obligations. 55G Waiver or variation of requirement of this division The commissioner may waive or vary a requirement under this division, other than a requirement under section 55FA or 55FB, if the commissioner is satisfied compliance with the requirement is not necessary or the requirement may be relaxed— (a) because the application does not involve a significant change to the licensed premises or the nature or extent of the gaming carried on from the licensed premises; or (b) because of the remote location of the premises; or (c) because the purpose of the requirement has been, or can be, achieved by other means; or (d) because of other special circumstances. Division 3 Applications for gaming machine licences 55H Limit on category 2 gaming machine licences for clubs (1) A club can not hold more than 1 gaming machine licence for category 2 licensed premises (a category 2 gaming machine licence). (2) If an application for more than 1 category 2 gaming machine licence is made by a club, the commissioner must refuse to grant the application. (3) If an application for a category 2 gaming machine licence is made by a club that already holds a category 2 gaming machine licence, the commissioner must refuse to grant the application. (4) Subsection (3) does not apply to an application for a category 2 gaming machine licence mentioned in section 56B(1) or (2). 56 Application for gaming machine licences (1) An application for a gaming machine licence may be made only by— (a) a body corporate that holds a community club licence; or (b) the holder of a commercial hotel licence; or (c) the holder of a prescribed liquor licence; or (d) a body corporate that— (i) has applied to become the holder of a commercial hotel licence or a community club licence; or (ii) is the proposed transferee in a liquor licence transfer application relating to a community club licence; or (e) an individual who has applied to become the holder of a commercial hotel licence; or (f) the proposed transferee in a liquor licence transfer application relating to a commercial hotel licence or prescribed liquor licence; or (g) a subsidiary operator, other than a subsidiary operator that is a non-proprietary club. (2) Application for a gaming machine licence may be made only in relation to— (a) if the application is made by an applicant mentioned in subsection (1)(a), (b) or (c)—premises specified in the applicant's liquor licence; or (b) if the application is made by an applicant mentioned in subsection (1)(d) or (e)—premises specified in the applicant's application for a liquor licence or the liquor licence transfer application naming the applicant as the proposed transferee; or (c) if the application is made by an applicant mentioned in subsection (1)(f)—category 1 licensed premises specified in the liquor licence transfer application naming the applicant as the proposed transferee; or (d) if the application is made by an applicant mentioned in subsection (1)(g)—the part of commercial special facility premises for which the applicant is a subsidiary operator. (3) An application for a gaming machine licence made by a body corporate that holds, or has applied to become the holder of, a community club licence may relate to 2 or more premises. (4) Except as provided under subsection (3), an application for a gaming machine licence may only relate to single premises. (5) An application for the grant of a gaming machine licence— (a) must be made in the approved form; and (b) for an application by an individual—must be signed by the applicant; and (c) for an application by a body corporate—must be signed in the appropriate way; and (d) must contain or be accompanied by the information, records, reports, documents and writings relating to the application and applicant as are determined by the commissioner; and (e) must be forwarded to or lodged with the commissioner; and (f) must be accompanied by the fee prescribed. (6) In subsection (2)(d), a reference to the part of commercial special facility premises for which an applicant for a gaming machine licence mentioned in subsection (1)(g) is a subsidiary operator is a reference to— (a) the part of commercial special facility premises the holder of the commercial special facility licence for the premises has, with the approval of the commissioner under the Liquor Act 1992, let or sublet to the applicant; or (b) the part of commercial special facility premises in relation to which the holder of the commercial special facility licence for the premises has, with the approval of the commissioner under the Liquor Act 1992, entered into a franchise or management agreement with the applicant. (7) For subsection (5)(c), an application for a gaming machine licence made by a body corporate is signed in the appropriate way— (a) if it is signed— (i) by at least 2 of its executive officers authorised to sign by the body corporate; or (ii) if there is only 1 executive officer of the body corporate—by the officer; or (b) if the commissioner considers, for a body corporate having at least 2 executive officers, that paragraph (a) can not reasonably be complied with—if it is signed in the way the commissioner considers appropriate. 56A Application for gaming machine licence for replacement category 1 licensed premises (1) Subsection (2) applies if— (a) an applicant, under section 56, for a gaming machine licence (a new licence) is the holder of a gaming machine licence for category 1 licensed premises (an old licence); and (b) because of exceptional circumstances— (i) the applicant intends to give the commissioner notification under section 95 to surrender the old licence; and (ii) the application is for a new licence, in place of the old licence, for category 1 licensed premises (new premises); and (iii) the applicant wishes to have some or all of the applicant's operating authorities for the premises to which the old licence relates (the old premises) transferred to the new premises. (2) The application— (a) must be accompanied by notification under section 95 to surrender the old licence; and (b) must relate only to new premises situated— (i) in the same authority region as the old premises; and (ii) within the relevant local community area for the old premises; and (c) must not relate to more than the number of gaming machines fixed for the old licence; and (d) must not relate to hours of gaming that extend outside the hours fixed for the old licence; and (e) must state the number of operating authorities the applicant wishes to have transferred to the new premises; and (f) must include information about the applicant's exceptional circumstances. Examples of exceptional circumstances— 1 The applicant may have received, under the Acquisition of Land Act 1967, a notice of intention to resume relating to the land on which the old premises are situated or the land may be being acquired under another Act. 2 The old premises are situated in a shopping centre that is to be redeveloped. 56B Application for gaming machine licence for replacement category 2 licensed premises (1) Subsection (3) applies if— (a) an applicant, under section 56, for a gaming machine licence (a new licence) relating to 1 category 2 licensed premises is the holder of a gaming machine licence (an old licence) relating to 1 category 2 licensed premises; and (b) because of exceptional circumstances— (i) the applicant intends to give the commissioner notification under section 95 to surrender the old licence; and (ii) the application is for a new licence, in place of the old licence, for 1 category 2 licensed premises (the new premises); and (iii) the applicant wishes to have all of the entitlements for premises to which the old licence relates (the old premises) transferred to the new premises. (2) Subsection (3) also applies if— (a) an applicant, under section 56, for a gaming machine licence (a new licence) relating to 2 or more category 2 licensed premises is the holder of a gaming machine licence (an old licence) relating to 2 or more category 2 licensed premises; and (b) because of exceptional circumstances— (i) the applicant intends to give the commissioner notification under section 95 to surrender the old licence; and (ii) the application is for a new licence in place of the old licence; and (iii) for the new licence, the applicant wishes to replace one of the premises (the old premises) from the 2 or more premises to which the old licence relates with other premises (the new premises); and (iv) the applicant wishes to have all of the entitlements for the old premises transferred to the new premises. (3) The application— (a) must be accompanied by notification under section 95 to surrender the old licence; and (b) must relate only to premises situated within the relevant local community area for the old premises; and (c) must not relate to more than the number of gaming machines fixed for the old premises; and (d) must not relate to hours of gaming that extend outside the hours fixed for the old licence; and (e) must state the applicant wishes to have all of the entitlements for the old premises transferred to the new premises; and (f) must include information about the applicant's exceptional circumstances. Examples of exceptional circumstances— 1 The applicant may have received, under the Acquisition of Land Act 1967, a notice of intention to resume relating to the land on which the old premises are situated or the land may be being acquired under another Act. 2 The old premises are situated in a shopping centre that is to be redeveloped. 57 Consideration of application for gaming machine licence (1) The commissioner must consider an application for a gaming machine licence received by the commissioner before granting, or refusing to grant, a gaming machine licence. (2) In considering the application, the commissioner— (a) must conduct investigations the commissioner considers are necessary and reasonable to help the commissioner consider the application; and (b) may, by written notice given to the applicant or an associate of the applicant, require the applicant or associate, within a reasonable time stated in the notice, to give the commissioner further information or a document that is necessary and reasonable to help the commissioner consider the application. (3) Also, in considering the application, the commissioner must assess— (a) the suitability of the premises to which the application relates (the subject premises) for the installation and use of gaming machines, having regard to the size and layout of, and facilities on, the premises; and (b) if the applicant is an individual—the financial stability, general reputation and character of the applicant; and (c) if the applicant is a body corporate— (i) the financial stability and business reputation of the body corporate; and (ii) the general reputation and character of the secretary and each executive officer of the body corporate; and (d) the suitability of the applicant to be a licensee; and (e) if a person is stated in an affidavit under section 92 as being a person who satisfies a description mentioned in section 92(4)(a) or (b)—the suitability of the person to be an associate of the applicant; and (f) if the commissioner considers it appropriate—the suitability of any other associate of the applicant to be an associate of the applicant; and (g) for an application mentioned in section 56A—whether the commissioner is satisfied there are exceptional circumstances for transferring the operating authorities mentioned in section 56A(1)(b)(iii) to the premises to which the application relates; and (h) for an application mentioned in section 56B(1)—whether the commissioner is satisfied there are exceptional circumstances for transferring the entitlements mentioned in section 56B(1)(b)(iii) to the premises to which the application relates; and (i) for an application mentioned in section 56B(2)—whether the commissioner is satisfied there are exceptional circumstances for transferring the entitlements mentioned in section 56B(2)(b)(iv) to the new premises mentioned in that subparagraph. (4) For an application by an individual, the commissioner may, with the applicant's agreement, cause the applicant's fingerprints to be taken. (5) Despite subsection (1), if the applicant is an individual, the commissioner is required to consider the application only if the applicant, if asked, agrees to having the applicant's fingerprints taken. (6) If the commissioner considers a proposed location for the installation of gaming machines (as shown on the plan of the subject premises accompanying the application, or that plan as amended and resubmitted, or as last amended and resubmitted, under this subsection) is unsuitable, the commissioner must— (a) by written notice, advise the applicant accordingly; and (b) return the plan to the applicant; and (c) ask the applicant to amend, or further amend, and resubmit the plan within the time stated in the notice. 58 Decision on application for gaming machine licence (1) The commissioner may decide to grant, or refuse to grant, a gaming machine licence. (2) In making the decision, the commissioner must have regard to— (a) any supporting material for the application; and (b) any relevant community comments on the application; and (c) any representations made on the application in response to an invitation under section 55F; and (d) the matters the commissioner had regard to in considering the application under section 57. (3) For an application mentioned in section 56A, the commissioner must not allow the transfer of a number of operating authorities that is more than the number of gaming machines the commissioner considers appropriate for the premises to which the application relates. (4) The commissioner may refuse to grant a gaming machine licence if the applicant, or an associate of the applicant, without a reasonable excuse, fails to comply with a requirement of the commissioner under section 57(2)(b). (5) The commissioner must refuse to grant a gaming machine licence if— (a) for an application by an individual— (i) the applicant is not 18 years; or (ii) the applicant's fingerprints have not been taken under section 57(4) because of the applicant's failure to agree to the action being taken; or (b) for an application by a body corporate—the secretary or an executive officer of the body corporate is not 18 years; or (c) the commissioner considers the installation and use of gaming machines on the subject premises is likely to affect adversely— (i) the nature or character of the premises; or (ii) the general use of the premises or the enjoyment of persons using the premises; or (iii) the public interest; or (d) the applicant fails to comply with a request of the commissioner under section 57(6)(c) without a reasonable excuse. (6) For an application by a club, the commissioner must refuse to grant a gaming machine licence if the commissioner considers— (a) that the club, including a voluntary association of persons from which it was formed— (i) has not been operating for at least 2 years before the application was made; or (ii) has not, during the entire period, been pursuing its objects or purposes in good faith; or (b) that payments for the rental or lease of the club's licensed premises are unreasonable; or (c) if a lease, agreement or arrangement made by the club provides that a person or voluntary association of persons is entitled to receive, or may receive, a payment, benefit or advantage during, or at the end of, the lease, agreement or arrangement—that the provision is unreasonable; or (d) if the election of all or any of the members of the club's management committee or board is or may be decided, or controlled or influenced in a significant way or to a significant degree, by persons who are not voting members of the club or by only some voting members of the club—that this is not in the best interests of the club or its members; or (e) if the voting members of the club, taken as a group, do not, for any reason, have complete and sole control over the election of all members of the club's management committee or board—that this is not in the best interests of the club or its members; or (f) if the voting members of the club do not have an equal right to elect persons, and to nominate or otherwise choose persons for election, to the club's management committee or board—that this is not in the best interests of the club or its members; or (g) if the club does not own its licensed premises and an executive officer or employee of the club is also the club's lessor, or an associate of the club's lessor—that this is not in the best interests of the club or its members; or (h) if an executive officer or employee of the club is a creditor, or an associate of a creditor, of the club—that this is not in the best interests of the club or its members; or (i) if the club's management committee or board does not, for any reason, have complete and sole control over the club's business or operations, or a significant aspect of the club's business or operations—that this is not in the best interests of the club or its members; or (j) that the club is being, or may be, used as a device for individual gain or commercial gain by a person other than the club; or (k) that the grant of the licence would not be in the public interest. (7) Despite subsection (6)(a), the commissioner may grant a gaming machine licence to a club if the commissioner considers the grant— (a) is reasonable because of the club's contractual commitments made in pursuing its objects or purposes; and (b) is necessary to meet the reasonable gaming requirements of the club's members; and (c) is in the public interest. (8) For subsection (6)(j), a club is not taken to be used as a device for individual or commercial gain merely because it enters into an agreement or arrangement with a person for the supply of goods or services by the person to the club, if the agreement or arrangement— (a) is entered into on reasonable terms; and (b) is in the best interests of the club and its members. (9) If the commissioner grants a gaming machine licence, the gaming machine areas for the premises to which the licence relates are the locations on the premises shown on— (a) the plan of the premises that accompanied the application for the licence; or (b) the plan mentioned in paragraph (a), as amended and resubmitted, or as last amended and resubmitted, under section 57(6). (10) If, for an application by an individual, the commissioner refuses to grant a gaming machine licence, the commissioner must have any fingerprints of the applicant taken for the application destroyed as soon as practicable. (11) If the commissioner grants a gaming machine licence, the commissioner must immediately give written notice of the decision to the applicant. Note— For an application of significant community impact, see also section 55FA for other entities that must be given notice of a decision on the application. (12) If the commissioner decides to impose, under section 73(1)(b), a condition on the licence, the commissioner must immediately give the applicant an information notice for the decision. (13) If the commissioner refuses to grant a gaming machine licence, the commissioner must immediately give the applicant an information notice for the decision. Note— For an application of significant community impact, see also section 55FA for other entities that must be given notice of a decision on the application. (14) In this section— election, of a member of a club's management committee or board, includes a matter relating to the election of a member, including, for example, the nomination of a person for election as a member. 59 Particulars to be fixed on grant of gaming machine licence (1) This section applies if the commissioner decides to grant a gaming machine licence. (2) The commissioner must— (a) if the application relates to single premises only— (i) fix the number of gaming machines that may, for the licence, be installed on the premises; and (ii) fix the hours of gaming for the premises; and (iii) for an application mentioned in section 56A—fix the number of operating authorities to be transferred to the premises; and (iv) for an application mentioned in section 56B—fix the number of entitlements to be transferred to the premises; or (b) if the application relates to 2 or more premises, fix for each of the premises— (i) the number of gaming machines that may, for the licence, be installed on the premises; and (ii) the hours of gaming for the premises; and (iii) for an application mentioned in section 56B—the number of entitlements to be transferred to the premises. (3) If the number of gaming machines and the hours of gaming fixed for premises are as sought in the application, the commissioner must immediately give written notice of the decision to the applicant. (4) If the number of gaming machines and the hours of gaming fixed for premises are not as sought in the application, the commissioner must immediately give the applicant an information notice for the decision. (5) For an application mentioned in section 56A— (a) if the number of operating authorities fixed for the premises is the number sought in the application—the commissioner must immediately give the applicant written notice of the decision; or (b) if the number of operating authorities fixed for the premises is not the number sought in the application—the commissioner must immediately give the applicant an information notice for the decision. (6) For an application mentioned in section 56B— (a) if the number of entitlements fixed for the premises is the number sought in the application—the commissioner must immediately give the applicant written notice of the decision; or (b) if the number of entitlements fixed for the premises is not the number sought in the application—the commissioner must immediately give the applicant an information notice for the decision. 60 Basis on which number of gaming machines to be installed in premises and hours of gaming are to be decided (1) This section deals with the basis on which the commissioner is to decide the number of gaming machines to be installed in, or the hours of gaming for, premises. Note— See section 59. (2) The commissioner must have regard to— (a) the number of gaming machines, and the hours of gaming, sought in the application for the gaming machine licence; and (b) any supporting material for the application; and (c) any relevant community comments on the application; and (d) any representations made on the application in response to an invitation under section 55F; and (e) the size and layout of, and facilities on, the premises; and Example for paragraph (e)— The commissioner must have regard to whether automatic teller machines are installed on the premises and, if so, the proximity of the gaming machine areas to automatic teller machines. (f) the size and layout of the proposed gaming machine areas for the premises. (3) The commissioner may also have regard to— (a) the liquor consumption for the premises to which the application relates; and (b) the hours and days when the premises are open for the sale of liquor; and (c) the anticipated level of gaming on the premises; and (d) for an application by a club—the number of members of the club; and (e) any other matters the commissioner considers relevant. (4) If the gaming machine licence is to relate to single premises only, the number of gaming machines fixed must not be greater than— (a) the number sought in the application; or (b) the maximum number prescribed under a regulation for the category of licensed premises to which the premises will belong. (5) If the gaming machine licence is to relate to 2 or more premises, the number of gaming machines fixed for the premises— (a) must not, for a particular premises, be greater than the number sought in the application for the premises; and (b) must not be more than— (i) the maximum number prescribed by regulation for category 2 licensed premises; and (ii) the maximum number in total prescribed by regulation for all category 2 licensed premises to which a single license relates. (6) For subsection (5)— (a) a gaming machine licence is taken to relate to 2 or more premises if the licensee operates gaming machines on premises in another State or Territory; and (b) in working out whether a limit fixed under subsection (5)(b) has been exceeded, gaming machines operated by the licensee in another State or Territory are to be brought into account as if they were gaming machines installed in licensed premises in Queensland. Division 4 Application for additional licensed premises 61 Application for additional licensed premises (1) A category 2 licensee may apply for approval of premises, additional to its existing licensed premises, as premises to which the licensee's gaming machine licence relates. (2) The application for approval may be made only for— (a) premises to which a community club licence held by the applicant relates; or (b) if the applicant has made an application for a community club licence and the application has not been decided—the premises to which the application for the community club licence relates; or (c) if the applicant has made a liquor licence transfer application relating to a community club licence and the application has not been decided—the premises to which the liquor licence transfer application relates. (3) The application for approval must— (a) be in the approved form; and (b) be given to the commissioner; and (c) be signed in the appropriate way; and (d) state the full name, address and date of birth of the secretary and each executive officer of the applicant; and (e) give full particulars of the ownership, and any intended ownership, of the premises to which the application relates (the additional premises); and (f) state— (i) the number of gaming machines intended to be installed on the additional premises; and (ii) the hours of gaming sought for the additional premises; and (g) be accompanied by— (i) the