South Australia: Gaming Machines Act 1992 (SA)

South Australia Gaming Machines Act 1992 An Act to provide for and regulate the supply and operation of gaming machines; and for other purposes. Contents Part 1—Preliminary 1 Short title 2 Objects 3 Interpretation 3A Interaction with Gambling Administration Act 2019 4 Application of Act 4A Provisions governing whether person is fit and proper Part 3—Licences Division 1—Classes of licence 14 Licence classes Division 2—Special provisions relating to gaming machine licences 15 Eligibility criteria 15A Gaming venues not to be located under same roof as shops or within shopping complexes 16 Number of gaming machines to be operated under licence 17 Plurality of licences 17A Commissioner to be satisfied that designated application is in community interest 17B Community impact assessment guidelines 17C Certificate of approval for proposed premises Division 3—Applications, criteria and licence conditions 18 Requirements for licence application 19 Certain criteria must be satisfied by all applicants 21 Special criteria for gaming machine monitor licence 22 Holder of monitor licence cannot hold other licences 23 Minors not to hold licence etc 24 Discretion to refuse application 24A Special club licence 25 Independent Gaming Corporation 26A How licences are to be held 27 Conditions 27AA Variation of licence Division 3A—Gaming machine entitlements 27AAB Gaming machine entitlements in respect of casino 27AAC Application of Division to casino 27A Gaming machine entitlements 27B Transferability of gaming machine entitlements 27C Premises to which gaming machine entitlements relate 27CA Forfeiture and cancellation of gaming machine entitlements 27D Effect of this Division on obligations under a lease or mortgage 27E Statement of Parliamentary intention to reduce gaming machine numbers etc Division 3B—Removal etc of gaming machine licence 27F Removal of gaming machine licence 27G Commissioner may determine application is a designated application Division 3C—Provisions relating to clubs 27H Dealing with gaming machine licence on amalgamation of clubs 27I Transfer of gaming machine licences and gaming machine entitlements 27J Commissioner may determine application is a designated application 27K Provisions relating to premises held under a lease Division 4—Transfer of licences 28 Certain licenses only are transferable 28AAB Discretion to grant or refuse application under section 28 Division 4A—Devolution of licensee's rights 28B Devolution of licensee's rights 28C Bankruptcy or winding up of licensee 28D Notice to be given of exercise of powers under Division Division 5—Intervention by Commissioner of Police 31 Intervention by Commissioner of Police Division 6—Suspension, revocation and surrender of licences and certificates 32 Voluntary suspension 32A Surrender or revocation of certificate of approval 33 Surrender 34 Effect of surrender, suspension or revocation of liquor licence 34A Suspension or revocation of licence by Commissioner 35 Cessation of gaming machine monitor licence Part 4—Approvals 38 Commissioner may approve persons in authority 38B Commissioner may approve gaming machine technicians 39 Approval of form of supply contract 40 Approval of gaming machines and games 40A Commissioner may approve certain systems to be operated in connection with gaming machines 40B Commissioner may approve training courses to be undertaken by gaming managers or gaming employees 40C Approvals in relation to responsible gambling agreements 40D Commissioner may approve facial recognition system 41 Commissioner may approve gaming tokens and gaming token manufacturers 42 Discretion to grant or refuse approval 44 Revocation of approval Part 4AA—Gaming managers and gaming employees 44AAA Commissioner may notify Commissioner of Police of appointment of gaming managers and gaming employees 44AA Commissioner may give prohibition notice Part 4A—Special provisions relating to licensed dealers 44A Prohibition of links between dealers and other licensees Part 4B—Applications and submissions Division 1—Applications 44B Form of application 44C Applications to be given to Commissioner of Police 44D Notice of certain applications to be given 44E Commissioner may consider applications concurrently Division 2—Submissions in relation to applications 44F Commissioner of Police may make written submissions 44G General right to make written submissions 44H Further written submissions 44I Conciliation 44J Commissioner may refer matters to Court 44K Hearings etc 44L Variation of written submissions Part 5—Offences Division 1—Offences relating to licences and employment 45 Offence of being unlicensed 46 Offence of breach of licence conditions 46A Licensee to notify change of particulars 47A Offence of selling or supplying games, gaming machines or components without approved contract or with inducement 48 Offences relating to management or positions of authority 49 Offences related to carrying out duties in gaming areas 50 Offence related to personal performance of work on games and gaming machines 50A Gaming managers and employees must carry identification 51 Persons who may not operate gaming machines Division 2—Offences relating to conduct of gaming operations 51A Cash facilities not to be provided within gaming areas 51B Cash facilities limitations 52 Prohibition of lending or extension of credit 53 Prohibition of linked jackpots 53A Prohibition of certain gaming machine facilities 53B Commissioner's directions to ensure security of gaming machines Division 3—Offences relating to minors 55 Minors must not be employed in gaming operations 56 Minors not permitted in gaming areas 58 Powers in relation to minors in gaming areas Division 5—Offences relating to cheating etc 62 Interference with machines or games 63 Interference devices 64 Sealing of gaming machines 65 Removal of gaming tokens 66 Machines not to be operated in certain circumstances 67 Power to remove offenders Division 6—Offences relating to profit sharing etc 68 Certain profit sharing etc is prohibited Part 8—Gaming tax 72 Interpretation 72A Gaming tax 72B Recovery of tax 73 Accounts and monthly returns 73A Sport and Recreation Fund 73B Charitable and Social Welfare Fund 73BA Gamblers Rehabilitation Fund 73C Community Development Fund 73D Funding agreements Part 9—Miscellaneous 75 Audit requirements for gaming machine monitor licence 76 Power to refuse to pay winnings 76AA Unclaimed winnings 76A Financing of licensee's business 77 Certain agreements and arrangements are unlawful 78 False or misleading statements 79 Bribery 81 Liability of licensed dealer for acts of agent 84 Prosecution of summary offences 85 Vicarious liability 86 Evidentiary provision 86A Commissioner to recover administration costs 87 Regulations 88 Exclusion of compensation Schedule 1—Gaming machine licence conditions Schedule 2—Gaming machine monitor licence conditions Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Gaming Machines Act 1992. 2—Objects The objects of this Act are— (a) to ensure that gaming machine gambling is conducted responsibly, fairly and honestly, with regard to minimising the harm caused by gambling; and (b) to ensure that the management and operation of gaming machines, associated gaming equipment and monitoring equipment is free from interference, criminal influence and exploitation; and (c) to ensure the probity of people involved in the conduct, management and oversight of gambling; and (d) to prohibit minors from gambling and to ensure that minors are not encouraged to gamble; and (e) to ensure that the club and hotel gaming machine industry develops in a manner consistent with the needs and aspirations of the community and is in the community interest; and (f) to protect the interests of the State in the taxation of gaming revenue resulting from the operation of the club and hotel gaming machine industry. 3—Interpretation (1) In this Act, unless the contrary intention appears— advertising code of practice—means an advertising code of practice prescribed under the Gambling Administration Act 2019; approved means approved by the Commissioner under this Act; approved game means a game of a class approved by the Commissioner for the purposes of this Act; approved gaming machine means a gaming machine of a class approved by the Commissioner for the purposes of this Act; approved gaming machine technician means a person approved under Part 4 as a gaming machine technician for the holder of a gaming machine service licence; authorised person, in relation to premises to which a gaming machine licence relates, means— (a) the licensee; or (b) a responsible person for the licensed premises; or (c) a gaming manager or gaming employee for the licensed premises; or (d) an inspector; or (e) a police officer; or (f) a person who holds a security agents licence that authorises the person to perform the function of controlling crowds in licensed premises under the Security and Investigation Industry Act 1995; beneficiary includes an object of a discretionary trust; cash facility means— (a) an automatic teller machine; or (b) an EFTPOS facility; or (c) any other facility, prescribed by the regulations, that enables a person to gain access to his or her funds or to credit; cashless gaming system means a system that enables the storage of monetary value for use in operating a gaming machine; casino means the casino operated in accordance with the Casino Act 1997; casino licence has the same meaning as in the Casino Act 1997; casino premises has the same meaning as in the Casino Act 1997; club licence means a club licence under the Liquor Licensing Act 1997; Club One means the body holding the special club licence (see section 24A); Commissioner has the same meaning as in the Gambling Administration Act 2019; community impact assessment guidelines—see section 17B; the Court means the Licensing Court of South Australia; designated application—see section 17A; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; gambling administration guidelines means the gambling administration guidelines issued by the Commissioner under the Gambling Administration Act 2019; game means any game software for use with a gaming machine; gaming area means that part of licensed premises that is delineated under a gaming machine licence as the area within which gaming machines may be operated pursuant to the licence; gaming employee means a person who is appointed by the holder of a gaming machine licence as a gaming employee in respect of gaming operations conducted on licensed premises; gaming machine means a device (whether wholly or partly mechanically or electronically operated) that is designed so that— (a) it may be used for the purposes of playing a game of chance, or a mixed game of chance and skill; and (b) it may be operated wholly or partly by— (i) inserting a token, coin or banknote into the device; or (ii) electronically transferring credits or tokens to the device; or (iii) using credits or tokens in the device (whether those credits or tokens are held, stored or accredited by the device or elsewhere); and (c) because of making a bet on the device, winnings or other rewards may become payable; gaming machine entitlement means an entitlement to operate 1 gaming machine under a gaming machine licence or the casino licence; gaming manager means— (a) a natural person who is the holder of a gaming machine licence; or (b) a person who is appointed by the holder of a gaming machine licence as a gaming manager in respect of gaming operations conducted on licensed premises; general and hotel licence means a general and hotel licence under the Liquor Licensing Act 1997; inspector means a person appointed as an inspector for the purposes of this Act under the Gambling Administration Act 2019; licence means a licence under this Act; licensed person, licensee or holder of a licence includes— (a) the holder of a temporary licence; and (b) a person authorised under this Act to carry on the business of a licensee; and (c) if a licence is held by a trustee—the trust; linked jackpot equipment means any fitting or device to be used for, or in connection with, the linking of two or more gaming machines for the purpose only of recording all or part of the winnings from each of those machines; liquor licence means a general and hotel licence, an on premises licence or a club licence; monitoring system means the approved computer system referred to in section 14(1)(d); non-profit association means incorporated association or some other kind of body corporate as to which the Commissioner is satisfied that profits cannot be returned to members or shareholders; officer—an officer— (a) in relation to a body corporate—means a director or a member of the governing body of the body corporate; (b) in relation to a trust—means a trustee; on premises licence means an on premises licence under the Liquor Licensing Act 1997; prescribed gaming machine component means a component of a gaming machine of a class prescribed by the regulations for the purposes of this definition; responsible gambling agreement means an agreement approved under section 40C(2) between the holder of a gaming machine licence and an industry body approved under section 40C(1); responsible gambling code of practice means a responsible gambling code of practice prescribed under the Gambling Administration Act 2019; responsible person for licensed premises means a person who is, in accordance with section 97 of the Liquor Licensing Act 1997, responsible for supervising and managing the business conducted under the liquor licence in respect of the licensed premises; spouse—a person is the spouse of another if they are legally married; trust—a trust is considered for the purposes of this Act as a single entity consisting of the trustees and the beneficiaries; trust or corporate entity means a trust or a body corporate; variation of licence means variation or revocation of conditions of licence or imposition of further conditions of licence. (2) A person occupies a position of authority in a trust or corporate entity if the person— (a) in the case of a body corporate— (i) is a director or a member of the governing body of the body corporate; (ii) exercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs; (iii) manages, or is to manage, the undertaking to be carried out under a licence; (iv) if the body corporate is a proprietary company—is a shareholder in the body corporate; or (b) in the case of a trust—is a trustee or beneficiary of the trust. (3) However— (a) a minor who is a shareholder in a proprietary company, or a beneficiary under a trust, is not for that reason to be regarded as a person occupying a position of authority; and (b) a charitable organisation that is a beneficiary of a trust is not for that reason to be regarded as a person occupying a position of authority. (4) For the avoidance of doubt, a person may be appointed by a licensee as a gaming manager or gaming employee, or carry out duties as a gaming manager or gaming employee in particular licensed premises, whether the person is an employee (of the licensee or of some other person) or is a volunteer. 3A—Interaction with Gambling Administration Act 2019 This Act and the Gambling Administration Act 2019 will be read together as a single Act (and a reference in a provision of this Act to "this Act" will be taken to include, where relevant, a reference to the Gambling Administration Act 2019). 4—Application of Act (1) Except as specifically provided by this Act or the Casino Act 1997, this Act does not apply to or in relation to a gaming machine operated in the casino premises. (1a) The Governor may, by regulation, apply provisions of this Act, with or without modification, to a person who is not required to hold a gaming machine licence because of a Commonwealth law as if the person holds a gaming machine licence. (2) Despite any other Act or law to the contrary, gaming and the possession, sale, supply or operation of a gaming machine, as authorised by this Act or a licence under this Act, are lawful. (3) Subject to any other provision of this Act to the contrary, this Act binds the Crown. 4A—Provisions governing whether person is fit and proper (1) A person is not a fit and proper person for a particular purpose under this Act if— (a) the person has been found guilty or convicted of an offence as prescribed by the regulations; or (b) in the case of a body corporate— (i) the body corporate is a body corporate, or is a body corporate of a class, prescribed by the regulations; or (ii) the body corporate is a prescribed organisation; or (c) in the case of a natural person, the person— (i) is— (A) a member of a prescribed organisation; or (B) a close associate of a person who is a member of a prescribed organisation or is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or (ii) is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth. (2) A person is not a fit and proper person to occupy a position of authority in a trust or corporate entity that holds a licence if— (a) the person has been found guilty or convicted of an offence as prescribed by the regulations; or (b) the person is— (i) a member of a prescribed organisation; or (ii) a close associate of a person who is a member of a prescribed organisation or is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or (c) the person is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth. (3) For the purpose of determining whether a person is a fit and proper person for a particular purpose under this Act the Commissioner— (a) may cause the person's photograph to be taken; and (b) may cause the person's fingerprints to be taken; and (c) may have regard to the following: (i) the corporate structure of the person; (ii) the person's financial background and resources; (iii) the person's reputation; (iv) the character, reputation and financial background of the person's close associates; (v) any representations made by the Minister; (vi) any other matters the Commissioner thinks fit. (4) In this section— close associate—see subsection (5); prescribed financial market means a prescribed financial market within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth; prescribed organisation—the following are prescribed organisations: (a) a declared organisation within the meaning of the Serious and Organised Crime (Control) Act 2008; (b) a criminal organisation within the meaning of Division 1 or Division 2 of Part 3B of the Criminal Law Consolidation Act 1935; (c) any other organisation prescribed by the regulations for the purposes of this definition; substantial holding in a body corporate has the same meaning as in section 9 of the Corporations Act 2001 of the Commonwealth. (5) For the purposes of this section, 2 persons are close associates if— (a) 1 is a spouse, domestic partner, parent, brother, sister or child of the other; or (b) they are members of the same household; or (c) they are in partnership; or (d) they are joint venturers; or (e) they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or (f) 1 is a body corporate and the other is a director or executive officer of the body corporate; or (g) 1 is a body corporate (other than a public company whose shares are quoted on a prescribed financial market) and the other is a shareholder in the body corporate; or (h) 1 is a body corporate whose shares are quoted on a prescribed financial market and the other has a substantial holding in the body corporate; or (i) 1 has a right to participate (otherwise than as a shareholder in a body corporate) in, or is remunerated by reference to, proceeds or profits derived from a business conducted by the other; or (j) 1 is in a position to exercise control or significant influence over the conduct of the other; or (k) a chain of relationships can be traced between them under any 1 or more of the above paragraphs. (6) For the purposes of this section, a reference to a parent, brother, sister or child of a person will be taken to include a reference to a step‑parent, step‑brother, step‑sister or step‑child (as the case requires) of the person. Part 3—Licences Division 1—Classes of licence 14—Licence classes (1) Licences under this Act are of the following classes: (a) gaming machine licence: subject to this Act and the conditions of the licence, a gaming machine licence authorises the licensee to possess approved gaming machines on premises designated in the licence and to conduct gaming on those machines; (ab) special club licence: subject to the Act and the conditions of the licence, the special club licence authorises the licensee to possess approved gaming machines and to operate them— (i) on the casino premises as agent of the holder of the casino licence; or (ii) on premises in respect of which someone else holds a gaming machine licence as agent of the holder of the gaming machine licence; (b) gaming machine dealer's licence: subject to this Act and the conditions of the licence, a gaming machine dealer's licence authorises the licensee to manufacture games, gaming machines and prescribed gaming machine components and, under a contract in a form approved by the Commissioner, to sell or supply to the holder of a gaming machine licence, a gaming machine service licence, the casino licence, or another gaming machine dealer's licence, approved games and gaming machines and prescribed gaming machine components; (d) gaming machine monitor licence: subject to this Act and the conditions of the licence, a gaming machine monitor licence authorises the licensee to provide and operate an approved computer system for monitoring the operation of all gaming machines operated pursuant to gaming machine licences under this Act; (e) gaming machine service licence: subject to this Act and the conditions of the licence, a gaming machine service licence authorises the licensee to install, service and repair approved games and gaming machines and prescribed gaming machine components in the course of a business carried on by the licensee. (2) There will be only— (a) 1 special club licence; and (c) 1 gaming machine monitor licence. Division 2—Special provisions relating to gaming machine licences 15—Eligibility criteria (1) The following persons only are eligible to hold a gaming machine licence: (a) the holder of a general and hotel licence (whether temporary or otherwise); (b) the holder of a club licence, or two or more holders of separate club licences, jointly; (c) the holder of an on premises licence (whether temporary or otherwise) if— (i) — (A) the holder of the licence previously held a special circumstances licence granted on the surrender of a hotel licence or a club licence; and (B) the nature of the undertaking carried out under the licence is substantially similar to that of a licensed hotel or club; or (ii) the premises to which the on premises licence relates constitute— (A) a major sporting venue; or (B) the headquarters in this State for a particular sporting code, and the nature of the undertaking carried out under the licence is substantially similar to that of a licensed club. (1a) Club One is eligible to hold a gaming machine licence for particular premises if it holds a licence under the Liquor Licensing Act 1997 in respect of the premises as required by subsection (1). (2) Subject to subsection (3a), the premises to which a liquor licence referred to in subsection (1) relates will be the licensed premises in respect of the gaming machine licence. (3) A person referred to in subsection (1) can hold only one gaming machine licence in respect of the premises to which the liquor licence relates. (3a) If two or more holders of separate club licences are, or are to be, the joint holders of a gaming machine licence, the following provisions apply: (a) none of the holders can hold, either solely or jointly, another gaming machine licence; and (b) the jointly held licence can only relate to the premises of one of the clubs, being the premises nominated by the applicants. (5) A gaming machine licence will not be granted unless— (a) the applicant for the licence satisfies the Commissioner, by such evidence as the Commissioner may require— (i) that the proposed gaming area, or gaming areas, within the premises in respect of which the licence is sought is or are suitable for the purpose; and (iii) that the arrangements proposed for the security of the premises, each gaming area and the gaming machines, and of the gaming operations generally, are adequate; and (iv) that the conduct of the proposed gaming operations on the premises would be unlikely to result in undue offence, annoyance, disturbance or inconvenience to those who reside, work or worship in the vicinity of the premises; and (vi) that the conduct of the proposed gaming operations on the premises would not detract unduly from the character of the premises, the nature of the undertaking carried out on the premises or the enjoyment of persons ordinarily using the premises (apart for the purpose of gaming); and (vii) that no proposed gaming area is so designed or situated that it would be likely to be a special attraction to minors; and (viii) that the proposed gaming area is within a place or area that is enclosed as defined by the Tobacco and E-Cigarette Products Act 1997 (see section 4(3) and (4)); and (b) the Commissioner has determined, in accordance with the community impact assessment guidelines, that the application is in the community interest. 15A—Gaming venues not to be located under same roof as shops or within shopping complexes (1) Despite any other provision of this Act, the Commissioner cannot after the commencement of this section grant an application for a gaming machine licence in respect of licensed premises, or grant any other application under this Act in respect of licensed premises that are subject to a gaming machine licence, if to do so would result in the licensed premises, or the whole or part of a gaming area of the licensed premises, being located— (a) under the same roof as a shop, whether or not on the same level or floor as the shop; or (b) anywhere within the boundaries of a shopping complex. (2) Subsection (1) applies only in respect of an application made after the commencement of this section (and any grant by the Commissioner of such an application will be taken to be void and of no effect). (3) Subsection (1) does not apply where the shop— (a) is a part of the licensed premises set aside for the purpose of selling liquor in bottles to the public; or (b) is intended primarily for the use of guests staying on the licensed premises. (4) For the purposes of subsection (1), licensed premises will be regarded as falling within the boundaries of a shopping complex if the land on which the premises are situated— (a) formed part of the complex immediately prior to the granting of the development authorisation (or the first such authorisation if more than one) for the establishment of the licensed premises on the land; or (b) shares a common boundary with the complex and the licensed premises are, in the opinion of the Commissioner, so linked to or integrated with the complex that they may properly be regarded as forming part of the complex. (5) In this section— shop means a shop at which goods are sold to the public by retail; shopping centre means a cluster of premises where— (a) at least one of the premises is a shop; and (b) the premises are located in the one building or in 2 or more buildings that are adjoining or are separated only by the grounds of the centre; and (c) the cluster of premises is promoted as, or generally regarded as constituting, a shopping centre, shopping mall, shopping court or shopping arcade; shopping complex means a shop, or shopping centre, together with all parking and other areas adjacent and ancillary to, and intended primarily for the use of persons attending, the shop or shopping centre. 16—Number of gaming machines to be operated under licence (1) Subject to this Act, a gaming machine licence authorises the licensee to possess and operate in the licensed premises a number of gaming machines equivalent to the number of gaming machine entitlements held in respect of the licensed premises (or a lesser number). (2) The number of gaming machine entitlements held in respect of particular licensed premises cannot exceed the maximum number approved by the Commissioner for operation under the gaming machine licence for the premises. (3) The Commissioner cannot approve more than 40 gaming machines for operation under a gaming machine licence. (4) If 2 or more gaming machine licences are in force in relation to the same licensed premises, the aggregate number of gaming machines approved for operation under the licences cannot exceed 40. (5) The Commissioner may grant to the holder or former holder of a gaming machine licence a temporary authorisation to possess (but not to operate) gaming machines if the authorisation is necessary or desirable to enable the orderly disposal of gaming machines the holder or former holder is no longer authorised to operate. 17—Plurality of licences (1) More than one gaming machine licence may be held in respect of separate parts of the same premises where those parts are each subject to a separate liquor licence. (2) More than one gaming machine licence may be held by separate persons in respect of the same premises if— (a) more than one club licence is held in respect of the premises; and (b) the Commissioner is satisfied that each licensee will have sole control over the gaming machines owned by the club in respect of which he or she holds a club licence. 17A—Commissioner to be satisfied that designated application is in community interest (1) The Commissioner may only grant a designated application if the Commissioner is satisfied that it is in the community interest to do so. (2) Without limiting subsection (1), in determining whether or not granting a designated application is in the community interest, the Commissioner— (a) must have regard to— (i) the harm that might be caused by gambling, whether to a community as a whole or a group within a community; and (ii) the cultural, recreational, employment or tourism impacts; and (iii) the social impact in, and the impact on the amenity of, the locality of the premises or proposed premises; and (iv) any other prescribed matter; and (b) must apply the community impact assessment guidelines. (3) An applicant in respect of a designated application must comply with any requirements set out in the community impact assessment guidelines, and any other requirements specified by the Commissioner for the purposes of this section. (4) In this section— designated application means— (a) an application for a gaming machine licence; or (b) any other application that the Commissioner has determined, either in accordance with the community impact assessment guidelines or another provision of this Act, to be a designated application for the purposes of this section. 17B—Community impact assessment guidelines (1) The Commissioner must, by notice in the Gazette, publish guidelines (the community impact assessment guidelines) for the purposes of determining— (a) whether or not an application is a designated application for the purposes of section 17A; and (b) whether or not a designated application is in the community interest. (2) The Commissioner may, by subsequent notice in the Gazette, vary or revoke a notice under this section. (3) The community impact assessment guidelines may provide for— (a) any matters relevant to an assessment of the likely impacts of a designated application on a community; and (b) the manner and form of a designated application; and (c) any other matter considered appropriate by the Commissioner. (4) The community impact assessment guidelines may set out requirements that apply to a designated application for the purposes of section 17A, including requirements that the applicant— (a) provide documents, material or other information; and (b) take certain steps or undertake consultation in accordance with the guidelines. (5) The provisions of the community impact assessment guidelines may be of general, limited or varied application according to— (a) the class of designated application or licence; or (b) the circumstances; or (c) any other specified factor, to which the provision is expressed to apply. 17C—Certificate of approval for proposed premises (1) If the Commissioner refuses an application for a gaming machine licence only on the ground that the proposed premises are uncompleted, the Commissioner may, instead, grant a certificate (a certificate of approval) approving the plans submitted by the applicant in respect of the proposed premises if the applicant satisfies the Commissioner, by such evidence as the Commissioner may require that— (a) the requirements of section 15(5)(a) will be met in relation to the proposed premises if completed in accordance with the plans; and (b) any approvals, consents or exemptions that are required under the law relating to planning to permit the use of the proposed premises for the conduct of gaming operations have been obtained. (2) A certificate of approval— (a) may be granted for a term and on conditions the Commissioner thinks fit; and (b) must state the maximum number of gaming machines to be operated under the licence. (3) The Commissioner may, on application by the holder of a certificate of approval, approve a variation of the plans approved in the certificate. (4) If— (a) a certificate of approval has been granted; and (b) the holder of the certificate satisfies the Commissioner— (i) that the conditions (if any) on which the certificate was granted have been complied with; and (ii) that the premises have been completed in accordance with plans approved by the Commissioner on the grant of the certificate or a variation of those plans later approved by the Commissioner, a gaming machine licence subject to the conditions (if any) specified in the certificate must be granted to the holder of the certificate in respect of the premises. (5) Subject to subsection (6), a certificate under this section is, for the purposes of the provisions of this Act relating to the transfer of a licence, treated as if it were a gaming machine licence. (6) A transaction under which the holder of a certificate of approval agrees to the transfer of the certificate for a monetary or other consideration is void unless the proposed transfer is to a close associate within the meaning of section 4A. Division 3—Applications, criteria and licence conditions 18—Requirements for licence application (1) An application for a licence— (c) may, in the case of an application for a gaming machine licence, be made by a person who does not yet hold the requisite liquor licence but is an applicant for such a licence; (d) if the application is a designated application—must comply with any requirements in the community impact assessment guidelines. (4) An application for a gaming machine licence or for the removal of a gaming machine licence must be accompanied by a plan of the proposed licensed premises that delineates the gaming area or gaming areas within which the gaming machines are to be installed. (5) An applicant for the gaming machine monitor licence must submit with the application the specifications for the proposed monitoring system. 19—Certain criteria must be satisfied by all applicants (1) An applicant for a licence must satisfy the Commissioner by such evidence as the Commissioner may require— (a) that the applicant is a fit and proper person to hold the licence; and (b) if the applicant is a trust or corporate entity—that each person who occupies a position of authority in the entity is a fit and proper person to occupy such a position in an entity holding a licence of the class sought in the application. (2) The Commissioner may determine that an applicant need not comply with subsection (1) if the Commissioner is satisfied that the applicant is otherwise fit and proper to hold a licence or occupy a position of authority in a trust or corporate entity that holds a licence. 21—Special criteria for gaming machine monitor licence An applicant for the gaming machine monitor licence must satisfy the Commissioner by such evidence as the Commissioner may require that the applicant has appropriate management and technical expertise. 22—Holder of monitor licence cannot hold other licences The holder of the gaming machine monitor licence cannot hold any other licence under this Act. 23—Minors not to hold licence etc (1) A minor cannot— (a) hold a licence; or (b) occupy a position of authority in a trust or corporate entity that holds a licence. 24—Discretion to refuse application (1) Subject to this Act, the Commissioner has an unqualified discretion to refuse an application under this Part on any ground, or for any reason, that the Commissioner thinks fit. (2) The Commissioner should not grant an application as a matter of course without a proper inquiry into its merits (whether or not the Commissioner of Police has intervened in the proceedings or there are any written submissions in relation to the application). (3) An application for a licence can only be granted if the Commissioner is satisfied that to grant the application would not be contrary to the public interest. 24A—Special club licence (1) The special club licence is to be granted to a body (referred to in this Act as Club One) that, on making due application for the licence, satisfies the Commissioner— (a) that it is representative of a substantial number of clubs in the State; and (b) that it has available to it the appropriate skills and expertise to operate gaming machines, and conduct gaming machine business. (2) The directors, or members of the board of management, of Club One must include the following: (a) at least 1 person who is a lawyer of at least 3 years standing with experience in the club and gaming industry; (b) at least 1 person who is a qualified accountant of at least 3 years standing with experience in the club and gaming industry; (c) at least 1 person with experience in dealing with the issues of problem gambling and gambling addiction. (3) When Club One, in the exercise of its powers as the holder of the special club licence, has or operates gaming machines on the premises of some other person holding a gaming machine licence or the casino premises— (a) Club One is to be regarded as an agent of the holder of the gaming machine licence or the holder of the casino licence (as the case may require); and (b) Club One and the holder of the gaming machine licence or casino licence are jointly and severally responsible to ensure compliance with the conditions of the gaming machine licence or casino licence; and (c) breach of a condition of the gaming machine licence or casino licence is to be regarded as a breach by each licensee of a condition of their respective licences; and (d) Club One and the holder of the gaming machine licence or casino licence are jointly and severally responsible to ensure compliance with— (i) the provisions of this Act or the Casino Act 1997 regarding payment of gaming tax; and (ii) the keeping of accounts and the furnishing of monthly returns. (4) A special club licence is subject to the following further conditions: (a) a condition requiring the holder of the licence to submit for the Commissioner's approval contracts or arrangements under which management services are to be provided, officers or employees engaged in senior management positions are to be remunerated or profits are to be shared with other licensees; (b) a condition requiring the holder of the licence to provide a report to the Minister, no later than 30 September in each year, on the conduct of its financial affairs during the financial year ending on the previous 30 June, including reference to distribution of funds among community, sporting and recreational groups; (c) other conditions determined by the Commissioner and specified in the licence. (5) The Minister must, within 12 sitting days of receiving the report referred to above, cause a copy of the report to be laid before each House of Parliament. (6) Nothing in this section will be taken to prevent the grant of the special club licence to some other person or authority in the event of the licence being surrendered or revoked pursuant to this Act, provided that the other person or authority satisfies the Commissioner of the matters set out in subsection (1) and otherwise complies with the provisions of this section as they apply to Club One. 25—Independent Gaming Corporation (1) The body corporate known as the Independent Gaming Corporation will, on due application being made and the Commissioner being satisfied as to the matters specified in sections 19 and 21, be granted the gaming machine monitor licence issued under this Act. (2) Nothing in this section will be taken to prevent the grant of the gaming machine monitor licence to some other person or authority in the event of the Independent Gaming Corporation not being granted the licence or, if it is granted the licence, in the event of the licence being surrendered or revoked pursuant to this Act. 26A—How licences are to be held (1) A licence may be held jointly by two or more persons. (2) If a licence is held jointly by two or more persons, those persons are jointly and severally liable to any civil or criminal liability that attaches to the licensee under this Act. (3) If the trustee of a trust holds a licence for the purposes of a business conducted by the trustee under a trust— (a) the name of the trust is to be specified in the licence; and (b) the trust is to be considered as an entity holding the licence jointly with the trustee. 27—Conditions (1) The conditions to which a gaming machine licence will be subject are set out in Schedule 1. (2) The conditions to which the gaming machine monitor licence will be subject are set out in Schedule 2. (3) The Commissioner may grant any other licence under this Act subject to such conditions as he or she thinks fit and specifies in the licence. (7) In fixing (or varying) the hours during which gaming operations may be conducted pursuant to a gaming machine licence, the Commissioner— (b) must ensure that there are at least 6 hours in each 24 hour period (which may be a continuous period of 6 hours, or 2 separate periods of 3 hours or 3 separate periods of 2 hours) during which gaming operations cannot be conducted on the premises; and (ba) must ensure that gaming operations cannot be conducted on the premises on Christmas Day or Good Friday. 27AA—Variation of licence (1) Subject to this section, the Commissioner may, by notice in writing addressed to the licensee, vary or revoke any condition of a licence or impose further conditions on the licence. (2) The Commissioner may exercise his or her powers under subsection (1) on his or her own initiative or on application by the licensee or the Commissioner of Police. (3) The Commissioner cannot revoke the statutory conditions of a licence and cannot vary them except in relation to those matters that are determinable by the Commissioner for the purposes of those conditions. (4) The Commissioner may, after receiving an application for variation of a gaming machine licence, determine that the application is to be a designated application for the purposes of section 17A. (7) In determining an application for a variation of a gaming machine licence, the Commissioner must have regard to the matters set out in section 15(5)(a) (to the extent they are relevant to the application). Division 3A—Gaming machine entitlements 27AAB—Gaming machine entitlements in respect of casino (1) On the commencement of this section, the Commissioner is to assign the holder of the casino licence 995 gaming machine entitlements in respect of the gaming areas (within the meaning of the Casino Act 1997). (2) Despite any other provision of this Act, the gaming machine entitlements assigned by the Commissioner under subsection (1) are not transferrable under section 27B. 27AAC—Application of Division to casino (1) Subject to this section, this Division applies to and in relation to a gaming machine entitlement held by the holder of the casino licence. (2) The approved licensing agreement under the Casino Act 1997 may make provision in relation to participation by the holder of the casino licence in the approved trading system established under this Division and, in particular— (a) may specify targets relating to the obtaining of gaming machine entitlements (other than the entitlements assigned under section 27AAB) by the holder of the casino licence; and (b) may impose or provide for the imposition of requirements on the holder of the casino licence in relation to meeting the targets specified in paragraph (a); and (c) may provide that if— (i) the holder of the casino licence satisfies the requirements referred to in paragraph (b); but (ii) a target referred to in paragraph (a) is not met by a specified day, the Commissioner must, on payment of an amount determined in a manner agreed, in writing, by the parties to the agreement (whether or not set out in the agreement), assign the holder of the casino licence a specified number of gaming machine entitlements. (3) Despite any other provision of this Act, a gaming machine entitlement assigned by the Commissioner in accordance with provisions of the approved licensing agreement referred to in subsection (2)(c)— (a) is not transferrable under section 27B; and (b) only relates to a premium gaming area (within the meaning of the Casino Act 1997). 27A—Gaming machine entitlements (2) A gaming machine entitlement may be held only by— (a) a licensee holding a gaming machine licence who has an approval from the Commissioner to operate on the licensed premises a number of gaming machines equal to or exceeding the number of gaming machine entitlements held by the licensee; or (b) Club One; or (c) the holder of the casino licence; or (d) a person who is entitled to hold gaming machine entitlements under an arrangement approved by the Commissioner under section 27B(1)(c); or (e) the Commissioner. (3) The Commissioner must— (a) keep a register of gaming machine entitlements; and (b) cause the register to be published on a website to which the public has access free of charge. (4) The Commissioner must record on the register— (a) the number of gaming machine entitlements held by each licensee and the holder of the casino licence; and (b) the premises to which the gaming machine entitlements relate; and (c) the number of gaming machine entitlements temporarily held by the Commissioner; and (d) any other matters in relation to the approved trading system as prescribed by the regulations. 27B—Transferability of gaming machine entitlements (1) A gaming machine entitlement is transferable as follows: (a) if a gaming machine licence is transferred, the transferor may transfer together with the licence all gaming machine entitlements held by the transferor immediately before the transfer; (b) a non-profit association that holds a gaming machine licence may transfer, absolutely or for a limited period, a gaming machine entitlement to Club One under an arrangement approved by the Commissioner; (c) a non‑profit association that holds a gaming machine licence may transfer, absolutely or for a limited period, a gaming machine entitlement to another non‑profit association that holds a gaming machine licence under an arrangement approved by the Commissioner; (ca) a non‑profit association that holds a gaming machine licence may transfer, absolutely or for a limited period, a gaming machine entitlement to the Commissioner under an arrangement approved by the Commissioner; (d) if a person is authorised by or under Part 3 Division 4A to carry on the business of a licensee— (i) at the commencement of the period of authorisation, the licensee's gaming machine entitlements vest in the authorised person; and (ii) at the conclusion of the period of authorisation, any entitlements still held revert to the person in whom they would (apart from this paragraph) have been vested; (e) if a person holds a temporary licence under Part 3 Division 4A, the former licensee's gaming machine entitlements vest in the holder of the temporary licence and then— (i) if the temporary licence is converted into an ordinary licence—any such entitlements still held at the time of the conversion vest, on the conversion, in the holder of the ordinary licence; or (ii) if the temporary licence is not converted into an ordinary licence—any such entitlements still held at the conclusion of the temporary licence revert to the person in whom they would (apart from this paragraph) have been vested; (f) the holder of gaming machine entitlements may (subject to this section) sell 1 or more of the entitlements under the approved trading system. (2) The approved trading system is a system established by the regulations. (3) The regulations establishing the approved trading system may include the following: (a) provisions dealing with the eligibility of intending sellers and purchasers to participate in the system; (ab) provisions dealing with advertising of gaming machine entitlements for sale on a website maintained by the Commissioner that is able to be accessed by intending sellers and purchasers in the system; (b) conditions and restrictions on the sale of gaming machine entitlements (such as, for example, a condition providing that a gaming machine entitlement formerly held by the holder of a particular type of liquor licence may only be purchased by the holder of a liquor licence of a similar type); (d) a provision requiring the purchaser of a gaming machine entitlement to acquire and operate a gaming machine under the entitlement within a specified period and providing that, if the purchaser fails to do so, the entitlement is to lapse; (e) a provision requiring an intending seller of gaming machine entitlements to surrender a proportion of its entitlements to the Commissioner and prescribing how the Commissioner is to deal with entitlements so surrendered; (f) a provision for the payment of a commission to the Crown on sale of a gaming machine entitlement under the approved trading system; (g) a provision for the payment of fees by participants in the approved trading system; (h) provisions dealing with any other aspect of the approved trading system. (4) Any commission on the sale of a gaming machine entitlement is to be paid into the Gamblers Rehabilitation Fund. (5) If a gaming machine entitlement relates to premises that are (or were) held by the licensee under a lease, the right to sell the entitlement under the approved trading system is qualified as follows: (a) if the lease is entered into after the commencement of this section, the lease may exclude or limit the right of sale; (b) if the lease was entered into before the commencement of this section, the right may only be exercised if— (i) all parties to the lease agree; or (ii) the District Court, on application by the holder of the entitlement, determines that it is fair and equitable to authorise its sale and gives its authorisation accordingly. (6) If the District Court gives an authorisation under subsection (5)(b), it may exercise either or both of the following powers: (a) it may impose conditions, such as a condition that the proceeds of the sale be shared between the parties on a fair and equitable basis; (b) it may make a consequential alteration to the terms of the lease. (7) If the holder of a gaming machine entitlement makes an application for an authorisation under subsection (5)(b) and, before the proceedings are determined— (a) the applicant is required under the terms of a lease to transfer the entitlement to someone else; or (b) the entitlement vests in someone else on conversion of a temporary licence into an ordinary licence under Part 3 Division 4A, the District Court may order the sale of the entitlement under the approved trading system and the payment of the net proceeds of sale to the applicant or the division of the net proceeds of the sale between the applicant and another or others in proportions the District Court considers fair and equitable. (8) No liability to stamp duty arises in relation to a transfer of gaming machine entitlements under subsection (1)(b), (c) or (f) executed after the commencement of this subsection. (9) The Commissioner may determine that gaming machine entitlements held under a gaming machine licence that is to be transferred, or that is suspended, or has been surrendered or revoked, may be held temporarily by the Commissioner on the basis that the entitlements will, by the Commissioner's subsequent approval or determination— (a) vest in the licensee or another person; or (b) be allocated to licensed premises, or a gaming area within the meaning of the Casino Act 1997; or (c) be forfeited to the Commissioner and cancelled under section 27CA. 27C—Premises to which gaming machine entitlements relate (2) The following provisions apply on the transfer of a gaming machine entitlement to a person other than the Commissioner: (a) if the entitlement is transferred together with a gaming machine licence, it will upon transfer relate to the same licensed premises; (b) if the entitlement is transferred by a non-profit association under an arrangement approved by the Commissioner, it will upon transfer relate to premises nominated in the arrangement; (c) if the entitlement is sold under the approved trading system, it will relate to premises nominated by the purchaser and approved by the Commissioner as part of the trading process. (3) However, the Commissioner may approve the acquisition of gaming machine entitlements by Club One on the basis that the entitlements will be subsequently allocated to licensed premises, or to a gaming area within the meaning of the Casino Act 1997, with the Commissioner's approval. (4) The Commissioner may approve the re-allocation by Club One of gaming machine entitlements from 1 set of licensed premises to another or to a gaming area within the meaning of the Casino Act 1997 (but gaming machine entitlements allocated to premises in respect of which Club One itself holds a gaming machine licence cannot be re-allocated under this subsection). 27CA—Forfeiture and cancellation of gaming machine entitlements (1) If the Commissioner— (a) revokes a gaming machine licence (whether under this Part or as a result of disciplinary action against a former licensee); or (b) accepts a surrender of a gaming machine licence under section 33, the Commissioner must determine whether all or any of the gaming machine entitlements held by the former licensee should be forfeited to the Commissioner (and any entitlements so forfeited must be cancelled by the Commissioner accordingly). (2) If the Commissioner cancels gaming machine entitlements, any gaming machines to which the entitlements related may be dealt with under section 16(5) or in the manner prescribed by the regulations. 27D—Effect of this Division on obligations under a lease or mortgage If— (a) a lease, mortgage or related agreement was entered into before the commencement of this Division; and (b) the licensee is required by the lease, mortgage or related agreement to maintain a certain number of gaming machines in operation on the licensed premises; and (c) the number exceeds the number of gaming machine entitlements assigned to the licensee on the commencement of this Division, the lease, mortgage or related agreement will be construed as if it required the licensee to maintain a number of gaming machines in operation on the licensed premises equivalent to the number of gaming machine entitlements assigned to the licensee on the commencement of this Division. 27E—Statement of Parliamentary intention to reduce gaming machine numbers etc (1) It is Parliament's intention to reduce the number of gaming machines that may be operated in the State to a number to be prescribed by regulation (the statutory objective). (2) The Minister must cause a review to be undertaken of the operation of the approved trading system established under section 27B(2) with a view to determining how it should be modified in order to meet the statutory objective and a written report on the review to be prepared and submitted to the Minister. (3) The review under subsection (2) must seek and consider written submissions from the holder of the casino licence, a body representative of licensees and Club One. (4) The review and the report must be completed after the first but before the second anniversary of the day on which the Statutes Amendment (Gambling Regulation) Act 2019 is assented to by the Governor. (5) The Minister must cause a copy of the report submitted under subsection (2) to be tabled in both Houses of Parliament within 12 sitting days after its submission. Division 3B—Removal etc of gaming machine licence 27F—Removal of gaming machine licence (1) The Commissioner may, on application by the holder of a gaming machine licence, approve the removal of the gaming machine licence and the reallocation of gaming machine entitlements held by the licensee from 1 set of premises (premises A) to another (premises B) if— (a) the licensing authority has granted an application for the removal of a liquor licence from premises A to premises B under Part 4 Division 4 of the Liquor Licensing Act 1997; and (b) premises A and premises B are in the same locality; and (c) in the case of an application that is a designated application—the applicant has satisfied the requirements (if any) set out in the community impact assessment guidelines. (2) In determining an application for the removal of a gaming machine licence under this section, the Commissioner must have regard to the matters set out in section 15(5)(a) (to the extent that they are relevant to the application). (3) The following provisions apply in relation to an application under this section in respect of premises that are held by a licensee under a lease: (a) if the lease is entered into after the commencement of this section, an application may not be made in contravention of any express provision in the lease; (b) if the lease was entered into before the commencement of this section, the licensee may only make an application under this section if— (i) all parties to the lease agree; or (ii) the District Court, on application by the licensee, determines that it is fair and equitable to authorise the making of the application and gives its authorisation accordingly; (c) if the District Court gives an authorisation under paragraph (b)(ii), it may impose conditions or make consequential alterations to the term of the lease, as the Court thinks fit. (4) The Commissioner may issue a replacement copy of the gaming machine licence with such alterations as may be required to reflect an approval granted under this section. 27G—Commissioner may determine application is a designated application The Commissioner may, after receiving an application under this Division, determine that the application is to be a designated application for the purposes of section 17A. Division 3C—Provisions relating to clubs 27H—Dealing with gaming machine licence on amalgamation of clubs (1) If— (a) 2 or more associations incorporated under the Associations Incorporation Act 1985 (the amalgamating clubs) amalgamate under that Act as a single incorporated association (the amalgamated club); and (b) the amalgamated club is to carry on business at the premises of 1 of the amalgamating clubs (the amalgamated club premises); and (c) an application has been made to the Commissioner on behalf of the amalgamating clubs under section 65A of the Liquor Licensing Act 1997; and (d) 1 or more of the amalgamating clubs holds a gaming machine licence, the Commissioner may, on application on behalf of the amalgamating clubs— (e) revoke a gaming machine licence; or (f) issue a replacement copy of a gaming machine licence; or (g) reallocate gaming machine entitlements, in accordance with this section. (2) If— (a) only 1 of the amalgamating clubs is the holder of a gaming machine licence; and (b) the amalgamated club premises are the premises to which the gaming machine licence relates, the Commissioner may— (c) issue a replacement copy of the gaming machine licence in the name of the amalgamated club; and (d) reallocate the gaming machine entitlements held in respect of the premises to which that gaming machine licence relates to the amalgamated club to be held in respect of the amalgamated club premises. (3) If— (a) 2 or more of the amalgamating clubs hold a gaming machine licence; and (b) 1 of those gaming machine licences is held in respect of the amalgamated club premises, the Commissioner may— (c) revoke the gaming machine licence of 1 or more of the amalgamating clubs; and (d) issue a replacement copy of the gaming machine licence in the name of the amalgamated club in respect of the amalgamated club premises; and (e) reallocate gaming machine entitlements held in respect of premises to which the revoked gaming machine licenses relate to the amalgamated club to be held in respect of the amalgamated club premises. 27I—Transfer of gaming machine licences and gaming machine entitlements (1) The Commissioner may, on application by the holder of a club licence, approve the transfer of a gaming machine licence— (a) to that holder jointly with 1 or more other holders of separate club licences; or (b) to the holder of another club licence or the holders of separate club licences to be held jointly by them. (2) The holder of a club licence who holds a gaming machine licence may transfer, absolutely or for a limited period, under an arrangement approved by the Commissioner, a gaming machine entitlement to the holder of another club licence who also holds a gaming machine licence. (3) The holder of the special club licence may, under an arrangement approved by the Commissioner, transfer, absolutely or for a limited period, a gaming machine entitlement to the holder of a club licence who also holds a gaming machine licence. (4) The Commissioner may issue a replacement copy of a gaming machine licence or the special club licence with such alterations as may be required to reflect an approval granted under this section. 27J—Commissioner may determine application is a designated application The Commissioner may, after receiving an application under this Division, determine that the application is to be a designated application for the purposes of section 17A. 27K—Provisions relating to premises held under a lease The following provisions apply in relation to an application under this Division in respect of premises that are held under a lease: (a) if the lease is entered into after the commencement of this Division, an application may not be made in contravention of any express provision of the lease; (b) if the lease was entered into before the commencement of this section, an application under this Division may only be made if— (i) all parties to the lease agree; or (ii) the District Court, on application by a proposed applicant under this Division, determines that it is fair and equitable to authorise the making of the application and gives its authorisation accordingly; (c) if the District Court gives an authorisation under paragraph (b)(ii), it may impose conditions or make consequential alterations to the term of the lease, as the Court thinks fit. Division 4—Transfer of licences 28—Certain licenses only are transferable (1) If a general and hotel licence or an on premises licence is transferred, any gaming machine licence held by the transferor may on application and, with the consent of the Commissioner, be transferred to the transferee of the general and hotel or on premises licence. (1b) A gaming machine licence is not transferable otherwise th