Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) The commission may refuse to issue a gaming machine licence to an applicant that is a club if satisfied that—
(a) payments for goods and services supplied to a club, including the rental or lease payments for the club's premises, are related to the level of gaming machine performance; or
Examples—goods and services
• food and beverages
• cleaning services
• gaming machines
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(b) someone, other than the lessor or leasing agent, will receive a payment or benefit during or at the end of a lease, agreement or arrangement entered into by the club for its premises; or
(c) the election of a member of the club's management committee or board has been decided, controlled or influenced in a significant way, or to a significant degree, by—
(i) people who are not voting members of the club; or
(ii) only some voting members of the club; or
(d) the voting members of the club, taken as a group, do not have complete control over the election of all members of the club's management committee or board; or
(e) each voting member of the club does not have an equal right to elect people, and to nominate or otherwise choose people for election, to the club's management committee or board; or
(f) if the club does not own its premises—an executive officer or employee of the club is also the club's lessor, or an associate of the club's lessor; or
(g) an executive officer or employee of the club is a creditor, or an associate of a creditor, of the club; or
(h) the club's management committee or board does not, for any reason, have complete control over the club's business or operations, or a significant aspect of the club's business or operations; or
(i) the club is being, or may be, used as a device for individual gain or commercial gain by someone other than the club.
(2) However, the commission must not refuse to issue a gaming machine licence under subsection (1) (c), (d) or (e) only because—
(a) the commission is satisfied that the election of a member of the club's management committee or board has been decided, controlled or influenced in a significant way, or to a significant degree, by an associated organisation; or
(b) the voting members of the club, taken as a group, do not have complete control over the election of all members of the club's management committee or board because an associated organisation has some control; or
(c) each voting member of the club does not have an equal right to elect people, and to nominate or otherwise choose people for election, to the club's management committee or board because an associated organisation has a right to elect, nominate or otherwise choose people for election.