GAMING MACHINE ACT 1991 Reprinted as in force on 30 January 2012 Reprint No. 10 [../images/GamingMachA91-3.gif] TABLE OF PROVISIONS Contents Part 1--Preliminary 1. Short title 1A. Object 2. Definitions 3. Meaning of conduct of gaming 4. Approval of terminating date for financial year 5. Meaning of associate 6. Meaning of control action under the Corporations Act 7. Meaning of due date for payment 9. Meaning of jackpot payout 10. Meaning of metered payouts 11. Meaning of percentage return to player 12. Meaning of play a gaming machine 13. Act binds the Crown 13A. Declaration for Commonwealth Act 14. Acceptable evidence of age Part 2--Administration 15. Establishment of commission 16. Functions of commission 17. Powers of commission 18. Commissioners 19. Tenure of office 20. Leave of absence 21. Register and disclosure of interests 22. Termination of appointment of commissioners 23. Terms and conditions of appointment of commissioners 24. Acting appointments 25. Meetings 26. Resources 27. Annual report 28. Decisions or determinations of commission 29. Who may apply for a review by tribunal 30. Effect of reconsidering a decision after application to QCAT 31. Tribunal to decide review on evidence before the chief executive or commission 32. Tribunal may give leave for review to be decided on new evidence in particular circumstances 33. Appeals from tribunal only to Court of Appeal on question of law 49. Departmental gaming officers to be of good repute 50. Delegations 53. Criminal history reports 53A. Commissioner of police service to notify changes in criminal history 54. Confidentiality of information 54A. Chief executive may issue guidelines 54B. Chief executive may make standard 54C. Notice and availability of standard Part 3--Gaming machine licences Division 1--Authorisation of gaming machine gambling 55. Gaming lawful and does not constitute nuisance Division 2--General requirements for applications of significant community impact 55A. Applications of significant community impact 55B. Community impact statement and statement of responsible gambling initiatives required for application of significant community impact 55C. Advertisement of application of significant community impact 55D. Community comments 55E. Procedure on receipt of community comments 55F. Chief executive's power to invite representations 55G. Waiver or variation of requirement of this division Division 3--Applications for gaming machine licences 55H. Limit on category 2 gaming machine licences for clubs 56. Application for gaming machine licences 56A. Application for gaming machine licence for replacement category 1 licensed premises 56B. Application for gaming machine licence for replacement category 2 licensed premises 57. Recommendation by chief executive about application for gaming machine licence 58. Decision on application for gaming machine licence 59. Particulars to be fixed on grant of gaming machine licence 60. Basis on which number of gaming machines to be installed in premises and hours of gaming are to be decided Division 4--Application for additional licensed premises 61. Application for additional licensed premises 62. Recommendation by chief executive about additional premises application 63. Decision on additional premises application 64. Fixing number of gaming machines and hours of gaming for additional premises 65. Application of gaming machine licence to additional premises Division 5--Change of circumstance 66. Changes in circumstances of applicants for gaming machine licences and licensees generally 67. Changes in circumstances of category 2 licensees Division 6--Gaming machine licences generally 68. Issue of gaming machine licences generally 69. Issue of amalgamated gaming machine licences to clubs 70. Gaming machine licences to be displayed 71. Issue of copy or replacement gaming machine licences—generally 71A. Replacement of gaming machine licence for particular changes 72. Term of gaming machine licences 73. Conditions of gaming machine licences 74. Imposition or variation of conditions 75. Payment and recovery of amounts 76. Renewal and continuance of gaming machine licences 77. Gaming machine licences can not be transferred 78. Certain applications under Liquor Act 1992 subject to chief executive's certificate 78A. Liquor licence transfer application, and additional premises application, for premises 79. Other applications under Liquor Act 1992 80. Directions to licensees about authorised gaming machines 80A. When gaming machine licence lapses and number of approved gaming machines changes 80B. Restriction on installation and operation of gaming machines for category 1 licensee 80C. Restriction on installation and operation of gaming machines for category 2 licensee Division 7--Increase of approved number of gaming machines 81. Application to increase approved number of gaming machines 82. Recommendation by chief executive about increase application 83. Decision on increase application 84. Matters to be taken into account for increase application 85. Fixing increase number of gaming machines 85AA. When approval lapses and number of additional gaming machines changes Division 8--Increase of approved hours of gaming 85A. Application to increase approved hours of gaming 85B. Recommendation by chief executive about increase application 85C. Decision on increase application 85D. Matters to be taken into account for increase application Division 9--Decrease of approved number of gaming machines 86. Proposals to decrease approved number of gaming machines 87. Decision on decrease proposal 88. Disposal of gaming machines for decrease proposal 88A. Notice of decision about decrease proposal 89. Matters to be taken into account for decrease proposal 90. Surrender or disposal of gaming machines on approval of decrease Division 10--Decrease of approved hours of gaming 90A. Proposals to decrease approved hours of gaming 90B. Recommendation by chief executive about decrease proposal (hours of gaming) 90C. Decision on decrease proposal (hours of gaming) 90D. Matters to be taken into account for decrease proposal (hours of gaming) Division 11--Relocation of gaming machine areas 91. Relocation of gaming machine areas Division 11A--Ceasing gaming at particular licensed premises 91A. Ceasing gaming at licensed premises 91B. Chief executive may amend or replace licence 91C. Dealing with gaming machines on ceasing the conduct of gaming Division 12--Disclosure and investigations 92. Disclosure of influential or benefiting parties 93. Investigation of licensees and associates 94. Cessation or commencement of executive officer or secretary Division 13--Surrender, suspension, cancellation etc. 95. Surrender of gaming machine licences 95A. Surrender of gaming machine licence being replaced—category 1 licensed premises 95B. Surrender of gaming machine licence being replaced—category 2 licensed premises 96. Action affecting gaming machine licences based on action affecting liquor licences 97. Cancellation or suspension of gaming machine licences and letters of censure 98. Immediate suspension of gaming machine licence 99. Suspension of gaming machine licence for non-payment of gaming machine tax, levy or penalty 100. Effect of suspension of licence 101. Notices to interested persons 102. Gaming machines not to be played 103. Amounts payable under gaming machine licence that ceases to have effect 104. Disposal of gaming machines on cancellation or non-renewal of gaming machine licence 105. Destruction of fingerprints 106. Appointment of administrator instead of suspension 107. Expenses of administration 108. Liability for losses incurred during administration 109. Special authorisation to conduct gaming Part 3A--Operating authorities for category 1 licensed premises Division 1--Preliminary 109A. Limit on number of operating authorities Division 2--Sale of operating authorities 109B. Sale of operating authority 109C. Purchase of operating authority at authorised sale 109D. Dealing with amounts received on sale of operating authorities of the State 109E. Dealing with amounts received on sale of licensee's operating authority Division 3--Other matters about operating authorities 109F. When operating authorities become operating authorities of the State 109G. Compensation is not payable 109H. Operating authority not to be encumbered 109I. Issuing replacement gaming machine licence to show endorsed number of operating authorities Part 3B--Entitlements for category 2 licensed premises Division 1--Preliminary 109J. Limit on number of entitlements 109K. Entitlements are transferable Division 2--Permanent transfer of entitlements 109L. Definitions for div 2 109M. Application for approval 109N. Requirement about consideration for the transfer 109O. Requirements about transferor licensed premises 109P. Requirements about transferee licensed premises 109Q. Variation of terms of transfer 109R. Issuing replacement gaming machine licence to show endorsed number of entitlements Division 3--Temporary transfer of entitlements 109S. Definitions for div 3 109T. Application for approval 109U. Requirements about transfer period and consideration for the transfer 109V. Requirements about transferor licensed premises 109W. Requirements about transferee licensed premises 109X. Variation of terms of transfer 109Y. Issuing replacement gaming machine licence 109Z. Register of transferred entitlements Division 4--Entitlements of the State 109ZA. When entitlement becomes entitlement of the State 109ZB. Compensation is not payable 109ZC. Sale of entitlement of the State 109ZD. Purchase of entitlement at authorised entitlements sale 109ZE. Dealing with amount received on sale of entitlement of the State Division 5--Miscellaneous 109ZF. Entitlement not to be encumbered 109ZG. Change in endorsed number of entitlements for licensed premises 109ZH. Decrease in, or end of, temporary transfer of entitlements 109ZI. Effect of appointment of controller 109ZJ. Review of provisions relating to entitlements Part 4--Licensing of monitoring operators, dealers and testing facility operators Division 1--Interpretation 110. References to particular licensed suppliers 111. References to particular suppliers' licences Division 2--Suitability of persons 112. Suitability of applicants for, and holders of, suppliers' licences 113. Suitability of associates 114. Other issues about suitability Division 3--Applications for, and issue of, suppliers' licences 115. Application for licence 116. Further information to support application 117. Change in circumstances of applicant 118. Fresh disclosure affidavit by applicant 119. Consideration of application 120. Investigations about application 121. Recommendation about application 122. Decision about application 123. Conditions of licences 124. Form of licence 125. Duration of licence 126. Provisional licences Division 4--Dealings affecting suppliers' licences 127. Changing conditions of licence 128. Recording change of conditions 129. Extension of licence 130. Renewal of licence—application 131. Renewal of licence—decision 132. Replacement of licence 133. Licence not transferable 134. Surrender of licence Division 5--Investigation of licensed suppliers and associates 135. Approving audit programs 136. Conducting investigations 137. Requirement to give information or material for investigation 138. Failure to give information or material for investigation Division 6--Suspension and cancellation of suppliers' licences 139. Grounds for suspension or cancellation 140. Show cause notice 141. Involvement of interested persons of licensed monitoring operators in show cause process 142. Consideration of representations 143. Ending show cause process without further action 144. Censuring licensed supplier 145. Direction to rectify 146. Recommendation to suspend or cancel 147. Decision of commission 148. Suspension, cancellation and appointment of administrator 149. Immediate suspension 150. Effect of suspension 151. Terms of appointment, and role, of administrator 152. Notices to interested persons Division 7--Obligations of licensed suppliers Subdivision 1--Obligations for all licensed suppliers 153. Change in circumstances of licensed supplier 154. Fresh disclosure affidavit by licensed supplier 155. Change of officers of licensed supplier 156. Returns about employees 157. Notice about failure of licensee to pay amount Subdivision 2--Additional obligations for licensed monitoring operators 158. Returns about licensed key monitoring employees 159. Change of licensed key monitoring employees 160. Ending person's employment 161. Requirement to end key officer's role 162. Notice about failure of licensee to pay basic monitoring fee Division 8--Compliance requirements Subdivision 1--Control systems 162A. Application of sdiv 1 163. Approved control system for supply operations 164. Control system submission 165. Control system (change) submission 166. Dealing with submissions 167. Direction to change approved control system Subdivision 2--Monitoring records 168. Notices about keeping monitoring records 169. Places at which monitoring records to be kept 170. Period for which monitoring records to be kept Subdivision 3--Financial accounts, statements and reports 171. Keeping of accounts 172. Preparation of financial statements and accounts 173. Submission of reports Subdivision 4--Financial institution accounts 174. Keeping of accounts 175. Use of accounts Subdivision 5--Audit 176. Operators audit guidelines 177. Audit of monitoring operations 178. Carrying out of audit 179. Dealing with audit report 180. Associated documents for audit report for licensed monitoring operator 181. Further information about audit report or associated documents Division 9--Other matters 182. Disclosure affidavits about persons having influence or receiving benefits 183. Requirements for returns about employees 184. Requirements for notices about unpaid amounts Part 5--Licensing of repairers, service contractors, gaming nominees, gaming employees and key monitoring employees Division 1--Preliminary 185. Meaning of key monitoring employee 186. Meaning of key officer 187. Unlicensed persons not to install etc. gaming equipment 188. Entering into service contracts 189. Licensing requirements for carrying out gaming duties on licensed premises 189A. Requirement to hold current responsible service of gambling course certificate 190. Unlicensed persons not to be key monitoring employees 191. Certain persons must apply for gaming employee's licence 192. Certain persons must apply for key monitoring employee's licence 193. Meaning of nominee 194. Identity cards for certain nominees 195. Nominees of licensees Division 2--Applications for licences, and changes in circumstances of applicants and holders of licences 196. Application for gaming nominee's licence by licensed gaming employee 197. Application for gaming employee's licence by licensed gaming nominee 198. Applications for licences under this part 199. Changes in circumstances of applicants for and holders of licences 200. Chief executive to consider application 201. Decision on application Division 3--Form of licence and other matters about licences 202. Form of licence 203. Issue of copy or replacement licence 204. Term of licences 205. Conditions of licences 206. Changing conditions of licence 206A. Recording change of conditions 207. Renewal and continuance of licences 208. Licences not to be transferred Division 4--Displaying licences etc., and disclosing information 209. Display of certain licences, identity cards and particulars 210. Disclosure of influential or benefiting parties Division 5--Audit programs and investigations 211. Approving audit programs 212. Conducting investigations of licensed persons and associates 213. Requirement to give information or document for investigation 214. Failure to give information or document for investigation Division 6--Suspension and cancellation of licences, and other action by chief executive Subdivision 1--Suspension and cancellation 214A. Grounds 214B. Show cause notice 214C. Consideration of representations 214D. Immediate suspension 214E. Suspension and cancellation of licence after show cause process Subdivision 2--Other action by chief executive 214F. Ending show cause process without further action 214G. Censuring licensed person 214H. Direction to rectify matter after show cause process 214I. Cancellation or reduction of period of suspension Division 7--Miscellaneous 215. Cessation or commencement of executive officer or secretary 216. Employment of licensed repairers 217. Returns about employees and agreements 218. Surrender of licences 223. Destruction of fingerprints 224. Provisional licences Part 6--Supervision and management of gaming Division 1--Installation and storage, and register, of gaming machines 225. Installation and storage of gaming machines by licensees 226. Licensee's register of gaming machines 227. Gaming machines not to be played if not installed in gaming machine area 228. Gaming equipment not to be an annoyance etc. Division 2--Advertising 229. Advertisements related to gaming 230. Directions about advertising Division 3--Gaming related systems 231. Installation, operation and modification of gaming related systems 232. Approvals for gaming related systems Division 4--Fees for basic monitoring services, and maintaining facilities 233. Basic monitoring fees 234. Maintenance of facilities etc. Division 5--Hours of gaming and rules ancillary to gaming 235. Hours of gaming 236. Rules ancillary to gaming 237. Rules ancillary to gaming to be displayed and enforced Division 6--Extending credit, and gaming tokens 238. Licensees or employees not to extend credit 239. Gaming tokens 240. Gaming tokens that are not Australian currency Division 7--Provisions about winnings and other payments 241. Entitlement of players to winnings 242. Payments for gaming 242A. Unclaimed payments 243. Gaming by employees of licensees 244. Gaming system malfunctions 245. Notices and reports about payout refusal decisions 246. Requests for review of payout refusal decisions 247. Review of payout refusal decisions 248. Review of initial review decisions 249. Effect of reviews on payout refusal decisions Division 8--Defective gaming system components, and security of gaming machines 250. Defective gaming system components not allowed 251. Security of keys etc. 252. Certain persons only to have access etc. to gaming machines Division 9--Provisions about minors 253. Minors can not play gaming machines 254. Minors can not be allowed to game 255. False representation of age 256. Wrongful dealing with genuine evidence of age 257. Seizure of document wrongly used as evidence of age 258. Ascertainment of age 259. Seizure of material associated with representation of age 260. Defence to charge if age material Division 10--Excluding or removing persons from licensed premises or gaming machine areas Subdivision 1--Provisions about self-exclusion 261. Self-exclusion notice 261A. Self-exclusion order 261B. Revoking self-exclusion order Subdivision 2--Exclusion instigated by licensee 261C. Exclusion direction 261D. Duration of exclusion direction 261E. Application to revoke exclusion direction 261F. Deciding application to revoke exclusion direction Subdivision 3--Other provisions 261G. Particular persons not to enter or remain in licensed premises or gaming machine area 261H. Counselling 261I. Obligation to prevent person from entering or remaining in licensed premises or gaming machine area 261J. Register 261K. Report about prohibition under order or direction 261L. Distributing promotional or advertising material about licensed premises 262. Removal of certain persons Division 11--Obstructing licensees and other persons 263. Obstruction to removal from licensed premises 264. Obstruction generally Division 12--Reports about matters relating to compliance with Act 264A. Compliance self-assessment 264B. Keeping compliance self-assessment 264C. Report about particular activities Part 7--Control of gaming machines 265. Manufacture, sale, supply, obtaining or possession of gaming machines 265A. Dealing with gaming equipment etc. by monitoring operators and approved financiers 266. Possession of gaming equipment and other property by licensed monitoring operators 267. Possession etc. of gaming equipment and other things by licensed major dealers 267A. Possession etc. of particular gaming equipment by licensed testing facility operator 268. Possession etc. of restricted components by licensed secondary dealers 269. Possession etc. of gaming equipment and other things by licensed repairers 270. Possession etc. of gaming equipment and other things by licensed service contractors 271. Possession etc. of gaming equipment and other things by licensees 272. Possession etc. of gaming machines etc. by other persons 273. Gaming equipment not to be encumbered 274. Repossession of gaming machines 275. Storage of gaming machines by operators and financiers 276. Operators and approved financiers must keep registers of gaming machines 277. Destruction of gaming machines 281. Approval and rejection of gaming machines and games 282. Replacing approved games 283. Changes to percentage returns 284. Withdrawal of approval of gaming machine types and games 285. Gaming machines supplied to be in accordance with approval 286. Inducing the acquisition of gaming equipment or ancillary or related equipment 287. Requirements for approvals for linked jackpot arrangements 288. Decisions about approvals for linked jackpot arrangements 289. Gaming machines to be labelled with chief executive's identification number 290. Gaming prohibited on unprotected devices 291. Unlawful interference with gaming equipment 292. Protection of sensitive areas of gaming equipment 292A. Licensee's obligation about site controller 293. Wilful damage of gaming equipment 294. Use of unauthorised gaming machines Part 8--Accounting procedures 295. Monthly money clearances 296. Periodic money clearances 297. Requirement for money clearance 298. Accounts and analyses 299. Monthly gaming machine reconciliation reports 300. Records not to be falsified etc. 301. Licensees audit guidelines 302. Audit of gaming operations 303. Carrying out of audit 304. Dealing with audit report 305. Community benefit statement and other associated documents for audit report for category 2 licensee 306. Further information about audit report or associated documents 307. Notices about keeping accounting records 308. Keeping accounting records 309. Period for which licensee's accounting records to be kept Part 9--Taxes, levies and fees Division 1--Assessment of monthly taxable metered wins 310. Monthly taxable metered win Division 2--Gaming machine tax and relevant funds 312. Gaming machine tax 313. Sport and recreation benefit fund 314. Community investment fund 315. Gambling community benefit fund 316. Gambling Community Benefit Committee Division 3--Health services levy 316A. Purpose of div 3 316B. Health services levy on category 1 licensed premises 316C. Health services fund accounts Division 4--Payment of taxes, levies and fees and related matters 317. Payment of taxes etc. 318. Adjustment of gaming machine tax 319. Penalty for late payment 320. Forgiven or overpaid money 321. Financial statement of licensed monitoring operator 322. Disposition of fees etc. 323. Adjustment of assessment in certain circumstances 324. Recovery of taxes, levies and penalties 325. Offences relating to revenue Part 10--Investigation and enforcement Division 1--Inspectors Subdivision 1--Appointment of inspectors 325A. Appointment and qualifications Subdivision 2--Other matters about inspectors 325B. Conditions and limit on powers 325C. Issue of identity card 325D. Production or display of identity card 325E. When inspector ceases to hold office 325F. Resignation 325G. Return of identity card Subdivision 3--Audit program and report about criminal history 325H. Audit program 325I. Report about criminal history Division 2--Directions, powers of inspectors etc. 326. Interpretation 327. Directions 328. Stop directions 329. General powers of inspectors 330. Offences relating to inspectors 331. Forfeiture of things that have been seized 332. Return of things that have been seized 333. Access to things that have been seized 334. Dealing with forfeited things 335. Minister may order inquiry 336. Review and termination of agreements 337. Financial institution may be required to furnish particulars Part 10A--Approved responsible service of gambling course Division 1--Preliminary 337A. Definition for pt 10A Division 2--Approval of course and trainer 337B. Approval of responsible service of gambling course 337C. Applying for approval as trainer 337D. Deciding application 337E. Grant of application 337F. Refusal to grant application Division 3--Renewal of approvals 337G. Applying for renewal 337H. Deciding application 337I. Renewal of approval 337J. Refusal to renew approval 337K. Approval continues pending decision about renewal Division 4--Lapsing of applications 337L. Lapsing of application Division 5--Cancellation of approvals 337M. Grounds for cancellation 337N. Procedure for cancellation Part 11--General 338. Certain persons not to play gaming machines 339. Restricted officials prohibited from playing gaming machines 340. Prohibition on control of applications by category 2 licensees 341. Prohibition on control of gaming at category 2 licensed premises 341A. Restriction on membership of management committee or board 342. Restriction on certain agreements 343. Exemption of devices etc. 344. Approvals and authorities under this Act 345. Signatories to approvals and written requirements etc. of the commission 346. Bribery of gaming officials 347. Financial connections and interests of restricted officials 348. Reporting of accounting discrepancies and criminal activity 349. Cheating 350. Forgery and like offences 351. Liability for offences by servants, agents or employees 352. Liability for offence by body corporate 353. Claims of privilege in proceedings for offences 354. Protection of officers etc. 355. Attempt to commit offence 356. Proceedings for offences 357. Starting proceedings 358. Warrant and arrest of person offending against Act 359. Forfeiture on order of court 360. Service of notices, documents etc. 361. Evidentiary provisions 362. Disclosure of criminal history 363. Refund of amounts in certain circumstances 364. Approval of forms 365. Alternatives to forms 366. Regulation-making power Part 12--Transitionals Division 1--Provisions for Gaming Machine Amendment Act 1997 368. Chief executive to supply gaming machines etc. until there is a licensed operator 369. Gaming machine tax for June 1997 370. Recovery of certain amounts outstanding at 30 June 1997 371. Payment of certain amounts received after 30 June 1997 372. Inspectors and officers of the division Division 2--Provisions for Gaming Machine and Other Legislation Amendment Act 1999 373. Definitions 374. Term of gaming machine licences 375. Approved control systems for existing operators 376. Nominees of licensees 377. Application for gaming nominees' licences 378. Applications for machine managers' licences 379. Machine managers' licences 380. Licensed machine managers 381. Term of part 5 licences 382. Continuation of certain agreements for stated period Division 3--Provisions for Gaming Machine and Other Legislation Amendment Act (No. 2) 1999 383. Definitions 385. Existing inspectors 386. Existing additional employees 387. Certain listed manufacturers taken to be licensed major dealers 388. Listed suppliers taken to be licensed secondary dealers 390. Continuation of directions prohibiting the playing of gaming machines 391. Consideration of social and community issues for existing applications Division 4--Provisions for Gambling Legislation Amendment Act 2000 392. Certain gaming machine licences to lapse 393. Certain approvals to lapse 394. Hours of gaming for existing licences 395. Closure of charities and rehabilitation benefit fund 396. Saving of appointments of members of Gaming Machine Community Benefit Committee 397. Applications of significant community impact 398. Application of guidelines to existing applications Division 5--Provisions for Gaming Machine Amendment Act 2001 399. Transitional provision for applications relating to gaming machine licences 400. What happens to an application if made after 8 May 2001 401. First month for which the major facilities levy is payable Division 6--Subsequent provisions for Gaming Machine Amendment Act 2001 402. Provision for applications for which a date has been fixed under s 399(7) 403. Transitional provision for applications continued under Liquor Act 1992 for removal of licences under Liquor Act 1912, s 49A Division 7--Transitional provisions for Gambling Legislation Amendment Act 2002 404. Definition for div 7 405. Application of particular provisions to licensed major dealer and secondary dealer 406. Dealing with existing applications Division 9--Provisions for Gambling Legislation Amendment Act 2004 428. Definitions for div 9 429. Dealing with notice to show cause 430. Transitional provision about immediate suspension of licence 431. Direction to rectify under pre-amended Act 432. Appeals to commission 433. Continuation of obligation under pre-amended Act, s 261 434. Members of category 2 licensee's management committee or board Division 10--Provisions for Gambling Legislation Amendment Act 2005 435. Definitions for div 10 436. Application for gaming machine licence 437. Application for gaming nominee's licence 438. Obligation of licensee 439. Obligation of licensed gaming nominee 440. Inspectors 441. Audit program for inspectors Division 11--Provisions for Revenue Legislation Amendment Act 2005 442. Dealing with major facilities levy amount 443. When health services levy is payable Division 12--Provisions for Revenue and Other Legislation Amendment Act (No. 2) 2007 444. When gaming machine licence lapses—s 80A 445. When approval lapses—s 85AA Division 13--Provision for Gambling Legislation Amendment Act 2008 446. Application for gaming machine licence—s 56 Division 14--Provisions for Gambling and Other Legislation Amendment Act 2009 447. Definitions for div 14 448. Allocation of entitlements on commencement day 449. Allocation of entitlements after commencement day 450. Replacement of gaming machine licence 451. Information for replacement gaming machine licence 452. Transfer of entitlements allocated under s 448 or 449 453. Application of s 80A to category 2 licences granted between 16 April 2008 and commencement day 454. Application of s 85AA if approval under s 83 granted between 16 April 2008 and commencement 455. Requirements about transferor licensed premises—s 109T 456. Protection from liability 457. Transitional provision for s 189A 458. Extension of transitional arrangement for s 189A Division 15--Transitional provision for Liquor and Other Legislation Amendment Act 2010 459. References to commission by its former name SCHEDULE 1 -- REVIEWABLE DECISIONS SCHEDULE 2 -- DICTIONARY Endnotes - LONG TITLE An Act to provide for the regulation and control of gaming machines and for connected purposes 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 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 chief executive 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. 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. 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. 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— [../images/GamingMachA91-4.gif] 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. 15 Establishment of commission (1) The entity previously established as the Queensland Machine Gaming Commission and continued in existence under this Act under the name Queensland Gaming Commission is continued in existence under the name Queensland Liquor and Gaming Commission. (2) The commission— (a) is a body corporate with perpetual succession; and (b) represents the Crown; and (c) is to have an official seal. (3) The official seal of the commission is to be kept in such custody as the commission directs and must not be used except as authorised by the commission. (4) All courts, judges and persons acting judicially must take judicial notice of the imprint of the official seal of the commission appearing on a document and are to presume that it was properly affixed. 16 Functions of commission The functions of the commission are such— (a) as are conferred upon the commission under this and other Acts; and (b) as are otherwise conferred upon the commission by the Minister. 17 Powers of commission (1) The commission may do all things necessary or convenient to be done for or in connection with the performance of its functions or exercise of its powers under this or another Act. (2) The commission may issue guidelines. (3) Without limiting subsection (2), a guideline may give guidance about— (a) the attitude the commission is likely to adopt on a particular issue; or (b) how an applicant for a licence, authorisation or approval should deal with issues involved in the proper formulation of the application or supporting material related to the application. Examples of subsection (3)— 1 The commission might issue a guideline stating its attitude to gaming machines in shopping centres. 2 The commission might issue a guideline stating how it is likely to decide questions about the location of gaming machines in licensed premises or the proximity of gaming machines to automatic teller machines. 3 The commission might issue a guideline setting out the matters that should be dealt with in a community impact statement accompanying an application. (4) A guideline may be replaced or varied by a later guideline issued under this section. (5) The chief executive must keep copies of a guideline issued under this section available for inspection and permit a person— (a) to inspect the guideline without fee; and (b) to take extracts from the guideline without fee. (6) Also, the chief executive must keep copies of the guideline available for supply to persons and permit a person to obtain a copy of the guideline, or a part of the guideline, without fee. (7) For subsection (5)— (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 chief executive 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. (8) The commission may on its own initiative, and must if asked by the Minister, provide the Minister with advice on— (a) the operation of this Act, any other gaming Act that assigns functions to the commission; 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 commission. 18 Commissioners (1) The commission is to consist of at least 5, but not more than 7, commissioners who are to be appointed by the Governor in Council on the recommendation of the Minister. (2) The Governor in Council is to appoint a commissioner to be the chairperson. (3) In recommending appointments to the commission, the Minister must ensure that knowledge and experience in the following fields is available to the commission through the commissioners— (a) the gaming industry; (b) accountancy; (c) the provision of social welfare services to the community. (4) At least 1 member of the commission must be a legal practitioner practising law in Queensland. (5) All commissioners hold office on a part-time basis. (6) Commissioners are to be of good repute, having regard to character, honesty and integrity. (7) The Minister is to cause due inquiry to be made before a person is appointed under this section to be, or appointed under section 24 to act as, a commissioner in order to be satisfied that the person is of good repute. (8) Anything done by or in relation to a person purporting to be a commissioner appointed under this section is not invalid merely because— (a) there was a defect or irregularity in connection with the person's appointment as a commissioner; or (b) the appointment had ceased to have effect. 19 Tenure of office (1) A commissioner— (a) is appointed with effect from the day specified for the purpose by the Governor in Council; and (b) holds office, subject to this Act, for such term (not longer than 3 years) as is specified by the Governor in Council. (2) If a commissioner ceases to hold office before the end of the term of appointment, another person may be appointed in the commissioner's place until the end of the term. 20 Leave of absence (1) The Minister may grant leave of absence to the chairperson on such terms and conditions as the Minister considers appropriate. (2) The chairperson may grant leave of absence to another commissioner on such terms and conditions as the chairperson considers appropriate. 21 Register and disclosure of interests (1) The Minister is to maintain— (a) a register of the pecuniary interests of each commissioner had by the commissioner at the time of appointment as a commissioner or acquired during the term of appointment as a commissioner; and (b) a record of personal or political associations had by each commissioner that might influence the commissioner in the performance of functions as a commissioner. (2) Each commissioner must furnish to the Minister— (a) a summary in writing of pecuniary interests had by the commissioner at the time of appointment as a commissioner; and (b) advice in writing of associations referred to in subsection (1) (b) had by the commissioner at the time of appointment as a commissioner; and (c) within 30 days following any substantial change in the interests referred to in paragraph (a), or a change in the associations referred to in paragraph (b), information in writing of the change. (3) The register and record maintained under subsection (1) is to be updated at least once in every period of 1 year of a commissioner's term of office. (4) A commissioner who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the commission (whether at a meeting or otherwise) must, as soon as possible after the relevant facts have come to the commissioner's knowledge, disclose the nature of the interest at a meeting of the commission. (5) A disclosure under subsection (4) is to be recorded in the minutes of the commission and, unless the Minister or the commission otherwise determines, the commissioner must not— (a) be present during any deliberation of the commission in relation to the matter; or (b) take part in any decision of the commission in relation to the matter. (6) For the purpose of the making of a determination by the commission under subsection (5) in relation to a commissioner who has made a disclosure under subsection (4), a commissioner who has a direct or indirect pecuniary interest in the matter to which the disclosure relates must not— (a) be present during any deliberation of the commission for the purpose of making the determination; or (b) take part in the making of the determination by the commission. 22 Termination of appointment of commissioners (1) A commissioner ceases to hold office as a commissioner if the commissioner— (a) dies; or (b) resigns the commissioner's office by instrument in writing signed by the commissioner and given to the Minister; or (d) being the chairperson—is absent, except with the leave of the Minister, from 3 consecutive meetings of the commission; or (e) being a commissioner other than the chairperson, is absent, except with the leave of the chairperson, from 3 consecutive meetings of the commission; or (f) is convicted of an offence against this Act or another Act that confers powers on the commission; or (g) is convicted of an indictable offence punishable by imprisonment for 1 year or more (irrespective of whether the offence is also punishable by a fine in addition, or as an alternative, to imprisonment); or (h) is removed from office by the Governor in Council under subsection (2). (2) The Governor in Council— (a) may remove a commissioner from office if the commissioner— (i) without reasonable excuse contravenes section 21; or (ii) fails to discharge the commissioner's financial commitments, becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or (iii) becomes mentally or physically incapable of satisfactorily performing the commissioner's duties; and (b) must remove a commissioner from office if the Governor in Council determines the commissioner is not a fit and proper person to be a commissioner. (3) The office of the chairperson becomes vacant if the chairperson ceases to hold office as a commissioner. 23 Terms and conditions of appointment of commissioners (1) Each commissioner is entitled to such remuneration as is approved by the Governor in Council— (a) for the time being, for the performance of the ordinary functions under this Act of a commissioner, or where the commissioner is the chairperson, the performance of the ordinary functions under this Act of the chairperson; and (b) in each case, for services of a commissioner in addition to the ordinary functions under this Act of the commissioner, or where the commissioner is the chairperson, for services of the chairperson in addition to the ordinary functions under this Act of the chairperson. (2) Each commissioner is entitled to such allowances for reasonable travelling expenses as are approved for the time being by the Governor in Council. (3) A commissioner holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, in writing, by the Minister. 24 Acting appointments (1) The Minister may, by instrument in writing, appoint a commissioner to act as the chairperson— (a) during a vacancy in the office of the chairperson; or (b) during any period, or during all periods, when the chairperson— (i) has been granted leave of absence by the Minister; or (ii) is, for any reason, unable to attend meetings of the commission, or otherwise perform the functions under this Act of the office. (2) The Minister may, by instrument in writing, appoint a person to act as a commissioner other than the chairperson— (a) during a vacancy in the office of such a commissioner; or (b) during any period, or during all periods, when such a commissioner— (i) is acting as the chairperson; or (ii) has been granted leave of absence by the chairperson; or (iii) is, for any reason, unable to attend meetings of the commission, or otherwise perform the functions under this Act of the office. 25 Meetings (1) The commission is to hold such meetings as are necessary for the efficient performance of its functions. (2) Subject to subsection (3), meetings of the commission are to be held— (a) at such times, places and intervals as are prescribed; and (b) at such other times and places as the commission determines. (3) The chairperson may at any time convene a meeting of the commission. (4) The chairperson is to preside at all meetings of the commission. (5) A quorum for a meeting of the commission is— (a) if the commission consists of 5 commissioners—the chairperson and 2 other commissioners; or (b) if the commission consists of more than 5 commissioners—the chairperson and 3 other commissioners. (6) At a meeting of the commission— (a) a question is to be decided by a majority of the votes of the commissioners present and voting; and (b) the chairperson has a deliberative vote and, in the event of an equality of votes, also has a casting vote. (7) The commission is to keep minutes of its proceedings. (8) The proceedings of the commission are not open to the public and any person other than a commissioner may be excluded from the proceedings by order of the chairperson. 26 Resources (1) The chief executive must— (a) remunerate each commissioner as provided in section 23; and (b) make available to the commission (to the satisfaction of the Minister) sufficient— (i) administrative services; and (ii) funds for expenses incurred in the normal conduct of meetings of the commission; as are necessary for the commission to perform its functions under section 16 and exercise its powers under section 17. (2) The chief executive must maintain accounts of the remuneration and expenditure referred to in subsection (1). 27 Annual report (1) As soon as may be convenient after 30 June in each year, the commission must furnish to the Minister a report on the commission and its operations during the year ended on that day. (2) The Minister must lay the report before the Legislative Assembly within 14 sitting days of receipt of the report. 28 Decisions or determinations of commission (1) A regulation may— (a) rescind a decision or determination of the commission; and (b) give the commission directions about the rescission. (2) A commission decision or determination that is rescinded is void as from the time stated in the regulation. (3) No right of action arises against the Crown or any person because of the rescission. (4) Subject to section 29A(1), a decision or determination of the commission has effect from the making of the decision or determination or from such other time as is specified by the commission for the purpose. 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 commission 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 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 chief executive stated in schedule 1, part 3 may apply, as provided under the QCAT Act, to the tribunal for a review of the decision. (3) An applicant for a supplier's licence may apply, as provided under the QCAT Act, to the tribunal for a review of the commission's decision under section 122 to refuse to grant the application for the licence. (4) A licensed supplier may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the commission stated in schedule 1, part 4. (5) 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 5. (6) A person who is or was an applicant for, or a holder of, a licence under this Act may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive stated in schedule 1, part 2. (7) 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. (8) A person who seeks the chief executive'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 chief executive refusing to give the approval. (9) A person who submits a gaming machine type or game to the chief executive under section 281 for evaluation may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive rejecting the gaming machine type or game. (10) 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. (11) Each of the following persons may apply, as provided under the QCAT Act, to the tribunal for a review of the decision stated for the person— (a) a person whose application for an approval under part 10A is not granted under section 337D(1); (b) a person whose application for renewal of an approval under part 10A is not granted under section 337H(1); (c) a person whose approval under part 10A is cancelled under section 337N(3). 30 Effect of reconsidering a decision after application to QCAT (1) This section applies if the chief executive, commission 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. 31 Tribunal to decide review on evidence before the chief executive or commission (1) In a proceeding for a review by the tribunal of a decision of the chief executive or commission, the tribunal must— (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive or commission 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 chief executive or commission 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 chief executive or commission (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 chief executive 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 chief executive. (3) In this section— new evidence means evidence that was not before the chief executive 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. 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 chief executive may investigate the person for the purpose of finding out whether the person is of good repute. (3) At any time the chief executive may cause to be undertaken such investigations as the chief executive 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 chief executive 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 chief executive considers is necessary. (5) The officer must comply with the chief executive'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 chief executive; or (b) an appropriately qualified inspector or an appropriately qualified officer of the department. (1A) The Minister may delegate the following to the chief executive— (a) the Minister's power under section 24(1) to appoint a commissioner to act as chairperson of the commission; (b) the Minister's power under section 322(6) to cause amounts to be paid out of the gambling community benefit fund for the benefit of the community. (2) The commission may delegate the commission's designated powers to— (a) the chief executive; or (b) an appropriately qualified inspector or an appropriately qualified officer of the department. (3) The chief executive may delegate the chief executive's powers under this Act to an appropriately qualified inspector or an appropriately qualified officer of the department. (4) 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 commission, means the powers of the commission under this Act, other than sections 97(16) and (17), 98, 147 and 336. 53 Criminal history reports (1) This section applies in relation to an inquiry about a person under section 18(7) or the investigation of a person for sections 49(2) and (3), 57(2)(a), 93 (1), 136, 200(2)(a) and 212. (2) If the chief executive asks the commissioner of the police service for a written report on the person's criminal history, the commissioner must give the report to the chief executive. (3) The report must contain— (a) relevant information in the commissioner's possession; and (b) relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and (c) other relevant information to which the commissioner has access. 53A Commissioner of police service to notify changes in criminal history (1) This section applies if— (a) the chief executive gives the commissioner of the police service the name of a relevant person for this section; and (b) the commissioner reasonably suspects a person who is charged with an offence is the relevant person. (2) The commissioner of the police service must notify the chief executive 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 chief executive may confirm the suspicions of the commissioner of the police service 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, a commissioner must not disclose confidential information gained by the person or commission 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 chief executive approves the disclosure under this section. (7) The chief executive 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 chief executive must— (a) give written notice of the proposed approval to each person whom the chief executive 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 chief executive, 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 Chief executive may issue guidelines (1) The chief executive may issue guidelines to inform persons about— (a) the attitude the chief executive is likely to adopt on a particular matter; or (b) how the chief executive administers this Act. Example 1— The chief executive might issue a guideline stating how the chief executive decides applications for a decrease under section 86 for category 1 licensed premises. Example 2— The chief executive might issue a guideline about dealing with operating authorities under this Act. (2) The chief executive must keep copies of the guidelines available for inspection, free of charge, by members of the public at— (a) the department's head office and regional offices; and (b) other places the chief executive considers appropriate. (3) Also, the chief executive must, if asked by a person, give the person a copy of a guideline, or an extract from a guideline, free of charge. 54B Chief executive may make standard (1) The chief executive 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. 54C Notice and availability of standard (1) The chief executive must, as soon as practicable after making a standard under section 54B(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 chief executive given to the licensees or members of the class of licensees. (4) The notice may be given in electronic form. (5) The chief executive 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 chief executive considers appropriate. (6) Also, the chief executive must publish each standard, as in force from time to time, on the department's website on the internet. 55 Gaming lawful and does not constitute nuisance (1) Despite any other Act or law— (a) the commission may, having regard to any recommendation of the chief executive and to such other information or material as the commission considers is 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 other information or material the commission may have regard to includes— (a) information or material about social and community issues; and (b) relevant guidelines issued by the commission under section 17. (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. 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 chief executive designates, by written notice to the applicant, as an application of significant community impact. (2) The chief executive must make available for inspection, in the office of the department at Brisbane, a list of all applications currently before the chief executive that are of significant community impact. (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 responsible 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 responsible gambling initiatives for the licensed premises or proposed licensed premises. (2) The purpose of a community impact statement is to help the commission assess the social and economic implications of the grant of the application. (3) The purpose of the statement of responsible gambling initiatives is to help the commission assess the adequacy of the applicant's approach to encouraging responsible gambling. (4) In preparing a community impact statement or a statement of responsible gambling initiatives, the applicant must have regard to relevant guidelines issued by the commission. (5) A community impact statement and a statement of responsible 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) in a form, and on days, approved by the chief executive generally or in a particular case, publish notice of the application, at the applicant's expense— (i) once in the gazette; and (ii) twice in a newspaper circulating in the locality; and (b) 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 chief executive, generally or in a particular case; and (c) 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 chief executive and the liquor licensing authority 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 chief executive 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 chief executive 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, child care centre, 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 commission may disregard comments on subjects that lie beyond a scope indicated in the commission's guidelines. Examples of subsection (2)— 1 The commission's guidelines might exclude comments based on the morality of gambling or the commentator's personal views about gambling. 2 The commission's guidelines might exclude comments of a kind that might be more appropriately considered and dealt with under the Liquor Act 1992. 3 The commission'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 chief executive'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 chief executive 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 Chief executive's power to invite representations The chief executive 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 chief executive's opinion, a proper interest in the matter. Example of paragraph (b)— The chief executive might invite representations on the application from the local member of the Legislative Assembly. 55G Waiver or variation of requirement of this division The chief executive may waive or vary a requirement under this division if the chief executive 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. 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 commission 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 commission 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 state the full name, address and date of birth— (i) in the case of an application by an individual—of the applicant; or (ii) in the case of an application by a body corporate—of the secretary and each executive officer of the body corporate; and (e) in the case of an application by a body corporate—must be accompanied by— (i) a copy of the certificate of incorporation of the body corporate; and (ii) a copy of the memorandum and articles of association, rules, constitution or other incorporating documents of the body corporate in force at the time of making the application certified as a true copy by the secretary of the body corporate or other person properly authorised in that behalf by the body corporate; and (iii) unless the body corporate is a company that has only 1 director—a copy of the resolution or minute of the proceedings of the governing body of the body corporate by which approval was given to the making of the application, certified as a true copy by the person certifying the copy of the matters referred to in subparagraph (ii); and (iv) a copy of the last audited balance sheet or statement of the financial affairs of the body corporate; and (f) in the case of an application by a club—must also be accompanied by— (i) a statement detailing the number of members in each class of membership of the club; and (ii) a statement detailing the hours and days when the club's premises are open for the sale of liquor; and (iii) a statutory declaration by the principal executive officer of the club that the matters referred to in paragraph (e)(ii) or any other applicable rules or by-laws of the club— (A) have been complied with in making the application; and (B) do not prohibit the playing of gaming machines on the premises to which the application relates; and (g) must be accompanied by the liquor licence, application for a liquor licence or liquor licence transfer application, relating to the premises specified in the application for the grant of the gaming machine licence; and (h) must be accompanied by a plan of the premises to which the application relates indicating the proposed locations on the premises where it is intended to install gaming machines; and (i) must specify full particulars of the ownership and any intended ownership of the premises; and (j) must specify— (i) the number of gaming machines for which the licence is sought; and (ii) if the application relates to 2 or more premises—the number of gaming machines sought for each of the premises; and (k) must specify— (i) the hours of gaming for which the licence is sought; and (ii) if the application relates to 2 or more premises—the hours of gaming sought for each of the premises; and (l) must be accompanied by an affidavit under section 92; and (m) must be accompanied by a compliance program document for the licence; and (n) for an application by an individual who is not required under this Act to have a nominee for the licensed premises under the licence—must be accompanied by evidence that the chief executive considers on reasonable grounds shows the applicant— (i) has successfully completed an approved training course; or (ii) has made appropriate arrangements to complete an approved training course; and (o) must contain or be accompanied by such other information, records, reports, documents and writings relating to the application and applicant as are determined by the chief executive; and (p) must be forwarded to or lodged with the chief executive; and (q) 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 relevant chief executive, 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 relevant chief executive, 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 chief executive 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 chief executive 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 chief executive 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 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. (3) In this section— local community area has the meaning given by the guideline named 'Guidelines—Community Impact Statement' issued by the commission under section 17 of the Act. local community area, for the old premises, means the area that would, under a community impact statement prepared under section 55B, be the local community area for the old premises if an application were being made in relation to the old premises. 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 chief executive 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 chief executive 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— (i) in the same entitlement 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 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. (4) In this section— local community area has the meaning given by the guideline named 'Guidelines—Community Impact Statement' issued by the commission under section 17. relevant local community area, for the old premises, means the area that would, under a community impact statement prepared under section 55B, be the local community area for the old premises if an application were being made in relation to the old premises. 57 Recommendation by chief executive about application for gaming machine licence (1) The chief executive must— (a) consider an application for a gaming machine licence received by the chief executive; and (b) after considering the application—make a recommendation to the commission that a gaming machine licence be granted or refused. (2) In considering the application, the chief executive— (a) must conduct investigations the chief executive considers are necessary and reasonable to help the chief executive make a recommendation; 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 chief executive further information or a document that is necessary and reasonable to help the chief executive make a recommendation. (3) Also, in considering the application, the chief executive 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 subsection (4)(a) or (b) of that section—the suitability of the person to be an associate of the applicant; and (f) if the chief executive 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 chief executive 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 chief executive 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 chief executive 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 chief executive may, with the applicant's agreement, cause the applicant's fingerprints to be taken. (5) Despite subsection (1)(a), if the applicant is an individual, the chief executive is required to consider the application only if the applicant, if asked, agrees to having the applicant's fingerprints taken. (6) If the chief executive 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 chief executive must— (a) by written notice, advise the applicant accordingly; and (b) return the plan to the applicant; and (c) either— (i) ask the applicant to amend, or further amend, and resubmit the plan within the time stated in the notice; or (ii) inform the applicant that the chief executive proposes to recommend that a gaming machine licence be refused on the ground that gaming machines can not be appropriately located in the subject premises. (7) In making a recommendation, the chief executive must have regard to— (a) any supporting material for the application; and (b) any relevant guideline issued by the commission under section 17. (8) The chief executive must recommend that a gaming machine licence be refused if— (a) for an application by an individual— (i) the applicant is not 18; or (ii) the applicant's fingerprints have not been taken under subsection (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; or (c) the chief executive 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 chief executive under subsection (6)(c) without a reasonable excuse. (9) The chief executive may recommend that a gaming machine licence be refused if the applicant, or an associate of the applicant, fails to comply with a requirement of the chief executive under subsection (2)(b) without a reasonable excuse. (10) If the chief executive recommends the grant of a gaming machine licence, the chief executive must advise the commission on— (a) the number of gaming machines the chief executive considers are appropriate for the subject premises, or each of the subject premises; and (b) the hours of gaming the chief executive considers are appropriate for the subject premises, or each of the subject premises; and Editor's note— Section 60 sets out the matters to which the chief executive must, or may, have regard in giving advice for section 57(10). (c) for an application mentioned in section 56A— (i) whether the chief executive recommends the transfer of any of the applicant's operating authorities mentioned in the application; and (ii) if the chief executive recommends the transfer, the number of the applicant's operating authorities the chief executive considers appropriate to be transferred. (10AA) The chief executive must not recommend the transfer, under subsection (10)(c)(ii), of a number of operating authorities that is more than the number of gaming machines the chief executive considers appropriate for the premises to which the application relates. (10A) A recommendation to grant a gaming machine licence may be subject to the reasonable conditions the chief executive considers appropriate having regard to— (a) the nature or character of the subject premises; or (b) the general use of the premises or the enjoyment of persons using the premises; or (c) the public interest. (11) If the commission has, for an application for a gaming machine licence, delegated its powers to decide the application to the chief executive, the chief executive— (a) is not required to make a recommendation about the application under this section, or give advice under subsection (9); but (b) must take the action mentioned in subsection (2)(a) and (3) and, if appropriate, subsection (6), and may take the action mentioned in subsection (4), as if the chief executive were dealing with the application for making a recommendation under this section. 58 Decision on application for gaming machine licence (1) Before making a decision to grant, or to refuse to grant, a gaming machine licence, the commission may, by written notice given to the applicant for the licence or an associate of the applicant, require the applicant or associate, within a reasonable time stated in the notice, to give the commission further information or a document that is necessary and reasonable to help the commission make the decision. (2) In making its decision, the commission 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 in response to an invitation under section 55F. (3) The commission may refuse to grant a gaming machine licence if— (a) the applicant, without a reasonable excuse, fails to comply with— (i) a requirement of the chief executive under section 57 (2)(b); or (ii) a requirement of the commission under subsection (1); or (b) an associate of the applicant, without a reasonable excuse, fails to comply with— (i) a requirement of the chief executive under section 57 (2)(b); or (ii) a requirement of the commission under subsection (1). (4) For an application by a club, the commission must refuse to grant a gaming machine licence if the commission 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. (5) Despite subsection (4)(a), the commission may grant a gaming machine licence to a club if the commission 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. (6) For subsection (4)(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. (7) If the commission 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). (8) If, for an application by an individual, the commission refuses to grant a gaming machine licence, the chief executive must have any fingerprints of the applicant taken for the application destroyed as soon as practicable. (9) If the commission grants a gaming machine licence, the chief executive must immediately give written notice of the decision to the applicant. (9A) If the commission decides to impose, under section 73(1)(b), a condition on the licence, the chief executive must immediately give the applicant an information notice for the decision. (10) If the commission refuses to grant a gaming machine licence, the chief executive must immediately give the applicant an information notice for the decision. (11) 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 commission decides to grant a gaming machine licence. (2) The commission 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 chief executive 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 chief executive 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 chief executive 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 chief executive 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 chief executive 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 chief executive 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— (a) the chief executive is to give advice on the number of gaming machines to be installed in, or the hours of gaming for, premises; and Editor's note— See section 57(10) (Recommendation by chief executive about application for gaming machine licence). (b) the commission is to decide the number of gaming machines to be installed in, or the hours of gaming for, premises. Editor's note— See section 59. (2) The chief executive and the commission 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 relevant representations made to the commission 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 chief executive and the commission 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 chief executive and the commission 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 chief executive or the commission considers relevant. (4) If the gaming machine licence is to relate to single premises only, the number of gaming machines recommended or 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— (a) the number of gaming machines recommended or fixed for particular premises must not be greater than the number sought in the application for the premises; and (b) the total number of gaming machines recommended or fixed for both or all the premises must not be greater than the maximum number prescribed under a regulation for category 2 licensed premises. (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. 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 chief executive; 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 required material for the application; and (ii) any fee prescribed under a regulation for the application. (4) For subsection (3)(c), the application is signed in the appropriate way— (a) if it is signed by at least 2 executive officers of the applicant authorised to sign by the applicant; or (b) if the chief executive considers that paragraph (a) can not reasonably be complied with—if it is signed in the way the chief executive considers appropriate. (5) For subsection (3)(g)(i), the required material for the application is— (a) a copy of the resolution or minute of the proceedings of the governing body of the applicant by which approval was given to the making of the application, certified as a true copy by the secretary of the applicant or another person authorised to certify by the applicant; and (b) a statement stating— (i) the number of members in each class of membership of the applicant; and (ii) the hours and days when the additional premises are, or are intended to be, open for the sale of liquor; and (c) a statutory declaration by the principal executive officer of the applicant that the rules or by-laws of the applicant— (i) have been complied with in making the application; and (ii) do not prohibit the playing of gaming machines on the additional premises; and (d) one of the following— (i) evidence, satisfactory to the chief executive, that the applicant is the holder of a community club licence for the additional premises; (ii) a copy of an application for a community club licence for the additional premises made by the applicant; and (e) a plan of the additional premises showing the proposed locations for gaming machines intended to be installed on the premises; and (f) an affidavit under section 92; and (g) any other documents the chief executive considers necessary and reasonable to enable the application to be decided. 62 Recommendation by chief executive about additional premises application (1) The chief executive must— (a) consider an additional premises application received by the chief executive; and (b) after considering the application—make a recommendation to the commission that approval of the additional premises, as premises to which the applicant's gaming machine licence relates, be given or refused. (2) In considering the application, the chief executive— (a) must conduct investigations the chief executive considers are necessary and reasonable to help the chief executive make a recommendation; 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 chief executive further information or a document that is necessary and reasonable to help the chief executive make a recommendation. (3) Also, in considering the application, the chief executive must assess— (a) the suitability of the additional premises for the installation and use of gaming machines, having regard to the size and layout of, and facilities on, the premises; and (b) the financial stability and business reputation of the applicant; and (c) the general reputation and character of the secretary and each executive officer of the applicant; and (d) if a person is stated in an affidavit under section 92 as being a person who satisfies a description mentioned in subsection (4)(a) or (b) of that section—the suitability of the person to be an associate of the applicant; and (e) if the chief executive considers it appropriate—the suitability of any other associate of the applicant to be an associate of the applicant. (4) If the chief executive considers a proposed location for the installation of gaming machines (as shown on the plan of the additional premises accompanying the application, or that plan as amended and resubmitted, or as last amended and resubmitted, under this subsection) is unsuitable, the chief executive 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. (5) In making a recommendation, the chief executive must have regard to— (a) any supporting material for the application; and (b) any relevant community comments on the application. (6) The chief executive must recommend that approval be refused if— (a) the chief executive considers the installation and use of gaming machines on the additional 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 (b) the applicant fails to comply with a request of the chief executive under subsection (4)(c) without a reasonable excuse. (7) The chief executive may recommend that approval be refused if the applicant, or an associate of the applicant, fails to comply with a requirement of the chief executive under subsection (2)(b) without reasonable excuse. (8) If the chief executive recommends that approval of the additional premises be given, the chief executive must advise the commission on— (a) the number of gaming machines the chief executive considers are appropriate for the premises; and (b) the hours of gaming the chief executive considers are appropriate for the premises. (9) For giving advice for subsection (8), the chief executive— (a) must have regard to the number of gaming machines, and the hours of gaming, sought in the application for the additional premises; and (b) must have regard to any supporting materials for the application; and (c) must have regard to any relevant community comments on the application; and (d) may have regard to the matters, in relation to the additional premises, to which the chief executive is authorised to have regard in giving corresponding advice for an application for a gaming machine licence. Editor's note— See section 60(3) (Basis on which number of gaming machines to be installed in premises and hours of gaming are to be decided). (9A) A recommendation that approval of the additional premises be given may be subject to the reasonable conditions the chief executive considers appropriate having regard to— (a) the nature or character of the additional premises; or (b) the general use of the premises or the enjoyment of persons using the premises; or (c) the public interest. (10) If the commission has, in relation to an additional premises application, delegated its powers to decide the application to the chief executive, the chief executive— (a) is not required to make a recommendation about the application under this section, or give advice under subsection (8); but (b) must take the action mentioned in subsection (2)(a) and (3) and, if appropriate, subsection (4), as if the chief executive were dealing with the application for making a recommendation under this section. 63 Decision on additional premises application (1) The commission may, in relation to an additional premises application, approve or refuse to approve the additional premises as premises to which the applicant's gaming machine licence relates. (2) Before making its decision, the commission 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 commission further information or a document that is necessary and reasonable to help the commission make the decision. (3) In making its decision, the commission— (a) must have regard to any recommendation of the chief executive about the application; and (b) must have regard to any supporting material for the application; and (ba) must have regard to any relevant community comments on the application; and (c) may have regard to the benefits to be offered to members of the applicant at the additional premises and, in particular, whether the benefits are distinct in nature to the benefits offered to the members at the applicant's existing licensed premises (the existing premises); and (d) may have regard to any other issues the commission considers relevant. (4) The commission may approve the additional premises only if— (a) the additional premises are near the existing premises; and (b) the commission is satisfied that— (i) it is in the best interests of the applicant's members that the approval be given; and (ii) the giving of the approval is not contrary to the public interest. (5) The commission may refuse to approve the additional premises if— (a) the applicant, without a reasonable excuse, fails to comply with— (i) a requirement of the chief executive under section 62 (2)(b); or (ii) a requirement of the commission under subsection (2); or (b) an associate of the applicant, without a reasonable excuse, fails to comply with— (i) a requirement of the chief executive under section 62 (2)(b); or (ii) a requirement of the commission under subsection (2). (6) If the commission approves the additional premises, the chief executive must immediately give written notice of the decision to the applicant. (7) If the commission refuses to approve the additional premises, the chief executive must immediately give the applicant an information notice for the decision. 64 Fixing number of gaming machines and hours of gaming for additional premises (1) This section applies if the commission decides to approve additional premises as premises to which the applicant's gaming machine licence (the existing licence) relates. (2) The commission must— (a) fix the number of gaming machines that may be installed on the additional premises; and (b) fix the hours of gaming for the additional premises. (3) In fixing the number of gaming machines, and the hours of gaming for additional premises, the commission— (a) must have regard to the number of gaming machines, and the hours of gaming, sought in the additional premises application; and (b) must have regard to any supporting materials for the application; and (c) must have regard to any relevant community comments on the application; and (d) may have regard to the matters, in relation to the additional premises, to which the commission is authorised to have regard in making a corresponding decision on an application for a gaming machine licence. Editor's note— See section 60(3) (Basis on which number of gaming machines to be installed in premises and hours of gaming are to be decided). (4) The number of gaming machines fixed under subsection (2)— (a) must not be greater than the number sought in the application; and (b) must be a number that, when added to the approved number, or total approved number, of gaming machines for the existing premises, does not result in a total number of gaming machines that is greater than the maximum number prescribed under a regulation for category 2 licensed premises. (5) If the number of gaming machines and the hours of gaming fixed for the additional premises are as sought in the additional premises application, the chief executive must immediately give written notice of the decision to the applicant. (6) If the number of gaming machines and the hours of gaming fixed for the additional premises are not as sought in the additional premises application, the chief executive must immediately give the applicant an information notice for the decision. 65 Application of gaming machine licence to additional premises (1) This section applies if the commission decides to approve additional premises as premises to which the applicant's existing licence relates. (2) On return of the existing licence to the chief executive, the chief executive must— (a) amend the licence to cover the additional premises and return the amended licence to the licensee; or (b) if the chief executive does not consider it practicable to amend the licence—issue a replacement gaming machine licence, incorporating the additional premises, to the licensee. (3) On action being taken by the chief executive under subsection (2)— (a) the gaming machine licence relates to the additional premises for the number of gaming machines decided by the commission for the premises; and (b) the gaming machine areas for the additional premises are the locations on the premises shown on— (i) the plan of the additional premises that accompanied the additional premises application; or (ii) the plan mentioned in subparagraph (i), as amended and resubmitted, or as last amended and resubmitted, under section 62(4); and (c) the gaming machine licence continues to have effect in relation to the existing premises in the way the licence had effect in relation to the premises immediately before the action was taken. 66 Changes in circumstances of applicants for gaming machine licences and licensees generally (1) If a person applies for a licence under this part and, before the application is granted or refused, a change happens in any information contained in, or accompanying, the application or in a notice given under this subsection, the applicant must, within 7 days of the change, give the chief executive written notice of the change. Maximum penalty—100 penalty units. (2) If, after the grant of a licence under this part, an event mentioned in subsection (3) happens, the holder of the licence must, within 7 days of the event happening, give the chief executive written notice of the event. Maximum penalty—100 penalty units. (3) The events required to be notified by the holder of the licence are— (a) the holder of the licence changes name or address; or (b) the holder of the licence— (i) is convicted of an offence against this Act; or (ii) if the holder is an individual—fails to discharge the holder's financial commitments, becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws about bankruptcy; or (iii) if the holder is a body corporate—is affected by control action under the Corporations Act; or (iv) is convicted of an indictable offence punishable by imprisonment for at least 1 year (irrespective of whether the offence is also punishable by a fine in addition, or as an alternative, to imprisonment). 67 Changes in circumstances of category 2 licensees (1) This section applies to a category 2 licensee, in relation to the category 2 licensed premises, if— (a) a lease, agreement or arrangement made by the licensee about the premises was in existence at the relevant time; and (b) the lease, agreement or arrangement— (i) provided for payments for the rental or lease of the premises; or (ii) provided that a person was entitled to receive, or may receive, a payment of another kind, or a benefit or advantage; and (c) the licensee intends to materially change a provision mentioned in paragraph (b). (2) This section also applies to a category 2 licensee, in relation to the category 2 licensed premises, if the licensee intends— (a) to enter into a management agreement for the licensee's business or operations; or (b) to change a management agreement for the licensee's business or operations into which the licensee has entered. (3) The licensee must, at least 28 days before the proposed material change happens, or the licensee enters into the proposed management agreement or changes the management agreement, give to the chief executive a written notice including full details of the proposed material change, management agreement or change to the management agreement. Maximum penalty—100 penalty units. (4) For subsection (1)(a), the relevant time, for the category 2 licensee, is— (a) the time the licensee became the licensee of the category 2 licensed premises; or (b) if appropriate, the time the gaming machine licence held by the licensee for the premises was renewed, or last renewed. (5) For subsection (1)(c), a licensee intends to materially change the lease, agreement or arrangement mentioned in the subsection if— (a) if subsection (1)(b)(i) applies— (i) the proposed change will likely affect the amount or frequency of the payments or the period for which the payments are required to be made; or (ii) the person entitled to receive the payments will likely change; or (b) if subsection (1)(b)(ii) applies— (i) the proposed change will likely affect the amount of the payment, or the nature or extent of the benefit or advantage; or (ii) the person entitled to receive, or who may receive, the payment, benefit or advantage will likely change. (6) The licensee must, within 7 days after the material change happens, or the licensee enters into the management agreement or changes the management agreement, give to the chief executive a written notice including full details of the material change, management agreement or change to the management agreement. Maximum penalty—100 penalty units. (7) In this section— management agreement, for a licensee's business or operations, means an agreement or arrangement made by the licensee about the management of the licensee's business or operations, other than an agreement or arrangement— (a) made by the licensee with an individual who— (i) is not a party to an agreement or arrangement about the management of another licensee's business or operations; or (ii) is not an associate of a person who is a party to an agreement or arrangement about the management of another licensee's business or operations; and (b) for which the licensee is required, under the Taxation Administration Act 1953 (Cwlth), schedule 1, part 2-5, division 12, subdivision 12-B, section 12-35, to withhold an amount from the individual's salary or wages under the agreement or arrangement. 68 Issue of gaming machine licences generally (1) Where the commission grants a gaming machine licence, the chief executive must issue the licence. (2) The gaming machine licence must be in the approved form, which must provide for the inclusion of each of the following particulars— (a) the name of the licensee; (b) the location of the premises, or each of the premises, to which the licence relates; (c) the expiry date of the licence; (d) for a gaming machine licence for category 1 licensed premises— (i) the authority region in which the licensed premises are located; and (ii) the number of operating authorities for the licensed premises, including the number of operating authorities, if any, for the licensed premises that must be sold at an authorised sale; and (iii) the registration number of each operating authority for the licensed premises; (e) for a gaming machine licence for category 2 licensed premises— (i) the entitlement region in which the licensed premises are located; and (ii) the number of entitlements for the premises, or each of the premises, to which the licence relates; (f) any conditions of the licence imposed under section 73(1)(b). 69 Issue of amalgamated gaming machine licences to clubs (1) This section applies if, at its commencement, a club holds more than 1 gaming machine licence, each for separate premises. (2) Within 1 month after the commencement, the chief executive must issue a single, fresh gaming machine licence (an amalgamated licence) to the licensee to replace the gaming machine licences held by the licensee at the commencement (the superseded licences). (3) The amalgamated licence— (a) is to relate to each of the premises that, at the commencement, were licensed premises of the licensee; and (b) for its application to particular premises—has the same effect for all purposes as the superseded licence had for the premises. (4) The amalgamated licence must be in the approved form, which must provide for the inclusion of the following particulars— (a) the name of the licensee; (b) the location of each of the premises to which the licence relates; (c) the date of issue of the licence; (d) the expiry date of the licence; (e) any conditions of the licence (other than conditions applying because of section 73(1)(a)). (5) Despite subsection (3)(b), the date to be stated in the amalgamated licence as the expiry date is the date that is the later or latest superseded expiry date. (6) A condition to be stated in the amalgamated licence must be a condition to the same effect as a condition stated in a superseded licence. (7) On the issue of the amalgamated licence to the licensee, each superseded licence held by the licensee is cancelled. (8) Within 14 days after receiving the amalgamated licence, the licensee must return each superseded licence in the licensee's possession to the chief executive. Maximum penalty—40 penalty units. (9) In this section— superseded expiry date means the date stated in a superseded licence as the expiry date of the licence. 70 Gaming machine licences to be displayed (1) If a licensee's gaming machine licence relates to single premises only, the licensee must display the licensee's licence in a conspicuous position on the licensed premises in question unless the licence at any material time is in the possession of the chief executive. Maximum penalty—40 penalty units. (2) If a licensee's gaming machine licence relates to 2 or more premises, the licensee must display a copy of the licence in a conspicuous position in each of the premises. Maximum penalty—40 penalty units. 71 Issue of copy or replacement gaming machine licences—generally (1) If the chief executive is satisfied that a gaming machine licence has been damaged, lost or destroyed, the chief executive, upon payment of the fee prescribed, may issue to the licensee a copy of the gaming machine licence. (2) If the chief executive is satisfied the name of a licensee or a licensee's licensed premises has been changed, the chief executive must issue to the licensee a fresh licence, stating the licensee's or licensed premises' current name, to replace the licence (the affected licence) previously issued to the licensee. (3) However, the chief executive is required to issue a licence to a licensee under subsection (2) only if— (a) the fee prescribed under a regulation for the issue of the licence has been paid to the chief executive; and (b) the licensee's affected licence has been returned to the chief executive. (4) A copy of a gaming machine licence issued under subsection (1), for all purposes, has the same effect as the original gaming machine licence of which it is a copy. 71A Replacement of gaming machine licence for particular changes (1) Subsection (2) applies if— (a) under section 80A(2), the number of gaming machines approved for a licensee's licensed premises is taken to be the number installed by the relevant date under the subsection for the licensee's gaming machine licence; or (b) under section 85AA(3), the number of additional gaming machines approved for a licensee's licensed premises under an approval mentioned in section 85AA(1) is taken to be the number installed by the relevant date under section 85AA(3) for the approval. (2) The licensee must, within 7 days after the relevant date, give to the chief executive— (a) the licensee's gaming machine licence; and (b) the fee prescribed under a regulation. Maximum penalty—40 penalty units. (3) Subsection (4) applies if a licensee receives a notice under section 83(5) or (6), 85C(5) or (6), 88A(1) or (2) or 90C(5) or (6) relating to a decision approving an increase or a decrease in the approved number of gaming machines, or to the hours of gaming, for the licensee's licensed premises. (4) The licensee must, within 7 days after receiving the notice, give to the chief executive— (a) the licensee's gaming machine licence; and (b) the fee prescribed under a regulation. Maximum penalty—40 penalty units. (5) If the chief executive receives a licensee's gaming machine licence under subsection (2) or (4), the chief executive must as soon as practicable— (a) replace the licence having regard to the matters mentioned in subsection (1) or (3); and (b) give the replacement licence to the licensee. (6) If the replacement licence is for category 1 licensed premises, the replacement licence must include the information mentioned in section 68(2)(d). (7) If the replacement licence is for category 2 licensed premises, the replacement licence must include the following particulars— (a) the information mentioned in section 68(2)(e); (b) the number of entitlements for the licensed premises that have been transferred to the licensee of other licensed premises on a temporary basis under part 3B, division 3; (c) the number of entitlements for other licensed premises that have been transferred to the licensee on a temporary basis under part 3B, division 3; (d) if the licensee received a notice under section 88A(1) or (2) relating to a decision approving a decrease in the approved number of gaming machines for the licensee's licensed premises—the number of entitlements for the licensed premises that must, under section 87 (9), be transferred on a permanent basis under part 3B, division 2. 72 Term of gaming machine licences (1) Subject to this Act, a gaming machine licence remains in force for 5 years from the date of issue of the licence. (2) A gaming machine licence may be renewed. 73 Conditions of gaming machine licences (1) A gaming machine licence is subject to— (a) such conditions as are prescribed; and (b) such other conditions (including any variation of the conditions made under section 74) as the commission may impose in the public interest or for the proper conduct of gaming at the time of granting the licence or under section 74. (2) A licensee who fails to comply with any condition referred to in subsection (1) commits an offence against this Act. Maximum penalty—200 penalty units. 74 Imposition or variation of conditions (1) Where the commission in the public interest or for the proper conduct of gaming, at any time after granting a gaming machine licence, considers that— (a) the imposition of conditions or further conditions on the licence; or (b) a variation to the conditions imposed on the licence under section 73(1)(b) or paragraph (a) of this subsection; is warranted, the commission may impose the conditions or further conditions or vary the conditions. (2) If the commission decides to impose or vary conditions under subsection (1), the chief executive must immediately give the licensee— (a) written notice of the conditions or varied conditions; and (b) an information notice for the decision. (3) Any imposition of or variation to conditions under this section has effect from the date specified for the purpose in the notice given under subsection (2). (4) Upon being given a notice under subsection (2), the licensee to whom the notice relates must cause the gaming machine licence to be delivered to the chief executive within 14 days. Maximum penalty for subsection (4)—40 penalty units. (5) After endorsing the gaming machine licence, the chief executive is to return it to the licensee. 75 Payment and recovery of amounts (1) All amounts received by the chief executive under conditions referred to in section 73 must be paid into the consolidated fund. (2) The chief executive, for any reason that the chief executive considers is sufficient, may forgive or refund any penalty payable under conditions referred to in section 73. (3) All amounts payable by a licensee under conditions referred to in section 73 that remain unpaid may be recovered as a debt payable by the licensee to the Crown. (4) The chief executive, instead of proceeding with or continuing an action under subsection (3), may accept in full payment of any debt payable an amount that is less than the amount payable or remaining unpaid where— (a) the gaming machine licence in relation to which the debt is payable has been cancelled or surrendered; and (b) the person who held the licence is not the holder of any other gaming machine licence. 76 Renewal and continuance of gaming machine licences (1) A licensee may apply to the chief executive for renewal of the gaming machine licence. (2) Application under subsection (1)— (a) is to be in the approved form; and (b) is to be accompanied by the fee prescribed; and (c) is to be made, unless the chief executive otherwise allows, at least 1 month before the expiration of the licence; and (d) in the case of an application by a body corporate—is to be accompanied by a list of the names, addresses and dates of birth of— (i) the secretary of the body corporate; and (ii) the executive officers of the body corporate; and (iii) all other persons who have been the secretary or an executive officer of the body corporate since the licence was granted or last renewed; and (e) is to be accompanied by an affidavit under section 92. (3) If the chief executive considers that special circumstances exist, the chief executive may extend the term of a gaming machine licence, or renewal of the licence, for 1 month from the date of its expiration to allow the licensee to comply with this section. (4) During the period of extension, the gaming machine licence has the same effect as if it had been renewed. (5) If a licensee complies with this section, the chief executive must renew the licence for 5 years starting on— (a) if an extension was not given under subsection (3)—the day after its last expiry; or (b) if an extension was given under subsection (3)—the day after the day it would have last expired apart from the extension. (6) If an application under subsection (1) is refused, the chief executive must immediately give the applicant an information notice for the decision. (7) If a gaming machine licence is not renewed, the chief executive must, as soon as practicable after the expiry of the licence, give written notice of the expiry to any licensed monitoring operator the chief executive believes was, immediately before the expiry, supplying basic monitoring services to the person who held the licence. (8) Subsection (7) applies to a non-renewal whether or not it follows the making of an application for renewal. 77 Gaming machine licences can not be transferred A gaming machine licence can not be transferred to another person or to other premises. 78 Certain applications under Liquor Act 1992 subject to chief executive's certificate (1) Despite anything in the Liquor Act 1992, if a person makes a liquor licence transfer application relating to a community club licence, commercial hotel licence or prescribed liquor licence, the liquor licensing authority may transfer the licence only if the chief executive issues a certificate under subsection (2). (2) The chief executive may issue the certificate only if— (a) the premises for which the application under the Liquor Act 1992 was made are not licensed premises under this Act; or (b) if the premises for which the application was made are licensed premises under this Act— (i) the commission is prepared to grant a gaming machine licence to the applicant; and (ii) satisfactory arrangements have been made for payment of any amounts payable by the current licensee under conditions mentioned in section 73 or under part 9. (3) If a person— (a) makes a liquor licence transfer application relating to a community club licence, commercial hotel licence or prescribed liquor licence; and (b) applies at the same time for a gaming machine licence for the premises to which the application mentioned in paragraph (a) relates; and (c) the liquor licensing authority is prepared to transfer the liquor licence; and (d) the commission is prepared to grant the gaming machine licence; the chief executive and the liquor licensing authority are to make arrangements so that the transfer of the liquor licence and the issue of the gaming machine licence happen at the same time. (4) Subsections (5) and (6) apply if, under subsection (3), arrangements are made for a gaming machine licence (a new licence) to be issued at the same time as the transfer of a liquor licence and an associated gaming licence for the liquor licence is cancelled under section 96(1) because of the transfer of the liquor licence. (5) All operating authorities or entitlements, if any, for the licensed premises under the cancelled associated gaming machine licence are transferred by operation of this subsection to the holder of the new licence. (6) However, an entitlement for the licensed premises under the cancelled associated gaming licence that must, under section 87(9), be transferred on a permanent basis under part 3B, division 2— (a) is not transferred by operation of subsection (5) to the holder of the new licence; and (b) becomes an entitlement of the State. (7) In subsection (5)— operating authority, for the licensed premises under the cancelled associated gaming machine licence, does not include an operating authority that must be sold at an authorised sale. 78A Liquor licence transfer application, and additional premises application, for premises (1) Subsection (2) applies if a category 2 licensee makes a liquor licence transfer application relating to a community club licence for premises additional to its existing licensed premises. (2) Despite the Liquor Act 1992, the liquor licensing authority may transfer the licence mentioned in subsection (1) only if the chief executive issues a certificate under subsection (3). (3) The chief executive may issue the certificate only if— (a) the premises are not licensed premises under this Act; or (b) if the premises are licensed premises under this Act— (i) the commission is prepared, under section 63, to approve the premises as premises to which the category 2 licensee's gaming machine licence relates; and (ii) satisfactory arrangements have been made for payment of any amounts payable by the current licensee under conditions mentioned in section 73 or under part 9. (4) Subsection (5) applies if— (a) a category 2 licensee— (i) makes a liquor licence transfer application relating to a community club licence for particular premises; and (ii) at the same time makes an additional premises application for the premises; and (b) the liquor licensing authority is prepared to transfer the liquor licence; and (c) the commission is prepared, under section 63, to approve the premises as premises to which the category 2 licensee's gaming machine licence relates. (5) The chief executive and liquor licensing authority must make arrangements so that the transfer of the liquor licence and approval of the premises under section 63 happen at the same time. (6) Subsections (7) and (8) apply if— (a) under subsection (5), arrangements are made for the approval of the premises under section 63 at the same time as the transfer of the liquor licence; and (b) an associated gaming licence for the liquor licence is cancelled under section 96(1) because of the transfer of the liquor licence. (7) All entitlements, other than relevant entitlements, for the licensed premises under the cancelled associated gaming licence are transferred by operation of this subsection to the category 2 licensee for use at the premises on a permanent basis. (8) A relevant entitlement for the licensed premises under the cancelled associated gaming licence becomes an entitlement of the State. (9) In this section— relevant entitlement, for the licensed premises under the cancelled associated gaming licence, means an entitlement that must under section 87(9) be transferred on a permanent basis under part 3B, division 2. 79 Other applications under Liquor Act 1992 (1) This section applies if— (a) a person makes an approval application; and (b) the relevant chief executive approves the application; and (c) the chief executive issues a gaming machine licence (a new licence) to the relevant person for the approval application. (2) All operating authorities, if any, for the part of commercial special facility premises to which the approval application relates are transferred by operation of this subsection to the holder of the new licence. (3) In this section— approval application means an application under the Liquor Act 1992 for an approval that— (a) a part of commercial special facility premises be let or sublet; or (b) a franchise or management rights of a similar nature be granted for a part of commercial special facility premises. operating authority does not include an operating authority that must be sold at an authorised sale. relevant person, for an approval application, means the proposed lessee, sublessee, franchisee, or proposed holder of management rights, for the part of commercial special facility premises to which the approval application relates. 80 Directions to licensees about authorised gaming machines (1) The chief executive may direct a licensee to alter an authorised gaming machine of the licensee to change the game that may be played on the machine. (2) However, the chief executive may give a direction about a gaming machine only if— (a) the game that may be played on the machine is not an approved game; or (b) if the game that may be played on the machine is an approved game—the chief executive reasonably believes subsection (3) applies to the machine. (3) This subsection applies for subsection (2)(b) if— (a) the machine malfunctions when it is being used; and (b) the making of the proposed alteration will stop the machine malfunctioning; and (c) without the proposed alteration being made, the continued use of the machine may compromise proper standards of integrity affecting gaming or adversely affect the public interest in some other way. (4) A direction must— (a) be in writing; and (b) state the grounds on which it is given; and (c) state when the licensee to whom it is given is required to comply with the direction. (5) A licensee to whom a direction is given must comply with the direction, unless the licensee has a reasonable excuse. Maximum penalty for subsection (5)—200 penalty units. 80A When gaming machine licence lapses and number of approved gaming machines changes (1) If the licensee under a gaming machine licence has not started to conduct gaming on the licensed premises by the relevant date, the gaming machine licence lapses. (2) If the licensee under a gaming machine licence has started to conduct gaming on the licensed premises by the relevant date but the approved number of gaming machines for the licensed premises have not been installed, the number of gaming machines approved for the licensed premises is taken to be the number installed by that date. (3) The commission may fix a date that is the relevant date for particular licensed premises if— (a) the licensee— (i) applies in writing to the commission, for deferment of the relevant date, before the day that is 2 years after the day the licence was granted by the commission; and (ii) includes in the application information about the licensee's exceptional circumstances for seeking a deferment under this subsection; and (iii) gives the commission other information and materials for which it reasonably asks to help it decide the application; and (b) the commission is, after considering the application and any information or materials given or requested under paragraph (a)(ii) or (iii), satisfied there are exceptional circumstances for the deferment. Examples of exceptional circumstances— 1 The commission might consider the fact that the licensee's gaming machine licence is for premises that are a part of a complex development or redevelopment is an exceptional circumstance for deferment of the relevant date. 2 The commission might consider the fact that the cumulative effect of things like complex approval processes, abnormal weather patterns or unusual shortages of materials or skilled labour is an exceptional circumstance for deferment of the relevant date. (4) The commission may fix a date under subsection (3) only if the date is not more than 3 years after the day the gaming machine licence was granted. (5) The commission may grant a deferment of the relevant date on conditions the commission considers appropriate and, if a condition is not complied with, the deferment does not operate beyond the date of the noncompliance. (6) In this section— gaming machine licence means a gaming machine licence granted after the commencement of this section. relevant date, for a gaming machine licence, means— (a) the date that is 2 years after the day the licence was granted; or (b) for premises for which the commission has fixed a date under subsection (3)—the date fixed by the commission or an earlier date on which the deferment ceases to operate under subsection (5). 80B Restriction on installation and operation of gaming machines for category 1 licensee A category 1 licensee must not, at the licensee's licensed premises, install and operate more than the number of gaming machines that is equal to the endorsed number of operating authorities for the licensed premises. Maximum penalty—200 penalty units. 80C Restriction on installation and operation of gaming machines for category 2 licensee (1) A category 2 licensee must not, at the licensee's licensed premises or each of the licensee's licensed premises, install or operate more than the number of gaming machines that is equal to the total of the following— (a) the endorsed number of entitlements for the licensed premises; (b) the number of any entitlements that are currently transferred under part 3B, division 3 for use on a temporary basis at the licensed premises. Maximum penalty—200 penalty units. (2) For subsection (1)(a), the endorsed number of entitlements for the licensed premises is taken not to include the number of any entitlements for the licensed premises that are currently transferred under part 3B, division 3 for use on a temporary basis at other category 2 licensed premises. 81 Application to increase approved number of gaming machines (1) A licensee may apply to have the approved number of gaming machines for licensed premises of the licensee increased. (2) An application must— (a) be in the approved form; and (b) be given to the chief executive; and (c) be signed in the same way an application for a gaming machine licence is required to be signed; and Editor's note— See section 56(5)(b) and (c) and (7). (d) if the licensee's gaming machine licence relates to 2 or more premises—state the premises to which the application relates; and (e) state the number of gaming machines sought under the increase; and (f) state the approved number of gaming machines that would apply to the licensed premises if the increase were to be approved; and (g) if appropriate, be accompanied by an application under section 91; and (h) be accompanied by any fee prescribed under a regulation for the application. 82 Recommendation by chief executive about increase application (1) The chief executive must— (a) consider an increase application received by the chief executive; and (b) after considering the application—make a recommendation to the commission about the application. Editor's note— Section 84 sets out matters to which the chief executive must, or may, have regard in making a recommendation about an increase application. (2) The recommendation must be a recommendation that— (a) approval for the increase sought in the application be given; or (b) approval be given for an increase that is less than the increase sought in the application; or (c) approval for an increase be refused. (2A) A recommendation mentioned in subsection (2)(a) or (b) may be subject to the reasonable conditions the chief executive considers appropriate having regard to— (a) the nature or character of the licensed premises of the licensee; or (b) the general use of the premises or the enjoyment of persons using the premises; or (c) the public interest. (3) In considering an increase application, the chief executive may, by written notice given to the applicant, require the applicant, within a reasonable time stated in the notice, to give the chief executive further information or a document that is necessary and reasonable to help the chief executive make a recommendation. (4) The chief executive may recommend that approval for an increase be refused if the applicant fails to comply with a requirement of the chief executive under subsection (3) without a reasonable excuse. (5) The chief executive is not required to make a recommendation about an increase application under this section if the commission has delegated its powers under section 83 in relation to the application to the chief executive. 83 Decision on increase application (1) The commission may, in relation to an increase application— (a) approve, by a stated number, an increase in the approved number of gaming machines for the licensed premises of the licensee; or (b) refuse to approve an increase in the approved number. (2) Before making its decision, the commission may, by written notice given to the applicant, require the applicant, within a reasonable time stated in the notice, to give the commission further information or a document that is necessary and reasonable to help the commission make the decision. (3) In making its decision, the commission must have regard to any recommendation of the chief executive about the application. (3A) The commission must refuse to approve an increase if— (a) the application relates to category 2 licensed premises; and (b) any of the endorsed number of entitlements for the licensed premises are, at the time the application is made, transferred under part 3B, division 3 for use on a temporary basis at other category 2 licensed premises. (4) The commission may refuse to approve an increase if the applicant, without a reasonable excuse, fails to comply with— (a) a requirement of the chief executive under section 82(3); or (b) a requirement of the commission under subsection (2). (5) If the commission approves an increase that is equal to the increase sought in the application, the chief executive must immediately give written notice of the decision to the licensee. (6) If the commission refuses to approve an increase, or approves an increase that is less than the increase sought in the application, the chief executive must immediately give the licensee an information notice for the decision. (7) If the approved number of gaming machines for licensed premises has been fixed (or increased or decreased) within the last 12 months, the commission may only approve an increase in the approved number of gaming machines if there are exceptional reasons for the increase. 84 Matters to be taken into account for increase application (1) This section applies to the chief executive in making a recommendation to the commission about an increase application. (2) This section also applies to the commission in deciding an increase application. (3) The commission or the chief executive must have regard to— (a) the increased number of gaming machines sought in the application; and (b) any supporting material for the application; and (c) any relevant community comments on the application. (4) The commission or chief executive also may have regard to— (a) the liquor consumption on the premises to which the application relates; and (b) the monthly taxable metered win of gaming machines currently operated on the premises; and (c) the hours and days when the premises are open for the sale of liquor; and (d) the size and layout of, and facilities on, the premises, together with any proposed changes to, or relocation of, the gaming machine areas of the premises; and (e) any other matters the commission or chief executive considers relevant. 85 Fixing increase number of gaming machines (1) This section applies for the giving of an approval by the commission under section 83(1) for an increase in the approved number of gaming machines for licensed premises of a licensee. (2) The number (the increase number) fixed by the commission as the number by which the approved number is to be increased must not be greater than the number of gaming machines sought in the relevant application. (3) Also, if the licensee's gaming machine licence relates to single premises only (the licensee's premises), the increase number must be a number that, when added to the current approved number of gaming machines for the premises, does not result in a total number of gaming machines that is greater than the maximum number prescribed under a regulation for the category of licensed premises to which the licensee's premises belong. (4) Also, if the licensee's gaming machine licence relates to 2 or more premises, the increase number must be a number that, when added to the current, total approved number of gaming machines for both or all the premises, does not result in a total number of gaming machines that is greater than the maximum number prescribed under a regulation for category 2 licensed premises. 85AA When approval lapses and number of additional gaming machines changes (1) This section applies to an approval given by the commission under section 83 after the commencement of this section for an increase in the number of gaming machines for licensed premises. (2) If the licensee has not installed any additional gaming machines under the approval for the licensed premises by the relevant date, the approval lapses. (3) If the licensee has installed some, but not all, of the additional gaming machines under the approval for the licensed premises by the relevant date, the number of additional gaming machines approved under the approval is taken to be the number installed by that date. (4) The commission may fix a date as the relevant date for particular licensed premises if— (a) the licensee— (i) applies in writing to the commission, for deferment of the relevant date, before the day that is 1 year after the day the approval was given; and (ii) includes in the application information about the licensee's exceptional circumstances for seeking a deferment under this subsection; and (iii) gives the commission information and materials for which it reasonably asks to help it decide the application; and (b) the commission is, after considering the application and any information or materials given or requested under paragraph (a)(ii) or (iii), satisfied there are exceptional circumstances for the deferment. Examples of exceptional circumstances— 1 The commission might consider that the fact the licensee's gaming machine licence is for premises that are a part of a complex development or redevelopment is an exceptional circumstance for deferment of the relevant date. 2 The commission might consider that the cumulative effect of things like complex approval processes, abnormal weather patterns or unusual shortages of materials or skilled labour is an exceptional circumstance for deferment of the relevant date. (5) However, the commission may fix a date under subsection (4) only if the date is not more than 2 years after the day the approval was given. (6) The commission may grant a deferment of the relevant date on conditions the commission considers appropriate and, if a condition is not complied with, the deferment does not operate beyond the date of the noncompliance. (7) In this section— relevant date, in relation to an approval, means— (a) the date that is 1 year after the day the approval was given; or (b) for premises for which the commission has fixed a later date under subsection (4)—the date fixed by the commission or an earlier date on which the deferment ceases to operate under subsection (6). 85A Application to increase approved hours of gaming (1) A licensee may apply to have the approved hours of gaming for licensed premises of the licensee increased. (2) A proposed change to the approved hours of gaming for licensed premises is taken to be an increase if the change would allow the conduct of gaming on the licensed premises at a time when gaming was previously unlawful (even though the change might reduce aggregate hours of gaming or leave the aggregate unchanged). (3) An application must— (a) be in the approved form; and (b) be given to the chief executive; and (c) be signed in the same way as an application for a gaming machine licence is required to be signed; and Editor's note— See section 56(5)(b) and (c) and (7). (d) if the licensee's gaming machine licence relates to 2 or more premises—state the premises to which the application relates; and (e) state the hours of gaming for which approval is sought. 85B Recommendation by chief executive about increase application (1) The chief executive must— (a) consider an increase application received by the chief executive; and (b) after considering the application—make a recommendation to the commission about the application. (2) The recommendation must be a recommendation that— (a) approval for the increase sought in the application be given; or (b) approval be given for an increase that is less than the increase sought in the application; or (c) approval for an increase be refused. (3) In considering an increase application, the chief executive may, by written notice given to the applicant, require the applicant, within a reasonable time stated in the notice, to give the chief executive further information or a document that is necessary and reasonable to help the chief executive make a recommendation. (4) The chief executive may recommend that approval for an increase be refused if the applicant fails to comply with a requirement of the chief executive under subsection (3) without a reasonable excuse. (5) The chief executive is not required to make a recommendation about an increase application under this section if the commission has delegated its powers under section 85C in relation to the application to the chief executive. 85C Decision on increase application (1) The commission may, in relation to an increase application— (a) approve the hours of gaming sought by the applicant; or (b) approve an increase that differs from the increase sought by the applicant; or (c) refuse to approve an increase to the hours of gaming for the licensed premises. (2) Before making its decision, the commission may, by written notice given to the applicant, require the applicant, within a reasonable time stated in the notice, to give the commission further information or a document that is necessary and reasonable to help the commission make the decision. (3) In making its decision, the commission must have regard to any recommendation of the chief executive about the application. (4) The commission may refuse to approve an increase if the applicant, without a reasonable excuse, fails to comply with— (a) a requirement of the chief executive under section 85B(3); or (b) a requirement of the commission under subsection (2). (5) If the commission approves an increase as sought by the licensee, the chief executive must immediately give written notice of the decision to the licensee. (6) If the commission refuses to approve an increase, or approves an increase that differs from the increase sought in the application, the chief executive must immediately give the licensee an information notice for the decision. 85D Matters to be taken into account for increase application (1) This section applies to the chief executive in making a recommendation to the commission about an increase application. (2) This section also applies to the commission in deciding an increase application. (3) The chief executive and the commission must have regard to— (a) the increase in approved hours of gaming sought in the application; and (b) any supporting material for the application; and (c) any relevant community comments on the application. (4) The chief executive and the commission also may have regard to— (a) the hours and days when the licensed premises are open for the sale of liquor; and (b) any other matters the chief executive or the commission considers relevant. 86 Proposals to decrease approved number of gaming machines (1) A licensee may apply to have the approved number of gaming machines for licensed premises of the licensee decreased. (1A) However, the application may not be made by a category 2 licensee to whom entitlements of other category 2 licensed premises are currently transferred under part 3B, division 3 for use on a temporary basis at the licensed premises mentioned in subsection (1). (1B) Subsection (1C) applies if— (a) an application mentioned in subsection (1) is made by a category 2 licensee; and (b) one or more of the entitlements of the licensed premises are currently transferred under part 3B, division 3 for use on a temporary basis at other category 2 licensed premises. (1C) The application may not relate to the gaming machines, the entitlements for which are subject to the transfer mentioned in subsection (1B)(b). (2) An approved authority may request that the approved number of gaming machines for licensed premises of a licensee be decreased. (3) An inspector may make a report recommending the approved number of gaming machines for a licensee's licensed premises be decreased— (a) because of a material change affecting the licensee that has happened since the licensee was granted a gaming machine licence; or (b) if, within the period of 6 months immediately before the report, the licensee did not operate, for a continuous period of 3 months, 1 or more gaming machines included in the approved number of gaming machines for the licensed premises other than— (i) a gaming machine stored with the chief executive's approval as mentioned in section 225(3); or (ii) a gaming machine that was not available for gaming because the gaming machine was undergoing alteration, adjustment, maintenance or repair by a licensed repairer acting under this Act. (4) For subsection (3)(b), the period immediately before a report can not include a period before the commencement of this subsection. (4A) Subsection (3)(b) does not apply to a gaming machine for category 2 licensed premises, the entitlement for which is currently transferred under part 3B, division 3 for use on a temporary basis at other category 2 licensed premises. (5) An application by a licensee must be— (a) in the approved form; and (b) given to the chief executive; and (c) accompanied by the gaming machine licence for the licensed premises; and (d) if the licensee intends to relocate the gaming machine areas for licensed premises of the licensee—accompanied by an application under section 91. (6) A request or report mentioned in subsection (2) or (3) must— (a) be in writing; and (b) be given to the chief executive; and (c) state, by reference to a number, the decrease requested or recommended; and (d) state the approved number of gaming machines for the licensed premises if the decrease were to be approved. (7) For subsection (3), a change is a material change affecting a licensee if the change is— (a) a general change of conditions in the neighbourhood in which the licensee's licensed premises are situated; or (b) a change in the licensee's circumstances; or (c) a change in any of the matters mentioned in section 60(3) relating to the licensee or licensee's licensed premises. 87 Decision on decrease proposal (1) The chief executive must consider a decrease proposal received by the chief executive and either— (a) approve, by a stated number, a decrease in the approved number of gaming machines for the licensed premises of the licensee; or (b) refuse to approve a decrease in the approved number. (2) The chief executive may approve a decrease that is less than the decrease sought in a decrease proposal. (3) If the decrease proposal is a request or report, the chief executive must, before making a decision— (a) by written notice given to the licensee affected by the proposal— (i) advise the licensee of the relevant details of the proposal; and (ii) invite the licensee to give the chief executive a written submission about the proposal within a reasonable time stated in the notice; and (b) consider any written submission of the licensee received within the stated time. (4) If the decrease proposal is an application, the chief executive— (a) must not refuse to approve a decrease if the refusal is likely to impose an unreasonable financial burden on the licensee; and (b) must not approve a decrease that is greater than the decrease sought in the application. (5) If the decrease proposal is an application by a category 1 licensee and the decrease is approved under subsection (1)(a), the number of operating authorities for the licensee's licensed premises that is more than the approved number of gaming machines for the licensed premises must be sold at an authorised sale. (6) If the decrease proposal is an application by a category 1 licensee, the chief executive may, if asked in writing by the licensee at the time the application is made, approve a decrease conditional on the sale of an operating authority for the licensed premises under the licensee's gaming machine licence for each gaming machine to be disposed of under the approval. (7) If an approval is conditional as mentioned in subsection (6), the approval has effect, in relation to each gaming machine to be disposed of under the approval, when an operating authority for the gaming machine is sold. (8) If the decrease proposal is a request or report relating to category 2 licensed premises, the chief executive may not approve a decrease if the approval is likely to impose an unreasonable financial burden on the licensee. (9) If the decrease proposal is an application by a category 2 licensee and the decrease is approved under subsection (1)(a), the entitlements for the licensee's licensed premises that are more in number than the approved number of gaming machines for the licensed premises must be transferred on a permanent basis under part 3B, division 2 within 1 year after the decrease is approved. (10) If the entitlements mentioned in subsection (9) are not transferred under that subsection, the entitlements become entitlements of the State. (11) However, if the licensee mentioned in subsection (9) applies to the chief executive under section 109M(1) for an approval of a transfer of the entitlements mentioned in subsection (9) within 1 year after the decrease is approved and the commission does not make a decision on the application before the end of that period, subsection (10) does not apply until 14 days after notification of the decision under section 109M. 88 Disposal of gaming machines for decrease proposal (1) If the chief executive approves a decrease in the approved number of gaming machines for licensed premises of a licensee, the chief executive must approve the way in which the gaming machines subject to the decrease may be disposed of. (2) An approval under subsection (1) may provide for the disposal of the gaming machines by the sale or destruction of the machines. 88A Notice of decision about decrease proposal (1) The chief executive must immediately give written notice of a decision under section 87(1) to the licensee if— (a) the decision relates to an application and is a decision approving a decrease that is equal to the decrease sought in the application; or (b) the decision relates to a request or report and is a decision refusing to approve a decrease. (2) The chief executive must immediately give the licensee an information notice for a decision under section 87(1) if— (a) the decision relates to an application and is a decision— (i) refusing to approve a decrease; or (ii) approving a decrease that is less than the decrease sought in the application; or (b) the decision relates to a request or report and is a decision approving a decrease. (3) A notice under subsection (1) or (2) must include notice of, or be accompanied by written notice of, any relevant approval of the chief executive under section 88(1). 89 Matters to be taken into account for decrease proposal (1) This section applies to the chief executive in making a decision about a decrease proposal. (3) The chief executive must have regard to the decrease sought or recommended in the proposal. (4) Also, the chief executive may have regard to the following matters— (a) the public interest; (b) whether or not there are any other licensed premises in close proximity to the licensed premises to which the decrease proposal relates (the subject premises); (c) the interests of persons using the subject premises; (d) if the licensee of the subject premises is a category 2 licensee— (i) the interests of the members of the licensee; and (ii) whether or not the members have indicated support for a decrease in the approved number of gaming machines for the premises. 90 Surrender or disposal of gaming machines on approval of decrease (1) This section applies if the chief executive approves a decrease in the approved number of gaming machines for licensed premises. (2) The licensee must, within the required time, dispose of the number of gaming machines stated for the decrease. Editor's note— This subsection does not deal with the issue of the disposal of gaming machines contrary to an approval. However, in this regard, see sections 265 (Manufacture, sale, supply, obtaining or possession of gaming machines) and 277 (Destruction of gaming machines). (3) For subsection (2), the required time for disposing of the gaming machines is— (a) the period ending 1 month after the licensee receives notice of the decision approving the decrease; or (b) if the chief executive extends, or further extends, the period for taking the action, by written notice given to the licensee in the period or extended period—the period as extended. (4) Despite subsection (3), if the approval for the decrease is conditional on the sale of an operating authority for each gaming machine to be disposed of under the approval, the required time for disposing of a gaming machine in relation to the decrease is the period ending 1 month after the sale of an operating authority for the gaming machine. (5) The chief executive may give an extension for subsection (3)(b) only if the chief executive considers it is appropriate to take the action in the circumstances of the particular case. 90A Proposals to decrease approved hours of gaming (1) A licensee may apply to have the approved hours of gaming for licensed premises of the licensee decreased. (2) An approved authority may request that the approved hours of gaming for licensed premises of a licensee be decreased. (3) An inspector may make a report— (a) relating to a material change affecting a licensee that has happened since the licensee was granted a gaming machine licence; and (b) recommending that the approved hours of gaming for the licensee's licensed premises be decreased. (4) An application, request or report must— (a) be in writing; and (b) be given to the chief executive; and (c) state the hours of gaming that would apply to the licensed premises if the decrease were to be approved. (5) For subsection (3), a change is a material change affecting a licensee if the change is— (a) a general change of conditions in the neighbourhood in which the licensee's licensed premises are situated; or (b) a change in the licensee's circumstances; or (c) a change in any of the matters to which the chief executive or the commission is authorised to have regard in fixing the hours of gaming for the licensed premises. Editor's note— See section 60(3) (Basis on which number of gaming machines to be installed in premises and hours of gaming are to be decided). 90B Recommendation by chief executive about decrease proposal (hours of gaming) (1) The chief executive must— (a) consider a decrease proposal (hours of gaming) received by the chief executive; and (b) after considering the proposal—make a recommendation to the commission about the proposal. (2) The recommendation must be a recommendation that— (a) approval for the decrease sought or recommended in the proposal be given; or (b) approval be given for a decrease that is less than the decrease sought or recommended in the proposal; or (c) approval for a decrease be refused. (3) If the decrease proposal (hours of gaming) is a request or a report, the chief executive must, before making a recommendation— (a) by written notice given to the licensee affected by the proposal, advise the licensee of the relevant details of the proposal; and (b) by the notice, invite the licensee to make a written submission about the proposal within a reasonable time stated in the notice; and (c) consider any written submission of the licensee received by the chief executive within the time stated in the notice. (4) The chief executive's recommendation must be accompanied by any submission required to be considered by the chief executive under subsection (3)(c). (5) If the commission has delegated its powers under section 90C in relation to a decrease proposal (hours of gaming) to the chief executive, the chief executive— (a) is not required to make a recommendation about the proposal under this section; but (b) must take the action mentioned in subsection (3) as if the chief executive were dealing with the proposal for making a recommendation under this section. 90C Decision on decrease proposal (hours of gaming) (1) The commission may, in relation to a decrease proposal (hours of gaming)— (a) approve the proposal without modification; or (b) modify the proposal and approve the proposal as modified by the commission; or (c) refuse to approve the proposal. (2) In making its decision, the commission must have regard to— (a) any recommendation of the chief executive about the decrease proposal (hours of gaming); and (b) any submission accompanying the recommendation. (3) If the decrease proposal (hours of gaming) is an application, the commission— (a) must not refuse to approve a decrease if the refusal is likely to impose an unreasonable financial burden on the licensee; and (b) may not approve a decrease that is greater than the decrease sought in the application. (4) If the decrease proposal (hours of gaming) is a request or report, the commission may not approve a decrease if the approval is likely to impose an unreasonable financial burden on the licensee. (5) The chief executive must immediately give written notice of a decision of the commission under subsection (1) to the licensee if— (a) the decision relates to an application and is a decision approving the decrease as sought in the application; or (b) the decision relates to a request or report and is a decision refusing to approve a decrease. (6) The chief executive must immediately give the licensee an information notice for a decision of the commission under subsection (1) if— (a) the decision relates to an application and is a decision— (i) refusing to approve a decrease; or (ii) approving a decrease that differs from the decrease sought in the application; or (b) the decision relates to a request or report and is a decision approving a decrease. 90D Matters to be taken into account for decrease proposal (hours of gaming) (1) This section applies to the chief executive in making a recommendation to the commission about a decrease proposal (hours of gaming). (2) This section also applies to the commission in deciding a decrease proposal (hours of gaming). (3) The chief executive and the commission must have regard to the decrease sought or recommended in the proposal. (4) The chief executive and the commission also may have regard to the following matters— (a) the public interest; (b) whether or not there are any other licensed premises in close proximity to the licensed premises to which the decrease proposal (hours of gaming) relates (the subject premises); (c) the interests of persons using the subject premises; (d) if the licensee of the subject premises is a category 2 licensee— (i) the interest of the members of the licensee; and (ii) whether or not the members have indicated support for a decrease in the approved hours of gaming for the premises. 91 Relocation of gaming machine areas (1) A licensee must not relocate the gaming machine areas of licensed premises of the licensee without the approval of the chief executive. Maximum penalty—40 penalty units. (2) An application for approval must be— (a) in the approved form; and (b) given to the chief executive; and (c) accompanied by a plan of the premises showing the proposed locations on the premises where it is intended to install gaming machines. (3) Where— (a) the commission approves a decrease in the approved number of gaming machines for licensed premises; or (b) the chief executive considers that it is necessary for the proper conduct of gaming that the gaming machine areas of licensed premises be relocated; the chief executive may, by written notice, direct the licensee to relocate the gaming machine areas of the licensee's licensed premises in accordance with the direction. (4) The licensee must comply with the chief executive's direction. Maximum penalty—200 penalty units. (5) The chief executive may before— (a) granting an approval under subsection (1); or (b) giving a direction under subsection (3); require the licensee to furnish such information as the chief executive considers appropriate, and the licensee must comply with the requirement. Maximum penalty—200 penalty units. (6) The chief executive, having regard to— (a) the size, layout and facilities of the licensee's licensed premises; and (b) such other matters as the chief executive considers are relevant; may grant or refuse to grant an application under subsection (1). (7) On and from the date of completion of any relocation approved or directed under this section, the gaming machine areas of a licensed premises for all purposes are as so relocated. (8) If an application under subsection (1) is refused, the chief executive must immediately give the applicant written notice of, and the reasons for, the decision. 91A Ceasing gaming at licensed premises (1) This section applies to a category 2 licensee if— (a) additional premises have been approved under section 63(1) for the licence; and (b) the licensee ceases the conduct of gaming on any licensed premises under the licence. (2) The licensee must, immediately after ceasing the conduct of gaming on the licensed premises, give the chief executive— (a) the licence; and (b) a written notice stating— (i) the day the conduct of gaming ceased; and (ii) details of the licensed premises on which the conduct of gaming ceased. Maximum penalty—40 penalty units. (3) All entitlements for the licensed premises on which the conduct of gaming has ceased must be transferred on a permanent basis under part 3B, division 2 within 1 year after the licensee ceases the conduct of gaming on the licensed premises. (4) If the entitlements are not transferred on a permanent basis under part 3B, division 2 within the time mentioned in subsection (3), the entitlements become entitlements of the State. (5) However, if the licensee applies to the chief executive under section 109M (1) for an approval of a transfer of the entitlements within 1 year after the licensee ceases the conduct of gaming and the commission does not make a decision on the application before the end of that period, subsection (4) does not apply until 14 days after notification of the decision under section 109M. (6) Subsection (7) applies if— (a) a category 2 licensee ceases the conduct of gaming on any licensed premises under the licensee's licence; and (b) at the time the licensee ceases the conduct of gaming, either— (i) one or more of the endorsed number of entitlements for the licensed premises have been transferred to the licensee of other licensed premises on a temporary basis under part 3B, division 3; or (ii) one or more entitlements for other licensed premises have been transferred to the licensee on a temporary basis under part 3B, division 3. (7) The temporary transfer of the entitlements ends on the day the licensee ceases the conduct of gaming. 91B Chief executive may amend or replace licence (1) On receiving the licence, the chief executive must— (a) amend the licence to show the licensed premises on which the conduct of gaming may take place under the licence; or (b) issue a replacement licence, showing the licensed premises on which the conduct of gaming may take place under the licence. (2) As soon as practicable after amending or replacing a licence under subsection (1), the chief executive must give the licensee the amended or replacement licence. 91C Dealing with gaming machines on ceasing the conduct of gaming (1) As soon as practicable after receiving a notice under section 91A(2)(b), the chief executive must, by written notice given to the licensee, approve the way in which gaming machines at premises on which the conduct of gaming ceased may be disposed of. (2) An approval under subsection (1) may provide for the disposal of the gaming machines by sale or destruction of the machines. (3) A licensee to whom notice of an approval is given under subsection (1) must dispose of the gaming machines— (a) within 1 month after receiving the notice; or (b) if the chief executive extends, or further extends, the period for the disposal by written notice given to the licensee in the period or extended period—within the period as extended. Maximum penalty—200 penalty units. (4) The chief executive may give the licensee a notice extending the period if the chief executive is satisfied it would be reasonable in all the circumstances to give the extension. (5) Also, the chief executive must, as soon as practicable after receiving a notice under section 91A(2)(b), give written notice of the ceasing of the conduct of gaming to each licensed monitoring operator the chief executive believes is supplying basic monitoring services to the licensee. 92 Disclosure of influential or benefiting parties (1) An applicant for a gaming machine licence, or a licensee who applies for a renewal of a gaming machine licence or makes an additional premises application, must, at the time of making the application, give the chief executive an affidavit under this section. (2) An applicant or licensee who undergoes any change in circumstances in relation to information contained in the last affidavit forwarded or lodged under this section by the applicant or licensee must, within 7 days of the change, forward to or lodge with the chief executive a fresh affidavit made under this section. Maximum penalty—100 penalty units. (3) An affidavit under this section is to be made by— (a) if the applicant or licensee is an individual—the applicant; or (b) if the applicant or licensee is a body corporate— (i) the principal executive officer of the body corporate; or (ii) if that officer does not have knowledge of the facts—some other person who has knowledge of the facts and who is authorised by the body corporate to make the affidavit. (4) An affidavit under this section is to be in the approved form and must disclose— (a) whether or not there is any person (other than, where the applicant or licensee is a body corporate, the secretary, an executive officer, a member or shareholder of the body corporate carrying out the duties or exercising the normal rights the person has as such secretary, executive officer, member or shareholder) who will by any lease, agreement or arrangement be able to influence any decision made— (i) if the applicant or licensee is an individual—by the applicant; or (ii) if the applicant or licensee is a body corporate—by the body corporate, or the secretary or an executive officer of the body corporate; in relation to the conduct of gaming by the applicant or licensee; and (b) whether or not there is any person other than the applicant or licensee who by any lease, agreement or arrangement may expect any benefit from the applicant or licensee in relation to the conduct of gaming by the applicant or licensee; and (c) if there are any persons able to influence as referred to in paragraph (a) or expect benefit as referred to in paragraph (b)— (i) where any such person is an individual—the person's full name, address and date of birth; and (ii) where any such person is a body corporate other than a club—the name of the body corporate and the full name, address and date of birth of the secretary and each executive officer of the body corporate; and (iii) where any such person is a club or other voluntary association of persons— (A) the name of the club or voluntary association of persons; and (B) the full name, address and date of birth of the secretary and each executive officer of the club or voluntary association of persons; and (C) particulars of any liquor licence held by the club or voluntary association of persons; and (D) details of the objectives (if any) of the club or voluntary association of persons and whether or not the club is a non-proprietary club or the voluntary association of persons conducts its business in the same way as a non-proprietary club; and (iv) full and correct particulars of the lease, agreement or arrangement; and (d) in the case of the applicant or licensee being a body corporate other than a club—the names of all persons who have a substantial holding in the body corporate. (5) Despite subsection (4), an affidavit under this section need not disclose anything that is prescribed for the purposes of this subsection. 93 Investigation of licensees and associates (1) At any time while a gaming machine licence is in force the chief executive may cause to be undertaken such investigations as the chief executive considers are necessary in order to be satisfied that the licensee or any associate of the licensee is a suitable person to be a licensee or an associate of the licensee. (2) The chief executive may, either verbally or by written notice, require any person, to whom investigations under subsection (1) relate, to submit such information or material as the chief executive considers is necessary. (3) The person must comply with the chief executive's requirement under subsection (2). Maximum penalty for subsection (3)—200 penalty units. 94 Cessation or commencement of executive officer or secretary If an applicant under section 56 or a licensee is a body corporate, the body corporate must notify the chief executive in the approved form— (a) that a person has ceased to be the secretary or an executive officer of the body corporate; and (b) that a person has commenced as the secretary or an executive officer of the body corporate; and (c) the full name, address and date of birth of any person referred to in paragraph (b); within 7 days of such cessation or commencement. Maximum penalty—40 penalty units. 95 Surrender of gaming machine licences (1) A licensee, at any time, may surrender the licensee's gaming machine licence by giving the chief executive— (a) a notification in the approved form; and (b) the gaming machine licence, unless the surrender is by a category 1 licensee and is conditional on the sale of the licensee's operating authorities. (2) The notification is to be signed in the same way as that specified for an application made under section 56(5)(b) or (c). (2A) If a category 1 licensee surrenders the licensee's gaming machine licence, all operating authorities for the licensed premises under the licence must be sold at an authorised sale. (2B) If the licensee is a category 1 licensee, the notification under subsection (1) may state the surrender is conditional on the sale of the licensee's operating authorities for the licensed premises under the licence. (2C) If the notification states the surrender is conditional on the sale of the licensee's operating authorities, the licensee must give the licence to the chief executive immediately after the licensee is aware all the operating authorities have been sold. Maximum penalty—40 penalty units. (2D) If a category 2 licensee surrenders the licensee's gaming machine licence, all entitlements for the licensed premises under the licence must be transferred on a permanent basis under part 3B, division 2 within 1 year after the surrender. (2E) If the entitlements mentioned in subsection (2D) are not transferred on a permanent basis under part 3B, division 2 within the time mentioned in that subsection, the entitlements become entitlements of the State. (2F) However, if the licensee mentioned in subsection (2D) applies to the chief executive under section 109M(1) for an approval of a transfer of the entitlements mentioned in subsection (2D) within 1 year after the surrender and the commission does not make a decision on the application before the end of that period, subsection (2E) does not apply until 14 days after notification of the decision under section 109M. (2G) Subsection (2H) applies if— (a) a category 2 licensee surrenders the licensee's gaming machine licence; and (b) either— (i) one or more of the endorsed number of entitlements for the licensed premises have been transferred to the licensee of other licensed premises on a temporary basis under part 3B, division 3; or (ii) one or more entitlements for other licensed premises have been transferred to the licensee on a temporary basis under part 3B, division 3. (2H) The temporary transfers of the entitlements end on the day the licence is surrendered. (3) The chief executive may require the licensee to submit such information or material as the chief executive thinks fit. (4) The licensee must comply with the chief executive's requirement under subsection (3). Maximum penalty—200 penalty units. (5) As soon as practicable after receiving the documents mentioned in subsection (1), the chief executive must, by written notice given to the licensee, approve the way in which the gaming machines may be disposed of. (6) Also, the chief executive must, as soon as practicable after receiving the documents mentioned in subsection (1), give written notice of the notification of surrender to any licensed monitoring operator the chief executive believes is supplying basic monitoring services to the licensee. (7) An approval under subsection (5) may provide for the disposal of the gaming machines by sale or destruction of the machines. (8) Subject to subsection (8A), a licensee to whom notice of an approval is given under subsection (5) must dispose of the gaming machines on the licensee's licensed premises— (a) within 1 month after receiving the notice; or (b) if the chief executive extends, or further extends, the period for the disposal, by written notice given to the licensee in the period or extended period—within the period as extended. Editor's note— Section 95(8) does not deal with the issue of the disposal of privately acquired gaming machines contrary to an approval. However, in this regard, see sections 265 (Manufacture, sale, supply, obtaining or possession of gaming machines) and 277 (Destruction of gaming machines). Maximum penalty—200 penalty units. (8A) If the surrender of a gaming machine licence is conditional on the sale of the licensee's operating authorities, the licensee must, within 1 month after each sale of operating authorities for the licensed premises under the licence, dispose of the number of gaming machines equal to the number of operating authorities sold. Maximum penalty—200 penalty units. (9) The chief executive may give an extension for subsection (8)(b) only if the chief executive considers it is appropriate to take the action in the circumstances of the particular case. (10) The surrender of the gaming machine licence takes effect on the later of the following— (a) the nominated day for the surrender of the licence; (b) the day immediately after the day that is the clearance day for the surrender of the licence. (11) In this section— clearance day, for the surrender of a gaming machine licence, means the day on which the chief executive becomes satisfied that the licensee has disposed of the gaming machines for the surrender. nominated day, for the surrender of a gaming machine licence, means— (a) if paragraph (b) or (c) does not apply—the day (the set day) that is 3 months after the notification of surrender is given; or (b) if a day of effect that is later than the set day is stated in the notification of surrender—the day stated in the notification; or (c) if, at the request of the licensee, the chief executive, by written notice, approves a day of effect that is earlier than the set day—the day approved by the chief executive. 95A Surrender of gaming machine licence being replaced—category 1 licensed premises (1) This section applies if the commission has decided— (a) to grant an application mentioned in section 56A for a new gaming machine licence (a new licence) for other premises (the new premises) in place of a licence being surrendered under section 95 (an old licence); and (b) to transfer some or all of the operating authorities for the premises to which the old licence relates to the new premises. (2) Section 95(2A) to (2C) and (3) to (11) applies in the following way if all of the operating authorities are being transferred to the new premises— (a) subsections (2A) to (2C) do not apply to the operating authorities; (b) subsections (3) and (4) apply in relation to the surrender; (c) subsections (5) to (9) do not apply to the gaming machines that may, under the new licence, be installed on the new premises but do apply to any gaming machines that may not be installed on the new premises under that licence; (d) despite subsections (10) and (11), the surrender has effect when the new licence is issued by the chief executive under section 68. (3) Section 95(2A) to (2C) and (3) to (11) applies in the following way if only some of the operating authorities are being transferred to the new premises— (a) subsections (2A) to (2C) apply only to the operating authorities not being transferred; (b) subsections (3) and (4) apply in relation to the surrender; (c) subsections (5) to (9) apply only to the gaming machines not being installed on the new premises; (d) despite subsections (10) and (11), the surrender has effect when the new licence is issued by the chief executive under section 68. 95B Surrender of gaming machine licence being replaced—category 2 licensed premises (1) This section applies if the commission has decided to grant an application mentioned in section 56B(1) or (2) for a new gaming machine licence (a new licence) in place of a licence being surrendered under section 95. (2) Section 95(2D) to (11) applies in the following way— (a) subsections (2D) to (2F) do not apply; (b) subsections (3) and (4) apply in relation to the surrender; (c) subsections (5) to (9) do not apply; (d) despite subsections (10) and (11), the surrender has effect when the new licence is issued by the chief executive under section 68. 96 Action affecting gaming machine licences based on action affecting liquor licences (1) If a liquor licence is cancelled, transferred or surrendered, any associated gaming licence is cancelled. (1A) However, an associated gaming licence is not taken to be cancelled under subsection (1) if— (a) the commercial special facility licence for the associated gaming licence is surrendered merely because the licensee for the associated gaming licence is issued with a commercial hotel licence for the associated gaming licence; or (b) the commercial hotel licence for the associated gaming licence is surrendered merely because the licensee for the associated gaming licence is issued with a commercial special facility licence for the associated gaming licence. (2) If a liquor licence is suspended, any associated gaming licence is suspended for the same period as the liquor licence is suspended. (3) However, if an associated gaming licence relates to 2 or more premises, subsections (1) and (2) apply to the licence only to the extent it relates to the premises to which the liquor licence relates or related. (4) If the premises to which a liquor licence relates (the subject premises) are taken to be unlicensed premises under the Liquor Act 1992 and there is an associated gaming licence for the liquor licence, the premises, or the part of the premises to which the associated gaming licence relates, are taken not to be licensed premises under this Act for the same period as the subject premises are taken to be unlicensed premises under the Liquor Act 1992. (5) In this section— associated gaming licence, for a liquor licence, means a gaming machine licence for the premises, or a part of the premises, to which the liquor licence relates. 97 Cancellation or suspension of gaming machine licences and letters of censure (1) A ground for cancellation or suspension of a gaming machine licence arises if— (a) the licensee— (i) ceases to use the licensed premises for the conduct of gaming; or (ii) obtained the licence on false, erroneous or misleading information; or (iii) acquires, installs, locates, relocates or uses any gaming machine on the licensed premises contrary to this Act; or (iv) fails to comply with any provision of part 9; or (v) fails to comply with any condition to which the licence is subject under section 73; or (vi) fails to forward or lodge an affidavit in accordance with section 92(2); or (vii) fails to take all reasonable steps to establish and maintain satisfactory controls, and administrative and accounting procedures, for the conduct of gaming in carrying on the licensee's operations; or (b) the licensee or an associate of the licensee— (i) is convicted of an offence against this Act; or (ii) fails to discharge the licensee's or associate's financial commitments, becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or (iii) is affected by control action under the Corporations Act; or (iv) is convicted of an indictable offence punishable by imprisonment for 1 year or more (irrespective of whether the offence is also punishable by a fine in addition, or as an alternative, to imprisonment); or (v) is required to comply with any written direction given to the licensee or associate by the commission or chief executive, and fails to comply with the direction; or (vi) is required under this Act to supply information or material to the commission, the chief executive or an inspector, and fails to supply the information or material or supplies information or material that to the knowledge of the licensee or associate is false, erroneous or misleading in a material particular; or (vii) contravenes a provision of this Act (not being a provision a contravention of which is an offence against this Act, or a provision imposing a requirement of a kind mentioned in subparagraph (v) or (vi)); or (c) the chief executive— (i) considers that the licensee has not made all reasonable efforts to comply with section 261A(1); or (ia) considers that the licensee has contravened section 80B or 109C; or (ii) considers that the licensee has not made all reasonable efforts to enforce rules required to be enforced under section 237; or (iii) considers that the licensee or an associate of the licensee is not a fit and proper person in respect of financial stability, general reputation, character or business reputation to be a licensee or to be an associate of the licensee; or (iv) becomes aware of any information or matter that, had it been known when the application for the licence was being considered, the chief executive is of the opinion that the recommendation under section 57(1) would have been that the licence be refused; or (v) if the licensee is a category 2 licensee—considers— (A) that the licensee has ceased to be a non- proprietary club; or (B) that the proceeds from the conduct of gaming are being applied in a way that does not promote the objectives of the licensee; or (C) that the licensee has not been pursuing its objects or purposes in good faith; or (D) that payments made under the licensee's objects are not in the best interests of the licensee's members; or (E) that payments made for things purchased by the licensee are unreasonable; or (F) that salaries, wages, allowances or benefits paid or payable by the licensee to the licensee's executive officers or employees are unreasonable; or (G) that payments for services provided to the licensee are unreasonable or are on the basis of a percentage of the licensee's income, profits or earnings from the conduct of gaming or spending related to the conduct of gaming; or (H) that a matter mentioned in a paragraph of section 58(4) (other than paragraph (a)) exists in relation to the licensee. (2) If the chief executive is of the opinion that any act, omission or other thing that constitutes a ground under subsection (1) is of such a serious nature that the integrity of gaming or the conduct of gaming may be jeopardised or the public interest may be adversely affected, the chief executive must issue to the licensee a written notice to show cause why action should not be taken with respect to the gaming machine licence under this section. (3) The chief executive must give a copy of the notice to show cause to each person the chief executive believes is an interested person of the licensee. (4) Also, the chief executive may, by the notice to show cause— (a) require the licensee, within the period stated in the notice, to give a copy of the notice to each interested person of the licensee (other than an interested person to whom a copy of the notice is given under subsection (3)); and (b) if the chief executive considers it appropriate—require the licensee to give the copy in the way the chief executive considers appropriate. (5) The notice to show cause is to set out the grounds giving rise to its issue and is to specify a date, being not earlier than 21 days after such issue, on or before which cause is required to be shown. (6) The notice to show cause is to be in such form and contain such matters as the chief executive thinks fit, subject to this section. (7) If the chief executive makes a requirement of the licensee under subsection (4)(a) about an indirectly interested person of the licensee, the chief executive may, at the licensee's request, by written notice given to the licensee, designate the person to be an excluded interested person for the licensee. (8) However, the chief executive may designate a person to be an excluded interested person for the licensee only if the chief executive considers it would not be appropriate, or would be unreasonable, in the circumstances to require the licensee to give a copy of the notice to show cause to the person, having regard to the following issues— (a) the nature of the person's interest; (b) the likelihood of the person's interest not being affected adversely by a suspension or cancellation of the gaming machine licence; (c) the likelihood of the licensee's interest being improperly prejudiced; (d) another issue the chief executive considers relevant. (9) If a requirement is made of the licensee under subsection (4), the licensee must comply with the requirement, unless— (a) the licensee has a reasonable excuse; or (b) the interested person to whom the requirement relates is an excluded interested person for the licensee. Maximum penalty—40 penalty units. (10) Each person to whom the notice to show cause is issued may give a written answer to the chief executive at any time not later than the date specified in the notice in that respect. (11) Any person to whom a copy of the notice to show cause is given, or is required to be given, under this section may make such written submissions to the chief executive as the person thinks fit at any time not later than the date specified under subsection (5). (12) The chief executive is to consider any answers given in reply to the notice to show cause and any submissions made under subsection (11) and, if the chief executive considers that— (a) satisfactory answers are given or submissions made in reply to or in respect of the notice, the chief executive is not to take any action or any further action in relation to the notice and, by written notice, is to advise the licensee accordingly; or (b) answers given or submissions made in reply to or in respect of the notice are not satisfactory but action to cancel or suspend the gaming machine licence is not warranted, the chief executive may issue a letter of censure to the licensee, censuring the licensee in respect of any matter connected with or giving rise to the notice to show cause; or (c) answers given or submissions made in reply to or in respect of the notice are not satisfactory and further action is warranted or if no answers are given and no submissions are made, the chief executive may— (i) by written notice give such directions to the licensee as the chief executive considers appropriate to ensure that any matter connected with or giving rise to the issue of the notice is rectified within the time specified in the notice; or (ii) recommend to the commission that the gaming machine licence be cancelled or suspended. (13) If a direction given by the chief executive under subsection (12)(c)(i) is not complied with within the time specified in the notice, the chief executive may recommend to the commission that the gaming machine licence be cancelled or suspended. (14) If the chief executive is of the opinion that any act, omission or other thing that constitutes a ground under subsection (1) is not of such a serious nature that the integrity of gaming or the conduct of gaming may be jeopardised or the public interest may be adversely affected, the chief executive may by letter censure the licensee in respect of any matter connected with or giving rise to the ground. (15) If the chief executive makes a recommendation to the commission, the chief executive must submit the notice to show cause and answers, any submissions made and such other information or material in the chief executive's possession as the chief executive considers is relevant to the recommendation. (16) The commission, having regard to the recommendation of the chief executive, other matters referred to in subsection (15) and to such other information or material as the commission considers is relevant, may— (a) take no action with respect to the gaming machine licence if the commission considers action is not warranted; or (b) cause a letter of censure to be issued to the licensee in respect to any matter that the commission considers it proper to do so; or (c) by written notice give to the licensee any direction that the commission considers appropriate to ensure that any matter connected with or giving rise to the issue of the notice is rectified within the time specified in the notice; or (d) cancel the gaming machine licence or suspend the gaming machine licence for such period as the commission thinks fit. (17) If the commission gives a direction to the licensee under subsection (16) (c) and the licensee fails to comply with the direction within the time stated in the relevant notice, the commission may— (a) cancel the gaming machine licence; or (b) suspend the gaming machine licence for the period the commission considers appropriate. (18) If, under subsection (16), the commission decides to take no action about a gaming machine licence, the chief executive must immediately give the licensee written notice of the decision. (19) If the commission cancels or suspends a licence, the chief executive must immediately give the licensee an information notice for the decision to cancel or suspend the licence. (20) The cancellation or suspension of a licence under this section takes effect from the date of the issue of the notice under subsection (19) or from another date specified in the notice. (21) Upon receipt of a notice of cancellation under subsection (19), the person to whom the notice is addressed must cause the licence to be delivered to the chief executive within 14 days. Maximum penalty—40 penalty units. (22) The commission, having regard to any recommendation of the chief executive in that regard, may— (a) cancel the suspension in respect of the unexpired period of suspension; or (b) reduce the period of suspension; imposed under subsection (16)(d) or (17). (23) In the application of subsection (1)(c)(v)(H) to a category 2 licensee, a reference in a paragraph of section 58(4) to a club that is an applicant for a gaming machine licence is taken to be a reference to the licensee. (24) In this section— directly interested person, for a licensee, means— (a) an approved financier with whom the licensee has entered into an agreement or arrangement relating to operations conducted by the licensee under the licensee's gaming machine licence; or (b) a secured creditor of the licensee; or (c) for a category 2 licensee—a member of the licensee; or (d) for a category 2 licensee who transfers entitlements on a temporary basis under part 3B, division 3—the licensee to whom the entitlements are transferred; or (e) for a category 2 licensee to whom entitlements are transferred on a temporary basis under part 3B, division 3—the licensee who transfers the entitlements. excluded interested person, for a licensee, means an indirectly interested person of the licensee designated by the chief executive to be an excluded interested person for the licensee. indirectly interested person, for a licensee, means a person the licensee knows, or ought reasonably to know, has an interest in the licensee's gaming machine licence, but does not include a directly interested person of the licensee. interested person, for a licensee, means a directly or indirectly interested person of the licensee. 98 Immediate suspension of gaming machine licence (1) Where the commission, having regard to the advice of the chief executive, is of the opinion that any act, omission or other thing that constitutes a ground under section 97(1) is of such a serious nature that the integrity of gaming or the conduct of gaming is jeopardised or the public interest is adversely affected, the commission may suspend the gaming machine licence. (2) Where the commission suspends a gaming machine licence under subsection (1), the chief executive— (a) must immediately give the licensee an information notice for the decision to suspend the licence; and (b) is not to take any action under section 97(12)(a), (b), (c)(i) or (14), in respect of the licence without the approval of the commission. (3) The suspension of a gaming machine licence under this section takes effect from when the notice referred to in subsection (2) is given to the licensee or the suspension of the licence is made known to the licensee (whichever is the first to happen). (4) Without prejudice to a suspension under subsection (1), where the commission suspends a gaming machine licence under that subsection the chief executive is to take action under section 97 as if the chief executive had formed the opinion referred to in section 97(2) in respect of the act, omission or other thing that constitutes the ground referred to in subsection (1). (5) The suspension of a gaming machine licence under this section continues to have effect until the notice to show cause issued to the licensee by the chief executive in complying with subsection (4) is finally dealt with. 99 Suspension of gaming machine licence for non-payment of gaming machine tax, levy or penalty (1) This section applies if the amount (the required amount) a licensee is, under section 317(1), required to ensure is received by the chief executive for a month is not received by the chief executive on or before the due date for payment of the amount. (2) This section also applies if the amount of an instalment (also the required amount) a licensee is, because of a direction given to the licensee under section 317(2), required to ensure is received by the chief executive is not received by the chief executive on or before the due date for payment of the amount. (3) The chief executive may suspend the licensee's gaming machine licence. (4) The suspension— (a) must be effected by written notice (a suspension notice) given to the licensee with a notice to show cause (an associated show cause notice) issued to the licensee under section 97(2); and (b) operates immediately the suspension notice is given; and (c) continues to operate until the associated show cause notice is finally dealt with. (4A) The suspension notice must be accompanied by an information notice for the decision to suspend the licence. (5) The associated show cause notice must be a notice for which the ground for cancellation or suspension on which the notice is based is the ground that the licensee has failed to comply with section 317, and the ground must relate to the same omission as the suspension under subsection (3) relates. (6) Despite subsection (4)(c), if, before the associated show cause notice is finally dealt with, the outstanding amount for the required amount is received by the chief executive, or arrangements for payment of the outstanding amount satisfactory to the chief executive are entered into between the chief executive and licensee, the suspension of the gaming machine licence is cancelled. (7) The cancellation of a suspension under subsection (6) takes effect on receipt by the chief executive of the outstanding amount, or the entering into of the arrangements for payment of the outstanding amount. (8) In this section— due date for payment, for the required amount mentioned in subsection (1), means— (a) the day on or before which the amount is, under section 317(1), required to be received by the chief executive; or (b) if the chief executive, by written notice given to the licensee before the day mentioned in paragraph (a), fixes a later day—the later day fixed by the chief executive. due date for payment, for the required amount mentioned in subsection (2), means— (a) the day on or before which the amount is, under the direction, required to be received by the chief executive; or (b) if the chief executive, by written notice given to the licensee before the day mentioned in paragraph (a), fixes a later day—the later day fixed by the chief executive. outstanding amount, for the required amount, means the difference between the required amount and any amount received under section 317(1) by the chief executive, on or before the due date for payment of the required amount. 100 Effect of suspension of licence The suspension of a gaming machine licence under section 96, 97(16) or (17) or 98(1) has the same effect as the cancellation of the licence but without prejudice to— (a) any penalty or other liability incurred by the licensee; or (b) the exercise of the powers of the commission or the powers or authorities of the chief executive or an inspector. 101 Notices to interested persons (1) This section applies if the chief executive— (a) is required, under section 97(12)(a), not to take any action or any further action about a notice to show cause issued to a licensee under section 97(2); or (b) issues a letter of censure to a licensee under section 97(12)(b); or (c) gives directions to a licensee under section 97(12)(c); or (d) suspends a gaming machine licence under section 99(3). (2) This section also applies if, under section 97(16), the commission— (a) decides to take no action about a gaming machine licence; or (b) causes a letter of censure to be issued to a licensee; or (c) gives a direction to a licensee; or (d) cancels or suspends a gaming machine licence. (3) This section also applies if the commission— (a) cancels or suspends a gaming machine licence under section 97 (17); or (b) suspends a gaming machine licence under section 98(1). (4) As soon as practicable after an event mentioned in subsection (1), (2) or (3) happens, the chief executive must give written notice of the event to each person to whom the chief executive gave a copy of the relevant notice to show cause under section 97(3). (5) Also, the licensee must, within 7 days after receiving a show cause result notice for an event mentioned in subsection (1), (2) or (3), give a copy of the notice to each person to whom the licensee gave, or was required to give, a copy of the relevant notice to show cause because of a requirement under section 97(4). Maximum penalty—40 penalty units. (6) For subsections (4) and (5), an event for subsection (1)(a) is taken to be the arising of a requirement mentioned in the paragraph. (7) In this section— show cause result notice means— (a) a written notice given by the chief executive advising of— (i) the arising of a requirement mentioned in subsection (1)(a); or (ii) the making of a decision mentioned in subsection (2) (a); or (iii) the taking of action mentioned in subsection (1)(d), (2)(d) or (3)(a) or (b); or (b) a letter of censure mentioned in subsection (1)(b) or (2)(b); or (c) the notice by which a direction mentioned in subsection (1)(c) or (2)(c) is given. 102 Gaming machines not to be played Where a gaming machine licence is issued to a person and the licence is not in force, that person must not play, or knowingly permit any other person to play, gaming machines provided to that person. Maximum penalty—1000 penalty units or 5 years imprisonment. 103 Amounts payable under gaming machine licence that ceases to have effect The cancellation, surrender or non-renewal of a gaming machine licence does not affect— (a) the force or effect of the conditions of licence in respect of any amounts that are payable at the time of cancellation, surrender or non-renewal or which become payable; or (b) the recovery of debts due under this Act to the Crown. 104 Disposal of gaming machines on cancellation or non-renewal of gaming machine licence (1) This section applies if a gaming machine licence— (a) is cancelled; or (b) is not renewed (whether or not the non-renewal follows the making of an application for renewal). (3) The chief executive must, by written notice given to the person who held the licence, immediately approve the way in which the gaming machines may be disposed of. (4) The approval under subsection (3) may provide for the disposal of the gaming machines by sale or destruction of the machines. (5) The person to whom notice of an approval is given under subsection (3) must dispose of the gaming machines to which the approval relates— (a) within 1 month after receiving the notice; or (b) if the chief executive extends, or further extends, the period for the disposal, by written notice given to the person in the period or extended period—within the period as extended. Editor's note— Section 104(5) does not deal with the issue of the disposal of privately acquired gaming machines contrary to an approval. However, in this regard, see sections 265 (Manufacture, sale, supply, obtaining or possession of gaming machines) and 277 (Destruction of gaming machines). Maximum penalty—200 penalty units. (6) The chief executive may give an extension for subsection (5)(b) only if the chief executive considers it is appropriate to take the action in the circumstances of the particular case. 105 Destruction of fingerprints If a person who is an individual ceases to be a licensee, the chief executive must have any fingerprints of the person taken for the application for the gaming machine licence destroyed as soon as practicable. 106 Appointment of administrator instead of suspension (1) Without derogating from section 97 or 98, the commission may, in respect of a category 2 licensee, instead of suspending a gaming machine licence under section 97(16) or (17) or 98(1), appoint a person to administer the affairs of the licensee. (2) A person appointed under subsection (1) has, to the exclusion of any other person or body of persons, the powers of the secretary and executive officers of the licensee until the commission orders otherwise. (3) This section and sections 107 and 108 apply despite the Corporations Act. 107 Expenses of administration (1) The expenses of and incidental to the administration of the affairs of a category 2 licensee by a person appointed under section 106 are payable by the licensee. (2) The remuneration of a person so appointed is an expense referred to in subsection (1) and is to be fixed by the commission. 108 Liability for losses incurred during administration (1) A person appointed by the commission to administer the affairs of a category 2 licensee is not liable for any loss incurred by the licensee during the person's term of office unless the loss was attributable to the person's— (a) wilful misconduct; or (b) gross negligence; or (c) wilful failure to comply with any provision of this Act. (2) Neither the Crown nor the commission is liable for any loss incurred by a category 2 licensee during the term of office of a person appointed under section 106 to administer the affairs of the licensee, whether or not the person is liable. 109 Special authorisation to conduct gaming (1) This section applies if— (a) a person holds licences under the Liquor Act 1992 and this Act for the same premises; and (b) a person applies under the Liquor Act 1992, part 5, division 2 for authorisation to conduct the business of a licensee under that Act on the premises. (2) The applicant must give a copy of the application to the chief executive. (3) If a person (the substitute licensee) is authorised under the Liquor Act 1992, part 5, division 2 to conduct the business of a licensee under that Act on the premises, the chief executive may grant a concurrent authorisation to the substitute licensee under this section. Editor's note— See the Liquor Act 1992, section 131A (Decision by chief executive on application to continue trading in certain circumstances). (4) While an authorisation under this section remains in force, the substitute licensee— (a) is authorised to conduct gaming on the licensed premises as if the substitute licensee were the licensee under the gaming machine licence; and (b) is subject to all the liabilities of the licensee under the gaming machine licence. (5) An authorisation under this section is terminated if— (a) the chief executive gives written notice of termination to the substitute licensee; or (b) the authorisation under the Liquor Act 1992 is revoked or comes to an end. 109A Limit on number of operating authorities (1) The maximum number of operating authorities under this Act is the number prescribed under a regulation. (2) For this Act, operating authorities of the number prescribed under subsection (1) are declared to exist. (3) Subsection (4) applies if the Minister intends to recommend to the Governor in Council the making of a regulation that will change the maximum number of operating authorities to a number that is greater than the number prescribed under the first regulation made under subsection (1). (4) Before making the recommendation, the Minister must have regard to whether the population of the State has grown. 109B Sale of operating authority An operating authority may be sold only by an entity (the selling entity), and in the way, prescribed under a regulation. 109C Purchase of operating authority at authorised sale (1) A person must not purchase an operating authority unless— (a) the person is a category 1 licensee and purchases the operating authority at an authorised sale; and (b) the person has, for the category 1 licensed premises for which the operating authority is purchased, an approved number of gaming machines that is more than the licensee's endorsed number of operating authorities; and (c) unless the authorised sale is conducted for the whole of the State—the category 1 licensed premises for which the operating authority is purchased are located in the authority region for which the authorised sale is conducted. Maximum penalty—200 penalty units. (2) A person must not, for category 1 licensed premises, purchase more than the number of operating authorities equal to the difference between the approved number of gaming machines and the endorsed number of operating authorities for the licensed premises. Maximum penalty—200 penalty units. (3) If an operating authority is transferred to a person by the operation of section 78(5) or 79(2), the person is taken not to have purchased the operating authority. 109D Dealing with amounts received on sale of operating authorities of the State If at an authorised sale an operating authority of the State is sold, the selling entity must pay the amount received for the authority into the community investment fund established under section 314. 109E Dealing with amounts received on sale of licensee's operating authority (1) If at an authorised sale only 1 licensee's operating authorities are sold, the selling entity must deal with the amount received for the authorities as follows— (a) a percentage of the amount received must be paid into the community investment fund established under section 314; (b) the balance must be paid to the licensee. (2) If at an authorised sale 2 or more licensee's operating authorities are sold, the selling entity must deal with the amount received for the authorities as follows— (a) a percentage of the amount received for all of the authorities sold must be paid into the community investment fund established under section 314; (b) the balance must be paid to the licensees in the amounts worked out as provided for under a regulation. (3) The selling entity must calculate the amount to be paid into the community investment fund under subsection (2)(a) in the way prescribed under a regulation. (4) The percentage mentioned in subsections (1)(a) and (2)(a) is the percentage prescribed under a regulation. (5) In this section— licensee, in relation to an operating authority, includes a person other than a licensee if the person was a licensee and the operating authority is sold for the person at an authorised sale. 109F When operating authorities become operating authorities of the State (1) An operating authority of a licensee becomes an operating authority of the State and stops being an operating authority of the licensee by operation of this subsection if the licensee's gaming machine licence— (a) expires under section 72; or (b) is not renewed under section 76; or (c) lapses under section 80A(1); or (d) is cancelled under section 96 because the licensee's liquor licence is cancelled or surrendered; or (e) is cancelled under section 97(16)(d) or (17)(a). (2) Subsection (3) applies if, at any time, the endorsed number of operating authorities for licensed premises is more than the approved number of gaming machines for the licensed premises because of— (a) the operation of section 80A(2) or 85AA(2) or (3); or (b) the approval of a decrease proposal that is a request or report under section 87(1); or (c) other circumstances prescribed under a regulation. (3) The number of operating authorities that is more than the approved number of gaming machines for the licensed premises stop being operating authorities of a licensee and become operating authorities of the State by operation of this subsection. 109G Compensation is not payable No compensation is payable to a licensee or other person because an operating authority of the licensee or person becomes an operating authority of the State by operation of this Act. 109H Operating authority not to be encumbered An encumbrance to the extent it is over an operating authority is of no effect. 109I Issuing replacement gaming machine licence to show endorsed number of operating authorities (1) This section applies if a category 1 licensee purchases an operating authority or a selling entity sells, for a category 1 licensee, an operating authority for category 1 licensed premises. (2) The licensee must, within 7 days after the purchase or sale of the operating authority, give to the chief executive— (a) the licensee's gaming machine licence; and (b) the fee prescribed under a regulation. Maximum penalty—40 penalty units. (3) If the chief executive receives a gaming machine licence for a licensee under subsection (2), the chief executive must as soon as practicable— (a) replace the licensee's licence; and (b) give the replacement licence to the licensee. (4) The replacement licence must include the information mentioned in section 68(2)(d). 109J Limit on number of entitlements (1) The maximum number of entitlements under this Act is the number prescribed under a regulation. (2) For this Act, entitlements of the number prescribed under subsection (1) are declared to exist. 109K Entitlements are transferable (1) An entitlement for a category 2 licensed premises is transferable. (2) However, a transfer of an entitlement for category 2 licensed premises does not have any effect unless the commission approves the transfer under this part. 109L Definitions for div 2 In this division— category 2 licensee, for transferor licensed premises, includes a category 2 licensee— (a) who has surrendered the licensee's gaming machine licence; and (b) whose entitlements must, under section 95(2D), be transferred on a permanent basis within 1 year after the surrender. licensed premises, of a category 2 licensee who has surrendered the licensee's gaming machine licence, means the premises that were the licensed premises under the licence before its surrender. transferee licensed premises see section 109M(1). transferee licensee see section 109M(1). transferor licensed premises see section 109M(1). transferor licensee see section 109M(1). 109M Application for approval (1) A category 2 licensee (the transferor licensee) for licensed premises (the transferor licensed premises) may apply to the chief executive for approval of a transfer of entitlements for the licensed premises to the licensee (the transferee licensee) of other category 2 licensed premises (the transferee licensed premises) on a permanent basis. (2) The reference to other category 2 licensed premises in subsection (1) includes a reference to other premises to which the transferor licensee's licence relates. (3) The application must be— (a) in the approved form; and (b) accompanied by— (i) the details of the transfer prescribed under a regulation; and (ii) the fee, if any, prescribed under a regulation. (4) The chief executive must make a recommendation to the commission about whether to grant or refuse to grant the application. (5) The commission must grant the application if the requirements mentioned in sections 109N to 109P are satisfied. (6) If the commission grants the application, the chief executive must give the transferor licensee and the transferee licensee written notice of the decision. (7) The commission must refuse to grant the application if the requirements mentioned in sections 109N to 109P are not satisfied. (8) If the commission refuses to grant the application, the chief executive must give the transferor licensee a written notice stating the decision and the reasons for the decision. 109N Requirement about consideration for the transfer (1) For section 109M(5), requirements about consideration for the transfer are stated in subsections (2) and (3). (2) Any consideration for the transfer must be— (a) monetary; and (b) not— (i) less than the amount, if any, prescribed under a regulation; or (ii) more than the amount, if any, prescribed under a regulation. (3) Also, the consideration for the transfer must not give the transferor licensee a direct or indirect interest in, or percentage or share of either of the following on the transferee licensee's licensed premises— (a) the amount bet for the purpose of gaming; (b) moneys, revenues, profits or earnings from the conduct of gaming. 109O Requirements about transferor licensed premises (1) For section 109M(5), requirements about the transferor licensed premises are stated in subsections (2) to (6). (2) Subsection (3) applies if the chief executive has granted an application made by the transferor licensee under section 86 for a decrease in the approved number of gaming machines for the transferor licensed premises. (3) The number of entitlements the subject of the transfer must not be more than the difference between the endorsed number of entitlements for the transferor licensed premises and the approved number of gaming machines for the transferor licensed premises after the decrease. (4) If the transferor licensee has surrendered the licensee's licence under section 95(1), the number of entitlements the subject of the transfer must not be more than the endorsed number of entitlements for the transferor licensed premises. (5) Subsection (6) applies if the transferor licensee has given the chief executive notice under section 91A(2) that the conduct of gaming has ceased at the transferor licensed premises. (6) The number of entitlements the subject of the transfer must not be more than the endorsed number of entitlements for the transferor licensed premises at which gaming has ceased. 109P Requirements about transferee licensed premises (1) For section 109M(5), requirements about the transferee licensed premises are stated in subsections (2) to (4). (2) The approved number of gaming machines for the transferee licensed premises must be more than the sum of— (a) the endorsed number of entitlements for the licensed premises; and (b) the number of entitlements for other licensed premises that have been transferred to the transferee licensee on a temporary basis under division 3. (3) The number of entitlements the subject of the transfer must not be more than the difference between the approved number of gaming machines and the sum of the entitlements mentioned in subsection (2). (4) The transferee licensed premises must be located in the same entitlement region in which the transferor licensed premises are located. 109Q Variation of terms of transfer (1) This section applies if— (a) the commission has, under section 109M, approved the transfer, by the transferor licensee, of entitlements for the transferor licensed premises to the transferee licensee on a permanent basis under this division; and (b) the transfer has not yet taken place; and (c) the licensees propose to vary the consideration for the transfer. (2) The transferor licensee must apply to the chief executive for approval of the variation. (3) The application must be— (a) in writing; and (b) accompanied by the fee, if any, prescribed under a regulation. (4) The chief executive must make a recommendation to the commission about whether to grant or refuse to grant the application. (5) The commission must grant the application if the requirement mentioned in section 109N will still be satisfied. (6) If the commission grants the application, the chief executive must give the transferor licensee a written notice of the decision. (7) The commission must refuse to grant the application if the requirement mentioned in section 109N will not be satisfied. (8) If the commission refuses to grant the application, the chief executive must give the transferor licensee a written notice stating the decision and the reasons for the decision. 109R Issuing replacement gaming machine licence to show endorsed number of entitlements (1) This section applies if entitlements for the transferor licensed premises are transferred by the transferor licensee to the transferee licensee on a permanent basis under this division. (2) Each of the licensees must, within 14 days after the day of the transfer, give to the chief executive— (a) the licensee's gaming machine licence; and (b) the fee prescribed under a regulation. Maximum penalty—40 penalty units. (3) If the chief executive receives a gaming machine licence for a licensee under subsection (2), the chief executive must as soon as practicable— (a) replace the licensee's licence; and (b) give the replacement licence to the licensee. (4) The replacement licence must include the following— (a) the information mentioned in section 68(2)(e); (b) the number of entitlements for the licensed premises that have been transferred to the licensee of other licensed premises on a temporary basis under division 3; (c) the number of entitlements for other licensed premises that have been transferred to the licensee on a temporary basis under division 3; (d) if the licensee received a notice under section 88A(1) or (2) relating to a decision approving a decrease in the approved number of gaming machines for the licensee's licensed premises—the number of entitlements for the licensed premises that must, under section 87 (9), be transferred on a permanent basis under this division. (5) This section does not apply to a transferor licensee's licence surrendered under section 95(1). 109S Definitions for div 3 In this division— transferee licensed premises see section 109T(1). transferee licensee see section 109T(1). transferor licensed premises see section 109T(1). transferor licensee see section 109T(1). 109T Application for approval (1) A category 2 licensee (the transferor licensee) for licensed premises (the transferor licensed premises) may apply to the chief executive for approval of a transfer of entitlements for the licensed premises for the use of the entitlements by the licensee (the transferee licensee) at other category 2 licensed premises (the transferee licensed premises) on a temporary basis. (2) The reference to other category 2 licensed premises in subsection (1) includes a reference to other premises to which the transferor licensee's licence relates. (3) The application must be— (a) in the approved form; and (b) signed by both the transferor licensee and the transferee licensee; and (c) accompanied by— (i) the details of the transfer prescribed under a regulation; and (ii) the fee, if any, prescribed under a regulation. (4) The chief executive must ensure the approved form includes information about the effect on transferred entitlements of— (a) the surrender, suspension or cancellation of a transferor licensee's licence or a transferee licensee's licence; or (b) the licensee of licensed premises to which a transfer relates ceasing to conduct gaming at the premises. (5) The chief executive must make a recommendation to the commission about whether to grant or refuse to grant the application. (6) The commission must grant the application if the requirements mentioned in sections 109U to 109W are satisfied. (7) If the commission grants the application, the chief executive must give the transferor licensee and the transferee licensee written notice of the decision. (8) The commission must refuse to grant the application if the requirements mentioned in sections 109U to 109W are not satisfied. (9) If the commission refuses to grant the application, the chief executive must give the transferor licensee a written notice stating the decision and the reasons for the decision. 109U Requirements about transfer period and consideration for the transfer (1) For section 109T(6), requirements about the period of the transfer and the consideration for the transfer are stated in subsections (2) to (4). (2) The period of the transfer must not be less than 1 year or more than 8 years. (3) Any consideration for the transfer must be— (a) monetary; and (b) not— (i) less than the amount, if any, prescribed under a regulation; or (ii) more than the amount, if any, prescribed under a regulation. (4) Also, the consideration for the transfer must not give the transferor licensee a direct or indirect interest in, or percentage or share of either of the following on the transferee licensee's licensed premises— (a) the amount bet for the purpose of gaming; (b) moneys, revenues, profits or earnings from the conduct of gaming. 109V Requirements about transferor licensed premises (1) For section 109T(6), requirements about the transferor licensed premises are stated in subsections (2) to (6). (2) The approved number of gaming machines for all licensed premises to which the transferor licensee's licence relates must be less than 30. (3) The transferor licensee must not, during the 3 years ending on the day of the proposed transfer of the entitlements the subject of the transfer, have been notified— (a) under section 58 of the grant of the licence for the transferor licensed premises; or (b) under section 63 of the approval of additional premises as premises to which the transferor licensee's licence relates; or (c) under section 83 of an approval to increase the approved number of gaming machines for the transferor licensed premises. (4) None of the entitlements for the transferor licensed premises must be— (a) currently transferred under this division for use on a temporary basis at other category 2 licensed premises; or (b) required under section 87(9) to be transferred on a permanent basis under division 2. (5) None of the entitlements for other category 2 licensed premises must be currently transferred under this division for use on a temporary basis at the transferor licensed premises. (6) Subsection (3) does not apply if— (a) at the time the transferor licensee was notified as mentioned in subsection (3), entitlements for the transferor licensed premises, equal in number to the approved number of gaming machines for the premises, were transferred under section 78(5) or 78A(7) to the transferor licensee; and (b) at the time the application was made under section 109T, the transferor licensee had installed the number of gaming machines fixed under section 59 for the transferor licensed premises. 109W Requirements about transferee licensed premises (1) For section 109T(6), requirements about the transferee licensed premises are stated in subsections (2) to (5). (2) The approved number of gaming machines for the transferee licensed premises must be more than the sum of— (a) the endorsed number of entitlements for the licensed premises; and (b) the number of entitlements for other licensed premises that have been transferred to the transferee licensee on a temporary basis under this division. (3) The number of entitlements the subject of the transfer must not be more than the difference between the approved number of gaming machines and the sum of the entitlements mentioned in subsection (2). (4) The transferee licensed premises must be located in the same entitlement region in which the transferor licensed premises are located. (5) None of the entitlements for the transferee licensed premises must be— (a) currently transferred under this division for use on a temporary basis at other category 2 licensed premises; or (b) required under section 87(9) to be transferred on a permanent basis under division 2. 109X Variation of terms of transfer (1) This section applies if— (a) the commission has, under section 109T, approved the transfer, by the transferor licensee, of entitlements for the transferor licensed premises to the transferee licensee on a temporary basis under this division; and (b) the licensees propose to vary the period of the transfer or the consideration for the transfer. (2) The transferor licensee must apply to the chief executive for approval of the variation. (3) The application must be— (a) in writing; and (b) accompanied by the fee, if any, prescribed under a regulation. (4) The chief executive must make a recommendation to the commission about whether to grant or refuse to grant the application. (5) The commission must grant the application if the requirements mentioned in section 109U will still be satisfied. (6) If the commission grants the application, the chief executive must give the transferor licensee written notice of the decision. (7) The commission must refuse to grant the application if the requirements mentioned in section 109U will not be satisfied. (8) If the commission refuses to grant the application, the chief executive must give the transferor licensee a written notice stating the decision and the reasons for the decision. 109Y Issuing replacement gaming machine licence (1) This section applies if entitlements for the transferor licensed premises are transferred by the transferor licensee to the transferee licensee on a temporary basis under this division. (2) Each of the licensees must, within 14 days after the day of the transfer, give to the chief executive— (a) the licensee's gaming machine licence; and (b) the fee prescribed under a regulation. Maximum penalty—40 penalty units. (3) If the chief executive receives a gaming machine licence for a licensee under subsection (2), the chief executive must as soon as practicable— (a) replace the licensee's licence; and (b) give the replacement licence to the licensee. (4) The replacement licence must include— (a) the information mentioned in section 68(2)(e); and (b) the number of entitlements for the transferor licensed premises that have been transferred by the transferor licensee to the transferee licensee on a temporary basis under this division. 109Z Register of transferred entitlements (1) This section applies if entitlements for the transferor licensed premises are transferred by the transferor licensee to the transferee licensee on a temporary basis under this division. (2) The transferor licensee must, during the period of the transfer, keep a register at the transferor licensed premises stating the following— (a) the number of entitlements the subject of the transfer; (b) the name, and licence number, of the transferee licensee; (c) the address of the transferee licensed premises; (d) the period of the transfer. Maximum penalty—20 penalty units. (3) The transferor licensee must keep the register mentioned in subsection (2) available for inspection by an inspector. Maximum penalty—20 penalty units. (4) The transferee licensee must, during the period of the transfer, keep a register at the transferee licensed premises stating the following— (a) the number of entitlements the subject of the transfer; (b) the name, and licence number, of the transferor licensee; (c) the address of the transferor licensed premises; (d) the period of the transfer. Maximum penalty—20 penalty units. (5) The transferee licensee must keep the register mentioned in subsection (4) available for inspection by an inspector. Maximum penalty—20 penalty units. 109ZA When entitlement becomes entitlement of the State (1) An entitlement of a licensee becomes an entitlement of the State and stops being an entitlement of the licensee by operation of this subsection if the licensee's gaming machine licence— (a) expires under section 72; or (b) is not renewed under section 76; or (c) lapses under section 80A(1); or (d) is cancelled under section 96 because the licensee's liquor licence is transferred, cancelled or surrendered; or (e) is cancelled under section 97(16)(d) or (17)(a). (2) Subsection (3) applies if, at any time, the endorsed number of entitlements for licensed premises is more than the approved number of gaming machines for the licensed premises because of— (a) the operation of section 80A(2) or 85AA(2) or (3); or (b) the approval of a decrease proposal that is a request or report under section 87(1); or (c) other circumstances prescribed under a regulation. (3) The entitlements that are more in number than the approved number of gaming machines for the licensed premises stop being entitlements of a licensee and become entitlements of the State by operation of this subsection. (4) A temporary transfer ends if the entitlement that is the subject of the temporary transfer becomes an entitlement of the State under subsection (1) or (3). 109ZB Compensation is not payable No compensation is payable to a licensee or other person because an entitlement of the licensee or person becomes an entitlement of the State by operation of this Act. 109ZC Sale of entitlement of the State An entitlement of the State may be sold only by an entity (an entitlement selling entity), and in the way, prescribed under a regulation. 109ZD Purchase of entitlement at authorised entitlements sale (1) A person must not purchase an entitlement at an authorised entitlements sale unless— (a) the person is a category 2 licensee; and (b) the person has, for the category 2 licensed premises for which the entitlement is purchased, an approved number of gaming machines for the licensed premises that is more than the sum of— (i) the endorsed number of entitlements for the licensed premises; and (ii) the number of entitlements for other licensed premises that have been transferred to the licensee on a temporary basis under division 3; and (c) the licensed premises for which the entitlement is purchased are located in the entitlement region for which the authorised entitlements sale is conducted. Maximum penalty—200 penalty units. (2) Subsection (1)(c) does not apply if the authorised entitlements sale is conducted for the whole of Queensland. (3) A person must not, for category 2 licensed premises, purchase at an authorised entitlements sale more than the number of entitlements equal to the difference between— (a) the approved number of gaming machines for the licensed premises; and (b) the sum of— (i) the endorsed number of entitlements for the licensed premises; and (ii) the number of entitlements for other licensed premises that have been transferred to the licensee on a temporary basis under division 3. Maximum penalty—200 penalty units. 109ZE Dealing with amount received on sale of entitlement of the State If an entitlement of the State is sold at an authorised entitlements sale, the entitlement selling entity must pay the amount received for the entitlement into the community investment fund established under section 314. 109ZF Entitlement not to be encumbered An encumbrance to the extent it is over an entitlement is of no effect. 109ZG Change in endorsed number of entitlements for licensed premises (1) This section applies if there is a change in the endorsed number of entitlements for licensed premises other than because of the transfer of an entitlement for the premises on a permanent basis under division 2. (2) The licensee must, within 14 days after the day of the change, give to the chief executive— (a) the licensee's gaming machine licence; and (b) the fee prescribed under a regulation. Maximum penalty—40 penalty units. (3) If the chief executive receives a gaming machine licence for a licensee under subsection (2), the chief executive must as soon as practicable— (a) replace the licensee's licence; and (b) give the replacement licence to the licensee. (4) The replacement licence must include the following— (a) the information mentioned in section 68(2)(e); (b) the number of entitlements for the licensed premises that have been transferred to the licensee of other licensed premises on a temporary basis under division 3; (c) the number of entitlements for other licensed premises that have been transferred to the licensee on a temporary basis under division 3; (d) if the licensee received a notice under section 88A(1) or (2) relating to a decision approving a decrease in the approved number of gaming machines for the licensee's licensed premises—the number of entitlements for the licensed premises that must, under section 87 (9), be transferred on a permanent basis under division 2. 109ZH Decrease in, or end of, temporary transfer of entitlements (1) This section applies if there is— (a) a decrease in the number of entitlements for licensed premises transferred by a transferor licensee to a transferee licensee on a temporary basis under division 3; or (b) an end to the transfer of entitlements by a transferor licensee to a transferee licensee on a temporary basis under division 3. (2) Each of the licensees must, within 14 days after the day of the decrease mentioned in subsection (1)(a) or ending mentioned in subsection (1)(b), give to the chief executive— (a) the licensee's gaming machine licence; and (b) the fee prescribed under a regulation. Maximum penalty—40 penalty units. (3) Subsection (2) does not apply to a licensee whose gaming machine licence— (a) expires under section 72; or (b) is not renewed under section 76; or (c) lapses under section 80A(1); or (d) is cancelled under section 96 because the licensee's liquor licence is cancelled or surrendered; or (e) is cancelled under section 97(16)(d) or (17)(a). (4) If the chief executive receives a gaming machine licence for a licensee under subsection (2), the chief executive must as soon as practicable— (a) replace the licensee's licence; and (b) give the replacement licence to the licensee. (5) The replacement licence must include the following— (a) the information mentioned in section 68(2)(e); (b) the number of entitlements for the licensed premises that have been transferred to the licensee of other licensed premises on a temporary basis under division 3; (c) the number of entitlements for other licensed premises that have been transferred to the licensee on a temporary basis under division 3; (d) if the licensee received a notice under section 88A(1) or (2) relating to a decision approving a decrease in the approved number of gaming machines for the licensee's licensed premises—the number of entitlements for the licensed premises that must, under section 87 (9), be transferred on a permanent basis under division 2. 109ZI Effect of appointment of controller (1) Subsection (2) applies if— (a) entitlements have been transferred to a licensee on a temporary basis under division 3; and (b) a controller is appointed in relation to the property of the licensee. (2) The temporary transfer of the entitlements ends on the day the controller is appointed. (3) In this section— controller see the Corporations Act, section 9. 109ZJ Review of provisions relating to entitlements The chief executive must, within 2 years after the commencement of this section, start a review of the operation of the provisions of this Act relating to entitlements. 110 References to particular licensed suppliers In this Act, a reference to a licensed supplier in association with a reference to a supplier's licence is a reference to the licensed supplier who holds the supplier's licence. 111 References to particular suppliers' licences In this Act, a reference to a supplier's licence in association with a reference to a licensed supplier is a reference to the supplier's licence held by the licensed supplier. 112 Suitability of applicants for, and holders of, suppliers' licences (1) This section applies to the chief executive in deciding whether— (a) an applicant (the involved body) for a monitoring operator's licence, or a licensed monitoring operator (also the involved body), is a suitable person to hold a monitoring operator's licence; or (b) an applicant (also the involved body) for a major dealer's licence, or a licensed major dealer (also the involved body), is a suitable person to hold a major dealer's licence; or (c) an applicant (also the involved body) for a secondary dealer's licence, or a licensed secondary dealer (also the involved body), is a suitable person to hold a secondary dealer's licence; or (d) an applicant (also the involved body) for a testing facility operator's licence, or a licensed testing facility operator (also the involved body), is a suitable person to hold a testing facility operator's licence. (2) The chief executive must have regard to the following issues— (a) the involved body's business reputation; (b) the involved body's current financial position and financial background; (c) for the secretary and each executive officer of the involved body— (i) the person's character; and (ii) the person's current financial position and financial background; (d) the involved body's general suitability to hold a supplier's licence of the kind applied for, or held, by the involved body; (e) whether the involved body has, or has arranged, a satisfactory ownership, trust or corporate structure; (f) whether the involved body has, or is able to obtain, enough financial resources to ensure the financial viability of operations conducted under a supplier's licence of the kind applied for, or held, by the involved body; (g) whether the involved body has, or is able to obtain, the services of persons with appropriate business ability, knowledge or experience to enable the involved body to successfully conduct operations under a supplier's licence of the kind applied for, or held, by the involved body; (h) if the involved body has a business association with another entity— (i) the entity's character or business reputation; and (ii) the entity's current financial position and financial background; (i) any other issue prescribed under a regulation. 113 Suitability of associates (1) This section applies to the chief executive in deciding whether— (a) an associate of an applicant for a monitoring operator's licence, or of a licensed monitoring operator, is a suitable person to be associated with the monitoring operations of a licensed monitoring operator; or (b) an associate of an applicant for a major dealer's licence, or of a licensed major dealer, is a suitable person to be associated with the supply operations of a licensed major dealer; or (c) an associate of an applicant for a secondary dealer's licence, or of a licensed secondary dealer, is a suitable person to be associated with the supply operations of a licensed secondary dealer; or (d) an associate of an applicant for a testing facility operator's licence, or a licensed testing facility operator, is a suitable person to be associated with the testing operations of a licensed testing facility operator. (2) The chief executive must have regard to the following issues— (a) the associate's character or business reputation; (b) the associate's current financial position and financial background; (c) if the associate has a business association with another entity— (i) the entity's character or business reputation; and (ii) the entity's current financial position and financial background; (d) any other issue prescribed under a regulation. 114 Other issues about suitability Sections 112 and 113 do not limit the issues the chief executive may have regard to in deciding a matter to which the section relates. 115 Application for licence (1) An application for a supplier's licence may be made only by a body corporate. (2) An application must— (a) be made to the chief executive; and (b) be in the approved form. (3) An application must be accompanied by the following— (a) a copy of the certificate of registration or incorporation as a body corporate of the applicant; (b) a copy of the memorandum and articles of association, rules, constitution or other incorporating documents of the applicant, in force when making the application; (c) a copy of the last audited balance sheet or statement of the financial affairs of the applicant; (d) a disclosure affidavit; Editor's note— Section 182 (Disclosure affidavits about persons having influence or receiving benefits) deals with the requirements for disclosure affidavits. (e) the application fee prescribed under a regulation. (4) The copy of a document mentioned in subsection (3)(b) or (c) must be certified as a true copy by the secretary of the applicant or another person authorised by the applicant to make the certification. 116 Further information to support application (1) The chief executive may, by written notice given to an applicant or an associate of an applicant for a supplier's licence, require the applicant or associate to give the chief executive further information about the application within the reasonable time stated in the notice. (2) A notice under subsection (1) must relate to information the chief executive considers reasonable for making a recommendation to the commission about the application. 117 Change in circumstances of applicant (1) This section applies to an applicant for a supplier's licence if, before the application is granted or refused, a change happens affecting— (a) information contained in, or accompanying, the application (other than information contained in a disclosure affidavit); or (b) information contained in, or accompanying, a notice, or the last notice, given to the chief executive under this section by the applicant. (2) Within 7 days after the change, the applicant must give written notice of the change to the chief executive. Maximum penalty—100 penalty units. 118 Fresh disclosure affidavit by applicant (1) This section applies to an applicant for a supplier's licence if, before the application is granted or refused, a change happens affecting information contained in— (a) the disclosure affidavit that accompanied the application; or (b) a disclosure affidavit, or the last disclosure affidavit, given to the chief executive under this section by the applicant. (2) Within 7 days after the change, the applicant must give a fresh disclosure affidavit to the chief executive. Maximum penalty—100 penalty units. 119 Consideration of application The chief executive must consider an application for a supplier's licence as soon as practicable after receiving the application. 120 Investigations about application (1) In considering an application for a supplier's licence, the chief executive must conduct the investigations the chief executive considers are necessary to help the chief executive decide— (a) whether the applicant is a suitable person to hold a supplier's licence of the kind applied for; and (b) if there is a disclosed associate for the applicant—whether the associate is a suitable person to be associated with the operations of a licensed supplier holding a supplier's licence of the kind applied for. (2) Without limiting subsection (1), the chief executive may conduct the investigations the chief executive considers are necessary to help the chief executive decide whether a general associate of the applicant is a suitable person to be associated with the operations of a licensed supplier holding a supplier's licence of the kind applied for. 121 Recommendation about application (1) After completing the consideration of an application for a supplier's licence, the chief executive must recommend to the commission the application be granted or refused. (2) In making a recommendation, the chief executive must have regard to— (a) the suitability of the applicant to hold a supplier's licence of the kind applied for; and (b) for a person who is a disclosed associate of the applicant—the suitability of the person to be associated with the operations of a licensed supplier holding a supplier's licence of the kind applied for. (3) Also, if the chief executive considers it is appropriate, the chief executive may, in making a recommendation, have regard to the suitability of a general associate of the applicant to be associated with the operations of a licensed supplier holding a supplier's licence of the kind applied for. (4) The chief executive may recommend the granting of an application only if the chief executive is satisfied the applicant is a suitable person to hold a supplier's licence of the kind applied for. (4A) A recommendation to grant an application may be subject to the reasonable conditions the chief executive decides. (5) The chief executive may recommend the refusal of an application if— (a) the chief executive has given a notice to the applicant, or a disclosed associate of the applicant, requiring the applicant or associate to give further information about the application; and (b) the applicant or associate has failed, without reasonable excuse, to give the information to the chief executive within the time stated in the notice. (6) If the commission has delegated its powers under section 122 in relation to an application for a supplier's licence to the chief executive, the chief executive— (a) is not required to make a recommendation about the application under this section; but (b) must have regard to the issues mentioned in subsection (2), and, if appropriate, may have regard to the issue mentioned in subsection (3), as if the chief executive were dealing with the application for making a recommendation under this section. 122 Decision about application (1) The commission may grant or refuse to grant an application for a supplier's licence. (2) Before making its decision, the commission may, by written notice given to the applicant, or a disclosed associate of the applicant, require the applicant or associate to give the commission further information about the application within the reasonable time stated in the notice. (3) A notice under subsection (2) must relate to information the commission considers reasonable for making a decision about the application. (4) In making its decision, the commission— (a) must have regard to the chief executive's recommendation; and (b) may have regard to other issues the commission considers relevant. (5) The commission may grant an application only if it is satisfied the grant is not contrary to the public interest. (6) The commission may refuse to grant an application if— (a) the commission has given a notice to the applicant, or a disclosed associate of the applicant, requiring the applicant or associate to give further information about the application; and (b) the applicant or associate has failed without reasonable excuse, to give the information to the commission within the time stated in the notice. (7) If the commission decides to grant an application for a supplier's licence, the chief executive must promptly issue the appropriate supplier's licence to the applicant on payment of the licence fee prescribed under a regulation. (8) If the commission decides to refuse to grant an application for a supplier's licence, the chief executive must promptly give the applicant an information notice about the decision. 123 Conditions of licences (1) A supplier's licence is issued on the conditions the commission considers necessary or desirable— (a) in the public interest; or (b) for the proper conduct of gaming; or (c) for the proper conduct of the licensed supplier's supply operations, including— (i) for a licensed monitoring operator—its operations involving electronic monitoring systems; or (ii) for a licensed testing facility operator—its operations involving the testing of gaming equipment. (2) If a supplier's licence is issued on conditions, the chief executive must promptly give the applicant an information notice about the commission's decision to impose the conditions. (3) The holder of a supplier's licence must not contravene a condition of the licence. Maximum penalty—200 penalty units. 124 Form of licence (1) A supplier's licence must be in the approved form. (2) The approved form must provide for the inclusion of the following particulars— (a) the name and address of the holder of the licence; (b) the date of issue of the licence; (c) the expiry date of the licence; (d) the conditions of the licence; (e) other particulars prescribed under a regulation. 125 Duration of licence (1) A monitoring operator's licence remains in force for 10 years from its date of issue. (2) A dealer's licence remains in force for 5 years from its date of issue. (3) A testing facility operator's licence remains in force for 5 years from its date of issue. 126 Provisional licences (1) The commission may grant to an applicant for a supplier's licence a provisional licence for the kind of licence applied for. (2) However, the commission may grant a provisional licence only if the commission considers— (a) a decision about the applicant's application for a supplier's licence may not be made for some time; and (b) the conduct of gaming may be prejudiced or disadvantaged if the applicant is not granted the provisional licence; and (c) the issue of the provisional licence to the applicant will not prejudice or disadvantage gaming or the conduct of gaming. (3) The commission may grant a provisional licence— (a) on conditions the commission considers necessary or desirable for the proper conduct of gaming; and (b) on other conditions the commission considers necessary or desirable in the public interest. (4) If the commission grants a provisional licence to a person, the chief executive must immediately issue the licence to the person. (5) A provisional licence must be in the approved form. (6) A provisional licence issued to an applicant for a supplier's licence remains in force until— (a) a supplier's licence of the kind applied for is issued to the applicant; or (b) the commission decides to refuse to grant the application; or (c) the licence is surrendered or cancelled. (7) While a provisional licence for a particular kind of supplier's licence is in force, it has the same effect, and this Act applies to the holder of the licence, as if the licence were a supplier's licence of that kind. 127 Changing conditions of licence (1) The commission may change the conditions of a supplier's licence if the commission considers it is necessary or desirable to make the change— (a) in the public interest; or (b) for the proper conduct of gaming; or (c) for the proper conduct of the licensed supplier's supply operations, including— (i) for a licensed monitoring operator—its operations involving electronic monitoring systems; or (ii) for a licensed testing facility operator—its operations involving the testing of gaming equipment. (2) If the commission decides to change the conditions, the chief executive must immediately give the licensed supplier— (a) written notice of the changed conditions; and (b) an information notice for the decision. (3) The change of the conditions— (a) has effect from the day stated in the information notice; and (b) does not depend on the licence being amended to record the change, or a replacement licence recording the change being issued. (4) The commission's power to change the conditions of a supplier's licence includes the power to add conditions to an unconditional licence. 128 Recording change of conditions (1) A licensed supplier who receives an information notice under section 127(2) must return the supplier's licence to the chief executive within 14 days after receiving the notice, unless the licensed supplier has a reasonable excuse. Maximum penalty—40 penalty units. (2) On receiving the licence, the chief executive must— (a) amend the licence in an appropriate way and return the amended licence to the licensed supplier; or (b) if the chief executive does not consider it is practical to amend the licence—issue another supplier's licence, incorporating the changed conditions, to the licensed supplier to replace the licence returned to the chief executive. 129 Extension of licence (1) A licensed supplier may apply for an extension of the supplier's licence. (2) An application must— (a) be made to the chief executive; and (b) be in the approved form; and (c) be made at least 1 month before the licence expires; and (d) be accompanied by the application fee prescribed under a regulation. (3) The chief executive may, by written notice given to the licensed supplier, extend the term of the licence— (a) only if the chief executive believes special circumstances exist to warrant the extension; and (b) only for a maximum period of 1 month from the date the licence would, apart from this section, expire. 130 Renewal of licence—application (1) A licensed supplier may apply for renewal of its supplier's licence. (2) An application must— (a) be made to the chief executive; and (b) be in the approved form; and (c) be made— (i) at least 1 month before the licence expires; or (ii) if, before the licence expires, the chief executive extends the term of the licence—within the extended period. (3) An application must be accompanied by the following— (a) a list of the names, addresses and dates of birth of— (i) the secretary of the applicant; and (ii) the executive officers of the applicant; and (iii) all other persons who have been the secretary or an executive officer of the applicant since the licence was issued or last renewed; (b) a disclosure affidavit; Editor's note— Section 182 (Disclosure affidavits about persons having influence or receiving benefits) deals with the requirements for disclosure affidavits. (c) the application fee prescribed under a regulation. 131 Renewal of licence—decision (1) The chief executive must consider an application for renewal of a supplier's licence and renew, or refuse to renew, the licence. (2) The chief executive must renew the licence if the licensed supplier complies with section 130 and pays the licence renewal fee prescribed under a regulation. (3) If the chief executive refuses to renew the licence, the chief executive must promptly give the applicant an information notice for the decision to refuse to renew the licence. (4) The renewal of a licence is for the standard licence period starting on— (a) the day after its last expiry; or (b) if the term of the licence has been extended—the day after the licence would have last expired apart from the extension. (5) In this section— standard licence period means— (a) for a monitoring operator's licence—10 years; or (b) for a dealer's licence—5 years; or (c) for a testing facility operator's licence—5 years. 132 Replacement of licence (1) A licensed supplier may apply to the chief executive for the replacement of its supplier's licence if— (a) the licence is lost, stolen, destroyed or damaged; or (b) the licensee's name changes. (2) The application must be accompanied by— (a) the fee prescribed under a regulation for issuing a replacement licence; and (b) for a lost licence application based on damage or a name change application—the licensed supplier's current licence. (3) The chief executive must consider the application and either— (a) replace the licence by issuing another supplier's licence to the applicant with, for a name change application, the name of the licensed supplier changed to reflect the licensed supplier's current name; or (b) refuse to replace the licence. (4) The chief executive must replace the licence if— (a) for a lost licence application—the chief executive is satisfied the licence— (i) has been lost, stolen or destroyed; or (ii) has been damaged in a way to require its replacement; or (b) for a name change application—the chief executive is satisfied the change of name has taken place. (5) If, on a lost licence application, the chief executive refuses to replace the licence, the chief executive must immediately give the applicant an information notice for the decision. (6) If, on a name change application, the chief executive refuses to replace the licence, the chief executive must immediately give the applicant a written notice stating the decision and the reason for the decision. (7) In this section— lost licence application means an application under this section made on a ground mentioned in subsection (1)(a). name change application means an application under this section made on the ground mentioned in subsection (1)(b). 133 Licence not transferable A supplier's licence is not transferable. 134 Surrender of licence (1) A licensed supplier may surrender its supplier's licence by written notice given to the chief executive. (2) The notice must— (a) be in the approved form; and (b) be accompanied by the licence. (3) The chief executive must give the licensed supplier a notice stating the day the surrender is to take effect. (4) The day stated by the chief executive must be— (a) at least 1 month after the day the notice was given; but (b) not longer than 3 months after the day the notice was given. (5) If the licensed supplier is a licensed monitoring operator, the licensed supplier must give a copy of the notice of surrender to— (a) any licensee to whom the licensed supplier is supplying basic monitoring services; and (b) any other licensed monitoring operator using the electronic monitoring system of the licensed supplier, or a part of the system, to supply basic monitoring services to licensees. Maximum penalty for subsection (5)—40 penalty units. 135 Approving audit programs (1) The Minister may approve— (a) an audit program for investigating licensed suppliers; and (b) an audit program for investigating associates of licensed suppliers. (2) An audit program approved by the Minister may not provide for the investigation of persons under the program at intervals of less than 2 years. 136 Conducting investigations (1) The chief executive may investigate a licensed supplier to help the chief executive decide whether the licensed supplier is a suitable person to hold the supplier's licence. (2) The chief executive may investigate an associate of a licensed supplier to help the chief executive decide whether the associate is a suitable person to be associated with the licensed supplier's supply operations. (3) However, the chief executive may investigate a licensed supplier only if— (a) the investigation is conducted under a suppliers audit program; or (b) the chief executive reasonably suspects the licensed supplier is not a suitable person to hold the supplier's licence. (4) Also, the chief executive may investigate an associate of a licensed supplier only if— (a) the investigation is conducted under an associates (suppliers) audit program; or (b) the chief executive reasonably suspects the associate is not a suitable person to be associated with the licensed supplier's supply operations; or (c) for an associate who became an associate of the licensed supplier after the issue of its supplier's licence—the associate has not been investigated previously under an associates (suppliers) audit program; or (d) for an associate who was an associate of the licensed supplier when the supplier's licence was issued—the associate has not been investigated under section 120. (5) The chief executive must ensure the investigation of a person under a suppliers audit program or associates (suppliers) audit program is conducted in compliance with the program. 137 Requirement to give information or material for investigation (1) The chief executive may, by written notice given to a person to whom an investigation under this division relates, require the person to give the chief executive information or material the chief executive considers is relevant to the investigation. (2) When making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. 138 Failure to give information or material for investigation (1) A person of whom a requirement is made under section 137 must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (2) It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person. (3) The person does not commit an offence against this section if the information or material sought by the chief executive is not in fact relevant to the investigation. 139 Grounds for suspension or cancellation (1) A ground for suspending or cancelling a supplier's licence exists if the licensed supplier, or an associate of the licensed supplier— (a) is convicted of an offence against this Act; or (b) is convicted of an indictable offence punishable by imprisonment for at least 1 year (irrespective of whether the offence is also punishable by a fine in addition, or as an alternative, to imprisonment); or (ba) is required to comply with any written direction given to the licensee or associate by the commission or chief executive, and fails to comply with the direction; or (bb) is required under this Act to supply information or material to the commission, the chief executive or an inspector, and fails to supply the information or material or supplies information or material that, to the knowledge of the licensee or associate, is false or misleading in a material particular; or (c) contravenes a provision of this Act (not being a provision a contravention of which is an offence against this Act, or a provision imposing a requirement of a kind mentioned in paragraph (ba) or (bb)); or (d) fails to discharge the licensed supplier's, or associate's, financial commitments; or (e) is affected by control action under the Corporations Act; or (f) helps or induces a licensee to do or fail to do something that constitutes a ground for suspending or cancelling the licensee's gaming machine licence. Editor's note— See section 97 (Cancellation or suspension of gaming machine licences and letters of censure). (2) Also, a ground for suspending or cancelling the supplier's licence exists if— (a) the licensed supplier is not a suitable person to hold the supplier's licence; or (b) an associate of the licensed supplier is not a suitable person to be associated with the licensed supplier's supply operations; or (c) the licensed supplier contravenes a condition of the licence; or (d) the licence was issued because of a materially false or misleading representation or declaration; or (e) the licensed supplier is a licensed testing facility operator and gives the chief executive a written report of a test of gaming equipment that the supplier knows is false or misleading in a material particular. 140 Show cause notice (1) This section applies if the chief executive believes— (a) a ground exists to suspend or cancel a supplier's licence; and (b) the act, omission or other thing constituting the ground is of a serious nature; and (c) either— (i) the integrity of gaming or the conduct of gaming may be jeopardised; or (ii) the public interest may be affected adversely. (2) The chief executive must give the licensed supplier a written notice (a show cause notice)— (a) stating that action (the proposed action) is proposed to be taken under this division about the supplier's licence; and (b) stating the grounds for the proposed action; and (c) outlining the facts and circumstances forming the basis for the grounds; and (d) inviting the licensed supplier to show within a stated period (the show cause period) why the proposed action should not be taken; and (e) if the licensed supplier is a licensed monitoring operator—stating any requirements made of the licensed supplier by the chief executive under section 141(3). (3) The show cause period must end not less than 21 days after the show cause notice is given to the licensed supplier. (4) The licensed supplier may make written representations about the show cause notice to the chief executive in the show cause period. 141 Involvement of interested persons of licensed monitoring operators in show cause process (1) This section applies only if the licensed supplier to whom the show cause notice is given is a licensed monitoring operator. (2) The chief executive must give a copy of the show cause notice to each person the chief executive believes is an interested person of the licensed supplier. (3) Also, the chief executive may, by the show cause notice— (a) require the licensed supplier, within the period stated in the notice, to give a copy of the notice to each interested person of the licensed supplier (other than an interested person to whom a copy of the notice is given under subsection (2)); and (b) if the chief executive considers it appropriate—require the licensed supplier to give the copy in the way the chief executive considers appropriate. (4) If a requirement under subsection (3)(a) relates to an indirectly interested person of the licensed supplier, the chief executive may, at the licensed supplier's request, by written notice given to the licensed supplier, designate the person to be an excluded interested person for the licensed supplier. (5) However, the chief executive may designate a person to be an excluded interested person for the licensed supplier only if the chief executive considers it would not be appropriate, or would be unreasonable, in the circumstances to require the licensed supplier to give a copy of the show cause notice to the person, having regard to the following issues— (a) the nature of the person's interest; (b) the likelihood of the person's interest not being affected adversely by a suspension or cancellation of the supplier's licence; (c) the likelihood of the licensed supplier's interest being improperly prejudiced; (d) another issue the chief executive considers relevant. (6) If a requirement is made of the licensed supplier under subsection (3), the licensed supplier must comply with the requirement, unless— (a) the licensed supplier has a reasonable excuse; or (b) the interested person to whom the requirement relates is an excluded interested person for the licensed supplier. Maximum penalty—40 penalty units. (7) An interested person to whom a copy of the show cause notice is given, or is required to be given, under this section may make written representations about the notice to the chief executive in the show cause period. 142 Consideration of representations The chief executive must consider all written representations (the accepted representations) made in the show cause period by— (a) the licensed supplier; or (b) if the licensed supplier is a licensed monitoring operator—an interested person of the licensed supplier to whom a copy of the show cause notice is given, or is required to be given. 143 Ending show cause process without further action (1) This section applies if, after considering the accepted representations for the show cause notice, the chief executive no longer believes a ground exists to suspend or cancel the supplier's licence. (2) The chief executive must not take further action about the show cause notice and, by written notice, must advise the licensed supplier accordingly. 144 Censuring licensed supplier (1) This section applies if, after considering the accepted representations for the show cause notice, the chief executive— (a) still believes a ground exists to suspend or cancel the supplier's licence; but (b) does not believe suspension or cancellation of the licence is warranted. (2) This section also applies if the chief executive has not given a show cause notice to a licensed supplier, but— (a) believes a ground exists to suspend or cancel the supplier's licence; and (b) does not believe the giving of a show cause notice is warranted. (3) The chief executive may, by written notice given to the licensed supplier, censure the licensed supplier for a matter relating to the ground for suspension or cancellation. 145 Direction to rectify (1) This section applies if, after considering the accepted representations for the show cause notice, the chief executive— (a) still believes a ground exists to suspend or cancel the supplier's licence; and (b) believes further action, other than censuring of the licensed supplier, is warranted. (2) This section also applies if there are no accepted representations for the show cause notice. (3) The chief executive may— (a) by written notice given to the licensed supplier, direct the licensed supplier to rectify a matter relating to the ground for suspension or cancellation within the period stated in the notice; or (b) take action under section 146. (4) The period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified. (5) The chief executive may direct the licensed supplier to rectify a matter only if the chief executive considers— (a) the matter is reasonably capable of being rectified; and (b) it is appropriate to give the licensed supplier an opportunity to rectify the matter. 146 Recommendation to suspend or cancel (1) This section applies if— (a) the circumstances mentioned in section 145(1) or (2) exist and the chief executive has not directed the licensed supplier to rectify a matter; or (b) the licensed supplier fails to comply with a direction to rectify a matter within the period stated in the relevant notice. (2) The chief executive may recommend to the commission that the supplier's licence be suspended or cancelled. (3) The chief executive must give to the commission with the recommendation— (a) a copy of the show cause notice; and (b) the accepted representations for the show cause notice; and (c) any other information or material in the chief executive's possession the chief executive considers is relevant to the recommendation. 147 Decision of commission (1) This section applies to the commission on receiving a recommendation from the chief executive about a supplier's licence held by a licensed supplier. (2) The commission may— (a) decide not to take any action in relation to the licensed supplier or licence; or (b) by written notice given to the licensed supplier, censure the licensed supplier for a matter relevant to the show cause notice; or (c) if the commission considers a matter relevant to the show cause notice is reasonably capable of being rectified—by written notice given to the licensed supplier, direct the licensed supplier to rectify the matter within the reasonable period stated in the commission's notice; or (d) suspend the licence for the period the commission considers appropriate; or (e) cancel the licence; or (f) if the licensed supplier is a licensed monitoring operator—appoint an administrator to conduct the monitoring operations of the licensed supplier under its monitoring operator's licence. (3) In making its decision under subsection (2), the commission— (a) must have regard to— (i) the chief executive's recommendation; and (ii) the accepted representations, and any other information or material, given to the commission by the chief executive with the recommendation; and (b) may have regard to any other information or material the commission considers is relevant. (4) If the commission directs the licensed supplier to rectify a matter and the licensed supplier fails to comply with the direction within the period stated in the relevant notice, the commission may— (a) take the action mentioned in subsection (2)(d) or (e); or (b) if the licensed supplier is a licensed monitoring operator—take the action mentioned in subsection (2)(f). (5) If the commission decides not to take any action about the licensed supplier or supplier's licence, the chief executive must immediately give the licensed supplier written notice of the decision. (6) Subsections (2)(f) and (4)(b) apply despite the Corporations Act. 148 Suspension, cancellation and appointment of administrator (1) This section applies if the commission decides— (a) to suspend or cancel a supplier's licence held by a licensed supplier; or (b) for a licensed supplier who is a licensed monitoring operator—to appoint an administrator to conduct the licensed supplier's monitoring operations. (2) The chief executive must immediately give the licensed supplier an information notice for the decision. (3) The decision takes effect on— (a) the day the information notice is given to the licensed supplier; or (b) if a later day is stated in the notice—the later day. (4) If a supplier's licence is cancelled, the person to whom the information notice about the decision is given must, within 14 days after receiving the notice, return the licence to the chief executive. Maximum penalty—40 penalty units. (5) At any time a suspension of a supplier's licence is in force, the commission may, by written notice given to the licensed supplier, for any remaining period of suspension— (a) cancel the period; or (b) reduce the period by a stated period. (6) In making its decision under subsection (5), the commission must have regard to any relevant recommendation of the chief executive. 149 Immediate suspension (1) The commission may suspend a supplier's licence if the commission believes— (a) a ground exists to suspend or cancel the licence; and (b) the act, omission or other thing constituting the ground is of a serious nature; and (c) either— (i) the integrity of gaming or the conduct of gaming is jeopardised; or (ii) the public interest is affected adversely. (2) In making a decision to suspend a supplier's licence, the commission must have regard to any advice about the suspension given to it by the chief executive. (3) If the commission decides to suspend a supplier's licence, the chief executive— (a) must promptly give the licensed supplier an information notice; and (b) must give the licensed supplier a show cause notice as if the chief executive had formed the belief mentioned in section 140(1) about the act, omission or other thing constituting the ground for suspending the licence; and (c) must not, without the commission's agreement— (i) make a decision under section 143; or (ii) take action under section 144 or 145. (4) The suspension of a supplier's licence— (a) takes effect— (i) when the information notice is given to the licensed supplier; or (ii) if an earlier notice of the suspension is given orally to the licensed supplier by the chief executive—when the oral notice is given to the licensed supplier; and (b) continues to operate until the show cause notice is finally dealt with. (5) The giving of a show cause notice does not affect a suspension under subsection (1). 150 Effect of suspension The suspension of a supplier's licence has the same effect as the cancellation of the licence, but does not affect— (a) a penalty or liability incurred by the licensed supplier; or (b) the exercise of the powers of the commission, the chief executive or an inspector. 151 Terms of appointment, and role, of administrator (1) This section applies if the commission appoints an administrator to conduct the monitoring operations of a licensed monitoring operator. (2) For any matter not provided for under this Act, the administrator holds office on terms decided by the commission. (3) The administrator— (a) has full control of, and responsibility for, the monitoring operations (including operations relating to anything that had been started but not finished at the time of the administrator's appointment); and (b) subject to any directions of the Minister, must conduct the monitoring operations as required by this Act as if the administrator were the licensed monitoring operator. (4) The costs of and incidental to the conduct and administration of the monitoring operations by the administrator (the administration costs) are payable by the licensed monitoring operator. (5) Any profits derived from the conduct of the monitoring operations by the administrator are, after payment of the administration costs, to be paid to the licensed monitoring operator. 152 Notices to interested persons (1) This section applies if the chief executive— (a) is required, under section 143(2), not to take further action about a show cause notice given to a licensed supplier under section 140(2); or (b) censures a licensed supplier under section 144(3); or (c) directs a licensed supplier to rectify a matter under section 145 (3). (2) This section also applies if, under section 147(2), the commission— (a) decides not to take any action about a licensed supplier or supplier's licence; or (b) censures a licensed supplier; or (c) directs a licensed supplier to rectify a matter; or (d) suspends or cancels a supplier's licence; or (e) appoints an administrator to conduct the monitoring operations of a licensed monitoring operator. (3) This section also applies if the commission— (a) suspends or cancels a supplier's licence under section 147(4); or (b) appoints an administrator under section 147(4) to conduct the monitoring operations of a licensed monitoring operator; or (c) suspends a supplier's licence under section 149(1). (4) However, this section applies only if the licensed supplier is a licensed monitoring operator and— (a) the chief executive gave a copy of the relevant show cause notice to a person under section 141; or (b) the licensed supplier gave, or was required to give, a copy of the relevant show cause notice to a person because of a requirement made of the licensed supplier under section 141. (5) If the chief executive took the action mentioned in subsection (4)(a) in relation to a person, the chief executive must, as soon as practicable after an event mentioned in subsection (1), (2) or (3) happens, give written notice of the event to the person. (6) If the licensed supplier took, or was required to take, the action mentioned in subsection (4)(b) in relation to a person, the licensed supplier must, within 7 days after receiving a show cause result notice for an event mentioned in subsection (1), (2) or (3), give a copy of the notice to the person. (7) For subsections (5) and (6), an event for subsection (1)(a) is taken to be the arising of a requirement mentioned in the paragraph. (8) In this section— show cause result notice means— (a) a written notice given by the chief executive advising of— (i) the arising of a requirement mentioned in subsection (1)(a); or (ii) the making of a decision mentioned in subsection (2) (a); or (iii) the taking of action mentioned in subsection (2)(d) or (e) or (3)(a), (b) or (c); or (b) the notice by which action mentioned in subsection (1)(b) or (c) or (2)(b) or (c) is taken. 153 Change in circumstances of licensed supplier (1) A licensed supplier must, within 7 days after the happening of an event mentioned in subsection (2), give written notice of the event to the chief executive. Maximum penalty—100 penalty units. (2) The events required to be notified by the licensed supplier are as follows— (a) the licensed supplier changes its name or address; (b) the licensed supplier is convicted of— (i) an offence against this Act; or (ii) an indictable offence punishable by imprisonment for at least 1 year (irrespective of whether the offence is also punishable by a fine in addition, or as an alternative, to imprisonment); (c) the licensed supplier is affected by control action under the Corporations Act. 154 Fresh disclosure affidavit by licensed supplier (1) This section applies to a licensed supplier if a change happens affecting information contained in— (a) the disclosure affidavit that accompanied the application for its supplier's licence; or (b) a disclosure affidavit, or the last disclosure affidavit, given to the chief executive under section 118 by the licensed supplier; or (c) a disclosure affidavit, or the last disclosure affidavit, given to the chief executive under this section by the licensed supplier. (2) Within 7 days after the change, the licensed supplier must give a fresh disclosure affidavit to the chief executive. Maximum penalty—100 penalty units. 155 Change of officers of licensed supplier (1) This section applies to a licensed supplier if a change happens by which a person stops being, or becomes, the secretary or an executive officer of the licensed supplier. (2) The licensed supplier must, as required by this section, notify the chief executive of— (a) the change; and (b) the name, address and date of birth of the person involved in the change. Maximum penalty—40 penalty units. (3) The notice must— (a) be in the approved form; and (b) by given within 7 days after the change. 156 Returns about employees (1) A licensed supplier, other than a licensed testing facility operator, must give the chief executive a return as required under section 183 stating the name of each person employed by the licensed supplier for the supply operations of the licensed supplier when the return is given. Maximum penalty—40 penalty units. (2) However, if the licensed supplier is a licensed monitoring operator, the licensed supplier is not required to state under subsection (1) in the return— (a) the name of a person employed by the licensed supplier as a licensed key monitoring employee; or (b) the name of a person employed by the licensed supplier as a licensed repairer. 157 Notice about failure of licensee to pay amount (1) This section applies if a licensee fails to pay to a licensed supplier, on or before the due date for payment, an amount or a part of an amount (other than a basic monitoring fee) payable by the licensee to the licensed supplier for a matter relating to the supply operations of the licensed supplier. (2) The licensed supplier must give the chief executive a notice as required under section 184 advising of the licensee's failure to pay the amount, or the part of the amount, on or before the due date for payment. Maximum penalty for subsection (2)—40 penalty units. 158 Returns about licensed key monitoring employees A licensed monitoring operator must give the chief executive a return as required under section 183 stating the name and licence number of each person employed by the operator as a licensed key monitoring employee when the return is given. Maximum penalty—40 penalty units. 159 Change of licensed key monitoring employees (1) This section applies to a licensed monitoring operator if— (a) a person becomes employed by the operator as a licensed key monitoring employee; or (b) a person stops being employed by the operator as a licensed key monitoring employee. (2) The licensed monitoring operator must give the chief executive a notice as required by this section stating— (a) the person's name and licence number; and (b) the name and licence number of each other person employed by the operator as a licensed key monitoring employee when the notice is given. Maximum penalty—40 penalty units. (3) The notice must— (a) be in the approved form; and (b) be given within 7 days after the person becoming, or stopping to be, employed by the licensed monitoring operator as a licensed key monitoring employee. 160 Ending person's employment (1) If a licensed monitoring operator becomes aware a person employed by the operator as a licensed key monitoring employee is not a licensed key monitoring employee, the operator must immediately end the person's employment as a licensed key monitoring employee. Maximum penalty—200 penalty units. (2) Subsection (1) applies despite another Act or law or any award or agreement of an industrial nature. (3) A licensed monitoring operator does not incur any liability because the operator ends the employment of a person under subsection (1). 161 Requirement to end key officer's role (1) This section applies if— (a) a key monitoring employee's licence held by a key officer for a licensed monitoring operator is cancelled or suspended; or (b) a key officer for a licensed monitoring operator ceases to hold a key monitoring employee's licence for some other reason. (2) The chief executive may, by written notice given to the licensed monitoring operator, require the operator to take any action that is necessary and reasonable to ensure the person ceases to be a key officer for the operator within the time stated in the notice. (3) The licensed monitoring operator must comply with the requirement, unless the operator has a reasonable excuse. Maximum penalty—40 penalty units. (4) This section applies to a licensed monitoring operator despite any other Act or law. (5) A licensed monitoring operator does not incur any liability because of action taken to comply with a requirement under this section. 162 Notice about failure of licensee to pay basic monitoring fee (1) This section applies if a licensee fails to pay to a licensed monitoring operator, on or before the due date for payment, a basic monitoring fee, or a part of a basic monitoring fee, payable by the licensee to the operator for basic monitoring services supplied by the operator to the licensee. (2) The licensed monitoring operator must give the chief executive a notice as required under section 184 advising of the licensee's failure to pay the fee, or the part of the fee, on or before the due date for payment. Maximum penalty for subsection (2)—40 penalty units. 162A Application of sdiv 1 This subdivision does not apply to a licensed testing facility operator. 163 Approved control system for supply operations (1) A licensed supplier must not conduct the supplier's supply operations unless the supplier has an approved control system for the operations. Maximum penalty—200 penalty units. (2) If a licensed supplier has an approved control system for the supplier's supply operations, the licensed supplier must not contravene the approved control system in the conduct of the operations. Maximum penalty—200 penalty units. (3) A licensed supplier must not change the supplier's approved control system other than under a direction or approval of the chief executive. Maximum penalty—200 penalty units. 164 Control system submission (1) A licensed supplier may make a submission (a control system submission) to the chief executive for approval of the supplier's proposed control system. (2) A control system submission must be made in writing— (a) at least 90 days before the licensed supplier proposes to start conducting the supplier's supply operations; or (b) if the chief executive considers it appropriate to allow a submission to be made at a later time—by the time allowed by the chief executive. (3) A control system submission must describe and explain the control system proposed for the supplier's supply operations. (4) In particular, a control system submission must include information about— (a) the following things to be used for the supply operations— (i) accounting systems and procedures, and chart of accounts; (ii) administrative systems and procedures; (iii) computer software; (iv) standard forms and terms; and (b) the general procedures to be followed for the supply operations; and (c) the procedures and standards for the maintenance, security, storage and transportation of equipment to be used for the supply operations; and (d) the procedures for using and maintaining security facilities for the supply operations. (5) However, a supplier's control system submission need not include particular information mentioned in subsection (4) if the chief executive is satisfied, having regard to the nature of the supplier's supply operations, that the information is not necessary for the chief executive's proper consideration of the submission under section 166. (6) A control system submission may include information additional to the information mentioned in subsection (4). 165 Control system (change) submission (1) A licensed supplier may make a submission (a control system (change) submission) to the chief executive for approval to change the supplier's approved control system. (2) A control system (change) submission must be made in writing— (a) at least 90 days before the licensed supplier proposes to start conducting the supplier's supply operations under the approved control system, as proposed to be changed; or (b) if the chief executive considers it appropriate to allow a submission to be made at a later time—by the time allowed by the chief executive. (3) A control system (change) submission must contain particulars of the proposed changes to the supplier's approved control system. 166 Dealing with submissions (1) This section applies to a control system submission or control system (change) submission made to the chief executive by a licensed supplier. (2) The chief executive must consider the submission and either approve or refuse to approve the proposed control system or proposed change of the approved control system. (3) In considering the submission, the chief executive may, by written notice given to the licensed supplier, require the supplier to give the chief executive, within a reasonable period stated in the notice, further information that is necessary and reasonable to help the chief executive make a decision about the submission. (4) In considering whether to give an approval, the chief executive must have regard to— (a) whether the submission satisfies the requirements under this subdivision for the submission; and (b) whether the proposed control system, or approved control system as proposed to be changed, is capable of providing satisfactory and effective control over the supplier's supply operations. (5) The chief executive may refuse to give an approval if the licensed supplier fails to comply with a requirement under subsection (3) without a reasonable excuse. (6) If the chief executive approves the proposed control system, or proposed change of the approved control system, the chief executive must as soon as practicable give the licensed supplier written notice of the decision. (7) If the chief executive refuses to approve the proposed control system, or proposed change of the approved control system, the chief executive must as soon as practicable give the licensed supplier a written notice that— (a) states the decision and the reasons for the decision; and (b) if the chief executive believes the submission can easily be changed to enable the chief executive to give an approval— (i) explains how the submission may be changed; and (ii) invites the licensed supplier to resubmit the submission after making the appropriate changes. 167 Direction to change approved control system (1) The chief executive may, by written notice given to a licensed supplier, direct the supplier to change the supplier's approved control system within the period, and in the way, stated in the notice. (2) The licensed supplier must comply with the direction. (3) If the licensed supplier does not comply with the direction, at the end of the period stated in the notice the supplier's approved control system is taken to have been changed in the way stated in the notice. 168 Notices about keeping monitoring records (1) The chief executive may, by written notice given to a licensed supplier— (a) approve, as a place at which the supplier may keep the supplier's monitoring records, a place, other than the supplier's main office, nominated by the supplier; or (b) specify a monitoring record of the supplier (an exempt record) that may be kept at a place that is not an approved place for the keeping of the record; or (c) specify a monitoring record of the supplier that may be kept temporarily at a place (a holding place) that is not an approved place for the keeping of the record, and the period for which, or the circumstances in which, the record may be kept at the holding place; or (d) approve the keeping of information contained in a monitoring record of the supplier in a way different from the way the information was originally kept; or (e) approve the destruction of a monitoring record the chief executive considers need not be kept. (2) The chief executive may specify a monitoring record for subsection (1)(b) only if the chief executive considers there is sufficient reason for the record to be kept at a place that is not an approved place for the keeping of the record. (3) A monitoring record mentioned in subsection (1)(c) is also an exempt monitoring record— (a) for the period stated in the notice; or (b) while the circumstances stated in the notice exist. (4) The exercise of the chief executive's power under subsection (1)(d) or (e) is subject to any other law about the retention or destruction of the monitoring record. 169 Places at which monitoring records to be kept (1) A licensed supplier must keep the supplier's monitoring records at a place that is an approved place for the keeping of the records. Maximum penalty—40 penalty units. (2) Subsection (1) does not apply to an exempt monitoring record. 170 Period for which monitoring records to be kept (1) A licensed supplier must keep a monitoring record of the supplier for 5 years after the end of the transaction to which the record relates. Maximum penalty—40 penalty units. (2) Subsection (1) does not apply to a monitoring record if— (a) the information previously contained in the record is kept in another way under an approval of the chief executive; or (b) the record has been destroyed under an approval of the chief executive. (3) Subsection (1) has effect subject to any other law about the retention or destruction of the monitoring record. 171 Keeping of accounts A licensed monitoring operator must— (a) keep accounting records that correctly record and explain the transactions and financial position for the operator's monitoring operations; and (b) keep the accounting records in a way that allows— (i) true and fair financial statements and accounts to be prepared from time to time; and (ii) the financial statements and accounts to be conveniently and properly audited. Maximum penalty—100 penalty units. 172 Preparation of financial statements and accounts (1) A licensed monitoring operator must prepare financial statements and accounts as required by this section giving a true and fair view of the financial operations of the operator conducted under the operator's licence. Maximum penalty—100 penalty units. (2) The financial statements and accounts must include the following— (a) trading accounts, if applicable, for each financial year; (b) profit and loss accounts for each financial year; (c) a balance sheet as at the end of each financial year. 173 Submission of reports (1) A licensed supplier must give reports to the chief executive as required by this section about the supplier's supply operations. Maximum penalty—100 penalty units. (2) The reports must be given at the times stated in a written notice given to the licensed supplier by the chief executive. (3) A report must be in the approved form. (4) The chief executive may, by written notice given to a licensed supplier, require the supplier to give the chief executive further information about a report within a reasonable time stated in the notice to help the chief executive acquire a proper appreciation of the supplier's supply operations. (5) A licensed supplier must comply with a requirement under subsection (4) within the time stated in the notice, unless the supplier has a reasonable excuse. Maximum penalty—100 penalty units. (6) A licensed supplier must not give the chief executive a report containing information, or further information about a report, the supplier knows to be false, misleading or incomplete in a material particular. Maximum penalty—200 penalty units. (7) Subsection (6) does not apply to a licensed supplier if the supplier, when giving the report or further information— (a) informs the chief executive in writing, to the best of the supplier's ability, how the return or information is false, misleading or incomplete; and (b) if the supplier has, or can reasonably obtain, the correct information—gives the correct information. (8) It is enough for a complaint for an offence against subsection (6) to state that the report or information was false, misleading or incomplete to the defendant's knowledge. 174 Keeping of accounts A licensed monitoring operator must keep a financial institution account, or financial institution accounts, approved by the chief executive for use for all banking or similar transactions for the operator's monitoring operations. Maximum penalty—40 penalty units. 175 Use of accounts A licensed monitoring operator must not use a financial institution account approved by the chief executive other than for a purpose for which it is approved. Maximum penalty—40 penalty units. 176 Operators audit guidelines (1) The chief executive may prepare guidelines (operators audit guidelines) for the carrying out of audits under this subdivision. (2) The chief executive must keep copies of the operators audit guidelines available for inspection and permit a person— (a) to inspect the guidelines without fee; and (b) to take extracts from the guidelines without fee. (3) Also, the chief executive must keep copies of the operators audit guidelines available for supply to persons and permit a person to obtain a copy of the guidelines, or a part of the guidelines, without fee. (4) For subsection (2)— (a) copies of the operators audit guidelines— (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 chief executive considers appropriate; and (b) the copies of the guidelines kept at a place must be available for inspection during office hours on business days for the place. 177 Audit of monitoring operations (1) As soon as practicable after the end of a financial year, a licensed monitoring operator must, at the operator's own expense, cause the operator's books, accounts and financial statements for the operator's monitoring operations for the financial year to be audited by a registered company auditor approved by the chief executive. Maximum penalty—200 penalty units. (2) If a licensed monitoring operator ceases to be a licensed monitoring operator, the person (the former operator) must, within the required time, at the former operator's own expense, take the appropriate audit action. Maximum penalty—200 penalty units. (3) The appropriate audit action for subsection (2) is for the former operator to cause the former operator's books, accounts and financial statements for the former operator's monitoring operations for the operating period to be audited by a registered company auditor approved by the chief executive. (4) The required time for the former operator to take the appropriate audit action is— (a) the period ending 1 month after the former operator ceases to be a licensed monitoring operator; or (b) if the chief executive extends, or further extends, the period for the former operator to take the action, by written notice given to the former operator in the period or extended period—the period as extended. (5) In this section— operating period, for a former operator, means— (a) if an audit for the former operator's monitoring operations has been done for subsection (1)—the period— (i) starting on the day immediately after the end of the period to which the audit, or last audit, related; and (ii) ending on the day the former operator ceased to be a licensed monitoring operator; or (b) if paragraph (a) does not apply—the period starting on the day the former operator's monitoring operations started and ending on the day the former operator ceased to be a licensed monitoring operator. 178 Carrying out of audit (1) A registered company auditor carrying out an audit for section 177 must— (a) to the extent it is reasonably practicable, comply with any operators audit guidelines; and (b) complete the audit within 3 months after the end of the financial year or other period to which the audit relates; and (c) immediately after completing the audit, give a copy of the audit report to the licensed monitoring operator or former operator. Maximum penalty—40 penalty units. (2) Subsection (1)(b) does not apply to the auditor if— (a) in the circumstances, it would be unreasonable to require the auditor to comply with the paragraph; and (b) the auditor completes the audit as soon as practicable. 179 Dealing with audit report Within 14 days after a licensed monitoring operator or former operator receives a copy of an audit report under section 178(1)(c), the operator or former operator must give a copy of the report to the chief executive. Maximum penalty—200 penalty units. 180 Associated documents for audit report for licensed monitoring operator (1) A licensed monitoring operator, on receiving a copy of an audit report under section 178(1)(c) for a financial year, must, in addition to giving a copy of the report to the chief executive under section 179, give to the chief executive, as required under this section— (a) if the registered company auditor who carried out the audit issued a management letter for the audit—a copy of the management letter; and (b) a copy of the audited financial statements for the operator's monitoring operations for the financial year; and (c) a copy of a profit and loss statement containing the required details of revenue and expenditure for the operator's monitoring operations for the financial year; and (d) if an entity controls the licensed monitoring operator—a copy of the consolidated financial statements for the entity. Maximum penalty—200 penalty units. (2) A document mentioned in subsection (1)(a) must be given to the chief executive with the copy of the audit report given to the chief executive. (3) A document mentioned in subsection (1)(b) to (d) must be given to the chief executive— (a) if the licensed monitoring operator's annual general meeting for the financial year was held before the operator received the copy of the audit report—with the copy of the audit report given to the chief executive; or (b) if paragraph (a) does not apply—within 14 days after the licensed monitoring operator's annual general meeting for the financial year is held. (4) Subsection (1) applies to the licensed monitoring operator for a profit and loss statement only to the extent to which the audited financial statements given to the chief executive do not contain the required details of revenue and expenditure for the operator's monitoring operations for the relevant financial year. (5) In this section— control see the Corporations Act, section 50AA. required details of expenditure, for the monitoring operations of a licensed monitoring operator for a financial year, means details of expenditure incurred by the operator for the year for a matter in carrying on the monitoring operations, including, for example— (a) the payment of wages; and (b) the payment of consultancy fees; and (c) the supply of gaming equipment, or ancillary or related equipment; and (d) the acquisition, supply, maintenance or use of information technology (whether or not, in the case of maintenance, it is being used by the operator or someone else, or, in the case of use, it is the operator's or someone else's technology). required details of revenue, for the monitoring operations of a licensed monitoring operator for a financial year, means details of revenue received by the operator for the year for a matter in carrying on the monitoring operations, including, for example— (a) the supply of basic monitoring services; and (b) the supply of information technology for use for supplying basic monitoring services; and (c) the supply of gaming equipment, or ancillary or related equipment; and (d) the supply of services relating to any of the following matters (whether or not the services are associated with the supply of equipment)— (i) training; (ii) marketing; (iii) linked jackpot arrangements; (iv) the giving of advice about management. 181 Further information about audit report or associated documents (1) This section applies on the receipt by the chief executive of— (a) a copy of an audit report under section 179; or (b) a document under section 180. (2) The chief executive may, by written notice given to the person from whom the copy of the audit report or other document is received, require the person to give the chief executive, within a reasonable time stated in the notice, the information stated in the notice. (3) The chief executive may require a person to give the chief executive information about a matter under subsection (2) only if— (a) the matter relates to the person's monitoring operations; and (b) the matter is mentioned in, or arises out of— (i) the audit report a copy of which is received by the chief executive from the person; or (ii) the other document received by the chief executive from the person. (4) When making a requirement of a person under subsection (2), the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. (5) A person to whom a notice is given under subsection (2) must comply with the requirement mentioned in the notice within the stated time, unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (6) It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person. 182 Disclosure affidavits about persons having influence or receiving benefits (1) This section applies to each of the following affidavits (a disclosure affidavit)— (a) an affidavit required by section 115(3) to accompany an application made by a person for a supplier's licence; (b) an affidavit required by section 118 to be given to the chief executive by an applicant for a supplier's licence; (c) an affidavit required by section 130 to accompany an application for renewal of a supplier's licence made by the licensed supplier; (d) an affidavit required by section 154 to be given to the chief executive by a licensed supplier. (2) In this section, a reference to the responsible body is a reference to each of the following— (a) a person mentioned in subsection (1)(a); (b) an applicant mentioned in subsection (1)(b); (c) a licensed supplier mentioned in subsection (1)(c) or (d). (3) The affidavit must be in the approved form and made by— (a) the principal executive officer of the responsible body; or (b) if the principal executive officer does not have knowledge of the relevant facts—another person who has the knowledge and is authorised by the responsible body to make the affidavit. (4) The affidavit must disclose the following— (a) whether or not a person (other than an authorised involved person of the responsible body) may, under an agreement, be able to influence a decision made by the responsible body, or the secretary or an executive officer of the responsible body, about the performance of the general functions that are, or are to be, permitted by the supplier's licence; (b) whether or not a person (other than the responsible body) may, under an agreement, expect to receive a benefit from the responsible body because of the performance of the general functions that are, or are to be, permitted by the supplier's licence; (c) the names of all persons who have a substantial holding in the responsible body. (5) Also, if there is a person who satisfies a description mentioned in subsection (4)(a) or (b), the affidavit must disclose— (a) if the person is an individual—the person's name, address and date of birth; and (b) if the person is a body corporate— (i) the body corporate's name; and (ii) the name, address and date of birth of the secretary and each executive officer of the body corporate; and (c) full and correct particulars of the agreement. (6) Despite subsections (4) and (5), the affidavit need not disclose anything prescribed under a regulation as being exempt from the operation of this section. (7) In this section— agreement includes a lease or arrangement. authorised involved person, of a responsible body, means the secretary, or an executive officer, member or shareholder, of the responsible body carrying out the duties, or exercising the normal rights, the person has in that capacity. 183 Requirements for returns about employees (1) This section applies to— (a) a return required to be given to the chief executive under section 156 by a licensed supplier (the licensed entity); or (b) a return required to be given to the chief executive under section 158 by a licensed monitoring operator (also the licensed entity). (2) The return must— (a) be in the approved form; and (b) be given within 14 days after the licensed entity receives a written request from the chief executive to give the return. (3) However, the chief executive must not, for subsection (2)(b), ask a licensed entity to give the chief executive a return under section 156 or 158 within 1 month after the time by which the licensed entity was last required to give a return under the section. 184 Requirements for notices about unpaid amounts (1) This section applies to— (a) a notice required to be given to the chief executive by a licensed supplier under section 157; or (b) a notice required to be given to the chief executive by a licensed monitoring operator under section 162. (2) The notice must— (a) be in writing; and (b) be given within 1 month after the due date for payment of the fee or other amount to which the notice relates. (3) The notice must state— (a) the matter for which the fee or other amount to which the notice relates is payable; and (b) the due date for payment; and (c) the amount involved; and (d) whether or not, when the notice is given, the fee or other amount, or a part of the fee or other amount, remains unpaid. 185 Meaning of key monitoring employee (1) A person employed by a licensed monitoring operator for the operator's monitoring operations is a key monitoring employee of the operator if the person— (a) occupies or acts in a managerial position, or carries out managerial functions, in relation to the operations; or (b) is in a position to affect or significantly influence the operations; or (c) occupies or acts in a position designated in the operator's approved control system as a key position. (2) Subsection (1)(a) applies to a position only if the position is designated by the chief executive as a key position. (3) Subsection (1)(a) applies to functions only if the functions are designated by the chief executive as key functions. (4) Subsection (1)(b) applies to an employee of a licensed monitoring operator only if the employee is designated by the chief executive as being in a key position. (5) A designation of the chief executive for subsection (2), (3) or (4) must be made by written notice given to the licensed monitoring operator. 186 Meaning of key officer A person is a key officer of a licensed monitoring operator if the person is a person (other than a person employed by the operator) who— (a) is in a position to control or exercise significant influence over the operator's monitoring operations; or (b) is associated with the operator in a way that enables the person to control or exercise significant influence over the operator's monitoring operations; or (c) occupies a position, or has an association, with the operator of a kind that makes the person a key officer under criteria prescribed under a regulation. 187 Unlicensed persons not to install etc. gaming equipment (1) Subject to subsection (3), a person who is not an inspector or a licensed repairer must not install, alter, adjust, maintain or repair gaming equipment on licensed premises. Maximum penalty—200 penalty units. (2) Subject to subsection (3), a person must not— (a) employ or allow; or (b) cause another person to employ or allow; a person who is not an inspector or a licensed repairer to install, alter, adjust, maintain or repair gaming equipment on licensed premises. Maximum penalty—200 penalty units. (3) This section does not apply to such installation, alteration, adjustment, maintenance or repair that is prescribed for the purposes of this subsection. 188 Entering into service contracts (1) A person must not enter into a service contract with a licensed monitoring operator or the chief executive unless the person is— (a) an authorised service provider; or (b) a licensee. Maximum penalty—100 penalty units. (2) A person must not enter into a service contract with an authorised service provider unless the person is— (a) a licensed monitoring operator; or (b) a gaming trainer. Maximum penalty—100 penalty units. (3) A person must not enter into a service contract with a licensee unless the person is a licensed monitoring operator. Maximum penalty—100 penalty units. (4) A person must not enter into an agreement with an authorised service provider to subcontract a service contract from the authorised service provider unless the person is an authorised service provider. Maximum penalty—100 penalty units. (5) An authorised service provider must not enter into an agreement with another person to subcontract a service contract to the other person unless the other person is an authorised service provider. Maximum penalty—100 penalty units. (6) An authorised service provider to whom a service contract is subcontracted under an agreement with another authorised service provider must not subcontract the service contract. Maximum penalty—100 penalty units. (7) A person must not enter into an agreement with a licensed monitoring operator to subcontract a service contract from the operator unless the person is a licensed monitoring operator. Maximum penalty—100 penalty units. (8) A licensed monitoring operator must not enter into an agreement with another person to subcontract a service contract to the other person unless the other person is a licensed monitoring operator. Maximum penalty—100 penalty units. (9) A licensed monitoring operator to whom a service contract is subcontracted under an agreement with another licensed monitoring operator must not subcontract the service contract. Maximum penalty—100 penalty units. (10) In this section— authorised service provider means— (a) a licensed service contractor; or (b) a licensed repairer carrying on the business of a licensed repairer in the person's own right and not as a partner in a partnership. 189 Licensing requirements for carrying out gaming duties on licensed premises (1) A person must not carry out gaming duties on licensed premises unless the person is— (a) an appropriately licensed person employed by the licensee under subsection (3), (4) or (5) to carry out the duties for the premises; or (b) an applicant for an appropriate licence employed by the licensee under subsection (4) or (6) to carry out the duties for the premises; or (c) a person employed by the licensee under subsection (9) to carry out the duties for the premises; or (d) an eligible licensee for the premises; or (e) a nominee of the licensee for the premises. Maximum penalty—200 penalty units. Note— See also section 189A(1). (2) A person must not employ or allow, or cause another person to employ or allow, a person (the employee) to carry out gaming duties on licensed premises unless the employee is— (a) an appropriately licensed person employed under subsection (3), (4) or (5) to carry out the duties for the premises; or (b) an applicant for an appropriate licence employed under subsection (4) or (6) to carry out the duties for the premises; or (c) a person employed under subsection (9) to carry out the duties. Maximum penalty—200 penalty units. Note— See also section 189A(2). (3) A licensee who is not an eligible licensee must at all times have in the licensee's employ, for the licensee's licensed premises, or each of the licensee's licensed premises, at least 2 appropriately licensed persons to carry out gaming duties for the premises. Maximum penalty—200 penalty units. (4) Subsection (3) does not apply to a licensee for licensed premises if the licensee, with the chief executive's approval, has in the licensee's employ, for carrying out gaming duties for the premises— (a) at least 1 person who is an appropriately licensed person and at least 1 person who is an applicant for an appropriate licence; or (b) at least 2 persons who are applicants for an appropriate licence. (5) An eligible licensee must at all times have in the licensee's employ, for the licensee's licensed premises, at least 1 licensed gaming employee to carry out gaming duties for the premises. Maximum penalty—200 penalty units. (6) Subsection (5) does not apply to an eligible licensee for licensed premises if the licensee, with the chief executive's approval, has in the licensee's employ, for carrying out gaming duties for the premises, at least 1 person who is an applicant for a gaming employee's licence. (7) A licensee who is not an eligible licensee must ensure that, when licensed premises of the licensee are open for the conduct of gaming, at least 1 of the persons employed by the licensee under subsection (3) or (4) for carrying out gaming duties for the premises is present on the premises, or is readily available for carrying out the duties for the premises. Maximum penalty—200 penalty units. (8) An eligible licensee must ensure that, when the licensee's licensed premises are open for the conduct of gaming, the licensee or a person employed by the licensee under subsection (5) or (6) is present on the premises, or is readily available for carrying out gaming duties for the premises. Maximum penalty—200 penalty units. (9) Subsection (7) does not apply to a licensee for licensed premises of the licensee, and subsection (8) does not apply to an eligible licensee for the licensee's licensed premises, if there is present on the premises, or readily available for carrying out gaming duties for the premises, a person— (a) employed, with the chief executive's approval, by the licensee for carrying out gaming duties for the premises; and (b) whose period of employment in the capacity mentioned in paragraph (a) is not longer than 7 days. (10) A licensee must give an identity card to— (a) each applicant for an appropriate licence employed by the licensee under subsection (4) or (6); or (b) a person employed by the licensee under subsection (9). (11) Despite subsection (10), a licensee is not required to give an identity card to a person employed by the licensee under subsection (9) if— (a) the person is a nominee of the licensee under section 193(4); and (b) the licensee has given an identity card to the person under section 194(1). (12) An identity card must comply with the requirements prescribed under a regulation. (13) A person to whom an identity card is given must return the card to the licensee on the day the person ceases to be employed by the licensee under subsection (4), (6) or (9). Maximum penalty—20 penalty units. (14) For subsections (3) and (4), a nominee of a licensee in the licensee's employ is taken to be a person in the licensee's employ for carrying out gaming duties for the premises for which the person is the licensee's nominee. (15) In this section— applicant, for an appropriate licence, means— (a) an applicant for a gaming employee's licence; or (b) an applicant for a gaming nominee's licence. appropriately licensed person means— (a) a licensed gaming employee; or (b) a licensed gaming nominee. eligible licensee, for licensed premises, means the licensee for the premises if the licensee— (a) is an individual; and (b) is ordinarily present on the premises when the premises are open for the conduct of gaming. 189A Requirement to hold current responsible service of gambling course certificate (1) Without limiting section 189(1), a person must not carry out gaming duties or gaming tasks on licensed premises unless the person holds a current responsible service of gambling course certificate. Maximum penalty—40 penalty units. (2) Subsection (1) does not apply— (a) for a person who becomes an eligible licensee for the premises after the commencement of this section—until 3 months after the person becomes an eligible licensee for the premises; or (b) for a person who becomes a nominee of the licensee for the premises after the commencement of this section—until 3 months after the person becomes a nominee of the licensee for the premises; or (c) for a person who starts to be employed by the licensee to carry out gaming duties or gaming tasks on the premises after the commencement of this section—until 3 months after the start of the employment. (3) Without limiting section 189(2), a person must not employ or allow, or cause another person to employ or allow, a person (the employee) to carry out gaming duties or gaming tasks on licensed premises unless the employee holds a current responsible service of gambling course certificate. Maximum penalty—40 penalty units. (4) Subsection (3) does not apply, in relation to a person who starts to be employed to carry out gaming duties or gaming tasks on the premises after the commencement of this section, until 3 months after the start of the employment. (5) A licensee— (a) must keep a register containing the information prescribed under a regulation about current responsible service of gambling course certificates held by persons carrying out gaming duties or gaming tasks on the licensed premises; and (b) must keep the register available for inspection by an inspector at the premises. Maximum penalty—40 penalty units. (6) In this section— eligible licensee see section 189(15). gaming tasks means tasks about the conduct of gaming prescribed under a regulation. responsible service of gambling course certificate means a certificate in the approved form— (a) given to a person, for satisfactorily completing the approved responsible service of gambling course, by a person who holds an approval under part 10A as a trainer for the course; and (b) stating the certificate remains in force for 3 years after it is given to the person. 190 Unlicensed persons not to be key monitoring employees (1) A person must not carry out a function of a key monitoring employee unless the person is a licensed key monitoring employee. Maximum penalty—200 penalty units. (2) A licensed monitoring operator must not— (a) employ, or use the services of, a person to carry out a function of a key monitoring employee unless the person is a licensed key monitoring employee; or (b) allocate, or permit to be allocated, to a person the carrying out of any function of a key monitoring employee unless the person is a licensed key monitoring employee. Maximum penalty for subsection (2)—200 penalty units. 191 Certain persons must apply for gaming employee's licence (1) If the chief executive considers a person connected with, or who is an employee of, a licensee— (a) has the power to exercise a significant influence over the conduct of gaming by the licensee; or (b) because of— (i) that person's remuneration or policymaking position; or (ii) any other criteria prescribed under a regulation; exercises or is able to exercise authority of such a nature or to such an extent in respect of the conduct of gaming by the licensee as to make it desirable in the public interest that that person be a licensed gaming employee; the chief executive, by written notice, must require that person to apply for a gaming employee's licence within 7 days after the receipt by that person of the notice. (2) The chief executive must cause a copy of the notice to be served on the licensee. (3) A person who fails within 7 days to comply with a notice under subsection (1) and continues to be connected or employed as referred to in subsection (1) commits an offence against this Act. Maximum penalty—200 penalty units. (4) Where a person fails within 7 days to comply with a notice under subsection (1) and continues to be connected or employed as referred to in subsection (1), the chief executive must cause a written notice of the failure to be served on the licensee. (5) The licensee immediately a notice under subsection (4) is served, despite any other Act or law or any industrial award or agreement, must terminate the connection with or employment of the person. Maximum penalty—200 penalty units. (6) If the chief executive refuses to grant an application made by a person referred to in subsection (1)— (a) that person, on receipt of notification of the refusal, must cease to be connected or employed as referred to in subsection (1); and (b) the licensee, on receipt of the notification of the refusal, must terminate the connection or employment. Maximum penalty—200 penalty units. (7) A licensee does not incur any liability in respect of the termination under this section of any connection or employment referred to in subsection (1). 192 Certain persons must apply for key monitoring employee's licence (1) If the chief executive considers a person is a key officer of a licensed monitoring operator, the chief executive must, by written notice given to the person, require the person, within 7 days after receiving the notice, either— (a) to apply for a key monitoring employee's licence; or (b) to stop being a key officer of the operator. (2) The chief executive must give a copy of the notice to the licensed monitoring operator. (3) The person to whom the notice is given must, within 7 days after receiving the notice, comply with the requirement (the licensing requirement) stated in the notice, unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (4) If the person fails to comply with the licensing requirement, the chief executive must give written notice of the failure to the licensed monitoring operator. (5) The licensed monitoring operator must, immediately on receipt of the notice under subsection (4), end the association with, or employment of, the person. Maximum penalty—200 penalty units. (6) If the person complies with the licensing requirement by applying for a key monitoring employee's licence but the chief executive refuses to grant the application— (a) on receipt by the person of notice of the refusal—the person must stop being a key officer of the licensed monitoring operator; and (b) on receipt by the operator of notice of the refusal—the operator must end the association with, or employment of, the person. Maximum penalty—200 penalty units. (7) Subsections (5) and (6)(b) apply to the licensed monitoring operator despite another Act or law or any award or agreement of an industrial nature. (8) A licensed monitoring operator does not incur any liability because the operator ends an association with, or the employment of, a person under this section. 193 Meaning of nominee (1) A person is a nominee of a licensee for premises if— (a) the person is a licensed gaming nominee; and (b) the person is designated by the licensee to be the licensee's nominee for the premises; and (c) when the designation takes effect— (i) the person is not the nominee of the licensee or another licensee for other premises; and (ii) another person is not the licensee's nominee for the premises. (2) A person is a nominee of a licensee for premises if— (a) the person is a licensed gaming employee employed by the licensee; and (b) the person is designated by the licensee to be the licensee's nominee for the premises for a period of not more than 1 month; and (c) when the designation takes effect— (i) the person is not the nominee of the licensee or another licensee for other premises; and (ii) another person is not the licensee's nominee for the premises under this subsection or subsection (3), (4) or (5). (3) A person is a nominee of a licensee for premises if the person— (a) is a licensed gaming employee employed by the licensee; and (b) is, with the chief executive's approval, designated by the licensee to be the licensee's nominee for the premises for a period longer than 1 month. (4) A person is a nominee of a licensee for premises if the person— (a) is an applicant for a gaming nominee's licence; and (b) is, with the chief executive's approval, designated by the licensee to be the licensee's nominee for the premises. (5) A person is a nominee of a licensee for premises if the person is, with the chief executive's approval, designated by the licensee to be the licensee's nominee for the premises for a period of not more than 7 days. (6) However, a person is a licensee's nominee only if— (a) the designation by the licensee of the person as the licensee's nominee is done with the person's agreement; and (b) the designation and agreement are in force; and (c) for a person designated by the licensee to be the licensee's nominee for a stated period—the stated period has not ended. (7) A person stops being a nominee of a licensee for premises under subsection (1) during any period for which another person is the licensee's nominee for the premises under subsection (2), (3), (4) or (5). (8) The chief executive must refuse to give an approval for subsection (3), (4) or (5) if— (a) the person sought to be designated by the licensee for the premises is the nominee of the licensee or another licensee for other premises; or (b) another person is the licensee's nominee for the premises under a provision of this section other than subsection (1). 194 Identity cards for certain nominees (1) A licensee must give an identity card to a person who is a nominee of the licensee under section 193(3) or (4). (2) An identity card must comply with the requirements prescribed under a regulation. (3) A person to whom an identity card is given must return the card to the licensee on the day the person ceases to be the licensee's nominee. Maximum penalty for subsection (3)—20 penalty units. 195 Nominees of licensees (1) A licensee that is a body corporate must at all times have a nominee for licensed premises of the licensee. Maximum penalty—200 penalty units. (2) A licensee who is an individual must at all times have a nominee for licensed premises of the licensee. Maximum penalty—200 penalty units. (3) A licensee's nominee must, for the licensed premises for which the nominee is the licensee's nominee, ensure the conduct of gaming is in accordance with the authority conferred by the licensee's gaming machine licence. Maximum penalty for subsection (3)—200 penalty units. 196 Application for gaming nominee's licence by licensed gaming employee (1) A licensed gaming employee may apply for a gaming nominee's licence under this section. (2) The application must— (a) be made to the chief executive; and (b) be in the approved form; and (c) be accompanied by a notice in the approved form from a licensee nominating the applicant to be the licensee's nominee for licensed premises of the licensee; and (d) be accompanied by evidence that the chief executive considers on reasonable grounds shows the applicant has successfully completed an approved training course; and (e) be accompanied by any fee prescribed under a regulation for the application. (3) If the applicant's fingerprints were not taken for the application for the gaming employee's licence held by the applicant, the chief executive may, with the applicant's agreement, cause the applicant's fingerprints to be taken for the application under this section. (4) Except as provided in subsection (5), the chief executive must grant an application for a gaming nominee's licence made by a licensed gaming employee if the application complies with subsection (2). (5) The chief executive may refuse to grant the application if the applicant's fingerprints have not been taken under subsection (3) because of the applicant's failure to agree to the action being taken. (6) If the chief executive grants the application, the chief executive must immediately issue a gaming nominee's licence to the applicant. (7) If the chief executive refuses to grant the application, the chief executive must— (a) immediately give the applicant an information notice for the decision; and (b) have any fingerprints of the applicant taken for the application destroyed as soon as practicable. (8) On the issue of a gaming nominee's licence to a person under subsection (6), the gaming employee's licence held by the person is (if still in force) cancelled. (9) Within 14 days after the person receives the gaming nominee's licence, the person must return the gaming employee's licence held by the person to the chief executive. Maximum penalty for subsection (9)—40 penalty units. 197 Application for gaming employee's licence by licensed gaming nominee (1) A licensed gaming nominee may apply for a gaming employee's licence under this section. (2) The application must— (a) be made to the chief executive; and (b) be in the approved form; and (c) be accompanied by any fee prescribed under a regulation for the application. (3) The chief executive must grant an application for a gaming employee's licence made by a licensed gaming nominee if the application complies with subsection (2). (4) If the chief executive grants the application, the chief executive must immediately issue a gaming employee's licence to the applicant. (5) If the chief executive refuses to grant the application, the chief executive must immediately give the applicant an information notice for the decision. (6) On the issue of a gaming employee's licence to a person under subsection (4), the gaming nominee's licence held by the person is (if still in force) cancelled. (7) Within 14 days after the person receives the gaming employee's licence, the person must return the gaming nominee's licence held by the person to the chief executive. Maximum penalty for subsection (7)—40 penalty units. 198 Applications for licences under this part (1) This section deals with applications for repairers', service contractors', gaming nominees', gaming employees' and key monitoring employees' licences. (2) An application for a repairer's, gaming nominee's, gaming employee's or key monitoring employee's licence may only be made by an individual. (3) An application for a service contractor's licence may be made by an individual or body corporate. (4) An application under this part— (a) is to be made in the approved form; and (b) in the case of an application by an individual—must be signed by the applicant; and (c) in the case of an application by a body corporate—must be signed in the appropriate way; and (d) is to state the full name, address and date of birth— (i) in the case of an application by an individual—of the applicant; and (ii) in the case of an application by a body corporate—of the secretary and each executive officer of the body corporate; and (e) in the case of an application for a repairer's, gaming nominee's, gaming employee's or key monitoring employee's licence—is to be accompanied by photographs of the applicant, of such type and number as are determined by the chief executive and certified in such way as is so determined; and (f) in the case of an application by a body corporate—is to be accompanied by— (i) a copy of the certificate of incorporation of the body corporate; and (ii) a copy of the memorandum and articles of association, rules, constitution or other incorporating documents in force at the time of making the application certified as a true copy by the secretary of the body corporate or other person properly authorised to certify by the body corporate; and (iii) unless the body corporate is a company that has only 1 director—a copy of the resolution or minute of the proceedings of the governing body of the body corporate by which approval was given to the making of the application, certified as a true copy by the person certifying the copy of the matters referred to in subparagraph (ii); and (iv) a copy of the last audited balance sheet or statement of the financial affairs of the body corporate; and (g) in the case of an application for a repairer's licence, or an application for a key monitoring employee's licence made by a person who is not a key officer for a licensed monitoring operator—must be accompanied by an employment notice for the application; and (h) in the case of an application for a gaming nominee's licence—must be accompanied by— (i) a notice in the approved form from a licensee nominating the applicant to be the licensee's nominee for licensed premises of the licensee; and (ii) evidence that the chief executive considers on reasonable grounds shows the applicant has successfully completed an approved training course; and (i) in the case of an application for a repairer's or service contractor's licence—is to be accompanied by an affidavit under section 210; and (j) is to contain or be accompanied by such other information, records, reports, documents and writings relating to the application and applicant as are determined by the chief executive; and (k) is to be forwarded to or lodged with the chief executive; and (l) is to be accompanied by the fee prescribed. (5) Subsection (4)(g) does not apply to an application if the applicant intends, on the issue of a repairer's licence, to carry on the business of a licensed repairer in the applicant's own right. (6) For subsection (4)(c), an application for a licence under this part 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 chief executive 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 chief executive considers appropriate. (7) In this section— employment notice, for an application for a key monitoring employee's licence, means a notice that— (a) is given by a licensed monitoring operator; and (b) states that the operator intends to employ the applicant as a licensed key monitoring employee, subject to the applicant being issued with a key monitoring employee's licence. employment notice, for an application for a repairer's licence, means a notice that— (a) is given by a licensed monitoring operator, licensed repairer or licensed service contractor; and (b) states that the operator, repairer or service contractor intends to employ the applicant as a licensed repairer, subject to the applicant being issued with a repairer's licence. 199 Changes in circumstances of applicants for and holders of licences (1) If a person applies for a licence under this part and, before the application is granted or refused, a change happens in any information contained in, or accompanying, the application or in a notice given under this subsection, the applicant must, within 7 days of the change, give the chief executive written notice of the change. Maximum penalty—100 penalty units. (2) If, after the grant of a licence under this part, an event mentioned in subsection (3) happens, the holder of the licence must, within 7 days of the happening of the event, give the chief executive written notice of the event. Maximum penalty—100 penalty units. (3) The events required to be notified by the holder of the licence are— (a) the holder of the licence changes name or address; or (b) the holder of the licence— (i) is convicted of an offence against this Act; or (ii) if the holder is an individual—fails to discharge the holder's financial commitments, becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws about bankruptcy; or (iii) if the holder is a body corporate—is affected by control action under the Corporations Act; or (iv) is convicted of an indictable offence punishable by imprisonment for at least 1 year (irrespective of whether the offence is also punishable by a fine in addition, or as an alternative, to imprisonment). 200 Chief executive to consider application (1) The chief executive must consider an application for a licence under this part. (2) In considering the application, the chief executive— (a) must conduct investigations the chief executive considers are necessary and reasonable to help the chief executive decide the application; and (b) may require the applicant, or an associate of the applicant, to give the chief executive further information or a document for the application. (3) A requirement under subsection (2)(b)— (a) must be made by written notice given to the applicant or associate; and (b) may only relate to information or a document that is necessary and reasonable to help the chief executive decide the application. (4) The notice mentioned in subsection (3)(a) must state the period within which the requirement is to be complied with. (5) Also, in considering the application, the chief executive must have regard to each of the following matters— (a) if the applicant is an individual—the financial stability, general reputation and character of the applicant; (b) if the applicant is a body corporate— (i) the financial stability and business reputation of the body corporate; and (ii) the financial stability, general reputation and character of the secretary and each executive officer of the body corporate; (c) the suitability of the applicant to be the holder of a licence of the kind to which the application relates; (d) if a person is stated in an affidavit under section 210 as being a person who satisfies a description mentioned in subsection (4)(a) or (b) of that section—the suitability of the person to be an associate of the applicant; (e) if the chief executive considers it appropriate—the suitability of any other associate of the applicant to be an associate of the applicant; (f) whether the applicant has, or is able to obtain, the services of persons with appropriate business ability, knowledge or experience to enable the applicant to conduct operations successfully under a licence of the kind to which the application relates. (6) If the applicant is an individual, the chief executive may, with the applicant's agreement, cause the applicant's fingerprints to be taken. (7) Despite subsection (1), if the applicant is an individual, the chief executive is required to consider the application only if the applicant, if asked, agrees to having the applicant's fingerprints taken. (8) In considering an application, the chief executive also must have regard to any supporting material for the application. 201 Decision on application (1) The chief executive must, after considering the application, either grant or refuse to grant the application. (2) However, the chief executive may grant the application only if— (a) the chief executive is satisfied the applicant is a suitable person to hold the licence having regard to the matters mentioned in section 200(5); and (b) for an application by an individual—the applicant is over 18 years; and (c) for an application by a body corporate—the secretary and each executive officer of the body corporate is over 18 years. (3) If the chief executive decides to grant the application, the chief executive must immediately give the applicant— (a) the licence; and (b) if the chief executive decides to impose conditions on the licence— (i) an information notice for the decision; and (ii) for a licence that does not state the conditions—a written notice of the conditions. (4) If the chief executive decides to refuse to grant the application, the chief executive must— (a) immediately give the applicant an information notice for the decision; and (b) for an application by an individual—as soon as practicable, destroy the fingerprints of the applicant taken under section 200(6). (5) Also, if the applicant is a person in relation to whom the chief executive has given an approval to a licensee for section 189(4) or (6), the chief executive must give written notice of a decision under subsection (1) to the licensee. 202 Form of licence (1) A licence under this part must be in the approved form. (2) The approved form must provide for the inclusion of each of the following— (a) the name of the holder of the licence; (b) for a repairer's, gaming nominee's, gaming employee's or key monitoring employee's licence—a recent photograph of the holder of the licence; (c) the date of expiry of the licence. (3) Also, if the chief executive decides to impose conditions on the licence the conditions may be stated on the licence. 203 Issue of copy or replacement licence (1) If the chief executive is satisfied that a licence under this part that is in force has been damaged, lost or destroyed, the chief executive, upon payment of the fee prescribed, may issue to the holder of the licence a copy of the licence. (2) If the chief executive is satisfied the name of a person who is the holder of a licence under this part has been changed, the chief executive must issue to the person a fresh licence, stating the person's current name, to replace the licence (the affected licence) previously issued to the person. (3) However, the chief executive is required to issue a licence to a person under subsection (2) only if— (a) the fee prescribed under a regulation for the issue of the licence has been paid to the chief executive; and (b) the person's affected licence has been returned to the chief executive. (4) A copy of a licence issued under subsection (1), for all purposes, has the same effect as the original licence of which it is a copy. 204 Term of licences (1) Subject to this Act, a licence under this part remains in force for 5 years from the date of issue of the licence. (2) A licence under this part may be renewed. 205 Conditions of licences (1) A licence under this part is subject to such conditions (including any variation of the conditions made under section 206) as the chief executive may impose in the public interest or for the proper conduct of gaming at the time of granting the licence or under section 206. (2) A holder of a licence must not contravene a condition of the licence. Maximum penalty—200 penalty units. 206 Changing conditions of licence (1) The chief executive may decide to change the conditions of a licence under this part if the chief executive considers it is necessary or desirable to make the change in the public interest or for the proper conduct of gaming. (2) If the chief executive decides to change the conditions, the chief executive must immediately give the holder of the licence— (a) written notice of the changed conditions; and (b) an information notice for the decision. (3) A change of the conditions takes effect on— (a) the day the information notice for the decision is given to the holder; or (b) if a later day is stated in the notice—the later day. (4) The power of the chief executive to change conditions of a licence includes the power to add conditions to the licence. 206A Recording change of conditions (1) The holder of the licence must return the licence, and any written notice of conditions given to the holder under section 201(3)(b), to the chief executive within 14 days after receiving the information notice for the decision to change the conditions of the licence, unless the holder has a reasonable excuse. Maximum penalty—40 penalty units. (2) On receiving the licence and, if applicable, a written notice mentioned in subsection (1), the chief executive must— (a) amend the licence or written notice to include the changed conditions and return them to the holder; or (b) if the chief executive does not consider it practicable to amend the licence or written notice—give the holder a replacement licence, or written notice, showing the changed conditions. (3) The amendment of a licence does not depend on the licence or written notice being amended or replaced under this section. 207 Renewal and continuance of licences (1) A holder of a licence under this part may apply to the chief executive for renewal of the licence. (2) Application under subsection (1)— (a) is to be in the approved form; and (b) in the case of a repairer's, gaming nominee's, gaming employee's or key monitoring employee's licence—is to be accompanied by photographs of the applicant, of such type and number as are required under the form; and (c) is to be accompanied by the fee prescribed; and (d) is to be made, unless the chief executive otherwise allows, at least 1 month before the expiration of the licence; and (e) in the case of an application by a body corporate—is to be accompanied by a list of the names, addresses and dates of birth of— (i) the secretary of the body corporate; and (ii) the executive officers of the body corporate; and (iii) all other persons who have been the secretary or an executive officer of the body corporate since the licence was granted or last renewed; and (f) in the case of a repairer's or service contractor's licence—is to be accompanied by an affidavit under section 210. (3) If the chief executive considers that special circumstances exist, the chief executive may extend the term of a licence under this part, or renewal of the licence, for 1 month from the date of its expiration to allow the holder of the licence to comply with this section. (4) During the period of extension, the licence has the same effect as if it had been renewed. (5) If a licensee complies with this section, the chief executive must renew the licence for 5 years starting on— (a) if an extension was not given under subsection (3)—the day after its last expiry; or (b) if an extension was given under subsection (3)—the day after the day it would have last expired apart from the extension. (6) If an application under subsection (1) is refused, the chief executive must immediately give the applicant an information notice for the decision to refuse to renew the licence. 208 Licences not to be transferred A licence under this part is not to be transferred. 209 Display of certain licences, identity cards and particulars (1) A licensed repairer must at all times whilst installing, altering, adjusting, maintaining or repairing gaming equipment on licensed premises display the licensed repairer's licence currently in force on the licensed repairer's person in such way as to be visible to other persons unless the licence at any material time is in the possession of the chief executive. Maximum penalty—40 penalty units. (2) A licensed key monitoring employee carrying out functions as a key monitoring employee must, if asked by another person, produce the key monitoring employee's licence held by the employee for the other person's inspection, unless, at the material time, the licence is in the chief executive's possession. Maximum penalty—40 penalty units. (3) If a gaming employee, in carrying out gaming duties for licensed premises, makes a decision affecting a person on the premises, the gaming employee must, if asked by the person affected by the decision, produce for the person's inspection, the gaming employee's formal identification card, unless the gaming employee has a reasonable excuse. Maximum penalty—40 penalty units. (4) If a licensee's nominee for licensed premises of the licensee, while acting in the capacity of the licensee's nominee for the premises, makes a decision affecting a person on the premises, the nominee must, if asked by the person affected by the decision, produce for the person's inspection, the nominee's formal identification card, unless the nominee has a reasonable excuse. Maximum penalty—40 penalty units. (5) A licensee who has a nominee for licensed premises of the licensee must display in a conspicuous position inside the premises, and in a way that is legible from a reasonable distance— (a) the nominee's name; and (b) notice that the nominee is the licensee's nominee for the premises. Maximum penalty—40 penalty units. (6) In this section— formal identification card, for a gaming employee, means— (a) if the gaming employee is a licensed gaming employee employed under section 189(3), (4) or (5)—the gaming employee's licence held by the employee; or (b) if the gaming employee is a licensed gaming nominee employed under section 189(3) or (4)—the gaming nominee's licence held by the employee; or (c) for another gaming employee—the identity card given to the gaming employee under section 189(10) or 194(1). formal identification card, for a nominee, means— (a) for a nominee mentioned in section 193(1)—the gaming nominee's licence held by the nominee; or (b) for a nominee mentioned in section 193(2)—the gaming employee's licence held by the nominee; or (c) for another nominee—the identity card given to the nominee under section 194(1). 210 Disclosure of influential or benefiting parties (1) At the time of making an application for— (a) a repairer's or service contractor's licence—the applicant; or (b) a renewal of a repairer's or service contractor's licence—the licensed repairer or licensed service contractor; must forward to or lodge with the chief executive an affidavit made under this section. (2) An applicant or a licensed repairer or licensed service contractor who undergoes any change in circumstances in relation to information contained in the last affidavit forwarded or lodged under this section by the applicant or holder of the licence must, within 7 days of the change, forward to or lodge with the chief executive a fresh affidavit made under this section. Maximum penalty—100 penalty units. (3) An affidavit under this section is to be made by— (a) in the case of any applicant for or holder of the licence being an individual—that person; or (b) in the case of any applicant for or holder of the licence being a body corporate— (i) the principal executive officer of the body corporate; or (ii) if that officer does not have knowledge of the facts—some other person who has knowledge of the facts and who is authorised by the body corporate to make the affidavit. (4) An affidavit under this section is to be in the approved form and must disclose— (a) whether or not there is any person (other than, where the applicant or holder of the licence is a body corporate, the secretary, an executive officer, a member or shareholder of the body corporate carrying out the duties or exercising the normal rights the person has as such secretary, executive officer, member or shareholder) who will by any lease, agreement or arrangement be able to influence any decision made— (i) in the case of the applicant or holder of the licence being an individual—by that person; or (ii) in the case of the applicant or holder of the licence being a body corporate—by the body corporate or the secretary or an executive officer of the body corporate; in relation to the performance of the general functions that are, or are to be, permitted by the licence; and (b) whether or not there is any person other than the applicant or holder of the licence who by any lease, agreement or arrangement may expect any benefit from the applicant or holder in relation to the performance of the general functions that are, or are to be, permitted by the licence; and (c) if there is any person able to influence as referred to in paragraph (a) or expect benefit as referred to in paragraph (b)— (i) where any such person is an individual—the person's full name, address and date of birth; and (ii) where any such person is a body corporate—the name of the body corporate and the full name, address and date of birth of the secretary and each executive officer of the body corporate; and (iii) full and correct particulars of the lease, agreement or arrangement; and (d) in the case of the applicant or holder of the licence being a body corporate—the names of all persons who have a substantial holding in the body corporate. (5) Despite subsection (4), an affidavit under this section need not disclose anything that is prescribed for the purposes of this subsection. 211 Approving audit programs (1) The Minister may approve— (a) an audit program for investigating licensed gaming nominees, licensed repairers and licensed service contractors; and (b) an audit program for investigating associates of licensed gaming nominees, licensed repairers and licensed service contractors. (2) An audit program approved by the Minister may not provide for the investigation of persons under the program at intervals of less than 2 years. 212 Conducting investigations of licensed persons and associates (1) The chief executive may investigate a licensed person to help the chief executive decide whether the person is a suitable person to hold a licence of the kind held by the person. (2) The chief executive may investigate an associate of a licensed person to help the chief executive decide whether the associate is a suitable person to be an associate of the licensed person. (3) However, the chief executive may investigate a licensed person— (a) only if the chief executive reasonably suspects the person is not a suitable person to hold a licence of the kind held by the person; or (b) if the licensed person is a licensed gaming nominee, licensed repairer or licensed service contractor—only if the investigation is conducted under a nominees audit program, repairers audit program or contractors audit program. (4) Also, the chief executive may investigate an associate of the licensed person only if— (a) the chief executive reasonably suspects the associate is not a suitable person to be an associate of the licensed person; or (b) for an associate who was an associate of the licensed person when the person's licence was issued—the associate has not been investigated under section 200(2); or (c) for an associate who is an associate of a licensed gaming nominee, licensed repairer or licensed service contractor— (i) the investigation is conducted under an associates (nominees) audit program, associates (repairers) audit program or associates (contractors) audit program; or (ii) for an associate who became an associate of the licensed person after the issue of the person's licence—the associate has not been investigated previously under an associates (nominees) audit program, associates (repairers) audit program or associates (contractors) audit program. (5) The chief executive must ensure the investigation of a person under an audit program approved by the Minister under section 211(1) is conducted in compliance with the program. 213 Requirement to give information or document for investigation (1) In investigating a person under section 212, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation. (2) When making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. 214 Failure to give information or document for investigation (1) A person of whom a requirement is made under section 213 must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (2) It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person. (3) The person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation. 214A Grounds (1) Each of the following is a ground for suspending or cancelling a licence under this part— (a) the holder of the licence— (i) is not a suitable person to hold the licence; or (ii) acts in a way that is inappropriate for the conduct of gaming; or (iii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or (iv) contravenes a condition of the licence; or (v) contravenes a written direction given to the holder by the chief executive under this Act; (b) the holder of the licence or an associate of the holder has a conviction, other than a spent conviction, for— (i) an offence against this Act or a gaming Act; or (ii) an indictable offence; (c) the licence was issued because of a materially false or misleading representation or document. (2) Also, each of the following is a ground for suspending or cancelling a licence under this part that is held by a licensed repairer or a licensed service contractor— (a) the holder of the licence contravenes section 210(2); (b) if the holder or an associate of the holder is an individual—the holder or associate is an insolvent under administration within the meaning of the Corporations Act, section 9; (c) if the holder or an associate of the holder is a corporation—the holder or associate is affected by control action under the Corporations Act; (d) an associate of the holder— (i) is not a suitable person to be an associate of the holder; or (ii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or (iii) contravenes a written direction given to the associate by the chief executive under this Act; or (iv) has a conviction, other than a spent conviction, for an offence against this Act or a gaming Act, or an indictable offence. (3) For forming a belief that the ground mentioned in subsection (1)(a)(i) exists, the chief executive may have regard to the same matters to which the chief executive may have regard under section 200(5)(a), (b) and (f) in considering an application for a licence under this part. (4) For subsection (1)(a)(ii), the holder of a licence acts in a way that is inappropriate for the conduct of gaming if the holder does, or omits to do, an act that results in— (a) if the holder is a key monitoring employee of a licensed monitoring operator— (i) the licensed monitoring operator's supply operations not being conducted under the approved control system for the operator's supply operations; and (ii) the integrity of gaming and the conduct of gaming being jeopardised; or (b) otherwise—the integrity of gaming and the conduct of gaming being jeopardised. (5) For forming a belief that the ground mentioned in subsection (2)(d)(i) exists, the chief executive may have regard to the same matters to which the chief executive may have regard under section 200(5)(a) and (b) in considering an application for a licence under this part. (6) In this section— spent conviction means a conviction— (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 of that Act. 214B Show cause notice (1) If the chief executive believes a ground exists to suspend or cancel a licence under this part, the chief executive must before taking action to suspend or cancel the licence give the holder of the licence a written notice (a show cause notice). (2) The show cause notice must state the following— (a) the action the chief executive proposes taking under this subdivision (the proposed action); (b) the grounds for the proposed action; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) if the proposed action is suspension of the licence—the proposed suspension period; (e) that the holder of the licence may, within a stated period (the show cause period), make written representations to the chief executive to show why the proposed action should not be taken. (3) The show cause period must end at least 21 days after the holder of the licence is given the show cause notice. (4) Subsection (5) applies if the chief executive believes— (a) the holder of the licence is employed by an interested person of the holder; and (b) the existence of the grounds for the proposed action is likely to adversely affect the conduct of gaming by the interested person. (5) The chief executive must immediately give a copy of the show cause notice to the interested person. (6) The interested person may make written representations about the show cause notice to the chief executive in the show cause period. 214C Consideration of representations The chief executive must consider all written representations (the accepted representations) made under section 214B(2)(e) or (6). 214D Immediate suspension (1) The chief executive may suspend a licence under this part immediately if the chief executive believes— (a) a ground exists to suspend or cancel the licence; and (b) it is necessary to suspend the licence immediately— (i) in the public interest; or (ii) to ensure the integrity of the conduct of gaming is not jeopardised. (2) The suspension— (a) can be effected only by the chief executive giving the holder of the licence an information notice for the decision to suspend it, together with a show cause notice; and (b) operates immediately the information notice is given to the holder; and (c) continues to operate until the show cause notice is finally dealt with. (3) If the chief executive believes the holder of the licence is employed by an interested person of the holder, the chief executive must immediately give written notice of the suspension to the interested person. 214E Suspension and cancellation of licence after show cause process (1) This section applies if— (a) there are no accepted representations for a show cause notice; or (b) after considering the accepted representations for a show cause notice, the chief executive— (i) still believes a ground exists to suspend or cancel a licence under this part; and (ii) believes suspension or cancellation of the licence is warranted. (2) This section also applies if the holder of a licence contravenes a direction given to the holder under section 214H. (3) The chief executive may— (a) if the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or (b) if the proposed action was to cancel the licence—cancel the licence or suspend it for a period. (4) If the chief executive decides to take action under subsection (3), the chief executive must immediately— (a) give an information notice for the decision to the holder of the licence; and (b) if the chief executive believes the holder is employed by an interested person of the holder—give written notice of the suspension or cancellation to the interested person. (5) The decision takes effect on the later of the following— (a) the day the information notice is given to the holder of the licence; (b) the day of effect stated in the information notice. (6) If the chief executive cancels the licence, the holder must give the licence to the chief executive within 14 days after the cancellation takes effect. Maximum penalty for subsection (6)—40 penalty units. 214F Ending show cause process without further action (1) This section applies if, after considering the accepted representations for a show cause notice, the chief executive no longer believes a ground exists to suspend or cancel a licence under this part. (2) The chief executive— (a) must not take any further action about the show cause notice; and (b) must give each of the following a written notice stating that no further action is to be taken— (i) the holder of the licence; (ii) an interested person to whom a copy of the show cause notice was given under section 214B(5). 214G Censuring licensed person (1) The chief executive may censure the holder of a licence under this part for a matter relating to a ground for suspension or cancellation if the chief executive— (a) believes a ground exists to suspend or cancel the licence but does not believe that giving a show cause notice to the holder is warranted; or (b) after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the licence but does not believe suspension or cancellation of the licence is warranted. (2) The censure can be effected only by the chief executive giving the holder of the licence an information notice for the decision to censure the holder. (3) If the chief executive believes the holder of the licence is employed by an interested person of the holder, the chief executive must immediately give written notice of the censure to the interested person. 214H Direction to rectify matter after show cause process (1) This section applies if, after considering the accepted representations for a show cause notice, the chief executive— (a) still believes a ground exists to suspend or cancel a licence under this part; and (b) believes a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the holder of the licence an opportunity to rectify the matter. (2) The chief executive may direct the holder of the licence to rectify the matter. (3) If the chief executive decides to give the holder of a licence a direction under this section, the direction can be effected only by the chief executive giving the holder an information notice for the decision. (4) The information notice must state the period for rectifying the matter. (5) The period must be reasonable, having regard to the nature of the matter to be rectified. (6) If the chief executive gave a copy of the show cause notice to an interested person under section 214B(5), the chief executive must give written notice of the direction to the interested person immediately after giving the information notice to the holder of the licence. 214I Cancellation or reduction of period of suspension (1) If the chief executive suspends a licence, the chief executive may, for any remaining period of suspension and at any time the suspension is in force— (a) cancel the period; or (b) reduce the period by a stated period. (2) The chief executive may cancel or reduce the period only if the chief executive considers it is appropriate to take the action. (3) The chief executive must immediately give written notice of the decision to— (a) the holder of the licence; and (b) if the chief executive believed the holder was employed by an interested person of the holder when the licence was suspended—the interested person. (4) Subsection (1) does not apply to an immediate suspension. 215 Cessation or commencement of executive officer or secretary A licensed service contractor that is a body corporate must notify the chief executive in the approved form— (a) that a person has ceased to be the secretary or an executive officer of the body corporate; and (b) that a person has started as the secretary or an executive officer of the body corporate; and (c) the full name, address and date of birth of any person referred to in paragraph (b); within 7 days of ceasing or starting. Maximum penalty—40 penalty units. 216 Employment of licensed repairers A person (an employer) must not employ a licensed repairer to carry out functions as a licensed repairer, unless the employer is a licensed monitoring operator, a licensed service contractor or another licensed repairer. Maximum penalty—100 penalty units. 217 Returns about employees and agreements (1) In this section— employer means a licensed monitoring operator, licensed repairer or licensed service contractor. (2) An employer must give the chief executive a return as required by this section stating the name and licence number of each person employed by the employer as a licensed repairer when the return is given. Maximum penalty—40 penalty units. (3) An employer must give the chief executive a return as required by this section stating the name and licence number of each person with whom the employer has a service contract when the return is given. Maximum penalty—40 penalty units. (4) A licensee must give the chief executive a return as required by this section stating— (a) the name and licence number of each licensed gaming employee employed by the licensee under section 189(3), (4) or (5) for licensed premises of the licensee when the return is given; and (b) the name of each applicant for a gaming employee's licence employed by the licensee under section 189(4) or (6) for licensed premises of the licensee when the return is given; and (c) the name and licence number of each licensed gaming nominee who is a nominee of the licensee under section 193(1) for licensed premises of the licensee when the return is given; and (d) the name and licence number of each licensed gaming employee who is a nominee of the licensee under section 193(2) for licensed premises of the licensee when the return is given; and (e) the name of each applicant for a gaming nominee's licence who is a nominee of the licensee under section 193(3) for licensed premises of the licensee when the return is given. Maximum penalty—40 penalty units. (5) A return for subsection (2), (3) or (4) must— (a) be in the approved form; and (b) be given within 14 days after being requested by the chief executive to give the return. (6) A request made by the chief executive to an employer or licensee for subsection (5)(b)— (a) must be in writing; and (b) must not be made within 1 month of a previous request made to the employer or licensee for subsection (5)(b). (7) If it becomes known to an employer that a person employed by the employer as a licensed repairer is not a licensed repairer the employer must immediately terminate the employment of that person as a licensed repairer. Maximum penalty—200 penalty units. (8) If it becomes known to the chief executive or a licensed monitoring operator that a person with whom the chief executive or licensed monitoring operator has made a service contract is not a licensed repairer or licensed service contractor the chief executive or licensed monitoring operator must immediately terminate the service contract. Maximum penalty—200 penalty units or 1 year's imprisonment. (9) If it becomes known to a licensed repairer or licensed service contractor that a person (other than the chief executive or a licensed monitoring operator) with whom the repairer or service contractor has made a service contract is not a licensed repairer or licensed service contractor the licensed repairer or licensed service contractor must immediately terminate the service contract. Maximum penalty—200 penalty units or 1 year's imprisonment. (10) A licensee must immediately end the employment of a person employed by the licensee if— (a) the person is employed on the basis the person is a licensed gaming employee and the licensee becomes aware the person is not a licensed gaming employee; or (b) the person is employed on the basis the person is a licensed gaming nominee and the licensee becomes aware the person is not a licensed gaming nominee; or (c) the person is employed under section 189(4)(b) or (6) and the licensee becomes aware the application of the person for a gaming employee's or nominee's licence has been refused. Maximum penalty—200 penalty units. (11) A licensee must immediately take action to stop a person being the licensee's nominee for licensed premises of the licensee if— (a) the licensee designated the person as the licensee's nominee for the premises on the basis the person was a licensed gaming nominee and the licensee becomes aware the person is not a licensed gaming nominee; or (b) the licensee designated the person as the licensee's nominee for the premises on the basis the person was a licensed gaming employee and the licensee becomes aware the person is not a licensed gaming employee; or (c) the person became the licensee's nominee for the premises under section 193(3) and the licensee becomes aware the application of the person for a gaming nominee's licence has been refused. Maximum penalty—200 penalty units. (12) The provisions of subsection (7), (8), (9), (10) or (11) are sufficient authority to take the action mentioned in that subsection, despite any other Act or law or any industrial award or agreement. (13) No right of action arises against any person because of that termination. 218 Surrender of licences (1) The holder of a licence under this part, at any time, by forwarding to or lodging with the chief executive notification in the approved form, and the licence under this part, may surrender the licence. (2) The notification must be signed in the same way an application for a licence under this part is required to be signed. (3) The surrender of the licence takes effect— (a) if paragraph (b) or (c) does not apply—on the day (the set day) that is 14 days after the notification of surrender is given; or (b) if a day of effect that is later than the set day is stated in the notification of surrender—on the day stated in the notification; or (c) if, at the request of the holder of the licence, the chief executive, by written notice, approves a day of effect that is earlier than the set day—on the day approved by the chief executive. 223 Destruction of fingerprints (1) This section applies if— (a) a person ceases to be a licensed repairer, licensed gaming nominee, licensed gaming employee or licensed key monitoring employee; or (b) a person who is an individual ceases to be a licensed service contractor. (2) The chief executive must have any fingerprints of the person taken for the application for the licence held by the person destroyed as soon as practicable. 224 Provisional licences (1) The chief executive may grant to an applicant for a licence under this part a provisional licence if the chief executive considers that— (a) a decision in respect of the application may not be made for some time; and (b) the conduct of gaming may be prejudiced or disadvantaged if the applicant is not granted a provisional licence; and (c) the issue of the provisional licence will not prejudice or disadvantage gaming or the conduct of gaming. (2) The chief executive may impose on a provisional licence such conditions as the chief executive considers are necessary in the public interest. (3) If the chief executive grants a provisional licence, the chief executive must issue the licence in the approved form and endorse on the licence any conditions imposed under subsection (2). (4) A provisional licence remains in force until— (a) a repairer's licence, service contractor's licence, gaming nominee's licence, gaming employee's licence or key monitoring employee's licence is granted and issued or the chief executive refuses to grant the licence; or (b) it is surrendered by its holder; or (c) it is cancelled by the chief executive. (5) The chief executive, at any time, may cancel a provisional licence granted under subsection (1). (6) No right of action arises against the chief executive or any other person because of a decision under subsection (5) in respect of the termination of employment or otherwise. (7) A provisional licence while it remains in force and subject to conditions imposed under subsection (2) has the same effect as if it were a repairer's licence, service contractor's licence, gaming nominee's licence, gaming employee's licence or key monitoring employee's licence. 225 Installation and storage of gaming machines by licensees (1) Subject to subsection (2), a licensee must install each authorised gaming machine of the licensee in a gaming machine area on the licensee's licensed premises. (2) A licensee must cause an authorised gaming machine of the licensee that is not installed in a gaming machine area on the licensee's licensed premises— (a) to be stored on premises approved by the chief executive; and (b) to be secured in the way approved by the chief executive. Maximum penalty—200 penalty units. (3) A licensee must not store a gaming machine for more than 2 months without the chief executive's written approval. Maximum penalty for subsection (3)—200 penalty units. 226 Licensee's register of gaming machines (1) Each licensee must, at each of the licensee's licensed premises, keep a register listing all gaming machines on the premises. Maximum penalty—100 penalty units. (2) The register must be in the approved form and must show if each gaming machine— (a) is owned or leased by the licensee, or otherwise in the licensee's possession under an arrangement; and (b) is, or is not, connected to an electronic monitoring system. (3) In this section— leased includes supplied under a hire-purchase agreement under the Hire- purchase Act 1959 and subleased. 227 Gaming machines not to be played if not installed in gaming machine area (1) Subject to subsection (2), a person who plays or allows another person to play a gaming machine— (a) that is an authorised gaming machine of a licensee; and (b) that is not installed in a gaming machine area; commits an offence against this Act. Maximum penalty—1000 penalty units or 5 years imprisonment. (2) Subsection (1) does not apply to a licensed repairer who plays a gaming machine— (a) that is an authorised gaming machine of a licensee; and (b) that is not installed in a gaming machine area; in the course of altering, adjusting, maintaining, repairing or testing the gaming machine. (3) Where winnings become payable because of playing a gaming machine as authorised by subsection (2), those winnings remain the property of— (a) if the gaming machine is part of a multiple site linked jackpot arrangement for which a licensed monitoring operator has an approval for its operation under section 287—the licensed monitoring operator who has the approval; or (b) otherwise—the licensee for the gaming machine. (4) Subsection (3) applies to winnings whether the winnings are attributable to obtaining a winning result or promotions. 228 Gaming equipment not to be an annoyance etc. (1) A licensee must not locate, or allow to be located, gaming equipment on the licensee's licensed premises in such a way as to be an annoyance due to the location of the gaming equipment, the noise generated by the operation of the equipment or for any other reason. Maximum penalty—40 penalty units. (2) A licensed dealer or licensee must not allow any gaming equipment to convey or exhibit— (a) any false, misleading, rude or offensive message; or (b) excessive or unnecessary advertising by— (i) any words, whether written or spoken; or (ii) a pictorial representation or design; or (iii) any other way. Maximum penalty—40 penalty units. (3) Where, in the opinion of an inspector, a contravention of this section is being or has been committed, the chief executive may, instead of instituting or authorising the institution of proceedings for an offence against subsection (1) or (2), by written notice, direct the licensed dealer, licensee or person— (a) to do or cease doing anything that constitutes the contravention; or (b) not to again do or omit to do anything that constituted the contravention. (4) A licensed dealer, licensee or person who fails to comply with a direction given under subsection (3) commits an offence against this Act. Maximum penalty for subsection (4)—200 penalty units. 229 Advertisements related to gaming (1) This section applies to an advertisement about— (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. (2) A person who publishes, or authorises the publication of, an advertisement to which this section applies must take reasonable steps to ensure the advertisement— (a) is not indecent or offensive; and (b) is based on fact; and (c) is not false, deceptive or misleading in a material particular. 230 Directions about advertising (1) If the chief executive reasonably believes an advertisement to which section 229 applies does not comply with that section, the chief executive may direct the person appearing to be responsible for authorising the advertisement to take appropriate steps— (a) to stop publication of the advertisement; or (b) to change the advertisement. (2) The direction must— (a) be in writing; and (b) state the grounds for the direction; and (c) for a direction to change the advertisement—state how the advertisement is to be changed. (3) A person to whom a direction is given must comply with the direction, unless the person has a reasonable excuse. Maximum penalty for subsection (3)—200 penalty units. 231 Installation, operation and modification of gaming related systems (1) A person (other than the chief executive) who is not a licensed monitoring operator must not— (a) install a gaming related system on licensed premises; or (b) modify an electronic monitoring system operating on licensed premises. Maximum penalty—200 penalty units. (2) A person who is not a licensee or licensed monitoring operator must not operate a gaming related system on licensed premises. Maximum penalty—200 penalty units. (3) A licensed monitoring operator must not, without the chief executive's written approval— (a) install a gaming related system on licensed premises; or (b) modify an electronic monitoring system operating on licensed premises. Maximum penalty—200 penalty units. (4) A licensee or licensed monitoring operator must not operate a gaming related system on licensed premises— (a) without the chief executive's written approval; and (b) unless the system was installed on the premises by the chief executive or a licensed monitoring operator. Maximum penalty—200 penalty units. (5) A person must not cause a gaming related system to be installed on licensed premises, or cause an electronic monitoring system on licensed premises to be modified— (a) without the chief executive's written approval; and (b) unless the installation or modification is carried out by the chief executive or a licensed monitoring operator. Maximum penalty—200 penalty units. (6) A person must not cause a gaming related system on licensed premises to be operated— (a) without the chief executive's written approval; and (b) unless the operation is carried out by a licensee or licensed monitoring operator; and (c) unless the system was installed on the premises by the chief executive or a licensed monitoring operator. Maximum penalty—200 penalty units. (7) A licensee must permit such works and actions, by the chief executive or a licensed monitoring operator or any person acting on behalf of the chief executive or a licensed monitoring operator, on any place under the control of the licensee as are necessary to facilitate the installation, alteration, adjustment, maintenance, repair or continued effective operation of an electronic monitoring system installed on the licensee's licensed premises under this section. Maximum penalty—200 penalty units. (8) A licensee must, at the licensee's expense, provide— (a) locations, to the satisfaction of the chief executive or a licensed monitoring operator, for the installation of equipment connected with; and (b) any electricity or other operating requirements of; an electronic monitoring system installed on the licensee's licensed premises under this section. Maximum penalty—200 penalty units. (9) A licensee must, at the licensee's expense, provide the chief executive or a licensed monitoring operator, continuous, free and unfettered access to— (a) any data held in or available from; and (b) the operation of; an electronic monitoring system installed, or proposed to be installed, under this section. Maximum penalty for subsection (9)—200 penalty units. 232 Approvals for gaming related systems (1) This section applies to the chief executive for giving, or refusing to give, an approval for section 231 for a gaming related system. (2) If, for deciding whether or not to give the approval, the chief executive considers it is necessary for the gaming related system to be tested, the chief executive may— (a) carry out the test; or (b) direct the applicant— (i) to arrange to have the system tested by a licensed testing facility operator; and (ii) to give the chief executive a written report of the test in the approved form. (3) If the chief executive carries out a test of the gaming related system— (a) the applicant must pay the fee prescribed under a regulation for the test to the chief executive; and (b) if an amount of the fee is not paid by the applicant, the State may recover the amount from the applicant as a debt. (4) The chief executive may refuse to give an approval if— (a) the fee payable for a test carried out by the chief executive is not paid; or (b) the applicant fails to comply with a direction of the chief executive under subsection (2)(b). (5) If the chief executive gives the approval, the chief executive must immediately give the applicant written notice of the decision. (6) If the chief executive refuses to give the approval, the chief executive must immediately give the applicant an information notice for the decision. (7) In this section— applicant means the person by whom an approval of the chief executive for section 231 is sought. 233 Basic monitoring fees If a licensed monitoring operator supplies basic monitoring services to a licensee, the licensed monitoring operator must not charge the licensee more than the basic monitoring fee prescribed under a regulation for supplying basic monitoring services. Maximum penalty—200 penalty units. 234 Maintenance of facilities etc. (1) A licensee must— (a) ensure that the operation of gaming machines on the licensee's licensed premises is conducted in such way as, in the opinion of the chief executive, is proper and competent; and (b) ensure that anything forming part of a gaming machine that is visible without opening the machine is maintained in good order and is not defaced or altered in any way; and (c) maintain all facilities and amenities on the licensee's licensed premises that are related to gaming in such condition as will provide maximum safety and comfort for persons on the premises; and (d) ensure that all installations, equipment and procedures for security and safety purposes are used, operated and applied for the preservation and maintenance of those purposes. Maximum penalty—200 penalty units. (2) A licensee must not— (a) employ or allow; or (b) cause or allow any other person to employ or allow; any barker or shill to entice any person to play gaming machines on the licensee's licensed premises. Maximum penalty for subsection (2)—40 penalty units. 235 Hours of gaming (1) A licensee must not conduct gaming, or allow gaming to be conducted, in any part of the licensee's licensed premises— (a) outside the hours of gaming fixed for the licensed premises by the commission; or (b) when the licensee or an employee of the licensee is not in the part of the premises to supervise gaming; or (c) during a period prescribed for the purposes of this section. Maximum penalty—200 penalty units. (2) The hours of gaming fixed for licensed premises can not extend to any time when, under the liquor licence relating to the premises, liquor is not permitted to be consumed in the licensed premises. 236 Rules ancillary to gaming (1) Activities ancillary to gaming are subject to rules known as rules ancillary to gaming. (2) The rules ancillary to gaming for licensed premises are— (a) such rules ancillary to gaming as are prescribed; or (b) those rules as amended, added to, repealed or substituted under subsection (3). (3) The chief executive may and a licensee, with the approval of the chief executive, in respect of the licensee's licensed premises, may— (a) amend, add to or repeal; or (b) substitute a rule or other rules for; a rule or the rules prescribed under subsection (2) or such rules as amended or added to, or any rule or rules substituted for the rule or rules, under this subsection. (4) If the chief executive takes action under subsection (3) (other than by way of approval), the chief executive by written notice, must advise the licensee accordingly. (5) Any amendment, addition, repeal or substitution made under subsection (3) takes effect from the date specified for the purpose in the chief executive's written notice or approval. (6) If the Governor in Council repeals all the rules ancillary to gaming and substitutes fresh rules, any notice or approval given under subsection (3) that is in force is revoked. 237 Rules ancillary to gaming to be displayed and enforced A licensee, when gaming is being conducted on the licensee's licensed premises, must cause the rules ancillary to gaming that are, at that time, the rules for the licensed premises— (a) to be displayed in a conspicuous position, and in a way that ensures the rules are clearly legible from a reasonable distance, in each gaming machine area on the licensed premises; and (b) to be enforced. Maximum penalty—40 penalty units. 238 Licensees or employees not to extend credit (1) A licensee must not make a loan or extend credit in any form, to any person to enable that person or any other person to play a gaming machine on the licensee's licensed premises. Maximum penalty—200 penalty units. (2) An employee of a licensee must not, in the course of the employee's employment, make a loan or extend credit in any form to any person, including the employee, to enable the person or another person to play a gaming machine on the licensee's licensed premises. Maximum penalty—200 penalty units. (3) If a cash advance is made to a person in circumstances where a licensee or an employee of a licensee knows, or ought reasonably to know, that the person intends to use the cash advance for gaming, the licensee or employee must not represent that the cash advance was made for some other purpose. Maximum penalty for subsection (3)—200 penalty units. 239 Gaming tokens (1) A licensee in conducting gaming on the licensee's licensed premises must only use gaming tokens. Maximum penalty—200 penalty units. (2) A licensee must cause all transactions, in respect of the sale or redemption of gaming tokens on the licensee's licensed premises, to be carried out in such way as ensures the integrity of the transactions. Maximum penalty for subsection (2)—200 penalty units. 240 Gaming tokens that are not Australian currency (1) This section does not apply to a gaming token that— (a) has no value marked on the gaming token; and (b) forms part of a centralised credit system approved under section 231(1). (2) Where a person is a licensee who conducts gaming by the use of gaming tokens that are not Australian currency, that person, at all reasonable times, must— (a) during the time the person is a licensee; and (b) for 1 year after the person ceases to be a licensee; redeem the gaming token for the value that is marked on the gaming token. Maximum penalty—200 penalty units. (3) A licensee must not sell for the purpose of gaming any gaming token that is not Australian currency unless— (a) the gaming token is approved by the chief executive for use on the licensee's licensed premises; and (b) the value (in Australian currency) that the gaming token represents for the purpose of gaming on the licensee's licensed premises is approved by the chief executive; and (c) the gaming token is of the physical characteristics approved by the chief executive; and (d) there is marked on the gaming token, in such a way as is approved by the chief executive— (i) the value approved under paragraph (b); and (ii) the name of the licensee or a symbol, approved by the chief executive, that clearly identifies the licensee from all other licensees; and (iii) the name of the licensed premises or a symbol, approved by the chief executive, that clearly identifies the licensed premises from all other licensed premises; and (e) the gaming token is in good condition. Maximum penalty—200 penalty units. (4) Before placing an order to purchase gaming tokens that are not Australian currency with a manufacturer of gaming tokens, a licensee must obtain from the chief executive approval for the purchase of the gaming tokens. Maximum penalty—200 penalty units. (5) A manufacturer of gaming tokens must not accept an order to manufacture, or manufacture, gaming tokens that are not Australian currency unless there is produced to the manufacturer an approval given under subsection (4) in respect of the gaming tokens. Maximum penalty—200 penalty units. (6) A licensee, except in the genuine redemption of gaming tokens, must not purchase gaming tokens that are not Australian currency from any person who is not a manufacturer of gaming tokens approved by the chief executive. Maximum penalty—200 penalty units. (7) A licensee must keep, and at all times accurately maintain, a written inventory of gaming tokens that are not Australian currency purchased from a manufacturer of gaming tokens. Maximum penalty for subsection (7)—200 penalty units. 241 Entitlement of players to winnings (1) This section applies if a person (the player) playing a gaming machine installed on licensed premises becomes entitled to receive an amount or a non- monetary prize because of the playing of the gaming machine. (2) The responsible licensed person must ensure the player— (a) is paid the amount the player is entitled to receive, calculated in the way prescribed under a regulation; or (b) receives the non-monetary prize the player is entitled to receive. Maximum penalty—200 penalty units. (3) In this section— responsible licensed person, for an amount or non-monetary prize mentioned in subsection (1), means— (a) if the gaming machine under which the entitlement to the amount or prize arises is not part of a multiple site linked jackpot arrangement for which a licensed monitoring operator has an approval for its operation under section 287—the licensee of the licensed premises on which the gaming machine is installed; or (b) if the gaming machine under which the entitlement to the amount or prize arises is part of a multiple site linked jackpot arrangement for which a licensed monitoring operator has an approval for its operation under section 287—the licensed monitoring operator who has the approval for the operation of the arrangement. 242 Payments for gaming (1) This section applies to a licensee or licensed monitoring operator who is required to make a payment for— (a) an amount for winnings, or gaming machine credits, that is not made by a gaming machine; or (b) the redemption of gaming tokens. (2) The licensee or licensed monitoring operator must make the payment— (a) if paragraph (b) does not apply—with Australian currency; or (b) if, under a regulation or the ancillary rules, the payment is required to be made in a way prescribed under the regulation or stated in the rules—in the way prescribed or stated. Maximum penalty—200 penalty units. (3) Subsection (2) does not apply to a licensee or licensed monitoring operator for a payment that, apart from this subsection, would be required to be made with Australian currency if, at the request of the person entitled to receive the payment, the licensee or operator makes the payment by— (a) gaming tokens (other than Australian currency); or (b) a cheque; or (c) a combination of Australian currency, gaming tokens (other than Australian currency) and a cheque. (4) Nothing in subsection (3) requires a licensee or licensed monitoring operator to make a payment in the way requested by a person. (5) In this section— ancillary rules, for a payment under this section, means the rules that, under section 237, are required to be displayed on the licensed premises on which the gaming machine to which the payment relates is installed. 242A Unclaimed payments (1) If a person entitled to a non-monetary payment in relation to playing a gaming machine does not collect the payment within 3 months after the person becomes entitled to the payment, the relevant person may— (a) dispose of the payment by public auction or tender or in some other way approved by the chief executive; and (b) pay for the disposal from the proceeds of sale. (2) Also, the relevant person must deal with any amount remaining from the proceeds of sale as required under subsection (4). Maximum penalty—100 penalty units. (3) If a person is entitled to a monetary payment in relation to playing a gaming machine and the amount is not paid within 3 months after the person becomes entitled to the payment, the relevant person must, within 14 days after the end of the 3 months, deal with the amount as required under subsection (4). Maximum penalty—100 penalty units. (4) The relevant person must, for an amount mentioned in subsection (2) or (3)— (a) if the relevant person knows who is entitled to receive the amount and the person's whereabouts—pay the amount to the person; or (b) if the relevant person knows who is entitled to receive the amount, but the relevant person does not know the person's whereabouts—pay the amount into the designated departmental account; or (c) if the relevant person does not know who is entitled to receive the amount—pay the amount into the designated departmental account. (5) In this section— designated departmental account means a departmental financial institution account of the department designated under a regulation as the account to which payments are to be made under subsection (4)(b) or (c). payment does not include promotions. relevant person means— (a) for a multiple site linked jackpot arrangement—the licensed operator; or (b) otherwise—the licensee. 243 Gaming by employees of licensees (1) This section applies if— (a) an employee of a licensee who is not a gaming employee plays a gaming machine on the licensee's licensed premises for carrying out the employee's duties; and (b) a winning result is, or promotions are, obtained by the playing of the gaming machine. Editor's note— The issue of the playing of gaming machines by gaming employees is dealt with in section 338 (Certain persons not to play gaming machines). (2) No amount is payable to the employee for the winning result or promotions, and any winnings produced by obtaining the winning result or because of the promotions remain the property of— (a) if the gaming machine is part of a multiple site linked jackpot arrangement for which a licensed monitoring operator has an approval for its operation under section 287—the licensed monitoring operator who has the approval; or (b) otherwise—the licensee. 244 Gaming system malfunctions (1) This section applies if— (a) a credit of gaming tokens (a displayed win) is registered by a gaming machine by the playing of the gaming machine; or (b) a gaming system component produces a display (also a displayed win) to indicate, for a gaming machine— (i) an amount (a prize amount) has been won by the playing of the gaming machine; or (ii) a non-monetary prize (a prize item) has been won by the playing of the gaming machine. (2) A gaming employee for the licensed premises on which the gaming machine is installed may— (a) refuse to make a payment, or to allow a payment to be made, to a person for the registered credit; or (b) refuse to pay the prize amount, or to allow the prize amount to be paid, to a person; or (c) refuse to award the prize item, or to allow the prize item to be awarded, to a person. (3) However, the gaming employee may make a payout refusal decision about a displayed win only if the gaming employee is satisfied the registering or production of the displayed win is caused by a gaming system malfunction. (4) If a gaming employee makes a payout refusal decision about a displayed win, the gaming employee must ensure the gaming machine to which the displayed win relates is not played, except for testing purposes, until the gaming system malfunction is rectified. Maximum penalty—200 penalty units. (5) A gaming employee may make a payout refusal decision regardless of the reason for the gaming system malfunction. (6) Subsection (1) applies to a displayed win whether the displayed win is attributable to the obtaining of a winning result, promotions or something else. 245 Notices and reports about payout refusal decisions (1) This section applies if a gaming employee makes a payout refusal decision about a displayed win. (2) As soon as practicable after making the decision, the gaming employee must— (a) give the person affected by the decision (the affected person) a written notice stating— (i) that the person may ask for a review of the decision; and (ii) how the request for the review may be made; and (b) give a report of the decision, in the approved form, to the licensee (the involved licensee) of the licensed premises at which the gaming employee is carrying out gaming duties. Maximum penalty—40 penalty units. (3) As soon as practicable after receiving a report under subsection (2), the involved licensee must give a copy of the report to the involved licensed monitoring operator. Maximum penalty—40 penalty units. (4) However, the involved licensee is not required to give a copy of the report to the involved licensed monitoring operator if the involved licensee overrules the decision of the gaming employee. 246 Requests for review of payout refusal decisions (1) An affected person who is dissatisfied with a payout refusal decision may ask for a review of the decision. (2) A request under subsection (1) must— (a) be in writing; and (b) be given to the involved licensee; and (c) be made within 10 days after the payout refusal decision is made; and (d) state the grounds for seeking a review of the decision. (3) As soon as practicable after receiving a request for a review of a payout refusal decision, the involved licensee must give a copy of the request to the involved licensed monitoring operator. 247 Review of payout refusal decisions (1) This section applies to an involved licensed monitoring operator on receiving a copy of a request about a payout refusal decision under section 246. (2) The involved licensed monitoring operator must— (a) review the payout refusal decision as soon as practicable after receiving the copy of the request; and (b) decide the review by either confirming or overruling the payout refusal decision; and (c) immediately after making a decision for the review, give written notice of the decision, as required under this section, to— (i) the person by whom the request for the review was made (the claimant); and (ii) the involved licensee. (3) However, the involved licensed monitoring operator may confirm the payout refusal decision only if the operator is satisfied the registering or production of the displayed win to which the decision relates was caused by a gaming system malfunction. (4) The notice mentioned in subsection (2)(c) must state— (a) the outcome of the review (the review decision); and (b) the reasons for the review decision; and (c) if the review decision is a decision confirming the payout refusal decision— (i) that the claimant may ask the chief executive to review the review decision; and (ii) how the request for the further review may be made. 248 Review of initial review decisions (1) This section applies if a claimant for a review of a payout refusal decision— (a) receives a notice under section 247(2) confirming the decision; or (b) does not receive a notice under section 247(2) within 1 month after asking for the review. (2) If this section applies because of subsection (1)(a), the claimant may ask the chief executive to review the review decision. (3) If this section applies because of subsection (1)(b), the claimant may ask the chief executive to review the payout refusal decision. (4) A request to the chief executive under this section must— (a) be made in the way, and within the time, prescribed under a regulation; and (b) be dealt with by the chief executive in the way prescribed under a regulation. 249 Effect of reviews on payout refusal decisions (1) If, following the review of a review decision by the chief executive, the chief executive sets aside the review decision— (a) the payout refusal decision to which the review decision relates ceases to have effect; and (b) this Act applies to the responsible licensed person in relation to the displayed win to which the payout refusal decision related as if the decision had not been made. (2) If an involved licensed monitoring operator overrules a payout refusal decision— (a) the decision ceases to have effect; and (b) this Act applies to the responsible licensed person in relation to the displayed win to which the payout refusal decision related as if the decision had not been made. (3) Nothing in sections 246 to 248 affects or prejudices any other right or remedy of an affected person in relation to a displayed win to which a payout refusal decision relates. (4) In this section— responsible licensed person means— (a) if the relevant gaming machine is not part of a multiple site linked jackpot arrangement for which a licensed monitoring operator has an approval for its operation under section 287—the licensee of the licensed premises on which the gaming machine is installed; or (b) if the relevant gaming machine is part of a multiple site linked jackpot arrangement for which a licensed monitoring operator has an approval for its operation under section 287—the licensed monitoring operator who has the approval for the operation of the arrangement. 250 Defective gaming system components not allowed (1) In this section— licensee includes— (a) a gaming employee in respect of the licensed premises in question; and (b) if the licensee is a body corporate—the secretary or any executive officer of the body corporate; and (c) any person employed by the licensee who may be required by the licensee to— (i) supervise gaming; or (ii) attend to gaming machines; or (iii) sell or redeem gaming tokens; or (iv) carry out centralised credit transactions; on the licensee's licensed premises in question. (2) A licensee must not allow a gaming system component installed, or available for use, on the licensee's licensed premises to be played or used, except for testing purposes, if the component malfunctions when it is played or used. Maximum penalty—200 penalty units. (3) It is a defence to a prosecution for an offence against subsection (2) for the defendant to prove that the defendant— (a) had taken all reasonable precautions to ensure that the gaming system component did not malfunction when it was played or used; and (b) at the time of the alleged offence did not know, and ought not to have known, that the gaming system component was malfunctioning. 251 Security of keys etc. (1) A licensee must ensure that all keys and other devices related to the security of gaming equipment on the licensee's licensed premises are kept, stored, secured, possessed and used in accordance with requirements prescribed in relation to the keys or other devices. Maximum penalty—200 penalty units. (2) A person must not possess or use any key or other device referred to in subsection (1) unless the possession or use is— (a) permitted by; and (b) in accordance with; requirements prescribed in relation to the key or other device. Maximum penalty for subsection (2)—200 penalty units. 252 Certain persons only to have access etc. to gaming machines A person must not, in relation to a gaming machine on licensed premises— (a) open the gaming machine; or (b) check gaming tokens contained inside the gaming machine; or (c) remove gaming tokens from the cabinet or cash box of the gaming machine; or (d) place gaming tokens into the gaming machine (other than for the purpose of playing a game upon the gaming machine); unless the person is— (e) the licensee of the licensed premises; or (f) where the licensee is a body corporate—the secretary or executive officer of the body corporate in the genuine execution of the duties of such secretary or executive officer; or (g) a gaming employee in respect of the licensed premises; or (h) an employee of the licensee who is employed wholly or in part to attend to gaming machines; or (i) an employee of the licensee who is assisting in carrying out money clearances; or (j) a licensed repairer in the performance of duties as a licensed repairer; or (k) an inspector in the performance of functions under this Act. Maximum penalty—200 penalty units. 253 Minors can not play gaming machines (1) A minor must not play a gaming machine on licensed premises. Maximum penalty—25 penalty units. (2) Subsection (1) does not apply to a minor if the minor— (a) is an employee of the licensee of the licensed premises; and (b) plays the gaming machine only to the extent that is necessary for carrying out the minor's duties as the licensee's employee. Example of circumstances in which minor may play gaming machine for subsection (2)(b)— If a gaming machine has malfunctioned and has been adjusted to correct the malfunction, a minor may play the gaming machine to test that it is operating properly. 254 Minors can not be allowed to game (1) A person must not allow a minor to play a gaming machine on licensed premises. Maximum penalty— (a) for a person who is the licensee of, or the licensee's nominee for, the licensed premises—250 penalty units; or (b) for another person—40 penalty units. (2) A person does not commit an offence against subsection (1) if the minor— (a) is an employee of the licensee of the licensed premises; and (b) plays the gaming machine only to the extent that is necessary for carrying out the minor's duties as the licensee's employee. Example of circumstances in which minor may play gaming machine for subsection (2)(b)— If a gaming machine has malfunctioned and has been adjusted to correct the malfunction, a minor may play the gaming machine to test it is operating properly. 255 False representation of age (1) A person must not falsely represent himself or herself to have attained 18 years with the intent of playing a gaming machine. Maximum penalty—25 penalty units. (2) A person must not— (a) make a false document that could reasonably be taken to be genuine acceptable evidence of age for the purposes of this Act; or (b) give such a false document to another person; knowing the document to be false and with intent that the document be used as acceptable evidence of age for the purposes of this Act. Maximum penalty— (a) in the case of a minor—25 penalty units; and (b) in the case of an adult—40 penalty units. 256 Wrongful dealing with genuine evidence of age (1) A person must not knowingly give a document that is evidence of age of the person mentioned in the document (the specified person) to someone else, if the person giving the document knows or has reasonable grounds to suspect that the document may be used— (a) as evidence of age for this Act of someone other than the specified person; or (b) to obtain a document that is acceptable evidence of age for this Act of someone other than the specified person. Maximum penalty—40 penalty units. (2) A person must not wilfully or negligently deface or interfere with a document that is, for the purposes of this Act, acceptable evidence of age of the person or another person. Maximum penalty—40 penalty units. 257 Seizure of document wrongly used as evidence of age (1) If a contravention of section 255 consists in production of— (a) a genuine document that is, for the purposes of this Act, acceptable evidence of age of the person specified in the document; or (b) a false document that could reasonably be taken, for the purposes of this Act, to be genuine acceptable evidence of age; the person to whom the document is produced must seize and confiscate the document and give it to an inspector or a police officer. Maximum penalty—25 penalty units. (2) A person does not commit an offence by contravening subsection (1) if the person is not aware of the falsity of the representation as to age made by producing the document. 258 Ascertainment of age (1) For the purposes of this Act, an authorised person may, on licensed premises, require another person whom the authorised person suspects on reasonable grounds to be a minor and to be contravening a provision of this Act— (a) to state all relevant particulars concerning the other person's age; and (b) to produce evidence of the other person's age. (2) If a person required under subsection (1) refuses to state particulars, or to produce evidence, as to age the authorised person must prohibit the suspected minor from playing gaming machines on the licensed premises. (3) In this section— authorised person, for licensed premises means— (a) the licensee of the premises; or (b) a gaming employee for the premises; or (c) another employee of the licensee of the premises; or (d) an inspector. 259 Seizure of material associated with representation of age If an inspector reasonably believes or suspects that a person— (a) has made, or caused to be made, a false document in contravention of section 255(2)(a); or (b) is in possession of a document given to the person in contravention of section 255(2)(b) or 256(1); or (c) is in possession of a document defaced or interfered with in contravention of section 256(2); the inspector may seize and confiscate— (d) in the case specified in paragraph (a)— (i) all documents made in contravention of section 255(2) (a) in the person's possession; and (ii) all equipment and materials in the person's possession reasonably suspected by the inspector to have been used, or to be intended for use, in contravening section 255(2)(a); or (e) in the case specified in paragraph (b) or (c)—the document in respect of which section 255(2)(b) or 256(1) or (2) appears to have been contravened. 260 Defence to charge if age material (1) If the age of a person is material to a charge of an offence against this Act, it is a defence to prove that, at the time of the offence, the defendant (if the defendant is the actual offender) or an agent or employee (if the defendant is charged merely because of being principal or employer of the actual offender)— (a) honestly and reasonably believed that the person whose age is material to the offence had attained 18 years; or (b) had sighted acceptable evidence of age of the person whose age is material to the offence that indicated the person had attained 18 years; and the operation of the Criminal Code, section 24 is excluded. (2) Evidence that the defendant (if the defendant is the actual offender) or an agent or employee (if the defendant is charged merely because of being principal or employer of the actual offender) did not request the person whose age is material to the offence to produce acceptable evidence of age is evidence that any belief that the person had attained 18 years was not reasonable. 261 Self-exclusion notice (1) A person may give to a licensee a notice in the approved form (a self- exclusion notice) asking the licensee to prohibit the person from entering or remaining in— (a) the licensee's licensed premises; or (b) a gaming machine area on the licensed premises. (2) The person must, if asked by the licensee, give the licensee a recent photo of the person together with the notice. (3) If a licensee's gaming machine licence relates to more than 1 licensed premises, a self-exclusion notice may relate to a stated premises or all premises to which the gaming machine licence relates. 261A Self-exclusion order (1) If a person gives a licensee a self-exclusion notice under section 261, the licensee must as soon as practicable give to the person— (a) a notice in the approved form (a self-exclusion order) prohibiting the person from entering or remaining in the licensed premises or gaming machine area; and (b) details, including the name and address, of at least 1 entity that provides counselling services for problem gamblers. Maximum penalty—50 penalty units. (2) A self-exclusion order has effect for the period— (a) starting when it is given to the person; and (b) ending on the earlier of the following— (i) when a revocation notice for the order takes effect under section 261B(3); (ii) the day that is 5 years after the day the order is given to the person. 261B Revoking self-exclusion order (1) A person who is given a self-exclusion order may, by notice in the approved form (a revocation notice) given to the licensee of the licensed premises to which the order relates, revoke the order. (2) However, the person may revoke the order only— (a) within 24 hours after the person receives it; or (b) after 1 year after the person receives it. (3) A revocation notice takes effect— (a) if the notice is given to the licensee under subsection (2) (a)—when it is given to the licensee; or (b) otherwise—28 days after the day it is given to the licensee. 261C Exclusion direction (1) If a licensee believes on reasonable grounds a person is a problem gambler, the licensee may give the person a notice in the approved form (an exclusion direction) prohibiting the person from entering or remaining in— (a) the licensee's licensed premises; or (b) a gaming machine area on the licensed premises. (2) If a licensee's gaming machine licence relates to more than 1 licensed premises, an exclusion direction may relate to a stated premises or all premises to which the gaming machine licence relates. (3) If a licensee decides to give a person an exclusion direction, the direction must be accompanied by an information notice for the decision. 261D Duration of exclusion direction An exclusion direction has effect for the period— (a) starting when it is given to the person concerned; and (b) ending on the earlier of the following— (i) if the decision to give the direction is set aside on a review of the decision by the tribunal—when the decision is set aside; (ii) if a revocation notice for the direction takes effect under section 261F(6)—when the notice takes effect; (iii) if a decision, under section 261F, refusing to revoke the direction is set aside on a review of the decision by the tribunal—when the decision is set aside; (iv) the day that is 5 years after the day the direction is given to the person. 261E Application to revoke exclusion direction (1) This section applies if a person is prohibited from entering or remaining in a licensee's licensed premises, or a gaming machine area on the licensed premises, under an exclusion direction. (2) The person may apply to the licensee for the licensed premises to which the direction relates for revocation of the direction. (3) The application may only be made at least 1 year after the day the person is given the direction. (4) The application must be— (a) in the approved form; and (b) supported by enough information to enable the licensee to decide the application. (5) A person may apply under this section only once each year commencing on the anniversary of the day the person was given the direction. 261F Deciding application to revoke exclusion direction (1) This section applies to an application under section 261E for revocation of an exclusion direction. (2) The licensee must consider the application and, within 28 days after receiving it, decide to revoke or refuse to revoke the direction. (3) If the licensee fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the licensee to refuse to revoke the direction. (4) In considering the application, the licensee may have regard to the information supporting the application and any other information the licensee considers relevant, including, for example, a report of a psychologist. (5) If the licensee decides to revoke the direction, the licensee must as soon as practicable give the applicant notice of the revocation in the approved form (a revocation notice). (6) A revocation notice takes effect when it is given to the applicant. (7) If the licensee decides to refuse to revoke the direction, the licensee must as soon as practicable give the applicant an information notice for the decision. 261G Particular persons not to enter or remain in licensed premises or gaming machine area A person who is prohibited from entering or remaining in licensed premises or a gaming machine area under a self-exclusion order or an exclusion direction must not enter or remain in the licensed premises or gaming machine area. Maximum penalty—40 penalty units. 261H Counselling (1) This section applies if a court finds a person (the defendant) guilty of, or accepts a person's plea of guilty for, an offence against section 261G. (2) The court may, if satisfied the defendant is a problem gambler, postpone its decision on penalty on condition that the defendant agrees to attend counselling on a basis decided by the court. (3) The agreement— (a) must provide for counselling of a kind that may, in the court's opinion, be beneficial in helping to overcome harmful behaviour related to gambling; and (b) must provide for counselling over a period, of not more than 12 months, fixed by the court; and (c) must allow the counsellor a discretion to disclose to the court information about the defendant's participation in the counselling if the counsellor believes the disclosure will help the court to exercise its powers and discretions in an appropriate way under this section; and (d) must provide that the counsellor is to report to the court a failure by the defendant to attend counselling under the agreement. (4) To decide whether the defendant is a problem gambler and, if so, whether counselling of an appropriate kind is available, the court may have regard to any information the court considers relevant, including, for example, a report of a psychiatrist or a psychologist. (5) If the court postpones a decision on penalty under this section, the court must proceed to make a decision on penalty— (a) as soon as practicable after the end of the period fixed for the counselling; or (b) if, during the period fixed for the counselling, the defendant advises the court that he or she does not want to continue with the counselling—as soon as practicable after the court receives the advice; or (c) if, during the period fixed for the counselling, the counsellor reports to the court that the defendant has failed to attend counselling under the agreement or to participate satisfactorily in the counselling—as soon as practicable after the court receives the report. (6) In making its decision on penalty after a postponement under this section, the court— (a) must consider whether and, if so, to what extent, the defendant has made a genuine attempt to overcome harmful behaviour related to gambling; and (b) may, for considering the matters mentioned in paragraph (a), have regard to the report of a counsellor appointed to counsel the defendant under an agreement under this section. 261I Obligation to prevent person from entering or remaining in licensed premises or gaming machine area (1) This section applies to a licensee or an employee of the licensee if the licensee or employee knows that a person is prohibited from entering or remaining in the licensee's licensed premises, or a gaming machine area on the licensed premises, under a self-exclusion order or an exclusion direction. (2) The licensee or employee must take reasonable steps to prevent the person from entering or remaining in the licensed premises or gaming machine area. Maximum penalty— (a) for a licensee—250 penalty units; or (b) for another person—40 penalty units. (3) It is lawful for the licensee or employee to use necessary and reasonable force to prevent the person from entering or remaining in the licensed premises or gaming machine area. (4) The force that may be used does not include force that is likely to cause bodily harm to the person. (5) Subsection (2) must not be construed as requiring a licensee or an employee to use reasonable force to prevent a person from entering or remaining in the licensed premises or gaming machine area. 261J Register (1) A licensee must keep a register, in the approved form, of persons who are prohibited from entering or remaining in the licensee's licensed premises, or a gaming machine area on the licensed premises, under a self-exclusion order or an exclusion direction. Maximum penalty—40 penalty units. (2) The licensee must keep the register available for inspection by an inspector. 261K Report about prohibition under order or direction (1) A regulation may require a licensee to give the chief executive a report about the prohibition of persons from entering or remaining in the licensee's licensed premises, or a gaming machine area on the licensed premises, under a self-exclusion order or an exclusion direction. (2) The report must be in the approved form. (3) The regulation may prescribe the times, and the way in which, the report is to be given to the chief executive. (4) The licensee must comply with the regulation. Maximum penalty—40 penalty units. 261L Distributing promotional or advertising material about licensed premises A licensee must not distribute promotional or advertising material about the licensee's licensed premises to a person who the licensee knows or ought reasonably to know is prohibited from entering or remaining in the licensed premises, or a gaming machine area on the licensed premises, under a self- exclusion order or exclusion direction. Maximum penalty—40 penalty units. 262 Removal of certain persons (1) A licensee may cause a person to be removed from, or refuse to allow a person to enter, the licensee's licensed premises if the person— (a) breaches the rules for the licensed premises required to be displayed and enforced under section 237; or (b) damages or physically abuses a gaming machine; or (c) behaves in a way likely to cause offence to other persons; or (d) is suspected on reasonable grounds of being on the premises for the purpose of committing an offence or aiding another person to commit an offence against this Act. (2) A licensee must cause to be removed from the licensee's licensed premises a person who is prohibited under section 258(2) from playing gaming machines on the premises if the person plays, or induces another person to play, a gaming machine on behalf of the first person. Maximum penalty—250 penalty units. (3) A licensee, or other person acting for a licensee, may use such force and assistance as are necessary and reasonable in removing a person from, or preventing a person from entering, the licensee's licensed premises under subsection (1) or (2). (4) The force that may be used does not include force that is likely to cause bodily harm to the person. 263 Obstruction to removal from licensed premises If a person is seeking under section 262(1) or (2) to remove a person from licensed premises, the person whose removal is sought must not— (a) refuse to leave the premises when required by the first person; or (b) resist the first person. Maximum penalty—25 penalty units. 264 Obstruction generally A person must not obstruct or hinder a licensee, gaming employee or any other employee of a licensee in the exercise of a power or performance of a function under this Act. Maximum penalty—100 penalty units. 264A Compliance self-assessment (1) A licensee must, within 7 days after the end of each month, complete a report about matters relating to the licensee's compliance with this Act (a compliance self-assessment) for each licensed premises of the licensee. Maximum penalty—200 penalty units. (2) The compliance self-assessment must— (a) be in the approved form; and (b) be certified as correct by— (i) if the licensee is an individual who does not have a nominee for the licensed premises—the licensee; or (ii) otherwise—the licensee's nominee for the licensed premises. (3) If the licensee is a body corporate, the licensee must ensure the compliance self-assessment is considered by the licensee's management committee or board. Maximum penalty—40 penalty units. (4) If practicable, the licensee must have the compliance self-assessment considered under subsection (3) at the first meeting of the licensee's management committee or board that happens after the assessment is completed. 264B Keeping compliance self-assessment A licensee must, for 5 years after completing a compliance self-assessment for licensed premises of the licensee, keep the self-assessment available for inspection by an inspector at the licensed premises. Maximum penalty—100 penalty units. 264C Report about particular activities (1) A regulation may require a licensee to give a report to the chief executive about activities undertaken by the licensee in relation to the conduct of the licensee's gaming operations to help ensure the gaming operations are conducted in compliance with this Act. (2) The report must be in the approved form. (3) The regulation may prescribe the times, and the way in which, the report is to be given to the chief executive. (4) The licensee must comply with the regulation. Maximum penalty—40 penalty units. 265 Manufacture, sale, supply, obtaining or possession of gaming machines (1) A person must not manufacture, sell, supply, obtain or be in possession of— (a) a gaming machine; or (b) linked jackpot equipment; or (c) a device capable of being represented as being a gaming machine or linked jackpot equipment; except under and in accordance with the authority of a licence or any other authorisation under this Act. Maximum penalty—1000 penalty units or 5 years imprisonment. (2) A person must not, except with the chief executive's written approval— (a) buy or otherwise acquire a gaming machine; or (b) sell or otherwise dispose of a gaming machine; or (c) be in possession of a gaming machine. Maximum penalty—200 penalty units. (3) A person may apply to the chief executive for an approval under subsection (2). (4) The application must be— (a) in the approved form; and (b) accompanied by the fee prescribed under a regulation. (5) A person must not manufacture, sell, supply, obtain or be in possession of a restricted component except under and in accordance with the authority of a licence or any other authorisation under this Act. Maximum penalty—400 penalty units or 2 years imprisonment. (6) It is a defence to a prosecution for an offence against subsection (5), for the defendant to prove that— (a) the manufacturing, selling, supplying, obtaining or possession of a restricted component was not related to the manufacture, assembly, installation, alteration, operation, use, adjustment, maintenance or repair of gaming equipment; and (b) the restricted component was not intended to be used to interfere with the normal operation of gaming equipment. (7) Despite any other Act or law, the possession of anything referred to in subsection (1) or (5) in accordance with the authority of a licence or any other authorisation under this Act is lawful. (8) This Act does not apply so as to affect the lawful obtaining, possession or use of anything referred to in subsection (1) or (5) by a licensed casino operator in accordance with the Casino Control Act 1982. (9) The authority of a licence or any other authorisation under this Act is— (a) subject to this Act; and (b) taken to extend to a person in the genuine employ of the holder of such licence or authorisation to such extent as is necessary for the employee to carry out the duties of the employee on behalf of the holder. 265A Dealing with gaming equipment etc. by monitoring operators and approved financiers (1) A licensed monitoring operator or an approved financier is authorised to— (a) obtain and be in possession of gaming machines, linked jackpot equipment and restricted components; and (b) sell or supply, on written order with the chief executive's written approval, gaming machines to a licensed monitoring operator, an approved financier, a licensee or a gaming trainer; and (c) sell or supply, on written order, gaming machines, linked jackpot equipment or restricted components to a person in another State or Territory or a country where possession of the gaming machines, linked jackpot equipment or restricted components by that person is lawful. (2) A licensed monitoring operator is also authorised to manufacture linked jackpot equipment. 266 Possession of gaming equipment and other property by licensed monitoring operators (1) A licensed monitoring operator must not use premises for storing or handling designated property, unless the premises are approved by the chief executive for the purpose. Maximum penalty—200 penalty units. (2) An application for the approval of premises must be made in the way prescribed under a regulation. (3) In this section— designated property means— (a) gaming equipment; or (b) property of a licensed monitoring operator that is ancillary or related to the operator's gaming equipment; or (c) restricted components. 267 Possession etc. of gaming equipment and other things by licensed major dealers (1) A licensed major dealer is authorised to— (a) manufacture, obtain and be in possession of gaming machines, linked jackpot equipment and restricted components; and (b) sell or supply, on written order— (i) gaming machines or linked jackpot equipment to a licensed major dealer; and (ii) gaming machines, with the chief executive's written approval, to a licensed monitoring operator, an approved financier, a licensee or a gaming trainer; and (iii) linked jackpot equipment or restricted components to a licensed service contractor, licensed repairer or other person authorised under this Act to obtain and be in possession of the equipment or components; and (c) sell or supply, on written order, gaming machines, linked jackpot equipment or restricted components to a person in another State or a Territory or a country where possession of such gaming machines, linked jackpot equipment or restricted components by that person is lawful; and (d) sell or supply gaming machines, linked jackpot equipment or restricted components under a lawful order from a holder of a casino licence under the Casino Control Act 1982. (2) A licensed major dealer must not use any premises for the manufacture, assembly, storage or handling of designated equipment unless the premises are approved by the chief executive for the purpose. Maximum penalty—200 penalty units. (2A) An application for the approval of premises must be made in the way prescribed under a regulation. (3) A licensed major dealer must not manufacture, obtain or be in possession of gaming machines or restricted components unless such manufacturing, obtaining or possession is for the purpose of— (a) the submission for testing by the chief executive of a particular device; or (b) an action authorised under subsection (1)(b), (c) or (d); or (c) conducting genuine testing or development work; or (d) conducting, at premises approved by the chief executive for the purpose, a genuine training course for licensed repairers or applicants for a repairer's licence on the installation, alteration, adjustment, maintenance or repair of gaming equipment. Maximum penalty—1000 penalty units or 5 years imprisonment. (4) In this section— designated equipment means— (a) gaming equipment; or (b) property of a licensed major dealer that is ancillary or related to the dealer's gaming equipment; or (c) restricted components. 267A Possession etc. of particular gaming equipment by licensed testing facility operator (1) A licensed testing facility operator is authorised to obtain and be in possession of gaming equipment or restricted components for testing the equipment or components. (2) A licensed testing facility operator must not use premises to test designated equipment unless the chief executive has approved the premises for testing the equipment. Maximum penalty—200 penalty units. (3) An application for the approval of premises must be made in the way prescribed under a regulation. (4) In this section— designated equipment means— (a) gaming equipment; or (b) property of a licensed testing facility operator that is ancillary or related to the gaming equipment in the operator's possession; or (c) restricted components. 268 Possession etc. of restricted components by licensed secondary dealers (1) A licensed secondary dealer is authorised to— (a) manufacture, obtain and be in possession of restricted components; and (b) sell or supply, on written order, restricted components to a person authorised under this Act to obtain and be in possession of such restricted components; and (c) sell or supply, on written order, restricted components to a person in another State or a Territory or a country where possession of such restricted components by that person is lawful; and (d) sell or supply restricted components under a lawful order from a holder of a casino licence under the Casino Control Act 1982. (2) A licensed secondary dealer must not manufacture, obtain or be in possession of a restricted component unless such manufacturing, obtaining or possession is for the purpose of— (a) the submission for testing by the chief executive of a particular device; or (b) an action authorised under subsection (1)(b), (c) or (d); or (c) conducting genuine testing or development work; or (d) conducting, at premises approved by the chief executive for the purpose, a genuine training course for licensed repairers or applicants for repairer's licences on the use of restricted components. Maximum penalty for subsection (2)—400 penalty units or 2 years imprisonment. 269 Possession etc. of gaming equipment and other things by licensed repairers A licensed repairer is authorised to— (a) obtain and be in possession of restricted components to such extent as is necessary to do so as a licensed repairer; and (b) supply restricted components to a licensed repairer employed by him or her as a licensed repairer; and (c) sell or supply, on written order, restricted components to another person authorised under this Act to obtain and be in possession of such restricted components; and (d) be in possession of a gaming machine or linked jackpot equipment to the extent necessary to install, repair, remove or reinstate the machine or equipment; and (e) be in possession of linked jackpot equipment, or with the chief executive's written approval, a gaming machine for the purpose of using the equipment or machine for spare parts. 270 Possession etc. of gaming equipment and other things by licensed service contractors A licensed service contractor is authorised to— (a) obtain and be in possession of restricted components to such extent as is necessary to do so as a licensed service contractor; and (b) supply restricted components to a licensed repairer employed by the licensed service contractor as a licensed repairer; and (c) sell or supply, on written order, restricted components to another person authorised under this Act to obtain and be in possession of such restricted components; and (d) be in possession of a gaming machine or linked jackpot equipment to the extent necessary to install, repair, remove or reinstate the machine or equipment; and (e) be in possession of linked jackpot equipment, or with the chief executive's written approval, a gaming machine, for the purpose of using the equipment or machine for spare parts. 271 Possession etc. of gaming equipment and other things by licensees (1) A licensee is authorised to— (a) be in possession of— (i) the licensee's authorised gaming machines; and (ii) linked jackpot equipment for a linked jackpot arrangement involving the licensee's authorised gaming machines; and (b) obtain and be in possession of restricted components, on the licensee's licensed premises, to such extent as is necessary for the efficient conduct of gaming on the licensed premises; and (c) supply restricted components to— (i) another licensee; or (ii) another person authorised under this Act to obtain and be in possession of the restricted components. (2) A licensee must not, on the licensee's licensed premises, be in possession of, or allow a person to play, a gaming machine unless— (a) the gaming machine is an authorised gaming machine of the licensee; and (b) the game for the machine is an approved game, whether or not changed by an alteration of the gaming machine under this Act. Maximum penalty—1000 penalty units or 5 years imprisonment. (3) If a licensee's gaming machine licence is suspended, the licensee may, during the suspension, be in possession of gaming machines and restricted components supplied to the licensee under this section. (4) If a licensee's gaming machine licence is cancelled, the licensee may be in possession of gaming machines and restricted components supplied to the licensee under this section until— (a) the end of the period allowed for appealing against the decision to cancel the licence; or (b) if an appeal is made against the decision—the appeal is finally decided. 272 Possession etc. of gaming machines etc. by other persons (1) A person who carries out any installation, alteration, adjustment, maintenance or repair that is prescribed for the purposes of section 187(3), is authorised to obtain and be in possession of restricted components to such extent as is necessary to carry out such installation, alteration, adjustment, maintenance or repair. (2) A carrier who is hired, by a person authorised to manufacture, sell, supply, obtain, be in possession of or test gaming machines, linked jackpot equipment or restricted components, for the purpose of transporting the gaming machines, linked jackpot equipment or restricted components is authorised to have possession of the gaming machines, linked jackpot equipment or restricted components to such extent as is necessary for the purpose of that transportation. (3) A gaming trainer is authorised to be in possession of gaming machines, linked jackpot equipment and restricted components subject to— (a) the gaming machines, linked jackpot equipment and restricted components being provided by— (i) the chief executive, a licensee or an approved financier; or (ii) a licensed monitoring operator, licensed major dealer, licensed service contractor or licensed repairer; or (iii) another gaming trainer. (b) compliance with all conditions (including the payment of fees) as may be imposed by the chief executive. (4) The chief executive, an inspector, a departmental officer and a police officer are authorised to obtain and be in possession of gaming machines, linked jackpot equipment, restricted components and devices capable of being represented as being gaming machines or linked jackpot equipment obtained by them in the course of their duties and to do such acts with those things as may be necessary for the performance of their functions under this Act. (5) A person if so authorised by the chief executive may manufacture, obtain, be in possession of or use (other than for gaming or the conduct of gaming) a gaming machine, linked jackpot equipment, a restricted component or a device capable of being represented as being a gaming machine or linked jackpot equipment. 273 Gaming equipment not to be encumbered (1) An encumbrance over gaming equipment is of no effect. (2) Subsection (1) does not apply to an encumbrance given by— (a) a licensed monitoring operator to an approved financier; or (b) a licensee or gaming trainer to a licensed monitoring operator or approved financier. 274 Repossession of gaming machines (1) A licensed monitoring operator or approved financier must not repossess a gaming machine without first obtaining the chief executive's written approval. Maximum penalty—100 penalty units. (2) For obtaining the chief executive's approval for subsection (1), an application must be made to the chief executive. (3) The application must— (a) be in the approved form; and (b) be accompanied by the fee prescribed under a regulation for the application. 275 Storage of gaming machines by operators and financiers (1) Each licensed monitoring operator and approved financier must keep all gaming machines in the possession of the operator or financier stored on premises, and in a way, approved by the chief executive. (2) A licensed monitoring operator must not store a gaming machine for more than 1 year without the chief executive's written approval. Maximum penalty for subsection (2)—200 penalty units. (3) An approved financier must not store a gaming machine for more than 2 months without the chief executive's written approval. Maximum penalty for subsection (3)—200 penalty units. 276 Operators and approved financiers must keep registers of gaming machines (1) A licensed monitoring operator and an approved financier must each keep a register listing— (a) for a licensed monitoring operator—all gaming machines owned or monitored by the operator or leased by the operator from another person; and (b) for an approved financier—all gaming machines owned by the financier or leased by the financier from another approved financier. Maximum penalty—100 penalty units. (2) The register must be in the approved form. (3) In this section— leased includes supplied under a hire-purchase agreement under the Hire- purchase Act 1959 and subleased. 277 Destruction of gaming machines (1) A licensed monitoring operator, approved financier, licensee or gaming trainer must not, without the chief executive's written approval, destroy a gaming machine. Maximum penalty—100 penalty units. (2) A person may apply to the chief executive for an approval under subsection (1). (3) The application must be— (a) in the approved form; and (b) accompanied by the fee prescribed under a regulation. 281 Approval and rejection of gaming machines and games (2) The chief executive may accept gaming machine types and games from a person (the applicant) for testing. (3) If the chief executive accepts a gaming machine type or game for testing, the chief executive must— (a) carry out the test; or (b) direct the applicant— (i) to arrange to have the gaming machine type or game tested by a licensed testing facility operator; and (ii) to give the chief executive a written report of the test in the approved form. (4) If the chief executive decides to carry out the test, the chief executive may require the applicant to give the chief executive further information or material for the test. (5) A requirement under subsection (4)— (a) must be made by written notice given to the applicant; and (b) may only relate to information or material that is necessary and reasonable for carrying out an appropriate test. (6) The notice mentioned in subsection (5)(a) must state the period within which the requirement is to be complied with. (7) If the chief executive carries out a test of a gaming machine type or game— (a) the applicant must pay the fee prescribed under a regulation for the test to the chief executive; and (b) if an amount of the fee is not paid by the applicant, the State may recover the amount from the applicant as a debt. (8) As soon as practicable as the circumstances allow, the chief executive may either approve or reject a gaming machine type or game accepted by the chief executive under this section. (9) The chief executive may reject a gaming machine type or game if— (a) the fee payable for a test carried out by the chief executive is not paid; or (b) the applicant fails to comply with— (i) a direction of the chief executive under subsection (3) (b); or (ii) a requirement of the chief executive under subsection (4). (10) A rejection under subsection (9)(b) may be made without a test having been carried out. (11) If the chief executive approves a gaming machine type or game, the chief executive must immediately give the applicant written notice of the decision. (12) If the chief executive rejects a gaming machine type or game, the chief executive must immediately give the applicant an information notice for the decision. 282 Replacing approved games (1) This section applies if— (a) a licensed monitoring operator or licensee replaces, or causes to be replaced, an approved game (the old game) with another approved game (the new game); and (b) the percentage return to players for the new game is different from the percentage return to players for the old game. (2) The licensed monitoring operator or licensee must not replace, or cause to be replaced, the new game with another game having a different percentage return to players— (a) if paragraph (b) does not apply—within 1 month after the old game was replaced; or (b) if a shorter period is approved by the chief executive—within the shorter period. Maximum penalty—200 penalty units. 283 Changes to percentage returns (1) A licensed monitoring operator or licensee may change, or cause to be changed, the percentage return to players for an approved game for a gaming machine on licensed premises. (2) Unless the chief executive, by written notice given to the licensed monitoring operator or licensee, approves otherwise, the change must be applied to each gaming machine that— (a) is installed on the licensed premises; and (b) has the same game and betting unit as the gaming machine to which the change relates; and (c) is not part of a linked jackpot arrangement. (2A) If— (a) a gaming machine (the new machine) is installed on licensed premises; and (b) the gaming machine has the same game and betting unit as another gaming machine (the old machine) previously installed on the licensed premises; and (c) the percentage return to players differs between the new machine and the old machine; the licensee is taken to have changed the percentage return to players under subsection (1) for the new machine. (2B) A person may apply to the chief executive for an approval under subsection (2). (2C) The application must be accompanied by the fee prescribed under a regulation. (3) A person must not make, or cause to be made, a change mentioned in subsection (1) (a return change) in the period prescribed under a regulation (the restricted period). Maximum penalty—200 penalty units. (4) A person does not commit an offence against subsection (3) if— (a) ownership of a gaming machine mentioned in subsection (2) changes in the restricted period; and (b) a return change is made in the period but— (i) only after the change of ownership; and (ii) only once in the period. 284 Withdrawal of approval of gaming machine types and games (1) If the chief executive, under section 344(2) withdraws the approval of an approved gaming machine type or game, the chief executive must immediately give written notice of, and reasons for the withdrawal to— (a) the person who submitted the gaming machine type or game under section 281; and (b) licensees provided with any gaming machine of that gaming machine type or game. (2) A licensee who permits gaming on a gaming machine of a gaming machine type or game specified in a notice given to the licensee under subsection (1) commits an offence against this Act. Maximum penalty for subsection (2)—200 penalty units. 285 Gaming machines supplied to be in accordance with approval A licensed major dealer must not, without the approval of the chief executive, supply a gaming machine that is in any material particular different from the gaming machine type or game approved by the chief executive. Maximum penalty—200 penalty units. 286 Inducing the acquisition of gaming equipment or ancillary or related equipment (1) A person (the offerer) must not offer another person (the negotiator), or give to the negotiator, an inducement for the negotiator to induce a third person, who is an acquirer, to acquire equipment or a service. Maximum penalty—1000 penalty units or 5 years imprisonment. (2) A negotiator must not accept an inducement for the acquisition by an acquirer of equipment or a service. Maximum penalty—1000 penalty units or 5 years imprisonment. (3) A person does not commit an offence against subsection (1) or (2) if the inducement consists of only reasonable food or refreshment offered or given by the offerer, or out-of-pocket expenses reasonably incurred by the negotiator, in the course of negotiating the acquisition of the equipment or service. (4) In this section— acquirer means an approved financier, gaming trainer, licensed monitoring operator, licensed repairer, licensed service contractor or licensee. equipment means gaming equipment or ancillary or related equipment. inducement means a direct or indirect payment, benefit or advantage. Example of what is an inducement— a prepaid holiday trip service includes the provision of any of the following— • finance • adjustment, alteration, installation, maintenance or repair of gaming equipment • linked jackpots • management advice • marketing • training. 287 Requirements for approvals for linked jackpot arrangements (1) A person who is not a licensee or licensed monitoring operator must not— (a) install or operate or cause or allow to be installed or operated a single site linked jackpot arrangement; or (b) install or operate, or cause or allow to be installed or operated, or participate in the operation of, a multiple site linked jackpot arrangement. Maximum penalty—200 penalty units. (2) A licensee on the licensee's licensed premises, or licensed monitoring operator, must not, without the approval of the chief executive— (a) install or operate or cause or allow to be installed or operated a single site linked jackpot arrangement; or (b) install or operate or cause or allow to be installed or operated or participate in the operation of, a multiple site linked jackpot arrangement. Maximum penalty—200 penalty units. (4) A licensee or a licensed monitoring operator approved to operate, or participate in the operation of, an arrangement under subsection (2) must not stop operating, or participating in the operation of, the arrangement without the chief executive's approval. Maximum penalty—200 penalty units. (5) A licensee or licensed monitoring operator operating, or participating in the operation of, any arrangement approved under subsection (2) who fails to comply with— (a) any condition to which the approval is subject; or (b) any requirement prescribed in relation to the conduct or operation of any arrangement approved under subsection (2); commits an offence against this Act. Maximum penalty—200 penalty units. (6) The licensed monitoring operator for a multiple site linked jackpot arrangement must not allow the arrangement to operate in licensed premises until the operator has established an approved trust account for the arrangement. (7) In each assessment period for licensed premises, a licensed monitoring operator must— (a) pay into the approved trust account— (i) all multiple site jackpot increments for the arrangement for the previous assessment period; and (ii) interest earned on the account; and (b) pay out of the approved trust account amounts prescribed under a regulation. (8) A licensed monitoring operator must not pay an amount out of an approved trust account unless the amount is prescribed under a regulation. Maximum penalty—400 penalty units or 2 years imprisonment. (9) If the arrangement stops operating and the approved trust account still contains an amount, the licensed monitoring operator must, after deducting amounts to be paid out under subsection (7)(b)— (a) if the operator stops conducting monitoring operations when the arrangement stops operating—give the amount to the chief executive, for payment into the consolidated fund, within 7 days after the day the account stops operating; or (b) if the operator continues to conduct monitoring operations after the arrangement stops operating—deal with the amount in the way approved by the chief executive, having regard to the amount in the approved trust account and the interests of players of gaming machines. 288 Decisions about approvals for linked jackpot arrangements (1) This section applies to the chief executive for giving, or refusing to give, an approval for section 287 for a linked jackpot arrangement. (2) If, for deciding whether or not to give the approval, the chief executive considers it is necessary for the linked jackpot arrangement to be tested, the chief executive may— (a) carry out the test; or (b) direct the applicant— (i) to arrange to have the arrangement tested by a licensed testing facility operator; and (ii) to give the chief executive a written report of the test in the approved form. (3) If the chief executive carries out a test of the linked jackpot arrangement— (a) the applicant must pay the fee prescribed under a regulation for the test to the chief executive; and (b) if an amount of the fee is not paid by the applicant, the State may recover the amount from the applicant as a debt. (4) The chief executive may refuse to give an approval if— (a) the fee payable for a test carried out by the chief executive is not paid; or (b) the applicant fails to comply with a direction of the chief executive under subsection (2)(b). (5) If the chief executive gives the approval, the chief executive must immediately give the applicant written notice of the decision. (6) If the chief executive refuses to give the approval, the chief executive must immediately give the applicant an information notice for the decision. (7) In this section— applicant means the person by whom an approval of the chief executive for section 287 is sought. 289 Gaming machines to be labelled with chief executive's identification number (1) The chief executive must cause an identification number to be issued for each gaming machine. (2) The chief executive may, at any time after the issue of an identification number for a gaming machine, cause the issue of a new identification number for that gaming machine. (3) The chief executive must cause each gaming machine to have securely affixed to the machine, by an inspector or other person properly authorised by the chief executive in that behalf, a label showing— (a) the identification number issued under subsection (1) or (2); and (b) such other particulars as the chief executive considers appropriate; on 1 internal and 1 external surface of the cabinet of the gaming machine. (4) A label affixed under this section is to be made of such material, and be affixed, as the chief executive considers appropriate. (5) A licensee must not allow a gaming machine to be used for the conduct of gaming on the licensee's premises unless a label mentioned in subsection (3) is securely affixed to the machine. Maximum penalty for subsection (5)—200 penalty units. 290 Gaming prohibited on unprotected devices (1) A licensee must not without lawful excuse be in possession of or permit gaming on a gaming machine unless the computer cabinet and site controller of the gaming machine are securely sealed with a seal affixed by— (a) an inspector; or (b) a licensed repairer acting under this Act; or (c) a person properly authorised in that behalf under section 292(4). Maximum penalty—1000 penalty units or 5 years imprisonment. (2) Subject to subsection (3), at any time when a seal on a computer cabinet or site controller of a gaming machine has been removed, broken or damaged, the licensee must not permit gaming on the gaming machine until the gaming machine or site controller has been examined by an inspector or other person properly authorised by the chief executive in that behalf and the computer cabinet or site controller has been sealed. Maximum penalty—1000 penalty units or 5 years imprisonment. (3) Subsection (2) does not apply to a gaming machine that is not available for gaming due to the gaming machine undergoing— (a) installation, alteration, adjustment, maintenance or repair by a licensed repairer acting under this Act; or (b) an alteration to effect a change of game directed by the chief executive under section 80(1). 291 Unlawful interference with gaming equipment (1) Subject to subsection (2), a person must not— (a) have possession of any device or computer software made or adapted, or intended by the person to be used, for interfering with the normal operation of gaming equipment on licensed premises; or (b) do any act or thing calculated, or likely, to interfere with the normal operation of gaming equipment on licensed premises; or (c) except as provided in section 287, do any act or thing calculated to interfere with gaming equipment under which the return to a player for a result obtained on a gaming machine on licensed premises is different to the return provided for that result by the approved game; or (d) do any act or thing calculated to render a gaming machine on licensed premises, either temporarily or otherwise, incapable of producing a winning combination; or (e) insert, or cause to be inserted, in a gaming machine on licensed premises anything other than a gaming token of the denomination or type displayed on the gaming machine as a gaming token to be used in order to operate or gain credit on the gaming machine. Maximum penalty—1000 penalty units or 5 years imprisonment. (2) Subsection (1) does not apply to any act or thing done in good faith in connection with— (a) the installation, alteration, adjustment, maintenance or repair of gaming equipment by a licensed monitoring operator or licensed repairer; or (b) the carrying out of any installation, alteration, adjustment, maintenance or repair prescribed for the purposes of section 187(3); or (c) an alteration to a gaming machine to effect a change of game directed by the chief executive under section 80(1); or (d) the performance by an inspector of functions under this Act. (3) A person must not knowingly, because of fraudulent computer programming, gain for that person or another person any advantage in the operation of gaming equipment. Maximum penalty—1000 penalty units or 5 years imprisonment. (4) A person who dishonestly, or because of gross negligence, during the design, manufacture or assembly of gaming equipment, makes provision to subsequently gain for that person or another person any advantage in the operation of the gaming equipment commits an offence against this Act. Maximum penalty—1000 penalty units or 5 years imprisonment. 292 Protection of sensitive areas of gaming equipment (1) Subject to subsections (2), (4) and (5), a person who is not an inspector must not— (a) break a seal securing a computer cabinet or site controller of a gaming machine, or gain access to anything within the computer cabinet or site controller; or (b) affix a seal to a computer cabinet or site controller of a gaming machine; or (c) break a seal protecting the integrity of the game program of a gaming machine; or (d) remove, replace or in any way affect or interfere with the operation of a computer cabinet or site controller of a gaming machine, or anything within the computer cabinet or site controller; or (e) remove or interfere with a security device of a gaming machine; or (f) interfere with the normal operation of the reel assemblies of a gaming machine; or (g) interfere with information stored or transmitted electronically by a gaming machine, linked jackpot equipment or an electronic monitoring system; or (h) affix a mark or seal to gaming equipment to preserve the integrity of operation of the gaming equipment; or (i) remove or interfere with a mark or seal affixed to gaming equipment to preserve the integrity of operation of the gaming equipment; or (j) remove, alter or otherwise interfere with the manufacturer's identification plate or the manufacturer's serial number of a gaming machine; or (k) remove, alter or otherwise interfere with an identification label affixed to a gaming machine under section 289; or (l) affix anything capable of being taken as a label mentioned in section 289 to a gaming machine or a device capable of being taken as a gaming machine. Maximum penalty—1000 penalty units or 5 years imprisonment. (2) A licensed repairer is authorised, to such extent as is necessary, in the performance of duties as a licensed repairer to do things mentioned in subsection (1) if the licensed repairer does not, without the approval of the licensed monitoring operator— (a) break a seal securing a computer cabinet; or (b) fix a seal to a computer cabinet; or (c) remove or interfere with a mark or seal fixed to gaming equipment to preserve the integrity of the equipment's operation; or (d) fix a mark or seal to gaming equipment to preserve the integrity of the equipment's operation. (3) If the licensed repairer breaks a seal securing a computer cabinet or site controller of a gaming machine, the licensed repairer must ensure that the gaming machine is not played, other than for testing purposes, until the computer cabinet or site controller is again secured with a seal approved by the chief executive. Maximum penalty—200 penalty units. (4) The chief executive may authorise a person to do anything mentioned in subsection (1). (5) Subsection (1)(a) to (j) does not apply to— (a) an electronic monitoring system not on licensed premises; or (b) another type of gaming equipment— (i) not connected to an electronic monitoring system; and (ii) not installed in a gaming machine area. 292A Licensee's obligation about site controller A licensee must ensure that each site controller of a gaming machine at the licensee's licensed premises— (a) has a label securely fixed to the site controller clearly identifying it as a site controller; and (b) is installed at the premises in a way that allows an inspector to have unfettered access to the site controller, including the seal and any manufacturer's identification plate or label fixed to the site controller. Maximum penalty—200 penalty units. 293 Wilful damage of gaming equipment A person must not wilfully damage or deface gaming equipment on licensed premises. Maximum penalty—200 penalty units. 294 Use of unauthorised gaming machines (1) A person who is not a departmental officer or any person referred to in subsection (2) must not play or allow another person to play a gaming machine that is not a licensee's authorised gaming machine. Maximum penalty—1000 penalty units or 5 years imprisonment. (2) A person who has possession of a gaming machine— (a) for the purpose of conducting— (i) a training course referred to in section 267(3)(d) or 272(3); or (ii) genuine testing or development work referred to in section 267(3)(c); or (b) under an authority under section 272(5), and such authority so permits; may play or allow another person to play the gaming machine only for the purpose of simulating gaming. (3) A person who— (a) plays, or allows another person to play, a gaming machine referred to in subsection (2) by the use of a gaming token which is— (i) Australian currency; or (ii) approved under section 240(3); or (iii) in any way negotiable; or (b) allows any winnings to become payable because of playing a gaming machine referred to in subsection (2); commits an offence against this Act. Maximum penalty—1000 penalty units or 5 years imprisonment. 295 Monthly money clearances (1) Subject to subsection (2), a licensee must carry out a money clearance complying with section 297 of all gaming machines and any centralised credit system installed on the licensee's licensed premises— (a) after the end of the operation of gaming machines that started on the last day of each month; and (b) before the start of the operation of gaming machines on the first day of the next month. Maximum penalty—200 penalty units. (2) The chief executive may, either verbally or by written notice, direct a licensee to carry out the money clearance mentioned in subsection (1) during such period as the chief executive determines. (3) A licensee to whom a direction is given under subsection (2) must comply with the direction. Maximum penalty—200 penalty units. (4) A licensee must, in conjunction with a money clearance carried out under this section, carry out such functions as are prescribed to be carried out in conjunction with the money clearance. Maximum penalty for subsection (4)—200 penalty units. 296 Periodic money clearances (1) A licensee, at least 4 times a month, must carry out a money clearance complying with section 297 of each gaming machine and any centralised credit system installed on the licensee's licensed premises. Maximum penalty—200 penalty units. (2) The money clearances required to be carried out by a licensee under subsection (1) must be carried out at intervals of not more than 10 days. Maximum penalty—200 penalty units. (3) The money clearance carried out by a licensee under section 295(1) in a particular month is taken to be one of the money clearances required to be carried out in the month by the licensee under subsection (1). (4) A licensee, in conjunction with carrying out a money clearance under subsection (1), must carry out such functions as are prescribed to be carried out in conjunction with such a money clearance. Maximum penalty for subsection (4)—200 penalty units. 297 Requirement for money clearance (1) This section applies for carrying out a money clearance under section 295 or 296. (2) For a money clearance of a gaming machine, the gaming tokens to be removed from the gaming machine are all the tokens in the gaming machine, other than gaming tokens in the hopper. (3) For a money clearance of a centralised credit system, the amount to be deducted is the amount calculated on the basis fixed under a regulation. 298 Accounts and analyses (1) A licensee must, for each of the licensee's licensed premises, keep and maintain such accounting records, in the way prescribed and in the approved form, as correctly record and explain the licensee's financial operations in respect of, or connected with, gaming and the conduct of gaming on the premises. Maximum penalty—200 penalty units. (2) A licensee must carry out such accounting analysis as is prescribed. Maximum penalty for subsection (2)—200 penalty units. 299 Monthly gaming machine reconciliation reports (1) A licensee of category 1 or 2 licensed premises must, for each of the licensee's licensed premises— (a) by the day prescribed under a regulation for each month, prepare a monthly gaming machine reconciliation report complying with subsection (2) for the premises; and (b) keep a hard copy of the report on the premises. Maximum penalty—200 penalty units. (2) Each monthly gaming machine reconciliation report must— (a) be made in the way prescribed and in the approved form; and (b) give an accurate account of the matters contained in the report in relation to gaming and the conduct of gaming on the premises to which it relates— (i) in the case of the first report after the issue of the licence—during the period from the issue of the licence to the end of the period covered by the report; or (ii) in the case of any subsequent report—during the period from the end of the period covered by the last report kept in respect of the licensed premises to the end of the period covered by the report in question. 300 Records not to be falsified etc. A person must not, with intent to defraud— (a) destroy, alter, mutilate or falsify any accounting record or report; or (b) make, or cause to be made, a false, erroneous or misleading entry in, or omit or alter, or cause to be omitted or altered, an entry in any accounting record or report; required to be kept, maintained or lodged by a licensee under this part. Maximum penalty—400 penalty units or 2 years imprisonment. 301 Licensees audit guidelines (1) The chief executive may prepare guidelines (licensees audit guidelines) for the carrying out of audits for the gaming operations of category 2 licensees. (2) The chief executive must keep copies of the licensees audit guidelines available for inspection and permit a person— (a) to inspect the guidelines without fee; and (b) to take extracts from the guidelines without fee. (3) Also, the chief executive must keep copies of the licensees audit guidelines available for supply to persons and permit a person to obtain a copy of the guidelines, or a part of the guidelines, without fee. (4) For subsection (2)— (a) copies of the licensees audit guidelines— (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 chief executive considers appropriate; and (b) the copies of the guidelines kept at a place must be available for inspection during office hours on business days for the place. 302 Audit of gaming operations (1) As soon as practicable after the end of a financial year, a category 2 licensee must, for each of the licensee's licensed premises, at the licensee's own expense, cause the licensee's accounts and accounting records for the licensee's gaming operations for the licensed premises for the financial year to be audited by an approved accountant. Maximum penalty—200 penalty units. (2) If a category 2 licensee ceases to be a category 2 licensee of premises, the person (the former licensee) must, within the required time, at the former licensee's own expense, cause the former licensee's accounts and accounting records for the former licensee's gaming operations for the premises for the operating period to be audited by an approved accountant. Maximum penalty—200 penalty units. (3) The required time for the former licensee to take action under subsection (2) is— (a) the period ending 1 month after the former licensee ceases to be a category 2 licensee; or (b) if the chief executive extends, or further extends, the period for the former licensee to take the action, by written notice given to the former licensee in the period or extended period—the period as extended. (4) In this section— operating period, for a former licensee, means— (a) if an audit for the former licensee's gaming operations has been done for subsection (1)—the period— (i) starting on the day immediately after the end of the period to which the audit, or last audit, related; and (ii) ending on the day the former licensee ceased to be a category 2 licensee; and (b) if paragraph (a) does not apply—the period starting on the day the former licensee's gaming operations started and ending on the day the former licensee ceased to be a category 2 licensee. 303 Carrying out of audit (1) An approved accountant carrying out an audit for section 302(1) or (2) must— (a) to the extent it is reasonably practicable, comply with any licensees audit guidelines; and (b) complete the audit within 3 months after the end of the financial year or other period to which the audit relates; and (c) immediately after completing the audit, give a copy of the audit report to the category 2 licensee or former licensee. Maximum penalty—40 penalty units. (2) Subsection (1)(b) does not apply to the approved accountant if— (a) in the circumstances, it would be unreasonable to require the accountant to comply with the paragraph; and (b) the accountant completes the audit as soon as practicable. 304 Dealing with audit report Within 14 days after a category 2 licensee or former licensee receives a copy of an audit report under section 303(1)(c), the category 2 licensee or former licensee must give a copy of the report to the chief executive. Maximum penalty—200 penalty units. 305 Community benefit statement and other associated documents for audit report for category 2 licensee (1) A category 2 licensee, on receiving a copy of an audit report under section 303(1)(c) for a financial year, must, in addition to giving a copy of the report to the chief executive under section 304, give to the chief executive, as required by this section— (a) if the approved accountant who carried out the audit issued a management letter in relation to the audit—a copy of the management letter; and (b) a statement— (i) stating the number of members in each class of membership of the licensee at the end of the financial year; and (ii) identifying each class of membership of the licensee for which the members in the class have voting rights; and (c) a copy of a profit and loss statement containing details of all revenue received, and expenditure incurred, by the licensee in carrying on the licensee's general operations for the licensee's licensed premises to which the audit report relates for the financial year; and (d) a copy of any balance sheet, financial statement, auditor's report or other statement or report, relating to the licensee's annual general meeting for the financial year; and (e) a statement, in the approved form, containing details of all benefits given by the licensee to each of the following persons in the financial year— (i) a member of the licensee's management committee or board, or the secretary of the licensee; (ii) a lessor of the licensee's licensed premises; (iii) a person who— (A) has entered into an agreement or an arrangement with the licensee about the management of the licensee's business or operations; or (B) is responsible for the day to day management of the operation of the licensed premises; (iv) a person who is an associate of a person mentioned in subparagraphs (i) to (iii); (v) another person prescribed under a regulation; and (f) if the licensee operates more than a number of gaming machines fixed for this paragraph under a regulation—a community benefit statement detailing all financial contributions made, and other support given, during the financial year to charitable, sporting, recreational and other community associations and initiatives. Maximum penalty—200 penalty units. (2) The profit and loss statement to be given to the chief executive under subsection (1)(c) must— (a) distinguish between revenue received from the sale of liquor for consumption on the licensed premises and the revenue received from the sale of liquor for consumption off the licensed premises; and (b) comply with any other reasonable requirements notified in writing to the licensee by the chief executive. (3) The approved form under subsection (1)(e) must include provision for the following— (a) the name of the person to whom the benefit is given; (b) the nature of the benefit; (c) the amount or monetary value of the benefit. (4) A document mentioned in subsection (1)(a), (b), (e) or (f) must be given to the chief executive with the copy of the audit report given to the chief executive. (5) A document mentioned in subsection (1)(c) or (d) must be given to the chief executive— (a) if the category 2 licensee's annual general meeting for the financial year was held before the licensee received the copy of the audit report—with the copy of the audit report given to the chief executive; or (b) if paragraph (a) does not apply—within 14 days after the licensee's annual general meeting for the financial year is held. (6) Subsection (1) applies to the category 2 licensee in relation to the profit and loss statement mentioned in paragraph (c) of the subsection only to the extent to which a document mentioned in paragraph (d) of the subsection does not contain the details mentioned in paragraph (c), specifically relating to the licensee's licensed premises to which the audit report relates. (7) Despite subsection (1)(e), the statement mentioned in that paragraph need not contain details of approved benefits given to a person if the total amount or monetary value of the approved benefits is less than an amount prescribed under a regulation. (8) Words and expressions used in a gaming Act and subsection (9), definition general operations, paragraph (b) have the same meanings in that paragraph as they have in the gaming Act. (9) In this section— approved benefit means a benefit that is approved by a category 2 licensee's management committee or board as a benefit that may be given by the licensee to a person. benefit includes the following— (a) salaries, wages, allowances and financial incentives; (b) a payment under a lease, agreement or arrangement; (c) service and advantage. general operations, of a licensee, means operations conducted by the licensee— (a) under the licensee's gaming machine licence; or (b) in relation to the conduct of— (i) keno games under a keno licence; or (ii) wagering under the Wagering Act 1998; or (iii) general gaming operations under the Charitable and Non-Profit Gaming Act 1999; or (c) relating to the supply of— (i) liquor and other beverages; and (ii) food. monetary value, for a benefit that is not money, means the value of the benefit in monetary terms reasonably estimated by the management committee or board of the licensee who gave the benefit. 306 Further information about audit report or associated documents (1) This section applies on the receipt by the chief executive of— (a) a copy of an audit report under section 304; or (b) a document under section 305. (2) The chief executive may, by written notice given to the person from whom the copy of the audit report or other document is received, require the person to give the chief executive, within a reasonable time stated in the notice, the information stated in the notice. (3) The chief executive may require a person to give the chief executive information about a matter under subsection (2) only if— (a) the matter relates to the person's general operations; and (b) the matter is mentioned in, or arises out of— (i) the audit report a copy of which is received by the chief executive from the person; or (ii) the other document received by the chief executive from the person. (4) When making a requirement of a person under subsection (2), the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. (5) A person to whom a notice is given under subsection (2) must comply with the requirement mentioned in the notice within the stated time, unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (6) It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person. (7) In this section— general operations has the same meaning as in section 305. 307 Notices about keeping accounting records (1) The chief executive may, by written notice given to a licensee— (a) approve, as a place at which the licensee may keep the licensee's accounting records for licensed premises of the licensee, a place, other than the licensed premises, nominated by the licensee; or (b) specify an accounting record of the licensee (an exempt accounting record) that may be kept at a place that is not an approved place for the keeping of the record; or (c) specify an accounting record of the licensee that may be kept temporarily at a place (a holding place) that is not an approved place for the keeping of the record, and the period for which, or the circumstances in which, the record may be kept at the holding place; or (d) approve the keeping of information contained in an accounting record of the licensee in a way different from the way the information was originally kept; or (e) approve the destruction of an accounting record of the licensee the chief executive considers need not be kept. (2) The chief executive may specify an accounting record for subsection (1)(b) only if the chief executive considers there is sufficient reason for the record to be kept at a place that is not an approved place for the keeping of the record. (3) An accounting record mentioned in subsection (1)(c) is also an exempt accounting record— (a) for the period stated in the notice; or (b) while the circumstances stated in the notice exist. (4) The exercise of the chief executive's power under subsection (1)(d) or (e) is subject to any other law about the retention or destruction of the accounting record. 308 Keeping accounting records (1) A licensee must keep the licensee's accounting records for licensed premises of the licensee at a place that is an approved place for the keeping of the records. Maximum penalty—40 penalty units. (2) A licensee must ensure an accounting record of the licensee is available for inspection by an inspector at the approved place for the keeping of the record for at least 1 year after the end of the transaction to which the record relates. Maximum penalty—100 penalty units. (3) Subsections (1) and (2) do not apply to an exempt accounting record. 309 Period for which licensee's accounting records to be kept (1) A licensee must keep an accounting record of the licensee for 5 years after the end of the transaction to which the record relates. Maximum penalty—40 penalty units. (2) Subsection (1) does not apply to an accounting record if— (a) the information previously contained in the record is kept in another way under an approval of the chief executive; or (b) the record has been destroyed under an approval of the chief executive. (3) Subsection (1) has effect subject to any other law about the retention or destruction of the accounting record. 310 Monthly taxable metered win (1) Each month the chief executive must, for the preceding month, make an assessment of the monthly taxable metered win of each licensed premises and, subject to section 323, the assessment is taken to be the monthly taxable metered win for the premises for the preceding month. (2) If an assessment is made under subsection (1) by way of an electronic monitoring system installed on the licensee's licensed premises, the period covered by the assessment— (a) for the month in which the system is installed—starts when the system first reports data from the premises to the chief executive and ends when the system first reports data from the premises to the chief executive in the next month; and (b) for each month after the month in which the system is installed—starts when the system first reports data from the premises to the chief executive for the month and ends when the system first reports data from the premises to the chief executive in the next month. (3) If the electronic monitoring system malfunctions in a way that affects the assessment, the chief executive must ensure the assessment is made in another way decided by the chief executive. 312 Gaming machine tax (1) A licensee must pay a gaming machine tax to the chief executive each month in respect of the licensee's licensed premises. (2) The gaming machine tax must be paid on or before the day prescribed of the month next following the month in respect of which it is payable. (3) If the licensee's licence relates to single premises only, the amount of gaming machine tax payable by the licensee is the amount represented by the percentage prescribed, for the category of licensed premises to which the licensee's licensed premises belong, of the monthly taxable metered win for the licensee's licensed premises for the month for which the tax is payable. (4) If the licensee's licence relates to 2 or more premises, the amount of gaming machine tax payable by the licensee is the amount represented by the percentage prescribed, for category 2 licensed premises, of the sum of the monthly taxable metered wins for both or all of the licensee's licensed premises for the month for which the tax is payable. 313 Sport and recreation benefit fund (1) The sport and recreation benefit fund is continued in existence subject to the Financial Administration and Audit Act 1977, part 8, division 2. Editor's note— Financial Administration and Audit Act 1977— see the Financial Accountability Act 2009, section 93 (2) Accounts for the fund must be kept as part of the departmental accounts of the department of government that deals with matters about sport (the department). (3) Amounts received for the fund must be deposited in a departmental financial-institution account of the department but may be deposited in an account used for depositing other amounts received by the department other than amounts received for the fund. 314 Community investment fund (1) The community investment fund is established. (2) Each month, the Minister must pay into the fund a percentage of all gaming machine tax for the previous month paid to the chief executive by all licensees. (3) The amounts paid into the fund under this Act are administered receipts. (4) The percentage mentioned in subsection (2) is the percentage prescribed under a regulation. 315 Gambling community benefit fund (1) The gambling community benefit fund is established. (2) The amounts paid into the fund are administered receipts. 316 Gambling Community Benefit Committee The Minister responsible for the administration of the gambling community benefit fund— (a) must establish a committee called the Gambling Community Benefit Committee; and (b) may decide— (i) the membership of the committee; and (ii) how it is to operate. 316A Purpose of div 3 (1) The purpose of this division is to provide for a levy payable by each category 1 licensee based on the monthly taxable metered win for the licensee's licensed premises. (2) Amounts attributable to the levy may be used for health services and services related to health services. (3) In this section— health services means services for maintaining, improving or restoring people's health and wellbeing. 316B Health services levy on category 1 licensed premises (1) A category 1 licensee must pay a health services levy to the chief executive each month for the licensee's licensed premises. (2) The health services levy must be paid on or before the day, prescribed under a regulation, of the month next following the month for which it is payable. (3) The amount of health services levy payable by the category 1 licensee is the amount represented by the percentage, prescribed under a regulation, of the monthly taxable metered win for the licensee's licensed premises for the month for which the levy is payable. (4) To remove any doubt, it is declared that the health services levy is additional to any gaming machine tax the category 1 licensee is liable to pay for the licensee's licensed premises. 316C Health services fund accounts (1) The health services levies are administered receipts of the department. (2) The chief executive must establish and keep accounts to record amounts received as health services levy, called the health services fund accounts. (3) To remove any doubt, it is declared that the chief executive's obligations under this section are additional to the chief executive's obligations under the Financial Accountability Act 2009. 317 Payment of taxes etc. (1) Subject to subsections (2) and (3), a licensee must ensure that the chief executive receives on or before the day prescribed for each month an amount not less than the total amount of— (a) the monthly gaming machine tax payable by the licensee; and (b) the monthly health services levy payable by the licensee; and (c) the penalty payable by the licensee under section 319 on or before that day; and (d) the gaming machine tax, health services levy or penalty payable by the licensee and remaining unpaid at the end of the day, prescribed under a regulation, of the preceding month. Maximum penalty—200 penalty units. (2) The chief executive may, by written notice given to a licensee, direct the licensee to pay an amount mentioned in subsection (1) by instalments. (3) The licensee must comply with the direction. Maximum penalty—200 penalty units. (4) For the payment of an amount to the chief executive for gaming machine tax, health services levy or penalty under section 319, the licensee must ensure the payment— (a) is identifiable as being for the licensee's licensed premises only; and (b) is exclusive of any payment for any other licensee or purpose. Maximum penalty—40 penalty units. (5) Where a payment to the chief executive that does not comply with subsection (4) is made, the chief executive is to determine the licensed premises or purpose for which the payment was made and this Act applies to the payment as if the payment had been made and identified for the licensed premises or purpose so determined. 318 Adjustment of gaming machine tax (1) Subsection (2) applies to a licensee if the gaming machine tax payable by the licensee for a month (the reference month) is a negative amount (a tax credit). (2) In working out the gaming machine tax payable for the month after the reference month (the first adjustment month), the tax credit for the reference month is, to the extent possible, to be set off against the gaming machine tax that, apart from this section, would be payable for the first adjustment month. (3) Subsection (4) applies if— (a) without applying subsection (2), the gaming machine tax for the first adjustment month is a negative amount; or (b) after applying subsection (2), part of the tax credit (the tax credit balance) for the reference month has not been set off against gaming machine tax for the first adjustment month. (4) In working out the gaming machine tax payable for the month after the first adjustment month (the second adjustment month), the tax credit, or tax credit balance, for the reference month, is, to the extent possible, to be set off against the gaming machine tax that, apart from this subsection, would be payable for the second adjustment month. 319 Penalty for late payment (1) If, by the end of the day prescribed of a month (or at the discretion of the chief executive by a time not more than 7 days later than the end of the day prescribed) the amount received by the chief executive under section 317(1) from a licensee is less than the total amount the licensee is, under that subsection, required to ensure is received by the chief executive for that month— (a) the chief executive must cause to be imposed on the licensee in question a penalty to be calculated by applying the percentage prescribed on the difference between those 2 amounts; and (b) the amount received is to be credited as prescribed. (2) A penalty imposed under subsection (1)(a) is due and payable, by the licensee in question, on or before the day prescribed of the month following the date on which it is imposed. (3) The chief executive, for any reason that the chief executive considers is sufficient, may forgive or refund any penalty payable under this section. 320 Forgiven or overpaid money If— (a) the amount received by the chief executive in any month under section 317(1) is greater than the total amount referred to in section 317(1), the difference; or (b) under section 319(3), the chief executive determines all or part of any penalty payable is to be forgiven, the amount so forgiven, if paid before the determination; is to be either— (c) taken to be a payment forming part of the payment to be made for the following month under section 317(1) in respect of the licensed premises; or (d) at the discretion of the chief executive, forwarded to the licensee, upon written application by the licensee. 321 Financial statement of licensed monitoring operator (1) A licensed monitoring operator who supplies basic monitoring services for licensed premises of a licensee must, as required under subsection (2)— (a) give the licensee a financial statement for the premises; or (b) have a financial statement for the premises available in a form capable of being accessed by the licensee. Maximum penalty—100 penalty units. (2) The financial statement for the licensed premises must— (a) be given to, or made available for access by, the licensee as soon as practicable after the end of the assessment period for the premises; and (b) contain the particulars stated by the chief executive in a written notice given to the licensed monitoring operator as the particulars the chief executive considers appropriate for the premises. (3) The chief executive may, by written notice given to a licensed monitoring operator, require the licensed monitoring operator to give the chief executive a written explanation about any matter contained in the financial statement. (4) The licensed monitoring operator must comply with a requirement under subsection (3), unless the operator has a reasonable excuse. Maximum penalty—100 penalty units. (5) The licensed monitoring operator must not give the chief executive an explanation the operator knows is false, misleading or incomplete in a material particular. Maximum penalty—200 penalty units. (6) Subsection (5) does not apply to a licensed monitoring operator if the operator, when giving the explanation, informs the chief executive in writing, to the best of the operator's ability, how the explanation is false, misleading or incomplete. (7) It is enough for a complaint for an offence against subsection (5) to state that the explanation was false, misleading or incomplete to the defendant's knowledge. 322 Disposition of fees etc. (1) All fees and charges payable under this Act, other than a payment referred to in subsection (2), received by the chief executive must be paid into the consolidated fund. (2) A payment in respect of a gaming machine tax, health services levy or penalty under section 319, must on its receipt be paid into one of the accounts of the departmental accounts of the department that is used only for the purpose of holding such payments until an assessment is made on the amounts of such payment under subsection (3). (3) A payment mentioned in subsection (2) must, as soon as practicable after the licensee receives a financial statement under section 321(1), be withdrawn from the account mentioned in subsection (2) and the part of the payment assessed by the chief executive as the gaming machine tax, the health services levy or a penalty under section 319, other than the amount mentioned in subsection (3A), must be paid by the chief executive into the consolidated fund. (3A) Despite subsection (3), the following amounts of the payment assessed each month as gaming machine tax are controlled receipts of the department— (a) the amount prescribed under a regulation multiplied by the maximum number of operating authorities; (b) the amount prescribed under a regulation multiplied by the maximum number of entitlements. (4) The Minister who is charged with the administration of the Sport and Recreation Benefit Fund may cause amounts to be paid out of the fund for the benefit of sport and recreation. (5) The Minister may cause amounts to be paid out of the community investment fund for— (a) gambling research and dealing with social issues arising from gambling (including research into the effectiveness of responsible gambling initiatives); and (b) the gambling community benefit fund; and (ba) the casino community benefit fund continued in existence under the Casino Control Act 1982, section 52(1); and (c) major public sporting facilities of Statewide significance; and (d) major cultural facilities of Statewide significance; and (e) infrastructure for facilities mentioned in paragraph (c) or (d); and (ea) a scheme for providing capital works for the racing industry; (f) funding that part of the department through which this Act is administered; and (g) programs of Statewide significance, including job creation, community renewal and crime prevention. (5A) Amounts paid out under subsection (5)(ea) must not be more than the amounts paid into the community investment fund under the Wagering Act 1998, section 169(1)(b). (6) The Minister may, having regard to the recommendation of the Gambling Community Benefit Committee, cause amounts to be paid out of the gambling community benefit fund for the benefit of the community. (7) Amounts may be retained under subsection (3A) or paid under subsection (4), (5) or (6) without further appropriation. 323 Adjustment of assessment in certain circumstances If the chief executive forms the opinion that an assessment of the monthly taxable metered win for licensed premises or a calculation of gaming machine tax, health services levy or penalty under section 319 for a month is in error, the chief executive may— (a) cause to be made an amended assessment or an amended calculation and, if an amount previously calculated as being payable— (i) is less than the amount of the chief executive's amended calculation the difference is to be added to; or (ii) is more than the amount of the chief executive's amended calculation the difference is to be deducted from; the applicable amount of gaming machine tax, health services levy or penalty under section 319, which becomes due and payable by the day prescribed of the month next following the month in which the amended calculation is made; and (b) advise the licensee accordingly. 324 Recovery of taxes, levies and penalties (1) Any gaming machine tax, health services levy or penalty payable under section 319 that remains unpaid may be recovered by the chief executive as a debt payable to the State— (a) by the licensee; or (b) if the licensee is a body corporate and the licensed premises to which licensee's licence relates are category 1 licensed premises—jointly and severally, by each person who is or was a director of the body corporate when the amount becomes or became payable. (2) It is a defence in an action to recover an amount mentioned in subsection (1), that is a penalty payable under section 319, from a person mentioned in paragraph (b) of the subsection for the person to prove— (a) if the person was in a position to influence the conduct of the body corporate in relation to the matter from which the liability to pay the amount arose—the person exercised reasonable diligence to ensure the body corporate did not become liable to pay the amount; or (b) the person was not in a position to influence the conduct of the body corporate in relation to the matter. (3) The chief executive, instead of proceeding with or continuing an action under subsection (1), may accept in full payment of any debt payable, an amount that is less than the amount payable or remaining unpaid where— (a) the gaming machine licence in relation to which the debt is payable has been cancelled or surrendered; and (b) the person who held the licence is not the holder of any other gaming machine licence. (4) This section applies despite the Corporations Act. 325 Offences relating to revenue A licensee must not wilfully evade the payment, in whole or part, of— (a) gaming machine tax or health services levy payable under this part; or (b) a penalty payable under section 319. Maximum penalty—400 penalty units or 2 years imprisonment. 325A Appointment and qualifications (1) The chief executive may appoint a person as an inspector. (2) However, a person may be appointed as an inspector only if— (a) the person is— (i) a public service officer or employee; or (ii) a member of a class of persons prescribed under a regulation; and (b) the chief executive is satisfied the person is qualified for the appointment because— (i) the person has the necessary expertise or experience; or (ii) the chief executive considers the person has the ability to quickly acquire the necessary expertise; and (c) the chief executive is satisfied the person is a suitable person to be an inspector, having regard to— (i) the person's character; and (ii) the person's current financial position and financial background; and (iii) any other matter the chief executive considers relevant to the person's suitability to be an inspector. 325B Conditions and limit on powers (1) An inspector holds office on any conditions stated in— (a) the inspector's instrument of appointment; or (b) a signed notice given to the inspector; or (c) a regulation. (2) The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector's powers under this Act. (3) In this section— signed notice means a notice signed by the chief executive. 325C Issue of identity card (1) The chief executive must issue an identity card to each inspector. (2) The identity card must— (a) contain a recent photo of the inspector; and (b) contain a copy of the inspector's signature; and (c) identify the person as an inspector under this Act; and (d) state an expiry date for the card. (3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes. 325D Production or display of identity card (1) In exercising a power under this Act in relation to a person, an inspector must— (a) produce the inspector's identity card for the person's inspection before exercising the power; or (b) have the identity card displayed so it is clearly visible to the person when exercising the power. (2) However, if it is not practicable to comply with subsection (1), the inspector must produce the identity card for the person's inspection at the first reasonable opportunity. (3) For subsection (1), an inspector does not exercise a power in relation to a person only because the inspector has entered a public place or the land around premises to ask its occupier for consent to enter the premises. 325E When inspector ceases to hold office (1) An inspector ceases to hold office if any of the following happens— (a) the term of office stated in a condition of office ends; (b) under another condition of office, the inspector ceases to hold office; (c) the inspector's resignation under section 325F takes effect. (2) Subsection (1) does not limit the ways an inspector may cease to hold office. (3) In this section— condition of office means a condition on which the inspector holds office. 325F Resignation An inspector may resign by signed notice given to the chief executive. 325G Return of identity card A person who ceases to be an inspector must return the person's identity card to the chief executive immediately after ceasing to be an inspector unless the person has a reasonable excuse. Maximum penalty—40 penalty units. 325H Audit program (1) The Minister may approve an audit program for investigating inspectors. (2) The chief executive may investigate an inspector under an approved audit program to help the chief executive decide whether the inspector is a suitable person to be an inspector, having regard to— (a) the inspector's character; and (b) the inspector's current financial position and financial background; and (c) any other matter the chief executive considers relevant to the person's suitability to be an inspector. (3) However, the chief executive may investigate an inspector under subsection (2) only once every 2 years, unless the chief executive reasonably suspects the inspector is not a suitable person to be an inspector having regard to the matters mentioned in subsection (2). (4) The chief executive must ensure the investigation is conducted under the approved audit program. (5) In this section— approved audit program means an audit program approved by the Minister under subsection (1). 325I Report about criminal history (1) To help decide whether a person is a suitable person to be an inspector or continue as an inspector, the chief executive may ask the commissioner of the police service for a written report about the person's criminal history. (2) If asked by the chief executive, the commissioner of the police service must give the chief executive a written report about the criminal history of the person. (3) The duty imposed on the commissioner of the police service applies only to information in the commissioner's possession or to which the commissioner has access. 326 Interpretation In this division— article means— (a) gaming equipment; or (b) a restricted component; or (c) a device capable of being represented as being a gaming machine or linked jackpot equipment; or (d) anything capable of forming gaming equipment; or (e) anything inserted, or capable of being inserted, into a gaming machine in order to operate or gain credit on the gaming machine (other than a gaming token of the denomination or type displayed on the gaming machine); or (f) any device intended for use, or capable of being used, to interfere with the normal operation of gaming equipment; or (g) anything that permits or facilitates cheating or stealing; or (h) a gaming token; or (i) any lock or key; or (j) any counter of or apparatus for weighing gaming tokens; or (k) any other item related to— (i) gaming or the conduct of gaming; or (ii) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment. records means any books, accounts, records or documents, in any form, which are related to— (a) the conduct of gaming; or (b) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; or (c) the administration of licensed premises. 327 Directions (1) The commission or the chief executive may, by written notice, give directions to— (a) a licensee about the conduct of gaming or the administration of the licensee's licensed premises; or (b) a licensed monitoring operator about the conduct of gaming or supplying basic monitoring services to a licensee; or (c) a licensed major dealer or licensed secondary dealer about the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance or repair of gaming equipment; or (d) a licensed testing facility operator about the testing of gaming equipment; or (e) a licensed service contractor or licensed repairer about the installation, alteration, adjustment, maintenance or repair of gaming equipment; or (f) any other person who holds a licence or authority under this Act about the conduct of gaming. (2) A person to whom a notice is given must comply with the directions of the commission or the chief executive under subsection (1). Maximum penalty—200 penalty units. (3) If a person who has been convicted of an offence of failing to comply with directions given under subsection (1), continues to fail to so comply, the person commits an offence against this Act. Maximum penalty for subsection (3)—20 penalty units for each day on which the failure continues. 328 Stop directions (1) This section applies if an inspector reasonably believes— (a) a thing used for gaming, or in the conduct of gaming, is unsatisfactory for the purpose for which it is used; and (b) the continued use of the thing may— (i) jeopardise the integrity of gaming or the conduct of gaming; or (ii) adversely affect the public interest. (2) The inspector may direct the person who has, or reasonably appears to have, authority to exercise control over the thing to stop using the thing, or allowing the thing to be used, for gaming or in the conduct of gaming. (3) A direction under subsection (2) (a stop direction) may be given orally or by written notice (a stop notice). (4) However, if the direction is given orally, it must be confirmed by written notice (also a stop notice) given to the person as soon as practicable. (5) A stop direction may be given for a thing at or on licensed premises. (6) A stop direction does not apply to a use of the thing carried out for repairing or testing the thing. (7) A stop notice must state— (a) the grounds on which the inspector believes the thing is unsatisfactory; and (b) the circumstances (if any) under which the stop direction may be cancelled. (8) A person to whom a stop direction is given must comply with the direction. Maximum penalty for subsection (8)—40 penalty units. 329 General powers of inspectors (1) An inspector, who believes, on reasonable grounds, that it is necessary in the performance of the inspector's functions under this Act may, subject to subsections (2) and (4) enter, be and remain on licensed premises or any other place in or at which the inspector believes on reasonable grounds any— (a) article is manufactured, assembled, sold, supplied, stored, transported, handled, installed, altered, obtained, possessed, operated, used, adjusted, maintained, repaired, tested or kept; or (b) records are made, maintained, prepared, handled, stored or kept; and may— (c) make such investigations and inquiries as are necessary to ascertain whether this Act is being complied with; and (d) make an inspection of the licensed premises or other place and of— (i) any articles, records, fittings and fixtures; or (ii) any other thing of any kind apparently used, or capable of being used, in connection with— (A) gaming or the conduct of gaming; or (B) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; and (e) open, or order to be opened— (i) any container or other receptacle of any kind; or (ii) a door of any container or other receptacle of any kind; used for the storage or conveyance of any article or records or that the inspector believes on reasonable grounds contains any article or records; and (f) search for and seize any article, records or other thing that the inspector considers will afford evidence as to the commission of an offence against this Act or any other Act or law suspected by the inspector on reasonable grounds to have been committed; and (g) open or order to be opened any gaming equipment; and (h) inspect and test any gaming equipment or part of the gaming equipment and order the withdrawal from use of any gaming equipment or part considered by the inspector to be unsatisfactory for use; and (i) take such photographs, or films or audio or visual recordings that he or she considers may afford evidence as to the commission of an offence against this Act or any other Act or law suspected by the inspector on reasonable grounds to have been, or to be likely to be, committed; and (j) require a person to produce to the inspector any licence, registration, permit, approval, certificate or authorisation under this Act granted or issued to that person or alleged by that person to have been granted or issued to that person; and (k) when so required by the chief executive— (i) provide gaming machines and linked jackpot equipment to a licensee; or (ii) alter a gaming machine to effect a change in the game, gaming token denomination or betting unit; or (iii) take possession of and remove any gaming equipment or ancillary or related property of the State, and do anything that is necessary and reasonable to effect the taking possession, or removal, of the equipment or property; and (l) in all other respects, exercise the inspector's powers and perform the inspector's functions under this Act. (2) Where an act referred to in subsection (1)(a) or (b) is carried out during the night-time, an entry and inspection under subsection (1) may be made at all reasonable times during the daytime or night-time but otherwise such entry and inspection must be made at all reasonable times during the daytime. (3) An inspector, who believes, on reasonable grounds, that it is necessary in the performance of the inspector's functions under this Act, may— (a) require any person who has in the person's possession or under the person's control any article or records to— (i) produce for the inspector's inspection any such article or records; and (ii) attend before the inspector at a time and place named and then and there to answer any questions or supply any information with respect to any article or records or any entry in any article or records; and (b) inspect any article or records referred to in paragraph (a) and take such notes or copies of or in relation to such records or take extracts from such records as the inspector considers are necessary; and (c) for the purpose of obtaining evidence for production in possible subsequent proceedings against any person for an offence committed against this Act or any other Act or law, seize any article or records inspected by the inspector under paragraph (b); and (d) require any person responsible for or connected with— (i) the conduct of gaming; or (ii) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; or (iii) the administration of licensed premises; to attend before the inspector at a time and place named and then and there to answer any questions or supply any information with respect to the matters referred to in this paragraph; and (e) require a person to state the person's full name, the address of the person's usual place of residence and the person's date of birth or any of those particulars; and (f) require a person referred to in paragraph (e) to produce evidence of the correctness of any particular stated in answer to a requirement made under that paragraph if the inspector suspects that the particular is false; and (g) receive and investigate complaints from any person with respect to— (i) gaming; or (ii) the conduct of gaming; or (iii) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; or (iv) the administration of licensed premises; and advise the person of the results of the investigations; and (h) stop and search any vehicle or vessel used or that the inspector believes on reasonable grounds has been, is being, or is likely to be, used for the conveyance of any article, records or other thing that the inspector considers will afford evidence as to the commission of an offence against this Act; and (i) ask a person the inspector thinks can help the inspector in the exercise of the inspector's powers or the performance of the inspector's functions under this Act; and (j) use such force as is reasonably necessary in the circumstances in the exercise of the inspector's powers or in the performance of the inspector's functions under this Act; and (k) in order to identify or protect the integrity of any article, records or other thing, mark, fasten, secure or seal— (i) the article, records or other thing; or (ii) any door, gate or opening that the inspector believes on reasonable grounds affords access to the article, records or other thing; and (l) exercise such other powers and authorities and perform such other functions as are prescribed. (4) Before an inspector enters any premises that are used or any part of premises that is used exclusively as a dwelling house, the inspector must, except where the inspector has the permission of the occupier of the premises or part of the premises to the entry, obtain from a justice a warrant to enter the premises or part. (5) For the purposes of subsections (6) to (8), premises used as a dwelling house do not include the curtilage of those premises. (6) A justice who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect that any article, records or other thing relevant to the administration of this Act is or are on premises or a part of premises used exclusively as a dwelling house and that— (a) in respect of the article, records or thing an offence against this Act or any other Act or law has been, is being or is likely to be, committed; or (b) it is or they are likely to be or provide evidence for production in possible subsequent proceedings against any person for an offence committed against this Act or any other Act or law; may issue a warrant, directed to the inspector, to enter the premises or part of premises specified in the warrant for the purpose of exercising the inspector's powers and performing the inspector's functions under this Act. (7) For 1 month from the date of its issue, a warrant is sufficient authority for the inspector and any person acting in aid of the inspector— (a) to enter the premises or part of premises specified in the warrant; and (b) to exercise the inspector's powers and perform the inspector's functions under this Act. (8) For the purpose of gaining entry to any place that the inspector is authorised under this Act to enter, an inspector and all persons acting in aid of the inspector may use such force as is reasonable in the circumstances. (9) A person who is acting in aid of an inspector has and may exercise all or any of the powers of an inspector and perform the functions of an inspector. (10) A requirement by an inspector under this section may be made verbally or given in writing directed to the person to or on whom it is made. (11) A requirement made to a person by an inspector under this section to produce records is, where the records are not written, or are not written in the English language, a requirement to produce (at that person's expense)— (a) such records; and (b) a statement, written in the English language, setting forth such information in the records as is not written or is not written in the English language. (12) A person is not required, in respect of any matter within the application of this Act, to answer any question or give any information tending to incriminate the person. 330 Offences relating to inspectors A person must not— (a) assault, obstruct, hinder, threaten, abuse, insult or intimidate any inspector or person acting in aid of an inspector who is exercising powers or performing functions under this Act or attempting to do so; or (b) when required under this Act to produce— (i) for inspection any article or records; or (ii) any licence, registration, permit, approval, certificate or authorisation under this Act granted or issued to the person; fail without lawful excuse to produce any such thing in accordance with such requirement; or (c) when required under this Act to attend before an inspector, fail without lawful excuse to so attend in accordance with such requirement; or (d) when required under section 329(3)(a) or (d) to answer any question or supply any information with respect to— (i) any article, records or any entry in such records; or (ii) the conduct of gaming; or (iii) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; or (iv) the administration of licensed premises; or, knowing or being in a position to know the answer or information required, fail to answer that question or supply that information or supply information that is to the person's knowledge false, erroneous or misleading in a material particular; or (e) when required under section 329(3)(e) to state the person's full name, the address of the person's usual place of residence and the person's date of birth or any of those particulars— (i) fail to immediately state any such particular; or (ii) state any false particular; or (f) when required under section 329(3)(f) to produce evidence of the correctness of any particular— (i) fail to produce that evidence; or (ii) produce false evidence with respect to that particular; or (g) retake any article, records or other thing seized and retained under this Act; or (h) tamper with— (i) any article, records or other thing; or (ii) any door, gate or opening that the inspector believes on reasonable grounds affords access to any article, records or other thing; marked, fastened, secured or sealed under this Act; or (i) fail to open any container or other receptacle of any kind, a door of a container or other receptacle of any kind or any gaming equipment when ordered to do so by an inspector acting under this Act; or (j) fail to withdraw from use any gaming equipment or part of the gaming equipment considered by an inspector to be unsatisfactory for use when ordered to do so by an inspector acting under this Act; or (k) prevent, directly or indirectly, a person from attending before an inspector, or producing to an inspector any article, or records or answering any question or supplying any information to an inspector when that person is required to do so under this Act. Maximum penalty—400 penalty units or 2 years imprisonment. 331 Forfeiture of things that have been seized (1) An article, record or other thing seized under section 329(1)(f) or (3)(c) is forfeited to the State if the inspector who seized the thing— (a) can not find its owner, after making reasonable inquiries; or (b) can not return it to its owner, after making reasonable efforts; or (c) reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act. Editor's note— Section 359 (Forfeiture on order of court) also deals with forfeiture. (2) In applying subsection (1)— (a) subsection (1)(a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and (b) subsection (1)(b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner. (3) If the inspector makes a decision under subsection (1)(c), the inspector must immediately give the owner an information notice for the decision. (4) Subsection (3) does not apply if— (a) the inspector can not find the owner, after making reasonable inquiries; or (b) it is impracticable or would be unreasonable to give the notice. (5) Regard must be had to the nature, condition and value of an article or other thing (other than a record)— (a) in deciding— (i) whether it is reasonable to make inquiries or efforts for this section; and (ii) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or (b) in deciding whether it would be unreasonable to give notice about the article or other thing. 332 Return of things that have been seized (1) If an article, record or other thing that has been seized is not forfeited, an inspector must return it to its owner— (a) at the end of 6 months; or (b) if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding. (2) Despite subsection (1), unless an article, record or other thing has been forfeited, the inspector must immediately return the article, record or other thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary. 333 Access to things that have been seized (1) Until an article, record or other thing that has been seized is forfeited or returned, an inspector must allow its owner— (a) to inspect it; and (b) for a record or another thing that is a document—to copy it. (2) Also, until a record or another document that has been seized is forfeited or returned, an inspector must, at the request of the owner of the record or other document, give the owner a correct copy of the record or other document. (3) A copy of a record or another document given to a person under subsection (2) certified by an inspector as being a correct copy is admissible as evidence in any court and has the same effect as if it were the original of the record or other document. (4) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying. 334 Dealing with forfeited things (1) On the forfeiture of a thing to the State, the thing becomes the State's property and may be dealt with by the chief executive as the chief executive considers appropriate. (2) Without limiting subsection (1), the chief executive may destroy or otherwise dispose of the thing. (3) Despite subsection (1), the chief executive must not deal with the thing in a way that could prejudice the outcome of an appeal under this Act of which the chief executive is aware. (4) The forfeiture of a thing, or the dealing with a thing under this section, does not confer a right to compensation on any person. 335 Minister may order inquiry (1) The Minister may, if the Minister thinks fit, nominate and appoint in writing the commission, a commissioner, the chief executive or any other person to hold an inquiry into any or all aspects of— (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; or (d) the administration of licensed premises. (2) In the holding of the inquiry the commission, commissioner, chief executive or other person has and may exercise all the powers, rights, privileges, protection and jurisdiction of a commission of inquiry under the Commissions of Inquiry Act 1950 except such as are provided by sections 4, 4A, 5A, 5B, 10(3), 13, 14(1A), 19A, 19B, 19C and 27 to 32 of that Act. (3) Nothing contained in this section affects any other powers that a commissioner or the chief executive has as an inspector under this Act or, where the other person is an inspector, that the other person has as an inspector under this Act. 336 Review and termination of agreements (1) A holder of a licence under this Act, if directed by the chief executive to do so, must furnish to the chief executive within the time stipulated in the direction such information or material as the chief executive thinks fit with respect to any lease, agreement or arrangement (the agreement) that the holder has with any other person relating to the conduct of the business of the holder. Maximum penalty—200 penalty units. (2) Without limiting subsection (1), matters concerning which the chief executive may direct the furnishing of information or material include— (a) names of persons entering into the agreement; and (b) description of any property, goods or other things or any services provided or to be provided; and (c) value, type or nature of consideration; and (d) period of the agreement. (3) A holder of a licence under this Act, if directed by the chief executive to do so, must furnish to the chief executive within the time stipulated in the direction a copy of the agreement (if it is in writing). Maximum penalty—200 penalty units. (4) If the chief executive, after reviewing information or material furnished under this section, considers (having regard to the terms of the agreement and such other information or material as the chief executive considers is relevant) that the continuation of the agreement— (a) is not in the public interest; or (b) jeopardises the integrity of— (i) gaming; or (ii) the conduct of gaming; or (iii) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; the chief executive may issue to a holder of a licence under this Act who is the party to the agreement a written notice to show cause why the agreement should not be terminated. (5) Notice under subsection (4) is to set out the grounds for its issue and is to stipulate a date, not less than 21 days after its issue, on or before which cause is to be shown. (6) Copy of the notice under subsection (4) is to be given to the other party to the agreement. (7) A holder of a licence under this Act to whom notice under subsection (4) is issued may give a written answer to the chief executive to show cause at any time not later than the date stipulated in the notice in that respect. (8) The other party may make such written submissions to the chief executive as the party thinks fit at any time not later than that stipulated date. (9) The chief executive is to consider any answers given in reply to the notice to show cause and any submissions made under subsection (8) and, if the chief executive considers that— (a) satisfactory answers are given or submissions made in reply to or in respect of the notice—the chief executive is not to take any action or any further action in relation to the notice; or (b) answers given or submissions made in reply to or in respect of the notice are not satisfactory or if no answers are given and no submissions are made—the chief executive may recommend to the commission that the agreement be terminated. (10) If the chief executive makes a recommendation to the commission, the chief executive must submit the notice to show cause and answers, any submissions made and such other information or material in the chief executive's possession as the chief executive considers is relevant to the recommendation. (11) The commission, having regard to the recommendation of the chief executive, other matters referred to in subsection (10) and to such other information or material as the commission considers is relevant, may— (a) take no action with respect to the agreement if the commission considers action is not warranted; or (b) direct the termination of the agreement. (12) The commission's direction referred to in subsection (11)(b) is to be given in writing to the parties to the agreement and is to specify the reasons for the termination and a date on which the agreement is terminated under this Act if not sooner terminated. (13) The agreement in question, if not sooner terminated by the parties to the agreement, is terminated by force of this Act on the date specified for the purpose in the direction. (14) The termination of the agreement by force of this Act does not affect the rights and obligations of the parties to the agreement up to the time of such termination. (15) No liability for breach of the agreement attaches to any party to the agreement because of its termination by force of this Act. 337 Financial institution may be required to furnish particulars (1) The manager or other principal officer of a financial institution in which a licensee keeps and maintains an account in relation to the operation of the licensee's licensed premises must, when so required in writing by an inspector, furnish to the inspector a statement of account and any other particulars required by the inspector to be so furnished, including copies of cheques or records relevant to the account. Maximum penalty—200 penalty units. (2) No liability is incurred by the financial institution or the manager or other principal officer of the financial institution in respect of any breach of trust or otherwise because of the furnishing of any statement or particulars or copies under this section. (3) An inspector must not, without the approval of the chief executive, make a requirement under subsection (1). 337A Definition for pt 10A In this part— approval means approval as a trainer for the approved responsible service of gambling course. 337B Approval of responsible service of gambling course The chief executive may approve a course as an approved responsible service of gambling course if the chief executive is satisfied the course gives adequate instruction about the responsible service of gambling. 337C Applying for approval as trainer (1) A person may apply to the chief executive for an approval. (2) The application must be— (a) in the approved form; and (b) accompanied by— (i) any documents, identified in the approved form, the chief executive reasonably requires to decide the application; and (ii) the fee prescribed under a regulation. (3) The applicant must also provide any other relevant information reasonably required by the chief executive to decide the application. 337D Deciding application (1) The chief executive must consider the application and either grant or refuse to grant the application as soon as practicable after the later of the following events happens— (a) the chief executive receives the application; (b) the chief executive receives all necessary information to decide the application. (2) The chief executive may grant the application only if the chief executive is satisfied the applicant has the necessary expertise or experience to conduct the approved responsible service of gambling course. (3) Without limiting subsection (2), in deciding the application the chief executive may have regard to each of the following— (a) the applicant's knowledge of the Act; (b) the applicant's experience in the gambling industry; (c) if the applicant is, or has been, a licensee or licensed person—the applicant's conduct in discharging the applicant's duties under this Act as a licensee or licensed person; (d) if the applicant has previously held an approval—the applicant's previous conduct in discharging the applicant's duties under this Act as a trainer for the approved responsible service of gambling course. 337E Grant of application (1) If the chief executive decides to grant the application, the chief executive must, as soon as practicable, give the applicant written notice of the decision. (2) The notice must state the term of the approval. (3) An approval remains in force, unless sooner cancelled, for the period, of not more than 3 years, stated by the chief executive in the notice given under subsection (1). 337F Refusal to grant application If the chief executive decides to refuse to grant the application, the chief executive must, as soon as practicable, give the applicant an information notice for the decision. 337G Applying for renewal (1) A person may apply to the chief executive for renewal of the person's approval. (2) The application may be made before, but no more than 3 months before, the last day of the term of the approval. (3) The application must be— (a) in the approved form; and (b) accompanied by— (i) any documents, identified in the approved form, the chief executive reasonably requires to decide the application; and (ii) the fee prescribed under a regulation. (4) The applicant must also provide any other relevant information reasonably required by the chief executive to decide the application. 337H Deciding application (1) The chief executive must consider the application and either renew, or refuse to renew, the approval as soon as practicable after the later of the following events happens— (a) the chief executive receives the application; (b) the chief executive receives all necessary information to decide the application. (2) The chief executive may renew the approval only if the chief executive is satisfied the applicant has the necessary expertise or experience to conduct the approved responsible service of gambling course. (3) Without limiting subsection (2), in deciding the application the chief executive may have regard to the same matters the chief executive may have regard to under section 337D(3). 337I Renewal of approval (1) If the chief executive decides to renew the approval, the chief executive must as soon as practicable give the applicant written notice of the decision. (2) The notice must state the term of the renewed approval. 337J Refusal to renew approval If the chief executive decides to refuse to renew the approval, the chief executive must, as soon as practicable, give the applicant an information notice for the decision. 337K Approval continues pending decision about renewal (1) If a person applies for renewal of the person's approval under section 337G, the approval is taken to continue in force from the day it would, apart from this subsection, have ended until the day on which the first of the following events happens— (a) the chief executive renews the approval; (b) if the chief executive decides to refuse to renew the approval—the chief executive gives the person an information notice for the decision; (c) the person withdraws the application for renewal; (d) the application lapses under section 337L; (e) the approval is cancelled under division 5. (2) If the chief executive renews the approval, the approval is taken to have been renewed from the day it would, apart from subsection (1), have ended. 337L Lapsing of application (1) This section applies if an application for an approval, or renewal of an approval, is made under this part. (2) The chief executive may make a requirement under section 337C(3) or 337G(4) for information to decide the application by giving the applicant a written notice stating— (a) the information required; and (b) the time by which the information must be given to the chief executive; and (c) that, if the information is not given to the chief executive by the stated time, the application will lapse. (3) The stated time must be reasonable and, in any case, at least 21 days after the requirement is made. (4) The chief executive may give the applicant a further notice extending, or further extending, the time if the chief executive is satisfied it would be reasonable in all the circumstances to give the extension. (5) A notice may be given under subsection (4), in relation to an application for an approval, even if the time to which it relates has lapsed. (6) If the applicant does not comply with the requirement within the stated time, or any extension of the time, the application lapses. 337M Grounds for cancellation The chief executive may cancel a person's approval if the chief executive believes on reasonable grounds— (a) the approval was granted in error or because of a materially false or fraudulent document, statement or representation; or (b) the person— (i) is not conducting the approved responsible service of gambling course in an appropriate way; or (ii) no longer has the necessary expertise to conduct the course. 337N Procedure for cancellation (1) If the chief executive proposes to cancel a person's approval, the chief executive must give the person a written notice stating the following— (a) the chief executive proposes to cancel the approval; (b) the grounds for the proposed cancellation; (c) the facts and circumstances that are the basis for the grounds; (d) that the person may make, within a stated period, written representations to show why the approval should not be cancelled. (2) The stated period must end at least 21 days after the person is given the notice. (3) If, after considering all written representations made within the stated period, the chief executive still believes a ground exists to cancel the approval, the chief executive may cancel the approval. (4) The chief executive must, as soon as practicable after making a decision under subsection (3), give the person an information notice for the decision. (5) The decision takes effect on— (a) the day the notice is given; or (b) if a later day is stated in the notice—the stated day. 338 Certain persons not to play gaming machines (1) A licensed repairer must not play gaming machines installed on licensed premises except to such extent as is necessary for the repairer to do so to alter, adjust, maintain, repair or test the gaming machines. Maximum penalty—200 penalty units. (2) A person who is a licensee or gaming employee must not play gaming machines installed on the licensed premises of which the person is the licensee, or for which the person is employed to carry out gaming duties as a gaming employee— (a) during the period the person is the licensee of, or a gaming employee for, the licensed premises, except to the extent it is necessary for carrying out duties as the licensee or a gaming employee; and (b) for 30 days after the person ceases to be the licensee of, or a gaming employee for, the licensed premises. Maximum penalty—40 penalty units. (3) A licensed key monitoring employee must not play gaming machines installed on licensed premises that are connected to an electronic monitoring system operated by the licensed monitoring operator for whom the employee is a licensed key monitoring employee. Maximum penalty—40 penalty units. (4) A former employee must not, for 30 days after becoming a former employee, play gaming machines installed on licensed premises that are connected to an electronic monitoring system operated by the licensed monitoring operator for whom the person was a licensed key monitoring employee when the person became a former employee. Maximum penalty—40 penalty units. (5) Where winnings become payable because of playing a machine as authorised by this section, those winnings remain the property of— (a) if the gaming machine is part of a multiple site linked jackpot arrangement for which a licensed monitoring operator has an approval for its operation under section 287—the licensed monitoring operator who has the approval; or (b) otherwise—the licensee. (5A) Subsection (5) applies to winnings whether the winnings are attributable to obtaining a winning result, promotions or something else. (6) In this section— former employee means a person who was a licensed key monitoring employee. 339 Restricted officials prohibited from playing gaming machines (1) The chief executive may direct an inspector or departmental officer not to play authorised gaming machines of a licensee. (2) A direction under subsection (1)— (a) must be given by written notice given to the inspector or departmental officer; and (b) may be given only if the chief executive considers it appropriate to give the direction in the public interest; and (c) may be given on conditions the chief executive considers appropriate. (3) A restricted official must not, except to the extent that is necessary for carrying out the official's functions as an inspector or departmental officer, play an authorised gaming machine of a licensee in contravention of a direction given to the official by the chief executive under this section. Maximum penalty for subsection (3)—40 penalty units. 340 Prohibition on control of applications by category 2 licensees A person must not have or gain— (a) control over, or the ability to control, an application or the content of an application by a category 2 licensee under part 3, whether or not the licensee makes an application under the part; or (b) the ability to interpose between a category 2 licensee and the chief executive in respect to an application made by the licensee under part 3; unless the person is the secretary, an executive officer or a member of the licensee carrying out the duties or exercising the normal rights that person has as such secretary, executive officer or member. Maximum penalty—200 penalty units. 341 Prohibition on control of gaming at category 2 licensed premises (1) A person who is not an approved person for category 2 licensed premises must not— (a) have, or gain, control over the conduct of gaming at the premises; or (b) have, or gain, the ability to control the conduct of gaming at the premises. Maximum penalty—200 penalty units. (2) For subsection (1), a person has or gains control over, or has or gains the ability to control, the conduct of gaming if the person— (a) has or gains the capacity to dominate, directly or indirectly, decision-making about policies for the conduct of the gaming; or (b) has or gains the capacity to enjoy the majority of the benefits, and to be exposed to the majority of the risks, associated with the conduct of the gaming. (3) In this section— approved person, for category 2 licensed premises, means the secretary, an executive officer, or a member, of the licensee of the premises performing functions or exercising powers or rights as the secretary, an executive officer or a member, of the licensee. 341A Restriction on membership of management committee or board (1) This section applies to each of the following persons— (a) a lessor of a category 2 licensee's licensed premises; (b) a person who is a creditor of a category 2 licensee; (c) a person who— (i) has entered into an agreement or an arrangement with a category 2 licensee about the management of the licensee's business or operations; or (ii) is responsible for the day to day management of the operation of a category 2 licensee's licensed premises; (d) a person who is an associate of a person mentioned in paragraph (a), (b) or (c). (2) The person must not hold office as a member of the category 2 licensee's management committee or board, unless— (a) the person is nominated or otherwise chosen as a member of the licensee's management committee or board, under the category 2 licensee's relevant rules, by a related entity of the licensee; or (b) the chief executive authorises the person to be a member of the management committee or board. Maximum penalty—200 penalty units. (3) The chief executive must not authorise the person to be a member of the category 2 licensee's management committee or board unless— (a) the licensee asks the chief executive to give the authorisation; and (b) the chief executive considers it is in the best interests of the licensee to give the authorisation. (4) The chief executive must, as soon as practicable after giving an authorisation for subsection (2)(b), give and maintain notice of the authorisation on the department's website. Editor's note— The Queensland Office of Liquor and Gaming Regulation website address is olgr.qld.gov.au>. (5) In this section— related entity, of a category 2 licensee, means a voluntary association of persons from which the licensee was formed. relevant rules, of a category 2 licensee, means the memorandum and articles of association, rules, constitution or other incorporating documents of the licensee. 342 Restriction on certain agreements (1) A licensee or any other person must not enter into, or be a party to, any lease, agreement or arrangement for a person to lease, let, lend or otherwise provide any property or thing or to furnish any service to the licensee in return for any direct or indirect interest in or percentage or share of— (a) the amount bet for the purpose of gaming; or (b) moneys, revenues, profits or earnings from the conduct of gaming; on the licensee's licensed premises. Maximum penalty—200 penalty units. (2) If a licensee or any other person, before the issue of the licensee's gaming machine licence has entered into or has in any way become a party to any lease, agreement or arrangement referred to in subsection (1), the lease, agreement or arrangement on and from the issue of the gaming machine licence, to the extent that it contravenes or is inconsistent with subsection (1), is void. (3) No right of action arises against any person because of the operation of subsection (2). (4) The commission, where the commission is of the opinion that it is in the public interest to do so, may exempt in writing any lease, agreement or arrangement referred to in subsection (1) and subject such exemption to such conditions as the commission considers appropriate. (5) Any exemption under subsection (4) may, at any time, be revoked by the commission. (6) This section does not apply to an agreement entered into between a licensee and a licensed monitoring operator for electronically monitoring the licensee's gaming machines in conjunction with the supply of services relating to the installation or operation of a linked jackpot arrangement on the licensee's licensed premises. 343 Exemption of devices etc. (1) The chief executive may declare that anything is not a gaming machine or a device capable of being represented as being a gaming machine for the purposes of this Act. (2) The chief executive may declare that anything is not a restricted component for the purposes of this Act. (3) Any declaration under this section may, at any time, be revoked by the chief executive. 344 Approvals and authorities under this Act (1) Where this Act provides that any act or thing must not be done except with, or may be done with, the approval or authorisation of the Minister, commission or chief executive, that approval or authorisation may be granted by the Minister, commission or chief executive by instrument in writing. (2) A person referred to in subsection (1) may in respect of any approval or authorisation by the person— (a) subject such approval or authorisation to conditions; and (b) at any time— (i) subject the approval or authorisation to further conditions; and (ii) vary the conditions or further conditions; and (iii) withdraw such approval or authorisation; if the person considers it necessary or appropriate in the public interest or for the proper conduct of gaming. (3) Without derogating from section 287(5), a person must not fail to comply with any condition to which an approval or authorisation is subject. Maximum penalty—200 penalty units. (4) A person must not— (a) modify anything subject to an approval or authorisation from; or (b) fail to maintain anything subject to an approval or authorisation in; the form, state or condition in which it was approved or authorised except in order to comply with conditions to which the approval or authorisation is subject. Maximum penalty for subsection (4)—200 penalty units. 345 Signatories to approvals and written requirements etc. of the commission An approval or authorisation or any written requirement, notification, direction, exemption or order by the commission is to be signed by the chairperson and 2 other commissioners. 346 Bribery of gaming officials (1) Any gaming official who corruptly asks for, receives, or obtains or agrees to receive or obtain any money, property or benefit of any kind for the official or any other person— (a) so that the official will forego or neglect functions under this Act or in order to influence the official in the performance of functions under this Act; or (b) because of anything already done or omitted to be done or to be afterwards done or omitted to be done by the official in the performance of functions under this Act; or (c) for the official to use or take advantage of the official's position improperly to gain any benefit or advantage for or facilitate the commission of an offence against this Act by another person; commits an offence against this Act. Maximum penalty—400 penalty units or 2 years imprisonment. (2) Any person who corruptly gives, confers or procures or promises or offers to give, confer or procure to, upon or for any gaming official or any other person any money, property or benefit of any kind— (a) so that the official will forego or neglect functions under this Act or in order to influence the official in the performance of functions under this Act; or (b) because of anything already done or omitted to be done or to be afterwards done or omitted to be done by the official in the performance of functions under this Act; or (c) for the official to use or take advantage of the official's position improperly to gain any benefit or advantage for or facilitate the commission of an offence against this Act by the first person or any other person; commits an offence against this Act. Maximum penalty—400 penalty units or 2 years imprisonment. (3) In this section— gaming official means— (a) a commissioner; or (b) a departmental officer; or (c) an inspector. 347 Financial connections and interests of restricted officials (1) A restricted official— (a) must not knowingly have, directly or indirectly— (i) any business or financial connection with; or (ii) any business or financial interest in any matter in conjunction with; a holder of a licence under this Act; or (b) must not— (i) be; or (ii) be an employee in any capacity of; or (iii) hold the position of executive officer or secretary of a body corporate which is; a holder of a licence under this Act. Maximum penalty—200 penalty units or 1 year's imprisonment. (2) A person who was a restricted official must not, for 1 year after ceasing to be a restricted official, without the chief executive's approval— (a) accept or solicit employment from a holder of a licence under this Act; or (b) be an employee in any capacity of a holder of a licence under this Act; or (c) knowingly have, directly or indirectly— (i) a business or financial association with a holder of a licence under this Act; or (ii) a business or financial interest in something together with a holder of a licence under this Act. Maximum penalty—200 penalty units. (3) A holder of a licence under this Act— (a) must not knowingly have, directly or indirectly— (i) any business or financial connection with; or (ii) any business or financial interest in any matter in conjunction with; a restricted official; or (b) must not employ in any capacity a restricted official; or (c) must not, without the approval of the chief executive, employ in any capacity or have a business or financial connection with a person who was a restricted official within a period of 1 year after that person ceases to be a restricted official. Maximum penalty—200 penalty units or 1 year's imprisonment. (4) A restricted official who has directly or indirectly— (a) any business or financial connection with; or (b) any business or financial interest in any matter in conjunction with; a person who becomes a holder of a licence under this Act or an applicant for a licence under this Act must, immediately upon becoming aware that the person has so become licensed or an applicant— (c) notify the chief executive of such connection or interest; and (d) if directed by the chief executive, terminate the connection or relinquish the interest within a time specified by the chief executive. Maximum penalty—200 penalty units or 1 year's imprisonment. (5) This section does not apply so as to prohibit a restricted official— (a) from being a financial member of a category 2 licensee, or having another financial connection with a category 2 licensee of a kind that members of the licensee generally have; or (b) from having any business or financial connection (being a connection that is not related to the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, adjustment, maintenance, repair or testing of gaming equipment) with a holder of a licence under this Act such as is generally had by members of the public. (6) A restricted official must, immediately after applying for membership of a category 2 licensee, or of a club that is an applicant for a gaming machine licence, notify the chief executive of the making of the application. (7) In subsections (4), (5) and (6)— restricted official includes a person who has ceased to be a restricted official if less than 1 year has elapsed since the person ceased to be a restricted official. 348 Reporting of accounting discrepancies and criminal activity (1) A licensee or gaming employee who becomes aware or suspects that a person by fraud, misrepresentation or theft has obtained a benefit for the person or another person in relation to gaming or the conduct of gaming must, within 3 days of so becoming aware or suspecting, advise the chief executive in writing of all facts known to the licensee or gaming employee in relation to the fraud, misrepresentation or theft. (2) A person who— (a) terminates the employment or otherwise prejudices the career of; or (b) prejudices the safety of; or (c) intimidates or harasses; any licensee, gaming employee or other person because the licensee or gaming employee has advised, or may advise, the chief executive under subsection (1) commits an offence against this Act. Maximum penalty—200 penalty units or 1 year's imprisonment. 349 Cheating (1) A person must not dishonestly— (a) by a scheme or practice; or (b) by the use of gaming equipment; or (c) by the use of an instrument or article of a type used in connection with gaming, or appearing to be of a type used in connection with gaming, or of any other thing; in relation to gaming or the conduct of gaming, induce a licensee, or a person acting on behalf of the licensee, to deliver, give or credit to the person or another person, any money, gaming tokens, gaming machine credits, benefit, advantage, valuable consideration or security. (2) A licensee must not dishonestly— (a) by a scheme or practice; or (b) by the use of gaming equipment; or (c) by the use of an instrument or article of a type used in connection with gaming, or appearing to be of a type used in connection with gaming, or of any other thing; in relation to gaming or the conduct of gaming, induce a person to deliver, give or credit to the licensee or another person, any money, gaming tokens, gaming machine credits, benefit, advantage, valuable consideration or security. (3) In subsection (2)— licensee includes— (a) a gaming employee or a person who supervises gaming or attends to gaming machines on behalf of a licensee; and (b) a person employed by a licensee to sell or redeem gaming tokens or carry out centralised credit transactions on behalf of the licensee. (4) A person must not dishonestly cause gaming equipment to deliver, give or credit to the person or another person any gaming tokens, gaming machine credits, benefit, advantage, valuable consideration or security. (5) A person must not, for the purpose of cheating or stealing in relation to gaming or the conduct of gaming, use, or be in possession of— (a) any gaming tokens that the person knows are bogus or counterfeit; or (b) anything that permits or facilitates cheating or stealing. Maximum penalty—1000 penalty units or 5 years imprisonment. 350 Forgery and like offences A person who— (a) forges or counterfeits any gaming token, licence, identification card or other form of identification authorised to be issued under this Act; or (b) knowingly utters any such gaming token, licence, identification card or other form of identification so forged or counterfeited; or (c) personates any person named in any such licence, identification card or other form of identification; or (d) falsely represents that the person is an inspector or departmental officer; or (e) connives at any such forging, counterfeiting, uttering, personating or representing as referred to in this section; or (f) provides or submits information or material knowing it to be false, erroneous or misleading in a material particular in, or in relation to, any application, response to a requirement, submission, advice, notification, answer to a notice, statement, affidavit, or report on the testing of gaming equipment made under this Act; commits an offence against this Act. Maximum penalty—400 penalty units or 2 years imprisonment. 351 Liability for offences by servants, agents or employees (1) Where a person commits an offence against this Act as servant, agent or employee, then, without derogating from the Criminal Code, section 7, the employer of that person is, subject to subsection (2), taken— (a) to have committed the offence; and (b) to be criminally responsible for the act or omission that constitutes the offence; and, despite the Criminal Code, section 23, or any other rule of law or practice, may be charged with the offence and punished accordingly. (2) It is a defence to a prosecution for an offence against an employer referred to in subsection (1) to prove that the offence was committed without the employer's consent or connivance and that the employer exercised due diligence to prevent the commission of the offence. (3) In proceedings for an offence against this Act alleged to have been committed by a defendant as servant, agent or employee, the court must not convict the defendant if the evidence establishes that— (a) the offence was committed while the business of the defendant's employer was being conducted under the personal supervision of the employer or any manager or any other representative of the employer; and (b) the reason that the defendant committed the offence was that the dependant had been compelled to do so by the employer, manager or representative. (4) Except as provided by subsection (2), this section applies so as not to prejudice liability imposed by or under this Act on any person by whom an offence against this Act is actually committed. 352 Liability for offence by body corporate (1) Where a body corporate commits an offence against this Act, then, without derogating from the Criminal Code, section 7— (a) the person who, at the time the offence is committed, is secretary or an executive officer of the body corporate; and (b) every person who, at the time the offence is committed, manages or acts or takes part in the management, administration or government of the business of the body corporate in Queensland; is, subject to subsection (3), taken— (c) to have committed the offence; and (d) to be criminally responsible for the act or omission that constitutes the offence; and, despite the Criminal Code, section 23, or any other rule of law or practice, may be charged with the offence and punished accordingly. (2) This section applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it. (3) It is a defence to a prosecution for an offence against this Act brought against a person specified in subsection (1)(a) or (b) to prove that the offence was committed without that person's consent or connivance and that the person exercised due diligence to prevent the commission of the offence. 353 Claims of privilege in proceedings for offences (1) In proceedings for an offence against this Act, a prosecutor or a witness for the prosecution must not be compelled to disclose information, or produce any document containing the information, where the information may be subject to a genuine claim of privilege under any Act or law. (2) Except as provided in subsection (1), in proceedings for an offence against this Act a prosecutor or a witness for the prosecution, on application by or on behalf of the defendant, may be compelled to disclose to the court information relevant to the proceedings or produce any document containing information relevant to the proceedings. (3) The court in the interests of justice, having regard to all the circumstances of the proceedings, must determine if the information is to be disclosed, or the document produced, to the defendant or the defendant's legal representative. 354 Protection of officers etc. No liability is incurred by the Crown, the Minister, the commission, a commissioner, the chief executive, the commissioner of the police service, any inspector, any departmental officer, or any police officer or other person acting under this Act in aid of an inspector, on account of anything done for the purposes of this Act. 355 Attempt to commit offence (1) A person must not attempt to commit an offence against this Act. (2) A person convicted of the offence of attempting to commit an offence against this Act is liable to the same penalty as an offender convicted of the offence itself unless the person proves that the person desisted of the person's own initiative from the further prosecution of the person's intention, without its fulfilment being prevented by circumstances independent of the person's will, in which case the person is liable to one-half of the penalty to which the person would otherwise be liable. (3) A person may be convicted of attempting to commit an offence against this Act upon a complaint charging the person with that offence. 356 Proceedings for offences (1) Subject to subsections (3) to (6), offences against this Act may be prosecuted in a summary way under the Justices Act 1886. (2) A prosecution for an offence against this Act may be started within 1 year from the time when the matter of complaint arose or, if the proceedings are instituted by— (a) the chief executive, or a person authorised by the chief executive—within 6 months after the matter of complaint comes to the knowledge of the chief executive; or (b) a person authorised by the commission—within 6 months after the matter of complaint comes to the knowledge of the commission; whichever is the period later to expire. (3) A serious offence may be prosecuted in a summary way under the Justices Act 1886 or upon indictment. (4) Where proceedings for a serious offence are taken with a view to summary conviction of the defendant, the court, if it forms the opinion that the matter should not be determined summarily or if the defendant requires that the matter be dealt with upon indictment, must abstain from determining the matter summarily. (5) Instead of dealing with the proceedings as proceedings with a view to the committal of the defendant for trial or sentence the court may exercise in respect of the defendant for the purpose of such proceedings all the powers conferred on it by law as though the proceedings were proceedings with a view to committal in the first instance. (6) Where the court abstains from determining a matter summarily under subsection (4), a plea of the defendant, if taken at the outset of the summary proceedings, is to be disregarded and, before committing the defendant for trial or for sentence, the court must address the defendant under the Justices Act 1886, section 104. (7) A conviction upon indictment for a serious offence is, and has effect in law as, a conviction for an indictable offence. (8) In this section— serious offence means an offence against section 102, 227(1), 265(1) or (5), 267(3), 268(2), 271(2), 286(1) or (2), 287(8), 290(1) or (2), 291(1), (3) or (4), 292(1), 294(1) or (3), 325, 346, 349 or 350. 357 Starting proceedings Without limiting the way in which a proceeding for an offence against this Act may be started, a proceeding for an offence may be started by the chief executive or another person authorised by the commission or chief executive to start the proceeding in a particular case. 358 Warrant and arrest of person offending against Act Upon complaint on oath made before any justice by any person authorised in writing by the chief executive in that behalf that the person believes on reasonable grounds that an offence against this Act has been committed, the justice, if the justice believes on reasonable grounds that proceedings by summons would not be effective, may by warrant under the justice's hand directed to any police officer order the person named in the warrant to be arrested and brought as soon as possible before a court to be dealt with according to law. 359 Forfeiture on order of court (1) On the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of— (a) anything used to commit the offence; or (b) anything else the subject of the offence. (2) The court may make the order— (a) whether or not the thing has been seized; and (b) if the thing has been seized—whether or not the thing has been returned to its owner. (3) If a person charged with an offence against this Act is not convicted of any offence, the court may order the forfeiture to the State of anything that— (a) was found in the possession or under the control of the person; and (b) was seized under section 329(1)(f) or (3)(c); and (c) was not returned to the person under section 332. (4) The court may make any order to enforce a forfeiture under this section it considers appropriate. (5) This section does not limit the court's powers under the Penalties and Sentences Act 1992 or another law. 360 Service of notices, documents etc. (1) Any written advice, direction, order, requirement, requisition, notice, authorisation, notification or any other document (document) under this Act is taken to have been given or issued to or served upon a person if— (a) it is served personally on the person to whom it is directed or on a person authorised by that person, either generally or in a particular case, to accept service of anything on that person's behalf; or (b) it is left at the place of residence or business of the person to whom it is directed last known to the person who gives, issues or serves it; or (c) it is sent by post or facsimile transmission to the place of residence or business of the person to whom it is directed last known to the person who gives, issues or serves it; or (d) where a way of service is prescribed by any other Act or law in relation to a person or class of person—it is served in the way so prescribed. (2) Where any document is given, issued or served, the person who gives, issues or serves it may attend before a justice and depose on oath and in writing endorsed on a copy of the document as to the way of giving, issue or service of the document showing the date of personal service, leaving, posting, transmission or service in other way specified in subsection (1) of such document. (3) Every such deposition upon production in court is evidence of the matters contained in the deposition and in the absence of evidence to the contrary is conclusive evidence of the giving, issuing or serving of such document to or on the person to whom it is directed. 361 Evidentiary provisions In proceedings under this Act— (a) it is not necessary to prove the appointment of the Minister, the chairperson, a commissioner, the chief executive, any police officer, any inspector or any departmental officer; and (b) a signature purporting to be that of any person in any capacity referred to in paragraph (a) is taken to be the signature it purports to be until the contrary is proved; and (c) a document or writing purporting to be a copy of any document referred to in section 360(1) or of any licence granted or issued under this Act is evidence of the document of which it purports to be a copy; and (d) a certificate purporting to be signed by the chief executive stating that at a stated time, or during a stated period, a licence, approval, authorisation or exemption was, or was not, in force under this Act is evidence of the matter stated. 362 Disclosure of criminal history A person who— (a) is the subject of an inquiry under section 18(7) or an investigation under section 49; or (b) is an applicant for a licence under part 3 or 5; or (c) is the secretary or an executive officer of a body corporate that is an applicant for a licence under part 3, 4 or 5; or (d) is required to submit information or material, or additional information or material, under section 49(4), 57(2), 58(1), 93(2), 200(2), 201(2) or 213(1); must, if so required for the purposes of this Act, disclose the person's criminal history. Maximum penalty—200 penalty units. 363 Refund of amounts in certain circumstances The chief executive may— (a) refund amounts paid to the chief executive in error; and (b) refund a fee paid relative to an application under this Act where— (i) in the opinion of the chief executive no substantial expense has been incurred by the chief executive in regard to such application; and (ii) the applicant, or other person acceptable to the chief executive, makes a written request for the application not to proceed. 364 Approval of forms The chief executive may approve forms for use under this Act. 365 Alternatives to forms (1) The chief executive may instead of requiring any report to be made in the approved form, approve the submission of information the subject of the report by any other method or medium of storage considered appropriate by the chief executive. (2) Where under subsection (1) the chief executive approves the submission of information by an alternative method or medium of storage, the submission of information by the alternative method or medium has the same effect as if it had been made in the approved form. 366 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be about the following— (a) arrangements and procedures for the taking of fingerprints of an individual who is an applicant for a gaming machine, service contractor's, repairer's, gaming nominee's, gaming employee's or key monitoring employee's licence; (b) the activities of holders of licences under this Act; (c) the control of the premises of licensed repairers or licensed service contractors; (d) security procedures for the manufacture, assembly, storage, handling, transport, consignment and receipt of gaming equipment and restricted components; (e) the form and way of applications for approval of premises used in connection with the manufacture, assembly, storage or handling of gaming machines or restricted components; (f) the restrictions or entitlements which apply to different categories of licensed premises; (g) dividing the State into regions for the purpose of allocating or selling operating authorities; (h) any matter or thing in relation to the administration of this Act in respect of which a fee is payable and prescribing the amount of such fee; (i) prescribing, where not provided in this Act, when a fee may be payable for any service or act carried out or undertaken and the amount of such fee; (j) matters to enable the proper conduct of gaming; (k) establishing a float for use in financial transactions relating to gaming and the conduct of gaming, and maintaining and using the float; (l) provision of signs and notices in licensed premises; (m) the control of advertising or promotions by any licensee, licensed major dealer or other person in relation to gaming machines, gaming and the conduct of gaming; (n) applications and fees with respect to the approval of electronic monitoring and centralised credit systems; (o) the keeping of accounts with financial institutions by licensees; (p) supplying gaming equipment; (q) identification of gaming employees and licensed gaming nominees; (r) the conduct and proceedings of meetings of the commission; (s) the maximum denomination of currency that may be inserted in a note acceptor on licensed premises. (3) A regulation may impose a penalty of no more than 20 penalty units for contravention of a regulation. 368 Chief executive to supply gaming machines etc. until there is a licensed operator (1) This section applies only until a person becomes the holder of an operator's licence. (2) Subject to subsections (4) and (5) and section 86, the chief executive must supply to a licensee the number or increased number of gaming machines decided under section 57(12) or 81(5) as in force at the commencement of this section. (3) The gaming machine type, game, gaming token denomination and betting unit of a gaming machine supplied under subsection (2) are to be as the chief executive decides. (4) If at any time a sufficient number of gaming machines is not available to enable the chief executive to comply with subsection (2), the chief executive may supply to a licensee a number less than the number decided. (5) The chief executive must supply the balance of the gaming machines as soon as possible after a sufficient number of gaming machines becomes available. 369 Gaming machine tax for June 1997 To remove any doubt, it is declared that any monthly rental fees, gaming machine tax and gaming machine community benefit levies that would have been payable for the month of June 1997 if the Gaming Machine Amendment Act 1997 had not commenced together with any penalties payable in relation to the late payment of the fees, tax or levies are payable as if the Gaming Machine Amendment Act 1997 had not commenced. 370 Recovery of certain amounts outstanding at 30 June 1997 (1) Section 324, as in force immediately before the Gaming Machine Amendment Act 1997 commenced, applies to monthly rental fees, gaming machine tax and levies payable for a period before 1 July 1997 and remaining unpaid after 30 June 1997. (2) Also, section 324, as in force immediately before the Gaming Machine Amendment Act 1997 commenced, applies to a penalty payable in relation to a fee, tax or levy mentioned in subsection (1). 371 Payment of certain amounts received after 30 June 1997 Despite section 322— (a) any money received after 30 June 1997 for monthly rental fees, gaming machine tax or levies payable before 1 June 1997, together with any penalties payable in relation to the late payment of the fees, tax or levies, is to be taken to be gaming machine tax and must be paid into the consolidated fund; and (b) any money received after 31 July 1997 for monthly rental fees, gaming machine tax or levies payable for the month of June 1997, together with any penalties payable in relation to the late payment of the fees, tax or levies, is to be taken to be gaming machine tax and must be paid into the consolidated fund. 372 Inspectors and officers of the division To remove any doubt, it is declared that a person who was an inspector or an officer of the division under this Act immediately before the commencement of the Gaming Machine Amendment Act 1997, is taken to be an inspector or officer of the division appointed under this Act after the commencement. 373 Definitions In this division— application period means the period of 2 months starting on the commencement day. commencement day means the day on which the provision in which the term is used commences. existing control system, for an existing operator, means the system of internal controls and administrative and accounting procedures used, immediately before the commencement day, by the operator for the operator's monitoring operations. existing operator means a person who— (a) immediately before the commencement day was a licensed operator; and (b) on the commencement day is a licensed operator. part 4 licence means any of the following licences— • repairer's licence • service contractor's licence • gaming employee's licence • key monitoring employee's licence. submission period means the period of 1 month starting on the commencement day. unresolved nominee's application, for a licensee's licensed premises, means an application for a gaming nominee's licence that— (a) is made (whether under section 196 or 198) in the application period; and (b) is made by a person who, for the application, is nominated by the licensee to be the licensee's nominee for the premises; and (c) is not decided before the end of the application period. 374 Term of gaming machine licences (1) Section 72, as amended by the Gaming Machine and Other Legislation Amendment Act 1999, applies only to a gaming machine licence issued on or after the commencement day. (2) Section 72, as in force immediately before the commencement day, continues to apply to a gaming machine licence issued before, and in force on, the commencement day. 375 Approved control systems for existing operators An existing operator's existing control system is, with any necessary modifications, taken to be the operator's approved control system until— (a) if paragraph (b) does not apply—the end of the submission period; or (b) if, during the submission period, the existing operator makes a control system submission to the chief executive—the chief executive makes a decision under section 166 approving, or refusing to approve, the control system to which the submission relates. 376 Nominees of licensees Section 195 does not apply to a licensee for licensed premises of the licensee— (a) until the end of the application period; or (b) if, at the end of the application period, there is an unresolved nominee's application for the premises—until the application is decided. 377 Application for gaming nominees' licences (1) This section applies if, in the application period, an application for a gaming nominee's licence is made by a licensed gaming employee under section 196. (2) The application is taken to be accompanied by the prescribed fee for the application if it is accompanied by a fee for an amount equal to the prescribed fee less the discount amount. (3) In this section— discount amount means the amount calculated using the formula— [../images/GamingMachA91-5.gif] where— M means the number of whole months remaining in the unexpired period of the applicant's gaming employee's licence; PF means the prescribed fee. 378 Applications for machine managers' licences (1) This section applies if an application for a machine manager's licence was made, but not decided or withdrawn, before the commencement day. (2) The application is taken to be an application for a gaming employee's licence. 379 Machine managers' licences A machine manager's licence in force immediately before the commencement day is taken to be a gaming employee's licence until— (a) the term for which the licence was issued, or renewed or last renewed, expires; or (b) the licence otherwise ceases to be in force. 380 Licensed machine managers A person who, immediately before the commencement day, was a licensed machine manager is taken to be a licensed gaming employee until— (a) the term for which the person's licence was issued, or renewed or last renewed, expires; or (b) the person's licence otherwise ceases to be in force. 381 Term of part 5 licences (1) Section 204, as amended by the Gaming Machine and Other Legislation Amendment Act 1999, applies only to a part 5 licence issued on or after the commencement day. (2) Section 204, as in force immediately before the commencement day, continues to apply to a part 5 licence issued before, and in force on, the commencement day. 382 Continuation of certain agreements for stated period (1) This section applies despite the amendment of section 342(6) by the Gaming Machine and Other Legislation Amendment Act 1999, section 113 (the amending provision). (2) Section 342(6), as in force immediately before the commencement of the amending provision, continues to apply to an agreement of a kind mentioned in the subsection if— (a) the agreement was entered into before 20 November 1998; and (b) the person with whom the licensed operator entered into the agreement is, and, at the time the agreement was entered into, was, a licensee; and (c) the premises to which the agreement relates are, and, at the time the agreement was entered into, were, licensed premises of the licensee. (3) However, subsection (2) applies only for— (a) if the agreement's initial term is not longer than 5 years—the agreement's initial term; or (b) if the agreement's initial term is longer than 5 years—the period of 5 years starting on the day the agreement's initial term started. (4) Also, subsection (2) applies to the agreement only for the licensed premises to which the agreement related at the time the agreement was entered into. 383 Definitions In this division— commencement day means the day on which the provision in which the term is used commences. listed manufacturer means a person who, immediately before the commencement day, was listed on the roll of recognised manufacturers and suppliers of gaming machines maintained under section 130 as in force immediately before the commencement day. listed supplier means a person who, immediately before the commencement day, was listed on the roll of recognised suppliers of restricted components maintained under section 130 as in force immediately before the commencement day. 385 Existing inspectors A person who, immediately before the commencement day, was an inspector continues as an inspector on and from the commencement day. 386 Existing additional employees (1) This section applies to a person who, immediately before the commencement day, was a person to whom section 40 applied. (2) From the commencement day— (a) the person continues to be employed under this Act; and (b) the terms that apply to the person for the person's employment are the same terms that applied to the person immediately before the commencement day. 387 Certain listed manufacturers taken to be licensed major dealers (1) This section applies to a listed manufacturer if— (a) before the commencement day, the chief executive approved a gaming machine type or game under section 281 submitted to the chief executive for evaluation by the listed manufacturer; and (b) the approval was in force immediately before the commencement day. (2) On the commencement day, the listed manufacturer is taken to be a licensed major dealer. (3) On, or as soon as practicable after the commencement day, the chief executive must issue a major dealer's licence to the listed manufacturer. 388 Listed suppliers taken to be licensed secondary dealers (1) On the commencement day, a listed supplier is taken to be a licensed secondary dealer. (2) On, or as soon as practicable after the commencement day, the chief executive must issue a secondary dealer's licence to a listed supplier. 390 Continuation of directions prohibiting the playing of gaming machines A direction given to a person under section 339 before the commencement of this section and in force immediately before the commencement continues to have effect in relation to the person, after the commencement, as if the direction were given to the person under section 339 as in force immediately after the commencement. 391 Consideration of social and community issues for existing applications Applications for gaming machine licences for which section 55(2) has effect include applications made before the commencement of the subsection that, at the commencement, are still to be decided by the commission. 392 Certain gaming machine licences to lapse (1) This section applies to a gaming machine licence granted before 13 December 1999. (2) If the licensee under a gaming machine licence to which this section applies has not started to conduct gaming on the licensed premises by the relevant date, the gaming machine licence lapses. (3) If the licensee under a gaming machine licence to which this section applies has started to conduct gaming on the licensed premises by the relevant date but the full number of gaming machines approved for the licensed premises have not been installed, the number of gaming machines approved for the licensed premises is (subject to an increase or decrease on application under this Act) taken to be the number installed on that date. (4) The commission may fix a date falling after 13 December 2000 as the relevant date for particular licensed premises if— (a) the licensee— (i) applies in writing to the commission before 13 December 2000 for deferment of the relevant date; and (ii) provides the commission with information and materials for which it reasonably asks to help it decide the application; and (b) the commission is, after considering the application and any supporting information and materials, satisfied there is good reason to allow a deferment of the date for the licensed premises. Example of good reasons to allow a deferment— The commission might consider the fact that licensed premises are under construction and the construction work is substantially complete or has been delayed for reasons outside the licensee's control are good reasons for deferment of the relevant date. (5) The commission may grant a deferment of the relevant date on conditions the commission considers appropriate and, if a condition is not complied with, the deferment does not operate beyond the date of the noncompliance. (6) In this section— relevant date means— (a) 13 December 2000; or (b) for premises for which the commission has fixed a later date under subsection (4)—the date fixed by the commission or an earlier date on which the deferment ceases to operate under subsection (5). 393 Certain approvals to lapse (1) This section applies to an approval given by the commission before 28 July 1999 for an increase in the number of gaming machines installed on licensed premises. (2) If, by the relevant date, no additional gaming machines have been installed under an approval to which this section applies, the approval lapses. (3) If, by the relevant date, some but not all the additional gaming machines approved under an approval to which this section applies have been installed, the approval is taken to be an approval for an increase in the number of gaming machines to the number installed by that date and to authorise the installation of no further gaming machines. (4) The commission may fix a date falling after 13 December 2000 as the relevant date for particular licensed premises if— (a) the licensee— (i) applies in writing to the commission before 13 December 2000 for deferment of the relevant date; and (ii) provides the commission with information and materials for which it reasonably asks to help it decide the application; and (b) the commission is, after considering the application and any supporting information and materials, satisfied there is good reason to allow a deferment of the date for the licensed premises. Example of good reasons to allow a deferment— The commission might consider the fact that licensed premises are subject to major renovations or a major extension and the work is substantially complete or has been delayed for reasons outside the licensee's control are good reasons for deferment of the relevant date. (5) The commission may grant a deferment of the relevant date on conditions the commission considers appropriate and, if a condition is not complied with, the deferment does not operate beyond the date of the noncompliance. (6) In this section— relevant date means— (a) 13 December 2000; or (b) for premises for which the commission has fixed a later date under subsection (4)—the date fixed by the commission or an earlier date on which the deferment ceases to operate under subsection (5). 394 Hours of gaming for existing licences (1) This section applies to a gaming machine licence granted before 1 December 2000. (2) It is to be presumed that, on 1 December 2000, hours of gaming were fixed for the licensed premises to which the licence relates that are the same as the hours during which liquor is permitted, under the liquor licence relating to the premises, to be consumed in the licensed premises. 395 Closure of charities and rehabilitation benefit fund (1) On the commencement, the charities and rehabilitation benefit fund is closed. (2) On the closure of the fund, it ceases to exist and all public moneys standing to the credit of the fund immediately before the commencement are controlled receipts of the families department. (3) Despite the closure of the fund, entries may be made in the accounts for the fund for transactions completed before the commencement. (4) In this section— commencement means the commencement of this section. controlled receipt see Financial Administration and Audit Act 1977, section 4 (2). families department means the department within which the fund was administered immediately before the commencement. public moneys see Financial Administration and Audit Act 1977, schedule 3. 396 Saving of appointments of members of Gaming Machine Community Benefit Committee (1) This section applies to the gaming machine community benefit committee established immediately before the commencement of this section (the previous committee). (2) The previous committee continues in existence as the gambling community benefit committee (the new committee) and each member of the previous committee is taken to properly hold office as a member of the new committee. (3) Subject to the Act, the term of the person's appointment is the balance of the term for which the person held office immediately before the commencement. 397 Applications of significant community impact (1) Subject to this section, sections 55B to 55E do not apply to a relevant application. (2) However, the chief executive may, by written notice given to the applicant, require the applicant to give the chief executive a community impact statement and a statement of responsible gambling initiatives within the reasonable time, not less than 30 days, stated in the notice. (3) If the applicant is required to give a community impact statement and a statement of responsible gambling initiatives, section 55B(2) to (5) applies to the statements and the preparation of the statements. (4) If the applicant does not comply with the notice, the applicant is taken to have withdrawn the relevant application. (5) Subsection (6) applies if a member of the public, individually or as a member of a group, has commented or comments on the relevant application, by writing, given to the chief executive before the commission decides the application. (6) The comments are taken to be relevant community comments on the application. (7) However, the commission may disregard comments on subjects that lie beyond a scope indicated in a relevant guideline issued by the commission under section 17. (8) In this section— member of the public see section 55D(4). relevant application means an application of a type mentioned in section 55A(1) that was made, but not decided, before the commencement of this section. 398 Application of guidelines to existing applications (1) This section applies to any of the following applications made, but not decided, before the commencement of this section— (a) an application for a gaming machine licence; (b) an application for additional licensed premises; (c) an application to have the approved number of gaming machines for licensed premises increased. (2) To remove doubt, it is declared that a guideline issued by the commission under section 17 applies to an application mentioned in subsection (1) in the same way it would if the application were made after the commencement. 399 Transitional provision for applications relating to gaming machine licences (1) This section applies to each of the following applications (each of which is a relevant application)— (a) an application under section 56 for proposed Liquor Act premises or for Liquor Act premises, that is received by the chief executive before midday on 8 May 2001; (b) an application under section 81 made by a category 1 licensee, that is received by the chief executive before midday on 8 May 2001; (c) an application under section 56, that is received by the chief executive at or after midday on 8 May 2001 and before or at 5p.m. on 29 June 2001, if— (i) the applicant had applied under the Liquor Act 1992 for a general liquor licence and the application for the general liquor licence was received by the liquor licensing authority before midday on 8 May 2001; and (ii) at midday on 8 May 2001, the liquor licensing authority had not finished dealing with the application by issuing a general liquor licence for the premises. (2) Subsection (3) applies to a relevant application if— (a) it is a relevant application mentioned in subsection (1)(a) that was made by a subsidiary operator relating to special facility premises; and (b) the applicant altered the relevant application before 5p.m. on 29 June 2001; and (c) the alteration changed the premises stated in the relevant application to other premises; and (d) when the alteration was made, the chief executive was satisfied, on reasonable grounds, that the other premises were, or would be, relevant to a special facility liquor licence and the applicant would be the subsidiary operator of the other premises. (3) The alteration to the relevant application is authorised to the extent it changed the premises, and the application continues to be a relevant application despite that alteration. (4) Subject to subsection (5), subsection (3) does not limit the way in which an application for a gaming machine licence may be dealt with under this Act. (5) A relevant application must not have been amended, and may not be amended, to increase the number of gaming machines stated in the relevant application. (6) If the commission has not made a decision about a relevant application by 31 December 2001, the relevant application lapses at the end of that day unless the commission fixes a date under subsection (7) for it to lapse. (7) Before 31 December 2001, the commission may fix a date after 31 December 2001 as the date for a relevant application to lapse if— (a) the chief executive receives an application for deferment of the lapsing of the relevant application before or at 5p.m. on 30 November 2001; and (b) the commission is, after considering the application for deferment, satisfied there are exceptional circumstances for a deferment of the lapsing of the relevant application; and (c) the date fixed is no later than 30 June 2002. (8) If the commission fixes a date under subsection (7) as the date for a relevant application to lapse and the commission has not made a decision about the relevant application immediately before the end of that day, the relevant application lapses at the end of that day. (9) An applicant for deferment must include as part of the application all supporting information and material the applicant considers relevant to establish the exceptional circumstances for the deferment. (10) In this section— Liquor Act premises means premises specified in a general liquor licence, on- premises licence or a special facility licence under the Liquor Act 1992 as licensed premises under that Act. proposed Liquor Act premises means premises in relation to which there is an application to the liquor licensing authority for a general liquor licence, on- premises licence or special facility licence and for which a licence has not been issued under the Liquor Act 1992. 400 What happens to an application if made after 8 May 2001 (1) This section applies to an application under section 56 or 81 that could not be made under this Act after the commencement of the Gaming Machine Amendment Act 2001, sections 6 and 8. (2) To remove any doubt, it is declared that the application is taken not to be validly made, and must not be dealt with, under this Act. (3) No proceeding may be taken at or after midday on 8 May 2001 against the State or a departmental officer for an action or failure to take an action relating to the application. (4) If a proceeding relating to the application was started before the commencement of this section against the State or a departmental officer, the proceeding is stayed and the court dealing with the proceeding must dismiss the proceeding. 401 First month for which the major facilities levy is payable The major facilities levy under section 316B is payable for July 2001 and each month after July 2001. 402 Provision for applications for which a date has been fixed under s 399(7) (1) This section applies to a relevant application for which the commission has, under section 399(7), fixed a date after 31 December 2001 as the date for the relevant application to lapse. (2) Despite section 399(8) and the date fixed by the commission, the date on which the relevant application lapses is 31 December 2002. (3) If the commission has not made a decision about a relevant application by the end of 31 December 2002, the relevant application lapses at the end of that day. (4) In this section— relevant application see section 399(1). 403 Transitional provision for applications continued under Liquor Act 1992 for removal of licences under Liquor Act 1912, s 49A (1) This section applies to each of the following— (a) a person who is, on or after the commencement day, entitled under the Liquor Act 1992 to continue with an application for removal of a liquor licence; (b) a person who is the holder of a liquor licence for premises to which the liquor licence was removed on or after 11 April 2002 as the result of an application for removal of the liquor licence. (2) The person may make an application for a gaming machine licence for liquor premises. (3) The gaming application must be made— (a) before the end of the application period; and (b) as an application under section 56 for a gaming machine licence. (4) A gaming application made as required under subsection (3) is to be dealt with as if it were an application for a gaming machine licence properly made under this Act and the liquor premises are to be dealt with as if the premises were to be category 1 licensed premises. (5) If the liquor premises specified in the gaming application change, the applicant for the gaming application must amend the gaming application to reflect the change. (6) The amendment of the gaming application is authorised to the extent it changes the premises specified in the gaming application to reflect the variation of the liquor premises, and the gaming application continues despite the amendment. (7) If the commission has not made a decision about the gaming application by 31 January 2003, the application lapses at the end of that day unless the commission fixes a date under subsection (8) for it to lapse. (8) Before 31 January 2003, the commission may fix a date after 31 January 2003 as the date for a gaming application to lapse if— (a) the chief executive receives an application for deferment of the lapsing of the gaming application before or at 5p.m. on 31 December 2002; and (b) the commission is, after considering the application for deferment, satisfied there are exceptional circumstances for a deferment of the lapsing of the gaming application; and (c) the date fixed is no later than 30 June 2003. (9) If the commission fixes a date under subsection (8) as the date for a gaming application to lapse and the commission has not made a decision about the gaming application immediately before the end of that day, the gaming application lapses at the end of that day. (10) An applicant for deferment must include as part of the application all supporting information and material the applicant considers relevant to establish the exceptional circumstances for the deferment. (11) This section is not limited by section 56 or division 5. (12) In this section— application for removal of a liquor licence means an application continued under the Liquor Act 1992, section 238A, that has not been disposed of before the commencement day. application period means the period starting on the commencement day and ending on 1 October 2002. commencement day means the day on which the Revenue and Other Legislation Amendment Act 2002, part 6, commences. gaming application means an application made under subsection (2). liquor premises means— (a) premises that, as the result of an application for removal of a liquor licence, are licensed premises within the meaning of the Liquor Act 1992; or (b) premises the subject of an application for removal of a liquor licence, and to which the liquor licence is to be removed on the grant of the application. 404 Definition for div 7 In this division— commencement means the commencement of the provision in which the term is used. 405 Application of particular provisions to licensed major dealer and secondary dealer (1) This section applies to a licensed supplier who is a licensed major dealer or licensed secondary dealer immediately before the commencement. (2) Section 163(1) does not apply to the licensed supplier until 9 months after the commencement. (3) Despite section 164(2)(a), the licensed supplier's first control system submission under section 164 must be made to the chief executive at least 90 days before the day that is 9 months after the commencement. 406 Dealing with existing applications (1) This section applies to an application for a licence made under part 5 and not decided before the commencement. (2) The application must be decided under this Act as in force immediately after the commencement. 428 Definitions for div 9 In this division— commencement means the day this division commences. pre-amended Act means this Act as in force before the commencement of the Gambling Legislation Amendment Act 2004, part 4. 429 Dealing with notice to show cause (1) This section applies if— (a) under the pre-amended Act, section 219, the chief executive has issued a notice to show cause to the holder of a licence; and (b) the notice to show cause has not been finally dealt with before the commencement. (2) For dealing with the notice to show cause, the pre-amended Act continues to apply as if the Gambling Legislation Amendment Act 2004, part 4, had not commenced. (3) Subsection (4) applies if, under the pre-amended Act, a person could appeal to the commission against a decision of the chief executive relating to the notice to show cause. (4) The person may appeal, and the commission may hear and decide the appeal, under the pre-amended Act. 430 Transitional provision about immediate suspension of licence (1) This section applies if the chief executive— (a) has suspended a licence under the pre-amended Act, section 220; and (b) has not given the holder of the licence a notice to show cause as required under that section before the commencement. (2) The chief executive must, within 7 days after suspending the licence, give the holder a notice to show cause under the pre-amended Act, section 219(2). (3) The suspension of the licence continues until the notice to show cause is finally dealt with. (4) For giving and dealing with the notice to show cause, the pre-amended Act continues to apply as if the Gambling Legislation Amendment Act 2004, part 4, had not commenced. (5) Subsection (6) applies if, under the pre-amended Act, a person could appeal to the commission against a decision of the chief executive relating to the notice to show cause. (6) The person may appeal, and the commission may hear and decide the appeal, under the pre-amended Act. 431 Direction to rectify under pre-amended Act (1) This section applies to a direction to rectify a matter given to a holder of a licence under the pre-amended Act, section 219(12)(c)(i), if, before the commencement— (a) the period for rectifying the matter under that Act has not ended; or (b) the period for rectifying the matter under that Act has ended and action has not been taken under section 219(13) of that Act in relation to a failure to comply with the direction. (2) A failure to comply with the direction may be dealt with under the pre- amended Act as if the Gambling Legislation Amendment Act 2004, part 4, had not commenced. 432 Appeals to commission (1) Subsection (2) applies if— (a) a person has appealed to the commission against a decision of the chief executive under a repealed provision; and (b) the appeal has not been decided before the commencement. (2) The commission may hear, or continue to hear, and decide the appeal under the pre-amended Act. (3) Subsection (4) applies if— (a) immediately before the commencement a person could have appealed to the commission against a decision of the chief executive under a repealed provision; and (b) the person has not appealed before the commencement. (4) The person may appeal, and the commission may hear and decide the appeal, under the pre-amended Act. (5) In this section— repealed provision means the pre-amended Act, section 219(12), (13) or (14), or 220(2). 433 Continuation of obligation under pre-amended Act, s 261 (1) This section applies to a licensee if, immediately before the commencement, a prohibition by the licensee under the pre-amended Act, section 261, is in force. (2) The pre-amended Act, section 261, continues to apply to the licensee as if the Gambling Legislation Amendment Act 2004, part 4, had not commenced. 434 Members of category 2 licensee's management committee or board (1) This section applies to a person who, immediately before the commencement— (a) holds office as a member of a category 2 licensee's management committee or board; and (b) is a person to whom, apart from this section, section 341A(2) applies. (2) Section 341A(2) does not apply to the person until the person's current term ends. (3) In this section— current term, for a person who holds office as a member of a category 2 licensee's management committee or board, means the person's term of office in which the commencement happens. 435 Definitions for div 10 In this division— ANTA means the Australian National Training Authority established under the Australian National Training Authority Act 1992 (Cwlth). commencement means the day the provision in which the term is used commences. post-amended Act means this Act as in force immediately after the commencement. 436 Application for gaming machine licence (1) This section applies to an application for a gaming machine licence given to the chief executive, and not decided under section 58, before the commencement. (2) To help the commission decide the application, the applicant must give to the commission— (a) a statement in the approved form about the applicant's compliance program for the licence; and (b) a compliance program document for the licence. (3) If— (a) the commission grants the application; and (b) the licensee is an individual who is not required under this Act to have a nominee for the licensed premises under the licence; the licensee must, before 31 December 2005, give the chief executive evidence that the chief executive considers on reasonable grounds shows the licensee has successfully completed an approved training course. 437 Application for gaming nominee's licence (1) This section applies to an application for a gaming nominee's licence given to the chief executive, and not decided under part 5, before the commencement. (2) If the chief executive grants the application, the holder of the gaming nominee's licence must, before 31 December 2005, give the chief executive evidence that the chief executive considers on reasonable grounds shows the holder has successfully completed an approved training course. 438 Obligation of licensee (1) This section applies to an individual who— (a) was a licensee immediately before the commencement; and (b) is not required under this Act to have a nominee for the licensed premises under the licence. (2) The licensee must, before 31 December 2005, give the chief executive evidence that the chief executive considers on reasonable grounds shows the licensee has successfully completed an approved training course. (3) However, subsection (2) does not apply to the licensee if— (a) for at least 1 year immediately before the commencement, the licensee held a gaming machine licence; and (b) before 31 December 2005, the licensee gives the chief executive evidence that the chief executive considers on reasonable grounds shows the licensee has, within 3 years before the commencement, successfully completed each of the following units of competency from the Hospitality (THH02) training package endorsed by ANTA— (i) THHADG01B (Analyse and report on gaming machine data); (ii) THHADG02A (Develop and manage gaming activities); (iii) THHADG03B (Provide responsible gambling services); (iv) THHBG01B (Attend gaming machines). 439 Obligation of licensed gaming nominee (1) This section applies to a person who was the holder of a gaming nominee's licence in force under this Act immediately before the commencement. (2) The holder must, before 31 December 2005, give the chief executive evidence that the chief executive considers on reasonable grounds shows the holder has successfully completed an approved training course. (3) However, subsection (2) does not apply to the holder if— (a) for at least 1 year immediately before the commencement, the holder— (i) was a licensed gaming nominee; and (ii) was employed as a nominee of a licensee for licensed premises; and (b) before 31 December 2005, the holder gives the chief executive evidence that the chief executive considers on reasonable grounds shows the holder has, within 3 years before the commencement, successfully completed each of the following units of competency from the Hospitality (THH02) training package endorsed by ANTA— (i) THHADG01B (Analyse and report on gaming machine data); (ii) THHADG02A (Develop and manage gaming activities); (iii) THHADG03B (Provide responsible gambling services); (iv) THHBG01B (Attend gaming machines). 440 Inspectors A person who was an inspector immediately before the commencement is taken to be an inspector appointed under the post-amended Act, section 325A. 441 Audit program for inspectors The program that was the inspectors audit program under this Act immediately before the commencement is taken to be the approved audit program under the post-amended Act, section 325H. 442 Dealing with major facilities levy amount (1) Subsection (2) applies to an amount— (a) paid under the Act as major facilities levy before the commencement; and (b) on the commencement, not used for a purpose mentioned in section 316A(2) as in force before the commencement. (2) The amount is transferred to the community investment fund. (3) An amount payable under the Act as major facilities levy but not paid before the commencement must be paid into the community investment fund. (4) This section applies despite sections 316C and 322(3) as in force before the commencement. (5) In this section— commencement means the commencement of this division. community investment fund means the community investment fund established under section 314. 443 When health services levy is payable The health services levy under section 316B is payable for July 2006 and each month after July 2006. 444 When gaming machine licence lapses—s 80A (1) Subsection (2) applies if, immediately before the commencement of this section, a relevant date applied under section 80A in relation to a gaming machine licence. (2) Section 80A as in force immediately before the commencement continues to apply in relation to the gaming machine licence. 445 When approval lapses—s 85AA (1) Subsection (2) applies if, immediately before the commencement of this section, a relevant date applied under section 85AA in relation to an approval. (2) Section 85AA as in force immediately before the commencement continues to apply in relation to the approval. 446 Application for gaming machine licence—s 56 Section 56(5)(m) as in force immediately before the commencement of this section applies to an application made but not decided before the commencement. 447 Definitions for div 14 In this division— category 2 licence means a gaming machine licence that relates to category 2 licensed premises. category 2 licensee means a club that is a category 2 licensee on the commencement day. commencement day means the day this section commences. valid application means one of the following applications received by the chief executive before 16 April 2008— (a) an application under section 56 for a category 2 licence; (b) an application under section 61 for approval of premises as additional premises to which a category 2 licence relates; (c) an application under section 81 to have the approved number of gaming machines for category 2 licensed premises increased. 448 Allocation of entitlements on commencement day (1) Subsection (2) applies if a valid application was granted in relation to category 2 licensed premises before the commencement day. (2) On the commencement day, entitlements equal in number to the approved number of gaming machines for the licensed premises are allocated for the premises. (3) Subsection (4) applies if— (a) before the commencement day, a valid application was granted in relation to category 2 licensed premises; and (b) after the application was granted but before the commencement day, the chief executive and the liquor licensing authority made arrangements under section 78— (i) to transfer a liquor licence to the premises; and (ii) at the same time, to issue a new category 2 licence for the premises. (4) For subsection (2), the valid application is taken to have been made by the holder of the new category 2 licence for the premises. (5) In this section— approved number of gaming machines, for licensed premises, means— (a) the number of gaming machines approved for the premises on the grant of a valid application; or (b) if, on the commencement day, the approval of a gaming machine mentioned in paragraph (a) is no longer in force—the number of the gaming machines mentioned in paragraph (a) for which an approval continues in force. 449 Allocation of entitlements after commencement day (1) Subsection (2) applies if a valid application is granted in relation to category 2 licensed premises after the commencement day. (2) On the granting of the valid application, entitlements equal in number to the approved number of gaming machines for the licensed premises are allocated for the premises. 450 Replacement of gaming machine licence The chief executive must, as soon as practicable after entitlements are allocated under section 448 or 449— (a) replace the gaming machine licence for each licensed premises to which entitlements are allocated; and (b) give the replacement licence to the licensee for the premises. 451 Information for replacement gaming machine licence A replacement licence given to a licensee under section 450 must state— (a) the number of entitlements endorsed for each licensed premises under the licence; and (b) the entitlement region in which each of the licensed premises are located. 452 Transfer of entitlements allocated under s 448 or 449 (1) This section applies to entitlements allocated under section 448 or 449. (2) Despite section 109M(5), the commission must not grant an application for approval to transfer any of the entitlements under part 3B, division 2 until the transferor licensee has installed and is operating or has operated, on the transferor licensed premises, the approved number of gaming machines for the premises. 453 Application of s 80A to category 2 licences granted between 16 April 2008 and commencement day (1) This section applies to a category 2 licence for which an application under section 56 was— (a) made on or after 16 April 2008; and (b) granted before the commencement day. (2) Section 80A applies to the category 2 licence as if a reference in the section to the day the licence was granted is a reference to the commencement day. 454 Application of s 85AA if approval under s 83 granted between 16 April 2008 and commencement (1) This section applies to a category 2 licence for which an application under section 81 was— (a) made on or after 16 April 2008; and (b) granted before the commencement day. (2) Section 85AA(2) to (7) applies to the category 2 licence as if a reference in the section to the day the approval was given is a reference to the commencement day. 455 Requirements about transferor licensed premises—s 109T For section 109T(6), section 109V(3) does not apply if— (a) the transferor licensee was notified under section 58, 63 or 83 on the granting of a valid application; and (b) at the time the application was made under section 109T, the transferor licensee had installed, on the licensed premises, the approved number of gaming machines for the premises. 456 Protection from liability (1) This section applies to the following applications received by the chief executive on or after 16 April 2008 and before the commencement of the Gambling and Other Legislation Amendment Act 2009, section 41— (a) an application under section 56 for a category 2 licence; (b) an application under section 61 for approval of premises as additional premises to which a category 2 licence relates; (c) an application under section 81 to have the approved number of gaming machines for category 2 licensed premises increased. (2) The State, a departmental officer or a commissioner does not incur civil liability for acting or failing to act in relation to the application. (3) If a civil proceeding relating to the application was started before the commencement day against the State, a departmental officer or a commissioner, the proceeding is stayed and the court dealing with the proceeding must dismiss it. (4) In this section— commencement day means the day this section commences. 457 Transitional provision for s 189A (1) Section 189A(1) does not apply until 1 July 2011 to a person who, immediately before the commencement day, was— (a) an eligible licensee for licensed premises; or (b) a nominee of the licensee for the premises; or (c) employed by the licensee to carry out gaming duties or gaming tasks on the premises. (2) Section 189A(3) does not apply until 1 July 2011 in relation to a person who, immediately before the commencement day, was employed to carry out gaming duties or gaming tasks on licensed premises. 458 Extension of transitional arrangement for s 189A (1) A person mentioned in section 457 may apply to the chief executive for an extension, until 1 July 2013, of the period during which section 189A(1) and (3) do not apply. (2) The application must be— (a) in the approved form; and (b) accompanied by— (i) a statement of attainment certifying that the person has, in Queensland during the period of 12 months immediately before the commencement of section 189A, achieved either of the following units of competency— (A) SITHGAM003A (Provide responsible gambling services) from the nationally endorsed training package SIT07 (Tourism hospitality and event management); (B) THHADG03B (Provide responsible gambling services) from the nationally endorsed training package THH02 (Hospitality); and (ii) the fee prescribed under a regulation; and (c) given to the chief executive before 30 April 2011. (3) The applicant must also provide any other relevant information reasonably required by the chief executive to decide the application. (4) The chief executive must grant the application if the requirements mentioned in subsections (2) and (3) are satisfied. (5) If the chief executive grants the application, the chief executive must give the applicant written notice of the decision. (6) The chief executive must refuse to grant the application if the requirements mentioned in subsections (2) and (3) are not satisfied. (7) If the chief executive refuses to grant the application, the chief executive must give the applicant a written notice stating the decision and the reasons for the decision. (8) In this section— nationally endorsed see the Vocational Education, Training and Employment Act 2000, schedule 3. statement of attainment see the Vocational Education, Training and Employment Act 2000, schedule 3. training package see the Vocational Education, Training and Employment Act 2000, schedule 3. unit of competency see the Vocational Education, Training and Employment Act 2000, schedule 3. 459 References to commission by its former name (1) In a document, a reference to the commission by its former name may, if the context permits, be taken to be a reference to the commission. (2) In this section— former name means the Queensland Gaming Commission. - SCHEDULE 1 -- REVIEWABLE DECISIONS Section Description of decision 55 refusing to grant a gaming machine licence fixing a number of gaming machines for premises that is— (a) for premises mentioned in section 56(2)(c)—less than the number sought in the relevant application for the premises and 59(2) less than the number approved for the premises at the time the application is made; or (b) for other premises—less than the number sought in the relevant application for the premises 59(2)(a)(ii) fixing hours of gaming for premises that differ from the hours of gaming sought in the relevant application for the premises fixing the number of operating authorities to be transferred to 59(2)(a)(iii) premises if that number is less than the number sought in the application relating to the premises 63 refusing to approve additional premises as premises to which a category 2 licensee's gaming machine licence relates fixing a number of gaming machines for additional premises that 64(2) is less than the number sought in the additional premises application fixing hours of gaming for additional premises that differ from 64(2)(b) the hours of gaming sought in the relevant additional premises application 73(1)(b) imposing conditions on a gaming machine licence 74(1) imposing conditions or further conditions, or varying conditions on a gaming machine licence approving an increase in the approved number of gaming machines 83(1)(a) for a licensee's licensed premises that is less than the increase sought in the relevant application 83(1)(b) refusing to approve an increase in the approved number of gaming machines for a licensee's licensed premises approving an increase in the approved hours of gaming for a 85C(1)(b) licensee's licensed premises that differs from an increase sought in the relevant application 85C(1)(c) refusing to approve an increase in approved hours of gaming for a licensee's licensed premises approving, for a decrease proposal that is a request or a report, 90C(1)(a) a decrease in the approved hours of gaming for a licensee's licensed premises approving, for a decrease proposal that is an application, a 90C(1)(b) decrease in the approved hours of gaming for a licensee's licensed premises that is a modification of the proposal contained in the relevant application refusing, for a decrease proposal that is an application, to 90C(1)(c) approve a decrease in the approved hours of gaming for a licensee's licensed premises 97(16)(d) cancelling or suspending a gaming machine licence 97(17) cancelling or suspending a gaming machine licence for failing to comply with a direction from the commission 98(1) suspending a gaming machine licence Section Description of decision approving, for a decrease proposal that is an application, a 87(1)(a) decrease in the approved number of gaming machines for a licensee's licensed premises that is less than the decrease sought in the application approving, for a decrease proposal that is a request or 87(1)(a) report, a decrease in the approved number of gaming machines for a licensee's licensed premises refusing, for a decrease proposal that is an application, to 87(1)(b) approve a decrease in the approved number of gaming machines for a licensee's licensed premises 196, 197, 201(1) refusing to grant an application for the licence 205 imposing a condition on the licence 206(1) changing a condition of the licence 207 refusing to renew the licence 214D immediately suspending the licence 214E suspending or cancelling the licence 214G censuring the holder of the licence 214H directing the holder of the licence to rectify a matter Section Description of decision 76 refusing to renew a gaming machine licence 99 suspending a gaming machine licence 131 refusing to renew a supplier's licence 132 refusing, on an application made on the ground mentioned in section 132 (1)(a), to replace a supplier's licence Section Description of decision 123 impose a condition on the licence 127 change a condition of the licence 147(2)(d) suspend the licence 147(2)(e) cancel the licence 149 suspend the licence Section Description of decision 261C give a person an exclusion direction 261F refusing to revoke an exclusion direction given to a person - SCHEDULE 2 -- DICTIONARY accepted representations— (a) for part 4, division 6—see section 142; and (b) for part 5, division 6—see section 214C. accounting record, of a licensee, means an accounting record required to be kept and maintained by the licensee under section 298(1). additional premises see section 61(3)(e). additional premises application means an application, made under section 61 by a category 2 licensee, for approval of premises (additional to the existing licensed premises) as premises to which the licensee's gaming machine licence relates. administered receipt see the Financial Accountability Act 2009, section 7(1). affected person, for a payout refusal decision, see section 245(2)(a). ANTA, for part 12, division 10, see section 435. application of significant community impact means an application mentioned in section 55A(1). approved accountant means— (a) a member of the Institute of Chartered Accountants in Australia who holds a current certificate of public practice issued by the institute; or (b) a member of CPA Australia who holds a current public practice certificate issued by CPA Australia; or (c) a member of the National Institute of Accountants who holds a current public practice certificate issued by the institute; or (d) a registered company auditor; or (e) a person approved by the chief executive as having the necessary experience or qualifications to conduct audits for the gaming operations of licensees. approved authority, for licensed premises, means— (a) the liquor licensing authority; or (b) the Queensland Fire and Rescue Service; or (c) the local government whose area is the area in which the premises are situated. approved control system means a control system approved by the chief executive, and includes an approved control system changed under a direction or approval of the chief executive. approved financier means any of the following— (a) a financial institution under the Acts Interpretation Act 1954, section 36; (b) a registered entity under the Financial Sector (Collection of Data) Act 2001 (Cwlth); (c) another entity prescribed under a regulation. approved form see section 364. approved game means a game approved by the chief executive under section 281 (8). approved number, of gaming machines, for licensed premises, means— (a) the number (the original number) of gaming machines originally permitted to be installed on the premises; or (b) if the original number is subsequently adjusted by an increase under section 83 or a decrease under section 88 as in force before 1 July 2003 or section 87—the original number as adjusted under the section or sections. approved place, for the keeping of a licensee's accounting records for licensed premises of the licensee, means— (a) the licensed premises; or (b) a place approved by the chief executive under section 307(1)(a) for the records. approved place, for the keeping of monitoring records of a licensed supplier, means— (a) the supplier's main office; or (b) a place approved by the chief executive under section 168(1)(a) for the records. approved responsible service of gambling course means a course approved by the chief executive under section 337B. approved training course means a course of study, approved by the chief executive, about the conduct of gaming. approved trust account means an account— (a) established with a financial institution for holding multiple site jackpot increments; and (b) approved by the chief executive. arrangement includes scheme, understanding, promise or undertaking, whether express or implied. article, for part 10, division 2, see section 326. assessment period, for licensed premises, means the period for which an assessment is required to be made under section 310(1) for the premises. associate, of a person, has the meaning given by section 5. associates (contractors) audit program means an audit program, for investigating associates of licensed service contractors, approved under section 211(1)(b). associates (nominees) audit program means an audit program, for investigating associates of licensed gaming nominees, approved by the Minister under section 211. associates (repairers) audit program means an audit program, for investigating associates of licensed repairers, approved under section 211(1)(b). associates (suppliers) audit program means an audit program, for investigating associates of licensed suppliers, approved by the Minister under section 135 (1). authorised entitlements sale means a sale of entitlements of the State under section 109ZC. authorised gaming machine, of a licensee, means a gaming machine purchased or otherwise acquired by the licensee, with the chief executive's approval, for use for gaming on the licensee's licensed premises. Editor's note— See section 265(2) (Manufacture, sale, supply, obtaining or possession of gaming machines). authorised sale means a sale of operating authorities under section 109B. authority region means a region of the State prescribed under a regulation. basic monitoring services means services supplied by a licensed monitoring operator under the conditions of the operator's licence— (a) for electronically monitoring the security, accounting or operational data from a licensee's gaming equipment on licensed premises; or (b) relating to the operation of the equipment being monitored. betting unit means the least valuable bet a player may make on a gaming machine. bodily harm means any bodily injury that interferes with health or comfort. body corporate means— (a) a corporation as defined in the Corporations Act; or (b) an incorporated association as defined in the Associations Incorporation Act 1981; or (c) any other body incorporated under any other Act or law. category 1 licensed premises means licensed premises for which one of the following licences under the Liquor Act 1992 is in force— (a) a commercial hotel licence; (b) a commercial special facility licence, other than the commercial special facility licence held by the Gold Coast Commerce Club Inc. category 1 licensee means a licensee whose gaming machine licence relates to category 1 licensed premises. category 2 licensed premises means licensed premises that are not category 1 licensed premises. category 2 licensee— (a) means a licensee whose gaming machine licence relates to a category 2 licensed premises; and (b) for part 3B, division 2, see section 109L. centralised credit system means any electronic or computer system or device that is so designed that it may be used for, or adapted to enable, the transfer of credits of gaming tokens to or from a gaming machine. chairperson means a commissioner— (a) appointed under section 18(2) and holding office; or (b) appointed under section 24(1) and at that time acting; as the chairperson of the commission. claimant, for a review of a payout refusal decision, see section 247(2). club means a body corporate that holds a community club licence. commencement— (a) for part 12, division 7—see section 404; and (b) for part 12, division 9—see section 428; and (c) for part 12, division 10—see section 435. commercial hotel licence means a licence mentioned in the Liquor Act 1992, section 58(1)(a). commercial special facility licence means a licence mentioned in the Liquor Act 1992, section 58(1)(b). commercial special facility premises means premises to which a commercial special facility licence relates. commission means the Queensland Liquor and Gaming Commission continued in existence under section 15. commissioner means a person— (a) appointed under section 18(1) or 19(2) and holding office; or (b) appointed under section 24(2) and at that time acting; as a commissioner of the commission. community club licence means— (a) a licence mentioned in the Liquor Act 1992, section 58(1)(d); or (b) an authority held by a non-proprietary club to sell liquor under a Commonwealth Act; or (c) a right to sell liquor held by a person as a subsidiary operator that is a non-proprietary club. community comments means comments on an application made in response to an advertisement under section 55C. compliance program, for a gaming machine licence, means a system of procedures and practices that— (a) relates to the licensee's gaming operations; and (b) is used by the licensee— (i) to ensure the licensee complies with this Act; and (ii) to monitor the licensee's compliance. compliance program document, for a gaming machine licence, means a document describing the compliance program for the licence. compliance self-assessment see section 264A(1). computer cabinet means the sealable metal cabinet in a gaming machine which cabinet contains the game program storage medium and the random access memory. conduct of gaming has the meaning given by section 3. contractors audit program means an audit program, for investigating licensed service contractors, approved under section 211(1)(a). control action, under the Corporations Act, see section 6. control system means a system of internal controls and administrative and accounting procedures for the conduct by a licensed supplier of the supplier's supply operations. control system (change) submission see section 165. control system submission see section 164. conviction includes the acceptance of a plea of guilty or a finding of guilt by a court even though a conviction is not recorded. criminal history, of a person, means the person's criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, and— (a) despite section 6 of that Act, includes a conviction of the person to which the section applies; and (b) despite section 5 of that Act, includes a charge made against the person for an offence. decision-maker, for a review by the tribunal, means the entity who made the decision being reviewed. decrease, of approved hours of gaming, does not include a change to hours of gaming that would allow the conduct of gaming on licensed premises at a time when gaming was previously unlawful (even though the change might reduce aggregate hours of gaming). decrease proposal means (according to context)— (a) a decrease proposal (gaming machines); or (b) a decrease proposal (hours of gaming). decrease proposal (gaming machines) means— (a) an application made by a licensee under section 86 for a decrease in the approved number of gaming machines for licensed premises of the licensee; or (b) a request made by an approved authority under section 86 for a decrease in the approved number of gaming machines for licensed premises of a licensee; or (c) a report made by an inspector under section 86 recommending a decrease in the approved number of gaming machines for licensed premises of a licensee. decrease proposal (hours of gaming) means— (a) an application made by a licensee under section 90A for a decrease in the approved hours of gaming for licensed premises of the licensee; or (b) a request made by an approved authority under section 90A for a decrease in the approved hours of gaming for licensed premises of a licensee; or (c) a report made by an inspector under section 90A recommending a decrease in the approved hours of gaming for licensed premises of a licensee. departmental accounts, of a department, means the accounts of the department under the Financial Accountability Act 2009, section 69. departmental financial-institution account, of a department, means an account of the department kept under the Financial Accountability Act 2009, section 83. departmental gaming officer means a departmental officer who performs functions as a departmental officer solely or mainly for the purposes of this Act or a gaming Act. departmental officer means a public service employee employed in the department, and includes any person to whom section 386 applies. directly interested person, for a licensed monitoring operator, means— (a) an approved financier with whom the operator has entered into an agreement or arrangement relating to the operator's monitoring operations; or (b) a secured creditor of the operator. disclosed associate means a person stated in a disclosure affidavit as being a person who satisfies a description mentioned in section 182(4)(a) or (b). disclosure affidavit see section 182. displayed win see section 244(1). due date for payment see section 7. education and care service premises see the Education and Care Services National Law (Queensland), section 5(1). electronic monitoring system means any electronic or computer system or device that is designed to be used, or adapted, to receive data from gaming equipment in relation to the security, accounting or operation of gaming equipment and includes an electronic or computer system or device capable of identifying the player. employ includes engage on a contract for services or commission and use the services of, whether or not for reward. endorsed number— (a) of operating authorities for licensed premises, means the number of operating authorities stated on the gaming machine licence for the licensed premises; or (b) of entitlements for licensed premises, means the number of entitlements stated on the gaming machine licence for the licensed premises, other than the number of any entitlements for other licensed premises that have been transferred under part 3B, division 3 for use on a temporary basis at the premises. entitlement means an authorisation for a category 2 licensee to, subject to this Act, install and operate a gaming machine on category 2 licensed premises. entitlement, of a category 2 licensee, means an entitlement endorsed on the licensee's gaming machine licence as an entitlement for licensed premises under the licence. entitlement, of the State, means— (a) an entitlement that is an entitlement of the State under section 78(6), 78A(8), 87(10), 91A(4), 95(2E) or 109ZA; or (b) another entitlement, other than an entitlement that is— (i) allocated under section 448 or 449; or (ii) transferred by operation of section 78(5) or 78A(7); or (iii) purchased at an authorised entitlements sale. entitlement region means a region of the State prescribed under a regulation. entitlement selling entity see section 109ZC. excluded interested person, for a licensed monitoring operator, means an indirectly interested person of the operator designated by the chief executive to be an excluded interested person for the operator. exclusion direction see section 261C(1). executive officer, in relation to a body corporate, means each of the chairperson, managing director or other principal executive officer of the body corporate and every member of any executive, governing or management body of the body corporate (by whatever name called). exempt accounting record see section 307. exempt monitoring record see section 168(1)(b). existing licence see section 64(1). existing premises see section 63(3)(c). financial institution means— (a) the Reserve Bank of Australia; or (b) an authorised deposit-taking institution within the meaning of the Banking Act 1959 (Cwlth), section 5; or (c) a person who carries on State banking within the meaning of the Commonwealth Constitution, section 51(xiii); or (d) a body corporate that is, or that, if it had been incorporated in Australia, would be, a financial corporation within the meaning of the Commonwealth Constitution, section 51(xx); or financial year means the period of 1 year ending on 30 June in any year or, if the chief executive, under section 4 approves some other date as the terminating date of a financial year in a particular case, the period so approved. former licensee see section 302(2). former operator see section 177(2). game means a game— (a) designed to be played on a gaming machine; and (b) that is identifiable from all other games by— (i) the name of the game; or (ii) differences in rules or programming. gaming means the playing of a gaming machine. gaming Act means any of the following Acts— • Casino Control Act 1982 • Charitable and Non-Profit Gaming Act 1999 • Interactive Gambling (Player Protection) Act 1998 • Keno Act 1996 • Lotteries Act 1997 • Wagering Act 1998. gaming duties means duties about the conduct of gaming prescribed under a regulation. gaming employee means— (a) a licensed gaming employee employed under section 189(3), (4) or (5); or (b) a licensed gaming nominee employed under section 189(3) or (4); or (c) an applicant for a gaming employee's licence employed under section 189(4) or (6); or (d) an applicant for a gaming nominee's licence employed under section 189(4); or (e) a person employed under section 189(9); or (f) the nominee of a licensee. gaming equipment— (a) means the following— (i) a gaming machine; (ii) linked jackpot equipment; (iii) an electronic monitoring system; (iv) a centralised credit system; (v) a part of, or replacement part for, anything mentioned in subparagraph (i) to (iv); and (b) in relation to the testing operations of a licensed testing facility operator, includes— (i) gaming machine types; and (ii) mathematics, artwork and software for a game. gaming machine means any device that is so designed that— (a) it may be used for the purpose of playing a game of chance or a game of mixed chance and skill; and (b) it may be operated, wholly or in part— (i) by the insertion of a gaming token into the device; or (ii) by the use of gaming machine credits; or (iii) by the electronic transfer of credits of gaming tokens to the device; or (iv) by the use of gaming tokens held, stored or accredited by the device or elsewhere; and (c) because of making a bet on the device, winnings may become payable; but does not include any device declared under section 343 not to be a gaming machine. gaming machine area means any location on licensed premises where a licensee is permitted to install a gaming machine. gaming machine credit means a credit of a gaming token registered by a gaming machine. gaming machine licence means a gaming machine licence issued under section 68 that is in force. gaming machine type means a type of gaming machine in which different games may be installed. gaming operations, of a licensee, means gaming conducted, and the conduct of gaming, on the licensee's licensed premises. gaming related system means— (a) an electronic monitoring system; or (b) a centralised credit system. gaming system component means— (a) a gaming machine; or (b) gaming equipment, other than a gaming machine; or (c) equipment, other than gaming equipment, that is ancillary or related equipment for a gaming machine; or (d) the approved game for a gaming machine. gaming system malfunction means a malfunction of a gaming system component. gaming token means Australian currency and any token, credit or any other thing that enables a bet to be made on a gaming machine, but does not include a gaming machine credit. gaming trainer means a person (other than a licensed dealer) who conducts a genuine training course relating to the conduct of gaming. general associate, of a person, means an associate (other than a disclosed associate) of the person. holder, of a licence under this Act, means the person to whom the licence is issued. increase, of approved hours of gaming, includes a change to hours of gaming that would allow the conduct of gaming on licensed premises at a time when gaming was previously unlawful (even though the change might leave aggregate hours of gaming unchanged or reduce the aggregate). increase application means (according to context)— (a) an increase application (gaming machines); or (b) an increase application (hours of gaming). increase application (gaming machines) means an application made by a licensee under section 81 for an increase in the approved number of gaming machines for licensed premises of the licensee. increase application (hours of gaming) means an application made by a licensee under section 85A for an increase in the approved hours of gaming for licensed premises of the licensee. indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659, applies to the indictable offence. indirectly interested person, for a licensed monitoring operator, means a person the operator knows, or ought reasonably to know, has an interest in the operator's licence, but does not include a directly interested person of the operator. information notice means a written notice complying with the QCAT Act, section 157(2). inspector means a person who is an inspector under this Act. interested person, for a licensed monitoring operator, means a directly or indirectly interested person of the operator. interested person, of a holder of a license under part 5, means— (a) if the holder is a licensed gaming employee or a licensed gaming nominee—a licensee; or (b) if the holder is a licensed key monitoring employee or a licensed service contractor—a licensed monitoring operator; or (c) if the holder is a licensed repairer—a licensed monitoring operator, a licensed service contractor or another licensed repairer. involved licensed monitoring operator, for a payout refusal decision for a displayed win, means— (a) if paragraph (b) does not apply—a licensed monitoring operator who, when the decision was made, was supplying basic monitoring services to the involved licensee; or (b) if, when the decision was made, the gaming machine to which the displayed win related was part of a linked jackpot arrangement—the licensed monitoring operator by whom the arrangement was operated. involved licensee, for a payout refusal decision, see section 245(2)(b). jackpot payout see section 9. key monitoring employee see section 185(1). key officer see section 186. licensed dealer means— (a) a licensed major dealer; or (b) a licensed secondary dealer. licensed gaming employee means the holder of a gaming employee's licence in force under this Act. licensed gaming nominee means the holder of a gaming nominee's licence in force under this Act. licensed key monitoring employee means the holder of a key monitoring employee's licence in force under this Act. licensed major dealer means the holder of a major dealer's licence in force under this Act. licensed monitoring operator means the holder of a monitoring operator's licence in force under this Act. licensed person means— (a) a licensed repairer; or (b) a licensed service contractor; or (c) a licensed gaming nominee; or (d) a licensed gaming employee; or (e) a licensed key monitoring employee. licensed premises— (a) means premises on which a licensee is licensed to conduct gaming; and (b) for part 3B, division 2, see section 109L. licensed repairer means the holder of a repairer's licence in force under this Act. licensed secondary dealer means the holder of a secondary dealer's licence in force under this Act. licensed service contractor means the holder of a service contractor's licence in force under this Act. licensed supplier means— (a) a licensed monitoring operator; or (b) a licensed major dealer; or (c) a licensed secondary dealer; or (d) a licensed testing facility operator. licensed testing facility operator means the holder of a testing facility operator's licence in force under this Act. licensee means the holder of a gaming machine licence. licensees audit guidelines see section 301(1). linked jackpot arrangement means an arrangement under which 2 or more gaming machines are linked to a device recording a winning result or other event resulting in an amount, part of an amount, or something else, being won by a player. linked jackpot equipment means any meter, payout display, linking equipment, computer equipment, programming or other device (other than a gaming machine) forming, or capable of forming, part of a linked jackpot arrangement. liquor means liquor within the meaning of the Liquor Act 1992. liquor licence means— (a) a licence mentioned in the Liquor Act 1992, section 58(1); or (b) an authority to sell liquor under an Act, or a Commonwealth Act; or (c) a right to sell liquor held by a person as a subsidiary operator. liquor licence transfer application means an application under the Liquor Act 1992, section 113 for the transfer of a liquor licence from the holder of the liquor licence to a proposed transferee. liquor licensing authority means the chief executive of the department that deals with matters arising under the Liquor Act 1992. main office, of a licensed supplier, means— (a) the supplier's principal place of business in the State; or (b) if the supplier is a corporation and has its registered office in the State—its registered office. malfunction, of a gaming system component, means a failure of the component to function— (a) in the way it is designed to function; and (b) for a component programmed to function in a particular way—in the way it is programmed to function. management letter means a written notice— (a) that is issued by an auditor in relation to an audit; and (b) that is not part of an audit report; and (c) in which the auditor identifies issues the auditor considers may be of concern to an entity or an entity's executive officers. Examples of issues for paragraph (c)— 1 weaknesses in an internal control structure 2 inefficiencies 3 potential areas of risk metered amount means the amount displayed on the total wins meter of a gaming machine or on a progressive jackpot prize meter. metered payouts see section 10. metered turnover, for licensed premises for an assessment period, means the aggregate amount of all bets made on gaming machines on the premises in the assessment period. metered win, for licensed premises for an assessment period, means the amount obtained by subtracting the metered payouts for the premises from the metered turnover for the premises. money clearance means— (a) for a gaming machine—the removal of gaming tokens from the cash box or banknote acceptor of the gaming machine; or (b) for a centralised credit system—the deduction of an amount in relation to amounts received by a licensee from persons for establishing gaming machine credits under the system for the persons. monitoring operations, of a licensed monitoring operator, means operations conducted by the operator under the operator's licence. monitoring record, of a licensed monitoring operator, means a record (including a document) about the operator's monitoring operations. monthly taxable metered win, for licensed premises for an assessment period, means the metered win for the premises for the period, less— (a) the amount for the period paid into an approved trust account maintained by a licensed monitoring operator for multiple site jackpot increments; and (b) the amount prescribed for the period under a regulation. multiple site jackpot increments, for licensed premises, means the amount assessed by or for the chief executive for a linked jackpot arrangement for an assessment period. multiple site linked jackpot arrangement means a linked jackpot arrangement linking gaming machines with other gaming machines on 2 or more licensed premises. nominee, of a licensee for premises, see section 193. nominees audit program means an audit program for investigating licensed gaming nominees approved by the Minister under section 211. non-proprietary club means a body corporate whose memorandum and articles of association, rules, constitution or other incorporating documents provide that— (a) the income, profits and assets of the body are to be applied only in the promotion of its objects; and (b) the payment of dividends to, or the distribution of income, profits or assets of the body among, its members is prohibited. note acceptor means a device that accepts currency in exchange for gaming machine credits. operating authority means an authorisation for a category 1 licensee to, subject to this Act, install and operate a gaming machine on category 1 licensed premises. operating authority, of a licensee, means an operating authority, other than an operating authority of the State, endorsed on the licensee's gaming machine licence as an operating authority for the licensed premises under the licence. operating authority, of the State, means— (a) an operating authority that is an operating authority of the State under section 109F; or (b) another operating authority, other than an operating authority that— (i) was allocated under repealed section 409; or Note— Repealed section 409 provided for the allocation, on 1 July 2003, of operating authorities to category 1 licensees. (ii) is transferred by operation of section 78(5); or (iii) is purchased at an authorised sale. operators audit guidelines see section 176(1). other amounts, of a department, means amounts received by the department other than amounts received for a fund under this Act. ownership, for a game change or a percentage return to player change, includes the holding of a lease or sublease. payout refusal decision, for a displayed win, means a decision of a gaming employee under section 244(2) refusing— (a) to make a payment, or to allow a payment to be made, to a person for the credit the subject of the displayed win; or (b) to pay, or to allow to be paid, to a person the amount the subject of the displayed win; or (c) to award, or to allow to be awarded, to a person the non-monetary prize the subject of the displayed win. percentage return to player see section 11. place includes any house, wharf or premises. play a gaming machine has the meaning given by section 12. post-amended Act, for part 12, division 10, see section 435. power, for a delegation by the commission, includes doing an act or making a decision for the purpose of performing a function. pre-amended Act, for part 12, division 9, see section 428. premises includes messuages, buildings, lands, easements, tenements of any tenure, vehicles or vessels. prescribed liquor licence means a liquor licence prescribed for the purpose of this definition. principal executive officer, in relation to a body corporate, means each of the chairperson, managing director or other principal executive, governing or management officer (by whatever name called) of the body corporate. problem gambler means a person whose behaviour relating to gambling— (a) is characterised by difficulties in limiting the amount of money or time the person spends on gambling; and (b) leads to adverse consequences for the person, other persons or the community. progressive jackpot prize meter means a device for recording amounts that, if won by a player, would be— (a) payable to the player by the a licensee or licensed monitoring operator as a jackpot payout; or (b) credited to the credit meter of the player's gaming machine as a jackpot credit. promotions means an amount, part of an amount, or something else, able to be won by playing a gaming machine, whether or not a winning result for a game is obtained, and made available by a licensee or licensed monitoring operator, but, if a winning result for a game is obtained, does not include the amount constituted by the winning result itself. proposed action, for part 5, division 6, see section 214B(2)(a). reasonably suspects means suspects on grounds that are reasonable in all the circumstances. records, for part 10, division 2, see section 326. registered company auditor means a person registered as an auditor, or taken to be registered as an auditor, under the Corporations Act, part 9.2. registration number, of an operating authority, means the unique number assigned to the operating authority by the chief executive. relevant chief executive means the chief executive of the department in which the Liquor Act 1992 is administered. repairers audit program means an audit program, for investigating licensed repairers, approved under section 211(1)(a). restricted component means any component that is prescribed as a restricted component when it does not form part of any gaming machine, linked jackpot equipment, electronic monitoring system or centralised credit system but does not include anything declared under section 343 not to be a restricted component. restricted official means an inspector or departmental officer— (a) to whom a direction has been given by the chief executive under section 339(1); and (b) for whom the direction is in force. review decision see section 247(4)(a). revocation notice— (a) for part 6, division 10, subdivision 1—see section 261B(1); and (b) for part 6, division 10, subdivision 2—see section 261F(5). self-exclusion notice see section 261(1). self-exclusion order see section 261A(1)(a). selling entity see section 109B. service contract means any agreement to install, alter, adjust, maintain or repair gaming equipment on licensed premises or otherwise in a licensee's possession, but does not include an agreement to carry out any installation, alteration, adjustment, maintenance or repair prescribed for the purposes of section 187(3). show cause notice— (a) for part 4, division 6—see section 140(2); and (b) for part 5, division 6—see section 214B(1). show cause period, for part 4, division 6, see section 140(2)(d). single site linked jackpot arrangement means a linked jackpot arrangement linking gaming machines with gaming machines on the same licensed premises. site controller, of a gaming machine, means an electronic device that, as a part of an electronic monitoring system, receives data directly from the gaming machine for the purpose of monitoring and controlling the operation of the gaming machine. subsidiary operator means— (a) an individual or body corporate to which the holder of a commercial special facility licence has, with the approval of the relevant chief executive— (i) let or sublet part of the commercial special facility premises; and (ii) let or sublet the right to sell liquor; or (b) an individual or body corporate with which the holder of a commercial special facility licence has, with the approval of the relevant chief executive— (i) entered into a franchise or management agreement for part of the commercial special facility premises; and (ii) let or sublet the right to sell liquor. substantial holding, in a body corporate, see the Corporations Act, section 9. suppliers audit program means an audit program, for investigating licensed suppliers, approved by the Minister under section 135. supplier's licence means— (a) a monitoring operator's licence; or (b) a major dealer's licence; or (c) a secondary dealer's licence; or (d) a testing facility operator's licence. supply operations, of a licensed supplier, means operations conducted by the licensed supplier under its supplier's licence. supporting material, for an additional premises application, means— (a) for the making of a recommendation under section 62(1), or the giving of advice under section 62(8), by the chief executive about the application—any information or document received by the chief executive in response to a notice given under section 62(2)(b) about the application; or (b) for the making of a decision by the commission under section 63 (1), or the fixing by the commission of a number of gaming machines under section 64, for the application— (i) any information or document mentioned in paragraph (a); or (ii) any information or document received by the commission in response to a notice given under section 63(2) about the application. supporting material, for an application for a gaming machine licence, means— (a) for the making of a recommendation under section 57(1), or the giving of advice under section 57(10), by the chief executive about the application—any information or document received by the chief executive in response to a notice given under section 57(2)(b) about the application; or (b) for the making of a decision by the commission under section 55 (1)(a), or the fixing by the commission of a number of gaming machines under section 59, for the application— (i) any information or document mentioned in paragraph (a); or (ii) any information or document received by the commission in response to a notice given under section 58(1) about the application. supporting material, for an application for a licence under part 5, means any information or document received by the chief executive in response to a notice given under section 200(3)(a) about the application. supporting material, for an increase application, means— (a) for the making of a recommendation by the chief executive under section 82 about the application—any information or document received by the chief executive in response to a notice given under subsection (3) of that section about the application; or (b) for the making of a decision by the commission under section 83 about the application— (i) any information or document mentioned in paragraph (a); or (ii) any information or document received by the commission in response to a notice given under section 83(2) about the application. testing operations, of a licensed testing facility operator, means operations conducted by the operator under the operator's licence. total approved number, of gaming machines, for 2 or more licensed premises to which a single gaming machine licence relates, means the number representing the total of each of the approved numbers of gaming machines for each of the premises. total wins meter means a device for recording amounts (other than amounts recorded on the progressive jackpot prize meter) that, if won by a player, would be— (a) payable to the player by the licensee; or (b) credited to the credit meter of the player's gaming machine. transferee licensed premises— (a) for part 3B, division 2, see section 109L; and (b) for part 3B, division 3, see section 109S. transferee licensee— (a) for part 3B, division 2, see section 109L; and (b) for part 3B, division 3, see section 109S. transferor licensed premises— (a) for part 3B, division 2, see section 109L; and (b) for part 3B, division 3, see section 109S. transferor licensee— (a) for part 3B, division 2, see section 109L; and (b) for part 3B, division 3, see section 109S. tribunal means QCAT. vehicle includes any motor vehicle, omnibus, coach, cart, sulky, bicycle, velocipede, train, railway carriage, aeroplane, airship, balloon, hovercraft or other means of conveyance or transit. vessel includes any ship, boat, punt, ferry, hovercraft and every other kind of vessel used or apparently designed for use in navigation. - NOTES Page Date to which amendments incorporated 485 Key 486 Table of reprints 486 Tables in earlier reprints 487 List of legislation 488 List of annotations 494 List of forms notified or published in the gazette 551 Tables of renumbered provisions 556 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 30 January 2012. Future amendments of the Gaming Machine Act 1991 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 1992 Act No. 68 7 December 1992 1 February 1993 2 1993 Act No. 63 1 December 1993 24 December 1993 3 1995 Act No. 58 28 November 1995 3 April 1996 3A 1996 Act No. 47 1 December 1996 3 December 1996 3B 1997 Act No. 34 1 August 1997 2 October 1997 4 1997 Act No. 81 5 December 1997 5 December 1997 4A 1998 Act No. 14 1 July 1998 8 July 1998 4B 1998 Act No. 11 1 October 1998 2 October 1998 4C 1999 Act No. 8 20 November 1998 6 April 1999 4D 1999 Act No. 19 30 April 1999 28 May 1999 5 2000 Act No. 16 2 July 2000 7 July 2000 5A 2000 Act No. 51 1 December 2000 15 December 2000 5B 2001 Act No. 50 2 August 2001 10 August 2001 5C 2001 Act No. 50 28 February 2002 28 February 2002 Reprint No. Amendments to Effective Reprint date 5D 2002 Act No. 17 17 May 2002 30 May 2002 Reprint No. Amendments included Effective Notes 5E 2002 Act No. 43 1 October 2002 5F 2002 Act No. 66 6 December 2002 R5F withdrawn, see R6 6 — 6 December 2002 6A 2003 Act No. 41 1 July 2003 6B 2004 Act No. 21 1 December 2004 2004 Act No. 21 (amd 2005 6C Act No. 12) 2005 Act No. 1 May 2005 12 6D 2005 Act No. 12 1 July 2005 R6D withdrawn, see R7 7 — 1 July 2005 7A 2006 Act No. 9 15 March 2006 7B 2005 Act No. 60 1 July 2006 7C 2007 Act No. 36 29 August 2007 7D 2007 Act No. 42 11 September 2007 7E 2008 Act No. 2 20 February 2008 7F 2008 Act No. 2 1 August 2008 R7F withdrawn, see R8 8 — 1 August 2008 8A 2008 Act No. 48 1 January 2009 8B 2009 Act No. 92009 Act No. 1 July 2009 22 8C 2009 Act No. 41 15 October 2009 8D 2009 Act No. 41 30 November 2009 8E 2009 Act No. 24 (amd 2009 1 December 2009 Act No. 48) 8F 2009 Act No. 41 2 December 2009 R8F withdrawn, see R9 9 — 2 December 2009 9A 2010 Act No. 22 1 July 2010 9B 2009 Act No. 41 17 September 2010 9C 2009 Act No. 41 1 October 2010 9D 2010 Act No. 51 1 July 2011 9E 2011 Act No. 38 1 January 2012 9F 2010 Act No. 44 30 January 2012 R9F withdrawn, see R10 10 — 30 January 2012 Name of table Reprint No. Changed names and titles 3 Corrected minor errors 3, 5, 8 Obsolete and redundant provisions 3 Renumbered provisions 1, 2, 5 (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)). Previous Renumbered as 3 2 4 3 5 4 6 5 6AA 6 6AB 7 6AC 8 6A 9 6B 10 6C 11 7 12 8 13 9 14 10 15 11 16 12 17 13 18 13(3A) 18(4) 13(4) 18(5) 13(5) 18(6) 13(6) 18(7) 13(7) 18(8) 15 20 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 24(7A) 29(8) 24(8) 29(9) 24(8)(ba) 29(9)(c) 24(8)(bb) 29(9)(d) 24(8)(c) 29(9)(e) 24(8)(d) 29(9)(f) 24(8)(e) 29(9)(g) 24(8)(f) 29(9)(h) 24(8)(g) 29(9)(i) 24(8)(ga) 29(9)(j) 24(8)(gb) 29(9)(k) 24(8)(h) 29(9)(l) 24(8)(i) 29(9)(m) 24(8)(j) 29(9)(n) 24(8)(k) 29(9)(o) 24(8)(l) 29(9)(p) 24(8)(m) 29(9)(q) 24(8)(n) 29(9)(r) 24(9) 29(10) 24(9)(aa) 29(10)(a) 24(9)(ab) 29(10)(b) 24(9)(a) 29(10)(c) 24(9)(b) 29(10)(d) 24(9)(c) 29(10)(e) 24(9)(d) 29(10)(f) 24(9)(e) 29(10)(g) 25 30 25A 31 25AA 32 25B 33 25B(1A) 33(2) 25B(2) 33(3) 25B(3) 33(4) 25B(4) 33(5) 25C 34 25D 35 25DA 36 25E 37 25F 38 26 39 27 40 28 41 28A 42 28B 43 28C 44 28D 45 28E 46 28F 47 28G 48 29 49 29(4) 49(3) 29(5) 49(4) 29(6) 49(5) 30A 50 30B 51 31 52 34 53 35 54 35(2A) 54(3) 35(2B) 54(4) 35(2C) 54(5) 35(3) 54(6) 35(4) 54(7) 35(6) 54(8) 35(7) 54(9) 38 55 38(1A) 55(2) 38(2) 55(3) 39 56 39(2A) 56(3) 39(2B) 56(4) 39(3) 56(5) 39(3)(j) 56(5)(i) 39(3)(k) 56(5)(j) 39(3)(l) 56(5)(k) 39(3)(m) 56(5)(l) 39(3)(n) 56(5)(m) 39(3)(o) 56(5)(n) 39(4) 56(6) 39(5) 56(7) 40 57 40A 58 40B 59 40C 60 41 61 41A 62 41B 63 41C 64 41D 65 42 66 42A 67 43 68 44 69 45 70 46 71 46(1A) 71(2) 46(1B) 71(3) 46(2) 71(4) 47 72 48 73 49 74 50 75 51 76 52 77 53 78 55 79 55A 80 55A(2A) 80(3) 55A(3) 80(4) 55A(4) 80(5) 56 81 56A 82 56B 83 56C 84 56D 85 57 86 57A 87 57B 88 57C 89 57D 90 58 91 58(4) 91(3) 58(5) 91(4) 58(6) 91(5) 58(7) 91(6) 58(8) 91(7) 58(9) 91(8) 59 92 60 93 61 94 62 95 63 96 64 97 64(1)(c)(v)(H) 97(1)(c)(v)(D) 64(1)(c)(v)(I) 97(1)(c)(v)(E) 64(1)(c)(v)(J) 97(1)(c)(v)(F) 64(1)(c)(v)(K) 97(1)(c)(v)(G) 64(1)(c)(v)(L) 97(1)(c)(v)(H) 64(3A) 97(4) 64(4) 97(5) 64(5) 97(6) 64(5A) 97(7) 64(5B) 97(8) 64(5C) 97(9) 64(6) 97(10) 64(7) 97(11) 64(8) 97(12) 64(9) 97(13) 64(10) 97(14) 64(11) 97(15) 64(12) 97(16) 64(12A) 97(17) 64(12B) 97(18) 64(13) 97(19) 64(14) 97(20) 64(15) 97(21) 64(16) 97(22) 64(16A) 97(23) 64(17) 97(24) 65 98 65A 99 66 100 66A 101 67 102 68 103 68A 104 68B 105 69 106 70 107 71 108 72 109 pt 3A pt 4 72A 110 72B 111 72E 112 72E(2)(i) 112(2)(h) 72E(2)(j) 112(2)(i) 72F 113 72G 114 72H 115 72H(3)(d) 115(3)(c) 72H(3)(e) 115(3)(d) 72H(3)(f) 115(3)(e) 72I 116 72J 117 72K 118 72L 119 72M 120 72O 121 72P 122 72Q 123 72R 124 72S 125 72SA 126 72T 127 72U 128 72V 129 72W 130 72X 131 72Y 132 72Z 133 72ZA 134 72ZB 135 72ZC 136 72ZE 137 72ZF 138 72ZG 139 72ZG(1)(b) 139(1)(a) 72ZG(1)(c) 139(1)(b) 72ZG(1)(d) 139(1)(c) 72ZG(1)(e) 139(1)(d) 72ZG(1)(f) 139(1)(e) 72ZG(1)(g) 139(1)(f) 72ZH 140 72ZI 141 72ZI(1A) 141(1) 72ZI(1) 141(2) 72ZI(2) 141(3) 72ZI(3) 141(4) 72ZI(4) 141(5) 72ZI(5) 141(6) 72ZI(6) 141(7) 72ZJ 142 72ZK 143 72ZL 144 72ZM 145 72ZN 146 72ZO 147 72ZO(1A) 147(2) 72ZO(2) 147(3) 72ZO(3) 147(4) 72ZO(4) 147(5) 72ZP 148 72ZP(1A) 148(2) 72ZP(2) 148(3) 72ZP(3) 148(4) 72ZP(4) 148(5) 72ZP(5) 148(6) 72ZQ 149 72ZR 150 72ZRA 151 72ZS 152 72ZS(3A) 152(4) 72ZS(4) 152(5) 72ZS(5) 152(6) 72ZS(6) 152(7) 72ZS(7) 152(8) 72ZT 153 72ZU 154 72ZV 155 72ZVA 156 72ZVB 157 72ZW 158 72ZX 159 72ZY 160 72ZZ 161 72ZZAA 162 div 7A div 8 72ZZA 163 72ZZB 164 72ZZC 165 72ZZD 166 72ZZE 167 72ZZF 168 72ZZG 169 72ZZH 170 72ZZI 171 72ZZJ 172 72ZZK 173 72ZZL 174 72ZZM 175 72ZZN 176 72ZZO 177 72ZZP 178 72ZZPA 179 72ZZQ 180 72ZZQ(3A) 180(4) 72ZZQ(4) 180(5) 72ZZQA 181 div 8 div 9 72ZZR 182 72ZZRA 183 72ZZRB 184 pt 4 pt 5 72ZZS 185 72ZZT 186 73 187 74 188 75 189 75A 190 76 191 76A 192 76B 193 76C 194 76D 195 76E 196 76F 197 77 198 77(7) 198(6) 77(8) 198(7) 77(8), def "employment notice", for an application for a key monitoring employee's licence, (b) 198(7), def "employment notice", (a) 77(8), def "employment notice", for an application for a key monitoring employee's licence, (c) 198(7), def "employment notice", (b) 77(8), def "employment notice", for an application for a repairer's licence, (b) 198(7), def "employment notice", (a) 77(8), def "employment notice", for an application for a repairer's licence, (c) 198(7), def "employment notice", (b) 78 199 79 200 80 201 81 202 82 203 82(1A) 203(2) 82(1B) 203(3) 82(2) 203(4) 83 204 84 205 85 206 86 207 87 208 88 209 89 210 90 211 90A 212 90B 213 90C 214 91 215 91A 216 92 217 92(8) 217(7) 92(9) 217(8) 92(10) 217(9) 92(11) 217(10) 92(11A) 217(11) 93 218 94 219 94(1)(b)(ia) 219(1)(b)(ii) 94(1)(b)(ii) 219(1)(b)(iii) 94(1)(b)(iii) 219(1)(b)(iv) 94(1)(b)(iv) 219(1)(b)(v) 94(1)(b)(v) 219(1)(b)(vi) 94(1)(b)(vi) 219(1)(b)(vii) 94(3A) 219(4) 94(4) 219(5) 94(5) 219(6) 94(5A) 219(7) 94(5B) 219(8) 94(5C) 219(9) 94(6) 219(10) 94(7) 219(11) 94(8) 219(12) 94(9) 219(13) 94(10) 219(14) 94(11) 219(15) 94(12) 219(16) 94(12A) 219(17) 94(12B) 219(18) 94(13) 219(19) 94(14) 219(20) 94(15) 219(21) 94(16) 219(22) 94(17) 219(23) 95 220 96 221 96A 222 96B 223 97 224 pt 5 pt 6 98 225 98A 226 99 227 100 228 100(4) 228(3) 100(5) 228(4) 100A 229 100B 230 101 231 101(2A) 231(3) 101(2B) 231(4) 101(2C) 231(5) 101(2D) 231(6) 101(3) 231(7) 101(4) 231(8) 101(5) 231(9) 101AA 232 101A 233 102 234 103 235 104 236 105 237 106 238 107 239 108 240 109 241 110 242 110A 243 111 244 111A 245 111B 246 111C 247 111D 248 111E 249 112 250 113 251 114 252 114(l) 252(k) 118 253 119 254 120 255 121 256 122 257 123 258 124 259 125 260 126 261 127 262 128 263 129 264 pt 6 pt 7 135 265 135(1A) 265(2) 135(1B) 265(3) 135(1C) 265(4) 135(1D) 265(5) 135(1E) 265(6) 135(1F) 265(7) 135(2) 265(8) 135(3) 265(9) 135(4) 265(10) 135(5) 265(11) 135(6) 265(12) 135(6A) 265(13) 135A 266 136 267 136(1)(b)(ia) 267(1)(b)(ii) 136(1)(b)(ii) 267(1)(b)(iii) 137 268 138 269 139 270 140 271 141 272 141A 273 141B 274 141C 275 141D 276 142A 277 143 278 144 279 145 280 146 281 146A 282 146B 283 147 284 148 285 148A 286 149 287 149(1A) 287(1) 149(1) 287(2) 149(2) 287(3) 149(7A) 287(8) 149(8) 287(9) 149(9) 287(10) 149A 288 150 289 151 290 152 291 153 292 153(6) 292(5) 154 293 155 294 pt 7 pt 8 156 295 156(2A) 295(3) 156(3) 295(4) 157 296 157A 297 158 298 159 299 160 300 160A 301 161 302 161A 303 161B 304 161C 305 161D 306 161E 307 161F 308 162 309 pt 8 pt 9 163 310 164 311 165 312 166 313 167 314 168 315 168(1A) 315(2) 168(1B) 315(3) 168(2) 315(4) 168(3) 315(5) 169 316 170 317 170(1A) 317(2) 170(1B) 317(3) 170(2) 317(4) 170(3) 317(5) 170A 318 171 319 172 320 173 321 174 322 175 323 176 324 176(1A) 324(2) 176(2) 324(3) 177 325 pt 9 pt 10 179 326 180 327 180A 328 181 329 181(7) 329(4) 181(8) 329(5) 181(9) 329(6) 181(10) 329(7) 181(11) 329(8) 181(12) 329(9) 181(13) 329(10) 181(14) 329(11) 181(15) 329(12) 182 330 182A 331 182B 332 182C 333 182D 334 183 335 184 336 185 337 pt 10 pt 11 186 338 186(2A) 338(3) 186(2B) 338(4) 186(3) 338(5) 186(4) 338(6) 187 339 188 340 188A 341 189 342 190 343 191 344 192 345 193 346 194 347 194(1A) 347(2) 194(2) 347(3) 194(3) 347(4) 194(4) 347(5) 194(5) 347(6) 194(6) 347(7) 195 348 196 349 197 350 199 351 200 352 203 353 204 354 205 355 206 356 207 357 208 358 209 359 210 360 211 361 212 362 213 363 213A 364 214 365 215 366 215(2)(d) 366(2)(c) 215(2)(e) 366(2)(d) 215(2)(f) 366(2)(e) 215(2)(g) 366(2)(f) 215(2)(h) 366(2)(g) 215(2)(i) 366(2)(h) 215(2)(j) 366(2)(i) 215(2)(k) 366(2)(j) 215(2)(ka) 366(2)(k) 216 367 pt 11 pt 12 218 368 219 369 220 370 221 371 222 372 223 373 224 374 225 375 226 376 227 377 228 378 229 379 230 380 231 381 232 382 233 383 234 384 235 385 236 386 237 387 238 388 239 389 240 390 241 391 Previous Renumbered as 1.1 1 1.2 2 1.3 3 1.3A 4 1.3B 5 1.3C 6 1.3C(a)(va) 6(a)(vi) 1.3C(a)(vi) 6(a)(vii) 1.3C(a)(vii) 6(a)(viii) 1.3C(a)(viii) 6(a)(ix) 1.3C(a)(ix) 6(a)(x) 1.3C(a)(x) 6(a)(xi) 1.3C(a)(xi) 6(a)(xii) 1.3C(a)(xii) 6(a)(xiii) 1.3C(a)(xiii) 6(a)(xiv) 1.3C(a)(xiv) 6(a)(xv) 1.3D 7 1.4 8 1.5 9 2.1 10 2.2 11 2.3 12 2.4 13 2.5 14 2.6 15 2.7 16 2.8 17 2.9 18 2.10 19 2.11 20 2.12 21 2.13 22 2.14 23 2.14(2A) 23(3) 2.14(2B) 23(4) 2.14(3) 23(5) 2.15 24 2.15(6A) 24(7) 2.15(7) 24(8) 2.16 25 2.17 26 2.17(5) 26(4) 2.18 27 2.19 28 2.20 29 2.21 30 2.22 31 2.23 32 2.24 33 2.25 34 2.26 35 2.27 36 2.28 37 3.1 38 3.2 39 3.2(3)(ha) 39(3)(i) 3.2(3)(i) 39(3)(j) 3.2(3)(j) 39(3)(k) 3.2(3)(k) 39(3)(l) 3.2(3)(l) 39(3)(m) 3.2(3)(m) 39(3)(n) 3.2(3)(n) 39(3)(o) 3.3 40 3.3(1A) 40(2) 3.3(2) 40(3) 3.3(3) 40(4) 3.3(4) 40(5) 3.3(5) 40(6) 3.3(5A) 40(7) 3.3(6) 40(8) 3.3(6A) 40(9) 3.3(6B) 40(10) 3.3(6C) 40(11) 3.3(7) 40(12) 3.3(7A) 40(13) 3.3(8) 40(14) 3.3(9) 40(15) 3.3A 41 3.3B 42 3.4 43 3.5 44 3.5(4) 44(3) 3.5(5) 44(4) 3.5(6) 44(5) 3.6 45 3.7 46 3.8 47 3.9 48 3.10 49 3.11 50 3.12 51 3.12(3A) 51(4) 3.12(3B) 51(5) 3.12(4) 51(6) 3.12A 52 3.13 53 3.14 54 3.15 55 3.16 56 3.16(5A) 56(6) 3.16(6) 56(7) 3.16(7) 56(8) 3.16(8) 56(9) 3.17 57 3.17(1A) 57(2) 3.17(2) 57(3) 3.17(3) 57(4) 3.17(4) 57(5) 3.18 58 3.18(1A) 58(2) 3.18(1B) 58(3) 3.18(2) 58(4) 3.18(2A) 58(5) 3.18(3) 58(6) 3.18(4) 58(7) 3.18(5) 58(8) 3.18(6) 58(9) 3.19 59 3.20 60 3.21 61 3.22 62 3.22(3A) 62(4) 3.22(4) 62(5) 3.22(5) 62(6) 3.23 63 3.24 64 3.25 65 3.26 66 3.27 67 3.28 68 3.29 69 3.30 70 3.31 71 3.32 72 4.1 73 4.2 74 4.3 75 4.4 76 4.4(1A) 76(2) 4.4(2) 76(3) 4.4(3) 76(4) 4.4(3A) 76(5) 4.4(4) 76(6) 4.4(5) 76(7) 4.5 77 4.6 78 4.7 79 4.7(1A) 79(2) 4.7(2) 79(3) 4.7(3) 79(4) 4.7(3A) 79(5) 4.7(4) 79(6) 4.8 80 4.9 81 4.10 82 4.11 83 4.12 84 4.13 85 4.14 86 4.14(3A) 86(4) 4.14(4) 86(5) 4.14(5) 86(6) 4.15 87 4.16 88 4.17 89 4.18 90 4.19 91 4.20 92 4.21 93 4.22 94 4.23 95 4.24 96 4.25 97 5.1 98 5.2 99 5.3 100 5.4 101 5.5 102 5.6 103 5.7 104 5.7(3A) 104(4) 5.7(4) 104(5) 5.7(5) 104(6) 5.8 105 5.9 106 5.10 107 5.11 108 5.12 109 5.13 110 5.14 111 5.15 112 5.16 113 5.17 114 5.17(ja) 114(k) 5.17(k) 114(l) 5.19 115 5.20 116 5.21 117 5.22 118 5.23 119 5.24 120 5.25 121 5.26 122 5.27 123 5.28 124 5.29 125 5.30 126 5.31 127 5.32 128 5.33 129 6.1 130 6.2 131 6.3 132 6.4 133 6.5 134 6.6 135 6.7 136 6.8 137 6.9 138 6.10 139 6.11 140 6.12 141 6.13 142 6.14 143 6.15 144 6.16 145 6.16(3A) 145(4) 6.16(4) 145(5) 6.16(5) 145(6) 6.16(6) 145(7) 6.16(7) 145(8) 6.16(7A) 145(9) 6.16(8) 145(10) 6.16(9) 145(11) 6.16(10) 145(12) 6.17 146 6.18 147 6.19 148 6.20 149 6.21 150 6.22 151 6.23 152 6.24 153 6.25 154 6.26 155 7.1 156 7.2 157 7.3 158 7.4 159 7.5 160 7.6 161 7.6(2A) 161(3) 7.6(3) 161(4) 7.6(4) 161(5) 7.6(4A) 161(6) 7.7 162 8.1 163 8.2 164 8.3 165 8.4 166 8.5 167 8.5A 168 8.5B 169 8.6 170 8.6(1)(c)(iva) 170(1)(c)(v) 8.6(1)(c)(v) 170(1)(c)(vi) 8.7 171 8.8 172 8.9 173 8.10 174 8.11 175 8.12 176 8.13 177 8.14 178 9.1 179 9.2 180 9.2(1A) 180(2) 9.2(2) 180(3) 9.3 181 9.3(5A) 181(6) 9.3(6) 181(7) 9.3(6A) 181(8) 9.3(6B) 181(9) 9.3(6C) 181(10) 9.3(7) 181(11) 9.3(8) 181(12) 9.3(9) 181(13) 9.3(10) 181(14) 9.3(11) 181(15) 9.4 182 9.5 183 9.6 184 9.7 185 10.1 186 10.2 187 10.3 188 10.4 189 10.4(4A) 189(5) 10.4(5) 189(6) 10.5 190 10.6 191 10.7 192 10.8 193 10.9 194 10.10 195 10.11 196 10.11(2A) 196(3) 10.11(3) 196(4) 10.11(4) 196(5) 10.12 197 10.13 198 10.14 199 10.14(1A) 199(2) 10.14(2) 199(3) 10.14(3) 199(4) 10.15 200 10.16 201 10.16(1A) 201(2) 10.16(2) 201(3) 10.16(3) 201(4) 10.16(4) 201(5) 10.16(5) 201(6) 10.17 202 10.17(1A) 202(2) 10.17(2) 202(3) 10.17(2A) 202(4) 10.17(2B) 202(5) 10.17(3) 202(6) 10.18 203 10.19 204 10.21 205 10.22 206 10.22(4A) 206(5) 10.22(5) 206(6) 10.22(6) 206(7) 10.23 207 10.24 208 10.25 209 10.26 210 10.27 211 10.28 212 10.29 213 10.30 214 10.31 215 10.32 216 [../images/GamingMachA91-6.gif]