Queensland Consolidated Acts

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GAMING MACHINE ACT 1991 - SECT 56B

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.



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