Queensland Consolidated Acts

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GAMING MACHINE ACT 1991 - SECT 78

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.



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