Queensland Consolidated Acts Queensland Consolidated Acts(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).