Queensland Consolidated Acts Queensland Consolidated Acts(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.