(1) A class B licensee (the disposing licensee ) may dispose of 1 or more authorisations for class B gaming machines (a class B authorisation ) to—
(a) a class C licensee; or
(b) a class B licensee, or an applicant for a class B licence, who is purchasing the disposing licensee's business; or
(c) the casino licensee.
(2) The disposing licensee must notify the commission about the disposal of a class B authorisation to a class C licensee or the casino licensee.
Note 1 The disposal of a class B authorisation is a notifiable action (see pt 13A and sch 2).
Note 2 A notifiable action takes place—
(a) the prescribed number of days after the day the commission receives the notification (see s 173E (a)); or
(b) if the commission allows the notifiable action to take place on an earlier day—that day (see s 173E (b)); or
(c) if the commission asks for additional information under s 173E (c)—when the commission has notified the licensee that it is satisfied in relation to the additional information (see s 173E (c)).
(3) The disposing licensee commits an offence if—
(a) the disposing licensee sells a business to another person (the purchaser ); and
(b) the purchaser is not—
(i) a class B licensee; or
(ii) an applicant for a class B licence and authorisation certificate under section 28 (Licence and authorisation certificate for class B gaming machines—restricted application).
Maximum penalty: 100 penalty units.
(4) An offence against subsection (3) is a strict liability offence.
(5) Subsection (3) does not apply if the class B licensee took all reasonable steps to ascertain whether the purchaser was a person mentioned in subsection (3) (b).
Note 1 The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code
, s 58).
Note 2 A licensee who intends to acquire an authorisation from a class B licensee under this subdivision must tell the commission about the acquisition (see s 99).
(6) In this section:
"disposing licensee's business" means a business operated by the disposing licensee at authorised premises under a general or on licence.
(7) This section is subject to section 127F (Trading authorisations—forfeiture requirements).