Australian Capital Territory Current Acts

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GAMING MACHINE ACT 2004 - SECT 23

Authorisation certificate for class C gaming machines—decision on application

    (1)     This section applies if the commission receives an authorisation certificate application for class C gaming machines.

    (2)     The commission must issue an authorisation certificate to the applicant if satisfied on reasonable grounds—

        (a)     that the applicant holds a class C licence; and

        (b)     the gaming rules and control procedures the applicant has adopted for the purpose of controlling the operation of gaming machines are adequate for that purpose; and

        (c)     taking into consideration the social impact assessment for the application and any submission made on the assessment within the comment period under section 13 (Social impact assessment—publication), the issue of the authorisation certificate is appropriate.

    (3)     However, the commission must not issue an authorisation certificate to the applicant if the premises for which the authorisation certificate is sought are located in—

        (a)     Molonglo Valley; or

        (b)     an undeveloped area.

    (4)     The commission must issue the authorisation certificate for the number of authorisations for gaming machines stated in the application if satisfied on reasonable grounds that the size and layout of the proposed gaming area are suitable for the installation of the number of gaming machines for which the authorisation certificate is sought.

    (5)     The commission may issue the authorisation certificate for a lower number of authorisations for gaming machines than the number stated in the application if satisfied that the size and layout of the proposed gaming area are suitable for the installation of the lower number of gaming machines.

Note     The commission may refuse to issue an authorisation certificate to a club if a ground for refusing to issue the certificate exists (see s 24).

    (6)     In deciding the maximum number of authorisations for gaming machines under an authorisation certificate, the commission must consider the following:

        (a)     the size and layout of the premises the application relates to;

        (b)     the size and layout of the proposed gaming area;

        (c)     the number of club members worked out under a regulation;

Note     Member , of a club, does not include a temporary member (see dict).

        (d)     the ratio of club members to the maximum number of authorisations for gaming machines sought by the licensee;

        (e)     the extent to which the club has contributed to, or is likely to contribute to, the community and supported and benefited the community;

        (f)     the social impact assessment for the application for the authorisation certificate and any submission made on the assessment within the comment period under section 13.

Note     Maximum number , of authorisations—see the dictionary.

    (7)     In deciding whether a proposed gaming area is suitable for the installation of the number of gaming machines the licensee may have under an authorisation certificate, the commission must consider harm minimisation strategies for patrons.

    (8)     The commission may consider anything else prescribed by regulation.



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