Australian Capital Territory Current Acts

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GAMING MACHINE ACT 2004 - SECT 29

Class B licence and authorisation certificate—decision on application

    (1)     This section applies if the commission receives a class B licence and authorisation certificate application as a consequence of the sale of a business to the applicant.

    (2)     In deciding whether to issue a class B licence and authorisation certificate, the commission may consider any matter prescribed by regulation.

    (3)     The commission must issue a class B licence and authorisation certificate to the applicant if satisfied on reasonable grounds that the applicant is an eligible person.

Note 1     For eligibility of individuals, see s 6.

Note 2     For eligibility of corporations, see s 7.

    (4)     The commission must issue an authorisation certificate for each premises of the business for the number of authorisations for class B gaming machines the licensee who sold the business was authorised to have at the time of the sale, if satisfied on reasonable grounds—

        (a)     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; and

        (b)     that the applicant holds the appropriate licence under the Liquor Act 2010

for the premises for which the authorisation is to be issued; and

        (c)     if an on licence applies to the premises to which the application relates—the premises are used by people mainly for drinking alcohol; and

        (d)     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.

    (5)     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.



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