Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if a licensee applies for a premises relocation amendment of an authorisation certificate.
Note Premises relocation amendment —see s 33 (1) (b).
(2) The commission may—
(a) amend the authorisation certificate; or
(b) refuse to amend the authorisation certificate.
Note 1 The commission may refuse to consider an application that is not properly completed. If the commission refuses to consider the application, it lapses (see s 9 (2)).
Note 2 If additional information in relation to an application is not given to the commission within the time required by the commission, the commission may refuse to consider the application. If the commission refuses to consider the application, it lapses (see s 9 (4)).
(3) If the commission refuses to amend the authorisation certificate, the commission must tell the applicant, in writing, the reasons for the decision.
Note For what must be included in a statement of reasons, see the Legislation Act
, s 179.
(4) In deciding whether to amend the authorisation certificate, the commission must consider the following:
(a) the application for the amendment;
(b) if the new premises are in another suburb—
(i) the social impact assessment for the application; and
(ii) each submission made about the social impact assessment within the comment period mentioned in section 13 (2) (Social impact assessment—publication).
(5) If the application is for a premises relocation amendment in relation to premises in another suburb, the commission must amend the authorisation certificate in accordance with the application if satisfied that—
(a) the size and layout of the new premises and the proposed gaming area are suitable for the operation of the number of gaming machines that would be allowed under the authorisation certificate; and
(b) a majority of the voting members of the applicant who voted in a ballot conducted under a regulation voted for the club relocating to the new premises; 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 (2), the amendment of the authorisation certificate is appropriate.
(6) However, if the commission is not satisfied under subsection (5) in relation to the maximum number of authorisations for gaming machines stated in the application, but would be satisfied under subsection (5) (a) or (c) in relation to a lower maximum, the commission may amend the authorisation certificate to allow a lower maximum number of authorisations for gaming machines at the new premises.
(7) If the application is for a premises relocation amendment in relation to premises in the same suburb, the commission must amend the authorisation certificate in accordance with the application if satisfied that the size and layout of the new premises and the proposed gaming area are suitable for the operation of the number of gaming machines that would be allowed under the authorisation certificate.
(8) However, if the commission is not satisfied under subsection (7) in relation to the maximum number of authorisations for gaming machines stated in the application, but would be satisfied in relation to a lower maximum, the commission may amend the authorisation certificate to allow a lower maximum number of authorisations for gaming machines at the new premises.