Northern Territory Explanatory Statements

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GAMING AND LIQUOR LEGISLATION AMENDMENT BILL 2015

This Bill creates the ability for gaming machine licence holders to apply for a transfer of that licence to another business in instances where the related liquor licence is also being transferred. Further, the Bill creates the ability for a gaming machine licence holder to apply for the substitution of the licence to a different venue in circumstances where the related liquor licence is also being substituted. The Bill also makes changes to the Liquor Act to give effect to Government policy that store liquor licences cannot apply for and be granted a variation to trade on Sundays.

NOTES ON CLAUSES

Part 1 Preliminary Matters

Clause 1. Short Title

This is a formal clause which provides for the citation of the Bill. The Bill when passed will be cited as the Gaming and Liquor Legislation Amendment Act 2015.

Clause 2. Commencement

This clause provides for the commencement of the Act.

Part 2 Amendment of Gaming Machine Act

Clause 3. Act amended

This clause provides for the Act being amended.

Clause 4. Section 3 amended

This clause inserts new definitions in Section 3.

Clause 5. Part 3, Division 1 heading inserted

This clause inserts a new Division heading into Part 3 after the Part 3 heading.

Clause 6. Part 3, Division 2 heading inserted

This clause inserts a new Division heading into Part 3 after section 23.

Clause 7. Sections 37 to 40 replaced

This clause repeals sections 37 to 40 and inserts Division 3 which provides a range of sections establishing a process for applications to transfer a gaming machine licence. A number of sections are included in the Division inserted and cover definition, who is eligible to make a transfer application, how such an application is made, what information must be included and what matters will be taken into account in making the decision. The relationship between gaming machine licences and liquor licences are also ensured through this Division, ensuring that an application for the transfer of a gaming machine licence is made following determination of the related liquor licence transfer application, and preventing the transfer if the liquor licence is not transferred. The inserted provisions also include a new Division 4 heading.

Clause 8. Part 3, Division 5 heading inserted

This clause inserts a new Division heading into Part 3 after section 40A.

Clause 9. Section 42 amended

This clause amends section 42 to clarify when a licensee is notified that an application for decrease in machines has been made in respect of their licence by someone other than the licensee.

Clause 10. Part 3, Division 6 inserted

This clause inserts Division 6 after section 42. The inserted sections establish the process for applications to substitute the venue to which a gaming machine licence is attached. The sections in the Division inserted cover definition, who is eligible to make a substitution application, how such an application is made, what information must be included, mandated requirement for a community impact analysis to be prepared, and what matters will be taken into account in making the decision.

The relationship between gaming machine licences and liquor licences are also ensured through this Division, ensuring that an application for the substitution of a gaming machine licence to a new venue is made following determination of the related liquor licence substitution application, and preventing approval of the substitution if the liquor licence is not also substituted.

Clause 11. Part 3, Division 7 heading inserted

This clause inserts a new Division heading into Part 3 after section 43.

Clause 12. Section 44 amended

This clause amends section 44 to ensure the duty imposed on applicants to disclose influential or beneficial parties at the time of making a transfer of substitution application.

Clause 13. Section 46 amended

This clause amends section 46 to impose the obligation on an applicant for a transfer of a gaming machine licence to notify the Director-General of Licensing if an executive officer or secretary of the application ceases or commences to hold office.

Clause 14. Part 3, Division 8 heading inserted

This clause inserts a new Division heading into Part 3 after section 46.

Clause 15. Section 49 amended

This clause amends section amends section 49 to establish the refusal of a transfer application as a ground for the cancellation or suspension of a gaming machine licence.

Clause 16. Part 3, Division 9 heading inserted

This clause inserts a new Division heading into Part 3 after section 52.

Clause 17. Section 174 amended

This clause amends section 174 to ensure the requirements relating to financial connections and interests of inspectors is extended to transfer applications.

Clause 18. Section 190 amended

This clause amends section 190 to ensure provisions relating to disclosure of criminal history apply not only to new applications but applications to transfer a gaming machine licence.

Clause 19. Schedule amended

This clause amends the Schedule to include decisions under section 39A or 42H, relating to an application for a transfer or substitution application as reviewable decisions.

Part 3 Amendment of Liquor Act

Clause 20. Act amended

This clause provides for the amendment to the Liquor Act.

Clause 21 Section 32A amended

This clause inserts a new section 32A(1A) which will prevent a store licence holder from applying under section 32A to vary the conditions of the licence to allow for Sunday trade. This section is to apply retrospectively.

Clause 22 Part XX inserted

This clause inserts Part XX which provides for the transitional matters for the Gaming and Liquor Legislation Amendment Act 2015.

Part 4 Amendment of Liquor Regulations

Clause 23. Regulations amended

This clause provides for amendments to the Liquor Regulations.

Clause 24. Regulation 4 amended

This clause amends regulation 4 by removing reference to (1AA) in regulation 4(1A) and clarifies the definition of store licence.

Part 5 Miscellaneous matters

Clause 25. Expiry of Act

This clause provides for the expiry of the Gaming and Liquor Legislation Amendment Act 2015.

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