Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Part 2A In-principle approvals for licences, venue relocation amendments and new venue amendments
Division 2A.1 Preliminary
38A Object—pt 2A
The object of this part is to allow a person to obtain authority to, if the in-principle approval is later converted into a licence or amendment, install and operate a number of gaming machines at an address at unleased land before—
(a) the person acquires an interest in the land or premises at the address; or
(b) plans are prepared for the premises proposed to be licensed at the address; or
(c) for a club—the voting members of the club vote in a ballot conducted under the regulation for the club having gaming machines at the address.
38B Definitions
In this Act:
"approval-holder" means a person who is a holder of an in-principle approval under this part.
"in-principle approval" means an in-principle approval for a—
(a) licence; or
(b) venue relocation amendment of a licence; or
(c) new venue amendment of a licence.
38C What is an in-principle approval ?
(1) An in-principle approval for a licence authorises the approval-holder to, if the approval is later converted into a licence under section 38U—
(a) acquire and dispose of the gaming machines reserved under the approval; and
(b) install and operate the gaming machines reserved under the approval on the licensed premises in accordance with the licence.
(2) An in-principle approval for a venue relocation amendment authorises the approval-holder to, if the approval is later converted into a venue relocation amendment under section 38V, relocate to the new venue.
(3) An in-principle approval for a new venue amendment authorises the approval-holder to, if the approval is later converted into a new venue amendment under section 38W—
(a) decrease the number of gaming machines allowed under 1 licence; and
(b) move the gaming machines to premises for which a new licence is to be issued.
Note A regular application for a:
• licence may be made under s 11
• venue relocation amendment may be made under s 22 (1) (d)
• new venue amendment may be made under s 22 (1) (g).
Division 2A.1 Applications for in-principle approvals
38D In-principle approval—applications
(1) A person may apply for an in-principle approval for a licence only if—
(a) the person—
(i) is not a club; or
(ii) is a club and either—
(A) does not hold a licence; or
(B) holds only 1 licence; and
(b) the land at the address for which the approval is sought is suitable land.
(2) A licensee may apply for an in-principle approval for a venue relocation amendment, or a new venue amendment, if the land at the address for which the approval is sought is suitable land.
(3) In this section:
"suitable land" means land that is—
(a) unleased land; and
(b) to be leased with a purpose clause permitting use of the land for 1 or more of the following:
(i) a club;
(ii) a drink establishment;
(iii) a hotel;
(iv) an indoor entertainment facility;
(v) a restaurant.
Note 1 If a form is approved under the Control Act, s 53D for an application, the form must be used.
Note 2 A fee may be determined under s 177 for an application.
38E In-principle approval—contents of applications
(1) An in-principle approval application—
(a) for a licence—
(i) must comply with the requirements for an application for a licence under section 11 (1), (2), (3) and (4); but
(ii) need not comply with—
(A) section 11 (1) (e) in relation to the kind, coin denomination and percentage payout of the gaming machines sought; or
(B) section 11 (2) (b) or (3) (d); and
(b) for a venue relocation amendment—
(i) must comply with the requirements for an application for a venue relocation amendment under section 23 (1) (a), (b), (c), (g) and (2); but
(ii) need not comply with section 23 (1) (g) (ii) (B) or (C); and
(c) for a new venue amendment—
(i) must comply with the requirements for an application for a new venue amendment under section 23 (1) (a), (b), (c), (j) and (2); but
(ii) need not comply with—
(A) section 23 (1) (j) (ii) (A) in relation to section 11 (2) (b) or (3) (d); or
(B) section 23 (1) (j) (ii) (D).
(2) The commission need not decide the application if the application is not in accordance with this section.
Division 2A.2 Issue of in-principle approvals
38F In-principle approval decision—licence
(1) This section applies if the commission receives an application for an in-principle approval for a licence under section 38D (1) (In-principle approval—applications).
(2) The commission must issue the in-principle approval if—
(a) satisfied that, were the application an application for a licence, the commission would issue the licence under section 12 (Issue of licences); and
(b) there are enough reservable gaming machines for the approval.
Example—enough machines to reserve number needed
A is issued an in-principle approval for 100 gaming machines at block 10, section 403, Bonner. There are now no gaming machines left in the pool. B applies for an in-principle approval for 80 gaming machines at the same address. The commission may issue the approval to B because 100 machines have already been reserved for that address under A's approval. (Later, whoever gets their approval converted into a licence first will actually get authority to install the gaming machines.)
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3) In making a decision under subsection (2) (a), the commission must disregard—
(a) section 12 (2) (a) in relation to section 20 (2) (a) (ii) and section 21 (1) (c); and
Note Under s 20 (2) (a) (ii) and s 21 (1) (c), a person may only be an eligible person if the person holds a general licence or on licence.
(b) section 12 (2) (b); and
(c) section 12 (5) (a) and (b).
(4) However, if there are some, but not enough, reservable gaming machines for the approval, and the commission is satisfied under subsection (2) (a), the commission may issue the in-principle approval in relation to a smaller number of machines.
Note An approval-holder may later apply for an amendment of the in-principle approval to increase the number of machines reserved under the approval under s 38M.
(5) In this section:
"reservable gaming machine", for an in-principle approval, means a gaming machine that is—
(a) in the pool of available gaming machines; or
Note Pool of available gaming machines —see s 36A.
(b) reserved under another in-principle approval for the same address.
38G In-principle approval decision—licence—no reservable gaming machines
(1) This section applies to an application for an in-principle approval for a licence if—
(a) there are no reservable gaming machines for the approval; and
(b) the commission would otherwise have issued an in-principle approval for a licence to the applicant under section 38F.
(2) The commission must—
(a) tell the applicant that there are no reservable gaming machines for the approval; and
(b) give the applicant a certificate (a certificate of suitability ) stating that the commission would otherwise have issued an in-principle approval for the licence to the applicant and that the number of machines to be reserved for the in-principle approval will be decided when—
(i) there are reservable gaming machines for the approval; or
(ii) the commission is considering the transfer of an in-principle approval or licence to the applicant under—
(A) section 38P (In-principle approval—transfer decision); or
(B) section 32 (Transfer of licence).
(3) In this section:
"reservable gaming machine", for an in-principle approval—see section 38F (5).
38H In-principle approval decision—venue relocation amendment
(1) This section applies if the commission receives an application for an in-principle approval for a venue relocation amendment under section 38D (2) (In-principle approval—applications).
(2) The commission must issue the in-principle approval if satisfied that, were the application an application for a venue relocation amendment, the commission would make the amendment under section 26A (Licence amendment decision—venue relocation amendment).
(3) In making a decision under subsection (2), the commission must disregard section 26A (2) (a) and (d).
38I In-principle approval decision—new venue amendment
(1) This section applies if the commission receives an application for an in-principle approval for a new venue amendment under section 38D (3) (In-principle approval—applications).
(2) The commission must issue the in-principle approval if satisfied that, were the application an application for a new venue amendment, the commission would make the amendment and issue the new licence under section 26D (Licence amendment decision—new venue amendment).
(3) In making a decision under subsection (2), the commission must disregard section 26D (2) (a) and (d) and (6) (b) and (c).
38J In-principle approval—form
(1) An in-principle approval must—
(a) be in writing; and
(b) state—
(i) the name of the approval-holder; and
(ii) the address, and block and section number, to which the in-principle approval applies; and
(iii) the number and class of gaming machines reserved under the in-principle approval.
(2) A regulation may prescribe other requirements about the form of an in-principle approval.
(3) An in-principle approval may include anything else the commission considers relevant.
38K In-principle approval—conditions
(1) An in-principle approval is subject to the condition that the approval-holder must take reasonable steps, during the term of the approval, to acquire an interest in the land, or premises, at the address to which the in-principle approval applies.
(2) An in-principle approval is also subject to any other condition—
(a) prescribed by regulation; or
(b) imposed by the commission when the in-principle approval is issued, extended or amended.
38L In-principle approval—term
(1) An in-principle approval comes into force on the day when it is issued.
(2) An in-principle approval expires 3 years after the day when it is issued.
Division 2A.3 Amendment, transfer, extension and surrender of in-principle approvals
38M In-principle approval—amendment
(1) An approval-holder may apply to the commission for an amendment only to—
(a) increase or decrease the number of gaming machines reserved under the in-principle approval; or
(b) remove or change a condition on the in-principle approval.
Note 1 If a form is approved under the Control Act, s 53D for an application, the form must be used.
Note 2 A fee may be determined under s 177 for an application.
(2) The application must—
(a) be in writing signed by the approval-holder; and
(b) set out the proposed amendment of the licence; and
(c) explain why the approval-holder is seeking the amendment; and
(d) for an application under subsection (1) (a) to increase the number of machines—be accompanied by a social impact assessment.
(3) A regulation may require an application to—
(a) include stated information; or
(b) be accompanied by stated documents.
(4) The commission need not decide the amendment application if the application is not in accordance with this section.
38N In-principle approval—amendment decision
(1) This section applies if the commission receives an application to amend an in-principle approval under section 38M.
(2) The commission must amend the in-principle approval in accordance with the application if satisfied that the commission would issue the in-principle approval, as proposed to be amended, under—
(a) for an amendment of an in-principle approval for a licence—section 38F (In-principle approval decision—licence); or
(b) for an amendment of an in-principle approval for a venue relocation amendment—section 38H (In-principle approval decision—venue relocation amendment); or
(c) for an amendment of an in-principle approval for a new venue amendment—section 38I (In-principle approval decision—new venue amendment).
38O In-principle approval—application to transfer
(1) An approval-holder may apply to the commission to transfer the in-principle approval to someone else (the proposed new approval-holder ).
(2) The application must—
(a) be in writing signed by both the approval-holder and the proposed new approval-holder; and
(b) state the full name and address of—
(i) if the proposed new approval-holder is an individual—the proposed new approval-holder; and
(ii) if the proposed new approval-holder is a corporation—each executive officer of the corporation.
(3) A regulation may require an application to—
(a) include stated information; or
(b) be accompanied by stated documents.
(4) The commission need not decide the application if the application is not in accordance with this section.
Note 1 If a form is approved under the Control Act, s 53D for an application, the form must be used.
Note 2 A fee may be determined under s 177 for an application.
38P In-principle approval—transfer decision
(1) This section applies if the commission receives an application to transfer an in-principle approval under section 38O.
(2) The commission must transfer the in-principle approval to the proposed new approval-holder if satisfied that, were the application an application for a licence by the proposed new approval-holder, the commission would issue the licence under section 12 (Issue of licences).
(3) In making a decision under subsection (2), the commission must disregard section 12 (2) (b) and (5) (a) and (b).
38Q In-principle approval—application for extension
(1) An approval-holder may apply to the commission to extend the term of an in-principle approval.
(2) The application must—
(a) be in writing signed by the approval-holder; and
(b) explain why the approval-holder is seeking the extension.
Note 1 If a form is approved under the Control Act, s 53D for an application, the form must be used.
Note 2 A fee may be determined under s 177 for an application.
(3) If an approval-holder applies to extend an in-principle approval under this section, the in-principle approval remains in force until the application is decided.
38R In-principle approval—extension decision
(1) This section applies if the commission receives an application for extension of an in-principle approval under section 38Q.
(2) The commission must extend the in-principle approval for a period not longer than 12 months if satisfied that the extension is needed for a good reason.
38S In-principle approval—surrender
An approval-holder may surrender the in-principle approval by giving written notice of the surrender to the commission.
Division 2A.4 Conversion of in-principle approvals
38T Conversion of in-principle approval to licence or amendment—application
(1) An approval-holder may apply to the commission to have—
(a) an in-principle approval for a licence converted into a licence; or
(b) an in-principle approval for a venue relocation amendment converted into a venue relocation amendment; or
(c) an in-principle approval for a new venue amendment converted into a new venue amendment.
(2) The application must—
(a) be in writing signed by the applicant; and
(b) be accompanied by evidence that the approval-holder has acquired an interest in the land, or premises, at the address to which the in-principle approval applies; and
(c) for a licence—
(i) comply with the requirements for an application for a licence under section 11 (2) (b) and (3) (d); and
(ii) state the following information for each reserved gaming machine sought under the application:
(A) the kind of machine;
(B) the machine's basic stake denomination;
(C) the percentage payout for the machine; and
(d) for a venue relocation amendment—comply with the requirements for an application for a venue relocation amendment under section 23 (1) (g) (ii) (B) and (C); and
(e) for a new venue amendment—comply with the requirements for an application for a new venue amendment under—
(i) section 23 (1) (j) (ii) (A) in relation to section 11 (2) (b); and
(ii) section 23 (1) (j) (ii) (D).
(3) A regulation may require an application to—
(a) include stated information; or
(b) be accompanied by stated documents.
(4) The commission need not decide the application if the application is not in accordance with this section.
Note 1 If a form is approved under the Control Act, s 53D for an application, the form must be used.
Note 2 A fee may be determined under s 177 for an application.
38U Conversion of in-principle approval to licence—decision
(1) This section applies if the commission receives an application for conversion of an in-principle approval for a licence into a licence under section 38T.
(2) The commission must convert the in-principle approval into a licence if satisfied that—
(a) the approval-holder has acquired an interest in the land, or premises, at the address to which the in-principle approval applies; and
(b) the size and layout of both the premises proposed to be licensed and the proposed gaming area are suitable for the operation of the gaming machines to be authorised under the licence; and
(c) if the approval-holder is a club—a majority of the voting members of the club who voted in a ballot conducted under the regulation voted for the club having gaming machines; and
(d) were the application an application for a licence under section 11, the commission would issue the licence under section 12 (Issue of licences).
(3) If an in-principle approval is converted into a licence under this section, the commission must issue a licence to the applicant in the same terms, and subject to the same conditions, as the in-principle approval.
(4) However, if the commission is not satisfied under subsection (2) (b) in relation to the kind, basic stake denomination or percentage payout of a machine stated in the application, but would be satisfied in relation to a different kind, basic stake denomination or percentage payout, the commission may convert the approval into a licence authorising a different kind, basic stake denomination or percentage payout for the machine.
38V Conversion of in-principle approval into venue relocation amendment—decision
(1) This section applies if the commission receives an application for conversion of an in-principle approval for a venue relocation amendment into a venue relocation amendment under section 38T.
(2) The commission must convert the in-principle approval into the amendment if satisfied that—
(a) the approval-holder has acquired an interest in the land, or premises, at the address to which the in-principle approval applies; and
(b) the size and layout of both the new venue and the proposed gaming area are suitable for the operation of the gaming machines to be authorised under the licence; and
(c) if the approval-holder is a club—a majority of the voting members of the club who voted in a ballot conducted under the regulation voted for the club relocating to the new venue; and
(d) were the application an application for a venue relocation amendment under section 22 (1) (d), the commission would make the amendment under section 26A (Licence amendment decision—venue relocation amendment).
(3) If an in-principle approval is converted into a venue relocation amendment under this section, the commission must amend the licence in the way proposed in the in-principle approval.
38W Conversion of in-principle approval into new venue amendment—decision
(1) This section applies if the commission receives an application for conversion of an in-principle approval for a new venue amendment into a new venue amendment under section 38T.
(2) The commission must convert the in-principle approval into the amendment if satisfied that—
(a) the approval-holder has acquired an interest in the land, or premises, at the address to which the in-principle approval applies; and
(b) the size and layout of both the new venue and the proposed gaming area are suitable for the operation of the gaming machines to be authorised under the licence; and
(c) a majority of the voting members of the club who voted in a ballot conducted under the regulation voted for the club having the proposed number of gaming machines at the new venue; and
(d) were the application an application for a new venue amendment, the commission would make the amendment and issue the new licence under section 26D (Licence amendment decision—new venue amendment).
(3) If an in-principle approval is converted into a new venue amendment under this section, the commission must—
(a) amend the licence in the way proposed in the in-principle approval; and
(b) issue a licence to the applicant in the same terms, and subject to the same conditions, as the in-principle approval.
38X Conversion—other in-principle approvals for the land or premises expire
(1) This section applies if the commission converts an in-principle approval under section 38T, section 38U or section 38V.
(2) All other in-principle approvals in relation to the land, or premises, to which the in-principle approval applied, expire.
(3) The commission must tell each approval-holder whose in-principle approval expires under subsection (2) that their in-principle approval has expired.