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GAMING MACHINE (REFORM) AMENDMENT ACT 2015 (NO. 21 OF 2015) - SECT 88

New part 20

insert

Part 20     Transitional—Gaming Machine (Reform) Amendment Act 2015

300     Definitions—pt 20

In this part:

"commencement day" means the day the Gaming Machine (Reform) Amendment Act 2015 , section 4 commences.

"old licence "means a licence

        (a)     issued under section 12 (Issue of licences) as in force before the commencement day; and

        (b)     in force immediately before the commencement day.

"old licence application" means an application for a licence made under section 10A (Initial licence applications—eligibility) as in force before the commencement day.

301     Old licences—class B gaming machines

    (1)     This section applies to an old licence that allows the operation of a class B gaming machine.

    (2)     The old licence is, on the commencement day, taken to be a licence issued under section 29 (Class B licence and authorisation certificate—decision on application)—

        (a)     in the same terms as the old licence; and

        (b)     subject to the same conditions as the old licence.

    (3)     As soon as practicable after the commencement day

        (a)     the licensee for the old licence must return it to the commission; and

        (b)     the commission must issue the licensee with—

              (i)     a licence for class B gaming machines; and

              (ii)     an authorisation certificate for each premises for which the licensee held the old licence; and

              (iii)     an authorisation schedule including details of gaming machines held under the old licence.

    (4)     The number of authorisations for gaming machines stated in the authorisation certificate issued for premises under subsection (3) (b) (ii) must be the number of gaming machines allowed under the old licence for the premises.

302     Old licences—class C gaming machines

    (1)     This section applies to an old licence that allows the operation of a class C gaming machine.

    (2)     The old licence is, on the commencement day, taken to be a licence issued under section 17 (Class C licence—decision on application)—

        (a)     in the same terms as the old licence; and

        (b)     subject to the same conditions as the old licence.

    (3)     As soon as practicable after the commencement day

        (a)     the licensee for the old licence must return it to the commission; and

        (b)     the commission must issue the licensee with—

              (i)     a licence for class C gaming machines; and

              (ii)     an authorisation certificate for each premises for which the licensee held the old licence; and

              (iii)     an authorisation schedule including details of gaming machines held under the old licence.

    (4)     The maximum number of authorisations for gaming machines stated in the authorisation certificate issued for premises under subsection (3) (b) (ii) must be the number of gaming machines allowed under the old licence for the premises.

303     Class B gaming machines—application

    (1)     This section applies if—

        (a)     before the commencement day

              (i)     a person applied for a licence for class B gaming machines under section 10A (Initial licence applications—eligibility) as in force before the commencement day; and

              (ii)     the application related to a business being purchased from the holder of a class B licence; and

              (iii)     the business was operated under a general licence or on licence; and

        (b)     immediately before the commencement day, the commission had not finally decided the application.

    (2)     The application is, on the commencement day, taken to be a class B licence and authorisation certificate application under section 28 (Licences and authorisation certificate for class B gaming machines—restricted application).

304     Class C gaming machines—application

    (1)     This section applies if—

        (a)     before the commencement day a person applied for a licence for class C gaming machines under section 10A (Initial licence applications—eligibility) as in force before the commencement day; and

        (b)     immediately before the commencement day, the commission had not finally decided the application.

    (2)     The application is, on the commencement day, taken to be a class C licence application under section 15 (Licence for class C gaming machines—application) and an authorisation certificate application under section 21 (Authorisation certificate for class C gaming machines—application).

305     Large-scale machine relocation amendment application

    (1)     This section applies if—

        (a)     before the commencement day, a licensee applied for a large-scale machine relocation amendment of an old licence under section 22 (1) (f) (Licence amendment—applications); and

        (b)     immediately before the commencement day, the commission had not finally decided the application.

    (2)     The application is, on the commencement day, taken to be an application under section 33 (1) (c) (Authorisation certificate amendment—application).

306     In-principle approval application

    (1)     This section applies if—

        (a)     before the commencement day, a licensee applied for an in-principle approval for a licence under section 38D (1) (In-principle approval—applications); and

        (b)     immediately before the commencement day, the commission had not finally decided the application.

    (2)     The application is, on the commencement day, taken to be an application under section 38B (1) (In-principle authorisation certificate—application) for an in-principle authorisation certificate.

307     Application to transfer in-principle approval

    (1)     This section applies if—

        (a)     before the commencement day, a licensee applied to transfer an in-principle approval for a licence to someone else under section 38O (1) (In-principle approval—application to transfer); and

        (b)     immediately before the commencement day, the commission had not finally decided the application.

    (2)     The application is, on the commencement day, taken to be an application under section 38H (1) (In-principle authorisation certificate—application to transfer).

308     Application for extension of in-principle approval

    (1)     This section applies if—

        (a)     before the commencement day, a licensee applied to extend an in-principle approval under section 38Q (1) (In-principle approval—application for extension); and

        (b)     immediately before the commencement day, the commission had not finally decided the application.

    (2)     The application is, on the commencement day, taken to be an application under section 38J (1) (In-principle authorisation certificate—application for extension).

309     Application to convert in-principle approval to licence

    (1)     This section applies if—

        (a)     before the commencement day, a licensee applied to have an in-principle approval for a licence converted into a licence under section 38T (1) (Conversion of in-principle approval to licence or amendment—application for extension); and

        (b)     immediately before the commencement day, the commission had not finally decided the application.

    (2)     The application is, on the commencement day, taken to be an application under section 38M (1) (Conversion of in-principle authorisation certificate to authorisation certificate—application) to have an in-principle authorisation certificate converted to an authorisation certificate.

310     Transitional regulations

    (1)     A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Gaming Machine (Reform) Amendment Act 2015 .

    (2)     A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive's opinion, is not, or is not adequately or appropriately, dealt with in this part.

    (3)     A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.

311     Expiry—pt 20

This part expires 4 years after the commencement day.

Note     Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act

, s 88).



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