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This is a Bill, not an Act. For current law, see the Acts databases.
Gaming Machines Amendment
(Transfer of Poker Machine
Entitlements) Bill 2006
No , 2006
A Bill for
An Act to amend the Gaming Machines Act 2001 to make further provision in
relation to the transfer of poker machine entitlements allocated in respect of a
hotelier's licence.
Gaming Machines Amendment (Transfer of Poker Machine Entitlements)
Clause 1 Bill 2006
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Gaming Machines Amendment (Transfer of Poker 3
Machine Entitlements) Act 2006. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Amendment of Gaming Machines Act 2001 No 127 7
The Gaming Machines Act 2001 is amended as set out in Schedule 1. 8
4 Repeal of Act 9
(1) This Act is repealed on the day following the day on which this Act 10
commences. 11
(2) The repeal of this Act does not, because of the operation of section 30 12
of the Interpretation Act 1987, affect any amendment made by this Act. 13
Page 2
Gaming Machines Amendment (Transfer of Poker Machine Entitlements)
Bill 2006
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 19 Transfer of poker machine entitlements 3
Omit section 19 (5). Insert instead: 4
(5) For the purposes of subsection (3) (c), a person is taken to have a 5
financial interest in a hotelier's licence if: 6
(a) the person is entitled to receive any income derived from 7
the business carried on under the authority of the licence or 8
any other financial benefit or financial advantage from the 9
carrying on of the business (whether the entitlement arises 10
at law or in equity or otherwise), or 11
(b) in the case where the hotel to which the licence relates is 12
subject to a lease or other arrangement the terms of which 13
expressly provide for an application to be made to transfer 14
the licence to the owner of the hotel (or the owner's 15
nominee) on the expiration of the lease or arrangement-- 16
the person is the owner of the hotel. 17
[2] Section 19 (6) 18
Omit "However". Insert instead "Subject to subsection (5) (b)". 19
[3] Section 19 (7) 20
Insert after section 19 (6): 21
(7) A reference in subsection (5) (b) to the owner of a hotel includes, 22
in the case where the hotel is subject to a sublease, a reference to 23
the sublessor. 24
[4] Schedule 1 Savings, transitional and other provisions 25
Insert at the end of clause 1 (1): 26
Gaming Machines Amendment (Transfer of Poker Machine 27
Entitlements) Act 2006 28
Page 3
Gaming Machines Amendment (Transfer of Poker Machine Entitlements)
Bill 2006
Schedule 1 Amendments
[5] Schedule 1, Part 9 1
Insert after Part 8: 2
Part 9 Provisions consequent on enactment of 3
Gaming Machines Amendment (Transfer of 4
Poker Machine Entitlements) Act 2006 5
33 Definition 6
In this Part: 7
amending Act means the Gaming Machines Amendment 8
(Transfer of Poker Machine Entitlements) Act 2006. 9
34 Pending applications for approval of transfer of poker machine 10
entitlements 11
The amendments made to this Act by the amending Act extend to 12
any application for the Board's approval of the transfer of a poker 13
machine entitlement made under section 19 that was pending 14
immediately before the date on which the Bill for the amending 15
Act was introduced into Parliament. 16
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