New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 136D

136D Approved ancillary CMS services

(1) The Minister may, on application by a CMS licensee, approve the provision of additional services by the CMS licensee in relation to the management and operation of an authorised CMS or the use of CMS infrastructure or CMS information.

(2) If the Minister receives an application under this section, the Minister is to--

(a) provide a draft determination to the CMS licensee not more than 60 days after the receipt of the application either rejecting the application or approving the proposed service, and

(b) invite the licensee to provide submissions in relation to the draft determination, and

(c) consider any written submissions provided by the licensee in relation to the draft determination (within 14 days after providing the draft determination to the licensee), and

(d) provide reasons for the draft determination.

(3) An approval under this section may make provision for or with respect to the following--

(a) the terms and conditions applicable to the provision of the approved ancillary CMS service,

(b) the use of CMS infrastructure or CMS information,

(c) the period that the approved ancillary CMS service may be provided,

(d) the payment of fees in relation to the provision of the approved ancillary CMS service,

(e) the persons to whom the approved ancillary CMS service may be provided,

(f) the terms of any agreement between the CMS licensee and any other person in relation to the provision of the approved ancillary CMS service,

(g) any other matter prescribed by the regulations.

(4) The Minister is, as soon as practicable after approving under this section additional services by the CMS licensee, to cause a copy of the approval--

(a) to be published in the Gazette, and

(b) to be laid before both Houses of Parliament.

(5) If the Minister has not made a determination in relation to an application under this section within 60 days after providing the draft determination--

(a) the Minister may, by notice to the CMS licensee, extend the time for determining the application by 20 days, and

(b) if the Minister does not extend the time under paragraph (a), the Minister is taken to have refused the application.

(6) A determination of the Minister to grant or refuse an application under this section must include reasons for the determination.

(7) In determining whether to approve an application under this section, the Minister may--

(a) require the CMS licensee to provide further information in relation to the applicant, and

(b) consult with such persons as the Minister thinks fit.