New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 21

21 Other provisions relating to transfer of gaming machine entitlements

(1) In the case of a hotel licence that relates to a country hotel, no more than 2 blocks of gaming machine entitlements held in respect of the licence may be transferred in any period of 12 months to a hotel licence held in relation to a hotel that is situated in a metropolitan area.

(1A) The forfeiture to the Authority of one gaming machine entitlement per transfer block is not required when gaming machine entitlements held in respect of the premises from which a hotel or club licence is removed under the Liquor Act 2007 are transferred to other premises if--

(a) those other premises are situated in the same local statistical area as the previous premises, or

(b) those other premises are situated in the same local government area as the previous premises and the classification of the local statistical area in which those other premises are situated is the same as or ranked lower than the classification of the local statistical area in which the previous premises were situated.

(2) If, in the case of a club that holds more than one club licence, gaming machine entitlements held in respect of one of those licences are transferred to another one of the club's licences, the forfeiture to the Authority of one entitlement per transfer block is not required.

Note : Section 19 (2) of the Liquor Act 2007 provides that each set of premises owned or occupied by a club must be separately licensed under that Act.

(3) If--

(a) an amalgamated club (within the meaning of the Registered Clubs Act 1976 ) de-amalgamates in accordance with Division 1B of Part 2 of that Act, and

(b) any gaming machine entitlements held in respect of the club licence for the relevant premises (as referred to in that Division) are, in connection with the de-amalgamation, transferred to the club licence held by the de-amalgamated club for those premises,

the forfeiture to the Authority of one entitlement per transfer block is not required.

(4) If for the time being the number of gaming machine entitlements held in respect of a club licence is 10 or less (
"the remaining entitlements" ), the club cannot transfer any of those remaining entitlements unless the transfer has been approved in principle at an extraordinary general meeting of the ordinary members of the club (being an approval supported by a majority of the votes cast at the meeting).

(5) If a liquidator has been appointed for a club and any gaming machine entitlements held in respect of any club licence held by the club are proposed to be transferred, the forfeiture to the Authority of one entitlement per transfer block is required.