New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 32A

32A Caps on gaming machine entitlements in particular areas

(1) In this section--

"Fairfield LGA" means the Fairfield local government area.

"restricted increase area" means any local statistical area of the State that is classified as a Band 3 LSA (not being an area within Fairfield LGA) and that the Authority determines from time to time to be a restricted increase area for the purposes of this section.

(2) The Authority may determine from time to time the maximum number of gaming machine entitlements to be permitted in Fairfield LGA or a restricted increase area and that number is the
"area cap" for the area concerned.

(3) The following restrictions apply to a threshold increase application for a venue in an area for which there is an area cap if granting the application would result in the total of the gaming machine thresholds for all the venues in the area exceeding the area cap--

(a) if the venue is in Fairfield LGA the application must not be granted,

(b) if the venue is in a restricted increase area the application can only be granted if the threshold increase application is not required to be accompanied by an LIA (as provided by section 35).

(4) For the purposes of a determination under this section of the total of the gaming machine thresholds for venues in an area, the gaming machine threshold for a venue is not to be reduced by a lease of gaming machine entitlements by the venue (with the result that for the purposes of this section the venue's gaming machine threshold is to be determined as if no gaming machine entitlements had been leased by the venue).

Note : Section 25B (Effect of lease of gaming machine entitlements) would otherwise result in the gaming machine threshold for the lessor venue being reduced by the number of entitlements leased.

(5) The following arrangements apply to determinations under this section--

(a) the Authority may vary or revoke a determination at any time,

(b) a determination and any variation or revocation of a determination must be notified by the Authority on a publicly available website.