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GAMING MACHINES ACT 2001 - SECT 35
Requirements relating to threshold increase applications
(1) Except as provided by this section, a threshold increase application must
be accompanied by a local impact assessment (
"LIA" ). An LIA, if required, is to be a
"class 1 LIA" or a
"class 2 LIA" as determined by this section.
(2) When LIA is not required A
threshold increase application is not required to be accompanied by an LIA if
the application is made together with a transfer or lease application and any
one or more of the following apply-- (a) the relevant venue is situated in a
Band 1 LSA and the threshold increase application, if approved, would not
result in the gaming machine threshold for the venue being increased, over any
period of 12 months, by a number that is more than the number corresponding to
a low-range increase for the venue,
(b) the relevant venue and the hotel or
club from which the gaming machine entitlements or permits are proposed to be
transferred or leased by the transfer or lease application (the
"transferring/lessor venue" ) are situated in the same local statistical area,
(c) the relevant venue and the transferring/lessor venue are situated in the
same local government area and the classification of the
local statistical area in which the transferring/lessor venue is situated is
the same as or ranked higher than the classification of the
local statistical area in which the relevant venue is situated,
(d) the
relevant venue and the transferring/lessor venue are situated in adjoining
local statistical areas (whether or not in the same local government area) and
the classification of the local statistical area in which the
transferring/lessor venue is situated is the same as or ranked higher than the
classification of the local statistical area in which the relevant venue is
situated.
(2A) For the purposes of subsection (2), a
"transfer or lease application" means either or both of the following-- (a) an
application under section 19 or 25 for the Authority's approval of the
transfer or lease of gaming machine entitlements to the relevant venue,
(b)
an application under and in accordance with the arrangements referred to in
section 26 for the acquisition by the relevant venue of permits.
(2B) If a
threshold increase application that is not required to be accompanied by an
LIA is approved, the applicant must within 1 month after the approval provide
a local impact statement for the venue (containing such information about the
venue and the impact of the approved increase as the Authority may determine)
to such persons and bodies as the applicant would have been required to notify
of the proposed application had it been required to be accompanied by a
class 2 LIA.
(3) When class 1 LIA is required A
threshold increase application must, unless subsection (2) applies in relation
to the application, be accompanied by a class 1 LIA if the relevant venue--
(a) is situated in a Band 1 LSA and the application is for a
mid-range increase in the gaming machine threshold for the venue, or
(b) is
situated in a Band 2 LSA and the application is for a low-range increase in
the gaming machine threshold for the venue.
(4) When class 2 LIA is required
A threshold increase application must, unless subsection (2) applies in
relation to the application, be accompanied by a class 2 LIA if the
relevant venue-- (a) is situated in a Band 1 LSA and the application is for a
high-range increase in the gaming machine threshold for the venue, or
(b) is
situated in a Band 2 LSA and the application is for a mid-range or
high-range increase in the gaming machine threshold for the venue, or
(c) is
situated in a Band 3 LSA.
(5) For the purposes of this section, a
"low-range increase" , a
"mid-range increase" or a
"high-range increase" in a gaming machine threshold for a venue is to be
determined in accordance with the regulations.
(6) The regulations may make
provision for or with respect to the following-- (a) the information to be
provided by an LIA,
(b) the requirements that must be complied with in
relation to an LIA, which may include a requirement to verify any information
by statutory declaration,
(c) the matters to be assessed or addressed by an
LIA,
(d) the advertising of LIAs,
(e) the making of submissions in relation
to LIAs.
(7) The regulations may also create exceptions to this section and
provide for the conditions to which any such exception is subject.
(8) Except
to the extent to which the regulations make provision, an LIA is to be
provided in the form and manner approved by the Authority.
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