Queensland Numbered Acts

FISCAL REPAIR AMENDMENT ACT 2012 No. 25 - SECT 64

Sections 82 to 84—

omit, insert—

'(1) The commissioner must consider an increase application (gaming machines) received by the commissioner before approving, or refusing to approve, the application.

'(2) In considering the increase application, the commissioner may, by written notice given to the applicant, require the applicant, within a reasonable time stated in the notice, to give the commissioner further information or a document that is necessary and reasonable to help the commissioner consider the application.

'(3) Also, in considering the increase application, the commissioner—

(a) must have regard to—

(i) the increased number of gaming machines sought in the application; and

(ii) any supporting material for the application; and

(iii) any relevant community comments on the application; and

(b) may have regard to—

(i) the liquor consumption on the premises to which the application relates; and

(ii) the monthly taxable metered win of gaming machines currently operated on the premises; and

(iii) the hours and days when the premises are open for the sale of liquor; and

(iv) the size and layout of, and facilities on, the premises, together with any proposed changes to, or relocation of, the gaming machine areas of the premises; and

(v) the nature or character of the premises; and

(vi) the general use of the premises or the enjoyment of persons using the premises; and

(vii) the public interest; and

(viii) any other matters the commissioner considers relevant.

'(1) The commissioner may, in relation to an increase application (gaming machines)—

(a) approve, by a stated number, an increase in the approved number of gaming machines for the licensed premises of the licensee; or

(b) refuse to approve an increase in the approved number.

'(2) In making the decision, the commissioner must have regard to the matters the commissioner had regard to in considering the increase application under section 82.

'(3) The commissioner must refuse to approve an increase if—

(a) the application relates to category 2 licensed premises; and

(b) any of the endorsed number of entitlements for the licensed premises are, at the time the application is made, transferred under part 3B, division 3 for use on a temporary basis at other category 2 licensed premises.

'(4) The commissioner may refuse to approve an increase if the applicant, without a reasonable excuse, fails to comply with a requirement of the commissioner under section 82(2).

'(5) If the commissioner approves an increase that is equal to the increase sought in the application, the commissioner must immediately give written notice of the decision to the licensee.

'(6) If the commissioner refuses to approve an increase, or approves an increase that is less than the increase sought in the application, the commissioner must immediately give the licensee an information notice for the decision.

'(7) If the approved number of gaming machines for licensed premises has been fixed (or increased or decreased) within the last 12 months, the commissioner may only approve an increase in the approved number of gaming machines if there are exceptional reasons for the increase.'.