Victorian Current Acts Victorian Current Acts(1) Despite section 3.4.35, the Trustees may apply to the Minister for approval to transfer to Tattersall's the gaming operator's licence held by the Trustees.
(2) The Minister must refer the application to the Commission for its advice as to whether the application should be granted.
(3) Section 3.4.31 (except subsection (5)) and Division 1 of Part 4 of Chapter 10 apply to an application referred to the Commission under subsection (2) as if it were an application made to it by Tattersall's for the grant of a gaming operator's licence and the Commission, in determining its advice, must deal with the matter accordingly.
(4) The Commission must notify the Minister in writing of its advice and the reasons for that advice.
(5) The Minister must determine an application by either granting or refusing the application and must notify the Trustees in writing of his or her decision.
(6) The Minister may only grant an application if the advice of the Commission is that it should be granted.
(7) An application may be granted subject to any conditions that the Minister thinks fit.
(8) If the Minister grants the application, the Trustees may at any time transfer to Tattersall's the gaming operator's licence held by them.
(9) If, in accordance with this section, the Trustees transfer to Tattersall's the gaming operator's licence held by them—
(a) the licence continues in force for the balance of its term unless sooner cancelled under section 3.4.37;
(b) the licence is subject to the same conditions as those to which it was subject immediately before the transfer and, under section 3.4.35, is not transferable to any other person;
(c) Tattersall's has all the rights, liabilities and obligations under the licence and Chapter 3 and, to the extent that they relate to the gaming operator's licence, the regulations that the Trustees had immediately before the transfer;
(d) for the purposes of the formula in section 3.4.33(3) any reference in the definition of "B" to the former licensee includes, in relation to Tattersall's, a reference to the Trustees;
(e) without limiting paragraph (c), Parts 6 and 7 of Chapter 3 apply in relation to Tattersall's as if it and the Trustees were the one gaming operator for the whole of any financial year in the course of which the transfer took effect and any relevant part of the preceding or current financial year;
(f) Tattersall's must continue to keep and retain any records or other documents that the Trustees were required to keep and retain under sections 3.7.4 and 3.7.5 before the transfer;
(g) despite anything to the contrary in section 3.9.1, a declaration under that section of a wholly-owned subsidiary of the Trustees as the declared operator of the licence continues to have effect if the declared operator is, on and after the transfer, a wholly-owned subsidiary of Tattersall's.
(10) The Trustees must immediately notify the Minister in writing of the transfer to Tattersall's of the gaming operator's licence in accordance with this section and of the date of the transfer.
(11) A notification under subsection (10) must be accompanied by a copy of the transfer instrument or by another document evidencing the transfer.
S. 12.3.3 inserted by No. 54/2004 s. 4.