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GAMBLING REGULATION ACT 2003 - SECT 3.4.20

Consideration and making of amendment

    (1)     Without limiting the matters which the Commission may consider in deciding whether to make a proposed amendment, the Commission must not amend a venue operator's licence unless—

        (a)     the Commission is satisfied that the amendment of the licence does not conflict with a direction, if any, given under section 3.2.3; and

S. 3.4.20(1)(b) amended by No. 39/2007 s. 10.

        (b)     if the proposed amendment will result in an increase in the number of gaming machines permitted in an approved venue, the Commission is satisfied that the regional limit or municipal limit for gaming machines for the region or municipal district in which the approved venue is located will not be exceeded by the making of the amendment; and

        (c)     if the proposed amendment will result in an increase in the number of gaming machines permitted in an approved venue, the Commission is satisfied that the net economic and social impact of the amendment will not be detrimental to the well-being of the community of the municipal district in which the approved venue is located; and

        (d)     if premises are proposed to be added to the licence as an approved venue and the premises are situated within 100 metres of an approved venue of which the applicant for the amendment, or an associate of the applicant, is the venue operator, the Commission is satisfied that the management and operation of the approved venue and the proposed approved venue are genuinely independent of each other.

    (2)     The Commission must decide whether to make the proposed amendment, either with or without changes from that originally proposed, and must notify the venue operator of its decision.

S. 3.4.20(2A) inserted by No. 58/2009 s. 24 (as amended by No. 56/2010 s. 69).

    (2A)     In the case of a proposed amendment to increase the number of gaming machines permitted in an approved venue, the Commission must use its reasonable endeavours to decide whether to make the proposed amendment within the required period.

S. 3.4.20(2B) inserted by No. 58/2009 s. 24 (as amended by No. 56/2010 s. 69).

    (2B)     For the purposes of subsection (2A) the required period is—

        (a)     60 days after receiving notification from the municipal council under section 3.4.18C that it does not intend to make a submission under section 3.4.19 (whether or not a submission has been made on the request before the request was amended);

        (b)     if a submission is made by the municipal council under section 3.4.19 and no amendment in respect of the request has been submitted to the Commission, 60 days after the making of the submission;

        (c)     if an amendment in respect of the request has been submitted to the Commission and a submission has been made by the municipal council under section 3.4.19 in relation to the request as amended, 60 days after the making of the submission.

S. 3.4.20(2C) inserted by No. 58/2009 s. 24 (as amended by No. 56/2010 s. 69).

    (2C)     Subsection (2B)(c) applies even if the municipal council has made a submission under section 3.4.19 on the request before the request was amended.

S. 3.4.20(2D) inserted by No. 58/2009 s. 24 (as amended by No. 56/2010 s. 69).

    (2D)     If the Commission does not make a decision within the required period specified under subsection (2A), the Commission is taken to have refused to make the proposed amendment.

S. 3.4.20(3) substituted by No. 7/2006 s. 3(1).

    (3)     An amendment may be made subject to any conditions that the Commission thinks fit.

S. 3.4.20(3A) inserted by No. 7/2006 s. 3(1).

    (3A)     Despite subsection (1)(a) and (b), the Commission may make an amendment before being satisfied of the matters referred to in those paragraphs on condition that the amendment does not take effect until the Commission is satisfied as required by those paragraphs.

S. 3.4.20(3B) inserted by No. 7/2006 s. 3(1).

    (3B)     If the Commission makes an amendment referred to in section 3.4.17(1)(d) or (2), the Commission must cause notice of the amendment to be published in the Government Gazette.

S. 3.4.20(3C) inserted by No. 9/2018 s. 8.

    (3C)     An amendment may be granted subject to a condition that the amendment does not take effect until—

        (a)     the venue operator satisfies the Commission that certain conditions specified by the Commission have been met; and

        (b)     the Commission has notified the venue operator in writing that it is satisfied that the conditions have been met.

S. 3.4.20(3D) inserted by No. 9/2018 s. 8.

    (3D)     Without limiting the matters to which conditions may relate, the conditions of an amendment may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act.

S. 3.4.20(3E) inserted by No. 9/2018 s. 8.

    (3E)     If the Commission grants an amendment subject to conditions and the conditions are not met, the Commission must amend the conditions on a venue operator's licence to reduce the number of gaming machines permitted in an approved venue on the grounds that the venue operator has failed to meet a condition on the licence relating to additional gaming machines.

S. 3.4.20(3F) inserted by No. 9/2018 s. 8.

    (3F)     If the Commission amends a licence on the grounds set out in subsection (3E), the number by which the permitted gaming machines is reduced must be equal to the number of additional machines relating to the condition or conditions which the venue operator has failed to meet.

S. 3.4.20(4) amended by No. 7/2006 s. 3(2).

    (4)     An amendment takes effect when notice of the Commission's decision is given to the venue operator or at any later time that may be specified in the notice.

S. 3.4.20(5) inserted by No. 62/2017 s. 49(17).

    (5)     This section applies in relation to a venue whose approval under Part 3 is suspended in the same way that it applies in relation to an approved venue.

S. 3.4.20A inserted by No. 9/2018 s. 9.



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