Victorian Current Acts Victorian Current ActsS. 3.4A.20K(1) amended by No. 62/2017 s. 8(1).
(1) If, on the taking effect of an Order under section 3.4A.5(3), the number of gaming machine entitlements under which gaming may be conducted in the State will exceed the maximum permissible number of entitlements under which gaming may be conducted in the State, the Minister may, by Order published in the Government Gazette, extinguish any unallocated gaming machine entitlements, including gaming machine entitlements surrendered under Division 5AA or forfeited to the State under Division 6, 7, 8 or 8A that have not been reallocated.
S. 3.4A.20K(2) amended by No. 62/2017 s. 8(2).
(2) The Minister may make an Order under this section in addition to, or instead of, making an Order under section 3.4A.20AAE or 3.4A.20C.
(3) In making an Order under this section, the Minister must take the following matters into account—
(a) if possible, entitlements that have never been allocated must be extinguished before entitlements that have been forfeited;
S. 3.4A.20K
(3)(ab) inserted by No. 62/2017 s. 8(3).
(ab) entitlements that have been surrendered under Division 5AA—
(i) must be extinguished before entitlements that have been forfeited; and
(ii) need not be extinguished in the order in which they were surrendered;
(b) entitlements that have been forfeited must be extinguished in the order in which they were forfeited;
S. 3.4A.20K
(3)(c) amended by No. 62/2017 s. 101(4).
(c) the extinguishment must result in at least 20% of all remaining gaming machine entitlements authorising the conduct of gaming in a region or municipal district outside metropolitan Melbourne;
S. 3.4A.20K
(3)(d) substituted by No. 62/2017 s. 13.
(d) the extinguishment must not result in a contravention of section 3.4A.5AA(1) or (2).
Note
Section 3.4A.5AA(1) and (2) specify that certain percentages of gaming machine entitlements must relate to specified types of approved venues.
S. 3.4A.20L inserted by No. 73/2014 s. 10.