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GAMBLING REGULATION AMENDMENT (LICENSING) ACT 2011 (NO. 60 OF 2011) - SECT 26

New sections 3.5.7B and 3.5.7C inserted

Before section 3.5.8 of the Gambling Regulation Act 2003 insert

        " 3.5.7B     Approval of linked jackpot arrangements

    (1)     A venue operator may apply to the Commission for the approval of—

        (a)     a linked jackpot arrangement through which the operator intends to conduct gaming on or at any time after the new arrangements day; or

        (b)     a variation to a linked jackpot arrangement through which the operator conducts gaming on or at any time after the new arrangements day.

    (2)     An application under subsection (1) must—

        (a)     be in writing; and

        (b)     be accompanied by the prescribed fee (if any); and

        (c)     list every venue operator which intends to conduct gaming through the linked jackpot arrangement that is—

              (i)     being sought to be approved; or

              (ii)     being sought to be varied.

    (3)     The Commission may require a venue operator who makes an application under subsection (1) to provide any additional information or material that the Commission considers necessary for the purposes of making its decision under this section.

    (4)     On receiving an application under subsection (1), the Commission may approve—

        (a)     a linked jackpot arrangement; or

        (b)     a variation to a linked jackpot arrangement.

    (5)     In making a decision under subsection (4), the Commission must have regard to—

        (a)     player return, game fairness and security and responsible gambling; and

        (b)     the certificate of a person listed on the Roll, being a person referred to in section 3.4.61(1)(c); and

        (c)     any standards in force under section 10.1.5B; and

        (d)     any operational requirements determined by the Commission under section 10.1.5C.

    (6)     The Commission must notify, in writing, every venue operator listed in the application under subsection (1) of its approval.

    (7)     If the Commission approves a linked jackpot arrangement or a variation to a linked jackpot arrangement before the new arrangements day, that approval cannot take effect until that day.

    (8)     An approval under this section is subject to any conditions imposed by the Commission.

    (9)     In this section "new arrangements day" means the first gaming machine entitlement declared day.

        3.5.7C     Withdrawal of approval

s. 26

    (1)     The Commission, by written notice, may withdraw the approval of a linked jackpot arrangement or a variation to a linked jackpot arrangement if the Commission considers it necessary or appropriate in the public interest or for the proper conduct of gaming.

    (2)     If approval is withdrawn under subsection (1), the Commission must allow a venue operator a reasonable time within which to stop the conduct of gaming through the linked jackpot arrangement.

    (3)     However, in the case where the Commission has withdrawn an approval because it considers there is an immediate threat to the public interest, the Commission is not required to give any time within which conduct of gaming through the linked jackpot arrangement must be stopped.

    (4)     A notice under subsection (1) must—

        (a)     be given to every venue operator conducting gaming through the linked jackpot arrangement to which the approval related; and

        (b)     specify the day on which, or time at which, the linked jackpot arrangement must be stopped.

    (5)     A withdrawal of an approval takes effect on the day, or at the time, specified in a notice under subsection (1).

    (6)     A day that is specified in a notice under subsection (1) may be the day of the notice in the case where the Commission has withdrawn an approval because it considers there is an immediate threat to the public interest.

    (7)     A time that is specified in a notice under subsection (1) may be a time falling on the day of the notice in the case where the Commission has withdrawn an approval because it considers there is an immediate threat to the public interest.".



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