Western Australian Current Acts Western Australian Current Acts (1) An application for
the grant by the Commission of approval to the use of premises for gaming
—
(a) in
the case of premises to be used for the purposes of a specific function
permit, may —
(i)
if the Commission agrees, be made to the Commission
informally; or
(ii)
be made to the magistrate hearing the application for the
function permit on behalf of the Commission, in which case the magistrate may
grant the approval and shall cause the Commission to be notified of his
decision;
but
(b) in
any other case, shall be made to the Commission in the prescribed manner,
and shall, unless the
Commission or the magistrate dispenses with the requirement, contained or be
accompanied by such information as is prescribed and be supported by such
further information as the Commission or magistrate may require.
(2) Premises may be
approved by or on behalf of the Commission —
(a)
specifically, to be used for the purposes of a specific function permit; or
(b)
generally, to be used for the purposes of function permits from time to time;
or
(c) in
relation to a permit, or permits, of a continuing nature,
subject to such
conditions as are specified in the instrument of approval (which may be the
specific function permit), and may be approved for the purposes only of
specified kinds of permitted gaming, and particulars of the approval (other
than in relation to a specific function permit) shall be noted in the register
together with particulars of the person who is for the time being the holder
of that approval.
(3) The Commission may
in relation to any premises require an applicant for the grant of approval or
the holder of the approval to produce to the Commission —
(a) a
report from the local government of the district in which the premises are
situated, certifying that those premises conform, or if not conforming in what
respect they do not conform, to the Health (Miscellaneous Provisions) Act
1911 , to the relevant Act relating to sewerage and drainage and to any
subsidiary legislation made under those Acts or the Local Government Act 1995
; and
(b) a
report from the authority responsible for local planning matters affecting the
premises certifying —
(i)
that the proposed or actual use does not contravene any
written law relating to local planning; or
(ii)
where a proposed use will not contravene such a written
law only if a specified consent be given, whether or not that consent will be
given and as to any conditions relating to that consent;
and
(c) a
report from the Commissioner of Police, or of an officer appointed by him with
the approval of the Commission for that purpose, certifying that the premises
are not in his opinion unsuitable for use as premises where permitted gaming
of the kind proposed or to which the approval for the time being refers may
occur; and
(d)
evidence satisfactory to the Commission as to the charges proposed or made for
the use of the premises for permitted gaming.
(4) Where the owner or
occupier of any approved premises objects or changes, or for any other reason
the Commission is satisfied that the circumstances so require, the Commission
may in its discretion revoke its approval of the premises, or amend the
conditions imposed in relation to any approval.
(5) The revocation, or
amendment of the conditions imposed, shall take effect —
(a) on
the day on which written notice of the decision of the Commission is given to
the registered holder of the approval; or
(b) on
such later day as is specified in that notice,
subject to subsection
(6).
(6) Where for any
reason notice of a decision of the Commission cannot in the opinion of the
Commission be conveniently given to the registered holder of the approval in
relation to any premises, that notice may in default be given to any person
appearing to be an occupier of the premises and be posted in a conspicuous
position on the premises, and effect shall thereupon be given to the
revocation or amendment in accordance with the tenor of that notice.
(7) An approval of
premises granted by the Commission subsists in favour of the holder to whom or
which the approval was first granted, or an assignee acceptable to the
Commission entered in the register as the registered holder of that approval,
and until —
(a) the
term for which it was granted expires; or
(b) its
operation is suspended pursuant to an amendment; or
(c) it
is revoked under subsection (4),
whichever is the
sooner.
(8) Where the
Commission proposes to revoke the approval granted in relation to any
premises, or to amend the conditions imposed, the Commission shall take such
steps as it considers reasonable in the circumstances to afford the registered
holder of the approval and, where practicable, the owner and any other
occupier who in the opinion of the Commission may be thereby prejudicially
affected an opportunity to make submissions to the Commission in relation to
the matter.
(9) Any assignment of
the grant of approval by the registered holder proposed by him to the
Commission shall not unreasonably be refused.
(10) Any assignment
which is acceptable, and any revocation or amendment under this section shall
be noted in the register.
[Section 55 amended: No. 14 of 1996 s. 4; No. 35
of 2003 s. 167; No. 38 of 2005 s. 15; No. 19 of 2016 s. 101.]