Page 3530 - Week 08 - Thursday, 23 August 2012

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(i) must comply with the requirements for an application for a new venue amendment under section 23 (1) (a), (b), (c), (i) and (2); but

(ii) need not comply with—

(A) section 23 (1) (i) (ii) (A) in relation to section 11 (2) (b) or (3) (d); or

(B) section 23 (1) (i) (ii) (D).

(2) The commission need not decide the application if the application is not in accordance with this section.

Division 2A.2 Issue of in-principle approvals

38F In-principle approval decision—licence

(1) This section applies if the commission receives an application for an in-principle approval for a licence under section 38D (1) (In-principle approval—applications).

(2) The commission must issue the in-principle approval if—

(a) satisfied that, were the application an application for a licence, the commission would issue the licence under section 12 (Issue of licences); and

(b) there are enough reservable gaming machines for the approval.

Example—enough machines to reserve number needed

A is issued an in-principle approval for 100 gaming machines at block 10, section 403, Bonner. There are now no gaming machines left in the pool. B applies for an in-principle approval for 80 gaming machines at the same address. The commission may issue the approval to B because 100 machines have already been reserved for that address under A’s approval. (Later, whoever gets their approval converted into a licence first will actually get authority to install the gaming machines.)

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) In making a decision under subsection (2) (a), the commission must disregard—

(a) section 12 (2) (a) in relation to section 20 (2) (a) (ii) and section 21 (1) (c); and

Note Under s 20 (2) (a) (ii) and s 21 (1) (c), a person may only be an eligible person if the person holds a general licence or on licence.

(b) section 12 (2) (b); and

(4) However, if there are some, but not enough, reservable gaming machines for the approval, and the commission is satisfied under subsection (2) (a), the commission may issue the in-principle approval in relation to a smaller number of machines.

Note An approval-holder may later apply for an amendment of the in-principle approval to increase the number of machines reserved under the approval under s 38M.

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