Page 3531 - Week 08 - Thursday, 23 August 2012

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(5) In this section:

reservable gaming machine, for an in-principle approval, means a gaming machine that is—

(a) in the pool of available gaming machines; or

Note  Pool of available gaming machines—see s 36A.

(b) reserved under another in-principle approval for the same address.

38GIn-principle approval decision—licence—no reservable gaming machines

(1) This section applies to an application for an in-principle approval for a licence if—

(a) there are no reservable gaming machines for the approval; and

(b) the commission would otherwise have issued an in-principle approval for a licence to the applicant under section 38F.

(2) The commission must—

(a) tell the applicant that there are no reservable gaming machines for the approval; and

(b) give the applicant a certificate (a certificate of suitability) stating that the commission would otherwise have issued an in-principle approval for the licence to the applicant and that the number of machines to be reserved for the in-principle approval will be decided when—

(i) there are reservable gaming machines for the approval; or

(ii) the commission is considering the transfer of an in-principle approval or licence to the applicant under—

(A) section 38P (In-principle approval—transfer decision); or

(B)  section 32 (Transfer of licence).

(3) In this section:

reservable gaming machine, for an in-principle approval—see section 38F (5).

38HIn-principle approval decision—venue relocation amendment

(1) This section applies if the commission receives an application for an in-principle approval for a venue relocation amendment under section 38D (2) (In-principle approval—applications).

(2) The commission must issue the in-principle approval if satisfied that, were the application an application for a venue relocation amendment, the commission would make the amendment under section 26A (Licence amendment decision—venue relocation amendment).

(3) In making a decision under subsection (2), the commission must disregard section 26A (2) (a) and (d).


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