Northern Territory Bills Northern Territory Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Serial 125
Gaming and
Liquor Legislation Amendment Bill 2015
Mr
Styles
A Bill for an Act to amend the Gaming Machine Act, Liquor Act and Liquor Regulations
NORTHERN TERRITORY OF AUSTRALIA
GAMING AND LIQUOR LEGISLATION AMENDMENT ACT 2015
____________________
Act No. [ ] of 2015
____________________
Table of provisions
Division 3 Transfer of licences
37 Definitions
37A Gaming machine licence held by club cannot be transferred
37B Transfer of gaming machine licence for hotels etc.
37C Application for transfer of gaming machine licence
38 Information and material
38A Community impact analysis
38B Consideration of transfer application
38C Relationship with Liquor Act application
39 Transferee or executive officers must be at least 18 years of age
39A Determination of transfer application
39B Effect of transfer
Division
4 Alteration of gaming
machines
Division
6 Substitution of
premises or change to gaming machine areas
42A Definitions
42B Application for transfer of gaming machine licence
42C Information and material
42D Community impact analysis
42E Consideration of substitution application
42F Relationship with Liquor Act application
42G Decrease in number of gaming machines
42H Determination of substitution application
42J Effect
of substitution
Part
XX Transitional
matters for Gaming and Liquor Legislation Amendment Act 2015
163 Application not determined
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2015
____________________
An Act to amend the Gaming Machine Act, Liquor Act and Liquor Regulations
[Assented to [ ] 2015]
[Second reading [ ] 2015]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Gaming and Liquor Legislation Amendment Act 2015.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part
2 Amendment of Gaming Machine
Act
3 Act
amended
This Part amends the Gaming Machine Act.
Section 3
insert (in alphabetical order)
current premises, for Part 3, Division 6, see section 42B(1).
Liquor Act application:
(a) for Part 3, Division 3, see section 37C(2); and
(b) for Part 3, Division 6, see section 42B(3).
new premises, for Part 3, Division 6, see section 42B(1).
proposed transferee, for Part 3, Division 3, see section 37.
substitution application, for Part 3, Division 6, see section 42A.
transfer application, for Part 3, Division 3, see section 37C(1).
transferable licence, for Part 3, Division 3, see section 37.
5 Part 3, Division 1 heading inserted
After Part 3 heading
insert
Division 1 Licensed gaming lawful
6 Part 3, Division 2 heading inserted
After section 23
insert
Division 2 Gaming machine licences
Sections 37 to 40
repeal, insert
Division 3 Transfer of licences
In this Division:
Liquor Act application, see section 37C(2).
proposed transferee, in relation to the transfer of a transferable licence, means the person to whom it is proposed to transfer the licence.
transfer application, see section 37C(1).
transferable licence means a gaming machine licence in respect of premises that are:
(a) premises for which a hotel liquor licence is in force; or
(b) premises for which a liquor licence that is a prescribed liquor licence for section 24(1)(c) is in force.
37A Gaming machine licence held by club cannot be transferred
A gaming machine licence that is not a transferable licence cannot be transferred to another person.
37B Transfer of gaming machine licence for hotels etc.
A transferable licence may be transferred from the licensee to another person if the transfer is authorised by the Director-General under this Division.
37C Application for transfer of gaming machine licence
(1) An application for the transfer of a transferable licence (a transfer application) must:
(a) be made to the Director-General by the proposed transferee; and
(b) be in the form determined by the Director-General; and
(c) include or be accompanied by the information and material mentioned in section 38(1); and
(d) be signed or executed in the manner described in section 24(3)(b); and
(e) be accompanied by the prescribed fee.
(2) A transfer application cannot be made unless an application under section 40 of the Liquor Act for the transfer of the licensee's liquor licence to the proposed transferee (the Liquor Act application):
(a) has been made and has not been refused by the Director-General; or
(b) is made at the same time as the transfer application.
(1) A transfer application must include or be accompanied by the following:
(a) a copy of the Liquor Act application or evidence that it has been made;
(b) the information or material mentioned in section 24(3)(c), (d), (j) and (ka);
(c) a community impact analysis if required by section 38A;
(d) details of the proposed transferee's problem gambling risk management and responsible gambling strategies;
(e) an affidavit under section 44;
(f) any other information or material required by the Director-General.
(2) The Director-General may require the applicant, or an associate of the applicant, to submit any additional information or material the Director-General considers is necessary in order to determine the transfer application.
(3) Section 27(1) applies in relation to the applicant as if the transfer application were an application for a licence.
(1) A transfer application must be accompanied by a community impact analysis if:
(a) the guidelines published by the Director-General under section 161A require the application to be accompanied by a community impact analysis; or
(b) the Director-General requires the application to be accompanied by a community impact analysis.
(2) A community impact analysis must be in the form approved by the Director-General and must provide the following details:
(a) the appropriateness of problem gambling risk management and responsible gambling strategies;
(b) economic impact of the proposal including contribution to the community, employment creation and significance or reliance of the venue to or on tourism.
38B Consideration of transfer application
(1) For the purpose of considering a transfer application, the Director-General may initiate and have followed through the investigations the Director-General considers are necessary.
(2) In considering the application the Director-General must have regard to:
(a) the matters mentioned in section 25(3)(d) to (g) and (i) to (k); and
(b) any matters prescribed for section 25(3A); and
(c) the community impact analysis if required by section 38A; and
(d) any other matters the Director-General considers relevant.
38C Relationship with Liquor Act application
(1) The Director-General must not determine a transfer application until the applicant's Liquor Act application has been determined.
(2) If the Liquor Act application is refused, the Director-General must:
(a) if the applicant applies to the Civil and Administrative Tribunal under section 120ZC of the Liquor Act for a review of the decision – defer consideration of the transfer application until the review, and any subsequent appeal, has been completed; or
(b) if the time allowed for applying for a review expires and the applicant has not applied for a review – refuse the transfer application.
39 Transferee or executive officers must be at least 18 years of age
The Director-General must refuse a transfer application:
(a) if the proposed transferee is an individual and has not attained the age of 18 years; or
(b) if the proposed transferee is a body corporate and the secretary or any executive officer of the body corporate has not attained the age of 18 years.
39A Determination of transfer application
(1) After considering a transfer application the Director-General must:
(a) grant the application and authorise the transfer of the licence; or
(b) refuse the application.
(2) As soon as practicable after making the decision, the Director-General must give the applicant written notice of:
(a) the decision; and
(b) if the application is refused, the reasons for the refusal.
(3) If the Director-General authorises the transfer of the licence, the Director-General must issue to the applicant a replacement licence updated to show:
(a) the applicant as the licensee; and
(b) the date on which the transfer takes effect; and
(c) the conditions imposed under section 33(1)(b); and
(d) any other changes made to the terms and conditions of the licence.
(4) The replacement licence must comply with section 28 and include the schedule mentioned in section 29 updated as necessary.
Note for section 39A
When determining an application under this Division, the Director-General may also exercise any of the Director-General's other powers in relation to the licence including, for example, the power under section 34 to impose or vary conditions and the powers under Part 3, Division 3 to change the number of gaming machines authorised for use under the licence.
(1) If the Director-General authorises the transfer of a transferable licence, on the date specified in the replacement licence under section 39A(3)(b):
(a) the proposed transferee becomes the licensee; and
(b) any other changes mentioned in section 39A(3)(d) take effect.
(2) The transfer of the licence does not affect the liability of the former licensee in relation to anything that occurred before the transfer date.
(3) The former licensee must deliver the former licensee's licence to the Director-General not later than 14 days after the transfer takes effect.
Maximum penalty: 40 penalty units.
Division 4 Alteration of gaming machines
8 Part 3, Division 5 heading inserted
After section 40A
insert
Division 5 Number of gaming machines
Section 42(4)(a)(i), after "subsection (3)"
insert
(b) or (c)
10 Part 3, Division 6 inserted
After section 42
insert
Division 6 Substitution of premises or change to gaming machine areas
In this Division:
current premises, see section 42B(1).
Liquor Act application, see section 42B(3).
new premises, see section 42B(1).
substitution application means an application under section 42B(1).
42B Application for transfer of gaming machine licence
(1) A licensee may apply to have other premises (the new premises) substituted for the premises specified in the licence (the current premises) as the premises on which the licensee is licensed to conduct gaming.
(2) The application must:
(a) be made to the Director-General in the form determined by the Director-General; and
(b) include or be accompanied by the information and material mentioned in section 42C; and
(c) be signed or executed in the manner described in section 24(3)(b); and
(d) be accompanied by the prescribed fee.
(3) A substitution application cannot be made unless an application under section 46A of the Liquor Act for the substitution of the new premises for the current premises in the applicant's liquor licence for the current premises (the Liquor Act application):
(a) has been made and has not been refused by the Director-General; or
(b) is made at the same time as the substitution application.
(4) Before making a substitution application the applicant must comply with section 24A as if the substitution application were an application for a licence for the new premises.
(1) A substitution application must include or be accompanied by the following:
(a) a copy of the Liquor Act application or evidence that it has been made;
(b) the information or material mentioned in section 24(3)(d)(iii), (e), (g), (j), (ka) and (ma);
(c) a statutory declaration as mentioned in section 24(3)(h) (read as if subparagraph (i) had been amended to read "that the proposed locations referred to in paragraph (g) are within the new premises");
(d) a statement of the number of gaming machines that the applicant seeks to have authorised for use under the licence at the new premises (being not more than the number authorised for use under the licence at the time the application is made);
(e) a community impact analysis, subject to section 42D(2);
(f) details of the applicant's problem gambling risk management and responsible gambling strategies for the new premises;
(g) any other information or material required by the Director-General.
(2) The Director-General may require the applicant, or an associate of the applicant, to submit any additional information or material the Director-General considers is necessary in order to determine the substitution application.
(3) Section 27(1) applies in relation to the applicant as if the substitution application were an application for a licence.
(1) A community impact analysis for a substitution application must be in the form approved by the Director-General and must provide the following details:
(a) the suitability of the new premises having regard to the size, layout and facilities of the premises;
(b) the suitability of the new premises having regard to the primary activity conducted at the premises;
(c) the suitability of the new premises having regard to the population of the local area, the proximity of the premises to other gaming venues and the proximity of the premises to sensitive areas such as schools, shopping centres, other community congregation facilities, welfare agencies, banks and pawn brokers;
(d) the appropriateness of problem gambling risk management and responsible gambling strategies;
(e) economic impact of the proposal including contribution to the community, employment creation and significance or reliance of the venue to or on tourism.
(2) The Director-General may exempt an applicant from the requirement to provide a community impact analysis if satisfied that:
(a) the impact on the community of the new premises being licensed premises will be substantially similar to the impact of the current premises being licensed premises; or
(b) there are exceptional circumstances that make it appropriate to not require a community impact analysis.
42E Consideration of substitution application
(1) For the purpose of considering a substitution application, the Director-General may initiate and have followed through the investigations the Director-General considers are necessary.
(2) In considering the application the Director-General must have regard to:
(a) the matters mentioned in section 25(3)(a) to (e); and
(b) the community impact analysis, unless exempted under section 42D(2); and
(c) any submissions received in response to the notice required under section 42B(4); and
(d) in relation to the number of gaming machines to be authorised for use under the licence at the new premises:
(i) the matters mentioned in section 25(13); and
(ii) any submission made under section 42G(1)(b); and
(e) any other matters the Director-General considers relevant.
(3) Section 25(4), (5), (9)(c), (10) and (11) apply in relation to the substitution application as if it were an application for a license.
42F Relationship with Liquor Act application
(1) The Director-General must not determine a substitution application until the applicant's Liquor Act application has been determined.
(2) If the Liquor Act application is refused, the Director-General must:
(a) if the applicant applies to the Civil and Administrative Tribunal under section 120ZC of the Liquor Act for a review of the decision – defer consideration of the substitution application until the review, and any subsequent appeal, has been completed; or
(b) if the time allowed for applying for a review expires and the applicant has not applied for a review – refuse the substitution application.
42G Decrease in number of gaming machines
(1) If the Director-General proposes to determine a substitution application as mentioned in section 42H(1)(b), before doing so the Director-General must:
(a) advise the applicant by written notice of the proposal; and
(b) invite the applicant to make a submission with respect to the proposal within the time as is specified in the notice.
(2) If a substitution application is granted and the number of machines authorised for use under the licence at the new premises is less than the number authorised immediately before the application was granted, section 42(5) and (6) apply as if the decrease in the number of machines had been effected by a determination under section 42(1).
42H Determination of substitution application
(1) After considering a substitution application the Director-General must:
(a) grant the application and authorise the substitution of premises with the licence authorising for use the number of gaming machines specified in the application; or
(b) grant the application and authorise the substitution of premises with the licence authorising for use a number of gaming machines less than that specified in the application; or
(c) refuse the application.
(2) As soon as practicable after making the decision, the Director-General must give the applicant written notice of:
(a) the decision; and
(b) if the application is granted under subsection (1)(b) or refused – the reasons for the decision.
(3) If the Director-General authorises the substitution of premises, the Director-General must issue to the applicant a replacement licence updated to show:
(a) the new premises as the licenced premises; and
(b) the date on which the substitution of premises takes effect; and
(c) any other changes made to the terms and conditions of the licence.
(4) The replacement licence must comply with section 28 and include the schedule mentioned in section 29 updated as necessary.
Note for section 42H
When determining an application under this Division, the Director-General may also exercise any of the Director-General's other powers in relation to the licence including, for example, the power under section 34 to impose or vary conditions and the powers under Part 3, Division 3 to change the number of gaming machines authorised for use under the licence.
(1) If the Director-General authorises the substitution of premises, on the date specified in the replacement licence under section 42H(3)(b):
(a) the new premises becomes the premises on which the licensee is licensed to conduct gaming; and
(b) any other changes mentioned in section 42H(3)(c) take effect.
(2) The applicant must deliver the applicant's former licence to the Director-General not later than 14 days after the substitution of premises takes effect.
Maximum penalty: 40 penalty units.
11 Part 3, Division 7 heading inserted
After section 43
insert
Division 7 Licensees, associates, beneficial parties etc.
Section 44(1), after "application for"
insert
, or for the transfer of,
Section 46, after "section 24"
insert
or 37C
14 Part 3, Division 8 heading inserted
After section 46
insert
Division 8 Surrender, suspension and cancellation
Section 49(1)(c)(iv)
omit
all words from "was" to "refused"
insert
, or for the transfer of the licence to the licensee, was being considered, may have resulted in the application being refused
16 Part 3, Division 9 heading inserted
After section 52
insert
Division 9 Miscellaneous matters
Section 174(3), after "applicant for"
insert
, or for the transfer of,
(1) Section 190(a) and (b)
omit
a licence under Part 3 or 4
insert
, or for the transfer of, a licence under Part 3 or for a licence under Part 4
(2) Section 190(e)
omit
all words from "25(8)," to "130(3)"
insert
25(6), 38(2), 42C(2), 45(2), 64(3), 75(2), 118(2) or 131(3)
Schedule
insert (in numerical order)
|
39A
|
Decision to grant or refuse application
|
|
42H
|
Decision to grant or refuse application
|
Part
3 Amendment of Liquor
Act
20 Act
amended
This Part amends the Liquor Act.
(1) After section 32A(1)
insert
(1A) Despite subsection (1), an application can not be made by the holder of a store licence for a variation of the conditions of the store licence that would have the effect of permitting the sale of liquor for consumption away from the premises on a day on which that is not permitted under the licence as in force immediately before the commencement.
(2) Section 32A(10)
insert (in alphabetical order)
commencement means the commencement of the Gaming and Liquor Legislation Amendment Act 2015.
store licence means a licence that authorises the sale of liquor for removal and consumption away from the licensed premises and that is endorsed with the words:
(a) "AUTHORITY – STORE"; or
(b) "AUTHORITY – LIQUOR MERCHANT".
After section 162
insert
Part XX Transitional matters for Gaming and Liquor Legislation Amendment Act 2015
163 Application not determined
(1) This section applies in relation to an application for a variation of the conditions of a store licence that would have the effect of permitting the sale of liquor for consumption away from the premises on a day on which that is not permitted under the licence as in force immediately before the commencement.
(2) If the application has not been decided as at the commencement, it is taken to have been rejected.
(3) Part XAC does not apply to give a right of review in a matter that is taken under this section to have been rejected.
(4) In this section:
commencement means the commencement of the Gaming and Liquor Legislation Amendment Act 2015.
store licence, see section 32A(10) of the Act.
Part
4 Amendment of Liquor
Regulations
23 Regulations
amended
This Part amends the Liquor Regulations.
(1) Regulation 4(1A)
omit
or (1AA)
(2) Regulation 4(2), definition store licence
omit, insert
store licence, see section 32A(10) of the Act.
Part 5 Expiry
of
Act
25 Expiry
of Act
This Act expires on the day after it commences.
[Index] [Search] [Download] [Related Items] [Help]