Section 48 of the Principal Act is repealed and the following sections are substituted:

48.     Provisional licence

(1)  The Commission may grant a provisional venue licence to an applicant for a venue licence for licensed premises if –

(a) a venue licence was in force in respect of those licensed premises immediately before the grant of the provisional venue licence; and

(b) the person has made an application under section 36 for a venue licence in respect of those licensed premises and that application has not yet been determined by the Commission.

(2)  Subject to subsection (3) , if the Commission grants a provisional venue licence, the number of gaming machine authorities endorsed on the licence is to be –

(a) the same number of gaming machine authorities (if any) that were endorsed on the venue licence for the licensed premises immediately before the grant of the provisional venue licence; or

(b) such lesser number of gaming machine authorities as is specified in the application for the venue licence.

(3)  The Commission must not grant a provisional venue licence endorsed with gaming machine authorities if gaming machines have not operated at the licensed premises to which the licence relates in the 6-month period immediately before the application for a venue licence was made.

(4)  Subject to subsection (5) , a provisional venue licence granted in respect of licensed premises ceases to have effect on the earliest of the following events:

(a) the withdrawal of the application referred to in subsection (1)(b) ;

(b) the determination of the application referred to in subsection (1)(b) ;

(c) the expiry of the period of 180 days from the date on which the provisional venue licence was granted.

(5)  The Commission may extend the period referred to in subsection (4)(c) if it considers it appropriate to do so.

(6)  This Act applies to a provisional venue licence in the same way as it applies to a venue licence (to the extent that is consistent with this section).

48A.     Transfer of gaming machine authority

(1)  In this section –

associated persons means persons associated because of the following:

(a) natural persons are associated persons if they are partners in a partnership;

(b) companies are associated persons if –

(i) common shareholders have a majority interest in each company; or

(ii) the companies have common shareholders and the Commission determines that the companies are associated persons.

(2)  A gaming machine authority endorsed on a venue licence for licensed premises (the initial premises ) may, by application under this section, be transferred so that it is endorsed on a venue licence for another licensed premises (the secondary premises ) if both venue licences are held by –

(a) the same person; or

(b) associated persons.

(3)  An application for the transfer of a gaming machine authority under this section must –

(a) be made to the Commission in a form approved by the Commission; and

(b) contain any information, and be accompanied by any documents, that the Commission requires; and

(c) be accompanied by the prescribed fee.

(4)  If gaming machines have not operated at the secondary premises at any time in the 6-month period immediately before an application is made under this section, the following sections apply to an application under this section as if it were an application under section 36(1) for a venue licence endorsed with gaming machine authorities:

(a) section 36 (3), (4), (6), (6A) and (6B);

(b) section 37(1)(d) and (2).

(5)  The Commission may grant an application or refuse to grant an application under this section.

(6)  The Commission must not grant an application under this section unless it is satisfied that, in the case of an application to which subsection (4) applies, taking into account community interest matters, it is in the community interest to transfer the gaming machine authority so that it is endorsed on the venue licence for the secondary premises.

(7)  The Commission must not grant an application under this section if –

(a) the granting of the application will result in the number of gaming machine authorities endorsed on the venue licence for the secondary premises exceeding the maximum number permitted under section 101C ; or

(b) the granting of the application is not in accordance with any direction given by the Minister under section 127 .

(8)  The Commission may require an applicant under this section to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application if those costs exceed the prescribed fee.

(9)  A requirement under subsection (8) must be made in writing provided to the applicant.

(10)  On the grant of an application for the transfer of a gaming machine authority, the Commission must issue to the relevant licence holders replacement venue licences that are endorsed with the number of gaming machine authorities held by the relevant licence holders after the transfer.

(11)  The transfer of a gaming machine authority takes effect on the day on which the application is granted or on a later day determined by the Commission and specified in the venue licences for the initial premises and the secondary premises.

48B.     Increase in number of gaming machine authorities held in respect of licence

(1)  The holder of a venue licence may apply to the Commission to increase the number of gaming machine authorities endorsed on the venue licence.

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

(a) be in a form approved by the Commission; and

(b) contain any information, and be accompanied by any documents, that the Commission requires; and

(c) be accompanied by the prescribed fee.

(3)  The Commission may grant an application or refuse to grant an application under this section.

(4)  In making a determination under subsection (3) , the Commission must ensure that an increase in the number of gaming machine authorities on the licence –

(a) will not result in –

(i) the number of gaming machine authorities endorsed on that licence exceeding the maximum number permitted on that licence under section 101C ; or

(ii) the maximum number of gaming machine authorities permitted on venue licences in the State under section 101B(a) being exceeded; and

(b) is in accordance with any direction given by the Minister under section 127 .

(5)  If the Commission grants an application under this section, the Commission must, as soon as practicable after approving the application, amend the licence by either –

(a) endorsing the venue licence with the additional gaming machine authorities; or

(b) issuing a replacement venue licence to the licence holder.

48C.     Reduction in number of gaming machine authorities held in respect of licence

(1)  The holder of a venue licence may apply to the Commission to decrease the number of gaming machine authorities endorsed on the venue licence.

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

(a) be in a form approved by the Commission; and

(b) contain any information, and be accompanied by any documents, that the Commission requires; and

(c) be accompanied by the prescribed fee.

(3)  Subject to subsection (4) , the Commission is to grant an application under this section.

(4)  If a gaming machine authority is allocated to a licence holder for licensed premises that are held under a lease, the right of that licence holder to apply to reduce the number of gaming machine authorities endorsed on the venue licence is qualified as follows:

(a) if the lease is entered into after the commencement of this section, the lease may exclude or limit the right to reduce the number of gaming machine authorities;

(b) if the lease was entered into before the commencement of this section, the right may only be exercised if the lease does not contemplate a reduction in gaming machines and either –

(i) the owner of the licensed premises agrees; or

(ii) the Commission, on application by the holder of the venue licence, determines that it is fair and equitable to reduce the number of gaming machine authorities.