AUSTRALIAN CAPITAL TERRITORY
Gaming Machine (Amendment) Act 1991
No. 35 of 1991
	
An Act to amend the Gaming Machine Act 1987
	[Notified in ACT Gazette S83:  26 August 1991]
	The Legislative Assembly for the Australian Capital Territory enacts as follows:
Short title
1.  This Act may be cited as the Gaming Machine (Amendment) Act 1991.
Principal Act
2.  In this Act, “Principal Act” means the Gaming Machine Act 1987.1
Application for licence
3.  Section 14 of the Principal Act is amended by omitting paragraph (2) (e) and substituting the following paragraph:
	“(e)	shall specify the class, number, type, coin denomination and percentage pay-out of gaming machines in respect of which the licence is sought; and”.
Percentage pay-out
4.  Section 17 of the Principal Act is amended—
	(a)	by omitting from subsection (1) “Minister” and substituting “licensee”;
	(b)	by omitting from subsection (2) “Minister” and substituting “licensee”;
	(c)	by omitting from subsection (2) “80 per cent or more than 90 per cent” and substituting “85 per cent ”; and
	(d)	by adding at the end the following subsection:
“(4)  Where the licensee determines a percentage pay-out under subsection (1) the licensee shall ensure that—
	(a)	the same percentage pay-out applies to all machines of the same class and coin denomination; and
	(b)	the percentage pay-out for each machine does not vary by more than plus or minus one per cent from the percentage pay-out applicable to machines of the same class and coin denomination.”.
Authority conferred by licence
5.  Section 21 of the Principal Act is amended by omitting “and type” and substituting “, type, coin denomination and percentage pay-out”.
Variation of licence
6.  Section 22 of the Principal Act is amended—
	(a)	by omitting subsection (1) and inserting the following subsection:
“(1)  The Commissioner may, at the request of a licensee, approve a variation of the licence for the purpose of—
	(a)	reducing the number;
	(b)	altering the percentage pay-out applicable to specific coin denominations;
	(c)	altering the coin denomination; or
	(d)	altering the type;
of gaming machines to which the licence relates.”; and
	(b)	by adding at the end the following subsection:
“(5)  Where the Commissioner—
	(a)	approves the variation of a licence for the purpose of paragraph 22 (1) (b); and
	(b)	specifies in the instrument of approval a period within which the variation is to be implemented;
during that period section 44 applies in respect of each relevant gaming machine the percentage pay-out of which has not been altered in accordance with the approval as if its percentage pay‑out had been so altered.”.
Insertion
7.  After section 22 the following section is inserted:
Revocation of licence approval
“22A.  Where the Commissioner—
	(a)	has approved the variation of a licence under section 22; and
	(b)	is satisfied that the licensee has not implemented the variations within the period specified in the approval;
the Commissioner may revoke the approval.
Register of gaming machines
8.  Section 32 of the Principal Act is amended by omitting from paragraph (3) (d) “Minister” and substituting “licensee”.
Operation to be subject to correct percentage pay-out
9.  Section 44 of the Principal Act is amended by omitting “Minister” and substituting “licensee”.
Interference with gaming machines
10.  Section 47 of the Principal Act is amended by omitting from subsection (1) (c) “Minister” and substituting “licensee”.
Percentage pay-out of gaming machines to be displayed
11.  Section 49 of the Principal Act is amended—
	(a)	by inserting “, in a form and position approved by the Commissioner,” after “displayed”; and
	(b)	by omitting “Minister” and substituting “licensee”.
Review by Tribunal
12.  Section 52 of the Principal Act is amended by inserting after paragraph (1) (b) the following paragraphs:
	“(ba)	refusing to vary a licence under subsection 22 (1);
	(bb)	revoking an approval under section 22A;”.
Transitional—percentage pay-out rate
13.  The Principal Act as in force immediately before the commencement of this Act continues to apply in relation to a gaming machine to which a licence (being a licence in force immediately before that commencement) relates, until the percentage pay-out of that machine is altered in accordance with a determination made by the licensee pursuant to section 17 of the Principal Act as amended by this Act.

note
1.	Ordinance No. 34, 1987 as amended by Nos. 25 and 26, 1988;  Nos. 21 and 38, 1989;  Act No. 14, 1989;  Nos. 31, 49 and 57, 1990.
[Presentation speech made in Assembly on 8 August 1991]

©  Australian Capital Territory 1991