Australian Capital Territory
Gaming Machine Act 1987     No 34
Republication No 7
Republication date: 12 September 2001
Last amendment made by Act 2001 No 44 
Amendments incorporated to 12 September 2001

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Gaming Machine Act 1987 as in force on 12 September 2001.  It includes any amendment, repeal or expiry affecting the republished law to 12 September 2001 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
12 September 2001

Australian Capital Territory
Gaming Machine Act 1987

Contents
	Page
Part 1	Preliminary
	1	Short title	2
	2	Incorporation of the Control Act	2
	4	Definitions for Act	2
	4A	Maximum stake values—prescription	9
	5	Relationship with other laws	10
Part 2	Administration
	6	Administration	11
	8	Register of licences	11
Part 4	Licences
Division 4.1A	Authority conferred by licences
	13A	Authorised activities	12
Division 4.1	Issue of licences
	14	Application for licence	12
	14A	Issue or refusal of licences—clubs	14
	15	Issue or refusal of licences—general licensees and on licensees	15
	15A	Issue or refusal of licences—offences	15
	16	Issue of licence	16
	16A	Percentage payout—calculation	16
	17	Approval of percentage payout	17
	18	Conditions for issue of licences—gaming machines	17
	20	Conditions for issue of licences—premises	18
	21	Licensee must comply with code of practice	19
Division 4.2	Variation and transfer of licences
	22	Variation of licences	19
	23	Transfer of licence	21
Division 4.2A	Restrictions on gaming machines
	23A	Application	23
	23B	 Restriction on gaming machines	23
	23C	Circumstances in which restriction does not apply	24
Division 4.3	Disciplinary action by the commission
	24	Commission may take disciplinary action against licensee	24
	24A	Grounds for disciplinary action	25
	24B	Procedure for disciplinary action	26
	25	Suspension of licences etc in particular circumstances	27
	26	Cancellation of club licences on members’ ballot	27
Division 4.4	General
	29	Issue of copy of licence	28
	30	Display of licence	28
	30A	Changes in influential persons	28
Division 4.5	Special provisions relating to clubs
	30B	Eligible objects	29
	30C	Eligible clubs	30
	30CA	Club eligibility—life membership exceeding 5% on 1 January 1992	31
	30D	Associated organisations	31
	30E	Maintaining records relating to club elections	32
	30F	Power to require information regarding status of eligible clubs	33
	30G	Membership rules	33
	30H	Persons may not profit from a club	35
Part 5	Control of gaming machines
Division 5.1	Administration
	31	Rules to control operation of gaming machines	37
	32	Register of gaming machines	37
	33	Repair book	37
	34	Approved suppliers	38
	34A	Approved technicians	39
	34B	Certificates for approved technicians	40
	34C	Approved attendants	41
	34D	Certificates for approved attendants	42
Division 5.2	Gaming machine dealings
	35	Acquisition of gaming machines—general	43
	36	Acquisition of gaming machines—approval	43
	37	Financial arrangements—approval	44
	38	Acquisition of gaming machines—anti-corruption offences	44
	39	Possession and control of gaming machines	46
	39A	Operation of gaming machines other than in accordance with licences	46
	39B	Repossession of gaming machines—general	47
	39C	Repossession of gaming machines—approval	48
	39D	Repossession of gaming machines—contravention of approval conditions	49
	39E	Disposal of gaming machines—general	49
	39F	Disposal of gaming machines—approval	49
Division 5.3	Installation and operation of gaming machines
	40	Installation to be in accordance with Act	50
	41	Installation to be in accordance with approval of commission	51
	42	Installation not to constitute a nuisance	51
	43	Persons who may install gaming machines	52
	43A	Meter readings—certificate	52
	43B	Installation certificate	52
	43C	Operation after installation	52
	44	Operation to be subject to correct percentage payout	53
Division 5.4	Linked jackpot arrangements
	45	Operation of linked jackpot arrangements	53
	45A	Linked jackpot arrangements—single club licence	53
	45B	Interclub permits—issue	54
	45C	Interclub permits—conditions	56
	45D	Interclub permits—duration	57
	45E	Interclub permits—renewal	58
	45F	Interclub permits—variation at commission’s discretion	58
	45G	Interclub permits—variation on request by permit-holder	58
	45H	Interclub permits—variation of financial and operational aspects	60
	45J	Interclub permits—transfer	60
	45K	Interclub permits—cancellation	61
	45L	Interclub permits—surrender	63
	45M	Undisbursed and unclaimed jackpots	63
Division 5.5	Regulation of gaming machines generally
	46	Repair and adjustment of gaming machines	64
	47	Interference with gaming machines	64
	48	Opening computer cabinets	65
	49	Percentage payout of gaming machines to be displayed	65
	50	Rendering gaming machines inoperable on licence ceasing to be in force	65
	51	Removal of gaming machines from premises	66
Part 5A	Gaming areas
	51B	Warning notices	69
	51C	Cash facilities	70
	51D	Lending or extending credit	70
	51E	Entry to gaming area by persons under 18	71
	51F	Persons under 18 must not play gaming machines	71
	51G	False identification	72
Part 6	Review
	52	Notice of reviewable decisions	73
	52A	Review of decisions	75
	53	Revocation of certain decisions of commission	75
Part 7	Finance
Division 7.1	General
	54	Accounts relating to gaming machines	76
	55	Falsifying records etc	76
	56	Audit of records	77
	57	Gaming machine tax—imposition	77
	58	Gaming machine tax—liability	78
	58A	Tax credits and refunds in relation to GST for clubs	78
	59	Returns	79
	60	Payment of gaming machine tax following transfer	80
Division 7.2	Community contributions
	60A	Contributions	80
	60B	Approval of community contributions	81
	60C	Records of contributions	81
	60D	Report	82
	60E	Commission must report to Minister	82
	60F	Minister must table commission’s report	82
	60G	The required community contributions	82
	60H	Community contribution shortfall tax—imposition	84
	60I	Community contribution shortfall tax—liability	84
	60J	Community contribution shortfall tax—allocation	84
Part 8	Miscellaneous
	61	Canberra Airport	85
	62	Conduct by directors, servants or agents	85
	63	Offences may be dealt with summarily	86
	64	Evidentiary certificates	86
	66	Determination of fees	86
	67	Regulation-making power	87
	68	Transitional provision for clubs not incorporated under the Corporations Law	87
	69	Transitional provision for associated organisations	87
	70	Transitional provision for clubs with noncomplying membership rules	88
Endnotes
	1	About the endnotes	89
	2	Abbreviation key	89
	3	Legislation history	90
	4	Amendment history	93
	5	Earlier republications	101

Amendments incorporated to
12 September 2001

Australian Capital Territory
Gaming Machine Act 1987

An Act relating to gaming machines

    

Part 1	Preliminary
1	Short title
This Act may be cited as the Gaming Machine Act 1987.
2	Incorporation of the Control Act
The Control Act is incorporated and shall be read as one with this Act.
4	Definitions for Act
In this Act:
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
acquire, in relation to a gaming machine, means take possession of the machine for the purpose of using it for gaming.
approved attendant—see section 34C. 
approved supplier—see section 34. 
approved technician—see section 34A.
associated entity—see the Electoral Act 1992, section 198 (1).
associated organisation, in relation to a club, means an organisation approved in respect of the club under section 30D.
bar-room—see the Liquor Act 1975, section 4.
candidate—see the Electoral Act 1992, dictionary. 
censure—see section 24.
charitable organisation means an organisation, whether incorporated or not, formed or carried on primarily for charitable, benevolent, philanthropic or religious purposes, but does not include an organisation formed or carried on for the purpose of trading or securing a pecuniary profit to its members.
class A gaming machine means a single-stake machine—
	(a)	designed to be played by the insertion of a coin; and
	(b)	designed to allow for the payment of winnings by the discharge of coins from the machine; and
	(c)	designed to allow winnings of no more than 
40 times the amount of the coin inserted to play the machine; and
	(d)	equipped with a computer cabinet.
class B gaming machine means a gaming machine of a kind prescribed by the regulations, being—
	(a)	a single-stake machine equipped with a computer cabinet; or
	(b)	a multi-stake machine equipped with a computer cabinet.
class C gaming machine means a gaming machine of a kind prescribed by the regulations, being—
	(a)	a single-stake machine equipped with a computer cabinet; or
	(b)	a multi-stake machine equipped with a computer cabinet.
club means a club that is—
	(a)	a company within the meaning of the Corporations Act; or
	(b)	an incorporated association.
community contribution—see section 60B.
community contribution shortfall—see section 60H.
community contribution shortfall tax means the tax imposed by section 60I.
computer cabinet means the sealable part of a gaming machine that contains the game storage medium and the random access memory.
constitution means, in the case of a club—
	(a)	that is a company—the memorandum, and any articles of association, of the company; or
	(b)	that is an incorporated association—the statement of objects and rules of the association.
contribution means any money, benefit, valuable consideration or security.
Control Act means the Gambling and Racing Control Act 1999.
disciplinary action—see section 24.
dispose of, in relation to a gaming machine, includes the lease or hire of the machine to a person.
eligible club—see section 30C.
eligible object—see section 30B.
game, in relation to a gaming machine, means a play, or a series of plays, initiated by the application of a single stake registered on the machine.
gaming area means a room or other area within licensed premises approved under section 41 for the installation of gaming machines.
gaming machine means a machine—
	(a)	designed for playing a game of chance, or of mixed chance and skill; and
	(b)	designed to be played (wholly or in part)—
	(i)	by the insertion of 1 or more coins, notes or tokens; or
	(ii)	by the application of a monetary credit, registered on the machine; and
	(c)	which offers, or which appears to offer, persons a chance to win monetary or other valuable consideration by playing the machine.
gaming machine tax means the tax imposed by section 57.
general licence means a general licence under the Liquor Act 1975.
gross revenue, in relation to a licensee or person, means all revenue derived by the licensee or person from the operation of gaming machines, after deducting from that revenue—
	(a)	the amount of winnings for playing the machines paid or payable in accordance with the machines’ indicated prize scales (excluding linked jackpots); and
	(b)	any amount set aside under a linked jackpot arrangement for the payment of linked jackpots.
grounds for disciplinary action—see section 24A.
incorporated association means an association incorporated under the Associations Incorporation Act 1991 or under the Act repealed by that Act.
inquiry means an inquiry held by the commission under the Control Act.
interclub permit means a permit issued under section 45B.
jackpot, in relation to a gaming machine, means the combination of letters, numbers, symbols or representations on the reels of the machine for which is payable the maximum winnings applicable to that machine in respect of any 1 combination.
licence means a gaming machine licence issued under section 14A or 15.
licensed gaming machines, in relation to a licence, means gaming machines of the number, class, type, basic stake denomination and percentage payout specified in the licence.
licensed premises means premises in respect of which a licence is in force.
licensee means—
	(a)	in relation to a licence—the holder of the licence; and
	(b)	in relation to licensed premises—the holder of the licence in force in respect of those premises.
life member, in relation to a club, means a person who is elected to membership of the club for life under the rules of the club.
linked jackpot means winnings in connection with a linked jackpot arrangement operated in accordance with a permit under division 5.4.
linked jackpot arrangement means an arrangement whereby 2 or more gaming machines are linked to a device, being a device—
	(a)	that records, from time to time, the amount that is payable as winnings in connection with the arrangement; and
	(b)	that, for the purpose of recording that amount referred to in paragraph (a), receives messages from each machine to which it is linked; and
	(c)	that is not capable of affecting the percentage payout of, or transmitting a message to, a machine to which it is linked.
liquor means a beverage that contains more than 1.15 % by volume of ethyl alcohol.
member, in relation to a club, means—
	(a)	a member who, under the rules of the club, is required to pay fees; or
	(b)	a life member.
multi-stake machine means a gaming machine designed to allow single or multiple stakes, to a maximum value prescribed under section 4A for each game.
net revenue, of a licensee that is a club, means gross revenue derived by the licensee, less—
	(a)	any amount of tax payable under section 57; and
	(b)	15% of the gross revenue.
officer, in relation to a club, means—
	(a)	the holder of any office of the club (however described), including the offices of secretary, treasurer, executive officer or public officer; or
	(b)	any other person who is concerned in or takes part in the management of the club’s affairs;
	but does not include a patron or the holder of another honorary office of the club if the office does not confer on its incumbent a right to participate in the management of the association’s affairs.
on licence means an on licence under the Liquor Act 1975.
percentage payout, in relation to a gaming machine, means the percentage calculated for that machine in accordance with section 16A.
permit holder means the holder of an interclub permit.
prescribed identity document, for an individual, means a document that—
	(a)	contains information that indicates that the individual showing it is more than 18 years old; and
	(b)	contains a photo that could reasonably be thought to be of the individual displaying it; and
	(c)	is 1 of the following:
	(i)	a licence issued under the Road Transport (Driver Licensing) Act 1999;
	(ii)	a proof of age card issued under the Liquor Act 1975;
	(iii)	a document equivalent to a document referred to in subparagraph (i) or (ii) that has been issued in a State or another Territory;
	(iv)	a passport.
prescribed percentage, in relation to a licensee, means—
	(a)	if the licensee is a club whose gross revenue for the relevant month does not exceed $8 000—nil; or
	(aa)	if the licensee is a club whose gross revenue for the relevant month exceeds $8 000—
	(i)	in respect of that part of the gross revenue that does not exceed $8 000—1%; and
	(ii)	in respect of that part of the gross revenue that exceeds $8,000 but does not exceed $25 000—23.5%; and
	(iii)	in respect of that part of the gross revenue that exceeds $25,000 but does not exceed $50 000—24.5%; and
	(iv)	in respect of that part of the gross revenue that exceeds $50 000—25.0%; or	
	(b)	if the licensee is not a club—25.9%.
registered party—see the Electoral Act 1992, dictionary.
relevant influential person, in relation to a body corporate, means—
	(a)	a director or secretary of the body; or
	(b)	a person who is—
	(i)	substantially concerned in the management of the body; or
	(ii)	able to control, or to substantially influence, the body’s activities or internal affairs.
repossession, in relation to a gaming machine, includes the taking of possession of the machine under a default provision in a financial agreement.
required community contribution—see section 60G.
rules, in relation to a club, means rules of the club.
secretary, in relation to a club, includes a person concerned in the management of the club.
single-stake machine means a gaming machine designed to allow single stakes—
	(a)	of no more than 1 coin for each game, to a maximum value prescribed under section 4A for each game; or
	(b)	in the case of a machine played by the application of credit—to the maximum value referred to in paragraph (a) for each game.
statement of objects means, in the case of a club—
	(a)	that is a company—the memorandum of the company; or
	(b)	that is an incorporated association—the statement of objects of the association.
tribunal means the administrative appeals tribunal.
unlawful game—see the Unlawful Games Act 1984, section 3.
unsuitable person means an individual who has been convicted within the previous 5 years, whether in the Territory or elsewhere, of an offence—
	(a)	involving fraud or dishonesty; or
	(b)	that is punishable by a term of imprisonment; or
	(c)	against a gaming law of the Territory or a similar law of another jurisdiction.
voting member—see section 30G.
4A	Maximum stake values—prescription
The regulations may prescribe maximum stake values for the purposes of the definitions of multi-stake machine and single-stake machine in section 4.
5	Relationship with other laws
Notwithstanding any other law of the Territory—
	(a)	a person who is the holder of a general licence or on licence does not commit an offence by reason only of the installation, in accordance with this Act, of a gaming machine on the premises to which the licence applies; and
	(b)	a person does not commit an offence by reason only of the operation, in accordance with this Act, of a gaming machine on premises to which a general licence or on licence applies.

Part 2	Administration
6	Administration
The commission has the general administration of this Act.
8	Register of licences
The commission shall keep a register of licences and shall enter in the register particulars of the issue, variation, transfer, suspension or cancellation of licences and such other particulars as the commission considers appropriate.

Part 4	Licences
Division 4.1A	Authority conferred by licences
13A	Authorised activities
A licence authorises the licensee, subject to this Act—
	(a)	to acquire and dispose of the licensed gaming machines; and
	(b)	to install the licensed gaming machines on the licensed premises; and
	(c)	to operate the licensed gaming machines on the licensed premises—
	(i)	if the licensee is a club—at any time at which the premises are open to members of the club; or
	(ii)	in any other case—at any time at which the premises are open for the sale of liquor.
Division 4.1	Issue of licences
14	Application for licence
	(1)	An application for a licence may be made by—
	(a)	a club; or
	(b)	a person who is the holder of a general licence; or
	(c)	a person who is the holder of an on licence;
in relation to the premises of the club, or the premises in respect of which the general licence or on licence applies, as the case may be.
Note	A fee may be determined under s 66 (Determination of fees) for this section.
	(2)	An application for a licence shall be in writing and—
	(a)	shall, in the case of an application by a natural person—
	(i)	specify the name and address of the applicant; and
	(ii)	be signed by the applicant; and
	(b)	shall, in the case of an application by a club—
	(i)	specify the name and address of—
	(A)	the club; and
	(B)	each officer of the club; and
	(C)	each relevant influential person; and
	(ii)	specify in relation to each relevant influential person the nature of that person’s relationship to the club; and
	(iii)	be accompanied by—
	(A)	a copy of the constitution and rules of the club; and
	(B)	a list of names, in alphabetical order, and addresses of all members of the club at the date of the application, certified by the secretary of the club to be correct; and
	(C)	a statement, signed by the secretary of the club, setting out the grounds on which it is claimed that the club is an eligible club; and
	(iv)	be signed by the secretary of the club; and
	(c)	shall, in the case of an application by a body corporate other than a club—
	(i)	specify the name and address of the directors of the body corporate; and
	(ii)	be signed by a director of the body corporate on behalf of the body corporate; and
	(e)	shall specify the class, number, type, coin denomination and percentage payout of gaming machines in respect of which the licence is sought; and
	(f)	must be accompanied by rules that the licensee proposes to adopt to control the operation of gaming machines on the licensed premises; and
	(g)	must be accompanied by an application for approval, in accordance with section 41, of the part of the premises where the gaming machines are to be installed; and
	(h)	must be accompanied by any other information or document required by the commission.
14A	Issue or refusal of licences—clubs
Where in respect of an application by a club the commission is satisfied that—
	(a)	the club is an eligible club; and
	(b)	the application complies with the requirements of section 14; and
	(c)	the size and layout of the premises to which the application relates are suitable for the installation and use of gaming machines; and
	(d)	the proposed rules to control the operation of gaming machines are satisfactory; and
	(e)	at a ballot conducted in accordance with the regulations, a majority of the voting members of the club who voted in the ballot voted in favour of the operation of gaming machines on the club premises;
the commission shall, subject to section 15A, issue a licence in relation to the premises of the club.
15	Issue or refusal of licences—general licensees and on licensees
	(1A) 	In this section:
relevant premises means the premises in relation to which the holder of a general licence or an on licence has applied for a licence.
	(1)	Subject to sections 15A, 18 and 20, the commission shall issue a licence in relation to the relevant premises unless—
	(a)	the applicant does not comply with a requirement under the Control Act, section 17 to give information to the commission; or
	(b)	the application does not comply with the requirements of section 14; or
	(c)	the size and layout of the premises to which the application relates are not suitable for the installation and use of gaming machines; or
	(d)	in the case of an application by a natural person—the applicant has not attained the age of 18 years; or
	(e)	in the case of an application by a body corporate—any of the directors of the body corporate is a person who has not attained the age of 18 years.
15A	Issue or refusal of licences—offences
	(1)	This section applies—
	(a)	in the case of a club—to a relevant influential person; and
	(b)	in the case of the holder of a general licence or on licence (not being a club)—
	(i)	where the holder is a natural person—to that person; or
	(ii)	where the holder is a body corporate—to any of the directors of the body corporate.
	(2)	The commission may refuse to issue a licence if a person to whom this section applies is an unsuitable person.
16	Issue of licence
Despite the number and type of gaming machines specified in an application for a licence, the commission may determine the number and type of gaming machines to be specified in the licence having regard to—
	(a)	the size and layout of the premises to which the application relates; and
	(b)	the size and layout of the room or area in which it is proposed to install gaming machines; and
	(c)	in the case of an application by a club—the number of members of the club; and
	(d)	such other matters as are relevant.
16A	Percentage payout—calculation
	(1)	The percentage payout for a class A or class C gaming machine, not being a machine in a linked jackpot arrangement, is the percentage of the value of the defined number of stakes which would be payable as winnings if the machine were to be played using that number of stakes.
	(2)	The percentage payout for a class B gaming machine, not being a machine in a linked jackpot arrangement, is the percentage of the turnover of the machine which would be payable as winnings if the machine were to be played with reasonable strategies that would be adopted by persons displaying average skills in playing the machine.
	(3)	The percentage payout for a gaming machine in a linked jackpot arrangement is the sum of the following 2 percentages:
	(a)	the percentage payout which would be applicable to the machine under this section if it were not in a linked jackpot arrangement;
	(b)	the percentage of the turnover of the machine which is set aside under the arrangement for the payment of linked jackpots. 
	(4)	In this section:
defined number, in relation to a class A or class C gaming machine, means the product of the number of stopping positions on each reel in the machine.
17	Approval of percentage payout
	(1)	The commission must approve for each gaming machine to which a licence relates a percentage payout that is not less than 85%.
	(2)	The percentage payout for each gaming machine must be specified in the licence.
18	Conditions for issue of licences—gaming machines
	(1)	A licence shall not be issued to a club except in respect of class B gaming machines or class C gaming machines.
	(2)	A licence shall not be issued in respect of premises to which a general licence applies—
	(a)	where the premises contain not less than 12 rooms that are for use as residential accommodation for lodgers—
	(i)	except in respect of class A gaming machines or such class B gaming machines as are prescribed; or
	(ii)	in respect of more than 3 class A gaming machines; or
	(iii)	in respect of more than 10 class B gaming machines; or
	(iv)	in respect of gaming machines designed to be played using basic stake denominations of greater than an amount prescribed by the regulations; and
	(b)	where the premises do not contain any rooms that are for use as residential accommodation for lodgers or contain less than 12 such rooms—
	(i)	except in respect of class A gaming machines; or
	(ii)	in respect of more than 2 gaming machines; or
	(iii)	in respect of gaming machines designed to be played using basic stake denominations of greater than an amount prescribed by the regulations.
	(3)	A licence shall not be issued in respect of premises to which an on licence applies—
	(a)	except in respect of class A gaming machines; or
	(b)	in respect of more than 2 gaming machines; or
	(c)	in respect of gaming machines designed to be played using basic stake denominations of greater than an amount prescribed by the regulations.
20	Conditions for issue of licences—premises
A licence shall not be issued in respect of premises to which a general licence or an on licence applies unless—
	(a)	the premises have, for a continuous period of not less than 12 months immediately preceding the making of the application for the gaming machine licence, been the subject of a general licence or an on licence; and
	(b)	the installation and use on the premises of gaming machines are not likely to affect adversely—
	(i)	the nature or character of the premises; or
	(ii)	the general use of the premises or enjoyment of persons using the premises; and
	(c)	in the case of an on licence—the premises are primarily used by persons for the consumption of liquor.
21	Licensee must comply with code of practice
A licensee must comply with the relevant code of practice (if any) prescribed under the Control Act.
Division 4.2	Variation and transfer of licences
22	Variation of licences
	(1)	At the written request of a licensee, the commission may vary the licence for the purpose of—
	(a)	increasing or reducing the number of licensed gaming machines; or
	(b)	altering the percentage payout of a licensed gaming machine; or
	(c)	altering the basic stake denomination of a licensed gaming machine; or
	(d)	altering the type of a licensed gaming machine; or
	(e)	making changes to the premises to which the licence applies; or
	(f)	moving to different premises.
	(2)	An application must be accompanied by—
	(a)	if the application is for a change to the premises or moving to different premises—an application for approval, in accordance with section 41, of the part of the premises where the gaming machines are to be installed; and
	(b)	any other information or document required by the commission.
Note	A fee may be determined under s 66 (Determination of fees) for this section. 
	(3) 	The commission must not vary the licence to increase the number of licensed gaming machines unless satisfied that—
	(a)	the licensee has maintained and operated the existing machines in accordance with this Act; and
	(b)	the increase is reasonable, having regard to—
	(i)	the size and layout of the premises; and
	(ii)	if the licensee is a club—the number of its members. 
	(4)	The commission shall not approve the variation of a licence—
	(a)	if the licensee owes any money to the Territory under a tax law or a gaming law; or
	(b)	where the licensee is a club—if the commission considers that it is not in the best interests of the members of the club; or
	(c)	in the case of a variation under subsection (1) (b), (c) or (d)—if the commission considers that the variation is technically unsuitable, having regard to any technical evaluation relevant to the gaming machine in question, or to gaming machines of the same type.
	(5)	As soon as practicable after varying a licence, the commission shall give the licensee a notice specifying—
	(a)	the variation; and
	(b)	the period within which the licensee is required to implement the changes authorised by the variation. 
	(6)	Subject to subsection (7), the variation of a licence comes into effect on the implementation of the changes authorised by the variation.
	(7)	The commission may revoke a variation of a licence if the commission is satisfied on reasonable grounds that the licensee has not implemented the changes authorised by the variation within the period specified under subsection (5) (b), or any longer period allowed by the commission.
23	Transfer of licence
	(1)	The commission may approve the transfer of a licence issued in respect of premises to which a general licence or on licence applies to a person who is eligible for such a gaming machine licence.
	(1A) 	The commission may approve the transfer of a gaming machine licence held by a club in respect of the premises of the club to another club which holds a gaming machine licence in respect of its premises.
	(2)	An application for the transfer of a licence—
	(a)	shall be in writing and signed—
	(i)	in the case of an application by a natural person—by the applicant; and
	(ii)	in the case of an application by a body corporate—by a director of the body corporate on behalf of the body corporate; and
	(b)	shall be lodged with the commission; and
	(c)	shall state the full name and address—
	(i)	in the case of an application by a natural person—of the applicant; and
	(ii)	in the case of an application by a body corporate—of each director of the body corporate; and
	(d)	must be accompanied by such other information as the commission requires.
	(3)	The commission shall not approve the transfer of a licence—
	(a)	that has been cancelled; or
	(b)	that has ceased to be in force by virtue of section 25 (3); or
	(c)	at any time during which a suspension of the licence is in force; or
	(d)	at any time after giving a person under section 24B (1) an opportunity of showing cause why the licence should not be suspended or cancelled and before the date on which the decision of the commission whether so to cancel or suspend the licence is made.
	(4)	Where the commission approves the transfer of a licence, the licensee shall lodge with the commission —
	(a)	the licence; and
	(b)	the repair book of gaming machines kept in connection with the licence pursuant to section 33; and
	(c)	such of the accounts kept in connection with the licence pursuant to section 54 as relate to moneys taken during the month then current together with such other accounts kept in connection with the licence pursuant to that section as the commission requires.
	(5)	The commission shall—
	(a)	upon receipt by the commission of the licence and repair book and accounts referred to in subsection (4); and
	(b)	upon payment by the licensee of any relevant amount referred to in subsection (6) that remains unpaid;
endorse on the licence a memorandum of the transfer and deliver the licence and the repair book and accounts to the person to whom the licence is transferred.
	(6)	For the purposes of subsection (5), the relevant amount is any amount that is payable by the licensee under the Control Act in respect of gaming machine tax in relation to gaming machines installed on the licensed premises being an amount payable in respect of any time before the month in which the licence is received by the commission.
Division 4.2A	Restrictions on gaming machines
23A	Application
	(1)	This division has effect notwithstanding any other provision of this part.
	(2)	This division ceases to operate on 30 June 2002.
23B	 Restriction on gaming machines
	(1) 	This section applies to—
	(a)	an application for a licence; or
	(b)	a request to vary a licence for the purpose of increasing the number of licensed gaming machines.
	(2)	The commission shall not—
	(a)	issue a licence on an application; or
	(b)	vary a licence on a request;
to which this section applies if—
	(c)	to issue a licence; or 
	(d)	to increase the number of licensed gaming machines;
would result in the number of gaming machines on licensed premises exceeding 5 200.
	(3)	In determining the number of type of gaming machines to be specified in a licence issued on an application, or varied on a request, to which this section applies, the commission, in addition to the matters about which the commission is to be satisfied or to which the commission is to have regard under this part, shall also have regard to—
	(a)	in the case of a request by a club to vary a licence—the ratio of the membership to the number and types of gaming machines in existing clubs; and
	(b)	in the case of an application or request made by a club—the extent to which the club is likely to contribute to, support and be beneficial to the community; and
	(c)	such other matters as are relevant.
23C	Circumstances in which restriction does not apply
Section 23B does not apply in relation to a club that, on 24 June 1998, did not hold a licence if, having regard to the following criteria, the commission is satisfied that the section should not apply in relation to that club:
	(a)	the commission is satisfied that the club has, before that date, made a significant investment in its facilities and has demonstrated a commitment to providing services to the community;
	(b)	the importance of the club to the community and the extent to which the club is likely to contribute to, support and be beneficial to the community;
	(c)	the corporate and financial relationships with an existing club;
	(d)	the extent to which the financial viability of the club would be affected if the licence were not issued;
	(e)	such other matters as are relevant.
Division 4.3	Disciplinary action by the commission
24	Commission may take disciplinary action against licensee 
	(1)	If the commission is satisfied that grounds for disciplinary action exist in relation to a gaming machine licence, the commission may take any of the following disciplinary actions that it thinks appropriate:
	(a)	issue a censure; 
	(b)	impose conditions on, or vary the conditions of, the licence;
	(c)	impose a monetary penalty not exceeding $10 000;
	(d)	suspend the licence for a specified period or until a specified condition is fulfilled;
	(e)	suspend the licence indefinitely; 
	(f)	cancel the licence.
	(2)	In this Act:
censure means a notice to a gaming machine licensee that sets out grounds of disciplinary action against the licensee.
	(3)	A censure may include a direction that requires the gaming machine licensee, within a specified time—
	(a)	to cease contravening a provision of this Act or condition of the licence; or
	(b)	to rectify a matter that contributes to the grounds of disciplinary action.
	(4)	A licence has no effect for the purposes of section 5 while it is suspended but the suspension does not affect its operation for any other purpose.
	(5)	A monetary penalty imposed under this section may be recovered as a debt due to the Territory. 
24A	Grounds for disciplinary action
In this Act, grounds for disciplinary action exist in relation to a gaming machine licence if—
	(a)	information given to the commission by the licensee at any time was false, incomplete or otherwise misleading; or
	(b)	the licensee or an agent or employee of the licensee contravenes a provision of this Act or a condition of the licence; or
	(c)	the licensee or, in the case of a club, a relevant influential person is or becomes an unsuitable person; or
	(d)	in the case of a licence issued in relation to the premises of a club—
	(i)	the club has been or is about to be wound up; or
	(ii)	the club has not operated for a period of 3 months or for a longer period allowed by the commission; or
	(iii)	the club has ceased to be an eligible club; or
	(e)	in the case of a licence issued in respect of premises to which an on licence applies—the premises have ceased to be used by persons primarily for the consumption of liquor.
24B	Procedure for disciplinary action
	(1)	Subject to this section, the commission must not take disciplinary action against a licensee unless the commission has given the licensee—
	(a)	21 days notice that the action is contemplated, and the grounds for it; and
	(b)	a reasonable opportunity to show cause why the proposed action should not be taken.
	(2)	If a direction given in a censure is not complied with in the specified time, the commission may take further disciplinary action without complying with subsection (1).
	(3)	A member of the commission who has participated in a decision to issue a censure is not prevented by that reason alone from participating in a decision on whether further disciplinary action should be taken under subsection (2). 
	(4)	The commission may reduce the severity of a disciplinary action by sending a written notice to the licensee.
	(5)		A disciplinary action or an action under subsection (4) takes effect when written notice of the action is received by the licensee, or on a later date specified in the notice.
25	Suspension of licences etc in particular circumstances
	(1)	Where a general licence or on licence relating to premises in respect of which a gaming machine licence applies is not renewed under the Liquor Act 1975, the gaming machine licence ceases to be in force.
	(2)	Where a general licence or on licence relating to premises in respect of which a gaming machine licence applies is suspended under the Liquor Act 1975, the gaming machine licence is suspended for the period of suspension of the general licence or on licence, as the case may be.
	(3)	Where a general licence or on licence relating to premises in respect of which a gaming machine licence applies is cancelled under the Liquor Act 1975, the gaming machine licence ceases to be in force.
	(4)	A licence shall not be taken to be in force during the period for which it is suspended.
26	Cancellation of club licences on members’ ballot
	(1)	The commission shall cancel a licence held by a club if the commission is satisfied that, at a ballot, a majority of the voting members of the club who voted in the ballot voted in favour of the cancellation of the licence.
	(2)	A ballot for the purposes of subsection (1) shall be conducted in the manner prescribed by the regulations.
Division 4.4	General
29	Issue of copy of licence
Where the commission is satisfied that a licence in force under this Act has been lost or destroyed, the commission may issue to the licensee a copy of the licence and that copy has, for the purposes of this Act, the same force and effect as the licence.
Note	A fee may be determined under s 66 (Determination of fees) for this section.
30	Display of licence
Except where a licensee ceases to have possession of a licence as a result of the licence being forwarded to the commission for the purposes of section 22 (5) or 23 (4), the licensee shall cause the licence to be displayed in a conspicuous position on the licensed premises.
Maximum penalty:	  			5 penalty units.
30A	Changes in influential persons
	(1)	If it is proposed that—
	(a)	a person become or cease to be a relevant influential person in relation to a body; or
	(b)	there be any other change in the relationship of a relevant influential person to a body;
the body must give the commission written notice of the person’s name and residential address and details of the proposed change.
Maximum penalty:  100 penalty units.
	(2)	If—
	(a)	a person has become or has ceased to be a relevant influential person in relation to a body; or
	(b)	there has been any other change in the relationship of a relevant influential person to a body;
and no notice was given in accordance with subsection (1), the body must, within 28 days, give the commission written notice of the person’s name and residential address and details of the change.
Maximum penalty:  100 penalty units.
	(3)	In this section:
body means a corporation that—
	(a)	holds or has applied for a licence; or
	(b)	is a partner in a partnership on behalf of which a person holds or has applied for a licence, whether or not the partner’s name appears on the licence or the application.
Division 4.5	Special provisions relating to clubs
30B	Eligible objects
	(1)	An object of a club is an eligible object if—
	(a)	it has the purpose of furthering or promoting—
	(i)	recreation; or
	(ii)	social, religious, political, literary, scientific, artistic, sporting or athletic purposes; or
	(b)	it is approved, in writing, by the Minister; or
	(c)	it is substantially the same as an object mentioned in paragraph (a) or (b).
	(2)	An approval under subsection (1) (b) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
30C	Eligible clubs
	(1)	A club is an eligible club if—
	(aa)	the club is incorporated in the Territory under the Corporations Law; and
	(a)	the club’s statement of objects—
	(i)	includes eligible objects; and
	(ii)	indicates that the eligible objects together constitute the main part of its objects; and
	(b)	the club is conducted primarily to achieve eligible objects; and
	(c)	the rules of the club—
	(i)	satisfy section 30G (Membership Rules); and
	(ii)	are consistent with section 30H (Persons may not profit from the club); and
	(iii)	do not prohibit the playing of games of chance for money on the premises of the club; and
	(d)	the club has at least 200 voting members; and
	(e)	the number of life members of the club does not exceed 5% of the number of voting members of the club; and
	(f)	the premises occupied by the club, and the facilities and property of the club, are kept and maintained for the benefit of members generally.
	(2)	Subsection (1) (aa) does not apply to a club that:
	(a)	was a licensee on 30 June 2000; and
	(b)	in the financial year ending 30 June 2000 had a corrected gross revenue of less than $500 000;
until the relevant period after a later financial year in which the club had a gross revenue of $500 000 or more.
	(3)	In this section:
corrected gross revenue—if a club is a licensee for only a fraction (F) of a financial year, and has a gross revenue for that time of R, the club’s corrected gross revenue for the year is R/F. 
relevant period means 6 months or such longer period, of not more than 2 years, as the commission allows on the application of the club. 
30CA	Club eligibility—life membership exceeding 5% on 1 January 1992
	(1)	This section applies to a club if, on 1 January 1992, more than 5% of the ordinary members of the club were life members.
	(2)	If this section applies to a club, on and after 1 January 1992 the eligibility of the club is not to be taken to be affected by reason only that it does not satisfy section 30C (f).
	(3)	If this section applies to a club, the club ceases to be an eligible club if, at any time after the commencement of the Gaming Machine (Amendment) Act 1993, section 18—
	(a)	more than 5% of the ordinary members of the club are life members; and
	(b)	the club grants life membership to another ordinary member.
30D	Associated organisations
	(1)	Where the commission is satisfied—
	(a)	that an organisation is associated with a club; and
	(b)	that the organisation is not carried on for the purpose of profit or gain to its members or any other person; and
	(c)	it is incorporated under the Corporations Act or as an association; and
	(d)	its statement of objects—
	(i)	includes eligible objects; and
	(ii)	indicates that the eligible objects together constitute the main part of its objects; and
	(e)	it is conducted primarily to achieve eligible objects; and
	(f)	approval of the organisation as an associated organisation would not result in the club ceasing to be conducted primarily to achieve eligible objects;
the commission may, by instrument, approve the organisation for the purposes of the definition of associated organisation in section 4.
	(2)	In this section—
	(a)	a reference to the statement of objects of an organisation incorporated under the Corporations Act is a reference to its memorandum; and
	(b)	a reference to an eligible object of an organisation that is not a club is a reference to an object that would be an eligible object if the organisation were a club.
30E	Maintaining records relating to club elections
	(1)	A club shall not fail, without reasonable excuse, to maintain records of—
	(a)	the election of members of the club; and
	(b)	the election or re-election of members of the governing body of the club;
for at least 2 years after the election or re-election, as the case may be.
Maximum penalty:	  20 penalty units.
	(2)	In subsection (1):
club means a club in relation to whose premises a licence has been issued.
30F	Power to require information regarding status of eligible clubs
	(1)	Where the commission suspects on reasonable grounds that a club has ceased to be an eligible club, the commission may, by instrument served on an officer of the club, require the officer, within the period specified in the instrument—
	(a)	to give information; or
	(b)	to produce documents;
to the commission in connection with the club or an organisation that is an associated organisation of the club.
	(2)	In subsection (1):
club means a club in relation to whose premises a licence has been issued.
30G	Membership rules
The rules of a club satisfy this section only if they have the effect that—
	(a)	the club has members who are entitled to vote on matters to be decided by the club (voting members); and
	(b)	a voting member—
	(i)	is entitled to vote on every matter to be decided by the club (other than matters to be decided by the governing body); and
	(ii)	has a single vote on every matter; and
	(iii)	is eligible to be elected to the governing body of the club; and
	(c)	an annual fee (whether or not payable by instalments) is required for a voting member; and
	(d)	a person is not eligible to become a voting member unless he or she—
	(i)	is at least 18 years old; and
	(ii)	has been elected to membership by—
	(A)	a meeting of voting members of the club; or
	(B)	a duly convened meeting of the governing body or a committee of the club, the names of whose members present and voting at that meeting are recorded by the secretary; and
	(e)	a person who is eligible to be a voting member—
	(i)	becomes a voting member on payment of an annual fee or an instalment; and
	(ii)	remains a voting member for the period covered by the fee or instalment; and
	(iii)	ceases to be a voting member at the end of a period if the fee for the following period has not been paid; and
	(f)	at periods of not more than 3 years the term of office of the governing body of the club ends and—
	(i)	the members of the governing body are elected or re-elected by voting members of the club; or
	(ii)	1 or more members of the governing body are elected or re-elected on the nomination of, or in accordance with the direction of, an associated organisation and any other members of the governing body are elected or re-elected by voting members of the club. 
30H	Persons may not profit from a club
	(1)	A person (whether or not a member) must not derive, directly or indirectly, any benefit from a club other than a benefit that—
	(a)	is available equally to all voting members of the club; or
	(b)	arises under an agreement in which the parties are dealing with each other at arm’s length; or
	(c)	is conferred on a member under a resolution passed at a general meeting of voting members.
	(2)	A person (whether or not a member) must not derive, directly or indirectly, any benefit from—
	(a)	the club having applied for a licence; or
	(b)	a licence being issued to the club; or
	(c)	any added value that may accrue to the premises of the club because of a licence being issued to the club;
that is not available equally to all voting members of the club.
	(3)	For this section, a person is not excluded from being regarded as dealing with the club at arm’s length only because—
	(a)	the person and the club are bodies corporate that are related under the Corporations Act, section 50; or
	(b)	either—
	(i)	the person; or
	(ii)	an individual representing the person in dealings with the club;
		is a relevant influential person in relation to the club.
	(4)	This section does not prevent a person taking a benefit if—
	(a)	the person is entitled (whether or not under the rules of the club) to the benefit in the course of acting on behalf of the club; and
	(b)	the benefit consists only of—
	(i)	reasonable food or refreshment; or
	(ii)	out-of-pocket expenses reasonably incurred and authorised by a resolution of the club’s governing body.

Part 5	Control of gaming machines
Division 5.1	Administration
31	Rules to control operation of gaming machines
	(1)		A licensee must enforce the rules approved by the commission to control the operation of gaming machines on its licensed premises.
	(2)	The commission may, on the application of the licensee, approve a variation in the rules.
32	Register of gaming machines
	(1)	A licensee shall keep a register of the gaming machines that are installed on the licensed premises.
	(2)	The particulars required to be entered in the register in relation to each gaming machine shall be entered under a distinct number that shall correspond with a number displayed on the machine.
	(3)	The following particulars shall be entered in the register in relation to each gaming machine installed on licensed premises:
	(a)	the number of the machine;
	(b)	the type of the machine;
	(c)	the class of the machine;
	(d)	the percentage payout determined by the licensee in respect of the machine; 
	(e)	such other particulars as the commission requires.
Maximum penalty:  5 penalty units.
33	Repair book
	(1)	A licensee shall keep a repair book of gaming machines.
	(2)	A licensee shall enter in the repair book details of any period during which, and of the reason why, a gaming machine on the licensed premises was not in operation.
	(3)	Where a person repairs or adjusts a gaming machine, whether by opening the machine or not, the person shall enter in the repair book—
	(a)	such particulars as are necessary to clearly identify the machine; and
	(b)	the date on which the repair or adjustment was made; and
	(c)	particulars of the nature of the repair or adjustment; and
	(d)	such other particulars as the commission requires.
	(4)	An entry made in the repair book in relation to a gaming machine pursuant to subsection (3) shall be signed by the person who repaired or adjusted the machine.
Maximum penalty:  10 penalty units.
34	Approved suppliers
The commission may approve a person as an approved supplier for the purposes of this Act if satisfied that the person—
	(a)	sells, repairs or maintains gaming machines; and
	(b)	is of good business reputation; and
	(c)	in the case of an individual—he or she is not an unsuitable person and is of good character; and
	(d)	in the case of a body corporate—each relevant influential person is not an unsuitable person and is of good character; and
	(e)	satisfies any prescribed conditions.
34A	Approved technicians
	(1)	The commission may, on the application of an approved supplier, approve an individual as an approved technician for the purposes of this Act.
	(2)	An application must be accompanied by—
	(a)	such details as the commission requires about the person, the applicant and the relationship between them; and
	(b)	an undertaking by the person to—
	(i)	request the police to check the person’s criminal record using the person’s fingerprints; and
	(ii)	authorise the police to report to the commission the results of the check; and
	(c)	2 passport-size photographs of the person.
Note 1	A fee may be determined under s 66 (Determination of fees) for this section.
Note 2	If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms) for an application, the form must be used.
	(3)	The commission may waive a requirement imposed under subsection (2) (a) if the application is for renewal of an existing approval.
	(4)	The commission must not approve a person unless satisfied that the person is qualified.
	(5)	The commission may approve a person in relation to several suppliers.
	(6)	The commission may transfer an approval relating to an approved technician from one supplier to another.
	(7)	Approval is valid for 2 years.
	(8)	The commission may cancel an approval if the commission ceases to be satisfied that the person is qualified.
	(9)	An individual is qualified for approval under this section if he or she—
	(a)	either—
	(i)	is an approved supplier; or
	(ii)	is, or will on approval be, an employee or an agent of an approved supplier; and
	(b)	is suitably qualified to repair and adjust gaming machines serviced by the supplier; and
	(c)	is not an unsuitable person; and
	(d)	is of good character; and
	(e)	satisfies any prescribed conditions.
34B	Certificates for approved technicians
	(1)	If the commission approves a technician, the commission must issue a certificate to the supplier containing the details of the approval.
	(2)	The commission may also issue or approve an identity card to be carried by the approved technician.
	(3)	If a certificate has been issued and—
	(a)	the approval expires; or
	(b)	the approved technician ceases to be employed by or ceases to be an agent of the supplier; or
	(c)	the supplier receives notice that the approval has been withdrawn;
the supplier must return the certificate and any identity cards to the commission within 7 days.
Maximum penalty:  	5 penalty units.
	(4)	If a certificate or identity card is lost or destroyed, the commission may issue a replacement certificate or identity card.
Note	A fee may be determined under s 66 (Determination of fees) for this section.
34C	Approved attendants
	(1)	The commission may, on the application of a licensee, approve an individual as an approved attendant for the purposes of this Act.
	(2)	An application must be accompanied by—
	(a)	such details as the commission requires about the person; and
	(b)	an undertaking by the person to—
	(i)	request the police to check the person’s criminal record using the person’s fingerprints; and
	(ii)	authorise the police to report to the commission the results of the check; and
	(c)	2 passport-size photographs of the person.
Note 1	A fee may be determined under s 66 (Determination of fees) for this section.
Note 2	If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms) for an application, the form must be used.
	(3)	The commission may waive a requirement imposed under subsection (2) (a) if the application is for renewal of an existing approval.
	(4)	The commission must not approve a person unless satisfied that the person is qualified.
	(5)	The commission may approve a person in relation to several licensees.
	(6)	The commission may transfer an approval relating to an approved attendant from one licensee to another.
	(7)	Approval is valid for 2 years.
	(8)	The commission may cancel an approval if the commission ceases to be satisfied that the person is qualified.
	(9)	An individual is qualified for approval under this section if he or she—
	(a)	is, or will on approval be, an employee of a licensee; and
	(b)	is not an unsuitable person; and
	(c)	is  of good character; and
	(d)	satisfies any prescribed conditions.
34D	Certificates for approved attendants
	(1)	If the commission approves an attendant, the commission must issue a certificate to the licensee containing the details of the approval.
	(2)	If a certificate has been issued and—
	(a)	the approval expires; or
	(b)	the approved attendant ceases to be employed by the licensee; or
	(c)	the licensee receives notice that the approval has been withdrawn;
the licensee must return the certificate to the commission within 7 days.
Maximum penalty:	  5 penalty units.
	(3)	If a certificate is lost or destroyed, the commission may issue a replacement certificate.
Note	A fee may be determined under s 66 (Determination of fees) for this section.
Division 5.2	Gaming machine dealings
35	Acquisition of gaming machines—general
A person must not acquire a gaming machine except in accordance with an approval under section 36.
Maximum penalty:	  100 penalty units, imprisonment for 1 year or both.
36	Acquisition of gaming machines—approval
	(1)	An application for approval to acquire a gaming machine shall be in writing, accompanied by—
	(a)	the proposed contract for the acquisition (including any proposed order); and
	(b)	details of any proposed arrangements for financing the acquisition. 
	(2)	On application in accordance with subsection (1), the commission shall approve the acquisition of a gaming machine—
	(a)	if the applicant is a licensee; and
	(b)	if the applicant’s licence authorises the applicant to operate the machine;	 and
	(c)	if the acquisition is to be under a written contract; and
	(d)	if the person from whom the machine is to be acquired—
	(i)	is an approved supplier; or
	(ii)	has obtained an approval under section 39F to dispose of the machine; and
	(e)	unless the commission considers that the machine is technically unsuitable, having regard to any technical evaluation relevant to the machine, or to gaming machines of the same type; and
	(f)	if any proposed arrangements for financing the acquisition are approved (or are to be approved) under section 37; and
	(g)	where the applicant is a club—unless the commission is satisfied that it is not in the best interests of the members of the club.
37	Financial arrangements—approval
	(1)	A licensee shall not enter into an arrangement for financing the acquisition of a gaming machine except in accordance with the approval of the commission.
	(2)	An application for approval shall be in writing, accompanied by a copy of all documents associated with the proposed arrangement.
	(3)	On application in accordance with subsection (2), the commission shall approve an arrangement for financing the acquisition of a gaming machine—
	(a)	if the arrangement is to be under a written contract or contracts; and
	(c)	if the acquisition is approved, or is to be approved, under section 36; and
	(d)	where the applicant is a club—unless the commission is satisfied that it is not in the best interests of the members of the club.
	(4)	It is a condition of an approval that no contract forming part of the approved financial arrangements be varied without the prior approval of the commission.
38	Acquisition of gaming machines—anti-corruption offences
	(1)	A person shall not offer or provide a profit, benefit or advantage directly or indirectly to—
	(a)	a licensee; or
	(b)	an employee or agent of a licensee; or
	(c)	a relevant influential person in relation to a licensee;
as an inducement for the acquisition of a gaming machine by the licensee.
Maximum penalty:	  50 penalty units, imprisonment for 6 months or both.
	(2)	A person who is—
	(a)	a licensee; or
	(b)	an employee or agent of a licensee; or
	(c)	a relevant influential person in relation to a licensee;
shall not accept a direct or indirect profit, benefit or advantage offered as an inducement for the acquisition by the licensee of a gaming machine.
Maximum penalty:	  50 penalty units, imprisonment for 6 months or both.
	(3)	This section does not apply in relation to a profit, benefit or advantage consisting only of—
	(a)	reasonable food or refreshment offered by a person authorised under the law of another State or Territory to deal in or to sell the gaming machine; or
	(b)	out-of-pocket expenses reasonably incurred in the course of negotiations for the acquisition of the machine, if authorised—
	(i)	where the licensee is a natural person—by the licensee; or
	(ii)	where the licensee is a body corporate—by a resolution of the licensee’s governing body.
39	Possession and control of gaming machines
	(1)	A person shall not possess or control a gaming machine except in accordance with this section.
Maximum penalty:  			100 penalty units, imprisonment for 1 year or both.
	(2)	A person may possess or control a gaming machine—	
	(a)	in accordance with a licence; or
	(b)	in accordance with an approval to repossess the machine under section 39C.
	(3)	The commission may give a person written permission to possess or control a gaming machine on specified conditions if—
	(a)	the person is the receiver, manager or liquidator of a licensee; or
	(b)	the machine is used only for training purposes; or
	(c)	the machine is being stored; or
	(d)	the machine is being displayed for sale; or
	(e)	the machine is being repaired, tested or evaluated.
39A	Operation of gaming machines other than in accordance with licences
	(1)	A person shall not permit a gaming machine to be played on premises owned, occupied or managed by the person, unless the machine is operated in accordance with a licence.
Maximum penalty:	  100 penalty units, imprisonment for 1 year or both.
	(2)	A person (the defendant) is not guilty of an offence against subsection (1) if evidence is adduced that—
	(a)	the conduct alleged to have constituted the offence was due to—
	(i)	reasonable mistake, other than a mistake constituted solely by the reliance of the defendant on information supplied by another person; or
	(ii)	the act or default of another person, or some other cause beyond the defendant’s control; and
	(b)	the defendant took reasonable precautions and exercised due diligence to avoid committing the offence;
and that evidence is not rebutted.
39B	Repossession of gaming machines—general
	(1)	A person shall not repossess a gaming machine except in accordance with an approval under section 39C.
Maximum penalty:	  100 penalty units, imprisonment for 1 year or both.
	(2)	A person who has repossessed a gaming machine shall not permit the machine to be played prior to its disposal, unless the machine is operated in accordance with a licence.
Maximum penalty:	  100 penalty units, imprisonment for 1 year or both.
	(3)	A person (the defendant) is not guilty of an offence against subsection (2) if evidence is adduced that—
	(a)	the conduct alleged to have constituted the offence was due to—
	(i)	reasonable mistake, other than a mistake constituted solely by the reliance of the defendant on information supplied by another person; or
	(ii)	the act or default of another person, or some other cause beyond the defendant’s control; and
	(b)	the defendant took reasonable precautions and exercised due diligence to avoid committing the offence;
and that evidence is not rebutted.
39C	Repossession of gaming machines—approval
	(1)	An application for approval for the repossession of a gaming machine shall be in writing, accompanied by information identifying—
	(a)	the person from whom the machine is to be repossessed; and
	(b)	the premises where the machine is currently held; and
	(c)	the class, type and basic stake denomination of the machine.
	(2)	On application in accordance with subsection (1), the commission shall approve the repossession of a gaming machine unless the commission believes on reasonable grounds that the applicant would be likely to contravene a condition under subsection (3).
	(3)	An approval is subject to the following conditions:
	(a)	that the person given the approval take all reasonable precautions necessary to prevent the repossessed gaming machine being played prior to its disposal;  
	(b)	that the person given the approval permit an authorised officer to exercise the commission functions under subsection (4);
	(c)	such other conditions as the commission thinks fit in relation to the storage of the machine prior to its disposal.
	(4)	Where an approval is given to repossess a gaming machine, after the machine is repossessed, and before it is disposed of, an authorised officer shall—
	(a)	take meter readings from the machine; and
	(b)	seal the computer cabinet on the machine; and
	(c)	render the machine inoperable.
	(5)	A person is not authorised to repossess a gaming machine by reason only that the person is given an approval under this section.
39D	Repossession of gaming machines—contravention of approval conditions
	(1)	A person given an approval to repossess a gaming machine shall not contravene a condition of the approval under section 39C (3).
Maximum penalty:	  50 penalty units.
	(2)	A person (the defendant) is not guilty of an offence against subsection (1) if evidence is adduced that—
	(a)	the conduct alleged to have constituted the offence was due to—
	(i)	reasonable mistake, other than a mistake constituted solely by the reliance of the defendant on information supplied by another person; or
	(ii)	the act or default of another person, or some other cause beyond the defendant’s control; and
	(b)	the defendant took reasonable precautions and exercised due diligence to avoid committing the offence;
and that evidence is not rebutted.
39E	Disposal of gaming machines—general 
A person shall not dispose of a gaming machine except in accordance with an approval under section 39F.
Maximum penalty:	  100 penalty units, imprisonment for 1 year or both.
39F	Disposal of gaming machines—approval
	(1)	An application for approval to dispose of a gaming machine shall be in writing, accompanied by information identifying—
	(a)	the person who is to acquire the machine; and
	(b)	the premises where the machine is currently held; and
	(c)	the class, type and basic stake denomination of the machine.
	(2)	On application in accordance with subsection (1), the commission shall approve the disposal of a gaming machine—
	(a)	if the person who is to acquire the machine is authorised—
	(i)	to operate the machine under a licence; or
	(ii)	to sell, or to operate, the machine under a law of a State or another Territory; and
	(b)	where the applicant has repossessed the machine—
	(i)	if the repossession is approved under section 39C; and
	(ii)	unless the commission is satisfied on reasonable grounds that the applicant has contravened that approval.
	(2A)	The commission must not approve the lease or hire of a gaming machine by one licensee to another.
	(3)	A person is not authorised to dispose of a gaming machine by reason only that the person is granted an approval under this section.
Division 5.3	Installation and operation of gaming machines
40	Installation to be in accordance with Act
A licensee shall not install gaming machines on the licensed premises except in accordance with this Act.
Maximum penalty:	  50 penalty units, imprisonment for 6 months or both.
41	Installation to be in accordance with approval of commission
	(1)	A licensee shall not install gaming machines on the licensed premises except in a part of the premises approved by the commission.
Maximum penalty:	  50 penalty units.
	(2)	In determining whether to approve a part of licensed premises for the installation of gaming machines, the commission shall have regard to—
	(a)	the material used in the surfacing of the floor, walls and ceiling of that part of the premises; and
	(b)	the treatment applied or steps taken in that part of the premises for the purpose of reducing noise; and
	(c)	the means adopted for heating, cooling, ventilating and lighting that part of the premises; and
	(ca)	the comfort and safety of persons on any part of the premises; and
	(d)	any furnishing of that part of the premises; and
	(e)	the provision of toilet and washing facilities for persons using the gaming machines.
42	Installation not to constitute a nuisance
A licensee shall so locate gaming machines on the licensed premises as not to constitute a nuisance (either by the location of the machines or by the noise generated by the use of the machines) to persons on the premises.
Maximum penalty:	  5 penalty units.
43	Persons who may install gaming machines
A person shall not install a gaming machine on licensed premises unless he or she is an approved technician.
Maximum penalty:	  50 penalty units, imprisonment for 6 months or both.
43A	Meter readings—certificate
A person who has installed a gaming machine on licensed premises shall, as soon as practicable, give the licensee a certificate signed by him or her setting out the meter readings on the machine immediately after installation.
Maximum penalty:	  20 penalty units.
43B	Installation certificate
A licensee shall, as soon as practicable, give a certificate to the commission setting out such particulars as the commission, by notice to the licensee, specifies.
Maximum penalty:	  20 penalty units.
43C	Operation after installation
A licensee shall not permit a gaming machine on licensed premises to be operated until he or she has given the commission a certificate under section 43B.
Maximum penalty:	  20 penalty units.
44	Operation to be subject to correct percentage payout
A licensee shall not permit a gaming machine on the licensed premises to be operated, except for the purposes of repair or adjustment, at a time when the percentage payout of the machine is not the percentage payout determined by the commission in respect of that machine.
Maximum penalty:	  50 penalty units, imprisonment for 6 months or both.
Division 5.4	Linked jackpot arrangements
45	Operation of linked jackpot arrangements
A person shall not operate a linked jackpot arrangement between gaming machines except in accordance with an approval under section 45A or an interclub permit.
Maximum penalty:	  50 penalty units, imprisonment for 6 months or both.
45A	Linked jackpot arrangements—single club licence
	(1)	A club holding a licence may apply in writing for approval to operate a linked jackpot arrangement or arrangements between gaming machines operated under the licence.
	(2)	An application under subsection (1) must include details of the event or events by reference to which linked jackpots are to be payable under each proposed arrangement.
Note	A fee may be determined under s 66 (Determination of fees) for this section.
	(3)	On application in accordance with this section, the commission shall approve a linked jackpot arrangement or arrangements if—
	(a)	in relation to each proposed arrangement, each gaming machine proposed to be linked—
	(i)	is operated under a single licence held by the applicant; and
	(ii)	is of the same class; and
	(iii)	offers the same chance of winning linked jackpots as each other machine in the arrangement, if played with the same stakes; and
	(b)	the financial and operational aspects of the proposed arrangement are in accordance with the regulations; and 
	(c)	the commission considers, on reasonable grounds, that the proposed arrangement is satisfactory, having regard to the interests of—
	(i)	the persons playing the machines in the proposed linked jackpot arrangement; and
	(ii)	the members of the club.
	(4)	It is a condition of an approval that each gaming machine in each approved linked jackpot arrangement displays at all times a sign stating clearly—
	(a)	that the machine is part of a linked jackpot arrangement with other machines in the club; and
	(b)	the percentage of the turnover of the machine which is to be set aside for the payment of linked jackpots.
	(5)	It is a condition of an approval that linked jackpots be payable in connection with each approved arrangement by reference to the event or events set out in relation to the arrangement in the application for approval.
45B	Interclub permits—issue
	(1)	On application in accordance with subsection (2), the commission shall issue a permit to operate a linked jackpot arrangement or arrangements between gaming machines operated under 2 or more licences, each held by a club, if—
	(a)	the commission is satisfied on reasonable grounds that the applicant is a fit and proper person to hold a permit, in consideration of circumstances including those referred to in subsection (3); and
	(b)	in relation to each proposed arrangement, each gaming machine proposed to be linked—
	(i)	is of the same class; and
	(ii)	offers the same chance of winning linked jackpots as each other machine in the arrangement, if played with the same stakes; and
	(c)	the financial and operational aspects of each proposed arrangement are in accordance with the regulations; and 
	(d)	the commission considers, on reasonable grounds, that each proposed arrangement is satisfactory, having regard to the interests of—
	(i)	the persons playing the machines in each proposed arrangement; and
	(ii)	the clubs operating the machines in each proposed arrangement; and
	(iii)	the members of those clubs.
	(2)	An application under subsection (1) must include details of the event or events by reference to which linked jackpots are to be payable under each proposed arrangement.
Note 1	A fee may be determined under s 66 (Determination of fees) for this section.
Note 2	If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms) for an application, the form must be used.
	(3)	For the purposes of subsection (1) (a), the circumstances relevant to whether an applicant is a fit and proper person to hold a permit include the following:
	(a)	if the applicant is a natural person—whether he or she is an undischarged bankrupt;
	(b)	if the applicant is a body corporate—whether it is in liquidation;
	(c)	whether an amount under a tax law or a gaming law is due by the applicant;
	(d)	whether the applicant has contravened a tax law or a gaming law;
	(e)	whether the person is an unsuitable person.
	(4)	In subsection (3) (c), (d) and (e), a reference to an applicant is to be read, where the applicant is a body corporate, as including a reference to each relevant influential person in relation to the body.
	(5)	A permit shall specify—
	(a)	the full name and address of the permit holder; and
	(b)	the gaming machines in each linked jackpot arrangement in relation to which the permit is issued, and the clubs where they are situated; and
	(c)	the conditions to which the permit is subject.
45C	Interclub permits—conditions
	(1)	The commission shall issue an interclub permit subject to the following conditions:
	(a)	that each gaming machine in an arrangement under the permit display at all times a sign stating clearly—
	(i)	that the machine is part of a linked jackpot arrangement between machines in different clubs; and
	(ii)	the percentage of the turnover of the machine which is to be set aside for the payment of linked jackpots;
	(aa)	that linked jackpots be payable in connection with each arrangement under the permit by reference to the event or events set out in relation to the arrangement in the application for the permit;
	(b)	that the financial and operational aspects of each arrangement under the permit not be varied without the prior approval of the commission under section 45H;
	(c)	if the permit holder is a body corporate—that the permit holder give notice to the commission specifying any of the following changes to the body within 7 days of the change:
	(i)	a person becoming a relevant influential person in relation to the body;
	(ii)	a substantial change in the relationship of a relevant influential person to the body;
	(iii)	a person ceasing to be a relevant influential person in relation to the body.
	(2)	The commission may issue an interclub permit subject to such other reasonable conditions as the commission thinks fit, in consideration of the interests of—
	(a)	the persons playing the machines in each linked jackpot arrangement under the permit; and
	(b)	the clubs operating the machines in each such arrangement; and
	(c)	the members of those clubs.
45D	Interclub permits—duration
An interclub permit remains in force for 5 years commencing on the date of issue of the permit, subject to this Act, but may be renewed in accordance with section 45E.
45E	Interclub permits—renewal
On application in writing, the commission shall renew an interclub permit for 5 years commencing on the day immediately following the day on which, but for its renewal, the permit would have expired.
Note	A fee may be determined under s 66 (Determination of fees) for this section.
45F	Interclub permits—variation at commission’s discretion
	(1)	The commission may vary a condition of an interclub permit imposed under section 45C (2), in consideration of the interests of—
	(a)	the persons playing the machines in each linked jackpot arrangement under the permit; and
	(b)	the clubs operating the machines in each such arrangement; and
	(c)	the members of those clubs.
	(2)	A variation under subsection (1) takes effect from a date specified in the notice of variation given pursuant to section 52 (being not less than 28 days after the date of the notice).
45G	Interclub permits—variation on request by permit-holder
	(1)	At the written request of the permit holder, the commission may vary an interclub permit for the purpose of—
	(a)	reducing the number of gaming machines in a linked jackpot arrangement, or terminating a linked jackpot arrangement; or
	(b)	increasing the number of gaming machines in a linked jackpot arrangement under the permit; or
	(c)	including a new linked jackpot arrangement under the permit; or
	(d)	including an additional club in a linked jackpot arrangement; or
	(e)	varying a condition imposed under section 45C (2).
Note	A fee may be determined under s 66 (Determination of fees) for this section.
	(2)	The commission shall not approve a variation of an interclub permit unless the commission is satisfied— 
	(a)	if an additional gaming machine is to be included in a linked jackpot arrangement—that the additional machine—	
	(i)	is of the same class as the other machines in the arrangement; and
	(ii)	offers the same chance of winning linked jackpots as each other machine in the arrangement, if played with the same stakes; and
	(b)	if a new linked jackpot arrangement is to be included under a permit—that each gaming machine to be linked—
	(i)	is of the same class; and
	(ii)	offers the same chance of winning linked jackpots as each other machine in the arrangement, if played with the same stakes; and
	(c)	if an additional club is to be included in a linked jackpot arrangement (whether an existing arrangement or a proposed new arrangement)—that the financial and operational aspects of the arrangement are in accordance with the regulations; and
	(d)	that the proposed variation is satisfactory, on reasonable grounds, having regard to the interests of—
	(i)	the persons playing the machines in each proposed linked jackpot arrangement; and
	(ii)	the clubs operating the machines in each proposed arrangement; and
	(iii)	the members of those clubs.
	(3)	If the commission varies a permit, the commission shall give a notice to the permit holder specifying—
	(a)	the variation; and
	(b)	the date of effect of the variation.
	(4)	A variation under subsection (1) takes effect from the date specified in the notice under subsection (3) (b).
45H	Interclub permits—variation of financial and operational aspects
On application in writing, the commission shall approve the variation of the financial and operational aspects of a linked jackpot arrangement under an interclub permit if—
	(a)	the financial and operational aspects of the arrangement, as proposed to be varied, are in accordance with the regulations; and
	(b)	the commission considers, on reasonable grounds, that the proposed variation is satisfactory, having regard to the interests of—
	(i)	the persons playing the machines in the arrangement; and
	(ii)	the clubs operating the machines in the arrangement; and
	(iii)	the members of those clubs.
45J	Interclub permits—transfer
	(1)	On the joint application in writing of the permit holder and a proposed transferee, the commission shall transfer the permit to the proposed transferee if the commission is satisfied on reasonable grounds that the proposed transferee is a fit and proper person to hold a permit, in consideration of circumstances including the following:
	(a)	if the proposed transferee is a natural person—whether he or she is an undischarged bankrupt;
	(b)	if the proposed transferee is a body corporate—whether it is in liquidation;
	(c)	whether an amount under a tax law or a gaming law is due by the proposed transferee;
	(d)	whether the proposed transferee has contravened a tax law or a gaming law;
	(e)	whether the proposed transferee has been convicted of an offence punishable on conviction by a fine of not less than 100 penalty units or by imprisonment for a period of not less than 1 year.
Note	A fee may be determined under s 66 (Determination of fees) for this section.
	(2)	In subsection (1) (c), (d) and (e), a reference to a proposed transferee is to be read, where the proposed transferee is a body corporate, as including a reference to each relevant influential person in relation to the body.
45K	Interclub permits—cancellation
	(1)	The commission may cancel an interclub permit if satisfied on reasonable grounds that—
	(a)	the permit was granted in error or in consequence of a false statement made, or misleading information furnished, by the applicant; or
	(b)	the permit holder has contravened a condition to which the permit is subject; or
	(c)	the permit holder has contravened a tax law or a gaming law; or
	(d)	the permit holder has been convicted of an offence—
	(i)	against a tax law or a gaming law; or
	(ii)	punishable on conviction by a fine of not less than 100 penalty units or by imprisonment for a period of not less than 1 year; or
	(e)	if the permit holder is a natural person—he or she is an undischarged bankrupt; or
	(f)	if the permit holder is a body corporate—it is in liquidation; or
	(g)	the permit holder is otherwise not a fit and proper person to hold a permit.
	(2)	In subsection (1) (b), (c) and (d), a reference to the permit holder is to be read, where the permit holder is a body corporate, as including a reference to a relevant influential person in relation to the body.
	(3)	The commission shall, before cancelling an interclub permit, by notice in writing to the permit holder invite the permit holder to show cause why the permit should not be cancelled.
	(4)	A notice shall contain—
	(a)	particulars of the facts and circumstances relied upon by the commission to establish that a ground for cancellation exists; and
	(b)	a statement to the effect that the permit holder may, within such period as is specified in the notice (being a period of not less than 14 days after the date the notice is given), give to the commission written particulars of the facts and circumstances relied on to show that the interclub permit should not be cancelled.
	(5)	If the commission considers on reasonable grounds that a permit holder has not, within the time specified in the notice, showed cause why the interclub permit should not be cancelled, the commission shall cancel the permit.
	(6)	The cancellation of an interclub permit takes effect on the expiration of the day on which notice of the cancellation is given to the permit holder under section 52.
	(7)	Within 7 days after receiving a notice of cancellation of an interclub permit under section 52, the former permit holder shall return the permit to the commission.
Maximum penalty (subsection (7)):  		20 penalty units.
45L	Interclub permits—surrender
	(1)	A permit holder may surrender the interclub permit by written notice to the commission, accompanied by the permit. 
	(2)	The surrender of an interclub permit takes effect 28 days after the date of the notice, or on a later date specified in the notice.
45M	Undisbursed and unclaimed jackpots
If an amount won under a linked jackpot under section 45A or 45B is not claimed within 12 months—
	(a)	the amount is forfeited to the Territory; and
	(b)	after the amount has been paid to the Territory, the winner of the amount—
	(i)	is not entitled to recover the amount from the permit-holder; and
	(ii)	is entitled to recover the amount from the Territory within the period of 6 years after winning the amount; and
	(iii)	is not entitled to recover interest on the amount from the Territory.
Division 5.5	Regulation of gaming machines generally
46	Repair and adjustment of gaming machines
	(1)	A person must not open a gaming machine installed on a licensed premises unless the person is an approved attendant, an approved technician or an authorised officer.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	A person must not open the computer cabinet of a gaming machine installed on a licensed premises unless the person is an approved technician or an authorised officer.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
47	Interference with gaming machines
	(1)	A person shall not—
	(a)	do any act or thing calculated or likely to interfere with the operation of a gaming machine; or
	(b)	insert or cause to be inserted into a gaming machine any object or thing other than a coin, note or token of the kind specified on the gaming machine; or
	(c)	do any act or thing calculated to interfere with a gaming machine in such a manner as to cause the machine to yield a reward less than or greater than the percentage payout determined by the licensee in respect of that machine; or
	(d)	do any act or thing calculated to render a gaming machine, either temporarily or otherwise, incapable of forming a winning combination.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(2)	Nothing in subsection (1) applies in relation to any act or thing done in good faith in connection with the repair or adjustment of a gaming machine by an approved technician or an authorised officer.
48	Opening computer cabinets
A person, other than an authorised officer, shall not open the computer cabinet with which a gaming machine is equipped.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
49	Percentage payout of gaming machines to be displayed
A licensee shall cause to be clearly displayed, in a position approved by the commission, on each gaming machine on the licensed premises the percentage payout determined by the commission in respect of that machine.
Maximum penalty:	  5 penalty units.
Note	If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms) for this section, the form must be used.
50	Rendering gaming machines inoperable on licence ceasing to be in force
Where a licence ceases to be in force, the commission must render each gaming machine on the licensed premises inoperable—
	(a)	if the licence ceased to be in force by virtue of the expiration of the licence or by virtue of section 25 (1)—until the machines are removed from the premises; or
	(b)	if the licence ceased to be in force by virtue of the suspension of the licence—during the period of the suspension of the licence; or
	(c)	if the licence ceased to be in force by virtue of the cancellation of the licence—
	(i)	until the machines are removed from the premises; or
	(ii)	until the decision of the commission cancelling the licence is, following an application for review of that decision, set aside by the tribunal;
whichever first occurs; or
	(d)	if the licence ceased to be in force by virtue of section 25 (3)—
	(i)	until the machines are removed from the premises; or
	(ii)	until that subsection ceases, by virtue of section 53, to apply in relation to the licence;
whichever first occurs.
51	Removal of gaming machines from premises
	(1)	A person who held a licence shall, where applicable circumstances have occurred, remove, within the required period, any gaming machines from the premises to which the licence related.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	For the purposes of subsection (1), applicable circumstances shall be taken to have occurred—
	(a)	where a licence ceases to be in force by virtue of section 25 (1) or 25A; or
	(b)	where—
	(i)	a licence is cancelled or ceases to be in force by virtue of section 25 (3); and
	(ii)	the period within which an application for review of the relevant decision may be made has expired; and
	(iii)	an application for review has not been made in relation to the decision; or
	(c)	where—
	(i)	a licence is cancelled or ceases to be in force by virtue of section 25 (3); and
	(ii)	an application for review of the relevant decision having been made, the application has been withdrawn, dismissed or determined otherwise than by a decision of the tribunal after a hearing; or
	(d)	where—
	(i)	a licence is cancelled or ceases to be in force by virtue of section 25 (3); and
	(ii)	an application for review of the relevant decision having been made, the application has been determined by the tribunal by affirming the decision of the commissioner.
	(3)	In this section:
relevant decision, in relation to a licence, means—
	(a)	where the licence was cancelled—the decision of the commission under this Act cancelling the licence; and
	(b)	where the licence ceased to be in force by virtue of section 25 (3)—the decision of the liquor licensing board under the Liquor Act 1975 cancelling the general licence or on licence, as the case may be, relating to the premises in respect of which the gaming machine licence applied.
required period means—
	(a)	in the circumstances referred to in subsection (2) (a)—the period of 14 days after the license ceased to be in force, as the case requires; and
	(b)	in the circumstances referred to in subsection (2) (b)—the period of 14 days after the expiration of the period referred to in subsection (2) (b) (ii); and
	(c)	in the circumstances referred to in subsection (2) (c)—the period of 14 days after the application for review is withdrawn, dismissed or otherwise determined; and
	(d)	in the circumstances referred to in subsection (2) (d)—the period of 14 days after the determination of the review;
or such further period as the commission, whether before or after the expiration of the relevant period of 14 days, by instrument in writing, approves.

Part 5A	Gaming areas
    
51B	Warning notices
	(1)	A licensee shall ensure that a warning notice is displayed in a prominent position—
	(a)	on each gaming machine installed on the licensed premises; and
	(b)	at or near the entrance to each gaming area within the licensed premises.
	(2)	A licensee shall not, without reasonable excuse, contravene subsection (1).
Maximum penalty:  5 penalty units, imprisonment for 6 months or both.
	(3)	Subsections (1) and (2) do not apply unless an instrument under subsection (4) has effect.
	(4)	The Minister may, in writing, determine—
	(a)	the form and minimum dimensions of a warning notice; and
	(b)	the text of a warning notice, being information about—
	(i)	risks associated with gambling; and
	(ii)	counselling or other support services available in relation to addictive or excessive gambling; and
	(iii)	the provisions of this division about persons who are less than 18 years old.
	(5)	A determination under subsection (4) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(6)	Unless a determination is disallowed by the Legislative Assembly, the determination commences—
	(a)	14 days after the last day when it could have been disallowed; or
	(b)	if the determination provides for a later date or time of commencement—on that date or at that time.
	(7)	In subsection (1):
warning notice means a warning notice that, as regards its form, dimensions and text, is in accordance with a determination under subsection (4).
51C	Cash facilities
	(1)	A licensee shall not provide, or permit the provision of, a cash facility in a gaming area within the licensed premises.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	In subsection (1):
cash facility means—
	(a)	an automatic teller machine; or
	(b)	an EFTPOS facility; or
	(c)	any other facility for gaining access to cash or credit.
51D	Lending or extending credit
A licensee or licensee’s employee  shall not—
	(a)	lend or offer to lend money to a person who is in, or appears to be about to enter, a gaming area within the licensed premises; or
	(b)	extend or offer to extend credit to a person for the purpose of enabling the person to play a gaming machine on the licensed premises.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
51E	Entry to gaming area by persons under 18
	(1)		A licensee must not permit a person who is less than 18 years old to enter or remain in a gaming area.
Maximum penalty:  50 penalty units.
	(2)	A person who is less than 18 years old must not enter or remain in a gaming area.
Maximum penalty:  5 penalty units.
	(3)		It is a defence in proceedings for an offence against subsection (1) if the defendant proves that the person—
	(a)	was more than 16 years old; and
	(b)	had shown a prescribed identity document.
51F	Persons under 18 must not play gaming machines
	(1)		A licensee must not permit a person who is less than 18 years old to play a gaming machine.
Maximum penalty:  50 penalty units.
	(2)	A person who is less than 18 years old must not play a gaming machine.
Maximum penalty:  5 penalty units.
	(3)		It is a defence in proceedings for an offence against subsection (1) if the defendant proves that the person—
	(a)	was more than 16 years old; and
	(b)	had shown a prescribed identity document.
51G	False identification
A person must not use another person’s identification or a form of identification that is forged—
	(a)	to obtain entry to or remain in a gaming area; or
	(b)	to play a gaming machine.
Maximum penalty:  10 penalty units.

Part 6	Review
    
52	Notice of reviewable decisions
	(1)	Where the commission makes a decision—
	(a)	refusing an application for a licence under section 14A, 15 or 15A; or
	(b)	issuing a licence under section 16 in respect of which the number or type of gaming machines specified in the licence varies from the number or type of gaming machines specified in the application for the licence; or
	(ba)	refusing to vary a licence under section 22 (1); or
	(bb)	revoking the variation of a licence under section 22 (7); or
	(bc)	refusing to approve the transfer of a licence under section 23 (1) or (1A); or
	(c)	taking disciplinary action under section 24; or
	(ca)	suspending or cancelling a licence under section 26; or
	(e)	refusing to issue a copy of a licence under section 29; or
	(ea)	refusing to approve an organisation under section 30D; or
	(eb)	refusing to approve amendment of rules under section 31; or
	(f)	refusing to approve a person as, or revoking the approval of, an approved supplier under section 34; or
	(g)	refusing to approve a person as an approved technician under section 34A (1); or
	(h)	cancelling an approval of an approved technician under section 34A (8); or
	(ha)	refusing to approve a person as an approved attendant under section 34C (1); or
	(hb)	cancelling an approval of an approved attendant under section 34C (8); or
	(i)	refusing to approve the acquisition of a gaming machine under section 36 (2); or
	(j)	refusing to approve a financial arrangement for the acquisition of a gaming machine under section 37 (3); or
	(k)	refusing to approve the variation of a financial arrangement for the acquisition of a gaming machine under section 37 (4); or
	(m)	refusing to approve the repossession of a gaming machine under section 39C (2); or
	(n)	approving the repossession of a gaming machine subject to a condition under section 39C (3) (c); or
	(o)	refusing to approve the disposal of a gaming machine under section 39F (2); or
	(p)	refusing to approve the installation of a gaming machine for the purposes of section 41; or
	(q)	refusing to approve a linked jackpot arrangement under section 45A (3); or
	(r)	refusing to issue an interclub permit under section 45B (1); or
	(s)	issuing an interclub permit subject to conditions under section 45C (2); or
	(t)	varying an interclub permit under section 45F (1); or
	(u)	refusing to vary an interclub permit under section 45G (1); or
	(v)	refusing to approve the variation of the financial and operational aspects of a linked jackpot arrangement  under section 45H; or
	(w)	refusing to transfer an interclub permit under section 45J (1); or
	(x)	cancelling an interclub permit under section 45K (5); or
	(y)	refusing to give an approval for an extension of time for the purposes of section 51; or
	(z)	refusing to approve contributions as community contributions under section 60B.
the commission shall give to the licensee or person affected by the decision a notice in writing of the decision.
	(2)	A notice under subsection (1) shall be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).
52A	Review of decisions
Application may be made to the tribunal for review of a decision of the commission referred to in section 52 (1).
53	Revocation of certain decisions of commission
Where—
	(a)	a licence ceased to be in force by virtue of section 25 (3); and
	(b)	an application is made for review of a decision of the liquor licensing board under the Liquor Act 1975 cancelling the general licence or on licence, as the case may be, relating to the premises in respect of which the gaming machine licence applied; and
	(c)	the review of that decision is determined by the tribunal by setting aside the decision;
section 25 (3) shall cease to apply in relation to the gaming machine licence and the licence continues in force by force of this section.

Part 7	Finance
Division 7.1	General
54	Accounts relating to gaming machines
A licensee shall—
	(a)	keep full and separate accounts of all money taken from each gaming machine on the licensed premises; and
	(b)	keep the accounts in such a manner that they can be conveniently and properly audited; and
	(c)	correctly balance the accounts at the end of each month.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
55	Falsifying records etc
	(1)	A licensee shall not, with intent to defraud—
	(a)	destroy, alter, mutilate or falsify any book, document or writing (not forming part of the accounts of the licensee) required to be kept or made by the licensee under this Act; or
	(b)	make, or cause to be made, a false entry in, or omit or alter, or cause to be omitted or altered, an entry in, any such book, document or writing.
	(2)	A director, officer, clerk or servant, or any person acting as a director, officer, clerk or servant, of a club shall not, with intent to defraud, acquire any property of the club.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
56	Audit of records
	(1)	A licensee shall, as soon as practicable after the end of each financial year—
	(a)	cause the accounts relating to the operation of gaming machines on the licensed premises during that year to be audited by a certified accountant; and
	(b)	prepare, or cause to be prepared, an income and expenditure statement for that year relating to—
	(i)	the operation of gaming machines on the licensed premises; and
	(ii)	where the licensee is a club—the financial operations of the club.
	(2)	A licensee shall, within 1 month after the preparation of an income and expenditure statement, lodge with the commission a copy of the statement certified as being correct by the person who prepared it, together with a report stating, as at the end of the period to which the statement relates—
	(a)	the class, number and type of gaming machines installed on the licensed premises; and
	(b)	where the licensee is a club—
	(i)	the number of members of the club; and
	(ii)	the manner in which the club expended the profits from the machines; and
	(c)	such other particulars as the commission requires.
57	Gaming machine tax—imposition
	(1)	Subject to this Act, tax is imposed on gross revenue in relation to the operation of gaming machines, whether that operation is lawful or unlawful.
	(2)	Tax is payable—
	(a)	in relation to the lawful operation of gaming machines—at the rate of the applicable prescribed percentage; and
	(b)	in relation to the unlawful operation of gaming machines—at the rate of 100%.
58	Gaming machine tax—liability
	(1) 	Gaming machine tax in relation to the operation of a gaming machine shall be paid by—
	(a)	in relation to a machine operated lawfully—the licensee; or
	(b)	in relation to a machine operated unlawfully—
	(i)	the person receiving the gross revenue; or
	(ii)	the occupier of the premises where the machine is operated.
	(2)	Where subsection (1) (b) applies, the person receiving the gross revenue from the operation of the relevant gaming machine and the occupier of the premises where the machine is operated are jointly and severally liable to pay tax under subsection (1).
	(3)	Gaming machine tax in relation to the operation of a gaming machine during a month is due on the 7th day after the end of the month.
58A	Tax credits and refunds in relation to GST for clubs
	(1)	This section applies if a licensee that is a club paid to the Commonwealth, during a month, an amount in respect of the licensee’s liability for a global GST amount (the GST paid). 
	(2)	If the GST paid is less than the club’s gross GMT for the month, the amount of gaming machine tax for which the licensee is liable is reduced by the GST credit.
	(3)	If the GST paid is equal to or more than the club’s gross GMT for the month, the licensee—
	(a)	is not liable for gaming machine tax for the month; and
	(b)	is entitled to the GST refund.
	(4)	The commission may, by instrument, determine—
	(a)	a rate of GST credit for this section, of not more than the GST paid; and
	(b)	a rate of GST refund for this section, of not more than the difference between the GST paid and the club’s gross GMT for the month.
	(5)	A determination under subsection (4) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(6)	In this section:
gaming machine tax does not include tax relating to the unlawful operation of gaming machines.
global GST amount—see the GST provision.
gross GMT, for a club, is the amount of gaming machine tax for which the club would, apart from this section, be liable. 
GST provision means the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), section 126-10 (which deals with tax on gambling revenue).
GST tax period means a tax period referred to in the GST provision.
59	Returns
	(1)	Within 7 days after the end of a month, a licensee must give the commission a return relating to the gross revenue in relation to the operation of gaming machines during that month under the licence.
	(2)	A return must be in writing in a form approved by the commission and signed by or on behalf of the licensee.
60	Payment of gaming machine tax following transfer
	(1)	Where a licence is transferred, the person from whom the licence is transferred shall, within 7 days of the date of transfer, pay to the commission the amount referred to in subsection (2).
	(2)	For the purposes of subsection (1), the amount is an amount equal to the prescribed percentage of the gross revenue derived by the person as a licensee during the period that commenced on the 1st day of the month in which the transfer occurred and ended at the expiration of the day of transfer.
Division 7.2	Community contributions 
60A	Contributions
A reference in this division to a contribution made by a licensee includes the value of a contribution made in kind, but does not include—
	(a)	expenditure on commercial activities, or, if the licensee is a club, on the social or entertainment activities of the club for its members; or
	(b)	expenditure intended to promote specific activities of the licensee; or
	(c)	a contribution made out of donations collected by the licensee, or out of the proceeds of any special fundraising activity conducted by the licensee; or
	(d)	a contribution to a business association, registered party, associated entity or trade union; or
	(e)	if a contribution is made on a condition—the value to the licensee of that condition being fulfilled; or
	(f)	a contribution made to another club under a reciprocal arrangement or agreement.
60B	Approval of community contributions
	(1)	The commission may approve contributions made by a licensee that is a club to a specified organisation for a specified purpose as community contributions if satisfied the contributions 	will have the effect of—
	(a)	contributing to, or developing or supporting the social fabric of the Territory or another community; or
	(b)	assisting sport or other recreational activities conducted in the Territory, or with participants predominantly based within the Territory.
	(2)	The Minister must, after consultation with Clubs ACT, prepare written guidelines for approving community contributions.
	(3)	A guideline under subsection (2) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
60C	Records of contributions
	(1)	A licensee must record each community contribution made by the licensee, specifying—
	(a)	the organisation to which, or the purpose for which, each contribution was made; and
	(b)	the amount or value of the contribution and the date when, or the period over which, it was made.
Maximum penalty:  20 penalty units.
	(2)	A licensee must record each contribution made by the licensee to a registered party or associated entity, specifying—
	(a)	the party or entity to which the contribution was made; and
	(b)	the amount of the contribution and the date when it was made.
Maximum penalty:  20 penalty units.
60D	Report
A licensee must, within 1 month after the end of a financial year, give the commission a copy of the records kept under section 60C that relate to the financial year, together with a report specifying for the financial year—
	(a)	the gross revenue of the licensee; and
	(b)	if the licensee is a club—the net revenue of the licensee; and
	(c)	the total value community contributions; and
	(d)	the total value of contributions to registered parties and associated entities.	
Maximum penalty:  20 penalty units.
60E	Commission must report to Minister
The commission must, within 3 months after the end of the financial year, give the Minister a report—
	(a)	summarising the extent of compliance by licensees with sections 60C and 60D for the financial year; and
	(b)	analysing the extent to which revenue received by licensees was being used to make community contributions during the financial year.
60F	Minister must table commission’s report
The Minister must cause a copy of a report given to him or her under section 60E to be laid before the Legislative Assembly within 10 sitting days after the Minister receives the report.
60G	The required community contributions
	(1)	In relation to a licensee that is a club, the required community contribution for a financial year is the total of—
	(a)	an amount equal to the total of the contributions made by the licensee during the financial year to registered parties, associated entities, members of the Legislative Assembly, or candidates; and
	(b)	the proportion of the club’s net revenue in the financial year set out in the table below, or such other proportion as may be determined, in writing, by the Minister.
Table 	required community contributions
column 1
item	column 2
financial year	column 3
required contribution	
1	2000-2001	5%	
2	2001-2002	6%	
3	after 2002	7%	
	(2)	If the Minister is satisfied, on application by a licensee that is a club, that—
	(a)	the gross revenue of the club in a financial year is, or is likely to be, less than $200 000; and
	(b)	the application of subsection (1) to the club would so seriously affect its viability that it would not be just and equitable in the circumstances for subsection (1) to apply to the club;
the Minister may set a lower required community contribution for the club. 
	(3)	A determination under subsection (1) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
60H	Community contribution shortfall tax—imposition
	(1)	Tax (community contribution shortfall tax) is imposed on a community contribution shortfall of a licensee that is a club at the rate of 100%.
	(2)	In this section:
community contribution shortfall, for a licensee that is a club, in a financial year, means the amount (if any) by which the club’s community contributions fall short of its required community contribution.
60I	Community contribution shortfall tax—liability
	(1)	Community contribution shortfall tax must be paid by the licensee.
	(2)	Community contribution shortfall tax is due 30 days after receipt by the licensee of an assessment under the Control Act, part 6.
60J	Community contribution shortfall tax—allocation
If an amount of community contribution shortfall tax is paid, the commission must transfer the amount to the community services grants program fund, or to such other fund as may be prescribed under the regulations.

Part 8	Miscellaneous
    
61	Canberra Airport
	(1) 	A licence may not be issued in relation to premises at Canberra Airport.
	(2) 	An approval may not be granted under section 36 for the acquisition of a gaming machine to be operated at Canberra Airport.
	(3) 	In this section:
Canberra Airport means the following place, namely, block 3, sections 17 and 28, division of Pialligo in the district of Majura, and blocks 587, 594, 595, 614 and 660 in that district.
62	Conduct by directors, servants or agents
	(1) 	Where, in proceedings for an offence against this Act in respect of any conduct engaged in by a body corporate, it is necessary to establish the state of mind of the body corporate, it is sufficient to show that a director, servant or agent of the body corporate, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.
	(2) 	Any conduct engaged in on behalf of a body corporate—
	(a)	by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; or
	(b)	by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the body corporate, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;
shall be deemed, for the purposes of this Act, to have been engaged in also by the body corporate.
	(3) 	A reference in subsection (1) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for his or her intention, opinion, belief or purpose.
63	Offences may be dealt with summarily
	(1) 	Any proceedings in respect of an offence against this Act that is an indictable offence may be heard and determined by a court of summary jurisdiction where—
	(a)	the court is satisfied that it is proper to do so; and
	(b)	the defendant and prosecution both consent to the offence being so dealt with.
64	Evidentiary certificates
	(1) 	In proceedings for an offence against this Act, a certificate issued by the commission stating that the person specified in the certificate was or was not on a date or dates or during the period specified in the certificate the holder of a licence is evidence of the matters so stated.
	(2) 	For the purposes of subsection (1), a document that purports to have been issued by the commission shall be taken to have been so issued unless the contrary is proved.
66	Determination of fees
	(1)	The Minister may, in writing, determine fees for this Act.
Note	The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
67	Regulation-making power
	(1) 	The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(2)	The regulations may prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.
68	Transitional provision for clubs not incorporated under the Corporations Law
	(1)	A club that is a licensee immediately before the commencement of the Gaming Machine Amendment Act 2000, section 7 does not cease to be an eligible club only because it is not incorporated in the Territory under the Corporations Act until—
	(a)	6 months after the commencement; or
	(b)	such longer period, of not more than 2 years, as the commission allows on the application of the club.
	(2)	This section expires 2 years after the commencement.
69	Transitional provision for associated organisations
	(1)	An associated organisation that satisfied section 30D immediately before the commencement of the Gaming Machine Amendment Act 2000, section 8 does not cease to be an associated organisation only because it does not satisfy section 30D immediately after the commencement until—
	(a)	6 months after the commencement; or
	(b)	such longer period, of not more than 2 years, as the commission allows on the application of the club for which it is an associated organisation.
	(2)	This section expires 2 years after the commencement.
70	Transitional provision for clubs with noncomplying membership rules
	(1)	A club whose rules satisfied section 30G immediately before the commencement of the Gaming Machine Amendment Act 2000, section 9 does not cease to be an eligible club only because its rules do not comply with section 30G immediately after the commencement until—
	(a)	6 months after the commencement; or
	(b)	such longer period, of not more than 2 years, as the commission allows on the application of the club.
	(2)	This section expires 2 years after the commencement.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnotes.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	prev = previous	
dict = dictionary	(prev...) = previously	
disallowed = disallowed by the Legislative 	prov = provision	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	reg = regulation/subregulation	
Gaz = Gazette	renum = renumbered	
hdg = heading	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
o = order	SL  = Subordinate Law	
om = omitted/repealed	underlining = whole or part not commenced	
3	Legislation history
The Gaming Machine Act 1987 was originally the Gaming Machine Ordinance 1987.  It became an ACT Act on self-government (11 May 1989).
	Legislation before self-government
Legislation	Year and number	Gazette
notification	Commencement	
Gaming Machine Act 1987	1987 No 34 	30 June 1987	30 June 1987 (see Gaz 1987 No S159)	
Gaming Machine (Amendment) Ordinance 1988	1988 No 25	30 June 1988	1 July 1988	
Gaming Machine (Amendment) Ordinance (No 2) 1988	1988 No 26	30 June 1988	1 July 1988	
Self-Government (Consequential Amendments) Ordinance 1989	1989 No 38	10 May 1989	ss 1 and 2:  10 May 1989
remainder:  11 May 1989 (see s 2 (2) and Gaz 1989 No S164)	
Legislation after self-government	
Gaming Machine (Amendment) Act 1989	1989 No 14	29 Sept 1989	29 Sept 1989	
Gaming Machine (Amendment) Act 1990	1990 No 31	2 Oct 1990	ss 1-3:  2 Oct 1990
remainder:  1 Oct 1990	
Gaming Machine (Amendment) Act (No 2) 1990	1990 No 49	10 Dec 1990	ss 1 and 2:  10 Dec 1990
remainder:  1 Jan 1991	
Gaming Machine (Amendment) Act (No 3) 1990	1990 No 57	21 Dec 1990	ss 1 and 2:  21 Dec 1990
remainder:  1 Jan 1991	
	as amended by 	1993 No 1	1 Mar 1993	1 Mar 1993	
Gaming Machine (Amendment) Act 1991	1991 No 35	26 Aug 1991	26 Aug 1991	
Gaming Machine (Amendment) Act (No 2) 1991	1991 No 113	30 Dec 1991	1 Jan 1992	
Gaming Machine (Amendment) Act 1993	1993 No 54	27 Aug 1993	ss 1 and 2:  27 Aug 1993
ss 3-24 and 26-32:  
1 Nov 1993 (see Gaz 1993 No S225)
remainder:  27 Feb 1994	
Administrative Appeals (Consequential Amendments) Act 1994	1994 No 60	11 Oct 1994	ss 1 and 2:  11 Oct 1994
remainder:  14 Nov 1994 (see s 2 (2) and Gaz 1994 No S250)	
Statute Law Revision (Penalties) Act 1994
	1994 No 81	29 Nov 1994	ss 1 and 2:  29 Nov 1994
remainder:  29 Nov 1994 (see Gaz 1994 No S269	
Consumer Credit (Consequential Provisions) Act 1995	1995 No 19	5 Sept 1995	ss 1 and 2:  5 Sept 1995
remainder:  1 Nov 1996 (see s 2 (2) and Gaz 1996 No S273)	
Gaming Machine (Amendment) Act 1995	1995 No 39	1 Nov 1995	ss 1-3:  1 Nov 1995
remainder:  1 Nov 1995	
Gaming Machine (Amendment) Act 1997	1997 No 13	19 May 1997	19 May 1997	
Gaming Machine (Amendment) Act (No 2) 1997	1997 No 49	19 Sept 1997	ss 1-3:  19 Sept 1997
remainder:  22 Sept 1997 (see Gaz 1997 No S277)	
Legal Practitioners (Consequential Amendments) Act 1997	1997 No 96	1 Dec 1997	ss 1 and 2:  1 Dec 1997
remainder:  1 June 1998 (see s 2 (2))	
Gaming Machine (Amendment) Act (No 3) 1997	1997 No 103	24 Dec 1997	ss 1-3: 24 Dec 1997
remainder:  15 Jan 1998 (see Gaz 1998 No S21)	
Gaming Machine (Amendment) Act 1998	1998 No 14	30 June 1998	1 July 1998	
Gaming Machine (Amendment) Act (No 2) 1998	1998 No 23
	10 July 1998	10 July 1998	
	as amended by	1999 No 35	7 July 1999	10 July 1999	
Statute Law Revision (Penalties) Act 1998	1998 No 54	27 Nov 1998	ss 1 and 2:  27 Nov 1998
remainder:  9 Dec 1998 (see Gaz 1998 No 49)	
Taxation Administration (Consequential and Transitional Provisions) Act 1999	1999 No 5	1 Mar 1999	1 Mar 1999	
Gaming Machine (Amendment) Act 1999	1999 No 35	7 July 1999	10 July 1999	
Revenue Legislation Amendment Act 1999	1999 No 38	12 July 1999	1 July 1999	
Gambling and Racing Control (Consequential Provisions) Act 1999	1999 No 47	17 Sept 1999	ss 1 and 2: 17 Sept 1999
remainder: 1 Dec 1999 (see Gaz 1999 No S63)	
Gambling Legislation Amendment Act 1999	1999 No 56	10 Nov 1999	ss 1 and 2: 10 Nov 1999 (IA s 10B)
remainder: 1 Dec 1999 (see Gaz 1999 No S63)	
Gambling Legislation (GST) Amendment Act 2000	2000 No 19	15 June 2000	ss 1 and 2: 15 June 2000 (IA s 10B)
remainder: 1 July 2000 (s 2)	
modified by				
Goods and Services Tax Consequential Regulations 2000	SL 2000 No 34	7 August 2000	regs 1 and 2:  7 Aug 2000 (IA s 10B) 
remainder (reg 3):  taken to have commenced 1 July 2000 (reg 2)	
Gaming Machine Amendment Act 2000	2000 No 70	20 Dec 2000	ss 1 and 2: 20 Dec 2000 (IA s 10B)
remainder: 1 June 2001 (see Gaz 2001 No 21)	
Treasury and Infrastructure Legislation Amendment Act 2000 s 4	2000 No 78	21 Dec 2000	ss 1 and 2:  21 Dec 2000 (IA s 10B)
s 4:  1 Nov 2000 (s 2  (2))	
Gaming Machine Amendment Act 2001	2001 No 35	29 June 2001	29 June 2001 (s 2) 	
Legislation (Consequential Amendments) Act 2001	2001 No 44 pt 164	26 July 2001	s 1, s  2:  26 July 2001 (IA s 10B)
remainder: 12 sept 2001 (s 2 and Gaz 2001 No S65)
	
4	Amendment history
s 2	orig s 2 om 2001 No 44 amdt 1.1893
	(prev s 3A) 	ins 1991 No 113
	sub 1999 No 5
	am 1999 No 47 s 5 sch
	renum 2001 No 44 amdt 1.1894
s 3	om 2001 No 44 amdt 1.1893
s 3A	renum as s 2 2001 No 44 amdt 1.1894
s 4	am 1988 No 26; 1990 Nos 31 and 57; 1991 No 113; 1993 No 54; 1994 No 60; 1995 No 39; 1997 Nos 13, 49 and 103; 1999 No 5 s 15 sch and 38 s 4; 1999 No 47 s 5 sch; 1999 No 56 s 34 and s 69 sch 2; 2000 No 19 s 3 sch; 2000 No 70 s 4; 2001 No 44 amdt 1.1895
s 4A	ins 1993 No 54
s 5	am 1991 No 113; 1993 No 54
s 6	am 1989 No 38
	sub 1990 No 57
	am 1999 No 47 s 5 sch
s 7	am 1989 No 38; 1990 Nos 31 and 57
	om 1991 No 113
s 8	am 1990 No 57; 1991 No 113; 1999 No 47 s 5 sch
pt 3 hdg	om 1999 No 47 s 4
s 9	am 1990 No 57; 1997 No 96
	om 1999 No 47 s 4
ss 10, 11	am 1990 No 57
	om 1999 No 47 s 4
s 12	am 1990 No 57; 1997 No 96
	om 1999 No 47 s 4
s 13	am 1990 No 57; 1994 No 81
	om 1999 No 47 s 4
div 4.1A hdg	(prev pt 4 div 1A hdg	)	 ins 1993 No 54
	renum R7 LA
s 13A	ins 1993 No 54
div 4.1 hdg	(prev pt 4 div 1 hdg) renum R7 LA
s 14	am 1990 No 57; 1991 Nos 35 and 113; 1999 No 38 s 5; 1999 No 56 s 35 and s 69 sch 2; 2001 No 44 amdts 1.1896-1.1898
s 14A	ins 1991 No 113
	am 1997 No 13; 1999 No 47 s 5 sch; 1999 No 56 s 36 and s 69 sch 2
s 15	am 1990 No 57; 1991 No 113; 1993 No 54; 1997 No 13; 1999 No 5; 1999 No 47 s 5 sch; 1999 No 56 s 69 sch 2 
s 15A	ins 1997 No 13
	am 1999 No 47 s 5 sch; 1999 No 56 s 37 and s 69 sch 2
s 16	am 1990 No 57; 1999 No 47 s 5 sch; 1999 No 56 s 69 sch 2
s 16A	ins 1993 No 54
s 17	am 1990 No 57; 1991 No 35; 1993 No 54
	sub 1999 No 56 s 38
s 18	am 1990 No 31; 1993 No 54
s 19	am 1990 No 57; 1991 No 113
	sub 1993 No 54
	am 1999 No 47 s 5 sch
	om 1999 No 56 s 69 sch 2 
s 20	am 1990 No 57; 1999 No 47 s 5 sch; 1999 No 56 s 39
s 21	am 1991 No 35
	om 1993 No 54
	ins 1999 No 56 s 40
div 4.2 hdg	(prev pt 4 div 2 hdg) renum R7 LA
s 22	am 1990 No 57; 1991 No 35
	sub 1993 No 54
	am 1997 No 49; 1999 No 38 s 6; 1999 No 47 s 5 sch; 1999 No 56 s 41; 2001 No 44 amdts 1.1899-1.1901; R7 	LA (see 2001 No 44 amdt 1.1902)
s 22A	ins 1991 No 35
	om 1993 No 54
s 23	am 1988 No 25; 1990 No 57; 1991 No 113; 1999 No 5; 1999 No 47 s 5 sch; 1999 No 56 s 42 and s 69 sch 2; 2000 No 70 s 5
div 4.2A hdg	(prev pt 4 div 2A hdg) 	ins 1998 No 23
	renum R7 LA	
	exp 30 June 2002 (s 23A (2))
s 23A	ins 1998 No 23 
	am 1999 No 35; 2001 No 35 s 4
	exp 30 June 2002 (s 23A (2))
s 23B	ins 1998 No 23
	am 1999 No 47 s 5 sch; 1999 No 56 s 69 sch 2
	exp 30 June 2002 (s 23A (2))
s 23C	ins 1998 No 23
	am 1999 No 47 s 5 sch; 1999 No 56 s 69 sch 2
	exp 30 June 2002 (s 23A (2))
div 4.3 hdg	(prev pt 4 div 3 hdg) 	sub 1999 No 56 s 43
	renum R7 LA
s 24	am 1990 No 57; 1991 No 113; 1993 No 54; 1997 No 13; 1999 No 47 s 5 sch
	sub 1999 No 56 s 44
ss 24A, 24B	ins 1999 No 56 s 44
s 25	am 1991 No 113
s 25A	ins 1991 No 113
	am 1999 No 5; 1999 No 47 s 5 sch
	om 2000 No 70 s 6
s 26	am 1990 No 57; 1991 No 113
	sub 1993 No 54
	am 1999 No 47 s 5 sch; 1999 No 56 s 69 sch 2 
s 27	om Act 1991 No 113
s 28	am 1990 No 57
	om 1991 No 113
div 4.4 hdg	(prev pt 4 div 4 hdg) renum R7 LA
s 29	am 1990 No 57; 1999 No 47 s 5 sch; 2001 No 44 amdt 1.1903, amdt 1.1904
s 30	am 1990 No 57; 1994 No 81; 1999 No 47 s 5 sch
s 30A	ins 1991 No 113
	am 1994 No 81; 1999 No 47 s 5 sch
	sub 1999 No 56 s 45
div 4.5 hdg	(prev pt 4 div 5 hdg) 	ins 1991 No 113
	renum R7 LA
s 30B	ins 1991 No 113
	sub 1999 No 56 s 46
	am 2001 No 44 amdt 1.1905, amdt 1.1906
s 30C	ins 1991 No 113
	am 1993 No 54
	sub 1999 No 56 s 46
	am 2000 No 70 s 7
s 30CA	ins 1993 No 54
	am 1999 No 56 s 69 sch 2
s 30D	ins 1991 No 113
	am 1999 No 47 s 5 sch; 1999 No 56 s 69 sch 2; 2000 No 70 s 8
s 30E	ins 1991 No 113
	am 1994 No 81
s 30F	ins 1991 No 113
	am 1999 No 47 s 5 sch
s 30G	ins 1991 No 113
	om 1999 No 47 s 5 sch
	ins 1999 No 56 s 47
s 30H	ins 1999 No 56 s 47
div 5.1 hdg	(prev pt 5 div 1 hdg) renum R7 LA
s 31	am 1990 No 57; 1993 No 54; 1999 No 47 s 5 sch
	sub 1999 No 56 s 48
s 32	am 1990 No 57; 1991 No 35; 1998 No 54; 1999 No 47 s 5 sch
s 33	am 1990 No 57; 1998 No 54; 1999 No 47 s 5 sch
s 34	am 1990 No 57; 1994 No 81; 1999 No 47 s 5 sch
	sub 1999 No 56 s 49
s 34A	ins 1999 No 56 s 49
	am 2001 No 44 amdts 1.1907-1.1910
s 34B	ins 1999 No 56 s 49
	am 2001 No 44 amdt 1.1911, amdt 1.1912
s 34C	ins 1999 No 56 s 49
	am 2001 No 44 amdts 1.1913-1.1916
s 34D	ins 1999 No 56 s 49
	am 2001 No 44 amdt 1.1917, amdt 1.1918
div 5.2 hdg	(prev pt 5 div 2 hdg	) sub 1993 No 54
	renum R7 LA
s 35	am 1990 No 57
	sub 1993 No 54
	am 1998 No 54
	sub 1999 No 56 s 50
s 36	am 1990 No 57
	sub 1993 No 54
	am 1997 No 49; 1999 No 47 s 5 sch; 1999 No 56 s 51
s 37	am 1990 No 57
	sub 1993 No 54
	am 1995 No 19; 1999 No 47 s 5 sch
s 38	am 1990 No 57
	sub 1993 No 54
	am 1998 No 54
s 39	am 1990 No 57
	sub 1998 No 54
	am 1998 No 54; 1999 No 56 s 52
ss 39A, 39B	ins 1993 No 54
	am 1998 No 54
s 39C	ins 1993 No 54
	am 1999 No 47 s 5 sch; 1999 No 56 s 69 sch 2
ss 39D, 39E	ins 1993 No 54
	am 1998 No 54
s 39F	ins 1993 No 54
	am 1999 No 47 s 5 sch; 1999 No 56 s 53
div 5.3 hdg	(prev pt 5 div 3 hdg) 	am 1993 No 54
	renum R7 LA
s 40	am 1994 No 81
s 41	am 1990 No 57; 1994 No 81; 1999 No 47 s 5 sch; 1999 No 56 s 54
s 42	am 1994 No 81
ss 42A, 42B	ins 1993 No 54
	om 1997 No 49
s 43	om 1993 No 54
	ins 1997 No 49
	am 1999 No 56 s 55
s 43A	ins 1997 No 49
	am 1999 No 47 s 5 sch; 1999 No 56 s 56
ss 43B, 43C	ins 1997 No 49
	am 1999 No 47 s 5 sch
s 44	am 1990 No 57; 1991 No 35; 1994 No 81; 1999 No 56 s 69 sch 2
s 45	am 1990 No 57; 1991 No 113
	om 1993 No 54
div 5.4 hdg	(prev pt 5 div 4 hdg)
	orig pt 5 div 4 hdg om 1993 No 54
 	ins 1993 No 54
	renum R7 LA
s 45	sub 1993 No 54
	am 1994 No 81
s 45A	ins 1993 No 54
	am 1995 No 39; 1999 No 47 s 5 sch; 1999 No 56 s 57; 2001 No 44 amdt 1.1919; R7 	LA (see 2001 No 44 amdt 1.1920)
s 45B	ins 1993 No 54
	am 1995 No 39; 1998 No 54; 1999 No 47 s 5 sch; 1999 No 56 s 58; 2001 No 44 amdt 1.1921; R7 	LA (see 2001 No 44 amdt 1.1922)
s 45C	ins 1993 No 54
	am 1999 No 47 s 5 sch
s 45D	ins 1993 No 54
	am 1995 No 39
s 45E	ins 1993 No 54
	am 1995 No 39; 1999 No 47 s 5 sch; 2001 No 44 amdt 1.1923, amdt 1.1924
s 45F	ins 1993 No 54
	am 1999 No 47 s 5 sch
s 45G	ins 1993 No 54; 1999 No 38 s 7
	am 1999 No 47 s 5 sch; 1999 No 56 s 59; 2001 No 44 amdt 1.1925, amdt 1.1926
s 45H	ins 1993 No 54
	am 1999 No 47 s 5 sch
s 45J	ins 1993 No 54
	am 1998 No 54; 1999 No 47 s 5 sch; 2001 No 44 amdt 1.1927, amdt 1.1928
s 45K	ins 1993 No 54
	am 1998 No 54; 1999 No 47 s 5 sch
s 45L	ins 1993 No 54
	am 1999 No 47 s 5 sch
s 45M	ins 1999 No 56 s 60
div 5.5 hdg	(prev pt 5 div 5 hdg) renum R7 LA
s 46	am 1994 No 81
	sub 1999 No 56 s 61
s 47	am 1990 No 57; 1991 No 35; 1994 No 81; 1999 No 56 s 62 and s 69 sch 2
s 48	am 1991 No 113; 1993 No 54; 1994 No 81; 1999 No 47 s 5 sch; 1999 No 56 s 69 sch 2
s 49	am 1990 No 57; 1991 No 35; 1994 No 81; 1999 No 47 s 5 sch; 1999 No 56 s 69 sch 2; 2001 No 44 amdt 1.1929, amdt 1.1930
s 50	am 1990 No 57; 1991 No 113; 1993 No 54; 1999 No 47 s 5 sch; 1999 No 56 s 69 sch 2
s 51	am 1990 No 57 (as am by 1993 No 1); 1991 No 113; 1994 No 81; 1999 No 47 s 5 sch
pt 5A hdg	ins 1997 No 103
s 51A	ins 1997 No 103
	om 1999 No 56 s 69 sch 2
s 51B	ins 1997 No 103
	am 1999 No 56 s 63; 2001 No 44 amdt 1.1931, amdt 1.1932
ss 51C-51D	ins 1997 No 103
ss 51E-51G	ins 1999 No 56 s 64
pt 6 hdg	sub 1990 No 57
s 52	am 1990 No 57; 1991 Nos 35 and 113; 1993 No 54; 1994 No 60; 1997 No 13; 1999 No 47 s 5 sch; 1999 No 56 s 69 sch 2; 2000 No 70 s 9; 2001 No 44 amdt 1.1933
s 52A	ins 1993 No 54
	am 1999 No 47 s 5 sch
s 53	am 1990 No 57; 1991 No 113
div 7.1 hdg	(prev pt 7 div 1 hdg) 	ins 2000 No 7 s 10
	renum R7 LA
s 54	am 1994 No 81
ss 54A-54D	ins 1997 No 49
	om 2000 No 70 s 11
s 55	am 1994 No 81
s 56	am 1990 No 57; 1997 No 49; 1999 No 47 s 5 sch; 1999 No 56 s 65
s 57	am 1989 No 14; 1990 Nos 31 and 57
	sub 1991 No 113; 1993 No 54
	am 1999 No 56 s 66
s 58	am 1989 No 38; 1990 No 49
	om 1990 No 57
	ins 1991 No 113
	sub 1993 No 54
	am 1999 No 56 s 67; 2000 No 70 s 12
s 58A	ins 2000 No 19 s 3 sch
	mod SL 2000 No 34 reg 3 (exp 31 October 2000 (see Act 2000 No 35 s 7 (5))
	am 2000 No 78 s 4; 2001 No 44 amdt 1.1934
s 59	om 1990 No 57
	ins 1991 No 113
	am 1993 No 54; 1999 No 47 s 5 sch
	sub 1999 No 56 s 68
s 60	sub 1991 No 113
	am 1999 No 47 s 5 sch
div 7.2 hdg	(prev pt 7 div 2 hdg) 	ins 2000 No 70 s 13
	renum R7 LA
s 60A	ins 2000 No 70 s 13
s 60B	ins 2000 No 70 s 13
	am 2001 No 44 amdt 1.1935
ss 60C-60F	ins 2000 No 70 s 13
s 60G	ins 2000 No 70 s 13
	am 2001 No 44 amdt 1.1936, amdt 1.1937
ss 60H-60J	ins 2000 No 70 s 13
s 61	om 1991 No 113
	ins 1998 No 14; 1999 No 56 s 69 sch 2
s 63	am 1998 No 54
s 64	am 1990 No 57; 1999 No 47 s 5 sch
s 65	om 1990 No 57
s 66		sub 2001 No 44 amdt 1.1938
s 67	am 1989 No 38; Act 1997 No 49
	sub 2001 No 44 amdt 1.1938
pt 9 hdg	om 1997 No 49
s 68	am 1990 No 57
	om 1997 No 49
	ins 1999 No 38 s 8
	om 1999 No 56 s 69 sch 2
	ins 2000 No 70 s 14
	exp 1 June 2003 (s 68 (2))
s 69 	am 1990 No 57
	om 1997 No 49
	ins 2000 No 70  s 14
	exp 1 June 2003 (s 69 (2))
s 70 	am 1990 No 57
	om 1997 No 49
	ins 2000 No 70 s 14
	exp 1 June 2003 (s 70 (2))
ss 71-73 	am 1990 No 57
	om 1997 No 49
s 74	om 1997 No 49
sch	om 2001 No 44 amdt 1.1939
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Republication No	Amendments to	Republication date	
1	Act 1991 No 35	31 August 1991	
2	Act 1991 No 113	31 August 1992	
3	Act 1993 No 54	28 February 1994	
4	Act 1994 No 81	31 January 1995	
5	Act 1997 No 103	1 June 1998	
6	Act 1999 No 5	1 March 1999	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2001