Gambling and Racing Control Act 1999

The cap on the number of authorisations for electronic gaming for all authorised premises in the ACT is worked out as follows:

SN − (NS + NC + NF)

NC means the total number of authorisations cancelled after the relevant day.

NF means the total number of authorisations forfeited to the Territory after the relevant day.

NS means the total number of authorisations surrendered after the relevant day.

SN means the number notified by the commission under subsection (3).

The total number of authorisations for electronic gaming under all authorisation schedules issued under a gaming law must not exceed the cap on the number worked out under subsection (1).

Note An authorisation schedule is included in an authorisation certificate (see Casino (Electronic Gaming) Act 2017, s 12 (1) (e) and s 15 (1) (e) and Gaming Machine Act 2004, s 27 (1) (h) and s 30 (3) (j)).

As soon as practicable after each time the cap on the number of authorisations for electronic gaming changes, the commission must prepare a notice stating the new cap on the number and the date of the change.

A notice under subsection (3) is a notifiable instrument.

In this section:

authorisation, for electronic gaming, means—

an authorisation for a gaming machine under the Gaming Machine Act 2004; and

an authorisation for a casino gaming machine or casino FATG terminal under the Casino (Electronic Gaming) Act 2017.

authorised premises—

see the Gaming Machine Act 2004, dictionary; and

includes the casino.

cancelled—

an authorisation for a gaming machine is cancelled if—

the authorisation is cancelled under either of the following sections of the Gaming Machine Act 2004:

section 62 (Commission may take disciplinary action against licensee);

section 64 (Cancellation of authorisation certificate because of cancellation etc of general and on licences); and

the cancellation has become final; and

an authorisation for a casino gaming machine or casino FATG terminal is cancelled if—

the authorisation is cancelled under—

the Casino Control Act 2006, section 34 (Disciplinary action against casino licensee); or

the Casino (Electronic Gaming) Act 2017, section 41 (Cancellation of authorisation certificates and authorisations on surrender of casino licence); and

the cancellation has become final.

casino—see the Casino Control Act 2006, dictionary.

casino FATG terminal—see the Casino (Electronic Gaming) Act 2017, dictionary.

casino gaming machine—see the Casino (Electronic Gaming) Act 2017, dictionary.

electronic gaming means gaming machines, casino gaming machines, casino FATG terminals and fully-automated table game machines.

final—a cancellation of an authorisation becomes final when—

the time for any appeal or review in relation to the decision has ended; or

any appeal or review in relation to the decision has been decided or withdrawn.

forfeited—an authorisation is forfeited if the authorisation is forfeited under—

the Gaming Machine Act 2004, section 127F (Trading authorisations—forfeiture requirement); or

the following sections of the Casino (Electronic Gaming) Act 2017:

section 17 (Acquiring authorisations—forfeiture requirement);

section 23 (Status of restricted authorisations if development approval ends under Planning Act 2023, s 211 or because no approval given);

section 24 (Status of restricted authorisations if development approval ends in other circumstances);

section 42 (Cancellation of authorisation certificates and authorisations—forfeiture).

gaming machine means a gaming machine under the Gaming Machine Act 2004, dictionary.

relevant day means the date of the change stated in the notice prepared by the commission under subsection (3).

surrendered—

an authorisation for a gaming machine is surrendered if the licensee, under the Gaming Machine Act 2004, section 37F (1) (c) (Surrender of licences, authorisation certificates and authorisations), surrenders the authorisation and the surrender takes effect under that Act, section 173E (Notifiable actions—date of effect); and

an authorisation for a casino gaming machine or casino FATG terminal is surrendered if the casino licensee, under the Casino (Electronic Gaming) Act 2017, section 43 (Surrender of authorisation certificates and authorisations), surrenders the authorisation and the surrender takes effect under that Act, section 50 (Notifiable actions—date of effect).