Exception – levy if application made before 1 July 2016
31B Exception – levy if application made before 1 July 2016
(1) Despite regulation 31A, this regulation applies in relation to an application made under section 24(1) or 41(1) of the Act before 1 July 2016.
(2) For sections 24(3)(q)(ii) and 41(2)(f)(ii) of the Act, the levy is nil if the total number of gaming machines that would be authorised for use under the applicant's licence if the application were granted would not exceed the pre-July 2015 maximum number.
(3) However, if the total number of gaming machines that would be authorised for use under the applicant's licence if the application were granted would exceed the pre-July 2015 maximum number, the levy is:
(a) for each gaming machine that does not form part of the excess number of machines – nil; and
(b) for each gaming machine for which authorisation for use under the applicant's licence is sought in the application and that forms part of the excess number of machines:
(i) if the application relates to Category 1 licensed premises – 45 045 revenue units; or
(ii) if the application relates to Category 2 licensed premises – 9 010 revenue units.
(4) Subregulation (3) applies even if, when the application is made, the total number of gaming machines authorised for use under the applicant's licence exceeds the pre-July 2015 maximum number.
In this regulation:
excess number of machines, in relation to an application, means the number of gaming machines obtained when the pre-July 2015 maximum number of gaming machines is subtracted from the total number of gaming machines that would be authorised for use under the applicant's licence if the application were granted.
pre-July 2015 maximum number means:
for Category 1 licensed premises – 10; or
for Category 2 licensed premises – 45.
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