Gaming Machine Act 1991

The commissioner may, in relation to an increase application (gaming machines)—

approve, by a stated number, an increase in the approved number of gaming machines for the licensed premises of the licensee; or

refuse to approve an increase in the approved number.

In making the decision, the commissioner must have regard to the matters the commissioner had regard to in considering the increase application under section 82.

The commissioner must refuse to approve an increase if—

the application relates to category 2 licensed premises; and

any of the endorsed number of entitlements for the licensed premises are, at the time the application is made, transferred under part 3B, division 3 for use on a temporary basis at other category 2 licensed premises.

The commissioner may refuse to approve an increase if the applicant, without a reasonable excuse, fails to comply with a requirement of the commissioner under section 82(2).

If the commissioner approves an increase that is equal to the increase sought in the application, the commissioner must immediately give written notice of the decision to the licensee.

If the commissioner refuses to approve an increase, or approves an increase that is less than the increase sought in the application, the commissioner must immediately give the licensee an information notice for the decision.

If the approved number of gaming machines for licensed premises has been fixed (or increased or decreased) within the last 12 months, the commissioner may only approve an increase in the approved number of gaming machines if there are exceptional reasons for the increase.