Gaming Machine Act 1991

A licensee may apply to have the approved number of gaming machines for licensed premises of the licensee decreased.

However, the application may not be made by a category 2 licensee to whom entitlements of other category 2 licensed premises are currently transferred under part 3B, division 3 for use on a temporary basis at the licensed premises mentioned in subsection (1).

Subsection (1C) applies if—

an application mentioned in subsection (1) is made by a category 2 licensee; and

one or more of the entitlements of the licensed premises are currently transferred under part 3B, division 3 for use on a temporary basis at other category 2 licensed premises.

The application may not relate to the gaming machines, the entitlements for which are subject to the transfer mentioned in subsection (1B)(b).

An approved authority may request that the approved number of gaming machines for licensed premises of a licensee be decreased.

An inspector may make a report recommending the approved number of gaming machines for a licensee’s licensed premises be decreased—

because of a material change affecting the licensee that has happened since the licensee was granted a gaming machine licence; or

if, within the period of 6 months immediately before the report, the licensee did not operate, for a continuous period of 3 months, 1 or more gaming machines included in the approved number of gaming machines for the licensed premises other than—

a gaming machine stored with the commissioner’s approval as mentioned in section 225(3); or

a gaming machine that was not available for gaming because the gaming machine was undergoing alteration, adjustment, maintenance or repair by a licensed repairer acting under this Act.

For subsection (3)(b), the period immediately before a report can not include a period before the commencement of this subsection.

Subsection (3)(b) does not apply to a gaming machine for category 2 licensed premises, the entitlement for which is currently transferred under part 3B, division 3 for use on a temporary basis at other category 2 licensed premises.

An application by a licensee must be—

in the approved form; and

given to the commissioner; and

accompanied by the gaming machine licence for the licensed premises; and

if the licensee intends to relocate the gaming machine areas for licensed premises of the licensee—accompanied by an application under section 91.

A request or report mentioned in subsection (2) or (3) must—

be in writing; and

be given to the commissioner; and

state, by reference to a number, the decrease requested or recommended; and

state the approved number of gaming machines for the licensed premises if the decrease were to be approved.

For subsection (3), a change is a material change affecting a licensee if the change is—

a general change of conditions in the neighbourhood in which the licensee’s licensed premises are situated; or

a change in the licensee’s circumstances; or

a change in any of the matters mentioned in section 60(3) relating to the licensee or licensee’s licensed premises.