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GAMBLING REGULATION FURTHER AMENDMENT ACT 2009 (NO. 58 OF 2009) - SECT 8

Possession of gaming machines may be authorised

    (1)     After section 3.2.2(2) of the Principal Act insert

    "(2A)     The Commission may authorise, in writing, a person who was the holder of a gaming operator's licence or a gaming licence to—

        (a)     be in possession of a gaming machine or gaming equipment; or

        (b)     sell or dispose of a gaming machine or gaming equipment.

    (2B)     The Commission may authorise, in writing, a venue operator to be in possession of, or sell or dispose of, a gaming machine or gaming equipment after a relevant event.

    (2C)     The Commission may give an authorisation under subsection (2A) or (2B) only if—

        (a)     in the case of a person who was a holder of a gaming operator's licence or a gaming licence—the gaming machine or gaming equipment was acquired while the person held a gaming operator's licence or a gaming licence;

        (b)     in the case of a venue operator—the gaming machine or gaming equipment was acquired while the operator held a gaming machine entitlement.".

    (2)     In section 3.2.2(3) of the Principal Act, for "or (2)" substitute ", (2), (2A) or (2B)".

    (3)     After section 3.2.2(4) of the Principal Act insert

    "(5)     In this section—

"relevant event", for a venue operator, means—

        (a)         the forfeiture, under Division 6, 7, 8 or 8A of Part 4A, of all gaming machine entitlements held by the operator; or

        (b)     the transfer, under Division 5 of Part 4A, of all gaming machine entitlements held by the operator to another venue operator; or

        (c)     the sale, under Division 5A of Part 4A, of all gaming machine entitlements held by the operator.".



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