How changes to the Gaming Machines Act could affect your next entitlements purchase.
August 31, 2018
This article appeared in the August 2018 issue of Club Life.
In most cases, clubs who are purchasing gaming machine entitlements will also need to apply for a gaming machine threshold increase.
Relevantly, the recent amendments to the Gaming Machines Act have resulted in significant changes to the requirements for applying for and obtaining gaming machine threshold increases and the Local Impact Assessment (LIA) Scheme.
Areas in New South Wales are no longer classified by Local Government Area (LGA) boundaries. Instead, they are now classified by Local Statistical Areas (LSAs) which, in effect, comprise of one or more suburbs.
Similar to the former LGA classifications, the LSAs are classified as Band 1 (low risk), Band 2 (medium risk) or Band 3 (high risk) LSAs.
The Liquor & Gaming NSW website contains a free interactive map which allows you to check the LSA and Band for each club premises in NSW.
This column will deal with the situations when no LIA is required and where a Class 1 LIA is required.
Gaming Machine Threshold Applications – No LIA Required
An application to increase the gaming machine threshold can be made without a LIA if:
For the purposes of paragraphs (c) and (d) above, a Band 1 LSA is ranked lower than both Band 2 LSA and Band 3 LSA and a Band 2 LSA is ranked lower than a Band 3 LSA.
After the application is approved, the club will be required to notify certain stakeholders that the application has been approved. This notification will take the form of a local impact statement and must be given to those stakeholders within 1 month of the application being approved.
Gaming Machine Threshold Applications – Class 1 LIA Required
A Class 1 LIA must be lodged with a gaming threshold increase application if the “buyer premises”:
In next month’s column, I will look at when a Class 2 LIA is required and other restrictions on gaming machine threshold increases.
For more information please contact Bruce Gotterson on 8251 7777 or at firstname.lastname@example.org.
This article is intended to provide general information in summary form on a legal topic, current at the time of publication. The contents do not constitute legal advice and should not be relied on as such. Formal legal advice should be sought in specific circumstances.