Australian Capital Territory Current Acts

CASINO (ELECTRONIC GAMING) ACT 2017 - SECT 22

    (1)     If the Minister receives an application under section 21 for approval to convert a restricted authorisation to a casino gaming machine authorisation or casino FATG terminal authorisation (the conversion ), the Minister may—

        (a)     approve the conversion; or

        (b)     refuse to approve the conversion.

Note     If additional information in relation to the application is not given to the Minister within the time stated by the Minister, the Minister may refuse to consider the application (see s 21 (4) and (5) (a)). If the Minister refuses to consider the application, it lapses (see s 21 (5) (b)).

    (2)     In deciding whether to approve the conversion, the Minister must—

        (a)     consider any recommendation made by the commission in relation to the application, including whether—

              (i)     the location, boundaries and dimensions of the proposed gaming area are suitable for the installation of the number of casino gaming machines or casino FATG terminals stated in the application; and

              (ii)     the control procedures mentioned in section 21 (3) (d) and the gaming rules the casino licensee has adopted for the purpose of controlling the operation of casino gaming machines are adequate for the purpose; and

              (iii)     the casino has sufficient harm minimisation strategies in place for patrons; and

        (b)     consider any recommendation made by a casino advisory panel in relation to the decision, including in relation to the casino licensee's compliance with any agreement with the Territory in relation to the redevelopment of the casino and the casino precinct.

    (3)     However, the Minister must not approve the conversion unless the territory planning authority has—

        (a)     approved a development application by the casino licensee in relation to redevelopment of the casino and the casino precinct; and

        (b)     certified in writing that the casino licensee has completed the stage of development prescribed by regulation for the maximum number of restricted authorisations sought to be converted.

    (4)     If the Minister approves the conversion of a restricted authorisation to a casino gaming machine authorisation or casino FATG terminal authorisation, the commission must convert the restricted authorisation.

    (5)     If the application is for the conversion of 2 or more restricted authorisations, the Minister may approve the conversion of fewer than the number stated in the application if the commission recommends that the size and layout of the proposed gaming area are only suitable for the installation of the lower number of casino gaming machines or casino FATG terminals.

    (6)     If the Minister refuses to approve the conversion, the Minister must tell the casino licensee, in writing, the reasons for the decision.

Note     For what must be included in a statement of reasons, see the Legislation Act

, s 179.

    (7)     In this section:

"casino advisory panel"—see the Casino Control Act 2006

, section 136B.