Northern Territory Numbered Regulations

GAMING MACHINE AMENDMENT (LEVIES) REGULATIONS 2014 (NO 44 OF 2014) - REG 6

After regulation 38, in Part 7

insert

38A     Refunds of levies following determination of application

    (1)     This regulation applies if:

(a)     an application made under section 24 or 41 of the Act is refused; or

(b)     an application for a gaming machine licence made under section 24 of the Act is granted but the number of gaming machines authorised for use under the licence is to be less than the number requested in the application; or

(c)     an application made under section 41 of the Act to increase the number of gaming machines authorised for use under a gaming machine licence is granted, but the increased number of gaming machines is less than the number requested in the application.

    (2)     Within 7 days of a final decision on an application, the Director-General must refund:

(a)     if the final decision is a refusal of the application – all levies paid under section 24 or 41 of the Act in relation to the application; or

(b)     if the final decision is a grant of the application – the levy paid under section 24 or 41 of the Act for each gaming machine, or additional gaming machine, for which the authorisation for use under the licence was requested in the application but that was not authorised for use.

    (3)     A decision becomes final:

(a)     if the applicant commences a review, or an appeal from a review, of a decision – on the day on which the review or appeal has been decided; or

(b)     otherwise – when the applicant no longer has a right to apply for a review or appeal of the decision.