Application for a gaming machine dealer’s licence

Criteria

Applicants need to satisfy Consumer and Business Services that they are fit and proper persons to hold a gaming machine dealer’s licence.

An applicant must satisfy Consumer and Business Services that they are fit and proper persons to hold a gaming machine dealer’s licence and will need to complete a Personal Information Declarations (PDF 120KB). The results of a police check (including having fingerprints taken) and creditworthiness will be taken into consideration.

If the applicant is a body corporate, Consumer and Business Services must be satisfied that all persons in a position of authority in the body corporate are fit and proper.

If the body corporate is a proprietary company, Consumer and Business Services will determine the fitness and propriety of the following persons:

  • all directors of the company
  • all shareholders of the company who are natural persons
  • if a shareholder(s) is another company, then the directors and shareholders of that company, and so on
  • anyone else in a position to exercise control, or substantial influence over the body corporate.

If the body corporate is a public company, Consumer and Business Services will determine the fitness and propriety of the following persons:

  • all directors of the company
  • in the case of shareholders, the applicant will be required to submit a list of the top 20 shareholders. The Commissioner will then make a determination as to which shareholders will be required to complete Personal Information Declarations (PDF 120KB). (This will ordinarily be limited to substantial shareholders only). If a shareholder is another company, then directors and shareholders of that company will also be required to complete Personal Information Declarations, and so on
  • anyone else in a position to exercise control, or substantial influence over the body corporate.

Prohibition of cross ownership

Applicants for a gaming machine dealer’s licence must be aware that the Gaming Machines Act 1992 prohibits a person from being the holder of (or associated with) a gaming machine dealer’s licence and a holder of (or associated with) a licence of any other class under the Gaming Machines Act 1992. For example, a gaming machine dealer can not hold another type of gaming licence nor be associated with another type of gaming licence.

The meaning of ‘associated’ is defined in Section 44A(4) of the Act. If further information is required contact this office.

How to apply

Applicants may wish to contact a solicitor, relevant industry association or any other person approved by the Commissioner before making an application.

All the relevant forms and other documentation will need to be lodged meeting the minimum requirements when making an application.

  • You will be required to pay an application fee as well as a $10,000 indemnity bond. The bond is required to cover the costs incurred by Consumer and Business Services and/or the Commissioner of Police in carrying out investigations.
  • Any unused amount of the bond will be refunded once the application has been determined. Conversely, if the costs are likely to exceed $10,000 then the Commissioner may require a further bond to be paid.
  • Once the minimum requirements and documents have been received by the Office of Consumer and Business Services, applicants will be informed of the hearing  date for the application.

What to include

  1. Application for a gaming machine dealer’s licence (PDF 50KB)
  2. application fee – including government gazette fee for advertising
  3. notice of advertisement
  4. $10,000 indemnity bond
  5. if the applicant is a company – ASIC search extract and/or share certificates
    • detailing directors and shareholders of the company
  6. if the applicant is a partnership or sole trader, copy of business name extract
  7. Personal Information Declarations (PDF 120KB) (PID):
    • in the case of a sole-trader or partnership:
      • for the sole applicant or each partner
    • in the case of a body corporate:
      • for each director and shareholder
      • for each director and shareholder of any shareholding company
      • for each beneficiary under a trust (other than a minor)
      • for any other person in a position of authority
  8. fingerprinting Instructions
    • once a Personal Information Declaration has been lodged, each person must arrange to have their fingerprints taken
    • if a person resides in a remote area, interstate or overseas, alternative arrangements can be made
    • contact the Licensing Enforcement Branch to make an appointment or to make an alternative arrangement
  9. two passport sized photographs for each person seeking approval.

Relevant police and creditworthiness checks may take up to six weeks to complete. If individuals reside interstate or overseas, this may take longer. It is strongly advised that Personal Information Declarations be lodged and arrangements made for fingerprints to be taken, as soon as possible.

A hearing date will not be set until all of these documents have been received.

Further requirements

Lodge at least seven days before hearing date

The following documents are required to be lodged at least seven days before the date of the hearing or your application may be delayed.

  • Proof that the application has been advertised:
    • A copy of the page where the advertisement appears in The Advertiser.

Other documentation required (if applicable)

  • If the applicant is a partnership, and a partnership agreement has been executed:
    • Partnership agreement
  • Front page and Schedule of Beneficiaries relating to any trusts
    • In the case of a unit trust, the number of units held by each unit holder and whether they are held for someone else.