Nsw Poker Machine Licences

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Nsw Poker Machine LicencesNsw Poker Machine LicencesNsw Poker Machine Licences
Ruling number DUT 014
Date issued 26 March 1999
Issued by JW Purcell
Chief Commissioner of State Revenue
Effective from 26 March 1999
Effective to 1 July 2016
Status Current

The rule changes, announced in July 2001, included a statewide cap of 104,000 machines and allowed owners to trade poker machine licences if they forfeited one for every two transferred. The last licence review was completed in 2018. NSW has delayed granting Crown a licence for its new Sydney high-rollers casino at Barangaroo in the wake of the inquiry recommending the company is. According to the poker machine, $3,000 was gambled, and $300 (all of Gladys’ money) was kept. That means that the machine paid out $2,700 which is the 90 per cent return. Applications for licences 168. Consideration and fees for CMS licence or links licences 169. Competition and Consumer Act 2010 (Cth) exemption for exclusive licences 170. No proprietary right in licences 171. Term of licences 172. Disciplinary action against licensees 173. Rectification orders 174. Temporary suspension of licences 174A. If you service, repair, and maintain approved gaming machines, either as an employee or company, you need a gaming machine technician's licence.

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Preamble

  1. Under the provisions of the Liquor Act 1982, the licensee of a hotel holds the poker machine permits of that hotel. A permit is a “statutory permission” and is dutiable property under the Duties Act 1997. Any dutiable transactions over a permit are therefore subject to duty. This gives rise to 2 problems.

  2. First, where a hotel is owned by a company, the manager of the hotel holds the poker machine permits. Therefore, if there is a change of manager at the hotel, the poker machine permits must also be transferred to the new manager.

  3. Section 65 of the Duties Act was recently amended to provide an exemption from duty in respect of the transfer of a liquor licence where there was a change of managers, on the basis that there was no change in beneficial interest or contemplation of such a change. Requests were made to provide a similar exemption from duty in cases where the transfer of permits occurred as a consequence of a transfer of a licence where that transfer is itself exempt under the provisions of the Duties Act.

  4. Secondly, transfers of poker machine permits can occur following a vesting by or as a consequence of a court order of the Licensing Court of NSW. A vesting of this type is also a dutiable transaction on which ad valorem duty is payable. While some transfers of dutiable property are given concessional treatment in specified circumstances, a vesting of a poker machine permit by or as a consequence of a court order is not given similar relief in the same circumstances. Requests were made for the vesting by court order of poker machine permits to be given similar concessional treatment.

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Nsw Poker Machine Licences

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Ruling

  1. The Treasurer has given approval for the Duties Act 1997 to be administered on the basis that:

    1. a transfer of a poker machine permit issued pursuant to the Liquor Act 1982, is exempt from duty where the transfer of the permit occurred as a consequence of a transfer of a licence that is itself exempt under the provisions of the Duties Act; and

    2. no duty is chargeable on the vesting of a poker machine permit by or as a consequence of a court order under the Liquor Act if the Chief Commissioner is satisfied that:

      1. there is no change of, or contemplated change in, the beneficial ownership of the permit as a consequence of the vesting, or

      2. the vesting is a consequence of an agreement for the sale or transfer of dutiable property on which the duty chargeable in respect of the agreement has been paid.

  2. The Variation to Statute will operate with effect from 23 October 1998 and continue until appropriate amendments can be made to the Duties Act.

  3. Unlike liquor licences, poker machine permits may also be transferred from one hotel to another, for example between managers of hotels in a hotel chain. These transactions are generally commercially driven and do not occur as a result of a legislative requirement. Consequently, transfers of this nature will be chargeable with duty under the normal transfer provisions of the Duties Act.