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Application to Approve Casino Venue Agreements or Amendments

A “casino venue agreement” is an arrangement or agreement made between the holder of a casino venue licence and the holder of a casino operators licence to operate the casino to which the casino venue licence relates (s4). Casino licence holders who propose to enter into a casino venue agreement or to amend an existing casino venue agreement must apply for approval from the Gambling Commission (s132(1) and (2)). The Gambling Commission must consider the application in accordance with s133.

Link to application forms:
Note: These documents are in Adobe Acrobat (.pdf) format. You need to have the Adobe Acrobat Reader installed on your computer. You can download a free version from the Adobe site.

Application to Approve a Casino Venue Agreement (.pdf) 49k

Application to Vary Casino Venue Agreement (.pdf) 50k

Applicant files application using specified form and pays relevant fee to the Commission

The relevant fee is $23,511.11 for an application for approval of a new agreement or $1,022.22 for an application to amend an existing agreement

Commission may require applicant to provide a copy of the proposed agreement or amendment and any other relevant information

Commission sends application and other relevant information to the Secretary and asks the Secretary to notify the Commission of its position in relation to the application

Secretary notifies the Commission of its position and reasons for any opposition

Commission:

Decides if it will appoint any experts to assist it in making its decision.

Commission considers the information received and decides whether to:

Grant the application (with or without conditions);

Receive written submissions; or

Hold an oral hearing.

Before the Commission may decide to grant the application, it must consider the factors in sections 124 and 133.

If the Commission decides to receive submissions or hold a hearing, the Commission will decide who should be asked to provide written submissions or other information to assist the Commission.

If Commission decides to receive written submissions:

Commission sends information received from the Secretary to the applicant and requests written submissions and any other information from the applicant.

Commission receives written submissions from the applicant and provides these to the Secretary and any other selected persons.

Secretary and any other selected persons make written submissions.

Commission receives submissions from Secretary and any other selected persons and provides copies to the applicant.

The applicant may make written submissions, strictly in reply.

If Commission decides to hold an oral hearing:

Commission sends information received from the Secretary to the applicant.

Commission sets a date for the hearing and notifies the applicant and the Secretary of the process to be followed at the hearing.

Commission holds the hearing.

If Commission decides to grant the application without conditions or written submissions or an oral hearing

The Commission notifies the applicant of its decision.

If Commission decides to grant the application with conditions, the procedure for setting these conditions set out in sections 139 and 140 must be followed.

Commission considers the factors in s124 and 133 and whether or not to approve the agreement or amendment

The Commission may:

refuse to approve the agreement or amendment;

approve the agreement or amendment; or

approve the agreement or amendment but also place conditions on one or both of the casino licences (139(1)(c)).

If decision made to refuse the application:

Commission notifies the applicant and the Secretary of the decision, with reasons, and explains the applicant’s appeal rights (s235).

If decision made to approve the application:

Commission notifies the applicant and Secretary.

If decision made to approve the application but subject to conditions, Commission notifies Secretary, affected persons & holder of licence/s of the conditional approval, the proposed conditions and the procedure to be followed

The procedure to be followed is that the licence holder, the Secretary and any other person affected may make written submissions to the Commission concerning the proposal within 20 working days of being notified by the Commission or within any longer period that the Commission allows (s140(3).

The Commission will determine if there are any "affected persons", and, if so, who they are.

Commission receives written submissions from licence holder/s, affected persons and the Secretary

Commission considers submissions and, if it considers appropriate, seeks comment from the licence holder on the submissions received from the Secretary and affected persons (s140(4))

Commission receives written submissions from licence holder/s, affected persons and the Secretary

Commission notifies its decision to the applicant, Secretary and any affected persons as to whether application is approved and of any conditions to be placed on the licence/s

The notice should give reasons and set out the right of appeal under s235 (s140(5))


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