ILGA places interim measures on gaming machine applications
- Liquor & Gaming NSW
7 July 2023
ILGA places interim
measures on gaming machine applications
Issued by the Independent Liquor & Gaming Authority:
On 5 June 2023 the NSW Supreme Court handed down its
judgment in the matter of Whitebull HTL Pty Ltd, Area Hotel, The Griffith Hotel
Pty Ltd v Independent Liquor & Gaming Authority. ILGA has complied with the
resulting court orders. The judgment also impacts ILGA’s decision making
processes and powers under the Gaming Machines Act 2001, including powers to
impose harm minimisation conditions on licences.
On 21 June 2023 solicitors for ILGA filed an appeal in
respect of the Whitebull decision. An application for expedition was granted.
The appeal is set down for hearing on 16 August 2023.
At its meeting also on 21 June, ILGA considered the
decision, its impact on applications for approval of certain transactions in
relation to gaming machine transfers and threshold increases, and the
importance of predictability in the market for gaming machine entitlements.
Having given careful thought to these factors, its options
and the potential consequences of each one, as an interim measure ILGA has
decided to defer consideration of matters which may be impacted by the outcome
of the appeal.
ILGA therefore informs applicants, potential applicants and
their legal advisers that consideration of the following matters will be
deferred pending finalisation of the appeal:
to increase Gaming Machine Thresholds not requiring local
impact assessments (LIAs)
for approval of the transfer of Gaming Machine Entitlements
for approval of the leasing of Gaming Machine Entitlements.
ILGA is working towards swift resolution and appreciates
applicants’ patience in the meantime.
the problem arises for hoteliers looking at increasing their gaming holdings
.....Will the 2 for 1 trading entitlement change come in before this is
lifted??? How will the market handle no action?