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SIA frequently asked questions
SIA frequently asked questions
When a hotelier's licence is removed from one location to another, does the social impact assessment (SIA) threshold and the poker machine entitlements automatically travel with the licence?
No. The licensee of the hotel must apply for the SIA to be removed from the existing location to the new location. The distance between the two premises will determine what class of SIA is required. For a removal within one kilometre a class 1 SIA is required, for more than one kilometre a class 2 is required. An application for a gaming machine SIA removal should be lodged in conjunction with a licence removal application.
Once the class 1 SIA is approved and the final order of the removal is granted the SIA and the poker machine entitlements (including any Liquor Act permits, hardship gaming machines, poker machine entitlements issued in respect of surrendered AADs) are removed to the new location. However, in relation to a class 2 removal only the poker entitlements (removed with normal forfeiture of 1 in every block of 2 or 3) and Liquor Act permits (removed without forfeiture) are removed to the new location.
My hotel had a class 1 SIA approved for four machines on 22.7.2003. I have heard that the legislation has been amended to allow the hotel to get up to 6 more, what do I have to do?
The Gaming Machines Regulation was amended to allow hotels and clubs to apply for up to 10 machines under a class 1 SIA. Previously you could only apply for 4 machines under a class 1. The time within which you can apply for a further class 1 was also increased from 3 to 10 years. It is to be noted the application process has not been changed and therefore a new application must be lodged along with an application fee of $550.
My club had a class 1 SIA approved for 4 machines on 29.12.2003 and then a class 2 for 10 on 30.12.2004. Can I now apply for another class 1 following the change to the legislation?
No - the legislation allows you to apply for up to 10 machines under a class 1 in 10 years. However, in your case once you have been granted approval for an increase to your SIA of 10 or more, whether it is from a class 1 or a class 2 or a combination of both, you cannot apply for another class 1 for 10 years from the date of approval of the class 1 SIA ie 29.12.2013.
I am a solicitor who acts for a registered club that has two premises that are both located in the country area, as defined by the Gaming Machines Regulation. Under a class 1 SIA both premises can apply for an increase to their SIA threshold of 10. Once that has been approved does that restrict both premises from increasing their SIA to transfer entitlements between premises for 10 years?
No. If the premises you refer to are within 50 kilometres of each other, section 34(3) of the Gaming Machines Act allows you to apply, under what is termed as a class 1(b) SIA, to transfer as many entitlements as you require between premises of a registered club. It must be remembered that section 34(3) only relates to:
- a SIA lodged in relation to a transfer of entitlements between premises of the same registered club
- the premises must be within 50 kilometres of each other and both premises must be situated in the country area.
In 2003 my club applied for a class 1(b) SIA to transfer 13 entitlements from the other premises of our club. Can we now apply for another class 1 SIA?
No - once you have had a SIA approved for 10 or more machines you cannot apply for another class 1 for 10 years, unless you fit into the category of the previous question and answer. That is, transfer of entitlements between premises of the same registered club and the clubs are within 50 kilometres of each other and are both in the country area.
The same amendment also introduced a prohibition on venues offering promotional prizes or inducements to play gaming machines if they are offensive or indecent.
