NSW court rules ILGA cannot revoke certain gaming machine approvals

The NSW Court of Appeal has ruled that the regulator cannot reverse approvals for gaming machine transfers or increases in thresholds.

Australia.- The Liquor & Gaming New South Wales (NSW) has today (February 29) reported that the New South Wales Court of Appeal made a decision on September 7, 2023, in the case of NSW Independent Liquor & Gaming Authority (ILGA) v 4 Boys. 

The court ruled that under the Gaming Machines Act 2001, ILGA does not have the power to revoke or reverse an earlier approval of a gaming machine entitlement (GME) transfer under section 19(2)(a) of the Act or a gaming machine threshold increase under section 34(4) of the Act. 

4 Boys had appealed after the ILGA won a June 2023 hearing on the matter. The appeal court’s decision means that once ILGA approves a GME transfer or a GMT increase, they cannot re-exercise their powers to undo, revoke, or reverse that approval. The regulator noted that applicants will now be unable to withdraw a GME transfer application or GMT increase application once approved by ILGA.

See also: Pubs and clubs in NSW to have a responsible gambling officers