Supreme Court Decision Affirms ILGA’s Powers to Consider Impact of Gaming Machines on the Community

September 22, 2023 | Legal

SYDNEY, NSW, Australia (September 21, 2023) — On 20 September 2023 the NSW Court of Appeal handed down its decision in the matter of the NSW Independent Liquor & Gaming Authority (ILGA) v Whitebull HTL Pty Ltd, Area Hotel and The Griffith Hotel Pty Ltd.

This follows a hearing in the NSW Court of Appeal on 16 August 2023.

The Court of Appeal found in favour of ILGA. The Court set aside the orders of the Supreme Court dated 5 June 2023 and ILGA has been awarded costs in this matter.

This affirms ILGA’s powers to consider the impact of gaming machines on the community when it considers applications under the Gaming Machines Act 2001.  

It also affirms ILGA’s ability to impose conditions on gaming machines using its powers under the Liquor Act 2007. 

ILGA will now prioritise consideration of applications that have been deferred pending the decision of the Court. Additional resources will be deployed to ensure deferred applications are determined as soon as possible.

These include:

  • applications to increase Gaming Machine Thresholds not requiring Local Impact Assessments (LIAs)
  • applications for approval of the transfer of Gaming Machine Entitlements
  • applications for approval of the leasing of Gaming Machine Entitlements

ILGA appreciates the patience of applicants in the meantime.

ILGA looks forward to continuing its important work facilitating the balanced development of the gaming and liquor industries while working to protect the community from the known harms associated with excessive alcohol consumption and use of poker machines.

SOURCE: NSW Independent Liquor & Gaming Authority.

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