Casino (Gambling Regulation) (No 3) Variation Regulations 2020 (SA)

South Australia

Casino (Gambling Regulation) (No 3) Variation Regulations 2020

under the Casino Act 1997

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Casino Regulations 2013

4            Revocation of regulation 6

5            Insertion of regulation 10

10          Operation of facial recognition system—prescribed requirements

6            Variation of Schedule 3—Savings and transitional provisions

3            Right of review

Part 1—Preliminary

1—Short title

These regulations may be cited as the Casino (Gambling Regulation) (No 3) Variation Regulations 2020.

2—Commencement

These regulations come into operation on 3 December 2020.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Casino Regulations 2013

4—Revocation of regulation 6

Regulation 6—delete the regulation

5—Insertion of regulation 10

After regulation 9 insert:

10—Operation of facial recognition system—prescribed requirements

(1)For the purposes of section 42D(1) of the Act, it is a requirement that data collected by an approved facial recognition system must not be used for or in connection with the following:

(a)encouraging or providing incentives to a person to gamble;

(b)customer loyalty programs;

(c)a lottery within the meaning of the Lottery and Gaming Act 1936 or the Lotteries Act 2019;

(d)identifying a barred person in respect of premises other than the casino premises;

(e)any other purpose notified by the Commissioner to the system provider or licensee.

(2)For the purposes of section 42D(2) of the Act, the following requirements are prescribed in relation to the recording of a person's facial image by means of an approved facial recognition system:

(a)the licensee must, by notice displayed at each entrance to the casino premises, in a manner and form approved by the Commissioner, notify each person who is about to enter the casino premises that a record of the person's facial image will be made by means of the approved facial recognition system;

(b)the facial image of a person or any data recorded by the approved facial recognition system that identifies a person (other than a barred person), must not be retained by the licensee or on any system operated on or on behalf of the licensee after 72 hours of being recorded by the system.

6—Variation of Schedule 3—Savings and transitional provisions

Schedule 3—after clause 2 insert:

3—Right of review

(1)Despite the repeal of Part 8 of the Act, until the relevant day, the licensee continues to have the right to apply to the Licensing Court of South Australia for a review of a prescribed decision (in accordance with the provisions of that Part as in force immediately before its repeal).

(2)In this clause—

prescribed decision means a decision of the Commissioner under the Gambling Administration Act 2019 that is not subject to review on an application under section 54(1) of that Act;

relevant day means a day determined by the Minister by notice in the Gazette for the purposes of this clause.

Made by the Governor

with the advice and consent of the Executive Council

on 30 July 2020

No 247 of 2020