Gaming Machines Variation Regulations 2011 (SA)

South Australia

Gaming Machines Variation Regulations 2011

under the Gaming Machines Act 1992

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Gaming Machines Regulations 2005

4            Variation of regulation 10—Minister may grant exemptions

Part 1—Preliminary

1—Short title

These regulations may be cited as the Gaming Machines Variation Regulations 2011.

2—Commencement

These regulations come into operation on the day on which they are made.

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 Gaming Machines Regulations 2005

4—Variation of regulation 10—Minister may grant exemptions

Regulation 10—after subregulation (4b) insert:

(4ba)The Minister may grant exemptions from such provisions of the Act as may be necessary for the purpose of enabling—

(a)the holder of a gaming machine dealer's licence to sell or supply gaming machines, prescribed gaming machine components and gaming equipment to the holder of the casino licence under the Casino Act 1997 as if the holder of the casino licence held a gaming machine licence; and

(b)gaming machines owned by the holder of the casino licence under the Casino Act 1997 to be stored at a secure location by a person who does not hold a licence.

(4bb)Without limiting the conditions that may be imposed under subregulation (4c), an exemption under subregulation (4ba)(b) is subject to the following conditions:

(a)the person storing the gaming machines and the premises at which the gaming machines are stored must be approved by the Commissioner;

(b)a gaming machine must not be transferred to the approved premises unless the Commissioner has been given notice in writing of the details of the gaming machine and the date and time of its proposed transfer;

(c)a gaming machine must not be disposed of at, or removed from, the approved premises unless the Commissioner has been given notice in writing of—

(i)the details of the gaming machine; and

(ii)if the machine is to be disposed of—the proposed method, date and time of disposal; and

(iii)if the machine is to be removed—the purpose of its removal, the place to which it is to be removed and the date and time of its proposed removal;

(d)an authorised officer may exercise powers for the purposes of ascertaining whether the conditions of the exemption are being complied with as if those powers were being exercised under the Act, the approved premises were premises used in the course of a business carried on under a licence and the officer were ascertaining whether the provisions of the licence were being complied with, and a person—

(i)must not, without reasonable excuse, hinder or obstruct the authorised officer in the exercise of the powers; or

(ii)fail to answer a question put by the authorised officer to the best of his or her knowledge, information or belief; or

(iii)fail to comply with any other lawful requirement or direction of the authorised officer; or

(iv)use abusive, threatening or insulting language to the authorised officer or a person assisting the authorised officer.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 17 November 2011

No 240 of 2011

11MGA0004CS