Statutes Amendment (Gambling Measures) Act 2015 (SA)

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South Australia

Statutes Amendment (Gambling Measures) Act 2015

An Act to amend the Gaming Machines Act 1992; the Independent Gambling Authority Act 1995, the Lottery and Gaming Act 1936 and the Problem Gambling Family Protection Orders Act 2004.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Statutes Amendment (Gambling Measures) Act 2015.

2Commencement

This Act will come into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Gaming Machines Act 19924Amendment of section 15 – Eligibility criteria

Section 15(5)(a)(ii)—delete subparagraph (ii)

5Amendment of section 18 – Form of application

Section 18(4)—delete "and the layout of the machines within each gaming area"

6Amendment to heading to Part 4AA

Heading to Part 4AA—delete "Prohibition notices—gaming" and substitute:

Gaming

7Insertion of section 44AAA

Before section 44AA insert:

44AAA—Commissioner may notify Commissioner of Police of appointment of gaming managers and gaming employees

  1. (1)

    The Commissioner may provide a copy of a notification of the appointment of a gaming manager or gaming employee to the Commissioner of Police.

  2. (2)

    As soon as reasonably practicable following receipt of a notification under subsection (1), the Commissioner of Police—

    1. (a)

      must make available to the Commissioner information about any criminal convictions of the gaming manager or gaming employee; and

    2. (b)

      may make available to the Commissioner other information to which the Commissioner of Police has access relevant to whether the Commissioner should issue a prohibition notice under section 44AA.

8Amendment of section 45 – Offence of being unlicensed

Section 45—after paragraph (a) insert:

  1. (ab)

    purchase, or enter into a contract or agreement to purchase, a gaming machine; or

9Amendment of section 51A – Cash facilities not to be provided within gaming areas

Section 51A(1)—after "cash facility" insert:

other than an EFTPOS facility

10Amendment of Schedule 1 – Gaming machine licence conditions

Schedule 1, paragraph (e)—delete paragraph (e)

Part 3Amendment of Independent Gambling Authority Act 199511Amendment of long title

Long title—delete "Gaming Supervisory Authority" and substitute:

Independent Gambling Authority

12Substitution of section 10

Section 10—delete the section and substitute:

10—Staff

  1. (1)

    The Authority's staff consists of Public Service employees assigned to assist the Authority in the exercise of its functions.

  2. (2)

    While a Public Service employee is assigned to the Authority, directions given to the employee by the Authority in respect of the exercise of its functions prevail over directions given to the employee by the chief executive of the administrative unit of the Public Service in which the employee is employed to the extent of any inconsistency.

13Amendment of section 11B – Delegation
  1. (1)

    Section 11B(1)—delete "committee established by the Authority, a member, deputy member or the Secretary of the Authority, or the Commissioner" and substitute:

    person or body (including a person for the time being holding or acting in a particular position)

  2. (2)

    Section 11B(2)—delete "to the Secretary of the Authority"

  3. (3)

    Section 11B(3)—after paragraph (c) insert:

    and

    1. (d)

      may, if the instrument of delegation so provides, be further delegated.

14Amendment of section 14 – Powers and procedures of Authority

Section 14(1)—delete "signed on behalf of the Authority by the Secretary of the Authority" wherever occurring

15Amendment of section 15I – Powers to remove etc

Section 15I(1)—after "place" third occurring insert:

or barred from taking part in specified gambling activities that are engaged in at that place

16Amendment of section 17 – Confidentiality

Section 17—after subsection (2) insert:

  1. (3)

    An authorised person under this Act or a prescribed Act must not disclose confidential information obtained in the course of exercising powers or carrying out functions or duties under this Act or a prescribed Act except—

    1. (a)

      to another authorised person; or

    2. (b)

      to the Commissioner or the Authority; or

    3. (c)

      as permitted by the person in whose favour the duty of confidentiality exists; or

    4. (d)

      as is otherwise necessary for the proper administration of this Act or a prescribed Act; or

    5. (e)

      as required by law.

Maximum penalty: $10 000.

Part 4Amendment of Lottery and Gaming Act 193617Amendment of section 4 – Interpretation
  1. (1)

    Section 4, definition of unlawful gaming—after paragraph (a) insert:

    1. (ab)

      the playing at or engaging in a game of poker in a public place (provided that the regulations may prescribe circumstances in which playing at or engaging in a game will or will not constitute unlawful gaming for the purposes of this paragraph); and

  2. (2)

    Section 4, definition of unlawful gaming, (b)—delete "hereinbefore defined" and substitute:

    defined in paragraphs (a) and (ab)

18Amendment of section 61 – Unlawful gaming and playing of unlawful games

Section 61—after subsection (3) insert:

  1. (4)

    A person must not organise or promote unlawful gaming.

Maximum penalty: $2 500.

19Insertion of section 117

After section 116 insert:

117—Delegation

  1. (1)

    The Minister may delegate to a person (including a person for the time being holding or acting in a particular position) any of the Minister's powers or functions under this Act.

  2. (2)

    A delegation—

    1. (a)

      must be by instrument in writing; and

    2. (b)

      may be absolute or conditional; and

    3. (c)

      does not derogate from the power of the delgator to act in a matter; and

    4. (d)

      is revocable at will by the delegator.

  3. (3)

    A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated in accordance with that instrument.

Part 5Amendment of Problem Gambling Family Protection Orders Act 200420Amendment of section 3 – Interpretation

Section 3(1), definition of Secretary—delete the definition

21Amendment of section 13 – Notification of making, variation or revocation of problem gambling family protection orders by Authority

Section 13—delete "Secretary" wherever occurring and substitute in each case:

Authority

22Amendment of section 18 – Report to Parliament

Section 18(2)—delete "Secretary" and substitute:

Authority

Schedule 1—Statute law revision amendments of Lottery and Gaming Act 1936

 

Provision amended

How amended

Act

Delete "upon" wherever occurring and substitute in each case:

on

Delete "No person shall" wherever occurring and substitute in each case:

A person must not

Delete "Chief Secretary" wherever occurring and substitute in each case:

Minister

Delete "member of the police force" wherever occurring and substitute in each case:

police officer

Section 4, definition of bet or make a bet

Delete "shall have" and substitute:

has

Section 4, definition of public place, (c)

Delete "Licensing Act 1967, as amended," and substitute:

Liquor Licensing Act 1997

Section 4, definition of public place, (f)

Delete "thereof" and substitute:

of that building or place

Section 4, definition of unlawful gaming, (a)

After "his" insert:

or her

Section 5

Delete "hereby declared to be"

Section 5

Delete "or in pursuance thereof" and substitute:

of or pursuant to a lottery is

Section 7(d)

Delete "aforesaid" and substitute:

set out above

Section 9(1)

Delete "part of this Act shall extend to or affect" and substitute:

Part extends to or affects

Section 9(1)(b)

Delete "thereof" and substitute:

of such association

Section 9(1)(b)

Delete ": Provided" and substitute:

, provided

Section 9(1)(c)

Delete "thereof" first occurring and substitute:

of the property

Section 9(1)(c)

Delete "thereof" second and third occurring

Section 9(1)(e)

Delete "thereof"

Section 10(d)

Delete "thereof" and substitute:

of an illegal lottery

Section 12(1)

Delete "shall" second occurring

Section 12(2)

Delete "shall" and substitute:

will

Section 13

Delete "shall" second occurring and substitute:

will

Section 14

Delete "the provisions of the next preceding section" and substitute:

section 13

Section 14(a) and (b)

Delete the colon at the end of each paragraph and substitute a semicolon

Section 14

Delete "shall" and substitute:

will

Section 14A

Delete "shall not be" and substitute:

is not

Section 14A

Delete "of this Act"

Section 14B(1)(b)

Delete "him" and substitute:

the Minister

Section 14B(2)

Delete "of this section"

Section 14C(1)

Delete "shall" and substitute:

will

Section 14C(2)

Delete "of this section it shall be" and substitute:

, it is

Section 14C(2)

After "he" insert:

or she

Section 14D

After "his" insert:

or her

Section 14D

After "approved" second occurring insert:

,

Section 14D

Delete "shall" and substitute:

will

Section 50(1)

Delete "shall be" and substitute:

are

Section 50(2)

Delete "shall" and substitute:

may

Section 50(2)(b)

Delete "made:" and substitute:

made,

Section 50(2)

Delete "Provided that this section shall" and substitute:

but this section does

Section 50A

Delete "shall" wherever occurring and substitute in each case:

will

Section 50A(3)

Delete "moneys" and substitute:

money

Section 51

Delete "shall be" and substitute:

is

Section 53

Delete "shall" second occurring

Section 54

Delete "No person under the age of eighteen years shall" and substitute:

A person under the age of 18 years must not

Section 55

After "himself" insert:

or herself

Section 55

Delete "shall" second occurring and substitute:

will

Section 57(1)

After "him" insert:

or her

Section 57(1)

Delete "thereof respectively, shall" and substitute:

of such money or thing, will

Section 58(b)

Delete "shall" and substitute:

will

Section 58A

Delete "shall" and substitute:

will

Section 58A

After "by him" insert:

or her

Section 59

Delete "hereby"

Section 59A(3)

Delete "shall" and substitute:

will

Section 61(3)(b)

Delete "the proof of which excuse shall be upon him" and substitute:

and the burden of proof is on the defendant to show lawful excuse

Section 62

Delete "No person shall be in or upon any" and substitute:

A person must not be in a

Section 63(2)

Delete "of this section"

Section 64(2)

Delete "of this section"

Section 69(1)

After "him" insert:

or her

Section 69(2)

Delete "No" and substitute:

A

Section 69(2)

Delete "shall" and substitute:

must not

Section 69(2)

After "he" insert:

or she

Section 69(2)

Delete "thereto" and substitute:

to that place

Section 69(3)

Delete "him" and substitute:

the officer

Section 69(3)

Delete "of this section shall" and substitute:

will

Section 69(3)

Delete "his"

Section 72(a)

Delete "acting in his assistance" and substitute:

assisting the officer

Section 72

Delete "thereof" wherever occurring and substitute in each case:

of the house, room or place

Section 73(1)

Delete "Upon" and substitute:

On

Section 73(1)

Delete "he" and substitute:

the officer

Section 73(1)

Delete "shall" first and second occurring and substitute in each case:

must

Section 73

Delete "him" wherever occurring and substitute in each case:

the officer

Section 73(1)

Delete "shall be deemed a" and substitute:

will be

Section 73(2)

Delete "shall"

Section 73(2)(a)

Delete "thereof or any premises leading thereto" and substitute:

of the place or any premises leading to the place

Section 74(1)(a)

Delete "therein"

Section 74(1)(c)

Before "shareholders" insert:

its

Section 74(1)(c)

Delete "thereof"

Section 74(1)(c)

Delete "so made either" and substitute:

made

Section 74

Delete "shall" wherever occurring and substitute in each case:

will

Section 76

Delete "shall" first occurring and substitute:

may

Section 76

Delete ": Provided that" and substitute:

, but

Section 76

Delete "shall not be" and substitute:

is not

Section 77

Delete "shall" first occurring and substitute:

may

Section 77

Delete ": Provided that" and substitute:

, but

Section 77

Delete "he shall not be" and substitute:

he or she is not

Section 78(2)

Delete "shall" and substitute:

will

Section 78(2)

Delete "thereupon" and substitute:

then

Section 78(3)

Delete "shall" and substitute:

must

Section 78(3)

Delete "he" and substitute:

the occupier

Section 78(4)

Delete "Upon" and substitute:

On

Section 78(4)

Delete "manner aforesaid, he shall" and substitute:

the manner set out in this section, the Registrar‑General must

Section 78(4)

Delete "thereof" and substitute:

of service

Section 79(1)

Delete "he" and substitute:

the occupier

Section 79(2)

Delete "shall" first occurring and substitute:

must

Section 79(2)

Delete "shall operate" and substitute:

operates

Section 79(2)

Delete "the last preceding section" and substitute:

section 78

Section 80(2)

Delete "shall be" and substitute:

remains

Section 81(1)

Delete "Any such declaration may be rescinded by a judge of the Supreme Court, subject to such terms as he thinks fit, on application being made to him" and substitute:

A declaration made under section 80 may be rescinded by a judge of the Supreme Court, subject to terms as the judge thinks fit, on application made

Section 81(1)(a)

After "he" insert:

or she

Section 81(2)

Delete "Where the application is made by the owner, tenant, or occupier as aforesaid" and substitute:

If an application is made by an owner, tenant or occupier under subsection (1)

Section 81(2)

Delete "same shall" and substitute:

application must

Section 81(2)

Delete "two days at least" and substitute:

at least 2 days

Section 81(3)

Delete ": Provided that the Commissioner of Police shall be given notice of any application by such owner, tenant or occupier and shall be entitled to be heard in opposition thereto"

Section 81

After subsection (3) insert:

    (4)

    The Commissioner of Police must be given notice of an application by an owner, tenant or occupier under subsection (3) and is entitled to be heard in opposition to the application.

Section 82(1)

Delete "the same, shall" and substitute:

such declaration, must

Section 82(2)

Delete "shall" and substitute:

will

Section 82(2)

Delete "therein notified"

Section 83(1)

Delete "shall" wherever occurring and substitute in each case:

must

Section 83(1)(a)

Delete "declaration:" and substitute:

declaration; and

Section 83(1)(b)

Delete "aforesaid,"

Section 83(1)(b)

Delete "thereof" and substitute:

of the notice

Section 83(2)

Delete "shall" and substitute:

will

Section 83(2)

Delete "thereon" and substitute:

on that newspaper

Section 84

Delete ", in pursuance of paragraph (a) of the last preceding section, of notice" and substitute:

of a notice under section 83(1)

Section 84

After "him" insert:

or her

Section 84

After "he" wherever occurring insert:

or she

Section 84

Delete ", as aforesaid, for a lawful purpose shall be" and substitute:

for a lawful purpose is

Section 85

Delete "on an owner, in pursuance of paragraph (b) of section 83 of" and substitute:

under section 83(1)(b) on an owner of a

Section 85

Delete "shall, unless he proves that he has taken all reasonable steps to evict the occupier from the same, be" and substitute:

is, unless the owner proves that he or she has taken all reasonable steps to evict the occupier from the house, office, room or place,

Section 86

Delete "on an occupier, in pursuance of paragraph (b) of section 83 of" and substitute:

under section 83(1)(b) on an occupier of a

Section 86

Delete "said occupier shall, unless he proves that he has taken all reasonable steps to prevent such use, be" and substitute:

occupier is, unless the occupier proves that he or she has taken reasonable steps to prevent such use,

Section 87

Delete "While any such declaration" and substitute:

If a declaration under section 83

Section 87(a) to (d) (inclusive)

Delete the colon at the end of each paragraph and substitute a semicolon

Section 87(b)

Delete "he" and substitute:

the officer

Section 87(b)

Delete "same" and substitute:

house, office, room or place

Section 87(c)

Delete "the purpose of entering in pursuance of paragraph (a) or paragraph (b) aforesaid" and substitute:

a purpose set out in paragraph (a) or (b)

Section 87(d)

Delete "any of the purposes aforesaid" and substitute:

a purpose set out in paragraph (a), (b) or (c)

Section 88

Delete "him" and substitute:

the officer

Section 88A

Delete "shall be" and substitute:

is

Section 89

Delete "his" wherever occurring and substitute in each case:

the officer's

Section 89

Delete "thereof" wherever occurring and substitute in each case:

of the house, room, office or place

Section 89(b)

Delete "as aforesaid" and substitute:

under this Act

Section 89

Delete "it shall be evidence, until the contrary is made to appear" and substitute:

it is evidence, unless the contrary is proven

Section 89

Delete "therein were playing an unlawful game therein" and substitute:

in the house, office, room or place were playing an unlawful game

Section 90(1)

Delete "shall" and substitute:

may

Section 90(1)(a) and (b)

Delete the colon at the end of each paragraph and substitute a semicolon

Section 90(1)(b)

Delete "resorting thereto" and substitute:

at the house, office, room or place

Section 90(1)(c)

Delete "thereafter"

Section 90(2)

Delete "aforesaid is hereby declared to be" and substitute:

set out in subsection (1) is

Section 90(3)

Delete "aforesaid" and substitute:

set out in this section

Section 90(4)

Delete "It shall not be" and substitute:

It is not

Section 90(4)

Delete "aforesaid" and substitute:

set out in this section

Section 90(4)

Delete "shall" second occurring and substitute:

must

Section 90(4)

After "he" wherever occurring insert:

or she

Section 92(1)

Delete "No occupier of any" and substitute:

An occupier of a

Section 92(1)

Delete "shall" and substitute:

must not

Section 92(1)

Delete "thereafter"

Section 92(2)

Delete "aforesaid" wherever occurring and substitute in each case:

referred to in subsection (1)

Section 92(3)

Delete "aforesaid" wherever occurring and substitute in each case:

referred to in subsection (1) or (2)

Section 92(3)

Delete "shall" and substitute:

will

Section 92(3)

Delete "thereof" and substitute:

of that money or thing

Section 93(b)

Delete "resort thereto" and substitute:

the house, office, room or place

Section 94

Delete "shall" second and third occurring

Section 94(a) and (b)

Delete the colon at the end of each paragraph and substitute a semicolon

Section 95

Delete "No" and substitute:

A

Section 95

Delete "constable" wherever occurring and substitute in each case:

police officer

Section 95

Delete "him" and substitute:

the officer

Section 95

After "his" insert:

or her

Section 95

Delete "shall" first occurring and substitute:

must not

Section 95

Delete "shall" second occurring

Section 96

Delete "shall extend" and substitute:

extends

Section 96

Delete "in respect of any lawful race, game, sport or exercise, or as part of the prize or stakes therefor" and substitute:

or as part of the prize or stakes in respect of, any lawful race, game, sport or exercise

Section 97

After "his" insert:

or her

Section 97

Delete "shall" wherever occurring and substitute in each case:

will

Section 97

Delete "the member" wherever occurring and substitute in each case:

the officer

Section 97

Delete "in pursuance or attempted pursuance thereof" and substitute:

in accordance with or attempts to act in accordance with the order or instructions,

Section 97

Delete "such members" and substitute:

such officers

Section 99(a)

Delete "complaint:" and substitute:

complaint; or

Section 99(b)

Delete "therein specified" and substitute:

specified in the complaint

Section 99(b)

Delete "therein mentioned" and substitute:

mentioned in the complaint

Section 99

Delete "shall" and substitute:

will

Section 100

Delete "shall" and substitute:

will

Section 102

Delete "shall" wherever occurring and substitute in each case:

will

Section 102(1)

After "him" insert:

or her

Section 102(1)

Delete "thereof" and substitute:

of the ticket or thing

Section 103

Delete "therein" and substitute:

in that place

Section 103

Delete "Court" and substitute:

court

Section 103

Delete "shall" and substitute:

will

Section 104

After "his" insert:

or her

Section 104

Delete "as aforesaid shall be deemed" and substitute:

will be

Section 104

Delete "against him"

Section 105(1)

Delete "against him"

Section 105(1)

Delete "shall be deemed to" and substitute:

will

Section 105(2)

Delete "shall" wherever occurring and substitute in each case:

do

Section 105(2)

Delete "of this Act"

Section 106

Delete "of this Act"

Section 106

Delete "shall" and substitute:

will

Section 107

Delete "shall" and substitute:

will

Section 108

Delete "Court" and substitute:

court

Section 108A

Delete "shall" and substitute:

will

Section 112(1)

Delete "shall be held" and substitute:

is

Section 112(1)

After "he" insert:

or she

Section 112(2)

Delete "shall" and substitute:

will

Section 112(3)

Delete "shall" and substitute:

may

Section 115(1)

Delete "officer of the police force" and substitute:

police officer

Section 115(1)(a)

Delete "Licensing Act 1967, as amended," and substitute:

Liquor Licensing Act 1997

Section 115(1)(d)

Delete "thereof" and substitute:

of the building or place

Section 115(2)(a)

Delete "such officer or member" and substitute:

the police officer

Section 115(2)(b)

Delete "shall be" and substitute:

are

Section 115(3)

Delete "of this section"

Section 115(3)

Delete "such member" and substitute:

the police officer

Section 115(3)

Delete "as in the subsection mentioned"

Section 116

Delete "shall apply" and substitute:

applies

Section 118

Delete the section

Schedule 2

Delete the Schedule

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