Gaming Machines Act 1992 (SA)

South Australia Gaming Machines Act 1992 An Act to provide for and regulate the supply and operation of gaming machines; and for other purposes.

Contents Part 1—Preliminary 1 Short title 2 Objects 3 Interpretation 3A Interaction with Gambling Administration Act 2019 4 Application of Act 4A Provisions governing whether person is fit and proper Part 3—Licences Division 1—Classes of licence 14 Licence classes Division 2—Special provisions relating to gaming machine licences 15 Eligibility criteria 15A Gaming venues not to be located under same roof as shops or within shopping complexes 16 Number of gaming machines to be operated under licence 17 Plurality of licences 17A Commissioner to be satisfied that designated application is in community interest 17B Community impact assessment guidelines 17C Certificate of approval for proposed premises Division 3—Applications, criteria and licence conditions 18 Requirements for licence application 19 Certain criteria must be satisfied by all applicants 21 Special criteria for gaming machine monitor licence 22 Holder of monitor licence cannot hold other licences 23 Minors not to hold licence etc 24 Discretion to refuse application 24A Special club licence 25 Independent Gaming Corporation 26A How licences are to be held 27 Conditions 27AA Variation of licence Division 3A—Gaming machine entitlements 27AAB Gaming machine entitlements in respect of casino 27AAC Application of Division to casino 27A Gaming machine entitlements 27B Transferability of gaming machine entitlements 27C Premises to which gaming machine entitlements relate 27CA Forfeiture and cancellation of gaming machine entitlements 27D Effect of this Division on obligations under a lease or mortgage 27E Statement of Parliamentary intention to reduce gaming machine numbers etc Division 3B—Removal etc of gaming machine licence 27F Removal of gaming machine licence 27G Commissioner may determine application is a designated application Division 3C—Provisions relating to clubs 27H Dealing with gaming machine licence on amalgamation of clubs 27I Transfer of gaming machine licences and gaming machine entitlements 27J Commissioner may determine application is a designated application 27K Provisions relating to premises held under a lease Division 4—Transfer of licences 28 Certain licenses only are transferable 28AAB Discretion to grant or refuse application under section 28 Division 4A—Devolution of licensee's rights 28B Devolution of licensee's rights 28C Bankruptcy or winding up of licensee 28D Notice to be given of exercise of powers under Division Division 5—Intervention by Commissioner of Police 31 Intervention by Commissioner of Police Division 6—Suspension, revocation and surrender of licences and certificates 32 Voluntary suspension 32A Surrender or revocation of certificate of approval 33 Surrender 34 Effect of surrender, suspension or revocation of liquor licence 34A Suspension or revocation of licence by Commissioner 35 Cessation of gaming machine monitor licence Part 4—Approvals 38 Commissioner may approve persons in authority 38B Commissioner may approve gaming machine technicians 39 Approval of form of supply contract 40 Approval of gaming machines and games 40A Commissioner may approve certain systems to be operated in connection with gaming machines 40B Commissioner may approve training courses to be undertaken by gaming managers or gaming employees 40C Approvals in relation to responsible gambling agreements 40D Commissioner may approve facial recognition system 41 Commissioner may approve gaming tokens and gaming token manufacturers 42 Discretion to grant or refuse approval 44 Revocation of approval Part 4AA—Gaming managers and gaming employees 44AAA Commissioner may notify Commissioner of Police of appointment of gaming managers and gaming employees 44AA Commissioner may give prohibition notice Part 4A—Special provisions relating to licensed dealers 44A Prohibition of links between dealers and other licensees Part 4B—Applications and submissions Division 1—Applications 44B Form of application 44C Applications to be given to Commissioner of Police 44D Notice of certain applications to be given 44E Commissioner may consider applications concurrently Division 2—Submissions in relation to applications 44F Commissioner of Police may make written submissions 44G General right to make written submissions 44H Further written submissions 44I Conciliation 44J Commissioner may refer matters to Court 44K Hearings etc 44L Variation of written submissions Part 5—Offences Division 1—Offences relating to licences and employment 45 Offence of being unlicensed 46 Offence of breach of licence conditions 46A Licensee to notify change of particulars 47A Offence of selling or supplying games, gaming machines or components without approved contract or with inducement 48 Offences relating to management or positions of authority 49 Offences related to carrying out duties in gaming areas 50 Offence related to personal performance of work on games and gaming machines 50A Gaming managers and employees must carry identification 51 Persons who may not operate gaming machines Division 2—Offences relating to conduct of gaming operations 51A Cash facilities not to be provided within gaming areas 51B Cash facilities limitations 52 Prohibition of lending or extension of credit 53 Prohibition of linked jackpots 53A Prohibition of certain gaming machine facilities 53B Commissioner's directions to ensure security of gaming machines Division 3—Offences relating to minors 55 Minors must not be employed in gaming operations 56 Minors not permitted in gaming areas 58 Powers in relation to minors in gaming areas Division 5—Offences relating to cheating etc 62 Interference with machines or games 63 Interference devices 64 Sealing of gaming machines 65 Removal of gaming tokens 66 Machines not to be operated in certain circumstances 67 Power to remove offenders Division 6—Offences relating to profit sharing etc 68 Certain profit sharing etc is prohibited Part 8—Gaming tax 72 Interpretation 72A Gaming tax 72B Recovery of tax 73 Accounts and monthly returns 73A Sport and Recreation Fund 73B Charitable and Social Welfare Fund 73BA Gamblers Rehabilitation Fund 73C Community Development Fund 73D Funding agreements Part 9—Miscellaneous 75 Audit requirements for gaming machine monitor licence 76 Power to refuse to pay winnings 76AA Unclaimed winnings 76A Financing of licensee's business 77 Certain agreements and arrangements are unlawful 78 False or misleading statements 79 Bribery 81 Liability of licensed dealer for acts of agent 84 Prosecution of summary offences 85 Vicarious liability 86 Evidentiary provision 86A Commissioner to recover administration costs 87 Regulations 88 Exclusion of compensation Schedule 1—Gaming machine licence conditions Schedule 2—Gaming machine monitor licence conditions Legislative history