South Australia

Statutes Amendment (Investigation and Regulation of Gambling Licensees) Bill 2003

A Bill For

An Act to amend the Authorised Betting Operations Act 2000 and the Casino Act 1997.

Contents

Part 1—Preliminary

1 Short title

2 Amendment provisions

Part 2—Amendment of Authorised Betting Operations Act 2000

3 Amendment of section 25—Costs of investigation

4 Substitution of section 26

5 Insertion of Part 2 Division 10

Part 3—Amendment of Casino Act 1997

6 Amendment of section 22—Investigations

7 Amendment of section 24—Results of investigation

8 Amendment of section 25—Costs of investigation

9 Insertion of Part 5 Division 3

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Investigation and Regulation of Gambling Licensees) Act 2003.

2—Amendment provisions

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

Part 2—Amendment of Authorised Betting Operations Act 2000

3—Amendment of section 25—Costs of investigation

(1) Section 25(1)—delete subsection (1) and substitute:

(1) Where the Authority carries out an investigation under this Part, the Authority must require—

(a) in the case of an investigation in connection with an application—the applicant; or

(b) in the case of an investigation in connection with review of the continued suitability of the licensee or the licensee's close associates—the licensee,

to meet the cost of the investigation.

(2) Section 25(2)—after "applicant" insert:

or licensee

(3) Section 25(3)—after "made" insert:

by an applicant

(4) Section 25(4)—after "applicant" insert:

or licensee

4—Substitution of section 26

Section 26—delete the section and substitute:

26—Results of investigation

Where the Authority carries out an investigation under this Part, the Authority must notify—

(a) the Minister; and

(b) —

(i) in the case of an investigation in connection with an application—the applicant; or

(ii) in the case of an investigation in connection with review of the continued suitability of the licensee or the licensee's close associates—the licensee,

of the results of the investigation.

5—Insertion of Part 2 Division 10

Part 2—after Division 9 insert:

Division 10—Recovery of administration costs

33A—Commissioner to recover administration costs

(1) The Commissioner must, not less than 1 month before the commencement of each financial year, provide the licensee with a written estimate of the total amount of administration costs to be incurred during that financial year.

(2) The licensee must, in each month of that financial year, pay to the Commissioner one-twelfth of the amount specified in the estimate.

(3) The Commissioner must, within 1 month of the end of each financial year, determine the total amount of administration costs incurred during that year and provide the licensee with a certified account for that amount.

(4) If the total amount of administration costs incurred during a particular financial year is less than the amount specified in the estimate provided under subsection (1) in respect of that year, and an overpayment has been made by the licensee, the Commissioner must, within 1 month of making the determination under subsection (3), refund the amount of the overpayment to the licensee.

(5) If the total amount of administration costs incurred during a particular financial year is greater than the amount specified in the estimate provided under subsection (1) in respect of that year, and the total amount specified in the certified account has not been paid, the licensee must, within 1 month of receiving the certified account, pay the balance owing to the Commissioner.

(6) If the whole or a part of an amount payable by the licensee under this section is not paid to the Commissioner as required, the amount unpaid may be recovered from the licensee as a debt due to the State.

(7) In proceedings for recovery of administration costs, the Commissioner's certificate is to be regarded as conclusive evidence of those costs.

(8) In this section—

administration costs means the costs of administering this Act arising out of, or in connection with, the carrying out of the Commissioner's administrative and regulatory functions in respect of the licensee.

33B—Recovery of administration costs incurred before 1 July 2004

(1) The Commissioner must, not less than 1 month following the day on which this section comes into operation, provide the licensee with a written estimate of the total amount of administration costs to be incurred during the relevant period.

(2) The licensee must, in each whole month of the relevant period following the issue of the estimate, pay to the Commissioner an amount determined by the Commissioner (but the total amount required to be paid by the licensee under this subsection must not exceed the amount specified in the estimate).

(3) The Commissioner must, within 1 month of 30 June 2004, determine the total amount of administration costs incurred during the relevant period and provide the licensee with a certified account for that amount.

(4) If the total amount of administration costs incurred during the relevant period is less than the amount specified in the estimate provided under subsection (1), and an overpayment has been made by the licensee, the Commissioner must, within 1 month of making the determination under subsection (3), refund the amount of the overpayment to the licensee.

(5) If the total amount of administration costs incurred during the relevant period is greater than the amount specified in the estimate provided under subsection (1), and the total amount specified in the certified account has not been paid, the licensee must, within 1 month of receiving the certified account, pay the balance owing to the Commissioner.

(6) If the whole or a part of an amount payable by the licensee under this section is not paid to the Commissioner as required, the amount unpaid may be recovered from the licensee as a debt due to the State.

(7) In proceedings for recovery of administration costs, the Commissioner's certificate is to be regarded as conclusive evidence of those costs.

(8) In this section—

administration costs has the same meaning as in section 33A;

relevant period means the period commencing on the day on which this section comes into operation and ending on 30 June 2004.

(9) This section will expire on 31 December 2004.

Part 3—Amendment of Casino Act 1997

6—Amendment of section 22—Investigations

Section 22—delete subsection (2) and substitute:

(2) The Authority must keep under review the continued suitability of the licensee and the licensee's close associates, and carry out the investigations it considers necessary for that purpose.

(3) The Authority may obtain from the Commissioner of Police such reports on persons as it considers necessary for the purposes of investigations and must, for the purposes of an investigation into an application under this Part, obtain from the Commissioner of Police a report on anyone whose suitability to be concerned in or associated with the management and operation of the casino is to be assessed by the Authority.

7—Amendment of section 24—Results of investigation

Section 24(1)—delete subsection (1) and substitute:

(1) Where the Authority carries out an investigation under this Part, the Authority must notify—

(a) the Minister; and

(b) —

(i) in the case of an investigation in connection with an application—the applicant; or

(ii) in the case of an investigation in connection with review of the continued suitability of the licensee or the licensee's close associates—the licensee,

of the results of the investigation.

8—Amendment of section 25—Costs of investigation

(1) Section 25(1)—delete subsection (1) and substitute:

(1) Where the Authority carries out an investigation under this Part, the Authority must require—

(a) in the case of an investigation in connection with an application—the applicant; or

(b) in the case of an investigation in connection with review of the continued suitability of the licensee or the licensee's close associates—the licensee,

to meet the costs of the investigation.

(2) Section 25(2)—after "applicant" insert:

or licensee

(3) Section 25(3)—after "made" insert:

by an applicant

(4) Section 25(4)—after "applicant" insert:

or licensee

9—Insertion of Part 5 Division 3

Part 5—after Division 2 insert:

Division 3—Recovery of administration costs

52A—Commissioner to recover administration costs

(1) The Commissioner must, not less than 1 month before the commencement of each financial year, provide the licensee with a written estimate of the total amount of administration costs to be incurred during that financial year.

(2) The licensee must, in each month of that financial year, pay to the Commissioner one-twelfth of the amount specified in the estimate.

(3) The Commissioner must, within 1 month of the end of each financial year, determine the total amount of administration costs incurred for that year and provide the licensee with a certified account for that amount.

(4) If the total amount of administration costs incurred during a particular financial year is less than the amount specified in the estimate provided under subsection (1) in respect of that year, and an overpayment has been made by the licensee, the Commissioner must, within 1 month of making the determination under subsection (3), refund the amount of the overpayment to the licensee.

(5) If the total amount of administration costs incurred during a particular financial year is greater than the amount specified in the estimate provided under subsection (1) in respect of that year, and the total amount specified in the certified account has not been paid, the licensee must, within 1 month of receiving the certified account, pay the balance owing to the Commissioner.

(6) If the whole or a part of an amount payable by the licensee under this section is not paid to the Commissioner as required, the amount unpaid may be recovered from the licensee as a debt due to the State.

(7) In proceedings for recovery of administration costs, the Commissioner's certificate is to be regarded as conclusive evidence of those costs.

(8) In this section—

administration costs means the costs of administering this Act arising out of, or in connection with, the carrying out of the Commissioner's administrative and regulatory functions in respect of the licensee.

52B—Recovery of administration costs incurred before 1 July 2004

(1) The Commissioner must, not less than 1 month following the day on which this section comes into operation, provide the licensee with a written estimate of the total amount of administration costs to be incurred during the relevant period.

(2) The licensee must, in each whole month of the relevant period following the issue of the estimate, pay to the Commissioner an amount determined by the Commissioner (but the total amount required to be paid by the licensee under this subsection must not exceed the amount specified in the estimate).

(3) The Commissioner must, within 1 month of 30 June 2004, determine the total amount of administration costs incurred during the relevant period and provide the licensee with a certified account for that amount.

(4) If the total amount of administration costs incurred during the relevant period is less than the amount specified in the estimate provided under subsection (1), and an overpayment has been made by the licensee, the Commissioner must, within 1 month of making the determination under subsection (3), refund the amount of the overpayment to the licensee.

(5) If the total amount of administration costs incurred during the relevant period is greater than the amount specified in the estimate provided under subsection (1), and the total amount specified in the certified account has not been paid, the licensee must, within 1 month of receiving the certified account, pay the balance owing to the Commissioner.

(6) If the whole or a part of an amount payable by the licensee under this section is not paid to the Commissioner as required, the amount unpaid may be recovered from the licensee as a debt due to the State.

(7) In proceedings for recovery of administration costs, the Commissioner's certificate is to be regarded as conclusive evidence of those costs.

(8) In this section—

administration costs has the same meaning as in section 52A;

relevant period means the period commencing on the day on which this section comes into operation and ending on 30 June 2004.

(9) This section will expire on 31 December 2004.