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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Gambling Measures)
Bill 2015
A BILL FOR
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
.
Contents
Part 2—Amendment of Gaming Machines
Act 1992
4Amendment of section 15—Eligibility
criteria
5Amendment of section 18—Form of
application
6Amendment to heading to Part 4AA
8Amendment of section 45—Offence of being
unlicensed
9Amendment of section 51A—Cash facilities
not to be provided within gaming areas
10Amendment of Schedule 1—Gaming machine
licence conditions
Part 3—Amendment of Independent
Gambling Authority Act 1995
13Amendment of section
11B—Delegation
14Amendment of section 14—Powers and
procedures of Authority
15Amendment of section 15I—Powers to
remove etc
16Amendment of section
17—Confidentiality
Part 4—Amendment of Lottery and
Gaming Act 1936
17Amendment of section
4—Interpretation
18Amendment of section 61—Unlawful gaming
and playing of unlawful games
Part 5—Amendment of Problem Gambling
Family Protection Orders Act 2004
20Amendment of section
3—Interpretation
22Amendment of section 18—Report to
Parliament
Schedule 1—Statute law revision
amendments of Lottery and Gaming Act 1936
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Gambling Measures)
Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
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 Gaming Machines
Act 1992
4—Amendment
of section 15—Eligibility criteria
Section 15(5)(a)(ii)—delete subparagraph (ii)
5—Amendment
of section 18—Form of application
Section 18(4)—delete "and the layout of the machines within each
gaming area"
6—Amendment
to heading to Part 4AA
Heading to Part 4AA—delete "Prohibition notices—gaming" and
substitute:
Gaming
Before section 44AA insert:
44AAA—Commissioner may notify Commissioner of
Police of appointment of gaming managers and gaming
employees
(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) As soon as reasonably practicable following receipt of a notification
under
subsection (1)
, the Commissioner of Police—
(a) must make available to the Commissioner information about any criminal
convictions of the gaming manager or gaming employee; and
(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.
8—Amendment
of section 45—Offence of being unlicensed
Section 45—after paragraph (a) insert:
(ab) purchase, or enter into a contract or agreement to purchase, a gaming
machine; or
9—Amendment
of section 51A—Cash facilities not to be provided within gaming
areas
Section 51A(1)—after "cash facility" insert:
other than an EFTPOS facility
10—Amendment
of Schedule 1—Gaming machine licence conditions
Schedule 1, paragraph (e)—delete paragraph (e)
Part 3—Amendment
of Independent Gambling Authority
Act 1995
Long title—delete "Gaming Supervisory Authority" and
substitute:
Independent Gambling Authority
Section 10—delete the section and substitute:
10—Staff
(1) The Authority's staff consists of Public Service employees assigned to
assist the Authority in the exercise of its functions.
(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.
13—Amendment
of section 11B—Delegation
(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) Section 11B(2)—delete "to the Secretary of the
Authority"
(3) Section 11B(3)—after paragraph (c) insert:
and
(d) may, if the instrument of delegation so provides, be further
delegated.
14—Amendment
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
15—Amendment
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
16—Amendment
of section 17—Confidentiality
Section 17—after subsection (2) insert:
(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—
(a) to another authorised person; or
(b) to the Commissioner or the Authority; or
(c) as permitted by the person in whose favour the duty of confidentiality
exists; or
(d) as is otherwise necessary for the proper administration of this Act or
a prescribed Act; or
(e) as required by law.
Maximum penalty: $10 000.
Part 4—Amendment
of Lottery and Gaming
Act 1936
17—Amendment
of section 4—Interpretation
(1) Section 4, definition of unlawful gaming—after
paragraph (a) insert:
(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) Section 4, definition of unlawful gaming,
(b)—delete "hereinbefore defined" and substitute:
defined in paragraphs (a) and (ab)
18—Amendment
of section 61—Unlawful gaming and playing of unlawful
games
Section 61—after subsection (3) insert:
(4) A person must not organise or promote unlawful gaming.
Maximum penalty: $2 500.
After section 116 insert:
117—Delegation
(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) A delegation—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delgator to act in a matter;
and
(d) is revocable at will by the delegator.
(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 5—Amendment
of Problem Gambling Family Protection Orders
Act 2004
20—Amendment
of section 3—Interpretation
Section 3(1), definition of Secretary—delete the
definition
21—Amendment
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
22—Amendment
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: |
|
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: |
|
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