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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Location of Gaming Venues)
Bill 2007
A BILL FOR
An Act to amend the Development Act 1993; and the Gaming
Machines Act 1992.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Development
Act 1993
3 Insertion of section
37B
37B Proposed development adjacent to gaming
venue
Part 3—Amendment of Gaming Machines
Act 1992
4 Amendment of section 15A—Special provisions
relating to location of gaming venues
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Location of Gaming
Venues) Act 2007.
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 Development
Act 1993
After section 37A insert:
37B—Proposed development adjacent to gaming
venue
(1) Despite any other provision of this Act, development authorisation may
not be granted in relation to a prescribed development proposed to be undertaken
on land that is adjacent land in relation to a gaming venue.
(2) Subsection (1) applies only in respect of an application for
consent made after the commencement of that subsection (and any development
authorisation granted in relation to such an application will be taken to be
void and of no effect).
(3) In this section—
gaming venue means licensed premises under the Gaming
Machines Act 1992;
prescribed development means—
(a) a school, preschool or childcare centre; or
(b) a shopping complex;
shop means a shop at which goods are sold to the public by
retail;
shopping centre means a cluster of premises
where—
(a) at least 1 of the premises is a shop; and
(b) the premises are located in the 1 building or in 2 or more buildings
that are adjoining or are separated only by the grounds of the centre;
and
(c) the cluster of premises is likely to be promoted as, or likely to be
generally regarded as constituting, a shopping centre, shopping mall, shopping
court or shopping arcade;
shopping complex means a shop, or shopping centre, together
with all parking and other areas adjacent and ancillary to, and intended
primarily for the use of persons attending, the shop or shopping
centre.
Part 3—Amendment
of Gaming Machines
Act 1992
4—Amendment of
section 15A—Special provisions relating to location of gaming
venues
(1) Section 15A(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) Despite any other provision of this Act, the Commissioner cannot grant
an application for a gaming machine licence in respect of licensed premises, or
grant any other application under this Act in respect of licensed premises that
are subject to a gaming machine licence, if to do so would result in the
licensed premises, or the whole or part of a gaming area of the licensed
premises, being located on land that is adjacent land in relation to a
prescribed development.
.(2) Subsection (1) applies only in respect of an application made
after the commencement of that subsection (and any grant by the Commissioner of
such an application will be taken to be void and of no effect).
(2) Section 15A(5)—before the definition of shop
insert:
adjacent land in relation to other land, means
land—
(a) that abuts on the other land; or
(b) that is no more than 60 metres from the other land and is directly
separated from the other land only by—
(i) a road, street, footpath, railway or thoroughfare; or
(ii) a watercourse; or
(iii) a reserve or other similar open space;
prescribed development means—
(a) a school, preschool or childcare centre; or
(b) a shopping complex;