South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"advertising code of practice"—means an advertising code of practice
prescribed under the Gambling Administration Act 2019 ;
"approved" means approved by the Commissioner under this Act;
"approved game" means a game of a class approved by the Commissioner for the
purposes of this Act;
"approved gaming machine" means a gaming machine of a class approved by the
Commissioner for the purposes of this Act;
"approved gaming machine technician" means a person approved under Part 4 as a
gaming machine technician for the holder of a gaming machine service licence;
"authorised person", in relation to premises to which a gaming machine licence
relates, means—
(a) the
licensee; or
(b) a
responsible person for the licensed premises; or
(c) a
gaming manager or gaming employee for the licensed premises; or
(d) an
inspector; or
(e) a
police officer; or
(f) a
person who holds a security agents licence that authorises the person to
perform the function of controlling crowds in licensed premises under the
Security and Investigation Industry Act 1995 ;
"beneficiary" includes an object of a discretionary trust;
"cash facility" means—
(a) an
automatic teller machine; or
(b) an
EFTPOS facility; or
(c) any
other facility, prescribed by the regulations, that enables a person to gain
access to his or her funds or to credit;
"cashless gaming system" means a system that enables the storage of monetary
value for use in operating a gaming machine;
"casino" means the casino operated in accordance with the Casino Act 1997
;
"casino licence" has the same meaning as in the Casino Act 1997 ;
"casino premises" has the same meaning as in the Casino Act 1997 ;
"club licence" means a club licence under the Liquor Licensing Act 1997
;
"Club One" means the body holding the special club licence (see
section 24A);
"Commissioner" has the same meaning as in the Gambling Administration
Act 2019 ;
"community impact assessment guidelines"—see section 17B;
"the Court" means the Licensing Court of South Australia;
"designated application"—see section 17A;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"gambling administration guidelines" means the gambling
administration guidelines issued by the Commissioner under the Gambling
Administration Act 2019 ;
"game" means any game software for use with a gaming machine;
"gaming area" means that part of licensed premises that is delineated under a
gaming machine licence as the area within which gaming machines may be
operated pursuant to the licence;
"gaming employee" means a person who is appointed by the holder of a
gaming machine licence as a gaming employee in respect of gaming operations
conducted on licensed premises;
"gaming machine" means a device (whether wholly or partly mechanically or
electronically operated) that is designed so that—
(a) it
may be used for the purposes of playing a game of chance, or a mixed game of
chance and skill; and
(b) it
may be operated wholly or partly by—
(i)
inserting a token, coin or banknote into the device; or
(ii)
electronically transferring credits or tokens to the
device; or
(iii)
using credits or tokens in the device (whether those
credits or tokens are held, stored or accredited by the device or elsewhere);
and
(c)
because of making a bet on the device, winnings or other rewards may become
payable;
"gaming machine entitlement" means an entitlement to operate 1 gaming
machine under a gaming machine licence or the casino licence;
"gaming manager" means—
(a) a
natural person who is the holder of a gaming machine licence; or
(b) a
person who is appointed by the holder of a gaming machine licence as a
gaming manager in respect of gaming operations conducted on licensed premises;
"general and hotel licence" means a general and hotel licence under the
Liquor Licensing Act 1997 ;
"inspector" means a person appointed as an inspector for the purposes of
this Act under the Gambling Administration Act 2019 ;
"licence" means a licence under this Act;
"licensed person", "licensee" or "holder of a licence includes—
(a) the
holder of a temporary licence; and
(b) a
person authorised under this Act to carry on the business of a licensee; and
(c) if a
licence is held by a trustee—the trust;
"linked jackpot equipment" means any fitting or device to be used for, or in
connection with, the linking of two or more gaming machines for the purpose
only of recording all or part of the winnings from each of those machines;
"liquor licence" means a general and hotel licence, an on premises licence or
a club licence;
"monitoring system" means the approved computer system referred to in
section 14(1)(d);
"non-profit association" means incorporated association or some other kind of
body corporate as to which the Commissioner is satisfied that profits cannot
be returned to members or shareholders;
"officer"—an officer—
(a) in
relation to a body corporate—means a director or a member of the
governing body of the body corporate;
(b) in
relation to a trust—means a trustee;
"on premises licence" means an on premises licence under the
Liquor Licensing Act 1997 ;
"prescribed gaming machine component" means a component of a gaming machine of
a class prescribed by the regulations for the purposes of this definition;
"responsible gambling agreement" means an agreement approved under
section 40C(2) between the holder of a gaming machine licence and an
industry body approved under section 40C(1);
"responsible gambling code of practice" means a responsible
gambling code of practice prescribed under the Gambling Administration
Act 2019 ;
"responsible person" for licensed premises means a person who is, in
accordance with section 97 of the Liquor Licensing Act 1997 , responsible
for supervising and managing the business conducted under the liquor licence
in respect of the licensed premises;
"spouse"—a person is the spouse of another if they are legally married;
"trust"—a trust is considered for the purposes of this Act as a single
entity consisting of the trustees and the beneficiaries;
"trust or corporate entity" means a trust or a body corporate;
"variation of licence" means variation or revocation of conditions of licence
or imposition of further conditions of licence.
(2) A person occupies
a position of authority in a trust or corporate entity if the person—
(a) in
the case of a body corporate—
(i)
is a director or a member of the governing body of the
body corporate;
(ii)
exercises, or is in a position to exercise, control or
substantial influence over the body corporate in the conduct of its affairs;
(iii)
manages, or is to manage, the undertaking to be carried
out under a licence;
(iv)
if the body corporate is a proprietary company—is a
shareholder in the body corporate; or
(b) in
the case of a trust—is a trustee or beneficiary of the trust.
(3) However—
(a) a
minor who is a shareholder in a proprietary company, or a beneficiary under a
trust, is not for that reason to be regarded as a person occupying a position
of authority; and
(b) a
charitable organisation that is a beneficiary of a trust is not for that
reason to be regarded as a person occupying a position of authority.
(4) For the avoidance
of doubt, a person may be appointed by a licensee as a gaming manager or
gaming employee, or carry out duties as a gaming manager or gaming employee in
particular licensed premises, whether the person is an employee (of the
licensee or of some other person) or is a volunteer.