South Australian Numbered Acts

GAMBLING ADMINISTRATION ACT 2019 (NO 42 OF 2019) - SECT 44

44—Barring orders

        (1)         The Commissioner may make a barring order in relation to a person—

            (a)         at the request of that person; or

            (b)         if—

                  (i)         there is a reasonable apprehension that the person is at risk of harm, or is at risk of causing harm to a family member of the person, because of gambling; and

                  (ii)         the Commissioner is satisfied that the making of the order is appropriate in the circumstances.

        (2)         A gambling provider may make a barring order in relation to a person—

            (a)         at the request of that person; or

            (b)         if—

                  (i)         the person is behaving in a manner that indicates that the person is at risk of harm, or is at risk of causing harm to a family member of the person, because of gambling; and

                  (ii)         the gambling provider is satisfied that the making of the order is appropriate in the circumstances.

        (3)         If no decision is made within 14 days after the making of a request by a person under subsection (1)(a) or (2)(a), the Commissioner or the gambling provider (as the case may be) will be taken, for the purposes of this Part, to have made a decision to refuse the request.

        (4)         A barring order made under this section—

            (a)         must be in a form determined by the Commissioner; and

            (b)         may relate to—

                  (i)         the premises of 1 gambling provider; or

                  (ii)         the premises of several gambling providers up to a number of premises determined by the Commissioner; or

                  (iii)         premises of a class determined by the Commissioner; and

            (c)         may be made for a period specified in the order or for an unlimited period; and

            (d)         subject to this Part, remains in force during the period specified in the order.

        (5)         To avoid doubt, a barring order made in relation to premises may relate to parts of the premises where gambling activities are not undertaken (provided that the order also relates to parts of the premises where gambling activities are or may be undertaken).

        (6)         A barring order made at the request of the barred person may specify a minimum period during which the order must remain in force being—

            (a)         in the case of an order made by the Commissioner—not greater than 12 months; and

            (b)         in any other case—not greater than 3 months.

        (7)         If a gambling provider makes a barring order or receives a request to make a barring order, the provider must—

            (a)         make a record of the order or request in a manner and containing the particulars required by the Commissioner; and

            (b)         within 7 days after making the order or making a decision to refuse the request, notify the Commissioner of the order or decision (in a manner, and containing the particulars, required by the Commissioner).

Maximum penalty: $2 500.