South Australian Numbered Acts South Australian Numbered Acts10—Insertion of sections 10A and 10B
Before section 11 insert:
10A—Principles, codes of practice, etc
(1) For the purposes of this Act, the Authority may, by notice in the Gazette, prescribe—
(a) an inquiry process that must precede an application for a social effect certificate or, if required by the Commissioner, a variation of a gaming machine licence (a "social effect inquiry"); and
(b) principles for assessing the social effect of the grant or variation of a gaming machine licence ("social effect principles"); and
(c) principles for assessing whether a game is likely to lead to an exacerbation of problem gambling; and
(d) an advertising code of practice; and
(e) a responsible gambling code of practice; and
(f) the form of a responsible gambling agreement.
(2) Without limiting the generality of subsection (1)(e), the responsible gambling code of practice may—
(a) require the display of signs, and the provision of information at licensed premises relating to responsible gambling and the availability of services to address problems associated with gambling; and
(b) require gaming machine licensees to have a program for early intervention in problem gambling designed to promote—
(i) early identification of persons engaging in problem gambling, including through observation of the attendance patterns, behaviour and statements of gamblers; and
(ii) the provision of information relating to responsible gambling and the availability of services to address problems associated with gambling to persons so identified; and
(iii) the use of the barring procedures under this Act in relation to persons so identified; and
(iv) the referral of persons so identified to the Department within the meaning of the Problem Gambling Family Protection Orders Act 2004 ; and
(c) deal with the provision of training to staff relating to the early intervention program and generally to responsible gambling on gaming machines and the services available to address problems associated with gambling; and
(d) include other matters designed to reduce the incidence of problem gambling.
(3) The Authority may include provisions in the advertising code of practice or the responsible gambling code of practice that—
(a) designate a provision of the code as a mandatory provision for the purposes of section 47; and
(b) declare whether contravention or failure to comply with the mandatory provision is a category A, B, C or D offence for the purposes of that section; and
(c) if the offence is to be expiable—declare whether the offence is a category A, B, C or D expiable offence for the purposes of that section.
(4) The Authority may, by subsequent notice in the Gazette, vary or revoke a notice under this section.
(5) Before the Authority publishes a notice in the Gazette under this section, the Authority must—
(a) give notice in writing of the proposed notice to a body representative of licensees; and
(b) consider any representations made by the body about the proposed notice within 28 days after the notice is given or a longer period allowed in the notice.
(6) A notice published in the Gazette under this section may come into operation on the day on which it is published or on a later day or days specified in the notice.
(7) Sections 10 and 10A of the Subordinate Legislation Act 1978 apply to a notice published in the Gazette under this section as if it were a regulation within the meaning of that Act.
(8) The Authority must review the process, principles, codes and form prescribed under this section at least every 5 years.
(9) The Authority must seek and consider written submissions from a body representative of gaming machine licensees and from the public when conducting a review.
10B—Recognitions
(1) For the purposes of this Act, the Authority may, by notice in the Gazette, recognise—
(a) a person as an industry body with whom a licensee may enter into a responsible gambling agreement; and
(b) a course of training as advanced problem gambling intervention training.
(2) The Authority may, by subsequent notice in the Gazette, withdraw a recognition under this section.
(3) Before the Authority publishes a notice in the Gazette under this section, the Authority must—
(a) give notice in writing of the proposed notice to a body representative of licensees; and
(b) consider any representations made by the body about the proposed notice within 28 days after the notice is given or a longer period allowed in the notice.
(4) If the Authority—
(a) refuses to recognise a person or a course under this section; or
(b) withdraws a recognition of a person or a course under this section,
the person or the provider of the course may apply to the Minister for a review of that decision.
(5) The Minister may determine the application as the Minister thinks fit and, if the Minister finds in favour of the applicant, grant or preserve the recognition (as appropriate) and require the Authority to publish a notice in the Gazette accordingly.