South Australian Numbered Acts South Australian Numbered Acts13—Amendment of section 15—Eligibility criteria
Section 15(4) and (5)—delete subsections (4) and (5) and substitute:
(4) A gaming machine licence will not be granted unless the applicant for the licence held a social effect certificate for the site of the premises in respect of which the licence is sought at the time of making the application for the licence.
(5) A gaming machine licence will not be granted unless—
(a) the applicant for the licence satisfies the Commissioner, by such evidence as the Commissioner may require—
(i) that the proposed gaming area, or gaming areas, within the premises in respect of which the licence is sought is or are suitable for the purpose; and
(ii) that the proposed layout of gaming machines in a gaming area is suitable for the proper conduct of gaming operations within the area; and
(iii) that the arrangements proposed for the security of the premises, each gaming area and the gaming machines, and of the gaming operations generally, are adequate; and
(iv) that the conduct of the proposed gaming operations on the premises would be unlikely to result in undue offence, annoyance, disturbance or inconvenience to those who reside, work or worship in the vicinity of the premises; and
(v) that the size of the proposed gaming operations on the premises would not be such that they would predominate over the undertaking ordinarily carried out on the premises; and
(vi) that the conduct of the proposed gaming operations on the premises would not detract unduly from the character of the premises, the nature of the undertaking carried out on the premises or the enjoyment of persons ordinarily using the premises (apart for the purpose of gaming); and
(vii) that no proposed gaming area is so designed or situated that it would be likely to be a special attraction to minors; and
(viii) that the proposed gaming area is within a place or area that is enclosed as defined by the Tobacco Products Regulation Act 1997 (see section 4(3) and (4)); or
(b) the applicant holds a proposed premises certificate for the premises and satisfies the Commissioner, by such evidence as the Commissioner may require—
(i) that the conditions (if any) on which the certificate was granted have been complied with; and
(ii) that the premises have been completed in accordance with the plans approved in the certificate or a variation of those plans later approved by the Commissioner.