South Australian Numbered Acts South Australian Numbered Acts14—Insertion of sections 17A and 17B
After section 17 insert:
17A—Proposed premises certificate
(1) A proposed premises certificate approving plans submitted by the applicant for the certificate will not be granted unless—
(a) the applicant holds a social effect certificate for the site of the proposed premises; and
(b) the applicant satisfies the Commissioner, by such evidence as the Commissioner may require—
(i) that the requirements of section 15(5)(a) will be met in relation to the proposed premises if completed in accordance with the plans; and
(ii) that any approvals, consents or exemptions that are required under the law relating to development to permit the use of the proposed premises for the conduct of gaming operations have been obtained.
(2) A proposed premises certificate must state the maximum number of gaming machines to be operated under the licence and may state conditions to which the licence should be subject.
(3) A certificate granted under this section may, on notification to the Commissioner, be transferred to another person.
(4) The Commissioner may, on application by the holder of a proposed premises certificate, approve a variation of the plans approved in the certificate.
17B—Social effect certificate
(1) A social effect certificate—
(a) may only be granted in relation to a specific site in which the applicant has a proprietary interest; and
(b) may not be granted if an application for a gaming machine licence in respect of licensed premises at the site could not be granted under section 15A; and
(c) subject to subsection (2), ceases to be in force 18 months after the date on which it is granted.
(2) The Commissioner may, on application by the holder of a social effect certificate, extend the period for which the certificate remains in force if, in the Commissioner's opinion, it is appropriate to do so to enable—
(a) approvals, consents or exemptions for development on the site that are required under the law relating to development to be obtained; or
(b) development on the site that has been commenced to be completed.
(3) A social effect certificate will only be granted if the applicant satisfies the Commissioner, by such evidence as the Commissioner may require, that the grant of a gaming machine licence in respect of premises on the site would not be contrary to the public interest on the ground of the likely social effect on the local community and, in particular, the likely effect on problem gambling within the local community.
(4) In assessing the social effect of the grant of a gaming machine licence, the Commissioner—
(a) must apply the social effect principles; and
(b) must not have regard to the economic effect that the granting of a gaming machine licence might have on the business of other licensed premises in the relevant locality (except insofar as that economic effect may be relevant to an assessment of the likely social effect of the grant of the licence on the local community); and
(c) must take each site in respect of which a social effect certificate is then in force into account as if a gaming machine licence were held for licensed premises on the site.
(5) A certificate granted under this section may, on notification to the Commissioner, be transferred to another person with a proprietary interest in the site to which the certificate relates.
(6) The Commissioner must—
(a) keep a register of social effect certificates; and
(b) cause the register to be published on a website to which the public has access free of charge.
(7) The Commissioner must—
(a) record on the register for each social effect certificate—
(i) the name of the holder of the certificate; and
(ii) the date on which it was granted; and
(iii) the site to which it relates; and
(b) remove from the register any social effect certificate that has ceased to be in force.