South Australian Numbered Acts South Australian Numbered Acts28—Substitution of section 39
Section 39—delete the section and substitute:
39—Approval of form of supply contract
(1) The Commissioner may, on application by the holder of a gaming machine dealer's licence, approve the form of a contract to be entered into by the holder of the licence and—
(a) the holder of a gaming machine licence; or
(b) the holder of a gaming machine service licence; or
(c) the holder of another gaming machine dealer's licence,
for the sale or supply of approved gaming machines, prescribed gaming machine components or gaming equipment.
(2) The Commissioner has an unqualified discretion to approve or refuse to approve the form of a contract except that the Commissioner must refuse to approve a form if, in the Commissioner's opinion, it would result in a contract that—
(a) is harsh and unconscionable; or
(b) provides for a payment by reference to the proceeds or profits of the business of a licensee; or
(c) provides for an inducement to enter the contract other than a discount based on the number of machines, components or items of equipment to be supplied; or
(d) may otherwise jeopardise the proper conduct of gaming operations.