South Australian Numbered Acts

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STATUTES AMENDMENT (POWER TO BAR) ACT 2008 (NO 48 OF 2008) - SECT 13

13—Insertion of section 45A

After section 45 insert:

45A—Commissioner of Police's power to bar

        (1)         The Commissioner of Police may, by written order, bar a person (the "excluded person") from the casino for a period specified in the order or for an unlimited period on any reasonable ground.

        (2)         The order must—

            (a)         subject to subsection (3), state the grounds on which the order is made; and

            (b)         set out the rights of the excluded person to have the order reviewed by the Authority; and

            (c)         be given to the person against whom it is made personally or by sending it by post addressed to the person at the last known postal address.

        (3)         If a person is barred from the casino by order under this section because of information that is classified by the Commissioner of Police as criminal intelligence, the order need only state that it would be contrary to the public interest if the person were not so barred.

        (4)         If a person has been barred from the casino by order under this section, the licensee must, within 14 days of the service of the order, be provided with—

            (a)         a copy of the order; and

            (b)         information that identifies the person,

(but a failure to comply with this subsection does not affect the operation of the order).

        (5)         An excluded person who enters or remains in the casino while an order remains in force under this section is guilty of an offence.

Maximum penalty: $2 500.

        (6)         If an excluded person is allowed to enter or remain in the casino while an order remains in force under this section, the licensee is guilty of an offence.

Maximum penalty: $10 000.

        (7)         An agent or employee of the licensee or a police officer may exercise reasonable force—

            (a)         to prevent a person from entering the casino contrary to an order under this section; or

            (b)         to remove a person who is in the casino contrary to an order under this section.

        (8)         The Commissioner of Police may at any time revoke an order under this section.

        (9)         The Commissioner of Police may not delegate his or her power under this section except to a Deputy Commissioner or Assistant Commissioner of Police.

        (10)         A delegation under this section—

            (a)         must be by instrument in writing; and

            (b)         may be absolute or conditional; and

            (c)         does not derogate from the power of the Commissioner of Police to act in any matter; and

            (d)         is revocable at will by the Commissioner of Police.



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