South Australian Current Regulations

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GAMING MACHINES REGULATIONS 2020 - REG 19

19—Minister may grant exemptions

        (1)         The Minister may grant exemptions from such provisions of the Act as may be necessary for the purpose of allowing—

            (a)         any university or any college established under the Technical and Further Education Act 1975 ; or

            (b)         such other person or body as the Minister may approve,

to provide training courses in any aspect of the gaming machine industry.

        (2)         The Minister may grant exemptions from such provisions of the Act as may be necessary for the purpose of—

            (a)         enabling an approved gaming machine technician to install, service or repair gaming machines, games or prescribed gaming machine components; and

            (b)         enabling an approved gaming machine technician or the holder of a gaming machine service licence to do any of the following:

                  (i)         have or take possession of a gaming machine or game for the purpose of installing, servicing or repairing it;

                  (ii)         have possession of a gaming machine or game on a temporary basis prior to its installation;

                  (iii)         seal a gaming machine or the computer cabinet or any other part of a gaming machine or break or otherwise interfere with any such seal, in the course of their duties.

        (3)         The Minister may grant an exemption from section 77(1) of the Act in relation to the transfer of all gaming machines together with a gaming machine licence and all gaming machine entitlements held by the transferor immediately before the transfer.

        (4)         The Minister may grant exemptions from such provisions of the Act as may be necessary for the purpose of allowing any particular person or body, or any person or body of a particular class, to exhibit and demonstrate gaming machines at trade fairs or exhibitions or other similar events.

        (6)         The Minister may grant exemptions from such provisions of the Act as may be necessary for the purpose of allowing any particular person or body, or any person or body of a particular class, to possess and operate a gaming machine for the purposes of—

            (a)         conducting research into problem gambling or other issues associated with gambling; or

            (b)         providing a program of treatment for problem gamblers.

        (7)         The Minister may grant exemptions from such provisions of the Act as may be necessary for the purpose of enabling gaming machines owned by the holder of the casino licence under the Casino Act 1997 to be stored at a secure location by a person who does not hold a licence.

        (8)         Without limiting the conditions that may be imposed under subregulation (9), an exemption under subregulation (7) is subject to the following conditions:

            (a)         the person storing the gaming machines and the premises at which the gaming machines are stored must be approved by the Commissioner;

            (b)         a gaming machine must not be transferred to the approved premises unless the Commissioner has been given notice in writing of the details of the gaming machine and the date and time of its proposed transfer;

            (c)         a gaming machine must not be disposed of at, or removed from, the approved premises unless the Commissioner has been given notice in writing of—

                  (i)         the details of the gaming machine; and

                  (ii)         if the machine is to be disposed of—the proposed method, date and time of disposal; and

                  (iii)         if the machine is to be removed—the purpose of its removal, the place to which it is to be removed and the date and time of its proposed removal;

            (d)         an authorised officer may exercise powers for the purposes of ascertaining whether the conditions of the exemption are being complied with as if those powers were being exercised under the Act, the approved premises were premises used in the course of a business carried on under a licence and the officer were ascertaining whether the provisions of the licence were being complied with, and a person—

                  (i)         must not, without reasonable excuse, hinder or obstruct the authorised officer in the exercise of the powers; or

                  (ii)         fail to answer a question put by the authorised officer to the best of their knowledge, information or belief; or

                  (iii)         fail to comply with any other lawful requirement or direction of the authorised officer; or

                  (iv)         use abusive, threatening or insulting language to the authorised officer or a person assisting the authorised officer.

        (9)         An exemption may be conditional or unconditional.

        (10)         In the case of an exemption to be granted to a class of persons, the Minister will grant the exemption by notice in the Gazette.

        (11)         The Minister may vary or revoke an exemption granted under this regulation—

            (a)         in the case of an exemption granted under subregulation (10)—by notice in the Gazette; or

            (b)         in any other case—by notice given to the person to whom the exemption relates.



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