South Australian Consolidated Acts

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GAMING MACHINES ACT 1992


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Application of this Act

   PART 2--Administration

           Division 1--The Commissioner

   5.      Commissioner responsible to Authority for scrutiny of operations under all licences
   6.      Procedural powers of the Commissioner
   7.      Conduct of proceedings
   7A.     Powers to make interim or conditional decisions and accept undertakings from parties
   8.      Representation
   9.      Power to disclose information to certain authorities

           Division 2--Inspectors

   10.     Appointment of inspectors

           Division 3--The Authority

   11.     Authority may give directions to licensees

           Division 4--Criminal intelligence

   12.     Criminal intelligence

   PART 3--Licences

           Division 1--Classes of licence

   14.     Licence classes

           Division 2--Special provisions relating to gaming machine licences

   15.     Eligibility criteria
   15A.    Gaming venues not to be located under same roof as shops or within shopping complexes
   16.     Number of gaming machines to be operated under licence
   17.     Plurality of licences

           Division 3--Applications for licences

   18.     Form of application
   19.     Certain criteria must be satisfied by all applicants
   20.     Applications to be given to Commissioner of Police
   21.     Special criteria for gaming machine monitor licence
   22.     Holder of monitor licence cannot hold other licences
   23.     Minors not to hold licence etc
   24.     Discretion to refuse application
   24A.    Special club licence
   25.     Independent Gaming Corporation
   26.     State Procurement Board to hold supplier's licence
   26A.    How licences are to be held
   27.     Conditions

           Division 3A--Gaming machine entitlements

   27A.    Gaming machine entitlements
   27B.    Transferability of gaming machine entitlements
   27C.    Premises to which gaming machine entitlements relate
   27D.    Effect of this Division on obligations under a lease or mortgage
   27E.    Statement of Parliamentary intention with regard to gaming machine numbers

           Division 4--Transfer of licences

   28.     Certain gaming machine licences only are transferable
   28AA.   Applications to be given to Commissioner of Police
   28AAB.  Discretion to grant or refuse application under section 28
   28A.    Condition requiring payment of gaming machine surcharge

           Division 4A--Devolution of licensee's rights

   28B.    Devolution of licensee's rights
   28C.    Bankruptcy or winding up of licensee
   28D.    Notice to be given of exercise of powers under Division

           Division 5--Objections and intervention

   29.     Certain applications require advertisement
   30.     Objections
   31.     Intervention by Commissioner of Police

           Division 6--Suspension, revocation and surrender of licences

   32.     Voluntary suspension
   33.     Surrender
   34.     Effect of surrender, suspension or revocation of liquor licence
   35.     Cessation of gaming machine monitor licence

           Division 7--Disciplinary action against licensees

   35A.    Interpretation
   36.     Cause for disciplinary action against licensees
   36A.    Inquiry
   36B.    Taking of disciplinary action against licensees

   PART 4--Approvals

   37.     Commissioner may approve managers and employees
   38.     Commissioner may approve persons in authority
   38A.    Condition requiring payment of gaming machine surcharge
   38B.    Commissioner may approve gaming machine technicians
   39.     Commissioner may approve agents of Board
   40.     Approval of gaming machines and games
   41.     Commissioner may approve gaming tokens and gaming token manufacturers
   41A.    Applications to be given to Commissioner of Police
   42.     Discretion to grant or refuse approval
   42A.    Advertisement of certain applications and objections
   43.     Intervention by Commissioner of Police
   44.     Revocation of approval

   PART 4A--Special provisions relating to licensed dealers

   44A.    Prohibition of links between dealers and other licensees

   PART 5--Offences

           Division 1--Offences relating to licences and approvals

   45.     Offence of being unlicensed
   46.     Offence of breach of licence conditions
   47.     Offence of breach of agency conditions
   48.     Offences relating to management of business or positions of authority
   49.     Offence related to employment in gaming areas
   50.     Offence related to personal performance of work on gaming machines
   50A.    Approved gaming machine managers and employees must carry identification
   51.     Persons who may not operate gaming machines

           Division 2--Offences relating to conduct of gaming operations

   51A.    Cash facilities not to be provided within gaming areas
   51B.    Cash facilities withdrawal limit
   52.     Prohibition of lending or extension of credit
   53.     Prohibition of linked jackpots
   53A.    Prohibition of certain gaming machine facilities
   53B.    Commissioner's directions to ensure security of gaming machines
   54.     Licences to be displayed

           Division 3--Offences relating to minors

   55.     Minors must not be employed in gaming operations
   56.     Minors not permitted in gaming areas
   57.     Licensee must erect warning notices
   58.     Powers in relation to minors in gaming areas

           Division 4--Persons barred from gaming areas

   59.     Licensee may bar excessive gamblers
   60.     Power to remove persons who have been barred
   61.     Commissioner may review decision of licensee

           Division 5--Offences relating to cheating etc

   62.     Interference with machines, equipment or games
   63.     Interference devices
   64.     Sealing of gaming machines
   65.     Removal of gaming tokens
   66.     Machines not to be operated in certain circumstances
   67.     Power to remove offenders

           Division 6--Offences relating to profit sharing etc

   68.     Certain profit sharing etc is prohibited

   PART 6--Appeals

   69.     Right of appeal
   70.     Operation of decisions pending appeal
   70A.    Procedure in relation to criminal intelligence

   PART 7--Powers of inspection etc

   71.     Power to enter and inspect

   PART 8--Gaming tax

   71A.    Moratorium on increases in rates of gaming tax
   72.     Interpretation
   72A.    Gaming tax
   72B.    Recovery of tax
   73.     Accounts and monthly returns
   73A.    Sport and Recreation Fund
   73B.    Charitable and Social Welfare Fund
   73BA.   Gamblers Rehabilitation Fund
   73C.    Community Development Fund

   PART 9--Miscellaneous

   74.     Annual reports
   74A.    Review and alteration of codes of practice
   74B.    Codes of practice and alterations to codes disallowable by Parliament
   75.     Audit requirements for gaming machine monitor licence
   76.     Power to refuse to pay winnings
   77.     Certain agreements and arrangements are unlawful
   78.     False or misleading statements
   79.     Bribery
   80.     Licensees to disclose gifts etc
   81.     Liability of licensed dealer for acts of agent
   82.     Service
   83.     Immunity from liability
   84.     Prosecution of summary offences
   85.     Vicarious liability
   85A.    Destruction of fingerprints
   86.     Evidentiary provision
   86A.    Guidelines
   87.     Regulations
   88.     Exclusion of compensation
   89.     Minister to obtain reports
   90.     Minister to obtain report on Smartcard technology
   91.     Minister to obtain report on gambling rehabilitation programs
           SCHEDULE 1--Gaming machine licence conditions
           SCHEDULE 2--Gaming machine monitor licence conditions
           SCHEDULE 3--Special provision for licence for Roosters Club Incorporated
           SCHEDULE 4--Transitional provision
           Legislative history


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