South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment and Repeal (Budget Measures)
Bill 2018
A BILL FOR
An Act to make amendments to various Acts, and to repeal various Acts, for
the purposes of the 2018 State Budget.
Contents
Part 2—Amendment
of Authorised Betting Operations Act 2000
4Amendment of section
3—Interpretation
5Amendment of section 6A—Codes of practice
etc
6Amendment of section 6B—Criminal
intelligence
7Amendment of section 12—Approved
licensing agreements
8Amendment of section 15—Approved
licensing agreement to be tabled in Parliament
9Amendment of section 18—Other
transactions under which outsiders may acquire control or
influence
10Amendment of section
23—Investigations
11Amendment of section 24—Investigative
powers
12Amendment of section 28—Licensee to
supply Commissioner with copy of audited accounts
13Amendment of section 29—Duty of
auditor
14Amendment of section 34—Classes of
licences
15Amendment of section 36—Conditions of
licences
16Amendment of section 37—Application for
grant or renewal, or variation of condition, of licence
17Amendment of section 38—Determination of
applications
18Amendment of section
40H—Regulations
19Amendment of section 43—Prevention of
betting by children
20Amendment of section 60—Prevention of
betting with children by bookmaker or agent
21Amendment of section 62—Rules relating
to bookmakers' operations
22Amendment of section 62A—Prevention of
betting by children
23Amendment of section 62I—Prosecution
requires Commissioner's consent
24Amendment of section 63—Responsibility
of the Commissioner
25Amendment of section 64—Power to obtain
information
26Amendment of heading to Part 7
27Amendment of section
77—Review of Commissioner's decision
29Amendment of section 85—Reasons for
decision
30Amendment of section 86—Power of
Commissioner in relation to approvals
31Amendment of section 87—Confidentiality
of information provided by Commissioner of Police
32Amendment of section
89—Evidence
33Amendment of section
90—Annual report
34Amendment of section
91—Regulations
Part 3—Amendment
of Casino Act 1997
37Amendment of section
3—Interpretation
38Amendment of section 9—Term and renewal
of licence
39Amendment of section 14—Other
transactions under which outsiders may acquire control or
influence
40Amendment of section 15—Surrender of
licence
41Amendment of section 16—Approved
licensing agreement
42Amendment of section 18—Agreements to be
tabled in Parliament
43Amendment of section 23—Investigative
powers
44Amendment of section 41A—Codes of
practice
45Amendment of section 47A—Requirement for
Commissioner to consult licensee
47Amendment of section 50—Duty of
auditor
48Amendment of section 53—Responsibility
of Commissioner
49Amendment of section 54—Power to obtain
information
50Amendment of section 55—Powers of
inspection
51Amendment of heading to Part 8
52Amendment of section
65—Review of decisions
54Amendment of section 66A—Procedure in
relation to criminal intelligence
55Amendment of section 68—Reasons for
decision
58Amendment of section 70—Prohibition of
gambling by Commissioner etc
59Amendment of section
71—Annual report
60Amendment of section
72—Regulations
Part 4—Repeal of Commissioner for
Kangaroo Island Act 2014
Part 5—Amendment
of Environment Protection Act 1993
135ARecovery of administrative
and technical costs associated with action under Part 10A
65Amendment of Schedule 1—Prescribed
activities of environmental significance
Part 6—Amendment
of Gaming Machines Act 1992
67Amendment of section
3—Interpretation
68Amendment of section 5—Commissioner
responsible for scrutiny of operations under all licences
69Amendment of heading to Part 2 Division
3
Division 3—Commissioner's power to
prescribe, recognise and give directions
70Amendment of section 10A—Certain matters
prescribed by Commissioner
71Amendment of section
10B—Recognitions
72Amendment of section 11—Commissioner may
give directions to licensees
73Amendment of section 12—Criminal
intelligence
74Amendment of section 47—Offence of
breach of mandatory provisions of codes
75Amendment of section 53A—Prohibition of
certain gaming machines
76Amendment of heading to Part 6
77Amendment of section
69—Right of review
78Amendment of section 70—Operation of
decisions pending review
79Amendment of section 70A—Procedure in
relation to criminal intelligence
80Amendment of section 73BA—Gamblers
Rehabilitation Fund
81Substitution of
sections 74 and 74A
82Amendment of section 76—Power to refuse
to pay winnings
83Amendment of section
82—Service
84Amendment of section
87—Regulations
Part 7—Amendment
of Independent Gambling Authority Act 1995
87Amendment of section
1—Short title
89Amendment of section
3—Interpretation
Part 2—Functions of
Commissioner
4Functions and
powers of Commissioner
Part 2A—Gambling Advisory
Council
5Establishment of
Advisory Council
91Substitution of heading to Part
3
93Amendment of section 13—Inquiries by
Commissioner
94Amendment of section 14—Powers and
procedures of Commissioner
95Amendment of section 15—Representation
before Commissioner
96Amendment of section 15C—Barring
orders
97Amendment of section 15D—Variation or
revocation of barring order
98Amendment of section 15E—Notice of
barring order etc
99Amendment of section 15G—Review of
barring order by gambling provider
100Amendment of section
15H—Reconsideration of barring order by Commissioner
101Amendment of sections 15L and
15M
102Amendment of section 16—Participation
in gambling
103Amendment of section
17—Confidentiality
104Repeal of sections 18 and 19
105Amendment of section
20—Regulations
Part 8—Amendment
of Intervention Orders (Prevention of Abuse) Act 2009
108Amendment of section
3—Interpretation
109Amendment of section 24—Problem
gambling order
110Amendment of section 27—Problem
gambling orders
Part 9—Amendment
of Land Tax Act 1936
112Amendment of section 8A—Scales of land
tax
Part 10—Amendment
of Liquor Licensing Act 1997
113Amendment of section
9—Inspectors and other officers
114Amendment of section
10—Delegation
115Amendment of section
138—Regulations
Part 11—Amendment
of Local Government Act 1999
116Amendment of section 294—Power to
enter and occupy land in connection with an activity
Part 12—Amendment of Mining
Act 1971
118Amendment of section 17A—Reduced
royalty for new mines
Part 13—Amendment of Payroll Tax
Act 2009
119Amendment of section
29—Motor vehicle allowances
120Amendment of section
32—What is a relevant contract?
Part 14—Amendment
of Problem Gambling Family Protection Orders Act 2004
122Amendment of section
3—Interpretation
123Amendment of section
7—Complaints
124Amendment of section 9—Making problem
gambling family protection order in respondent's absence
126Amendment of section 13—Notification
of orders by Commissioner
127Amendment of section 15—Removal of
respondent barred from certain premises
Part 15—Repeal of Racing
(Proprietary Business Licensing) Act 2000
Part 16—Amendment
of Real Property Act 1886
132Amendment of section
277—Regulations
Part 17—Amendment of Stamp Duties
Act 1923 that takes effect on assent
133Amendment of section
71CC—Interfamilial transfer of farming property
Part 18—Amendment
of Stamp Duties Act 1923 taken to have effect from 1 January
2018
135Amendment of section
32—Interpretation
136Amendment of section
36—Certain premiums exempt from duty
Part 19—Amendment
of Stamp Duties Act 1923 that takes effect on day fixed by
proclamation
137Amendment of section
2—Interpretation
138Insertion of Part 1 Division 4
Division 4—Stamp duty
certificates
3ECommissioner may
issue stamp duty certificate
Part 20—Amendment
of State Lotteries Act 1966
140Amendment of section
3—Interpretation
141Amendment of section 13B—Codes of
practice etc
Part 21—Amendment
of Taxation Administration Act 1996
143Amendment of section 78—Permitted
disclosure in particular circumstances or to particular persons
144Amendment of section 80—Prohibition of
disclosures by other persons
145Amendment of section 81—Restriction on
power of courts to require disclosure
146Insertion of Part 9 Division 4
Division 4—Collection of information
for disclosure to Commonwealth
81BRelationship
with other laws
81CCollection and
disclosure of reportable information
81DCommissioner
may direct agency to collect and disclose
81EHow reportable information
may be collected
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment and Repeal (Budget
Measures) Act 2018.
(1) Subject to this section, this Act will come into operation on the day
on which it is assented to by the Governor.
(2) The following provisions will come into operation on a day to be fixed
by proclamation:
(a)
Part 2
;
(b)
Part 3
;
(c)
Part 5
;
(d)
Part 6
;
(e)
Part 7
;
(f)
Part 8
;
(g)
sections 113
and
114
;
(h)
Part 14
;
(i)
Part 16
;
(j)
Part 19
;
(k)
Part 20
;
(l)
Part 21
.
(3)
Part 9
will come into operation at midnight on 30 June 2020.
(4)
Part 11
will come into operation on 1 July 2019.
(5)
Section 119
will be taken to have come into operation on
1 July 2016.
(6)
Sections 120
and
121
will be taken to have come into operation on
1 July 2018.
(7)
Part 18
will be taken to have come into operation on 1 January 2018.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Authorised Betting Operations
Act 2000
4—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of authorised officer,
(b)—delete paragraph (b)
(2) Section 3(1),
definition of Authority—delete the definition
(3) Section 3(1), definition of licensing
authority—delete the definition
5—Amendment
of section 6A—Codes of practice etc
(1) Section 6A(3)(ab)—delete "
Independent
Gambling Authority Act 1995
" and substitute:
Gambling
Administration Act 1995
(2) Section 6A(6)—delete subsection (6)
6—Amendment
of section 6B—Criminal intelligence
Section 6B(1) to (3)—delete "the Authority or" wherever
occurring
7—Amendment
of section 12—Approved licensing agreements
(1) Section 12(3)(d)—delete paragraph (d)
(2) Section 12(5) and (6)—delete ", the Authority" wherever
occurring
(3) Section 12(6)—delete "
Independent
Gambling Authority Act 1995
" and substitute:
Gambling
Administration Act 1995
(4) Section 12(7)(c)—delete paragraph (c)
(5) Section 12(8)—delete "and has no effect unless approved by the
Authority"
(6) Section 12(10)—delete subsection (10)
8—Amendment
of section 15—Approved licensing agreement to be tabled in
Parliament
Section 15(1)—delete subsection (1) and substitute:
The Minister must, within 12 sitting days after entering into an approved
licensing agreement or an agreement for the variation of an approved licensing
agreement, have copies of the agreement laid before both Houses of
Parliament.
9—Amendment
of section 18—Other transactions under which outsiders may acquire control
or influence
Section 18(2)(a)—delete "and the Authority"
10—Amendment
of section 23—Investigations
Section 23(1) to (3)—delete "it" wherever occurring and substitute in
each case:
the Commissioner
11—Amendment
of section 24—Investigative powers
Section 24(4)—delete "
Independent
Gambling Authority Act 1995
" and substitute:
Gambling
Administration Act 1995
12—Amendment
of section 28—Licensee to supply Commissioner with copy of audited
accounts
Section 28(1) and (2)—delete "Authority" wherever occurring and
substitute in each case:
Commissioner
13—Amendment
of section 29—Duty of auditor
Section 29(4)—delete "or the Commissioner"
14—Amendment
of section 34—Classes of licences
Section 34(1)—delete "licensing authority" and substitute:
Commissioner
15—Amendment
of section 36—Conditions of licences
Section 36(1) and (2)—delete "licensing authority" wherever occurring
and substitute in each case:
Commissioner
16—Amendment
of section 37—Application for grant or renewal, or variation of condition,
of licence
Section 37(1) and (2)—delete "licensing authority" wherever occurring
and substitute in each case:
Commissioner
17—Amendment
of section 38—Determination of applications
Section 38(1) and (2)—delete "licensing authority" wherever occurring
and substitute in each case:
Commissioner
18—Amendment
of section 40H—Regulations
Section 40H(2)—delete "the Authority,"
19—Amendment
of section 43—Prevention of betting by children
Section 43(2)—delete "by the Authority"
20—Amendment
of section 60—Prevention of betting with children by bookmaker or
agent
Section 60(1a)—delete "by the Authority"
21—Amendment
of section 62—Rules relating to bookmakers'
operations
Section 62(2)(a)—delete paragraph (a)
22—Amendment
of section 62A—Prevention of betting by children
Section 62A(b)—delete "by the Authority"
23—Amendment
of section 62I—Prosecution requires Commissioner's
consent
Section 62I—delete "Authority" wherever occurring and substitute in
each case:
Commissioner
24—Amendment
of section 63—Responsibility of the Commissioner
Section 63—delete "to the Authority"
25—Amendment
of section 64—Power to obtain information
Section 64(1) and (2)—delete "the Authority or" wherever
occurring
26—Amendment
of heading to Part 7
Heading to Part 7—delete "and appeal"
27—Amendment
of section 77—Review of Commissioner's decision
(1) Section 77(1)—delete "(including a decision made by the
Commissioner as a delegate of the Authority)"
(2) Section 77(1)—delete "Authority" second occurring and
substitute:
Court
(3) Section 77(3)—delete subsection (3) and substitute:
(2) A review under this section is in the nature of a rehearing.
(3) On a review under this section, the Court may exercise any 1 or more
of the following powers:
(a) affirm, vary or quash the decision subject to the review;
(b) make any decision that should, in the opinion of the Court, have been
made in the first instance;
(c) refer a matter back to the Commissioner for rehearing or
reconsideration;
(d) make any incidental or ancillary order.
(4) If the reasons of the Commissioner are not given in writing at the
time of making a decision and the person aggrieved by the decision, within 30
days after receiving notice of the decision, requires the Commissioner to state
the reasons in writing, the time for applying for a review of the decision runs
from the time when the person receives the written statement of those
reasons.
(5) In this section—
Court means the Licensing Court of South Australia.
Section 78—delete the section
29—Amendment
of section 85—Reasons for decision
Section 85(2) to (5)—delete subsections (2) to (5) (inclusive) and
substitute:
(2) Subject to this Act, the Commissioner is not bound to give reasons for
a decision of the Commissioner under this Act.
30—Amendment
of section 86—Power of Commissioner in relation to
approvals
(1) Section 86—delete "the Authority or"
(2) Section 86(a) and (b)—delete "Authority or" wherever
occurring
31—Amendment
of section 87—Confidentiality of information provided by Commissioner of
Police
Section 87—delete "the Authority or"
32—Amendment
of section 89—Evidence
Section 89(2)—delete "the Authority or"
33—Amendment
of section 90—Annual report
(1) Section 90(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) The Commissioner must, on or before 30 September in each year,
prepare and present to the Minister a report on the performance of the
Commissioner's functions under this Act during the preceding financial
year.
(2) A report of the Commissioner required under this Act may be combined
with a report of the Commissioner required under any other Act (provided that
such reports relate to the same period).
(2) Section 90(3)(c)—delete "the Authority or"
(3) Section 90(3)(d)—delete paragraph (d)
34—Amendment
of section 91—Regulations
(1) Section 91(3)(b)—delete "the Authority or"
(2) Section
91(4)—delete "Part 2 of the
Statutes
Amendment (Budget 2016) Act 2016
" and substitute:
any amendments to this Act or on the commencement of specified provisions
of this Act or on the making of regulations under this Act
(3) Section 91(5)—delete "Part 2 of the
Statutes
Amendment (Budget 2016) Act 2016
" and substitute:
the amendments or provisions, or on the making of the
regulations,
(1) Whole Act—delete all remaining references to "Authority"
wherever occurring and substitute, in each case:
Commissioner
(2) Whole Act—delete all remaining references to "Authority's"
wherever occurring and substitute, in each case:
Commissioner's
(1) A
recommendation, designation, classification, ratification or consent given or
made by the Independent Gambling Authority and in force under the
Authorised
Betting Operations Act 2000
immediately before the commencement of this section continues in force as
if it had been given or made under that Act as in force after the commencement
of this section.
(2) A notice, direction, order, requirement, request, determination or
certificate given, issued or made by the Independent Gambling Authority and in
force under the
Authorised
Betting Operations Act 2000
immediately before the commencement of this section continues in force as
if it had been given, issued or made under that Act as in force after the
commencement of this section.
(3) A notice, direction or request given to or received by the Independent
Gambling Authority and in force under the
Authorised
Betting Operations Act 2000
immediately before the commencement of this section continues in force as
if it had been given or received under that Act as in force after the
commencement of this section.
(4) A notice prescribing a code of practice or requirements for systems
and procedures published by the Independent Gambling Authority and in force
under section 6A of the
Authorised
Betting Operations Act 2000
as in force immediately before the commencement of this section continues
in force as if it had been published under that Act as in force after the
commencement of this section.
(5) A licence or approval granted by the Independent Gambling Authority
and in force under the
Authorised
Betting Operations Act 2000
immediately before the commencement of this section continues in force
(subject to the conditions (if any) applying to the licence or approval) as if
it had been granted under that Act as in force after the commencement of this
section.
(6) If a review has been commenced but not finally determined by the
Independent Gambling Authority under section 77 of the
Authorised
Betting Operations Act 2000
before the commencement of
section 27
of this Act, the review may be continued and completed by the Court as if
it had been commenced under section 77 as in force after the commencement of
section 27
.
(7) If any application, investigation or other proceeding had been
commenced but not finally determined by the Independent Gambling Authority under
the
Authorised
Betting Operations Act 2000
before the commencement of this section, the application, investigation or
proceeding may be continued and completed by the Commissioner as if it had been
commenced under that Act as in force after the commencement of this
section.
(8) The provisions of this section are subject to any regulations made
under section 91(4) of the
Authorised
Betting Operations Act 2000
(as in force after the commencement of
section 34(2)
).
(9) In this section—
Commissioner has the same meaning as in the
Authorised
Betting Operations Act 2000
;
Court means the Licensing Court of South Australia;
Independent Gambling Authority means the Authority
established under the
Independent
Gambling Authority Act 1995
(as in force immediately before the commencement of this
section);
notice includes—
(a) a compliance notice within the meaning of section 69(1)
of the
Authorised
Betting Operations Act 2000
; and
(b) an expiation notice within the meaning of section 70(1)
of the
Authorised
Betting Operations Act 2000
.
Part 3—Amendment
of Casino Act 1997
37—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of authorised officer,
(b)—delete paragraph (b)
(2) Section 3(1), definition of Authority—delete the
definition
38—Amendment
of section 9—Term and renewal of licence
(1) Section 9(2)—delete ", and the agreement as renegotiated is
approved by the Authority"
(2) Section 9(2a)—delete subsection (2a)
39—Amendment
of section 14—Other transactions under which outsiders may acquire control
or influence
Section 14(2)(a)—delete "and the Authority"
40—Amendment
of section 15—Surrender of licence
Section 15(1)—delete ", with the approval of the
Authority,"
41—Amendment
of section 16—Approved licensing agreement
(1) Section 16(3)(c)—delete paragraph (c)
(2) Section 16(4a)—delete ", the Authority"
(3) Section 16(5)—delete "and has no effect unless approved by the
Authority"
(4) Section 16(7)—delete subsection (7)
42—Amendment
of section 18—Agreements to be tabled in Parliament
Section 18(1)—delete subsection (1) and substitute:
(1) The Minister must, within 12 sitting days after entering into an
approved licensing agreement or an agreement for the variation of an approved
licensing agreement, have copies of the agreement laid before both Houses of
Parliament.
43—Amendment
of section 23—Investigative powers
Section 23(4)—delete "
Independent
Gambling Authority Act 1995
" and substitute:
Gambling
Administration Act 1995
44—Amendment
of section 41A—Codes of practice
(1) Section 41A(2)—delete "
Independent
Gambling Authority Act 1995
" wherever occurring and substitute in each case:
Gambling
Administration Act 1995
(2) Section 41A(6)—delete subsection (6)
45—Amendment
of section 47A—Requirement for Commissioner to consult
licensee
Section 47A(1)—after paragraph (d) insert:
(e) the power to approve the basis on which staff gifts or gratuities may
be accepted.
Section 47B—delete the section
47—Amendment
of section 50—Duty of auditor
Section 50(3)—delete ", the Treasurer or the Commissioner" wherever
occurring and substitute in each case:
or the Treasurer
48—Amendment
of section 53—Responsibility of Commissioner
Section 53—delete "to the Authority"
49—Amendment
of section 54—Power to obtain information
Section 54—delete "or the Authority"
50—Amendment
of section 55—Powers of inspection
Section 55(4)—delete "and to the Authority"
51—Amendment
of heading to Part 8
Heading to Part 8—delete "and appeal"
52—Amendment
of section 65—Review of decisions
(1) Section 65(1) and (2)—delete "Authority" wherever occurring and
substitute in each case:
Court
(2) Section 65(3)—delete subsection (3) and substitute:
(3) On a review under this section, the Court may exercise any 1 or more
of the following powers:
(a) affirm, vary or quash the decision subject to the review;
(b) make any decision that should, in the opinion of the Court, have been
made in the first instance;
(c) refer a matter back to the decision-maker for rehearing or
reconsideration;
(d) make any incidental or ancillary order.
(3a) If the reasons of the Commissioner are not given in writing at the
time of making a decision and the person aggrieved by the decision, within 30
days after receiving notice of the decision, requires the Commissioner to state
the reasons in writing, the time for applying for a review of the decision runs
from the time when the person receives the written statement of those
reasons.
(3) Section 65(4)—before the definition of decision
insert:
Court means the Licensing Court of South Australia;
Section 66—delete the section
54—Amendment
of section 66A—Procedure in relation to criminal
intelligence
Section 66A—delete "Authority or the Supreme"
55—Amendment
of section 68—Reasons for decision
Section 68(2) and (3)—delete subsections (2) and (3) and
substitute:
(2) Subject to this Act, the Commissioner is not bound to give reasons for
a decision of the Commissioner under this Act.
Section 68A—delete the section
57—Amendment
of section 69—Confidentiality of criminal intelligence and other
information provided by Commissioner of Police
(1) Section 69(1)—delete "the Authority or"
(2) Section 69(2)—delete "the Authority,"
58—Amendment
of section 70—Prohibition of gambling by Commissioner
etc
Section 70(2)—after "officer" insert:
, and any person of a class prescribed by the regulations,
59—Amendment
of section 71—Annual report
(1) Section 71(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) The Commissioner must, on or before 30 September in each year,
prepare and present to the Minister a report on the performance of the
Commissioner's functions under this Act during the preceding financial
year.
(2) A report of the Commissioner under this Act may be combined with a
report of the Commissioner required under any other Act (provided that such
reports relate to the same period).
(2) Section 71(3)(aa)—delete paragraph (aa)
(3) Section 71(3)(c)—delete paragraph (c)
60—Amendment
of section 72—Regulations
Section 72—after subsection (1a) insert:
(1ab) The regulations may make provisions of a saving or transitional
nature consequent on the enactment of any amendments to this Act or on the
commencement of specified provisions of this Act or on the making of regulations
under this Act.
(1) Whole Act—delete all remaining references to "Authority"
wherever occurring and substitute in each case:
Commissioner
(2) Whole Act—delete all remaining references to "Authority's"
wherever occurring and substitute in each case:
Commissioner's
(1) An approval, exemption, recommendation, order, designation or
ratification given or made by the Independent Gambling Authority under the
Casino
Act 1997
(as in force immediately before the commencement of this section)
continues in force as if it were an approval, exemption, recommendation, order,
designation or ratification given or made by the Commissioner under the
Casino
Act 1997
(as in force after the commencement of this section).
(2) An application made to the Independent Gambling Authority under the
Casino
Act 1997
(as in force immediately before the commencement of this section) that has
not been finally determined before the commencement of this section, may be
continued and determined by the Commissioner under the
Casino
Act 1997
(as in force after the commencement of this section).
(3) An investigation being undertaken by the Independent Gambling
Authority under Part 3 of the
Casino
Act 1997
(as in force before the commencement of this section) that has not been
completed before the commencement of this section, will be continued and
completed by the Commissioner as if it had been commenced under Part 3 of the
Casino
Act 1997
(as in force after the commencement of this section).
(4) A position designated or classified by the Independent Gambling
Authority under section 28 of the
Casino
Act 1997
(as in force immediately before the commencement of this section)
continues in force as a designation or classification of the Commissioner under
section 28 of the
Casino
Act 1997
(as in force after the commencement of this section).
(5) A notice of the following kind given by the Independent Gambling
Authority and in force immediately before the commencement of this section
continues in force as if it were a notice under the relevant provision of the
Casino
Act 1997
as in force after the commencement of this section:
(a) recognising a course of training under section 33A(1) or a notice
withdrawing such a recognition notice;
(b) prescribing criteria for recognition of courses of training under
section 33A(2) or varying or revoking such a notice;
(c) recognising or withdrawing recognition of a system under section
40B(1);
(d) prescribing criteria under section 40B(2) for a system recognised
under section 40B(1) or varying or revoking such a prescription
notice;
(e) prescribing advertising or responsible gambling codes of practice
under section 41A or varying or revoking such a prescription notice;
(f) a notice to a licensee under section 47A.
(6) A direction given to the licensee by the Independent Gambling
Authority under section 47 of the
Casino
Act 1997
(as in force immediately before the commencement of this section)
continues in force as if it were a direction given by the Commissioner under
section 47 of the
Casino
Act 1997
(as in force after the commencement of this section).
(7) A notice or order given by the Independent Gambling Authority under
Part 7 of the
Casino
Act 1997
(as in force immediately before the commencement of this section)
continues in force as if it were a notice or order given by the Commissioner
under Part 7 of the
Casino
Act 1997
(as in force after the commencement of this section).
(8) If a review has been commenced but not finally determined by the
Independent Gambling Authority under section 65 of the
Casino
Act 1997
before the commencement of
section 52
of this Act, the review may be continued and completed by the Court as if
it had been commenced under section 65 as in force after the commencement of
section 52
.
(9) The provisions of this section are subject to any regulations made
under section 72(1ab) of the
Casino
Act 1997
(as in force after the commencement of
section 60
).
(10) In this section—
Commissioner has the same meaning as in the
Casino
Act 1997
;
Court means the Licensing Court of South Australia;
Independent Gambling Authority means the Independent Gambling
Authority established under the
Independent
Gambling Authority Act 1995
as in force immediately before the commencement of this section.
Part 4—Repeal
of Commissioner for Kangaroo Island Act
2014
The
Commissioner
for Kangaroo Island Act 2014
is repealed.
Part 5—Amendment
of Environment Protection
Act 1993
After section 135 insert:
135A—Recovery of administrative and technical costs
associated with action under Part 10A
(1) This section applies to the following action taken by the
Authority:
(a) conducting investigations (including taking samples or conducting
tests, examinations or analyses) in connection with—
(i) issuing a site contamination assessment order or site remediation
order; or
(ii) entering into an agreement for an approved voluntary site
contamination assessment proposal under section 103I or an approved voluntary
site remediation proposal under section 103K; or
(b) investigating or monitoring compliance with such an order or agreement
(including taking samples or conducting tests, examinations or analyses);
or
(c) conducting negotiations with the relevant person in relation to such
an order or agreement.
(2) If the Authority has incurred costs or expenses in taking action to
which this section applies, the Authority may, by notice in writing served on
the relevant person, require the person to pay to the Authority a fee fixed by,
or calculated in accordance with, the regulations.
(3) Subject to
subsection (4)
, an amount payable to the Authority in accordance with a notice under this
section must be paid within the period specified in the notice.
(4) On application
by a person who has been served a notice under this section, the Authority may,
by notice in writing—
(a) extend the time for payment of an amount payable in accordance with
the notice; or
(b) waive payment of such an amount or reduce the amount
payable.
(5) A person who fails to pay an amount payable to the Authority in
accordance with this section is guilty of an offence.
Maximum penalty: $1 000.
Expiation fee: $500.
(6) If a notice issued under this section requires payment of an amount in
respect of a site contamination assessment order or site remediation order and
the order is the subject of an appeal, the notice is suspended until the appeal
has been determined (but if the court, on appeal, finds that the order was
contravened or that the order was properly issued, as the case may be, the
notice will have effect as if the period for payment specified in the notice
commenced on the day on which the appeal was determined).
(7) If an amount payable to the Authority is not paid in accordance with
this section, the amount may be recovered as a debt by the Authority.
(8) In this section—
relevant person, in relation to a site, means the
person—
(a) who is or who would be the appropriate person to be issued with a site
contamination assessment order or site remediation order in respect of the site
(determined in accordance with section 103C); and
(b) in respect of whom action to which this section applies is being or
has been taken.
65—Amendment
of Schedule 1—Prescribed activities of environmental
significance
Schedule 1, Part A, clause 1—after subclause (5) insert:
(5a) Petrol stations
the conduct of a petrol station, being a facility for the storage and
retail sale of petroleum products or other liquid organic chemical
substances.
In this subclause—
petroleum product has the same meaning as in the
Petroleum
Products Regulation Act 1995
.
(1) Subject to this section, the Authority must, despite the provisions of
Part 6 of the principal Act (except section 47(3)), grant a licence to a person
to enable the person to conduct a petrol station within the meaning of Schedule
1 Part A clause 1(5a) of the principal Act as amended by this Part (to have
effect from the commencement of this Part), if, immediately before the
commencement of this Part, the retail sale of petroleum products from that
petrol station was authorised under a licence pursuant to Part 2 of the
Petroleum
Products Regulation Act 1995
.
(2) The Authority is not required to grant a licence under this section
except on application and payment of the appropriate application fee and
authorisation fee under Part 6 of the principal Act.
(3) A licence granted pursuant to this section—
(a) has effect for a term of 2 years or such shorter or longer term as may
be determined by the Authority and specified in the licence; and
(b) is—
(i) except as specified in this section—subject to the principal
Act; and
(ii) subject to any conditions of the licence imposed by the Authority
under Part 6 of the principal Act and specified in the licence.
(4) Notice is not required to be given under Part 6 of the principal Act
in respect of an application for the grant of a licence pursuant to this
section.
(5) In this section—
petroleum product has the same meaning as in the
Petroleum
Products Regulation Act 1995
;
principal Act means the
Environment
Protection Act 1993
.
Part 6—Amendment
of Gaming Machines
Act 1992
67—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of Authority—delete the
definition
(2) Section 3(1), definition of responsible gambling
agreement—delete "by the Authority" wherever occurring
68—Amendment
of section 5—Commissioner responsible for scrutiny of operations under all
licences
Section 5—delete "to the Authority"
69—Amendment
of heading to Part 2 Division 3
Heading to Part 2 Division 3—delete the heading and
substitute:
Division 3—Commissioner's power to prescribe,
recognise and give directions
70—Amendment
of section 10A—Certain matters prescribed by
Commissioner
(1) Section 10A—delete "Authority" wherever occurring and substitute
in each case:
Commissioner
(2) Section 10A(2)—delete "
Independent
Gambling Authority Act 1995
" wherever occurring and substitute in each case:
Gambling
Administration Act 1995
(3) Section 10A(7)—delete subsection (7)
71—Amendment
of section 10B—Recognitions
(1) Section 10B—delete "Authority" wherever occurring and substitute
in each case:
Commissioner
(2) Section 10B(2)—delete "it" and substitute:
the Commissioner
72—Amendment
of section 11—Commissioner may give directions to
licensees
(1) Section 11(1)—delete "Authority" and substitute:
Commissioner
(2) Section 11(3)—delete subsection (3)
73—Amendment
of section 12—Criminal intelligence
Section 12(1)—delete "the Authority or"
74—Amendment
of section 47—Offence of breach of mandatory provisions of
codes
Section 47(2)—delete "Authority" and substitute:
Commissioner
75—Amendment
of section 53A—Prohibition of certain gaming machines
Section 53A(1) and (2)—delete "by the Authority" wherever
occurring
76—Amendment
of heading to Part 6
Heading to Part 6—delete the heading and substitute:
Part 6—Review
77—Amendment
of section 69—Right of review
(1) Section 69(1)—delete "appeal to the Court against" and
substitute:
apply to the Court for a review of
(2) Section 69(2)—delete "appeal to the Authority against" and
substitute:
apply to the Court for a review of
(3) Section 69(3)—delete "appeal under this section must be
instituted" and substitute:
application for review under this section must be made
(4) Section 69(3)—delete "or the Authority, as the case may
be,"
(5) Section 69(4)—delete "An appeal" and substitute:
A review
(6) Section 69(5)—delete "or Authority" wherever occurring
(7) Section 69(5)—delete "an appeal" and substitute:
a review
(8) Section 69(5)(a)—delete "appeal" and substitute:
review
(9) Section 69—after subsection (5) insert:
(5a) If the reasons of the Commissioner are not given in writing at the
time of making or giving a decision, order or direction and the person aggrieved
by the decision, order or direction within 1 month after receiving notice of the
decision, order or direction requires the Commissioner to state the reasons in
writing, the time for applying for a review of the decision, order or direction
runs from the time when the person receives the written statement of those
reasons.
(10) Section 69(7)—delete "or Authority on an appeal" and
substitute:
on a review
78—Amendment
of section 70—Operation of decisions pending review
(1) Section 70(1)—delete subsection (1) and substitute:
(1) Subject to subsection (2), a decision, order or direction in relation
to which a right of review exists continues to operate despite that right of
review or the commencement of review proceedings.
(2) Section 70(2)—delete "appropriate appellate authority" and
substitute:
Court
(3) Section 70(2)(a)—delete "against which an appeal has been
commenced" and substitute:
in relation to which an application for review has been made
(4) Section 70(3)—delete subsection (3)
79—Amendment
of section 70A—Procedure in relation to criminal
intelligence
Section 70A—delete "or the Authority"
80—Amendment
of section 73BA—Gamblers Rehabilitation Fund
Section 73BA(10)—delete "or the Authority" wherever
occurring
81—Substitution
of sections 74 and 74A
Sections 74 and 74A—delete the sections and substitute:
74—Annual report
(1) The Commissioner must, on or before 30 September in each year, prepare
and submit to the Minister a report on the performance of the Commissioner's
functions under this Act during the preceding financial year.
(2) A report of the Commissioner required under this Act may be combined
with a report of the Commissioner required under any other Act (provided that
such reports relate to the same period).
(3) The Commissioner's report under this section must include the
following information in relation to the financial year to which the report
relates:
(a) the number of expiation notices issued for offences against this
Act;
(b) the number of prosecutions commenced for offences against this
Act.
(4) The Minister must, within 12 sitting days after receiving the
Commissioner's report, have copies of the report laid before both Houses of
Parliament.
82—Amendment
of section 76—Power to refuse to pay winnings
Section 76(3)—delete "appealable" and substitute:
reviewable
83—Amendment
of section 82—Service
Section 82(1aa)—delete "or the Authority" wherever
occurring
84—Amendment
of section 87—Regulations
(1) Section 87(4)—delete ", the Authority"
(2) Section
87—after subsection (4) insert:
(4a) The regulations may make provisions of a saving or transitional
nature consequent on the enactment of any amendments to this Act or on the
commencement of specified provisions of this Act or on the making of regulations
under this Act.
(1) A matter prescribed by the Independent Gambling Authority under
section 10A of the
Gaming
Machines Act 1992
as in force immediately before the commencement of this section continues
in force as if it were prescribed by the Commissioner.
(2) A notice of recognition given by the Independent Gambling Authority
under section 10B of the
Gaming
Machines Act 1992
as in force immediately before the commencement of this section continues
in force as if it had been given by the Commissioner.
(3) A direction given by the Independent Gambling Authority under section
11 of the
Gaming
Machines Act 1992
as in force immediately before the commencement of this section continues
in force as if it had been given by the Commissioner.
(4) If an appeal has been commenced but not finally determined by the
Independent Gambling Authority under section 69(2) of the
Gaming
Machines Act 1992
before the commencement of
section 77
of this Act, the appeal may be continued and completed by the Court as if
it had been commenced (as proceedings for a review) under section 69(2) as in
force after the commencement of
section 77
.
(5) The provisions of this section are subject to any regulations made
under section 87(4a) of the
Gaming
Machines Act 1992
(as in force after the commencement of
section 84(2)
).
(6) In this section—
Commissioner has the same meaning as in the
Gaming
Machines Act 1992
;
Court means the Licensing Court of South Australia;
Independent Gambling Authority means the Independent Gambling
Authority established under the
Independent
Gambling Authority Act 1995
as in force immediately before the commencement of this section.
Part 7—Amendment
of Independent Gambling Authority
Act 1995
Long title—delete "establish the Independent Gambling Authority and
to provide for its powers and functions" and substitute:
give certain powers and functions to the Liquor and Gambling Commissioner
to regulate and control gambling activities in the State
87—Amendment
of section 1—Short title
Section 1—delete "Independent Gambling Authority" and
substitute:
Gambling Administration
After section 1 insert:
2—Purpose and objectives
(1) The main purpose of this Act is to consolidate various regulatory
functions and powers relating to different forms of gambling in the
State.
(2) The main objectives of this Act are—
(a) the fostering of responsibility in gambling and, in particular, the
minimising of harm caused by gambling, recognising the positive and negative
impacts of gambling on communities; and
(b) the maintenance of an economically viable and socially responsible
gambling industry (including an economically viable and socially responsible
club and hotel gaming machine industry) in this State.
89—Amendment
of section 3—Interpretation
(1) Section 3, definition of Authority—delete the
definition and substitute:
Advisory Council means the Gambling Advisory Council
established under Part 2A;
(2) Section 3, definition of prescribed Act—delete the
definition and substitute:
prescribed Act means each of the following:
(a) the
Authorised
Betting Operations Act 2000
;
(b) the
Casino
Act 1997
;
(c) the
Gaming
Machines Act 1992
;
(d) the
Problem
Gambling Family Protection Orders Act 2004
;
(e) any other Act prescribed by regulation;
(3) Section 3—after the definition of proceedings
insert:
welfare agency means the administrative unit of the Public
Service that is, under a Minister responsible for the administration of the
Family
and Community Services Act 1972
, responsible for performing functions in relation to the Gamblers
Rehabilitation Fund (established under section 73BA of the
Gaming
Machines Act 1992
).
Part 2—delete the Part and substitute:
Part 2—Functions of
Commissioner
4—Functions and powers of
Commissioner
(1) The Commissioner has the following functions:
(a) to develop and promote strategies for reducing the incidence of
problem gambling and for preventing or minimising the harm caused by gambling;
and
(b) to undertake, assist in or co-ordinate ongoing research into matters
relevant to gambling and the Commissioner's functions relating to gambling,
including research into—
(i) the social and economic costs and benefits to the community of
gambling and the gambling industry; and
(ii) the likely impact, both negative and positive, on the community of
any new gambling product or gambling activity that might be introduced by any
section of the gambling industry; and
(iii) strategies for reducing the incidence of problem gambling and
preventing or minimising the harm caused by gambling; and
(iv) any other matter directed by the Minister; and
(c) to provide a proactive whole-of-industry and client-centric responsive
approach to the promotion of responsible gambling practices and the prevention
or minimisation of harm caused by gambling; and
(d) to ensure that an effective and efficient system of supervision is
established and maintained over the operations of licensees under prescribed
Acts; and
(e) to conduct consumer and licensee education campaigns and publish
advertisements directed at reducing the incidence of problem gambling and for
preventing or minimising the harm caused by gambling; and
(f) to encourage the gambling industry and related professional
associations to disseminate to their members, and enforce compliance with,
mandatory responsible gambling and advertising codes of practice; and
(g) to publish reports and disseminate statistical information on matters
relating to the operation of licensees under prescribed Acts; and
(h) to consider representations from, and give consideration to matters
identified by, the Advisory Council or the welfare agency relating to the
incidence of problem gambling or measures for preventing or minimising the harm
caused by gambling; and
(i) to advise, and make recommendations to, the Minister on matters
relating to the operations of licensees under prescribed Acts or on any aspect
of the operation, administration or enforcement of prescribed Acts;
and
(j) to perform other functions assigned to the Commissioner under this Act
or a prescribed Act or by the Minister.
(2) The Commissioner has power to do anything that is necessary for, or
incidental to, the performance of the Commissioner's functions.
Note—
For other provisions relevant to the Commissioner see also Part 2 Division
1 of the
Liquor
Licensing Act 1997
which includes, for example, a power of delegation.
Part 2A—Gambling Advisory
Council
5—Establishment of Advisory
Council
(1) The Gambling Advisory Council is established.
(2) The Advisory Council is to consist of—
(a) the Commissioner or a nominee of the Commissioner; and
(b) the following members, appointed, from time to time, by the
Commissioner on terms and conditions determined by the Commissioner:
(i) a nominee of the welfare agency;
(ii) such other members as the Commissioner thinks appropriate so as to be
representative of charitable, gambling support or social welfare organisations,
the gambling industry and government.
(3) The functions of the Advisory Council are—
(a) to assist the Commissioner in formulating, and advise the Commissioner
on implementing, policies and legislative proposals affecting—
(i) the minimisation of harm caused by (and associated with) gambling,
recognising the positive and negative impacts of gambling on communities;
and
(ii) the maintenance of a socially responsible gambling industry;
and
(b) to provide a forum for the exchange of information and views between
industry, welfare and government sectors concerning issues relating to
responsible gambling and harm-minimisation practices; and
(c) to consider other matters referred to the Advisory Council by the
Commissioner.
6—Proceedings
The procedures to be observed by the Advisory Council in relation to the
conduct of its business will be—
(a) as determined
by the Commissioner; or
(b) insofar as a procedure is not determined under
paragraph (a)
—as determined by the Advisory Council.
7—Use of staff and facilities
The Advisory Council may, by agreement with the Minister responsible for an
administrative unit in the Public Service, make use of the services of the
staff, equipment or facilities of that administrative unit.
8—Committees
(1) The Advisory Council may establish such committees as it thinks fit to
assist it in the performance of its functions.
(2) The membership of a committee will be determined by the Advisory
Council and may, but need not, consist of or include members of the Advisory
Council.
(3) The procedures to be observed by a committee in relation to the
conduct of its business will be—
(a) as determined
by the Advisory Council;
(b) insofar as a procedure is not determined under
paragraph (a)
—as determined by the committee.
91—Substitution
of heading to Part 3
Heading to Part 3—delete the heading and substitute:
Part 3—Inquiries and other
proceedings
Section 12—delete the section
93—Amendment
of section 13—Inquiries by Commissioner
(1) Section 13—delete "Authority" wherever occurring and substitute
in each case:
Commissioner
(2) Section 13(1)(a)—delete "it considers it necessary or desirable
to do so for the purpose of carrying out its" and substitute:
the Commissioner considers it necessary or desirable to do so for the
purpose of carrying out the Commissioner's
94—Amendment
of section 14—Powers and procedures of Commissioner
(1) Section 14—delete "Authority" wherever occurring and substitute
in each case:
Commissioner
(2) Section 14(1)—delete "its functions" and substitute:
any functions
(3) Section 14(1)(c)—delete "it and retain them for such reasonable
period as it" and substitute:
the Commissioner and retain them for such reasonable period as the
Commissioner
(4) Section 14(1)(e)—delete "any member of"
(5) Section 14(2)(c)—delete "or any member of the
Authority"
(6) Section 14(6)—delete subsection (6) and substitute:
(6) The Commissioner may conduct proceedings at any time and in any place
(including a place outside this State) and may adjourn any proceedings from time
to time and from place to place.
(7) Section 14(7)(a)—delete "it" and substitute:
the Commissioner
(8) Section 14(7)(b)—delete "its discretion it" and
substitute:
the Commissioner's discretion the Commissioner
(9) Section 14—after subsection (7) insert:
(8) The Commissioner may—
(a) conduct any proceedings by telephone or other electronic means;
and
(b) allow a person to participate in any proceedings by telephone or other
electronic means.
95—Amendment
of section 15—Representation before Commissioner
(1) Section 15—delete "Authority" wherever occurring and substitute
in each case:
Commissioner
(2) Section 15—after subsection (2) insert:
(3) The welfare agency may be represented before the
Commissioner—
(a) by a member of the welfare agency; or
(b) by counsel.
96—Amendment
of section 15C—Barring orders
Section 15C(1), (4), (6), (7) and (8)—delete "Authority" wherever
occurring and substitute in each case:
Commissioner
97—Amendment
of section 15D—Variation or revocation of barring
order
Section 15D—delete "Authority" wherever occurring and substitute in
each case:
Commissioner
98—Amendment
of section 15E—Notice of barring order etc
Section 15E(4) and (5)—delete "Authority" wherever occurring and
substitute in each case:
Commissioner
99—Amendment
of section 15G—Review of barring order by gambling
provider
Section 15G(1) and (2)—delete "Authority" wherever occurring and
substitute in each case:
Commissioner
100—Amendment
of section 15H—Reconsideration of barring order by
Commissioner
(1) Section 15H(1), (2), (3) and (4)—delete "Authority" wherever
occurring and substitute in each case:
Commissioner
(2) Section 15H(1)—delete "its decision" and substitute:
the decision
101—Amendment
of sections 15L and 15M
Sections 15L and 15M—delete "Authority" wherever occurring and
substitute in each case:
Commissioner
102—Amendment
of section 16—Participation in gambling
Section 16—delete "A member of the Authority or the Commissioner must
not engage in a gambling activity to which the Authority's" and
substitute:
The Commissioner, and any person of a class prescribed by the regulations,
must not engage in a gambling activity to which the Commissioner's
103—Amendment
of section 17—Confidentiality
(1) Section 17(1)—delete "A member or former member of the Authority
or of a committee established by the Authority, the Commissioner or a former
Commissioner or any officer or employee engaged or formerly engaged in
administration or enforcement of this Act or a prescribed Act" and
substitute:
The Commissioner or a person who is or has been engaged in the
administration or enforcement of this Act or a prescribed Act, or who is or has
been a member of the Advisory Council or any other body or committee
established, at any time, under this Act (including the former Independent
Gambling Authority or a committee established by that Authority)
(2) Section 17(3)(b)—delete "or the Authority"
104—Repeal
of sections 18 and 19
Sections 18 and 19—delete the sections
105—Amendment
of section 20—Regulations
Section 20—after its present contents (now to be designated as
subsection (1)) insert:
(2) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) make provisions of a saving or transitional nature consequent on the
enactment of any amendments to this Act or on the commencement of specified
provisions of this Act or on the making of regulations under this Act;
and
(d) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the
Commissioner or another person.
The Attorney-General must, as soon as practicable after the enactment of
this Act, undertake a review of the functions of the Commissioner and the
Gambling Advisory Council under any Act (as amended by this Act) with a view to
achieving greater consistency in regulatory requirements and processes
applicable to the gambling industry.
(1) All members of
the Independent Gambling Authority cease to hold office on the commencement of
this subsection.
(2) All assets, rights and liabilities of the Independent Gambling
Authority are, on the commencement of this subsection, transferred to the
Attorney-General.
(3) After the commencement of
subsection (1)
, a reference in any instrument, contract, agreement or other document to
the Independent Gambling Authority will have effect as if it were a reference to
the Commissioner.
(4) If an inquiry being conducted by the Independent Gambling Authority
under Part 3 of the
Independent
Gambling Authority Act 1995
(as in force before the commencement of
subsection (1)
) has not been completed before the commencement of
subsection (1)
, that inquiry—
(a) may be continued and completed by the Commissioner as if it had been
commenced under Part 3 of the
Gambling
Administration Act 1995
as in force after the commencement of
subsection (1)
; or
(b) may be suspended or discontinued by the Commissioner.
(5) A barring order in force under Part 4 of the
Independent
Gambling Authority Act 1995
(as in force before the commencement of
subsection (1)
) continues in force as if it had been made under Part 4 of the
Gambling
Administration Act 1995
(as in force after the commencement of
subsection (1)
).
(6) The Register maintained by the Independent Gambling Authority under
Part 4 of the
Independent
Gambling Authority Act 1995
(as in force before the commencement of
subsection (1)
) continues as the Register maintained by the Commissioner under
Part 4 of the
Gambling
Administration Act 1995
(as in force after the commencement of
subsection (1)
).
(7) The Commissioner may exempt a person from a requirement under the
Gambling
Administration Act 1995
or a prescribed Act if satisfied that the exemption is necessary or
appropriate to avoid a duplication of requirements, or an inconsistency in
applicable requirements, arising as a consequence of amendments enacted by this
Act (and such exemption may be subject to any conditions specified in the
instrument of exemption).
(8) The provisions of this section are subject to any regulations made
under section 20(2)(c) of the
Gambling
Administration Act 1995
(as in force after the commencement of
section 105
).
(9) In this section—
Commissioner has the same meaning as in the
Gambling
Administration Act 1995
;
Independent Gambling Authority means the Independent Gambling
Authority established under the
Independent
Gambling Authority Act 1995
(as in force before the commencement of
subsection (1)
);
prescribed Act has the same meaning as in the
Gambling
Administration Act 1995
.
Part 8—Amendment
of Intervention Orders (Prevention of Abuse)
Act 2009
108—Amendment
of section 3—Interpretation
Section 3(1)—after the definition of cognitive
impairment insert:
Commissioner has the same meaning as in the
Gambling
Administration Act 1995
;
109—Amendment
of section 24—Problem gambling order
Section 24(1) and (5)(b)(i)(A)—delete "Independent Gambling
Authority" wherever occurring and substitute in each case:
Commissioner
110—Amendment
of section 27—Problem gambling orders
Section 27(2)—delete "Independent Gambling Authority" and
substitute:
Commissioner
Part 9—Amendment
of Land Tax
Act 1936
Section 8—delete the section
112—Amendment
of section 8A—Scales of land tax
(1) Section 8A(1), (2) and (3)—delete subsections (1), (2) and (3)
and substitute:
(1) Land tax for the 2020/2021 financial year, and for each subsequent
financial year, is calculated on the basis of the taxable value of the land in
accordance with the following table:
|
Taxable value of land |
Amount of tax |
|---|---|
|
Not exceeding Threshold A |
Nil |
|
Exceeding Threshold A but not exceeding Threshold B |
$0.50 for every $100 or fractional part of $100 over
Threshold A |
|
Exceeding Threshold B but not exceeding Threshold C |
LT (TB) plus $1.65 for every $100 or fractional part of $100 over
Threshold B |
|
Exceeding Threshold C but not exceeding Threshold D |
LT (TC) plus $2.40 for every $100 or fractional part of $100 over
Threshold C |
|
Exceeding Threshold D but not exceeding Threshold E |
LT (TD) plus $2.90 for every $100 or fractional part of $100 over
Threshold D |
|
Exceeding Threshold E |
LT (TE) plus $3.70 for every $100 or fractional part of $100 over
Threshold E |
(2) For the
2020/2021 financial year, the thresholds will be as follows:
|
Threshold |
Amount |
|---|---|
|
Threshold A |
$450 000 |
|
Threshold B |
$550 000 (the unadjusted 2010/2011 amount) adjusted in
accordance with
subsection (2a) |
|
|
Threshold C
$800 000 (the unadjusted 2010/2011 amount) adjusted in
accordance with
subsection (2a)
|
|
Threshold D
$1 000 000 (the unadjusted 2010/2011 amount)
adjusted in accordance with
subsection (2a)
|
|
Threshold E
$5 000 000
(2a) An amount
described as an "unadjusted 2010/2011 amount" in the table in
subsection (2)
is to be adjusted according to the following formula (to take into account
increases in the site value of land occurring since the thresholds were last set
in relation to the 2010/2011 financial year):
where—
|
Threshold2020 |
represents the adjusted threshold for the 2020/2021 financial
year |
|
Threshold1 |
represents the unadjusted 2010/2011 amount |
|
Index
value2020 |
= Index value2019 x (1 + average
percentage change in site values for the 2020/2021 financial year) |
|
|
where Index
value2019 is the Index
value for the 2019/2020 financial year determined in accordance with this
section as in force immediately before the commencement of this subsection,
Index value2020 is
the Index value for the 2020/2021 financial year and the average percentage
change in site values for that financial year is determined under subsection
(4). |
(3) Subject to this
section, for each financial year after the 2020/2021 financial year
(year x), each of the thresholds will be adjusted to take
into account increases in the site value of land according to the following
formula:
where—
|
Thresholdyear x |
represents each of the thresholds for the relevant financial year
(year x) |
|
Threshold1 |
represents each of the relevant thresholds set out in
subsection (2) |
|
for the 2020/2021 financial year |
|
|
Index valueyear
x |
= Index valueyear x-1 x (1 + Avg
percentage change in site valuesyear
x) |
|
|
where Index
valueyear x is the
Index value for the relevant financial year (year x) and the
average percentage change in site values for that financial year is determined
under subsection (4), and with the Index value for the 2020/2021 financial year
being 1. |
(2) Section 8A(4)—delete "subsection (3)" and substitute:
subsections (2a) and (3)
(3) Section 8A(5)—delete subsection (5) and substitute:
(4a) If, after applying subsection (4) to determine the Index value for
the 2020/2021 financial year under subsection (2a), the result would be an Index
value for that year that would be less than or equal to the Index value that
applied for the 2019/2020 financial year or a preceding financial year, the
adjusted thresholds for the 2020/2021 financial year will be taken to be the
thresholds that applied for the 2019/2020 financial year.
(5) If, after applying subsection (4) to determine the Index value for a
particular financial year after the 2020/2021 financial year
(year x) under subsection (3), the result would be an Index
value for year x that would be less than or equal to an Index value that
has applied for the 2020/2021 financial year or a subsequent financial year
occurring before year x, the thresholds for year x will remain unchanged (so as
to be equal to the year x-1 amounts).
(4) Section 8A(10)—after the definition of LT (TD)
insert:
LT (TE) means the land tax payable with respect to land with
a taxable value equal to Threshold E.
Part 10—Amendment
of Liquor Licensing
Act 1997
113—Amendment
of section 9—Inspectors and other officers
(1) Section 9(1)—after "this Act" insert:
and any other Acts under which the Commissioner exercises functions and
powers
(2) Section 9(2)—delete "this Act" and substitute:
an Act
114—Amendment
of section 10—Delegation
Section 10(2)—after paragraph (c) insert:
and
(d) may, if the instrument of delegation so provides, be further
delegated.
115—Amendment
of section 138—Regulations
Section 138—after subsection (1a) insert:
(1b) The regulations may (without limiting any other provision of this
section or section 50A) prescribe differential fees, or provide for a discount
on or reduction of any fees, for licences under this Act based on any factor
including, for example, the geographical location of licensed premises or
whether the licensee holds any other licence under this Act or under the
Gaming
Machines Act 1992
.
Part 11—Amendment
of Local Government
Act 1999
116—Amendment
of section 294—Power to enter and occupy land in connection with an
activity
(1) Section 294(7)(a)—delete paragraph (a)
(2) Section 294(7a)(b) to (d)—delete paragraphs (b) to (d)
(inclusive)
(3) Section 294(7a)(e)—delete "sections 17G and" and
substitute:
section
(4) Section 294(7b)(b)—delete paragraph (b)
(5) Section 294(8), definitions of designated amount,
prescribed amount and prescribed fund—delete
the definitions
principal Act means the
Local
Government Act 1999
.
(2) The amendments to section 294 of the principal Act effected by this
Act do not affect—
(a) any liability
of a council to pay royalty on extractive minerals for the 2018/2019 financial
year, or for any preceding financial year (and that section will be taken to
continue to apply in relation to such a liability as if it had not been
amended); or
(b) any requirement to pay the designated amount on account of a royalty
referred to in
paragraph (a)
into the prescribed fund (and that section will be taken to continue to
apply in relation to such a requirement as if it had not been
amended).
Part 12—Amendment
of Mining Act 1971
118—Amendment
of section 17A—Reduced royalty for new mines
(1) Section 17A—after subsection (1) insert:
(1a) An application may not be made by a person under subsection (1) on or
after 1 July 2020.
(2) Section 17A(2)—delete "the period of 5 years commencing on the
date on which the first royalty payment under this Act is due and payable" and
substitute:
the prescribed period
(3) Section 17A—after subsection (2) insert:
(2a) In subsection (2), the prescribed period is the period
commencing on the day on which the first royalty payment under this Act is due
and payable and ending—
(a) on the day falling 5 years after that day; or
(b) on 30 June 2026,
whichever occurs first.
Part 13—Amendment
of Payroll Tax
Act 2009
119—Amendment
of section 29—Motor vehicle allowances
(1) Section 29(7)(a)—delete paragraph (a) and substitute:
(a) the rate determined by legislative instrument under section 28-25
of the ITAA for calculating a deduction for car expenses using the "cents per
kilometre method" in the financial year immediately preceding the financial year
in which the allowance is paid or payable; or
(ab) if there is more than 1 rate under the determination referred to in
paragraph (a), the highest of those rates, or
(2) Section 29(7)(b)—delete "prescribed" (first occurring) and
substitute:
determined
120—Amendment
of section 32—What is a relevant contract?
(1) Section 32(2)(c)—delete ", unless the Commissioner determines
that the contract or arrangement under which the services are so supplied was
entered into with an intention either directly or indirectly of avoiding or
evading the payment of tax by any person"
(2) Section 32(2)(d)(i)—after "services" insert:
solely for or
(3) Section 32(2)(d)—delete ", unless the Commissioner determines
that the contract or arrangement under which the services are so supplied was
entered into with an intention either directly or indirectly of avoiding or
evading the payment of tax by any person"
(4) Section 32—after subsection (2) insert:
(2a) Subsection (2)(a), (2)(b)(i), (2)(b)(iv) or (2)(d) does not
apply to a contract under which services not referred to in that subsection are
supplied in addition to services referred to in that subsection.
(2b) Subsection (2)(b)(ii) or (iii) does not apply to—
(a) a contract under which services not referred to in that subsection are
supplied in addition to services referred to in that subsection; or
(b) a contract under which services referred to in that subsection are
provided for a period exceeding a period referred to in that
subsection.
(2c) Subsection (2)(c) does not apply to a contract under which work is
performed in a manner other than a manner referred to in that subsection, in
addition to work performed in a manner referred to in that subsection.
(2d) Subsection (2) does not apply if the Commissioner determines that the
contract under which the services are supplied was entered into with an
intention either directly or indirectly of avoiding or evading the payment of
tax by any person.
(1) Section 32 of the principal Act, as amended by
section 120
of this Act, applies in respect of work performed on or after
1 July 2018 irrespective of when amounts are paid or become payable in
respect of the work.
(2) Section 32 of the principal Act, as in force immediately before the
commencement of
section 120
of this Act, continues to apply in respect of work performed before
1 July 2018 irrespective of when amounts are paid or become payable in
respect of the work.
(3) In this section—
principal Act means the
Payroll
Tax Act 2009
.
Part 14—Amendment
of Problem Gambling Family Protection Orders
Act 2004
122—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of Authority—delete the
definition
(2) Section 3(1)—after the definition of close personal
relationship insert:
Commissioner has the same meaning as in the
Gambling
Administration Act 1995
;
123—Amendment
of section 7—Complaints
Section 7(5)—delete subsection (5) and substitute:
(5) On the making of a complaint, the Commissioner may exercise any powers
vested in the Commissioner under the
Gambling
Administration Act 1995
.
124—Amendment
of section 9—Making problem gambling family protection order in
respondent's absence
Section 9(8)—delete subsection (8)
125—Substitution
of section 11
Section 11—delete the section and substitute:
11—Conduct of proceedings
(1) In proceedings under this Act the Commissioner may exercise any powers
vested in the Commissioner under the
Gambling
Administration Act 1995
.
(2) The Commissioner may refer a question of law arising in proceedings
under this Act to the Court.
(3) In proceedings under this Act, the Commissioner is to decide questions
of fact on the balance of probabilities.
(4) The Commissioner is not bound by rules of evidence but may inform
himself or herself in such manner as the Commissioner thinks fit.
(5) If, as a result of proceedings under this Act, the Commissioner is
satisfied that it would be appropriate to make an order under Part 4 of the
Gambling
Administration Act 1995
instead of, or in addition to, an order under this Act, the Commissioner
may make such an order.
126—Amendment
of section 13—Notification of orders by Commissioner
Section 13(3)—delete "
Independent
Gambling Authority Act 1995
" and substitute:
Gambling
Administration Act 1995
127—Amendment
of section 15—Removal of respondent barred from certain
premises
Section 15—delete "
Independent
Gambling Authority Act 1995
" and substitute:
Gambling
Administration Act 1995
128—Substitution
of section 18
Section 18—delete the section and substitute:
18—Regulations
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) make provisions of a saving or transitional nature consequent on the
enactment of any amendments to this Act or on the commencement of specified
provisions of this Act or on the making of regulations under this Act;
and
(d) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the
Commissioner or another person.
Whole Act—delete all remaining references to "Authority" wherever
occurring and substitute in each case:
Commissioner
(1) An order made by the Independent Gambling Authority and in force under
the
Problem
Gambling Family Protection Orders Act 2004
immediately before the commencement of this Part continues in force as if
it had been made under that Act as in force after the commencement of this
Part.
(2) If any proceedings have been commenced but not finally determined by
the Independent Gambling Authority under the
Problem
Gambling Family Protection Orders Act 2004
before the commencement of this Part, the proceedings may be continued and
completed by the Commissioner as if it they had been commenced under that Act as
in force after the commencement of this Part.
(3) The provisions of this section are subject to any regulations made
under section 18(2)(c) of the
Problem
Gambling Family Protection Orders Act 2004
(as in force after the commencement of
section 128
).
Part 15—Repeal
of Racing (Proprietary Business Licensing)
Act 2000
The
Racing
(Proprietary Business Licensing) Act 2000
is repealed.
Part 16—Amendment
of Real Property
Act 1886
132—Amendment
of section 277—Regulations
(1) Section 277(2)(b)—delete "provide for and prescribe" and
substitute:
prescribe, and provide for the payment, recovery, waiver, reduction or
refund of,
(2) Section 277(4)—delete subsection (4) and substitute:
(3a) An unpaid fee or charge for registering a transfer of land is, until
payment, a first charge in respect of the land.
(4) A regulation prescribing fees or charges for registering a transfer of
land may also provide that the Registrar-General may—
(a) recover an amount (including interest) as a debt if the
Registrar-General determines, having regard to the capital value of land as
determined by the Valuer-General or any other relevant information, that the
value of the transferred land at the time of the transfer was higher than the
value of the transferred land used as the basis for calculating the fee or
charge; or
(b) refund an amount if the Registrar-General determines, having regard to
the capital value of land as determined by the Valuer-General or any other
relevant information, that the value of the transferred land at the time of the
transfer was lower than the value of the transferred land used as the basis for
calculating the fee or charge.
Part 17—Amendment
of Stamp Duties Act 1923 that takes
effect on assent
133—Amendment
of section 71CC—Interfamilial transfer of farming
property
(1) Section 71CC(1)—delete subsection (1) and substitute:
(1) A transfer of
an interest in land used for the business of primary production is exempt from
stamp duty if a familial relationship exists between the transferor and the
transferee and the Commissioner is satisfied—
(a) that the land to which the transfer relates is used wholly or mainly
for the business of primary production and is not less than 0.8 hectares in
area; and
(b) that the sole or principal business of—
(i) the natural person who, or whose trustee, is the transferor;
or
(ii) if the transferor is a company, at least 1 shareholder of the
company,
is (immediately before the instrument) the business of primary production;
and
(c) that for a
period of 12 months immediately before the instrument there was a business
relationship between—
(i) at least 1 of the shareholders of the company or natural person (A)
who, or whose trustee, is the transferor; and
(ii) at least 1 of the shareholders of the company or natural person (B)
who, or whose trustee, is the transferee, or a lineal ancestor or spouse or
domestic partner of B,
with respect to the use of the property for the business of primary
production; and
(d) in the case of a transfer where either or both parties are trustees,
that no person is a beneficiary of the trust or trusts other
than—
(i) the natural person (A) who, or whose trustee, is transferor;
or
(ii) the natural person (B) who, or whose trustee, is transferee;
or
(iii) a relative (or relatives) of A or B; and
(e) that the transfer does not arise from arrangements or a scheme devised
for the principal purpose of taking advantage of the benefit of this
section.
(1aaa) For the purposes of
subsection (1)
, a familial relationship exists between a transferor and a transferee
if—
(a) the transferor is a natural person, or a trustee for a natural person,
and the transferee is a relative of, or a trustee for a relative of, that
natural person; or
(b) the transferor is a natural person, or a trustee for a natural person,
and the transferee is a family company the shareholders of which are relatives
of that natural person; or
(c) the transferor is a family company and the transferee is a relative of
the shareholders of the company, or a trustee for a relative of the shareholders
of the company; or
(d) the transferor and the transferee are family companies and the
shareholders of the transferor are relatives of the shareholders of the
transferee.
(2) Section 71CC(5)—before the definition of natural
person insert:
family company—a company is a family company if each
shareholder of the company is a relative of all other shareholders of the
company;
The amendments made by
section 133
to section 71CC of the
Stamp
Duties Act 1923
apply only in relation to instruments executed after the commencement of
this Part.
Part 18—Amendment
of Stamp Duties Act 1923 taken to have
effect from 1 January 2018
135—Amendment
of section 32—Interpretation
Section 32(1)—after the definition of life insurer
insert:
multi-peril crop insurance means insurance covering the total
or partial loss of crops resulting from drought (whether or not the policy under
which the insurance is provided also covers loss resulting from other
perils);
136—Amendment
of section 36—Certain premiums exempt from duty
Section 36—after paragraph (i) insert:
(j) a premium received or charged in respect of multi-peril crop insurance
where the policy under which the premium is payable commenced on or after 1
January 2018.
Part 19—Amendment
of Stamp Duties Act 1923 that takes
effect on day fixed by proclamation
137—Amendment
of section 2—Interpretation
(1) Section 2(1)—after the definition of stamp
insert:
stamp duty certificate means a certificate issued under
section 3E in relation to an instrument;
(2) Section 2(13)—delete subsection (13) and substitute:
(13) A requirement under this Act for an instrument to be duly stamped
will be taken to be satisfied if—
(a) the Commissioner has issued a stamp duty certificate certifying as to
the payment of duty in respect of the instrument; and
(b) a stamp duty identification number appears on the
instrument,
and such instrument will, for the purposes of the law of the State, be
treated in the same way as an instrument that has been duly stamped.
(13a) If—
(a) the Commissioner has issued a stamp duty certificate certifying that
an instrument has been assessed as not chargeable with duty; and
(b) a stamp duty identification number appears on the
instrument,
the instrument will, for the purposes of the law of the State, be treated
in the same way as an instrument that has been stamped by the Commissioner with
a stamp denoting that it is not chargeable with duty.
138—Insertion
of Part 1 Division 4
After section 3D insert:
Division 4—Stamp duty
certificates
3E—Commissioner may issue stamp duty
certificate
(1) The Commissioner may, by notice published on a website determined by
the Commissioner, determine classes of instruments that may be the subject of an
application under this section.
(2) The Commissioner may, on application by a person made in accordance
with any requirements of the Commissioner, issue a certificate (a stamp
duty certificate)—
(a) certifying as to the payment of duty in respect of an instrument
identified in the certificate; or
(b) certifying that the instrument has been assessed as not chargeable
with duty.
(3) A stamp duty certificate must include the stamp duty identification
number that is to appear on the instrument and may include any other information
the Commissioner thinks fit.
Section 2(13) of the
Stamp
Duties Act 1923
, as in force immediately before the commencement of
section 137
of this Act, continues to apply in relation to dutiable instruments
described in that provision that are executed before the commencement of that
section.
Part 20—Amendment
of State Lotteries
Act 1966
140—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of Authority—delete the
definition
(2) Section 3(1)—after the definition of foreign lotteries
body insert:
Liquor and Gambling Commissioner means the person for the
time being holding or acting in the office of the Liquor and Gambling
Commissioner under the
Liquor
Licensing Act 1997
(or the Commissioner's delegate);
141—Amendment
of section 13B—Codes of practice etc
(1) Section 13B—delete "Authority" wherever occurring and substitute
in each case:
Liquor and Gambling Commissioner
(2) Section 13B(2)(b)—delete "
Independent
Gambling Authority Act 1995
" and substitute:
Gambling
Administration Act 1995
(3) Section 13B(5)—delete subsection (5)
(1) A notice prescribing a code of practice or requirements for systems
and procedures published by the Authority and in force under section 13B of the
State
Lotteries Act 1966
as in force immediately before the commencement of this section continues
in force as if it had been published under that Act as in force after the
commencement of this section.
(2) In this section—
Authority means the Independent Gambling Authority
established under the
Independent
Gambling Authority Act 1995
(as in force immediately before the commencement of this
section).
Part 21—Amendment
of Taxation Administration
Act 1996
143—Amendment
of section 78—Permitted disclosure in particular circumstances or to
particular persons
Section 78(e)—after "under" insert:
this Act or
144—Amendment
of section 80—Prohibition of disclosures by other
persons
Section 80(c)—delete "this Division" and substitute:
this Part
145—Amendment
of section 81—Restriction on power of courts to require
disclosure
Section 81—delete "this Division" and substitute:
this Part
146—Insertion
of Part 9 Division 4
After section 81 insert:
Division 4—Collection of information for disclosure
to Commonwealth
81A—Interpretation
In this Division—
public sector agency has the same meaning as in the
Public
Sector Act 2009
;
reportable information means information that is reportable
by the State to the Commissioner of Taxation of the Commonwealth under
Subdivision 396-B of Division 396 of Part 5-25 of Chapter 5 of Schedule 1 to the
Taxation Administration Act 1953 of the Commonwealth.
81B—Relationship with other
laws
(1) Nothing in this Act or any other Act or law prevents the collection or
disclosure of reportable information in accordance with this Division.
(2) Nothing in this Division prevents the collection or disclosure of
reportable information in accordance with any other provisions of this Act or
any other Act or law.
(3) Information may be collected and disclosed in accordance with this
Division even if—
(a) the information is collected only for the purposes of disclosure to
the Commissioner of Taxation of the Commonwealth and not collected under or in
relation to the administration of any law of the State (except for this
Division); and
(b) the information is not disclosed in connection with the administration
or execution of any law of the State (except for this Division).
81C—Collection and disclosure of reportable
information
(1) The Commissioner or a public sector agency may collect reportable
information.
(2) A public sector agency may disclose reportable information to the
Commissioner.
(3) The Commissioner may disclose reportable information to the
Commissioner of Taxation of the Commonwealth.
81D—Commissioner may direct agency to collect and
disclose
(1) The Commissioner may direct a public sector agency to disclose any
reportable information held by the agency to the Commissioner and may also
direct the public sector agency to collect reportable information for the
purposes of that disclosure.
(2) A public sector agency must make such arrangements as are necessary
for the collection, and disclosure to the Commissioner, of reportable
information, in accordance with the direction of the Commissioner.
81E—How reportable information may be
collected
(1) The
Commissioner or a public sector agency may collect reportable information by
requiring a person providing information for the purposes of a function carried
out under a taxation law, or a law administered by the Minister to whom the
public sector agency is responsible, to provide the reportable
information.
(2) Without
limiting
subsection (1)
, the Commissioner or a public sector agency may require reportable
information to be provided in connection with the lodgment of an instrument,
record or return, or the making of an application, under a taxation law or a law
administered by the Minister to whom the public sector agency is
responsible.
(3) Nothing in this section limits the circumstances in which the
Commissioner or a public sector agency may collect reportable
information.
81F—Enforcement
The provisions of Part 8 (other than sections 48 and 59) and of section 109
extend to a person who is required by the Commissioner or a public sector agency
to provide reportable information under
section 81E(1)
or
(2)
and for that purpose—
(a) a reference in section 55 to a tax officer includes a reference to any
person engaged (whether as an employee or otherwise) in collecting reportable
information in accordance with this Division; and
(b) a reference in any of those sections to a return or record kept or
required under a taxation law includes a reference to the following:
(i) any of the reportable information that the Commissioner or public
sector agency requires the person to provide;
(ii) any document, statement or return that the Commissioner or public
sector agency requires to be lodged in support of that reportable
information.