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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Investigation and Regulation of
Gambling Licensees) Bill 2007
A BILL FOR
An Act to amend the Authorised Betting Operations Act 2000 and
the Casino Act 1997.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Authorised Betting Operations
Act 2000
3 Amendment of section
3—Interpretation
4 Amendment of section
21—Applications
5 Amendment of section 22—Determination of
applications
6 Amendment of section 25—Costs of
investigation
7 Substitution of section 26
26 Results of
investigation
8 Insertion of Part 2 Division 10
Division 10—Recovery of administration
costs
33A Commissioner to recover administration
costs
Part 3—Amendment of Casino
Act 1997
9 Amendment of section
22—Investigations
10 Amendment of section 24—Results of
investigation
11 Amendment of section 25—Costs of
investigation
12 Insertion of Part 5 Division 3
Division 3—Recovery of administration
costs
52A Commissioner to recover administration
costs
Schedule 1—Transitional
provisions
1 Authorised Betting Operations Act—Recovery of
administration costs incurred in 2007/2008
2 Casino Act—Recovery of
administration costs incurred in 2007/2008
The Parliament of South Australia enacts as follows:
This Act may be cited as the Statutes Amendment (Investigation and
Regulation of Gambling Licensees) Act 2007.
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
3—Amendment of
section 3—Interpretation
Section 3(1)—after the definition of compliance notice
insert:
designated person—see section 20;
4—Amendment of
section 21—Applications
(1) Section 21(1)(d)—delete "director or executive officer of the
licensee" and substitute:
designated person in relation to the licensee
(2) Section 21(2)(c)(iii)—delete "director or executive officer of
the licensee" and substitute:
designated person in relation to the licensee
5—Amendment of
section 22—Determination of applications
Section 22(4)—delete subsection (4) and substitute:
(4) The Authority must not approve a person to become a designated person
in relation to the licensee unless satisfied that the person is a suitable
person to become a designated person in relation to the licensee.
6—Amendment of
section 25—Costs of investigation
(1) Section 25(1)—delete subsection (1) and substitute:
(1) If the Authority carries out an investigation under this Part, the
Authority must require—
(a) in the case of an investigation in connection with an
application—the applicant; or
(b) in the case of an investigation in connection with review of the
continued suitability of the licensee or the licensee's close
associates—the licensee,
to meet the cost of the investigation.
(2) Section 25(2)—after "applicant" insert:
or licensee
(3) Section 25(3)—after "made" insert:
by an applicant
(4) Section 25(4)—after "applicant" insert:
or licensee
(5) Section 25(6)—delete "director or executive officer of the
licensee" and substitute:
designated person in relation to the licensee
Section 26—delete the section and substitute:
26—Results of investigation
If the Authority carries out an investigation under this Part, the
Authority must notify the following persons of the results of the
investigation:
(a) the Minister;
(b) in the case of an investigation in connection with an
application—the applicant;
(c) in the case of an investigation in connection with review of the
continued suitability of the licensee or the licensee's close
associates—the licensee.
8—Insertion of
Part 2 Division 10
Part 2—after Division 9 insert:
Division 10—Recovery of administration
costs
33A—Commissioner to recover administration
costs
(1) The Commissioner must, not less than 1 month before the
commencement of each financial year, notify the licensee in writing of the
amount fixed by the Minister as the recoverable administration costs for that
financial year.
(2) If, during the course of the financial year, the Minister varies the
amount fixed as the recoverable administration costs for the financial year, the
Commissioner must notify the licensee in writing of the variation, specifying
the amount fixed as the revised recoverable administration costs for that
financial year.
(3) Subject to subsection (4), the licensee must, in each month of
the financial year, pay to the Commissioner one-twelfth of the amount of the
recoverable administration costs for that financial year.
(4) If a notice is given to the licensee under subsection (2), the
licensee must, in each month of the financial year following that notice, pay to
the Commissioner an amount equal to the revised recoverable administration costs
specified in the notice less the total of the payments that have fallen due
under this section in the financial year, divided by the number of payments yet
to fall due under this section in the financial year.
(5) If the whole or a part of an amount payable by the licensee is not
paid to the Commissioner as required, the amount unpaid may be recovered from
the licensee as a debt due to the State.
(6) In proceedings for recovery of an amount unpaid, the Commissioner's
certificate is to be regarded as conclusive evidence of the recoverable
administration costs or revised recoverable administration costs for the period
specified in the certificate.
(7) In this section—
administration costs means the costs of administering this
Act arising out of, or in connection with, the carrying out of the
Commissioner's administrative and regulatory functions in respect of the
licensee.
Part 3—Amendment
of Casino Act 1997
9—Amendment of
section 22—Investigations
Section 22—delete subsection (2) and substitute:
(2) The Authority must keep under review the continued suitability of the
licensee and the licensee's close associates, and carry out the investigations
it considers necessary for that purpose.
(3) The Authority may obtain from the Commissioner of Police such reports
on persons as it considers necessary for the purposes of investigations and
must, for the purposes of an investigation into an application under this Part,
obtain from the Commissioner of Police a report on anyone whose suitability to
be concerned in or associated with the management and operation of the casino is
to be assessed by the Authority.
10—Amendment of
section 24—Results of investigation
Section 24(1)—delete subsection (1) and substitute:
(1) If the Authority carries out an investigation under this Part, the
Authority must notify the following persons of the results of the
investigation:
(a) the Minister;
(b) in the case of an investigation in connection with an
application—the applicant;
(c) in the case of an investigation in connection with review of the
continued suitability of the licensee or the licensee's close
associates—the licensee.
11—Amendment of
section 25—Costs of investigation
(1) Section 25(1)—delete subsection (1) and substitute:
(1) If the Authority carries out an investigation under this Part, the
Authority must require—
(a) in the case of an investigation in connection with an
application—the applicant; or
(b) in the case of an investigation in connection with review of the
continued suitability of the licensee or the licensee's close
associates—the licensee,
to meet the cost of the investigation.
(2) Section 25(2)—after "applicant" insert:
or licensee
(3) Section 25(3)—after "made" insert:
by an applicant
(4) Section 25(4)—after "applicant" insert:
or licensee
12—Insertion of
Part 5 Division 3
Part 5—after Division 2 insert:
Division 3—Recovery of administration
costs
52A—Commissioner to recover administration
costs
(1) The Commissioner must, not less than 1 month before the
commencement of each financial year, notify the licensee in writing of the
amount fixed by the Minister as the recoverable administration costs for that
financial year.
(2) If, during the course of the financial year, the Minister varies the
amount fixed as the recoverable administration costs for the financial year, the
Commissioner must notify the licensee in writing of the variation, specifying
the amount fixed as the revised recoverable administration costs for that
financial year.
(3) Subject to subsection (4), the licensee must, in each month of
the financial year, pay to the Commissioner one-twelfth of the amount of the
recoverable administration costs for that financial year.
(4) If a notice is given to the licensee under subsection (2), the
licensee must, in each month of the financial year following that notice, pay to
the Commissioner an amount equal to the revised recoverable administration costs
specified in the notice less the total of the payments that have fallen due
under this section in the financial year, divided by the number of payments yet
to fall due under this section in the financial year.
(5) If the whole or a part of an amount payable by the licensee is not
paid to the Commissioner as required, the amount unpaid may be recovered from
the licensee as a debt due to the State.
(6) In proceedings for recovery of an amount unpaid, the Commissioner's
certificate is to be regarded as conclusive evidence of the recoverable
administration costs or revised recoverable administration costs for the period
specified in the certificate.
(7) In this section—
administration costs means the costs of administering this
Act arising out of, or in connection with, the carrying out of the
Commissioner's administrative and regulatory functions in respect of the
licensee.
Schedule
1—Transitional provisions
1—Authorised
Betting Operations Act—Recovery of administration costs incurred in
2007/2008
Section 33A of the Authorised Betting Operations Act 2000 (as
inserted by this Act) is to apply to the financial year
1 July 2007 to 30 June 2008 subject to the following
modifications:
(a) a reference to the financial year is to be read as a reference to the
period commencing on the day on which this Act comes into operation and ending
on 30 June 2008;
(b) subsection (1) is to be read as though it required the notice to be
provided not less than 1 month after the commencement of this
Act;
(c) subsection (3) is to be read as though it required the licensee, in
each month of the financial year, to pay to the Commissioner an amount equal to
the recoverable administration costs for the financial year divided by the
number of months in the financial year following the notice under
subsection (1).
2—Casino
Act—Recovery of administration costs incurred in
2007/2008
Section 52A of the Casino Act 1997 (as inserted by this Act) is
to apply to the financial year 1 July 2007 to 30 June 2008
subject to the following modifications:
(a) a reference to the financial year is to be read as a reference to the
period commencing on the day on which this Act comes into operation and ending
on 30 June 2008;
(b) subsection (1) is to be read as though it required the notice to be
provided not less than 1 month after the commencement of this
Act;
(c) subsection (3) is to be read as though it required the licensee, in
each month of the financial year, to pay to the Commissioner an amount equal to
the recoverable administration costs for the financial year divided by the
number of months in the financial year following the notice under
subsection (1).