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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Gambling Regulation)
Bill 2007
A BILL FOR
An Act to amend the Casino Act 1997 and the Gaming Machines
Act 1992.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Casino
Act 1997
4 Amendment of section 38—Approval of
management systems etc
5 Insertion of section
41E
41E Limitation of gambling hours for gaming
machines
6 Amendment of section 42A—Cash facilities withdrawal
limit
7 Insertion of sections 42AB to 42AF
42AB Limitations
on cash facilities
42AC Coin machines not to be
provided
42AD Offence to provide certain cash
facilities or coin machines within Railway Building on same level as entrance to
casino
42AE Inducements to play gaming machines
prohibited
42AF Promotional
material
8 Amendment of section 42B—Certain gaming machine
facilities prohibited
Part 3—Amendment of Gaming Machines
Act 1992
9 Amendment of section
27—Conditions
10 Amendment of section 51B—Cash facilities
withdrawal limit
11 Insertion of sections 51C and
51D
51C Limitations on cash facilities within licensed
premises
51D Coin machines not to be provided on
licensed premises
12 Insertion of sections 52A to
52C
52A Inducements to bet on gaming machines
prohibited
52B Promotional
material
52C Surveillance
equipment
13 Amendment of section 53A—Prohibition of certain
gaming machine facilities
14 Amendment of Schedule 1—Gaming machine
licence conditions
Schedule 1—Transitional provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Gambling Regulation)
Act 2007.
This Act will come into operation 1 month after the day on which it is
assented to by the Governor.
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 Casino Act 1997
4—Amendment of
section 38—Approval of management systems etc
Section 38—after subsection (2) insert:
(3) It is a condition of the casino licence—
(a) that surveillance tapes (or other electromagnetic records) made in
accordance with the approved systems and procedures be retained for at least 1
month and made available to an authorised officer on request;
(b) that signs approved by the Commissioner stating that an entry or area
is subject to surveillance be prominently displayed at each entrance and area
subject to surveillance.
Before section 42 insert:
41E—Limitation of gambling hours for gaming
machines
It is a condition of the casino licence that the licensee must not operate
or permit the operation of gaming machines on the premises of the casino before
12 noon on any day.
6—Amendment of
section 42A—Cash facilities withdrawal limit
Section 42A—after subsection (4) insert:
(5) This section expires on the prescribed day within the meaning of
section 42AB.
7—Insertion of
sections 42AB to 42AF
After section 42A—insert:
42AB—Limitations on cash
facilities
(1) It is a condition of the casino licence that the licensee must not, on
or after the prescribed day, provide or allow another person to provide, cash
facilities on the premises of the casino that allow a person to obtain cash by
means of those facilities.
(2) For the purposes of subsection (1), an EFTPOS facility will not
be taken to allow a person to obtain cash by means of the facility if a sign is
prominently displayed to persons accessing the facility prohibiting any person
obtaining cash by means of the facility.
(3) It is a condition of the casino licence that the licensee must not, on
or after the prescribed day, provide or allow another person to provide, cash to
a person by means of an EFTPOS facility on the premises of the casino.
(4) In this section—
cash facility means—
(a) an automatic teller machine; or
(b) an EFTPOS facility; or
(c) any other facility, prescribed by the regulations, that enables a
person to gain access to his or her funds or to credit;
prescribed day means the day falling 1 month after the
commencement of this section.
42AC—Coin machines not to be
provided
(1) It is a condition of the casino licence that the licensee must not, on
or after the prescribed day, provide, or allow another person to provide, a
machine on the premises of the casino that dispenses coins in exchange for bank
notes or other coins.
(2) In this section—
prescribed day means the day falling 1 month after the
commencement of this section.
42AD—Offence to provide certain cash facilities or
coin machines within Railway Building on same level as entrance to
casino
(1) A person who, on or after the prescribed day, provides, or allows
another person to provide, on the prescribed premises—
(a) cash facilities that allow a person to obtain cash by means of those
facilities; or
(b) a machine that dispenses coins in exchange for bank notes or other
coins,
is guilty of an offence.
Maximum penalty: $35 000.
(2) In this section—
prescribed day means the day falling 1 month after the
commencement of this section;
prescribed premises means the floor of the building on which
the main public entrance to the casino is located.
42AE—Inducements to play gaming machines
prohibited
It is a condition of the casino licence that the licensee must not offer to
provide or provide a person with any of the following as an inducement to bet,
or to continue to bet, on a gaming machine in the casino:
(a) free cash, or free vouchers or gambling chips that can be used for the
purposes of gambling in the casino or that can be exchanged for cash;
(b) free points or credits on any game or machine played in the
casino;
(c) membership (whether on payment of a fee or not) of a jackpot or other
gambling club;
(d) free, or discounted, food or drink;
(e) free entry in any lottery;
(f) gifts or rewards of any other kind.
42AF—Promotional material
It is a condition of the casino licence that the licensee must not cause or
permit promotional material of any kind relating to the casino, loyalty cards
that may be used in connection with the casino, or gambling to be given or sent
to a person barred from the casino or from taking part in gambling activities
under this or any other Act.
8—Amendment of
section 42B—Certain gaming machine facilities
prohibited
Section 42B—delete subsection (7) and substitute:
(7) It is a condition of the casino licence that the licensee must not, on
or after the prescribed day, provide any gaming machine in the casino unless the
tray or container into which coins are delivered on a winning bet on the
machine, and any associated slide, tube or delivery mechanism, are lined with
felt or treated in some other way designed to reduce the sound of the delivery
of the coins.
(8) In this section—
prescribed day means the day falling 3 months after the
commencement of the subsection in which the expression appears.
Part 3—Amendment
of Gaming Machines
Act 1992
9—Amendment of
section 27—Conditions
Section 27(7)—delete subsection (7)
10—Amendment of
section 51B—Cash facilities withdrawal limit
Section 51B—after subsection (4) insert:
(5) This section expires on the prescribed day within the meaning of
section 51C.
11—Insertion of
sections 51C and 51D
After section 51B—insert:
51C—Limitations on cash facilities within licensed
premises
(1) The holder of a gaming machine licence must not, on or after the
prescribed day, provide or allow another person to provide, cash facilities on
the licensed premises that allow a person to obtain cash by means of those
facilities.
Maximum penalty: $35 000.
(2) For the purposes of subsection (1), an EFTPOS facility will not
be taken to allow a person to obtain cash by means of the facility if a sign is
prominently displayed to persons accessing the facility prohibiting any person
obtaining cash by means of the facility.
(3) The holder of a gaming machine licence is guilty of an offence if, on
or after the prescribed day, cash is provided to a person by means of an EFTPOS
facility on the licensed premises.
Maximum penalty: $35 000.
(4) The Minister may, if there are no other cash facilities within a 3
kilometre radius of the licensed premises, exempt a licensee (conditionally or
unconditionally) from the operation of this section.
(5) A licensee who contravenes a condition of an exemption granted under
subsection (4) is guilty of an offence.
Maximum penalty: $35 000.
(6) This section does not apply to cash facilities in gaming areas (see
section 51A).
(7) In this section—
prescribed day means the day falling 1 month after the
commencement of this section.
51D—Coin machines not to be provided on licensed
premises
(1) The holder of a gaming machine licence must not, on or after the
prescribed day, provide, or allow another person to provide, a machine on the
licensed premises that dispenses coins in exchange for bank notes or other
coins.
Maximum penalty: $35 000.
(2) In this section—
prescribed day means the day falling 1 month after the
commencement of this section.
12—Insertion of
sections 52A to 52C
After section 52 insert:
52A—Inducements to bet on gaming machines
prohibited
The holder of a gaming machine licence must not offer to provide or provide
a person with any of the following as an inducement to bet, or to continue to
bet, on a gaming machine in the licensed premises:
(a) free cash, or free vouchers or tokens of any kind that can be used for
the purposes of making bets on a gaming machine or that can be exchanged for
cash;
(b) free points or credits on any gaming machine;
(c) membership (whether on a payment of a fee or not) of a jackpot or
other gambling club;
(d) free, or discounted, food or drink;
(e) free entry in any lottery;
(f) gifts or rewards of any other kind.
Maximum penalty: $35 000 or imprisonment for 2 years.
52B—Promotional material
The holder of a gaming machine licence must not cause or permit promotional
material of any kind relating to loyalty cards that may be used in connection
with gaming machines or to gambling to be given or sent to a person barred from
the gaming machine area or from taking part in gambling activities under this or
any other Act.
Maximum penalty: $35 000 or imprisonment for 2 years.
52C—Surveillance equipment
(1) The holder of a gaming machine licence must not, on or after the
prescribed day, conduct the gaming operations within a gaming area
unless—
(a) entry to the gaming area and the gaming machines within the area are
subject to surveillance of a kind approved by the Commissioner; and
(b) surveillance tapes (or other electromagnetic records) made in
accordance with the approval are retained for at least 1 month and made
available to an authorised officer on request; and
(c) signs approved by the Commissioner stating that the entrance and
gaming area are subject to surveillance are prominently displayed at each
entrance and area subject to surveillance.
Maximum penalty: $35 000.
(2) In this section—
prescribed day means the day falling 12 months after the
commencement of this section.
13—Amendment of
section 53A—Prohibition of certain gaming machine
facilities
Section 53A—delete subsection (7) and substitute:
(7) The holder of a gaming machine licence must not, on or after the
prescribed day, provide any gaming machine on the licensed premises unless the
tray or container into which coins are delivered on a winning bet on the
machine, and any associated slide, tube or delivery mechanism, are lined with
felt or treated in some other way designed to reduce the sound of the delivery
of the coins.
Maximum penalty: $35 000.
(8) In this section—
prescribed day means the day falling 3 months after the
commencement of the subsection in which the expression appears.
14—Amendment of
Schedule 1—Gaming machine licence conditions
Paragraph (g)—delete the paragraph and substitute:
(g) that the licensee will not conduct the gaming
operations—
(i) on Christmas Day or Good Friday; or
(ii) on any other day—
(A) before 12 noon; or
(B) during a period (after 12 noon) when the licensed premises are not
authorised to be open for the sale of liquor; or
(C) during any other period that falls outside the hours specified in the
licence for the conduct of gaming operations; and
Schedule
1—Transitional provision
The amendment to Schedule 1 of the Gaming Machines Act 1992
effected by section 15 applies in relation to a licence under that Act
whether granted before or after the commencement of that section.