{"id":"gambling-administration-act-2019","name":"Gambling Administration Act 2019","slug":"gambling-administration-act-2019","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":44071,"registerId":"sa-gambling-administration-act-2019-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Gambling Administration Act 2019","content":"South Australia\nGambling Administration Act 2019\nAn Act to regulate and control gambling activities in the State, to repeal the Gambling Administration Act 1995 and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tPurpose and objects of Act\n4\tApplication of Act in relation to gambling Acts\n5\tInterpretation\nPart 2—The Commissioner\nDivision 1—Functions and powers of Commissioner\n6\tFunctions of Commissioner\n7\tInquiries by Commissioner\n8\tGeneral power to obtain information\n9\tPowers to make interim or conditional decisions and accept undertakings from parties\n10\tCommissioner may give directions\nDivision 2—Proceedings before Commissioner\n11\tConduct of proceedings\n12\tPowers of Commissioner\n13\tRepresentation before Commissioner\n14\tPower of Commissioner to refer questions to Court\nDivision 3—Codes of practice\n15\tCodes of practice\n16\tOffence of breach of mandatory provisions of codes\nDivision 4—Gambling administration guidelines\n17\tGambling administration guidelines\nDivision 5—Delegation\n18\tDelegation\nPart 3—Disclosure of information\n19\tDisclosure of information\n20\tDisclosure of statistical information about expenditure on gambling activities\n21\tPublication of determinations—confidential information\n22\tCriminal intelligence\nPart 4—Inspectors\nDivision 1—Inspectors\n23\tAppointment of inspectors\n24\tIdentification of inspectors\nDivision 2—Functions and powers of inspectors\n25\tPurpose of exercising powers of inspectors\n26\tPower to enter and inspect etc\n27\tPower to give directions in relation to gaming operations\n28\tPower to enter and remain in casino premises\n29\tPower to ask for evidence of age\n30\tCommissioner and police officers to exercise same powers as inspectors\nDivision 3—Miscellaneous\n31\tReport to Commissioner\n32\tDealing with seized things\n33\tOffence to hinder or obstruct an inspector etc\n34\tInspectors not to gamble\nPart 5—Disciplinary action against gambling providers\n35\tInterpretation\n36\tCause for disciplinary action\n37\tCompliance notice\n38\tDefault notice\n39\tDisciplinary action\n40\tInjunctive remedies\n41\tPunishment of contempts\n42\tOther proceedings to be taken into account\nPart 6—Barring orders\n43\tInterpretation\n44\tBarring orders\n45\tVariation or revocation of barring order\n46\tNotice of barring order etc\n47\tContravention of barring order\n48\tReconsideration of barring order by Commissioner\n49\tPowers to remove etc\n50\tLiability\n51\tDelegation\n52\tRegister\n53\tWinnings of barred person\nPart 7—Review\n54\tRight of review\n55\tOperation of decisions pending review\n56\tFinality of Governor's decisions\nPart 8—Gambling Advisory Council\n57\tGambling Advisory Council\n58\tProceedings\n59\tUse of staff and facilities\n60\tCommittees\nPart 9—Miscellaneous\n61\tAnnual report\n62\tProhibition on participation in gambling\n63\tFalse or misleading statements\n64\tEvidence\n65\tService\n66\tRegulations\nSchedule 1—Repeal, savings and transitional provisions etc\n1\tInterpretation\n2\tRepeal\n3\tTransitional and other provisions\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Gambling Administration Act 2019.\n3—Purpose and objects of Act\n\t(1)\tThe purpose of this Act is to consolidate various administrative and regulatory provisions relating to different forms of gambling in the State, and to confer various functions and powers on the Commissioner in connection with the administration of gambling Acts.\n\t(2)\tThe objects of this Act are—\n\t(a)\tto reduce the prevalence and severity of harm associated with the misuse and abuse of gambling activities; and\n\t(b)\tto foster responsible conduct in relation to gambling and, in particular, to ensure that gambling is conducted responsibly, fairly and honestly, with regard to minimising the harm associated with gambling; and\n\t(c)\tto facilitate the balanced development and maintenance, in the public interest, of an economically viable and socially responsible gambling industry in the State recognising the positive and negative impacts of gambling on communities; and\n\t(d)\tto ensure that gambling is conducted honestly and free from interference, criminal influence and exploitation; and\n\t(e)\tto ensure, as far as practicable, that the conduct of gambling is consistent with the expectations and aspirations of the public.\n\t(3)\tA person exercising functions and powers under a gambling Act must have regard to the objects set out in subsection (2).\n\t(4)\tThe Commissioner must, in considering whether a matter is or is not in the public interest for the purposes of a gambling Act, have regard to the need for gambling harm minimisation.\n4—Application of Act in relation to gambling Acts\nIf a provision of a gambling Act specifies that the gambling Act and this Act are to be read together as a single Act, the provisions of this Act prevail over an inconsistent provision in that gambling Act, unless the inconsistent provision is expressed to apply despite the provisions (or a specified provision) of this Act.\n5—Interpretation\nIn this Act, unless the contrary intention appears—\nCommissioner 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);\nCourt means the Licensing Court of South Australia;\ncriminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;\ngambling Act means each of the following:\n\t(a)\tthis Act;\n\t(b)\tthe Authorised Betting Operations Act 2000;\n\t(c)\tthe Casino Act 1997;\n\t(d)\tthe Gaming Machines Act 1992;\n\t(e)\tthe Lotteries Act 2019;\n\t(f)\tany other Act prescribed by regulation;\ngambling administration guidelines—see Part 2 Division 4;\nGambling Advisory Council—see Part 8;\ngambling provider means each of the following:\n\t(a)\tthe holder of a licence under the Authorised Betting Operations Act 2000;\n\t(b)\tan authorised interstate betting operator under the Authorised Betting Operations Act 2000;\n\t(c)\tthe holder of the casino licence under the Casino Act 1997;\n\t(d)\tthe holder of a licence under the Gaming Machines Act 1992;\n\t(e)\tthe holder of a licence, or a person conducting a lottery under the Lotteries Act 2019;\ninspector—see Part 4;\nproceedings means—\n\t(a)\tdisciplinary proceedings; or\n\t(b)\tproceedings on an application, inquiry, review, reconsideration (under section 48) or appeal,\nwhether by way of a hearing or by determination of the matter by the Commissioner by some other means;\nrelevant Minister means—\n\t(a)\tthe Treasurer; and\n\t(b)\teach Minister responsible for the administration of a gambling Act; and\n\t(c)\tany Minister with responsibility for the racing industry in the State;\n\t(d)\tany Minister responsible for the administration of an Act or a provision of an Act regulating a gambling activity in the State;\nwelfare agency means an administrative unit of the Public Service responsible for performing functions in relation to the administration of the Gamblers Rehabilitation Fund (established under section 73BA of the Gaming Machines Act 1992).\nPart 2—The Commissioner\nDivision 1—Functions and powers of Commissioner\n6—Functions of Commissioner\nThe Commissioner has the following functions:\n\t(a)\tto develop and promote strategies for reducing the incidence of problem gambling and for preventing or minimising the harm caused by gambling;\n\t(b)\tto undertake, assist in or coordinate ongoing research into matters relevant to gambling and the Commissioner's functions relating to gambling, including research into—\n\t(i)\tthe social and economic costs and benefits to the community of gambling and the gambling industry; and\n\t(ii)\tthe 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\n\t(iii)\tstrategies for reducing the incidence of problem gambling and preventing or minimising the harm caused by gambling; and\n\t(iv)\tany other matter directed by the Minister;\n\t(c)\tto 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;\n\t(d)\tto ensure that an effective and efficient system of supervision is established and maintained over operations undertaken under a gambling Act;\n\t(e)\tto conduct consumer and gambling provider education campaigns and publish advertisements directed at reducing the incidence of problem gambling and for preventing or minimising the harm caused by gambling;\n\t(f)\tto encourage the gambling industry and related professional associations to disseminate to their members, and enforce compliance with, responsible gambling and advertising codes of practice;\n\t(g)\tto publish reports and disseminate statistical information on matters relating to operations undertaken under a gambling Act;\n\t(h)\tto consider representations from, and give consideration to matters identified by, the Gambling Advisory Council or the welfare agency relating to the incidence of problem gambling or measures for preventing or minimising the harm caused by gambling;\n\t(i)\tto advise, and make recommendations to, a relevant Minister on matters relating to operations undertaken under a gambling Act or on any aspect of the operation, administration or enforcement of a gambling Act;\n\t(j)\tto perform other functions assigned to the Commissioner under a gambling Act or by the Minister.\n7—Inquiries by Commissioner\n\t(1)\tThe Commissioner may conduct an inquiry whenever the Commissioner considers it necessary or desirable to do so for the purpose of carrying out the Commissioner's functions.\n\t(2)\tThe Commissioner must, if requested to do so by the Minister, conduct an inquiry into any matter relating to—\n\t(a)\toperations undertaken by a gambling provider; or\n\t(b)\tthe operation, administration or enforcement of a gambling Act.\n\t(3)\tOn completing an inquiry under this section, the Commissioner must submit to the Minister a report of the inquiry and the findings of the Commissioner on the inquiry, and any such report may include recommendations for action to be taken.\n\t(4)\tUnless the Commissioner recommends that the report should remain confidential, the Minister must, within 6 sitting days of receiving a report under subsection (3), cause a copy of the report to be laid before each House of Parliament.\n8—General power to obtain information\n\t(1)\tIt is a condition of each licence, authorisation or exemption held under a gambling Act that the holder of the licence, authorisation or exemption must, on the written request of the Commissioner, provide information—\n\t(a)\tthat the Commissioner requires for the administration or enforcement of a gambling Act; or\n\t(b)\tthat is related to the financial affairs of the business undertaken under the relevant licence, authorisation or exemption; or\n\t(c)\tthat is related to the operations undertaken under the relevant licence, authorisation or exemption, including any information relating to the financial accounts in relation to the operations undertaken under the relevant licence, authorisation or exemption.\n\t(2)\tInformation required to be provided under this section must be provided within the time specified in the request.\nMaximum penalty: \n\t(a)\tin the case of the holder of the casino licence—$250 000;\n\t(b)\tin any other case—$10 000.\n9—Powers to make interim or conditional decisions and accept undertakings from parties\n\t(1)\tThe Commissioner may—\n\t(a)\tgrant an application under a gambling Act on an interim basis; and\n\t(b)\tspecify that a condition of a licence, an approval, authorisation or exemption is to be effective for a specified period,\nand, in consequence, may give any necessary procedural directions in the matter.\n\t(2)\tIf the Commissioner considers that an applicant should satisfy the Commissioner as to a certain matter for the purposes of determining the application, the Commissioner may, if the Commissioner thinks fit, nevertheless grant the application on the condition that the applicant satisfies the Commissioner as to the matter within a period determined by the Commissioner.\n\t(3)\tIf a licence, an approval, authorisation or exemption is granted on a condition under subsection (2), the Commissioner may, on failure by the applicant to comply with the condition, revoke the licence, approval, authorisation or exemption, or suspend the licence, approval, authorisation or exemption until further order.\n\t(4)\tThe Commissioner may in proceedings accept an undertaking from a party in relation to the conduct of the proceedings and, on failure by the party to fulfil the undertaking, refuse to hear the party further in the proceedings subject to any further order of the Commissioner.\n10—Commissioner may give directions\n\t(1)\tThe Commissioner may, from time to time by notice to a gambling provider, give directions in relation to any aspect of the operations conducted by the gambling provider including matters relating to the management, supervision and control of the relevant operations.\n\t(2)\tBefore the Commissioner gives directions under this section, the Commissioner must, unless the Commissioner considers it necessary not to do so in the circumstances—\n\t(a)\tgive notice to the relevant gambling provider of the proposed directions; and\n\t(b)\tconsider any representations made by the relevant gambling provider or a body representative of a gambling provider about the proposed directions within 14 days after the notice is given or a longer period allowed in the notice.\n\t(3)\tA gambling provider must diligently observe and carry out a direction given under this section.\nMaximum penalty: \n\t(a)\tin the case of the holder of a major betting operations licence, or an authorised interstate betting operator under the Authorised Betting Operations Act 2000—$100 000;\n\t(b)\tin the case of the holder of the casino licence—$500 000;\n\t(c)\tin the case of the holder of the gaming machine monitor licence under the Gaming Machines Act 1992—$50 000;\n\t(d)\tin any other case—$35 000.\nDivision 2—Proceedings before Commissioner\n11—Conduct of proceedings\nIn proceedings under a gambling Act, the Commissioner—\n\t(a)\tmust act without undue formality; and\n\t(b)\tis not bound by the rules of evidence, but may seek to be informed on any question that arises for decision in such manner as the Commissioner thinks fit.\n12—Powers of Commissioner\n\t(1)\tThe Commissioner may exercise the following powers:\n\t(a)\tby summons, require any person to attend before the Commissioner at a time and place specified in the summons;\n\t(b)\tby summons, require the production of any equipment or other item, or any documents;\n\t(c)\tinspect any equipment or other item, or any documents produced before the Commissioner and retain them for such reasonable period as the Commissioner thinks fit, and, in the case of documents, make copies of any of them, or of any of their contents;\n\t(d)\trequire any person to make oath or affirmation verifying that the person will truly answer all questions put to them by the Commissioner relating to any matter that is before the Commissioner;\n\t(e)\trequire any person appearing before the Commissioner to answer any relevant questions put to them by the Commissioner or by any person appearing before the Commissioner.\n\t(2)\tIf a person—\n\t(a)\twho has been served with a summons to appear before the Commissioner, fails without reasonable excuse (proof of which lies on the person) to attend in obedience to the summons; or\n\t(b)\twho has been served with a summons to produce equipment or any other items or documents, fails without reasonable excuse (proof of which lies upon the person) to comply with the summons; or\n\t(c)\tmisbehaves before the Commissioner, wilfully insults the Commissioner or interrupts the proceedings of the Commissioner; or\n\t(d)\trefuses to be sworn or to affirm or to answer any relevant question when required to do so by the Commissioner,\nthe person is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 6 months.\n\t(3)\tThe Commissioner may by order, if requested to do so by a person who has been required to answer a question by the Commissioner or who has produced documents to the Commissioner, prohibit the publication by any means of—\n\t(a)\tthe name of the person; or\n\t(b)\tany answer given by them in proceedings before the Commissioner; or\n\t(c)\tthe contents of any document produced by them to the Commissioner.\n\t(4)\tA person who contravenes an order under subsection (3) is guilty of an offence.\nMaximum penalty: $10 000.\n\t(5)\tThe 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.\n\t(6)\tIn the course of any proceedings, the Commissioner may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before a court or tribunal and draw any conclusions of fact from the transcript that the Commissioner thinks proper; or\n\t(b)\tadopt, as the Commissioner thinks fit, any findings, decision or judgment of a court or tribunal that may be relevant to the matter before the Commissioner.\n\t(7)\tThe Commissioner may—\n\t(a)\tconduct any proceedings by telephone or other electronic means; and\n\t(b)\tallow a person to participate in any proceedings by telephone or other electronic means.\n13—Representation before Commissioner\n\t(1)\tA person appearing before the Commissioner may appear—\n\t(a)\tpersonally; or\n\t(b)\tby counsel; or\n\t(c)\tif a body corporate—by an officer or employee of the body corporate who has obtained leave of the Commissioner to appear on behalf of the body corporate; or\n\t(d)\tif the party is a member of a genuine association formed to promote or protect the interests of a section of the liquor industry, the gambling industry or of employees in those industries—by an officer or employee of that association; or\n\t(e)\twith the permission of the Commissioner—by any other person.\n\t(2)\tThe Commissioner of Police may be represented before the Commissioner by a police officer or by counsel.\n\t(3)\tThe welfare agency may be represented before the Commissioner by a member of the welfare agency or by counsel.\n14—Power of Commissioner to refer questions to Court\nThe Commissioner may refer for hearing and determination by the Court—\n\t(a)\tproceedings that involve questions of substantial public importance; or\n\t(b)\ta question of law that arises in proceedings before the Commissioner; or\n\t(c)\tany other matter that should, in the public interest or in the interests of a party to the proceedings, be heard and determined by the Court.\nDivision 3—Codes of practice\n15—Codes of practice\n\t(1)\tThe Commissioner may, by notice in the Gazette, prescribe—\n\t(a)\tadvertising codes of practice; and\n\t(b)\tresponsible gambling codes of practice.\n\t(2)\tWithout limiting the generality of subsection (1)(a), an advertising code of practice may—\n\t(a)\tmake provision by which a gambling provider can ensure that gambling related advertising is—\n\t(i)\tconsistent with community expectations that gambling operations will be conducted responsibly and in a manner that minimises the harm caused by gambling; and\n\t(ii)\tsocially responsible; and\n\t(iii)\tcompliant with State and Commonwealth laws; and\n\t(iv)\tcomplies with any relevant gambling industry codes of practice; and\n\t(b)\tmake provision relating to the form, content and use of gambling related advertising, which may include requirements, limitations or prohibitions in relation to the following:\n\t(i)\tthe use of the name of a gambling provider;\n\t(ii)\tthe use of specified expressions or words;\n\t(iii)\tthe value or nature of a prize to be won;\n\t(iv)\tadvertising in relation to loyalty programs;\n\t(v)\tthe appropriate use and depiction of mandatory warning messages;\n\t(vi)\tadvertising on radio, television, print media, signs and billboards;\n\t(vii)\tadvertising and promoting betting on contingencies; and\n\t(c)\tinclude matters incorporating Commonwealth or intergovernmental agreements; and\n\t(d)\tinclude other matters designed to reduce the harm caused by gambling.\n\t(3)\tWithout limiting the generality of subsection (1)(b), a responsible gambling code of practice may—\n\t(a)\trequire a gambling provider to provide information to patrons regarding responsible gambling, the availability of services to address problems associated with gambling (including barring orders) and any other matter under a gambling Act, whether by—\n\t(i)\tsigns and warning notices; or\n\t(ii)\tthe use of audio, visual, or electronic means,\nin a manner, and in accordance with any requirements, specified in the code; and\n\t(b)\tmake provision relating to—\n\t(i)\tthe use of specified words or expressions in connection with gambling on gaming machines or automated table game equipment and the manner and form in which such words or expressions are to be used; and\n\t(ii)\trequirements for the words or expressions to be displayed on the gaming machine screen or automated table game equipment screen, on a screen that is visible to a person operating the machine or equipment or in some other specified manner; and\n\t(c)\tmake provision relating to the making of barring orders under Part 6; and\n\t(d)\trequire a gambling provider to have a program for intervention in problem gambling designed to promote—\n\t(i)\tidentification of persons engaging in problem gambling, including through observation of the conduct, patterns of behaviour and statements of gamblers; and\n\t(ii)\tthe provision of information relating to responsible gambling and the availability of services to address problems associated with gambling to persons so identified; and\n\t(iii)\tthe use of barring orders under Part 6 in relation to persons so identified; and\n\t(iv)\tthe referral of persons so identified to the Department within the meaning of the Problem Gambling Family Protection Orders Act 2004; and\n\t(e)\tmake provision (including limitations and prohibitions) relating to the provision and operation of customer loyalty programs; and\n\t(f)\trequire the keeping and management of accounts and records of patrons' gambling activities, and the provision of such accounts and records to the Commissioner in a manner specified in the applicable code; and\n\t(g)\trequirements for systems and procedures designed to prevent gambling by minors; and\n\t(h)\trequire a gambling provider to comply with specified requirements in relation to staff training including (without limitation)—\n\t(i)\trequiring staff, or specified classes of staff, to complete the whole or any part of the training courses in accordance with the gambling administration guidelines; and\n\t(ii)\tspecifying procedures for obtaining exemptions from the requirements referred to in subparagraph (i) in relation to particular staff, or a specified class of staff (and any such exemptions may be granted by the Commissioner subject to conditions the Commissioner thinks fit); and\n\t(i)\tinclude matters incorporating Commonwealth law or intergovernmental agreements; and\n\t(j)\tinclude other matters designed to reduce the harm caused by gambling.\n\t(4)\tThe Commissioner may include provisions in a code of practice that—\n\t(a)\tdesignate a provision of the code as a mandatory provision for the purposes of a specified provision of a gambling Act; and\n\t(b)\tdeclare whether contravention or failure to comply with the mandatory provision is a category A, B, C or D offence for the purposes of that specified provision; and\n\t(c)\tif the offence is to be expiable—declare whether the offence is a category A, B, C or D expiable offence for the purposes of that specified provision.\n\t(5)\tThe provisions of a code of practice prescribed under this section may be of general, limited or varied application according to—\n\t(a)\tthe classes of gambling provider, person, equipment or operations; or\n\t(b)\tthe circumstances; or\n\t(c)\tany other specified factor,\nto which the provision is expressed to apply.\n\t(6)\tThe Commissioner may, by subsequent notice in the Gazette, vary or revoke a code of practice or a provision of a code of practice under this section.\n\t(7)\tBefore the Commissioner publishes a notice in the Gazette under this section, the Commissioner must—\n\t(a)\tgive notice in a manner determined by the Commissioner of the proposed notice to any relevant gambling provider, any relevant body representative of a gambling provider and the Commissioner of Police; and\n\t(b)\tconsider any representations made under paragraph (a) about the proposed notice within 28 days after the notice is given or a longer period allowed in the notice.\n\t(8)\tThe Commissioner may, at any time, undertake a review of the codes of practice prescribed under this section.\n\t(9)\tThe Commissioner must, when conducting a review, seek and consider written submissions from the Commissioner of Police, relevant gambling providers, relevant bodies representative of gambling providers and from the public.\n\t(10)\tThe Commissioner must cause any codes of practice prescribed under this section to be published on a website maintained by the Commissioner.\n\t(11)\tIn this section—\ngambling provider includes the Lotteries Commission of South Australia constituted under the State Lotteries Act 1966.\n16—Offence of breach of mandatory provisions of codes\n\t(1)\tA gambling provider or other person involved in an activity to which a gambling Act applies must not contravene or fail to comply with a mandatory provision of the advertising code of practice or the responsible gambling code of practice that applies to the gambling provider or other person.\nMaximum penalty: \n\t(a)\tin the case of the holder of the casino licence or a person involved in an activity to which the Casino Act 1997 applies—\n\t(i)\tfor a category A offence—$75 000;\n\t(ii)\tfor a category B offence—$50 000;\n\t(iii)\tfor a category C offence—$35 000;\n\t(iv)\tfor a category D offence—$20 000;\n\t(b)\tin any other case—\n\t(i)\tfor a category A offence—$20 000;\n\t(ii)\tfor a category B offence—$10 000;\n\t(iii)\tfor a category C offence—$5 000;\n\t(iv)\tfor a category D offence—$2 500.\nExpiation fee: \n\t(a)\tin the case of the holder of the casino licence or a person involved in an activity to which the Casino Act 1997 applies—\n\t(i)\tfor a category A expiable offence—$5 000;\n\t(ii)\tfor a category B expiable offence—$2 500;\n\t(iii)\tfor a category C expiable offence—$1 200;\n\t(iv)\tfor a category D expiable offence—$425;\n\t(b)\tin any other case—\n\t(i)\tfor a category A expiable offence—$1 200;\n\t(ii)\tfor a category B expiable offence—$315;\n\t(iii)\tfor a category C expiable offence—$210;\n\t(iv)\tfor a category D expiable offence—$160.\n\t(2)\tFor the purposes of subsection (1), a contravention of, or failure to comply with, a mandatory provision of the advertising code of practice or the responsible gambling code of practice is a category A, B, C or D offence, or a category A, B, C or D expiable offence, if it has been declared to be such an offence by the Commissioner in accordance with section 15(4).\nDivision 4—Gambling administration guidelines\n17—Gambling administration guidelines\n\t(1)\tThe Commissioner may, by notice in the Gazette, issue guidelines (the gambling administration guidelines) in relation to the following:\n\t(a)\trequirements for the approval of systems and procedures designed to prevent gambling by children;\n\t(b)\trequirements for the approval of training courses required to be undertaken under a gambling Act;\n\t(c)\trequirements for cashless gaming systems and automated risk monitoring systems to be approved by the Commissioner under the Casino Act 1997 or the Gaming Machines Act 1992 which must address—\n\t(i)\tin relation to an account based cashless gaming system—\n\t(A)\tthe maximum value to be stored and transferred from a user's account to a gaming machine or automated table game (as the case requires); and\n\t(B)\tthe payment of prizes; and\n\t(C)\tthe provision of account statements; and\n\t(D)\tany other matter prescribed by the regulations; or\n\t(ii)\tin relation to an automated risk monitoring system—\n\t(A)\tidentifying indicators of potential harmful gambling behaviour; and\n\t(B)\tany other matter prescribed by the regulations;\n\t(iii)\tin relation to a cashless gaming system of a kind prescribed by the regulations under section 40B(1)(c) of the Casino Act 1997 or section 40A(1)(c) of the Gaming Machines Act 1992—any matter prescribed by the regulations;\n\t(d)\trequirements in relation to an application to the Commissioner for an approval under a gambling Act, including the approval of games, gaming machines, gaming equipment and gaming related systems;\n\t(e)\trequirements for facial recognition systems to be approved by the Commissioner under the Casino Act 1997 or the Gaming Machines Act 1992;\n\t(f)\tany other matter relevant to the operations undertaken under a gambling Act.\n\t(2)\tThe Commissioner may, by subsequent notice in the Gazette, vary or revoke a notice under this section.\n\t(3)\tBefore the Commissioner publishes a notice in the Gazette under this section, the Commissioner must—\n\t(a)\tgive notice in a manner determined by the Commissioner of the proposed notice to any relevant gambling provider and any relevant body representative of a gambling provider; and\n\t(b)\tconsider any representations made under paragraph (a) about the proposed notice within 28 days after the notice is given or a longer period allowed in the notice.\n\t(4)\tThe provisions of the gambling administration guidelines may be of general, limited or varied application according to—\n\t(a)\tthe class of gambling provider or person; or\n\t(b)\tthe circumstances; or\n\t(c)\tany other specified factor,\nto which the provision is expressed to apply.\n\t(5)\tThe Commissioner must cause any gambling administration guidelines to be published on a website maintained by the Commissioner.\nDivision 5—Delegation\n18—Delegation\n\t(1)\tThe Commissioner may delegate powers or functions under a gambling Act or instrument to any person.\n\t(2)\tA delegation under this section—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the Commissioner to act personally in any matter; and\n\t(c)\tis revocable at will; and\n\t(d)\tmay, if the instrument of delegation so provides, be further delegated.\nPart 3—Disclosure of information\n19—Disclosure of information\n\t(1)\tThe Commissioner or an authorised person must not disclose information obtained in the course of carrying out official functions except—\n\t(a)\tto another person who has official functions under a gambling Act, to the Commissioner of Police or as may otherwise be required for carrying out such official functions; or\n\t(b)\tto an approved industry body within the meaning of the Gaming Machines Act 1992 for the purposes of ensuring compliance with a responsible gambling agreement entered into under that Act; or\n\t(c)\tto a relevant Minister; or\n\t(d)\tas permitted by the person in whose favour the duty of confidentiality exists; or\n\t(e)\tto a reciprocating authority, or an officer or employee of a reciprocating authority; or\n\t(f)\tas required by law; or\n\t(g)\tas is otherwise necessary for the proper administration of a gambling Act.\nMaximum penalty: $10 000.\n\t(2)\tAn authority, officer or person responsible for the administration or enforcement of laws relating to the supervision or control of gambling in another jurisdiction is a reciprocating authority if—\n\t(a)\tthe other jurisdiction is the Commonwealth, a State or Territory of the Commonwealth, or New Zealand; or\n\t(b)\tthere is an arrangement in force between the South Australian government and the government of the relevant jurisdiction for the exchange of information relevant to the administration or enforcement of laws for the supervision or control of gambling.\n\t(3)\tThe holder of a gaming machine licence under the Gaming Machines Act 1992 may disclose information relating to barring orders under Part 6 to an approved industry body with whom the licensee has entered into an approved responsible gambling agreement (within the meaning of that Act).\n\t(4)\tIn this section—\nauthorised person means each of the following:\n\t(a)\ta police officer;\n\t(b)\tan inspector;\n\t(c)\ta person who is or has been, at any time, engaged in the administration or enforcement of a gambling Act, including under the Independent Gambling Authority Act 1995 or the Gambling Administration Act 1995;\n\t(d)\ta person who is or has been, at any time, a member of the Gambling Advisory Council or any other body or committee established under the Independent Gambling Authority Act 1995 or the Gambling Administration Act 1995;\n\t(e)\ta person who is or has been, at any time, a member of the gambling advisory committee established under section 73BA of the Gaming Machines Act 1992;\n\t(f)\ta person of a class prescribed by regulation for the purposes of this definition.\n20—Disclosure of statistical information about expenditure on gambling activities\n\t(1)\tSubject to subsection (2), the Commissioner may make publicly available statistical information about expenditure relating to gambling activities undertaken under a gambling Act if the statistics have been aggregated—\n\t(a)\tto give the total expenditure for all gambling activities of a particular kind undertaken in a particular council area; or\n\t(b)\tif gambling activities of a particular kind are undertaken at less than 3 locations in a particular council area—to give the total expenditure for all gambling operations of that kind in the council area together with an adjoining council area or areas so that the statistical information indicates expenditure for at least 3 locations where gambling of that kind is undertaken.\n\t(2)\tThe Commissioner may make publicly available information regarding expenditure on gambling activities undertaken under a gambling Act (including statistical information that has not been aggregated in accordance with subsection (1)) if—\n\t(a)\tthe Commissioner considers it is in the public interest to do so; or\n\t(b)\tmaking the information available is reasonable in the circumstances; or\n\t(c)\tthe information is of a prescribed kind.\n\t(3)\tIn this section—\ncouncil means a municipal or district council.\n21—Publication of determinations—confidential information\nIf the Commissioner publishes a determination made under a gambling Act, the Commissioner may exclude from publication information that the Commissioner considers to be—\n\t(a)\tpersonal information of a confidential nature; or\n\t(b)\tinformation that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were published; or\n\t(c)\tinformation the publication of which would, or could reasonably be expected to, prejudice the commercial position of a person or confer a commercial advantage on a person; or\n\t(d)\tinformation the publication of which—\n\t(i)\twould otherwise be contrary to the public interest; or\n\t(ii)\twould be inappropriate for such other reason as the Commissioner thinks fit.\n22—Criminal intelligence\n\t(1)\tNo information provided by the Commissioner of Police to the Commissioner under a gambling Act may be disclosed to any person (except the Minister, a court or a person to whom the Commissioner of Police authorises its disclosure) if the information is classified by the Commissioner of Police as criminal intelligence.\n\t(2)\tIf the Commissioner—\n\t(a)\tmakes a decision under a gambling Act; and\n\t(b)\tthe decision is made because of information that is classified by the Commissioner of Police as criminal intelligence,\nthe Commissioner is not required to provide any grounds or reasons for the decision other than that, in the view of the Commissioner, the making of any other decision would have been contrary to the public interest.\n\t(3)\tIn any proceedings under a gambling Act, the Court—\n\t(a)\tmust, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner of Police as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and\n\t(b)\tmay take evidence consisting of or relating to information classified by the Commissioner of Police as criminal intelligence by way of affidavit of a police officer of or above the rank of superintendent.\n\t(4)\tThe Commissioner of Police may not delegate the function of classifying information as criminal intelligence for the purposes of a gambling Act except to a Deputy Commissioner or Assistant Commissioner of Police.\nPart 4—Inspectors\nDivision 1—Inspectors\n23—Appointment of inspectors\n\t(1)\tThe Commissioner may appoint a person to be an inspector for the purposes of a gambling Act.\n\t(2)\tAn inspector is a Public Service employee.\n\t(3)\tAn appointment may be made subject to conditions specified in the instrument of appointment.\n\t(4)\tThe Commissioner may, at any time, revoke an appointment or vary, revoke or add a condition of an appointment.\n24—Identification of inspectors\n\t(1)\tThe Commissioner must provide each inspector with identification in a form determined by the Commissioner that—\n\t(a)\tcontains the person's name and a photograph of the person; and\n\t(b)\tstates that the person is an inspector for the purposes of a gambling Act.\n\t(2)\tIf the powers of an inspector have been limited by conditions under this Part, the inspector's identification must contain a statement of the limitation on the inspector's powers.\n\t(3)\tAn inspector must, at the request of a person in relation to whom the inspector has exercised, or intends to exercise powers, produce the inspector's identification.\nDivision 2—Functions and powers of inspectors\n25—Purpose of exercising powers of inspectors\nAn inspector may exercise powers under this Part at any reasonable time for the purposes of—\n\t(a)\tadministering or enforcing a gambling Act; or\n\t(b)\tobtaining information or records for purposes connected with the administration of a gambling Act; or\n\t(c)\tdetermining whether there has been compliance with or contravention of a gambling Act.\n26—Power to enter and inspect etc\n\t(1)\tSubject to this section, an inspector may—\n\t(a)\tenter or, where necessary, break into any place, using only such force as is reasonably necessary for the purpose; and\n\t(b)\tinspect or search the place or anything in the place; and\n\t(c)\trequire any person in the place to—\n\t(i)\tproduce any equipment or other items, or any books, papers or documents, that are in the person's custody or control; and\n\t(ii)\tanswer any questions put by the inspector; and\n\t(iii)\tfacilitate the examination by an inspector of any systems, procedures or equipment used for conducting operations authorised under a gambling Act; and\n\t(iv)\tfacilitate the examination by an inspector of—\n\t(A)\tsystems, procedures or equipment used for surveillance or security; or\n\t(B)\taccounts, records or other documents relating to operations authorised under a gambling Act; and\n\t(d)\tenter or, where necessary, break into any vehicle or vessel, using only such force as is reasonably necessary for the purpose and search the vehicle or vessel; and\n\t(e)\tinspect any documents produced to the inspector and retain them for so long as is reasonably necessary for the purpose of copying or taking extracts from them; and\n\t(f)\trequire a person who the inspector reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of a gambling Act to answer questions in relation to those matters; and\n\t(g)\tif the inspector suspects on reasonable grounds that an offence has been committed, seize and retain anything that the inspector believes—\n\t(i)\taffords evidence of the offence; or\n\t(ii)\thas been used in connection with the commission of the offence; and\n\t(h)\tgive such directions as are reasonably necessary for, or as are incidental to, the effective exercise of the inspector's powers under this Part; and\n\t(i)\texercise additional functions and powers of an inspector as authorised under a gambling Act.\n\t(2)\tAn inspector may only exercise powers under subsection (1) in relation to a place—\n\t(a)\tat any time when operations of a kind authorised under a gambling Act are being conducted in the place; or\n\t(b)\tat any time when there are reasonable grounds to suspect that an offence has been, is being or is about to be committed in the place or that evidence of such an offence is likely to be found in the place; or\n\t(c)\tat any reasonable time when the exercise of the powers is required for the purposes of the administration or enforcement of a gambling Act.\n\t(3)\tAn inspector may only exercise powers—\n\t(a)\tunder subsection (1)(a) in relation to a place in which there are not any operations of a kind authorised under a gambling Act being conducted; or\n\t(b)\tunder subsection (1)(d) in relation to a vehicle or vessel,\non the authority of a warrant issued by a magistrate.\n\t(4)\tA magistrate cannot issue a warrant under subsection (3) unless satisfied, on information given on oath—\n\t(a)\tthat there are reasonable grounds for suspecting that an offence has been, is being or is about to be committed; and\n\t(b)\tthat the warrant is reasonably required in the circumstances.\n\t(5)\tAn inspector may, in exercising powers under this Part, be accompanied by such assistants as are reasonably necessary for the purpose.\n27—Power to give directions in relation to gaming operations\n\t(1)\tIn addition to the powers conferred by this Division, an inspector may, if the inspector suspects on reasonable grounds that—\n\t(a)\ta gaming machine, game or equipment or a system operated in connection with a gaming machine, game, or equipment, is defective or is not operating correctly; or\n\t(b)\tthe monitoring system required under the Gaming Machines Act 1992 is defective or is not operating correctly,\nthe inspector may give such directions to a gambling provider or any employee of the gambling provider as the inspector thinks fit for the purpose of ensuring compliance with a gambling Act or the proper conduct of operations under a gambling Act.\n\t(2)\tIf a person refuses or fails to comply with a direction given under subsection (1), the inspector may do such things as are reasonably necessary to ensure compliance with the direction, including, if the inspector believes it to be the only effective way of ensuring compliance, the seizure of any gaming machine, game or equipment.\n28—Power to enter and remain in casino premises\nIn addition to the powers conferred by this Division, an inspector may at any time enter and remain in the casino premises to ascertain whether—\n\t(a)\tthe operation of the casino is being properly supervised and managed; or\n\t(b)\tthe provisions of this Act, the Casino Act 1997 and the conditions of the casino licence are being complied with.\n29—Power to ask for evidence of age\n\t(1)\tAn inspector may require a person in, about to enter or in the vicinity of, a place at which operations of a kind authorised under a gambling Act are being conducted, and who the inspector reasonably suspects is under the age of 18 years, to produce evidence as to the person's age that complies with the requirements of the regulations.\n\t(2)\tA person who—\n\t(a)\tfails, without reasonable excuse, to comply with a requirement under this section; or\n\t(b)\tmakes a false statement, or produces false evidence, in response to such a requirement,\nis guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n30—Commissioner and police officers to exercise same powers as inspectors\nThe Commissioner and police officers may exercise the powers of an inspector under a gambling Act.\nDivision 3—Miscellaneous\n31—Report to Commissioner\n\t(1)\tIf an inspector becomes aware of an irregularity, deficiency or defect—\n\t(a)\tin the supervision or management in relation to operations under a gambling Act; or\n\t(b)\tin the accounts or records of a gambling provider; or\n\t(c)\tin the operation of a gaming machine, automated table game, game or system operated under a gambling Act,\nthe inspector must report on the irregularity or deficiency to the Commissioner.\n\t(2)\tIf an inspector suspects on reasonable grounds that—\n\t(a)\ta gambling provider has improperly obtained a relevant authorisation; or\n\t(b)\ta gambling provider is not a fit and proper person to hold the relevant authorisation; or\n\t(c)\tin the case of a gambling provider holding a relevant authorisation that is a trust or corporate entity—a person who occupies a position of authority in the entity is not a fit and proper person to occupy such a position in an entity holding such an authorisation; or\n\t(d)\ta gambling provider has contravened or failed to comply with a provision of a gambling Act or a condition of a relevant authorisation; or\n\t(e)\ta gambling provider has contravened or failed to comply with a provision of a relevant advertising code of practice or a relevant responsible gambling code of practice,\nthe inspector must report the matter to the Commissioner.\n\t(3)\tIn this section—\nrelevant authorisation has the same meaning as in Part 5.\n32—Dealing with seized things\n\t(1)\tIf an inspector seizes any material or thing under this Part, the seized material or thing must be dealt with in accordance with the regulations.\n\t(2)\tWithout limiting the generality of subsection (1), regulations made under this section may provide for the following:\n\t(a)\tprocedures relating to the seizure of materials or things under this Part;\n\t(b)\tthe manner in which seized things may be dealt with including (but not limited to)—\n\t(i)\tthe circumstances in which seized things may be returned to a person; and\n\t(ii)\tprovisions for a court to order the forfeiture of seized things; and\n\t(iii)\tthe circumstances in which seized things may be destroyed;\n\t(c)\tthe keeping of records in the prescribed manner in relation to the seizing of material or things under this Part;\n\t(d)\tthe recovery by the Commissioner of any costs incurred in dealing with seized material or things.\n33—Offence to hinder or obstruct an inspector etc\n\t(1)\tSubject to this section, a person who—\n\t(a)\twithout reasonable excuse, hinders or obstructs an inspector in the exercise of powers under this Part; or\n\t(b)\tfails to answer a question put by an inspector to the best of the person's knowledge, information or belief; or\n\t(c)\tfails to comply with any other lawful requirement or direction of an inspector; or\n\t(d)\tuses abusive, threatening or insulting language to an inspector or a person assisting an inspector; or\n\t(e)\tfalsely represents, by word or conduct, that the person is an inspector,\nis guilty of an offence.\nMaximum penalty: $20 000.\n\t(2)\tA natural person is not required to answer a question, or to produce documents, under this Part if—\n\t(a)\tthe answer to the question or the contents of the documents would tend to incriminate the person of an offence; or\n\t(b)\tanswering the question or producing the documents would result in a breach of legal professional privilege.\n\t(3)\tIn subsection (2)—\noffence means an offence against a gambling Act or any other offence arising out of or committed in connection with the conduct of operations of a kind authorised by a gambling Act.\n34—Inspectors not to gamble\nAn inspector must not, unless authorised to do so by the Commissioner—\n\t(a)\tengage in gambling at the casino premises; or\n\t(b)\toperate a gaming machine on premises subject to a gaming machine licence or the special club licence under the Gaming Machines Act 1992.\nMaximum penalty: $10 000.\nPart 5—Disciplinary action against gambling providers\n35—Interpretation\nIn this Part—\ncasino licence has the same meaning as in the Casino Act 1997;\ngambling provider includes—\n\t(a)\ta former gambling provider; and\n\t(b)\tin the case of the holder of a licence under the Gaming Machines Act 1992—\n\t(i)\tthe holder of a temporary licence under that Act; and\n\t(ii)\ta person authorised under that Act to carry on the business of the licensee; and\n\t(iii)\tif the licence under that Act is held by a trustee—the trust.\nrelevant authorisation means—\n\t(a)\tthe casino licence; and\n\t(b)\ta licence or authorisation under the Authorised Betting Operations Act 2000; and\n\t(c)\ta licence under the Gaming Machines Act 1992; and\n\t(d)\ta licence under Part 3 or 4 of the Lotteries Act 2019.\n36—Cause for disciplinary action\n\t(1)\tThere is proper cause for disciplinary action against a gambling provider if the Commissioner is satisfied that—\n\t(a)\tthe gambling provider improperly obtained a relevant authorisation; or\n\t(b)\tthe gambling provider is not a fit and proper person to hold the relevant authorisation; or\n\t(c)\tin the case of a gambling provider holding a relevant authorisation that is a trust or corporate entity—a person who occupies a position of authority in the entity is not a fit and proper person to occupy such a position in an entity holding such an authorisation; or\n\t(d)\tthe gambling provider has contravened or failed to comply with a provision of a gambling Act or a condition of a relevant authorisation; or\n\t(e)\tthe gambling provider has contravened or failed to comply with a relevant advertising code of practice or a relevant responsible gambling code of practice; or\n\t(f)\tthe gambling provider has been convicted of an offence against a gambling Act; or\n\t(g)\tthe gambling provider has been convicted of an offence punishable by imprisonment; or\n\t(h)\toperations under a relevant authorisation are improperly conducted; or\n\t(i)\tin the case of the holder of a licence under the Authorised Betting Operations Act 2000—an event occurs, or circumstances come to light, that show the licensee or a close associate of the licensee to be an unsuitable person to hold the licence; or\n\t(j)\tin the case of an authorised interstate betting operator under the Authorised Betting Operations Act 2000—the authorised interstate betting operator contravenes or fails to comply with a provision of that Act or fails to discharge an obligation under an integrity agreement or contribution agreement (other than where the contravention or failure would constitute a taxation default within the meaning of section 73A of that Act); or\n\t(k)\tin the case of the holder of the casino licence—\n\t(i)\tan event occurs, or circumstances come to light, that show the licensee to be an unsuitable person to hold the licence; or\n\t(ii)\tan event occurs, or circumstances come to light, that show the licensee, a close associate of the licensee or a designated person has engaged in serious misconduct; or\n\t(iii)\ta court or tribunal in this State, the Commonwealth or a State or Territory of the Commonwealth has imposed a penalty (whether civil or criminal) on the licensee, a close associate of the licensee or a designated person; or\n\t(l)\tit would be contrary to the public interest if the gambling provider were to continue to hold a relevant authorisation.\n\t(2)\tIf the Commissioner believes on reasonable grounds that there is proper cause for disciplinary action against a gambling provider, the Commissioner may do 1 or more of the following:\n\t(a)\tissue a compliance notice to the gambling provider in accordance with section 37;\n\t(b)\tissue a default notice to the gambling provider in accordance with section 38;\n\t(c)\ttake disciplinary action against the gambling provider in accordance with section 39.\n\t(3)\tIn determining whether there is proper cause for disciplinary action against a gambling provider under subsection (1), the Commissioner—\n\t(a)\tmay have regard to information provided to the Commissioner by the Commissioner of Police for that purpose; and\n\t(b)\tmay have regard to such evidence of the conduct (no matter when the conduct is alleged to have occurred) of the gambling provider or persons with whom the gambling provider associates (or has associated at any relevant time) as the Commissioner considers relevant, including information that existed at the time the relevant authorisation was granted, regardless of whether that information was known or could have been made known to the Commissioner at that time.\n\t(4)\tIn this section—\nclose associate and designated person have the same respective meanings as in the Casino Act 1997;\nserious misconduct means a contravention of a provision of this Act, the Casino Act 1997 or a condition of the casino licence by the holder of the casino licence, a close associate of the licensee or a designated person, which in the opinion of the Commissioner—\n\t(a)\tseverely affects the integrity of the casino operations or the integrity of gambling in the casino; or\n\t(b)\tseverely undermines a measure intended to safeguard the community against harm from casino gambling; or\n\t(c)\thas caused or could cause significant financial gain to a person not legally entitled to it or significant financial loss to a person legally entitled to it; or\n\t(d)\thas occurred as a result of wilful intent or reckless disregard for regulatory compliance; or\n\t(e)\thas arisen from or in connection with a systemic failure or multiple failures in the management or operation of the casino.\n37—Compliance notice\n\t(1)\tThe Commissioner may give a notice to a gambling provider (a compliance notice) specifying grounds for disciplinary action against a gambling provider and informing the gambling provider that disciplinary action may be avoided if the gambling provider takes specified action, within a period specified in the notice.\n\t(2)\tIf the gambling provider fails to take the specified action within the time allowed in the notice, the gambling provider is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of the holder of a major betting operations licence, or an authorised interstate betting operator, under the Authorised Betting Operations Act 2000—$100 000;\n\t(b)\tin the case of the holder of the casino licence—$1 million;\n\t(c)\tin the case of the holder of the gaming machine monitor licence under the Gaming Machines Act 1992—$35 000;\n\t(d)\tin any other case—$20 000.\n38—Default notice\nThe Commissioner may give a notice to a gambling provider (a default notice) specifying the grounds for disciplinary action against a gambling provider and informing the gambling provider that disciplinary action may be avoided by payment of a specified sum not exceeding—\n\t(a)\tin the case of the holder of a major betting operations licence, or an authorised interstate betting operator, under the Authorised Betting Operations Act 2000—$10 000; or\n\t(b)\tin the case of the holder of the casino licence—$1 million; or\n\t(c)\tin the case of the holder of the gaming machine monitor licence under the Gaming Machines Act 1992—$5 000; or\n\t(d)\tin any other case—$1 000,\nwithin a period specified in the notice.\n39—Disciplinary action\n\t(1)\tThe Commissioner may give a notice to a gambling provider—\n\t(a)\tspecifying the nature of the cause for disciplinary action; and\n\t(b)\trequiring the gambling provider to show cause, within a period specified in the notice (which must be at least 14 days), why disciplinary action should not be taken against them; and\n\t(c)\tthat may require the gambling provider to take specified action, or cease specified action, within a period specified in the notice, in relation to any matter specified in the notice.\n\t(2)\tAfter considering the submissions (if any) made by the gambling provider under subsection (1)(b), the Commissioner may, by order, take disciplinary action in 1 or more of the following ways:\n\t(a)\tthe Commissioner may reprimand the gambling provider;\n\t(b)\tthe Commissioner may impose a fine on the gambling provider not exceeding—\n\t(i)\tin the case of the holder of a major betting operations licence, or an authorised interstate betting operator, under the Authorised Betting Operations Act 2000—$100 000; or\n\t(ii)\tin the case of the holder of the casino licence—$75 million; or\n\t(iii)\tin the case of the holder of the gaming machine monitor licence under the Gaming Machines Act 1992—$35 000; or\n\t(iv)\tin any other case—$20 000;\n\t(c)\tthe Commissioner may—\n\t(i)\tvary the conditions of the relevant authorisation; or\n\t(ii)\tgive directions to the gambling provider as to the winding up of operations under the relevant authorisation; or\n\t(iii)\tsuspend the relevant authorisation for a specified or unlimited period; or\n\t(iv)\tcancel or revoke the relevant authorisation; or\n\t(v)\tif a relevant authorisation is cancelled or revoked—disqualify a person from holding the relevant authorisation or from being approved under a gambling Act permanently or for a specified time;\n\t(d)\tin the case of an authorised interstate betting operator under the Authorised Betting Operations Act 2000, the Commissioner may—\n\t(i)\tgive written directions to the operator as to the winding up of betting operations in this State; or\n\t(ii)\tprohibit the operator from conducting betting operations in this State for a specified or unlimited period;\n\t(e)\tin the case of the holder of a gaming machine licence under the Gaming Machines Act 1992, the Commissioner may determine that 1 or more gaming machine entitlements be forfeited to the Commissioner and may cancel the forfeited entitlements accordingly.\n\t(3)\tDisciplinary action takes effect on the date of service of the order on the gambling provider or on a later date specified in the order.\n\t(4)\tIf the Commissioner suspends a relevant authorisation or imposes a prohibition, the Commissioner may, at any time, terminate the suspension or prohibition.\n\t(5)\tA fine imposed under this section may be recovered as a debt due to the State.\n\t(6)\tA person who fails to comply with a requirement, order or direction of the Commissioner given under this section is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of the holder of a major betting operations licence, or an authorised interstate betting operator, under the Authorised Betting Operations Act 2000—$100 000;\n\t(b)\tin the case of the holder of the casino licence—$2.5 million;\n\t(c)\tin the case of the holder of the gaming machine monitor licence under the Gaming Machines Act 1992—$50 000;\n\t(d)\tin any other case—$35 000.\n40—Injunctive remedies\n\t(1)\tIf there are reasonable grounds to believe that a person is about to contravene or to fail to comply with a provision of a gambling Act or a condition of a licence or authorisation under a gambling Act, the Court has jurisdiction to order the person to refrain from the contravention or non‑compliance.\n\t(2)\tA person who contravenes or fails to comply with an order under subsection (1) commits a contempt of the Court.\n41—Punishment of contempts\n\t(1)\tA contempt of the Court is a summary offence punishable by a maximum fine of $10 000 or imprisonment for a maximum term of 6 months.\n\t(2)\tThe jurisdiction to deal with an offence against subsection (1) is vested in the Court.\n\t(3)\tIf a contempt is committed in the face of the Court, the matter may be dealt with immediately (without the necessity of laying a charge or other formality) and the Court may proceed to convict and fine the offender as it thinks fit.\n42—Other proceedings to be taken into account\nThe Commissioner may take disciplinary action under this Part—\n\t(a)\tin the case of the holder of the casino licence—\n\t(i)\twhether or not civil or criminal proceedings have been, or are to be, taken in a court or tribunal in this State, the Commonwealth or a State or Territory of the Commonwealth in relation to the matters the subject of the disciplinary action; and\n\t(ii)\twhether or not a penalty (whether civil or criminal) has already been imposed as a result of those proceedings in relation to those matters; or\n\t(b)\tin any other case—whether or not criminal proceedings have been, or are to be, taken in relation to the matters the subject of the disciplinary action and even though a penalty may have been already imposed by the Commissioner,\nhowever, the Commissioner must, in imposing a penalty under this Part, take into account any penalty (whether civil or criminal) that has already been imposed in such proceedings.\nPart 6—Barring orders\n43—Interpretation\n\t(1)\tIn this Part—\nauthorised person, in relation to a place, means each of the following:\n\t(a)\ta police officer;\n\t(b)\ta person of a class prescribed by regulation (either generally or in relation to that place);\n\t(c)\tin relation to premises of a gambling provider—an agent or employee of the gambling provider;\n\t(d)\tin relation to a place at which operations of a kind authorised under the Authorised Betting Operations Act 2000 are being conducted—a person who is an inspector for the purposes of that Act;\n\t(e)\tin relation to the gaming area, or areas, of premises to which a gaming machine licence relates—an authorised person within the meaning of the Gaming Machines Act 1992;\nbarred person means a person who is the subject of a barring order under this Part;\nbarring order means an order doing any 1 or more of the following:\n\t(a)\tbarring a person from taking part in specified gambling activities or gambling activities of a specified class;\n\t(b)\tbarring a person from entering or remaining in the whole or a part of—\n\t(i)\tspecified premises; or\n\t(ii)\ta specified class of premises,\nwhere gambling activities are or may be undertaken;\n\t(c)\tbarring a person from a prescribed place or a place of a prescribed class or from engaging in a prescribed activity or an activity of a prescribed class;\ngambling provider includes the Lotteries Commission of South Australia.\n\t(2)\tFor the purposes of this Part, a reference to a gambling provider does not include the holder of a licence or a person conducting a lottery under the Lotteries Act 2019.\n44—Barring orders\n\t(1)\tThe Commissioner may make a barring order in relation to a person—\n\t(a)\tat the request of that person; or\n\t(b)\tif—\n\t(i)\tthere is a reasonable apprehension that the person is at risk of harm, or is at risk of causing harm to a family member of the person, because of gambling; and\n\t(ii)\tthe Commissioner is satisfied that the making of the order is appropriate in the circumstances.\n\t(2)\tA gambling provider may make a barring order in relation to a person—\n\t(a)\tat the request of that person; or\n\t(b)\tif—\n\t(i)\tthe person is behaving in a manner that indicates that the person is at risk of harm, or is at risk of causing harm to a family member of the person, because of gambling; and\n\t(ii)\tthe gambling provider is satisfied that the making of the order is appropriate in the circumstances.\n\t(3)\tIf no decision is made within 14 days after the making of a request by a person under subsection (1)(a) or (2)(a), the Commissioner or the gambling provider (as the case may be) will be taken, for the purposes of this Part, to have made a decision to refuse the request.\n\t(4)\tA barring order made under this section—\n\t(a)\tmust be in a form determined by the Commissioner; and\n\t(b)\tmay relate to—\n\t(i)\tthe premises of 1 gambling provider; or\n\t(ii)\tthe premises of several gambling providers up to a number of premises determined by the Commissioner; or\n\t(iii)\tpremises of a class determined by the Commissioner; and\n\t(c)\tmay be made for a period specified in the order or for an unlimited period; and\n\t(d)\tsubject to this Part, remains in force during the period specified in the order.\n\t(5)\tTo avoid doubt, a barring order made in relation to premises may relate to parts of the premises where gambling activities are not undertaken (provided that the order also relates to parts of the premises where gambling activities are or may be undertaken).\n\t(6)\tA barring order made at the request of the barred person may specify a minimum period during which the order must remain in force being—\n\t(a)\tin the case of an order made by the Commissioner—not greater than 12 months; and\n\t(b)\tin any other case—not greater than 3 months.\n\t(7)\tIf a gambling provider makes a barring order or receives a request to make a barring order, the provider must—\n\t(a)\tmake a record of the order or request in a manner and containing the particulars required by the Commissioner; and\n\t(b)\twithin 7 days after making the order or making a decision to refuse the request, notify the Commissioner of the order or decision (in a manner, and containing the particulars, required by the Commissioner).\nMaximum penalty: $2 500.\n45—Variation or revocation of barring order\n\t(1)\tThe Commissioner may make an order varying or revoking a barring order under this Part at any time (provided that, in a case where the order was made at the request of the barred person, the order may not be revoked, or be varied so as to limit in any way its application, unless it has been in force for the prescribed minimum period).\n\t(2)\tBefore making an order under this section, the Commissioner may request information from the barred person as may be relevant to the making of the order.\n\t(3)\tAn order made under this section must be in a form determined by the Commissioner.\n\t(4)\tIn this section—\nprescribed minimum period, in relation to a barring order at the request of the barred person, means—\n\t(a)\tif a minimum period is specified in the order—that period; or\n\t(b)\tif a minimum period is not specified in the order—\n\t(i)\tin relation to a barring order made by the Commissioner—12 months; or\n\t(ii)\tin any other case—3 months.\n46—Notice of barring order etc\n\t(1)\tA barred person must be given notice of a barring order, or an order varying or revoking a barring order, under this Part.\n\t(2)\tA notice required to be given under subsection (1) must include any particulars prescribed by the regulations.\n\t(3)\tA barring order, or an order varying a barring order, is of no effect unless notice of the order has been given to the barred person in accordance with this section.\n\t(4)\tThe Commissioner must give notice of a barring order made by the Commissioner under this Part, and of any variation or revocation of the order, to the owner or occupier of each place to which the order relates.\n\t(5)\tIf the Commissioner obtains a photograph of the barred person, the Commissioner may also give a copy of that photograph to the owner or occupier of each place to which the order relates.\n47—Contravention of barring order\n\t(1)\tA barred person who contravenes or fails to comply with a barring order is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(2)\tA gambling provider, or another person of a class prescribed by the regulations, who suffers or permits a contravention of a barring order is guilty of an offence.\nMaximum penalty: $10 000.\nExpiation fee: $1 200.\n\t(3)\tIt is a defence to a charge of an offence against subsection (2) for the defendant to prove that the defendant took reasonable steps to prevent the commission of the offence.\n\t(4)\tFor the purposes of disciplinary or enforcement action under Part 5, it will be taken to be a condition of the relevant authorisation (within the meaning of that Part) that the gambling provider must not suffer or permit a contravention of a barring order (subject to the defence specified in subsection (3)).\n48—Reconsideration of barring order by Commissioner\n\t(1)\tA person who is affected by a decision to make, or refuse to make a barring order under this Part, may apply to the Commissioner to undertake a reconsideration of the decision.\n\t(2)\tAn application to the Commissioner under this section must—\n\t(a)\tbe made in a manner, and contain the particulars, required by the Commissioner; and\n\t(b)\tbe lodged with the Commissioner within 14 days after the date of the decision (or such longer period as the Commissioner may allow in the circumstances).\n\t(3)\tOn reconsidering a decision under this section, the Commissioner—\n\t(a)\tmay undertake consultation (in such manner as the Commissioner thinks fit) with any person involved with, or affected by, the making of the decision; and\n\t(b)\tmay confirm, vary, revoke or reverse the decision; and\n\t(c)\tmay make any recommendations to persons involved with, or affected by, the making of the decision that the Commissioner thinks appropriate in the circumstances.\n\t(4)\tIf the Commissioner has not completed reconsidering a decision within 8 weeks after the day on which the application under this section was made, the Commissioner will be taken to have confirmed the decision.\n\t(5)\tThe reconsideration of a decision in relation to a barring order under this section—\n\t(a)\tdoes not affect the operation of the barring order while the reconsideration is being undertaken; and\n\t(b)\tdoes not prevent the making of another barring order in relation to the barred person.\n49—Powers to remove etc\n\t(1)\tIf a person who is an authorised person in relation to a place suspects on reasonable grounds that a person who is in, or who is entering or about to enter, that place is barred from that place or barred from taking part in specified gambling activities that are engaged in at that place by order under this Part, the authorised person may require the person to leave the place.\n\t(2)\tIf a person refuses or fails to comply with a requirement under subsection (1), an authorised person may remove the person from the place.\n\t(3)\tThe regulations may prescribe procedures to be observed by authorised persons (other than police officers) in or in connection with the exercise of powers under this section.\n\t(4)\tAn authorised person must comply with the procedures (if any) prescribed under subsection (3).\nMaximum penalty: $2 500.\n50—Liability\nA decision of a gambling provider or an authorised person to exercise or not to exercise powers under this Part, or a failure of a gambling provider or an authorised person to exercise such powers, does not give rise to any liability of the gambling provider or authorised person to pay damages or compensation to any person.\n51—Delegation\n\t(1)\tA gambling provider may delegate a power or function under this Part to an employee or agent of the gambling provider.\n\t(2)\tA delegation—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be unconditional or subject to conditions; and\n\t(c)\tdoes not derogate from the power of the gambling provider to act personally in any matter; and\n\t(d)\tmay be revoked at any time by the gambling provider.\n52—Register\nThe Commissioner must maintain a register containing—\n\t(a)\tthe prescribed particulars of—\n\t(i)\tbarring orders; and\n\t(ii)\trequests for barring orders that are refused; and\n\t(iii)\tproblem gambling family protection orders referred to in section 13(3) of the Problem Gambling Family Protection Orders Act 2004; and\n\t(b)\tany information required to be included in the register under another Act; and\n\t(c)\tany other information that, in the opinion of the Commissioner, is relevant to barring or exclusion of persons from gambling activities or venues (on welfare or any other grounds).\n53—Winnings of barred person\n\t(1)\tA gambling provider may withhold winnings from a person if satisfied that the person is subject to a barring order under this Part, and in that event, must obtain the person's name and address and inform them of the right to have the decision reviewed.\n\t(2)\tA person who is aggrieved by a decision to have their winnings withheld may, within 14 days of being informed of the decision under subsection (1), apply to the Commissioner for a review of the decision.\n\t(3)\tThe Commissioner may confirm or revoke the decision and the Commissioner's decision on the matter is not reviewable.\n\t(4)\tA gambling provider must deal with any winnings withheld under subsection (1) as follows:\n\t(a)\tif the Commissioner revokes a decision made under subsection (1), the withheld winnings must be paid to the person;\n\t(b)\tif the Commissioner upholds a decision under subsection (1) or if the person does not apply to the Commissioner for a review of the decision under subsection (2), the withheld winnings are forfeited to the Commissioner and must be paid into the Gamblers Rehabilitation Fund established under section 73BA of the Gaming Machines Act 1992.\nPart 7—Review\n54—Right of review\n\t(1)\tA person who is dissatisfied with a decision of the Commissioner under Part 5 of this Act may, within 30 days after receiving notice of the decision, apply to the Court for a review of the decision.\n\t(2)\tA person who is dissatisfied with a decision of the Commissioner under the Authorised Betting Operations Act 2000 may, within 30 days after receiving notice of the decision, apply to the Court for a review of the decision.\n\t(3)\tA person who is dissatisfied with a decision of the Commissioner under the Casino Act 1997 may, within 30 days after receiving notice of the decision, apply to the Court for a review of the decision.\n\t(4)\tA party to proceedings before the Commissioner under the Gaming Machines Act 1992 who is dissatisfied with a decision or order made or given in the proceedings may apply to the Court for a review of the decision or order.\n\t(5)\tFor the purposes of subsection (4), the following provisions apply:\n\t(a)\tthe transferor of a gaming machine licence is a party to any proceedings relating to the transfer of the licence;\n\t(b)\ta person who has made a written submission in respect of an application under the Gaming Machines Act 1992 is entitled to be joined as a party to any proceedings relating to the application.\n\t(6)\tOn a review under this section, the Court may exercise any 1 or more of the following powers:\n\t(a)\taffirm, vary or quash the decision or order subject to the review;\n\t(b)\tmake any decision or order that should, in the opinion of the Court, have been made in the first instance;\n\t(c)\trefer a matter back to the decision‑maker for rehearing or reconsideration;\n\t(d)\tmake any incidental or ancillary order.\n\t(7)\tIf the reasons of the Commissioner are not given in writing at the time of making a decision and the person who is dissatisfied with 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.\n\t(8)\tNo right of appeal lies against a decision or order of the Court on a review under subsection (4).\n55—Operation of decisions pending review\n\t(1)\tSubject 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.\n\t(2)\tThe Commissioner or the Court may—\n\t(a)\tsuspend the operation of a decision, order or direction in relation to which an application for review has been made or is proposed; or\n\t(b)\tmake any other order or direction that may be appropriate in the circumstances.\n56—Finality of Governor's decisions\nA decision by the Governor under a gambling Act is not subject to review or appeal in any court.\nPart 8—Gambling Advisory Council\n57—Gambling Advisory Council\n\t(1)\tThe Gambling Advisory Council established under Part 2A of the Gambling Administration Act 1995 continues.\n\t(2)\tThe Gambling Advisory Council consists of—\n\t(a)\tthe Commissioner or a nominee of the Commissioner; and\n\t(b)\tthe following members, appointed, from time to time, by the Commissioner on terms and conditions determined by the Commissioner:\n\t(i)\ta nominee of the welfare agency;\n\t(ii)\tsuch 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.\n\t(3)\tThe functions of the Gambling Advisory Council are—\n\t(a)\tto assist the Commissioner in formulating, and advise the Commissioner on implementing, policies and legislative proposals affecting—\n\t(i)\tthe minimisation of harm caused by (and associated with) gambling, recognising the positive and negative impacts of gambling on communities; and\n\t(ii)\tthe maintenance of a socially responsible gambling industry; and\n\t(b)\tto 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\n\t(c)\tto consider other matters referred to the Gambling Advisory Council by the Commissioner.\n58—Proceedings\nThe procedures to be observed by the Gambling Advisory Council in relation to the conduct of its business will be—\n\t(a)\tas determined by the Commissioner; or\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the Gambling Advisory Council.\n59—Use of staff and facilities\nThe Gambling 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.\n60—Committees\n\t(1)\tThe Gambling Advisory Council may establish such committees as it thinks fit to assist it in the performance of its functions.\n\t(2)\tThe membership of a committee will be determined by the Gambling Advisory Council and may, but need not, consist of or include members of the Gambling Advisory Council.\n\t(3)\tThe procedures to be observed by a committee in relation to the conduct of its business will be—\n\t(a)\tas determined by the Gambling Advisory Council; or\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\nPart 9—Miscellaneous\n61—Annual report\n\t(1)\tThe 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 the gambling Acts during the preceding financial year.\n\t(2)\tA report of the Commissioner required under this section may be combined with a report of the Commissioner required under any other Act (provided that such reports relate to the same period).\n\t(3)\tThe Commissioner's report must include the following information:\n\t(a)\tthe total net State wagering revenue of all authorised betting operators under the Authorised Betting Operations Act 2000 in respect of the financial year to which the report relates;\n\t(b)\tthe total net gambling revenue of the holders of all gaming machine licences and the special club licence under the Gaming Machines Act 1992 in respect of the financial year to which the report relates.\n\t(4)\tThe Minister must, within 12 sitting days after receiving the Commissioner's report, have copies of the report laid before both Houses of Parliament.\n62—Prohibition on participation in gambling\n\t(1)\tThe Commissioner, and any person of a class prescribed by the regulations, must not engage in a gambling activity to which the Commissioner's statutory responsibilities extend.\nMaximum penalty: $10 000.\n\t(2)\tIn this section—\nCommissioner 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.\n63—False or misleading statements\nA person who knowingly makes a false or misleading statement in response to a requirement under a gambling Act is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of the holder of the casino licence—$500 000 or imprisonment for 2 years;\n\t(b)\tin any other case—$10 000 or imprisonment for 2 years.\n64—Evidence\n\t(1)\tIn proceedings for an offence against a gambling Act, information that a person was or was not at a specified time an inspector will be accepted as proved in the absence of proof to the contrary.\n\t(2)\tIn any legal proceedings, a document apparently certified by the Commissioner to be a licence, agreement, approval, notice or other document issued or made under a gambling Act, or to be a copy of such a document, will be accepted as such in the absence of proof to the contrary.\n65—Service\n\t(1)\tA notice or document required to be given or sent to a person under a gambling Act may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person—\n\t(i)\tat the person's last known address; or\n\t(ii)\tat any address for service provided by the person; or\n\t(c)\tbe left for the person with someone apparently over the age of 16 years at any address for service provided by the person; or\n\t(d)\tbe transmitted by email to an email address provided by the person (in which case the notice or document will be taken to have been given or sent at the time of transmission).\n\t(2)\tIf, under any Act or law, a gambling provider or person is a party to an arrangement, or is subject to a requirement, that the gambling provider or person be given notices or documents by the Commissioner in a manner not specified in subsection (1), a notice or document required to be given to the gambling provider or person by the Commissioner under a gambling Act may be given in that manner (or may be given in a manner specified in subsection (1)).\n\t(3)\tThis section does not apply to a notice or document required or authorised by a provision of Part 3B of the Authorised Betting Operations Act 2000, or a provision of the Taxation Administration Act 1996 as it applies to Part 3B of that Act, to be given to, served on or lodged with the Commissioner of State Taxation or any other person.\nNote—\nService of such notices or documents will be governed by the Taxation Administration Act 1996.\n66—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprescribe and provide for the payment of fees and provide for the waiver of or any exemptions from fees; and\n\t(b)\tprovide for a penalty, not exceeding $10 000, for a contravention of, or failure to comply with, any regulation; and\n\t(c)\tprovide for an expiation fee, not exceeding $750, for an alleged contravention of, or failure to comply with, any regulation.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\tmake 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\n\t(d)\tprovide 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.\nSchedule 1—Repeal, savings and transitional provisions etc\n1—Interpretation\nIn this Schedule—\ngambling provider includes the State Lotteries Commission;\nrelevant day means the day on which clause 3 commences.\n2—Repeal\nThe Gambling Administration Act 1995 is repealed.\n3—Transitional and other provisions\n\t(1)\tIf an inquiry being conducted by the Commissioner under section 13 of the Gambling Administration Act 1995 (as in force before the relevant day) has not been completed before the relevant day, the inquiry may be continued and completed by the Commissioner as if it had been commenced under section 7 of this Act.\n\t(2)\tA direction given by the Commissioner to a gambling provider pursuant to a gambling Act (as in force before the relevant day) may be enforced, after the relevant day, as if it had been given under section 10 of this Act.\n\t(3)\tA barring order in force under Part 4 of the Gambling Administration Act 1995 immediately before the relevant day, continues in force as if it had been made under Part 6 of this Act.\n\t(4)\tIf a review of a barring order under section 15G of the Gambling Administration Act 1995 (as in force before the relevant day) has not been completed before the relevant day, the review may be continued and completed by the Commissioner as if it had been commenced as a reconsideration under section 48 of this Act.\n\t(5)\tIf a reconsideration of a decision by the Commissioner under section 15H of the Gambling Administration Act 1995 (as in force before the relevant day) has not been completed before the relevant day, the reconsideration may be continued and completed by the Commissioner as if it had been commenced under section 48 of this Act.\n\t(6)\tThe register maintained by the Commissioner under section 15M of the Gambling Administration Act 1995 (as in force before the relevant day) continues as the register maintained by the Commissioner under section 52 of this Act.\n\t(7)\tAn advertising code of practice or a responsible gambling code of practice made and in force under a gambling Act immediately before the relevant day, continues in force as if it had been made under section 15 of this Act.\n\t(8)\tDisciplinary action commenced but not finally determined under a gambling Act before the relevant day may be continued and completed under Part 5 of this Act.\n\t(9)\tA person who is appointed as an inspector or is an authorised officer under a gambling Act immediately before the relevant day, will, on the commencement of Part 4 of this Act, be taken to be appointed as an inspector under that Part.\n\t(10)\tAny thing seized and retained by an authorised officer or the Commissioner under a gambling Act before the relevant day may, after the relevant day, be dealt with under section 32 of this Act.\n\t(11)\tA review commenced but not finally determined by the Court under a gambling Act before the relevant day may be continued and completed under Part 7 of this Act and the Court or the Commissioner may make a determination in accordance with section 55 of this Act pending the determination of review proceedings.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2019\n42\nGambling Administration Act 2019 \n12.12.2019\n3.12.2020 (Gazette 30.7.2020 p4103)\n2019\n41\nLotteries Act 2019 \n12.12.2019\nSch 1 (cll 12 & 15)—10.12.2021 (Gazette 28.10.2021 p3851)\n2024\n40\nCasino (Penalties) Amendment Act 2024\n3.10.2024\nSch 1 (cll 1 to 10)—21.11.2024 (Gazette 21.11.2024 p4214)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n21.11.2024\nPt 2\n\n\ns 8\n\n\ns 8(2)\namended by 40/2024 Sch 1 cl 1\n21.11.2024\ns 10\n\n\ns 10(3)\namended by 40/2024 Sch 1 cl 2\n21.11.2024\ns 16\n\n\ns 16(1)\namended by 40/2024 Sch 1 cl 3(1), (2)\n21.11.2024\nPt 5\n\n\ns 36\n\n\ns 36(1)\namended by 40/2024 Sch 1 cl 4(1)\n21.11.2024\ns 36(4)\ninserted by 40/2024 Sch 1 cl 4(2)\n21.11.2024\ns 37\n\n\ns 37(2)\namended by 40/2024 Sch 1 cl 5\n21.11.2024\ns 38\namended by 40/2024 Sch 1 cl 6\n21.11.2024\ns 39\n\n\ns 39(2)\namended by 40/2024 Sch 1 cl 7(1)\n21.11.2024\ns 39(6)\namended by 40/2024 Sch 1 cl 7(2)\n21.11.2024\ns 42\nsubstituted by 40/2024 Sch 1 cl 8\n21.11.2024\nPt 9\n\n\ns 63\namended by 40/2024 Sch 1 cl 9\n21.11.2024\nTransitional etc provisions associated with Act or amendments\nLotteries Act 2019, Sch 1 Pt 3—Transitional provisions etc\n12—Interpretation\nIn this Part—\nformer Act means the Lottery and Gaming Act 1936, as in force before the commencement of Part 2 of this Schedule.\n15—Inspectors appointed under repealed Act\nA person who was, immediately before the commencement of clause 6 of this Schedule, a lottery inspector under the former Act is, on the commencement of clause 6 of this Schedule, taken to be an inspector authorised for the purposes of this Act under the Gambling Administration Act 2019.\nCasino (Penalties) Amendment Act 2024, Sch 1 Pt 2\n10—Transitional provisions\n\t(1)\tIf, before the relevant day, the Commissioner has given a notice to the casino licensee under section 39(1) of the Gambling Administration Act 2019, the Commissioner may, on or after the relevant day, take disciplinary action under section 39(2) of that Act as amended by this Act (including, to avoid doubt, imposing a fine not exceeding that applying under section 39(2)(b)(ii) as amended by this Act).\n\t(2)\tThe Commissioner may, on or after the relevant day, determine that there is proper cause for disciplinary action against the holder of the casino licence in respect of conduct that occurred (or is alleged to have occurred) before the relevant day that would have amounted to proper cause for disciplinary action under section 36(1) of the Gambling Administration Act 2019 as amended by this Act.\n\t(3)\tThe Commissioner may, on or after the relevant day—\n\t(a)\tgive a notice to the casino licensee under section 39(1) of the Gambling Administration Act 2019 in respect of conduct that occurred (or is alleged to have occurred) before the relevant day whether or not the conduct (or alleged conduct) would have amounted to proper cause for disciplinary action under section 36(1) of that Act at the time the conduct occurred (or is alleged to have occurred); and\n\t(b)\ttake disciplinary action in respect of such conduct under section 39(2) of the Gambling Administration Act 2019 as amended by this Act (including, to avoid doubt, imposing a fine not exceeding that applying under section 39(2)(b)(ii) as amended by this Act).\n\t(4)\tThe Commissioner may, on or after the relevant day—\n\t(a)\tgive a default notice to the casino licensee under section 38 of the Gambling Administration Act 2019 in respect of conduct occurring (or alleged to have occurred) before the relevant day whether or not the conduct (or alleged conduct) would have amounted to proper cause for disciplinary action under section 36(1) of that Act at the time the conduct occurred (or is alleged to have occurred); and\n\t(b)\tspecify in the default notice that disciplinary action in respect of that conduct may be avoided by payment of a specified sum not exceeding the amount in section 38(b) of the Gambling Administration Act 2019 as amended by this Act.\n\t(5)\tIn this clause—\nrelevant day means the day on which this clause comes into operation.","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative content was not available. The page returned a website error rather than the text of the Gambling Administration Act 2019 (SA). No comparison between original intent and current provisions is possible."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","The document contains only website navigation elements and error messaging, not legislative text","No provisions, sections, definitions, or operative clauses are available for analysis","Complexity cannot be meaningfully assessed without access to the actual Act"],"plain_english_summary":"**⚠️ Content Unavailable — Page Not Found**\n\nThe requested legislation — the **Gambling Administration Act 2019 (SA)** — could not be retrieved. The South Australian legislation website returned a 'Page Not Found' error, likely because a bookmark or hyperlink created before **24 March 2026** was used to access the content, and the website has since been restructured.\n\n**What we do know about this Act generally:**\nThe Gambling Administration Act 2019 is a South Australian law that provides the overarching regulatory framework for gambling in South Australia. It typically covers:\n- Licensing and oversight of gambling operators\n- Powers of the gambling regulator\n- Responsible gambling obligations\n- Compliance and enforcement mechanisms\n\n**Who it affects:** Gambling businesses, licensed venues, gaming machine operators, and South Australian residents who gamble.\n\n**To access the actual legislation**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for 'Gambling Administration Act 2019'."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act replaced the Gambling Administration Act 1995 and consolidated administrative provisions (Schedule 1 cl 2; section 3). Subsequent amendments listed in the legislative history (for example the Casino (Penalties) Amendment Act 2024) modified penalty scales and other provisions (legislative history entries; Schedule 1 Pt 2 transitional clauses), and specific sections have been varied by later instruments (see entries showing amendments to sections 8, 10, 16, 36–39, 42 and 63). Transitional clauses for those amendments permit the Commissioner to take disciplinary action or issue notices in respect of conduct before the amendment date in specified circumstances (Casino (Penalties) Amendment Act 2024, Sch 1 Pt 2 cl 1–4). In short: the statutory framework was re‑scoped from the 1995 Act into this consolidated Act, and later amendments have expanded or revised regulatory penalties and disciplinary application (see legislative history and Schedule 1 Pt 2)."},"complexity_factors":["Wide discretionary powers granted to the Commissioner across codes, guidelines, directions and disciplinary measures (sections 9, 10, 15, 17, 36–39)","Multiple regulatory instruments and delegated instruments (codes, guidelines, regulations, Gazette notices) that determine operational specifics and vary by class of provider (sections 15, 17, 66)","Layering of administrative enforcement, criminal offences and civil remedies with varied penalty scales depending on licence type (sections 8, 10, 16, 37–39, 63)","Extensive inspector powers of entry, seizure and questioning with conditional warranting rules and limits (sections 26–29, 31–33)","Interplay with several distinct gambling Acts and the power for this Act to prevail in inconsistency (section 4 and section 5 definitions)","Confidentiality and criminal‑intelligence rules that limit disclosure and can narrow the grounds given for decisions (sections 19, 21, 22)","Administrative processes including notice, review, reconsideration, Court review and finality of some executive decisions that vary by decision type (sections 7, 14, 48, 54–56)","Technical approvals and standards for systems (cashless gaming, facial recognition, automated risk monitoring) delegated to Commissioner guidance, producing technical and procurement complexity for providers (section 17)","Numerous transitional and amendment provisions affecting retrospective application and differing treatment for classes of providers (Schedule 1; legislative history)"],"plain_english_summary":"The Act centralises gambling regulation in South Australia under a single Commissioner with broad investigative, supervisory and disciplinary powers. It makes gambling operators responsible for compliance — providing information, following mandatory codes (advertising, responsible‑gambling, training and approved systems), keeping records and implementing technical controls — and exposes them to fines, suspensions, forfeiture and other remedies for breaches. It also authorises barring orders for individuals and limits disclosure of regulator‑held information."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original stated purpose in s 3(1): to consolidate administrative and regulatory provisions relating to different forms of gambling and confer functions on the Commissioner. While the Act is comprehensive (covering inspectors, disciplinary action, barring orders, and advisory councils), these components serve the core objects of harm minimisation and industry regulation established in s 3(2). The 2024 amendments increased penalties but did not expand the substantive scope beyond gambling administration."},"complexity_factors":["Multiple overlapping definitions of 'gambling provider' that vary by Part (e.g., s 5 vs s 35 vs s 43)","Extensive cross-referencing to other gambling Acts (Casino Act 1997, Gaming Machines Act 1992, Authorised Betting Operations Act 2000, Lotteries Act 2019)","Tiered penalty structures with different maximum fines based on licence type (casino vs betting vs gaming machines) and offence category (A, B, C, D)","Conditional powers requiring 'reasonable grounds' or 'reasonable suspicion' for inspectors to act (ss 26, 31)","Nested exceptions in information disclosure provisions (s 19) and defences to offences (s 47(3))","Transitional provisions preserving actions commenced under the repealed 1995 Act (Schedule 1, clause 3)","Complex barring order mechanics involving self-requested vs imposed orders, minimum periods, reconsideration processes, and winnings forfeiture (Part 6)","Interaction between administrative disciplinary action and parallel criminal/civil proceedings (s 42)"],"plain_english_summary":"This is South Australia's **Gambling Administration Act 2019**, which sets up the rules for how gambling is regulated in the state. It replaces an older 1995 law.\n\n**What it does:**\n- **Creates a central regulator**: The Liquor and Gambling Commissioner (called just \"the Commissioner\" in the Act) oversees all gambling activities—casinos, gaming machines (pokies), betting, and lotteries.\n- **Sets the rules of the game**: The Commissioner can make **codes of practice** (mandatory rules) about responsible gambling and advertising, and issue **guidelines** on things like staff training and cashless gaming systems.\n- **Protects vulnerable people**: The Act allows for **barring orders**—bans that stop people from entering gambling venues if they're at risk of harm. These can be requested by the person themselves, or imposed by the Commissioner or gambling venues.\n- **Powers of inspection**: **Inspectors** can enter gambling venues, check records, seize evidence of offences, and give directions to fix problems.\n- **Disciplinary action**: If gambling providers (casinos, betting companies, pubs with pokies) break the rules, the Commissioner can fine them (up to $75 million for serious casino breaches), suspend or cancel their licences, or disqualify individuals from running gambling businesses.\n- **Information sharing**: Strict rules control who can see sensitive gambling data, with special protections for **criminal intelligence** (police information about suspected crimes).\n\n**Who it affects:**\n- Gambling businesses (casinos, betting operators, pubs and clubs with gaming machines)\n- People who gamble, especially those experiencing gambling harm\n- Regulators, police, and welfare agencies\n\n**Why it matters:**\nThe Act tries to balance two things: allowing a gambling industry to operate, while **minimising the harm** gambling causes to individuals and communities. It gives the Commissioner strong powers to investigate, punish wrongdoing, and enforce responsible gambling practices."}},"importantCases":[],"_links":{"self":"/api/acts/gambling-administration-act-2019","history":"/api/acts/gambling-administration-act-2019/history","analysis":"/api/acts/gambling-administration-act-2019/analysis","conflicts":"/api/acts/gambling-administration-act-2019/conflicts","importantCases":"/api/acts/gambling-administration-act-2019/important-cases","documents":"/api/acts/gambling-administration-act-2019/documents"}}