Div 2Agreements with licensee

Division 2—Agreements with licensee 12—Approved licensing agreements (1) There is to be an agreement (the approved licensing agreement) between a licensee and the Minister about— (a) the scope and operation of the licensed business; and (b) the term of the licence; and (c) the conditions of the licence; and (d) the performance of the licensee's responsibilities under the licence or this Act. (2) An agreement may deal with other subjects relevant to the licence or the licensed business. (3) An agreement— (a) is to be entered into with a prospective licensee before the licence is granted or with the licensee before renewal of the licence; and (b) is to remain in force for the term of the licence; and (c) must be consistent with the provisions of this Act. (4) If an agreement so provides, specified provisions of the agreement become conditions of the licence. (5) An agreement may require the Minister or the Commissioner to provide information relating to the licensee or the licensee's operations under the licence to a specified person and, if it does so, the information may be provided without breaching any other law. (6) An agreement may contain provisions governing the exercise of powers of the Minister or the Commissioner under this Act or the Gambling Administration Act 2019. (7) An agreement binds— (a) the licensee; and (b) the Minister; and (d) the Commissioner; and (e) if the agreement so provides, any other person who consents to be bound by the agreement, to the extent provided in the agreement. (8) An agreement may contain provisions governing its variation by later agreement, but such a variation must be consistent with the provisions of this Act. (9) An agreement may contain an assurance, on terms and conditions fixed in the agreement, that the licensee's right to conduct specified betting operations in this State will be an exclusive right and not be impugned during a period set out in the agreement. (11) An agreement must contain provisions fixing, for a form of betting in which the actual amounts payable on winning bets are not pre-determined, the maximum proportion of money invested that may be retained by the licensee. (12) Entering into, giving effect to, or enforcing an agreement is, subject to conditions and limitations prescribed by regulation, authorised for the purposes of section 51 of the Competition and Consumer Act 2010 of the Commonwealth, as in force from time to time, and the Competition Code of South Australia. (13) In subsection (12)— entering into an agreement means entering into or negotiating an agreement, including acting collectively or in combination with others in or with respect to the negotiation of an agreement; giving effect to an agreement includes complying with an obligation or exercising a right or power under the agreement. 13—Racing distribution agreements (1) At all times during the term of the comprehensive licence the licensee must have in force an agreement (the racing distribution agreement) with the racing industry about terms and conditions on which the licensee may conduct betting operations on races held by licensed racing clubs. (2) Without limiting the matters that may be included in the agreement, the agreement must include provisions relating to— (a) the arrangement of racing programs and the provision of racing information to the licensee; and (b) the payments to be made by the licensee to the racing industry. (3) The agreement is to be entered into with a prospective licensee before the licence is granted or with the licensee before renewal of the licence. (4) The agreement may be varied by a later agreement between the parties. (5) It is a condition of the comprehensive licence that the licensee must perform its obligations under the agreement. (6) Each racing controlling authority and its related licensed racing clubs are taken to be parties to a contract under seal under which each of the licensed racing clubs agrees to comply with any directions given by the controlling authority for the purposes of enabling the racing industry to perform its obligations and exercise its rights under the agreement. (7) Each racing controlling authority must give directions to its related licensed racing clubs as required for the purposes of enabling the racing industry to perform its obligations and exercise its rights under the agreement. (8) The following is, subject to conditions and limitations prescribed by regulation, authorised for the purposes of section 51 of the Competition and Consumer Act 2010 of the Commonwealth, as in force from time to time, and the Competition Code of South Australia: (a) entering into, giving effect to, or enforcing the agreement in so far as such conduct prevents or restricts the acquisition by the licensee or another person specified in the agreement of racing information from a person other than the person specified in the agreement as the supplier of the information; (b) entering into, giving effect to, or enforcing the agreement in so far as such conduct prevents or restricts the supply by a person specified in the agreement of racing information to a person other than the licensee or another person specified in the agreement; (c) entering into, giving effect to, or enforcing the agreement in so far as such conduct prevents or restricts the supply by the licensee or a person specified in the agreement of racing information received in accordance with the agreement to another person; (d) entering into, giving effect to, or enforcing the agreement in so far as such conduct lessens competition in relation to the conduct of on-course totalisator betting operations; (e) entering into, giving effect to, or enforcing provisions of the agreement prescribed by regulation. (9) In this section— entering into an agreement means entering into or negotiating an agreement, including acting collectively or in combination with others in or with respect to the negotiation of an agreement; giving effect to the agreement, or provisions of the agreement, includes— (a) complying with an obligation or exercising a right or power under the agreement or provisions; and (b) giving or complying with a direction referred to in subsection (6) or (7); racing industry means either or both of the following: (a) the racing controlling authorities; or (b) a body for the time being nominated to the Minister by the racing controlling authorities as a body representative of the racing controlling authorities; racing information means information about races held within the State or elsewhere in Australia; related licensed racing club, in relation to a racing controlling authority, means a licensed racing club that— (a) is related to the racing controlling authority through its membership of the authority, or its membership of a body that is a member of the authority; or (b) is registered by the racing controlling authority. 15—Approved licensing agreement to be tabled in Parliament The Minister must, within 12 sitting days after entering into an approved licensing agreement or an agreement for the variation of an approved licensing agreement, have copies of the agreement laid before both Houses of Parliament.