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Authorised Betting Operations Act 2000
Part 8Miscellaneous
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Part 8—Miscellaneous
79A—Licensees may bet with interstate licensees conducting fixed-odds betting
A licence that authorises the licensee to conduct fixed-odds betting also authorises the licensee to make, in the course of conducting fixed-odds betting under the licence, bets with persons authorised under the law of another State or a Territory of Australia to conduct fixed-odds betting.
80—Lawfulness of betting operations conducted in accordance with Act
Betting operations conducted in accordance with this Act (including operations of a person of whom the holder of a major betting operations licence is an agent under a transaction approved by the Commissioner under this Act) are lawful and do not, in themselves, constitute a public or private nuisance.
81—Further trade practices authorisations
(1) Entering into, giving effect to, or enforcing—
(a) the Government Agreement; or
(b) an agreement substantially in the form of the draft agreement entitled Racing Distribution Agreement attached to the Government Agreement; or
(c) a prescribed agreement, arrangement or instrument,
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.
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, or provisions of an agreement, arrangement or instrument, includes complying with an obligation or exercising a right or power under the agreement or provisions;
Government Agreement means the agreement of that name entered into between the racing controlling authorities and the State in October 2000;
prescribed agreement, arrangement or instrument means an agreement, arrangement or instrument of any of the following kinds prescribed by regulation:
(a) an Intercode Agreement within the meaning of the Government Agreement;
(b) an Intracode Agreement within the meaning of the Government Agreement;
(c) the constitution of a racing controlling authority;
(d) an agreement or arrangement to which any combination of the following are parties:
(i) a body for the time being nominated to the Minister by the racing controlling authorities as a body representative of the racing controlling authorities;
(ii) racing controlling authorities;
(iii) racing clubs;
(iv) the holder of a major betting operations licence;
(v) the State;
(e) an agreement, arrangement or instrument related to a major betting operations licence, an approved licensing agreement, the racing distribution agreement or an agreement, arrangement or instrument referred to in a preceding paragraph of this definition.
83—False or misleading information
A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished, or record kept, under this Act.
84—Offences by bodies corporate
(1) If a body corporate is guilty of a prescribed offence, the manager of the body corporate and each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the manager or member (as the case may be) proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.
(2) If a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), the manager of the body corporate and each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—
(a) the manager or member (as the case may be) knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and
(b) the manager or member (as the case may be) was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and
(c) the manager or member (as the case may be) failed to exercise due diligence to prevent the commission of the offence.
(3) Subsection (2) does not apply if the principal offence is an offence against section 24(3).
(3a) The regulations may make provision in relation to the criminal liability of members of the governing body, or the manager, of a body corporate that is guilty of an offence against the regulations.
(4) In this section—
prescribed offence means an offence against section 18, 20(1), 27, 61 or 62E.
85—Reasons for decision
(1) The Governor is not bound to give reasons for a decision under this Act.
(2) Subject to this Act, the Commissioner is not bound to give reasons for a decision of the Commissioner under this Act.
86—Power of Commissioner in relation to approvals
For the purposes of this Act, an approval of the Commissioner required under this Act—
(a) may, if the Commissioner thinks fit, be of a general nature extending to matters specified by the Commissioner; and
(b) may be unconditional or subject to conditions specified by the Commissioner.
87—Confidentiality of information provided by Commissioner of Police
(1) No information provided by the Commissioner of Police to the Commissioner may be disclosed to any person (except the Minister or a person to whom the Commissioner of Police authorises its disclosure) if the Commissioner of Police asks for the information to be kept confidential on the ground that its disclosure might—
(b) create a risk of loss, harm or undue distress.
(2) This section applies in addition to the provisions of the Gambling Administration Act 2019.
89—Evidence
(1) In proceedings for an offence against this Act or the Taxation Administration Act 1996 as it applies in connection with Part 3B, an allegation in the complaint—
(a) that a person was or was not at a specified time the holder of a specified licence or approval or an authorised interstate betting operator; or
(b) that a licence or approval was at a specified time subject to specified conditions; or
(c) that premises were or were not at a specified time a licensed betting shop,
will be accepted as proved in the absence of proof to the contrary.
91—Regulations
(1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the regulations may—
(a) provide for ex gratia payments in relation to unclaimed winnings by the Treasurer and for the appropriation from the Consolidated Account of money required for the purpose;
(ab) declare that a specified form of betting is or is not fixed-odds betting for the purposes of this Act;
(ac) require licensed racing clubs or licensed bookmakers to pay unclaimed winnings or totalisator fractions (or both) to the Treasurer;
(b) fix fees in respect of any matter under this Act and provide for their payment, recovery or waiver;
(c) impose fines, not exceeding $20 000, for offences against the regulations.
(3) The regulations may—
(a) be of general application or vary in their application according to prescribed factors;
(b) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner.
(4) The Governor may, by regulation, make provisions of a saving or transitional nature consequent on the enactment of any amendments to this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act.
(5) A provision of a regulation referred to in subsection (4) may, if the regulation so provides, take effect from the commencement of the amendments or provisions, or on the making of the regulations, or from a later day.
(6) To the extent to which a provision takes effect under subsection (5) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
Legislative history
Notes
• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For 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.
Legislation amended by principal Act
The Authorised Betting Operations Act 2000 amended the following:
Criminal Law (Undercover Operations) Act 1995
Lottery and Gaming Act 1936
Workers Rehabilitation and Compensation Act 1986
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
Authorised Betting Operations Act 2000
21.12.2000
25.1.2001 (Gazette 25.1.2001 p300) except s 2(2)—21.12.2000: s 2(3) and except ss 3—12(11), 13(1)—(7) & (10), 14—45, 47, 50—58, 60—80, 83—92, Sch 1 and Sch 2 (cll 1, 3 & 4)—14.12.2001 (Gazette 6.12.2001 p5266) and except ss 59 and 82 deleted by 64/2001 without coming into operation and except Sch 2 (cl 2) deleted by 44/2003 without coming into operation and except ss 48 & 49—30.4.2004 (Gazette 29.1.2004 p292) and except s 46—1.9.2004 (Gazette 26.8.2004 p3402)
Statutes Amendment (Gambling Regulation) Act 2001
31.5.2001
Pt 2 (ss 4—7)—14.12.2001 (Gazette 6.12.2001 p5267); Pt 2 (ss 8—10)—31.5.2003 (s 7(5) Acts Interpretation Act 1915)
Statutes Amendment (Bookmakers) Act 2001
6.12.2001
Pt 2 (ss 4 & 5)—7.12.2001 (Gazette 6.12.2001 p5267)
Statutes Amendment (Corporations—Financial Services Reform) Act 2002
28.11.2002
Pt 2 (ss 4—7)—1.8.2003 (Gazette 10.7.2003 p2913)
Statute Law Revision Act 2003
23.10.2003
Sch 1—24.11.2003 (Gazette 13.11.2003 p4048)
Authorised Betting Operations (Licence and Permit Conditions) Amendment Act 2003
20.11.2003
11.3.2004 (Gazette 11.3.2004 p783)
Authorised Betting Operations (Betting Review) Amendment Act 2004
13.5.2004: s 2(1) except ss 4(1)—(4), 15(1)—(3), (5), 16—19, 21, 24, 25, Sch 1 cl 1—1.9.2004 (Gazette 12.8.2004 p3219)
Statutes Amendment (New Rules of Civil Procedure) Act 2006
6.7.2006
Pt 10 (ss 43 & 44)—4.9.2006 (Gazette 17.8.2006 p2831)
Statutes Amendment (Domestic Partners) Act 2006
14.12.2006
Pt 10 (ss 34 & 35)—1.6.2007 (Gazette 26.4.2007 p1352)
Statutes Amendment (Investigation and Regulation of Gambling Licensees) Act 2007
Pt 2 (s 3—8) & Sch 1 (cl 1)—1.11.2007
Statutes Amendment (Betting Operations) Act 2008
4.12.2008
Pt 2 (ss 4—33) & Sch 1—1.3.2009 (Gazette 26.2.2009 p764)
Authorised Betting Operations (Trade Practices Exemption) Amendment Act 2009
7.5.2009
1.3.2009 immediately after 47/2008: s 2
Statutes Amendment (Directors' Liability) Act 2011
22.9.2011
Pt 7 (s 9)—1.1.2012 (Gazette 15.12.2011 p4988)
Statutes Amendment (Directors' Liability) Act 2013
23.5.2013
Pt 6 (s 10)—17.6.2013 (Gazette 6.6.2013 p2498)
Statutes Amendment (Gambling Reform) Act 2013
8.8.2013
Pt 2 (s 10)—31.8.2013; s 5—31.10.2013; ss 4, 6, 7, 9 & 11—1.1.2014; s 8—1.7.2014 (Gazette 29.8.2013 p3648)
Statutes Amendment (Budget 2016) Act 2016
8.12.2016
Pt 2 (ss 4—59)—1.7.2017 (Gazette 27.6.2017 p2621)
Statutes Amendment and Repeal (Simplify) Act 2017
Pt 3 (ss 10—13)—15.3.2017: s 2(1)
Statutes Amendment and Repeal (Budget Measures) Act 2018
22.11.2018
Pt 2 (ss 4 to 36)—1.12.2018 (Gazette 29.11.2018 p4058)
Gambling Administration Act 2019
12.12.2019
Sch 1 (cll 1 & 3(2), (7) to (11))—3.12.2020 (Gazette 30.7.2020 p4103)
Statutes Amendment (Gambling Regulation) Act 2019
12.12.2019
Pt 2 (ss 4 to 39) & Sch 1 (cl 1)—3.12.2020 (Gazette 30.7.2020 p4103)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended by 44/2003 s 3(1) (Sch 1)
24.11.2003
amended by 47/2008 s 4
Pt 1
s 2
omitted under Legislation Revision and Publication Act 2002
inserted by 44/2019 s 4
s 3
s 3(1)
advertising code of practice
inserted by 47/2008 s 5(1)
amended by 44/2019 s 5(1)
agent's licence
inserted by 11/2004 s 4(1)
authorised betting operator
inserted by 57/2016 s 4(1)
authorised interstate betting operator
inserted by 47/2008 s 5(2)
authorised officer
(b) deleted by 35/2018 s 4(1)
deleted by 44/2019 s 5(2)
Authority
substituted by 18/2001 s 4(a)
deleted by 35/2018 s 4(2)
betting exchange
inserted by 47/2008 s 5(3)
betting shop licence
deleted by 44/2019 s 5(3)
bookmaker
deleted by 11/2004 s 4(2)
clerk's licence
deleted by 11/2004 s 4(3)
Commissioner
amended by 18/2001 s 4(b)
substituted by 44/2019 s 5(4)
comprehensive licence
inserted by 57/2016 s 4(2)
conduct betting operations
inserted by 47/2008 s 5(4)
contribution agreement
inserted by 47/2008 s 5(4)
criminal intelligence
inserted by 37/2013 s 4
deleted by 44/2019 s 5(5)
designated person
inserted by 45/2007 s 3
domestic partner
inserted by 43/2006 s 34(1)
duty
deleted by 57/2016 s 4(3)
duty agreement
deleted by 57/2016 s 4(3)
gambling administration guidelines
inserted by 44/2019 s 5(6)
integrity agreement
inserted by 47/2008 s 5(5)
interstate betting operator
inserted by 47/2008 s 5(5)
licensed betting shop
deleted by 44/2019 s 5(7)
licensing authority
inserted by 11/2004 s 4(4)
deleted by 35/2018 s 4(3)
limited licence
inserted by 57/2016 s 4(4)
major betting operations licence
amended by 57/2016 s 4(5)
prescribed interstate licence
inserted by 47/2008 s 5(6)
responsible gambling code of practice
inserted by 47/2008 s 5(7)
amended by 44/2019 s 5(8)
spouse
inserted by 43/2006 s 34(2)
State-owned company
amended by 34/2002 s 4(a)
deleted by 11/2004 s 4(5)
statutory default
deleted by 44/2019 s 5(9)
substantial holding
amended by 34/2002 s 4(b)
deleted by 44/2019 s 5(9)
TABCO, TABCO(A) and TABCO(B)
deleted by 11/2004 s 4(6)
taxation default
inserted by 44/2019 s 5(9)
telephone, Internet or other electronic means
inserted by 47/2008 s 5(8)
24 hour sportsbetting licence
inserted by 50/2003 s 4
s 3(2)
amended by 34/2002 s 4(c)
s 3(3)
inserted by 47/2008 s 5(9)
s 3A
inserted by 44/2019 s 6
s 4
s 4(1)
amended by 47/2008 s 6(1)
s 4(2)
substituted by 47/2008 s 6(2)
s 4(2a)
inserted by 11/2004 s 5
deleted by 47/2008 s 6(2)
s 4(3)
substituted by 47/2008 s 6(2)
amended by 44/2019 s 7
s 4(3a)
inserted by 47/2008 s 6(2)
s 4(4)
s 4A
inserted by 44/2019 s 8
s 5
s 5(1)
s 5 amended and redesignated as s 5(1) by 34/2002 s 5(a)—(c)
amended by 43/2006 s 35
amended by 44/2019 s 9(1), (2)
s 5(1a)
inserted by 44/2019 s 9(3)
s 5(2)
inserted by 34/2002 s 5(c)
substantial holding
inserted by 44/2019 s 9(4)
s 6A before substitution by 44/2019
inserted by 47/2008 s 7
s 6A(1)
s 6A(2)
deleted by 37/2013 s 5(1)
s 6A(3)
amended by 37/2013 s 5(2)
amended by 35/2018 s 5(1)
s 6A(3a)
inserted by 37/2013 s 5(3)
s 6A(4)
s 6A(4a)
inserted by 37/2013 s 5(4)
s 6A(5)
deleted by 37/2013 s 5(5)
s 6A(6)
amended by 37/2013 s 5(6)
deleted by 35/2018 s 5(2)
s 6A(7) and (8)
s 6A(9)
inserted by 37/2013 s 5(7)
s 6A
substituted by 44/2019 s 10
s 6B before deletion by 44/2019
inserted by 37/2013 s 6
s 6B(1)—(3)
amended by 35/2018 s 6
s 6B
deleted by 44/2019 s 10
Pt 2
amended by 57/2016 s 5
Pt 2 Div 1
amended by 57/2016 s 6
s 7
s 7(1) and (2)
amended by 57/2016 s 7(1)
s 7(3)
deleted by 11/2004 s 6(1)
inserted by 57/2016 s 7(2)
s 7(4)
amended by 11/2004 s 6(2)
amended by 57/2016 s 7(3)
s 7(5)
s 8
amended by 57/2016 s 8
s 9
s 9(1)
s 9 amended by 11/2004 s 7
s 9 amended and redesignated as s 9(1) by 57/2016 s 9(1), (2)
s 9(2)
inserted by 57/2016 s 9(2)
s 10
s 10(1)
amended by 57/2016 s 10(1)
s 10(2)
amended by 57/2016 s 10(2)
s 10(3)
s 11
s 11(1)
amended by 57/2016 s 11
s 11(2)
s 11(3)
Pt 2 Div 2
s 12
s 12(1)
amended by 57/2016 s 12(1)
s 12(2)
s 12(3)
(d) deleted by 35/2018 s 7(1)
s 12(4)
amended by 57/2016 s 12(3)
s 12(5)
amended by 35/2018 s 7(2)
s 12(6)
amended by 18/2001 s 5
amended by 35/2018 s 7(2), (3)
amended by 44/2019 s 11
s 12(7)
(c) deleted by 35/2018 s 7(4)
s 12(8)
amended by 35/2018 s 7(5)
s 12(9)
s 12(10)
amended by 57/2016 s 12(4)
deleted by 35/2018 s 7(6)
s 12(11)
s 12(12)
amended by 57/2016 s 12(4), (5)
s 12(13)
inserted by 47/2008 s 8
giving effect
amended by 57/2016 s 12(6)
s 13
s 13(1)
amended by 57/2016 s 13(1)
s 13(5)
amended by 57/2016 s 13(2)
s 13(8)
amended by 57/2016 s 13(3)
s 13(9)
inserted by 47/2008 s 9
s 13(10)
deleted by 11/2004 s 8
s 14
deleted by 57/2016 s 14
s 15
s 15(1)
substituted by 35/2018 s 8
s 15(2)
deleted by 57/2016 s 15
Pt 2 Div 3
s 16
s 16(1)
amended by 57/2016 s 16(1)
s 16(2)
deleted by 11/2004 s 9
s 16(3)
amended by 57/2016 s 16(2), (3)
s 16(4)
s 17
s 17(1)
amended by 57/2016 s 17
s 17(2)
s 17(3)
deleted by 11/2004 s 10
s 18
s 18(1)
amended by 57/2016 s 18(1)
s 18(2)
amended by 57/2016 s 18(2)
amended by 35/2018 s 9
s 18(3)
amended by 57/2016 s 18(2)
s 18(4) and (5)
s 19
s 19(1)
amended by 57/2016 s 19(1)
s 19(2)
amended by 57/2016 s 19(2)
Pt 2 Div 4
heading amended by 11/2004 s 11
s 20
s 20(1)
amended by 11/2004 s 12(1)
amended by 57/2016 s 20(1), (2)
s 20(1a) and (1b)
inserted by 37/2013 s 7
s 20(2)
amended by 11/2004 s 12(2)
amended by 57/2016 s 20(1), (3)
s 20(3)
amended by 11/2004 s 12(3)
amended by 57/2016 s 20(4)
s 20(4)
deleted by 11/2004 s 12(4)
s 20(5)
amended by 57/2016 s 20(4)
s 20(6)
inserted by 11/2004 s 12(5)
designated person
amended by 57/2016 s 20(4), (5)
Pt 2 Div 5
s 21
s 21(1)
amended by 45/2007 s 4(1)
amended by 35/2018 s 35(1), (2)
amended by 57/2016 s 21(1), (2)
s 21(2)
amended by 45/2007 s 4(2)
amended by 57/2016 s 21(1), (3)
amended by 35/2018 s 35(1), (2)
s 21(3)
s 22
s 22(1) and (2)
amended by 57/2016 s 22(1)
s 22(3)
amended by 57/2016 s 22(2)
s 22(4)
substituted by 45/2007 s 5
amended by 57/2016 s 22(3)
amended by 44/2019 s 12
s 22(5) and (6)
Pt 2 Div 6
s 23
s 23(1)
s 23(2)
amended by 57/2016 s 23
s 23(3)
s 24
s 24(1)
s 24(2)
amended by 57/2016 s 24
s 24(3)
s 24(4)
amended by 18/2001 s 6
amended by 35/2018 s 11
amended by 44/2019 s 13
s 25
s 25(1)
substituted by 45/2007 s 6(1)
amended by 57/2016 s 25(1)
s 25(2)
amended by 45/2007 s 6(2)
s 25(3)
amended by 45/2007 s 6(3)
s 25(4)
amended by 45/2007 s 6(4)
s 25(5)
s 25(6)
amended by 45/2007 s 6(5)
amended by 57/2016 s 25(2)
s 26
substituted by 45/2007 s 7
amended by 57/2016 s 26
Pt 2 Div 6A
inserted by 44/2019 s 14
Pt 2 Div 7
s 27
s 27(1)
amended by 57/2016 s 27
s 27(2)
deleted by 44/2019 s 15(1)
s 27(3)
amended by 57/2016 s 27
s 27(4)
inserted by 44/2019 s 15(2)
s 28 before deletion by 44/2019
s 28(1)
amended by 57/2016 s 28
amended by 35/2018 s 12
s 28(2)
amended by 11/2004 s 13
amended by 57/2016 s 28
amended by 35/2018 s 12
s 28
deleted by 44/2019 s 16
s 29
s 29(1)
amended by 34/2002 s 6
amended by 57/2016 s 29
s 29(3)
s 29(4)
amended by 35/2018 ss 13, 35(1)
s 30
deleted by 11/2004 s 14
Pt 2 Div 8
deleted by 57/2016 s 30
Pt 2 Div 9 before deletion by 44/2019
s 33
s 33(1)
amended by 57/2016 s 31(1)
s 33(2)
amended by 57/2016 s 31(2)
s 33(3)
Pt 2 Div 9
deleted by 44/2019 s 17
Pt 2 Div 10
inserted by 45/2007 s 8
s 33A
s 33A(1) and (2)
amended by 57/2016 s 32(1)
s 33A(3)
amended by 57/2016 s 32(2)
s 33A(4) and (5)
amended by 57/2016 s 32(3)
s 33A(7)
administration cost
amended by 57/2016 s 32(4)
Pt 3
substituted by 47/2008 s 10
Pt 3 Div 1
s 34
s 34(1)
amended by 50/2003 s 5(1)
amended by 11/2004 s 15(1), (2)
amended by 35/2018 ss 14, 35(1)
(d) deleted by 44/2019 s 18(1)
s 34(2)
substituted by 11/2004 s 15(3)
s 34(2a)
inserted by 11/2004 s 15(3)
s 34(2b)
inserted by 11/2004 s 15(4)
deleted by 44/2019 s 18(2)
s 34(3)
s 34(4)
inserted by 50/2003 s 5(2)
amended by 11/2004 s 15(5)
s 35
s 35(2)
s 36
s 36(1)
amended by 11/2004 s 16(1)
amended by 35/2018 s 15
s 36(2)
amended by 11/2004 s 16(2)
amended by 35/2018 s 15
s 36(4)
s 36(5)
inserted by 50/2003 s 6
amended by 11/2004 s 16(3)
s 37
s 37(1)
s 37 redesignated as s 37(1) by 18/2001 s 7
amended by 11/2004 s 17(1)
amended by 35/2018 s 16
s 37(2)
inserted by 18/2001 s 7
amended by 50/2003 s 7
amended by 11/2004 s 17(1), (2)
amended by 35/2018 s 16
deleted by 44/2019 s 19
s 38
s 38(1)
amended by 11/2004 s 18
amended by 35/2018 s 17
amended by 44/2019 s 20(1)
s 38(2)
amended by 11/2004 s 18
amended by 35/2018 s 17
deleted by 44/2019 s 20(2)
s 38A
inserted by 11/2004 s 19
s 38B
inserted by 44/2019 s 21
Pt 3 Div 2
deleted by 57/2016 s 33
Pt 3A
inserted by 47/2008 s 11
s 40A
s 40A(1)
s 40A(2)
amended by 44/2019 s 22(1)
s 40A(4)
amended by 57/2016 s 34(1)
s 40A(5)
amended by 44/2019 s 22(2)
s 40A(5a)
inserted by 57/2016 s 34(2)
s 40AA
inserted by 44/2019 s 23
s 40B
deleted by 57/2016 s 35
Pt 3B
inserted by 57/2016 s 35
s 40H
s 40H(2)
amended by 35/2018 s 18
Pt 4
Pt 4 Div 1
substituted by 47/2008 s 12
s 41
s 41(1)
amended by 57/2016 s 36
s 41(3)
amended by 57/2016 s 36
s 41(4)
s 42
s 42(1)
amended by 57/2016 s 37
s 42(2)
s 43
s 43(1)
s 43 redesignated as s 43(1) by 47/2008 s 13
amended by 57/2016 s 38
s 43(2)
inserted by 47/2008 s 13
amended by 35/2018 s 19
amended by 44/2019 s 24
s 44
amended by 57/2016 s 39
s 45
amended by 57/2016 s 40
s 46
s 46(1)
amended by 57/2016 s 41(1)
s 46(1aa)
inserted by 57/2016 s 41(2)
s 46(1a)
inserted by 11/2004 s 20
amended by 57/2016 s 41(3)
s 46(2)
amended by 57/2016 s 41(4)
s 47
amended by 57/2016 s 42
s 48
substituted by 47/2008 s 14
amended by 57/2016 s 43
s 49
amended by 18/2001 s 8
substituted by 47/2008 s 14
amended by 57/2016 s 44
s 50 before deletion by 37/2013
s 50(1)
amended by 47/2008 s 15
s 50
deleted by 37/2013 s 8
1.7.2014
s 51
s 51(aa1) and (a1)
inserted by 18/2001 s 9
deleted by 47/2008 s 16(1)
s 51(1)
amended by 47/2008 s 16(2), (3)
s 51(2)
amended by 47/2008 s 16(2)
s 51(3)
amended by 47/2008 s 16(2)
amended by 57/2016 s 45
s 51(4)
deleted by 47/2008 s 16(4)
s 51A
inserted by 18/2001 s 10
deleted by 47/2008 s 17
Pt 4 Div 2
ss 52 & 53
deleted by 44/2019 s 25
s 53A
inserted by 47/2008 s 18
s 54 before substitution by 7/2017
s 54(1)
s 54 redesignated as s 54(1) by 50/2004 s 8
s 54(1a)
inserted by 11/2004 s 21
s 54(2)
inserted by 50/2003 s 8
s 54
substituted by 7/2017 s 10
s 54(1)
(b) deleted by 44/2019 s 26
s 55 before deletion by 7/2017
s 55(7)
inserted by 11/2004 s 22
s 55
s 56
deleted by 47/2008 s 19
s 57 before deletion by 7/2017
s 57(1a)
inserted by 11/2004 s 23
s 57(3)
inserted by 50/2003 s 9
s 57
s 58
s 59 before deletion by 7/2017
deleted by 64/2001 s 4
7.12.2001
inserted by 11/2004 s 24
s 59
s 60
s 60(1a)
inserted by 47/2008 s 20
amended by 35/2018 s 20
amended by 44/2019 s 27
s 60(5)
inserted by 11/2004 s 25
ss 60A and 60B
inserted by 47/2008 s 21
s 61
s 61(1)
amended by 7/2017 s 11
s 62
s 62(1)
amended by 47/2008 s 22
s 62(2)
substituted by 11/2004 s 26
(a) deleted by 35/2018 s 21
Pt 4 Div 3
inserted by 47/2008 s 23
s 62A
amended by 35/2018 s 22
amended by 44/2019 s 28
s 62D
Pt 4 Div 4
inserted by 47/2008 s 23
s 62E
s 62E(10)
substituted by 17/2009 s 4
s 62E(10a)
inserted by 17/2009 s 4
s 62I
s 62I(1) and (2)
amended by 35/2018 s 23
s 63
amended by 35/2018 s 24
Pt 5 before deletion by 44/2019
s 64
s 64(1)
s 64 redesignated as s 64(1) by 47/2008 s 24
amended by 35/2018 s 25
s 64(2)
inserted by 47/2008 s 24
amended by 35/2018 s 25
Pt 5
deleted by 44/2019 s 29
Pt 6
Pt 6 Div 1
amended by 44/2019 s 30
s 67 before deletion by 44/2019
s 67(1)
amended by 47/2008 s 25
amended by 57/2016 s 46(1)—(3)
s 67
s 68 before deletion by 44/2019
s 68(1)
s 68(2)
amended by 47/2008 s 26
s 68
s 69 before deletion by 44/2019
s 69(1)
amended by 47/2008 s 27(1), (2)
s 69(2)
amended by 47/2008 s 27(2), (3)
amended by 57/2016 s 47
s 69
s 70 before deletion by 44/2019
s 70(1)
amended by 47/2008 s 28(1)—(3)
amended by 57/2016 s 48
s 70
s 71 before deletion by 44/2019
s 71(1)
amended by 47/2008 s 29
s 71(4)
s 71
s 72 before deletion by 44/2019
s 72(1)
amended by 47/2008 s 30(1), (2)
s 72(2)
amended by 47/2008 s 30(2)
s 72(3)
amended by 47/2008 s 30(2)—(4)
(e), (f) deleted by 47/2008 s 30(4)
amended by 57/2016 s 49
s 72(4)
amended by 47/2008 s 30(2)
s 72(5)
amended by 47/2008 s 30(5), (6)
s 72(7)
amended by 47/2008 s 30(7)
amended by 57/2016 s 49
s 72
s 73
s 73A
inserted by 57/2016 s 50
s 73A(4)
s 73A(5)
amended by 44/2019 s 32(1)
s 73A(6)
deleted by 44/2019 s 32(2)
s 73A(7)
Pt 6 Div 2
s 74
s 74(1)
s 74(2)
amended by 34/2002 s 7
s 75
s 75(1)
s 75(3)
amended by 57/2016 s 51
Pt 6 Div 3
s 76
s 76(1)
amended by 57/2016 s 52
amended by 44/2019 s 33(1)—(3)
s 76(2)
amended by 44/2019 s 33(4)
s 76(3)
inserted by 44/2019 s 33(5)
Pt 7 before deletion by 44/2019
amended by 35/2018 s 26
s 77
s 77(1)
amended by 35/2018 s 27(1), (2)
s 77(2)
deleted by 7/2017 s 12
inserted by 35/2018 s 27(3)
s 77(3)
substituted by 35/2018 s 27(3)
s 77(4) and (5)
inserted by 35/2018 s 27(3)
s 78 before deletion by 35/2018
s 78(1)
amended by 17/2006 s 43(1)
amended by 47/2008 s 31
s 78(3)
amended by 17/2006 s 43(2)
s 78
deleted by 35/2018 s 28
Pt 7
deleted by 44/2019 s 34
Pt 8
s 79A
inserted by 11/2004 s 27
s 80
amended by 57/2016 s 53
s 81
s 81(1)
amended by 57/2016 s 54(1)
s 81(2)
prescribed agreement, arrangement or instrument
amended by 57/2016 s 54(2), (3)
inserted by 47/2008 s 32
s 82
deleted by 64/2001 s 5
7.12.2001
s 84
substituted by 36/2011 s 9
1.1.2012
s 84(2)
amended by 16/2013 s 10(1)
s 84(3)
amended by16/2013 s 10(2)
amended by 44/2019 s 35(1)
s 84(3a)
inserted by 16/2013 s 10(3)
s 84(4)
amended by 57/2016 s 55
prescribed offence
amended by 44/2019 s 35(2)
s 85
s 85(2)
amended by 17/2006 s 44
substituted by 35/2018 s 29
s 85(3)—(5)
deleted by 35/2018 s 29
s 86
amended by 35/2018 s 30(1), (2)
s 87
(a) deleted by 37/2013 s 9
amended by 35/2018 s 31
s 87(1)
s 87 redesignated as s 87(1) by 44/2019 s 36
s 87(2)
inserted by 44/2019 s 36
s 88 before deletion by 44/2019
s 88(2)
s 88(3)
inserted by 57/2016 s 56
s 88
deleted by 44/2019 s 37
s 89
s 89(1)
amended by 47/2008 s 33
amended by 7/2017 s 13
amended by 57/2016 s 57
(d) deleted by 44/2019 s 38(1)
s 89(2)
amended by 7/2017 s 13
amended by 35/2018 s 32
deleted by 44/2019 s 38(2)
s 90 before deletion by 44/2019
s 90(1)
amended by 37/2013 s 10(1)
substituted by 35/2018 s 33(1)
s 90(2)
amended by 37/2013 s 10(2)
substituted by 35/2018 s 33(1)
s 90(3)
amended by 35/2018 ss 33(2), 35(2)
(d) deleted by 35/2018 s 33(3)
s 90(4)
s 90
deleted by 44/2019 s 39
s 91
s 91(2)
amended by 11/2004 s 28
amended by 57/2016 s 58(1), (2)
s 91(3)
amended by 35/2018 s 34(1)
s 91(4)
amended by 35/2018 s 34(2)
s 91(5)
amended by 35/2018 s 34(3)
s 91(6)
s 92
deleted by 11/2004 s 29
Sch 1
cll 4—6
deleted by 11/2004 s 30
Sch 1
omitted under Legislation Revision and Publication Act 2002
Sch 2
deleted by 44/2003 s 3(1) (Sch 1)
24.11.2003
Transitional etc provisions associated with Act or amendments
Authorised Betting Operations Act 2000, Sch 1
1—Racing controlling authorities
(1) The body for the time being designated as the controlling authority for horse racing by proclamation under Part 2 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been designated as the racing controlling authority for horse racing by proclamation under Part 1 of this Act.
(2) The body for the time being designated as the controlling authority for harness racing by proclamation under Part 2 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been designated as the racing controlling authority for harness racing by proclamation under Part 1 of this Act.
(3) The body for the time being designated as the controlling authority for greyhound racing by proclamation under Part 2 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been designated as the racing controlling authority for greyhound racing by proclamation under Part 1 of this Act.
2—Racing clubs
(1) The Minister may, by order in writing, require that on the commencement of section 34 an on-course totalisator betting licence be granted to each club that was a registered racing club within the meaning of the Racing Act 1976 immediately before that commencement in accordance with specified requirements as to the terms and conditions of the licence and the races that are to be approved contingencies for betting operations under the licence (without the need for any application by the club).
(2) Despite any other provisions of this Act, the Authority must comply with a requirement under subclause (1).
3—Bookmakers, clerks and licensed betting shops
(1) A person authorised to act as a bookmaker by licence under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been granted a bookmaker's licence under Part 3 of this Act on the same conditions and for the balance of the term applying to the licence under the Racing Act 1976.
(2) A person authorised to act as the clerk of a licensed bookmaker by licence under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been granted a clerk's licence under Part 3 of this Act on the same conditions and for the balance of the term applying to the licence under the Racing Act 1976.
(3) A bookmaker authorised to conduct betting in premises registered under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been granted a betting shop licence under Part 3 of this Act on the same conditions and for the balance of the term applying to the registration of the premises under the Racing Act 1976.
(4) A licensed bookmaker or group of licensed bookmakers authorised to accept bets by permit under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been granted a permit under Division 2 of Part 4 of this Act authorising the acceptance of the bets.
(5) An event or combination of events constituting an approved event under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been approved by the Authority under section 4 as a contingency for fixed-odds betting by bookmakers.
(6) Rules in force under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been made by the Authority under Division 2 of Part 4 of this Act.
(7) A bond or other security lodged by an applicant for, or holder of, a licence under Part 4 of the repealed Racing Act 1976 in accordance with the rules under that Part will be taken to have been lodged with the Authority in accordance with the rules under Division 2 of Part 4 of this Act, and a reference in the bond or other security to the Racing Industry Development Authority or the Bookmakers Licensing Board or the Betting Control Board will be taken to be a reference to the Authority.
Authorised Betting Operations (Licence and Permit Conditions) Amendment Act 2003, Sch 1
1—Transitional provision
(1) The Minister may, by notice in writing within 30 days of the commencement of this Act, invite a licensed bookmaker to apply to the Authority for a grant of a 24 hour sportsbetting licence.
(2) An application made in response to an invitation under subclause (1) must be in a form determined by the Authority.
(3) Sections 37(1) and 38 of the principal Act do not apply to an application for the grant of a 24 hour sportsbetting licence made at the invitation of the Minister.
Authorised Betting Operations (Betting Review) Amendment Act 2004, Sch 1
1—Transitional provision
(1) A licence (other than an on-course totalisator betting licence) granted by the Independent Gambling Authority under Part 3 Division 1 of the Authorised Betting Operations Act 2000 and in force immediately before the commencement of this clause will, on that commencement, be taken to be a licence granted by the Liquor and Gambling Commissioner under that Division as amended by this Act on the same conditions and for the balance of the term applying to the licence at that commencement.
(2) A person authorised to act as the clerk of a licensed bookmaker by licence under Part 3 Division 1 of the Authorised Betting Operations Act 2000 immediately before the commencement of this clause will, on that commencement, be taken to have been granted an agent's licence under that Division as amended by this Act on the same conditions and for the balance of the term applying to the clerk's licence.
2—Major betting operations licence
Subject to the licensee's approved licensing agreement, the major betting operations licence will be taken to authorise the licensee to conduct the forms of betting set out in section 9 of the Authorised Betting Operations Act 2000 as amended by this Act.
3—Validation of rules
Rules made or purportedly made under section 62 of the Authorised Betting Operations Act 2000 before the commencement of this Act have the same force and effect, in relation to acts, omissions or things occurring after that commencement, as if made under the section as amended by this Act.
Statutes Amendment (Investigation and Regulation of Gambling Licensees) Act 2007, Sch 1—Transitional provisions
1—Authorised Betting Operations Act—Recovery of administration costs incurred in 2007/2008
Section 33A of the Authorised Betting Operations Act 2000 (as inserted by this Act) is to apply to the financial year 1 July 2007 to 30 June 2008 subject to the following modifications:
(a) a reference to the financial year is to be read as a reference to the period commencing on the day on which this Act comes into operation and ending on 30 June 2008;
(b) subsection (1) is to be read as though it required the notice to be provided not less than 1 month after the commencement of this Act;
(c) subsection (3) is to be read as though it required the licensee, in each month of the financial year, to pay to the Commissioner an amount equal to the recoverable administration costs for the financial year divided by the number of months in the financial year following the notice under subsection (1).
Statutes Amendment (Betting Operations) Act 2008, Sch 1—Transitional provisions
1—Authorised Betting Operations Act—codes of practice
(1) Section 6A(6) and (8) of the Authorised Betting Operations Act 2000 as inserted by this Act does not apply to the first notices published in the Gazette under that section prescribing—
(a) an advertising code of practice applicable to operations under the major betting operations licence or an on-course totalisator betting licence; and
(b) a responsible gambling code of practice applicable to operations under the major betting operations licence or an on-course totalisator betting licence,
(and, consequently, consultation is not required and the notices need not be laid before both Houses of Parliament and are not subject to disallowance).
(2) The Authority must ensure that—
(a) the advertising code of practice first prescribed by the Authority applicable to operations under the major betting operations licence or an on‑course totalisator betting licence is substantially in the form of the codes of practice approved by the Authority under section 48 of the Authorised Betting Operations Act 2000 immediately before the commencement of this paragraph; and
(b) the responsible gambling code of practice first prescribed by the Authority applicable to operations under the major betting operations licence or an on‑course totalisator betting licence is substantially in the form of the codes of practice approved by the Authority under section 49 of the Authorised Betting Operations Act 2000 immediately before the commencement of this paragraph.
(3) Failure to comply with subclause (2) does not affect the validity of a code of practice.
Statutes Amendment (Gambling Reform) Act 2013
11—Transitional provision
(1) The holder of the major betting operations licence must, as soon as practicable after the commencement of section 8, notify the Independent Gambling Authority of all orders that were in force under section 50 of the Authorised Betting Operations Act 2000 immediately before the commencement of section 8.
(2) It is taken to be a condition of the major betting operations licence that the licensee comply with subsection (1).
(3) A person who, immediately before the commencement of section 8, is barred by order under section 50 of the Authorised Betting Operations Act 2000 from entering or remaining in a particular place or making bets at a particular place or in a particular way, is, on the commencement of section 8, taken to be so barred under section 15C of the Independent Gambling Authority Act 1995 (as enacted by this Act)—
(a) for a period of 3 years; or
(b) until a review of the order is completed under section 140,
whichever occurs first.
Statutes Amendment (Budget 2016) Act 2016
59—Transitional provision
(1) In this section—
principal Act means the Authorised Betting Operations Act 2000.
(2) Despite the amendments to the principal Act enacted by this Part, until the prescribed day the duty agreement in force under the principal Act immediately before the commencement of sections 14 and 30 continues in force and continues to bind the parties to the agreement (the parties) as if those sections had not been enacted (subject to any supplementary agreement entered into under subsection (3) and any transitional regulations made in accordance with section 91(4) of the principal Act as amended by this Act).
(3) The parties may enter into a supplementary agreement or vary the terms of the duty agreement for the purpose of transitioning from the arrangements applicable under the duty agreement to the taxation arrangements prescribed under the principal Act as amended by this Act.
(4) For the avoidance of doubt, the requirements relating to the duty agreement under section 15 of the principal Act as in force immediately before the commencement of section 15 of this Act do not apply to any agreement or variation of an agreement under subsection (3).
(5) In this clause—
prescribed day means a day fixed by agreement between the parties as the day on which the duty agreement will terminate.
Statutes Amendment and Repeal (Budget Measures) Act 2018, Pt 2
36—Transitional provisions
(1) A recommendation, designation, classification, ratification or consent given or made by the Independent Gambling Authority and in force under the Authorised Betting Operations Act 2000 immediately before the commencement of this section continues in force as if it had been given or made under that Act as in force after the commencement of this section.
(2) A notice, direction, order, requirement, request, determination or certificate given, issued or made by the Independent Gambling Authority and in force under the Authorised Betting Operations Act 2000 immediately before the commencement of this section continues in force as if it had been given, issued or made under that Act as in force after the commencement of this section.
(3) A notice, direction or request given to or received by the Independent Gambling Authority and in force under the Authorised Betting Operations Act 2000 immediately before the commencement of this section continues in force as if it had been given or received under that Act as in force after the commencement of this section.
(4) A notice prescribing a code of practice or requirements for systems and procedures published by the Independent Gambling Authority and in force under section 6A of the Authorised Betting Operations Act 2000 as in force immediately before the commencement of this section continues in force as if it had been published under that Act as in force after the commencement of this section.
(5) A licence or approval granted by the Independent Gambling Authority and in force under the Authorised Betting Operations Act 2000 immediately before the commencement of this section continues in force (subject to the conditions (if any) applying to the licence or approval) as if it had been granted under that Act as in force after the commencement of this section.
(6) If a review has been commenced but not finally determined by the Independent Gambling Authority under section 77 of the Authorised Betting Operations Act 2000 before the commencement of section 27 of this Act, the review may be continued and completed by the Court as if it had been commenced under section 77 as in force after the commencement of section 27.
(7) If any application, investigation or other proceeding had been commenced but not finally determined by the Independent Gambling Authority under the Authorised Betting Operations Act 2000 before the commencement of this section, the application, investigation or proceeding may be continued and completed by the Commissioner as if it had been commenced under that Act as in force after the commencement of this section.
(8) The provisions of this section are subject to any regulations made under section 91(4) of the Authorised Betting Operations Act 2000 (as in force after the commencement of section 34(2)).
(9) In this section—
Commissioner has the same meaning as in the Authorised Betting Operations Act 2000;
Court means the Licensing Court of South Australia;
Independent Gambling Authority means the Authority established under the Independent Gambling Authority Act 1995 (as in force immediately before the commencement of this section);
notice includes—
(a) a compliance notice within the meaning of section 69(1) of the Authorised Betting Operations Act 2000; and
(b) an expiation notice within the meaning of section 70(1) of the Authorised Betting Operations Act 2000.
Statutes Amendment (Gambling Regulation) Act 2019, Sch 1 Pt 1
1—Transitional and other provisions
Any applications made under the Authorised Betting Operations Act 2000 that have not been finally determined before the day on which this clause commences may be continued and completed under that Act as if the amendments to that Act effected by the Statutes Amendment (Gambling Regulation) Act 2019 had not come into operation.
Gambling Administration Act 2019, Sch 1
1—Interpretation
In this Schedule—
gambling provider includes the State Lotteries Commission;
relevant day means the day on which clause 3 commences.
3—Transitional and other provisions
(2) A 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.
(7) An 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.
(8) Disciplinary 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.
(9) A 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.
(10) Any 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.
(11) A 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.
Historical versions
Reprint No 1—14.12.2001
Reprint No 2—31.5.2003
Reprint No 3—1.8.2003
Reprint No 4—24.11.2003
Reprint No 5—11.3.2004
30.4.2004 (electronic only)
1.1.2012
1.7.2014