Casino Act 1997
Part 1Preliminary
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Part 1—Preliminary 1—Short title This Act may be cited as the Casino Act 1997. 2A—Object The object of this Act is to provide for the licensing, supervision and control of the Adelaide Casino and, in particular, to ensure— (a) that the Adelaide Casino is properly managed and operated; and (b) that those involved in the control, management and operation of the Adelaide Casino are suitable and fit and proper persons to exercise their respective functions and responsibilities; and (c) that gambling in the Adelaide Casino is conducted responsibly, fairly and honestly, with due regard to minimising the harm caused by gambling; and (ca) that minors are prohibited from gambling and that minors are not encouraged to gamble; and (d) that the interest of the State in the taxation of gambling revenue arising from the operation of the Adelaide Casino is properly protected. 3—Interpretation (1) In this Act, unless the contrary intention appears— advertising code of practice means an advertising code of practice prescribed under the Gambling Administration Act 2019; approved licensing agreement—see section 16; authorised game means a game of chance, or a game combined of chance and skill, authorised or approved under this Act or the conditions of the casino licence; automated table game equipment means equipment of a kind defined in the approved licensing agreement as automated table game equipment; cashless gaming system means a system that enables the storage of monetary value for use in operating a gaming machine or automated table game equipment; casino duty agreement—see section 17; casino licence means the licence (under this Act or the former Act) to operate the casino; casino premises means the premises defined in the casino licence, or by the Governor in accordance with section 6(3), as the casino premises; child means a person under the age of 18 years; Commissioner has the same meaning as in the Gambling Administration Act 2019; Court means the Licensing Court of South Australia; designated person means— (a) a director of the licensee; or (b) an executive officer of the licensee; or (c) a person who is employed or working in an executive capacity who exercises discretion, influence or control in respect of business operations under the casino licence; or (d) a person, or a person of a class, designated by the Commissioner for the purpose; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; executive officer of a body corporate is— (a) a secretary or public officer of the body corporate; or (b) a person responsible for managing the body corporate's business or any aspect of its business; former Act means the Casino Act 1983; gambling means the playing of a game for monetary or other stakes and includes making or accepting a wager; gambling administration guidelines means the gambling administration guidelines issued by the Commissioner under the Gambling Administration Act 2019; gambling chips means chips or tokens used or capable of being used as gambling stakes or prizes; gaming area means a part of the casino premises that is defined by the Commissioner by notice in the Gazette (in accordance with any requirements in the approved licensing agreement) as a gaming area (whether the notice was published in the Gazette before or after the commencement of this definition); gaming machine means gaming machine as defined in the Gaming Machines Act 1992 but does not include automated table game equipment; inspector means a person appointed as an inspector for the purposes of this Act under the Gambling Administration Act 2019; police officer means any member of the police force; premium customer means a customer of the casino who falls within a class defined in the approved licensing agreement as premium customers to whom the licensee will afford special privileges (including access to gambling in premium gaming areas); premium gaming area means a gaming area, or part of a gaming area, that is defined by the Commissioner by notice in the Gazette (in accordance with any requirements in the approved licensing agreement) as an area set aside for premium customers and that is only accessible to other customers in accordance with the approved licensing agreement (whether the notice was published in the Gazette before or after the commencement of this definition); prescribed gaming machine component means prescribed gaming machine component as defined in the Gaming Machines Act 1992; responsible gambling code of practice means a responsible gambling code of practice prescribed under the Gambling Administration Act 2019; spouse—a person is the spouse of another if they are legally married; staff member means any of the following: (a) an employee of the licensee (including a designated person or a special employee); (b) a person employed or engaged (either by the licensee or someone else) to work at the casino premises. (2) In this Act, administrator, controller and liquidator have (unless the contrary intention appears) the same respective meanings as in the Corporations Act 2001 of the Commonwealth. 3A—Interaction with Gambling Administration Act 2019 This Act and the Gambling Administration Act 2019 will be read together as a single Act (and a reference in a provision of this Act to "this Act" will be taken to include, where relevant, a reference to the Gambling Administration Act 2019). 4—Close associates (1) Two persons are close associates if— (a) one is a spouse, domestic partner, parent, brother, sister or child of the other; or (b) they are members of the same household; or (c) they are in partnership; or (d) they are joint venturers; or (da) they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or (e) one is a body corporate and the other is a director or executive officer of the body corporate; or (f) one is a body corporate (other than a public company whose shares are quoted on a prescribed financial market) and the other is a shareholder in the body corporate; or (g) one is a body corporate whose shares are quoted on a prescribed financial market and the other has a substantial holding in the body corporate; or (h) one has a right to participate (otherwise than as a shareholder in a body corporate) in, or is remunerated by reference to, proceeds or profits derived from a business conducted by the other; or (i) one is in a position to exercise control or significant influence over the conduct of the other; or (j) a chain of relationships can be traced between them under any one or more of the above paragraphs. (1a) For the purposes of this section, a reference to a parent, brother, sister or child of a person will be taken to include a reference to a step‑parent, step‑brother, step‑sister or step‑child (as the case requires) of the person. (2) In subsection (1)— prescribed financial market means a prescribed financial market within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth; substantial holding in a body corporate has the same meaning as in section 9 of the Corporations Act 2001 of the Commonwealth.