Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Gaming Machines Act 1992. 2—Objects The objects of this Act are— (a) to ensure that gaming machine gambling is conducted responsibly, fairly and honestly, with regard to minimising the harm caused by gambling; and (b) to ensure that the management and operation of gaming machines, associated gaming equipment and monitoring equipment is free from interference, criminal influence and exploitation; and (c) to ensure the probity of people involved in the conduct, management and oversight of gambling; and (d) to prohibit minors from gambling and to ensure that minors are not encouraged to gamble; and (e) to ensure that the club and hotel gaming machine industry develops in a manner consistent with the needs and aspirations of the community and is in the community interest; and (f) to protect the interests of the State in the taxation of gaming revenue resulting from the operation of the club and hotel gaming machine industry. 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 means approved by the Commissioner under this Act; approved game means a game of a class approved by the Commissioner for the purposes of this Act; approved gaming machine means a gaming machine of a class approved by the Commissioner for the purposes of this Act; approved gaming machine technician means a person approved under Part 4 as a gaming machine technician for the holder of a gaming machine service licence; authorised person, in relation to premises to which a gaming machine licence relates, means— (a) the licensee; or (b) a responsible person for the licensed premises; or (c) a gaming manager or gaming employee for the licensed premises; or (d) an inspector; or (e) a police officer; or (f) a person who holds a security agents licence that authorises the person to perform the function of controlling crowds in licensed premises under the Security and Investigation Industry Act 1995; beneficiary includes an object of a discretionary trust; cash facility means— (a) an automatic teller machine; or (b) an EFTPOS facility; or (c) any other facility, prescribed by the regulations, that enables a person to gain access to his or her funds or to credit; cashless gaming system means a system that enables the storage of monetary value for use in operating a gaming machine; casino means the casino operated in accordance with the Casino Act 1997; casino licence has the same meaning as in the Casino Act 1997; casino premises has the same meaning as in the Casino Act 1997; club licence means a club licence under the Liquor Licensing Act 1997; Club One means the body holding the special club licence (see section 24A); Commissioner has the same meaning as in the Gambling Administration Act 2019; community impact assessment guidelines—see section 17B; the Court means the Licensing Court of South Australia; designated application—see section 17A; 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; gambling administration guidelines means the gambling administration guidelines issued by the Commissioner under the Gambling Administration Act 2019; game means any game software for use with a gaming machine; gaming area means that part of licensed premises that is delineated under a gaming machine licence as the area within which gaming machines may be operated pursuant to the licence; gaming employee means a person who is appointed by the holder of a gaming machine licence as a gaming employee in respect of gaming operations conducted on licensed premises; gaming machine means a device (whether wholly or partly mechanically or electronically operated) that is designed so that— (a) it may be used for the purposes of playing a game of chance, or a mixed game of chance and skill; and (b) it may be operated wholly or partly by— (i) inserting a token, coin or banknote into the device; or (ii) electronically transferring credits or tokens to the device; or (iii) using credits or tokens in the device (whether those credits or tokens are held, stored or accredited by the device or elsewhere); and (c) because of making a bet on the device, winnings or other rewards may become payable; gaming machine entitlement means an entitlement to operate 1 gaming machine under a gaming machine licence or the casino licence; gaming manager means— (a) a natural person who is the holder of a gaming machine licence; or (b) a person who is appointed by the holder of a gaming machine licence as a gaming manager in respect of gaming operations conducted on licensed premises; general and hotel licence means a general and hotel licence under the Liquor Licensing Act 1997; inspector means a person appointed as an inspector for the purposes of this Act under the Gambling Administration Act 2019; licence means a licence under this Act; licensed person, licensee or holder of a licence includes— (a) the holder of a temporary licence; and (b) a person authorised under this Act to carry on the business of a licensee; and (c) if a licence is held by a trustee—the trust; linked jackpot equipment means any fitting or device to be used for, or in connection with, the linking of two or more gaming machines for the purpose only of recording all or part of the winnings from each of those machines; liquor licence means a general and hotel licence, an on premises licence or a club licence; monitoring system means the approved computer system referred to in section 14(1)(d); non-profit association means incorporated association or some other kind of body corporate as to which the Commissioner is satisfied that profits cannot be returned to members or shareholders; officer—an officer— (a) in relation to a body corporate—means a director or a member of the governing body of the body corporate; (b) in relation to a trust—means a trustee; on premises licence means an on premises licence under the Liquor Licensing Act 1997; prescribed gaming machine component means a component of a gaming machine of a class prescribed by the regulations for the purposes of this definition; responsible gambling agreement means an agreement approved under section 40C(2) between the holder of a gaming machine licence and an industry body approved under section 40C(1); responsible gambling code of practice means a responsible gambling code of practice prescribed under the Gambling Administration Act 2019; responsible person for licensed premises means a person who is, in accordance with section 97 of the Liquor Licensing Act 1997, responsible for supervising and managing the business conducted under the liquor licence in respect of the licensed premises; spouse—a person is the spouse of another if they are legally married; trust—a trust is considered for the purposes of this Act as a single entity consisting of the trustees and the beneficiaries; trust or corporate entity means a trust or a body corporate; variation of licence means variation or revocation of conditions of licence or imposition of further conditions of licence. (2) A person occupies a position of authority in a trust or corporate entity if the person— (a) in the case of a body corporate— (i) is a director or a member of the governing body of the body corporate; (ii) exercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs; (iii) manages, or is to manage, the undertaking to be carried out under a licence; (iv) if the body corporate is a proprietary company—is a shareholder in the body corporate; or (b) in the case of a trust—is a trustee or beneficiary of the trust. (3) However— (a) a minor who is a shareholder in a proprietary company, or a beneficiary under a trust, is not for that reason to be regarded as a person occupying a position of authority; and (b) a charitable organisation that is a beneficiary of a trust is not for that reason to be regarded as a person occupying a position of authority. (4) For the avoidance of doubt, a person may be appointed by a licensee as a gaming manager or gaming employee, or carry out duties as a gaming manager or gaming employee in particular licensed premises, whether the person is an employee (of the licensee or of some other person) or is a volunteer. 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—Application of Act (1) Except as specifically provided by this Act or the Casino Act 1997, this Act does not apply to or in relation to a gaming machine operated in the casino premises. (1a) The Governor may, by regulation, apply provisions of this Act, with or without modification, to a person who is not required to hold a gaming machine licence because of a Commonwealth law as if the person holds a gaming machine licence. (2) Despite any other Act or law to the contrary, gaming and the possession, sale, supply or operation of a gaming machine, as authorised by this Act or a licence under this Act, are lawful. (3) Subject to any other provision of this Act to the contrary, this Act binds the Crown. 4A—Provisions governing whether person is fit and proper (1) A person is not a fit and proper person for a particular purpose under this Act if— (a) the person has been found guilty or convicted of an offence as prescribed by the regulations; or (b) in the case of a body corporate— (i) the body corporate is a body corporate, or is a body corporate of a class, prescribed by the regulations; or (ii) the body corporate is a prescribed organisation; or (c) in the case of a natural person, the person— (i) is— (A) a member of a prescribed organisation; or (B) a close associate of a person who is a member of a prescribed organisation or is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or (ii) is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth. (2) A person is not a fit and proper person to occupy a position of authority in a trust or corporate entity that holds a licence if— (a) the person has been found guilty or convicted of an offence as prescribed by the regulations; or (b) the person is— (i) a member of a prescribed organisation; or (ii) a close associate of a person who is a member of a prescribed organisation or is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or (c) the person is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth. (3) For the purpose of determining whether a person is a fit and proper person for a particular purpose under this Act the Commissioner— (a) may cause the person's photograph to be taken; and (b) may cause the person's fingerprints to be taken; and (c) may have regard to the following: (i) the corporate structure of the person; (ii) the person's financial background and resources; (iii) the person's reputation; (iv) the character, reputation and financial background of the person's close associates; (v) any representations made by the Minister; (vi) any other matters the Commissioner thinks fit. close associate—see subsection (5); prescribed financial market means a prescribed financial market within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth; prescribed organisation—the following are prescribed organisations: (a) a declared organisation within the meaning of the Serious and Organised Crime (Control) Act 2008; (b) a criminal organisation within the meaning of Division 1 or Division 2 of Part 3B of the Criminal Law Consolidation Act 1935; (c) any other organisation prescribed by the regulations for the purposes of this definition; substantial holding in a body corporate has the same meaning as in section 9 of the Corporations Act 2001 of the Commonwealth. (5) For the purposes of this section, 2 persons are close associates if— (a) 1 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 (e) they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or (f) 1 is a body corporate and the other is a director or executive officer of the body corporate; or (g) 1 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 (h) 1 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 (i) 1 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 (j) 1 is in a position to exercise control or significant influence over the conduct of the other; or (k) a chain of relationships can be traced between them under any 1 or more of the above paragraphs. (6) 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.