South Australian Consolidated Acts

GAMING MACHINES ACT 1992 - SECT 15A

15A—Gaming venues not to be located under same roof as shops or within shopping complexes

        (1)         Despite any other provision of this Act, the Commissioner cannot after the commencement of this section grant an application for a gaming machine licence in respect of licensed premises, or grant any other application under this Act in respect of licensed premises that are subject to a gaming machine licence, if to do so would result in the licensed premises, or the whole or part of a gaming area of the licensed premises, being located—

            (a)         under the same roof as a shop, whether or not on the same level or floor as the shop; or

            (b)         anywhere within the boundaries of a shopping complex.

        (2)         Subsection (1) applies only in respect of an application made after the commencement of this section (and any grant by the Commissioner of such an application will be taken to be void and of no effect).

        (3)         Subsection (1) does not apply where the shop—

            (a)         is a part of the licensed premises set aside for the purpose of selling liquor in bottles to the public; or

            (b)         is intended primarily for the use of guests staying on the licensed premises.

        (4)         For the purposes of subsection (1), licensed premises will be regarded as falling within the boundaries of a shopping complex if the land on which the premises are situated—

            (a)         formed part of the complex immediately prior to the granting of the development authorisation (or the first such authorisation if more than one) for the establishment of the licensed premises on the land; or

            (b)         shares a common boundary with the complex and the licensed premises are, in the opinion of the Commissioner, so linked to or integrated with the complex that they may properly be regarded as forming part of the complex.

        (5)         In this section—

"shop" means a shop at which goods are sold to the public by retail;

"shopping centre" means a cluster of premises where—

            (a)         at least one of the premises is a shop; and

            (b)         the premises are located in the one building or in 2 or more buildings that are adjoining or are separated only by the grounds of the centre; and

            (c)         the cluster of premises is promoted as, or generally regarded as constituting, a shopping centre, shopping mall, shopping court or shopping arcade;

"shopping complex" means a shop, or shopping centre, together with all parking and other areas adjacent and ancillary to, and intended primarily for the use of persons attending, the shop or shopping centre.