South Australian Consolidated Acts South Australian Consolidated Acts17B—Social effect certificate
(1) A
social effect certificate—
(a) may
only be granted in relation to a specific site in which the applicant has a
proprietary interest; and
(b) may
not be granted if an application for a gaming machine licence in respect of
licensed premises at the site could not be granted under section 15A; and
(c)
subject to subsection (2), ceases to be in force 18 months after the
date on which it is granted.
(2) The Commissioner
may, on application by the holder of a social effect certificate, extend the
period for which the certificate remains in force if, in the Commissioner's
opinion, it is appropriate to do so to enable—
(a)
approvals, consents or exemptions for development on the site that are
required under the law relating to development to be obtained; or
(b)
development on the site that has been commenced to be completed.
(3) A
social effect certificate will only be granted if the applicant satisfies
the Commissioner, by such evidence as the Commissioner may require, that the
grant of a gaming machine licence in respect of premises on the site would not
be contrary to the public interest on the ground of the likely social effect
on the local community and, in particular, the likely effect on problem
gambling within the local community.
(4) In assessing the
social effect of the grant of a gaming machine licence,
the Commissioner—
(a) must
apply the social effect principles; and
(b) must
not have regard to the economic effect that the granting of a gaming machine
licence might have on the business of other licensed premises in the relevant
locality (except insofar as that economic effect may be relevant to an
assessment of the likely social effect of the grant of the licence on the
local community); and
(c) must
take each site in respect of which a social effect certificate is then in
force into account as if a gaming machine licence were held for licensed
premises on the site.
(5) A certificate
granted under this section may, on notification to the Commissioner, be
transferred to another person with a proprietary interest in the site to which
the certificate relates.
(6) The Commissioner
must—
(a) keep
a register of social effect certificates; and
(b)
cause the register to be published on a website to which the public has access
free of charge.
(7) The Commissioner
must—
(a)
record on the register for each social effect certificate—
(i)
the name of the holder of the certificate; and
(ii)
the date on which it was granted; and
(iii)
the site to which it relates; and
(b)
remove from the register any social effect certificate that has ceased to be
in force.