South Australian Consolidated Acts

GAMING MACHINES ACT 1992 - SECT 27AA

27AA—Variation of licence

        (1)         Subject to this section, the Commissioner may, by notice in writing addressed to the licensee, vary or revoke any condition of a licence or impose further conditions on the licence.

        (2)         The Commissioner may exercise his or her powers under subsection (1) on his or her own initiative or on application by the licensee or the Commissioner of Police.

        (3)         The Commissioner cannot revoke the statutory conditions of a licence and cannot vary them except in relation to those matters that are determinable by the Commissioner for the purposes of those conditions.

        (4)         The Commissioner may require an applicant for variation of a gaming machine licence to complete a social effect inquiry if of the opinion that the variation of the licence in respect of the premises may significantly alter the likely social effect on the local community and, in particular, the likely effect on problem gambling within the local community.

        (5)         If an applicant is required to complete a social effect inquiry, the licence may not be varied unless the applicant satisfies the Commissioner, by such evidence as the Commissioner may require, that the variation of the licence in respect of the premises 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.

        (6)         In assessing the social effect of the variation 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 variation 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 variation 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.