South Australian Consolidated Acts South Australian Consolidated Acts28—Certain gaming machine licences only are transferable
(1) Where a hotel
licence or special circumstances licence is transferred, any gaming machine
licence held by the transferor may, with the consent of the Commissioner, be
transferred to the transferee of the hotel or special circumstances licence.
(1a) A gaming machine
licence held by the holder of a club licence may, with the consent of the
Commissioner, be transferred to that holder jointly with one or more other
holders of separate club licences.
(1b) A gaming machine
licence is not transferable otherwise than under subsection (1) or (1a).
(2) No other licence
under this Act is transferable.
(3) The Commissioner
cannot consent to the transfer of a gaming machine licence unless—
(a)
application for consent is made in the prescribed manner and form; and
(b) the
application is accompanied by the prescribed fee; and
(c) each
applicant satisfies the Commissioner, by such evidence as the Commissioner may
require—
(i)
that the applicant is a fit and proper person to hold the
licence; and
(ii)
if the applicant is a
trust or corporate entity—that each person who occupies a position of
authority in the entity is a fit and proper person to occupy such a position
in an entity holding such a licence.
(4) For the purpose of
determining whether a person is a fit and proper person to hold a licence or
to occupy a position of authority in a trust or corporate entity that holds a
licence—
(a)
the Commissioner may cause the person's photograph and fingerprints to be
taken; and
(b) the
reputation, honesty and integrity (including the creditworthiness) of the
person are matters to which consideration must be given; and
(c) the
reputation, honesty and integrity of the person's known associates (including
persons who are relatives) must also be considered.
(5) An application
under subsection (1) may be made by a person who is not yet the holder of
a hotel licence or special circumstances licence but who is an applicant for
the transfer of such a licence.
(6) The Commissioner
may require an applicant for transfer to produce to the Commissioner specified
documents that are, in the Commissioner's opinion, relevant to the
application.
(7) A licensee cannot
sell or assign the rights to carry on business in pursuance of a
gaming machine licence to which subsection (1) refers unless
the Commissioner has consented to the transfer of the licence to the purchaser
or assignee in accordance with this section.
(8)
Subsection (7) does not prevent a licensee from entering into a contract
for the sale or assignment of those rights if the contract is subject to a
condition precedent that the sale or assignment will not take effect unless
and until the Commissioner has consented to the transfer of the licence to the
purchaser or assignee in accordance with this section.
(9) Subject to
subsection (10), where a gaming machine licence is transferred pursuant
to this section, each transferee succeeds to the liabilities of the transferor
under this Act.
(10) A transferee of a
gaming machine licence is jointly and severally liable with the transferor for
any gaming tax outstanding at the date of transfer, except for any such tax
arising out of an intentional understatement of gross gaming turnover or net
gambling revenue by the transferor.