South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"advanced problem gambling intervention training" means a course of training
recognised under section 10B(1)(b) as advanced problem
gambling intervention training;
"advertising code of practice"—see section 10A(1)(d);
"approved" means approved by the Commissioner under this Act;
"approved crowd controller" means a person approved under Part 4 Division 10A
of the Liquor Licensing Act 1997 to act as a crowd controller for
licensed premises, but does not include a person whose approval has been
revoked or suspended;
"approved gaming machine" means a gaming machine of a class approved by
the Commissioner for the purposes of this Act;
"approved gaming machine employee" in relation to the gaming operations
conducted on licensed premises means a person who is approved under Part 4 as
a gaming machine employee in respect of those operations;
"approved gaming machine manager" in relation to the gaming operations
conducted on licensed premises means—
(a) a
person who is approved under Part 4 as a gaming machine manager in respect of
those operations; or
(b) a
natural person who is a licensee, or a director or member of the governing
body of a licensee, in respect of the premises;
"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;
"Authority" means the Independent Gambling Authority established under the
Independent Gambling Authority Act 1995 ;
"authorised officer" means—
(a)
the Commissioner; or
(b) an
inspector; or
(c) a
police officer;
"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) an
approved gaming machine manager or approved gaming machine employee for the
licensed premises; or
(d) an
inspector; or
(e) a
police officer; or
(f) an
approved crowd controller;
"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;
"category A, B, C or D offence"—see section 10A(3);
"certificate" means a proposed premises certificate or a social
effect certificate;
"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);
"the Commissioner" means the Liquor and Gambling Commissioner;
"the Court" means the Licensing Court of South Australia;
"criminal intelligence" means information relating to actual or suspected
criminal activity (whether in this State or elsewhere) the disclosure of which
could reasonably be expected to prejudice criminal investigations, or to
enable the discovery of the existence or identity of a confidential source of
information relevant to law enforcement;
"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;
"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 equipment" means any of the following for use in connection with a
gaming machine—
(a)
electronic monitoring equipment; and
(b)
prescribed security devices; and
(c) any
other prescribed equipment;
"gaming machine" means a device—
(a) that
is designed or has been adapted for the purpose of gambling by playing a game
of chance or a game combined of chance and skill; and
(b) and
that is capable of being operated by the insertion of a coin or other token
(whether in that device or another device to which it is linked) or by the
electronic transfer of credits accrued on some other gaming machine;
"gaming machine entitlement" means an entitlement to operate 1 gaming machine
under a gaming machine licence;
"hotel licence" means a hotel licence under the Liquor Licensing Act 1997
;
"inspector" means a person appointed as an inspector for the purposes of this
Act;
"licence" means a licence under this Act, and
"licensed" and "licensee" have correlative meanings;
"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 hotel licence, club licence or special
circumstances licence;
"mandatory provision"—see section 10A(3);
"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;
"prescribed gaming machine component" means a component of a gaming machine of
a class prescribed by the regulations for the purposes of this definition;
"proposed premises certificate"—see section 17A;
"responsible gambling agreement" means an agreement in the form prescribed by
the Authority under section 10A between a licensee and an industry body
recognised by the Authority under section 10B;
"responsible gambling code of practice"—see section 10A(1)(e);
"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;
"social effect certificate"—see section 17B;
"social effect inquiry"—see section 10A(1)(a);
"social effect principles"—see section 10A(1)(b);
"special circumstances licence" means a special circumstances licence under
the Liquor Licensing Act 1997 ;
"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.