South Australian Consolidated Acts

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GAMING MACHINES ACT 1992 - SECT 42

42—Discretion to grant or refuse approval

        (1)         Subject to this Act, the Commissioner has an unqualified discretion to grant or refuse an application for approval on any ground, or for any reason, that the Commissioner thinks fit.

        (1a)         An application for approval can only be granted if the Commissioner is satisfied that to grant the application would not be contrary to the public interest.

        (2)         The Commissioner cannot approve a person as a gaming machine manager unless satisfied, by such evidence as he or she may require, that the person is a fit and proper person to carry out the duties of gaming machine manager.

        (3)         The Commissioner cannot approve a person as a gaming machine employee unless satisfied, by such evidence as he or she may require, that the person is a fit and proper person to carry out prescribed duties.

        (3a)         The Commissioner cannot approve a person as a gaming machine technician unless satisfied, by such evidence as he or she may require, that the person is a fit and proper person to personally perform the work of installing, servicing and repairing gaming machines.

        (4)         The Commissioner cannot approve the assumption by a person of a position of authority in a trust or corporate entity that holds a licence unless satisfied, by such evidence as he or she may require, that the person is a fit and proper person to assume such a position.

        (6)         In making a determination for the purposes of subsection (2), (3), (3a) or (4), the Commissioner may cause the person's photograph and fingerprints to be taken and must give consideration to—

            (a)         the reputation, honesty and integrity (including the creditworthiness) of the person; and

            (b)         the reputation, honesty and integrity of the person's known associates (including persons who are relatives).



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