South Australian Consolidated Acts South Australian Consolidated Acts44A—Prohibition of links between dealers and other licensees
(1) A person must not,
at the one time—
(a) be
the holder of both a gaming machine dealer's licence and a licence of some
other class under this Act; or
(b) be
the holder of a gaming machine dealer's licence and be associated with a
licensee of some other class under this Act; or
(c) be
the holder of a licence (other than a gaming machine dealer's licence) and be
associated with the holder of a gaming machine dealer's licence; or
(d) be
associated with both a licensed gaming machine dealer and a licensee of some
other class under this Act.
(2) The Commissioner
must refuse an application for a licence or for any approval under this Act if
the grant of the application would result in a contravention of
subsection (1).
(3) It is a ground for
the Commissioner to exercise his or her powers under this Act to revoke or
suspend any relevant licence or approval if a contravention of
subsection (1) has occurred or is about to occur.
(4) For the purposes
of this section, a person is associated with a licensee—
(a) in
the case of a licensee that is a body corporate, if—
(i)
the person is a related body corporate (as defined in the
Corporations Act 2001 of the Commonwealth); or
(ii)
the person occupies a position of authority in the body
corporate;
(b) in
the case of a licensee that is not a body corporate, if—
(i)
the person manages, or is to manage, the undertaking to
be carried out under the licence; or
(ii)
the person is the spouse or domestic partner of the
licensee; or
(c) in
any case, if—
(i)
the person is the partner or agent of the licensee; or
(ii)
the person and the licensee have an agreement,
arrangement or understanding under which one acts in accordance with the
directions or wishes of the other, or they act in accordance with a
pre-arranged pattern; or
(iii)
the person and the licensee have common employees or the
employees of one provide services for the other; or
(iv)
the person and the licensee are trustees or beneficiaries
of the same trust or one is a trustee and the other is a beneficiary of the
same trust (a
"trust" in this subparagraph being a trust that relates to the undertaking
under a licence); or
(iva)
the person and the licensee are parties to an agreement or arrangement under
which one participates in, or is remunerated or paid for something by
reference to, the proceeds or profits of the business of the other; or
(v)
there is some other relationship or connection between
the person and the licensee or any other person that could, in the opinion of
the Commissioner, prejudice the proper operation of this Act or of the
licensee's undertaking under the licence.