INDEPENDENT GAMBLING AUTHORITY ACT 1995 TABLE OF PROVISIONS 1. Short title 3. Interpretation 4. Establishment of Authority 5. Constitution of Authority 6. Conditions of membership 7. Allowances and expenses 8. Validity of acts of Authority 10. Secretary 11. Functions and powers of Authority 11A. Committees 12. Proceedings of Authority 13. Inquiries by Authority 14. Powers and procedures of Authority on an inquiry or appeal 15. Representation before Authority 15A. Delegation 15B. Voluntary barring of excessive gamblers 16. Participation in gambling 17. Confidentiality 18. Ombudsman's jurisdiction 19. Annual report Legislative history INDEPENDENT GAMBLING AUTHORITY ACT 1995 - LONG TITLE An Act to establish the Gaming Supervisory Authority and to provide for its powers and functions; and for other purposes. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 1 1--Short title This Act may be cited as the Independent Gambling Authority Act 1995. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 3 3--Interpretation In this Act-- "Authority" means the Independent Gambling Authority established under this Act; "Commissioner" means the person for the time being holding or acting in the office of the Liquor and Gambling Commissioner under the Liquor Licensing Act 1997 (or the Commissioner's delegate); "prescribed Act" means-- (a) the Casino Act 1997; or (b) the Gaming Machines Act 1992; or (c) any other Act that assigns functions to the Authority; "proceedings" means proceedings on an inquiry, review or appeal. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 4 4--Establishment of Authority (1) The Independent Gambling Authority is established. (2) The Authority is an instrumentality of the Crown but is not subject to Ministerial control or direction except as provided by this or any other Act. (3) The Authority-- (a) is a body corporate with perpetual succession and a common seal; and (b) is capable of suing and being sued in its corporate name; and (c) is capable of acquiring, holding or dealing with real or personal property in its corporate name; and (d) has the functions and powers assigned or conferred under this or any other Act. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 5 5--Constitution of Authority (1) The Authority is constituted of the following members, appointed by the Governor on the nomination of the Minister: (a) a legal practitioner of at least 10 years' standing or a person who has held judicial office as a member of a superior court of this State or of any other State or Territory of the Commonwealth or of the Commonwealth; and (b) 6 other persons who together have, in the Minister's opinion, the abilities and experience required for the effective performance of the Authority's functions. (2) At least 2 members must be women and 2 must be men. (3) A person who, without the approval of the Minister, has a direct or indirect pecuniary or personal interest in a licensee, or a business conducted by a licensee, under a prescribed Act is not eligible for appointment to the Authority. (4) The person appointed under subsection (1)(a) will be the presiding member of the Authority. (5) The Governor may appoint a suitable person to be the deputy of a member of the Authority and the deputy may act as a member of the Authority in that member's absence. (6) A person appointed as the deputy of the presiding member-- (a) must have the same qualifications for appointment as the presiding member; and (b) may (but need not) be a person who is, apart from the appointment as the presiding member's deputy, a member of the Authority. (7) On the office of a member becoming vacant, a person must be appointed under this section to the vacant office. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 6 6--Conditions of membership (1) A member will be appointed for a term, not exceeding three years, specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment. (2) The Governor may remove a member of the Authority from office on the ground of-- (a) mental or physical incapacity to carry out official duties satisfactorily; or (b) neglect of duty; or (c) dishonourable conduct; or (d) any other ground that the Executive Council considers sufficient. (3) The office of a member of the Authority becomes vacant if the member-- (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by notice in writing addressed to the Minister; or (d) is removed from office under subsection (2). INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 7 7--Allowances and expenses A member of the Authority is entitled to allowances and expenses determined by the Governor. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 8 8--Validity of acts of Authority (1) An act or proceeding of the Authority is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 10 10--Secretary (1) There will be a Secretary to the Authority. (2) The Secretary will be a Public Service employee. (3) The position of Secretary may be held in conjunction with any other position in the Public Service. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 11 11--Functions and powers of Authority (1) The functions of the Authority are-- (aa) to develop and promote strategies for reducing the incidence of problem gambling and for preventing or minimising the harm caused by gambling; and (aab) to undertake, assist in or co-ordinate ongoing research into matters relevant to the Authority's functions, including research into-- (i) the social and economic costs and benefits to the community of gambling and the gambling industry; and (ii) the likely impact, both negative and positive, on the community of any new gambling product or gambling activity that might be introduced by any section of the gambling industry; and (iii) strategies for reducing the incidence of problem gambling and preventing or minimising the harm caused by gambling; and (iv) any other matter directed by the Minister; and (a) to ensure that an effective and efficient system of supervision is established and maintained over the operations of licensees under prescribed Acts; and (b) to advise, and make recommendations to, the Minister on matters relating to the operations of licensees under prescribed Acts or on any aspect of the operation, administration or enforcement of prescribed Acts; and (c) to perform other functions assigned to the Authority under this Act or a prescribed Act or by the Minister. (2) The Authority has power to do anything that is necessary for, or incidental to, the performance of its functions. (2a) In performing its functions and exercising its powers under this Act or a prescribed Act, the Authority must have regard to the following objects: (a) the fostering of responsibility in gambling and, in particular, the minimising of harm caused by gambling, recognising the positive and negative impacts of gambling on communities; and (b) the maintenance of an economically viable and socially responsible gambling industry (including an economically viable and socially responsible club and hotel gaming machine industry) in this State. (3) The Authority may require the Commissioner to furnish the Authority with a report on any matter relating to-- (a) the operations of a licensee under a prescribed Act; or (b) the operation, administration or enforcement of a prescribed Act. (4) The Authority may give the Commissioner directions in relation to the discharge by the Commissioner of his or her responsibility to the Authority under a prescribed Act, but is not empowered to direct or in any way influence the Commissioner in the exercise by the Commissioner of a discretion under a prescribed Act. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 11A 11A--Committees (1) The Authority may establish such committees as the Authority thinks fit to assist it in the performance of its functions. (2) The membership of a committee will be determined by the Authority and may, but need not, consist of or include members of the Authority. (3) The procedures to be observed by a committee in relation to the conduct of its business will be-- (a) as determined by the Authority; (b) insofar as a procedure is not determined under paragraph (a)--as determined by the committee. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 12 12--Proceedings of Authority (1) The presiding member (or his or her deputy) and 3 other members of the Authority constitute a quorum of the Authority. (2) The presiding member, or in his or her absence the deputy of the presiding member, must preside at meetings of the Authority or proceedings before the Authority. (3) A unanimous or majority decision of the members present at a meeting of the Authority or hearing proceedings before the Authority is a decision of the Authority. (4) The Authority may-- (a) hold meetings and conduct proceedings by telephone or other electronic means; (b) allow a person to participate in meetings or proceedings by telephone or other electronic means. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 13 13--Inquiries by Authority (1) The Authority-- (a) may hold an inquiry whenever it considers it necessary or desirable to do so for the purpose of carrying out its functions; and (b) must, if requested to do so by the Minister, hold an inquiry into any matter relating to-- (i) the operations of a licensee under a prescribed Act; or (ii) the operation, administration or enforcement of a prescribed Act. (2) On completing an inquiry under this section, the Authority must submit to the Minister a report of the inquiry and the findings of the Authority on the inquiry, and any such report may include recommendations for action to be taken. (3) Unless the Authority recommends that the report should remain confidential, the Minister must, within six sitting days of receiving a report under subsection (2), cause a copy of the report to be laid before each House of Parliament. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 14 14--Powers and procedures of Authority on an inquiry or appeal (1) For the purposes of proceedings before the Authority (whether under this Act or any other Act), the Authority may-- (a) by summons signed on behalf of the Authority by the Secretary of the Authority, require the attendance before the Authority of any person; or (b) by summons signed on behalf of the Authority by the Secretary of the Authority, require the production of any equipment or other item, or any books, papers or documents; or (c) inspect any equipment or other item, or any books, papers or documents produced before it and retain them for such reasonable period as it thinks fit, and, in the case of books, papers or documents, make copies of any of them, or of any of their contents; or (d) require any person to make oath or affirmation that he or she will truly answer all questions put to him or her by the Authority relating to any matter being inquired into or that is before the Authority; or (e) require any person appearing before the Authority to answer any relevant questions put to him or her by any member of the Authority or by any person appearing before the Authority. (2) If a person-- (a) who has been served with a summons to appear before the Authority, fails without reasonable excuse (proof of which lies on the person) to attend in obedience to the summons; or (b) who has been served with a summons to produce equipment or any other items, or books, papers or documents, fails without reasonable excuse (proof of which lies upon the person) to comply with the summons; or (c) misbehaves before the Authority, wilfully insults the Authority or any member of the Authority or interrupts the proceedings of the Authority; or (d) refuses to be sworn or to affirm or to answer any relevant question when required to do so by the Authority, the person is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 6 months. (3) A person is not excused from answering a question or from producing books, papers or documents under this section-- (a) on the ground that the answer to the question or the contents of the books, papers or documents would tend to incriminate the person; or (b) on the ground of legal professional privilege, but if the person objects to answering a question on the ground that the answer would tend to incriminate him or her, the answer will not be admissible against him or her in criminal proceedings (except in proceedings for perjury) or, if the person objects to answering a question on the ground of legal professional privilege, the answer will not be admissible in civil or criminal proceedings against the person who would, but for this subsection, have the benefit of the legal professional privilege. (4) The Authority may, if requested to do so by a person who has been required to answer a question by the Authority or who has produced books, papers or documents to the Authority, by order prohibit the publication in any newspaper or by radio or television of the name of the person, any answer given by him or her in proceedings before the Authority or the contents of any book, paper or document produced by him or her to the Authority. (5) A person who contravenes an order under subsection (4) is guilty of an offence. Maximum penalty: $10 000. (6) The Authority may sit at any time and in any place (including a place outside this State) and may adjourn its sittings from time to time and from place to place. (7) In the course of any proceedings, the Authority may-- (a) receive in evidence any transcript of evidence in proceedings before a court or tribunal and draw any conclusions of fact from the transcript that it thinks proper; or (b) adopt, as in its discretion it considers proper, any findings, decision or judgment of a court or tribunal that may be relevant to the matter before the Authority. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 15 15--Representation before Authority (1) A person appearing before the Authority may appear-- (a) personally; (b) by counsel; (c) if a body corporate--by an officer or employee of the body corporate who has obtained leave of the Authority to appear on behalf of the body corporate; (d) if the party is a member of a genuine association formed to promote or protect the interests of a section of the liquor industry or the gaming machine industry or of employees in those industries--by an officer or employee of that association. (2) The Commissioner of Police may be represented before the Authority-- (a) by a member of the police force; or (b) by counsel. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 15A 15A--Delegation (1) The Authority may, by instrument in writing, delegate to a committee established by the Authority, a member, deputy member or the Secretary of the Authority or the Commissioner any of the powers or functions of the Authority under this Act or a prescribed Act (other than the conduct of an inquiry or review or appeal). (2) A delegation under this section-- (a) may be unconditional or subject to conditions specified by the delegator; and (b) does not derogate from the power of the delegator to act personally in any matter; and (c) is revocable at will by the delegator. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 15B 15B--Voluntary barring of excessive gamblers (1) The Authority may, by order, on the written request of a person, bar the person (the "excluded person") from-- (a) the casino; or (b) the gaming area, or areas, of one or more specified premises that are the subject of a gaming machine licence; or (c) an area within which gaming machines may be operated under a Commonwealth law. (2) An order under this section remains in force until revoked. (3) Subject to subsection (4), the Authority will, on the written request of the excluded person, vary or revoke the order. (4) An order under this section may not be revoked, or be varied so as to limit in any way its application, unless it has been in force for a period of at least 12 months. (5) The Authority must give written notice of an order under this section, and of any variation or revocation of the order, to the licensee of each place to which the order relates. (6) An excluded person who enters or remains in a place from which he or she has been barred under this section is guilty of an offence. Maximum penalty: $2 500. (7) The powers under the Casino Act 1997 or the Gaming Machines Act 1992 relating to requiring a person to leave, or removing a person from, a place from which the person has been barred under either of those Acts, extend to a person barred from such a place by an order under this section, as if the order were an order under the relevant Act. (8) The barring of a person from a place pursuant to an order under this section will be regarded as confidential information for the purposes of this Act. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 16 16--Participation in gambling A member of the Authority or the Commissioner must not engage in a gambling activity to which the Authority's statutory responsibilities extend. Maximum penalty: $10 000. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 17 17--Confidentiality (1) A member or former member of the Authority or of a committee established by the Authority, the Commissioner or a former Commissioner or any officer or employee engaged or formerly engaged in administration or enforcement of this Act or a prescribed Act must not disclose confidential information obtained in the course of carrying out official functions except-- (a) to another person who has official functions under this Act or a prescribed Act, to the Commissioner of Police or as may otherwise be required for carrying out such official functions; or (b) as required by law; or (c) as permitted by the person in whose favour the duty of confidentiality exists; or (d) to a reciprocating authority, or an officer or employee of a reciprocating authority. Maximum penalty: $10 000. (2) An authority, officer or person responsible for the administration or enforcement of laws relating to the supervision or control of gambling in another jurisdiction is a "reciprocating authority" if-- (a) the other jurisdiction is the Commonwealth, a State or Territory of the Commonwealth, or New Zealand; or (b) there is an arrangement in force between the South Australian government and the government of the relevant jurisdiction for the exchange of information relevant to the administration or enforcement of laws for the supervision or control of gambling. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 18 18--Ombudsman's jurisdiction The Ombudsman's jurisdiction does not extend to acts of the Authority. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - SECT 19 19--Annual report (1) The Authority must, on or before 31 October in each year, prepare and submit to the Minister a report on the performance of its functions under this Act during the preceding financial year. (2) However, the Authority is not required to include in the report any material that is included in an annual report furnished by the Authority under some other Act. (3) The Authority's report under this section must include-- (a) particulars of research undertaken by the Authority, or in which the Authority has participated, during the year; and (b) a summary of any findings arising out of those research activities. (4) The Minister must, within 12 sitting days after receiving the Authority's report, have copies of the report laid before both Houses of Parliament. INDEPENDENT GAMBLING AUTHORITY ACT 1995 - NOTES Legislative history Notes * Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. * Earlier versions of this Act (historical versions) are listed at the end of the legislative history. * For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Formerly Gaming Supervisory Authority Act 1995 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1995 12 Gaming Supervisory Authority Act 1995 23.3.1995 1.7.1995 (Gazette 29.6.1995 p2972) 1997 32 Gaming Supervisory Authority (Administrative Restructuring) Amendment Act 1997 19.6.1997 24.7.1997 (Gazette 24.7.1997 p174) except ss 3 & 5--11.9.1997 (Gazette 11.9.1997 p703) 2000 59 Racing (Controlling Authorities) Amendment Act 2000 27.7.2000 1.10.2000 (Gazette 28.9.2000 p2221) 2000 90 Racing (Proprietary Business Licensing) Act 2000 21.12.2000 18.1.2001 (Gazette 18.1.2001 p68) 2000 95 Authorised Betting Operations Act 2000 21.12.2000 Sch 2 (cl 2)--deleted by 44/2003 without coming into operation 2001 18 Statutes Amendment (Gambling Regulation) Act 2001 31.5.2001 Pt 5 (ss 30--41)--1.10.2001 (Gazette 13.9.2001 p4116) 2003 44 Statute Law Revision Act 2003 23.10.2003 Sch 1--24.11.2003 (Gazette 13.11.2003 p4048) 2004 46 Gaming Machines (Miscellaneous) Amendment Act 2004 9.12.2004 Sch 1 (cll 1 & 2)--1.2.2005 (Gazette 13.1.2005 p68) 2009 84 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 80 (ss 190--192)--1.2.2010 (Gazette 28.1.2010 p320) 2010 28 Gaming Machines (Miscellaneous) Amendment Act 2010 9.12.2010 Sch 1 (cl 2)--1.1.2011 (Gazette 16.12.2010 p5695) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement s 1 amended by 18/2001 s 30 1.10.2001 s 2 omitted under Legislation Revision and Publication Act 2002 1.2.2005 s 3 amended by 32/1997 s 3 11.9.1997 amended by 59/2000 Sch para (a) 1.10.2000 substituted by 90/2000 Sch 2 cl 1(a) 18.1.2001 Authority amended by 18/2001 s 31(a) 1.10.2001 Commissioner amended by 18/2001 s 31(b) 1.10.2001 s 4 s 4(1) s 4 redesignated as s 4(1) by 90/2000 Sch 2 cl 1(b) 18.1.2001 amended by 18/2001 s 32(a) 1.10.2001 s 4(2) inserted by 90/2000 Sch 2 cl 1(b) 18.1.2001 s 4(3) inserted by 18/2001 s 32(b) 1.10.2001 s 5 s 5(1) amended by 18/2001 s 33(a) 1.10.2001 s 5(2) substituted by 18/2001 s 33(b) 1.10.2001 s 5(3) substituted by 90/2000 Sch 2 cl 1(c) 18.1.2001 s 5(6) substituted by 32/1997 s 4 24.7.1997 s 8 s 8(2) and (3) deleted by 84/2009 s 190 1.2.2010 s 9 before deletion by 84/2009 s 9(1) amended by 32/1997 s 6(a) 24.7.1997 s 9 deleted by 84/2009 s 191 1.2.2010 s 10 s 10(2) amended by 18/2001 s 34 1.10.2001 substituted by 84/2009 s 192 1.2.2010 s 11 amended by 59/2000 Sch paras (b)--(e) 1.10.2000 substituted by 90/2000 Sch 2 cl 1(d) 18.1.2001 s 11(1) amended by 18/2001 s 35(a) 1.10.2001 s 11(2a) inserted by 18/2001 s 35(b) 1.10.2001 amended by 46/2004 Sch 1 cl 1 1.2.2005 s 11A inserted by 18/2001 s 36 1.10.2001 s 12 s 12(1) amended by 18/2001 s 37 1.10.2001 s 12(2) substituted by 90/2000 Sch 2 cl 1(e) 18.1.2001 s 12(3) and (4) inserted by 90/2000 Sch 2 cl 1(e) 18.1.2001 s 13 s 13(1) amended by 59/2000 Sch paras (f), (g) 1.10.2000 substituted by 90/2000 Sch 2 cl 1(f) 18.1.2001 s 14 s 14(1) amended by 90/2000 Sch 2 cl 1(g) 18.1.2001 s 14(2) amended by 32/1997 s 6(b) 24.7.1997 s 14(5) amended by 32/1997 s 6(c) 24.7.1997 s 15 s 15(1) amended by 90/2000 Sch 2 cl 1(h) 18.1.2001 s 15(2) amended by 90/2000 Sch 2 cl 1(i) 18.1.2001 s 15A inserted by 90/2000 Sch cl 1(j) 18.1.2001 s 15A(1) amended by 18/2001 s 38 1.10.2001 s 15B inserted by 18/2001 s 39 1.10.2001 s 15B(1) amended by 28/2010 Sch 1 cl 2 1.1.2011 s 16 inserted by 32/1997 s 5 11.9.1997 amended by 90/2000 Sch 2 cl 1(k) 18.1.2001 s 17 inserted by 32/1997 s 5 11.9.1997 s 17(1) substituted by 90/2000 Sch 2 cl 1(l) 18.1.2001 amended by 18/2001 s 40 1.10.2001 s 17(3) deleted by 46/2004 Sch 1 cl 2 1.2.2005 s 18 inserted by 32/1997 s 5 11.9.1997 s 19 inserted by 18/2001 s 41 1.10.2001 Historical versions Reprint No 1--24.7.1997 Reprint No 2--11.9.1997 Reprint No 3--1.10.2000 Reprint No 4--18.1.2001 Reprint No 5--1.10.2001 1.2.2005 1.2.2010