South Australia
Independent Gambling Authority Act 1995
An Act to establish the Gaming Supervisory Authority and to provide for its powers and functions; and for other purposes.

Contents
Part 1—Preliminary
1	Short title
3	Interpretation
Part 2—The Authority
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
11B	Delegation
Part 3—Proceedings
12	Proceedings of Authority
13	Inquiries by Authority
14	Powers and procedures of Authority
15	Representation before Authority
Part 4—Barring orders
15B	Voluntary barring of excessive gamblers
Part 5—Miscellaneous
16	Participation in gambling
17	Confidentiality
18	Ombudsman's jurisdiction
19	Annual report
20	Regulations
Legislative history

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Independent Gambling Authority Act 1995.
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.

Part 2—The Authority
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.
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.
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).
7—Allowances and expenses
A member of the Authority is entitled to allowances and expenses determined by the Governor.
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.
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.
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.
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.
11B—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—
	(a)	the conduct of an inquiry by the Authority; or
	(b)	a reconsideration by the Authority of a decision that was made by the Authority; or
	(c)	a review or appeal that is to be conducted by the Authority, other than—
	(i)	a review under section 15G; or
	(ii)	a review of a decision made under section 45 of the Casino Act 1997.
	(2)	Nothing in subsection (1) prevents the Authority from delegating to the Secretary of the Authority the power to issue a summons under section 14.
	(3)	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.

Part 3—Proceedings
12—Proceedings of Authority
	(1)	Subject to subsection (1a), the presiding member (or his or her deputy) and 3 other members of the Authority constitute a quorum of the Authority.
	(1a)	For the purpose of conducting an inquiry, a reconsideration of a decision by the Authority or a review or appeal under this Act or a prescribed Act, the presiding member (or his or her deputy) and 1 other member of the Authority constitutes 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.
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.
14—Powers and procedures of Authority
	(1)	If the Authority thinks it reasonably necessary for the purpose of performing its functions (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.
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.

Part 4—Barring orders
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.

Part 5—Miscellaneous
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.
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.
18—Ombudsman's jurisdiction
The Ombudsman's jurisdiction does not extend to acts of the Authority.
19—Annual report
	(1)	The Authority must, on or before 30 September 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.
20—Regulations
The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

Legislative history
Notes
	•	Amendments of this version that are uncommenced are not incorporated into the text.
	•	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)	
2013	37	Statutes Amendment (Gambling Reform) Act 2013	8.8.2013	Pt 5 (ss 125, 127, 129—134 & 136—138)—31.8.2013; s 128—1.1.2014; ss 126, 135, 139 & 140—1.7.2014 (Gazette 29.8.2013 p3648)	
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Pt 1			
heading	inserted by 37/2013 s 125	31.8.2013	
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	
proceedings	amended by 37/2013 s 126	1.7.2014—not incorporated	
Pt 2			
heading	inserted by 37/2013 s 127	31.8.2013	
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	
	amended by 37/2013 s 128	1.1.2014—not incorporated	
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 11B	inserted by 37/2013 s 129	31.8.2013	
Pt 3			
heading	inserted by 37/2013 s 130	31.8.2013	
s 12			
s 12(1)	amended by 18/2001 s 37	1.10.2001	
	amended by 37/2013 s 131(1)	31.8.2013	
s 12(1a)	inserted by 37/2013 s 131(2)	31.8.2013	
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	
	amended by 37/2013 s 132	31.8.2013	
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 before deletion by 37/2013	inserted by 90/2000 Sch cl 1(j)	18.1.2001	
s 15A(1)	amended by 18/2001 s 38	1.10.2001	
s 15A	deleted by 37/2013 s 133	31.8.2013	
Pt 4			
heading	inserted by 37/2013 s 134	31.8.2013	
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 15B	substituted by 37/2013 s 135	1.7.2014—not incorporated	
ss 15C—15N	inserted by 37/2013 s 135	1.7.2014—not incorporated	
Pt 5			
heading	inserted by 37/2013 s 136	31.8.2013	
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	
s 19(1)	amended by 37/2013 s 137	31.8.2013	
s 20	inserted by 37/2013 s 138	31.8.2013	
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		
1.1.2011