South Australia
Statutes Amendment (Gambling Measures) Act 2015
An Act to amend the Gaming Machines Act 1992; the Independent Gambling Authority Act 1995, the Lottery and Gaming Act 1936 and the Problem Gambling Family Protection Orders Act 2004.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Gaming Machines Act 1992
4	Amendment of section 15—Eligibility criteria
5	Amendment of section 18—Form of application
6	Amendment to heading to Part 4AA
7	Insertion of section 44AAA
44AAA	Commissioner may notify Commissioner of Police of appointment of gaming managers and gaming employees
8	Amendment of section 45—Offence of being unlicensed
9	Amendment of section 51A—Cash facilities not to be provided within gaming areas
10	Amendment of Schedule 1—Gaming machine licence conditions
Part 3—Amendment of Independent Gambling Authority Act 1995
11	Amendment of long title
12	Substitution of section 10
10	Staff
13	Amendment of section 11B—Delegation
14	Amendment of section 14—Powers and procedures of Authority
15	Amendment of section 15I—Powers to remove etc
16	Amendment of section 17—Confidentiality
Part 4—Amendment of Lottery and Gaming Act 1936
17	Amendment of section 4—Interpretation
18	Amendment of section 61—Unlawful gaming and playing of unlawful games
19	Insertion of section 117
117	Delegation
Part 5—Amendment of Problem Gambling Family Protection Orders Act 2004
20	Amendment of section 3—Interpretation
21	Amendment of section 13—Notification of making, variation or revocation of problem gambling family protection orders by Authority
22	Amendment of section 18—Report to Parliament
Schedule 1—Statute law revision amendments of Lottery and Gaming Act 1936

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Statutes Amendment (Gambling Measures) Act 2015.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Gaming Machines Act 1992
4—Amendment of section 15—Eligibility criteria
Section 15(5)(a)(ii)—delete subparagraph (ii)
5—Amendment of section 18—Form of application
Section 18(4)—delete "and the layout of the machines within each gaming area"
6—Amendment to heading to Part 4AA
Heading to Part 4AA—delete "Prohibition notices—gaming" and substitute:
Gaming
7—Insertion of section 44AAA
Before section 44AA insert:
44AAA—Commissioner may notify Commissioner of Police of appointment of gaming managers and gaming employees
	(1)	The Commissioner may provide a copy of a notification of the appointment of a gaming manager or gaming employee to the Commissioner of Police.
	(2)	As soon as reasonably practicable following receipt of a notification under subsection (1), the Commissioner of Police—
	(a)	must make available to the Commissioner information about any criminal convictions of the gaming manager or gaming employee; and
	(b)	may make available to the Commissioner other information to which the Commissioner of Police has access relevant to whether the Commissioner should issue a prohibition notice under section 44AA.
8—Amendment of section 45—Offence of being unlicensed
Section 45—after paragraph (a) insert:
	(ab)	purchase, or enter into a contract or agreement to purchase, a gaming machine; or
9—Amendment of section 51A—Cash facilities not to be provided within gaming areas
Section 51A(1)—after "cash facility" insert:
other than an EFTPOS facility
10—Amendment of Schedule 1—Gaming machine licence conditions
Schedule 1, paragraph (e)—delete paragraph (e)

Part 3—Amendment of Independent Gambling Authority Act 1995
11—Amendment of long title
Long title—delete "Gaming Supervisory Authority" and substitute:
Independent Gambling Authority
12—Substitution of section 10
Section 10—delete the section and substitute:
10—Staff
	(1)	The Authority's staff consists of Public Service employees assigned to assist the Authority in the exercise of its functions.
	(2)	While a Public Service employee is assigned to the Authority, directions given to the employee by the Authority in respect of the exercise of its functions prevail over directions given to the employee by the chief executive of the administrative unit of the Public Service in which the employee is employed to the extent of any inconsistency.
13—Amendment of section 11B—Delegation
	(1)	Section 11B(1)—delete "committee established by the Authority, a member, deputy member or the Secretary of the Authority, or the Commissioner" and substitute:
person or body (including a person for the time being holding or acting in a particular position)
	(2)	Section 11B(2)—delete "to the Secretary of the Authority"
	(3)	Section 11B(3)—after paragraph (c) insert:
		and
	(d)	may, if the instrument of delegation so provides, be further delegated.
14—Amendment of section 14—Powers and procedures of Authority
Section 14(1)—delete "signed on behalf of the Authority by the Secretary of the Authority" wherever occurring
15—Amendment of section 15I—Powers to remove etc
Section 15I(1)—after "place" third occurring insert:
or barred from taking part in specified gambling activities that are engaged in at that place
16—Amendment of section 17—Confidentiality
Section 17—after subsection (2) insert:
	(3)	An authorised person under this Act or a prescribed Act must not disclose confidential information obtained in the course of exercising powers or carrying out functions or duties under this Act or a prescribed Act except—
	(a)	to another authorised person; or
	(b)	to the Commissioner or the Authority; or
	(c)	as permitted by the person in whose favour the duty of confidentiality exists; or
	(d)	as is otherwise necessary for the proper administration of this Act or a prescribed Act; or
	(e)	as required by law.
Maximum penalty: $10 000.

Part 4—Amendment of Lottery and Gaming Act 1936
17—Amendment of section 4—Interpretation
	(1)	Section 4, definition of unlawful gaming—after paragraph (a) insert:
	(ab)	the playing at or engaging in a game of poker in a public place (provided that the regulations may prescribe circumstances in which playing at or engaging in a game will or will not constitute unlawful gaming for the purposes of this paragraph); and
	(2)	Section 4, definition of unlawful gaming, (b)—delete "hereinbefore defined" and substitute:
defined in paragraphs (a) and (ab)
18—Amendment of section 61—Unlawful gaming and playing of unlawful games
Section 61—after subsection (3) insert:
	(4)	A person must not organise or promote unlawful gaming.
Maximum penalty: $2 500.
19—Insertion of section 117
After section 116 insert:
117—Delegation
	(1)	The Minister may delegate to a person (including a person for the time being holding or acting in a particular position) any of the Minister's powers or functions under this Act.
	(2)	A delegation—
	(a)	must be by instrument in writing; and
	(b)	may be absolute or conditional; and
	(c)	does not derogate from the power of the delgator to act in a matter; and
	(d)	is revocable at will by the delegator.
	(3)	A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated in accordance with that instrument.

Part 5—Amendment of Problem Gambling Family Protection Orders Act 2004
20—Amendment of section 3—Interpretation
Section 3(1), definition of Secretary—delete the definition
21—Amendment of section 13—Notification of making, variation or revocation of problem gambling family protection orders by Authority
Section 13—delete "Secretary" wherever occurring and substitute in each case:
Authority
22—Amendment of section 18—Report to Parliament
Section 18(2)—delete "Secretary" and substitute:
Authority

Schedule 1—Statute law revision amendments of Lottery and Gaming Act 1936

Provision amended	How amended	
Act	Delete "upon" wherever occurring and substitute in each case:
on	
	Delete "No person shall" wherever occurring and substitute in each case:
A person must not	
	Delete "Chief Secretary" wherever occurring and substitute in each case:
Minister	
	Delete "member of the police force" wherever occurring and substitute in each case:
police officer	
Section 4, definition of bet or make a bet	Delete "shall have" and substitute:
has	
Section 4, definition of public place, (c)	Delete "Licensing Act 1967, as amended," and substitute:
Liquor Licensing Act 1997	
Section 4, definition of public place, (f)	Delete "thereof" and substitute:
of that building or place	
Section 4, definition of unlawful gaming, (a)	After "his" insert:
or her	
Section 5	Delete "hereby declared to be"	
Section 5	Delete "or in pursuance thereof" and substitute:
of or pursuant to a lottery is	
Section 7(d)	Delete "aforesaid" and substitute:
set out above	
Section 9(1)	Delete "part of this Act shall extend to or affect" and substitute:
Part extends to or affects	
Section 9(1)(b)	Delete "thereof" and substitute:
of such association	
Section 9(1)(b)	Delete ": Provided" and substitute:
, provided	
Section 9(1)(c)	Delete "thereof" first occurring and substitute:
of the property	
Section 9(1)(c)	Delete "thereof" second and third occurring	
Section 9(1)(e)	Delete "thereof"	
Section 10(d)	Delete "thereof" and substitute:
of an illegal lottery	
Section 12(1)	Delete "shall" second occurring	
Section 12(2)	Delete "shall" and substitute:
will	
Section 13	Delete "shall" second occurring and substitute:
will	
Section 14	Delete "the provisions of the next preceding section" and substitute:
section 13	
Section 14(a) and (b)	Delete the colon at the end of each paragraph and substitute a semicolon	
Section 14	Delete "shall" and substitute:
will	
Section 14A	Delete "shall not be" and substitute:
is not	
Section 14A	Delete "of this Act"	
Section 14B(1)(b)	Delete "him" and substitute:
the Minister	
Section 14B(2)	Delete "of this section"	
Section 14C(1)	Delete "shall" and substitute:
will	
Section 14C(2)	Delete "of this section it shall be" and substitute:
, it is	
Section 14C(2)	After "he" insert:
or she	
Section 14D	After "his" insert:
or her	
Section 14D	After "approved" second occurring insert:
,	
Section 14D	Delete "shall" and substitute:
will	
Section 50(1)	Delete "shall be" and substitute:
are	
Section 50(2)	Delete "shall" and substitute:
may	
Section 50(2)(b)	Delete "made:" and substitute:
made,	
Section 50(2)	Delete "Provided that this section shall" and substitute:
but this section does	
Section 50A	Delete "shall" wherever occurring and substitute in each case:
will	
Section 50A(3)	Delete "moneys" and substitute:
money	
Section 51	Delete "shall be" and substitute:
is	
Section 53	Delete "shall" second occurring	
Section 54	Delete "No person under the age of eighteen years shall" and substitute:
A person under the age of 18 years must not	
Section 55	After "himself" insert:
or herself	
Section 55	Delete "shall" second occurring and substitute:
will	
Section 57(1)	After "him" insert:
or her	
Section 57(1)	Delete "thereof respectively, shall" and substitute:
of such money or thing, will	
Section 58(b)	Delete "shall" and substitute:
will	
Section 58A	Delete "shall" and substitute:
will	
Section 58A	After "by him" insert:
or her	
Section 59	Delete "hereby"	
Section 59A(3)	Delete "shall" and substitute:
will	
Section 61(3)(b)	Delete "the proof of which excuse shall be upon him" and substitute:
and the burden of proof is on the defendant to show lawful excuse	
Section 62	Delete "No person shall be in or upon any" and substitute:
A person must not be in a	
Section 63(2)	Delete "of this section"	
Section 64(2)	Delete "of this section"	
Section 69(1)	After "him" insert:
or her	
Section 69(2)	Delete "No" and substitute:
A	
Section 69(2)	Delete "shall" and substitute:
must not	
Section 69(2)	After "he" insert:
or she	
Section 69(2)	Delete "thereto" and substitute:
to that place	
Section 69(3)	Delete "him" and substitute:
the officer	
Section 69(3)	Delete "of this section shall" and substitute:
will	
Section 69(3)	Delete "his"	
Section 72(a)	Delete "acting in his assistance" and substitute:
assisting the officer	
Section 72	Delete "thereof" wherever occurring and substitute in each case:
of the house, room or place	
Section 73(1)	Delete "Upon" and substitute:
On	
Section 73(1)	Delete "he" and substitute:
the officer	
Section 73(1)	Delete "shall" first and second occurring and substitute in each case:
must	
Section 73	Delete "him" wherever occurring and substitute in each case:
the officer	
Section 73(1)	Delete "shall be deemed a" and substitute:
will be	
Section 73(2)	Delete "shall"	
Section 73(2)(a)	Delete "thereof or any premises leading thereto" and substitute:
of the place or any premises leading to the place	
Section 74(1)(a)	Delete "therein"	
Section 74(1)(c)	Before "shareholders" insert:
its	
Section 74(1)(c)	Delete "thereof"	
Section 74(1)(c)	Delete "so made either" and substitute:
made	
Section 74	Delete "shall" wherever occurring and substitute in each case:
will	
Section 76	Delete "shall" first occurring and substitute:
may	
Section 76	Delete ": Provided that" and substitute:
, but	
Section 76	Delete "shall not be" and substitute:
is not	
Section 77	Delete "shall" first occurring and substitute:
may	
Section 77	Delete ": Provided that" and substitute:
, but	
Section 77	Delete "he shall not be" and substitute:
he or she is not	
Section 78(2)	Delete "shall" and substitute:
will	
Section 78(2)	Delete "thereupon" and substitute:
then	
Section 78(3)	Delete "shall" and substitute:
must	
Section 78(3)	Delete "he" and substitute:
the occupier	
Section 78(4)	Delete "Upon" and substitute:
On	
Section 78(4)	Delete "manner aforesaid, he shall" and substitute:
the manner set out in this section, the Registrar‑General must	
Section 78(4)	Delete "thereof" and substitute:
of service	
Section 79(1)	Delete "he" and substitute:
the occupier	
Section 79(2)	Delete "shall" first occurring and substitute:
must	
Section 79(2)	Delete "shall operate" and substitute:
operates	
Section 79(2)	Delete "the last preceding section" and substitute:
section 78	
Section 80(2)	Delete "shall be" and substitute:
remains	
Section 81(1)	Delete "Any such declaration may be rescinded by a judge of the Supreme Court, subject to such terms as he thinks fit, on application being made to him" and substitute:
A declaration made under section 80 may be rescinded by a judge of the Supreme Court, subject to terms as the judge thinks fit, on application made	
Section 81(1)(a)	After "he" insert:
or she	
Section 81(2)	Delete "Where the application is made by the owner, tenant, or occupier as aforesaid" and substitute:
If an application is made by an owner, tenant or occupier under subsection (1)	
Section 81(2)	Delete "same shall" and substitute:
application must	
Section 81(2)	Delete "two days at least" and substitute:
at least 2 days	
Section 81(3)	Delete ": Provided that the Commissioner of Police shall be given notice of any application by such owner, tenant or occupier and shall be entitled to be heard in opposition thereto"	
Section 81	After subsection (3) insert:
	(4)	The Commissioner of Police must be given notice of an application by an owner, tenant or occupier under subsection (3) and is entitled to be heard in opposition to the application.	
Section 82(1)	Delete "the same, shall" and substitute:
such declaration, must	
Section 82(2)	Delete "shall" and substitute:
will	
Section 82(2)	Delete "therein notified"	
Section 83(1)	Delete "shall" wherever occurring and substitute in each case:
must	
Section 83(1)(a)	Delete "declaration:" and substitute:
declaration; and	
Section 83(1)(b)	Delete "aforesaid,"	
Section 83(1)(b)	Delete "thereof" and substitute:
of the notice	
Section 83(2)	Delete "shall" and substitute:
will	
Section 83(2)	Delete "thereon" and substitute:
on that newspaper	
Section 84	Delete ", in pursuance of paragraph (a) of the last preceding section, of notice" and substitute:
of a notice under section 83(1)	
Section 84	After "him" insert:
or her	
Section 84	After "he" wherever occurring insert:
or she	
Section 84	Delete ", as aforesaid, for a lawful purpose shall be" and substitute:
for a lawful purpose is	
Section 85	Delete "on an owner, in pursuance of paragraph (b) of section 83 of" and substitute:
under section 83(1)(b) on an owner of a	
Section 85	Delete "shall, unless he proves that he has taken all reasonable steps to evict the occupier from the same, be" and substitute:
is, unless the owner proves that he or she has taken all reasonable steps to evict the occupier from the house, office, room or place,	
Section 86	Delete "on an occupier, in pursuance of paragraph (b) of section 83 of" and substitute:
under section 83(1)(b) on an occupier of a	
Section 86	Delete "said occupier shall, unless he proves that he has taken all reasonable steps to prevent such use, be" and substitute:
occupier is, unless the occupier proves that he or she has taken reasonable steps to prevent such use,	
Section 87	Delete "While any such declaration" and substitute:
If a declaration under section 83	
Section 87(a) to (d) (inclusive)	Delete the colon at the end of each paragraph and substitute a semicolon	
Section 87(b)	Delete "he" and substitute:
the officer	
Section 87(b)	Delete "same" and substitute:
house, office, room or place	
Section 87(c)	Delete "the purpose of entering in pursuance of paragraph (a) or paragraph (b) aforesaid" and substitute:
a purpose set out in paragraph (a) or (b)	
Section 87(d)	Delete "any of the purposes aforesaid" and substitute:
a purpose set out in paragraph (a), (b) or (c)	
Section 88	Delete "him" and substitute:
the officer	
Section 88A	Delete "shall be" and substitute:
is	
Section 89	Delete "his" wherever occurring and substitute in each case:
the officer's	
Section 89	Delete "thereof" wherever occurring and substitute in each case:
of the house, room, office or place	
Section 89(b)	Delete "as aforesaid" and substitute:
under this Act	
Section 89	Delete "it shall be evidence, until the contrary is made to appear" and substitute:
it is evidence, unless the contrary is proven	
Section 89	Delete "therein were playing an unlawful game therein" and substitute:
in the house, office, room or place were playing an unlawful game	
Section 90(1)	Delete "shall" and substitute:
may	
Section 90(1)(a) and (b)	Delete the colon at the end of each paragraph and substitute a semicolon	
Section 90(1)(b)	Delete "resorting thereto" and substitute:
at the house, office, room or place	
Section 90(1)(c)	Delete "thereafter"	
Section 90(2)	Delete "aforesaid is hereby declared to be" and substitute:
set out in subsection (1) is	
Section 90(3)	Delete "aforesaid" and substitute:
set out in this section	
Section 90(4)	Delete "It shall not be" and substitute:
It is not	
Section 90(4)	Delete "aforesaid" and substitute:
set out in this section	
Section 90(4)	Delete "shall" second occurring and substitute:
must	
Section 90(4)	After "he" wherever occurring insert:
or she	
Section 92(1)	Delete "No occupier of any" and substitute:
An occupier of a	
Section 92(1)	Delete "shall" and substitute:
must not	
Section 92(1)	Delete "thereafter"	
Section 92(2)	Delete "aforesaid" wherever occurring and substitute in each case:
referred to in subsection (1)	
Section 92(3)	Delete "aforesaid" wherever occurring and substitute in each case:
referred to in subsection (1) or (2)	
Section 92(3)	Delete "shall" and substitute:
will	
Section 92(3)	Delete "thereof" and substitute:
of that money or thing	
Section 93(b)	Delete "resort thereto" and substitute:
the house, office, room or place	
Section 94	Delete "shall" second and third occurring	
Section 94(a) and (b)	Delete the colon at the end of each paragraph and substitute a semicolon	
Section 95	Delete "No" and substitute:
A	
Section 95	Delete "constable" wherever occurring and substitute in each case:
police officer	
Section 95	Delete "him" and substitute:
the officer	
Section 95	After "his" insert:
or her	
Section 95	Delete "shall" first occurring and substitute:
must not	
Section 95	Delete "shall" second occurring	
Section 96	Delete "shall extend" and substitute:
extends	
Section 96	Delete "in respect of any lawful race, game, sport or exercise, or as part of the prize or stakes therefor" and substitute:
or as part of the prize or stakes in respect of, any lawful race, game, sport or exercise	
Section 97	After "his" insert:
or her	
Section 97	Delete "shall" wherever occurring and substitute in each case:
will	
Section 97	Delete "the member" wherever occurring and substitute in each case:
the officer	
Section 97	Delete "in pursuance or attempted pursuance thereof" and substitute:
in accordance with or attempts to act in accordance with the order or instructions,	
Section 97	Delete "such members" and substitute:
such officers	
Section 99(a)	Delete "complaint:" and substitute:
complaint; or	
Section 99(b)	Delete "therein specified" and substitute:
specified in the complaint	
Section 99(b)	Delete "therein mentioned" and substitute:
mentioned in the complaint	
Section 99	Delete "shall" and substitute:
will	
Section 100	Delete "shall" and substitute:
will	
Section 102	Delete "shall" wherever occurring and substitute in each case:
will	
Section 102(1)	After "him" insert:
or her	
Section 102(1)	Delete "thereof" and substitute:
of the ticket or thing	
Section 103	Delete "therein" and substitute:
in that place	
Section 103	Delete "Court" and substitute:
court	
Section 103	Delete "shall" and substitute:
will	
Section 104	After "his" insert:
or her	
Section 104	Delete "as aforesaid shall be deemed" and substitute:
will be	
Section 104	Delete "against him"	
Section 105(1)	Delete "against him"	
Section 105(1)	Delete "shall be deemed to" and substitute:
will	
Section 105(2)	Delete "shall" wherever occurring and substitute in each case:
do	
Section 105(2)	Delete "of this Act"	
Section 106	Delete "of this Act"	
Section 106	Delete "shall" and substitute:
will	
Section 107	Delete "shall" and substitute:
will	
Section 108	Delete "Court" and substitute:
court	
Section 108A	Delete "shall" and substitute:
will	
Section 112(1)	Delete "shall be held" and substitute:
is	
Section 112(1)	After "he" insert:
or she	
Section 112(2)	Delete "shall" and substitute:
will	
Section 112(3)	Delete "shall" and substitute:
may	
Section 115(1)	Delete "officer of the police force" and substitute:
police officer	
Section 115(1)(a)	Delete "Licensing Act 1967, as amended," and substitute:
Liquor Licensing Act 1997	
Section 115(1)(d)	Delete "thereof" and substitute:
of the building or place	
Section 115(2)(a)	Delete "such officer or member" and substitute:
the police officer	
Section 115(2)(b)	Delete "shall be" and substitute:
are	
Section 115(3)	Delete "of this section"	
Section 115(3)	Delete "such member" and substitute:
the police officer	
Section 115(3)	Delete "as in the subsection mentioned"	
Section 116	Delete "shall apply" and substitute:
applies	
Section 118	Delete the section	
Schedule 2	Delete the Schedule