Approved licensing agreements
12 Approved licensing agreements
There is to be an agreement (the approved licensing agreement) between a licensee and the Minister about—
the scope and operation of the licensed business; and
the term of the licence; and
the conditions of the licence; and
the performance of the licensee's responsibilities under the licence or this Act.
An agreement may deal with other subjects relevant to the licence or the licensed business.
An agreement—
is to be entered into with a prospective licensee before the licence is granted or with the licensee before renewal of the licence;
and
is to remain in force for the term of the licence;
and
must be consistent with the provisions of this Act.
If an agreement so provides, specified provisions of the agreement become conditions of the licence.
An agreement may require the Minister or the Commissioner to provide information relating to the licensee or the licensee's operations under the licence to a specified person and, if it does so, the information may be provided without breaching any other law.
An agreement may contain provisions governing the exercise of powers of the Minister or the Commissioner under this Act or the
Gambling Administration
Act 2019.
An agreement binds—
the licensee; and
the Minister; and
the Commissioner; and
if the agreement so provides, any other person who consents to be bound by the agreement, to the extent provided in the agreement.
An agreement may contain provisions governing its variation by later agreement, but such a variation must be consistent with the provisions of this Act.
An agreement may contain an assurance, on terms and conditions fixed in the agreement, that the licensee's right to conduct specified betting operations in this State will be an exclusive right and not be impugned during a period set out in the agreement.
An agreement must contain provisions fixing, for a form of betting in which the actual amounts payable on winning bets are not pre-determined, the maximum proportion of money invested that may be retained by the licensee.
Entering into, giving effect to, or enforcing an agreement is, subject to conditions and limitations prescribed by regulation, authorised for the purposes of section 51 of the Competition and Consumer Act 2010 of the
Commonwealth, as in force from time to time, and the Competition Code of South
Australia.
In subsection (12)—
entering into an agreement means entering into or negotiating an agreement, including acting collectively or in combination with others in or with respect to the negotiation of an agreement;
giving effect to an agreement includes complying with an obligation or exercising a right or power under the agreement.
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