Gambling Administration Act 2019

This Act may be cited as the Gambling Administration

Act 2019.

The purpose of this Act is to consolidate various administrative and regulatory provisions relating to different forms of gambling in the State, and to confer various functions and powers on the Commissioner in connection with the administration of gambling Acts.

The objects of this Act are—

to reduce the prevalence and severity of harm associated with the misuse and abuse of gambling activities; and

to foster responsible conduct in relation to gambling and, in particular, to ensure that gambling is conducted responsibly, fairly and honestly, with regard to minimising the harm associated with gambling;

and

to facilitate the balanced development and maintenance, in the public interest, of an economically viable and socially responsible gambling industry in the State recognising the positive and negative impacts of gambling on communities; and

to ensure that gambling is conducted honestly and free from interference, criminal influence and exploitation; and

to ensure, as far as practicable, that the conduct of gambling is consistent with the expectations and aspirations of the public.

A person exercising functions and powers under a gambling Act must have regard to the objects set out in subsection (2).

The Commissioner must, in considering whether a matter is or is not in the public interest for the purposes of a gambling Act, have regard to the need for gambling harm minimisation.

If a provision of a gambling Act specifies that the gambling Act and this Act are to be read together as a single Act, the provisions of this

Act prevail over an inconsistent provision in that gambling Act, unless the inconsistent provision is expressed to apply despite the provisions (or a specified provision) of this Act.

In this Act, unless the contrary intention appears—

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);

Court means the Licensing Court of South

Australia;

criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;

gambling Act means each of the following:

this Act;

the Authorised Betting

Operations Act 2000;

the Casino

Act 1997;

the Gaming Machines

Act 1992;

the Lotteries Act

2019;

any other Act prescribed by regulation;

gambling administration guidelines—see

Part 2Division 4;

Gambling Advisory Council—see

Part 8;

gambling provider means each of the following:

the holder of a licence under the Authorised Betting Operations

Act 2000;

an authorised interstate betting operator under the

Authorised Betting Operations

Act 2000;

the holder of the casino licence under the

Casino

Act 1997;

the holder of a licence under the Gaming Machines Act 1992;

the holder of a licence, or a person conducting a lottery under the

Lotteries

Act 2019;

inspector—see

Part 4;

proceedings means—

disciplinary proceedings; or

proceedings on an application, inquiry, review, reconsideration (under section 48) or appeal, whether by way of a hearing or by determination of the matter by the Commissioner by some other means;

relevant Minister means—

the Treasurer; and

each Minister responsible for the administration of a gambling Act;

and

any Minister with responsibility for the racing industry in the

State;

any Minister responsible for the administration of an Act or a provision of an Act regulating a gambling activity in the State;

welfare agency means an administrative unit of the Public Service responsible for performing functions in relation to the administration of the Gamblers Rehabilitation Fund (established under section 73BA of the Gaming Machines

Act 1992).

The Commissioner has the following functions:

to develop and promote strategies for reducing the incidence of problem gambling and for preventing or minimising the harm caused by gambling;

to undertake, assist in or coordinate ongoing research into matters relevant to gambling and the Commissioner's functions relating to gambling, including research into—

the social and economic costs and benefits to the community of gambling and the gambling industry; and

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

strategies for reducing the incidence of problem gambling and preventing or minimising the harm caused by gambling; and

any other matter directed by the Minister;

to provide a proactive whole‑of‑industry and client‑centric responsive approach to the promotion of responsible gambling practices and the prevention or minimisation of harm caused by gambling;

to ensure that an effective and efficient system of supervision is established and maintained over operations undertaken under a gambling

Act;

to conduct consumer and gambling provider education campaigns and publish advertisements directed at reducing the incidence of problem gambling and for preventing or minimising the harm caused by gambling;

to encourage the gambling industry and related professional associations to disseminate to their members, and enforce compliance with, responsible gambling and advertising codes of practice;

to publish reports and disseminate statistical information on matters relating to operations undertaken under a gambling Act;

to consider representations from, and give consideration to matters identified by, the Gambling Advisory Council or the welfare agency relating to the incidence of problem gambling or measures for preventing or minimising the harm caused by gambling;

to advise, and make recommendations to, a relevant Minister on matters relating to operations undertaken under a gambling Act or on any aspect of the operation, administration or enforcement of a gambling

Act;

to perform other functions assigned to the Commissioner under a gambling Act or by the Minister.

The Commissioner may conduct an inquiry whenever the Commissioner considers it necessary or desirable to do so for the purpose of carrying out the Commissioner's functions.

The Commissioner must, if requested to do so by the Minister, conduct an inquiry into any matter relating to—

operations undertaken by a gambling provider; or

the operation, administration or enforcement of a gambling

Act.

On completing an inquiry under this section, the Commissioner must submit to the Minister a report of the inquiry and the findings of the

Commissioner on the inquiry, and any such report may include recommendations for action to be taken.

Unless the Commissioner recommends that the report should remain confidential, the Minister must, within 6 sitting days of receiving a report under subsection (3), cause a copy of the report to be laid before each House of Parliament.

It is a condition of each licence, authorisation or exemption held under a gambling Act that the holder of the licence, authorisation or exemption must, on the written request of the Commissioner, provide information—

that the Commissioner requires for the administration or enforcement of a gambling Act; or

that is related to the financial affairs of the business undertaken under the relevant licence, authorisation or exemption; or

that is related to the operations undertaken under the relevant licence, authorisation or exemption, including any information relating to the financial accounts in relation to the operations undertaken under the relevant licence, authorisation or exemption.

Information required to be provided under this section must be provided within the time specified in the request. Maximum penalty: Maximum penalty:

in the case of the holder of the casino licence—$250

000;

in any other case—$10 000.

The Commissioner may—

grant an application under a gambling Act on an interim basis;

and

specify that a condition of a licence, an approval, authorisation or exemption is to be effective for a specified period, and, in consequence, may give any necessary procedural directions in the matter.

If the Commissioner considers that an applicant should satisfy the

Commissioner as to a certain matter for the purposes of determining the application, the Commissioner may, if the Commissioner thinks fit, nevertheless grant the application on the condition that the applicant satisfies the

Commissioner as to the matter within a period determined by the

Commissioner.

If a licence, an approval, authorisation or exemption is granted on a condition under subsection (2), the Commissioner may, on failure by the applicant to comply with the condition, revoke the licence, approval, authorisation or exemption, or suspend the licence, approval, authorisation or exemption until further order.

The Commissioner may in proceedings accept an undertaking from a party in relation to the conduct of the proceedings and, on failure by the party to fulfil the undertaking, refuse to hear the party further in the proceedings subject to any further order of the Commissioner.

The Commissioner may, from time to time by notice to a gambling provider, give directions in relation to any aspect of the operations conducted by the gambling provider including matters relating to the management, supervision and control of the relevant operations.

Before the Commissioner gives directions under this section, the

Commissioner must, unless the Commissioner considers it necessary not to do so in the circumstances—

give notice to the relevant gambling provider of the proposed directions; and

consider any representations made by the relevant gambling provider or a body representative of a gambling provider about the proposed directions within 14 days after the notice is given or a longer period allowed in the notice.

A gambling provider must diligently observe and carry out a direction given under this section. Maximum penalty: Maximum penalty:

in the case of the holder of a major betting operations licence, or an authorised interstate betting operator under the

Authorised Betting Operations

Act 2000—$100 000;

in the case of the holder of the casino licence—$500

000;

in the case of the holder of the gaming machine monitor licence under the Gaming Machines

Act 1992—$50 000;

in any other case—$35 000.

In proceedings under a gambling Act, the Commissioner—

must act without undue formality; and

is not bound by the rules of evidence, but may seek to be informed on any question that arises for decision in such manner as the Commissioner thinks fit.

The Commissioner may exercise the following powers:

by summons, require any person to attend before the Commissioner at a time and place specified in the summons;

by summons, require the production of any equipment or other item, or any documents;

inspect any equipment or other item, or any documents produced before the Commissioner and retain them for such reasonable period as the

Commissioner thinks fit, and, in the case of documents, make copies of any of them, or of any of their contents;

require any person to make oath or affirmation verifying that the person will truly answer all questions put to them by the Commissioner relating to any matter that is before the Commissioner;

require any person appearing before the Commissioner to answer any relevant questions put to them by the Commissioner or by any person appearing before the Commissioner.

If a person—

who has been served with a summons to appear before the

Commissioner, fails without reasonable excuse (proof of which lies on the person) to attend in obedience to the summons; or

who has been served with a summons to produce equipment or any other items or documents, fails without reasonable excuse (proof of which lies upon the person) to comply with the summons; or

misbehaves before the Commissioner, wilfully insults the

Commissioner or interrupts the proceedings of the Commissioner;

or

refuses to be sworn or to affirm or to answer any relevant question when required to do so by the Commissioner, the person is guilty of an offence. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 6 months.

The Commissioner may by order, if requested to do so by a person who has been required to answer a question by the Commissioner or who has produced documents to the Commissioner, prohibit the publication by any means of—

the name of the person; or

any answer given by them in proceedings before the Commissioner;

or

the contents of any document produced by them to the

Commissioner.

A person who contravenes an order under subsection (3) is guilty of an offence. Maximum penalty: Maximum penalty: $10 000.

The Commissioner may conduct proceedings at any time and in any place (including a place outside this State) and may adjourn any proceedings from time to time and from place to place.

In the course of any proceedings, the Commissioner may—

receive in evidence any transcript of evidence in proceedings before a court or tribunal and draw any conclusions of fact from the transcript that the Commissioner thinks proper; or

adopt, as the Commissioner thinks fit, any findings, decision or judgment of a court or tribunal that may be relevant to the matter before the

Commissioner.

The Commissioner may—

conduct any proceedings by telephone or other electronic means;

and

allow a person to participate in any proceedings by telephone or other electronic means.

A person appearing before the Commissioner may appear—

personally; or

by counsel; or

if a body corporate—by an officer or employee of the body corporate who has obtained leave of the Commissioner to appear on behalf of the body corporate; or

if the party is a member of a genuine association formed to promote or protect the interests of a section of the liquor industry, the gambling industry or of employees in those industries—by an officer or employee of that association; or

with the permission of the Commissioner—by any other person.

The Commissioner of Police may be represented before the

Commissioner by a police officer or by counsel.

The welfare agency may be represented before the Commissioner by a member of the welfare agency or by counsel.