Codes of practice
15 Codes of practice
The Commissioner may, by notice in the Gazette, prescribe—
advertising codes of practice; and
responsible gambling codes of practice.
Without limiting the generality of subsection (1)(a), an advertising code of practice may—
make provision by which a gambling provider can ensure that gambling related advertising is—
consistent with community expectations that gambling operations will be conducted responsibly and in a manner that minimises the harm caused by gambling; and
socially responsible; and
compliant with State and Commonwealth laws; and
complies with any relevant gambling industry codes of practice;
and
make provision relating to the form, content and use of gambling related advertising, which may include requirements, limitations or prohibitions in relation to the following:
the use of the name of a gambling provider;
the use of specified expressions or words;
the value or nature of a prize to be won;
advertising in relation to loyalty programs;
the appropriate use and depiction of mandatory warning messages;
advertising on radio, television, print media, signs and billboards;
advertising and promoting betting on contingencies;
and
include matters incorporating Commonwealth or intergovernmental agreements; and
include other matters designed to reduce the harm caused by gambling.
Without limiting the generality of subsection (1)(b), a responsible gambling code of practice may—
require a gambling provider to provide information to patrons regarding responsible gambling, the availability of services to address problems associated with gambling (including barring orders) and any other matter under a gambling Act, whether by—
signs and warning notices; or
the use of audio, visual, or electronic means, in a manner, and in accordance with any requirements, specified in the code; and
make provision relating to—
the use of specified words or expressions in connection with gambling on gaming machines or automated table game equipment and the manner and form in which such words or expressions are to be used; and
requirements for the words or expressions to be displayed on the gaming machine screen or automated table game equipment screen, on a screen that is visible to a person operating the machine or equipment or in some other specified manner; and
make provision relating to the making of barring orders under
Part 6; and
require a gambling provider to have a program for intervention in problem gambling designed to promote—
identification of persons engaging in problem gambling, including through observation of the conduct, patterns of behaviour and statements of gamblers; and
the provision of information relating to responsible gambling and the availability of services to address problems associated with gambling to persons so identified; and
the use of barring orders under
Part 6 in relation to persons so identified; and
the referral of persons so identified to the Department within the meaning of the Problem Gambling Family
Protection Orders Act 2004; and
make provision (including limitations and prohibitions) relating to the provision and operation of customer loyalty programs; and
require the keeping and management of accounts and records of patrons' gambling activities, and the provision of such accounts and records to the Commissioner in a manner specified in the applicable code; and
requirements for systems and procedures designed to prevent gambling by minors; and
require a gambling provider to comply with specified requirements in relation to staff training including (without limitation)—
requiring staff, or specified classes of staff, to complete the whole or any part of the training courses in accordance with the gambling administration guidelines; and
specifying procedures for obtaining exemptions from the requirements referred to in subparagraph (i) in relation to particular staff, or a specified class of staff (and any such exemptions may be granted by the
Commissioner subject to conditions the Commissioner thinks fit);
and
include matters incorporating Commonwealth law or intergovernmental agreements; and
include other matters designed to reduce the harm caused by gambling.
The Commissioner may include provisions in a code of practice that—
designate a provision of the code as a mandatory provision for the purposes of a specified provision of a gambling Act; and
declare whether contravention or failure to comply with the mandatory provision is a category A, B, C or D offence for the purposes of that specified provision; and
if the offence is to be expiable—declare whether the offence is a category A, B, C or D expiable offence for the purposes of that specified provision.
The provisions of a code of practice prescribed under this section may be of general, limited or varied application according to—
the classes of gambling provider, person, equipment or operations;
or
the circumstances; or
any other specified factor, to which the provision is expressed to apply.
The Commissioner may, by subsequent notice in the Gazette, vary or revoke a code of practice or a provision of a code of practice under this section.
Before the Commissioner publishes a notice in the Gazette under this section, the Commissioner must—
give notice in a manner determined by the Commissioner of the proposed notice to any relevant gambling provider, any relevant body representative of a gambling provider and the Commissioner of Police;
and
consider any representations made under paragraph (a) about the proposed notice within
28 days after the notice is given or a longer period allowed in the notice.
The Commissioner may, at any time, undertake a review of the codes of practice prescribed under this section.
The Commissioner must, when conducting a review, seek and consider written submissions from the Commissioner of Police, relevant gambling providers, relevant bodies representative of gambling providers and from the public.
The Commissioner must cause any codes of practice prescribed under this section to be published on a website maintained by the
Commissioner.
In this section— gambling provider includes the Lotteries
Commission of South Australia constituted under the
State Lotteries
Act 1966.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.