Aside from barring orders issued under the Liquor Licensing Act 1997 (SA) (see Barring Orders under the Liquor Licensing Act), barring orders can also be made pursuant to the Casino Act 1997 (SA) and the Gambling Administration Act 1995 (SA).
Casino Barring Orders
A general power to bar patrons from gaming areas exists under sections 44 (Licensee’s power to bar), 45 (Liquor and Gambling Commissioner’s power to bar) and 45A (the Commissioner of Police’s power to bar) of the Casino Act 1997 (SA).
Casino Barring Orders differ to Gambling Barring Orders made pursuant to the Gambling Administration Act 1995 (SA), which are either made voluntarily or relate to problem gambling where there is a risk of harm to the person or their family - see Gambling Barring Orders below.
Casino Barring Orders made by the Commissioner of Police are generally made on the basis of criminal intelligence.
The following time limits apply to an order that is issued:
- by a licensee – up to 3 months;
- by the Liquor and Gambling Commissioner – for a specified or an unlimited period;
- by the Commissioner of Police – for a specified or an unlimited period.
It is an offence for a barred person to enter or remain in gaming areas contrary to an order.
Maximum penalty: $2 500
See Casino Act 1997 (SA) ss 44, 45 and 45A.
Where a person is intoxicated or behaving in an abusive, offensive or disorderly manner an agent or employee of the licensee, or a police officer, may exercise reasonable force to prevent them from entering the casino (or to remove them) [s 46].
Gambling Barring Orders
There are two types of Gambling Barring Orders that can be made under the Gambling Administration Act 1995 (SA):
- a gambling barring order made at the request of the person (a voluntary gambling barring order) [s 15C(1)(a)];
- a gambling barring order made where there is a reasonable apprehension that the person will suffer harm, or may cause serious harm to their family, due to their problem gambling (a non-voluntary gambling barring order) [s 15C(1)(b)].
These orders can be made by either Consumer and Business Services (CBS), under the authority of the Liquor and Gambling Commissioner, or by certain gambling providers [see s 15B for definition of gambling provider].
A gambling barring order limits a person from:
- taking part in specified gambling activities;
- entering or remaining in whole or part of a specified premises or class of specified premises where gambling is undertaken;
- entering a prescribed place or taking part in a prescribed activity of a prescribed class.
See Gambling Administration Act 1995 (SA) section 15B.
Gambling barring orders made by a gambling provider can only relate to the specific premises of, or business of, the gambling provider [see ss 15C(3)].
The duration of a gambling barring order is:
- for an order made by CBS- a period of up to 3 years [s 15C(6)(b)(i)
- for an order made by a gambling provider – a period of up to 3 months [s 15C(6)(b)(ii)].
The order will specify its duration. A voluntary gambling barring order made by CBS may specify a minimum period of duration of the order, being not greater than 6 months [s 15C(7)]. Any variation or revocation of a voluntary gambling barring order cannot limit the application of this prescribed minimum [s 15D(1)]. A gambling barring order can otherwise be varied or revoked by CBS at any time [s 15D].
Gambling barring orders (and any order varying or revoking them) must be in writing and contain certain particulars, including the date on which the order is made and its duration [see s 15E; Gambling Administration Regulations 2013 (SA) reg 4]. The barring order is of no effect until the written notice has been provided to the barred person [Gambling and Administration Act 1995 (SA) s 15E(3)], and a copy must also be provided to the owner/occupier of each place to which the order relates [s 15E(4)]. CBS has provided an undertaking that a person can apply for, and receive, a voluntary gambling order in the same day if required.
It is an offence to contravene or fail to comply with a barring order [s 15F(1)].
Maximum penalty: $2 500
It is also an offence for a gambling provider, or another person prescribed by regulations, to permit a contravention of a barring order [s 15F(2)].
Maximum penalty: $10 000.
An authorised person (a police officer, an agent or employee of a gambling provider, or others prescribed by section 15B) can require a barred person to leave a premises (or prevent them from entering a premises) if they reasonably suspect that the person is acting contrary to a barring order [s 15I]. An authorised person must follow specific procedures in removing the barred person from the premises, or in preventing them from entering the premises [see s 15I; Gambling Administration Regulations 2013 (SA) reg 5]. It is an offence for an authorised person to fail to comply with such procedures.
Maximum penalty: $2 500.
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