Lottery and Gaming (Poker) Variation Regulations 2015

On 17 December 2015 the Governor made the Lottery and Gaming (Poker) Variation Regulations 2015 that set out the forms of poker that can be played in a public place. The Variation Regulations commence on 1 January 2016.

The draft Lottery and Gaming (Poker) Variation Regulations were the subject of public consultation on the yourSAy website. The final regulations address many of the suggestions provided as part of the public consultation.

Lottery and Gaming Variation Regulations 2013

On 12 September 2013, the Governor made the Lottery and Gaming Variation Regulations 2013 that declares an amusement machine with the characteristics of a gaming machine to be an instrument of unlawful gaming. The characteristics of a gaming machine are defined in the regulation.

The Lottery and Gaming Variation Regulations 2013 came into operation on 1 January 2014.

Two rounds of public consultation informed the development of the regulation.

In South Australia, electronic gaming machines are only permitted in licensed premises, in gaming areas that are not available to minors. However, community concerns have been raised about some arcade games that are available to minors yet may be considered to be similar to gaming machines. Section 59A of the Lottery and Gaming Act 1936 provides the Governor with the power to declare any machine, article or thing to be an instrument of unlawful gaming.

The main objective of a declaration of an instrument of unlawful gaming is the protection of minors from being exposed to ‘soft’ gambling. A secondary objective is clearer guidance to industry on what is prohibited.

The outcome of the consultation was to have a clearer definition of games that should be prohibited. It is not the intention to prohibit all forms of arcade and other games, only those which could be considered ‘soft’ gambling and are therefore inappropriate for minors.

Submissions for the first public consultation on aspects of unlawful instruments of gaming and the impacts on industry, the community and problem gambling closed on Friday 13 May 2011.

Submissions for the second round of public consultation, including the draft regulation closed on Friday 8 March 2013.

The final policy paper and the submissions to the first round of public consultation are provided.

Submission to the second round of public consultation is attached.

View the variation regulation on the South Australian Legislation website

Submissions to the Final Policy Paper

Submissions to the first round of public consultation

Policy Paper

Instruments of Unlawful Gaming Final Policy Paper

Regulation of bookmakers

The policy paper about the regulation of bookmakers outlines the Government’s position on proposed changes to the Authorised Betting Operations Act 2000 first raised by the South Australian Bookmaker’s League in mid 2007.

Gambling Reform legislation

Statutes Amendment (Gambling Reform) Act 2013

The Statutes Amendment (Gambling Reform) Bill 2013 was passed, with amendments, by both Houses of Parliament on 27 July 2013.

It received Royal Assent on 8 August 2013.

The Statutes Amendment (Gambling Reform) Act 2013 (No. 37 of 2013) is available on the South Australian Legislation website.

Statutes Amendment (Gambling Reform) Bill 2013

The Minister for Business Services and Consumers, Hon John Rau MP, introduced the Statutes Amendment (Gambling Reform) Bill 2013 in Parliament on 1 May 2013.

The Bill aims to create better gaming regulation for hotel and club gaming venues and the Adelaide Casino, with greater support for staff and customers.

On Thursday, 29 August 2013 the Statutes Amendment (Gambling Reform) Act (Commencement) Proclamation 2013 was published in the South Australian Government Gazette.

View the proclamation in the South Australian Government Gazette