Apply for a gaming machine dealer's licence
A gaming machine dealer’s licence allows you to:
- manufacture games, gaming machines and prescribed gaming machine components
- sell or supply approved games, gaming machines and prescribed gaming machine components to the holder of a gaming machine licence, a gaming machine service licence, the casino licensee or another gaming machine dealer’s licence.
What you'll need
You'll need to:
- complete the application form and pay the required fee
- pay a $10,000 indemnity bond
- the bond is required to cover the costs incurred by Consumer and Business Services (CBS) and/or the Commissioner of Police in carrying out investigations.
- any unused amount of the bond will be refunded once the application has been determined. If the costs are likely to exceed $10,000 then the commissioner may require a further bond to be paid
- determine whether you're applying as an individual, partnership, company, trustee of a trust, public company or subsidiary company and provide the following documents where applicable:
- a copy of the partnership agreement
- a copy of the relevant trust deed
- an ASIC extract for a company
- in the case of a corporate entity a flow chart and written summary explaining the corporate structure of the entity particularly in relation to parent or holding companies, subsidiaries and any other associated companies.
- in the case of a public company, the name and address of each of the 20 largest shareholders and the class, number and percentage of shares held
- in the case of a subsidiary company, details of each director of a holding or parent company
- determine who holds a position of authority within your corporate structure or trust
- ensure that a personal identification declaration (PID) is completed for each person who will assume a position of authority:
- each person lodging a PID will be contacted by SA Police to have their fingerprints taken. Alternative arrangements can be made for people who live in remote or isolated areas, interstate or overseas.
Identify positions of authority
It is your responsibility to ensure that all persons who occupy a position of authority within your corporate structure or trust be approved by the commissioner. This includes:
- a sole-trader or persons in a partnership
- directors and shareholders, including where a shareholder is a body corporate
- trustees and beneficiaries of the trust associated with the licensed entity
- committee members in the case of an incorporated association
- any person in the corporate structure which exercises influence or control over the business.
All persons receiving profits or proceeds from the business must also complete a PID and be approved.
Minors who are shareholders in a proprietary company, or who are beneficiaries under a trust do not need approval.
Application for a gaming machine dealers licence
Application for approval of a person to assume a position of authority in body corporate—
(a) if a person has already been approved in a position of authority under another current gaming machine licence in South Australia
(b) if a person has been approved as a responsible person or in a position of authority under a current liquor licence in South Australia
(c) in any other case
What happens next
A CBS case manager will contact you to confirm we have received your application.
Your case manager will let you know whether you need to:
- publish a notice of your application in certain newspapers (Form 1 will be provided)
- publish a notice of your application in the government gazette
- notify your local council.
The advertising of applications is a mandatory requirement to allow members of the public to raise any objections to your application.
As notice of your application is made public:
- a person may object if they have a reason to do so
- the police may also intervene on your application if there are any concerns
If someone objects to your application:
- you will be provided with the details of the objection
- you and the objectors will be invited to take part in a conciliation conference with the commissioner or a delegate.
If there are no objections to your application you'll be advised of the date that your application will be determined by the commissioner or delegate.
The conciliation conference is not a formal process, there is no need to be represented by a lawyer, but you may choose to do so if you think it is necessary.
At the conciliation conference:
- the delegate will ask you to explain the details of your application
- the objectors will explain what their concerns are
- the delegate will help the parties reach an agreement
- the delegate can explain what the law means and clarify any misunderstandings the parties may have but cannot provide you with legal advice
- if the objectors and you fail to come to an agreement the delegate cannot make a decision and will refer the matter to a hearing.
The commissioner may determine whether to conduct the hearing or refer the matter to be heard by the Licensing Court.
At a hearing before the commissioner:
- you will be able to explain the details of your application
- the objectors can explain their concerns
- the commissioner will make a decision on the application.
If your matter goes before the licensing court, more information will be provided by the court.
Your case manager will keep you updated on the progress of your application.