Change a corporate structure
Any time you change a person who is in a position of authority within your corporate structure or trust, they must be approved by the Liquor and Gambling Commissioner.
Positions of authority include:
- 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
- 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 be approved.
Minors who are shareholders in a proprietary company, or who are beneficiaries under a trust don't need approval.
If a person has already been approved in a position of authority under another current gaming licence in South Australia, they will only need to reapply if their circumstances have changed since their last approval.
The commissioner doesn't need to be notified if an approved person in a position of authority changes position within the same corporate structure - eg CEO to director, beneficiary to shareholder.
In the case of a company you may also need to advise the Australian Securities and Investment Commission (ASIC) of any changes.
Application for approval of a person to assume a position of authority in a body corporate:
- if a person has already been approved in a position of authority under another current gaming machine licence in South Australia
- if a person has been approved as a responsible person or in a position of authority under a current liquor licence in South Australia
- in any other case
How to apply
What happens next
The applications of all persons seeking approval, are sent to South Australia Police (SAPOL).
Everyone submitting an approval application will be contacted by SAPOL to have their fingerprints taken (alternative arrangements can be made for people who live in remote or isolated areas, interstate or overseas).
If there is no information of concern returned from the police, and the commissioner has determined that the person is fit and proper, they will be approved.
In circumstances where the commissioner is not satisfied the person is fit and proper or the police provide CBS with information of concern or intervene on the application, the person will be notified by our office and may be asked to do one or both of these:
- provide written submissions addressing why they believe they should be approved to assume a position of authority
- attend a scheduled hearing.
A decision will then be made on the application.