Change a corporate structure
Any time you change a person who is in a position of authority in your corporate structure or trust, they must be approved by the Liquor and Gambling Commissioner. It's an offence to be in a position of authority without the approval.
Positions of authority
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.
Any additional 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.
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:
(a) if a person has already been approved under section 38 of Gaming Machines Act 1992
(b) in any other case
How to apply
1. Print, complete and sign the application form and attach your supporting evidence
Attach a completed personal information declaration (PID) form (PDF 681KB)
If a person has already been approved in a position of authority under another current liquor licence in South Australia, they still need to be listed on the application but only a PID is required if their circumstances haven't changed since their last approval.
You don't need to notify the commissioner if an approved person in a position of authority changes position within the same corporate structure - eg CEO to director, beneficiary to shareholder.
2. Submit the application
Email the scanned forms to firstname.lastname@example.org
Post your application to:
GPO Box 2169
Adelaide SA 5001
Take your application to:
CBS Customer Service Centre
91 Grenfell Street
Adelaide SA 5000
What happens next
The PID’S of all persons seeking approval, are sent to the police.
CBS will provide the police with a copy of your application and PID. If there is no information of concern returned from the police and the Liquor and Gambling Commissioner is satisfied that you are a fit and proper person, your application will be approved
If the commissioner has concerns or the police provide CBS with any information of concern, you will be contacted and may be asked to:
- provide written submissions addressing why your approval should be made ongoing
- attend a scheduled hearing.
A decision will then be made on your application.