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 under 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 (Commissioner of Police’s power to bar) of the Casino Act 1997 (SA).

Pursuant to s 44(3) of the Casino Act 1997 (SA), a licensee of a casino or gaming venue may bar patrons if the licensee suspects on reasonable grounds that a person has:

Casino Barring Orders differ to Gambling Barring Orders made pursuant to the Gambling Administration Act 2019 (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.

A Casino Barring Order may be made for a specified period or an unlimited period [Casino Act 1997 (SA) ss 44, 45, 45A].

It is an offence for a barred person to enter or remain in gaming areas contrary to an order. Maximum penalty: $7,500.

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].

Facial Recognition System

The Liquor and Gambling Commissioner may approve the use of a facial recognition system by certain licensed gaming venues. The facial recognition system may record the facial image of a person who is about to enter a gaming area or venue (Gaming Machines Act 2019 (SA) s 40D, Casino Act 1997 (SA) s 40D) for the purpose of identifying barred persons from gaming areas or casino venues. The Commissioner must not approve use of a facial recognition system unless it complies with the regulations and gambling administration guidelines, including that:

Licensees will only be allowed to operate facial recognition systems that have been evaluated and approved by the Commissioner.

See Gaming Machines Regulations 2020 [reg 28] and Casino Regulations 2013 [reg 7].

Gambling Barring Orders

There are 2 types of Gambling Barring Orders that can be made under the Gambling Administration Act 2019 (SA):

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 5 and s 43 for definition of gambling provider].

A gambling barring order limits a person from:

See Gambling Administration Act 2019 (SA) section 43.

Gambling barring orders made by a gambling provider can relate to the specific premises of, or business of, one gambling provider or the premises of several gambling providers [see s 44(4)].

The duration of a gambling barring order (made by CBS or a gambling provider) is for a period specified in the order or for an unlimited period [s 44(4)(c)].

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 12 months [s 44(6)(a)]. A voluntary gambling barring order made by a gambling provider may specify a minimum period of duration of the order, being not greater than 3 months [s 44(6)(b)]. Any variation or revocation of a voluntary gambling barring order cannot limit the application of this prescribed minimum [s 45(1)]. A gambling barring order can otherwise be varied or revoked by CBS at any time [s 45(1)].

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 46(2); Gambling Administration Regulations 2020 (SA) reg 7]. The barring order is of no effect until the written notice has been provided to the barred person [Gambling and Administration Act 2019 (SA) s 46(3)], and a copy must also be provided to the owner/occupier of each place to which the order relates [s 46(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 47(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 47(2)]. Maximum penalty: $10,000.

An authorised person (a police officer, an agent or employee of a gambling provider, or others prescribed by section 43) 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 49(1)]. 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 49(3); Gambling Administration Regulations 2020 (SA) reg 8]. It is an offence for an authorised person to fail to comply with such procedures. Maximum penalty: $2,500.

Voluntary Barring Orders

A person can voluntarily ask a gambling provider (venue) or Consumer and Business Services (CBS) to bar them from entering a gambling venue [ss 44(2) and (1)]. This includes being barred from hotels and clubs from gaming machines, and casinos. The person can also request that they be barred from specific gambling activities, such as betting on racing, sport, commercial lotteries and instant scratch tickets. A person barred under a voluntary barring order can apply for the voluntary barring order to be revoked after the minimum amount of time written in the order has passed. This minimum period is 12 months for a barring order made by CBS. In any other case the minimum period is 3 months. For more information about voluntary barring visit Consumer and Business Services website.

Voluntary Pre-Commitment System

Under the Gaming Machines Regulations 2020 (Schedule 3), a person can voluntarily sign up to a pre-commitment system to set a budget and receive alerts when the budget is exceeded to monitor their gambling spending. The system also allows the person to set a limit on the amount or time they wish to spend gambling before a gambling session commences. The pre-commitment system applies to electronic gambling machines (poker machines) and online gambling platforms. Consumers can register with the pre-commitment system by:

The pre-commitment system is voluntary, and the gaming license holder must obtain the persons consent to the terms and conditions of the pre-commitment system before the person registers.

The terms and conditions of the pre-commitment system must include:

For more information, visit the Consumer and Business Services website, or the Gambling Harm Support SA website.

For immediate support available 24 hours a day, 7 days a week, call the Gambling Helpline on 1800 858 858 or visit gamblinghelponline.org.au.