2.
5 For the reasons which follow, the appeal is to be dismissed and the crossappeal is to be allowed. The answers to the referred questions of law in the judgment of the Court of Appeal are to be varied accordingly.
The Casino Act
6 The Casino Act has as its express object "to provide for the licensing, supervision and control of the Adelaide Casino and, in particular, to ensure", amongst other things, "that the Adelaide Casino is properly managed and operated" and "that the interest of the State in the taxation of gambling revenue arising from the operation of the Adelaide Casino is properly protected".[1] The "Adelaide Casino" is referred to in the operative provisions of the Casino Act simply as "the casino". The expression "gambling revenue" is not defined but "gambling" is defined to mean "the playing of a game for monetary or other stakes" and to include "making or accepting a wager".[2]
7 Central to the scheme of the Casino Act is the grant by the Governor of an exclusive casino licence the effect of which is to entitle the licensee to operate the casino for the fixed term of the licence at designated premises in accordance with the conditions of the licence. The entitlement of the licensee so to operate the casino is expressed to be "[d]espite any other law of the State" but "subject to" the Casino Act, which is to be read with and taken to include the Gambling Administration Act 2019 (SA) ("the Gambling Administration Act").[3]
8 Conditions imposed on the casino licence by the Casino Act include that specified systems and procedures, including "systems and procedures for conducting authorised games" and "systems and procedures for handling, dealing with and accounting for money and gambling chips", must be approved by the Liquor and Gambling Commissioner ("the Commissioner") appointed under the Liquor Licensing Act 1997 (SA) and that the licensee must ensure that its operations under the licence conform with the approved systems and procedures.[4]
