Page:SkyCity Adelaide Pty Ltd v Treasurer of South Australia (2024, HCA).pdf/9

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3.

An "authorised game" is "a game of chance, or a game combined of chance and skill, authorised or approved under [the Casino Act] or the conditions of the casino licence".[1]

9 Conditions imposed on the casino licence by the Casino Act also include that the licensee must not permit the installation or use of equipment for gambling unless it is approved by the Commissioner and that the licensee must comply with any instructions of the Commissioner about the use of any such equipment.[2] The Commissioner is empowered under the Casino Act to approve, amongst other things, "particular automated table game equipment" and "particular gaming machines" (as defined in the Gaming Machines Act 1992 (SA)),[3] as well as "account based cashless gaming systems" to be operated in connection with approved automated table game equipment or approved gaming machines.[4] A "cashless gaming system" encompasses "a system that enables the storage of monetary value for use in operating a gaming machine".[5]

10 As well as mandating the existence of the CDA, the Casino Act mandates the existence of an Approved Licensing Agreement ("ALA"). The ALA is an agreement between the licensee and the Minister administering the Casino Act about the operation of the casino, the term of the licence, the conditions of the licence, and the performance of the licensee's responsibilities under the licence or the Casino Act.[6]

11 The ALA in its original form was entered into between SkyCity and the Treasurer contemporaneously with the CDA on 27 October 1999. It was most recently varied on 20 October 2020 to take the form of an agreement between SkyCity and the Attorney-General of South Australia. The ALA as varied confirms the agreement of its original parties that the casino licence and the ALA itself are to operate for a term commencing on the date of the grant of the casino licence by


  1. Section 3(1) of the Casino Act.
  2. Section 40(1)(a) and (2) of the Casino Act.
  3. Section 40A(1) and the definition of "gaming machine" in s 3(1) of the Casino Act.
  4. Section 40B(1)(a) of the Casino Act.
  5. Section 3(1) of the Casino Act.
  6. Section 16(1) of the Casino Act.