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Gaming Machine Act 1991
sec.228Gaming equipment not to be an annoyance etc.
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### sec.228 Gaming equipment not to be an annoyance etc.
A licensee must not locate, or allow to be located, gaming equipment on the licensee’s licensed premises in such a way as to be an annoyance due to the location of the gaming equipment, the noise generated by the operation of the equipment or for any other reason.
Maximum penalty—40 penalty units.
A licensed dealer or licensee must not allow any gaming equipment to convey or exhibit—
any false, misleading, rude or offensive message; or
excessive or unnecessary advertising by—
any words, whether written or spoken; or
a pictorial representation or design; or
any other way.
Maximum penalty—40 penalty units.
Where, in the opinion of an inspector, a contravention of this section is being or has been committed, the commissioner may, instead of instituting or authorising the institution of proceedings for an offence against subsection (1) or (2) , by written notice, direct the licensed dealer, licensee or person—
to do or cease doing anything that constitutes the contravention; or
not to again do or omit to do anything that constituted the contravention.
A licensed dealer, licensee or person who fails to comply with a direction given under subsection (3) commits an offence against this Act.
Maximum penalty for subsection (4) —200 penalty units.
s 228 amd 1992 No. 35 sch; 1997 No. 24 s 61 sch ; 1999 No. 77 s 83 ; 2012 No. 25 s 109 (1)
(sec.228-ssec.1) A licensee must not locate, or allow to be located, gaming equipment on the licensee’s licensed premises in such a way as to be an annoyance due to the location of the gaming equipment, the noise generated by the operation of the equipment or for any other reason. Maximum penalty—40 penalty units.
(sec.228-ssec.2) A licensed dealer or licensee must not allow any gaming equipment to convey or exhibit— any false, misleading, rude or offensive message; or excessive or unnecessary advertising by— any words, whether written or spoken; or a pictorial representation or design; or any other way. Maximum penalty—40 penalty units.
(sec.228-ssec.3) Where, in the opinion of an inspector, a contravention of this section is being or has been committed, the commissioner may, instead of instituting or authorising the institution of proceedings for an offence against subsection (1) or (2) , by written notice, direct the licensed dealer, licensee or person— to do or cease doing anything that constitutes the contravention; or not to again do or omit to do anything that constituted the contravention.
(sec.228-ssec.4) A licensed dealer, licensee or person who fails to comply with a direction given under subsection (3) commits an offence against this Act. Maximum penalty for subsection (4) —200 penalty units.
- (a) any false, misleading, rude or offensive message; or
- (b) excessive or unnecessary advertising by— (i) any words, whether written or spoken; or (ii) a pictorial representation or design; or (iii) any other way.
- (i) any words, whether written or spoken; or
- (ii) a pictorial representation or design; or
- (iii) any other way.
- (i) any words, whether written or spoken; or
- (ii) a pictorial representation or design; or
- (iii) any other way.
- (a) to do or cease doing anything that constitutes the contravention; or
- (b) not to again do or omit to do anything that constituted the contravention.