QLDIn ForceAct
Gaming Machine Act 1991
sec.265Manufacture, sale, supply, obtaining or possession of gaming machines
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### sec.265 Manufacture, sale, supply, obtaining or possession of gaming machines
A person must not manufacture, sell, supply, obtain or be in possession of—
a gaming machine; or
linked jackpot equipment; or
a device capable of being represented as being a gaming machine or linked jackpot equipment;
except under and in accordance with the authority of a licence or any other authorisation under this Act.
Maximum penalty—1,000 penalty units or 5 years imprisonment.
A person must not manufacture, sell, supply, obtain or be in possession of a restricted component except under and in accordance with the authority of a licence or any other authorisation under this Act.
Maximum penalty—400 penalty units or 2 years imprisonment.
It is a defence to a prosecution for an offence against subsection (2) , for the defendant to prove that—
the manufacturing, selling, supplying, obtaining or possession of a restricted component was not related to the manufacture, assembly, installation, alteration, operation, use, adjustment, maintenance or repair of gaming equipment; and
the restricted component was not intended to be used to interfere with the normal operation of gaming equipment.
Despite any other Act or law, the possession of anything referred to in subsection (1) or (2) in accordance with the authority of a licence or any other authorisation under this Act is lawful.
This Act does not apply so as to affect the lawful obtaining, possession or use of anything referred to in subsection (1) or (2) by a licensed casino operator in accordance with the Casino Control Act 1982 .
The authority of a licence or any other authorisation under this Act is—
subject to this Act; and
taken to extend to a person in the genuine employ of the holder of such licence or authorisation to such extent as is necessary for the employee to carry out the duties of the employee on behalf of the holder.
s 265 amd 1992 No. 35 sch; 1997 No. 24 s 28 ; 1998 No. 11 s 13 ; 1999 No. 77 s 97 ; 2000 No. 51 s 65 ; 2002 No. 43 s 77 ; 2004 No. 21 s 52 ; 2012 No. 25 s 109 (1) ; 2013 No. 25 s 81
(sec.265-ssec.1) A person must not manufacture, sell, supply, obtain or be in possession of— a gaming machine; or linked jackpot equipment; or a device capable of being represented as being a gaming machine or linked jackpot equipment; except under and in accordance with the authority of a licence or any other authorisation under this Act. Maximum penalty—1,000 penalty units or 5 years imprisonment.
(sec.265-ssec.2) A person must not manufacture, sell, supply, obtain or be in possession of a restricted component except under and in accordance with the authority of a licence or any other authorisation under this Act. Maximum penalty—400 penalty units or 2 years imprisonment.
(sec.265-ssec.3) It is a defence to a prosecution for an offence against subsection (2) , for the defendant to prove that— the manufacturing, selling, supplying, obtaining or possession of a restricted component was not related to the manufacture, assembly, installation, alteration, operation, use, adjustment, maintenance or repair of gaming equipment; and the restricted component was not intended to be used to interfere with the normal operation of gaming equipment.
(sec.265-ssec.4) Despite any other Act or law, the possession of anything referred to in subsection (1) or (2) in accordance with the authority of a licence or any other authorisation under this Act is lawful.
(sec.265-ssec.5) This Act does not apply so as to affect the lawful obtaining, possession or use of anything referred to in subsection (1) or (2) by a licensed casino operator in accordance with the Casino Control Act 1982 .
(sec.265-ssec.6) The authority of a licence or any other authorisation under this Act is— subject to this Act; and taken to extend to a person in the genuine employ of the holder of such licence or authorisation to such extent as is necessary for the employee to carry out the duties of the employee on behalf of the holder.
- (a) a gaming machine; or
- (b) linked jackpot equipment; or
- (c) a device capable of being represented as being a gaming machine or linked jackpot equipment;
- (a) the manufacturing, selling, supplying, obtaining or possession of a restricted component was not related to the manufacture, assembly, installation, alteration, operation, use, adjustment, maintenance or repair of gaming equipment; and
- (b) the restricted component was not intended to be used to interfere with the normal operation of gaming equipment.
- (a) subject to this Act; and
- (b) taken to extend to a person in the genuine employ of the holder of such licence or authorisation to such extent as is necessary for the employee to carry out the duties of the employee on behalf of the holder.