97Defective gaming machines not allowed

97 Defective gaming machines not allowed (1) In this section, licensee, in respect of licensed premises, includes: (a) a machine manager of the licensed premises; (b) if the licensee is a body corporate, the secretary or an executive officer of the body corporate; and (c) a person employed by the licensee who may be required by the licensee to: (i) supervise gaming; (ii) attend to gaming machines; (iii) sell or redeem gaming tokens; or (iv) carry out centralised credit transactions, on the licensed premises. (2) A licensee shall not allow, other than for testing purposes, a gaming machine: (a) that is installed on the licensed premises; and (b) that does not function in the way in which it was designed and programmed to function, to be played until it is functioning in the way in which it was designed and programmed to function.

Gaming Machine Act 1995 93 subsection (2) for the defendant to prove that the defendant: (a) had taken all reasonable precautions to ensure that the gaming machine was functioning in the way in which it was designed and programmed to function; and (b) at the time of the alleged offence, did not know, and ought not to have known, that the gaming machine was not functioning in the way in which it was designed and programmed to function.