Part 5Offences

Part 5—Offences Division 1—Offences relating to licences and employment 45—Offence of being unlicensed (1) A person must not— (a) have possession of a gaming machine on any premises; or (ab) purchase, or enter into a contract or agreement to purchase, a gaming machine; or (b) manufacture, sell or supply a game, a gaming machine or a prescribed gaming machine component; or (d) install, service or repair a game, gaming machine or a prescribed gaming machine component; or (e) provide a computer-based system for monitoring the operation of gaming machines, without being licensed to do so. (2) For the purposes of subsection (1)(a), a person has possession of a gaming machine if— (a) the person has physical possession or control of the gaming machine or has the gaming machine in the physical possession or control of another; or (b) the person controls access to the gaming machine; or (c) the person occupies, or has care, control or management of, premises, or is in charge of a vehicle, vessel or aircraft, where the gaming machine is found. (3) A person does not commit an offence against subsection (1)(a) if the person possesses the gaming machine in the ordinary course of the person's business involving the transportation or temporary storage of a gaming machine on behalf of the holder of a licence under this Act. 46—Offence of breach of licence conditions (1) A licensee (other than the holder of a gaming machine licence) must not contravene or fail to comply with a condition of his or her licence. (a) in the case of an offence committed by the holder of the gaming machine monitor licence—$50 000 or imprisonment for 4 years; (b) in any other case—$35 000 or imprisonment for 2 years. (2) The holder of a gaming machine licence must not contravene or fail to comply with a condition of his or her licence. (a) for a category A offence—$20 000; (b) for a category B offence—$10 000; (c) for a category C offence—$5 000; (d) for a category D offence—$2 500. Expiation fee: (a) for a category A expiable offence—$1 200; (b) for a category B expiable offence—$315; (c) for a category C expiable offence—$210; (d) for a category D expiable offence—$160. (3) For the purposes of subsection (2)— (a) a contravention of, or failure to comply with, a licence condition specified in Schedule 1 (other than a condition imposed under paragraph (o) of that Schedule) is a category A offence only; and (b) a contravention of, or failure to comply with, any other licence condition is both a category A offence and a category A expiable offence unless the Commissioner specifies that it is to be an offence, or expiable offence, of some other category at the time of imposing the condition. 46A—Licensee to notify change of particulars (1) A licensee must, within 14 days after a change in any prescribed particulars, notify the Commissioner of that change. Maximum penalty: $2 500. Expiation fee: $210. prescribed particulars means— (a) any address for service or other email address, telephone number or street or postal address provided by the licensee to the Commissioner for purposes connected with the licence; and (b) any other particulars of a kind prescribed by the regulations. 47A—Offence of selling or supplying games, gaming machines or components without approved contract or with inducement (1) The holder of a gaming machine dealer's licence must not enter into a contract to sell or supply a game, a gaming machine or a prescribed gaming machine component unless the contract is in a form that has been approved by the Commissioner under section 39. (2) The holder of a gaming machine dealer's licence must not provide or offer to provide any form of inducement to a person to enter into a contract for the sale or supply of a game, a gaming machine or a prescribed gaming machine component other than a discount that is calculated on a basis that has been fully disclosed in the contract and depends on the number of games, machines or components to be supplied under the contract. 48—Offences relating to management or positions of authority (1) If the gaming operations conducted on any premises pursuant to a gaming machine licence are supervised or managed by a person who is not a gaming manager in respect of those gaming operations, the licensee and the person are each guilty of an offence. (2) If a person assumes a position of authority in a trust or corporate entity that holds a licence without the approval of the Commissioner, the licensee and the person are each guilty of an offence. (3) A licensee must ensure that a gaming manager is present on the licensed premises at all times when gaming operations are conducted on the premises. 49—Offences related to carrying out duties in gaming areas (1) If prescribed duties are carried out in connection with the gaming operations conducted on licensed premises by a person who is not— (a) a gaming manager in respect of those premises; or (b) a gaming employee in respect of those premises, (2) If prescribed duties are carried out in connection with the gaming operations conducted on licensed premises by a person in contravention of a notice given to the person under section 44AA(2), the person is guilty of an offence. (3) A licensee who causes or permits a person to carry out prescribed duties in contravention of a notice given to the licensee under section 44AA(2) is guilty of an offence. (4) If prescribed duties are carried out in connection with the gaming operations conducted on licensed premises by a person who is an employee of the holder of a gaming machine dealer's licence, the person is guilty of an offence. (5) A licensee who knowingly causes or permits a person who is an employee of the holder of a gaming machine dealer's licence to carry out prescribed duties in connection with the gaming operations conducted on licensed premises is guilty of an offence. 50—Offence related to personal performance of work on games and gaming machines If the work of installing, servicing or repairing a game or gaming machine is personally performed on licensed premises by a person who is not— (a) the holder of a gaming machine service licence; or (b) approved as a gaming machine technician for the holder of a gaming machine service licence, 50A—Gaming managers and employees must carry identification If a gaming manager or gaming employee does not, while carrying out his or her duties on the licensed premises, wear an identification card— (a) that is in a form approved by the Commissioner; and (b) that is clearly visible to other persons, (a) in the case of an offence committed by a licensee—$2 500; (b) in any other case—$1 250. Expiation fee: (a) in the case of an offence allegedly committed by a licensee—$210; (b) in any other case—$160. 51—Persons who may not operate gaming machines (1) The holder of a gaming machine licence or a person who occupies a position of authority in a trust or corporate entity that holds such a licence, or a gaming manager or gaming employee for any particular licensed premises, must not, except as is necessary for the purpose of carrying out his or her duties, operate a gaming machine on the licensed premises. (a) in the case of an offence committed by the holder of a gaming machine licence or a person who occupies a position of authority in a trust or corporate entity that holds such a licence—$10 000 or imprisonment for 6 months; (b) in the case of an offence committed by a gaming manager or gaming employee—$5 000. Expiation fee: in the case of an offence allegedly committed by a gaming manager or gaming employee—$315. (2) A person must not, within 28 days of ceasing to be the holder of a gaming machine licence or a person who occupies a position of authority in a trust or corporate entity that holds such a licence, or to be a gaming manager or gaming employee in any particular licensed premises, operate a gaming machine on the licensed premises. (a) in the case of an offence committed by the holder of a gaming machine licence or a person who occupies a position of authority in a trust or corporate entity that holds such a licence—$10 000 or imprisonment for 6 months; (b) in the case of an offence committed by a gaming manager or gaming employee—$5 000. Expiation fee: in the case of an offence allegedly committed by a gaming manager or gaming employee—$315. (3) The holder of a gaming machine dealer's licence, or a person in a position of authority in a trust or corporate entity that holds such a licence, must not, except as is necessary for the purpose of carrying out duties pursuant to the licence, operate a gaming machine on any licensed premises. (4) The holder of the gaming machine monitor licence, an employee of such a licensee or a person in a position of authority in a trust or corporate entity that holds such a licence must not operate a gaming machine on any licensed premises. (4a) The holder of a gaming machine service licence or a person in a position of authority in a trust or corporate entity that holds such a licence, or an approved gaming machine technician for the holder of such a licence, must not, except as is necessary for the purpose of carrying out his or her duties, operate a gaming machine on any licensed premises. Division 2—Offences relating to conduct of gaming operations 51A—Cash facilities not to be provided within gaming areas (1) The holder of a gaming machine licence must not provide, or allow another person to provide, a cash facility other than an EFTPOS facility within a gaming area on the licensed premises. (4) The Minister may, if he or she thinks exceptional circumstances exist for doing so, exempt a licensee (conditionally or unconditionally) from the operation of this section. (5) A licensee who contravenes a condition of an exemption granted under subsection (4) is guilty of an offence. 51B—Cash facilities limitations (2) The holder of a gaming machine licence must not provide, or allow another person to provide, cash facilities on the licensed premises that would allow a person to obtain by means of any 1 cash facility, in a transaction or set of transactions on that cash facility, on any 1 debit or credit card within a 24 hour period, an amount of cash that exceeds the sum of $250. 52—Prohibition of lending or extension of credit (1) The holder of a gaming machine licence— (a) who lends or offers to lend money to a person who is in or who is about to enter the licensed premises; or (b) who allows a person to use a credit card or charge card for the purpose of paying for playing the gaming machines on the licensed premises or in circumstances where the holder could reasonably be expected to know that the use of the card is for that purpose; or (c) who otherwise extends or offers to extend credit to any person for the purpose of enabling the person to play the gaming machines on the licensed premises or in circumstances where the holder could reasonably be expected to know that the credit is to be used for that purpose, (2) If a gaming manager or gaming employee— (a) lends or offers to lend money to a person who is in or who is about to enter the licensed premises; or (b) allows a person to use a credit card or charge card for the purpose of paying for playing the gaming machines on the licensed premises or in circumstances where the manager or employee could reasonably be expected to know that the use of the card is for that purpose; or (c) otherwise extends or offers to extend credit to any person for the purpose of enabling the person to play the gaming machines on the licensed premises or in circumstances where the manager or employee could reasonably be expected to know that the credit is to be used for that purpose, the licensee and the manager or employee are each guilty of an offence. 53—Prohibition of linked jackpots The holder of a gaming machine licence must not cause, suffer or permit any gaming machine on the licensed premises— (a) to be fitted with linked jackpot equipment; or (b) to be linked in any manner that allows the winnings, or part of the winnings, from the machine to accumulate with the winnings, or part of the winnings, from any other gaming machine. 53A—Prohibition of certain gaming machine facilities (1) The holder of a gaming machine licence must not provide any gaming machine on the licensed premises that may be operated in connection with an account based cashless gaming system unless— (a) the system is approved under section 40A(1)(a); and (b) the gaming machine is operated in connection with an automated risk monitoring system approved under section 40A(1)(b); and (c) the gaming machine is capable of displaying on‑screen messages of a kind prescribed in the applicable responsible gambling code of practice either on a primary screen or an ancillary screen; and (d) the gaming machine is operated in connection with a pre‑commitment system in compliance with the requirements prescribed by the regulations. (2) The holder of a gaming machine licence must not provide any gaming machine on the licensed premises that may be operated otherwise than in connection with an automated risk monitoring system approved under section 40A(1)(b). (3) The holder of a gaming machine licence must not provide any gaming machine on the licensed premises that may be operated— (a) by insertion of a credit or debit card; or (b) by means of a cashless payment system; or (c) by insertion of a ticket (other than in accordance with the requirements prescribed by the regulations). (4) The holder of a gaming machine licence must not provide any gaming machine on the licensed premises that allows a maximum bet of more than $5. (4a) The holder of a gaming machine licence must not provide any gaming machine on the licensed premises that allows the operation of a game by insertion of a banknote if the cash value of the credit balance on the gaming machine is $100 or more. (5) The holder of a gaming machine licence must not provide any gaming machine on the licensed premises that may be operated by the insertion of a banknote of a denomination greater than $50. (6) The holder of a gaming machine licence must not permit the use of an audio device on any gaming machine on the licensed premises if the use of the device is not intended primarily to assist a person with a hearing impairment. (7) The holder of a gaming machine licence must not provide any gaming machine on the licensed premises that returns winnings to players at a rate that is not less than 87.5% of the total amount of all bets made on the machine. (8) The holder of a gaming machine licence must not provide any gaming machine on the licensed premises that is fitted with a device or mechanism designed to allow the playing of successive games by an automatic process. (9) In this section— ancillary screen means a screen— (a) in the sandwich board of a gaming machine; or (b) attached to a gaming machine that is visible to the person using the gaming machine; audio device means an earphone, earpiece, headphone, headset or any other device to convert signals from a gaming machine to audible sound delivered to the ear of a person playing the machine to the exclusion of everyone else; cashless payment system does not include an account based cashless gaming system approved under section 40A(1)(a) or a cashless gaming system of a kind prescribed by the regulations and approved under section 40A(1)(c); primary screen means a gaming machine screen; ticket means a ticket— (a) issued from a gaming machine (or from equipment attached to the gaming machine for the purposes of issuing tickets); and (b) that shows the cash value of the credits accumulated but not otherwise redeemed in the course of play on that gaming machine. 53B—Commissioner's directions to ensure security of gaming machines (1) If— (a) gaming machines are left on licensed premises after the premises have been vacated by the licensee; or (b) the Commissioner has any reason to believe that gaming machines on licensed premises are not adequately secured against unauthorised use or interference, the Commissioner may give any directions, in writing, that the Commissioner considers are reasonably required to secure the machines against unauthorised use or interference. (2) The Commissioner may, for example, do either or both of the following: (a) direct the licensee to remove the machines to a secure storage location; (b) direct the holder of the gaming machine monitor licence to electronically disable the machines (and maintain its monitoring of the machines). (3) A person given a direction by the Commissioner under this section must not fail to comply with the direction. Division 3—Offences relating to minors 55—Minors must not be employed in gaming operations If a minor is employed in any capacity in connection with the conduct of gaming operations on licensed premises, the licensee is guilty of an offence. 56—Minors not permitted in gaming areas (1) A minor must not enter or remain in a gaming area or operate a gaming machine on licensed premises. Expiation fee: $210. (2) Where a minor enters or remains in a gaming area or operates a gaming machine on licensed premises, the licensee and the gaming manager on duty at the time are each guilty of an offence. (3) It is a defence to a charge of an offence against subsection (2) for the defendant to prove that he or she took reasonable steps to prevent the entry of the minor to, or to remove the minor from, the gaming area or to prevent him or her from operating the gaming machine. (4) A holder of a gaming machine licence or a gaming manager who permits a minor to enter or remain in a gaming area on the licensed premises, or to operate a gaming machine on the premises, is guilty of an offence. Maximum penalty: $20 000. (4a) A person must not knowingly assist a minor or enable a minor to enter or remain in a gaming area on the licensed premises. Maximum penalty: $10 000. (5) A minor who operates a gaming machine in contravention of this section is not entitled to any winnings he or she may have made on the machine and those winnings are forfeited to the Commissioner and must be paid into the Gamblers Rehabilitation Fund. 58—Powers in relation to minors in gaming areas (1) Where an authorised person suspects on reasonable grounds that a person in a gaming area may be a minor, he or she may require the person to produce evidence to the authorised person's satisfaction as to the person's age. (2) A person who— (a) fails, without reasonable excuse, to comply with a requirement under this section; or (b) makes a false statement, or produces false evidence, in response to such a requirement, (3) Where an authorised person suspects on reasonable grounds that a person who is in a gaming area or who is about to enter a gaming area is a minor, the authorised person may require the person to leave the gaming area. (4) If a person refuses or fails to comply with a requirement under subsection (3), the authorised person may remove him or her from the licensed premises, using only such force as is reasonably necessary for the purpose. (5) An authorised person must comply with any procedures prescribed under the Liquor Licensing Act 1997 in relation to the removal by authorised persons (within the meaning of that Act) of minors from licensed premises or a part of licensed premises. Division 5—Offences relating to cheating etc 62—Interference with machines or games A person who interferes in any way with the proper operation of an approved gaming machine, or the proper operation of an approved game in a gaming machine, with the intent of gaining any benefit or advantage for himself or herself or any other person, is guilty of an offence. 63—Interference devices (1) A person who manufactures, sells, supplies or has in his or her possession a device designed, adapted or intended to be used for the purpose of interfering with the proper operation of an approved gaming machine or the proper operation of an approved game in a gaming machine is guilty of an offence. (2) In proceedings for an offence against subsection (1), an allegation in the information that a particular device was designed, adapted or intended to be used for the purpose of interfering with the proper operation of an approved gaming machine or the proper operation of an approved game in a gaming machine, will be accepted as proved in the absence of proof to the contrary. (3) For the purposes of subsection (1), a person has possession of a device if— (a) the person has physical possession or control of the device or has the device in the physical possession or control of another; or (b) the person controls access to the device; or (c) the person occupies, or has care, control or management of, premises, or is in charge of a vehicle, vessel or aircraft, where the device is found. 64—Sealing of gaming machines (2) A person other than an inspector or an approved gaming machine technician must not seal any part of a gaming machine or break or in any way interfere with any such seal. Maximum penalty: $5 000 or imprisonment for 3 months. (3) A licensee must not cause a gaming machine to be operated by a person (other than an inspector or approved gaming machine technician) unless it has been sealed. Maximum penalty: $5 000. (4) An approved gaming machine technician must, after installing, servicing or repairing an unsealed gaming machine, seal the gaming machine in the manner approved by the Commissioner. Maximum penalty: $5 000. 65—Removal of gaming tokens A person other than a person acting in the course of his or her duties must not remove any cash or gaming tokens from a gaming machine. Maximum penalty: $5 000 or imprisonment for 3 months. 66—Machines not to be operated in certain circumstances (1) If, at any time when a gaming area on licensed premises is open for business, the licensee or a gaming manager suffers or permits a gaming machine to be operated— (a) while the gaming machine or any game in the machine is not operating in such a manner that the rules of the game are being complied with, while the sequence or incidence of winnings has in any way been altered or while the machine is in any other way operating defectively; or (b) while the gaming machine is not connected to the monitoring system or the connection is in anyway defective; or (c) while the door of its computer cabinet is not sealed in the manner approved by the Commissioner, the licensee or manager is guilty of an offence. Maximum penalty: $20 000 or imprisonment for 1 year. 67—Power to remove offenders (1) An authorised person, if satisfied that a person who is in a gaming area on licensed premises— (a) has damaged or physically abused any gaming machine; or (b) has committed, is committing or is about to commit an offence; or (c) is behaving in an offensive, abusive or disorderly manner, may remove the person from the licensed premises, using only such force as is reasonably necessary for the purpose. (2) A person removed from licensed premises under subsection (1) who enters or attempts to enter the premises within 24 hours of being so removed from them is guilty of an offence. (3) An authorised person may refuse entry to, or prevent from entering, the gaming area, or areas, on licensed premises any person who is behaving in an offensive, abusive or disorderly manner. (4) A person— (a) who is refused entry to, or prevented from entering, a gaming area under subsection (3); and (b) who enters or attempts to enter any of the gaming areas on the premises within 24 hours after entry is so refused or prevented, (4a) The regulations may prescribe procedures to be observed by authorised persons in or in connection with the prevention of persons from entering gaming areas. (4b) An authorised person must comply with any procedures— (a) prescribed under subsection (4a); or (b) prescribed under the Liquor Licensing Act 1997 in relation to the removal by authorised persons (within the meaning of that Act) of persons from licensed premises. (5) The powers exercisable under this section are in addition to any other powers that are exercisable at law. Division 6—Offences relating to profit sharing etc 68—Certain profit sharing etc is prohibited (1) If the holder of a gaming machine licence— (a) enters into partnership with an unlicensed person (that is to say, a person who is not one of the holders of the gaming machine licence) in relation to the business conducted pursuant to the licence; or (b) is party to any agreement or arrangement under which an unlicensed person in any way participates in the proceeds or profits of the business carried on pursuant to the licence; or (c) remunerates an unlicensed person (other than the holder of the gaming machine monitor licence) by reference to the proceeds or profits of, or the amount staked in the course of, the business carried on pursuant to the licence; or (d) permits an unlicensed person (not being a person who is a gaming manager in respect of the business) to conduct, superintend or manage the business carried on pursuant to the licence; or (e) permits an unlicensed person to hold himself or herself out to the public as the licensee, the licensee and the unlicensed person are each guilty of an offence. Maximum penalty: $20 000 or imprisonment for 1 year. (2) Subsection (1) does not apply to— (a) an agreement or arrangement providing for the disbursement of proceeds or profits to a person in a position of authority in a trust or corporate entity that holds the gaming machine licence; or (b) an agreement or arrangement on terms approved by the Commissioner.