Part 9Miscellaneous

Part 9—Miscellaneous 75—Audit requirements for gaming machine monitor licence The accounts of the undertaking carried out pursuant to the gaming machine monitor licence, and the undertaking carried out by the holder of that licence pursuant to any other licence under this Act, may at any time, and must at least once in each year of operation, be audited by the Auditor-General. 76—Power to refuse to pay winnings (1) If the holder of a gaming machine licence or a gaming manager for the licensed premises is satisfied that a gaming machine on the premises, or a game being played on such a machine, is not operating properly and that it would not be just and equitable to allow a particular player to redeem his or her winnings on the machine, the licensee or manager may withhold those winnings from that player and, in that event, must obtain the player's name and address and inform him or her of the right to have the decision reviewed. (2) A player who is aggrieved by a decision to have his or her winnings withheld may, within 14 days of being informed of the decision, apply to the Commissioner for a review of the decision. (3) The Commissioner may confirm or revoke the decision and his or her decision on the matter is not reviewable. (4) The holder of a gaming machine licence or a gaming manager must deal with any winnings withheld under subsection (1) as follows: (a) if the Commissioner revokes a decision made under subsection (1), the withheld winnings must be paid to the player; (b) if the Commissioner upholds a decision under subsection (1) or if a player does not apply to the Commissioner for a review of the decision under subsection (2), the withheld winnings are to be retained by the holder of the gaming machine licence for the licensed premises. 76AA—Unclaimed winnings (1) If winnings on a gaming machine have not been collected or claimed within 24 hours of the winning game being played on the machine, the winnings are forfeited to the Commissioner and must be paid into the Gamblers Rehabilitation Fund. (2) If a gaming machine or game is decommissioned and there are residual jackpots accumulated by playing the machine or game to the credit of that machine or game, the amount of such jackpots is forfeited to the Commissioner and must be paid into the Gamblers Rehabilitation Fund. (3) This section does not apply to an amount of winnings or a residual jackpot that is below the prescribed amount. 76A—Financing of licensee's business (1) The Minister may, by notice in the Gazette, grant an exemption from such provisions of this Act as may be necessary for the purpose of enabling— (a) the holder of a gaming machine licence, the special club licence or a gaming machine dealer's licence and a credit provider to enter into any arrangements (including leasing arrangements) for the financing of the licensee's acquisition of gaming machines or gaming machine entitlements or otherwise financing the business conducted on the licensed premises; and (b) a credit provider to exercise rights of repossession and sale over gaming machines, and gaming machine entitlements, subject to any credit arrangement. (2) An exemption is subject to any conditions specified in the notice. (3) The Minister may, by subsequent notice in the Gazette, vary an exemption. (4) If a credit provider repossesses or acquires a gaming machine or gaming machine entitlement under an arrangement to which an exemption relates, the credit provider— (a) must, within 7 days after the repossession or acquisition, give written notice to the Commissioner of the repossession or acquisition; and (b) must ensure the gaming machine is not operated while in the ownership of the credit provider; and (c) must ensure the gaming machine is, while in the ownership of the credit provider, stored by the holder of a gaming machine dealer's licence or gaming machine service licence in a secure storage location; and (d) must not sell the gaming machine except to the holder of a gaming machine dealer's licence; and (e) must, within 7 days after selling or otherwise disposing of the gaming machine or gaming machine entitlement, give written notice to the Commissioner of the details of the sale or other disposition. 77—Certain agreements and arrangements are unlawful (1) If any agreement or arrangement is entered into by the holder of a gaming machine licence and any person other than the holder of a gaming machine dealer's licence for, or in connection with, the supply or acquisition of gaming machines, games or prescribed gaming machine components— (a) the agreement or arrangement is null and void; and (b) the parties to the agreement or arrangement are each guilty of an offence. (2) However— (a) a gaming machine, game or prescribed gaming machine component may be moved from 1 licensed premises to another (subject to this Act and the conditions of the gaming machine licences relating to those premises) if each of the gaming machine licences is held by the same licensee; and (b) subsection (1) does not apply in relation to a supply to or acquisition by the transferee on a transfer of a gaming machine licence in accordance with Part 3 Division 4. (3) If the Commissioner or an inspector enters into any agreement or arrangement of a financial or business nature with a licensee, a person who is an applicant for a licence or approval under this Act or a gaming manager or gaming employee without the prior approval of the Minister— (a) the agreement or arrangement is null and void; and (b) the parties to the agreement or arrangement are each guilty of an offence. Maximum penalty: $20 000. 78—False or misleading statements A person who knowingly makes a false or misleading statement in an application, a return or any other document furnished by him or her under this Act is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 2 years. 79—Bribery (1) A person who offers, promises or gives a bribe to a licensee or a gaming manager or gaming employee with the intent of gaining for himself or herself or some other person an improper benefit in the course of gaming conducted pursuant to this Act is guilty of an offence. (2) A licensee or a gaming manager or gaming employee who solicits, accepts or agrees to accept such a bribe (whether for himself or herself or some other person) is guilty of an offence. (3) In this section— bribe includes any form of inducement. 81—Liability of licensed dealer for acts of agent If a person, in the course of acting as the agent of the holder of a gaming machine dealer's licence, commits an offence against this Act or commits any other offence in the course of dealing with a licensee under this Act in relation to the undertaking authorised by the licence held by the licensee, the holder of the gaming machine dealer's licence is guilty of an offence and liable to the same penalty as is prescribed for the principal offence. 84—Prosecution of summary offences Proceedings for a summary offence against this Act must be commenced— (a) in the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921; (b) in any other case—within 5 years of the date on which the offence is alleged to have been committed. 85—Vicarious liability (1) If a body corporate that holds a licence is guilty of a prescribed offence, each person occupying a position of authority in the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the person proves that he or she could not by the exercise of due diligence have prevented the commission of the offence. (1a) If a body corporate that holds a licence is guilty of any other offence against this Act (other than an offence against the regulations), each person occupying a position of authority in the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that— (a) the person knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and (b) the person was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and (c) the person failed to exercise due diligence to prevent the commission of the offence. (1b) Subsection (1a) does not apply if the principal offence is an offence against section 50A, 64 or 65. (1c) If a body corporate that holds a licence is guilty of an offence against this Act (other than an offence against the regulations), any gaming manager for the licensed premises is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the manager proves that he or she could not by the exercise of due diligence have prevented the commission of the offence. (2) If the trustee of a trust that holds a licence is guilty of an offence against this Act (other than an offence against the regulations), any other person occupying a position of authority in the trust and any gaming manager for the licensed premises are each guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless it is proved that the person could not, by the exercise of reasonable care, have prevented the commission of the principal offence. (3) If there is proper cause for disciplinary action against a trust or corporate entity under Part 3, there is proper cause for disciplinary action under that Part against each person occupying a position of authority in the entity unless it is proved that the person could not, by the exercise of reasonable care, have prevented the misconduct. (3a) The regulations may make provision in relation to the criminal liability of— (a) a person occupying a position of authority in a body corporate that is guilty of an offence against the regulations; or (b) a gaming manager for licensed premises where the licence is held by a body corporate that is guilty of an offence against the regulations. prescribed offence means any offence for which the maximum penalty includes a term of imprisonment of 2 or more years. 86—Evidentiary provision (1) In proceedings for an offence against this Act or in disciplinary proceedings against a licensee, an allegation in the complaint— (a) that a person named in the complaint is or is not, or was or was not on a specified date, the holder of a specified licence; (b) that premises referred to in the complaint are, or were on a specified date, licensed premises; (c) that an area referred to in the complaint was or was not, on a specified date, a gaming area; (d) that a person named in the complaint is, or was on a specified date, a minor; (e) that a licence referred to in the complaint is, or was on a specified date, subject to specified conditions; (g) that a machine referred to in the complaint was or was not on a specified date an approved gaming machine; (h) that an item referred to in the complaint was or was not on a specified date an approved gaming token or an approved game; (i) that a person named in the complaint is not, or was not on a specified date, an approved manufacturer of gaming tokens, (j) that a person named in the complaint is, or was on a specified day, occupying a position of authority in a trust or corporate entity that holds a licence under this Act; will be accepted as proved in the absence of proof to the contrary. 86A—Commissioner to recover administration costs (1) The Commissioner must, not less than 1 month before the commencement of the relevant financial year, notify each licensee of a prescribed class in writing of the amount fixed by the Minister as the recoverable administration costs for that financial year. (2) A licensee must, within 28 days of receiving a notice under subsection (1), pay to the Commissioner the amount of the recoverable administration costs for that financial year specified in the notice. (3) If a licensee fails to pay an amount in accordance with subsection (2)— (a) the Commissioner may, by notice to the licensee, suspend the licence until the amount has been paid; and (b) the amount unpaid may be recovered from the licensee as a debt due to the State. (4) In proceedings for recovery of an amount unpaid, the Commissioner's notice is to be regarded as conclusive evidence of the recoverable administration costs for the period specified in the notice. (5) In this section— administration costs means the costs of administering this Act arising out of, or in connection with, the carrying out of the Commissioner's administrative and regulatory functions in respect of a licensee, or a licensee of a particular class, in the relevant financial year; relevant financial year means the financial year designated by the Minister by notice in the Gazette for the purposes of this section. 87—Regulations (1) The Governor may make such regulations as are contemplated by this Act, or as are necessary or desirable for the purposes of this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) regulate any matter relating to the conduct, management or procedures of a business carried on pursuant to a licence; (b) fix fees in respect of any matter under this Act and provide for their payment, recovery or waiver; (c) provide for the exemption, subject to prescribed conditions, of any person who, immediately before the commencement of this Act, had possession of a gaming machine in his or her home; (d) grant or provide for the granting of other conditional or unconditional exemptions from this Act, or from any provision of this Act; (e) fix penalties not exceeding $10 000 for breaches of the regulations; (f) fix expiation fees not exceeding $1 200 for alleged breaches of the regulations. (3) A regulation under this Act may be of general, limited or varied application according to— (a) the classes of person, gaming machines or gaming operations; or (b) the circumstances; or (c) any other specified factor, to which the regulation is expressed to apply. (4) A regulation under this Act may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the Commissioner. (4a) The regulations may make provisions of a saving or transitional nature consequent on the enactment of any amendments to this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act. (5) The regulations may, for transitional purposes— (a) provide that this Act or specified provisions of this Act will not apply in relation to a particular person or thing, or a class of person or thing, until a specified day; or (b) modify the application of this Act or provisions of this Act in relation to a particular person or thing, or a class of person or thing, until a specified day. (6) Subsection (5) is in addition to, and does not derogate from, any other provision of this section. 88—Exclusion of compensation (1) No right to compensation arises— (a) as a result of the expropriation or diminution of rights of a licensee by the 2004 amendments; or (b) as a result of the cancellation or lapse of a gaming machine entitlement under this Act. 2004 amendments means the amendments to this Act made by the Gaming Machines (Miscellaneous) Amendment Act 2004.