49Self-exclusion of patrons from hotels and clubs

#### 49 Self-exclusion of patrons from hotels and clubs 49 Self-exclusion of patrons from hotels and clubs > > (1) In this section— > > > > self-exclusion scheme means a scheme— > > > > > (a) in which a person (the participant) is prevented, at his or her own request, from entering or remaining on any area of a hotel or the premises of a club that is nominated by the participant (the nominated area), and > > > > > (b) that is established and conducted in accordance with the regulations. > > > > responsible person means— > > > > > (a) in the case of a hotel—any of the following— > > > > > > > (i) the hotelier, > > > > > > > (ii) the manager of the hotel, > > > > > > > (iii) an agent or employee of the hotelier or manager, > > > > > > > (iv) any other person involved in the conduct of gambling activities in the hotel, or > > > > > (b) in the case of a club—any of the following— > > > > > > > (i) the secretary of the club, > > > > > > > (ii) a director of the club, > > > > > > > (iii) an agent or employee of the club, > > > > > > > (iv) any other person involved in the conduct of gambling activities on the club’s premises. > > > (2) For the purposes of this section, the nominated area of the hotel or club premises concerned may comprise the entire hotel or the entire club premises. > > > (3) If a hotelier or club is authorised to keep approved gaming machines, the hotelier or club must— > > > > > (a) ensure that patrons of the hotel or club have access to a self-exclusion scheme, and > > > > > (b) publicise the availability of self-exclusion schemes and information about how they operate to the patrons of the hotel or club. > > > > Maximum penalty—100 penalty units. > > > (4) It is lawful for a responsible person for a hotel or club, using no more force than is reasonable in the circumstances— > > > > > (a) to prevent a participant from entering the nominated area of the hotel or the premises of the club, and > > > > > (b) to remove a participant from the nominated area or cause a participant to be removed from that area. > > > (5) No civil or criminal liability is incurred by a responsible person for a hotel or club (or by the club itself)— > > > > > (a) for any act done or omitted to be done in good faith, and in accordance with this section and the regulations, to or in respect of a participant, or > > > > > (b) if a participant enters or remains in the nominated area of the hotel or the premises of the club. > > > (6) This section does not limit or otherwise affect the civil liability of a person for negligence that causes personal injury to a person or the death of a person. > > **s 49:** Am 2002 No 18, Sch 1 \[37\] \[38\]; 2005 No 78, Sch 1 \[8\]; 2007 No 92, Sch 3 \[7\] \[13\] \[26\] \[27\] \[31\] \[34\]; 2008 No 99, Sch 1 \[51\] \[52\]; 2011 No 72, Sch 3 \[1\] \[57\] \[58\].