70Possession of approved gaming machine by unauthorised person

#### 70 Possession of approved gaming machine by unauthorised person 70 Possession of approved gaming machine by unauthorised person > > (1) A person who is in possession of an approved gaming machine is guilty of an offence unless the person— > > > > > (a) is the holder of a gaming-related licence, or > > > > > (b) is a hotelier or club lawfully in possession of the approved gaming machine, or > > > > > (c) has possession of the approved gaming machine in the ordinary course of a business involving the transportation or storage of goods, or > > > > > (d) is an inspector exercising functions under this Act, or > > > > > (e) is in lawful possession of the approved gaming machine as a consequence of its seizure under the authority of a search warrant under section 184. > > > > Maximum penalty—100 penalty units or imprisonment for 12 months, or both. > > > (2) This section does not apply to the possession of an approved gaming machine— > > > > > (a) by a hotelier if the hotel licence has been cancelled under the [Liquor Act 2007](/view/html/inforce/current/act-2007-090) and the possession has not extended beyond a reasonable time after the cancellation, or > > > > > (b) by a club if— > > > > > > > (i) the club has been disqualified from holding a licence under the [Liquor Act 2007](/view/html/inforce/current/act-2007-090) and the period of disqualification has not expired, or > > > > > > > (ii) the licence of the club has been cancelled under the [Liquor Act 2007](/view/html/inforce/current/act-2007-090), > > > > > > and the possession has not extended beyond a reasonable time after the disqualification or cancellation. > > > (3) This section does not apply to a person in possession of an approved gaming machine if— > > > > > (a) the possession resulted from the exercise of a power conferred on the person by a mortgage and has not extended beyond 21 days after the exercise of the power, or > > > > > (b) if the person obtained possession of the gaming machine by exercising a power or proprietary right under financial or other arrangements approved by the Authority and has not retained possession beyond 21 days after the exercise of the power. > > **s 70:** Am 2007 No 92, Sch 3 \[10\] \[49\] \[50\]; 2008 No 99, Sch 1 \[67\]; 2011 No 72, Sch 3 \[1\].