85Sale of gaming machines

#### 85 Sale of gaming machines 85 Sale of gaming machines > > (1) A person who sells an approved gaming machine is guilty of an offence unless— > > > > > (a) the person is the holder of a dealer’s licence or seller’s licence, or > > > > > (b) the person is a director or secretary of a corporation that is the holder of such a licence. > > > > Maximum penalty—100 penalty units or imprisonment for 12 months, or both. > > > (2) It is a defence to a prosecution for an offence under subsection (1) if it is proved that the defendant, without being the holder of a seller’s licence, exercised a function of the holder of such a licence but did so only— > > > > > (a) for the purpose of receiving training or instruction in the exercise of the function, and > > > > > (b) under the supervision of the holder of such a licence. > > > (3) (Repealed) > > > (4) The holder of a dealer’s licence or seller’s licence who sells an approved gaming machine otherwise than as authorised by the licence is guilty of an offence. > > > > Maximum penalty—100 penalty units or imprisonment for 12 months, or both. > > > (5) This section does not prohibit the sale of an approved gaming machine by— > > > > > (a) a hotelier or club with the approval of the Authority if any conditions imposed by the Authority when approving the disposal of the gaming machine are complied with, or > > > > > (b) a hotelier whose hotel licence has been cancelled or who has been disqualified for a period from holding such a licence, if the sale is effected in accordance with arrangements approved by the Authority, or > > > > > (c) a club whose licence under the [Liquor Act 2007](/view/html/inforce/current/act-2007-090) has been cancelled (or which has been disqualified for a period from holding a club licence under that Act) if the sale is effected in accordance with arrangements approved by the Authority. > > **s 85:** Am 2007 No 92, Sch 3 \[53\]; 2008 No 99, Sch 1 \[84\]–\[86\]; 2011 No 72, Sch 3 \[1\].