NSWIn ForceAct
Registered Clubs Act 1976
43AOffer of inducement for purchase or provision of goods or services
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#### 43A Offer of inducement for purchase or provision of goods or services
43A Offer of inducement for purchase or provision of goods or services
> > (1) A person who provides, or offers to provide, or causes to be provided or offered, to a registered club or any other person any benefit or advantage as the whole or a part of the consideration for the purchase by, or provision to, the club of goods or services is guilty of an offence unless the benefit or advantage—
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> > > (a) is to be received by the club and comprises money or money’s worth (including any trade-ins) that is clearly set out in a written agreement for purchase or provision of the goods or services, or
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> > > (b) is clearly set out in a written agreement and comprises reasonable training of a member of the staff of the club in the operation or maintenance of approved gaming machines.
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> > Maximum penalty—100 penalty units.
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> > (2) A person who provides, or offers to provide, or causes to be provided or offered, to a registered club a benefit or advantage for use by a person, or by more than one person individually, is guilty of an offence unless—
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> > > (a) the benefit or advantage is openly and generally available to all clubs or other persons or to those of a specified class or specified classes, and
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> > > (b) the benefit or advantage is predominantly educational and relates to a specific and genuine course of study, and
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> > > (c) the benefit or advantage would be of significant assistance to the club, and
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> > > (d) the person making the offer does not, in making the offer or before a decision on the offer is made by the club, select a person to benefit from the offer or make any representations in relation to, or take part in, the selection of such a person, and
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> > > (e) the person making the offer does not, if the offer is accepted, select any person to receive the benefit or advantage, or take part in the selection of such a person, or make any representations in relation to the selection of such a person.
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> > Maximum penalty—100 penalty units.
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> > (3) A registered club or other person is guilty of an offence if the club or other person—
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> > > (a) accepts or agrees to accept a benefit, advantage or offer the provision or making of which is an offence under this section, or
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> > > (b) seeks a benefit, advantage or offer the provision or making of which would be an offence under this section.
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> > Maximum penalty—100 penalty units.
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> **s 43A:** Ins 1993 No 29, Sch 5 (19). Am 2001 No 127, Sch 3 \[13\].