35Declared gambling premises—offence by owner

35 Declared gambling premises—offence by owner

35 Declared gambling premises—offence by owner

(1) The owner of declared gambling premises is guilty of an offence if the premises are used as gambling premises while the declaration is in force.

Maximum penalty—

• for a first offence—50 penalty units or imprisonment for 12 months (or both),

• for a second or subsequent offence—500 penalty units or imprisonment for 2 years (or both).

(2) A person is not guilty of an offence under this section if the person proves that—

(a) he or she has taken all reasonable steps to prevent the premises from being used as gambling premises, or

(b) the person did not know (or could not reasonably be expected to have known) that the premises were declared gambling premises.