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.