Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts20. Division 2 of Part V of the Principal Act is repealed and the following Division substituted:
“35. A person shall not acquire a gaming machine except—
(a) in accordance with an approval under section 36; or
(b) from the Territory.
Penalty: $10,000 or imprisonment for 1 year, or both.
“36. (1) An application for approval to acquire a gaming machine shall be in writing, accompanied by—
(a) the proposed contract for the acquisition (including any proposed order); and
(b) details of any proposed arrangements for financing the acquisition.
“(2) On application in accordance with subsection (1), the Commissioner shall approve the acquisition of a gaming machine—
(a) if the applicant is a licensee;
(b) if the applicant's licence authorises the applicant to operate the machine;
(c) if the acquisition is to be under a written contract;
(d) if the person from whom the machine is to be acquired—
(i) is authorised under the law of the Territory, a State or another Territory to sell gaming machines; or
(ii) has obtained an approval under section 39F to dispose of the machine;
(e) unless the Commissioner considers that the machine is technically unsuitable, having regard to any technical evaluation by the NSW Liquor Administration Board relevant to the machine, or to gaming machines of the same type;
(f) if any proposed arrangements for financing the acquisition are approved (or are to be approved) under section 37; and
(g) where the applicant is a club—unless the Commissioner is satisfied that it is not in the best interests of the members of the club.
“37. (1) A licensee shall not enter into an arrangement for financing the acquisition of a gaming machine except in accordance with the approval of the Commissioner.
“(2) An application for approval shall be in writing, accompanied by a copy of all documents associated with the proposed arrangement.
“(3) On application in accordance with subsection (2), the Commissioner shall approve an arrangement for financing the acquisition of a gaming machine—
(a) if the arrangement is to be under a written contract or contracts;
(b) if the person with whom the arrangement is to be made is a credit provider or finance broker licensed—
(i) under the Credit Act 1985 ; or
(ii) under any law of a State or another Territory corresponding to that Act;
(c) if the acquisition is approved,
or is to be approved, under
section 36; and
(d) where the applicant is a club—unless the Commissioner is satisfied that it is not in the best interests of the members of the club.
“(4) It is a condition of an approval that no contract forming part of the approved financial arrangements be varied without the prior approval of the Commissioner.
“38. (1) A person shall not offer or provide a profit, benefit or advantage directly or indirectly to—
(a) a licensee;
(b) an employee or agent of a licensee; or
(c) a relevant influential person in relation to a licensee;
as an inducement for the acquisition of a gaming machine by the licensee.
Penalty: $5,000 or imprisonment for 6 months, or both.
“(2) A person who is—
(a) a licensee;
(b) an employee or agent of a licensee; or
(c) a relevant influential person in relation to a licensee;
shall not accept a direct or indirect profit, benefit or advantage offered as an inducement for the acquisition by the licensee of a gaming machine.
Penalty: $5,000 or imprisonment for 6 months, or both.
“(3) This section does not apply in relation to a profit, benefit or advantage consisting only of—
(a) reasonable food or refreshment offered by a person authorised under the law of another State or Territory to deal in or to sell the gaming machine; or
(b) out-of-pocket expenses reasonably incurred in the course of negotiations for the acquisition of the machine, if authorised—
(i) where the licensee is a natural person—by the licensee; or
(ii) where the licensee is a body corporate—by a resolution of the licensee's governing body.
“39. (1) A person shall not possess or control a gaming machine except in accordance with subsection (2).
Penalty: $10,000 or imprisonment for 1 year, or both.
“(2) A person may possess or control a gaming machine—
(a) in accordance with a licence; or
(b) in accordance with an approval to repossess the machine under section 39C.
“39A. (1) A person shall not permit a gaming machine to be played on premises owned, occupied or managed by the person, unless the machine is operated in accordance with a licence.
Penalty: $10,000 or imprisonment for 1 year, or both.
“(2) A person (in this subsection referred to as ‘the defendant') is not guilty of an offence under subsection (1) if evidence is adduced that—
(a) the conduct alleged to have constituted the offence was due to—
(i) reasonable mistake, other than a mistake constituted solely by the reliance of the defendant on information supplied by another person; or
(ii) the act or default of another person, or some other cause beyond the defendant's control; and
(b) the defendant took reasonable precautions and exercised due diligence to avoid committing the offence;
and that evidence is not rebutted.
“39B. (1) A person shall not repossess a gaming machine except in accordance with an approval under section 39C.
Penalty: $10,000 or imprisonment for 1 year, or both.
“(2) A person who has repossessed a gaming machine shall not permit the machine to be played prior to its disposal, unless the machine is operated in accordance with a licence.
Penalty: $10,000 or imprisonment for 1 year, or both.
“(3) A person (in this subsection referred to as ‘the defendant') is not guilty of an offence under subsection (2) if evidence is adduced that—
(a) the conduct alleged to have constituted the offence was due to—
(i) reasonable mistake, other than a mistake constituted solely by the reliance of the defendant on information supplied by another person; or
(ii) the act or default of another person, or some other cause beyond the defendant's control; and
(b) the defendant took reasonable precautions and exercised due diligence to avoid committing the offence;
and that evidence is not rebutted.
“39C. (1) An application for approval for the repossession of a gaming machine shall be in writing, accompanied by information identifying—
(a) the person from whom the machine is to be repossessed;
(b) the premises where the machine is currently held; and
(c) the class, type and basic stake denomination of the machine.
“(2) On application in accordance with subsection (1), the Commissioner shall approve the repossession of a gaming machine unless he or she believes on reasonable grounds that the applicant would be likely to contravene a condition under subsection (3).
“(3) An approval is subject to the following conditions:
(a) that the person given the approval take all reasonable precautions necessary to prevent the repossessed gaming machine being played prior to its disposal;
(b) that the person given the approval permit an authorised tax officer to exercise his or her functions under subsection (4);
(c) such other conditions as the Commissioner thinks fit in relation to the storage of the machine prior to its disposal.
“(4) Where an approval is given to repossess a gaming machine, after the machine is repossessed, and before it is disposed of, an authorised tax officer shall—
(a) take meter readings from the machine;
(b) seal the recording device on the machine; and
(c) render the machine inoperable.
“(5) A person is not authorised to repossess a gaming machine by reason only that the person is given an approval under this section.
“39D. (1) A person given an approval to repossess a gaming machine shall not contravene a condition of the approval under subsection 39C (3).
Penalty:
(a) in the case of a natural person—$2,000;
(b) in the case of a body corporate—$10,000.
“(2) A person (in this subsection referred to as ‘the defendant') is not guilty of an offence under subsection (1) if evidence is adduced that—
(a) the conduct alleged to have constituted the offence was due to—
(i) reasonable mistake, other than a mistake constituted solely by the reliance of the defendant on information supplied by another person; or
(ii) the act or default of another person, or some other cause beyond the defendant's control; and
(b) the defendant took reasonable precautions and exercised due diligence to avoid committing the offence;
and that evidence is not rebutted.
“39E. A person shall not dispose of a gaming machine except in accordance with an approval under section 39F.
Penalty:
(a) in the case of a natural person—$10,000 or
imprisonment for
1 year, or both;
(b) in the case of a body corporate—$50,000.
“39F. (1) An application for approval to dispose of a gaming machine shall be in writing, accompanied by information identifying—
(a) the person who is to acquire the machine;
(b) the premises where the machine is currently held; and
(c) the class, type and basic stake denomination of the machine.
“(2) On application in accordance with subsection (1), the Commissioner shall approve the disposal of a gaming machine—
(a) if the person who is to acquire the machine is authorised—
(i) to operate the machine under a licence; or
(ii) to sell, or to operate, the machine under a law of a State or another Territory; and
(b) where the applicant has repossessed the machine—
(i) if the repossession is approved under section 39C; and
(ii) unless the Commissioner is satisfied on reasonable grounds that the applicant has contravened that approval.
“(3) A person is not authorised to dispose of a gaming machine by reason only that the person is granted an approval under this section.”.