If a game of two-up is unlawful because:
(a) any of the requirements referred to in section 7 or 8 are not satisfied, or
(b) being a game that is conducted in the City of Broken Hill--it is not conducted in accordance with Part 3,a participant in the game is not guilty of an offence under section 14 of the Unlawful Gambling Act 1998 unless it is proved that the participant knew, or in the circumstances should have known or suspected, that the game was an unlawful game.