New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 70

70 Possession of approved gaming machine by unauthorised person

(1) A person who is in possession of an approved gaming machine is guilty of an offence unless the person--

(a) is the holder of a gaming-related licence, or

(b) is a hotelier or club lawfully in possession of the approved gaming machine, or

(c) has possession of the approved gaming machine in the ordinary course of a business involving the transportation or storage of goods, or

(d) is an inspector exercising functions under this Act, or

(e) is in lawful possession of the approved gaming machine as a consequence of its seizure under the authority of a search warrant under section 184.

: Maximum penalty--100 penalty units or imprisonment for 12 months, or both.

(2) This section does not apply to the possession of an approved gaming machine--

(a) by a hotelier if the hotel licence has been cancelled under the Liquor Act 2007 and the possession has not extended beyond a reasonable time after the cancellation, or

(b) by a club if--

(i) the club has been disqualified from holding a licence under the Liquor Act 2007 and the period of disqualification has not expired, or

(ii) the licence of the club has been cancelled under the Liquor Act 2007 ,

and the possession has not extended beyond a reasonable time after the disqualification or cancellation.

(3) This section does not apply to a person in possession of an approved gaming machine if--

(a) the possession resulted from the exercise of a power conferred on the person by a mortgage and has not extended beyond 21 days after the exercise of the power, or

(b) if the person obtained possession of the gaming machine by exercising a power or proprietary right under financial or other arrangements approved by the Authority and has not retained possession beyond 21 days after the exercise of the power.