New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 76

76 Defective gaming machines

(1) A hotelier or club is guilty of an offence if an approved gaming machine available for use in the hotel or on the premises of the club fails to function in the manner in which it was designed and approved by the Authority to function.

: Maximum penalty--100 penalty units.

(2) It is a defence to a prosecution for an offence under subsection (1) if it is proved--

(a) that the operation of the approved gaming machine was for testing or maintenance purposes, or

(b) that the hotelier, or the secretary or other person for the time being in charge of the club--

(i) had taken all reasonable precautions to ensure that the approved gaming machine was functioning properly, and

(ii) at the time of the alleged offence did not know, and could not reasonably be expected to have known, that the machine was not functioning properly.