New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 85

85 Sale of gaming machines

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

(a) the person is the holder of a dealer's licence or seller's licence, or

(b) the person is a director or secretary of a corporation that is the holder of such a licence.

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

(2) It is a defence to a prosecution for an offence under subsection (1) if it is proved that the defendant, without being the holder of a seller's licence, exercised a function of the holder of such a licence but did so only--

(a) for the purpose of receiving training or instruction in the exercise of the function, and

(b) under the supervision of the holder of such a licence.

(4) The holder of a dealer's licence or seller's licence who sells an approved gaming machine otherwise than as authorised by the licence is guilty of an offence.

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

(5) This section does not prohibit the sale of an approved gaming machine by--

(a) a hotelier or club with the approval of the Authority if any conditions imposed by the Authority when approving the disposal of the gaming machine are complied with, or

(b) a hotelier whose hotel licence has been cancelled or who has been disqualified for a period from holding such a licence, if the sale is effected in accordance with arrangements approved by the Authority, or

(c) a club whose licence under the Liquor Act 2007 has been cancelled (or which has been disqualified for a period from holding a club licence under that Act) if the sale is effected in accordance with arrangements approved by the Authority.