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GAMBLING REGULATION ACT 2003 - SECT 3.5.1

Manufacture, sale, supply, obtaining or possession of gaming machines

S. 3.5.1(1) amended by No. 64/2010 s. 44(1).

    (1)     A person must not manufacture, sell, supply, obtain or be in possession of gaming equipment or monitoring equipment except in accordance with this Act.

Penalty:     1000 penalty units or imprisonment for 2 years or both.

    (2)     A person is guilty of an offence against this subsection if the person commits an offence against subsection (1) as part of a commercial enterprise.

Penalty:     Imprisonment for 6 years.

    (3)     An offence against subsection (2) is an indictable offence.

S. 3.5.1(4) substituted by No. 64/2010 s. 44(2).

    (4)     A person may manufacture, sell, supply, obtain or be in possession of gaming equipment or monitoring equipment if the equipment is for use outside Victoria and the person has the written authority of the Commission.

    (5)     The authority of the Commission

        (a)     may be subject to any terms, conditions or limitations that the Commission thinks fit; and

        (b)     may be granted for any period determined by the Commission; and

        (c)     may be renewed, with or without variation, from time to time.

S. 3.5.1(5A) inserted by No. 64/2014 s. 7.

    (5A)     A person may obtain or be in possession of gaming equipment if—

        (a)     the person is an ADI or an employee or agent of an ADI; and

        (b)     the equipment is obtained or possessed in accordance with or as a result of the exercise by the ADI of a power or proprietary right under a financial or other arrangement with a venue operator.

S. 3.5.1(5B) inserted by No. 64/2014 s. 7.

    (5B)     A person referred to in subsection (5A) may sell or supply gaming equipment obtained under subsection (5A) to a person listed on the Roll.

S. 3.5.1(6) substituted by No. 64/2010 s. 44(3).

    (6)     For the purposes of this section, a person is to be taken to be in possession of gaming equipment or monitoring equipment if—

        (a)     the equipment is in the physical possession or custody or control of the person or is on land or in premises occupied, used or controlled by the person; or

        (b)     the person controls access, either solely or jointly with other persons, to the equipment.

    (7)     A function of the Commission under this section may be performed by any commissioner.

S. 3.5.2 repealed by No. 28/2022 s. 32.

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Division 2—Controls over gaming machines and games



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