Victorian Current Acts Victorian Current Acts(1) The Minister or an authorised person may direct a specified person to provide assistance to the Minister or authorised person to enable the Minister or authorised person to effectively exercise a power under section 3.8.8.
(2) A direction under subsection (1) must be reasonable.
(3) Without limiting subsection (1), the Minister or authorised person may direct the specified person to do any or all of the following—
(a) to find and gain, or arrange, access to electronically stored information—
(i) about a legacy monitoring system; or
(ii) that is specified monitoring system information;
(b) to find and gain, or arrange, access to information—
(i) about a legacy monitoring system; or
(ii) that is specified monitoring system information.
(4) A specified person must not refuse or fail to comply with a direction under subsection (1).
Penalty: 100 penalty units.
(5) In a prosecution for an offence against subsection (4), it is a defence if the defendant does not know how to, or is not able to, provide the assistance required under the direction.
(6) For the purposes of subsection (5) and without limiting that subsection, a defendant is not able to provide the assistance required under the direction if the defendant is unable to do so because of his or her terms and conditions of employment or engagement.
(7) A person must not prevent, directly or indirectly, a specified person from complying with a direction under subsection (1).
Penalty: 100 penalty units.
(8) In this section—
"specified person" means—
(a) an officer of a gaming operator;
(b) a person employed or engaged by a gaming operator or an associate who is at business premises—
(i) occupied by the gaming operator or an associate; and
(ii) used by the gaming operator for or in connection with the carrying out of monitoring activities under the gaming operator's licence;
(c) if the legacy monitoring system used by the gaming operator is not owned by the gaming operator—a person employed or engaged by a gaming operator who is at business premises—
(i) occupied by the legacy system owner; and
(ii) used for the purpose of enabling the gaming operator to carry out monitoring activities under the gaming operator's licence.
S. 3.8.11 inserted by No. 60/2011 s. 32.