Registered Clubs Act 1976 Registered Clubs Amendment (Monitoring and Links) Regulation 1998 (1998-252) [GG No 79 of 15.5.1998, p 3418] (NSW)
1998 No 252
New South Wales
Registered Clubs Amendment
(Monitoring and Links) Regulation
1998
under the
Registered Clubs Act 1976
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Registered Clubs Act 1976.
BOB MARTIN, MP
Acting Minister for Gaming and Racing
Explanatory note
Part 12 of the Registered Clubs Act I976 makes provision for the inter-club linking of gaming machines by way of authorised linked gaming systems to be run by a licensed operator and participating registered clubs. A linked gaming system involves 2 or more gaming devices (such as poker machines) at different venues being linked electronically to contribute a percentage of the money wagered on the gaming devices to a separate jackpot pool. Provision is made under the Act for TAB Limited to have an exclusive 15-year licence to operate an inter-club linked gaming system.
Division 2A of Part 10 of the Act provides that the authorised centralised monitoring system licensed under the Liquor Act 1982 will operate in respect of gaming machines in registered clubs (ie clubs are required to connect their gaming machines to the authorised CMS).
The object of this Regulation is to provide for certain administrative and regulatory detail in order to enable the implementation and operation of an
Published in Gazette No 79 of 15 May 1998, page 3418 Page 1
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Registered Clubs Amendment (Monitoring and Links) Regulation 1998
Explanatory note
inter-club linked gaming system, and for matters relating to the operation of the authorised CMS in registered clubs. In particular, this Regulation contains provisions relating to the following:
the transfer of certain functions (eg the authorisation of gaming machines in registered clubs) of the Liquor Administration Board to the CMS licensee,
the role of the CMS licensee in the assessment of duty payable in
respect of club gaming machines,
the payment by registered clubs of the monitoring fee under section
87HB of the Act,procedures for obtaining the Liquor Administration Board’s approval of the gaming devices that comprise an inter-club linked gaming system,
provisions designed to ensure the integrity of the operation of a linked gaming system (eg enabling the Minister to obtain information about key employees and to carry out probity checks),
provisions enabling the Minister to give directions to a licensee, to participating clubs and to key employees in order to control and regulate the operation of an inter-club linked gaming system,
| provisions enabling the Minister to give directions concerning certain contracts relating to a linked gaming system. |
This Regulation is made under the Registered Clubs Act 1976, including Part 12 and section 73 (the general regulation-making power), in particular section 73 (1A) (t)-(v).
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Registered Clubs Amendment (Monitoring and Links) Regulation 1998 Clause 1 Registered Clubs Amendment (Monitoring and
Links) Regulation 1998
1 Name of Regulation
This Regulation is the Registered Clubs Amendment (Monitoring and Links) Regulation 1998.
2 Amendment of Registered Clubs Regulation 1996
The Registered Clubs Regulation 1996 is amended as set out in
Schedule 1.
3 Notes
The explanatory note does not form part of this Regulation.
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(Clause 2)
Clause 23A
Insert after clause 23:
23A Definition of "outgoings" section 86 (1)
( 1 ) This clause applies to any approved gaming device that:
(a) is a specially approved gaming device within the meaning of Part 12 of the Act, and (b) is part of an authorised linked gaming system within the meaning of that Part. (2) For the purposes of the definition of outgoings in section 86 (1) of the Act, the amount that is deducted from an approved gaming device to which this clause applies in order to build a prize for the authorised linked gaming system is prescribed as an outgoing in respect of that gaming device.
Clause 24AB
Insert after clause 24A:
24AB Transfer of Board’s functions to CMS licensee: section
133A
(1)
This clause takes effect on and from the date referred to in the definition of exclusive licence period in section 200A of the Liquor Act 1982 as the operative date for the purposes of Division 4 of Part 1 1 of that Act.
( 2 ) In accordance with section 133A of the Act, any function
of the Board under the Act relating to:
(a)
the assessment of duty payable under Part 10 of the Act in respect of any approved gaming device that is connected to an authorised centralised monitoring system, or
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(b)
the authorisation of any such gaming device (but only to the extent that those authorisation functions are carried out by electronic means through the operation of an authorised CMS),
may be exercised by the CMS licensee who is operating
the authorised centralised monitoring system.Those functions include, subject to subclause (2) (b), any of the Board’s functions under sections 78, 78A, 79 and 87H (5) of the Act. However, those functions do not include any of the Board’s functions under Part 12 of the Act.
The CMS licensee may not exercise any function of the Board that would result in an approved gaming device being required to be withdrawn from operation unless the CMS licensee has the Board’s approval to do so.
this clause, the CMS licensee must: In exercising the functions of the Board as referred to in
(a) keep such records with respect to the authorisation of approved gaming devices as may be required by the Board, and (b) make such reports to the Board with respect to the authorisation of approved gaming devices as may be required by the Board, and (c) comply with such directions as may be issued by the Board.
[3] Part 4, Division 5
Insert after Division 4:
Division 5 Monitoring of approved gaming devices 30D Operation of Division This Division takes effect on and from the date referred to i n the definition of exclusive licence period in section 200A of the Liquor Act 1982 as the operative date for the purposes of Division 4 of Part I 1 of that Act.
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30E Functions of CMS licensee: section 86A
(1) In accordance with section 86A of the Act, the following provisions apply in relation to the approved gaming devices to which that section applies:
(a) within 7 days of the end of each instalment period, the CMS licensee is to issue a notice to each registered club that keeps any approved gaming device that is connected to the authorised CMS, (b) the notice is to specify: (i) the profits for the quarter as based on aggregated meter profit, and
(ii) the break-up of that profit as per each approved gaming device, and
(iii) the amount of duty payable by the registered club for the quarter,
(c) the registered club must:
(i)
deposit that amount in a bank account before the end of the 21 day period referred to in section 87A (5) of the Act, and
(ii)
make arrangements with the Board that enable the Board to access that amount.
( 2 )
It is a condition of the certificate of registration of the registered club that the club comply with subclause (1) (c).
(3)
It is a condition of the licence of the CMS licensee that a copy of each notice issued under subclause (1) is provided to the Board in accordance with such arrangements as may be made by the Board.
30F Payment of monitoring fee to CMS licensee: section
87HB
The monitoring fee payable by a registered club under section 87HB of the Act is to be paid by the registered club to the CMS licensee who is operating the authorised CMS:
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(a) in accordance with such arrangements as may be made between the club and the CMS licensee (eg by way of electronic transfer from a nominated account), or (b) if no such arrangements are made, in accordance with such other arrangements as may be approved by the Board.
[4] Part 8
Insert after Part 7 :
Part 8 Inter-club linked gaming systems
Division 1 Preliminary 57 Operation of Part This Part takes effect on and from the date referred to in the definition of exclusive licence period in section 134
of the Act as the operative date for the purposes of Part
12 of the Act.
58 Interpretation
Without limiting the generality of clause 3 (2), expressions used in this Part which are defined in Part 12 of the Act have the meanings set out in that Part.
Division 2 Approval of gaming devices 59 Specially approved gaming devices
A gaming device is a specially approved gaming device for the purposes of Part 12 of the Act if it is of a class of gaming devices that is for the time being approved by the Board in accordance with this Division.
60 Application for approval
(I)
A person may apply to the Board for the Board’s approval of a class of gaming devices for the purposes of Part 12 of the Act.
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The Board may:
(a)
investigate the application, or authorise its investigation, in order to determine whether the class of gaming devices is suitable for approval, and
(b)
require the applicant to meet the costs of the investigation as determined by the Board.
This clause does not:
(a) confer a right to have a class of gaming devices investigated, or (b) prevent the Board from terminating at its discretion an investigation of a class of gaming devices.
61 Approval process
The Board may:
(a) approve a class of gaming devices for the purposes of Part 12 of the Act, or (b) refuse to approve a class of gaming devices that is the subject of an application under clause 60. The approval of a class of gaming devices may be an interim approval pending final determination of an application under clause 60.
Without affecting the Board’s discretion, the Board may have regard to the following matters in determining whether or not to approve a class of gaming devices for the purposes of Part 12 of the Act:
( a ) whether, in the opinion of the Board, the class of gaming devices concerned meets such technical standards as the Board considers necessary to ensure gaming integrity, (b) any guidelines issued by the Board relating to linked gaming systems.
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Amendments Schedule 1 62 Revocation of approval
(1) The Board may revoke the approval of a class of gaming
devices under this Division:
(a)
if the Board considers that it should do so in the public interest, or
(b)
if the Board is satisfied that any one of the gaming devices of the class so approved has been modified without the approval of the Board, or
(c)
for such other reason as the Board thinks appropriate.
(2)
Subclause (1) (b) does not apply if, in the opinion of the Board, the modification is of a minor or insignificant nature and does not affect the gaming device’s security or integrity or the manner in which the device was designed and programmed to function.
(3)
Revocation of the Board’s approval of a class of gaming devices takes effect when written notice of the revocation is given to the licensee and participating clubs concerned, or on a later date specified in the notice.
63 Submissions by applicant
The Board may not:
(a)
terminate the investigation of an application by a person for the Board’s approval of a class of gaming devices for the purposes of Part 12 of the Act, or
(b) refuse any such application, or (c)
revoke the approval of any such class of gaming devices,
unless this clause is compiled with before i t decides to
do so.
The Board must serve on the applicant a notice in writing that:
(a) specifies the reasons why the Board is considering taking the action specified in the notice, and
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(b) gives the applicant an opportunity to show cause within such period of at least 14 days as is specified in the notice why the Board should not take that action. The applicant may, within the period allowed by the notice, arrange with the Board for the making of submissions to the Board as to why the proposed action should not be taken. The Board is to consider any such submissions.
After considering any submissions made by the applicant, or if no submissions are made, the Board may proceed with the proposed action, or refrain from taking the proposed action.
The Board's decision takes effect when written notice of its decision is given to the applicant, or on a later date specified in the notice.
Division 3 Supervision of operation of linked gaming
system
64 Licensee to inform Minister of changed circumstances
If a change of a kind specified in the Table to this c la use occurs in the circumstances that existed in relation to a licensee at the time the licensee was granted the licence, the licensee must notify the Minister in writing, not later than 14 days after the change occurs, of the particulars relating to the change that are specified in the Table in respect of that kind of change.
Table
Kinds of change Particulars to be notified Any change in the name of Particulars of those matters the licensee, the licensee's as changed. principal business address or
postal address, telephone
number or facsimile number.
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Kinds of change Particulars to be notified Any change in the Particulars of the name, membership of the board of address and date of birth of directors of the licensee. any new director. Any change in the name or Particulars of the new name address of any member of or address of the director. the board of directors of the
licensee.Any change in any direct or Particulars of the interest indirect financial interest held both before and after the by the licensee in any change. business or enterprise,
including the acquisition or
disposal of such an interest.
65 Minister may require information relating to licensees,
participating clubs and other persons
(1)
The Minister may, by notice in writing, require a licensee or a participating club, or a person who, in the opinion of the Minister, has a direct or indirect association with a licensee or a participating club:
(a)
to provide the Minister or a special inspector, in accordance with directions in the notice, with such information relevant to the licensee, the club or that association as is specified in the notice, or
(b)
to produce to the Minister or a special inspector, in accordance with directions in the notice, such documents relevant to the licensee, the club or that association as are specified in the notice and to permit examination of the documents, the taking of extracts and notes from the documents, and the making of copies of them, or
( c )
to attend before the Minister or a special inspector for examination in relation to any matters relevant to the licensee, the club or that association to answer any questions relating to those matters.
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(2) A person who fails to comply with a requirement of a
notice under this clause is guilty of an offence.Maximum penalty (subclause (2)): 50 penalty units. (3)
A natural person is not excused from complying with a notice under this clause on the ground that compliance might tend to incriminate the person. However, if the person claims, before complying with the notice, that compliance might tend to incriminate the person, information provided in compliance with the notice is not admissible in evidence against the person in criminal proceedings other than proceedings under the Act.
(4)
If documents are produced under this clause, the Minister or special inspector to whom they are produced may retain possession of them for a reasonable period so that they may be examined and extracts taken from, or copies made of, them.
(5)
The Minister or special inspector must permit inspection of the documents, at any reasonable time during which they are retained under this clause, by a person who would be entitled to inspect them if they were not in the possession of the Minister or inspector.
(6)
A person who complies with a requirement of a notice under this clause does not on that account incur a liability to another person.
66 Minister may require person to provide particulars
concerning key employees
(1)
The Minister may, by notice in writing served on a person, require the person to provide the Minister, within a reasonable time specified in the notice, with the following:
(a)
the names of all persons who are key employees of the person,
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(b)
the positions held by, and the duties of, those employees,
(c)
any other relevant particulars relating to those employees as are specified in the notice.
(2) A person who fails to comply with a requirement of a
notice under this clause is guilty of an offence.Maximum penalty: 50 penalty units.
67 Minister may require key employees to provide
information
( 1 ) The Minister may, by notice in writing served on a key
employee, require the key employee:
(a)
to consent, in accordance with directions in the notice, to having his or her photograph, finger prints and palm prints taken, and
(b )
to provide, in accordance with directions in the notice, the information (verified by statutory declaration) relevant to the key employee that is specified in the notice, and
(c)
to produce, in accordance with directions in the notice, the documents relevant to the key employee that are specified in the notice and to permit examination of the documents and the taking of extracts from, and the making of copies of, them, and
(d)
to furnish the authorities and consent that the Minister may require for the purpose of obtaining further information (including financial and other confidential information) from other persons and institutions.
(2)
The Minister is to refer to the Commissioner of Police copies of photographs, finger prints and palm prints obtained in respect of a key employee under this clause and with any supporting information that the Minister considers should be referred to the Commissioner.
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(3)
The Commissioner of Police is to inquire into, and report to the Minister on, any matters concerning the key employee that the Minister may request.
(4)
A key employee is not excused from complying with a notice under this clause on the ground that compliance might tend to incriminate the employee. However, if the employee claims, before complying with the notice, that compliance might tend to incriminate the employee, information provided in compliance with the notice is not admissible in evidence against the employee in any criminal proceedings other than proceedings under the Act.
(5)
A key employee who complies with a requirement of a notice under this clause does not on that account incur a liability to another person.
68 Failure of key employee to provide information
( 1 )
The Minister may, if a key employee refuses or fails to comply with a requirement of a notice served on the key employee under clause 67, by notice in writing, direct the licensee or other person concerned to terminate immediately and not to renew the employment or arrangement by reason of which the key employee is a key employee of the licensee or other person.
(2) A person who does not give effect to a direction given to
the person under this clause is guilty of an offence.Maximum penalty: 50 penalty units.
69 Power to terminate employment of key employee at
Minister’s direction
(1 )
This clause applies i n respect of a direction given by the Minister under this Division to an employer to terminate the employment of a key employee or the other arrangement by reason of which a key employee is a key employee of the employer.
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(2) It is taken to be a condition of any agreement or other arrangement entered into between an employer and a key employee that the employer has the rights required to enable the employer to give effect to a direction to which this clause applies. (3) Any such termination of a contract or other arrangement has effect accordingly, and neither the State nor the Minister incurs any liability by reason of that termination. (4) In this clause, employer means a licensee or other person to whom a direction to which this clause applies is given.
70 Destruction of finger and palm prints of former key employees
(1) Any finger prints or palm prints obtained under this Division, and any copies of them, are to be destroyed as soon as the key employee from whom they were obtained is no longer a key employee.
(2) A person:
(a)
who has possession of finger prints or palm prints obtained by the Minister under this Division, or copies of them, and
(b)
who fails to deliver them to the Minister, in accordance with the written directions of the Minister, to enable subclause (1) to be complied
with,
is guilty of an offence.
Maximum penalty (subclause (2)): 20 penalty units.
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71 Prejudice to integrity of operation of linked gaming system
(1)
The Minister may give a direction under this clause if the Minister is of the opinion that the integrity or apparent integrity of an authorised linked gaming system operated by a licensee is likely to be seriously prejudiced because Of
(a)
any irregularity or alleged irregularity of any kind, or
(b)
the character or reputation of any person concerned in the operation of the authorised linked gaming system, or
(c)
any other fact or circumstance reported to the Minister.
(2 ) The Minister may, for the purpose of avoiding the prejudice referred to in this clause, by notice in writing, direct a licensee, participating club or key employee to take (or to refrain from taking) any action specified in the notice in relation to the operation of the linked gaming system. (3) A person who does not comply with a direction given to
the person under this clause is guilty of an offence.Maximum penalty (subclause (3)): 50 penalty units. 72 Minister may direct licensee to terminate certain contractual arrangements
( 1 )
If a person who is a contractor of a licensee does not comply with a direction given to the person under clause 69, the Minister may, by notice in writing, direct the licensee to terminate, within a time specified in the notice, the contract or other arrangement under which the person is a contractor of the licensee.
(2)
A licensee who does not comply with a notice given to the licensee under this clause is guilty of an offence.
Maximum penalty: 50 penalty units.
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Amendments Schedule 1 It is taken to be a condition of any contract or other arrangement entered into between a licensee and a contractor that the licensee has the rights required to enable the licensee to give effect to a direction to which this clause applies.
Any such termination of a contract or other arrangement has effect accordingly, and neither the State nor the Minister incurs any liability by reason of that termination.
The Minister may exempt specified contracts or other arrangements or specified classes of contracts or other arrangements from the operation of this clause. The effect of such an exemption is that a contract or other arrangement to which the exemption applies cannot be the subject of a direction under this section.
contractor means a person who, under a contract or In this clause: other arrangement with a licensee, performs any service in connection with the operation of an authorised linked gaming system (whether or not the service is performed for fee, gain or reward) and includes an employee of the licensee and an agent of the licensee.
73 Prejudice to integrity of authorised linked gaming system involving key employee
(1)
The Minister may give a direction under this clause if the Minister is of the opinion that the integrity or apparent integrity of an authorised linked gaming system operated by a licensee is likely to be seriously prejudiced because of:
(a) the criminal record of a key employee, or (b) the character or reputation of a key employee.
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The Minister may, by notice in writing, direct:
(a) the licensee, or
(b) a contractor within the meaning of clause 72, or to terminate immediately and not to renew the employment or arrangement by reason of which the key employee is a key employee of the licensee, contractor or other person.
(c)
any other appropriate person,
A person who does not comply with a direction given to the person under this clause is guilty of an offence. Maximum penalty (subclause (3)): 50 penalty units.
Division 4 Notification, control and termination of
certain contracts relating to linked gaming
systems74 Definitions In this Division:
contract includes any kind of agreement or arrangement.
relevant contract means a contract relating to the supply of goods or services to a licensee or participating club in connection with the operation of a linked gaming system and that is:
(a)
for the purchase or servicing (or both) of any gaming device or equipment used in connection with the linked gaming system or the security arrangements in relation to the operation of the linked gaming system, or
(b)
for a total consideration of more than $1,000,000, or
( c )
a contract, or class of contract, that the Minister has specified in the conditions of the licence because it involves the public interest.
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Amendments Schedule 1 75 Notice of proposed relevant contracts or variations of
relevant contracts to be given
This clause applies only to relevant contracts that the conditions of a licence require to be notified to the Minister and so applies in respect of:
(a) such relevant contracts that are entered into after the commencement of this clause, and (b) variations of such relevant contracts, whether the contracts were entered into before or after that commencement. A licensee or participating club must not enter into or become a party to a relevant contract, or the variation of a relevant contract, to which this clause applies until the licensee or club has given the Minister written notice of the details of the proposed contract or variation of contract that are specified in the conditions of a licence and the investigation time that the Minister is allowed by this clause has elapsed.
The notice must be accompanied by the fee (if any) specified by the conditions of the licence.
The Minister may object to the proposed contract or variation of contract by notice in writing given to the licensee or participating club during the investigation time that the Minister is allowed by this clause, in which case the licensee or club must not enter into or become a
party to the contract or variation of contract. The Minister is not required, despite any rule of law to the contrary, to give reasons for an objection made under subclause (4). The Minister is allowed 28 days investigation time (starting from when the notice under subsection (2) is given to the Minister) but that time can be shortened or extended in a particular case by the Minister by notice in writing to the licensee or participating club.
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Investigation time is not to be extended unless the Minister is of the opinion that the special circumstances of the case (such as, for example, the complex nature of the inquiries that need to be made or the need to consult other persons or bodies) make the extension necessary or desirable and that public interest considerations justify the extension.
Investigation time can be extended more than once but cannot in any case be extended to more than 6 months after the notice was given to the Minister.
It is a condition of a licence that the licensee must comply with this clause.
The certificate of registration of a participating club is subject to the condition that the club complies with this clause.
Failure to comply with this clause does not affect the validity of any contract or variation of contract.
76 Notice to show cause why relevant contract should not
be terminated
The Minister may serve on each party to a relevant contract a notice in writing giving the party an opportunity to show cause within 14 days why the contract should not be terminated on the ground that i t is not in the public interest for the contract to remain in force.
The notice is to specify the reasons why i t is considered that i t is not in the public interest for the contract to remain in force.
submissions as to why the contract should not be in the notice, arrange with the Minister for the making of A party to the contract may, within the period specified terminated.
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Amendments Schedule 1 The Minister may:
(a) after considering any submissions so made, or (b) if no arrangements are made within the period specified in the notice, or no submissions are received in accordance with arrangements made, by notice in writing served on each party to the contract, require the contract to be terminated within a time specified in the notice.
If a contract is not terminated as required by a notice, it
is terminated as and from the expiration of the time specified in the notice for the termination of the contract.
This clause applies to relevant contracts whether entered into before or after the commencement of this clause.
77 Effect of termination If a contract is terminated in accordance with this
Division:
(a)
the termination does not affect a right acquired, or a liability incurred, before the termination by a person who was a party to the contract, as a result
of the performance before the termination of any
obligation imposed by the contract, and
(b)
no liability for breach of contract is, by reason only of that termination, incurred by a person who was a party to the contract, and
(c)
neither the State nor the Minister incurs any liability by reason of that termination.
78 Parties to terminated contract must not give effect to it
A party to a contract terminated in accordance with this Division who gives further effect to the contract is guilty of an offence.
Maximum penalty: 50 penalty units.
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79 Parties to contract may be required to provide
information
Clause 65 applies to a party to a relevant contract in the same way as it applies to a licensee.
Division 5 Miscellaneous provisions 80 Investigations
( 1 )
The Minister may appoint a person to investigate and report on matters and circumstances specified by the Minister relating to:
the operation of an authorised linked gaming
system, ora licensee, participating club or a person who, in the opinion of the Minister, is an associate of a licensee or participating club, or
a specified person who, or a specified class of persons which includes persons who, in the opinion of the Minister, could affect the operation of an authorised linked gaming system, or
opinion of the Minister, could be in a position to persons which includes persons who, in the a specified person who, or a specified class of exercise direct or indirect control over a licensee or participating club, in relation to the operation of an authorised linked gaming system.
(2 ) A person appointed to carry out an investigation may, for
the purpose of the investigation, exercise:
(a )
the functions conferred by clause 65 on the Minister, and
(b)
any other functions of the Minister specified by the Minister in the instrument of appointment.
(3)
The exercise of functions under this clause by a person other than the Minister has effect as if the functions had been exercised by the Minister.
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Amendments Schedule 1 81 Unlawful interference with linked gaming systems
(1) A person must not: possess any equipment that is made or adapted, or intended by the person to be used, for interfering with the normal operation of an authorised linked gaming system (including any gaming device that is part of the system), or
do anything calculated, or likely, to interfere with the normal operation of an authorised linked gaming system (including any gaming device that is part of the system), or
do anything calculated to render a gaming device that is part of an authorised linked gaming system incapable, even temporarily, of producing a winning combination. Maximum penalty: 50 penalty units.
( 2 )
Subclause ( 1) does not apply to or in respect of the possession of any equipment, or to anything done in good faith, i n connection with the installation, alteration, adjustment, maintenance or repair of an authorised linked gaming system by:
(a)
the licensee operating the authorised linked gaming system, or
(b)
a technician within the meaning of Part 5 of the Liquor Regulation 1996, or
(c) any other person approved by the licensee (3)
A person must not, with intent to dishonestly obtain money or a financial advantage for himself or herself or another person, insert in a gaming device that is part of an authorised linked gaming system anything other than:
(a)
a coin or token of the denomination or type displayed on the gaming device as that to be used to operate the device, or
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(b) a banknote of a denomination approved by the Board for use in order to operate the gaming device, or (c) a card of a type approved by the Board for use in order to operate the gaming device. A person must not gain, whether personally or for another person, an advantage in the operation of a gaming device that is part of an authorised linked gaming system as the result of knowing about any faulty or fraudulent computer programming in relation to the system.
act in a way that is an offence under another provision of A person must not authorise or permit another person to this clause.
Maximum penalty (sublauses (3)-(5)): 50 penalty units.
82 Illegal advantage with respect to linked gaming systems
A person must not, during the design, manufacture, assembly, installation, maintenance or repair of an authorised linked gaming system, dishonestly make provision to gain an advantage (whether or not for another person) in the operation of the linked gaming system.
Maximum penalty: 50 penalty units.
A person who, as a result of gross negligence during the design, manufacture, assembly, installation, maintenance or repair of an authorised linked gaming system, makes provision to gain an advantage (whether or not for another person) in the operation of the linked gaming system is guilty of an offence.
Maximum penalty: 50 penalty units.
A person must not do anything to an authorised linked gaming system in order to conceal anything that is an offence under subclause (1) or (2). Maximum penalty: 50 penalty units.
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(4)
A person must not authorise or permit another person to act in a way that is an offence under another provision of this clause.
Maximum penalty: 50 penalty units.
83 Removal of linked gaming system from registered club
(1) A person (including a participating club) must not, without the consent of the Minister, remove, or cause to be removed, an authorised linked gaming system that has been installed in a registered club. Maximum penalty: 50 penalty units. (2) Subclause (1) does not apply to:
(a) the licensee who is operating the authorised linked gaming system, or (b) a person approved by the licensee to remove the linked gaming system.
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