Part 14 Criminal proceedings and related matters
(1) In any proceedings under this Act (whether or not for an offence under this Act or the regulations), any one or more of the following allegations is taken to be proved unless the contrary is proved:(a) that a specified gaming machine is or is not an approved gaming machine,(b) (Repealed)(c) that a specified hotelier, or a specified club, is or is not authorised to keep an approved gaming machine or a specified number of approved gaming machines,(c1) that a specified hotelier or club has or has not entered into arrangements under section 46 for problem gambling counselling services to be made available for patrons of the hotel or club concerned,(c2) that a specified hotelier or club has or has not entered into an arrangement under section 49 for the establishment and conduct of self-exclusion schemes in the hotel or on the premises of the club,(d) that a specified person is or is not the holder of a gaming-related licence or a specified kind of gaming-related licence,(e) that a specified gaming-related licence has been suspended,(e1) that a specified person is or is not a CMS licensee,(f) that a specified person is an inspector,(g) that a specified person is the Director-General,(h) (Repealed)(i) that a specified person is the secretary of a club,(j) that a specified person is the a delegate of an office holder within the meaning of section 208,(k) that a specified form is or is not a form approved by the Authority.(2) In any proceedings for an offence under this Act or the regulations, an allegation that, at a specified time, a person was under the age of 18 years is evidence of the truth of the allegation unless the defendant denies the allegation in the manner prescribed by the regulations.
(1) Proceedings for an offence under this Act or the regulations are to be dealt with summarily before the Local Court.(2) Proceedings for an offence under this Act or the regulations may be commenced within but not later than 12 months after the date on which the offence is alleged to have been committed.
In addition to any other penalty that a court may impose for an offence committed by a hotelier, club or holder of a gaming-related licence under this Act or the regulations, the court may, if it thinks it appropriate, do any one or more of the following:(a) cancel the hotel licence, club licence or gaming-related licence concerned,(b) cancel, suspend or modify any authorisation or approval under this Act for the hotelier or club to keep approved gaming machines,(c) disqualify the hotelier or club from keeping approved gaming machines for such period as the court thinks fit,(d) impose a condition to which the hotel licence, club licence or gaming-related licence is to be subject or revoke or vary a condition to which the hotel licence, club licence or gaming-related licence is subject,(e) suspend the hotel licence, club licence or gaming-related licence for such period, not exceeding 12 months, as the court thinks fit,(f) disqualify the holder of the gaming-related licence from holding a gaming-related licence for such period as the court thinks fit,(g) reprimand the hotelier, club or holder of the gaming-related licence.
(1) In addition to or as an alternative to:(a) any disciplinary action that the Authority may take under Part 8, or(b) any penalty that a court imposes in any proceedings in which it finds a person guilty of an offence under this Act or the regulations (being an offence that is prescribed by the regulations for the purposes of this section),the Authority or the court (as the case requires) may make an order requiring a responsible person to undertake any specified course of training that the Authority or the court considers will promote responsible practices in relation to the keeping and operation of approved gaming machines in the hotel or on the premises of the club concerned.(2) A person who, without lawful excuse, fails to comply with an order under this section is guilty of an offence.Maximum penalty: 20 penalty units.
(3) For the purposes of this section, responsible person means:(a) in the case of a hotel—the hotelier, the manager of the hotel or any other person involved in the conduct of gambling activities in the hotel, and(b) in the case of a club—the secretary of the club or any director or employee of the club.
199A Liability of directors etc for offences by corporation—accessory to the commission of the offences
(1) For the purposes of this section, a corporate offence is an offence against this Act or the regulations that is capable of being committed by a corporation.(2) A person commits an offence against this section if:(a) a corporation commits a corporate offence, and(b) the person is:(i) a director of the corporation, or(ii) an individual who is involved in the management of the corporation and who is in a position to influence the conduct of the corporation in relation to the commission of the corporate offence, and(c) the person:(i) aids, abets, counsels or procures the commission of the corporate offence, or(ii) induces, whether by threats or promises or otherwise, the commission of the corporate offence, or(iii) conspires with others to effect the commission of the corporate offence, or(iv) is in any other way, whether by act or omission, knowingly concerned in, or party to, the commission of the corporate offence.Maximum penalty: The maximum penalty for the corporate offence if committed by an individual.
(3) The prosecution bears the legal burden of proving the elements of the offence against this section.(4) The offence against this section can only be prosecuted by a person who can bring a prosecution for the corporate offence.(5) This section does not affect the liability of the corporation for the corporate offence, and applies whether or not the corporation is prosecuted for, or convicted of, the corporate offence.(6) This section does not affect the application of any other section of this Act or any other law relating to the criminal liability of any persons (whether or not directors or other managers of the corporation) who are concerned in, or party to, the commission of the corporate offence.
200 Offences by corporate hoteliers
(1) If a hotelier that is a corporation contravenes (whether by act or omission) any provision of this Act or the regulations, each person who occupies a position of authority in the corporation is taken to have contravened the provision if the person knowingly authorised or permitted the contravention.(2) If a hotelier that is a corporation is taken to have contravened (whether by act or omission) a provision of this Act or the regulations by reason of a contravention by the manager of the hotel, each person who occupies a position of authority in the corporation is taken to have contravened the provision if the person knowingly authorised or permitted the contravention.(3) A person may be proceeded against and convicted under a provision in accordance with this section whether or not the corporation or manager of the hotel has been proceeded against or convicted.(4) This section does not affect any liability imposed on a corporation or the manager of a hotel for an offence committed by the corporation or manager under this Act or the regulations.
201 Liability of secretary of club and members of governing body
(1) If a club contravenes a provision of this Act or the regulations, the secretary and members of the governing body of the club are, whether or not the club is convicted for the contravention, each taken to have contravened the provision if the person charged knowingly authorised or permitted the contravention.(2) Nothing in this section affects any liability imposed on a club for a contravention of a provision of this Act or the regulations.
202 Liability of management and directors of corporate holders of gaming-related licences
(1) If the holder of a gaming-related licence that is a corporation contravenes a provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is, whether or not the corporation has been convicted for the contravention, taken to have contravened the provision if the person knowingly authorised or permitted the contravention.(2) This section does not affect any liability imposed on a corporation for a contravention of this Act or the regulations.
(1) An authorised officer may serve a penalty notice on a person (including a hotelier or club) if it appears to the officer that the person has committed an offence under this Act or the regulations and the offence is one that is stated by the regulations to be an offence to which this section applies.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay within a time and to a person specified in the notice the amount of penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice may be served personally or by post.(4) If the amount of penalty prescribed for the purposes of this section for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence, except proceedings under Part 8.(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any civil proceeding arising out of the same occurrence.(6) However, when a penalty is paid under this section in respect of a penalty notice served on a person, the person is for the purposes of Part 8 taken to have been convicted of the offence to which the penalty notice related.(7) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences.(8) The amount of a penalty prescribed under this section for an offence must not exceed the maximum amount of penalty which could be imposed for the offence by a court.(9) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.(10) In this section:authorised officer means a police officer or an inspector.
203A Forfeiture and seizure of gaming machines
(1) If, in any proceedings before it, a court determines that this Act or the regulations, or a condition of a gaming-related licence, has been contravened in relation to an approved gaming machine, the court may order the forfeiture to the Crown of the gaming machine and any money found in it.(2) A police officer may seize and carry away anything that the police officer reasonably suspects may be liable to forfeiture under this section or which a court has ordered to be forfeited to the Crown, including any money in an approved gaming machine at the time of its seizure.