Gaming Machines Act 2001 No 127
Current version for 1 January 2014 to date (accessed 24 November 2014 at 10:57)
Part 6Section 70

70   Possession of approved gaming machine by unauthorised person

(1)  A person who is in possession of an approved gaming machine is guilty of an offence unless the person:
(a)  is the holder of a gaming-related licence, or
(b)  is a hotelier or club lawfully in possession of the approved gaming machine, or
(c)  has possession of the approved gaming machine in the ordinary course of a business involving the transportation or storage of goods, or
(d)  is an inspector exercising functions under this Act, or
(e)  is in lawful possession of the approved gaming machine as a consequence of its seizure under the authority of a search warrant under section 184.

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

(2)  This section does not apply to the possession of an approved gaming machine:
(a)  by a hotelier if the hotel licence has been cancelled under the Liquor Act 2007 and the possession has not extended beyond a reasonable time after the cancellation, or
(b)  by a club if:
(i)  the club has been disqualified from holding a licence under the Liquor Act 2007 and the period of disqualification has not expired, or
(ii)  the licence of the club has been cancelled under the Liquor Act 2007,
and the possession has not extended beyond a reasonable time after the disqualification or cancellation.
(3)  This section does not apply to a person in possession of an approved gaming machine if:
(a)  the possession resulted from the exercise of a power conferred on the person by a mortgage and has not extended beyond 21 days after the exercise of the power, or
(b)  if the person obtained possession of the gaming machine by exercising a power or proprietary right under financial or other arrangements approved by the Authority and has not retained possession beyond 21 days after the exercise of the power.
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