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GAMING MACHINE ACT 2004 - SECT 39

Offence—failure to comply with condition

    (1)     A licensee commits an offence if—

        (a)     the licensee's licence is subject to a condition; and

        (b)     the licensee fails to comply with a requirement of the condition.

Maximum penalty: 100 penalty units.

    (2)     A licensee commits an offence if—

        (a)     an authorisation certificate held by the licensee is subject to a condition; and

        (b)     the licensee fails to comply with a requirement of the condition.

Maximum penalty: 100 penalty units.

    (3)     An offence against this section is a strict liability offence.

Note     Conditions on licences and authorisation certificates are imposed by the commission and by other parts of the Act, as well as by this part.

    (4)     Subsections (1) and (2) do not apply if the licensee took all reasonable steps to comply with a requirement of the condition.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).



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