Victorian Current Acts Victorian Current ActsS. 3.5.21(1) amended by Nos 58/2009 s. 134(2), 28/2022 s. 44.
(1) A venue operator must not allow a gaming machine that is installed in an approved venue of the venue operator to be played, other than for testing purposes, if—
(a) it does not function in the manner in which it was designed and programmed to function; or
S. 3.5.21(1)(b) amended by No. 58/2009 s. 134(1).
(b) any related gaming equipment or monitoring equipment does not function in the manner in which it was designed and programmed to function in relation to that gaming machine—
until the gaming machine, gaming equipment or monitoring equipment is functioning in the manner in which it was designed and programmed to function.
Penalty: 100 penalty units.
S. 3.5.21(2) amended by No. 68/2009 s. 97(Sch. item 62.12).
(2) It is a defence to a prosecution for an offence against subsection (1) to prove that the accused—
(a) had taken all reasonable precautions to ensure that the gaming machine was functioning in the manner in which it was designed and programmed to function; and
(b) at the time of the alleged offence, did not know, and ought not to have known, that the gaming machine was not functioning in the manner in which it was designed and programmed to function.