118 Certain persons must not seek, receive, or offer benefits with improper conditions attached

(1)

A holder of, or key person in relation to, a class 4 operator’s licence or a class 4 venue licence must not knowingly receive or seek money, a benefit, an advantage, a privilege, or a gift from the following persons if the receipt has an improper condition attached to it and whether the receipt or condition is direct, indirect, formal, informal, or otherwise:

(a)

a grant recipient or potential grant recipient:

(b)

a person that sells, repairs, services, or maintains gambling equipment.

(2)

A key person in relation to a class 4 venue licence must not knowingly receive or seek money, a benefit, an advantage, privilege, or gift from the following persons, if the receipt has an improper condition attached to it and whether the receipt or condition is direct, indirect, formal, informal, or otherwise:

(a)

a holder of a class 4 operator’s licence:

(b)

a key person in relation to a class 4 operator’s licence.

(3)

A holder of, or key person in relation to, a class 4 operator’s licence, or person that sells, repairs, services or maintains gambling equipment must not knowingly offer money, a benefit, an advantage, a privilege, or a gift to the following persons if the receipt has an improper condition attached to it and whether the receipt or condition is direct, indirect, formal, informal, or otherwise:

(a)

a grant recipient or potential grant recipient:

(b)

a key person in relation to a class 4 venue licence.

(3A)

Any other person involved in making decisions on grant applications made to the holder of a class 4 operator’s licence must not knowingly receive or seek money, a benefit, an advantage, a privilege, or a gift from a grant recipient (or potential grant recipient) if the receipt has an improper condition attached to it, and whether the receipt or condition is direct, indirect, formal, informal, or otherwise.

(3B)

A holder of a class 4 operator’s licence or a class 4 venue licence, or a key person in relation to a class 4 operator’s licence or a class 4 venue licence, must not knowingly receive any money, a benefit, an advantage, a privilege, or a gift that could reasonably be perceived as influencing decisions taken, or to be taken, on applications for grants, whether the receipt is direct, indirect, formal, informal, or otherwise.

(4)

To avoid doubt, subsections (2) and (3) do not prevent the holder of a class 4 operator’s licence from paying a key person in relation to a class 4 venue the costs associated with the class 4 venue if the payment—

(a)

complies with section 115 and regulations made under section 371; and

(b)

is consistent with the relevant venue agreement; and

(c)

is otherwise lawful.

(5)

A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding $10,000.

(6)

To avoid doubt, this section applies whether—

(a)

where an improper condition is an element of an offence, the condition is attached either before or after the money, benefit, advantage, privilege, or gift is received by the person concerned; or

(b)

any money, benefit, advantage, privilege, or gift is actually received by the person concerned.

Section 118 heading: amended, on 21 October 2015, by section 27(1) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 118(1): amended, on 21 October 2015, by section 27(2) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 118(2): amended, on 21 October 2015, by section 27(2) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 118(2)(a): amended, on 21 October 2015, by section 27(3) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 118(2)(b): amended, on 21 October 2015, by section 27(3) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 118(3): amended, on 21 October 2015, by section 27(2) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 118(3A): inserted, on 3 March 2015, by section 73(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 118(3A): amended, on 21 October 2015, by section 27(2) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 118(3B): inserted, on 21 October 2015, by section 27(4) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 118(4): replaced, on 21 October 2015, by section 27(4) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 118(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 118(6)(a): amended, on 21 October 2015, by section 27(5) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 118(6)(a): amended, on 3 March 2015, by section 73(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 118(6)(b): amended, on 3 March 2015, by section 73(2) of the Gambling Amendment Act 2015 (2015 No 3).