312 Offences relating to breach of exclusion order

(1)

Every person commits an offence who enters the gambling area of a class 4 venue or casino venue—

(a)

in breach of an exclusion order issued under section 309(3) or 310(1); or

(b)

in breach of a condition of re-entry imposed under section 309(4) or 310(2).

(2)

Every venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, commits an offence who, after having received a request under section 310(1) that includes the information specified in section 310(1A), fails to issue an exclusion order to a self-identified problem gambler.

(3)

Every venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, commits an offence who—

(a)

allows a person who is subject to an exclusion order under section 310(1) to enter the gambling area of a class 4 venue or casino venue; or

(b)

fails to remove a person who has entered those areas—

(i)

in breach of an exclusion order issued under section 310(1); or

(ii)

in breach of a condition of re-entry imposed under section 310(2).

(4)

It is a defence to a charge under subsection (3) if the defendant proves that—

(a)

there were procedures in place at the venue to prevent a person subject to an exclusion order issued under section 310(1) from entering, or remaining in, the gambling area of the class 4 venue or casino venue; and

(b)

the defendant had reasonable grounds to believe that those procedures would be effective in preventing a person subject to an exclusion order issued under section 310(1) from entering, or remaining in, the gambling area of the class 4 venue or casino venue; and

(c)

despite the breach of subsection (3), the defendant took all reasonable steps to ensure that those procedures were complied with.

(5)

Every person who commits an offence—

(a)

against subsection (1) is liable on conviction to a fine not exceeding $500:

(b)

against subsection (2) or (3) is liable on conviction to a fine not exceeding $5,000.

Section 312: replaced, on 3 March 2015, by section 102 of the Gambling Amendment Act 2015 (2015 No 3).