New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 139

139 Control of information obtained by CMS licensee

(1) A CMS licensee and any director, officer, employee or agent of a CMS licensee who acquires CMS information must not make use of CMS information or directly or indirectly make a record of or divulge it to another person except:

(a) in the course of and for the purposes of the operation of an authorised CMS, or

(b) as may be authorised by the regulations.

Maximum penalty: 50 penalty units.

(2) A CMS licensee must not use or divulge any CMS information (whether or not in the course of or for the purposes of the operation of an authorised CMS) in contravention of the regulations.

Maximum penalty: 100 penalty units.

(3) The regulations may make provision for or with respect to the following:

(a) authorising the recording, divulging and use of CMS information,

(b) imposing restrictions, including prohibitions, on the use of CMS information by a CMS licensee (whether or not that use is in the course of or for the purposes of the operation of an authorised CMS),

(c) requiring the payment of fees in connection with the use or divulging of CMS information, and providing for the person to whom any such fee is to be paid (including the State) and for the recovery of any unpaid fees.

(4) The provisions of section 206 (2)-(7) extend to information to which this section applies as if they formed part of this section, but with subsection (4) of that section modified to read as follows:

(4) An authority or person to which or to whom information is divulged under this section, and a person or employee under the control of that authority or person, are, in respect of that information, subject to the same rights, privileges and duties under this section as the authority or person would be if that authority, person or employee were an employee of a CMS licensee and had acquired the information in the course of the operation of an authorised CMS.

(5) In this section:
"CMS information" means information acquired in the course of the operation of an authorised CMS.