(1) Subject to section 76ZZAAB , a totalizator operator may
establish an agency in premises occupied by another person (referred to in
this section as "the agent" ) at and through which players may engage in
gaming and wagering with or through the totalizator operator under its
Tasmanian gaming licence.
(2) In respect of gaming and wagering conducted at and through the
approved outlet –
(a) the actions of the agent are taken to be actions of the totalizator
operator; and
(b) if any of those actions would constitute a prescribed offence if committed
by the totalizator operator, proceedings for the prescribed offence may be
brought against the agent in the same manner as if the agent were the
totalizator operator (whether or not proceedings are brought against the
totalizator operator).
(3) Without limiting subsection (2)(a) , if the agent commits an
offence under this Act in respect of gaming or wagering conducted at or
through an agency –
(a) the totalizator operator is also taken to have committed the offence; and
(b) proceedings for the offence may be brought against the totalizator
operator (whether or not proceedings are brought against the agent).
(4) However, in proceedings brought against the totalizator operator
pursuant to subsection (3) , it is a defence if the totalizator operator
establishes that it –
(a) issued written instructions and took reasonable precautions to ensure
compliance with this Act; and
(b) did not know the offence had been committed; and
(c) could not reasonably have prevented the commission of the offence.
(5) Any agreement that is repugnant to or purports to oust or qualify
the operation of this section is, to that extent, void and unenforceable.
