(1)  A venue operator, casino operator, keno operator or monitoring operator must not allow gaming equipment that–

(a) is installed in the approved venue of a venue operator or casino operator; and

(b) does not function in the manner in which it was designed and programmed to function–

to be played, other than for testing purposes, until it is functioning in the manner in which it was designed and programmed to function.

Penalty:  Fine not exceeding 100 penalty units.

(1A)  A person listed on the Roll who manufactures approved gaming equipment or supplies approved gaming equipment to a prescribed licence holder which does not function in the manner in which it was designed and programmed to function or to a standard approved by the Commission is guilty of an offence.

Penalty:  Fine not exceeding 100 penalty units.

(2)  It is a defence to a prosecution for an offence against subsection (1) for the defendant to prove that he or she –

(a) had taken all reasonable precautions to ensure that the gaming equipment 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 equipment was not functioning in the manner in which it was designed and programmed to function.