§ 28 — Proxy gambling outside of gaming machine room

28.—(1) This section applies only in respect of the playing of a gaming machine that is played by —(a)

inserting a coin or gaming token into the machine;

(b)

causing gaming machine credits to be registered by the machine;

(c)

making a bet on the machine; or

(d)

causing the activation of any process relating to the gaming machine game of the machine,

such as but not limited to a jackpot machine.

(2) An individual who is, by virtue of section 7(5), regarded as participating in a game of chance using a gaming machine located in a gaming machine room and a player of the game, even though he or she is not in the same gaming machine room, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(3) To avoid doubt, subsection (2) applies whether or not the individual —(a)

who is in a gaming machine room; and

(b)

who participates in a game of chance using a gaming machine located in the gaming machine room on behalf of an accused charged with an offence under subsection (1),

is convicted of any offence under the provisions of this Act.

(4) An offence under this section is an arrestable offence.

(5) Strict liability applies to an offence under subsection (2).

—(1) This section applies only in respect of the playing of a gaming machine that is played by —(a)

inserting a coin or gaming token into the machine;

(b)

causing gaming machine credits to be registered by the machine;

(c)

making a bet on the machine; or

(d)

causing the activation of any process relating to the gaming machine game of the machine,

such as but not limited to a jackpot machine.

(2) An individual who is, by virtue of section 7(5), regarded as participating in a game of chance using a gaming machine located in a gaming machine room and a player of the game, even though he or she is not in the same gaming machine room, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(3) To avoid doubt, subsection (2) applies whether or not the individual —(a)

who is in a gaming machine room; and

(b)

who participates in a game of chance using a gaming machine located in the gaming machine room on behalf of an accused charged with an offence under subsection (1),

is convicted of any offence under the provisions of this Act.

(4) An offence under this section is an arrestable offence.

(5) Strict liability applies to an offence under subsection (2).