s 39 Unlawful interference with requisite surveillance system
39. —(1) A person who — ( a ) has possession of a device made or adapted, or intended by the person to be used, for interfering with the normal operation of a requisite surveillance system in an approved gambling venue; or ( b ) does anything calculated, or likely to interfere with the normal operation of a requisite surveillance system in an approved gambling venue, shall be guilty of an offence. (2) Subsection (1) does not apply to anything done in good faith in connection with — ( a ) the installation, alteration, adjustment, maintenance or repair by a recognised technician of any part of a requisite surveillance system in an approved gambling venue; ( b ) the carrying out of any installation, alteration, adjustment, maintenance or repair to effect a change to any part of the requisite surveillance system that is directed by the Authority under any provision of this Act; or ( c ) the exercise by a police officer or an authorised officer of a function conferred or imposed by or under any provision of this Act. (3) A person who — ( a ) dishonestly, or because of gross negligence; and ( b ) during the design, manufacture or assembly of any part of the requisite surveillance system of an approved gambling venue, makes provision (including by fraudulent computer programming) to subsequently gain any money or money equivalent or any financial benefit for that person or another person or any advantage in the operation of a requisite surveillance system shall be guilty of an offence. (4) A person who is guilty of an offence under subsection (1) or (3) 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. (5) An offence under this section is an arrestable offence. —(1) A person who — ( a ) has possession of a device made or adapted, or intended by the person to be used, for interfering with the normal operation of a requisite surveillance system in an approved gambling venue; or ( b ) does anything calculated, or likely to interfere with the normal operation of a requisite surveillance system in an approved gambling venue, shall be guilty of an offence. (2) Subsection (1) does not apply to anything done in good faith in connection with — ( a ) the installation, alteration, adjustment, maintenance or repair by a recognised technician of any part of a requisite surveillance system in an approved gambling venue; ( b ) the carrying out of any installation, alteration, adjustment, maintenance or repair to effect a change to any part of the requisite surveillance system that is directed by the Authority under any provision of this Act; or ( c ) the exercise by a police officer or an authorised officer of a function conferred or imposed by or under any provision of this Act. (3) A person who — ( a ) dishonestly, or because of gross negligence; and ( b ) during the design, manufacture or assembly of any part of the requisite surveillance system of an approved gambling venue, makes provision (including by fraudulent computer programming) to subsequently gain any money or money equivalent or any financial benefit for that person or another person or any advantage in the operation of a requisite surveillance system shall be guilty of an offence. (4) A person who is guilty of an offence under subsection (1) or (3) 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. (5) An offence under this section is an arrestable offence.