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Legislative Assembly for the ACT: 2004 Week 06 Hansard (Thursday, 24 June 2004) . . Page.. 2758 ..

43B Existing  note acceptors

(1) This section applies if, immediately before the commencement of this Act, a gaming machine with a note acceptor was on licensed premises.

(2) The commission may, in writing, exempt the licensee from the operation of section 43A in relation to the gaming machine for the period stated in the exemption.

(3) However, the commission may exempt a licensee only for the period the commission considers is reasonable to allow the licensee to remove the note acceptor.

(4) An exemption is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(5) This section expires on 1 January 2008.

9

Clause 153

Page 98, line 1—

omit clause 153, substitute

153 Cash  facilities on licensed premises

(1) A licensee commits an offence if the licensee provides any of the following in a gaming area in the licensed premises:

(a) an automatic teller machine;

(b) an EFTPOS facility;

(c) any other facility for gaining access to cash or credit.

Maximum penalty: 50 penalty units.

Note The Criminal Code, pt 2.4 (Extensions of criminal responsibility) extends this offence to cover situations where the licensee does not personally provide a cash facility but allows the provision of the facility by someone else.

(2) A licensee commits an offence if the licensee provides an automatic teller machine in the licensed premises in a place other than a gaming area.

Maximum penalty: 50 penalty units.

153A Existing  automatic teller machines in licensed premises

(1) This section applies if, immediately before 1 January 2005—

(a) there was an automatic teller machine in licensed premises; and

(b) the automatic teller machine was not in a gaming area.

(2) The commission may, in writing, exempt the licensee from the operation of section 153 (2) (which makes it an offence to provide an automatic teller machine in licensed premises) in relation to the automatic teller machine for the period stated in the exemption.

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