85Disabling gambling equipment

1. The Secretary may disable or seal gambling equipment, without prior notice to the holder of the class 4 operator’s licence or class 4 venue licence, the venue operator, or the venue manager, if the Secretary believes, on reasonable grounds, that the gambling equipment does not comply with minimum standards, or is faulty, or has been tampered with.

2. The Secretary must enable or unseal gambling equipment if the Secretary no longer believes, on reasonable grounds, that the gambling equipment does not comply with minimum standards, or is faulty, or has been tampered with or the Secretary is satisfied that the problem has been, or will be, rectified.

3. A disablement or subsequent enablement may—

4. be effected manually or by means of an electronic monitoring system; and
5. result from a decision of the Secretary or occur automatically by the operation of an electronic monitoring system.

6. A disablement or sealing is not a suspension or cancellation of a class 4 operator’s licence or a class 4 venue licence.

7. The Secretary may disable or subsequently enable—

8. a particular item of gambling equipment at a venue; or
9. all gambling equipment at a venue; or
10. all or some gambling equipment at various venues.

11. If a fault in the electronic monitoring system or the telecommunications system used to operate the electronic monitoring system causes gambling equipment not to operate, the Crown or a person appointed under section 88 to implement and operate the system is not liable for any compensation to any person for loss or damage caused by the failure of the equipment to operate.