Part 4Harm prevention and minimisation, enforcement, and other matters
Age restriction on certain gambling
302Age restriction on class 4 gambling
Every person under 18 years commits an offence who participates in class 4 gambling.
Every corporate society commits an offence that allows a person under 18 years to participate in class 4 gambling at a venue for which it holds a class 4 venue licence.
Every venue manager or person who is a key person at a class 4 venue commits an offence who allows a person under 18 years to participate in class 4 gambling at the venue where the manager or person is employed.
It is a defence to a charge under subsection (2) if the defendant proves that—
- the offence was committed without the knowledge of the defendant; and
- the defendant had reasonable grounds to believe that there were effective procedures operating to minimise the possibility of a person under 18 years participating in class 4 gambling.
It is a defence to a charge under subsection (3) if the defendant proves that the defendant had reasonable grounds to believe that the person to whom the charge relates was 18 years or over.
Without limiting subsection (5), reasonable grounds exist for the purposes of that subsection if the defendant proves that the defendant had sighted an evidence of age document of the person to whom the charge relates, indicating that the person was 18 years or over.
Every person who commits an offence—
- against subsection (1) is liable on
conviction to a fine not exceeding $500: - against subsection (2) is liable on
conviction to a fine not exceeding $5,000: - against subsection (3) is liable on
conviction to a fine not exceeding $1,000.
Notes
- Section 302(5): amended, on , by section 96 of the Gambling Amendment Act 2015 (2015 No 3).
- Section 302(6): amended, on , by section 96 of the Gambling Amendment Act 2015 (2015 No 3).
- Section 302(7)(a): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
- Section 302(7)(b): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
- Section 302(7)(c): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).


