HALPIN v. DEPARTMENT OF GAMING & RACING [2006] NSWSC 891

Reported Decision : 68 NSWLR 211

New South Wales Supreme Court

CITATION : HALPIN v. DEPARTMENT OF GAMING & RACING [2006] NSWSC 891

HEARING DATE(S) : Thursday 13 July 2006

JUDGMENT DATE : 5 September 2006

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : Appeal allowed. Leave to the parties to make submissions on the form of orders and on the question of costs.

CATCHWORDS : GAMING – Offences – Licensing Court – appeal conviction of an offence under s.133(2) Gaming Machines Act 2001 (NSW) – connection fault between licensee's gaming machine and the Central Monitoring System (CMS) via a Gaming Interface Card (GMIC) to Data Monitoring Services (DMS) (part of TAB Limited) – nature and extent of the obligation on plaintiff licensee to ensure connection where the connection fault was in the GMIC. - ACTS OF PARLIAMENT – Gaming Machines Act 2001 (NSW) – Interpretation – interpretation and application of s.132(1) and s.133(2) of that Act – the term "ensure" in this context creates an obligation or liability in the nature of strict or absolute liability – whether, however, such obligation requires a hotelier to ensure the continued transmission of electronic data to the CMS licensee - there is by the terms of those provisions a more limited obligation to ensure approved arrangements are in place, however, even if there can be said to be an ambiguity in s.132(1) and s.133(2) when read together - as the nature of such obligation or liability is quasi-criminal and the terms of s. 132(1) and s.133(2) are not plain, the principles of interpretation applicable to criminal legislation are relevant to determining the meaning and operation of the provisions.

Gaming Machines Act 2001 LEGISLATION CITED : Liquor Act 1982 Occupational Health & Safety Act 2000