28. Proxy gambling outside of gaming machine room

This section applies only in respect of the playing of a gaming machine that is played by —

An individual who is, by virtue of section 7(5), regarded as participating in a game of chance using a gaming machine located in a gaming machine room and a player of the game, even though he or she is not in the same gaming machine room, shall be guilty of an offence and 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.

To avoid doubt, subsection (2) applies whether or not the individual —

An offence under this section is an arrestable offence.

Strict liability applies to an offence under subsection (2).