(1) A person who operates as a Lotto Marketing Company without first obtaining a licence from the Board commits an offence and is liable on summary conviction t o a fine of not less than one thousand penalty units and not more than fifteen thousand penalty units or imprisonment for a term of not less than eighteen months and not more than five years or both.

(2)A person who purports to operate as a Lotto Marketing Company when the licence of that person to operate has been revoked, commits an offence and is liable on summary conviction to a fine of not less than one thousand penalty units and not more than ten thousand penalty units or imprisonment for a term of not less than eighteen months and not more than four years or both.

(3) A person who continues to operate as a Lotto Marketing Company when the licence to operate as a Lotto Marketing Company has been suspended, commits an offence and is liable on summary conviction to a fine of not less than five hundred penalty units and not more than five thousand penalty units of a term of imprisonment of not less than eighteen months and not less than three years or both.

(4) where a company or legal entity commits an offence under subsections (1), (2) or (3 ) . the offence shall be deemed to have been committed by each director and principal officer of the lotto marketing company  unless the director or principal  officer proves that the offence was committed without that director’s or principle officers consent or connivance and that  the director or principal officer exercise due diligence to prevent the commission of the offence as that director or principle officer ought to have exercised having regard to the nature of the function of that director or principal officer and the circumstances