(1) A person who operates a game of chance at a club which is not a casino without a valid license to do so commits an offence and is liable on summary conviction to a fine of not less than one thousand penalty units or imprisonment for a term of not less than three years or both.

(2) Where an offence is committed under subsection (1), or under section 61 by a company each director of the company is liable to the penalty provided in that subsection unless the director proves that the offence was committed without the director’s consent or connivance and that the director exercised due diligence to prevent the commission of the offence as the director ought to have exercise having regard to the nature of the function of the director and the circumstances.