New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 4

4 Definitions

(1) In this Act--

"approved ancillary CMS service" means an additional service that may be provided by a CMS licensee using CMS infrastructure or CMS information and that is approved by the Minister under section 136D.

"approved gaming machine" means a gaming machine declared under section 64 to be an approved gaming machine and includes--

(a) any subsidiary equipment approved by the Authority for use in connection with the gaming machine, and

(b) any component of the gaming machine (other than a component prescribed by the regulations as not being part of the gaming machine), and

(c) any specially approved gaming machine within the meaning of section 141.

"authorised CMS" means a CMS that is operated under the authority of a CMS licence.

"authorised linked gaming system" means--

(a) an authorised inter-hotel linked gaming system within the meaning of Part 10, or

(b) an authorised inter-club linked gaming system within the meaning of that Part.

"Authority" means the Independent Liquor and Gaming Authority constituted under the Gaming and Liquor Administration Act 2007 .

"Board" has the meaning given to it under this section immediately before the substitution of this definition by Schedule 3 to the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007 .

"centralised cash control equipment" means any equipment or system by means of which, in return for a cash payment made to a hotelier or club, the operation of an approved gaming machine kept in the hotel or on the premises of the club may, without the insertion of money, be commenced and, at least to the extent of the cash payment, continued.

"centralised monitoring system" (or
"CMS" ) means a system that--

(a) monitors the operation and performance of approved gaming machines, and

(b) facilitates the calculation and collection of tax under the Gaming Machine Tax Act 2001 that is payable in respect of approved gaming machines, and

(c) is capable of performing other related functions.

"close associate" means a close associate within the meaning of the Gaming and Liquor Administration Act 2007 .

"club" means a club that holds a club licence.

"club licence" means a club licence granted under the Liquor Act 2007 and
"club premises" (or
"premises of a club" ) means the premises to which any such licence relates.

"CMS" --see
"centralised monitoring system" .

"CMS information" means information acquired in the course of the operation of an authorised CMS (including any mandatory ancillary CMS services) and includes data derived from that information, but does not include information acquired in providing an approved ancillary CMS service unless the information is also acquired, or could be acquired, in the course of the operation of the authorised CMS (including any mandatory ancillary CMS services).

"CMS infrastructure" means any hardware (including computers and cables) or software used for the purposes of providing an authorised CMS.

"CMS licence" means a licence in force under Part 9, and
"CMS licensee" means the holder of a CMS licence.

"Community Development Fund" means the fund established under section 204A.

"country hotel" means a hotel that is not situated in a metropolitan area.

"dealer's licence" means a gaming machine dealer's licence in force under Part 7.

"exercise" a function includes perform a duty.

"financial institution" means--

(a) a banking business within the meaning of the Banking Act 1959 of the Commonwealth or a bank constituted under a law of a State or Territory, or

(b) a building society within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code, or

(c) a credit union within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code.

"function" includes a power, authority or duty.

"gaming machine" means a device that is designed--

(a) for the playing of a game of chance or a game that is partly a game of chance and partly a game requiring skill, and

(b) for paying out money or tokens or for registering a right to an amount of money or money's worth to be paid,

and includes any subsidiary equipment.

"gaming machine area" , in relation to a club, means any part of the premises of the club in which approved gaming machines are located.

"gaming machine entitlement" (or
"entitlement" ) means a gaming machine entitlement that is held in respect of a hotel licence or club licence under Part 3.

"gaming machine threshold" --see section 32.

"gaming-related licence" means any of the following types of licences in force under Part 7--

(a) a dealer's licence,

(b) a seller's licence,

(c) a technician's licence,

(e) a testing facility licence.

"hotel"
"" and
"hotelier" have the same meanings as in the Liquor Act 2007 , and
"hotel licence" means a hotel licence (other than a general bar licence) under that Act.

"hotelier's licence" has the meaning given to it under this section immediately before the substitution of this definition by Schedule 3 to the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007 .

"inspector" means an inspector within the meaning of the Gaming and Liquor Administration Act 2007 .

"keep" an approved gaming machine includes acquire or possess the gaming machine.

"links licence" means an inter-hotel links licence or inter-club links licence in force under Part 10.

"liquor" has the same meaning as in the Liquor Act 2007 .

"local statistical area" means a geographical area defined for the time being as a Statistical Area Level 2 under the Australian Statistical Geography Standard published by the Australian Bureau of Statistics.

"manager" in relation to a hotel has the same meaning as in the Liquor Act 2007 .

"mandatory ancillary CMS service" means an additional service that a CMS licensee is directed to provide in accordance with section 136C.

"metropolitan area" means an area described by the regulations as a metropolitan area.

"new club premises" means--

(a) club premises that become licensed for the first time under the Liquor Act 2007 (otherwise than because of the operation of clause 93 of Schedule 2 to the Registered Clubs Act 1976 ), or

(b) the premises to which a club licence is removed under the Liquor Act 2007 .

"new hotel" means--

(b) a hotel that becomes licensed for the first time under the Liquor Act 2007 (otherwise than because of the operation of clause 3 of Schedule 1 to that Act), or

(c) a hotel to which a licence is removed under that Act.

"operate" an approved gaming machine includes use or play the gaming machine.

"permit" (when used in or in relation to Part 3) means a permit issued and in force under section 182C of the Liquor Act 1982 before the repeal of that section by this Act.

"retail shopping centre" means a cluster of premises promoted as, or generally regarded as constituting, a shopping centre, shopping mall or shopping arcade, but does not include anything excluded from this definition by the regulations.

"Secretary" means the Secretary of the Department of Enterprise, Investment and Trade.

"sell" includes any of the following--

(a) barter or exchange,

(b) offer, agree or attempt to sell,

(c) expose, send, forward or deliver for sale,

(d) cause or permit to be sold or offered for sale,

(e) in relation to an approved gaming machine--supply under financial and other arrangements approved by the Authority.

"seller's licence" means a gaming machine seller's licence in force under Part 7.

"subsidiary equipment" means--

(a) centralised cash control equipment, or

(b) any equipment, device or system (or any component of a system) that affects--

(i) the playing or result of any game playable on a gaming machine, or

(ii) the meters of a gaming machine,

and includes any other equipment, device or system prescribed by the regulations for the purposes of this definition.

"technician" means the holder of a technician's licence.

"technician's licence" means a gaming machine technician's licence in force under Part 7.

"temporary premises" , in relation to a hotel or club premises, means any premises approved by the Authority under section 96 of the Liquor Act 2007 .

"testing facility licence" means a gaming machine testing facility licence in force under Part 7.

"threshold increase application" --see section 34.

"venue" means a hotel or the premises of a club.

"work permit" means a work permit issued under section 89.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) Notes included in this Act do not form part of this Act.

(3) A reference in this Act to a gaming machine entitlement held by a hotel or club, or to a gaming machine entitlement of a hotel or club, is a reference to a gaming machine entitlement held in respect of the hotel or club licence.