New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 64

64 Declaration of approved gaming machines

(1) The Authority may declare that a device referred to in the declaration is an approved gaming machine for the purposes of this Act.

(2) A declaration under this section--

(a) may refer to a device specifically or by reference to a class or description of devices, and

(b) may be a temporary declaration pending final determination of an application for declaration of the device as an approved gaming machine.

(3) The Authority may refuse to make a declaration of a device as an approved gaming machine if the Authority is of the opinion that the declaration would relate to a device that does not meet the approved technical standards.

(4) If an approved gaming machine kept by a hotelier or club is modified in such a way that it is in the form of a different approved gaming machine, it ceases to be an approved gaming machine despite being in that form unless--

(a) the material used to effect the modification was supplied by the holder of a dealer's licence (either directly or through the holder of another gaming-related licence), and

(b) the modification was effected in accordance with a variation of the authorisation in force in relation to the keeping of the approved gaming machine.

(5) A minor or insignificant variation does not prevent a device from being an approved gaming machine if the variation does not affect its security or integrity or the manner in which the device from which it varies was designed and programmed to function.

(6) The Authority may revoke a declaration in force under this section if it considers that it is necessary to do so in the public interest or if it is a temporary declaration.

(6A) A device ceases to be an approved gaming device if the Authority has authorised the destruction of that device or devices of that class or description under section 81A.

(7) A device ceases to be an approved gaming machine if its declaration as an approved gaming machine is revoked.

(8) If the Authority revokes the declaration of a device as an approved gaming machine, the revocation does not take effect until the hotelier, club or holder of the dealer's licence who is in possession of the device has been given or served written notice of the revocation--

(a) by post, or

(b) by email to an email address specified by the hotelier, club or holder of the dealer's licence for the service of the notice.