New South Wales Consolidated Acts
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GAMING MACHINES ACT 2001 - SECT 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
modification was effected in accordance with a variation of the authorisation
in force in relation to the keeping of the approved gaming machine.
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.
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
(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
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