New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 4

4 Definitions

(1) In this Act:
"approved amusement device" means a device declared under section 64 to be an approved amusement device and includes:

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

(b) any component of the device (other than a component prescribed by the regulations as not being part of the device).

"approved gaming machine" means an approved poker machine or an approved amusement device, and includes any specially approved gaming machine within the meaning of section 141.
"approved poker machine" means a poker machine declared under section 64 to be an approved poker machine and includes:

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

(b) any component of the poker machine (other than a component prescribed by the regulations as not being part of the poker machine).

"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 Casino, Liquor and Gaming Control Authority constituted under the Casino, Liquor and Gaming Control Authority 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 registered 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 Casino, Liquor and Gaming Control Authority Act 2007 .
"CMS" -see "centralised monitoring system".
"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.
"Director" means the Director of Liquor and Gaming holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002 .
"Director-General" means the Director-General of the Department of the Arts, Sport and Recreation.
"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 area", in relation to a registered club, means any part of the premises of the club in which approved gaming machines are located.
"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.

"hardship gaming machine" means an approved gaming machine approved to be kept in a hotel or on the premises of a registered club under Division 3 of Part 3.
"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 Casino, Liquor and Gaming Control Authority 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 .
"Liquor Act poker machine permit" means a permit issued under section 182C of the Liquor Act 1982 and in force immediately before the repeal of that section by this Act.
"manager" in relation to a hotel has the same meaning as in the Liquor Act 2007 .
"metropolitan area" means:

(a) any of the following areas as determined by the Australian Bureau of Statistics:

(i) the Sydney Statistical Division,

(ii) the Statistical Local Areas of Newcastle (Statistical Local Areas 5901 and 5902),

(iii) the Statistical Local Area of Lake Macquarie (Statistical Local Area 4650),

(iv) the Statistical Local Area of Wollongong (Statistical Local Area 8450), or

(b) if a regulation is made for the purposes of this definition, any area described in the regulation as a metropolitan area.

"new club" means:

(a) a club that, on or after 26 July 2001, is or was registered for the first time under the Registered Clubs Act 1976 (other than as the result of an amalgamation under section 17A of that Act), or

(b) a club whose premises become licensed for the first time under the Liquor Act 2007 (other than as the result of the transfer of a club licence under section 60 of that Act or because of the operation of clause 93 of Schedule 2 to the Registered Clubs Act 1976 ).

"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.
"poker 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.
"poker machine entitlement" means a poker machine entitlement allocated under Part 3.
"registered club" means a club that holds a club licence under the Liquor Act 2007 .
"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.
"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 poker machine or approved amusement device, or

(ii) the meters of a poker machine or approved amusement device,

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 registered club, 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.
"work permit" means a work permit issued under section 89.

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