GAMBLING REGULATION ACT 2003 - SECT 3.5.5 Variation of gaming machine types and games

GAMBLING REGULATION ACT 2003 - SECT 3.5.5

    (1)     If a gaming machine type is varied in a material particular from the gaming machine type approved by the Commission—

        (a)     the machine type as varied is not approved under this section; and

        (b)     the variation must be approved by the Commission before the machine type as varied may be used.

    (2)     If a game is varied in any respect from the game approved by the Commission—

        (a)     the game as varied is not approved under this section; and

        (b)     the variation must be approved by the Commission before the game as varied may be used.

    (3)     The Commission may approve or refuse to approve a variation to a gaming machine type or a game, having regard to—

        (a)     player return, game fairness and security and responsible gambling; and

S. 3.5.5(3)(b) amended by No. 4/2014 s. 27(1).

        (b)     any standards in force under sections 3.5.3 and  10.1.5A; and

        (c)     the certificate of a person listed on the Roll, being a person referred to in section 3.4.61(1)(c).

S. 3.5.5(3A) inserted by No. 4/2014 s. 27(2).

    (3A)     An application to approve a variation relating to the installation of player account equipment or a part of a pre-commitment system on or in a gaming machine may be made by any person.

S. 3.5.5(3B) inserted by No. 64/2014 s. 8.

    (3B)     An application to approve a variation under this section—

        (a)     must be in the form approved by the Commission; and

        (b)     must be accompanied by the prescribed fee (if any).

    (4)     An approval of a variation is subject to any conditions imposed by the Commission.

S. 3.5.5(5) amended by Nos 29/2009 s. 27(2), 28/2022 s. 34.

    (5)     An entitlement holder or a casino operator must not use a gaming machine type or game which has been varied in a way that requires approval under this section unless the Commission has given its approval to the variation.

Penalty:     100 penalty units.

    (6)     A function of the Commission under this section may be performed by any commissioner.