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reg 5

Instruments of unlawful gaming

In force

5 Instruments of unlawful gaming

(1)

Pursuant to section 59A of the Act, an amusement machine with the characteristics of a gaming machine (within the meaning of the

Gaming Machines

Act 1992) is declared to be an instrument of unlawful gaming.

(2)

For the purposes of this regulation—

(a)

an amusement machine includes any device designed or adapted for the purpose of enabling a person to participate in a game of amusement;

and

(b)

an amusement machine will be taken to have the characteristics of a gaming machine if—

(i)

it is a gaming machine, but not an approved gaming machine, within the meaning of the Gaming Machines

Act 1992; or

(ii)

it is capable of being operated by the insertion of a coin, note or other token (whether in the machine or another device to which it is linked) and—

(A)

it simulates the operation of a gaming machine by the use or depiction of a spinning reel; or

(B)

it is marked as a gaming machine or pokie or is described in any advertising, instructions or packaging as a gaming machine or pokie;

or

(C)

in the instructions for its operation, or in its operation, it uses or displays a word associated with gambling such as gambling, bet or jackpot or a derivative of such a word.

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