Gaming and Wagering Commission Act 1987

The conduct of gaming by means of, or the playing of games using or the making of wagers by reference to —

any gaming machine (not being a video machine authorised for use in a licensed casino pursuant to the Casino Control Act 1984 or a machine used in accordance with a permit or written law) of the kind generally known or described as a poker machine, fruit machine or roulette machine or any machine in the nature of or similar to a machine of that kind including a video machine that reproduces in a form suitable for playing by means of the video machine any kind of game —

that is declared to be an authorised game under section 22 of the Casino Control Act 1984 to be played in a licensed casino; or

that, although not so declared, is commonly played in casinos (whether in Australia or elsewhere); or

that is a variation or derivative of a game referred to in subparagraph (i) or (ii);

any other gaming machine, not being a machine used —

as a slot machine; or

in accordance with a permit or written law;

gaming equipment of a kind which contravenes, or in the circumstances in which it is found contravenes, a prohibition proclaimed under subsection (2),

On the recommendation of the Commission, where the Governor is satisfied that the use of any kind of gaming equipment may be undesirable, in the public interest or otherwise, he may by proclamation prohibit the use of gaming equipment of that kind in relation to gambling generally or in accordance with the tenor of the proclamation and may prohibit possession of any such gaming equipment.

An authorised officer or member of the Police Force finding anything that he has reasonable grounds to suspect may be an unlawful gaming machine, or be a kind of gaming equipment the use or possession of which may contravene, or in the circumstances in which it is found may contravene, a prohibition proclaimed under subsection (2), may —

require the person having the machine or other gaming equipment in his possession to permit it to be examined on behalf of the Commission, and may require that person to take all such steps as may be reasonably necessary to facilitate that examination; and

where he is satisfied that the thing is unlawful gaming equipment that the person is not entitled to possess under this Act, or if the person fails to comply with a requirement made of him under paragraph (a), seize and take away that gaming equipment and cause or permit it to be examined, using such force as may be necessary, on behalf of the Commission, and sections 31 and 32 shall have effect in relation to the thing so seized and any money or tokens found therein.

Subject to subsections (5) and (6A), a person having in his possession —

an unlawful gaming machine; or

any other gaming equipment that contravenes, or in circumstances that contravene, a prohibition proclaimed under subsection (2),

Subsection (4) does not apply to an authorised person having possession of a gaming machine or gaming equipment of a kind referred to in that subsection —

for the purpose of testing, examining, maintaining or repairing the gaming machine or gaming equipment, or for any purpose approved by the Commission; or

in connection with the manufacture of gaming machines or gaming equipment.

Subsection (4) does not apply to the possession of a gaming machine or gaming equipment of a kind referred to in that subsection, in prescribed circumstances.

In subsection (5) —