Gaming Machines Act 2001 No 127
Current version for 1 January 2014 to date (accessed 21 December 2014 at 17:53)
Part 10Division 4

Division 4 General provisions

153   Granting of links licences

(1)  The Minister may, after considering an application under Part 12 for a links licence:
(a)  grant a links licence to the person making the application, or
(b)  refuse to grant a links licence.
(2)  The Minister may grant a links licence subject to any conditions determined by the Minister and specified in the links licence.
(2A)  Any subsidiary equipment to be used in connection with a linked gaming system that has, under the terms of the links licence, been approved by the Minister is taken to be subsidiary equipment approved by the Authority for that purpose.
(3), (4)  (Repealed)
(5)  In deciding whether to grant a links licence, the Minister may have regard to the following matters:
(a)  the need to balance the public interest with private sector commercial interests,
(b)  whether the integrity and regularity of the operation of the linked gaming system can be ensured,
(c)  the need to provide flexibility in respect of commercial gaming activities,
(d)  the need to provide equal opportunities for hotels, or for clubs, to participate in the linked gaming system concerned, including those hotels or club premises situated in remote areas.
(6)  Subsection (5) does not limit the factors that the Minister may take into account in determining whether or not to grant a links licence.
(7)  A links licence may be granted to one person or 2 or more persons jointly.

154   Conditions of links licences

(1)  The conditions of a links licence may include, in addition to any other conditions referred to in this Part, conditions relating to the following:
(a)  in the case of a links licence authorising an inter-hotel linked gaming system—the number of participating hoteliers involved in the linked gaming system,
(b)  in the case of a links licence authorising an inter-club linked gaming system—the number of participating clubs involved in the linked gaming system,
(c)  the number of approved gaming machines that may be part of the linked gaming system concerned,
(d)  the minimum and maximum amounts of jackpot prizes to be paid in connection with the linked gaming system,
(e)  the financial arrangements with respect to jackpot prize pools and the establishment by the licensee of a special account relating to jackpot prize pools,
(f)  the furnishing of information, whether in the form of statements, returns or otherwise, by the licensee to the Minister relating to the operation of the linked gaming system (including the operating costs and other costs incurred by the licensee in operating the linked gaming system),
(g)  the times at which, and the form in which, the information required under paragraph (f) must be furnished to the Minister,
(h)  the auditing of the financial records of the licensee relating to the operation of the linked gaming system (including records of the operating costs and other costs incurred by the licensee in operating the linked gaming system),
(i)  the approval by the Minister of contracts or arrangements, entered into by the licensee, for the purpose of operating the linked gaming system,
(j)  the approval by the Minister of persons engaged in the repair or maintenance of any equipment used in relation to the operation of the linked gaming system,
(k)  the security requirements in respect of the linked gaming system,
(l)  any other matters that the Minister thinks fit or that may be prescribed by the regulations.
(2)  A links licence may make provision for advice to be furnished to the Minister in connection with the exercise of the Minister’s functions under this Part.

155   Alteration of conditions of links licences

(1)  The Minister may, while a links licence is in force, alter the conditions of the licence by imposing an additional condition or by amending, substituting or revoking a condition.
(2)  An alteration may not be made under this section unless the Minister:
(a)  has given the licensee notice, in writing, setting out the terms of the proposed alteration and inviting the licensee to make representations to the Minister, within the period specified in the notice, concerning the proposed alteration, and
(b)  has, after the end of that period, considered any representations so made by or on behalf of the licensee.
(3)  An alteration under this section takes effect:
(a)  on the day that is 7 days after the day on which a notice advising the licensee of the alteration is given to the licensee by the Minister, or
(b)  if a later day is specified in the notice—on that day.
(4)  Subsections (2) and (3) do not apply to an alteration made at the request of a licensee. Such an alteration takes effect on the day specified in the notice advising of the alteration that is given by the Minister to the licensee.

156   Unlawful interference with authorised linked gaming systems

(1)  A person must not:
(a)  possess any equipment that is made or adapted, or intended by the person to be used, for interfering with the normal operation of an authorised linked gaming system (including any approved gaming machine that is part of the system), or
(b)  do anything calculated, or likely, to interfere with the normal operation of an authorised linked gaming system (including any approved gaming machine that is part of the system), or
(c)  do anything calculated to render an approved gaming machine that is part of an authorised linked gaming system incapable, even temporarily, of producing a winning combination.
(2)  Subsection (1) does not apply to or in respect of the possession of any equipment, or to anything done in good faith, in connection with the installation, alteration, adjustment, maintenance or repair of an authorised linked gaming system by:
(a)  the licensee who is operating the authorised linked gaming system, or
(b)  a technician, or
(c)  any other person approved by the licensee.
(3)  A person must not, with intent to dishonestly obtain money or a financial advantage for himself or herself or another person, insert in an approved gaming machine that is part of an authorised linked gaming system anything other than:
(a)  a coin or token of the denomination or type displayed on the gaming machine as that to be used to operate the machine, or
(b)  a bank note of a denomination approved by the Authority for use in order to operate the gaming machine, or
(c)  a card of a type approved by the Authority for use in order to operate the gaming machine.
(4)  A person must not gain, whether personally or for another person, an advantage in the operation of an approved gaming machine that is part of an authorised linked gaming system as the result of knowing about any faulty or fraudulent computer programming in relation to the system.
(5)  A person must not authorise or permit another person to act in a way that is an offence under another provision of this section.

Maximum penalty: 100 penalty units.

156A   Stand alone play on gaming machines that are part of linked gaming system

(1)  A participating hotelier or participating club must not permit an approved gaming machine that is part of an authorised linked gaming system to be used for the purposes of gambling during any period that the linked gaming system is not in operation in the hotel or club premises concerned.

Maximum penalty: 100 penalty units.

(2)  Subsection (1) does not apply:
(a)  in such circumstances as may be approved by the Minister, and
(b)  if the gaming machine is operated in accordance with that approval.
(3)  If an approved gaming machine that is part of an authorised linked gaming system ceases to operate as part of the system for any period (whether or not the system itself is in operation), the participating hotelier or participating club concerned must not permit the approved gaming machine to be used for the purposes of gambling during that period.

Maximum penalty: 100 penalty units.

157   Illegal advantage with respect to linked gaming systems

(1)  A person must not, during the design, manufacture, assembly, installation, maintenance or repair of an authorised linked gaming system, dishonestly make provision to gain an advantage (whether or not for another person) in the operation of the linked gaming system.
(2)  A person who, as a result of gross negligence during the design, manufacture, assembly, installation, maintenance or repair of an authorised linked gaming system, makes provision to gain an advantage (whether or not for another person) in the operation of the linked gaming system is guilty of an offence.
(3)  A person must not do anything to an authorised linked gaming system in order to conceal anything that is an offence under subsection (1) or (2).
(4)  A person must not authorise or permit another person to act in a way that is an offence under another provision of this section.

Maximum penalty: 100 penalty units.

158   Removal of linked gaming system from hotels or clubs

(1)  A person (including a participating hotelier or participating club) must not, without the consent of the Minister, remove, or cause to be removed, an authorised linked gaming system that has been installed in a hotel or on the premises of a club.

Maximum penalty: 100 penalty units.

(2)  Subsection (1) does not apply to:
(a)  the licensee who is operating the authorised linked gaming system, or
(b)  a person approved by the licensee to remove the linked gaming system.

158A   Technicians required to reconnect to authorised linked gaming system

If a technician carries out any work on an authorised linked gaming system in a hotel or on the premises of a club, the technician must, after completing that work, ensure:
(a)  that all components of the system are properly connected to the linked gaming system, and
(b)  that the linked gaming system and its components are operating properly.

Maximum penalty: 100 penalty units.

Top of page