§ 38 — Unlawful interference with approved gaming machines, etc.

38.—(1) A person who —(a)

has possession of a device made or adapted, or intended by the person to be used, for interfering with the normal operation of any relevant gambling equipment;

(b)

does anything calculated, or likely to interfere with the normal operation of any relevant gambling equipment;

(c)

does anything that is calculated to render any relevant gambling equipment (even if temporarily) incapable of producing, or of producing, a winning combination; or

(d)

does any act or thing calculated to interfere with any relevant gambling equipment under which the result obtained on the relevant gambling equipment is different to the result provided by the approved game,

shall be guilty of an offence.

(2) Subsection (1) does not apply to anything done in good faith in connection with —(a)

the installation, alteration, adjustment, maintenance or repair of any relevant gambling equipment by a recognised technician;

(b)

the carrying out of any installation, alteration, adjustment, maintenance or repair to effect a change of game directed by the Authority under section 78; or

(c)

the exercise by a police officer or an authorised officer of a function conferred or imposed by or under this Act.

(3) A person who —(a)

dishonestly, or because of gross negligence; and

(b)

during the design, manufacture, assembly, installation, alteration, adjustment, maintenance or repair of any relevant gambling equipment,

makes provision (including by fraudulent computer programming) to subsequently gain any money or money equivalent or any financial benefit for that person or another person or any advantage in the operation of the relevant gambling equipment, shall be guilty of an offence.

(4) A person who, with intent to dishonestly obtain any money or money equivalent or a financial benefit for the person or another person, inserts, or causes to be inserted, in an approved gaming machine in an approved gambling venue, or any peripheral equipment for such an approved gaming machine, any thing other than —(a)

a coin or token of the denomination or type displayed on the approved gaming machine as that to be used to operate or gain credit on the gaming machine;

(b)

a note of a denomination in order to operate or gain credit on the approved gaming machine; or

(c)

a card of a type authorised by the licensee for use in order to operate or gain credit on the approved gaming machine,

shall be guilty of an offence.

(5) A person who is guilty of an offence under subsection (1), (3) or (4) shall be liable on conviction —(a)

in the case of an individual, to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 7 years or to both; or

(b)

in the case of an entity, to a fine not exceeding $300,000.

(6) An offence under this section is an arrestable offence.

(7) In this section, “relevant gambling equipment” means any of the following:(a)

an approved gaming machine installed or used outside of a casino;

(b)

any peripheral equipment for an approved gaming machine installed or used outside of a casino;

(c)

any software, or any other machine, apparatus, appliance, equipment, instrument, communication device or other device, accessory or any other thing (whether or not of a similar kind), that is used, apparently used, likely to be used or capable of being used in providing a gambling service authorised under a licence or class licence.Illustrations

Point‑of‑sale kiosks.

Draw appliances and ball sets used in lottery draws.

Software and programming code used to generate winning numbers.

—(1) A person who —(a)

has possession of a device made or adapted, or intended by the person to be used, for interfering with the normal operation of any relevant gambling equipment;

(b)

does anything calculated, or likely to interfere with the normal operation of any relevant gambling equipment;

(c)

does anything that is calculated to render any relevant gambling equipment (even if temporarily) incapable of producing, or of producing, a winning combination; or

(d)

does any act or thing calculated to interfere with any relevant gambling equipment under which the result obtained on the relevant gambling equipment is different to the result provided by the approved game,

shall be guilty of an offence.

(2) Subsection (1) does not apply to anything done in good faith in connection with —(a)

the installation, alteration, adjustment, maintenance or repair of any relevant gambling equipment by a recognised technician;

(b)

the carrying out of any installation, alteration, adjustment, maintenance or repair to effect a change of game directed by the Authority under section 78; or

(c)

the exercise by a police officer or an authorised officer of a function conferred or imposed by or under this Act.

(3) A person who —(a)

dishonestly, or because of gross negligence; and

(b)

during the design, manufacture, assembly, installation, alteration, adjustment, maintenance or repair of any relevant gambling equipment,

makes provision (including by fraudulent computer programming) to subsequently gain any money or money equivalent or any financial benefit for that person or another person or any advantage in the operation of the relevant gambling equipment, shall be guilty of an offence.

(4) A person who, with intent to dishonestly obtain any money or money equivalent or a financial benefit for the person or another person, inserts, or causes to be inserted, in an approved gaming machine in an approved gambling venue, or any peripheral equipment for such an approved gaming machine, any thing other than —(a)

a coin or token of the denomination or type displayed on the approved gaming machine as that to be used to operate or gain credit on the gaming machine;

(b)

a note of a denomination in order to operate or gain credit on the approved gaming machine; or

(c)

a card of a type authorised by the licensee for use in order to operate or gain credit on the approved gaming machine,

shall be guilty of an offence.

(5) A person who is guilty of an offence under subsection (1), (3) or (4) shall be liable on conviction —(a)

in the case of an individual, to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 7 years or to both; or

(b)

in the case of an entity, to a fine not exceeding $300,000.

(6) An offence under this section is an arrestable offence.

(7) In this section, “relevant gambling equipment” means any of the following:(a)

an approved gaming machine installed or used outside of a casino;

(b)

any peripheral equipment for an approved gaming machine installed or used outside of a casino;

(c)

any software, or any other machine, apparatus, appliance, equipment, instrument, communication device or other device, accessory or any other thing (whether or not of a similar kind), that is used, apparently used, likely to be used or capable of being used in providing a gambling service authorised under a licence or class licence.Illustrations

Point‑of‑sale kiosks.

Draw appliances and ball sets used in lottery draws.

Software and programming code used to generate winning numbers.