§ 7 — Meanings of “game of chance”, “gaming activity” and associated terms

7.—(1) For the purpose of any provision of this Act, engaging in a gaming activity means —(a)

playing a game of chance for a prize; or

(b)

playing a gaming machine,

and includes any transaction by way of gambling that is classified under the Regulations as gaming activity.

(2) For the purpose of any provision of this Act, a person plays a game of chance for a prize if the person plays a game of chance and thereby acquires a chance of winning any money or money equivalent or any thing else of value, whether or not the person risks losing anything at the game.

(3) This Act applies to a gaming activity whether or not any money or money equivalent or any thing else of value is paid or provided by or on behalf of a person to become a player.

(4) For the purpose of any provision of this Act —(a)

a person plays a game of chance if the person enters or competes in, or otherwise participates in a game of chance —(i)

whether or not there are other players in the game of chance; and

(ii)

whether or not a computer generates images or data taken to represent the actions of other players in the game of chance; and

(b)

an individual is treated as playing a gaming machine if the individual, directly or indirectly — (i)

inserts a coin or a gaming token into the gaming machine;

(ii)

causes gaming machine credits to be registered by the gaming machine;

(iii)

makes a bet on the gaming machine;

(iv)

causes the activation of any process relating to the game in the gaming machine; or

(v)

makes or participates in the making of the decisions involved in playing the gaming machine.

(5) In addition, a person on whose behalf another person enters or competes, or otherwise participates, in a game of chance using a gaming machine located in a gaming machine room and who is not in the same gaming machine room is also to be regarded, for the purpose of any provision of this Act, as participating in that game of chance and a player thereof.

(6) For the purpose of any provision of this Act —“amusement machine” means a mechanical, an electrical or an electronic device that is constructed or adapted —(a)

for the playing of any game (whether or not a game of chance) by means of the machine, whether automatically or by the operation of the machine by an individual playing without using remote communication or 2 or more such individuals;

(b)

to be operated by the insertion of any money or money equivalent or a gaming token, or by the use of accrued credits; and

(c)

so that any individual playing the machine once and successfully either receives —(i)

nothing or any thing of value which is less than $100 or an amount specified by the Minister, by order in the Gazette, in substitution; or

(ii)

only an opportunity afforded by the automatic action of the machine to play again (once or more often) without paying any money or money equivalent or any thing else of value,

and includes a mechanical, an electrical or an electronic device commonly called a claw machine, or a crane machine or claw crane machine;

“approved game of chance”, for a licensee, means a game of chance that the licensee is authorised under its licence to conduct gaming under this Act;

“game of chance” includes any of the following:(a)

a game that involves both an element of chance and an element of skill;

(b)

a game that involves an element of chance that can be eliminated by superlative skill;

(c)

a game that is presented as involving an element of chance;

(d)

a game that is played with a gaming machine,

but does not include any sporting event, and such game, method, device, scheme or competition as specified or described by the Minister, by order in the Gazette, not to be a game of chance for the purposes of this Act;

“gaming machine” means a device, whether wholly or partly mechanically or electronically operated, that —(a)

is adapted, or designed and constructed, for betting, participating in a lottery or playing a game of chance;

(b)

is played or confers a right to participate (wholly or in part) by —(i)

the insertion of any money or money equivalent into it; or

(ii)

the direct or indirect payment of any money or money equivalent or any thing else of value by any other means; and

(c)

pays out any money or money equivalent or any thing else of value, or registers a right to an amount of money or money equivalent or any thing else of value,Illustration

A jackpot machine or fruit machine.

but does not include any of the following:

(d)

an amusement machine;

(e)

a computer by reason only of the fact that it can be used to participate in remote gambling;

(f)

a communication device by reason only of the fact that it can be used to participate in remote gambling;

(g)

a machine which only dispenses —(i)

lottery tickets or otherwise enables a person to enter a lottery; or

(ii)

receipts or tickets that evidence a bet made,

provided that the results of the lottery or bet (as the case may be) are not determined by the machine, and are not announced by being displayed or communicated by the machine;

(h)

a machine of such other description prescribed in the Regulations for the purposes of this definition;

“gaming machine game” means a game of chance that —(a)

is designed to be played on a gaming machine; and

(b)

is identifiable from all other games of chance by the name of the game or differences in its rules or programming;

“gaming machine room” means any room or similar enclosed location that is or is within an approved gambling venue and is where gaming machines are authorised by or under this Act —(a)

to be installed and operated (but not just played); and

(b)

to be made available to others to play,

in the course of the conduct of gaming;

“gaming token” includes a stored value card, a card which registers a right to money or money equivalent, and an object or a thing of a similar kind;

“peripheral equipment of a gaming machine” means equipment or a device —(a)

that is incidental to the operation of the gaming machine, such as note acceptors, card readers and ticket readers; or

(b)

that is designed or adapted (and with or without software) to be used —(i)

to monitor the operation and performance of the gaming machine;

(ii)

to facilitate the collection of gambling duties that are payable under the Gambling Duties Act 2022 in respect of approved gaming machines; or

(iii)

to send or receive data from the gaming machine in relation to the security, accounting or operation of the gaming machine,

and includes any software necessary to operate the gaming machine but not a gaming machine game;

“player”, in relation to a game of chance, means any person who enters or competes in, or otherwise participates in the game of chance, and includes a person on whose behalf another person enters or competes, or otherwise participates, in a game of chance using a gaming machine in the circumstances in subsection (5);

“prohibited gaming machine” means a gaming machine that must not be approved under section 74, being a gaming machine that —(a)

is declared by Regulations to be a prohibited gaming machine;

(b)

is of a class or description of gaming machines declared by the Regulations to be prohibited gaming machines; or

(c)

is kept, used or operated in such circumstances, or in such manner, as may be prescribed by the Regulations for the purposes of this definition.

—(1) For the purpose of any provision of this Act, engaging in a gaming activity means —(a)

playing a game of chance for a prize; or

(b)

playing a gaming machine,

and includes any transaction by way of gambling that is classified under the Regulations as gaming activity.

(2) For the purpose of any provision of this Act, a person plays a game of chance for a prize if the person plays a game of chance and thereby acquires a chance of winning any money or money equivalent or any thing else of value, whether or not the person risks losing anything at the game.

(3) This Act applies to a gaming activity whether or not any money or money equivalent or any thing else of value is paid or provided by or on behalf of a person to become a player.

(4) For the purpose of any provision of this Act —(a)

a person plays a game of chance if the person enters or competes in, or otherwise participates in a game of chance —(i)

whether or not there are other players in the game of chance; and

(ii)

whether or not a computer generates images or data taken to represent the actions of other players in the game of chance; and

(b)

an individual is treated as playing a gaming machine if the individual, directly or indirectly — (i)

inserts a coin or a gaming token into the gaming machine;

(ii)

causes gaming machine credits to be registered by the gaming machine;

(iii)

makes a bet on the gaming machine;

(iv)

causes the activation of any process relating to the game in the gaming machine; or

(v)

makes or participates in the making of the decisions involved in playing the gaming machine.

(5) In addition, a person on whose behalf another person enters or competes, or otherwise participates, in a game of chance using a gaming machine located in a gaming machine room and who is not in the same gaming machine room is also to be regarded, for the purpose of any provision of this Act, as participating in that game of chance and a player thereof.

(6) For the purpose of any provision of this Act —“amusement machine” means a mechanical, an electrical or an electronic device that is constructed or adapted —(a)

for the playing of any game (whether or not a game of chance) by means of the machine, whether automatically or by the operation of the machine by an individual playing without using remote communication or 2 or more such individuals;

(b)

to be operated by the insertion of any money or money equivalent or a gaming token, or by the use of accrued credits; and

(c)

so that any individual playing the machine once and successfully either receives —(i)

nothing or any thing of value which is less than $100 or an amount specified by the Minister, by order in the Gazette, in substitution; or

(ii)

only an opportunity afforded by the automatic action of the machine to play again (once or more often) without paying any money or money equivalent or any thing else of value,

and includes a mechanical, an electrical or an electronic device commonly called a claw machine, or a crane machine or claw crane machine;

“approved game of chance”, for a licensee, means a game of chance that the licensee is authorised under its licence to conduct gaming under this Act;

“game of chance” includes any of the following:(a)

a game that involves both an element of chance and an element of skill;

(b)

a game that involves an element of chance that can be eliminated by superlative skill;

(c)

a game that is presented as involving an element of chance;

(d)

a game that is played with a gaming machine,

but does not include any sporting event, and such game, method, device, scheme or competition as specified or described by the Minister, by order in the Gazette, not to be a game of chance for the purposes of this Act;

“gaming machine” means a device, whether wholly or partly mechanically or electronically operated, that —(a)

is adapted, or designed and constructed, for betting, participating in a lottery or playing a game of chance;

(b)

is played or confers a right to participate (wholly or in part) by —(i)

the insertion of any money or money equivalent into it; or

(ii)

the direct or indirect payment of any money or money equivalent or any thing else of value by any other means; and

(c)

pays out any money or money equivalent or any thing else of value, or registers a right to an amount of money or money equivalent or any thing else of value,Illustration

A jackpot machine or fruit machine.

but does not include any of the following:

(d)

an amusement machine;

(e)

a computer by reason only of the fact that it can be used to participate in remote gambling;

(f)

a communication device by reason only of the fact that it can be used to participate in remote gambling;

(g)

a machine which only dispenses —(i)

lottery tickets or otherwise enables a person to enter a lottery; or

(ii)

receipts or tickets that evidence a bet made,

provided that the results of the lottery or bet (as the case may be) are not determined by the machine, and are not announced by being displayed or communicated by the machine;

(h)

a machine of such other description prescribed in the Regulations for the purposes of this definition;

“gaming machine game” means a game of chance that —(a)

is designed to be played on a gaming machine; and

(b)

is identifiable from all other games of chance by the name of the game or differences in its rules or programming;

“gaming machine room” means any room or similar enclosed location that is or is within an approved gambling venue and is where gaming machines are authorised by or under this Act —(a)

to be installed and operated (but not just played); and

(b)

to be made available to others to play,

in the course of the conduct of gaming;

“gaming token” includes a stored value card, a card which registers a right to money or money equivalent, and an object or a thing of a similar kind;

“peripheral equipment of a gaming machine” means equipment or a device —(a)

that is incidental to the operation of the gaming machine, such as note acceptors, card readers and ticket readers; or

(b)

that is designed or adapted (and with or without software) to be used —(i)

to monitor the operation and performance of the gaming machine;

(ii)

to facilitate the collection of gambling duties that are payable under the Gambling Duties Act 2022 in respect of approved gaming machines; or

(iii)

to send or receive data from the gaming machine in relation to the security, accounting or operation of the gaming machine,

and includes any software necessary to operate the gaming machine but not a gaming machine game;

“player”, in relation to a game of chance, means any person who enters or competes in, or otherwise participates in the game of chance, and includes a person on whose behalf another person enters or competes, or otherwise participates, in a game of chance using a gaming machine in the circumstances in subsection (5);

“prohibited gaming machine” means a gaming machine that must not be approved under section 74, being a gaming machine that —(a)

is declared by Regulations to be a prohibited gaming machine;

(b)

is of a class or description of gaming machines declared by the Regulations to be prohibited gaming machines; or

(c)

is kept, used or operated in such circumstances, or in such manner, as may be prescribed by the Regulations for the purposes of this definition.