§ 78 — Corrective action needed for gaming machine, etc.

78.—(1) Subject to subsection (2), the Authority may by a notice of corrective action given in accordance with this section, temporarily suspend the approval of a gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine if —(a)

the gaming machine (and any gaming machine game installed therein) or peripheral equipment has a serious malfunction; or

(b)

the gaming machine (and any gaming machine game installed therein) or peripheral equipment no longer operates as intended under the standards.

(2) A notice of corrective action in respect of any gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine may be made under subsection (1) only if the Authority is of the opinion —(a)

that without an immediate suspension, the continued use or supply of the gaming machine (and any gaming machine game installed therein) or peripheral equipment for a gaming machine jeopardises proper standards of integrity affecting gambling or the conduct of gaming;

(b)

that an immediate suspension is necessary so as to maintain public confidence and trust in the credibility, integrity and stability of licensees conducting gaming using gaming machines or peripheral equipment for a gaming machine of the same type; and

(c)

that it is impracticable in the circumstances of the particular case for the Authority to exercise any other power under any provision of this Act to effectively alleviate or minimise the adverse effects in paragraph (a) or (b).

(3) It is not necessary for the Authority to give any person who may be affected by a suspension under this section a chance to be heard before a notice of corrective action in respect of any gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine to be made is made.

(4) A notice of corrective action in respect of any gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine must be given to all or any of the following, individually or as a class:(a)

the supplier of the gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine (as the case may be) to whom approval was granted under section 74;

(b)

every licensee whom the Authority is aware provides a gambling service using the same kind of gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine.

(5) A notice of corrective action in respect of any gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine given in accordance with this section —(a)

temporarily suspends the approval under this Division relating to all gaming machines (and any gaming machine game installed therein) or peripheral equipment (as the case may be) of that same kind, whether or not a particular gaming machine (and any gaming machine game installed therein) or a peripheral equipment is operating as designed or intended; and

(b)

takes effect at such time, being the earliest practicable time, as is determined by or under the notice of corrective action given under subsection (1) and continues in force until either the following occurs, unless earlier confirmed under subsection (8):(i)

the expiry date (if any) stated in the notice is reached, which must not exceed 90 days at the first instance and may be renewed once only for a further period not exceeding 90 days;

(ii)

the Authority cancels the notice before the expiry date.

(6) A notice of corrective action in respect of any gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine may also contain directions from the Authority requiring —(a)

an affected licensee to stop providing a gambling service using the gaming machines (and any gaming machine game installed therein) or peripheral equipment (as the case may be) of that same kind, during the period the notice of corrective action has effect; and

(b)

the supplier concerned to do all or any of the following during the period the notice of corrective action has effect:(i)

to take such steps as may be reasonable and necessary in the circumstances to correct, repair or make alterations to gaming machines (and any gaming machine game installed therein) or peripheral equipment (as the case may be) of that same kind to prevent further jeopardy of proper standards of integrity affecting gambling or the conduct of gaming;

(ii)

until the corrective action in sub‑paragraph (i) is taken, to stop supplying to anyone in connection with any gambling service using gaming machines (and any gaming machine game installed therein) or peripheral equipment (as the case may be) of that same kind.

(7) Before confirming any notice of corrective action made under subsection (1), the Authority must give written notice to the supplier concerned and any licensee who is aggrieved by the notice —(a)

stating that the Authority intends to confirm the notice by cancelling the approval under this Division in respect of any gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine; and

(b)

specifying the time (being not less than 14 days after the date of service of the notice on the supplier) within which written representations may be made to the Authority with respect to the proposed confirmation.

(8) The Authority may, after considering any written representation made under subsection (7)(b), decide —(a)

to confirm the notice of corrective action by cancelling the approval in respect of the gaming machine (and any gaming machine game installed therein) or the peripheral equipment for a gaming machine in question; or

(b)

not to confirm the notice of corrective action (with or without modification) as the Authority considers appropriate.

(9) The Authority must serve on the supplier and every licensee which made representations under subsection (7)(b), a notice of the Authority’s decision under subsection (8).

(10) Every supplier and every licensee given a notice of corrective action must comply with the notice as soon as it takes effect.

—(1) Subject to subsection (2), the Authority may by a notice of corrective action given in accordance with this section, temporarily suspend the approval of a gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine if —(a)

the gaming machine (and any gaming machine game installed therein) or peripheral equipment has a serious malfunction; or

(b)

the gaming machine (and any gaming machine game installed therein) or peripheral equipment no longer operates as intended under the standards.

(2) A notice of corrective action in respect of any gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine may be made under subsection (1) only if the Authority is of the opinion —(a)

that without an immediate suspension, the continued use or supply of the gaming machine (and any gaming machine game installed therein) or peripheral equipment for a gaming machine jeopardises proper standards of integrity affecting gambling or the conduct of gaming;

(b)

that an immediate suspension is necessary so as to maintain public confidence and trust in the credibility, integrity and stability of licensees conducting gaming using gaming machines or peripheral equipment for a gaming machine of the same type; and

(c)

that it is impracticable in the circumstances of the particular case for the Authority to exercise any other power under any provision of this Act to effectively alleviate or minimise the adverse effects in paragraph (a) or (b).

(3) It is not necessary for the Authority to give any person who may be affected by a suspension under this section a chance to be heard before a notice of corrective action in respect of any gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine to be made is made.

(4) A notice of corrective action in respect of any gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine must be given to all or any of the following, individually or as a class:(a)

the supplier of the gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine (as the case may be) to whom approval was granted under section 74;

(b)

every licensee whom the Authority is aware provides a gambling service using the same kind of gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine.

(5) A notice of corrective action in respect of any gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine given in accordance with this section —(a)

temporarily suspends the approval under this Division relating to all gaming machines (and any gaming machine game installed therein) or peripheral equipment (as the case may be) of that same kind, whether or not a particular gaming machine (and any gaming machine game installed therein) or a peripheral equipment is operating as designed or intended; and

(b)

takes effect at such time, being the earliest practicable time, as is determined by or under the notice of corrective action given under subsection (1) and continues in force until either the following occurs, unless earlier confirmed under subsection (8):(i)

the expiry date (if any) stated in the notice is reached, which must not exceed 90 days at the first instance and may be renewed once only for a further period not exceeding 90 days;

(ii)

the Authority cancels the notice before the expiry date.

(6) A notice of corrective action in respect of any gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine may also contain directions from the Authority requiring —(a)

an affected licensee to stop providing a gambling service using the gaming machines (and any gaming machine game installed therein) or peripheral equipment (as the case may be) of that same kind, during the period the notice of corrective action has effect; and

(b)

the supplier concerned to do all or any of the following during the period the notice of corrective action has effect:(i)

to take such steps as may be reasonable and necessary in the circumstances to correct, repair or make alterations to gaming machines (and any gaming machine game installed therein) or peripheral equipment (as the case may be) of that same kind to prevent further jeopardy of proper standards of integrity affecting gambling or the conduct of gaming;

(ii)

until the corrective action in sub‑paragraph (i) is taken, to stop supplying to anyone in connection with any gambling service using gaming machines (and any gaming machine game installed therein) or peripheral equipment (as the case may be) of that same kind.

(7) Before confirming any notice of corrective action made under subsection (1), the Authority must give written notice to the supplier concerned and any licensee who is aggrieved by the notice —(a)

stating that the Authority intends to confirm the notice by cancelling the approval under this Division in respect of any gaming machine (and any gaming machine game installed therein) or any peripheral equipment for a gaming machine; and

(b)

specifying the time (being not less than 14 days after the date of service of the notice on the supplier) within which written representations may be made to the Authority with respect to the proposed confirmation.

(8) The Authority may, after considering any written representation made under subsection (7)(b), decide —(a)

to confirm the notice of corrective action by cancelling the approval in respect of the gaming machine (and any gaming machine game installed therein) or the peripheral equipment for a gaming machine in question; or

(b)

not to confirm the notice of corrective action (with or without modification) as the Authority considers appropriate.

(9) The Authority must serve on the supplier and every licensee which made representations under subsection (7)(b), a notice of the Authority’s decision under subsection (8).

(10) Every supplier and every licensee given a notice of corrective action must comply with the notice as soon as it takes effect.