Lottery and Gaming Variation Regulations 2013 (SA)

South Australia

Lottery and Gaming Variation Regulations 2013

under the Lottery and Gaming Act 1936

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Lottery and Gaming Regulations 2008

4            Insertion of regulation 4A

4A          Instruments of unlawful gaming

Part 1—Preliminary

1—Short title

These regulations may be cited as the Lottery and Gaming Variation Regulations 2013.

2—Commencement

These regulations will come into operation on 1 January 2014.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Lottery and Gaming Regulations 2008

4—Insertion of regulation 4A

After regulation 4 insert:

4A—Instruments of unlawful gaming

(1)Pursuant to section 59A of the Act, an amusement machine with the characteristics of a gaming machine (within the meaning of the Gaming Machines Act 1992) is declared to be an instrument of unlawful gaming.

(2)For the purposes of this regulation—

(a)an amusement machine includes any device designed or adapted for the purpose of enabling a person to participate in a game of amusement; and

(b)an amusement machine will be taken to have the characteristics of a gaming machine if—

(i)it is a gaming machine, but not an approved gaming machine, within the meaning of the Gaming Machines Act 1992; or

(ii)it is capable of being operated by the insertion of a coin, note or other token (whether in the machine or another device to which it is linked) and—

(A)it simulates the operation of a gaming machine by the use or depiction of a spinning reel; or

(B)it is marked as a gaming machine or pokie or is described in any advertising, instructions or packaging as a gaming machine or pokie; or

(C)in the instructions for its operation, or in its operation, it uses or displays a word associated with gambling such as gambling, bet or jackpot or a derivative of such a word.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 12 September 2013

No 231 of 2013

MGA0002/12CS