NSWIn ForceAct
Gaming Machines Act 2001
63Application for declaration of device as approved gaming machine
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#### 63 Application for declaration of device as approved gaming machine
63 Application for declaration of device as approved gaming machine
> > (1) The holder of a dealer’s licence may apply to the Authority for the declaration of a device as an approved gaming machine.
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> > (2) The Authority may—
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> > > (a) investigate any such application, or authorise its investigation, in order to determine whether the device is suitable for declaration, and
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> > > (b) require the applicant to meet the cost of the investigation.
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> > (2A) The cost of the investigation may include any fee imposed by the Authority in connection with testing or evaluating the device’s compatibility and compliance with an authorised CMS.
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> > (2B) Any amount required to be paid under subsection (2) or (2A) is payable to the Secretary.
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> > (3) It is a condition of the dealer’s licence held by the applicant that the applicant is to pay to the Secretary, within a time allowed by the Authority, such of the costs of the investigation as may be required by the Authority and is to do so even if the investigation is terminated without a decision being made as to whether or not the device is to be declared to be an approved gaming machine. Any such costs may be reviewed by the Authority only.
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> > (4) This section does not—
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> > > (a) confer a right to have a device investigated, or
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> > > (b) prevent the Authority from terminating at its discretion an investigation of a device.
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> **s 63:** Am 2005 No 78, Sch 1 \[11\]; 2011 No 72, Sch 3 \[67\]; 2017 No 20, Sch 2.3 \[5\] \[6\].