sec.208Approval of regulated wagering equipment

sec.208 Approval of regulated wagering equipment

An authority operator may apply to the chief executive— for an approval for regulated wagering equipment proposed to be used in the conduct of approved wagering; or for approval to modify approved wagering equipment used in the conduct of approved wagering. An application must— be in the approved form; and be accompanied by the application fee prescribed under a regulation. The chief executive must consider the application and if, for deciding the application, the chief executive considers it is necessary for the equipment, or the equipment as proposed to be modified, to be evaluated, the chief executive must— carry out the evaluation; or direct the authority operator— to arrange to have the equipment evaluated by an approved evaluator; and to give the chief executive a written report of the evaluation. If the chief executive carries out an evaluation of the equipment— the authority operator must pay the fee prescribed under a regulation for the evaluation to the chief executive; and if an amount of the fee is not paid by the authority operator, the State may recover the amount from the authority operator as a debt. After considering the application and any evaluation of equipment, the chief executive must— grant the approval; or grant the approval with conditions; or refuse to grant the approval. The chief executive may refuse to grant an approval if— the fee payable for an evaluation carried out by the chief executive is not paid; or the authority operator fails to comply with a direction of the chief executive under subsection (3) (b) . When the chief executive makes a decision under subsection (5) , the chief executive must— for a decision to grant an approval—immediately give the authority operator written notice of the decision; or for a decision to grant an approval with conditions—immediately give the authority operator an information notice for the decision; or for a decision to refuse to grant an approval—immediately give the authority operator an information notice for the decision. The chief executive may act under subsection (9) only if, having regard to the objects of this Act, the chief executive considers taking the action is— necessary or appropriate for the proper conduct of wagering; or otherwise in the public interest. At any time after granting an approval, the chief executive may decide to— impose conditions on the approval, whether or not the approval is already subject to conditions; or vary a condition of the approval; or remove a condition of the approval. When the chief executive makes a decision under subsection (9) , the chief executive must— for a decision to impose a condition on an approval—give the authority operator for the approval an information notice for the decision; or for a decision to vary a condition of an approval—give the authority operator for the approval an information notice for the decision; or for a decision to remove a condition of an approval—give the authority operator for the approval written notice of the decision. s 208 amd 1999 No. 77 s 205 ; 2022 No. 23 s 107 (sec.208-ssec.1) An authority operator may apply to the chief executive— for an approval for regulated wagering equipment proposed to be used in the conduct of approved wagering; or for approval to modify approved wagering equipment used in the conduct of approved wagering. (sec.208-ssec.2) An application must— be in the approved form; and be accompanied by the application fee prescribed under a regulation. (sec.208-ssec.3) The chief executive must consider the application and if, for deciding the application, the chief executive considers it is necessary for the equipment, or the equipment as proposed to be modified, to be evaluated, the chief executive must— carry out the evaluation; or direct the authority operator— to arrange to have the equipment evaluated by an approved evaluator; and to give the chief executive a written report of the evaluation. (sec.208-ssec.4) If the chief executive carries out an evaluation of the equipment— the authority operator must pay the fee prescribed under a regulation for the evaluation to the chief executive; and if an amount of the fee is not paid by the authority operator, the State may recover the amount from the authority operator as a debt. (sec.208-ssec.5) After considering the application and any evaluation of equipment, the chief executive must— grant the approval; or grant the approval with conditions; or refuse to grant the approval. (sec.208-ssec.6) The chief executive may refuse to grant an approval if— the fee payable for an evaluation carried out by the chief executive is not paid; or the authority operator fails to comply with a direction of the chief executive under subsection (3) (b) . (sec.208-ssec.7) When the chief executive makes a decision under subsection (5) , the chief executive must— for a decision to grant an approval—immediately give the authority operator written notice of the decision; or for a decision to grant an approval with conditions—immediately give the authority operator an information notice for the decision; or for a decision to refuse to grant an approval—immediately give the authority operator an information notice for the decision. (sec.208-ssec.8) The chief executive may act under subsection (9) only if, having regard to the objects of this Act, the chief executive considers taking the action is— necessary or appropriate for the proper conduct of wagering; or otherwise in the public interest. (sec.208-ssec.9) At any time after granting an approval, the chief executive may decide to— impose conditions on the approval, whether or not the approval is already subject to conditions; or vary a condition of the approval; or remove a condition of the approval. (sec.208-ssec.10) When the chief executive makes a decision under subsection (9) , the chief executive must— for a decision to impose a condition on an approval—give the authority operator for the approval an information notice for the decision; or for a decision to vary a condition of an approval—give the authority operator for the approval an information notice for the decision; or for a decision to remove a condition of an approval—give the authority operator for the approval written notice of the decision.