Part 10Gaming Machines

Exceptions

249Limited prize

(1)

A person does not commit an offence under section 37 or 242 if—

(a)

he makes a gaming machine available for use by an individual, and

(b)

the individual does not, by using the machine, acquire an opportunity to win a prize of a value in excess of the amount that he pays for or in connection with his use of the machine.

(2)

For the purpose of subsection (1)(b)—

(a)

the reference to paying includes a reference to—

(i)

paying money by way of an entrance charge,

(ii)

using a coin to activate a gaming machine where the coin will not or may not be returned,

(iii)

transferring money’s worth, and

(iv)

paying for goods or services at a price or rate which reflects the opportunity to use a gaming machine, and

(b)

it is immaterial—

(i)

to whom payment is made, and

(ii)

who receives benefit from the payment.