Gaming (Prohibition of Gaming Machines) Act 1999
PROHIBITION OF IMPORTATION OF GAMING EQUIPMENT
ACT 1999

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BERMUDA
1999 : 41

PROHIBITION OF IMPORTATION OF GAMING EQUIPMENT
ACT 1999

[Date of Assent 22 December 1999]

[Operative Date 22 December 1999]

ARRANGEMENT OF SECTIONS

1 Short title
2 Interpretation
3 Machines to which this Act

applies

4 Importation of machines
prohibited

5 Amends Lotteries Act 1944

WHEREAS it is expedient to prohibit the importation of gaming
machines, parts and accessories, and of lottery tickets:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act may be cited as the Prohibition of Importation of
Gaming Equipment Act 1999.

Interpretation

2 (1) In this Act

PROHIBITION OF IMPORTATION OF GAMING EQUIPMENT
ACT 1999

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"game of chance" includes a game of chance and skill combined
and a pretended game of chance or of chance and skill
combined;

"gaming" means the playing of a game of chance for winnings in
money or money's worth, whether or not any person playing
the game is at risk of losing any money or money's worth ;

"machine" includes any apparatus;

"winnings" includes any prizes or other winnings of any kind and
any reference to the amount or to the payment of winnings
shall be construed accordingly.

(2) For the purposes of this Act a machine shall be taken not
to be used for gaming if it is used in such a way that no game played by
means of the machine can result in a player, or a person claiming under
a player, receiving or being entitled to receive, any article, benefit or
advantage other than one (but not both) of the following, that is to say

(a) an opportunity afforded by the automatic action of the
machine to play one or more further games without the
insertion of cash or token;

(b) the delivery by means of the machine of one or more
coins or tokens as a prize in respect of a game where one
or more coins or tokens of an equal or greater value or
aggregate value were inserted into the machine by or on
behalf of the player in order to play that game.

(3) In determining for the purposes of this Act whether a game,
which is played otherwise than against one or more other players, is a
game of chance and skill combined, the possibility of superlative skill
eliminating the element of chance shall be disregarded.

Machines to which this Act applies
3 (1) This Act applies to any machine which

(a) is constructed or adapted for the playing of a game of
chance by means of the machine; and

(b) has a slot or other aperture for the insertion of money or
money's worth in the form of cash or tokens.

(2) In subsection (1), the reference to playing a game of chance
by means of a machine includes playing a game of chance partly by
means of a machine and partly by other means if the element of chance
in the game is provided by means of the machine.

PROHIBITION OF IMPORTATION OF GAMING EQUIPMENT
ACT 1999

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(3) For the purposes of the application of this Act, the Premier
may by order amend paragraphs (a) and (b) of subsection (1) or add
additional paragraphs thereto.

(4) An order made under subsection (3) shall be subject to
negative resolution procedure.

Importation of machines prohibited
4 (1) No person shall import or cause to be imported into
Bermuda a machine to which this Act applies.

(2) No person shall import or cause to be imported into
Bermuda any part or accessory for a machine to which this Act applies.

(3) Any customs officer or police officer may seize and detain
any machine, part or accessory which he has reason to believe has been
imported in contravention of subsection (1) or (2).

(4) Any person who contravenes the provisions of subsection
(1) or (2) is guilty of an offence and liable on summary conviction to a
fine of $10,000; and the court before which he is convicted may order
any machine, part or accessory shown to its satisfaction to relate to the
offence, to be forfeited and destroyed or dealt with in such other manner
as the court may order.

Amends Lotteries Act 1944
5 Section 2(2) of the Lotteries Act 1944 is amended by inserting
the following paragraph after paragraph (a)

"(aa) imports into Bermuda any ticket for use in the lottery; or".