(1) Subject to subregulation (2), for the purposes of section 3.4.31A of the Act, a prescribed gaming machine is a gaming machine type approved by the Commission under section 3.5.4(3) of the Act on or after 1 December 2010.
(2) If a gaming machine type approved by the Commission under section 3.5.4(3) of the Act on or after 1 December 2010 is the same gaming machine type, except for its communication protocol, that has been approved by the Commission under that section before 1 December 2010, then the gaming machine type is not a prescribed gaming machine.