(1) The Secretary may declare, by notice in the Gazette, that gambling that is ordinarily within a class is gambling of another class if—
(a) the gambling does not satisfy the game rules that apply to the class into which the gambling would ordinarily fall; and
(b) the Secretary considers that the level of risk associated with the gambling justifies the declaration.
(2) A notice under subsection (1)—
(a) is a regulation for the purposes of the Regulations (Disallowance) Act 1989; but
(b) is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.