A person does not commit an offence under section 37 or 242 if—
he makes a gaming machine available for use by an individual, and
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.
For the purpose of subsection (1)(b)—
the reference to paying includes a reference to—
paying money by way of an entrance charge,
using a coin to activate a gaming machine where the coin will not or may not be returned,
transferring money's worth, and
paying for goods or services at a price or rate which reflects the opportunity to use a gaming machine, and
it is immaterial—
to whom payment is made, and
who receives benefit from the payment.