Northern Territory Consolidated Acts

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GAMING CONTROL ACT - SECT 68

Special powers relating to searches, &c.

    (1)     Notwithstanding section 117 of the Police Administration Act , it shall not be necessary in an information laid or application made for the purpose of obtaining a search warrant for the search of a place on or in which a member of the Police Force has reasonable grounds for suspecting that an offence against this Part is, has been or is about to be carried on, or in a search warrant issued as a result of that information laid or application made, for the particular items associated with the offence for which it is intended to search, or a description of such items, to be specified, and a search for any such items may be conducted by authority of the warrant.

    (2)     A member of the Police Force or gaming inspector who lawfully enters a place on or in which the member or gaming inspector has reasonable grounds for suspecting that an offence against this Part is, has been or is about to be carried on may, with such assistance as the member or gaming inspector thinks necessary, if necessary by force:

        (a)     open a cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, found on or in the place;

        (b)     without warrant, search a person found on or in the place or the clothing being worn by or property in the control of the person; and

        (c)     seize anything found on or in the place or in the course of the search that the member or gaming inspector reasonably believes is evidence of or associated with the offence committed on or in that place.

    (3)     The power conferred on a member of the Police Force by this section is in addition to and not in derogation of any other power conferred by a law in force in the Territory.

    (4)     Where the ownership of a gaming machine or part of a gaming machine cannot, at the time of its seizure under this section, be ascertained, the property seized shall be forfeit to the Crown and may be sold, destroyed or disposed of, as the Director thinks fit, after 90 days from the date of seizure if, within that time, it has not been possible after reasonable inquiry, to establish ownership of the property.

    (5)     A person found guilty of an offence relating to a gaming machine is liable to pay to the Crown the reasonable costs of handling, securing, maintaining or storing property seized under this section in relation to the offence, which costs may be assessed by the court and collected in like manner to a monetary penalty.



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