South Australian Consolidated Acts South Australian Consolidated Acts73—Power of police as to premises where unlawful gaming is carried on
(1) Upon receiving a
report in writing from any police officer of or above the rank of Inspector
that he is of opinion that unlawful gaming is or is about to be carried on in
any place, the Commissioner of Police may give notice in writing addressed to
the occupier of that place, or if the name of the occupier is unknown, then
addressed to that particular place, ordering that all doors or other means of
entrance on that place or leading to or from that place, both internal and
external, shall be opened and kept open so as to admit of the free ingress and
egress of any member of the police force authorised in writing by the
Commissioner of Police and any persons assisting him during the days and hours
stated in the notice. The notice shall be served upon the occupier of the said
place, or, if the occupier cannot be found, it shall be deemed a sufficient
service if the notice is fastened in a conspicuous place on the outside of any
door or other means of entrance to or leading to or from the said place.
(2) After service of
the notice the following provisions shall apply:
(a) any
member of the police force authorised in writing by the Commissioner of Police
and any persons assisting him may enter, re-enter, and remain in or upon the
said place or any part thereof or any premises leading thereto during the days
and hours stated in the notice for the purpose of observing the conduct of all
persons in or upon the said place;
(c) any
member of the police force authorised in writing by the Commissioner of Police
and any member of the police force assisting him may use force if necessary in
making entry or re-entry, whether by breaking doors or otherwise.
(3) If—
(a) the
occupier of a place in relation to which a notice is given under
subsection (1); or
(b) in
the absence of the occupier, any other person present on that place,
refuses or neglects immediately to open or keep open, during the days and
hours stated in the notice, any door or means of entrance mentioned in the
notice, he or she is guilty of an offence.
Maximum penalty: $2 500.
(4) If a person, at
any time during the days and hours stated in a notice under
subsection (1), closes any door or means of entrance to the place to
which the notice relates, that person is guilty of an offence.
Maximum penalty: $2 500.