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GAMING CONTROL ACT 1993 - SECT 133 Powers of inspectors

GAMING CONTROL ACT 1993 - SECT 133

Powers of inspectors

(1)  An inspector may do any one or more of the following:
(a) require any person in possession of, or having control of, any gaming equipment or records to produce the equipment or records for inspection and to answer questions or provide information relating to the equipment or records;
(b) inspect any gaming equipment, other equipment used in relation to the conduct of gaming, a gaming activity, or a game, under a licence or permit granted under this Act or records and take copies of, extracts from, or notes relating to, any records;
(c) if the inspector considers it necessary to do so for the purpose of obtaining evidence of the commission of an offence, seize any gaming equipment, other equipment used in the conduct of a business under a licence or permit granted under this Act, records or prohibited device;
(d) by notice in writing require–
(i) the venue operator, the casino operator or the keno operator; or
(ia) the monitoring operator; or
(ii) the person listed on the Roll; or
(iii) a special employee; or
(iv) a licensed provider or agent of the licensed provider, or both; or
(v) a minor gaming operator; or
(vi) a foreign games permit holder; or
(vii) an accredited representative; or
(viii) any other person who the inspector, on reasonable grounds, believes conducts gaming or a gaming activity; or
(ix) an employee of a person referred to in this paragraph –
to attend before the inspector at a specified time or place and answer questions, or provide information, with respect to any business or activity authorized by a licence or permit under this Act;
(e) examine and test any gaming equipment in such premises and order the person in charge of the premises to withdraw unsatisfactory gaming equipment from use on the premises;
(ea) require any person to provide assistance to the inspector that is reasonably necessary to perform his or her functions;
(f) call to his or her aid a police officer if he or she is obstructed, or believes on reasonable grounds that he or she will be obstructed, in the exercise of his or her functions;
(g) any other thing authorized under this Act or any other Act to be done by an inspector.
(2)  If an inspector seizes gaming equipment, other equipment, records or a prohibited device under this section, they may be retained by the Commission until the completion of any proceedings in which they may be evidence but only if, in the case of records, the person from whom the records were seized is provided, within a reasonable time after the seizure, with a copy of the records certified by the Commission as a true copy.
(3)  Subsection (2) ceases to have effect in relation to things seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that subsection are instituted so orders.
(4)  A copy of records provided under subsection (2) is, as evidence, of equal validity to the records of which it is certified to be a copy.
(5)  A person is not required by this section to answer a question that might incriminate the person.
(6)  A police officer has, while assisting an inspector, the functions of an inspector.
(7)  In this section,
records means records relating to –
(a) any business or activity authorised by a licence or permit under this Act; or
(b) the unlawful conduct of gaming or a gaming activity.