• Specific Year
    Any

GAMING CONTROL ACT 1993 - SECT 156 Seizure and forfeiture of equipment

GAMING CONTROL ACT 1993 - SECT 156

Seizure and forfeiture of equipment

(1)  A police officer or an inspector may, without warrant, seize from any person any equipment which the police officer or inspector reasonably suspects is gaming equipment that the person is not authorised under this Act to possess.
(2)  A police officer or inspector may apply to a court not less than 28 days after seizure of equipment for an order that the equipment seized be forfeited to the Crown.
(3)  On an application under subsection (2) , the court must order that the equipment be forfeited to the Crown if the court is satisfied that the equipment is gaming equipment that the person is not authorised under this Act to possess regardless of whether a charge has been filed in relation to the equipment or whether a person has been convicted of an offence in relation to the equipment.
(4)  The owner of equipment seized under subsection (1) may apply, within 28 days of the seizure, to a court for the return of the equipment.
(5)  On an application under subsection (4) , the court must order that the equipment be returned to its owner if the court is satisfied that the equipment is gaming equipment that the owner is authorised under this Act to possess.
(6)  If the owner of equipment seized under subsection (1) does not apply for the return of the equipment within 28 days of the seizure, the equipment is forfeited to the Crown.
(7)  Any equipment forfeited under this section is to be sold or otherwise disposed of in accordance with the directions of the court.
(8)  The proceeds (if any) of the sale or disposal is to be applied as if they were penalties.