GAMBLING REGULATION ACT 2003 - SECT 10.5.9 Powers of inspectors

GAMBLING REGULATION ACT 2003 - SECT 10.5.9

    (1)     An inspector may do any one or more of the following—

        (a)     require any person in possession of, or having control of, any machinery, equipment or records relating to an activity regulated by a gaming Act to produce the machinery, equipment or records for inspection and to answer questions or provide information relating to the machinery, equipment or records;

        (b)     inspect any machinery, equipment or records referred to in paragraph (a) and take copies of, extracts from, or notes relating to, those 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 machinery, equipment or records;

        (d)     by written notice require—

              (i)     the holder of a licence, permit, approval or other authorisation under a gaming Act or a person listed on the Roll; or

              (ii)     an employee of a person referred to in subparagraph (i); or

              (iii)     any other person associated with operations or their management in premises the inspector is authorised to enter—

to attend before the inspector at a specified time or place and answer questions, or to provide information within a reasonable period specified in the notice, with respect to any activity regulated by a gaming Act;

        (e)     examine and test any machinery or equipment referred to in paragraph (a) and order the person in charge of the machinery or equipment to withdraw it from use if it is unsatisfactory for use;

S. 10.5.9(1)(f) amended by No. 37/2014 s. 10(Sch. item 72.19).

        (f)     call to the inspector's assistance a police officer if the inspector is obstructed, or believes on reasonable grounds that he or she will be obstructed, in the performance of his or her functions;

        (g)     any other thing authorised by a gaming Act or gaming regulations to be done by an inspector.

    (2)     If an inspector seizes anything under this section, it may be retained by the inspector until the completion of any proceedings (including proceedings on appeal) in which it 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 an inspector 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.