Victorian Consolidated Legislation

Gambling Regulation Act 2003 - SECT 2.5.39.

Special warrant to enter premises suspected of being used as accessory to a common gaming house

2.5.39. Special warrant to enter premises suspected of being used as accessory
to a common gaming house



(1) A member of the police force may apply to a magistrate for a warrant under
this section if the member or another person suspects on reasonable grounds
that the owner or occupier of a house or place (the accessory house or place)
is permitting, allowing or suffering the house or place to be used as a means
of access to or of exit or escape from a common gaming house or place.

(2) A member of the police force may apply for a warrant under this section
only if he or she is expressly authorised by the Minister to do so in any
particular case.

(3) If a magistrate is satisfied by evidence on oath or by affidavit that
there are reasonable grounds for the suspicion founding an application under
subsection (1), the magistrate may issue a special warrant in the form of Form
2 in Schedule 4.

(4) A special warrant under this section authorises and directs the person to
whom it is issued and any other member of the police force-

   (a)  to enter and re-enter the accessory house or place at any time and as
        often as and with any assistants that may be found necessary and if
        necessary to use force for making entry or re-entry whether by
        breaking open doors or otherwise; and

   (b)  to pass through, from, over and along the accessory house or place;
        and

   (c)  to arrest, search and bring before a bail justice or the Magistrates'
        Court to be dealt with according to law all persons found in the
        accessory house or place or entering or leaving it; and

   (d)  to diligently search all parts of the accessory house or place where
        the member suspects that instruments of gaming are concealed; and

   (e)  to seize and bring before a bail justice or the Magistrates' Court to
        be dealt with according to law all instruments of gaming and all money
        and securities for money found in the accessory house or place or on
        any person referred to in paragraph (c).

(5) A person found in an accessory house or place or entering or leaving an
accessory house or place, without lawful excuse, is guilty of an offence and
liable to a penalty not exceeding half of a penalty unit.

(6) A person must not-

   (a)  wilfully prevent a member of the police force authorised by a warrant
        under this section to enter an accessory house or place from entering
        or re-entering it or any part of it; or

   (b)  obstruct or delay a member of the police force in so entering or
        re-entering; or

   (c)  for the purpose of preventing obstructing or delaying the entry or
        re-entry of a member of the police force, secure an external or
        internal door of an accessory house or place or means of access to the
        house or place by a bolt, bar, chain or other contrivance or use any
        other means for that purpose.

Penalty: 25 penalty units or imprisonment for 6 months or both.