Victorian Consolidated Legislation

Gambling Regulation Act 2003 - SECT 2.5.40.

Procedure where house or place is entered under a special warrant etc.

2.5.40. Procedure where house or place is entered under a special warrant etc.



(1) This section applies if-

   (a)  a house or place is entered under a warrant under this Division and a
        person is found in the house or place or entering or leaving it; or

   (b)  a person is arrested as a person found in or entering or leaving a
        house or place to which this Division applies.

(2) If this section applies-

   (a)  the member of the police force authorised to enter the house or place
        or to make or making the arrest may require the person to give his or
        her name and address;

   (b)  a member of the police force must as soon as possible bring all such
        persons or as many of them as possible before a bail justice or the
        Magistrates' Court to be dealt with according to law;

   (c)  in addition to any other power that the bail justice or the Court may
        possess, the bail justice or the Court may-

   (i)  on the oral statement of a member of the police force (with or without
        oath as to the bail justice or the Court seems fit) direct orally or
        in writing that a person be released from custody; or

   (ii) by warrant in the form of Form 3 in Schedule 4 imprison a person until
        the hearing of a charge against them for an offence under this
        Division; or

   (iii) discharge a person on the person entering into a recognizance (with
        or without sureties at the discretion of the bail justice or the
        Court) conditioned for appearing at the hearing of the charge;

   (d)  in the case of a person so imprisoned, if within 24 hours after the
        person has been received into custody in a prison, a document
        purporting to be a copy of the charge is not served on or delivered to
        the person having the legal custody of the person, the person must be
        discharged from custody;

   (e)  on a prosecution of a person for an offence in connection with a house
        or place referred to in subsection (1), any other person found in the
        house or place (whether or not concerned in or connected with any
        contravention of this Division and whether or not present in court by
        virtue of any recognizance, summons or warrant) may be required by the
        court to give evidence on oath relating to the offence;

   (f)  a person referred to in paragraph (e) is not excused from giving
        evidence on the ground that it will tend to incriminate the person;

   (g)  a person referred to in paragraph (e) who refuses to be sworn or to
        give evidence is subject to be dealt with in all respects as if the
        person were a person appearing before a court in obedience to a
        subpoena or a summons to a witness who refuses without lawful cause or
        excuse to be sworn or to give evidence.





(3) A person must not-

   (a)  refuse to give a name or address under subsection (2)(a); or

   (b)  give a false name or address.

Penalty: 5 penalty units or imprisonment for 1 month or both.

(4) A warrant to imprison under subsection (2)(c)(ii) may be issued for more
than one person and, if so, it authorises the imprisonment of each person in
respect of whom it is issued.