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Part 4 - Harm prevention and minimisation, enforcement, and other matters - Subpart 6 - Gambling inspectors

330 Secretary may appoint gambling inspectors

Subpart 6—Gambling inspectors

 

330Secretary may appoint gambling inspectors

The Secretary may appoint gambling inspectors, on a permanent or temporary basis, to perform the functions set out in section 332 and exercise the powers conferred by this Act.

 

331 Authority to act as gambling inspector

331Authority to act as gambling inspector
(1)The Secretary must issue a warrant of appointment to every person appointed as a gambling inspector.

 

(2)A warrant of appointment must—
(a)be in the prescribed form; and
(b)bear the photograph and signature of the holder; and
(c)contain any other particulars that may be prescribed.

 

(3)A warrant of appointment is, in the absence of evidence to the contrary, sufficient proof that the holder of the warrant may exercise the powers conferred on a gambling inspector under sections 333 to 338.

 

(4)A person who ceases to be a gambling inspector must return the person's warrant of appointment.

 

(5)A person who fails to comply with subsection (4) commits an offence and is liable on … conviction to a fine not exceeding $ 1,000.

 

332 Functions of gambling inspector

332Functions of gambling inspector

A gambling inspector must ensure, to the extent that is reasonably practicable, compliance with this Act by carrying out the following functions:

(a)inspecting, monitoring, and auditing, to the extent that is necessary, the conduct of gambling (including inspecting gambling equipment):
(b)inspecting, monitoring, and auditing, to the extent that is necessary, the counting of money and chips:
(c)conducting compliance audits of all aspects of the operations of gambling operators, businesses operating at class 4 venues, and grant recipients, to the extent that is necessary to determine compliance with this Act:
(d)detecting, investigating, and prosecuting offences against this Act and crimes involving dishonesty that involve or relate to gambling or conducting gambling, whether committed by a licensed gambling operator or any other person:
(e)liaising and co-operating with other enforcement agencies:
(f)investigating complaints from members of the public about the conduct of gambling:
(g)reporting to the Gambling Commission on any matter requested by the Gambling Commission:
(h)reporting to the Secretary on any matters relating to the gambling inspector’s functions.

 

Section 332(c): amended, on 3 March 2015, by section 112(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 332(d): amended, on 3 March 2015, by section 112(2) of the Gambling Amendment Act 2015 (2015 No 3).

 

333 Power of gambling inspector to require information or documents

333Power of gambling inspector to require information or documents
(1)If a gambling inspector considers it necessary or desirable for the purposes of carrying out his or her functions and exercising his or her powers under this Act, the inspector may by notice served on any person, require the person—
(a)to provide to the inspector, within the time and in the manner specified in the notice, any information or class of information specified in the notice; or
(b)to produce to the inspector, or to any person specified in the notice as acting on behalf of the inspector, any document or class of documents specified in the notice.

 

(2)A person required to provide information or documents under subsection (1) must provide the information or documents as promptly as is reasonable in the circumstances.

 

(3)A person (other than a licence holder) is not required to provide any information, or to produce any documents, if the supply of the information or documents would or could tend to incriminate the person.

 

(4)Before the inspector requires a person (other than a licence holder) to provide any information, or to produce any documents, the person must be informed of the right specified in subsection (3).

 

Section 333(2): amended, on 3 March 2015, by section 113 of the Gambling Amendment Act 2015 (2015 No 3).

 

334 Power of gambling inspector to enter and demand information

334Power of gambling inspector to enter and demand information
(1)A gambling inspector may, for the purpose of carrying out his or her functions, enter, at all reasonable times, and remain at a place (not being a private residence)—
(a)to which a venue licence applies, or at which a gambling inspector has reasonable grounds to believe that gambling has been, or is being, conducted; or
(b)where the holder, or the former holder, of an operator’s licence has a registered office or keeps records that relate to the conduct of gambling by the holder, or former holder, of the licence.

 

(2)A gambling inspector must not enter a place under subsection (1) at any time that the place is not open to the public unless—
(a)the entry occurs with the knowledge of the owner or occupier of the place; or
(b)the inspector is accompanied by the owner or occupier of the place, or a representative, agent, or employee of the owner or occupier.

 

(3)During an inspection, a gambling inspector may—
(a)require the production of, and examine, any books, accounts, records, tickets, or other documents (including electronic records or documents), or machine or equipment that relates to, or is used in, gambling or the conduct of gambling; and
(b)inspect any gambling equipment found on the premises to ensure that it conforms with minimum standards as required by section 326; and
(c)disable and seal any gambling equipment that the gambling inspector has reasonable grounds to believe does not conform with minimum standards, is faulty, or has been tampered with; and
(d)demand from the occupier of the place any other information that the gambling inspector may reasonably require for the purpose of the inspection; and
(e)take copies of the information referred to in paragraphs (a) and (d), or require that the information be forwarded to the inspector’s place of business.

 

(4)A gambling inspector who exercises powers under this section must show his or her warrant of appointment to any person at the place who may be interested in, or affected by, the exercise of those powers.

 

(5)A person (other than a licence holder) is not required to answer a question asked by an inspector under this section if the answer would or could tend to incriminate the person.

 

(6)Before an inspector requires a person (other than a licence holder) to answer a question, the person must be informed of the right specified in subsection (5).

 

Compare: 1977 No 84 s 135; 1990 No 62 s 86

Section 334(1)(b): amended, on 3 March 2015, by section 114(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 334(3)(a): amended, on 3 March 2015, by section 114(2) of the Gambling Amendment Act 2015 (2015 No 3).

 

335 Power of gambling inspector to seize equipment in casino venue

335Power of gambling inspector to seize equipment in casino venue
(1)A gambling inspector may, while in a casino venue, seize any gambling equipment, device, or thing if the inspector has reasonable grounds to believe it will be evidence of the commission of an offence against sections 351 to 353.

 

(2)A gambling inspector may exercise the power set out in subsection (1) only after he or she has given the person from whom the gambling equipment, device, or thing is proposed to be seized the opportunity to surrender the item to the inspector.

 

(3)The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 3) apply.

 

(4)To avoid doubt, subsection (1) does not authorise a gambling inspector to search any person.

 

(5)Repealed.

336 Power of gambling inspector to seize equipment in public place

336Power of gambling inspector to seize equipment in public place
(1)A gambling inspector may, while in a public place, seize any gambling equipment, device, or thing if the inspector has reasonable grounds to believe it will be evidence of an offence.

 

(2)A gambling inspector may exercise the power set out in subsection (1) only after he or she has given the person from whom the gambling equipment, device, or thing is proposed to be seized the opportunity to surrender the item to the inspector.

 

(3)The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 3) apply.

 

(4)To avoid doubt, subsection (1) does not authorise a gambling inspector to search any person.

 

(5)[Repealed]

 

(6)In this section, offence means—
(a)an offence against this Act; or
(b)a crime involving dishonesty that involves or relates to gambling or the conduct of gambling.

 

Section 336(3): replaced, on 1 October 2012, by section 254(4) of the Search and Surveillance Act 2012 (2012 No 24).

Section 336(5): repealed, on 1 October 2012, by section 254(5) of the Search and Surveillance Act 2012 (2012 No 24).

Section 336(6)(b): amended, on 3 March 2015, by section 115 of the Gambling Amendment Act 2015 (2015 No 3).

 

337 Return of equipment seized under section 335 or section 336 (Repealed)

337Return of equipment seized under section 335 or section 336 (Repealed)

338 Other powers of gambling inspectors

338Other powers of gambling inspectors

A gambling inspector may—

(a)apply to the Secretary for the suspension or cancellation of a certificate of approval under section 166:
(b)issue an infringement notice to any person under section 357.

 

339 Functions and powers of police

339Functions and powers of police

Every member of the police—

(a)may perform the functions of a gambling inspector under section 332; and
(b)has and may exercise the powers of a gambling inspector under sections 333 to 338.

 

340 Search warrants

Search warrants

 

340Search warrants
(1)A gambling inspector or constable may apply for a search warrant to search a place or thing.

 

(2)An application must be made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012 to an issuing officer (within the meaning of section 3 of that Act).

 

(3)The issuing officer may issue a search warrant to a gambling inspector or a constable if there are reasonable grounds for believing that—
(a)an offence has been, or is being, committed at the place or involving the thing:
(b)there is in, on, over, or under the place or thing, anything that is evidence of an offence.

 

(3A)Subject to subsection (3B), the provisions of Part 4 of the Search and Surveillance Act 2012 apply.

 

(3B)Despite subsection (3A), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or every constable.

 

(4)In this section and section 344, offence means—
(a)an offence against this Act; or
(b)a crime involving dishonesty that involves or relates to gambling or the conduct of gambling.

 

Compare: 1977 No 84 s 117

Section 340(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 340(2): replaced, on 1 October 2012, by section 254(7) of the Search and Surveillance Act 2012 (2012 No 24).

Section 340(3): amended, on 1 October 2012, by section 254(8) of the Search and Surveillance Act 2012 (2012 No 24).

Section 340(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 340(3A): inserted, on 1 October 2012, by section 254(9) of the Search and Surveillance Act 2012 (2012 No 24).

Section 340(3B): inserted, on 1 October 2012, by section 254(9) of the Search and Surveillance Act 2012 (2012 No 24).

Section 340(4): amended, on 1 October 2012, by section 254(10) of the Search and Surveillance Act 2012 (2012 No 24).

Section 340(4)(b): amended, on 3 March 2015, by section 116 of the Gambling Amendment Act 2015 (2015 No 3).

 

341 Form and content of search warrant (Repealed)

341Form and content of search warrant (Repealed)

342 Powers conferred by search warrant (Repealed)

342Powers conferred by search warrant (Repealed)

343 Requirements when executing search warrant (Repealed)

343Requirements when executing search warrant (Repealed)

344 Police may arrest persons found at place

344Police may arrest persons found at place

A member of the police who is executing, or assisting in the execution of, a search warrant at a place may, without further warrant, arrest any person found at the place if he or she has reasonable grounds to believe that the person is committing, or has committed, an offence.

 

345 Disposal of things seized under search warrant (Repealed)

345Disposal of things seized under search warrant (Repealed)

346 Obstructing gambling inspector

Other matters

 

346Obstructing gambling inspector
(1)Every person commits an offence who—
(a)intentionally obstructs or attempts to obstruct a gambling inspector from entering or remaining at a place referred to in section 334(1) in the execution of his or her duty; or
(b)refuses, without reasonable excuse, to provide any information or produce any documents that a gambling inspector has required under section 333(1); or
(c)refuses, except on the grounds of self-incrimination, to provide the information that a gambling inspector has demanded from the person under section 334(3); or
(d)otherwise intentionally obstructs or attempts to obstruct a gambling inspector in the execution of a power or duty.

 

(2)Every person who commits an offence against subsection (1) is liable on … conviction,—
(a)in the case of an individual, to a fine not exceeding $2,000:
(b)in the case of a holder of a class 3 operator's licence, class 4 operator's licence, or casino licence, to a fine not exceeding $5,000.

 

347 Restriction on class 4 gambling by certain persons

347Restriction on class 4 gambling by certain persons
(1)No person referred to in subsection (2) may participate in class 4 gambling—
(a)except in the performance of his or her duty; and
(b)only to the extent necessary for the performance of his or her duty.

 

(2)The persons are—
(a)a member of the Gambling Commission:
(b)the Secretary:
(c)a gambling inspector:
(d)an employee or class of employee of the Department specified by the Secretary.

 

(3)A person who fails to comply with this section,—
(a)in the case of a person specified in subsection (2)(a) or (b), commits an offence and is liable on … conviction to a fine not exceeding $5,000; and
(b)in the case of a person specified in subsection (2)(c) or (d), must be treated as having breached the code of conduct (if any) issued under section 57 of the State Sector Act 1988.

 

348 Restriction on gambling in casino by certain persons

348Restriction on gambling in casino by certain persons
(1)No person referred to in subsection (2) may gamble in a casino—
(a)except in the performance of his or her duty; and
(b)only to the extent necessary for the performance of his or her duty.

 

(2)The persons are—
(a)a member of the Gambling Commission:
(b)the Secretary:
(c)a gambling inspector:
(d)an employee or class of employee of the Department specified by the Secretary.

 

(3)A person who fails to comply with this section commits an offence and is liable on … conviction to a fine not exceeding $5,000.

 

349 Gambling inspectors and police not criminally liable

349Gambling inspectors and police not criminally liable
(1)No gambling inspector or member of the police may be charged with an offence against this Act for an act done in the performance of his or her duty.

 

(2)Subsection (1) applies despite the fact that, but for this section, the act would have otherwise constituted an offence.

 

350 Repealed

 

350 [Repealed]