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Part 4 - Harm prevention and minimisation, enforcement, and other matters - Subpart 8 - Proceedings, evidence, etc

354 Relationship of this Part with Part 2

Subpart 8—Proceedings, evidence, etc

 

354Relationship of this Part with Part 2

To avoid doubt, this Part does not prevent the Secretary from exercising his or her powers under Part 2.

 

355 Proceedings for offences

355Proceedings for offences
(1)Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this Act or any regulations made under it ends on the date that is 2 years after the date on which the offence was committed.

 

(1A)Despite subsection (1), the limitation period in respect of an offence against section 113 or 118 ends on the date that is 5 years after the date on which the offence was committed.

 

(2)Only a gambling inspector or a constable may file a charging document for an offence against this Act.

 

Section 355: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 355(1A): inserted, on 21 October 2015, by section 29 of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

 

356 Infringement offences

Infringement offences

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356Infringement offences
(1)If a person is alleged to have committed an infringement offence, the person may either—
(a)be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or
(b)be served with an infringement notice as provided in section 357.

 

(2)Despite section 21 of the Summary Proceedings Act 1957, leave of a District Court Judge or Registrar to file a charging document is not necessary if proceedings for an infringement offence are commenced by filing a charging document under the Criminal Procedure Act 2011.]

357 Issue of infringement notice

357Issue of infringement notice
(1)If a gambling inspector or member of the police has reasonable grounds to believe that a person is committing, or has committed, an infringement offence, the gambling inspector or member of the police may issue an infringement notice to the person for the offence.

 

(2)An infringement notice may be served—
(a)by delivering it, or a copy of it, personally to the person alleged to have committed the infringement offence; or
(b)by sending it, or a copy of it, by post addressed to the person at his or her last known place of residence or business or postal address.

 

(3)[An] infringement notice that is sent to a person by post under subsection (2)(b) is served on the person when it would have been delivered in the ordinary course of post.

 

(4)An infringement notice must be in the prescribed form and must contain the following particulars:
(a)the details of the alleged infringement offence that are necessary to sufficiently inform the person of the time, place, and nature of the alleged offence; and
(b)the amount of the infringement fee specified for the offence; and
(c)the address of the place at which the infringement fee may be paid; and
(d)the time by which the infringement fee must be paid; and
(e)a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
(f)a statement of the right of the person served with the notice to request a court hearing; and
(g)a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a court hearing; and
(h)any other particulars as may be prescribed.

 

(5)Different forms of infringement notices may be prescribed for different kinds of infringement offences.

 

358 Reminder notices

358Reminder notices
(1)A form of reminder notice may be prescribed by regulations made under this Act.

 

(2)Different forms of reminder notices may be prescribed for different kinds of infringement offences.

 

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(3)If a form of reminder notice is prescribed under this Act, it must contain the information set out in section 357(4).]

 

359 Infringement fees

359Infringement fees
(1)The infringement fee payable for an infringement offence is the fee prescribed for the offence by Schedule 6 or by regulations made under section 360.

 

(2)All infringement fees received by the Secretary under this Act or recovered under the Summary Proceedings Act 1957 must be paid into the Crown Bank Account.

 

360 Regulations relating to infringement offences

360Regulations relating to infringement offences

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

(a)prescribing infringement offences for the breach of any regulations or game rules made under this Act:
(b)setting the infringement fee for infringement offences specified by or prescribed under this Act, which,—
(i)in the case of a licence holder, may not exceed $5,000:
(ii)in the case of an individual, may not exceed $2,500:
(c)prescribing the forms that must be used for issuing an infringement notice.

 

Section 360(b): amended, on 15 December 2005, by section 10 of the Gambling Amendment Act (No 2) 2005 (2005 No 104).

Section 360(b)(i): amended, on 3 March 2015, by section 117(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 360(b)(ii): amended, on 3 March 2015, by section 117(2) of the Gambling Amendment Act 2015 (2015 No 3).

 

361 Evidence of gambling

Evidence

 

361Evidence of gambling
(1)The presence of gambling equipment at a place is, in the absence of evidence to the contrary, sufficient proof that the owner or occupier of the place was conducting illegal gambling in contravention of section 19(1).

 

(2)In proceedings for an illegal gambling offence, it is not necessary for the prosecution to prove—
(a)that the person actually used the gambling equipment in the presence of a gambling inspector or a member of the police; or
(b)that the person found using the gambling equipment had paid for the right to participate.

 

362 Evidence of bookmaking

362Evidence of bookmaking
(1)The presence of a document or thing designed, adapted, or intended for use in bookmaking at a place is, in the absence of evidence to the contrary, sufficient proof—
(a)that the owner or occupier of the place was causing or permitting the place to be used for bookmaking in contravention of section 19(1):
(b)that the owner or occupier was conducting bookmaking in contravention of section 19(1).

 

(2)In proceedings for a bookmaking offence, it is not necessary for the prosecution to prove that a bet was made in the presence of a gambling inspector or constable.

 

(3)However, it is sufficient evidence, unless the contrary is proved, that the person was carrying on the business of bookmaking if it is shown that the person—
(a)has offered, directly or indirectly, to receive or negotiate any bet or to lay any odds; or
(b)has issued or has been party to the issue of any card, circular, advertisement, or other document (including in electronic form) indicating or purporting to indicate, in any manner, where or with whom or at what odds a bet may be made.

 

Compare: 1977 No 84 s 122

Section 362(1)(b): amended, on 3 March 2015, by section 118 of the Gambling Amendment Act 2015 (2015 No 3).

Section 362(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

 

363 Forfeiture

363Forfeiture
(1)If a person is convicted of an offence against this Act, the Court may, in addition to any other penalty that may be imposed, order that any equipment, thing, document, or money used in the commission of the offence be forfeited to the Crown.

 

(2)Section 199(4) to (6) of the Summary Proceedings Act 1957 applies with any necessary modifications to an order made under subsection (1).

 

(3)Subject to subsection (2),—
(a)all equipment, things, or documents forfeited to the Crown must be delivered to the Secretary, and may be destroyed or otherwise disposed of in the manner that the Secretary thinks fit:
(b)all money forfeited to the Crown must be paid into the Crown Bank Account.