109. Powers in relation to conveyances

(1)

A police officer or an authorised officer may without warrant, do all or any of the following in relation to any conveyance on which a police officer or an authorised officer has reasonable grounds to believe that gambling has been, or is being, conducted, or which is used to convey any gambling article: (a)stop and detain the conveyance for as long as is reasonably necessary for the exercise of any other power under this section;

(b)

inspect the conveyance and any equipment in or on the conveyance;

(c)

make a still or moving image or recording of the conveyance and any document or article (whether or not a gambling article) or other thing in or on the conveyance;

(d)

inspect any document or article found on the conveyance and take extracts from, or make copies of, any such document or article;

(e)

seize any document or article (whether or not a gambling article) found on the conveyance if, in the opinion of the police officer or authorised officer —

(i)

the inspection or copying of or extraction from the document or article cannot reasonably be performed without taking possession;

(ii)

the document or article may be interfered with or destroyed unless possession is taken; or

(iii)

the document or article may be required as evidence in any criminal proceedings or regulatory action instituted or commenced under this Act;

(f)

operate any electronic equipment in or on the conveyance;

(g)

seize any unlawful gambling instrument found in or on the conveyance;

(h)

take into or onto the premises such equipment and materials as the police officer or authorised officer requires for the purpose of exercising powers in this section in relation to the conveyance.

(2)

Section 108(3), (4) and (5) applies to the power of a police officer or an authorised officer under this section with the necessary modifications.

(3)

Sections 370, 371 and 372 of the Criminal Procedure Code 2010 relating to the handling of property seized by a police officer apply, with the necessary modifications, to any thing coming into the possession of a police officer or an authorised officer under this section.

Terms defined in s 3

authorised officer
Defined · s 3
“authorised officer”, in relation to any provision of this Act, means an individual who is appointed under section 122 to perform any function or exercise any power under that provision;
Open s 3
convey
Defined · s 3
“convey” means carriage on any conveyance (whether or not in the course of a business), and includes any operation incidental to the whole course of carriage, such as loading, unloading and storage in transit;
Open s 3
conveyance
Defined · s 3
“conveyance” means any aircraft, train, vehicle, vessel or other mode of transport, whether of passengers or goods or both;
Open s 3
document
Defined · s 3
“document” means any thing in which information or material of any description is recorded;
Open s 3
gambling
Defined · s 3
“gambling” has the meaning given by section 4;
Open s 3
gambling article
Defined · s 3
“gambling article” means —(a)any machine, apparatus, appliance, equipment, instrument, communication device or other device, accessory or any other thing (whether or not of a similar kind), that —(i)is used, apparently used, likely to be used or capable of being used in conducting, or in connection with conducting, a betting operation, gaming or a lottery; or(ii)is evidence of, or signifies participation in, gambling or a right to participate in gambling that is not social gambling; or(b)any list, card, ticket, voucher, accounts or other document that —(i)is used, apparently used, likely to be used or capable of being used, in conducting, or in connection with conducting, a betting operation, gaming or a lottery; or(ii)is evidence of, or signifies participation in, gambling or a right to participate in gambling that is not social gambling,whether or not it is ordinarily used for some other purpose;
Open s 3
premises
Defined · s 3
“premises” means —(a)any space, whether built on or not and whether underground or underwater, or any part of such a space; or(b)any building or structure, whether situated underground or underwater, or any part of a building or structure or place, but does not include a conveyance;
Open s 3
regulatory action
Defined · s 3
“regulatory action” means any action that may be taken by the Authority under Part 7 against —(a)a licensee or class licensee; (b)a former licensee or former class licensee; or(c)a supplier of any gaming machine,and includes a confirmed interim order under section 91 and a directive under section 92;
Open s 3
unlawful gambling instrument
Defined · s 3
“unlawful gambling instrument” means any money or any gambling article that is used —(a)for or in connection with any form of unlawful gambling; or(b)for the purposes of a transaction that is dependent on any such form of unlawful gambling;
Open s 3

Read on from s 110

Part 10

Administration

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Part 11

Miscellaneous

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Part 12

Amendments to Casino Control Act 2006

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Part 13

Repeals, Amendments to Other Acts and Final Provisions

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Schedules

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