In forceUpdated to 21 Sep 2026

Contents

Gambling Control Act 2022 · Updated to 21 Sep 2026 · Part 3 · Presumptions and Evidence

42. Presumptions in respect of unlawful gambling

(1)

An individual who is found at a particular time —

(a)

in an unlawful gambling place; or (b)escaping from an unlawful gambling place,before, upon or after the entry to the place by a police officer or an authorised officer as authorised to do so under this Act, is to be presumed, until the contrary is proved, to be or to have been gambling in that unlawful gambling place.

(2)

Subject to section 43(3), an individual who is found in possession of a lottery ticket is to be presumed, until the contrary is proved, to be participating in a lottery.

(3)

Where a gambling article is found in any premises, on the occasion that a police officer or an authorised officer enters the place as authorised to do so under this Act, gambling is to be presumed, until the contrary is proved, to be taking place then or to have taken place in those premises.

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
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
lottery
Defined · s 3
“lottery” has the meaning given by section 9;
Open s 3
place
Defined · s 3
“place” includes any premises and any conveyance, and any part of any premises or conveyance;
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
unlawful gambling place
Defined · s 3
“unlawful gambling place” means any place or premises —(a)used for or in connection with conduct of —(i)any unlawful betting operation;(ii)any unlawful gaming; or(iii)any unlawful lottery; or(b)used for or in connection with any unlawful gambling,and any place or premises may be regarded as used for or in connection with a purpose in paragraph (a) or (b) even if it is used for that purpose on only one occasion;
Open s 3

Read on from s 43

Part 4

Licensing

Read on from Part 4

Part 5

Gambling Venue and Games Approval

Read on from Part 5

Part 6

Harm Minimisation and Integrity Protection Measures

Read on from Part 6

Part 7

Regulatory Sanctions

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Part 8

Reconsideration and Appeals

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Part 9

Enforcement

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Part 10

Administration

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Part 11

Miscellaneous

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Part 12

Amendments to Casino Control Act 2006

Read on from Part 12

Part 13

Repeals, Amendments to Other Acts and Final Provisions

Read on from Part 13

Schedules

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