Section 37 Unlawful Gambling Act 1998 | Being on Gambling Premises Without Lawful Excuse


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The Legislation

Section 37 of the Unlawful Gambling Act 1998 (NSW) is concerned with Being on Gambling Premises Without Lawful Excuse and is set out below.

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37 Declared gambling premises – offence of being on premises without lawful excuse

(1) A person who is found on, or who is found entering or leaving, declared gambling premises:
(a) after the publishing of a notice of the making of:
(i) an interim declaration in accordance with section 21 (4), or
(ii) a final declaration in accordance with section 27 (3), and
(b) while the declaration concerned is in force,
is guilty of an offence. Maximum penalty:
for a first offence: 50 penalty units or imprisonment for 12 months (or both),
for a second or subsequent offence: 100 penalty units or imprisonment for 2 years (or both).
(2) A person is not guilty of an offence under this section if the person proves that he or she was on, or was entering, the declared gambling premises for a lawful purpose or excuse.