Section 48 Unlawful Gambling Act 1998 | Evidence of Premises Used as Gambling Premises


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The Legislation

Section 48 of the Unlawful Gambling Act 1998 (NSW) is concerned with Evidence of Premises Used as Gambling Premises and is set out below.

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48 Evidence of premises used as gambling premises

(1) This section applies to and in respect of any premises that a police officer is authorised to enter under this Act if:
(a) a police officer is wilfully prevented from, or is obstructed or delayed in, entering or re-entering those premises or any part of those premises, or
(b) an external or internal door of, or means of access to, those premises is found to be fitted with a bolt, bar, chain, or any means or device for the purpose of preventing, delaying or obstructing the entry or re-entry into those premises of a police officer, or for giving an alarm in case of such entry or re-entry, or
(c) a person at or near those premises has a device that is capable of being used to give an alarm to another person on the premises, or
(d) those premises are found to be fitted or provided with any means of or device for playing at, or betting on, an unlawful game or with any means of or device for concealing, removing or destroying any gaming equipment, or
(e) there is found on those premises, or in the possession of a person on those premises, any gaming equipment, or
(f) there is found on those premises any documents or other records, including any computer records, devices or programs, that are kept or used in connection with, or that relate to, any gambling activity prohibited by or under this Act, or
(g) there is found on those premises any person who has been convicted of an offence relating to any gambling activity that is prohibited under this Act.
(2) Evidence that, at or about a specified time on a specified day, this section applied to or in respect of specified premises is, until the contrary is proven, evidence for the purposes of an offence under this Act:
(a) that the specified premises were, at or about the specified time of the specified day, kept or used as gambling premises, and
(b) that persons found on the specified premises, at or about the specified time of the specified day, were playing an unlawful game (whether or not any play took place in the presence of a police officer authorised to enter the premises), and
(c) that a person on the specified premises, at or about the specified time of the specified day, was on the specified premises without lawful excuse.