Section 44 Unlawful Gambling Act 1998 | Forfeiture of Gambling Money and Equipment


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The Legislation

Section 44 of the Unlawful Gambling Act 1998 (NSW) is concerned with Forfeiture of Gambling Money and Equipment and is set out below.

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44 Forfeiture to Crown

(1) If a person is convicted of an offence under this Act:
(a) any money or gaming equipment seized in relation to the offence, or
(b) 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 and that are seized in relation to the offence,
are forfeited to the Crown.
(2) If a person is convicted of an offence under this Act, the court may order the forfeiture to the Crown of any unlawful gambling aid, and any such documents or other records in the person’s possession at the time of the offence if the court is satisfied that:
(a) the unlawful gambling aid, or such documents or records, were used by the person for or in connection with the commission of the offence, and
(b) the person was, at the time of the offence, carrying on bookmaking or any other activities associated with a bookmaking business.
(3) A police officer may seize and carry away any thing that may reasonably be suspected to be liable to forfeiture under this section.