Section 41 Unlawful Gambling Act 1998 | Powers of Entry to Gambling Premises

The Legislation

Section 41 of the Unlawful Gambling Act 1998 (NSW) is concerned with Powers of Entry to gambling Premises and is set out below.

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41 Declared gambling premises – powers of entry

(1) A police officer may at any time, and without any warrant:
(a) enter any declared gambling premises, and
(b) pass through, from, over, or along any other land or building for the purpose of entering any declared gambling premises, and
(c) for any of the purposes of this section, break open doors, windows or partitions and do such other acts as may be necessary, and
(d) seize any gaming equipment and money found in any declared gambling premises, and
(e) seize 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.
(2) Any gaming equipment, money or other thing seized under this section is forfeited to the Crown.
(3) The Commissioner of Police may direct that any gaming equipment or other thing (except money) seized under this section be destroyed.