Section 43 Unlawful Gambling Act 1998 | Powers of Search for Gambling Aids


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The Legislation

Section 43 of the Unlawful Gambling Act 1998 (NSW) is concerned with Powers of Search for Gambling Aids and is set out below.

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43 Powers of search in relation to unlawful gambling aids and documents connected with unlawful gambling

(1) A police officer may stop, search and detain:
(a) a person whom the officer reasonably suspects of having or conveying:
(i) an unlawful gambling aid, or
(ii) 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
(b) a vehicle or vessel that the officer reasonably suspects is being used to convey or store:
(i) an unlawful gambling aid, or
(ii) any such documents or other records.
(2) In exercising any power conferred under subsection (1) or under section 40 (2) (d) or 41 (1) (e), a police officer may direct a relevant person to provide such assistance as may be reasonably required by the police officer to enable the officer to access any information contained in the matter or thing that has been seized, searched or detained. A “relevant person” is any person whom the police officer believes on reasonable grounds to be in charge of (or otherwise responsible for) the matter or thing that has been seized, searched or detained.
(3) A person to whom any such direction is given must comply with the direction. Maximum penalty: 50 penalty units or imprisonment for 12 months (or both).
(4) A police officer may give a direction under subsection (2) only if the police officer has reasonable grounds to believe that information relating to any gambling activity prohibited by or under this Act is contained as encrypted data in the matter or thing that has been seized, searched or detained.
(5) A person is not guilty of an offence under this section if the person proves:
(a) that the person had a lawful excuse for not complying with the direction, or
(b) that the person was not otherwise capable of providing the kind of assistance required by the direction.