Criminal Legislations

Section 55 Unlawful Gambling Act 1998 | Recognition of Interstate Gambling Offences


Section 55 of the Unlawful Gambling Act 1998 (NSW) is concerned with Recognition of Interstate Gambling Offences and is set out below.

For accurate advice and outstanding representation from criminal lawyers who are experienced in representing clients in unlawful gambling cases, call Sydney Criminal Lawyers today on (02) 9261 8881.

The Legislation

55 Recognition of interstate gambling offences

For the purposes of determining whether a person is liable to the penalty specified for a second or subsequent offence under a provision of this Act (the “relevant provision”), the second or subsequent offence referred to in the relevant provision is taken to include any offence that has been committed by the person under the law of any other State or Territory, but only if that offence would have been an offence under the relevant provision had it been committed in this State.

Section 53 Unlawful Gambling Act 1998 | Liability of Directors


Section 53 of the Unlawful Gambling Act 1998 (NSW) is concerned with Liability of Directors and is set out below.

For accurate advice and outstanding representation from criminal lawyers who are experienced in representing clients in unlawful gambling cases, call Sydney Criminal Lawyers today on (02) 9261 8881.

The Legislation

53 Liability of directors etc for offences by corporation – accessory to the commission of the offences

(1) For the purposes of this section, a “corporate offence” is an offence against this Act or the regulations that is capable of being committed by a corporation.
(2) A person commits an offence against this section if:
(a) a corporation commits a corporate offence, and
(b) the person is:
(i) a director of the corporation, or
(ii) an individual who is involved in the management of the corporation and who is in a position to influence the conduct of the corporation in relation to the commission of the corporate offence, and (c) the person:
(i) aids, abets, counsels or procures the commission of the corporate offence, or
(ii) induces, whether by threats or promises or otherwise, the commission of the corporate offence, or
(iii) conspires with others to effect the commission of the corporate offence, or
(iv) is in any other way, whether by act or omission, knowingly concerned in, or party to, the commission of the corporate offence.
Maximum penalty: The maximum penalty for the corporate offence if committed by an individual.
(3) The prosecution bears the legal burden of proving the elements of the offence against this section.
(4) The offence against this section can only be prosecuted by a person who can bring a prosecution for the corporate offence.
(5) This section does not affect the liability of the corporation for the corporate offence, and applies whether or not the corporation is prosecuted for, or convicted of, the corporate offence.
(6) This section does not affect the application of any other law relating to the criminal liability of any persons (whether or not directors or other managers of the corporation) who are concerned in, or party to, the commission of the corporate offence.

Section 52 Unlawful Gambling Act 1998 | Penalty Notices


Section 52 of the Unlawful Gambling Act 1998 (NSW) is concerned with Penalty Notices and is set out below.

For accurate advice and outstanding representation from criminal lawyers who are experienced in representing clients in unlawful gambling cases, call Sydney Criminal Lawyers today on (02) 9261 8881.

The Legislation

52 Penalty notices for certain offences

(1) An authorised officer may serve a penalty notice on a person if:
(a) it appears to the officer that the person has committed an offence under this Act or the regulations, and
(b) the regulations prescribe that offence as an offence for which a penalty notice may be issued.
(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay, within the time and to the person specified in the notice, the penalty prescribed by the regulations for the offence if dealt with under this section.
(3) A penalty notice may be served personally or by post.
(4) If the amount of the penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.
(5) Payment under this section is not an admission of liability for the purposes of, and does not affect or prejudice, any civil claim, action or proceeding arising out of, the same occurrence.
(6) The regulations may:
(a) prescribe an offence for the purposes of this section by specifying the offence by referring to the provision creating the offence, and
(b) prescribe the amount of penalty for an offence if dealt with under this section, and
(c) prescribe different amounts of penalty for different offences or classes of offences.
(7) The amount of penalty prescribed under this section for an offence may not exceed the maximum amount of penalty which could be imposed for the offence by a court.
(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings which may be taken in respect of offences.
(9) In this section:”authorised officer” means, in relation to a particular offence, a person belonging to a class of persons specified in the regulations in relation to that offence.

Section 45 Unlawful Gambling Act 1998 | Recovery of Money from Minors


Section 45 of the Unlawful Gambling Act 1998 (NSW) is concerned with Recovery of Money from Minors and is set out below.

For accurate advice and outstanding representation from criminal lawyers who are experienced in representing clients in unlawful gambling cases, call Sydney Criminal Lawyers today on (02) 9261 8881.

The Legislation

45 Recovery of certain money involving minors

If:

(a) any money is stolen or misappropriated by a minor, and
(b) money is subsequently spent by the minor for the purposes of gambling,
the person from whom the money was stolen or misappropriated may, in any court of competent jurisdiction, recover the amount of the money so spent from the person to whom it was paid.

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


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

For accurate advice and outstanding representation from criminal lawyers who are experienced in representing clients in unlawful gambling cases, call Sydney Criminal Lawyers today on (02) 9261 8881.

The Legislation

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.

Section 42 Unlawful Gambling Act 1998 | Eviction of Occupier of Gambling Premises


Section 42 of the Unlawful Gambling Act 1998 (NSW) is concerned with Eviction of Occupier of Gambling Premises and is set out below.

For accurate advice and outstanding representation from criminal lawyers who are experienced in representing clients in unlawful gambling cases, call Sydney Criminal Lawyers today on (02) 9261 8881.

The Legislation

42 Eviction of occupier of gambling premises

(1) If the owner of any premises has reasonable grounds to suspect that the premises are gambling premises, the owner may serve a notice to quit on the occupier.
(2) A notice to quit is to be served:
(a) on the occupier personally, or
(b) if the occupier cannot be found, by posting a copy of the notice on some conspicuous part of the premises.
(3) Once the notice to quit is served, the owner may take legal proceedings to evict the occupier and cancel the tenancy.
(4) The occupier may apply to the Local Court to cancel the notice to quit.
(5) The occupier must serve a copy of the application on the owner at least 2 days before the application is heard by the Local Court.
(6) Service of the application on the owner operates to stay any proceedings commenced by the owner under subsection (3) until such time as the Local Court determines the application.
(7) The Local Court may cancel the notice to quit if satisfied that the occupier has not knowingly allowed the premises to be used as gambling premises. The court may make such other orders in relation to the application as it thinks fit.
(8) This section does not apply to premises that are declared gambling premises.

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


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

For accurate advice and outstanding representation from criminal lawyers who are experienced in representing clients in unlawful gambling cases, call Sydney Criminal Lawyers today on (02) 9261 8881.

The Legislation

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.

Section 40 Unlawful Gambling Act 1998 | Search Warrants for Gambling Premises


Section 40 of the Unlawful Gambling Act 1998 (NSW) is concerned with Search Warrants for Gambling Premises and is set out below.

For accurate advice and outstanding representation from criminal lawyers who are experienced in representing clients in unlawful gambling cases, call Sydney Criminal Lawyers today on (02) 9261 8881.

The Legislation

40 Search warrant–suspected gambling premises

(1) A police officer may apply to an authorised officer for a search warrant if the officer has reasonable grounds for believing that any premises:
(a) are being kept or used as gambling premises, or
(b) will, within 72 hours of making the application, be used as gambling premises.
(2) An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any police officer:
(a) to enter and search the premises, and
(b) to search any person on the premises, and
(c) to arrest any person on the premises, and
(d) to seize:
(i) any gaming equipment and money found on the premises, and
(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, and
(e) to require any person on the premises to state his or her full name and address.
(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
(4) In this section:”authorised officer” has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.

Section 39 Unlawful Gambling Act 1998 | Obstructing Police Officer


Section 39 of the Unlawful Gambling Act 1998 (NSW) is concerned with Obstructing Police Officer and is set out below.

For accurate advice and outstanding representation from criminal lawyers who are experienced in representing clients in unlawful gambling cases, call Sydney Criminal Lawyers today on (02) 9261 8881.

The Legislation

39 Obstructing police officer

If a police officer is authorised under this Act to enter any premises, a person must not:

(a) wilfully prevent the officer from entering or re-entering those premises or any part of those premises, or
(b) wilfully obstruct or delay the officer from entering or re-entering those premises or any part of those premises, or
(c) give an alarm or cause an alarm to be given for the purpose of:
(i) notifying another person of the presence of the officer, or
(ii) obstructing or delaying the officer from entering or re-entering those premises or any part of those premises.
Maximum penalty: 50 penalty units or imprisonment for 12 months (or both).