Section 52 Unlawful Gambling Act 1998 | Penalty Notices


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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.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
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