Section 20 Unlawful Gambling Act 1998 | Interim Declaration as Gambling Premises


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Section 20 of the Unlawful Gambling Act 1998 (NSW) is concerned with Interim Declaration as Gambling Premises and is set out below.

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The Legislation

20 Interim declaration of premises as gambling premises

(1) A senior police officer may file with the Local Court an affidavit:
(a) stating that the officer believes that certain premises are gambling premises, and
(b) setting out the grounds for that belief.
(2) Within 5 days after the affidavit is filed, the Local Court must:
(a) make an interim declaration that the premises are reasonably suspected of being gambling premises, or
(b) determine not to make such an interim declaration.
(3) In determining whether or not to make an interim declaration, the Local Court may have regard to:
(a) any external or internal observations of the premises, and
(b) the external or internal construction of the premises, and
(c) the alleged reputation of persons observed entering, leaving or within the premises or in the near vicinity of the premises, and
(d) the existence of any of the matters referred to in section 48 (1), and
(e) any money observed or found on the premises, and
(f) any other matters the court considers relevant.
(4) If the Local Court makes an interim declaration, it must fix a date (being at least one month after the date on which the interim declaration is made) for the hearing of any application for the revocation of the interim declaration.

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