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

Section 43 of the Unlawful Gambling Act 1998 (NSW) is concerned with Powers of Search for Gambling Aids 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

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.

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
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

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