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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.

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
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