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


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

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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.

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