sec.88Other powers of inspectors

### sec.88 Other powers of inspectors An inspector may do each of the following— require any person who has in the person’s possession or under the person’s control any gaming equipment or chips or any books, accounts, records or documents (which books, accounts, records or documents are hereafter in this division referred to as records) related to the operation of a casino or otherwise relevant to the administration of this Act to do any of the following at or by a stated time and in a stated way— make the gaming equipment, chips or records available for inspection by an inspector or produce them to an inspector for inspection; answer questions or give information about the gaming equipment, chips or records; inspect any gaming equipment or chips or records referred to in paragraph (a) and take such notes or copies of or in relation to such records or extracts therefrom as the inspector deems necessary; where the inspector deems it necessary so to do for the purpose of obtaining evidence for production in possible subsequent proceedings against any person for an offence committed against this Act or any other Act or law—impound or retain any gaming equipment or chips or records inspected by the inspector pursuant to paragraph (b) , provided that the person entitled thereto in the case of records shall, in lieu thereof, be entitled within a reasonable time to a copy certified as correct by the inspector, and such certified copy shall be received in all courts as evidence of and as of equal validity to the original; with the prior approval in writing of the Minister and subject to subsection (3) , enter any premises or place in or at which the inspector believes on reasonable grounds any gaming equipment or chips or records as aforesaid is or are present in order to search for such equipment, chips or records; in a casino or other premises or place search for and seize and retain any gaming equipment or chips or records as aforesaid that the inspector considers will afford evidence as to the commission of an offence against this Act or any other Act or law suspected by the inspector on reasonable grounds to have been committed; require any casino licensee, lessee under a casino lease, casino operator under a casino management agreement, casino key employee, casino employee or any other person associated with the operation or management of a casino to— give the inspector, by a stated time and in a stated way— information relating to the management or operation of the casino; or if information relating to the management or operation of the casino is kept, stored or recorded electronically—a clear written reproduction of the information; or attend before the inspector at a stated time and place to answer questions or give information about the management or operation of the casino; examine and test any gaming equipment or chips and order the destruction of gaming equipment of chips considered by the inspector to be unsatisfactory for use; receive and investigate complaints from casino patrons with respect to any aspect of the operation of a casino and advise such patrons the results of the investigations; call to the inspector’s aid— another inspector where the inspector is obstructed or believes on reasonable grounds that the inspector will be obstructed in the exercise of powers or performance of duties; or a person who the inspector thinks is competent to assist the inspector in the exercise of powers or performance of duties. Any gaming equipment or chips or records impounded or retained pursuant to subsection (1) (c) or seized and retained pursuant to subsection (1) (e) may be detained for such period as the inspector thinks fit and, where any proceedings are commenced for the purpose of which the equipment, chips or records was or were retained, shall be detained until the final determination of those proceedings including any appeal in the matter of those proceedings. Before an inspector enters any premises that are used or any part of premises that is used exclusively as a dwelling house, the inspector shall, save where the inspector has the permission of the occupier thereof to the inspector’s entry, obtain from a justice a warrant to enter in the approved form. For the purposes of this subsection, premises used as a dwelling house do not include the curtilage of those premises. A justice who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect that any gaming equipment or chips or records related to the operation of a casino or otherwise relevant to the administration of this Act is or are on premises or a part of premises used exclusively as a dwelling house and that— in respect thereof an offence against this Act or any other Act or law has been, is being or is likely to be committed; or it or they are likely to be or provide evidence for production in possible subsequent proceedings against any person for an offence committed against this Act or any other Act or law; may issue a warrant, directed to the inspector, to enter the premises or part of premises specified in the warrant for the purpose of exercising therein the powers conferred upon an inspector under this Act. For 1 month from the date of its issue, a warrant shall be sufficient authority for the inspector and any person acting in aid of the inspector— to enter the premises or part of premises specified in the warrant; and to exercise therein the powers conferred upon an inspector under this Act. For the purpose of gaining entry to any place that the inspector is authorised under this Act to enter, an inspector and all persons acting in aid of the inspector may use such force as is necessary. A person who is acting in aid of an inspector under this Act shall have and may exercise all or any of the powers conferred upon an inspector under this Act. Any requirement under this section may be made— verbally; or by written notice given to the person of whom the requirement is made. In this section— information includes a document. s 88 amd 1995 No. 6 s 2 sch ; 2000 No. 5 s 461 sch 3 ; 2002 No. 43 s 112 sch 2 ; 2005 No. 12 s 88 sch ; 2024 No. 10 s 52 (sec.88-ssec.1) An inspector may do each of the following— require any person who has in the person’s possession or under the person’s control any gaming equipment or chips or any books, accounts, records or documents (which books, accounts, records or documents are hereafter in this division referred to as records) related to the operation of a casino or otherwise relevant to the administration of this Act to do any of the following at or by a stated time and in a stated way— make the gaming equipment, chips or records available for inspection by an inspector or produce them to an inspector for inspection; answer questions or give information about the gaming equipment, chips or records; inspect any gaming equipment or chips or records referred to in paragraph (a) and take such notes or copies of or in relation to such records or extracts therefrom as the inspector deems necessary; where the inspector deems it necessary so to do for the purpose of obtaining evidence for production in possible subsequent proceedings against any person for an offence committed against this Act or any other Act or law—impound or retain any gaming equipment or chips or records inspected by the inspector pursuant to paragraph (b) , provided that the person entitled thereto in the case of records shall, in lieu thereof, be entitled within a reasonable time to a copy certified as correct by the inspector, and such certified copy shall be received in all courts as evidence of and as of equal validity to the original; with the prior approval in writing of the Minister and subject to subsection (3) , enter any premises or place in or at which the inspector believes on reasonable grounds any gaming equipment or chips or records as aforesaid is or are present in order to search for such equipment, chips or records; in a casino or other premises or place search for and seize and retain any gaming equipment or chips or records as aforesaid that the inspector considers will afford evidence as to the commission of an offence against this Act or any other Act or law suspected by the inspector on reasonable grounds to have been committed; require any casino licensee, lessee under a casino lease, casino operator under a casino management agreement, casino key employee, casino employee or any other person associated with the operation or management of a casino to— give the inspector, by a stated time and in a stated way— information relating to the management or operation of the casino; or if information relating to the management or operation of the casino is kept, stored or recorded electronically—a clear written reproduction of the information; or attend before the inspector at a stated time and place to answer questions or give information about the management or operation of the casino; examine and test any gaming equipment or chips and order the destruction of gaming equipment of chips considered by the inspector to be unsatisfactory for use; receive and investigate complaints from casino patrons with respect to any aspect of the operation of a casino and advise such patrons the results of the investigations; call to the inspector’s aid— another inspector where the inspector is obstructed or believes on reasonable grounds that the inspector will be obstructed in the exercise of powers or performance of duties; or a person who the inspector thinks is competent to assist the inspector in the exercise of powers or performance of duties. (sec.88-ssec.2) Any gaming equipment or chips or records impounded or retained pursuant to subsection (1) (c) or seized and retained pursuant to subsection (1) (e) may be detained for such period as the inspector thinks fit and, where any proceedings are commenced for the purpose of which the equipment, chips or records was or were retained, shall be detained until the final determination of those proceedings including any appeal in the matter of those proceedings. (sec.88-ssec.3) Before an inspector enters any premises that are used or any part of premises that is used exclusively as a dwelling house, the inspector shall, save where the inspector has the permission of the occupier thereof to the inspector’s entry, obtain from a justice a warrant to enter in the approved form. (sec.88-ssec.3A) For the purposes of this subsection, premises used as a dwelling house do not include the curtilage of those premises. (sec.88-ssec.3B) A justice who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect that any gaming equipment or chips or records related to the operation of a casino or otherwise relevant to the administration of this Act is or are on premises or a part of premises used exclusively as a dwelling house and that— in respect thereof an offence against this Act or any other Act or law has been, is being or is likely to be committed; or it or they are likely to be or provide evidence for production in possible subsequent proceedings against any person for an offence committed against this Act or any other Act or law; may issue a warrant, directed to the inspector, to enter the premises or part of premises specified in the warrant for the purpose of exercising therein the powers conferred upon an inspector under this Act. (sec.88-ssec.3C) For 1 month from the date of its issue, a warrant shall be sufficient authority for the inspector and any person acting in aid of the inspector— to enter the premises or part of premises specified in the warrant; and to exercise therein the powers conferred upon an inspector under this Act. (sec.88-ssec.4) For the purpose of gaining entry to any place that the inspector is authorised under this Act to enter, an inspector and all persons acting in aid of the inspector may use such force as is necessary. (sec.88-ssec.5) A person who is acting in aid of an inspector under this Act shall have and may exercise all or any of the powers conferred upon an inspector under this Act. (sec.88-ssec.6) Any requirement under this section may be made— verbally; or by written notice given to the person of whom the requirement is made. (sec.88-ssec.7) In this section— information includes a document. - (a) require any person who has in the person’s possession or under the person’s control any gaming equipment or chips or any books, accounts, records or documents (which books, accounts, records or documents are hereafter in this division referred to as records) related to the operation of a casino or otherwise relevant to the administration of this Act to do any of the following at or by a stated time and in a stated way— (i) make the gaming equipment, chips or records available for inspection by an inspector or produce them to an inspector for inspection; (ii) answer questions or give information about the gaming equipment, chips or records; - (i) make the gaming equipment, chips or records available for inspection by an inspector or produce them to an inspector for inspection; - (ii) answer questions or give information about the gaming equipment, chips or records; - (b) inspect any gaming equipment or chips or records referred to in paragraph (a) and take such notes or copies of or in relation to such records or extracts therefrom as the inspector deems necessary; - (c) where the inspector deems it necessary so to do for the purpose of obtaining evidence for production in possible subsequent proceedings against any person for an offence committed against this Act or any other Act or law—impound or retain any gaming equipment or chips or records inspected by the inspector pursuant to paragraph (b) , provided that the person entitled thereto in the case of records shall, in lieu thereof, be entitled within a reasonable time to a copy certified as correct by the inspector, and such certified copy shall be received in all courts as evidence of and as of equal validity to the original; - (d) with the prior approval in writing of the Minister and subject to subsection (3) , enter any premises or place in or at which the inspector believes on reasonable grounds any gaming equipment or chips or records as aforesaid is or are present in order to search for such equipment, chips or records; - (e) in a casino or other premises or place search for and seize and retain any gaming equipment or chips or records as aforesaid that the inspector considers will afford evidence as to the commission of an offence against this Act or any other Act or law suspected by the inspector on reasonable grounds to have been committed; - (f) require any casino licensee, lessee under a casino lease, casino operator under a casino management agreement, casino key employee, casino employee or any other person associated with the operation or management of a casino to— (i) give the inspector, by a stated time and in a stated way— (A) information relating to the management or operation of the casino; or (B) if information relating to the management or operation of the casino is kept, stored or recorded electronically—a clear written reproduction of the information; or (ii) attend before the inspector at a stated time and place to answer questions or give information about the management or operation of the casino; - (i) give the inspector, by a stated time and in a stated way— (A) information relating to the management or operation of the casino; or (B) if information relating to the management or operation of the casino is kept, stored or recorded electronically—a clear written reproduction of the information; or - (A) information relating to the management or operation of the casino; or - (B) if information relating to the management or operation of the casino is kept, stored or recorded electronically—a clear written reproduction of the information; or - (ii) attend before the inspector at a stated time and place to answer questions or give information about the management or operation of the casino; - (g) examine and test any gaming equipment or chips and order the destruction of gaming equipment of chips considered by the inspector to be unsatisfactory for use; - (h) receive and investigate complaints from casino patrons with respect to any aspect of the operation of a casino and advise such patrons the results of the investigations; - (i) call to the inspector’s aid— (i) another inspector where the inspector is obstructed or believes on reasonable grounds that the inspector will be obstructed in the exercise of powers or performance of duties; or (ii) a person who the inspector thinks is competent to assist the inspector in the exercise of powers or performance of duties. - (i) another inspector where the inspector is obstructed or believes on reasonable grounds that the inspector will be obstructed in the exercise of powers or performance of duties; or - (ii) a person who the inspector thinks is competent to assist the inspector in the exercise of powers or performance of duties. - (i) make the gaming equipment, chips or records available for inspection by an inspector or produce them to an inspector for inspection; - (ii) answer questions or give information about the gaming equipment, chips or records; - (i) give the inspector, by a stated time and in a stated way— (A) information relating to the management or operation of the casino; or (B) if information relating to the management or operation of the casino is kept, stored or recorded electronically—a clear written reproduction of the information; or - (A) information relating to the management or operation of the casino; or - (B) if information relating to the management or operation of the casino is kept, stored or recorded electronically—a clear written reproduction of the information; or - (ii) attend before the inspector at a stated time and place to answer questions or give information about the management or operation of the casino; - (A) information relating to the management or operation of the casino; or - (B) if information relating to the management or operation of the casino is kept, stored or recorded electronically—a clear written reproduction of the information; or - (i) another inspector where the inspector is obstructed or believes on reasonable grounds that the inspector will be obstructed in the exercise of powers or performance of duties; or - (ii) a person who the inspector thinks is competent to assist the inspector in the exercise of powers or performance of duties. - (a) in respect thereof an offence against this Act or any other Act or law has been, is being or is likely to be committed; or - (b) it or they are likely to be or provide evidence for production in possible subsequent proceedings against any person for an offence committed against this Act or any other Act or law; - (a) to enter the premises or part of premises specified in the warrant; and - (b) to exercise therein the powers conferred upon an inspector under this Act. - (a) verbally; or - (b) by written notice given to the person of whom the requirement is made.