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Gaming Control Act 1993
68Special powers relating to searches, &c.
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68 Special powers relating to searches, &c.
(1) Notwithstanding section 117 of the Police Administration Act 1978,
it shall not be necessary in an information laid or application made
for the purpose of obtaining a search warrant for the search of a
place on or in which a member of the Police Force has reasonable
grounds for suspecting that an offence against this Part is, has
been or is about to be carried on, or in a search warrant issued as a
result of that information laid or application made, for the particular
items associated with the offence for which it is intended to search,
or a description of such items, to be specified, and a search for any
such items may be conducted by authority of the warrant.
(2) A member of the Police Force or gaming inspector who lawfully
enters a place on or in which the member or gaming inspector has
reasonable grounds for suspecting that an offence against this Part
is, has been or is about to be carried on may, with such assistance
as the member or gaming inspector thinks necessary, if necessary
Gaming Control Act 1993 46
by force:
(a) open a cupboard, drawer, chest, trunk, box, package or other
receptacle, whether a fixture or not, found on or in the place;
(b) without warrant, search a person found on or in the place or
the clothing being worn by or property in the control of the
person; and
(c) seize anything found on or in the place or in the course of the
search that the member or gaming inspector reasonably
believes is evidence of or associated with the offence
committed on or in that place.
(3) The power conferred on a member of the Police Force by this
section is in addition to and not in derogation of any other power
conferred by a law in force in the Territory.
(4) Where the ownership of a gaming machine or part of a gaming
machine cannot, at the time of its seizure under this section, be
ascertained, the property seized shall be forfeit to the Crown and
may be sold, destroyed or disposed of, as the Director thinks fit,
after 90 days from the date of seizure if, within that time, it has not
been possible after reasonable inquiry, to establish ownership of
the property.
(5) A person found guilty of an offence relating to a gaming machine is
liable to pay to the Crown the reasonable costs of handling,
securing, maintaining or storing property seized under this section
in relation to the offence, which costs may be assessed by the court
and collected in like manner to a monetary penalty.