sec.329General powers of inspectors

### sec.329 General powers of inspectors An inspector, who believes, on reasonable grounds, that it is necessary in the performance of the inspector’s functions under this Act may, subject to subsections (2) and (4) enter, be and remain on licensed premises or any other place in or at which the inspector believes on reasonable grounds any— article is manufactured, assembled, sold, supplied, stored, transported, handled, installed, altered, obtained, possessed, operated, used, adjusted, maintained, repaired, tested or kept; or records are made, maintained, prepared, handled, stored or kept; and may— make such investigations and inquiries as are necessary to ascertain whether this Act is being complied with; and make an inspection of the licensed premises or other place and of— any articles, records, fittings and fixtures; or any other thing of any kind apparently used, or capable of being used, in connection with— gaming or the conduct of gaming; or the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; and open, or order to be opened— any container or other receptacle of any kind; or a door of any container or other receptacle of any kind; used for the storage or conveyance of any article or records or that the inspector believes on reasonable grounds contains any article or records; and search for and seize any article, records or other thing 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; and open or order to be opened any gaming equipment; and inspect and test any gaming equipment or part of the gaming equipment and order the withdrawal from use of any gaming equipment or part considered by the inspector to be unsatisfactory for use; and take such photographs, or films or audio or visual recordings that he or she considers may 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, or to be likely to be, committed; and require a person to produce to the inspector any licence, registration, permit, approval, certificate or authorisation under this Act granted or issued to that person or alleged by that person to have been granted or issued to that person; and when so required by the commissioner— provide gaming machines and linked jackpot equipment to a licensee; or alter a gaming machine to effect a change in the game, gaming token denomination or betting unit; or take possession of and remove any gaming equipment or ancillary or related property of the State, and do anything that is necessary and reasonable to effect the taking possession, or removal, of the equipment or property; and in all other respects, exercise the inspector’s powers and perform the inspector’s functions under this Act. Where an act referred to in subsection (1) (a) or (b) is carried out during the night-time, an entry and inspection under subsection (1) may be made at all reasonable times during the daytime or night-time but otherwise such entry and inspection must be made at all reasonable times during the daytime. An inspector, who believes, on reasonable grounds, that it is necessary in the performance of the inspector’s functions under this Act, may— require any person who has in the person’s possession or under the person’s control any article or records to— produce for the inspector’s inspection any such article or records; and attend before the inspector at a time and place named and then and there to answer any questions or supply any information with respect to any article or records or any entry in any article or records; and inspect any article or records referred to in paragraph (a) and take such notes or copies of or in relation to such records or take extracts from such records as the inspector considers are necessary; and 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, seize any article or records inspected by the inspector under paragraph (b) ; and require any person responsible for or connected with— the conduct of gaming; or the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; or the administration of licensed premises; to attend before the inspector at a time and place named and then and there to answer any questions or supply any information with respect to the matters referred to in this paragraph; and require a person to state the person’s full name, the address of the person’s usual place of residence and the person’s date of birth or any of those particulars; and require a person referred to in paragraph (e) to produce evidence of the correctness of any particular stated in answer to a requirement made under that paragraph if the inspector suspects that the particular is false; and receive and investigate complaints from any person with respect to— gaming; or the conduct of gaming; or the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; or the administration of licensed premises; and advise the person of the results of the investigations; and stop and search any vehicle or vessel used or that the inspector believes on reasonable grounds has been, is being, or is likely to be, used for the conveyance of any article, records or other thing that the inspector considers will afford evidence as to the commission of an offence against this Act; and ask a person the inspector thinks can help the inspector in the exercise of the inspector’s powers or the performance of the inspector’s functions under this Act; and use such force as is reasonably necessary in the circumstances in the exercise of the inspector’s powers or in the performance of the inspector’s functions under this Act; and in order to identify or protect the integrity of any article, records or other thing, mark, fasten, secure or seal— the article, records or other thing; or any door, gate or opening that the inspector believes on reasonable grounds affords access to the article, records or other thing; and exercise such other powers and authorities and perform such other functions as are prescribed. Before an inspector enters any premises that are used or any part of premises that is used exclusively as a dwelling house, the inspector must, except where the inspector has the permission of the occupier of the premises or part of the premises to the entry, obtain from a justice a warrant to enter the premises or part. For the purposes of subsections (6) to (8) , 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 article, records or other thing 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 of the article, records or thing an offence against this Act or any other Act or law has been, is being or is likely to be, committed; or it is 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 the inspector’s powers and performing the inspector’s functions under this Act. For 1 month from the date of its issue, a warrant is 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 the inspector’s powers and perform the inspector’s functions 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 reasonable in the circumstances. A person who is acting in aid of an inspector has and may exercise all or any of the powers of an inspector and perform the functions of an inspector. A requirement by an inspector under this section may be made verbally or given in writing directed to the person to or on whom it is made. A requirement made to a person by an inspector under this section to produce records is, where the records are not written, or are not written in the English language, a requirement to produce (at that person’s expense)— such records; and a statement, written in the English language, setting forth such information in the records as is not written or is not written in the English language. A person is not required, in respect of any matter within the application of this Act, to answer any question or give any information tending to incriminate the person. Nothing in this section authorises an inspector to seize and confiscate a digital device if— the inspector reasonably believes a person has committed an offence mentioned in section 255 or 256 ; and in committing the offence the person used the device to display the following things, or an image or other design purporting to be the thing— a digital authority; a digital evidence of age; a digital evidence of identity. s 329 amd 1992 No. 35 sch; 1993 No. 63 s 2 sch ; 1997 No. 24 s 61 sch ; 1999 No. 77 s 136 ; 2000 No. 5 s 373 sch 2 ; 2000 No. 51 s 20 sch ; 2008 No. 2 s 59 ; 2012 No. 25 s 109 (1) ; 2020 No. 21 s 7 (sec.329-ssec.1) An inspector, who believes, on reasonable grounds, that it is necessary in the performance of the inspector’s functions under this Act may, subject to subsections (2) and (4) enter, be and remain on licensed premises or any other place in or at which the inspector believes on reasonable grounds any— article is manufactured, assembled, sold, supplied, stored, transported, handled, installed, altered, obtained, possessed, operated, used, adjusted, maintained, repaired, tested or kept; or records are made, maintained, prepared, handled, stored or kept; and may— make such investigations and inquiries as are necessary to ascertain whether this Act is being complied with; and make an inspection of the licensed premises or other place and of— any articles, records, fittings and fixtures; or any other thing of any kind apparently used, or capable of being used, in connection with— gaming or the conduct of gaming; or the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; and open, or order to be opened— any container or other receptacle of any kind; or a door of any container or other receptacle of any kind; used for the storage or conveyance of any article or records or that the inspector believes on reasonable grounds contains any article or records; and search for and seize any article, records or other thing 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; and open or order to be opened any gaming equipment; and inspect and test any gaming equipment or part of the gaming equipment and order the withdrawal from use of any gaming equipment or part considered by the inspector to be unsatisfactory for use; and take such photographs, or films or audio or visual recordings that he or she considers may 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, or to be likely to be, committed; and require a person to produce to the inspector any licence, registration, permit, approval, certificate or authorisation under this Act granted or issued to that person or alleged by that person to have been granted or issued to that person; and when so required by the commissioner— provide gaming machines and linked jackpot equipment to a licensee; or alter a gaming machine to effect a change in the game, gaming token denomination or betting unit; or take possession of and remove any gaming equipment or ancillary or related property of the State, and do anything that is necessary and reasonable to effect the taking possession, or removal, of the equipment or property; and in all other respects, exercise the inspector’s powers and perform the inspector’s functions under this Act. (sec.329-ssec.2) Where an act referred to in subsection (1) (a) or (b) is carried out during the night-time, an entry and inspection under subsection (1) may be made at all reasonable times during the daytime or night-time but otherwise such entry and inspection must be made at all reasonable times during the daytime. (sec.329-ssec.3) An inspector, who believes, on reasonable grounds, that it is necessary in the performance of the inspector’s functions under this Act, may— require any person who has in the person’s possession or under the person’s control any article or records to— produce for the inspector’s inspection any such article or records; and attend before the inspector at a time and place named and then and there to answer any questions or supply any information with respect to any article or records or any entry in any article or records; and inspect any article or records referred to in paragraph (a) and take such notes or copies of or in relation to such records or take extracts from such records as the inspector considers are necessary; and 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, seize any article or records inspected by the inspector under paragraph (b) ; and require any person responsible for or connected with— the conduct of gaming; or the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; or the administration of licensed premises; to attend before the inspector at a time and place named and then and there to answer any questions or supply any information with respect to the matters referred to in this paragraph; and require a person to state the person’s full name, the address of the person’s usual place of residence and the person’s date of birth or any of those particulars; and require a person referred to in paragraph (e) to produce evidence of the correctness of any particular stated in answer to a requirement made under that paragraph if the inspector suspects that the particular is false; and receive and investigate complaints from any person with respect to— gaming; or the conduct of gaming; or the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; or the administration of licensed premises; and advise the person of the results of the investigations; and stop and search any vehicle or vessel used or that the inspector believes on reasonable grounds has been, is being, or is likely to be, used for the conveyance of any article, records or other thing that the inspector considers will afford evidence as to the commission of an offence against this Act; and ask a person the inspector thinks can help the inspector in the exercise of the inspector’s powers or the performance of the inspector’s functions under this Act; and use such force as is reasonably necessary in the circumstances in the exercise of the inspector’s powers or in the performance of the inspector’s functions under this Act; and in order to identify or protect the integrity of any article, records or other thing, mark, fasten, secure or seal— the article, records or other thing; or any door, gate or opening that the inspector believes on reasonable grounds affords access to the article, records or other thing; and exercise such other powers and authorities and perform such other functions as are prescribed. (sec.329-ssec.4) Before an inspector enters any premises that are used or any part of premises that is used exclusively as a dwelling house, the inspector must, except where the inspector has the permission of the occupier of the premises or part of the premises to the entry, obtain from a justice a warrant to enter the premises or part. (sec.329-ssec.5) For the purposes of subsections (6) to (8) , premises used as a dwelling house do not include the curtilage of those premises. (sec.329-ssec.6) A justice who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect that any article, records or other thing 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 of the article, records or thing an offence against this Act or any other Act or law has been, is being or is likely to be, committed; or it is 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 the inspector’s powers and performing the inspector’s functions under this Act. (sec.329-ssec.7) For 1 month from the date of its issue, a warrant is 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 the inspector’s powers and perform the inspector’s functions under this Act. (sec.329-ssec.8) 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 reasonable in the circumstances. (sec.329-ssec.9) A person who is acting in aid of an inspector has and may exercise all or any of the powers of an inspector and perform the functions of an inspector. (sec.329-ssec.10) A requirement by an inspector under this section may be made verbally or given in writing directed to the person to or on whom it is made. (sec.329-ssec.11) A requirement made to a person by an inspector under this section to produce records is, where the records are not written, or are not written in the English language, a requirement to produce (at that person’s expense)— such records; and a statement, written in the English language, setting forth such information in the records as is not written or is not written in the English language. (sec.329-ssec.12) A person is not required, in respect of any matter within the application of this Act, to answer any question or give any information tending to incriminate the person. (sec.329-ssec.13) Nothing in this section authorises an inspector to seize and confiscate a digital device if— the inspector reasonably believes a person has committed an offence mentioned in section 255 or 256 ; and in committing the offence the person used the device to display the following things, or an image or other design purporting to be the thing— a digital authority; a digital evidence of age; a digital evidence of identity. - (a) article is manufactured, assembled, sold, supplied, stored, transported, handled, installed, altered, obtained, possessed, operated, used, adjusted, maintained, repaired, tested or kept; or - (b) records are made, maintained, prepared, handled, stored or kept; - (c) make such investigations and inquiries as are necessary to ascertain whether this Act is being complied with; and - (d) make an inspection of the licensed premises or other place and of— (i) any articles, records, fittings and fixtures; or (ii) any other thing of any kind apparently used, or capable of being used, in connection with— (A) gaming or the conduct of gaming; or (B) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; and - (i) any articles, records, fittings and fixtures; or - (ii) any other thing of any kind apparently used, or capable of being used, in connection with— (A) gaming or the conduct of gaming; or (B) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; and - (A) gaming or the conduct of gaming; or - (B) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; and - (e) open, or order to be opened— (i) any container or other receptacle of any kind; or (ii) a door of any container or other receptacle of any kind; - (i) any container or other receptacle of any kind; or - (ii) a door of any container or other receptacle of any kind; - used for the storage or conveyance of any article or records or that the inspector believes on reasonable grounds contains any article or records; and - (f) search for and seize any article, records or other thing 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; and - (g) open or order to be opened any gaming equipment; and - (h) inspect and test any gaming equipment or part of the gaming equipment and order the withdrawal from use of any gaming equipment or part considered by the inspector to be unsatisfactory for use; and - (i) take such photographs, or films or audio or visual recordings that he or she considers may 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, or to be likely to be, committed; and - (j) require a person to produce to the inspector any licence, registration, permit, approval, certificate or authorisation under this Act granted or issued to that person or alleged by that person to have been granted or issued to that person; and - (k) when so required by the commissioner— (i) provide gaming machines and linked jackpot equipment to a licensee; or (ii) alter a gaming machine to effect a change in the game, gaming token denomination or betting unit; or (iii) take possession of and remove any gaming equipment or ancillary or related property of the State, and do anything that is necessary and reasonable to effect the taking possession, or removal, of the equipment or property; and - (i) provide gaming machines and linked jackpot equipment to a licensee; or - (ii) alter a gaming machine to effect a change in the game, gaming token denomination or betting unit; or - (iii) take possession of and remove any gaming equipment or ancillary or related property of the State, and do anything that is necessary and reasonable to effect the taking possession, or removal, of the equipment or property; and - (l) in all other respects, exercise the inspector’s powers and perform the inspector’s functions under this Act. - (i) any articles, records, fittings and fixtures; or - (ii) any other thing of any kind apparently used, or capable of being used, in connection with— (A) gaming or the conduct of gaming; or (B) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; and - (A) gaming or the conduct of gaming; or - (B) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; and - (A) gaming or the conduct of gaming; or - (B) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; and - (i) any container or other receptacle of any kind; or - (ii) a door of any container or other receptacle of any kind; - (i) provide gaming machines and linked jackpot equipment to a licensee; or - (ii) alter a gaming machine to effect a change in the game, gaming token denomination or betting unit; or - (iii) take possession of and remove any gaming equipment or ancillary or related property of the State, and do anything that is necessary and reasonable to effect the taking possession, or removal, of the equipment or property; and - (a) require any person who has in the person’s possession or under the person’s control any article or records to— (i) produce for the inspector’s inspection any such article or records; and (ii) attend before the inspector at a time and place named and then and there to answer any questions or supply any information with respect to any article or records or any entry in any article or records; and - (i) produce for the inspector’s inspection any such article or records; and - (ii) attend before the inspector at a time and place named and then and there to answer any questions or supply any information with respect to any article or records or any entry in any article or records; and - (b) inspect any article or records referred to in paragraph (a) and take such notes or copies of or in relation to such records or take extracts from such records as the inspector considers are necessary; and - (c) 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, seize any article or records inspected by the inspector under paragraph (b) ; and - (d) require any person responsible for or connected with— (i) the conduct of gaming; or (ii) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; or (iii) the administration of licensed premises; - (i) the conduct of gaming; or - (ii) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; or - (iii) the administration of licensed premises; - to attend before the inspector at a time and place named and then and there to answer any questions or supply any information with respect to the matters referred to in this paragraph; and - (e) require a person to state the person’s full name, the address of the person’s usual place of residence and the person’s date of birth or any of those particulars; and - (f) require a person referred to in paragraph (e) to produce evidence of the correctness of any particular stated in answer to a requirement made under that paragraph if the inspector suspects that the particular is false; and - (g) receive and investigate complaints from any person with respect to— (i) gaming; or (ii) the conduct of gaming; or (iii) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; or (iv) the administration of licensed premises; - (i) gaming; or - (ii) the conduct of gaming; or - (iii) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; or - (iv) the administration of licensed premises; - and advise the person of the results of the investigations; and - (h) stop and search any vehicle or vessel used or that the inspector believes on reasonable grounds has been, is being, or is likely to be, used for the conveyance of any article, records or other thing that the inspector considers will afford evidence as to the commission of an offence against this Act; and - (i) ask a person the inspector thinks can help the inspector in the exercise of the inspector’s powers or the performance of the inspector’s functions under this Act; and - (j) use such force as is reasonably necessary in the circumstances in the exercise of the inspector’s powers or in the performance of the inspector’s functions under this Act; and - (k) in order to identify or protect the integrity of any article, records or other thing, mark, fasten, secure or seal— (i) the article, records or other thing; or (ii) any door, gate or opening that the inspector believes on reasonable grounds affords access to the article, records or other thing; and - (i) the article, records or other thing; or - (ii) any door, gate or opening that the inspector believes on reasonable grounds affords access to the article, records or other thing; and - (l) exercise such other powers and authorities and perform such other functions as are prescribed. - (i) produce for the inspector’s inspection any such article or records; and - (ii) attend before the inspector at a time and place named and then and there to answer any questions or supply any information with respect to any article or records or any entry in any article or records; and - (i) the conduct of gaming; or - (ii) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; or - (iii) the administration of licensed premises; - (i) gaming; or - (ii) the conduct of gaming; or - (iii) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; or - (iv) the administration of licensed premises; - (i) the article, records or other thing; or - (ii) any door, gate or opening that the inspector believes on reasonable grounds affords access to the article, records or other thing; and - (a) in respect of the article, records or thing an offence against this Act or any other Act or law has been, is being or is likely to be, committed; or - (b) it is 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 the inspector’s powers and perform the inspector’s functions under this Act. - (a) such records; and - (b) a statement, written in the English language, setting forth such information in the records as is not written or is not written in the English language. - (a) the inspector reasonably believes a person has committed an offence mentioned in section 255 or 256 ; and - (b) in committing the offence the person used the device to display the following things, or an image or other design purporting to be the thing— (i) a digital authority; (ii) a digital evidence of age; (iii) a digital evidence of identity. - (i) a digital authority; - (ii) a digital evidence of age; - (iii) a digital evidence of identity. - (i) a digital authority; - (ii) a digital evidence of age; - (iii) a digital evidence of identity.