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BETTING AND RACING ACT 1998 - SECT 33O
Application of GALA Act
33O Application of GALA Act
(1) Sections 14 and 15 of the GALA Act apply to the appointment of an
inspector under section 33M in the same way that they apply to the appointment
of an inspector under the GALA Act.
(2) The provisions of Divisions 2, 3, 4
and 6 of Part 4 of the GALA Act and sections 17 (Secrecy) and 37 (Protection
from personal liability) apply to and in respect of this Act and the
regulations and instruments made under it as if those provisions were part of
this Act, but modified so that-- (a) references in those provisions to the
gaming and liquor legislation were references to this Act and the regulations
and instruments made under it, and
(b) references in those provisions to "this Act" and "this Part" were
references to this Act and this Part, respectively, and
(c) references in
those provisions to an inspector were references to inspectors appointed under
section 33M, and
(d) references in sections 28(2) and 30(2) of the GALA Act to "the Authority"
were references to the Secretary, and
(e) the reference in section 24(1) of
the GALA Act to section 18 were a reference to section 33L, and
(f) section
35(2) of the GALA Act does not apply to the extent that it prevents a person
from being excused from answering a question on the ground that the answer may
tend to incriminate the person, and
(g) section 35(5)(b) of the GALA Act does
not apply to the extent that it makes information obtained as a result of an
answer given that might incriminate a person admissible.
(3) For the
avoidance of doubt, a prosecution of a person for an offence against a
provision of the GALA Act (as applying under this section) is to be taken as
if the offence were an offence under this Act.
(4) The functions that an
inspector has under Part 4 of the GALA Act are, for the purposes of any
provision of this Act and the regulations and instruments made under it, taken
to be functions under this Act and the regulations and instruments made under
it.
(5) If an inspector has functions in respect of a matter under both the
GALA Act (as applying under this section) and under any other provision of
this Act or the regulations made under it, the fact that there is a
restriction on the exercise of a function under this Act or the regulations
does not of itself operate to restrict the exercise by an inspector of any
similar or the same function under the GALA Act.
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