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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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