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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 26
As laid on the table and read a first time, 13 October 2003
South Australia
Lottery
and Gaming (Lottery Inspectors) Amendment Bill 2003
A Bill For
An Act to amend the Lottery and Gaming Act 1936.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Lottery and Gaming Act 1936
4 Amendment of section 4—Interpretation
5 Amendment of section 15—Interpretation
6 Insertion of Part 4
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Lottery and Gaming (Lottery
Inspectors) Amendment Act 2003.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Lottery and Gaming Act 1936
4—Amendment of section 4—Interpretation
(1) Section 4—after the definition of exempted
lottery insert:
instant lottery ticket means a lottery ticket—
(a) that is sealed or in some other way
conceals the number, letter or symbol giving rise to the winning chance; and
(b) that is realisable immediately after its
purchase by the participant in the lottery,
but does not include a lottery ticket printed by or on behalf
of the Lotteries Commission of South Australia;
(2) Section 4—after the definition of lottery
insert:
lottery inspector, or inspector, means a
person authorised in writing by the Minister to exercise the powers of a
lottery inspector under Part 4;
5—Amendment of section 15—Interpretation
Section 15, definition of instant lottery ticket—delete
the definition
After section 20 insert:
Part 4—Lottery
inspectors
21—Appointment
of lottery inspectors
(1) The
Minister may appoint such Public Service employees as lottery inspectors as may
be necessary for the purposes of this Act.
(2) The
Minister must provide each inspector with a certificate of identity and an
inspector must, at the request of a person in relation to whom the inspector
has exercised or intends to exercise powers under this Part, produce that
certificate.
22—Powers of
lottery inspectors
(1) For the purposes of ascertaining whether
the provisions of this Act are being complied with and subject to this section,
a lottery inspector may enter any place in which the inspector suspects on
reasonable grounds—
(a) there may be evidence or records connected with the conduct
of a lottery; or
(b) instant lottery tickets may be manufactured, packaged or
stored.
(2) An
inspector must not enter a place used as a residence unless authorised by
warrant under subsection (3).
(3) A
magistrate may, if satisfied on the application of an inspector that there is a
proper ground for doing so, issue a warrant authorising an inspector to enter a
place used as a residence.
(4) While an inspector is in or on any place
pursuant to this section, the inspector may do one or more of the following:
(a) inspect or search the place or anything in the place;
(b) require any person in the place to—
(i) produce any
equipment or other items, or any books, papers or documents, that are in the
person's custody or control; and
(ii) answer any questions put by the inspector;
(c) inspect
any books, papers or documents produced to the inspector and retain them for so
long as is reasonably necessary for the purpose of copying or taking extracts
from any of them;
(d) take photographs;
(e) if the inspector suspects on reasonable grounds that an
offence has been committed, seize and retain anything that the inspector
believes affords evidence of the offence;
(f) give such directions as are reasonably necessary for, or as
are incidental to, the effective exercise of the inspector's powers under this
section.
(5) An
inspector may, in exercising powers under this section, be accompanied by such
assistants as are reasonably necessary for the purpose.
(6) A person who—
(a) without reasonable excuse, hinders or obstructs an inspector
in the exercise of powers under this section; or
(b) fails to answer a question put by an inspector to the best
of his or her knowledge, information or belief; or
(c) fails to comply with any other lawful requirement or
direction of an inspector; or
(d) uses abusive, threatening or insulting language to an
inspector or a person assisting an inspector; or
(e) falsely represents, by word or conduct, that he or she is an
inspector,
is guilty of an offence
Maximum penalty: $5 000.
(7) A natural person is not required to answer a question if the answer might tend to incriminate the person, or make the person liable to a penalty.