South Australian Numbered Acts

GAMBLING ADMINISTRATION ACT 2019 (NO 42 OF 2019) - SECT 26

26—Power to enter and inspect etc

        (1)         Subject to this section, an inspector may—

            (a)         enter or, where necessary, break into any place, using only such force as is reasonably necessary for the purpose; and

            (b)         inspect or search the place or anything in the place; and

            (c)         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; and

                  (iii)         facilitate the examination by an inspector of any systems, procedures or equipment used for conducting operations authorised under a gambling Act; and

                  (iv)         facilitate the examination by an inspector of—

                        (A)         systems, procedures or equipment used for surveillance or security; or

                        (B)         accounts, records or other documents relating to operations authorised under a gambling Act; and

            (d)         enter or, where necessary, break into any vehicle or vessel, using only such force as is reasonably necessary for the purpose and search the vehicle or vessel; and

            (e)         inspect any documents produced to the inspector and retain them for so long as is reasonably necessary for the purpose of copying or taking extracts from them; and

            (f)         require a person who the inspector reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of a gambling Act to answer questions in relation to those matters; and

            (g)         if the inspector suspects on reasonable grounds that an offence has been committed, seize and retain anything that the inspector believes—

                  (i)         affords evidence of the offence; or

                  (ii)         has been used in connection with the commission of the offence; and

            (h)         give such directions as are reasonably necessary for, or as are incidental to, the effective exercise of the inspector's powers under this Part; and

                  (i)         exercise additional functions and powers of an inspector as authorised under a gambling Act.

        (2)         An inspector may only exercise powers under subsection (1) in relation to a place—

            (a)         at any time when operations of a kind authorised under a gambling Act are being conducted in the place; or

            (b)         at any time when there are reasonable grounds to suspect that an offence has been, is being or is about to be committed in the place or that evidence of such an offence is likely to be found in the place; or

            (c)         at any reasonable time when the exercise of the powers is required for the purposes of the administration or enforcement of a gambling Act.

        (3)         An inspector may only exercise powers—

            (a)         under subsection (1)(a) in relation to a place in which there are not any operations of a kind authorised under a gambling Act being conducted; or

            (b)         under subsection (1)(d) in relation to a vehicle or vessel,

on the authority of a warrant issued by a magistrate.

        (4)         A magistrate cannot issue a warrant under subsection (3) unless satisfied, on information given on oath—

            (a)         that there are reasonable grounds for suspecting that an offence has been, is being or is about to be committed; and

            (b)         that the warrant is reasonably required in the circumstances.

        (5)         An inspector may, in exercising powers under this Part, be accompanied by such assistants as are reasonably necessary for the purpose.