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GAMBLING REGULATION ACT 2003 - SECT 2.6.5

Evidence as to offences

    (1)     For the purposes of this Chapter—

S. 2.6.5(1)(a) substituted by No. 56/2014 s. 41(1)(a).

        (a)     it is not necessary to prove that a place was provided for the purposes of unauthorised gambling more than once for a particular purpose;

        (b)     the burden of proving that a building or part of a building is not a private dwelling lies with the prosecution;

        (c)     the burden of proving that land or premises (whether enclosed or unenclosed) is not a place where a person may lawfully bet lies with the prosecution;

S. 2.6.5(1)(d) substituted by No. 56/2014 s. 41(1)(b).

        (d)     keeping a bank in any place apparently for the purpose of unauthorised gambling is proof (in the absence of evidence to the contrary) that the place is provided for the purposes of unauthorised gambling;

S. 2.6.5(1)(e) substituted by No. 56/2014 s. 41(1)(c).

        (e)     in the absence of evidence to the contrary—

              (i)     equipment for unauthorised gambling found in any place or about the person of anyone in the place; or

              (ii)     telephone calls or other communications received in any place

in circumstances which raise the reasonable inference that the place is provided for the purposes of unauthorised gambling is proof that the place is provided for the purposes of unauthorised gambling;

S. 2.6.5(1)(f) amended by No. 56/2014 s. 41(1)(d).

        (f)     a person found playing a game in any house or place alleged to be provided in contravention of any of the provisions of this Chapter, is proof (in the absence of evidence to the contrary) that the relevant person was playing for money, wager or a stake;

        (g)     money or other valuable thing paid, given or received in circumstances which appear to a court of competent jurisdiction to raise a reasonable suspicion that the money or thing was paid, given or received in contravention of this Chapter is proof (in the absence of evidence to the contrary) that the money or thing was paid, given or received in contravention of this Chapter;

S. 2.6.5(1)(h) substituted by No. 56/2014 s. 41(1)(e).

        (h)     equipment for unauthorised gambling or lists, books, cards, papers or documents of things relating to racing or gambling found—

              (i)     in a place; or

              (ii)     about the person of those found entering or leaving the place

in circumstances which appear to the court to raise a reasonable suspicion that the purposes and provisions of this Chapter have been contravened is proof (in the absence of evidence to the contrary) that the relevant place is provided for the purposes of unauthorised gambling.

S. 2.6.5(2) repealed by No. 56/2014 s. 41(2).

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S. 2.6.5(3) repealed by No. 56/2014 s. 41(2).

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S. 2.6.6 repealed by No. 56/2014 s. 42.

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