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GAMBLING AND LIQUOR LEGISLATION AMENDMENT (MODERNISATION) ACT 2014 (NO. 56 OF 2014) - SECT 41

Evidence as to offences

    (1)     In section 2.6.5(1) of the Gambling Regulation Act 2003

        (a)     for paragraph (a) substitute

    "(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)     for paragraph (d) substitute

    "(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;";

        (c)     for paragraph (e) substitute

    "(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;";

        (d)     in paragraph (f), for "opened, kept or used" substitute "provided";

        (e)     for paragraph (h) substitute

    "(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.".

    (2)     Section 2.6.5(2) and (3) of the Gambling Regulation Act 2003 are repealed .



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