334 Power of gambling inspector to enter and demand information

(1)

A gambling inspector may, for the purpose of carrying out his or her functions, enter, at all reasonable times, and remain at a place (not being a private residence)—

(a)

to which a venue licence applies, or at which a gambling inspector has reasonable grounds to believe that gambling has been, or is being, conducted; or

(b)

where the holder, or the former holder, of an operator’s licence or a licensed promoter’s licence has a registered office or keeps records that relate to the conduct of gambling by the holder, or former holder, of the licence.

(2)

A gambling inspector must not enter a place under subsection (1) at any time that the place is not open to the public unless—

(a)

the entry occurs with the knowledge of the owner or occupier of the place; or

(b)

the inspector is accompanied by the owner or occupier of the place, or a representative, agent, or employee of the owner or occupier.

(3)

During an inspection, a gambling inspector may—

(a)

require the production of, and examine, any books, accounts, records, tickets, or other documents (including electronic records or documents), or machine or equipment that relates to, or is used in, gambling or the conduct of gambling; and

(b)

inspect any gambling equipment found on the premises to ensure that it conforms with minimum standards as required by section 326; and

(c)

disable and seal any gambling equipment that the gambling inspector has reasonable grounds to believe does not conform with minimum standards, is faulty, or has been tampered with; and

(d)

demand from the occupier of the place any other information that the gambling inspector may reasonably require for the purpose of the inspection; and

(e)

take copies of the information referred to in paragraphs (a) and (d), or require that the information be forwarded to the inspector’s place of business.

(4)

A gambling inspector who exercises powers under this section must show his or her warrant of appointment to any person at the place who may be interested in, or affected by, the exercise of those powers.

(5)

A person (other than a licence holder) is not required to answer a question asked by an inspector under this section if the answer would or could tend to incriminate the person.

(6)

Before an inspector requires a person (other than a licence holder) to answer a question, the person must be informed of the right specified in subsection (5).

Compare: 1977 No 84 s 135; 1990 No 62 s 86

Section 334(1)(b): amended, on 3 March 2015, by section 114(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 334(3)(a): amended, on 3 March 2015, by section 114(2) of the Gambling Amendment Act 2015 (2015 No 3).