Section 111: Powers of entry, inspection and seizure

111. Powers of entry, inspection and seizure (1) Subject to subsection (3), an inspector may, at all reasonable times, on showing proof of his identity, enter any premises of a licensee or lottery retailer for the purpose of ensuring that this Act is being complied with and may— (a) require the person carrying on the business to produce for examination or inspection any thing, equipment, books, records, bank statements or other documents relating to the business; (b) make copies of, or extracts from, remove and retain, any such books, records, bank statements or other documents, for further examination or inspection; (c) operate and test any equipment found on the premises, which is used or intended to be used for the purposes of any activities under this Act; (d) seal, or otherwise secure from such premises, any thing or equipment on or in which any document or data which has a bearing on the conduct of any activities licensed under this Act is stored or captured; (e) search the premises and seize, for the purposes of further examination or investigation, any thing or equipment on such premises which has a bearing on the conduct of any activities licensed under this Act; (f) require a licensee or any person employed by the licensee, or a lottery retailer, to give all reasonable assistance and to answer all reasonable questions either orally or in writing; and (g) take such steps as may be reasonably necessary to protect the integrity and conduct of any activities licensed under this Act. (2) Where an inspector finds it necessary to exercise the powers conferred upon him under subsection (1) in a dwelling house or other private premises, he shall only do so on the authority of a warrant issued by a Magistrate. (3) A Magistrate may, on being satisfied on information upon oath, that the inspector has to exercise the powers and duties conferred upon him under this Act in respect of a dwelling house, issue a warrant authorising the inspector to exercise those powers and duties. G2 – 53 [Issue 4] Gambling Regulatory Authority Act (4) A warrant issued under subsection (3) shall be valid for the period stated in the warrant. (5) Where any document, record, data or any other item has been seized during the course of an inspection, the inspector shall issue a complete list of such items and data including the date and the time of such seizure to the licensee or person employed by the licensee, or the lottery retailer, or the occupier of the premises. (6) Every inspector who conducts any search, inspection, or does any other thing in the course of an inspection, shall endeavour to ensure that the ordinary course of legitimate business for which any equipment may be used, is not hampered by such search or inspection and shall not seize any equipment where such seizure will prejudice the conduct of the ordinary course of business for which the equipment is used, unless— (a) it is not possible to conduct the inspection on the premises where such equipment is located without such seizure; or (b) the seizure of such equipment is necessary to prevent the commission of an offence or the continuance of an offence, or to obtain information which shall otherwise be lost, destroyed, modified or rendered inaccessible. (7) Where the information requested by the inspector under subsection (1) is stored in a computer, disc, cassette, or on microfilm, or preserved by any mechanical or electronic device, the person to whom the request is made shall be deemed to b located without such seizure; or (b) the seizure of such equipment is necessary to prevent the commission of an offence or the continuance of an offence, or to obtain information which shall otherwise be lost, destroyed, modified or rendered inaccessible. (7) Where the information requested by the inspector under subsection (1) is stored in a computer, disc, cassette, or on microfilm, or preserved by any mechanical or electronic device, the person to whom the request is made shall be deemed to be required to produce or give access to the information in a form in which it can be taken away and in which it is visible and legible. (8) The Chief Executive or the Director-General shall have and may exercise all the powers of an inspector under this Act. (S. 111 came into operation on 6 December 2007.)