(1) The Minister may appoint a person to investigate and report on matters and circumstances specified by the Minister relating to:(a) the conduct of any totalizator, or(b) a licensee or agent or a person who, in the opinion of the Minister, is an associate of a licensee or agent, or(c) a specified person who, or a specified class of persons that includes persons who, in the opinion of the Minister, could be in a position to exercise direct or indirect control over a licensee or agent, in relation to the conduct of a totalizator.(2) A person appointed to carry out an investigation may, for the purpose of the investigation, exercise:(a) the functions conferred by section 60 (Minister may require information relating to licensees and contractors) on the Minister, and(b) any other functions of the Minister specified by the Minister in the instrument of appointment.(3) The exercise of functions under this section by a person other than the Minister has effect as if the functions had been exercised by the Minister.
(1) The Minister may appoint any person to be an inspector for the purposes of this Act.(2) A person is not eligible to be appointed as an inspector unless the person possesses the highest standard of integrity.(3) The question of whether a person possesses the highest standard of integrity is to be determined by the Minister.(4) For the purpose of making the determination, the Minister may cause to be carried out all investigations and inquiries that the Minister considers proper and, in particular, may obtain and consider a report from the Commissioner of Police in relation to any person being considered.(5) The Commissioner of Police is to furnish the report at the request of the Minister and may for the purpose of the report require a person to whom the report relates to consent to having his or her photograph, fingerprints or palm prints taken.(6) If a person refuses or fails to comply with a request by the Commissioner, the person is not eligible to be appointed to a position as an inspector while the refusal or failure continues.(7) An inspector is, in the exercise of the inspector’s functions as an inspector, subject to the direction and control of the Minister.
93 Identification of inspectors
(1) An inspector is not authorised to exercise the functions of an inspector unless he or she is in possession of an identity card issued by the Minister.(2) If an inspector proposing to exercise the functions of an inspector fails to produce on demand his or her identity card, the inspector is not authorised to exercise those functions in relation to the person making the demand.
94 Right of inspectors to enter premises
(1) An inspector may, for the purpose of exercising functions under this Act or the regulations, at any reasonable time:(a) enter any part of the premises of a licensee, and any part of premises or a place used or occupied by a licensee in connection with the conduct of a totalizator, or(b) enter any part of the premises of an agent, any part of premises or a place used or occupied by an agent in connection with the conduct of a totalizator, or(c) enter any part of premises or a place that the inspector reasonably suspects is being used in connection with the conduct of a totalizator (other than by a licensee or agent of a licensee), or(d) enter any part of premises or a place that the inspector reasonably suspects is being used (other than by a licensee or an agent of a licensee) for receiving bets on a totalizator, or(e) enter premises or place on a racecourse.(2) An inspector is not entitled to exercise the powers conferred by this section in relation to any part of any premises used for residential purposes, except:(a) with the consent of the occupier of the premises, or(b) under the authority conferred by a search warrant issued under section 95.(3) An inspector who enters premises or a place under this section is not authorised to remain there if, on the request of the licensee, agent or other occupier of the premises or place, the inspector does not show his or her identity card to the licensee, agent or other occupier.
(1) An inspector may apply to an authorised officer for the issue of a search warrant if the inspector believes on reasonable grounds that a provision of this Act or the regulations is being or has been contravened in any premises or place.(2) An authorised officer to whom any such application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an inspector named in the warrant:(a) to enter the premises or place, and(b) to exercise any function of an inspector under this Act.(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.(4) In this section:authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.
(1) An inspector may do any one or more of the following:(a) require any person whom the inspector reasonably suspects of being in possession or control of any documents that relate to, or that the inspector reasonably suspects relate to, the conduct of a totalizator to produce the documents for inspection and to answer questions or provide information relating to the documents,(b) make copies of, take extracts from and notes relating to, any documents,(c) require a licensee, agent or other person whom the inspector reasonably suspects of having possession or control of any device or equipment that is, or that appears to the inspector to be, used in relation to the conduct of a totalizator to produce the device or equipment for inspection and to answer questions or provide information relating to the device or equipment,(d) inspect and test any device or equipment in the possession or control of a licensee, agent or other person that is, or that appears to the inspector to be, used in relation to the conduct of a totalizator,(e) for the purpose of any such inspection or testing:(i) require the licensee, agent or other person to provide the inspector with any assistance that the inspector reasonably requires, or(ii) if practicable, remove the device or equipment to another place, for any time that is reasonably necessary for that purpose,(f) require a licensee, agent or other person to give the inspector on-site or remote-site access to any computer system that is, or appears to the inspector to be, used in relation to the conduct of a totalizator,(g) if the inspector considers it to be necessary to do so for the purpose of obtaining evidence of the commission of an offence—seize any document or any device or equipment inspected or tested under this subsection,(h) by notice in writing require any licensee, agent or other person concerned, in whatever capacity, in the conduct of a totalizator, to attend before the inspector at a specified time and place and answer questions, or provide information, with respect to the conduct of any totalizator,(i) call to his or her aid:(i) another inspector, or a police officer, if he or she is obstructed, or believes on reasonable grounds that he or she will be obstructed, in the exercise of his or her functions, or(ii) a person considered by the inspector to be competent for the purpose,(j) exercise any other functions prescribed by the regulations as functions of an inspector.(2) If an inspector seizes any document, device or equipment under this section, it may be retained by the inspector until the completion of any proceedings (including proceedings on appeal) in which it may be tendered in evidence but only if, in the case of documents, the person from whom the documents were seized is provided, within a reasonable time after the seizure, with a copy of the documents certified by an inspector as a true copy.(3) Subsection (2) ceases to have effect in relation to anything seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that subsection are instituted so orders.(4) A copy of documents provided under subsection (2) is, as evidence, of equal validity to the documents of which it is certified to be a true copy.(5) A person is not required by this section to answer a question that might incriminate the person.(6) A person has, while acting in aid of an inspector under this section, the functions of an inspector.
97 Cost of testing equipment and investigating computer systems to be paid by licensee
(1) The reasonable costs incurred in investigating and testing any device, equipment or computer system as referred to in section 96 are payable to the Minister by the licensee, unless the Minister determines otherwise in a particular case.(2) Investigation and testing costs may include travelling expenses within or outside the State.(3) It is a condition of any licence that any amount payable under this section by the licensee is paid.
98 Offences relating to inspectors
(1) A person who:(a) prevents an inspector from exercising any function conferred on the inspector by or under this Act, or(b) hinders or obstructs an inspector in the exercise of any such function, or(c) fails to comply with a requirement of an inspector by or under this Act, or(d) furnishes to an inspector (whether in answer to a question asked by an inspector or otherwise) information that the person knows is false or misleading in a material particular,is guilty of an offence.Maximum penalty: 50 penalty units.
(2) It is a defence to a prosecution for an offence under subsection (1) (c) for the failure of the defendant to answer a question asked by an inspector for the purposes of this Act if the defendant proves that the defendant did not know, and could not with reasonable diligence ascertain, the answer to the question.(3) If an answer to a question asked by an inspector for the purposes of this Act, or any information, is given to an inspector by an officer of a corporation (within the meaning of the Corporations Act 2001 of the Commonwealth) that is concerned in the conduct of a totalizator, the answer and information are, for the purposes of any proceedings against the corporation under this Act, binding on and admissible in evidence against the corporation unless it is proved that the answer or information was given on a matter in respect of which the officer had no authority to bind the corporation.
99 Keeping and retention of records by licensee
(1) It is a condition of a licence that the licensee must ensure that all documents relating to the conduct of the totalizator under the licence are:(a) kept at the principal place of business in New South Wales of the licensee or at such other place as the Minister approves in writing, and(b) retained for not less than 7 years after the completion of the transactions to which they relate.(2) It is a condition of a licence that the licensee must ensure that all documents relating to the operations of the licensee under the licence are:(a) kept at the principal place of business in New South Wales of the licensee or at such other place as the Minister approves in writing, and(b) retained for not less than 7 years after the completion of the transactions to which they relate.(3) The Minister may by instrument in writing grant an exemption to the licensee from all or specified requirements of this section in respect of all or specified, or specified classes of, documents and may grant such an exemption subject to conditions.
Division 3 Proceedings for offences
Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.
101 Time within which proceedings may be commenced
(1) Proceedings for an offence under this Act or the regulations may be commenced not later than 2 years after the date alleged to be the date on which the offence was committed.(2) This section has effect despite the Criminal Procedure Act 1986 or any other Act.
102 Persons who may bring proceedings
Proceedings for an offence under this Act or the regulations may be brought by:(a) an inspector, or(b) a police officer, or(c) any other person, or person of a class, prescribed by the regulations.
(1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.(1A) Subsection (1) does not apply in respect of a contravention of section 26 (1).(2) A person may be proceeded against and convicted under a provision pursuant to this section whether or not the corporation has been proceeded against or been convicted under that provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.
(1) A court that finds a person guilty of an offence against this Act or the regulations, being an offence that is prescribed by the regulations for the purposes of this section, may, in addition or as an alternative to any penalty it may impose for the offence, make either or both of the following orders:(a) an order requiring the person to publish an advertisement correcting any information contained in any betting information or advertisement published by the person that the court is satisfied on the evidence before it is false, misleading or deceptive and giving directions (if any) that the court considers appropriate as to the time, form, extent and manner of publication,(b) an order requiring any one or more of the following:(i) the person,(ii) if the person is a corporation, a director of the corporation or a person concerned in the management of the corporation,(iii) an employee of the person,to undertake any specified course of training that the court considers will promote responsible practices in the conduct of betting activities by the person.(2) A person who, without lawful excuse, fails to comply with an order under this section is guilty of an offence.Maximum penalty: 20 penalty units.