(1) Without limiting the generality of section 11(6), the Board may appoint inspectors and issue the inspectors with an identification card.
(2) Without limiting the generality of section 11(7), an inspector appointed under subsection (1) may—
(a) inspect licensed premises;
(b) monitor the operation and management of activities relating to racing, betting or gaming on licensed premises;
(c) examine machinery and equipment used and records kept on licensed premises;
(d) assist in any other manner, where necessary, in the detection of offences committed against this Act or any other Act;
(e) enter and remain on licensed premises for the purposes of exercising his or her functions as an inspector at any time during usual business hours;
(f) require a person in possession of, or having control of, machinery, equipment or records relating to an activity regulated under this Act to produce the machinery, equipment or records for inspection and to answer questions or provide information relating to the machinery, equipment or records;
(g) inspect machinery, equipment or records under paragraph (f) and take copies of, extracts from, or notes relating to, the records;
(h) if the inspector considers it necessary to do so for the purpose of obtaining evidence of the commission of an offence, seize machinery, equipment or records;
(i) require a person associated with the operations or management of the licensed premises—
(i) to appear before the inspector at a specified time or place and answer questions, or
(ii) to provide information within a reasonable period, with respect to an activity regulated under this Act; (Amended by Act 24 of 2019)
(Amended by Act 24 of 2019)
(j) examine and test machinery or equipment under paragraph (f) and require the person in charge of the machinery or equipment to withdraw it from use if it is unsatisfactory for use;
(k) require assistance from a police officer if the inspector is obstructed, or believes on reasonable grounds that he or she will be obstructed, in the performance of his or her functions;
(l) require a person on the licensed premises to state his or her full name and residential address;
(m) any other thing authorised by this Act or the Regulations to be done by an inspector.
(3) The power of entry may be exercised with the written consent of the occupier of the licensed premises at any time.
(4) An inspector who enters a licensed premises shall not remain in the licensed premises if, on the request of the occupier of the licensed premises, the inspector does not show his or her identification card to the occupier.
(5) If an inspector seizes anything 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 evidence but only if, in the case of a record, the person from whom the record was seized is provided, within a reasonable time after the seizure, with a copy of the record certified by an inspector as a true copy.
(6) Subsection (5) ceases to have effect in relation to things 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.
(7) A copy of a record provided under subsection (5) is, as evidence, of equal validity as a certified copy of the record.
(8) An inspector shall not require a person to state his or her name or address unless the inspector—
(a) suspects on reasonable grounds that the person has committed an offence; and
(b) has informed the person, at the time of stating the requirement, that it is an offence to fail to comply with the requirement.
(9) A person who fails to comply with a requirement under subsection (8)(b) commits an offence and is liable on summary conviction to a fine not exceeding $150,000.
(Inserted by Act 18 of 2018)