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Chapter 2
Applications to Court in respect of persons providing gambling activity in contravention of Chapter 1
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Application to Court to direct relevant person to cease prohibited gambling activity and related matters
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75. (1) Where the Authority has reasonable grounds for believing that a person (in this section referred to as a “relevant person”) is providing a gambling activity in contravention of Chapter 1 or is advertising such an activity (in this section referred to as a “prohibited gambling activity”), the Authority may apply to the Court for either or both of the following:
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(a) an order directing the relevant person to cease the prohibited gambling activity;
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(b) one or more of the orders specified in subsection (2).
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(2) The orders referred to in subsection (1)(b) are orders directing that:
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(a) an internet service provider or a provider of an online application store service, as the case may be, block access to the prohibited gambling activity concerned;
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(b) a bank shall not, without leave of the Court, receive any payment into a bank account of a relevant person held with the bank in relation to a prohibited gambling activity;
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(c) a bank shall not, without leave of the Court, make any payment out of a bank account of a relevant person held with the bank;
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(d) a relevant person shall not, without leave of the Court, dispose of, or direct or facilitate the disposal of, an asset of the relevant person;
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(e) a relevant person shall not, without leave of the Court, reduce the relevant person’s assets below a specified amount or value;
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(f) a relevant person shall not, without leave of the Court, remove the relevant person’s assets from the State;
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(g) in relation to a relevant payment made by a person to a relevant person in respect of a prohibited gambling activity, the relevant person refund the relevant payment to the first-mentioned person;
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(h) a relevant person surrender to the Authority any gambling product used by the relevant person in providing the prohibited gambling activity.
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(3) On the hearing of an application under subsection (1), the Court may, where it is satisfied that the relevant person concerned is engaged in a prohibited gambling activity, make an order directing the relevant person to cease the prohibited gambling activity concerned.
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(4) Where the prohibited gambling activity which is the subject of an order under subsection (3) is advertising a gambling activity, the Court may, at the same time as making an order under that subsection, direct the Authority to publish details of that order on its website.
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(5) On the hearing of an application under subsection (1) where an order referred to in subsection (2) has been applied for, the Court may make the order concerned:
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(a) in the case of an order referred to in subsection (2)(a), where it is satisfied that the prohibited gambling activity can be accessed online;
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(b) in the case of an order referred to in subsection (2)(b), where it is satisfied that the payments concerned are made to the relevant person in relation to a prohibited gambling activity;
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(c) in the case of an order referred to in subsection (2)(c), (d), (e) or (f), where it is satisfied that it is necessary for the purpose of the order referred to in subsection (2)(g);
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(d) in the case of an order referred to in subsection (2)(g), where it is satisfied that a person has made a relevant payment to a relevant person in relation to a prohibited gambling activity;
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(e) in the case of an order referred to in subsection (2)(h), where it is satisfied that the gambling product concerned was used by the relevant person in providing the prohibited gambling activity concerned.
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(6) In addition to the orders that may be made under subsection (5), the Court may, on hearing an application under subsection (1), make such other order as it considers appropriate in the circumstances.
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(7) The Court may, for the purpose of an application under subsection (1), make one or more of the following orders directing that:
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(a) a bank furnish any information in its possession relating to the financial affairs of a relevant person;
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(b) in the case of a relevant person who is an individual, the individual swear an affidavit disclosing information relating to assets held in his or her own name or held jointly with third parties;
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(c) in the case of a relevant person that is a body corporate, a relevant officer or a beneficial owner, or both, of the relevant person swear an affidavit disclosing information relating to assets held in the name of the body corporate concerned or jointly with third parties.
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(8) Where the Court is satisfied that there is reason to believe that a person holds or has held assets on behalf of a relevant person, the Court may order the first-mentioned person—
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(a) to disclose all information as to such assets in the person’s possession or power to procure, or
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(b) to disclose—
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(i) all information as to such assets which had been but are no longer in the person’s possession or power to procure, and
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(ii) the person’s belief as to the present whereabouts of those assets.
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(9) At any time while an order under paragraph (b), (c), (d) or (e) of subsection (5) or under subsection (6) is in force, the Court may, on application by a person affected by the order concerned, make such order as the Court considers appropriate, in relation to an asset affected by the order, if satisfied that it is necessary to do so for the purpose of enabling the person—
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(a) to discharge the reasonable living and other necessary expenses, including fees and costs payable in respect of legal advice or legal representation for the purposes of proceedings under this Act, of the person, or any dependent person, or
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(b) to carry on a business, trade, profession or other occupation to which the asset relates.
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(10) The Court may, on application to it by a person to whom an order under subsection (5) is directed, discharge such order where it is satisfied that the relevant person is no longer engaged in a prohibited gambling activity.
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(11) The Court may, on application to it by a person affected by an order, other than an order referred to in subsection (10), under this section, discharge such order where it is satisfied that the basis on which the order was made no longer applies and that it is in the interests of justice to do so.
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(12) The Court may not require the Authority to give an undertaking as to damages as a condition for the granting of an order under subsection (3), (5), (6), (7) or (8).
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(13) The hearing of an application under this section shall be conducted in public unless the Court directs that due to the existence of special circumstances the proceedings (or part thereof) should be conducted otherwise than in public.
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(14) The Authority may make an application under subsection (1) for a temporary order on an ex parte basis where it considers that there is an urgent need to act, including where the Authority considers that urgent action is required in order to protect the public from the serious consequences of a prohibited gambling activity being engaged in.
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(15) In this section—
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“bank” means—
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(a) a regulated financial service provider, or
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(b) a bank outside the State;
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“Court” means the High Court.
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