Gambling Regulation Act 2024
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Powers of authorised officers | ||
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185. (1) For the purposes of this Act, an authorised officer may do any of the following: | ||
(a) subject to subsection (4), enter, if necessary by the use of reasonable force, at any reasonable time, any place where the authorised officer has reasonable grounds for believing that— | ||
(i) a gambling activity has taken place, is taking place or is intended to take place, | ||
(ii) relevant material is being kept, or | ||
(iii) gambling products are being kept; | ||
(b) search the place and inspect any relevant material, relevant equipment or gambling products found there; | ||
(c) require any person at the place to produce to him or her any relevant material which is in that person’s possession or power to procure and to produce the relevant material, where necessary, in a form in which it can be taken away from the place and in which it is, or can be made, legible and comprehensible, and to give to the authorised officer such information as he or she may reasonably require in relation to such relevant material; | ||
(d) where relevant material is not within a person’s possession or power to procure in accordance with paragraph (c), require the person at the place to state, to the best of that person’s knowledge and belief, where the material is or from whom it may be obtained; | ||
(e) operate any relevant equipment at the place or cause it to be operated by a person accompanying the authorised officer; | ||
(f) require any person at the place, who appears to the authorised officer to be in a position to facilitate access to the relevant material stored in any relevant equipment or which can be accessed by the use of that relevant equipment, to give the authorised officer all reasonable assistance in relation to the operation of the relevant equipment or access to the relevant material stored in it, including— | ||
(i) providing the relevant material to the authorised officer in a form in which the material can be taken away from the place and in which the material is, or can be made, legible and comprehensible, | ||
(ii) giving to the authorised officer any password necessary to make the relevant material concerned legible and comprehensible, or | ||
(iii) otherwise enabling the authorised officer to examine the relevant material in a form in which the material is legible and comprehensible; | ||
(g) make copies of any relevant material (including, in the case of material in a non legible form, a copy of such material in a permanent legible form); | ||
(h) remove relevant material from the place and retain it for such period as the authorised officer reasonably considers necessary for the purposes of the performance of his or her functions; | ||
(i) require any person at the place who has relevant material or relevant equipment in his or her possession or power to procure to retain the material or maintain the equipment for such period as the authorised officer reasonably considers necessary; | ||
(j) secure for later inspection, for such period as the authorised officer reasonably considers necessary for the performance of his or her functions— | ||
(i) any relevant material provided in accordance with paragraph (c) or otherwise found at the place, | ||
(ii) any relevant equipment or gambling product found at the place, or | ||
(iii) any such place, or part thereof, in which the authorised officer has reasonable grounds for believing that relevant material, relevant equipment, or gambling products is or are being kept; | ||
(k) require any person at the place concerned to give the authorised officer such information and assistance as he or she may reasonably require for the purposes of his or her functions under this Act; | ||
(l) require any person at the place concerned to produce for inspection a gambling licence which is within that person’s possession or power to procure. | ||
(2) An authorised officer may specify that a requirement under paragraph (c), (d), (k) or (l) of subsection (1) be complied with within such reasonable period as he or she may determine. | ||
(3) When performing a function under this Act, an authorised officer may, subject to the terms of any warrant issued under section 186 , be accompanied by such number of other authorised officers, members of An Garda Síochána or such other competent persons as he or she considers appropriate in the circumstances of the case. | ||
(4) An authorised officer shall not enter a dwelling, other than— | ||
(a) with the consent of the occupier, or | ||
(b) in accordance with a warrant issued under section 186 . | ||
(5) An authorised officer may require a person to provide his or her name and address where the authorised officer has reasonable grounds for believing that— | ||
(a) the person has committed an offence under this Act, or | ||
(b) such information is required for the purpose of applying for a warrant under section 186 . | ||
(6) An authorised officer may, for the purposes of carrying out a directed investigation— | ||
(a) require a person to provide relevant material to the authorised officer where the authorised officer is of the opinion that the person has relevant material in his or her possession or power to procure which is relevant to the directed investigation, and | ||
(b) where the authorised officer thinks fit, require that person to attend before the authorised officer for the purpose of providing that relevant material. | ||
(7) A person who is the subject of a requirement under subsection (6) shall comply with the requirement. | ||
(8) An authorised officer who requires a person under subsection (6) to provide relevant material to the authorised officer shall specify— | ||
(a) the period within which, or a date and time on which, the person concerned is to comply with the requirement, and | ||
(b) where the authorised officer thinks fit, the place at which the person shall attend to give the relevant material concerned or to which the person shall send or deliver that material. | ||
(9) A person required to attend before an authorised officer under subsection (6)(b) shall— | ||
(a) answer fully and truthfully any question put to the person by the authorised officer, and | ||
(b) if so required by the authorised officer, answer any such question under oath. | ||
(10) Where it appears to an authorised officer that a person has failed to comply with a requirement under subsection (1), (6) or (9), the authorised officer may, on notice to that person, and with the consent of the Authority, apply in a summary manner to the District Court for an order under subsection (11). | ||
(11) The District Court may, where it is satisfied on hearing an application made under subsection (10), that a person has failed to comply with the requirement specified in the application, make an order requiring the person to comply with that requirement within such period as is specified by the Court. | ||
(12) An application under subsection (10) shall be made to a judge of the District Court for the time being assigned to the District Court District within which the person in respect of whom the application is made resides or carries on any profession, trade or business. | ||
(13) A statement or admission made by a person pursuant to a requirement under subsection (1), (6) or (9) shall not be admissible as evidence in proceedings against the person for an offence (other than an offence under subsection (15)), and this shall be explained to the person in ordinary language by the authorised officer concerned. | ||
(14) Where, in the course of exercising a power under this Act, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence relating to the commission of an offence under this Act, the officer may seize and retain it for use in evidence. | ||
(15) A person is guilty of an offence where he or she— | ||
(a) withholds, destroys, conceals or refuses to provide relevant equipment or relevant material— | ||
(i) required for the purposes of a directed investigation, | ||
(ii) which the person concerned has been required by an authorised officer under this section to produce, or | ||
(iii) which the person concerned may reasonably expect to be required by an authorised officer under this section to produce, | ||
(b) in purported compliance with a requirement under this section, gives to an authorised officer relevant material which the person knows to be false or misleading in a material respect, | ||
(c) fails or refuses to comply with a requirement of an authorised officer under this section, or | ||
(d) otherwise obstructs or impedes an authorised officer in the performance of his or her functions under this Act. | ||
(16) A person guilty of an offence under subsection (15) is liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or | ||
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both. |