§ 106 — Proof of age, etc., may be required for section 32 or 33 offence

106.—(1) If a police officer or an authorised officer has reasonable cause to suspect that an individual in an approved gambling venue or gaming machine room during the restricted period of the approved gambling venue or gaming machine room is an underaged individual who has committed, is committing, or is attempting to commit, an offence under section 32 or 33, the police officer or authorised officer may —(a)

require the individual in the approved gambling venue or gaming machine room to state his or her correct age, name and address; and

(b)

if it is suspected on reasonable grounds that the age, name or address given in response to the requirement is false, require the individual to produce evidence of its correctness.

(2) If a police officer or an authorised officer has reasonable cause to suspect that an individual in an approved gambling venue or gaming machine room during the restricted period of the approved gambling venue or gaming machine room is an excluded person who has committed, is committing, or is attempting to commit, an offence under section 32 or 33, the police officer or authorised officer may —(a)

require the individual in the approved gambling venue or gaming machine room —(i)

to state his or her correct age, name and address; and

(ii)

to declare whether or not the individual is or is not an excluded person; and

(b)

if it is suspected on reasonable grounds that the age, name or address or declaration given in response to the requirement is false, require the individual to produce evidence of its correctness.

(3) An individual must not fail to comply with a requirement under subsection (1)(a) or (2)(a) and must not, without reasonable cause, fail to comply with a requirement under subsection (1)(b) or (2)(b).

(4) An individual who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(5) If an individual contravenes subsection (3), a police officer or an authorised person may arrest the individual without warrant and bring him or her before a Magistrate to be dealt with according to law.

(6) Any of the following having charge and control of an approved gambling venue or gaming machine room:(a)

a licensee;

(b)

a gambling service agent of a licensee;

(c)

an employee of a licensee or a gambling service agent of a licensee,

has and may exercise the powers of an authorised officer under subsection (1) or (2), and any reference in the subsection to an authorised officer includes a reference to such a licensee, gambling service agent of a licensee, or an employee of a licensee or a gambling service agent of a licensee.

(7) Despite section 42(2) and (3) of the Children and Young Persons Act 1993, an underaged individual must not be imprisoned, or detained in a detention centre in respect of an offence under this section, including as a consequence of a failure to pay a fine that is imposed in respect of an offence under this section.

(8) To avoid doubt, this section does not affect section 82.

—(1) If a police officer or an authorised officer has reasonable cause to suspect that an individual in an approved gambling venue or gaming machine room during the restricted period of the approved gambling venue or gaming machine room is an underaged individual who has committed, is committing, or is attempting to commit, an offence under section 32 or 33, the police officer or authorised officer may —(a)

require the individual in the approved gambling venue or gaming machine room to state his or her correct age, name and address; and

(b)

if it is suspected on reasonable grounds that the age, name or address given in response to the requirement is false, require the individual to produce evidence of its correctness.

(2) If a police officer or an authorised officer has reasonable cause to suspect that an individual in an approved gambling venue or gaming machine room during the restricted period of the approved gambling venue or gaming machine room is an excluded person who has committed, is committing, or is attempting to commit, an offence under section 32 or 33, the police officer or authorised officer may —(a)

require the individual in the approved gambling venue or gaming machine room —(i)

to state his or her correct age, name and address; and

(ii)

to declare whether or not the individual is or is not an excluded person; and

(b)

if it is suspected on reasonable grounds that the age, name or address or declaration given in response to the requirement is false, require the individual to produce evidence of its correctness.

(3) An individual must not fail to comply with a requirement under subsection (1)(a) or (2)(a) and must not, without reasonable cause, fail to comply with a requirement under subsection (1)(b) or (2)(b).

(4) An individual who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(5) If an individual contravenes subsection (3), a police officer or an authorised person may arrest the individual without warrant and bring him or her before a Magistrate to be dealt with according to law.

(6) Any of the following having charge and control of an approved gambling venue or gaming machine room:(a)

a licensee;

(b)

a gambling service agent of a licensee;

(c)

an employee of a licensee or a gambling service agent of a licensee,

has and may exercise the powers of an authorised officer under subsection (1) or (2), and any reference in the subsection to an authorised officer includes a reference to such a licensee, gambling service agent of a licensee, or an employee of a licensee or a gambling service agent of a licensee.

(7) Despite section 42(2) and (3) of the Children and Young Persons Act 1993, an underaged individual must not be imprisoned, or detained in a detention centre in respect of an offence under this section, including as a consequence of a failure to pay a fine that is imposed in respect of an offence under this section.

(8) To avoid doubt, this section does not affect section 82.