§ 108 — Powers of entry, etc., at premises

108.—(1) A police officer or an authorised officer may without warrant, enter, at all reasonable times, and remain at any premises —(a)

that is an approved gambling venue;

(b)

where a licensee or former licensee, a class licensee for any gambling service provided, or a gambling service agent of a licensee, has an office or keeps records that relate to any gambling service provided by the licensee, class licensee or former licensee; or

(c)

at which a police officer or an authorised officer has reasonable grounds to believe that gambling has been, or is being, conducted.

(2) Upon entering any premises under subsection (1), a police officer or an authorised officer may do all or any of the following:(a)

examine any thing or observe any activity conducted in or on the premises;

(b)

inspect the premises and any document or article (whether or not a gambling article) or other thing in or on the premises;

(c)

make a still or moving image or recording of the premises and any document or article (whether or not a gambling article) or other thing in or on the premises;

(d)

inspect any document or article found on the premises and take extracts from, or make copies of, any such document or article;

(e)

seize any document or article (whether or not a gambling article) found on the premises if, in the opinion of the police officer or authorised officer —(i)

the inspection or copying of or extraction from the document or article cannot reasonably be performed without taking possession;

(ii)

the document or article may be interfered with or destroyed unless possession is taken; or

(iii)

the document or article may be required as evidence in any criminal proceedings or regulatory action instituted or commenced under this Act;

(f)

operate electronic equipment in or on the premises;

(g)

seize any unlawful gambling instrument found on the premises;

(h)

take into or onto the premises such equipment and materials as the police officer or authorised officer requires for the purpose of exercising powers in this section in relation to those premises.

(3) For the purposes of subsection (2), if any information in a document or an article required by a police officer or an authorised officer is kept in electronic form —(a)

the power of a police officer or an authorised officer to inspect the document or article includes the power to —(i)

access any computer or other equipment (including a mobile telephone) in which the information is stored; and

(ii)

require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access; and

(b)

the power of a police officer or an authorised officer to seize such document includes the power —(i)

to make copies of the document in legible or electronic form; and

(ii)

to transfer the information from the document to a disk, tape or other storage device.

(4) If a police officer or an authorised officer under subsection (3)(b) is unable to make copies of the document or transfer the information from the document, the police officer or authorised officer (whether or not the same inspecting officer) may —(a)

seize the computer or other equipment (including a mobile telephone) in which the document or information is stored, as evidence in proceedings for an offence under any provision of this Act; and

(b)

require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to disclose any password or access code for gaining access to the document or information held in the computer or equipment.

(5) The power under subsection (2)(f) to operate electronic equipment in or on any premises includes the power —(a)

to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment;

(b)

to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and

(c)

to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —(i)

is brought to the premises for the exercise of the power; or

(ii)

is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,

and to remove the disk, tape or other storage device from those premises.

(6) A police officer or an authorised officer may break open doors, windows or partitions and do such other acts as may be necessary to enter and remain at any premises, except that an authorised officer may exercise a power under this subsection only —(a)

after declaring his or her office and after producing his or her identification card on demand being made; and

(b)

in circumstances where the authorised officer —(i)

suspects on reasonable grounds that an offence under Part 2 has been or is being committed in relation to those premises; and

(ii)

is unable to enter, or is refused entry to, the premises.

(7) Sections 370, 371 and 372 of the Criminal Procedure Code 2010 relating to the handling of property seized by a police officer apply, with the necessary modifications, to any thing coming into the possession of a police officer or an authorised officer under this section.

—(1) A police officer or an authorised officer may without warrant, enter, at all reasonable times, and remain at any premises —(a)

that is an approved gambling venue;

(b)

where a licensee or former licensee, a class licensee for any gambling service provided, or a gambling service agent of a licensee, has an office or keeps records that relate to any gambling service provided by the licensee, class licensee or former licensee; or

(c)

at which a police officer or an authorised officer has reasonable grounds to believe that gambling has been, or is being, conducted.

(2) Upon entering any premises under subsection (1), a police officer or an authorised officer may do all or any of the following:(a)

examine any thing or observe any activity conducted in or on the premises;

(b)

inspect the premises and any document or article (whether or not a gambling article) or other thing in or on the premises;

(c)

make a still or moving image or recording of the premises and any document or article (whether or not a gambling article) or other thing in or on the premises;

(d)

inspect any document or article found on the premises and take extracts from, or make copies of, any such document or article;

(e)

seize any document or article (whether or not a gambling article) found on the premises if, in the opinion of the police officer or authorised officer —(i)

the inspection or copying of or extraction from the document or article cannot reasonably be performed without taking possession;

(ii)

the document or article may be interfered with or destroyed unless possession is taken; or

(iii)

the document or article may be required as evidence in any criminal proceedings or regulatory action instituted or commenced under this Act;

(f)

operate electronic equipment in or on the premises;

(g)

seize any unlawful gambling instrument found on the premises;

(h)

take into or onto the premises such equipment and materials as the police officer or authorised officer requires for the purpose of exercising powers in this section in relation to those premises.

(3) For the purposes of subsection (2), if any information in a document or an article required by a police officer or an authorised officer is kept in electronic form —(a)

the power of a police officer or an authorised officer to inspect the document or article includes the power to —(i)

access any computer or other equipment (including a mobile telephone) in which the information is stored; and

(ii)

require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access; and

(b)

the power of a police officer or an authorised officer to seize such document includes the power —(i)

to make copies of the document in legible or electronic form; and

(ii)

to transfer the information from the document to a disk, tape or other storage device.

(4) If a police officer or an authorised officer under subsection (3)(b) is unable to make copies of the document or transfer the information from the document, the police officer or authorised officer (whether or not the same inspecting officer) may —(a)

seize the computer or other equipment (including a mobile telephone) in which the document or information is stored, as evidence in proceedings for an offence under any provision of this Act; and

(b)

require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to disclose any password or access code for gaining access to the document or information held in the computer or equipment.

(5) The power under subsection (2)(f) to operate electronic equipment in or on any premises includes the power —(a)

to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment;

(b)

to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and

(c)

to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —(i)

is brought to the premises for the exercise of the power; or

(ii)

is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,

and to remove the disk, tape or other storage device from those premises.

(6) A police officer or an authorised officer may break open doors, windows or partitions and do such other acts as may be necessary to enter and remain at any premises, except that an authorised officer may exercise a power under this subsection only —(a)

after declaring his or her office and after producing his or her identification card on demand being made; and

(b)

in circumstances where the authorised officer —(i)

suspects on reasonable grounds that an offence under Part 2 has been or is being committed in relation to those premises; and

(ii)

is unable to enter, or is refused entry to, the premises.

(7) Sections 370, 371 and 372 of the Criminal Procedure Code 2010 relating to the handling of property seized by a police officer apply, with the necessary modifications, to any thing coming into the possession of a police officer or an authorised officer under this section.