s 36 Possession of unlawful gambling instruments
36. —(1) An individual who is in possession of any thing that may reasonably be suspected of being an unlawful gambling instrument when he or she is — ( a ) present at any unlawful gambling; or ( b ) in or near a place — (i) in which any unlawful gambling is taking place; or (ii) which is habitually used for unlawful gambling, shall be guilty of an offence and — ( c ) shall be liable on conviction to a fine not exceeding $500,000 and shall also be punished with imprisonment for a term not exceeding 7 years; but ( d ) where the individual is a repeat offender, shall be liable on conviction to a fine not exceeding $700,000 and shall also be punished with imprisonment for a term not exceeding 10 years. (2) However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that — ( a ) the person did not know and could not reasonably be expected to know, that the money or thing concerned was an unlawful gambling instrument; ( b ) the money or thing concerned came into the person’s possession unsolicited and the person, as soon as the person became aware of its nature, took reasonable steps to destroy or otherwise surrender it to a police officer or an authorised officer; or ( c ) the person has a reasonable excuse to be in possession of any thing that may reasonably be suspected of being an unlawful gambling instrument. (3) The following offences are each a countable offence for the purpose of the reference in subsection (1) to a “repeat offender”: ( a ) an offence under section 3 of the Betting Act 1960 repealed by this Act; ( b ) an offence under section 4 of the Common Gaming Houses Act 1961 repealed by this Act. (4) An offence under this section is an arrestable offence. —(1) An individual who is in possession of any thing that may reasonably be suspected of being an unlawful gambling instrument when he or she is — ( a ) present at any unlawful gambling; or ( b ) in or near a place — (i) in which any unlawful gambling is taking place; or (ii) which is habitually used for unlawful gambling, shall be guilty of an offence and — ( c ) shall be liable on conviction to a fine not exceeding $500,000 and shall also be punished with imprisonment for a term not exceeding 7 years; but ( d ) where the individual is a repeat offender, shall be liable on conviction to a fine not exceeding $700,000 and shall also be punished with imprisonment for a term not exceeding 10 years. (2) However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that — ( a ) the person did not know and could not reasonably be expected to know, that the money or thing concerned was an unlawful gambling instrument; ( b ) the money or thing concerned came into the person’s possession unsolicited and the person, as soon as the person became aware of its nature, took reasonable steps to destroy or otherwise surrender it to a police officer or an authorised officer; or ( c ) the person has a reasonable excuse to be in possession of any thing that may reasonably be suspected of being an unlawful gambling instrument. (3) The following offences are each a countable offence for the purpose of the reference in subsection (1) to a “repeat offender”: ( a ) an offence under section 3 of the Betting Act 1960 repealed by this Act; ( b ) an offence under section 4 of the Common Gaming Houses Act 1961 repealed by this Act. (4) An offence under this section is an arrestable offence.