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Table of Contents
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AI Summary of 185. Powers of authorised officers
Authorised officers may, at any reasonable time and, subject to subsection (4), by reasonable force if necessary, enter any place where they have reasonable grounds to believe a gambling activity has taken place, is taking place or is intended to take place, or where relevant material, equipment or gambling products are kept. They may search and inspect premises; require production of relevant material in a form that can be taken away and is legible and comprehensible; require persons to state where material is held; operate or require operation of equipment and obtain assistance including passwords; make copies; remove, retain or secure material, equipment, products or premises for inspection; require production of a gambling licence; and specify reasonable periods for compliance. Entry to a dwelling requires the occupier’s consent or a warrant; officers may be accompanied by other authorised officers, members of An Garda Síochána or other competent persons.
An authorised officer may require a person’s name and address where there are reasonable grounds to believe an offence under the Act has been committed or for the purposes of applying for a warrant. For directed investigations officers may require provision of relevant material and attendance; persons must comply, answer fully and truthfully and, if required, answer under oath. Officers may seize and retain items reasonably believed to be evidence. Withholding, destroying, concealing or refusing to provide material, giving false or misleading material, failing to comply or otherwise obstructing an officer are offences. On summary conviction an offence under subsection (15) attracts a class A fine or imprisonment up to 12 months (or both); on indictment a fine or imprisonment up to 5 years (or both). Statements or admissions made under a requirement are not admissible in proceedings against the person except for offences under subsection (15) and this must be explained to the person.
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185. Powers of authorised officers
(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;