S.L. 583.6 Art. 13Powers of officers of the Authority.

(1) Without prejudice to anything contained in any other regulatory instrument, an officer of the Authority shall, for the purpose of ascertaining that all applicable regulatory instruments are being complied with, have the following powers:

(a) to inspect, test and, or examine any equipment, software or other thing being used in the provision of a gaming service, a gaming supply, or a key function;

(b) to remove any equipment, software or other thing to another place or premises approved and, or designated by the Authority, for the purpose of an inspection and, or examination;

(c) to inspect any premises, whether authorised by the Authority or otherwise, in which gaming is taking place or in which he reasonably suspects that gaming is taking place, or in which there is, or he reasonably suspects that there is, any equipment, software or any other thing related to such gaming;

(d) to demand information or the production of any document or other thing related to gaming or which he reasonably suspects relates to gaming for the purpose of an inspection and, or examination, including but not limited to requiring any person found within any premises in which gaming is taking place to produce identification documents and, or evidence of his age;

(e) to remove any document or other thing produced as a result of a request under the preceding paragraph or discovered during an inspection for the purpose of examining it and, or making copies or taking extracts or otherwise documenting its existence and, or characteristics;

(f) to play a game or games for the purpose of confirming whether such game requires authorisation in terms of the Act or any other regulatory instrument;

(g) to play a game or games which are authorised by the Authority to be offered for the purpose of confirming whether such game is compliant with the Act and any other applicable regulatory instruments;

(h) to demand information and, or the production of any document or other thing, from any person whom the officer of the Authority reasonably suspects to be conducting gaming without the necessary authorisation, or aiding or abetting gaming without the necessary authorisation;

(i) to access, retrieve and, or make extracts or copies of any data, information and, or any document or other thing pertaining to an authorised person, including but not limited to surveillance footage and any recording by whatever means of video, audio and, or any other information, wherever such data, information, document or other thing is located and, or stored;

(j) to call to his assistance for the purpose of carrying out his functions -

(i) another officer of the Authority;

(ii) any member of the Police Force, any local council, any department of Government or any agency of Government, or any other public authority, whether local or foreign;

(k) to do all such things as may be ancillary or conducive to his powers and duties under the Act, these regulations and any other regulatory instrument or any other law.

Provided that, in exercising any of the powers under this provision, the officer of the Authority shall respect the principles of data minimisation and proportionality as defined within data protection legislation. Furthermore, the Authority shall not retain any copies or extracts beyond what is necessary in the exercise of the relevant power.

(2) Whenever an officer of the Authority removes equipment, software, document or any other thing from any premises or place in terms of sub-regulation (1), the Authority shall provide a receipt for it to the person who owns or is in charge of the premises or place and, subject to sub-regulation (3), shall promptly return the equipment, software, document or other thing to the premises or other place after completion of the inspection, examination, testing, making of copies or taking of extracts, as the case may be.

(3) An officer of the Authority may, for the purposes of evidence, detain for such time as may be required any equipment, software, document or other thing that the officer discovers while acting in the exercise of his powers and which he believes, on reasonable grounds, may afford evidence of a violation of or a non-compliance with anything contained in the Act or any other regulatory instrument.

(4) Copies of or extracts from documents or other things removed from any premises or other place by an officer of the Authority, and certified by an officer of the Authority making the copies or taking the extracts as being true copies of or extracts from the originals, are admissible in evidence to the same extent as, and have the same probatory value as, the documents or things of which they are copies or from which they are extracts.