PROHIBITION OF GAMING MACHINES AMENDMENT ACT 2004 BERMUDA 2004 : 18 PROHIBITION OF GAMING MACHINES AMENDMENT ACT 2004

Transcription

1 BERMUDA : 18 [Date of Assent: 30 June ] [Operative Date: 1 July ] Whereas it is expedient to amend the Prohibition of Gaming Machines Act 2001: Be it enacted by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as follows: Short title 1 This Act may be cited as the Prohibition of Gaming Machines Amendment Act. Interpretation 2 In this Act "the Act" means the Prohibition of Gaming Machines Act Amends section 3 of the Act 3 Section 3 of the Act is amended 1

2 (a) by deleting the definition of "machine" and substituting the ""machine" includes any apparatus, a computer or an electronic device;"; (b) by inserting after the definition of "Minister" the following ""passenger ship" means a ship engaged in carrying passengers to Bermuda from a port in a country outside Bermuda or from a port within Bermuda to a port in a country outside Bermuda;". Amends section 4 of the Act 4 Section 4 of the Act is amended (a) by deleting subsection (1) and substituting the "(1) This Act applies to any machine which (a) (b) (c) is constructed or adapted for playing a game of chance by means of the machine; is operated wholly or partly mechanically or electronically; and may be used wholly or partly for the purpose of playing a game of chance by itself or in combination with any other device whether or not (i) the machine has a slot or other aperture for the insertion of money or money's worth in the form of cash or tokens; and (ii) winnings may be collected from the machine or from a person, location or device independent of the machine."; (b) by deleting subsection (3) and substituting the "(3) For the purposes of the application of this Act, the Minister may by order amend subsection (1).". Amends section 5 of the Act 5 Section 5 of the Act is amended 2

3 (a) by deleting subsection (5) and substituting the "(5) Any person who contravenes the provisions of subsections (1), (2) or (3) is guilty of an indictable offence and shall be liable (a) (b) on summary conviction, to imprisonment for 2 years or to a fine not exceeding $100,000 or to both such imprisonment and fine; on conviction on indictment, to imprisonment for 5 years or to a fine not exceeding $250,000 or to both such imprisonment and fine."; (b) by inserting after subsection (5) the "(6) Where a person is guilty of an offence under subsections (1), (2) or (3), the Court before which he is convicted may order any machine shown to its satisfaction to relate to the offence, to be forfeited and destroyed or dealt with in such other manner as the Court may order. (7) No person shall use a machine to which this Act applies for gaming. (8) Any person who contravenes the provisions of subsection (7) is guilty of a summary offence and shall be liable on conviction to a fine not exceeding $1,000.". Amends section 6 of the Act 6 Section 6 of the Act is amended (a) by deleting subsection (4) and substituting the "(4) Any person who imports a machine, part or accessory in contravention of this section is guilty of an indictable offence and is liable (a) on summary conviction, to imprisonment for 2 years or to a fine not exceeding $100,000 or to both such imprisonment and fine; (b) on conviction on indictment, to imprisonment for 5 years or to a fine not exceeding $250,000 or to both such imprisonment and fine."; and 3

4 (b) by inserting next after subsection (4) the "(4A) Where a person is convicted of an offence under subsection (4), the Court before which he is convicted may order any machine, part or accessory shown to its satisfaction to relate to the offence, to be forfeited and destroyed or dealt with in such manner as the Court may order."; (c) by repealing subsection (5). Inserts new sections 6A and 6B 7 The Act is amended by inserting next after section 6 the "Issue and execution of search warrant 6A Subsections (1) and (2) of section 464 of the Criminal Code Act 1907 apply to offences under this Act as they apply to offences under the Criminal Code Act Police powers etc 6B A police officer may arrest without warrant any person whom he reasonably believes is committing or has committed an offence under this Act.". Commencement 8 This Act shall come into operation on 1 July,. 4

5 i