Section 13A
Forfeiture of seized gaming machines [S 20/2008]
(1)
Without prejudice to section 13(2), any gaming machine seized in exercise of any power conferred by this Act shall be liable to forfeiture.
(2)
An order for the forfeiture or for the release of any gaming machine seized in exercise of any power conferred by this Act shall be made by the court before which the prosecution with regard to it has been held.
(3)
An order for the forfeiture of the gaming machine shall be made if it is proved to the satisfaction of the court that —
(a)
an offence under this Act has been committed; and
(b)
the gaming machine was the subject matter of or was used in the commission of the offence, notwithstanding that no person has been convicted of the offence.
(4)
If there is no prosecution with regard to any gaming machine seized in exercise of any power conferred by this Act, such gaming machine shall be taken and deemed to be forfeited at the expiration of 14 days from the date of service to the last known address of the person from whom the gaming machine was seized indicating that there is no prosecution in respect of such gaming machine, unless before that date a claim to the gaming machine is made in the manner specified in subsection (5).
(5)
Any person asserting that he is the owner of the gaming machine referred to in subsection (3) and that it is not liable to forfeiture may personally or by his agent authorised in writing give notice to the
Commissioner of Police that he claims the gaming machine.
(6)
Upon receipt of the notice referred to in subsection (4), the
Officer Commanding a Police District shall refer the matter to a Magistrate for a decision.
Common Gaming Houses 14
(7)
The Magistrate to whom a matter is referred under subsection (6) shall issue a summons requiring the person asserting that he is the owner of the gaming machine and the person from whom it was seized, to appear before him.
(b)
On his appearance or default of appearance, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter.
(c)
On proof that an offence under this Act has been committed and that such gaming machine was the subject matter of or was used in the commission of such offence, the Magistrate shall order the gaming machine to be forfeited and shall in the absence of such proof, order its release.
(8)
Any gaming machine forfeited or deemed to be forfeited shall be delivered to the Officer Commanding a Police District and shall be disposed of in accordance with the directions of the Magistrate.
(9)
The Officer Commanding a Police District shall not be liable to any person for any damage, however caused, to a gaming machine seized under this Act.