Appointment of investigator

(1) The Board may appoint one or more competent persons as investigators to conduct an investigation on its behalf29 (a) with respect to a licensee– (i) if it appears to the Board on reasonable grounds that there are, or may be, grounds for taking enforcement action against the licensee under section 8E; or (ii) the Board is of the opinion that it is desirable to appoint an investigator in the interests of the customers or potential customers of the licensee or in the public interest or in order to safeguard the reputation of Belize; (b) with respect to a former licensee, if the Board would have been entitled to appoint an investigator under paragraph (a), but for the revocation of the licensee’s gaming licence; and (c) with respect to any person if it appears to the Board on reasonable grounds that the person is carrying on, or has carried on, unlicensed gaming business. (2) The Board may give directions to the investigator concerning any one or more of the following– (a) the scope of the investigation; (b) the period for the conduct of the investigation; (c) the manner in which the investigator shall report to it. (3) An investigator appointed under sub-section (1) may, if he considers it necessary for the purposes of his investigation, also investigate the business of any person who is, or at any relevant time has been, an associate of the person under investigation on giving written notice to such associate. (4) Notwithstanding sub-section (3), an investigator has the (a) without notice, enter at all reasonable times any premises in order to ensure compliance with– (i) the provisions of this Act or any regulations made under this Act; or (ii) any condition subject to which a licence, authorization or approval is granted; (b) without notice, enter at all reasonable times any licensed premises and inspect any accounts, book, document, records, article or thing to which any gaming relates and any gaming machine or equipment; and (c) require the production of records and accounts which are required to be kept by the casino operator under the provisions of this Act or any regulations made under this Act. (5) An investigator may during the course of an inspection seize and remove any gaming machine, equipment or article which the investigator reasonably believes is being used in contravention of any provision of this Act or regulations made under this Act for examination outside of the specified premises. (6) Subject to sub-section (7), any gaming machine, equipment or article seized under sub-section (5) shall be returned to the licensee as soon as practicable, and in any case, shall not be retained for– (a) a longer period than two months; or 31 (b) if within the period referred to in paragraph (a), court proceedings have been brought in respect of the seizure, longer than the conclusion of those proceedings. (7) Any gaming machine, equipment or article seized under this section may, by order of the court, be forfeited pursuant to section 23A or 23B. (8) An investigator shall submit a report of his investigation to the Board. (9) The Board may direct that the licensee pay the costs, or such part of the costs as it may specify, of an investigation conducted, or storage of any gaming machine, equipment or article seized, under this section. (10) A notice referred to in sub-section (3) shall be kept confidential and any person who receives a notice referred to in sub-section (3) shall not disclose the existence or contents of the notice to any person except a legal adviser for the purpose of obtaining legal advice or representation in respect of the notice. (11) A person who contravenes sub-section (10) commits an offence and is liable on summary conviction to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding one year, or to both such fine and term of imprisonment. PART IIB