Gaming and Lotteries Act 1956

Postal packets containing unlawful documents posted in the State.

49

49. — (1) F55[F56[A postal service provider] or Bord Telecom Éireann, as the case may require] may detain any postal packet posted in the State and suspected of containing any document relating to an unlawful lottery and shall forward every postal packet so detained to a member of the Garda Síochána not below the rank of Superintendent.

(2) The member may open and examine the packet, but, in the case of an address within the State, only in the presence of the person to whom it is addressed unless, after notice in writing requiring his attendance left at or forwarded by post to the address on the packet, he fails to attend.

(3) If the member finds any such document he may detain the packet and its contents for the purpose of prosecution, and if he finds no such document he shall either deliver the packet to the person to whom it is addressed or, if he is absent, forward the packet to him by post.

(4) This section shall be construed as one with the Post Office Acts, 1908 to 1951.

Annotations:

Amendments:

F55

Substituted (13.07.1983) by Postal and Telecommunications Services Act 1983 (24/1983), s. 8(1) and sch. 4 part 1, commenced on enactment.

F56

Substituted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 5 and sch. 2.

F57

Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. ref no. 9, not commenced as of date of revision, subject to transitional provisions in ss. 13, 17, 26.

Modifications (not altering text):

C13

Prospective affecting provision: subs. (1) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. ref no. 9, not commenced as of date of revision, subject to transitional provisions in ss. 13, 17, 26.

(1) F55[F56[A postal service provider] or Bord Telecom Éireann, as the case may require] may detain any postal packet posted in the State and suspected of containing any document relating to an unlawful lottery and shall forward every postal packet so detained to a member of the Garda Síochána not below the rank of F57[Inspector].