(1) A member of the Garda Síochána may seize any gaming instrument or gaming machine -
(a) being a gaming instrument or gaming machine having any device by means of which it can be fraudulently operated or which he or she has reason to believe is being fraudulently operated or used for unlawful gaming, or
(b) which he or she has reason to believe is not being operated in accordance with the conditions of a permit or licence granted under this Act.
(2) No person shall operate or permit to be operated or be in possession or control of any gaming instrument or gaming machine having any such device.