South Australian Consolidated Acts

LOTTERY AND GAMING ACT 1936 - SECT 81

81—Rescission of declaration

        (1)         Any such declaration may be rescinded by a judge of the Supreme Court, subject to such terms as he thinks fit, on application being made to him—

            (a)         by the owner, tenant, or occupier of the house, office, room, or place the subject of the declaration, on proof that he has not at any time allowed the house, office, room, or place to be used in contravention of this Act; or

            (b)         by a member of the police force of or above the rank of Inspector, on proof that the house, office, room, or place is not used in contravention of this Act.

        (2)         Where the application is made by the owner, tenant, or occupier as aforesaid, notice in writing of intention to make the same shall be served on a member of the police force of or above the rank of Inspector two days at least before the hearing of the application.

        (3)         When any such declaration has been rescinded by a judge of the Supreme Court on terms, the owner, tenant or occupier of the house, office, room or place, the subject of the declaration, or a member of the police force of or above the rank of Inspector may apply to a judge of the Supreme Court for a variation of such terms on proof that circumstances existing at the time of fixing such terms have materially altered. On any such application the judge if satisfied that it is just or expedient to do so may modify, revoke, add to, or remit any of such terms:

Provided that the Commissioner of Police shall be given notice of any application by such owner, tenant or occupier and shall be entitled to be heard in opposition thereto.