Victorian Consolidated Legislation

Gambling Regulation Act 2003 - SECT 2.5.25.

Power of owner to evict occupier of common gaming house or place

2.5.25. Power of owner to evict occupier of common gaming house or place



(1) If an owner of a house or place-

   (a)  has reasonable grounds to suspect that the house or place is a common
        gaming house or place; or

   (b)  has reasonable grounds to suspect that the house or place is used as a
        means of access to or of exit or escape from a common gaming house or
        place-

the owner may serve on the occupier a notice to quit (stating that the notice
is given under this section).

(2) Subject to this Act, if a notice is served under subsection (1), any
tenancy under which the occupier occupies the house or place is terminated on
the 3rd day after the date of service as if the tenancy had expired by
effluxion of time.

(3) If a tenancy terminates under subsection (2), the owner may, without any
authority other than this Act, take legal proceedings to evict and may evict
the occupier.

(4) A notice under subsection (1) must be served personally on the occupier
unless the occupier cannot be found, in which case service may be effected by
posting a copy of the notice on a conspicuous part of the house or place.

(5) This section does not apply if the occupier occupies the house or place
under a tenancy agreement to which the Residential Tenancies Act 1997 applies.