Victorian Consolidated Legislation

Gambling Regulation Act 2003 - SECT 2.5.27.

Declaration of common gaming house or place

2.5.27. Declaration of common gaming house or place



(1) An officer of police may apply to the Magistrates' Court for a declaration
under subsection (4) if the officer suspects on reasonable grounds that a
house or place is used as-

   (a)  a common gaming house or place; or

   (b)  a means of access to or of exit or escape from a common gaming house
        or place.

(2) An application must be supported by affidavit.

(3) Notice in writing of the application must, not less than 72 hours before
the hearing of the application-

   (a)  be served on the owner or occupier of the house or place; or

   (b)  be advertised in a newspaper circulating generally in the locality in
        which the house or place is situated.

(4) On an application under subsection (1), the Magistrates' Court may declare
the house or place which is the subject of the application to be a common
gaming house or place.

(5) A declaration remains in force-

   (a)  for the period specified in the declaration; or

   (b)  until rescinded by the Magistrates' Court-

whichever is the earlier.