Victorian Consolidated Legislation

Gambling Regulation Act 2003 - SECT 2.5.28.

Application for rescission by owner etc.

2.5.28. Application for rescission by owner etc.



(1) The owner, agent, mortgagee or occupier of a house or place that has been
declared to be a common gaming house or place may apply to the Magistrates'
Court for rescission of the declaration.

(2) Notice in writing of the application must, not less than 72 hours before
the hearing of the application, be served on an officer of police stationed in
the police district in which the common gaming house or place is situated.

(3) On an application under subsection (1), the applicant must prove on the
balance of probabilities that the applicant has not at any time used the house
or place as a common gaming house or place or as a means of access to or of
exit or escape from a common gaming house or place or permitted it to be so
used.

(4) The Magistrates' Court may rescind a declaration subject to any terms or
conditions that the Court thinks fit, including the giving of security to
insure that the house or place will not be used again as a common gaming house
or place or as a means of access to or of exit or escape from a common gaming
house or place.