Victorian Consolidated Legislation

Gambling Regulation Act 2003 - SECT 2.5.31.

Other notices of declaration

2.5.31. Other notices of declaration



(1) If a house or place is declared to be a common gaming house or place under
section 2.5.27, an officer of police must-

   (a)  cause a notice of the making of the declaration-

   (i)  to be published on 2 days in a newspaper circulating in the
        neighbourhood of the house or place; and

   (ii) to be served on the owner, agent, mortgagee or occupier of the house
        or place; and

   (b)  cause a copy of the declaration to be posted up on the house or place
        so as to be visible and legible to a person entering the house or
        place.

(2) Service under subsection (1)(a)(ii) may be effected-

   (a)  by personal service; or

   (b)  if, in the opinion of the officer of police, personal service cannot
        be effected promptly, by causing a copy of the notice to be affixed at
        or near to the entrance to the house or place; or

(c) in the case of the owner or occupier, by posting a prepaid letter
addressed to "the owner" or "the occupier" and bearing an address or
description of the house or place that, in the opinion of the court, would
ensure the delivery of the letter at the house or place.



(3) In a proceeding under this Act, the production of a copy of a newspaper
containing a notice referred to in subsection (1)(a)(i) is evidence that the
notice was duly published in that newspaper on the date appearing on the
newspaper.

(4) A person must not cover, remove, deface or destroy a copy of a declaration
posted up on premises in accordance with subsection (1)(b).

Penalty: 60 penalty units or imprisonment for 6 months or both.

(5) It is not a defence to a proceeding under this Division to show-

   (a)  non-compliance with any of the requirements of this section; or

   (b)  that a copy of a declaration posted up on premises in accordance with
        subsection (1)(b) has been covered, removed, defaced or destroyed.