Victorian Consolidated Legislation

Gambling Regulation Act 2003 - SECT 2.5.35.

Liability of owner

2.5.35. Liability of owner



(1) If-

   (a)  notice of the making of a declaration under section 2.5.27 is served
        on an owner of a house or place; and





   (b)  during the time that the declaration is in force, the house or place
        is used 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-

the owner is guilty of an offence. Penalty: For a first offence, 100 penalty
units or imprisonment for 12 months or both; For a second or subsequent
offence, 200 penalty units or imprisonment for 2 years or both.

(2) It is a defence to a charge for an offence against subsection (1) to prove
that the defendant took all reasonable steps to evict the occupier from the
house or place.