New South Wales Consolidated Acts

RESTRICTED PREMISES ACT 1943 - SECT 4

4 Rescission of declaration

(1) Any such declaration may be rescinded by the appropriate Court subject to such terms as the Court thinks fit, on application being made to it--

(a) by the owner or occupier of the premises the subject of the declaration, if the Court is satisfied the conditions referred to in section 3 (1) in respect of which the declaration was made--

(i) have ceased for a continuous period of at least 12 months before the application is made, and

(ii) are unlikely to reoccur at the premises, or

(b) by a senior police officer on proof that there is no reasonable ground for suspecting that any of the conditions referred to in subsection (1) of section 3 obtain in relation to such premises.

(1A) For the purposes of subsection (1) (a), the burden of establishing that the conditions have ceased and are unlikely to reoccur lies on the owner or occupier of the premises.

(2) Where an application under this section is made by the owner or occupier of the premises notice in writing of intention to make the same shall be served on a senior police officer two days at least before the hearing of such application.

(3) An owner or occupier may not make more than one application for the rescission of a declaration in respect of the same premises within any 12 month period.