Victorian Current Acts Victorian Current ActsS. 2.5.28(1) amended by No. 56/2014 s. 24(1).
(1) The owner, agent, mortgagee or occupier of a declared place may apply to the Magistrates' Court for rescission of the declaration.
S. 2.5.28(2) amended by Nos 37/2014 s. 10(Sch. item 72.7), 56/2014 s. 24(2).
(2) Notice in writing of the application must, not less than 72 hours before the hearing of the application, be served on a senior police officer stationed in the police district in which the declared place is situated.
S. 2.5.28(3) substituted by No. 56/2014 s. 24(3).
(3) On an application under subsection (1), the applicant must prove on the balance of probabilities that the applicant has not at any time provided the declared place, or permitted it to be provided, for the purposes of unauthorised gambling.
S. 2.5.28(4) substituted by No. 56/2014 s. 24(3).
(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 ensure that the declared place will not again be provided for the purposes of unauthorised gambling.