Section 28 Unlawful Gambling Act 1998 | Revocation of Final Declaration

The Legislation

Section 28 of the Unlawful Gambling Act 1998 (NSW) is concerned with Revocation of Final Declaration and is set out below.

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28 Revocation of final declaration

(1) A senior police officer, or the owner or occupier of premises that are the subject of a final declaration, may apply for the revocation of the declaration.
(2) The application is to be made to the Local Court.
(3) An owner or occupier who makes an application must give notice of the application to a senior police officer not less than 7 days before the application is heard.
(4) The Local Court may revoke the final declaration if the court is satisfied:
(a) that the premises are no longer gambling premises, and
(b) in the case of an application by the owner or occupier–that the premises are, or are intended to be, used for a lawful purpose.
(5) The revocation of a final declaration may be subject to such conditions as the Local Court thinks fit, including the giving of undertakings to ensure that the premises will not again be used as gambling premises.
(6) The revocation of a final declaration has effect from the date of the Local Court’s decision or such other date as the Local Court may specify.
(7) A senior police officer must cause notice of the revocation of a final declaration to be published:
(a) on 2 different days in a newspaper circulating in the area of the premises the subject of the declaration, and
(b) in the Gazette.