Section 42 Unlawful Gambling Act 1998 | Eviction of Occupier of Gambling Premises


Section 42 of the Unlawful Gambling Act 1998 (NSW) is concerned with Eviction of Occupier of Gambling Premises and is set out below.

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The Legislation

42 Eviction of occupier of gambling premises

(1) If the owner of any premises has reasonable grounds to suspect that the premises are gambling premises, the owner may serve a notice to quit on the occupier.
(2) A notice to quit is to be served:
(a) on the occupier personally, or
(b) if the occupier cannot be found, by posting a copy of the notice on some conspicuous part of the premises.
(3) Once the notice to quit is served, the owner may take legal proceedings to evict the occupier and cancel the tenancy.
(4) The occupier may apply to the Local Court to cancel the notice to quit.
(5) The occupier must serve a copy of the application on the owner at least 2 days before the application is heard by the Local Court.
(6) Service of the application on the owner operates to stay any proceedings commenced by the owner under subsection (3) until such time as the Local Court determines the application.
(7) The Local Court may cancel the notice to quit if satisfied that the occupier has not knowingly allowed the premises to be used as gambling premises. The court may make such other orders in relation to the application as it thinks fit.
(8) This section does not apply to premises that are declared gambling premises.