Going to Court? Book Your Free First Appointment

Saved Pages

Save pages and articles you’re most interested in to read later on.

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.

For accurate advice and outstanding representation from criminal lawyers who are experienced in representing clients in unlawful gambling cases, call Sydney Criminal Lawyers® today on (02) 9261 8881.

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.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Search Our Site enter search term and press GO

Saved Articles & Pages


Preferred date for conference
Preferred time for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)