Victorian Current Acts

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Publication of declaration

S. 81(1) amended by No. 37/2014 s. 10(Sch. item 155.24).

    (1)     As soon as possible after the making of a declaration under section 80(1) the Chief Commissioner of Police (if the application for it was made by a police officer) or the responsible authority (if the application for it was made by one of its officers)—

        (a)     must cause a notice of the making of the declaration to be published on two days in a newspaper generally circulating in the area in which the premises are situated; and

        (b)     must cause a notice of the making of the declaration to be served personally on the owner or the occupier, or a mortgagee, of the premises; and

        (c)     must cause a copy of the declaration to be posted up at or near to the entrance to the premises so as to be visible and legible to any person entering them.

    (2)     If, in the opinion of the Chief Commissioner or an authorised officer of the responsible authority (as the case requires), personal service as required by subsection (1)(b) cannot be promptly effected, the notice may be sufficiently served for the purposes of that subsection by posting it in a prepaid letter addressed to "the owner" or "the occupier" (without name or further description) and bearing such an address or description of the premises as should ensure the delivery of the letter at those premises.

    (3)     A person must not cover, remove, deface or destroy a copy of a declaration posted up under subsection (1)(c).

Penalty:     60 penalty units or imprisonment for 6 months.

    (4)     In a proceeding under this Part the production of a copy of a newspaper containing a notice published under subsection (1)(a) is evidence and, in the absence of evidence to the contrary, is proof that the notice was duly published in that newspaper on the date appearing on that newspaper.

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