Victorian Current Acts

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Rescission of declaration

    (1)     The Magistrates' Court may rescind a declaration made under section 80(1) and may do so on any terms, conditions, limitations or restrictions that it thinks fit which may include the giving of security to ensure that the premises are not again—

S. 84(1)(a) substituted by No. 44/1999 s. 28(3).

        (a)     used for the carrying on of a business of a kind referred to in the definition of brothel in section 3 in contravention of section 22(1) or (1A) or 21A(1); or

S. 84(1)(ab) inserted by No. 73/1996 s. 72(2), repealed by No. 44/1999 s. 28(3).

    *     *     *     *     *

        (b)     used for the purposes of the operation of a brothel without there being in force in respect of them any permit required under the Planning and Environment Act 1987 for their use or development for those purposes.

    (2)     The Magistrates' Court may act under subsection (1) on the application of—

        (a)     the owner or the occupier, or a mortgagee, of the declared premises; or

S. 84(2)(b) amended by No. 37/2014 s. 10(Sch. item 155.24).

        (b)     an authorised police officer; or

        (c)     an authorised officer of the responsible authority.

    (3)     The Magistrates' Court may only rescind a declaration under subsection (1) on an application made under subsection (2)(a) if it is satisfied that notice of the application was at least 72 hours before the hearing served on a superintendent or inspector of police stationed within the police district in which the declared premises are situated and on the responsible authority.

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