Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Current version for 1 December 2014 to date (accessed 21 December 2014 at 09:12)
Part 16A

Part 16A Powers relating to fortified premises

210A   Definitions

In this Part:

fortification means any security measure that involves a structure or device forming part of, or attached to, premises that:

(a)  is intended or designed to prevent or impede police access to the premises, or
(b)  has, or could have, the effect of preventing or impeding police access to the premises and is excessive for the particular type of premises.

fortification removal order has the meaning given by section 210B.

210B   Fortification removal order

(1)  The Local Court may, on application by the Commissioner, make an order (a fortification removal order) directing a person named in the order (being an owner or occupier of the premises) to remove or modify any fortifications at the premises, as specified in the order, within a period specified in the order.
(2)  The Local Court is to make a fortification removal order only if satisfied that there are fortifications at the premises concerned and that:
(a)  the fortifications have been constructed or put in place in contravention of the Environmental Planning and Assessment Act 1979, or
(b)  there are reasonable grounds to believe that the premises are being used, have been used or are likely to be used:
(i)  for or in connection with the commission of a serious indictable offence, or
(ii)  to conceal evidence of a serious indictable offence, or
(iii)  to keep the proceeds of a serious indictable offence.
(3)  A fortification removal order must state the general grounds on which the order is made.
(4)  If the owner or occupier required by a fortification removal order to remove or modify fortifications did not appear, or was not represented, before the Local Court on the making of the order, the Commissioner is to cause a copy of the order to be served:
(a)  personally on the owner or occupier named in the order, or
(b)  if personal service cannot be effected promptly, by causing a copy of the order to be affixed to or near the entrance of the premises.
(5)  Part 4 of the Local Court Act 2007 applies, subject to any modifications provided for by this Part or by the regulations, to proceedings for a fortification removal order under this Part.
Note. Section 70 of the Local Court Act 2007 provides for appeals in relation to matters dealt with under Part 4 of that Act.

210C   Application for fortification removal order

(1)  An application for a fortification removal order is to be made by the Commissioner by issuing and filing an application notice in accordance with Part 4 of the Local Court Act 2007.
(2)  Despite section 49 of that Act, the application notice must be served:
(a)  personally on the respondent, or
(b)  if personal service cannot be effected promptly, by causing a copy of the application notice to be affixed to or near the entrance of the premises.
(3)  Section 51 of the Local Court Act 2007 does not apply to proceedings for a fortification removal order.

210D   Enforcement of fortification removal order

(1)  If the fortifications to which a fortification removal order applies are not removed or modified in accordance with a fortification removal order within the period required by the order or, if that period is extended or further extended by the Commissioner under this Part, within the extended period, the Commissioner may cause the fortifications to be removed or modified to the extent required by the order in accordance with this section.
(2)  For that purpose, the Commissioner, or any police officer authorised by the Commissioner, may do any one or more of the following:
(a)  enter the premises without a warrant,
(b)  use such force as is reasonably necessary for the purpose of entering the premises,
(c)  make use of such assistants as the Commissioner or police officer considers necessary to remove or modify the fortifications,
(d)  seize anything required to be removed for the purpose of complying with the order,
(e)  do anything else it is reasonably necessary to do to remove or modify the fortifications to the extent required by the order.
(3)  The Commissioner may recover the costs incurred by the Commissioner under this section, as a debt in any court of competent jurisdiction, from any person who caused the fortifications to be constructed or put in place.
(4)  Before premises are first entered under this section, the Commissioner must cause a notice to be prepared that:
(a)  contains a summary of the fortification removal order, and
(b)  specifies the intention of the Commissioner to enter, or to authorise entry, to the premises to cause the fortifications to be removed or modified in accordance with the order on or from a date specified in the order (the enforcement date).
(5)  A copy of the notice must be served, not less than 7 days before the enforcement date:
(a)  personally on the occupier of the premises, or
(b)  if personal service cannot be effected promptly, by causing a copy of the notice to be affixed to or near the entrance to the premises.

210E   Hindering removal or modification of fortifications

(1)  A person must not do anything with the intention of preventing, obstructing or hindering the removal or modification of fortifications in accordance with a fortification removal order.

Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.

(2)  Subsection (1) applies to the removal or modification of fortifications by a person who is, or is acting for or on the instructions of, an owner or occupier of the premises, or a person who is acting under section 210D.

210F   Liability for damage

(1)  No action lies against the Crown or any person for damage to property resulting from the enforcement of a fortification removal order.
(2)  However, an owner of premises may recover the reasonable costs associated with repair or replacement of property damaged as a result of creation of fortifications or enforcement of a fortification removal order as a debt from any person who caused the fortifications to be constructed or put in place.

210G   Extension of order

The Commissioner may extend or further extend the period for compliance with a fortification removal order if, before the end of the period allowed for compliance with the order, an application is made by the owner or occupier of the premises specified in the order for an extension.

210H   Withdrawal of order

(1)  If the Commissioner decides that a fortification removal order will not be enforced, the Commissioner is to lodge a notice (a withdrawal notice) with the court that made the fortification removal order that:
(a)  identifies the fortification removal order and the premises to which it relates, and
(b)  states that the Commissioner has decided the fortification removal order will not be enforced.
(2)  The fortification removal order ceases to have effect when the withdrawal notice is lodged with the court.
(3)  A copy of the withdrawal notice is to be served:
(a)  personally on the owner or occupier named in the fortification removal order, or
(b)  if personal service cannot be effected promptly, by causing a copy of the withdrawal notice to be affixed to or near the entrance of the premises.

210I   Application of planning controls

A consent or approval under the Environmental Planning and Assessment Act 1979 is not required to carry out any work required to be carried out to comply with or enforce a fortification removal order.

210J   Delegation

The Commissioner may delegate a function conferred on the Commissioner by this Part, other than this power of delegation, to a Deputy Commissioner of Police or an Assistant Commissioner of Police.
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