CRIMES ACT 1900 - SECT 252M Definitions—div 10.9

CRIMES ACT 1900 - SECT 252M

In this division:

"compliance period" means the period under section 252Q for compliance with a fortification removal order.

"fortification", of premises, means a structure, device or other thing, or a combination of structures, devices or other things, that form part of, or are attached to, the premises if the thing or combination of things—

        (a)     exceeds what is reasonably necessary to provide security for the ordinary lawful use of the premises; and

        (b)     either—

              (i)     prevents uninvited entry to the premises or part of the premises; or

              (ii)     would be considered by a reasonable person to be intended or designed to prevent uninvited entry to the premises or part of the premises.

Examples—devices

              •     closed-circuit television equipment

              •     electronic surveillance device

              •     motion sensor

              •     night-vision camera

"fortification inspection order"—see section 252U.

"fortification offence"—

        (a)     means an offence punishable by imprisonment for 5 years or longer; and

        (b)     includes an offence in another jurisdiction that would be punishable by imprisonment for 5 years or longer if committed in the ACT.

"fortification removal order"—see section 252N.

"occupier", of premises, includes—

        (a)     a person believed on reasonable grounds to be an occupier of the premises; and

        (b)     a person apparently in charge of the premises.