SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 67 Enforcement

SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 67

    (1)     The Commissioner may remove or modify fortifications specified in a fortification removal order to the extent required by the order if:

    (a)     any of the following apply:

        (i)     a notice of objection is not lodged by the end of the period allowed under section  63 (3)(b);

        (ii)     the fortification removal order is confirmed or varied by the Court of Summary Jurisdiction under section  64 and an appeal in relation to the determination of the court is not started within the time prescribed under the Supreme Court Act as mentioned in section  65 (3);

        (iii)     an appeal under section  65 results in confirmation or variation of the fortification removal order; and

    (b)     the Commissioner is not satisfied the fortifications have, within the period of time specified in the order or any further time allowed by the Commissioner under subsection (2), been removed or modified to the extent required by the order.

    (2)     The Commissioner may extend the time allowed by the fortification removal order if, before the time elapses, an application is made to the Commissioner for an extension of the time.

    (3)     For causing fortifications to be removed or modified to the extent required by a fortification removal order, the Commissioner, or any police officer authorised by the Commissioner for this section, may do any of the following:

    (a)     enter the premises identified in the order without warrant;

    (b)     obtain expert or technical advice;

    (c)     make use of any person or equipment considered necessary.

    (4)     The Commissioner may seize anything that can be salvaged in the course of removing or modifying fortifications under this section, and may sell or dispose of it as the Commissioner considers appropriate.

    (5)     The proceeds of any sale under subsection (4) are forfeited to the Territory and, to the extent they are insufficient to meet the costs incurred by the Commissioner under this section, the Commissioner may recover those costs as a debt from any person who caused the fortifications to be created.