South Australian Consolidated Acts

SUMMARY OFFENCES ACT 1953 - SECT 74BB

74BB—Fortification removal order

        (1)         If, on the application of the Commissioner, the Court is satisfied that—

            (a)         premises named in the application are fortified; and

            (b)         —

                  (i)         the fortifications have been created in contravention of the Development Act 1993 ; or

                  (ii)         there are reasonable grounds to believe the premises are being, have been, or are likely to be, used—

                        (A)         for or in connection with the commission of a serious criminal offence; or

                        (B)         to conceal evidence of a serious criminal offence; or

                        (C)         to keep the proceeds of a serious criminal offence; or

                  (iii)         the premises—

                        (A)         are owned by a declared organisation or a member of a declared organisation; or

                        (B)         are occupied or habitually used as a place of resort by members of a declared organisation,

the Court may issue a "fortification removal order" in respect of the premises.

        (2)         A fortification removal order is directed to the occupier of the premises or, if there is more than one occupier, any one or more of the occupiers of the premises, and requires the named occupier or occupiers to remove or modify the fortifications, as specified in the order.

        (3)         A fortification removal order may be issued on an application made without notice to any person.

        (4)         The grounds of an application for a fortification removal order must be verified by affidavit.

        (5)         The Commissioner may identify any information provided to the Court for the purposes of the application as confidential if its disclosure might—

            (a)         prejudice the investigation of a contravention or possible contravention of the law; or

            (b)         enable the existence or identity of a confidential source of information to be ascertained; or

            (c)         endanger a person's life or physical safety,

and if the Court is satisfied (having regard to the principle of public interest immunity) that the information should be protected from disclosure, the Court must order that the information is not to be disclosed to any other person, whether or not a party to the proceedings.

        (6)         A person must not disclose information in respect of which an order has been made by the Court under subsection (5) unless—

            (a)         the disclosure is made by or with the consent of the Commissioner; or

            (b)         the disclosure is authorised or required by a court.

Maximum penalty: $60 000 or imprisonment for 3 years.

        (7)         A court must not authorise or require disclosure of information under subsection (6) without first having regard to the principle of public interest immunity.

        (8)         Proceedings in relation to an application under this section may, if the Court directs, be heard in a room closed to the public.