South Australian Consolidated Acts

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SUMMARY OFFENCES ACT 1953 - SECT 74BC

74BC—Content of fortification removal order

        (1)         A fortification removal order must include—

            (a)         a statement to the effect that specified fortifications at the premises must be removed or modified, as directed by the Court, within a period of time fixed by the order (which may not be less than 14 days after service of the order); and

            (b)         subject to subsection (2)—a statement of the grounds on which the order has been issued; and

            (c)         an explanation of the right of objection under section 74BE; and

            (d)         an explanation of the Commissioner's power to enforce the order under section 74BI.

        (2)         A statement of the grounds on which a fortification removal order has been issued must not contain information in respect of which an order has been made by the Court under section 74BB(5).

        (3)         A copy of the affidavit verifying the grounds on which the application was made must be attached to the fortification removal order unless disclosure of information included in the affidavit would be in breach of an order of the Court under section 74BB(5).

        (4)         If disclosure of information included in the affidavit would be in breach of an order of the Court under section section 74BB(5), an edited copy of the affidavit, from which the information that cannot be disclosed has been removed or erased, may be attached to the fortification removal order.



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