SUMMARY OFFENCES ACT 1953 - SECT 74BI
SUMMARY OFFENCES ACT 1953 - SECT 74BI
(1) If, in relation to
a fortification removal order—
(a) a
withdrawal notice is not lodged; and
(b)
—
(i)
a notice of objection is not lodged; or
(ii)
the fortification removal order is confirmed or varied by
the Court under section 74BF and an appeal in relation to the decision of
the Court is not commenced; or
(iii)
an appeal under section 74BG results in confirmation
or variation of the fortification removal order; and
(c) the
fortifications at the premises are not, within the period of time specified in
the fortification removal order or any further time allowed by the
Commissioner under subsection (2), removed or modified to the extent
necessary to satisfy the Commissioner that there has been compliance with the
order,
the Commissioner may cause the fortifications to be removed or modified to the
extent required by the order.
(2) The Commissioner
may extend the time allowed by the order if, before the time allowed elapses,
application is made to the Commissioner for it to be extended.
(3) For the purposes
of causing fortifications to be removed or modified, the Commissioner, or any
police officer authorised by the Commissioner for the purposes of this
section, may do one or more of the following:
(a)
enter the premises without warrant;
(b)
obtain expert or technical advice;
(c) make
use of any person or equipment he or she considers 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 State and, to the
extent that 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.