After section 20AA of the Principal Act , the following Divisions are inserted in Part II:

Division III - Fortifications

20A.     Interpretation

(1)  In this Part –

fortification means any structure or device that, whether alone or as part of a system, is designed to prevent or impede, or to provide any other form of countermeasure against, uninvited entry to premises;

fortification warning notice means a fortification warning notice issued under section 20B ;

heavily fortified has the meaning given by subsection (2) ;

owner , in relation to premises, includes a person who the Commissioner reasonably believes leases or otherwise occupies the premises;

submission means a submission made by an owner to the Commissioner that a fortification removal notice should not be issued;

submission period has the meaning given by section 20C(2)(b) .

(2)  Premises are heavily fortified if there are, at the premises, fortifications to an extent or of a nature that it would be reasonable to regard as excessive for premises of that kind.

20B.     Fortification warning notice, issue of

(1)  The Commissioner may, without giving notice to any other person, apply to a magistrate for the issue of a fortification warning notice.

(2)  A magistrate, to whom an application under subsection (1) is made, may issue a fortification warning notice if satisfied on the balance of probabilities that there are reasonable grounds for suspecting that the premises to which the application relates are heavily fortified.

(3)  The magistrate may be satisfied by a statement made by a police officer and verified by statutory declaration.

20C.     Fortification warning notice, contents of

(1)  A fortification warning notice is addressed to the owner of the premises to which it relates, or each owner if there are 2 or more, by name.

(2)  The notice must contain –

(a) a brief summary of section 20B(2) , including an explanation of the terms "fortification" and "heavily fortified" , and a statement that the magistrate is satisfied as to the matters mentioned in that provision; and

(b) a warning that, unless, within the period of 14 days after the day on which the notice is given as described in section 20D(1) (the " submission period " ), the Commissioner is satisfied that the premises are not heavily fortified, a fortification removal notice may be issued under section 20F ; and

(c) an explanation of how a person who is an owner can make a submission to the Commissioner that a fortification removal notice should not be issued; and

(d) details of the effect of a fortification removal notice.

20D.     Giving fortification warning notice

(1)  A fortification warning notice is to be given –

(a) by giving it to the owner of the premises to which it relates; or

(b) if it appears that any reasonable attempt to give it as described in paragraph (a) is unlikely to be successful, by affixing it to the front entrance or another part of the premises where it can be easily seen.

(2)  If the notice is not given as described in subsection (1) within 14 days after the magistrate issues it, the notice lapses and is not to be given at all.

20E.     Withdrawal notice

(1)  If, before the end of the submission period for a fortification warning notice given under section 20D(1) , the Commissioner decides not to issue a fortification removal notice under section 20F , the Commissioner is to give a withdrawal notice to the owner of the premises to which the fortification warning notice relates.

(2)  The withdrawal notice must identify the premises, refer to the fortification warning notice, and state that the Commissioner has decided not to issue a fortification removal notice.

(3)  The withdrawal notice may be given in any way in which section 20D permits a fortification warning notice to be given.

20F.     Fortification removal notice, issue of

(1)  If a fortification warning notice has been given as described in section 20D(1) and the submission period has elapsed, the Commissioner may issue a fortification removal notice relating to the premises concerned.

(2)  The Commissioner is not to issue the fortification removal notice unless, after considering each submission, if any, made before the submission period elapsed, the Commissioner reasonably believes that the premises are heavily fortified.

(3)  A fortification removal notice is not to be issued if –

(a) a period of more than 28 days has elapsed since the end of the submission period; or

(b) the Commissioner has given the owner of the premises concerned a withdrawal notice referring to the fortification warning notice.

20G.     Fortification removal notice, contents of

(1)  A fortification removal notice referred to in section 20F must contain –

(a) a statement to the effect that, within 7 days after the day on which the notice is given to the owner of the premises or any further period allowed by the Commissioner, the fortifications at the premises must be removed or modified to the extent necessary to satisfy the Commissioner that the premises are no longer heavily fortified; and

(b) a warning as to the effect of section 20I ; and

(c) an explanation of the right of the owner to apply to the magistrate who issued the fortification warning notice for a review under section 20J .

(2)  The notice may, but need not, include details as to what would need to be done before the Commissioner would be satisfied that the premises are no longer heavily fortified.

20H.     Giving fortification removal notice

(1)  A fortification removal notice issued under section 20F is to be given to the owner of the premises concerned.

(2)  The notice may be given in any way in which section 20D permits a fortification warning notice to be given.

20I.     Fortification removal notice, enforcement of

(1)  If, after a fortification removal notice is given under section 20H , the fortifications at the premises concerned are not, within the period specified in the fortification removal notice or any further period allowed by the Commissioner, removed or modified to the extent necessary to satisfy the Commissioner that the premises are no longer heavily fortified, the Commissioner may cause the fortifications to be removed or modified to the extent required by the fortification removal notice.

(2)  The Commissioner may extend the period allowed by the notice if, before that period elapses, application is made to the Commissioner for it to be extended.

(3)  The Commissioner under subsection (1) may authorise police officers together with such other persons as the police officers require, without warrant or further notice, to enter the premises and secure them in order to do anything for the purposes of that subsection, and to use any force and employ any equipment 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 by public auction or public tender 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 due from the owner of the premises.

20J.     Review of fortification removal notice

(1)  If a fortification removal notice relating to premises has been issued under section 20F , the owner of the premises may, within 7 days after the day on which the notice is given to the owner, apply to the magistrate who issued the fortification warning notice for a review of whether, having regard to the submissions, if any, made before the submission period elapsed and any other information that the Commissioner took into consideration, the Commissioner could have reasonably held the belief required by section 20F(2) when issuing the notice.

(2)  The Commissioner may identify as confidential any information provided to the magistrate for the purposes of the review if its disclosure might be prejudicial to law enforcement, and information so identified is for the magistrate's use only and must not be disclosed to any other person, whether or not a party to the proceedings, or publicly disclosed in any way.

(3)  An application for review under this section cannot be made if an application has previously been made by any person for the review of the same matter.

(4)  When the application for review is made, the period within which fortifications can be removed or modified in accordance with the fortification removal notice is extended to the seventh day after the day on which the application for review is finally disposed of by the magistrate.

(5)  The magistrate may decide whether or not the Commissioner could have reasonably held the belief required by section 20F(2) when issuing the notice.

(6)  If the magistrate decides that the Commissioner could not have reasonably held the belief required by section 20F(2) when issuing the notice, the notice ceases to have effect.

20K.     Hindering removal or modification of fortifications

(1)  A person who does anything intending to prevent, obstruct or delay the removal or modification of fortifications in accordance with a fortification removal notice issued under section 20F is guilty of an offence.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2)  Subsection (1) applies to the removal or modification of fortifications by a person who –

(a) is, or is acting for or on the instructions of, the owner; or

(b) is acting under section 20I .

20L.   Planning and other approval issues

(1)  The powers given by this Division may be exercised without regard to whether any statutory or other approval has been given for the fortifications.

(2)  No statutory or other approval is required for the removal or modification of fortifications in accordance with a fortification removal notice issued under section 20F .

(3)  Subsection (2) applies to the removal or modification of fortifications by a person who is acting under section 20I .

20M.   No compensation for removal or modification of fortifications

(1)  No claim for compensation lies against a person for having approved any fortifications that are, or are required to be, removed or modified because of a notice under this Division.

(2)  No other claim for compensation arises because of the exercise of powers under this Division.

(3)  Subsection (2) does not extend to prevent claims in tort in relation to premises other than those in respect of which the fortification removal notice is given under section 20H .

20N.   Protection from liability for wrongdoing

(1)  An action in tort does not lie against a person for damage to property at the premises that the person causes, in good faith, in the performance or purported performance of a function under this Division.

(2)  The Crown is also relieved of any liability that it might otherwise have had for a person having caused damage as described in subsection (1) .

(3)  The protection given by this section applies even though the damage was caused in the course of doing something that would have been capable of being done whether or not this Division had been enacted.

Division IIIA - Prohibited behaviour

21.     Prohibited behaviour

A person must not, wilfully and without reasonable excuse, do any act or behave in a manner that a reasonable person is likely to find indecent or offensive in all the circumstances, if that person knew or should have known that his or her conduct was being, or may have been, viewed by another person.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

21A.     Unlawfully administering drug, &c.

Any person who, without lawful and reasonable excuse, administers or causes another person to take a drug, liquor or other thing which is likely to impair the consciousness or bodily function of the other person without the other person's consent is guilty of an offence.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.