FORTIFICATION REMOVAL ACT 2013 (NO. 48 OF 2013) - SECT 37 Enforcement powers
FORTIFICATION REMOVAL ACT 2013 (NO. 48 OF 2013) - SECT 37
Enforcement powers(1) On a day specified in the notice under section 36(3)(a), a member of Victoria Police may do any of the following—
(a) enter the fortified premises without a warrant;
(b) bring onto the premises any person, equipment or materials that are reasonably required to remove or modify the fortifications that the order requires to be removed or modified;
(c) do anything reasonably necessary, with or without the assistance of a person who is brought onto the premises under paragraph (b), to—
(i) remove the fortifications that the order requires to be removed; and
(ii) modify, in the manner specified in the order, the fortifications that the order requires to be modified;
(d) leave and return to the premises.
(2) Before any member of Victoria Police enters the fortified premises, a member of Victoria Police must—
(a) announce that members of Victoria Police are authorised to enter the premises and enforce the fortification removal order; and
(b) state the basis of that authority; and
(c) state that it is an offence to obstruct or hinder the enforcement of the fortification removal order; and
Note
See section 44.
(d) give anyone at the premises an opportunity to permit entry to the premises.
(3) A member of Victoria Police may use reasonable force—
(a) to gain entry if permission to enter the premises is not given; and
(b) to exercise any other power under subsection (1).
(4) A person who is brought onto the fortified premises by a member of Victoria Police under subsection (1)(b) may also bring onto the premises any equipment or materials that are reasonably required to remove or modify the fortifications that the order requires to be removed or modified.
(5) A member of Victoria Police must not exercise a power under this section unless the fortification removal order is in effect.