Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 252O

    (1)     On application under section 252N (1), the Magistrates Court may make a fortification removal order in relation to premises if satisfied that—

        (a)     the premises are fortified; and

        (b)     there are reasonable grounds to believe the premises are, have been or will be used in relation to a fortification offence; and

        (c)     it is necessary for the chief police officer to have uninvited access to the premises in relation to the offence.

    (2)     On application under section 252N (2), the Magistrates Court may vary a fortification removal order if satisfied that the variation sought is necessary or otherwise appropriate.

    (3)     A fortification removal order, including an order as varied, must—

        (a)     identify the premises; and

        (b)     describe the fortification; and

        (c)     set out whether the fortification is to be removed by 1 or both of the following:

              (i)     removing a structure or device that forms all or part of the fortification;

              (ii)     modifying a structure or device that forms all or part of the fortification; and

        (d)     state the compliance period for removal of the fortification; and

        (e)     state that the fortification must not be replaced or restored; and

        (f)     set out the powers of the police to—

              (i)     inspect a fortification under section 252R; and

              (ii)     remove a fortification under section 252S.