New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 210D

210D Enforcement of fortification removal order

(1) If the fortifications to which a fortification removal order applies are not removed or modified in accordance with a fortification removal order within the period required by the order or, if that period is extended or further extended by the Commissioner under this Part, within the extended period, the Commissioner may cause the fortifications to be removed or modified to the extent required by the order in accordance with this section.

(2) For that purpose, the Commissioner, or any police officer authorised by the Commissioner, may do any one or more of the following--

(a) enter the premises without a warrant,

(b) use such force as is reasonably necessary for the purpose of entering the premises,

(c) make use of such assistants as the Commissioner or police officer considers necessary to remove or modify the fortifications,

(d) seize anything required to be removed for the purpose of complying with the order,

(e) do anything else it is reasonably necessary to do to remove or modify the fortifications to the extent required by the order.

(3) The Commissioner may recover the costs incurred by the Commissioner under this section, as a debt in any court of competent jurisdiction, from any person who caused the fortifications to be constructed or put in place.

(4) Before premises are first entered under this section, the Commissioner must cause a notice to be prepared that--

(a) contains a summary of the fortification removal order, and

(b) specifies the intention of the Commissioner to enter, or to authorise entry, to the premises to cause the fortifications to be removed or modified in accordance with the order on or from a date specified in the order (
"the enforcement date" ).

(5) A copy of the notice must be served, not less than 7 days before the enforcement date--

(a) personally on the occupier of the premises, or

(b) if personal service cannot be effected promptly, by causing a copy of the notice to be affixed to or near the entrance to the premises.