Victorian Current Acts

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FORTIFICATION REMOVAL ACT 2013


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of fortification  
   5.      Descriptions of offences in the Schedule  

   PART 2--FORTIFICATION REMOVAL ORDERS

           Division 1--Applications for fortification removal orders

   6.      Chief Commissioner may apply for fortification removal order  
   7.      Form and content of application  
   8.      Serving application and affixing notice of application  
   9.      Owner or occupier may object to application  
   10.     Court may extend or abridge the time within which an objection may be made  

           Division 2--Determination of applications

   11.     Magistrates' Court may make fortification removal order  
   12.     Order may be made in absence of objector  
   13.     Form of fortification removal order  
   14.     When fortification removal order takes effect  
   15.     Duration of fortification removal order  
   16.     Compliance period  
   17.     Serving and affixing fortification removal order  

           Division 3--Extension of compliance period

   18.     Chief Commissioner may extend compliance period  
   19.     Owner or occupier may apply to Magistrates' Court for extension of compliance period  
   20.     Form and content of application  
   21.     Service of application on Chief Commissioner  
   22.     Magistrates' Court may extend compliance period  

           Division 4--Withdrawal of fortification removal order

   23.     Withdrawal of fortification removal order  
   24.     Affixing notice of withdrawal  

   PART 3--INSPECTIONS

           Division 1--Authority to inspect while fortification removal order is in effect

   25.     Inspecting fortified premises while fortification removal order is in effect  

           Division 2--Inspection orders for inspecting after fortification removal order ceases to have effect

   26.     Chief Commissioner may apply for inspection order after fortification removal order ceases to have effect  
   27.     Form and content of application  
   28.     Affixing notice of application  
   29.     Owner or occupier may object to application  
   30.     Court may extend or abridge the time within which an objection may be made  
   31.     Order may be made in absence of objector  
   32.     Magistrates' Court may make inspection order  
   33.     Form of inspection order  
   34.     Affixing inspection order  

           Division 3--Conduct of inspections

   35.     Power to inspect and enter fortified premises  

   PART 4--ENFORCEMENT OF FORTIFICATION REMOVAL ORDERS

   36.     Enforcement notice  
   37.     Enforcement powers  
   38.     Power to direct obstructive person to leave fortified premises  
   39.     Power to use reasonable force to remove person from fortified premises  
   40.     Chief Commissioner may recover cost of removing or modifying fortifications  
   41.     Removed material forfeited to the Crown  
   42.     Exemption from certain laws  

   PART 5--OFFENCES

   43.     Obstructing inspection of fortified premises  
   44.     Obstructing enforcement of fortification removal order  
   45.     Failure to comply with direction to leave fortified premises  
   46.     Obstructing removal of person from premises  
   47.     Interfering with affixed documents  
   48.     Constructing or installing fortification on certain premises  
   49.     Constructing or installing fortification on certain premises if fortification removal order previously made  

   PART 6--GENERAL

   50.     Service  
   51.     Delegation  
   52.     Immunity  
   53.     Regulations  
           SCHEDULE
           ENDNOTES


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