Tasmanian Numbered Acts

REMOVAL OF FORTIFICATIONS ACT 2017 (NO. 31 OF 2017)

- Act 31 of 2017
- Royal Assent 5 September 2017

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Definitions
   4.      Meaning of fortification

   PART 2 - Fortifications Generally

   5.      Constructing or installing fortification on certain premises
   6.      Constructing or installing fortification on certain premises if fortification removal order previously made

   PART 3 - Fortification Removal Orders

           Division 1 - Applications for fortification removal orders

   7.      Commissioner may apply for fortification removal order
   8.      Serving application and affixing notice of application
   9.      Owner or occupier may object to application

           Division 2 - Determination of applications

   10.     Court may make fortification removal order
   11.     Form of fortification removal order
   12.     When fortification removal order takes effect
   13.     Duration of fortification removal order
   14.     Compliance period
   15.     Serving and affixing fortification removal order

           Division 3 - Extension of compliance period

   16.     Commissioner may extend compliance period
   17.     Owner or occupier may apply to court for extension of compliance period
   18.     Service of application on Commissioner
   19.     Court may extend compliance period

           Division 4 - Withdrawal of fortification removal order

   20.     Withdrawal of fortification removal order
   21.     Serving and affixing notice of withdrawal

   PART 4 - Inspections

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

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

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

   23.     Commissioner may apply for inspection order after fortification removal order ceases to have effect
   24.     Serving application and affixing notice of application
   25.     Owner or occupier may object to application
   26.     Court may make inspection order
   27.     Form of inspection order
   28.     Serving and affixing inspection order

           Division 3 - Conduct of inspections

   29.     Power to inspect and enter premises

   PART 5 - Enforcement of Fortification Removal Orders

   30.     Enforcement notice
   31.     Enforcement powers
   32.     Power to direct obstructive person to leave fortified premises
   33.     Power to use reasonable force to remove person from fortified premises
   34.     Commissioner may recover cost of removing or modifying fortifications
   35.     Removed material forfeited to Crown
   36.     Exemption from certain laws

   PART 6 - Offences

   37.     Obstructing a police officer
   38.     Obstructing enforcement of fortification removal order
   39.     Failure to comply with direction to leave fortified premises
   40.     Interfering with affixed documents

   PART 7 - Police Powers

   41.     Power to require information
   42.     Power to detain persons
   43.     Power to arrest without warrant

   PART 8 - Miscellaneous

   44.     Proceedings under this Act
   45.     Appeals
   46.     Delegation
   47.     Immunity
   48.     Regulations
   49.     Administration of Act
   50.     Consequential amendments
           SCHEDULE 1