Commonwealth Consolidated Acts

DIPLOMATIC AND CONSULAR MISSIONS ACT 1978 - SECT 5

  (1)   Where, in a proceeding under section   4 for an injunction (including an interim injunction), the Court has found that conduct by way of displaying a sign or flag, or insignia, either within, on or outside premises, or by way of causing or permitting a sign or flag, or insignia, to be so displayed, constitutes conduct that is, in relation to a diplomatic or consular mission or a designated overseas mission, conduct to which subsection   4(1) applies, the Court may, upon application made by the Attorney - General, issue a warrant authorizing the Sheriff, or a Deputy Sheriff, of the Court, with such assistance as the Sheriff or Deputy Sheriff deems necessary, to remove the sign, flag or insignia from the premises, or to obliterate the sign, flag or insignia on the premises, as the case requires, and, at any time and from time to time while the warrant is in force, to remove or to obliterate, as the case requires, any similar or substantially similar sign, flag or insignia that may subsequently be displayed, within, on or outside the premises.

  (2)   An application for the issue of a warrant under subsection   ( 1) may be included in an application to the Court under section   4 for an injunction (including an interim injunction) or may be made to the Court as a separate application.

  (3)   A warrant issued by the Court under subsection   ( 1) may authorize entry, if necessary by force, onto or into the premises for the purpose of removing or obliterating the sign, flag, or insignia.

  (4)   Where a warrant under this section authorizes entry onto or into premises, the warrant shall state whether entry is authorized to be made at any time of the day or night or only during specified hours of the day or night.

  (5)   A warrant under this section shall specify the period for which it is to remain in force, being a period not exceeding 6 months, but may be revoked by the Court at any time before the expiration of the period so specified.

  (6)   Subsection   ( 5) shall not be construed as preventing the issue of a further warrant.

  (7)   Where a sign or flag, or insignia, is removed by the Sheriff or a Deputy Sheriff in pursuance of a warrant issued under this section, it shall be destroyed or otherwise disposed of in such manner as the Minister directs.