New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
Insert after section 70 (1):
(1A) A police officer authorised to enter premises pursuant to a warrant may, if it is reasonably necessary to do so for the purpose of entering those premises, do any of the following:(a) disable any alarm, camera or surveillance device at the premises,(b) pacify any guard dog at the premises.
Insert after section 70 (2):
(3) A police officer authorised to search premises pursuant to a warrant may do anything that it is reasonably necessary to do for the purpose of preventing the loss or destruction of, or damage to, any thing connected with an offence that the police officer believes on reasonable grounds to be at those premises, including by blocking any drains at or used in connection with the premises.
Insert after section 87M:
87MA Power to disperse groups(1) If a group of persons are assembled within an area that is the target of an authorisation, a police officer may give a direction to those persons, or to any of them, to disperse immediately.(2) The police officer giving the direction must:(a) inform the person or persons to whom the direction is given that an authorisation has been given under this Act to prevent or control a public disorder, and(b) warn the person or persons to whom the direction is given that a refusal or failure to comply with the direction may be an offence.(3) If a police officer has complied with this section and section 201 in giving a direction to a person and the person fails to comply with the direction, the police officer may again give the direction and, in that case, must again warn the person that a failure or refusal to comply with the direction may be an offence.(4) A person must not, without reasonable excuse, refuse or fail to comply with a direction given in accordance with this section.Maximum penalty: 50 penalty units.(5) A direction under this section is to be given orally and, if given to a group of persons, is to be given in such a manner as is likely to be audible to all persons in that group, or to as many of them as practicable.(6) If a direction under this section is given to a group of persons, it is not necessary for the police officer to repeat the direction, or to repeat the information and warning referred to in subsection (2), to each person in the group.(7) However, just because the police officer is not required to repeat any such direction, information or warning does not in itself give rise to any presumption that each person in the group has received the direction, information or warning.
Insert "(except section 87MA)" after "Division" where firstly occurring in section 87N (2).
Insert after Part 16:
210A Definitions In this Part:
"fortification" means any security measure that involves a structure or device forming part of, or attached to, premises that:(a) is intended or designed to prevent or impede police access to the premises, or(b) has, or could have, the effect of preventing or impeding police access to the premises and is excessive for the particular type of premises."fortification removal order" has the meaning given by section 210B.
210B Fortification removal order(1) A Local Court may, on application by the Commissioner, make an order (a "fortification removal order") directing a person named in the order (being an owner or occupier of the premises) to remove or modify any fortifications at the premises, as specified in the order, within a period specified in the order.(2) A Local Court is to make a fortification removal order only if satisfied that there are fortifications at the premises concerned and that:(a) the fortifications have been constructed or put in place in contravention of the Environmental Planning and Assessment Act 1979 , or(b) there are reasonable grounds to believe that the premises are being used, have been used or are likely to be used:(i) for or in connection with the commission of a serious indictable offence, or(ii) to conceal evidence of a serious indictable offence, or(iii) to keep the proceeds of a serious indictable offence.(3) A fortification removal order must state the general grounds on which the order is made.(4) If the owner or occupier required by a fortification removal order to remove or modify fortifications did not appear, or was not represented, before the Local Court on the making of the order, the Commissioner is to cause a copy of the order to be served:(a) personally on the owner or occupier named in the order, or(b) if personal service cannot be effected promptly, by causing a copy of the order to be affixed to or near the entrance of the premises.(5) Part 6 of the Local Courts Act 1982 applies, subject to any modifications provided for by this Part or by the regulations, to proceedings for a fortification removal order under this Part.Note: Section 64 of the Local Courts Act 1982 provides for appeals in relation to matters dealt with under Part 6 of that Act.
210C Application for fortification removal order(1) An application for a fortification removal order is to be made by the Commissioner by issuing and filing an application notice in accordance with Part 6 of the Local Courts Act 1982 .(2) Despite section 42 of that Act, the application notice must be served:(a) personally on the respondent, or(b) if personal service cannot be effected promptly, by causing a copy of the application notice to be affixed to or near the entrance of the premises.(3) Section 44 of the Local Courts Act 1982 does not apply to proceedings for a fortification removal order.
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.
210E Hindering removal or modification of fortifications(1) A person must not do anything with the intention of preventing, obstructing or hindering the removal or modification of fortifications in accordance with a fortification removal order.Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.(2) Subsection (1) applies to the removal or modification of fortifications by a person who is, or is acting for or on the instructions of, an owner or occupier of the premises, or a person who is acting under section 210D.
210F Liability for damage(1) No action lies against the Crown or any person for damage to property resulting from the enforcement of a fortification removal order.(2) However, an owner of premises may recover the reasonable costs associated with repair or replacement of property damaged as a result of creation of fortifications or enforcement of a fortification removal order as a debt from any person who caused the fortifications to be constructed or put in place.
210G Extension of order The Commissioner may extend or further extend the period for compliance with a fortification removal order if, before the end of the period allowed for compliance with the order, an application is made by the owner or occupier of the premises specified in the order for an extension.
210H Withdrawal of order(1) If the Commissioner decides that a fortification removal order will not be enforced, the Commissioner is to lodge a notice (a "withdrawal notice") with the court that made the fortification removal order that:(a) identifies the fortification removal order and the premises to which it relates, and(b) states that the Commissioner has decided the fortification removal order will not be enforced.(2) The fortification removal order ceases to have effect when the withdrawal notice is lodged with the court.(3) A copy of the withdrawal notice is to be served:(a) personally on the owner or occupier named in the fortification removal order, or(b) if personal service cannot be effected promptly, by causing a copy of the withdrawal notice to be affixed to or near the entrance of the premises.
210I Application of planning controls A consent or approval under the Environmental Planning and Assessment Act 1979 is not required to carry out any work required to be carried out to comply with or enforce a fortification removal order.
210J Delegation The Commissioner may delegate a function conferred on the Commissioner by this Part, other than this power of delegation, to a Deputy Commissioner of Police or an Assistant Commissioner of Police.
Insert at the end of clause 1 (1):
Crimes Legislation Amendment (Gangs) Act 2006