Removal of Fortifications Act 2017 (Tas)

Removal of Fortifications Act 2017

An Act to provide for the removal or modification of fortifications on premises that are connected to certain criminal offences and to consequentially amend the Police Offences Act 1935 [Royal Assent 5 September 2017]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Removal of Fortifications Act 2017 .

2. Commencement This Act commences on the day on which this Act receives the Royal Assent.

3. Definitions In this Act – Commissioner means Commissioner of Police; compliance period, for a fortification removal order, means the period that applies to that order under section 14 ; exercise a power includes perform a function; fortification – see section 4 ; fortification removal order means an order made under section 10(1) ; fortified premises means the premises specified in a fortification removal order in accordance with section 11(a) ; inspection order means an order made under section 26(1) ; occupier, in relation to premises, means a person who has, or is entitled to, possession or control of the premises; owner, in relation to premises, includes every person who jointly and severally, whether at law or in equity – (a) is entitled to the building or land for any estate of freehold in possession; or (b) has contracted to buy the building or land; or (c) is entitled to receive or is in receipt of the rents and profits of the building or land, whether as beneficial owner, trustee, mortgagee in possession or otherwise; premises includes – (a) land and a structure, building, caravan, vehicle and vessel, whether – (i) temporary or not; and (ii) under construction or not; and (iii) used for residential purposes or not; and (b) a place, whether enclosed or built on or not and whether on, within, over or under land or water; and (c) a part of premises, including premises referred to in paragraph (a) or (b) ; proceeds has the same meaning as in the Crime (Confiscation of Profits) Act 1993 ; specified offence means – (a) an indictable offence under the laws of Tasmania or the Commonwealth, including an indictable offence triable summarily; or (b) an offence under the Firearms Act 1996 ; or (c) an offence under the Misuse of Drugs Act 2001 ; or (d) an offence under the Sex Industry Offences Act 2005 ; or (e) a prescribed offence.