{"id":"fortification-removal-act-2013","name":"Fortification Removal Act 2013","slug":"fortification-removal-act-2013","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174882,"registerId":"vic-fortification-removal-act-2013-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fortification Removal Act 2013","content":"Version No. 005\n\n**Fortification Removal Act 2013**\n\n**No. 48 of 2013**\n\nVersion incorporating amendments as at  \n1 December 2023\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n4 Meaning of *fortification* 3\n\n5 Descriptions of offences in the Schedule 4\n\nPart 2—Fortification removal orders 5\n\nDivision 1—Applications for fortification removal orders 5\n\n6 Chief Commissioner may apply for fortification removal order 5\n\n7 Form and content of application 5\n\n8 Serving application and affixing notice of application 6\n\n9 Owner or occupier may object to application 7\n\n10 Court may extend or abridge the time within which an objection may be made 7\n\nDivision 2—Determination of applications 8\n\n11 Magistrates' Court may make fortification removal order 8\n\n12 Order may be made in absence of objector 8\n\n13 Form of fortification removal order 9\n\n14 When fortification removal order takes effect 10\n\n15 Duration of fortification removal order 10\n\n16 Compliance period 11\n\n17 Serving and affixing fortification removal order 11\n\nDivision 3—Extension of compliance period 12\n\n18 Chief Commissioner may extend compliance period 12\n\n19 Owner or occupier may apply to Magistrates' Court for extension of compliance period 13\n\n20 Form and content of application 13\n\n21 Service of application on Chief Commissioner 13\n\n22 Magistrates' Court may extend compliance period 14\n\nDivision 4—Withdrawal of fortification removal order 14\n\n23 Withdrawal of fortification removal order 14\n\n24 Affixing notice of withdrawal 14\n\nPart 3—Inspections 16\n\nDivision 1—Authority to inspect while fortification removal order is in effect 16\n\n25 Inspecting fortified premises while fortification removal order is in effect 16\n\nDivision 2—Inspection orders for inspecting after fortification removal order ceases to have effect 16\n\n26 Chief Commissioner may apply for inspection order after fortification removal order ceases to have effect 16\n\n27 Form and content of application 17\n\n28 Affixing notice of application 17\n\n29 Owner or occupier may object to application 18\n\n30 Court may extend or abridge the time within which an objection may be made 18\n\n31 Order may be made in absence of objector 19\n\n32 Magistrates' Court may make inspection order 19\n\n33 Form of inspection order 19\n\n34 Affixing inspection order 20\n\nDivision 3—Conduct of inspections 20\n\n35 Power to inspect and enter fortified premises 20\n\nPart 4—Enforcement of fortification removal orders 22\n\n36 Enforcement notice 22\n\n37 Enforcement powers 22\n\n38 Power to direct obstructive person to leave fortified premises 24\n\n39 Power to use reasonable force to remove person from fortified premises 25\n\n40 Chief Commissioner may recover cost of removing or modifying fortifications 25\n\n41 Removed material forfeited to the Crown 25\n\n42 Exemption from certain laws 26\n\nPart 5—Offences 27\n\n43 Obstructing inspection of fortified premises 27\n\n44 Obstructing enforcement of fortification removal order 27\n\n45 Failure to comply with direction to leave fortified premises 27\n\n46 Obstructing removal of person from premises 27\n\n47 Interfering with affixed documents 28\n\n48 Constructing or installing fortification on certain premises 29\n\n49 Constructing or installing fortification on certain premises if fortification removal order previously made 30\n\nPart 6—General 31\n\n50 Service 31\n\n51 Delegation 32\n\n52 Immunity 33\n\n53 Regulations 33\n\nSchedule 35\n\n═══════════════\n\nEndnotes 46\n\n1 General information 46\n\n2 Table of Amendments 48\n\n3 Explanatory details 49\n\n**Version No.** **005**\n\n**Fortification Removal Act 2013**\n\n**No. 48 of 2013**\n\nVersion incorporating amendments as at  \n1 December 2023\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purpose\n\nThe purpose of this Act is to provide for the Magistrates' Court, on application by the Chief Commissioner of Police, to require the removal or modification of fortifications on premises that are connected to certain criminal offences.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 November 2013, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\nS. 3 def. of *Chief Commis-sioner* amended by No. 37/2014 s. 10(Sch. item 68.1(b)).\n\n***Chief Commissioner*** means the Chief Commissioner of Police appointed under section 17 of the **Victoria Police Act 2013**;\n\n***compliance period***, for a fortification removal order, means the period that applies to that order under section 16;\n\n***fortification*** has the meaning given by section 4;\n\n***fortification removal order*** means an order made under section 11(1);\n\n***fortified premises*** means the premises specified in a fortification removal order in accordance with section 13(b);\n\n***inspection order*** means an order made under section 32(1);\n\nS. 3 def. of *member of Victoria Police* repealed by No. 37/2014 s. 10(Sch. item 68.1(c)).\n\n* * * * *\n\n***occupier***, in relation to premises, means a person who has, or is entitled to, possession or control of the premises;\n\n***owner*** means—\n\n(a) in relation to land which has been alienated in fee by the Crown and is under the operation of the **Transfer of Land Act 1958** (other than land in an identified folio under that Act), a person who is registered as proprietor of an estate in fee simple in the land;\n\n(b) in relation to land which has been alienated in fee by the Crown and is land in an identified folio under the **Transfer of Land Act 1958**, means a person who is an owner of the fee or equity of redemption;\n\nS. 3 def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 68.1(a)).  \n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\n***proceeds*** has the same meaning as in the **Confiscation Act 1997**;\n\nS. 3 def. of *specified offence* amended by Nos 37/2014 s. 10(Sch. item 68.1(d)), 55/2014 s. 103.\n\n***specified offence*** means—\n\n(a) an indictable offence that is punishable by at least 5 years imprisonment; or\n\n(b) an offence against a provision specified in an item of the Schedule, being a provision of the Act specified in the heading to that item; or\n\n**Note**\n\nSee also section 5.\n\n(c) an offence against section 321, 321G or 321M of the **Crimes Act 1958** in relation to an offence referred to in paragraph (a) or (b).\n\nS. 3 def. of *Victoria Police* repealed by No. 37/2014 s. 10(Sch. item 68.1(e)).\n\n* * * * *\n\n\t4 Meaning of *fortification*\n\n(1) For the purposes of this Act, a ***fortification*** is a structure, device, or combination of structures and devices that—\n\n(a) forms part of or is attached to premises; and\n\n(b) either—\n\n(i) has, or could have, the effect of preventing uninvited entry to the premises or part of the premises; or\n\n(ii) would be considered by a reasonable person to be intended or designed to prevent uninvited entry to the premises or to part of the premises; and\n\n(c) is beyond what is reasonably necessary to provide security for the ordinary lawful use of that kind of premises.\n\n(2) For the purposes of this Act, ***fortification*** includes an electronic surveillance device (such as closed-circuit television equipment, a night-vision camera or motion sensor).\n\n\t5 Descriptions of offences in the Schedule\n\nIn the Schedule, a description following a reference to a provision of an Act—\n\n(a) is provided for convenience of reference only; and\n\n(b) does not affect—\n\n(i) the operation of the provision or this Act; or\n\n(ii) the nature or elements of an offence against the provision; and\n\n(c) must be disregarded if it is inconsistent with the provision.\n\nPart 2—Fortification removal orders\n\nDivision 1—Applications for fortification removal orders\n\n\t6 Chief Commissioner may apply for fortification removal order\n\nThe Chief Commissioner may apply to the Magistrates' Court for an order that a fortification must be removed or modified.\n\n\t7 Form and content of application\n\n(1) An application under section 6 must—\n\n(a) be in writing; and\n\n(b) state the grounds on which the fortification removal order is sought; and\n\n**Note**\n\nSee section 11 for the grounds for making a fortification removal order.\n\n(c) specify the premises from or at which a fortification is sought to be removed or modified; and\n\n(d) identify the fortification that is sought to be removed or modified; and\n\n(e) if the fortification is sought to be modified—specify details of the modifications sought; and\n\n(f) state that an owner or occupier of the premises in respect of which the application is made may object to the application.\n\n(2) An application must be accompanied by at least one affidavit that addresses the facts, matters and circumstances on which the application relies.\n\n\t8 Serving application and affixing notice of application\n\n(1) As soon as practicable after an application under section 6 is made, the Chief Commissioner must—\n\n(a) make all reasonable efforts to serve a copy of the application on the owner, or if there is more than one owner, only one owner, of the premises in respect of which the application is made (a ***relevant owner***); and\n\n**Note**\n\nFor service, see section 50.\n\n(b) cause a notice of application to be affixed—\n\n(i) to the entrance of the premises in respect of which the application is made; or\n\n(ii) in a conspicuous place near that entrance.\n\n(2) The fact that the Chief Commissioner does not serve a relevant owner under subsection (1)(a) after making all reasonable efforts to serve that owner does not affect the validity of the application.\n\n(3) To avoid doubt, if there is more than one owner of the premises in respect of which the application is made, the Chief Commissioner is only required under subsection (1)(a) to make reasonable efforts to serve one of those owners.\n\n(4) In this section—\n\n***notice of application*** means a notice that—\n\n(a) includes the information required by section 7(1)(c), (d), (e) and (f); and\n\n(b) states that it is an offence to obscure, damage or destroy the notice before the day after the application is finally determined.\n\n\t9 Owner or occupier may object to application\n\n(1) A person may object to an application under section 6 if the person is an owner or occupier of the premises in respect of which the application is made.\n\n(2) An objection must—\n\n(a) be accompanied by at least one affidavit addressing the facts, matters and circumstances on which the objection relies; and\n\n(b) be filed with the Magistrates' Court at least 7 days before the day on which the application is listed to be heard; and\n\n(c) be served on the Chief Commissioner at least 5 days before the day on which the application is listed to be heard.\n\n**Note**\n\nFor service, see section 50.\n\n\t10 Court may extend or abridge the time within which an objection may be made\n\n(1) The Magistrates' Court, by order, may extend or abridge the time within which an objection may be made under section 9.\n\n(2) The Magistrates' Court may extend time under subsection (1) before or after the time expires.\n\n(3) More than one extension of time may be granted under subsection (1).\n\nDivision 2—Determination of applications\n\n\t11 Magistrates' Court may make fortification removal order\n\n(1) The Magistrates' Court, on an application under section 6, may order the removal or modification of a fortification in place at the premises in respect of which the application is made.\n\n(2) The Magistrates' Court may make an order under subsection (1) if the Court is satisfied that—\n\n(a) there is a fortification in place at the premises in respect of which the application is made; and\n\n(b) there are reasonable grounds to believe the premises are being used, or have been used or are likely to be used—\n\n(i) for or in connection with the commission of a specified offence; or\n\n(ii) to conceal evidence of a specified offence; or\n\n(iii) to keep the proceeds of a specified offence.\n\n(3) For the purposes of subsection (2), the Magistrates' Court may be satisfied of the matters specified in paragraph (b) of that subsection without having to determine whether any particular specified offence has been committed.\n\n\t12 Order may be made in absence of objector\n\nThe Magistrates' Court may hear and determine an application under section 6 even if a person who objects under section 9 does not appear at the hearing of the application.\n\n\t13 Form of fortification removal order\n\nA fortification removal order must specify—\n\n(a) that the Magistrates' Court is satisfied of the matters referred to in section 11(2); and\n\n(b) the premises from or at which the fortification is to be removed or modified; and\n\n(c) the fortification that is to be removed or modified; and\n\n(d) if the fortification is to be modified—the manner in which the fortification is to be modified; and\n\n(e) that a fortification that must be removed must not be replaced or restored; and\n\n(f) that a fortification that must be modified must not have that modification removed or undone; and\n\nS. 13(g) amended by No. 37/2014 s. 10(Sch. item 68.2).\n\n(g) that a police officer may enter and inspect the fortified premises in accordance with Part 3—\n\n(i) while the order is in effect; or\n\n(ii) under an inspection order after the order has ceased to have effect; and\n\nS. 13(h) amended by No. 37/2014 s. 10(Sch. item 68.2).\n\n(h) that if the fortification is not removed or modified as required under the order during the compliance period, a police officer may remove or modify that fortification in accordance with Part 4; and\n\n(i) that an owner or occupier of the fortified premises may—\n\n(i) request that the Chief Commissioner extend the compliance period in accordance with section 18; or\n\n(ii) apply to the Magistrates' Court for an order extending the compliance period in accordance with section 19; and\n\n(j) that until the fortification removal order ceases to have effect, it is an offence to obscure, damage or destroy the copy of the order affixed under section 17(1)(b).\n\n\t14 When fortification removal order takes effect\n\nA fortification removal order takes effect on—\n\n(a) if the Magistrates' Court makes the order in the presence of an owner or occupier of the fortified premises—the day on which the order is made; or\n\n(b) in any other case—the day that a copy of the order is affixed to or near the entrance of the fortified premises under section 17.\n\n\t15 Duration of fortification removal order\n\n(1) A fortification removal order remains in effect for the period commencing on the day it takes effect under section 14 and ending on—\n\n(a) the day that is 12 months after the day on which the compliance period ends in accordance with section 16; or\n\n(b) if the order is withdrawn before that day—the day on which the order is withdrawn.\n\n(2) A fortification removal order does not have effect for any period during which its operation is stayed by a court.\n\n(3) A period during which a fortification removal order does not have effect because it is stayed by a court does not count for the purposes of the period specified under subsection (1).\n\n\t16 Compliance period\n\n(1) The compliance period for a fortification removal order begins on the day that the order takes effect and ends on the later of—\n\n(a) the day that is 3 months after the day on which the order takes effect; or\n\n(b) the day specified by—\n\n(i) the Chief Commissioner under section 18; or\n\n(ii) the Magistrates' Court by order under section 22.\n\n(2) The compliance period for a fortification removal order does not include any period during which the operation of the order is stayed by a court.\n\n(3) A period during which a fortification removal order does not have effect because it is stayed by a court does not count for the purposes of the period specified under subsection (1)(a).\n\n\t17 Serving and affixing fortification removal order\n\n(1) As soon as practicable after a fortification removal order is made the Chief Commissioner must—\n\n(a) subject to subsection (2), make all reasonable efforts to serve a copy of the order on the owner, or if there is more than one owner, only one owner, of the fortified premises (a ***relevant owner***); and\n\n**Note**\n\nFor service, see section 50.\n\n(b) cause a copy of the order to be affixed—\n\n(i) to the entrance of the fortified premises; or\n\n(ii) in a conspicuous place near that entrance.\n\n(2) Subsection (1)(a) does not apply if a copy of the application in respect of the fortification removal order was served on any owner of the fortified premises.\n\n(3) The fact that the Chief Commissioner does not serve a relevant owner under subsection (1)(a) after using all reasonable efforts to serve that owner does not affect the validity of the fortification removal order.\n\n(4) To avoid doubt, if there is more than one owner of the fortified premises, the Chief Commissioner is only required under subsection (1)(a) to make reasonable efforts to serve one of those owners.\n\nDivision 3—Extension of compliance period\n\n\t18 Chief Commissioner may extend compliance period\n\n(1) At any time during the compliance period for a fortification removal order, the Chief Commissioner may extend the compliance period on the request of an owner or occupier of the fortified premises.\n\n(2) The Chief Commissioner must make a decision about a request no later than 7 days after the day on which the request is made.\n\n(3) Despite subsections (1) and (2), the Chief Commissioner must not extend the compliance period if an application under section 19 in respect of the compliance period has been made but has not been finally determined.\n\n(4) If the Chief Commissioner agrees to the extension, the compliance period is taken to be extended for the period decided by the Chief Commissioner.\n\n(5) The Chief Commissioner must give the person requesting the extension of the compliance period a written notice of the extension that specifies the period the compliance period has been extended.\n\n(6) More than one extension of time may be made under subsection (1).\n\n\t19 Owner or occupier may apply to Magistrates' Court for extension of compliance period\n\n(1) An owner or occupier of fortified premises may apply to the Magistrates' Court for an extension of the compliance period if the Chief Commissioner has denied a request for that extension.\n\n(2) An application under subsection (1) may be made before or after the compliance period ends.\n\n\t20 Form and content of application\n\n(1) An application under section 19(1) must—\n\n(a) be in writing; and\n\n(b) state the grounds on which the order extending the compliance period is sought.\n\n(2) An application must be accompanied by at least one affidavit that addresses the facts, matters and circumstances on which the application relies.\n\n\t21 Service of application on Chief Commissioner\n\nAn application under section 19(1) must be served on the Chief Commissioner at least 5 days before the day on which the application is listed to be heard.\n\n**Note**\n\nFor service, see section 50.\n\n\t22 Magistrates' Court may extend compliance period\n\n(1) The Magistrates' Court, on an application under section 19(1), may make an order extending the compliance period for a fortification renewal order if the Court is satisfied that it is appropriate to do so in all the circumstances.\n\n(2) The Magistrates' Court may extend the compliance period even if the compliance period has ended before the Court makes its determination on the application.\n\nDivision 4—Withdrawal of fortification removal order\n\n\t23 Withdrawal of fortification removal order\n\n(1) The Chief Commissioner may withdraw a fortification removal order by filing a notice of withdrawal with the Magistrates' Court.\n\n(2) The notice of withdrawal must—\n\n(a) identify the fortification removal order to be withdrawn; and\n\n(b) specify the fortified premises to which the order relates; and\n\n(c) state that the Chief Commissioner is satisfied that the order is no longer necessary.\n\n(3) On the notice of withdrawal being filed with the Magistrates' Court, the fortification removal order ceases to have effect.\n\n\t24 Affixing notice of withdrawal\n\nAs soon as practicable after a fortification removal order is withdrawn, the Chief Commissioner must cause a copy of the notice of withdrawal to be affixed—\n\n(a) to the entrance of the premises to which the order applied; or\n\n(b) in a conspicuous place near that entrance.\n\nPart 3—Inspections\n\nDivision 1—Authority to inspect while fortification removal order is in effect\n\nS. 25 amended by No. 37/2014 s. 10(Sch. item 68.2).\n\n\t25 Inspecting fortified premises while fortification removal order is in effect\n\nWhile a fortification removal order is in effect, a police officer is authorised to—\n\n(a) enter and inspect fortified premises in accordance with Division 3 to determine whether—\n\n(i) a fortification has been removed or modified as required under the order; or\n\n(ii) a fortification that was removed as required under the order has been replaced or restored; or\n\n(iii) a fortification that was modified as required under the order has had the modification removed or undone; or\n\n(iv) another fortification has been constructed or installed on the premises; and\n\n(b) while at the premises, do anything that is reasonably necessary to make a determination referred to in paragraph (a).\n\nDivision 2—Inspection orders for inspecting after fortification removal order ceases to have effect\n\n\t26 Chief Commissioner may apply for inspection order after fortification removal order ceases to have effect\n\n(1) This section applies if a fortification removal order has ceased to have effect.\n\nS. 26(2) amended by No. 37/2014 s. 10(Sch. item 68.2).\n\n(2) The Chief Commissioner may apply to the Magistrates' Court for an order authorising a police officer to enter and inspect the fortified premises.\n\n(3) The Chief Commissioner must not make an application more than 3 years after the day on which the order ceased to have effect.\n\n\t27 Form and content of application\n\n(1) An application under section 26 must—\n\n(a) be in writing; and\n\n(b) state the grounds on which the inspection order is sought; and\n\n(c) specify the premises that are sought to be inspected.\n\n(2) An application must be accompanied by at least one affidavit that addresses the facts, matters and circumstances on which the application relies.\n\n\t28 Affixing notice of application\n\n(1) As soon as practicable after an application under section 26 is made, the Chief Commissioner must cause a notice of application to be affixed—\n\n(a) to the entrance of the fortified premises; or\n\n(b) in a conspicuous place near that entrance.\n\n(2) In subsection (1)—\n\n***notice of application*** means a notice that—\n\n(a) includes the prescribed information; and\n\n(b) states that—\n\n(i) an owner or occupier of the premises in respect of which the application is made may object to the application; and\n\n(ii) it is an offence to obscure, damage or destroy the notice before the day after the day on which the application is finally determined.\n\n\t29 Owner or occupier may object to application\n\n(1) A person may object to an application under section 26 if the person is an owner or occupier of the fortified premises in respect of which the application is made.\n\n(2) An objection must—\n\n(a) be accompanied by at least one affidavit addressing the facts, matters and circumstances on which the objection relies; and\n\n(b) be filed with the Magistrates' Court at least 7 days before the day on which the application is listed to be heard; and\n\n(c) be served on the Chief Commissioner at least 5 days before the day on which the application is listed to be heard.\n\n**Note**\n\nFor service, see section 50.\n\n\t30 Court may extend or abridge the time within which an objection may be made\n\n(1) The Magistrates' Court, by order, may extend or abridge the time within which an objection may be made under section 29.\n\n(2) The Magistrates' Court may extend time under subsection (1) before or after the time expires.\n\n(3) More than one extension of time may be granted under subsection (1).\n\n\t31 Order may be made in absence of objector\n\nThe Magistrates' Court may hear and determine an application under section 26 even if a person who objects under section 29 does not appear at the hearing of the application.\n\n\t32 Magistrates' Court may make inspection order\n\nS. 32(1) amended by No. 37/2014 s. 10(Sch. item 68.2).\n\n(1) The Magistrates' Court, on an application under section 26, may order that a police officer is authorised to—\n\n(a) enter and inspect fortified premises in accordance with Division 3 to determine whether—\n\n(i) a fortification that was removed as required under the order has been replaced or restored; or\n\n(ii) a fortification that was modified as required under the order has had the modification removed or undone; or\n\n(iii) another fortification has been constructed or installed on the premises; and\n\n(b) while at the premises, do anything that is reasonably necessary to make a determination referred to in paragraph (a).\n\n(2) The Magistrates' Court may make an order under subsection (1) if the Court is satisfied that it is appropriate to do so in all the circumstances.\n\n\t33 Form of inspection order\n\n(1) An inspection order must specify—\n\n(a) the fortified premises to be entered and inspected; and\n\nS. 33(1)(b) amended by No. 37/2014 s. 10(Sch. item 68.2).\n\n(b) subject to subsection (2), the period during which a police officer is authorised to inspect the premises; and\n\n(c) that it is an offence to obscure, damage or destroy a copy of an inspection order that is affixed in accordance with section 34 before the day after the last day of the period specified under paragraph (b).\n\n(2) The last day of the period specified under subsection (1)(b) must not be after the day that is 3 years after the day on which the fortification removal order ceased to have effect.\n\n\t34 Affixing inspection order\n\nAs soon as practicable after an inspection order is made, the Chief Commissioner must cause a copy of the order to be affixed—\n\n(a) to the entrance of the fortified premises; or\n\n(b) in a conspicuous place near that entrance.\n\nDivision 3—Conduct of inspections\n\n\t35 Power to inspect and enter fortified premises\n\nS. 35(1) amended by No. 37/2014 s. 10(Sch. item 68.3(a)).\n\n(1) This section applies if a police officer is authorised to enter and inspect fortified premises under—\n\n(a) section 25; or\n\n(b) an inspection order.\n\nS. 35(2) amended by No. 37/2014 s. 10(Sch. item 68.3(a)).\n\n(2) A police officer may, without warrant, enter and inspect the fortified premises on—\n\n(a) if the inspection is authorised under section 25—any day on which the fortification removal order is in effect; or\n\n(b) if the inspection is authorised under an inspection order—any day that is within the period specified in the order.\n\nS. 35(3) amended by No. 37/2014 s. 10(Sch.  \nitem 68.3(b)(i)).\n\n(3) Before any police officer enters the fortified premises, a police officer must—\n\nS. 35(3)(a) amended by No. 37/2014 s. 10(Sch. item 68.3(b)(ii)).\n\n(a) announce that police officers are authorised to enter and inspect the premises; and\n\n(b) state the basis of that authority; and\n\n(c) give anyone at the premises a reasonable opportunity to permit entry to the premises.\n\nS. 35(4) amended by No. 37/2014 s. 10(Sch. item 68.3(c)).\n\n(4) If permission to enter the premises is not given, a police officer may use reasonable force to gain entry.\n\nPart 4—Enforcement of fortification removal orders\n\n\t36 Enforcement notice\n\n(1) This section applies if—\n\n(a) a fortification removal order is in effect but the compliance period has ended; and\n\n(b) the fortification has not been removed or modified as required by the order.\n\nS. 36(2) amended by No. 37/2014 s. 10(Sch. item 68.4).\n\n(2) At least 7 days before a police officer enforces a fortification removal order by exercising powers under section 37, a police officer must cause a notice of enforcement of the order to be affixed—\n\n(a) to the entrance of the fortified premises; or\n\n(b) in a conspicuous place near that entrance.\n\n(3) The notice must—\n\nS. 36(3)(a) amended by No. 37/2014 s. 10(Sch. item 68.4).\n\n(a) specify the day or days on which a police officer will exercise powers under section 37; and\n\n(b) state that it is an offence to obscure, damage or destroy the notice before the day after—\n\n(i) the last day specified under paragraph (a); or\n\n(ii) if the fortification removal order ceases to have effect before that day—the day on which the order ceases to have effect.\n\n\t37 Enforcement powers\n\nS. 37(1) amended by No. 37/2014 s. 10(Sch. item 68.5(a)).\n\n(1) On a day specified in the notice under section 36(3)(a), a police officer may do any of the following—\n\n(a) enter the fortified premises without a warrant;\n\n(b) bring onto the premises any person, equipment or materials that are reasonably required to remove or modify the fortifications that the order requires to be removed or modified;\n\n(c) do anything reasonably necessary, with or without the assistance of a person who is brought onto the premises under paragraph (b), to—\n\n(i) remove the fortifications that the order requires to be removed; and\n\n(ii) modify, in the manner specified in the order, the fortifications that the order requires to be modified;\n\n(d) leave and return to the premises.\n\nS. 37(2) amended by No. 37/2014 s. 10(Sch. item 68.5(b)(i)).\n\n(2) Before any police officer enters the fortified premises, a police officer must—\n\nS. 37(2)(a) amended by No. 37/2014 s. 10(Sch. item 68.5(b)(ii)).\n\n(a) announce that police officers are authorised to enter the premises and enforce the fortification removal order; and\n\n(b) state the basis of that authority; and\n\n(c) state that it is an offence to obstruct or hinder the enforcement of the fortification removal order; and\n\n**Note**\n\nSee section 44.\n\n(d) give anyone at the premises an opportunity to permit entry to the premises.\n\nS. 37(3) amended by No. 37/2014 s. 10(Sch. item 68.5(c)).\n\n(3) A police officer may use reasonable force—\n\n(a) to gain entry if permission to enter the premises is not given; and\n\n(b) to exercise any other power under subsection (1).\n\nS. 37(4) amended by No. 37/2014 s. 10(Sch. item 68.5(c)).\n\n(4) A person who is brought onto the fortified premises by a police officer under subsection (1)(b) may also bring onto the premises any equipment or materials that are reasonably required to remove or modify the fortifications that the order requires to be removed or modified.\n\nS. 37(5) amended by No. 37/2014 s. 10(Sch. item 68.5(c)).\n\n(5) A police officer must not exercise a power under this section unless the fortification removal order is in effect.\n\n\t38 Power to direct obstructive person to leave fortified premises\n\nS. 38(1) amended by No. 37/2014 s. 10(Sch. item 68.6).\n\n(1) This section applies if, on a day specified in the notice under section 36(3)(a), a police officer believes on reasonable grounds that a person at the fortified premises is hindering or obstructing—\n\nS. 38(1)(a) amended by No. 37/2014 s. 10(Sch. item 68.6).\n\n(a) a police officer in the exercise of a power under section 37; or\n\nS. 38(1)(b) amended by No. 37/2014 s. 10(Sch. item 68.6).\n\n(b) a person who is assisting a police officer to remove or modify a fortification under section 37(1)(c).\n\nS. 38(2) amended by No. 37/2014 s. 10(Sch. item 68.6).\n\n(2) The police officer may direct the person to leave the fortified premises in the manner directed.\n\n(3) A direction under subsection (2)—\n\n(a) may be given orally or in writing; and\n\n(b) must be reasonable in all the circumstances.\n\n\t39 Power to use reasonable force to remove person from fortified premises\n\nS. 39(1) amended by No. 37/2014 s. 10(Sch. item 68.6).\n\n(1) A police officer, using no more force than is reasonably necessary, may remove a person from fortified premises after the person has refused to comply with a direction under section 38.\n\nS. 39(2) amended by No. 37/2014 s. 10(Sch. item 68.6).\n\n(2) Nothing in this section limits any powers of arrest that a police officer has under any other law.\n\n\t40 Chief Commissioner may recover cost of removing or modifying fortifications\n\nThe costs of removing or modifying a fortification under section 37 may be recovered by the Chief Commissioner in a court of competent jurisdiction as a debt from an owner or occupier of the fortified premises who caused or allowed the fortification to be constructed or installed.\n\n\t41 Removed material forfeited to the Crown\n\n(1) The following are forfeited to the Crown—\n\n(a) a fortification that is removed from fortified premises under section 37;\n\n(b) material that is removed from a fortification in the course of modifying that fortification under section 37.\n\n(2) The Chief Commissioner may sell, destroy or otherwise dispose of a fortification or material that is forfeited to the Crown under subsection (1).\n\n\t42 Exemption from certain laws\n\n(1) Nothing in the **Environment Protection Act 1970** applies in respect of noise resulting from the removal or modification of a fortification under section 37.\n\n(2) Nothing in the **Building Act 1993**, the **Planning and Environment Act 1987** or a planning scheme requiring an authority, licence or permit for the carrying out of works applies to the removal or modification of a fortification under section 37.\n\nPart 5—Offences\n\nS. 43 amended by No. 37/2014 s. 10(Sch. item 68.6).\n\n\t43 Obstructing inspection of fortified premises\n\nA person must not, without reasonable excuse, hinder or obstruct a police officer who is exercising a power under section 35.\n\nPenalty: 240 penalty units or imprisonment for 2 years or both.\n\n\t44 Obstructing enforcement of fortification removal order\n\nS. 44(1) amended by No. 37/2014 s. 10(Sch. item 68.6).\n\n(1) A person must not, without reasonable excuse, hinder or obstruct a police officer who is exercising a power under section 37.\n\nPenalty: 240 penalty units or imprisonment for 2 years or both.\n\nS. 44(2) amended by No. 37/2014 s. 10(Sch. item 68.6).\n\n(2) A person must not, without reasonable excuse, hinder or obstruct a person who is assisting a police officer to remove or modify a fortification under section 37(1)(c).\n\nPenalty: 240 penalty units or imprisonment for 2 years or both.\n\n\t45 Failure to comply with direction to leave fortified premises\n\nA person must not, without reasonable excuse, refuse or fail to comply with a direction given to the person under section 38.\n\nPenalty: 20 penalty units.\n\nS. 46 amended by No. 37/2014 s. 10(Sch. item 68.6).\n\n\t46 Obstructing removal of person from premises\n\nA person must not, without reasonable excuse, hinder or obstruct a police officer who is removing another person from fortified premises under section 39.\n\nPenalty: 60 penalty units or imprisonment for 6 months or both.\n\n\t47 Interfering with affixed documents\n\n(1) A person must not, without reasonable excuse, obscure, damage or destroy an affixed document before the applicable day.\n\nPenalty: 120 penalty units or imprisonment for 1 year or both.\n\n(2) In subsection (1)—\n\n***affixed document*** means—\n\n(a) a notice of application that is affixed in accordance with section 8(1)(b);\n\n(b) a copy of a fortification removal order that is affixed under section 17(1)(b);\n\n(c) a notice of application that is affixed in accordance with section 28(1);\n\n(d) a copy of an inspection order that is affixed in accordance with section 34;\n\n(e) a notice of enforcement that is affixed in accordance with section 36(2);\n\n***applicable day***, for an affixed document, means the day after—\n\n(a) in the case of a notice of application that is affixed in accordance with section 8(1)(b)—the day on which the application is finally determined;\n\n(b) in the case of a copy of a fortification removal order that is affixed under section 17(1)(b)—the day on which the order ceases to have effect;\n\n(c) in the case of a notice of application that is affixed in accordance with section 28(1)—the day on which the application is finally determined;\n\n(d) in the case of a copy of an inspection order that is affixed in accordance with section 34—the last day of the period specified in the order under section 33(1)(b);\n\n(e) in the case of a notice of enforcement that is affixed in accordance with section 36(2)—\n\n(i) the last day specified in the notice under section 36(3)(a); or\n\n(ii) if the fortification removal order to which the notice of enforcement relates ceases to have effect before that day—the day on which that order ceases to have effect.\n\n\t48 Constructing or installing fortification on certain premises\n\nA person must not construct or install a fortification on premises that the person knows, or ought reasonably to know, are being used, or are likely to be used—\n\n(a) for or in connection with the commission of a specified offence; or\n\n(b) to conceal evidence of a specified offence; or\n\n(c) to keep the proceeds of a specified offence.\n\nPenalty: In the case of an individual, 60 penalty units or imprisonment for 6 months or both;\n\nIn the case of a body corporate, 300 penalty units.\n\n\t49 Constructing or installing fortification on certain premises if fortification removal order previously made\n\nA person must not construct or install a fortification on premises if—\n\n(a) the premises are or have been subject to a fortification removal order; and\n\n(b) the person knows, or ought reasonably to know, that the premises are or have been subject to a fortification removal order; and\n\n(c) the person knows, or ought reasonably to know, that the premises are being used, or are likely to be used—\n\n(i) for or in connection with the commission of a specified offence; or\n\n(ii) to conceal evidence of a specified offence; or\n\n(iii) to keep the proceeds of a specified offence.\n\nPenalty: In the case of an individual, 240 penalty units or imprisonment for 2 years or both;\n\nIn the case of a body corporate, 1200 penalty units.\n\nPart 6—General\n\n\t50 Service\n\n(1) For the purposes of this Act, if a document is to be served on an owner of premises—\n\n(a) in the case of an owner who is an individual and who has served on the Chief Commissioner notice of an address in Victoria for service for the purposes of this Act—it must be personally delivered, or sent by prepaid ordinary post, to that address; or\n\n(b) in the case of any other owner who is an individual—it must be personally served on the individual or personally delivered, or sent by prepaid ordinary post, to the individual's usual or last known place of residence or business; or\n\n(c) in the case of an owner that is a company or a registered foreign company within the meaning of the Corporations Act—it must be served in accordance with section 109X or 601CX of that Act, as the case may be; or\n\n(d) in the case of an owner that is an incorporated association—it must be served in accordance with section 217 of the **Associations Incorporation Reform Act 2012**; or\n\n(e) in the case of an owner that is a body or association incorporated under a law of another State or a Territory—it must be served—\n\n(i) by leaving a copy of the document at the registered office or principal place of business of the body or association; or\n\n(ii) by sending a copy of the document by prepaid ordinary post to the registered office or principal place of business of the body or association.\n\n(2) For the purposes of this Act, if a document is to be served on the Chief Commissioner it must be served—\n\n(a) if the Chief Commissioner has previously notified the person serving the document that the document is to be served at a particular address—by sending it by prepaid ordinary post to that address; or\n\n(b) in any other case—\n\n(i) by delivering it personally to the Chief Commissioner; or\n\n(ii) by sending it by prepaid ordinary post to the Chief Commissioner at his or her office address; or\n\n(iii) by leaving it at the Chief Commissioner's office address with an individual on the premises who is apparently employed there.\n\n\t51 Delegation\n\nS. 51(1) amended by No. 37/2014 s. 10(Sch. item 68.7(a)).\n\n(1) The Chief Commissioner, by instrument, may delegate any function or power he or she has under this Act, other than this power of delegation, to a police officer of or above the rank of Commander.\n\nS. 51(2) amended by No. 37/2014 s. 10(Sch. item 68.7(b)).\n\n(2) Subsection (1) does not limit section 19 of the **Victoria Police Act 2013**.\n\n\t52 Immunity\n\nS. 52(1) amended by No. 37/2014 s. 10(Sch. item 68.8).\n\n(1) A person assisting a police officer to remove or modify fortifications under section 37(1)(c) is not liable for anything done or omitted to be done in good faith—\n\nS. 52(1)(a) amended by No. 37/2014 s. 10(Sch. item 68.8).\n\n(a) in the course of assisting the police officer; or\n\nS. 52(1)(b) amended by No. 37/2014 s. 10(Sch. item 68.8).\n\n(b) in the reasonable belief that the act or omission was in the course of assisting the police officer.\n\n(2) A person bringing equipment or materials onto fortified premises under section 37(4) is not liable for anything done or omitted to be done in good faith in the course of bringing the equipment or materials onto the premises.\n\n(3) Any liability resulting from an act or omission that, but for subsection (1) or (2), would attach to a person, attaches instead to the State.\n\nNote to s. 52 repealed by No. 37/2014 s. 10(Sch. item 68.9).\n\n* * * * *\n\n\t53 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed to give effect to this Act.\n\n(2) Regulations made under this Act may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstance;\n\n(c) confer a discretionary authority or impose a duty on a specified person or body or a specified class of person or body.\n\nSchedule\n\nSpecified offences\n\nNote to Sch. inserted by No. 55/2014 s. 104(1).\n\n**Note**\n\nIn relation to provisions in the **Crimes Act 1958**, see paragraph (c) of the definition of ***specified offence*** in section 3.\n\n\t1 Classification (Publications, Films and Computer Games) (Enforcement) Act 1995\n\n1.1 Section 15(2) (sale of a commercial quantity of X 18+ films).\n\n1.2 Section 23A(4) (possession of a commercial quantity of X 18+ films with the intention of selling or exhibiting them).\n\n1.3 Section 23A(5) (copying a commercial quantity of X 18+ films with the intention of selling or exhibiting them).\n\n1.4 Section 24(1) (making an objectionable film).\n\n1.5 Section 32(1) (producing an objectionable publication).\n\n\t2 Control of Weapons Act 1990\n\n2.1 Section 5(1) (importing, manufacturing, displaying or advertising for sale a prohibited weapon without an exemption or approval).\n\n2.2 Section 5(1A) (possessing, carrying or using a prohibited weapon in licensed premises without an exemption or approval).\n\nSch. item 3 repealed by No. 55/2014 s. 104(2)(a).\n\n* * * * *\n\n\t4 Dangerous Goods Act 1985\n\n4.1 Section 54(5) (dealing with an unauthorised explosive).\n\nSch. item 5 repealed by No. 55/2014 s. 104(2)(b).\n\n* * * * *\n\n\t6 Firearms Act 1996\n\nSch. item 6.1 repealed by No. 55/2014 s. 104(2)(c).\n\n* * * * *\n\n6.2 Section 6(1) (non-prohibited person possessing, carrying or using a registered category A longarm without a licence).\n\n6.3 Section 6(2) (non-prohibited person possessing, carrying or using a registered category B longarm without a licence).\n\n6.4 Section 6(3) (non-prohibited person possessing, carrying or using a registered category C longarm without a licence).\n\n6.5 Section 6(4) (non-prohibited person possessing, carrying or using a registered category D longarm without a licence).\n\nSch. item 6.6 repealed by No. 55/2014 s. 104(2)(c).\n\n* * * * *\n\n6.7 Section 6(6) (non-prohibited person possessing, carrying or using other longarm).\n\n6.8 Section 6A(1) (non-prohibited person possessing, carrying or using an unregistered category A or B longarm).\n\n6.9 Section 6A(2) (non-prohibited person possessing, carrying or using an unregistered category C or D longarm).\n\nSch. item 6.10 repealed by No. 55/2014 s. 104(2)(c).\n\n* * * * *\n\n6.11 Section 7(1) (non-prohibited person possessing, carrying or using a registered general category handgun without a licence).\n\nSch. item 6.12 repealed by No. 55/2014 s. 104(2)(c).\n\n* * * * *\n\n6.13 Section 7(3) (non-prohibited person possessing, carrying or using a registered pre-1947 general category handgun for collection purposes without a licence).\n\nSch. item 6.14 repealed by No. 55/2014 s. 104(2)(c).\n\n* * * * *\n\n6.15 Section 7(5) (non-prohibited person possessing, carrying or using a registered general category handgun for collection purposes without a licence).\n\nSch. item 6.16 repealed by No. 55/2014 s. 104(2)(c).\n\n* * * * *\n\n6.17 Section 7A(1) (holder of handgun target shooting licence possessing, carrying or using certain types of handguns).\n\nSch. item 6.18 repealed by No. 55/2014 s. 104(2)(c).\n\n* * * * *\n\n6.19 Section 36(1) (holder of longarm licence for category A or B longarms contravening a condition of the licence).\n\n6.20 Section 36(2) (holder of licence for category C or D longarms or general category handguns contravening a condition of the licence).\n\n6.21 Section 36(3) (holder of licence for category E longarms or category E handguns contravening a condition of the licence).\n\n6.22 Section 45(3) (disposing of category A or B longarm other than to a licensed firearms dealer).\n\n6.23 Section 45(4) (disposing of category C or D longarm, or general category handgun, other than to a licensed firearms dealer).\n\n6.24 Section 45(5) (disposing of category E longarm, or category E handgun, other than to a licensed firearms dealer).\n\n6.25 Section 53(1) (failing to surrender firearm or cartridge ammunition once a licence is suspended or cancelled).\n\n6.26 Section 57(1) (non-prohibited person possessing, carrying or using a silencer without, or in contravention of, a permit).\n\n6.27 Section 57A(1) (holder of handgun security guard licence possessing, carrying or using restricted ammunition without, or in contravention of, a permit).\n\n6.28 Section 59(1) (being a firearms dealer in category A or B longarms or paintball markers without, or in contravention of, a licence).\n\n6.29 Section 59(2) (being a firearms dealer in other firearms without, or in contravention of, a licence).\n\n6.30 Section 83 (failing to surrender firearms or cartridge ammunition once a dealers licence is suspended or cancelled).\n\n6.31 Section 93(1) (licensed firearms dealer acquiring a category A or B longarm other than from a specified person).\n\n6.32 Section 93(2) (licensed firearms dealer acquiring a category C or D longarm, or a general category handgun, other than from a specified person).\n\n6.33 Section 93(3) (licensed firearms dealer acquiring other firearm other than from a specified person).\n\n6.34 Section 94(1) (licensed firearms dealer disposing of a category A or B longarm other than to a specified person).\n\n6.35 Section 94(2) (licensed firearms dealer disposing of a category C or D longarm or general category handgun other than to a specified person).\n\n6.36 Section 94(3) (licensed firearms dealer disposing of other firearm other than to a specified person).\n\n6.37 Section 95(1) (person who is not a licensed firearms dealer acquiring a category A or B longarm from another person who is not a licensed firearms dealer).\n\n6.38 Section 95(2) (person who is not a licensed firearms dealer acquiring a category C or D longarm from another person who is not a licensed firearms dealer).\n\nSch. items 6.39, 6.40 repealed by No. 55/2014 s. 104(2)(c).\n\n* * * * *\n\n6.41 Section 96(1) (person who is not a licensed firearms dealer disposing of a category A or B longarm to a person who is not a licensed firearms dealer).\n\n6.42 Section 96(2) (person who is not a licensed firearms dealer disposing of a category C or D longarm to a person who is not a licensed firearms dealer).\n\nSch. items 6.43, 6.44 repealed by No. 55/2014 s. 104(2)(c).\n\n* * * * *\n\n6.45 Section 98(1) (person who is not a licensed firearms dealer taking possession of a firearm without personally receiving it).\n\n6.46 Section 98(2) (person who is not a licensed firearms dealer giving possession of a firearm without personally giving it).\n\n6.47 Section 99(1) (licensed firearms dealer acquiring a category A or B longarm from an interstate person who does not hold an interstate dealers licence).\n\n6.48 Section 99(2) (licensed firearms dealer acquiring a category C or D longarm, or a general category handgun, from an interstate person who does not hold an interstate dealers licence).\n\n6.49 Section 99(3) (licensed firearms dealer acquiring a category E longarm, or a category E handgun, from an interstate person who does not hold an interstate dealers licence).\n\n6.50 Section 100(1) (licensed firearms dealer disposing of a category A or B longarm to an interstate person who does not hold an interstate licence).\n\n6.51 Section 100(2) (licensed firearms dealer disposing of a category C or D longarm, or a general category handgun, to an interstate person who does not hold an interstate licence).\n\n6.52 Section 100(3) (licensed firearms dealer disposing of a category E longarm, or a category E handgun, to an interstate person who does not hold an interstate licence).\n\n6.53 Section 101B(1) (providing financial accommodation for the illegal acquisition or disposal of a category A or B longarm).\n\n6.54 Section 101B(2) (providing financial accommodation for the illegal acquisition or disposal of a category C or D longarm or a general category handgun).\n\nSch. item 6.55 repealed by No. 55/2014 s. 104(2)(c).\n\n* * * * *\n\n6.56 Section 102(1) (acquiring a category A or B longarm without a permit).\n\n6.57 Section 102(2) (acquiring a category C or D longarm without a permit).\n\nSch. item 6.58 repealed by No. 55/2014 s. 104(2)(c).\n\n* * * * *\n\n6.59 Section 102(3) (acquiring a category E longarm without a permit).\n\nSch. item 6.59A inserted by No. 2/2018 s. 41(a).\n\n6.59A Section 112C(2) (offence to dispose of or give possession of a firearm to a person who is subject to a firearm prohibition order or enable such a person to possess, carry or use a firearm).\n\nSch. item 6.59B inserted by No. 2/2018 s. 41(a).\n\n6.59B Section 112O(1) (offence for a person to whom a firearm prohibition order applies to enter or remain on certain premises).\n\n6.60 Section 121(1) (improperly storing a firearm that is possessed under a longarm licence for a category A or B longarm).\n\n6.61 Section 121(1A) (improperly storing cartridge ammunition that is possessed under a longarm licence for a category A or B longarm).\n\nSch. item 6.61A inserted by No. 2/2018 s. 41(b).\n\n6.61A Section 121(1B) (improperly storing a paintball marker).\n\n6.62 Section 121(2) (improperly storing a firearm that is possessed under a licence for a general category handgun or a category C or D longarm).\n\n6.63 Section 121(2A) (improperly storing cartridge ammunition that is possessed under a licence for a general category handgun, or a category C or D longarm).\n\n6.64 Section 121(3) (improperly storing a firearm that is possessed under a licence for a category E handgun or a category E longarm).\n\n6.65 Section 121(3A) (improperly storing cartridge ammunition that is possessed under a licence for a category E handgun or a category E longarm).\n\n6.66 Section 123(1) (improperly storing a category A or B longarm that is possessed under a dealers licence).\n\nSch. item 6.66A inserted by No. 2/2018 s. 41(c).\n\n6.66A Section 123(1A) (improperly storing a paintball marker that is possessed under a dealers licence).\n\n6.67 Section 123(2) (improperly storing a category C or D longarm, or a general category handgun, that is possessed under a dealers licence).\n\n6.68 Section 123(3) (improperly storing a category E handgun, or a category E longarm, that is possessed under a dealers licence).\n\n6.69 Section 123(4) (improperly storing ammunition that is possessed under a dealers licence).\n\n6.70 Section 125 (disposing of cartridge ammunition to an unauthorised person).\n\n6.71 Section 126(1) (carrying or using a category A or B longarm without keeping it safe).\n\n6.72 Section 126(2) (carrying or using a category C or D longarm, or a general category handgun, without keeping it safe).\n\n6.73 Section 126(3) (carrying or using a category E longarm, or a category E handgun, without keeping it safe).\n\n6.74 Section 126(4) (carrying or using cartridge ammunition without keeping it safe).\n\n6.75 Section 127(1) (permitting a category A or B longarm to be carried or used by an unauthorised person).\n\n6.76 Section 127(2) (permitting a category C or D longarm to be carried or used by an unauthorised person).\n\n6.77 Section 127(3) (permitting a category E longarm to be carried or used by an unauthorised person).\n\n6.78 Section 128 (damaging property with a firearm).\n\n6.79 Section 129 (using a firearm in a dangerous manner).\n\n6.80 Section 129A (unlicensed person storing a firearm or cartridge ammunition in an insecure manner).\n\n6.81 Section 130(1) (carrying or using a firearm in certain places).\n\n6.82 Section 131(1) (possessing, carrying or using a firearm on private property without consent).\n\n6.83 Section 132(1) (carrying or using a firearm while intoxicated).\n\n6.84 Section 132(2) (concealing a firearm for the purpose of committing an indictable offence).\n\n6.85 Section 133 (disposing of a firearm to an intoxicated person).\n\n6.86 Section 134(1) (shortening the barrel of a longarm).\n\n6.87 Section 134(2) (altering an inoperable firearm so it can discharge any shot, bullet or missile).\n\nSch. item 6.88 repealed by No. 55/2014 s. 104(2)(c).\n\n* * * * *\n\n6.89 Section 134(4) (destroying, or rendering inoperable, a firearm or other item without the Chief Commissioner's approval).\n\n6.90 Section 134C(1) (possessing a firearm on which there is no serial number).\n\n6.91 Section 135(1) (owning a category A or B longarm without a licence to possess it).\n\n6.92 Section 135(2) (owning a category C or D longarm, or a general category handgun, without a licence to possess it).\n\n6.93 Section 135(3) (owning a category E longarm, or a category E handgun, without a licence to possess it).\n\n6.94 Section 136 (disposing of a firearm to a minor).\n\n6.95 Section 137(1) (altering the particulars on a licence, permit, certificate or other document).\n\n6.96 Section 138 (making a false entry in a register or other record).\n\n6.97 Section 140A(1) (making a false or misleading statement in making an application).\n\n6.98 Section 140A(2) (being false or misleading in providing identification).\n\n6.99 Section 140A(3) (making a false or misleading statement in supporting an application).\n\nSch. item 7 amended by No. 55/2014 s. 104(2)(d), repealed by No. 7/2022 s. 70.\n\n* * * * *\n\n ═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n *Minister's second reading speech—*\n\n *Legislative Assembly: 18 April 2013*\n\n *Legislative Council: 22 August 2013*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to provide for the Magistrates' Court, on application by the Chief Commissioner of Police, to require the removal or modification of fortifications on premises that are connected to certain criminal offences and for other purposes.\"\n\nThe **Fortification Removal Act 2013** was assented to on 10 September 2013 and came into operation on 6 October 2013: Special Gazette (No. 341) 1 October 2013 page 1.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Fortification Removal Act 2013** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| --- | --- |\n| *Commencement Date:* | S. 10(Sch. item 68) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Fortification Removal Act 2013** |\n\n\n**Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014**\n\n| *Assent Date:* | 26.8.14 |\n| --- | --- |\n| *Commencement Date:* | Ss 103, 104 on 1.10.14: Special Gazette (No. 330) 23.9.14 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Fortification Removal Act 2013** |\n\n\n**Firearms Amendment Act 2018, No. 2/2018**\n\n| Assent Date: | 13.2.18 |\n| --- | --- |\n| Commencement Date: | S. 41 on 9.5.18: Special Gazette (No. 209) 8.5.18 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Fortification Removal Act 2013** |\n\n\n**Sex Work Decriminalisation Act 2022, No. 7/2022**\n\n| Assent Date: | 1.3.22 |\n| --- | --- |\n| Commencement Date: | S. 70 on 1.12.23: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Fortification Removal Act 2013** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of enabling police to remove excessive fortifications from premises linked to serious criminal activity. While the Schedule of 'specified offences' has been updated through amendments (removing some prostitution-related offences and adding firearms prohibition order breaches), these are technical updates reflecting changes in related criminal law rather than an expansion of the Act's core scope. The fundamental mechanism—Court-supervised removal of fortifications connected to serious crime—remains unchanged from the 2013 original intent."},"complexity_factors":["Multiple nested procedures: Applications → Objections → Court orders → Extensions → Inspections → Enforcement, each with specific timing and service requirements","Cross-references to external legislation: Victoria Police Act 2013, Confiscation Act 1997, Crimes Act 1958, Firearms Act 1996, and multiple other Acts in the Schedule","Conditional logic for service requirements: Different rules for serving documents on owners vs. occupiers, individuals vs. companies, and domestic vs. interstate entities","Temporal complexity: Multiple overlapping time periods (compliance period, order duration, inspection windows, objection deadlines) with specific rules about court stays not counting toward limits","Defined terms with layered meanings: 'Fortification' requires a three-part test (structure/device + prevention of entry + beyond reasonable security), and 'specified offence' incorporates a Schedule of 80+ specific offences plus general categories","Dual pathways for extensions: Administrative extension by Chief Commissioner (s.18) vs. Court application (s.19) with specific priority rules","Immunity and liability shifting provisions: Complex indemnity arrangements for assistants and equipment carriers (s.52)","Exemption clauses: Specific carve-outs from Environment Protection Act, Building Act, and Planning and Environment Act (s.42)"],"plain_english_summary":"**What this law does:**\n\nThis Act gives Victoria Police the power to force property owners to tear down or modify excessive security measures—like reinforced doors, CCTV systems, or barricades—on buildings suspected of being used for serious criminal activity.\n\n**Who it affects:**\n\n*   **Property owners and occupiers** whose premises have \"fortifications\" (security features beyond what's normal for lawful use).\n*   **The Chief Commissioner of Police** (or their delegates), who can apply to the Magistrates' Court for removal orders.\n*   **Police officers**, who can inspect premises and enforce removal orders.\n\n**How it works:**\n\n1.  **Application:** The Chief Commissioner applies to the Magistrates' Court for a *fortification removal order*. They must show the premises are being used (or likely to be used) for serious crimes like drug trafficking, firearms offences, or other indictable offences punishable by 5+ years in prison.\n2.  **Court Order:** If satisfied, the Court orders the owner/occupier to remove or modify the fortifications within a *compliance period* (usually 3 months, extendable).\n3.  **Inspections:** Police can inspect the premises while the order is active, and for up to 3 years after it expires, to check for compliance.\n4.  **Enforcement:** If the owner doesn't comply, police can enter (using reasonable force if necessary), remove the fortifications themselves, and bill the owner for costs. Removed materials become Crown property.\n\n**Key offences:**\n\n*   Building fortifications on premises used for serious crimes (up to 6 months jail).\n*   Rebuilding fortifications after a removal order (up to 2 years jail).\n*   Obstructing police during inspections or enforcement (up to 2 years jail).\n*   Tampering with notices posted on the property.\n\n**Why it matters:**\n\nThis law targets \"fortified\" drug houses, outlaw motorcycle gang clubhouses, and other premises hardened against police entry. It aims to disrupt organised crime by removing physical barriers that hinder law enforcement, while providing judicial oversight through the Magistrates' Court process."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since enactment the Act's operational scope has been broadened by a series of amendments. Key scope changes include: (a) alignment and cross‑referencing with the Victoria Police Act (adding the police officer/Chief Commissioner definitions and explicit delegation rules) which formalises police administrative control (see section 3, 51); (b) expansion and updating of the Schedule of \"specified offences\" (linking the power to a wider list of criminal provisions, including extensive firearms provisions added over time), changing the set of premises susceptible to orders; (c) introduction or clarification of post‑order inspection orders allowing warrantless inspections up to 3 years after an order ceases (sections 26, 32–34); and (d) clarified enforcement and immunity provisions and explicit regulatory exemptions for removal/modification work (sections 37, 41–42, 52). These amendments move the Act beyond a narrowly procedural tool for removing a small class of physical barriers into a more comprehensive regime giving police broader, longer‑lasting inspection and enforcement reach, and creating clearer cost‑recovery and immunity mechanics."},"complexity_factors":["Multiple defined terms with legal effect (Chief Commissioner, fortification, specified offence, owner, occupier, compliance period, inspection order) in section 3 and 4","Broad cross-references to other statutes (Victoria Police Act 2013, Crimes Act 1958, Confiscation Act 1997, Transfer of Land Act 1958, Building Act 1993, Planning and Environment Act 1987, Environment Protection Act 1970, Corporations Act and Associations Act) increasing interpretive dependence","Schedule listing many separate criminal provisions that trigger the Act (many subitems, amended and repealed over time)","Conditional timing rules and nested time limits (notice/affixment rules, 3‑month minimum compliance period; Chief Commissioner extension windows; Court extension powers; 12‑month statutory duration after compliance; 3‑year inspection window after order ceases) (sections 14–16, 18, 22, 26, 33)","Multiple procedural pathways and exceptions (administrative extension by police, judicial extension, withdrawal by police, inspections while order in effect vs inspection orders after it ceases) (Parts 2–3)","Enforcement powers allowing warrantless entry, use of reasonable force, bringing equipment and third parties onto premises, plus immunity provisions and cost recovery mechanisms (sections 35–41, 52)","Criminal offences and graduated penalties (penalty units and imprisonment) tied to obstructive conduct and re‑construction of fortifications (Part 5)","Exemptions from other regulatory regimes (building, planning, environment) for actions taken under this Act (section 42) complicate interaction with other compliance obligations","Delegation limit (Chief Commissioner may delegate to Commander rank) and administrative discretions create interpretive and operational variability (section 51)","Affixing and service rules with multiple modes depending on owner type (individual, company, incorporated association) add procedural complexity (section 50)"],"plain_english_summary":"**What this law does (mechanically)\n\n- The Act gives the Chief Commissioner of Police (or a delegated senior police officer) the power to apply to the Magistrates' Court for an order requiring a \"fortification\" on particular premises to be removed or changed (a \"fortification removal order\") (see sections 6, 11, 13). \n\n- \"Fortification\" is defined broadly to include any structure or device attached to premises that prevents or is intended to prevent uninvited entry and goes beyond what is reasonably necessary for ordinary lawful security (section 4). Electronic surveillance equipment (CCTV, motion sensors) is explicitly included (section 4(2)).\n\n- The Magistrates' Court can make an order if satisfied there is a fortification and there are reasonable grounds to believe the premises are, have been, or are likely to be used in connection with a \"specified offence\" (section 11). The Court may make that finding without determining that any particular criminal offence was actually committed (section 11(3)).\n\n- Once made, orders must be published on the premises (affixed) and take effect either immediately if the owner/occupier is present, or on affixing if not (sections 14, 17). Orders have a compliance period (minimum 3 months from effect) during which the owner/occupier must remove or modify the fortification (section 16). The total statutory duration is capped (section 15).\n\n- Owners/occupiers can request an extension of the compliance period from the Chief Commissioner (7‑day decision window) or apply to the Magistrates' Court if refused (sections 18–22). The Chief Commissioner may also withdraw an order (sections 23–24).\n\n- While an order is in effect, police may enter and inspect the premises without a warrant to check compliance and take necessary steps to make that determination (sections 25, 35). The Act also allows the Chief Commissioner to apply for an inspection order authorising warrantless entry for up to 3 years after an order has ceased to have effect (sections 26, 32–34).\n\n- If the compliance period ends and the fortification has not been removed/modified, police must affix a notice of enforcement at least 7 days before enforcing. On the specified day(s) police may enter without a warrant, bring equipment and people onto the premises, and remove or modify the fortification themselves using reasonable force if necessary (sections 36–39). Material removed is forfeited to the Crown; the Chief Commissioner may sell, destroy or dispose of it (section 41).\n\n- The costs of removal or modification may be recovered by the Chief Commissioner as a debt from any owner or occupier who caused or allowed the fortification to be constructed or installed (section 40).\n\n- The Act creates offences and penalties for obstructing inspections or enforcement; for failing to obey directions to leave; for constructing fortifications on premises known (or that should reasonably be known) to be used for certain criminal activity; and for interfering with notices/orders affixed to premises (Part 5, sections 43–49). Penalties include substantial fines (penalty units) and imprisonment for serious contraventions.\n\n- The Act also contains delegation rules (Chief Commissioner may delegate powers to senior officers), immunity for persons assisting police in good faith (section 52), and explicit exemptions from environmental, building and planning laws for removal or modification done under police enforcement powers (section 42).\n\nWho it affects and who pays\n\n- Affected parties: owners and occupiers of premises with fortifications (including landlords), persons who install or construct fortifications, and people present on such premises when police exercise inspection/enforcement powers. Security-equipment providers and construction contractors could be indirectly affected where removals or modifications are ordered.\n\n- Decision-makers: the Chief Commissioner (or delegated senior police officer) decides to apply to the Magistrates' Court and may grant administrative extensions of compliance (sections 6, 18, 51). The Magistrates' Court decides whether to make removal or inspection orders and whether to extend compliance periods (sections 11, 32, 22).\n\n- Who pays: the State initially funds enforcement action, but the Chief Commissioner can recover the costs from the owner or occupier who \"caused or allowed\" the fortification to be constructed or installed (section 40). Removed materials become Crown property (section 41).\n\nWhy it matters (official purpose and practical implications)\n\n- Officially the Act exists to enable the removal or modification of fortifications connected to certain criminal activity (section 1). Practically, it creates a civil‑style (Magistrates' Court) procedure that does not require a criminal conviction before a fortification can be ordered removed: the Court need only be satisfied on reasonable grounds (section 11(2)–(3)).\n\n- This lowers the evidentiary threshold relative to criminal proceedings and substitutes a property‑targeted remedy (removal/modification and cost recovery) for relying solely on criminal prosecutions.\n\nCosts, incentives and trade-offs (implementation and compliance risks)\n\n- Administrative and enforcement costs: police must investigate, make applications, monitor compliance, and carry out removals. Those enforcement costs can be recovered from owners/occupiers who \"caused or allowed\" the fortification (section 40), but recovery requires separate civil proceedings and may not be immediate.\n\n- Incentives for owners/occupiers: they face a choice to remove/modify within the compliance period (minimum 3 months) or risk police enforcement and cost recovery (sections 16, 36–40). Owners who legitimately want strong security must ensure their measures are \"reasonably necessary for ordinary lawful use\" to avoid being caught by the Act's broad fortification definition (section 4).\n\n- Burden on property users and businesses: landlords, tenants and businesses may need to alter security arrangements at short notice, with consequences for safety, insurance and contractual relationships. The Act exempts such removal/modification activity from usual planning, building and environmental approval requirements (section 42), which speeds enforcement but removes those regulatory checks.\n\n- Evidentiary and procedural risk: the Court can act without a finding of criminal guilt (section 11(3)), increasing the risk of orders based on investigative or intelligence material that might not meet criminal proof standards. There are formal notice and objection procedures (sections 7–10, 26–31), but the Court may proceed in the absence of an objector (sections 12, 31).\n\n- Concentrated vs diffuse costs: benefits (removed fortifications linked to criminal activity) are concentrated with police and potentially the community; costs (removal expense, lost security investment, possible loss of privacy from removing CCTV) fall on specific owners/occupiers and those businesses that supply or maintain fortifications.\n\nEffects on private choice and markets\n\n- Security industry: demand for fortification equipment and installation could fall for premises at risk of being subject to orders; conversely, market for lawful-compliant security solutions (designed to avoid the Act's definition) may grow. Suppliers may need to certify or advise customers about legal risks.\n\n- Property market and ownership rights: the Act restricts owners' freedom to maintain certain physical security measures where the premises are linked to specified criminal activity (section 11). It authorises state intrusion onto private property for inspection and enforced alteration/removal without warrant in defined circumstances (sections 25, 35–37).\n\nImplementation and compliance points to watch\n\n- The Act depends heavily on administrative action by the Chief Commissioner and judicial oversight by the Magistrates' Court; the balance between police discretion and judicial review is significant (see sections 6, 11, 18, 22).\n\n- The definition of \"specified offence\" ties the Act to a long list of criminal provisions in the Schedule and to offences punishable by 5+ years imprisonment (section 3). Changes to those underlying offence lists (amendments to the Schedule or other Acts) will materially alter where the Act applies.\n\n- The Act provides for recovery of costs but not a guaranteed or immediate mechanism to do so; enforcement costs may therefore fall temporarily on the State (section 40).\n\nBottom line (practical summary)\n\n- The Act sets up a civil‑law route to remove or alter physical and electronic measures that obstruct uninvited entry when premises are connected reasonably to serious criminal activity. Police initiate and execute the process; the Magistrates' Court authorises it. Owners/occupiers must either comply within a defined period, seek extensions, or face police removal, potential recovery of costs, forfeiture of removed materials and criminal penalties for obstructing enforcement (see Parts 2–5)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act appears to have remained consistent with its original intent — targeting fortified properties linked to declared criminal organisations, particularly outlaw motorcycle gangs. There is no evident scope creep into broader property or general criminal law based on available information."},"complexity_factors":["Interaction with separate legislation defining 'declared organisations', requiring cross-referencing multiple Acts","Appeals and review mechanisms involving tribunal and court processes add procedural layers","Balancing of property rights against law enforcement powers creates interpretive complexity","Definitions of 'fortification' may be contested in specific cases, requiring judicial interpretation","Cost recovery provisions against property owners involve additional legal and financial processes","Limited publicly available text in the provided excerpt makes full analysis of operative provisions difficult"],"plain_english_summary":"The Fortification Removal Act 2013 lets Victoria Police issue orders requiring owners or occupiers of properties linked to declared criminal organisations (not ordinary homes) to remove physical barriers—like reinforced doors, razor wire or lookout posts—that hinder police access. Non‑compliance can lead to police removing the fortifications and charging costs to the owner, with judicial appeal available.\n\nIt advances efforts to disrupt organised crime but raises property‑rights and civil‑liberties concerns about how “declared organisations” are defined."}},"importantCases":[],"_links":{"self":"/api/acts/fortification-removal-act-2013","history":"/api/acts/fortification-removal-act-2013/history","analysis":"/api/acts/fortification-removal-act-2013/analysis","conflicts":"/api/acts/fortification-removal-act-2013/conflicts","importantCases":"/api/acts/fortification-removal-act-2013/important-cases","documents":"/api/acts/fortification-removal-act-2013/documents"}}