252ZExercising powers—use reasonable force

252Z Exercising powers—use reasonable force If a police officer believes that a person who is present at the premises is hindering or obstructing the officer from entering the premises or removing the fortification, the officer may— (a) give a reasonable direction that the person must leave the (b) if the person refuses to leave the premises in accordance with the direction—use reasonable force to remove the person from the premises; and (c) do anything that is reasonably necessary to enter the premises and remove the fortification. Note It is an offence to obstruct a territory public official, including a police officer or a contractor performing work for the Territory (see Criminal Code, s 361). 252ZA Premises must not be fortified (a) the person fortifies premises; and (b) the person— (i) knows the premises are, have been or will be used in relation to a fortification offence; or (ii) is reckless about whether the premises are, have been or will be used in relation to a fortification offence; and (c) the person intends that the fortification will prevent the uninvited entry to the premises or part of the premises. 1 a fortification offence has been carried out on the premises 2 evidence of a fortification offence is being concealed on the premises 3 proceeds of a fortification offence are likely to be kept on the premises 252ZB Fortification must not be replaced or restored (a) the person fortifies premises; and (b) the premises have previously been the subject of a fortification removal order; and (c) the person— (i) knows the premises have previously been the subject of a fortification removal order; or (ii) is reckless about whether the premises have previously been the subject of a fortification removal order; and (i) knows the premises are, have been or will be used in relation to a fortification offence; or (ii) is reckless about whether the premises are, have been or will be used in relation to a fortification offence; and (e) the person intends that the fortification will prevent the uninvited entry to the premises or part of the premises. 252ZC Protection from liability (1) A protected person is not civilly liable for conduct engaged in honestly and without recklessness— (a) in the exercise of a function under this division; or (b) in the reasonable belief that the conduct was in the exercise of a function under this division. (2) Any civil liability that would, apart from this section, attach to the protected person attaches instead to the Territory. conduct means an act or omission to do an act. protected person means— (a) a police officer or other official exercising a function under this division; or (b) a person accompanying a police officer exercising a function under this division. 252ZD Chief police officer delegations The chief police officer may delegate any of the chief police officer’s functions under this division to a police officer at or above the level of superintendent. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.