30 Court may extend or abridge the time within which an objection may be made 18
31 Order may be made in absence of objector 19
32 Magistrates' Court may make inspection order 19
33 Form of inspection order 19
34 Affixing inspection order 20
Division 3—Conduct of inspections 20
35 Power to inspect and enter fortified premises 20
Part 4—Enforcement of fortification removal orders 22
36 Enforcement notice 22
37 Enforcement powers 22
38 Power to direct obstructive person to leave fortified premises 24
39 Power to use reasonable force to remove person from fortified premises 25
40 Chief Commissioner may recover cost of removing or modifying fortifications 25
41 Removed material forfeited to the Crown 25
42 Exemption from certain laws 26
Part 5—Offences 27
43 Obstructing inspection of fortified premises 27
44 Obstructing enforcement of fortification removal order 27
45 Failure to comply with direction to leave fortified premises 27
46 Obstructing removal of person from premises 27
47 Interfering with affixed documents 28
48 Constructing or installing fortification on certain premises 29
49 Constructing or installing fortification on certain premises if fortification removal order previously made 30
Part 6—General 31
50 Service 31
51 Delegation 32
52 Immunity 33
53 Regulations 33
Schedule 35
═══════════════
Endnotes 46
1 General information 46
2 Table of Amendments 48
3 Explanatory details 49
Version No.005
Fortification Removal Act 2013
No. 48 of 2013
Version incorporating amendments as at
1 December 2023
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purpose
The 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.
2 Commencement
(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into operation before 1 November 2013, it comes into operation on that day.
3 Definitions
In this Act—
S. 3 def. of Chief Commis-sioner amended by No. 37/2014 s. 10(Sch. item 68.1(b)).
Chief Commissioner means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;
compliance period, for a fortification removal order, means the period that applies to that order under section 16;
fortification has the meaning given by section 4;
fortification removal order means an order made under section 11(1);
fortified premises means the premises specified in a fortification removal order in accordance with section 13(b);
inspection order means an order made under section 32(1);
S. 3 def. of member of Victoria Police repealed by No. 37/2014 s. 10(Sch. item 68.1(c)).
occupier, in relation to premises, means a person who has, or is entitled to, possession or control of the premises;
owner means—
(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;
(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;
S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 68.1(a)).
police officer has the same meaning as in the Victoria Police Act 2013;
proceeds has the same meaning as in the Confiscation Act 1997;
S. 3 def. of specified offence amended by Nos 37/2014 s. 10(Sch. item 68.1(d)), 55/2014 s. 103.
specified offence means—
(a) an indictable offence that is punishable by at least 5 years imprisonment; or
(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
Note
See also section 5.
(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).
S. 3 def. of Victoria Police repealed by No. 37/2014 s. 10(Sch. item 68.1(e)).
4 Meaning of *fortification*
(1) For the purposes of this Act, a fortification is a structure, device, or combination of structures and devices that—
(a) forms part of or is attached to premises; and
(b) either—
(i) has, or could have, the effect of preventing uninvited entry to the premises or part of the premises; or
(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
(c) is beyond what is reasonably necessary to provide security for the ordinary lawful use of that kind of premises.
(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).
5 Descriptions of offences in the Schedule
In the Schedule, a description following a reference to a provision of an Act—
(a) is provided for convenience of reference only; and
(b) does not affect—
(i) the operation of the provision or this Act; or
(ii) the nature or elements of an offence against the provision; and
(c) must be disregarded if it is inconsistent with the provision.
Part 2—Fortification removal orders
Division 1—Applications for fortification removal orders
6 Chief Commissioner may apply for fortification removal order
The Chief Commissioner may apply to the Magistrates' Court for an order that a fortification must be removed or modified.
7 Form and content of application
(1) An application under section 6 must—
(a) be in writing; and
(b) state the grounds on which the fortification removal order is sought; and
Note
See section 11 for the grounds for making a fortification removal order.
(c) specify the premises from or at which a fortification is sought to be removed or modified; and
(d) identify the fortification that is sought to be removed or modified; and
(e) if the fortification is sought to be modified—specify details of the modifications sought; and
(f) state that an owner or occupier of the premises in respect of which the application is made may object to the application.
(2) An application must be accompanied by at least one affidavit that addresses the facts, matters and circumstances on which the application relies.
8 Serving application and affixing notice of application
(1) As soon as practicable after an application under section 6 is made, the Chief Commissioner must—
(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
Note
For service, see section 50.
(b) cause a notice of application to be affixed—
(i) to the entrance of the premises in respect of which the application is made; or
(ii) in a conspicuous place near that entrance.
(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.
(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.
(4) In this section—
notice of application means a notice that—
(a) includes the information required by section 7(1)(c), (d), (e) and (f); and
(b) states that it is an offence to obscure, damage or destroy the notice before the day after the application is finally determined.
9 Owner or occupier may object to application
(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.
(2) An objection must—
(a) be accompanied by at least one affidavit addressing the facts, matters and circumstances on which the objection relies; and
(b) be filed with the Magistrates' Court at least 7 days before the day on which the application is listed to be heard; and
(c) be served on the Chief Commissioner at least 5 days before the day on which the application is listed to be heard.
Note
For service, see section 50.
10 Court may extend or abridge the time within which an objection may be made
(1) The Magistrates' Court, by order, may extend or abridge the time within which an objection may be made under section 9.
(2) The Magistrates' Court may extend time under subsection (1) before or after the time expires.
(3) More than one extension of time may be granted under subsection (1).
Division 2—Determination of applications
11 Magistrates' Court may make fortification removal order
(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.
(2) The Magistrates' Court may make an order under subsection (1) if the Court is satisfied that—
(a) there is a fortification in place at the premises in respect of which the application is made; and
(b) there are reasonable grounds to believe the premises are being used, or have been used or are likely to be used—
(i) for or in connection with the commission of a specified offence; or
(ii) to conceal evidence of a specified offence; or
(iii) to keep the proceeds of a specified offence.
(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.
12 Order may be made in absence of objector
The 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.
13 Form of fortification removal order
A fortification removal order must specify—
(a) that the Magistrates' Court is satisfied of the matters referred to in section 11(2); and
(b) the premises from or at which the fortification is to be removed or modified; and
(c) the fortification that is to be removed or modified; and
(d) if the fortification is to be modified—the manner in which the fortification is to be modified; and
(e) that a fortification that must be removed must not be replaced or restored; and
(f) that a fortification that must be modified must not have that modification removed or undone; and
S. 13(g) amended by No. 37/2014 s. 10(Sch. item 68.2).
(g) that a police officer may enter and inspect the fortified premises in accordance with Part 3—
(i) while the order is in effect; or
(ii) under an inspection order after the order has ceased to have effect; and
S. 13(h) amended by No. 37/2014 s. 10(Sch. item 68.2).
(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
(i) that an owner or occupier of the fortified premises may—
(i) request that the Chief Commissioner extend the compliance period in accordance with section 18; or
(ii) apply to the Magistrates' Court for an order extending the compliance period in accordance with section 19; and
(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).
14 When fortification removal order takes effect
A fortification removal order takes effect on—
(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
(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.
15 Duration of fortification removal order
(1) A fortification removal order remains in effect for the period commencing on the day it takes effect under section 14 and ending on—
(a) the day that is 12 months after the day on which the compliance period ends in accordance with section 16; or
(b) if the order is withdrawn before that day—the day on which the order is withdrawn.
(2) A fortification removal order does not have effect for any period during which its operation is stayed by a court.
(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).
16 Compliance period
(1) The compliance period for a fortification removal order begins on the day that the order takes effect and ends on the later of—
(a) the day that is 3 months after the day on which the order takes effect; or
(b) the day specified by—
(i) the Chief Commissioner under section 18; or
(ii) the Magistrates' Court by order under section 22.
(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.
(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).
17 Serving and affixing fortification removal order
(1) As soon as practicable after a fortification removal order is made the Chief Commissioner must—
(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
Note
For service, see section 50.
(b) cause a copy of the order to be affixed—
(i) to the entrance of the fortified premises; or
(ii) in a conspicuous place near that entrance.
(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.
(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.
(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.
Division 3—Extension of compliance period
18 Chief Commissioner may extend compliance period
(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.
(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.
(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.
(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.
(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.
(6) More than one extension of time may be made under subsection (1).
19 Owner or occupier may apply to Magistrates' Court for extension of compliance period
(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.
(2) An application under subsection (1) may be made before or after the compliance period ends.
20 Form and content of application
(1) An application under section 19(1) must—
(a) be in writing; and
(b) state the grounds on which the order extending the compliance period is sought.
(2) An application must be accompanied by at least one affidavit that addresses the facts, matters and circumstances on which the application relies.
21 Service of application on Chief Commissioner
An 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.
Note
For service, see section 50.
22 Magistrates' Court may extend compliance period
(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.
(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.
Division 4—Withdrawal of fortification removal order
23 Withdrawal of fortification removal order
(1) The Chief Commissioner may withdraw a fortification removal order by filing a notice of withdrawal with the Magistrates' Court.
(2) The notice of withdrawal must—
(a) identify the fortification removal order to be withdrawn; and
(b) specify the fortified premises to which the order relates; and
(c) state that the Chief Commissioner is satisfied that the order is no longer necessary.
(3) On the notice of withdrawal being filed with the Magistrates' Court, the fortification removal order ceases to have effect.
24 Affixing notice of withdrawal
As 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—
(a) to the entrance of the premises to which the order applied; or
(b) in a conspicuous place near that entrance.
Part 3—Inspections
Division 1—Authority to inspect while fortification removal order is in effect
S. 25 amended by No. 37/2014 s. 10(Sch. item 68.2).
25 Inspecting fortified premises while fortification removal order is in effect
While a fortification removal order is in effect, a police officer is authorised to—
(a) enter and inspect fortified premises in accordance with Division 3 to determine whether—
(i) a fortification has been removed or modified as required under the order; or
(ii) a fortification that was removed as required under the order has been replaced or restored; or
(iii) a fortification that was modified as required under the order has had the modification removed or undone; or
(iv) another fortification has been constructed or installed on the premises; and
(b) while at the premises, do anything that is reasonably necessary to make a determination referred to in paragraph (a).
Division 2—Inspection orders for inspecting after fortification removal order ceases to have effect
26 Chief Commissioner may apply for inspection order after fortification removal order ceases to have effect
(1) This section applies if a fortification removal order has ceased to have effect.
S. 26(2) amended by No. 37/2014 s. 10(Sch. item 68.2).
(2) The Chief Commissioner may apply to the Magistrates' Court for an order authorising a police officer to enter and inspect the fortified premises.
(3) The Chief Commissioner must not make an application more than 3 years after the day on which the order ceased to have effect.
27 Form and content of application
(1) An application under section 26 must—
(a) be in writing; and
(b) state the grounds on which the inspection order is sought; and
(c) specify the premises that are sought to be inspected.
(2) An application must be accompanied by at least one affidavit that addresses the facts, matters and circumstances on which the application relies.
28 Affixing notice of application
(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—
(a) to the entrance of the fortified premises; or
(b) in a conspicuous place near that entrance.
(2) In subsection (1)—
notice of application means a notice that—
(a) includes the prescribed information; and
(b) states that—
(i) an owner or occupier of the premises in respect of which the application is made may object to the application; and
(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.
29 Owner or occupier may object to application
(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.
(2) An objection must—
(a) be accompanied by at least one affidavit addressing the facts, matters and circumstances on which the objection relies; and
(b) be filed with the Magistrates' Court at least 7 days before the day on which the application is listed to be heard; and
(c) be served on the Chief Commissioner at least 5 days before the day on which the application is listed to be heard.
Note
For service, see section 50.
30 Court may extend or abridge the time within which an objection may be made
(1) The Magistrates' Court, by order, may extend or abridge the time within which an objection may be made under section 29.
(2) The Magistrates' Court may extend time under subsection (1) before or after the time expires.
(3) More than one extension of time may be granted under subsection (1).
31 Order may be made in absence of objector
The 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.
32 Magistrates' Court may make inspection order
S. 32(1) amended by No. 37/2014 s. 10(Sch. item 68.2).
(1) The Magistrates' Court, on an application under section 26, may order that a police officer is authorised to—
(a) enter and inspect fortified premises in accordance with Division 3 to determine whether—
(i) a fortification that was removed as required under the order has been replaced or restored; or
(ii) a fortification that was modified as required under the order has had the modification removed or undone; or
(iii) another fortification has been constructed or installed on the premises; and
(b) while at the premises, do anything that is reasonably necessary to make a determination referred to in paragraph (a).
(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.
33 Form of inspection order
(1) An inspection order must specify—
(a) the fortified premises to be entered and inspected; and
S. 33(1)(b) amended by No. 37/2014 s. 10(Sch. item 68.2).
(b) subject to subsection (2), the period during which a police officer is authorised to inspect the premises; and
(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).
(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.
34 Affixing inspection order
As soon as practicable after an inspection order is made, the Chief Commissioner must cause a copy of the order to be affixed—
(a) to the entrance of the fortified premises; or
(b) in a conspicuous place near that entrance.
Division 3—Conduct of inspections
35 Power to inspect and enter fortified premises
S. 35(1) amended by No. 37/2014 s. 10(Sch. item 68.3(a)).
(1) This section applies if a police officer is authorised to enter and inspect fortified premises under—
(a) section 25; or
(b) an inspection order.
S. 35(2) amended by No. 37/2014 s. 10(Sch. item 68.3(a)).
(2) A police officer may, without warrant, enter and inspect the fortified premises on—
(a) if the inspection is authorised under section 25—any day on which the fortification removal order is in effect; or
(b) if the inspection is authorised under an inspection order—any day that is within the period specified in the order.
S. 35(3) amended by No. 37/2014 s. 10(Sch.
item 68.3(b)(i)).
(3) Before any police officer enters the fortified premises, a police officer must—
S. 35(3)(a) amended by No. 37/2014 s. 10(Sch. item 68.3(b)(ii)).
(a) announce that police officers are authorised to enter and inspect the premises; and
(b) state the basis of that authority; and
(c) give anyone at the premises a reasonable opportunity to permit entry to the premises.
S. 35(4) amended by No. 37/2014 s. 10(Sch. item 68.3(c)).
(4) If permission to enter the premises is not given, a police officer may use reasonable force to gain entry.
Part 4—Enforcement of fortification removal orders
36 Enforcement notice
(1) This section applies if—
(a) a fortification removal order is in effect but the compliance period has ended; and
(b) the fortification has not been removed or modified as required by the order.
S. 36(2) amended by No. 37/2014 s. 10(Sch. item 68.4).
(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—
(a) to the entrance of the fortified premises; or
(b) in a conspicuous place near that entrance.
(3) The notice must—
S. 36(3)(a) amended by No. 37/2014 s. 10(Sch. item 68.4).
(a) specify the day or days on which a police officer will exercise powers under section 37; and
(b) state that it is an offence to obscure, damage or destroy the notice before the day after—
(i) the last day specified under paragraph (a); or
(ii) if the fortification removal order ceases to have effect before that day—the day on which the order ceases to have effect.
37 Enforcement powers
S. 37(1) amended by No. 37/2014 s. 10(Sch. item 68.5(a)).
(1) On a day specified in the notice under section 36(3)(a), a police officer may do any of the following—
(a) enter the fortified premises without a warrant;
(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;
(c) do anything reasonably necessary, with or without the assistance of a person who is brought onto the premises under paragraph (b), to—
(i) remove the fortifications that the order requires to be removed; and
(ii) modify, in the manner specified in the order, the fortifications that the order requires to be modified;
(d) leave and return to the premises.
S. 37(2) amended by No. 37/2014 s. 10(Sch. item 68.5(b)(i)).
(2) Before any police officer enters the fortified premises, a police officer must—
S. 37(2)(a) amended by No. 37/2014 s. 10(Sch. item 68.5(b)(ii)).
(a) announce that police officers are authorised to enter the premises and enforce the fortification removal order; and
(b) state the basis of that authority; and
(c) state that it is an offence to obstruct or hinder the enforcement of the fortification removal order; and
Note
See section 44.
(d) give anyone at the premises an opportunity to permit entry to the premises.
S. 37(3) amended by No. 37/2014 s. 10(Sch. item 68.5(c)).
(3) A police officer may use reasonable force—
(a) to gain entry if permission to enter the premises is not given; and
(b) to exercise any other power under subsection (1).
S. 37(4) amended by No. 37/2014 s. 10(Sch. item 68.5(c)).
(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.
S. 37(5) amended by No. 37/2014 s. 10(Sch. item 68.5(c)).
(5) A police officer must not exercise a power under this section unless the fortification removal order is in effect.
38 Power to direct obstructive person to leave fortified premises
S. 38(1) amended by No. 37/2014 s. 10(Sch. item 68.6).
(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—
S. 38(1)(a) amended by No. 37/2014 s. 10(Sch. item 68.6).
(a) a police officer in the exercise of a power under section 37; or
S. 38(1)(b) amended by No. 37/2014 s. 10(Sch. item 68.6).
(b) a person who is assisting a police officer to remove or modify a fortification under section 37(1)(c).
S. 38(2) amended by No. 37/2014 s. 10(Sch. item 68.6).
(2) The police officer may direct the person to leave the fortified premises in the manner directed.
(3) A direction under subsection (2)—
(a) may be given orally or in writing; and
(b) must be reasonable in all the circumstances.
39 Power to use reasonable force to remove person from fortified premises
S. 39(1) amended by No. 37/2014 s. 10(Sch. item 68.6).
(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.
S. 39(2) amended by No. 37/2014 s. 10(Sch. item 68.6).
(2) Nothing in this section limits any powers of arrest that a police officer has under any other law.
40 Chief Commissioner may recover cost of removing or modifying fortifications
The 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.
41 Removed material forfeited to the Crown
(1) The following are forfeited to the Crown—
(a) a fortification that is removed from fortified premises under section 37;
(b) material that is removed from a fortification in the course of modifying that fortification under section 37.
(2) The Chief Commissioner may sell, destroy or otherwise dispose of a fortification or material that is forfeited to the Crown under subsection (1).
42 Exemption from certain laws
(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.
(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.
Part 5—Offences
S. 43 amended by No. 37/2014 s. 10(Sch. item 68.6).
43 Obstructing inspection of fortified premises
A person must not, without reasonable excuse, hinder or obstruct a police officer who is exercising a power under section 35.
Penalty: 240 penalty units or imprisonment for 2 years or both.
44 Obstructing enforcement of fortification removal order
S. 44(1) amended by No. 37/2014 s. 10(Sch. item 68.6).
(1) A person must not, without reasonable excuse, hinder or obstruct a police officer who is exercising a power under section 37.
Penalty: 240 penalty units or imprisonment for 2 years or both.
S. 44(2) amended by No. 37/2014 s. 10(Sch. item 68.6).
(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).
Penalty: 240 penalty units or imprisonment for 2 years or both.
45 Failure to comply with direction to leave fortified premises
A person must not, without reasonable excuse, refuse or fail to comply with a direction given to the person under section 38.
Penalty: 20 penalty units.
S. 46 amended by No. 37/2014 s. 10(Sch. item 68.6).
46 Obstructing removal of person from premises
A person must not, without reasonable excuse, hinder or obstruct a police officer who is removing another person from fortified premises under section 39.
Penalty: 60 penalty units or imprisonment for 6 months or both.
47 Interfering with affixed documents
(1) A person must not, without reasonable excuse, obscure, damage or destroy an affixed document before the applicable day.
Penalty: 120 penalty units or imprisonment for 1 year or both.
(2) In subsection (1)—
affixed document means—
(a) a notice of application that is affixed in accordance with section 8(1)(b);
(b) a copy of a fortification removal order that is affixed under section 17(1)(b);
(c) a notice of application that is affixed in accordance with section 28(1);
(d) a copy of an inspection order that is affixed in accordance with section 34;
(e) a notice of enforcement that is affixed in accordance with section 36(2);
applicable day, for an affixed document, means the day after—
(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;
(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;
(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;
(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);
(e) in the case of a notice of enforcement that is affixed in accordance with section 36(2)—
(i) the last day specified in the notice under section 36(3)(a); or
(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.
48 Constructing or installing fortification on certain premises
A 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—
(a) for or in connection with the commission of a specified offence; or
(b) to conceal evidence of a specified offence; or
(c) to keep the proceeds of a specified offence.
Penalty: In the case of an individual, 60 penalty units or imprisonment for 6 months or both;
In the case of a body corporate, 300 penalty units.
49 Constructing or installing fortification on certain premises if fortification removal order previously made
A person must not construct or install a fortification on premises if—
(a) the premises are or have been subject to a fortification removal order; and
(b) the person knows, or ought reasonably to know, that the premises are or have been subject to a fortification removal order; and
(c) the person knows, or ought reasonably to know, that the premises are being used, or are likely to be used—
(i) for or in connection with the commission of a specified offence; or
(ii) to conceal evidence of a specified offence; or
(iii) to keep the proceeds of a specified offence.
Penalty: In the case of an individual, 240 penalty units or imprisonment for 2 years or both;
In the case of a body corporate, 1200 penalty units.
Part 6—General
50 Service
(1) For the purposes of this Act, if a document is to be served on an owner of premises—
(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
(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
(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
(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
(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—
(i) by leaving a copy of the document at the registered office or principal place of business of the body or association; or
(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.
(2) For the purposes of this Act, if a document is to be served on the Chief Commissioner it must be served—
(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
(b) in any other case—
(i) by delivering it personally to the Chief Commissioner; or
(ii) by sending it by prepaid ordinary post to the Chief Commissioner at his or her office address; or
(iii) by leaving it at the Chief Commissioner's office address with an individual on the premises who is apparently employed there.
51 Delegation
S. 51(1) amended by No. 37/2014 s. 10(Sch. item 68.7(a)).
(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.
S. 51(2) amended by No. 37/2014 s. 10(Sch. item 68.7(b)).
(2) Subsection (1) does not limit section 19 of the Victoria Police Act 2013.
52 Immunity
S. 52(1) amended by No. 37/2014 s. 10(Sch. item 68.8).
(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—
S. 52(1)(a) amended by No. 37/2014 s. 10(Sch. item 68.8).
(a) in the course of assisting the police officer; or
S. 52(1)(b) amended by No. 37/2014 s. 10(Sch. item 68.8).
(b) in the reasonable belief that the act or omission was in the course of assisting the police officer.
(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.
(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.
Note to s. 52 repealed by No. 37/2014 s. 10(Sch. item 68.9).
53 Regulations
(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.
(2) Regulations made under this Act may—
(a) be of general or limited application;
(b) differ according to differences in time, place or circumstance;
(c) confer a discretionary authority or impose a duty on a specified person or body or a specified class of person or body.
Schedule
Specified offences
Note to Sch. inserted by No. 55/2014 s. 104(1).
Note
In relation to provisions in the Crimes Act 1958, see paragraph (c) of the definition of specified offence in section 3.
1 Classification (Publications, Films and Computer Games) (Enforcement) Act 1995
1.1 Section 15(2) (sale of a commercial quantity of X 18+ films).
1.2 Section 23A(4) (possession of a commercial quantity of X 18+ films with the intention of selling or exhibiting them).
1.3 Section 23A(5) (copying a commercial quantity of X 18+ films with the intention of selling or exhibiting them).
1.4 Section 24(1) (making an objectionable film).
1.5 Section 32(1) (producing an objectionable publication).
2 Control of Weapons Act 1990
2.1 Section 5(1) (importing, manufacturing, displaying or advertising for sale a prohibited weapon without an exemption or approval).
2.2 Section 5(1A) (possessing, carrying or using a prohibited weapon in licensed premises without an exemption or approval).
Sch. item 3 repealed by No. 55/2014 s. 104(2)(a).
4 Dangerous Goods Act 1985
4.1 Section 54(5) (dealing with an unauthorised explosive).
Sch. item 5 repealed by No. 55/2014 s. 104(2)(b).
6 Firearms Act 1996
Sch. item 6.1 repealed by No. 55/2014 s. 104(2)(c).
6.2 Section 6(1) (non-prohibited person possessing, carrying or using a registered category A longarm without a licence).
6.3 Section 6(2) (non-prohibited person possessing, carrying or using a registered category B longarm without a licence).
6.4 Section 6(3) (non-prohibited person possessing, carrying or using a registered category C longarm without a licence).
6.5 Section 6(4) (non-prohibited person possessing, carrying or using a registered category D longarm without a licence).
Sch. item 6.6 repealed by No. 55/2014 s. 104(2)(c).
6.7 Section 6(6) (non-prohibited person possessing, carrying or using other longarm).
6.8 Section 6A(1) (non-prohibited person possessing, carrying or using an unregistered category A or B longarm).
6.9 Section 6A(2) (non-prohibited person possessing, carrying or using an unregistered category C or D longarm).
Sch. item 6.10 repealed by No. 55/2014 s. 104(2)(c).
6.11 Section 7(1) (non-prohibited person possessing, carrying or using a registered general category handgun without a licence).
Sch. item 6.12 repealed by No. 55/2014 s. 104(2)(c).
6.13 Section 7(3) (non-prohibited person possessing, carrying or using a registered pre-1947 general category handgun for collection purposes without a licence).
Sch. item 6.14 repealed by No. 55/2014 s. 104(2)(c).
6.15 Section 7(5) (non-prohibited person possessing, carrying or using a registered general category handgun for collection purposes without a licence).
Sch. item 6.16 repealed by No. 55/2014 s. 104(2)(c).
6.17 Section 7A(1) (holder of handgun target shooting licence possessing, carrying or using certain types of handguns).
Sch. item 6.18 repealed by No. 55/2014 s. 104(2)(c).
6.19 Section 36(1) (holder of longarm licence for category A or B longarms contravening a condition of the licence).
6.20 Section 36(2) (holder of licence for category C or D longarms or general category handguns contravening a condition of the licence).
6.21 Section 36(3) (holder of licence for category E longarms or category E handguns contravening a condition of the licence).
6.22 Section 45(3) (disposing of category A or B longarm other than to a licensed firearms dealer).
6.23 Section 45(4) (disposing of category C or D longarm, or general category handgun, other than to a licensed firearms dealer).
6.24 Section 45(5) (disposing of category E longarm, or category E handgun, other than to a licensed firearms dealer).
6.25 Section 53(1) (failing to surrender firearm or cartridge ammunition once a licence is suspended or cancelled).
6.26 Section 57(1) (non-prohibited person possessing, carrying or using a silencer without, or in contravention of, a permit).
6.27 Section 57A(1) (holder of handgun security guard licence possessing, carrying or using restricted ammunition without, or in contravention of, a permit).
6.28 Section 59(1) (being a firearms dealer in category A or B longarms or paintball markers without, or in contravention of, a licence).
6.29 Section 59(2) (being a firearms dealer in other firearms without, or in contravention of, a licence).
6.30 Section 83 (failing to surrender firearms or cartridge ammunition once a dealers licence is suspended or cancelled).
6.31 Section 93(1) (licensed firearms dealer acquiring a category A or B longarm other than from a specified person).
6.32 Section 93(2) (licensed firearms dealer acquiring a category C or D longarm, or a general category handgun, other than from a specified person).
6.33 Section 93(3) (licensed firearms dealer acquiring other firearm other than from a specified person).
6.34 Section 94(1) (licensed firearms dealer disposing of a category A or B longarm other than to a specified person).
6.35 Section 94(2) (licensed firearms dealer disposing of a category C or D longarm or general category handgun other than to a specified person).
6.36 Section 94(3) (licensed firearms dealer disposing of other firearm other than to a specified person).
6.37 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).
6.38 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).
Sch. items 6.39, 6.40 repealed by No. 55/2014 s. 104(2)(c).
6.41 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).
6.42 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).
Sch. items 6.43, 6.44 repealed by No. 55/2014 s. 104(2)(c).
6.45 Section 98(1) (person who is not a licensed firearms dealer taking possession of a firearm without personally receiving it).
6.46 Section 98(2) (person who is not a licensed firearms dealer giving possession of a firearm without personally giving it).
6.47 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).
6.48 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).
6.49 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).
6.50 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).
6.51 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).
6.52 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).
6.53 Section 101B(1) (providing financial accommodation for the illegal acquisition or disposal of a category A or B longarm).
6.54 Section 101B(2) (providing financial accommodation for the illegal acquisition or disposal of a category C or D longarm or a general category handgun).
Sch. item 6.55 repealed by No. 55/2014 s. 104(2)(c).
6.56 Section 102(1) (acquiring a category A or B longarm without a permit).
6.57 Section 102(2) (acquiring a category C or D longarm without a permit).
Sch. item 6.58 repealed by No. 55/2014 s. 104(2)(c).
6.59 Section 102(3) (acquiring a category E longarm without a permit).
Sch. item 6.59A inserted by No. 2/2018 s. 41(a).
6.59A 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).
Sch. item 6.59B inserted by No. 2/2018 s. 41(a).
6.59B Section 112O(1) (offence for a person to whom a firearm prohibition order applies to enter or remain on certain premises).
6.60 Section 121(1) (improperly storing a firearm that is possessed under a longarm licence for a category A or B longarm).
6.61 Section 121(1A) (improperly storing cartridge ammunition that is possessed under a longarm licence for a category A or B longarm).
Sch. item 6.61A inserted by No. 2/2018 s. 41(b).
6.61A Section 121(1B) (improperly storing a paintball marker).
6.62 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).
6.63 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).
6.64 Section 121(3) (improperly storing a firearm that is possessed under a licence for a category E handgun or a category E longarm).
6.65 Section 121(3A) (improperly storing cartridge ammunition that is possessed under a licence for a category E handgun or a category E longarm).
6.66 Section 123(1) (improperly storing a category A or B longarm that is possessed under a dealers licence).
Sch. item 6.66A inserted by No. 2/2018 s. 41(c).
6.66A Section 123(1A) (improperly storing a paintball marker that is possessed under a dealers licence).
6.67 Section 123(2) (improperly storing a category C or D longarm, or a general category handgun, that is possessed under a dealers licence).
6.68 Section 123(3) (improperly storing a category E handgun, or a category E longarm, that is possessed under a dealers licence).
6.69 Section 123(4) (improperly storing ammunition that is possessed under a dealers licence).
6.70 Section 125 (disposing of cartridge ammunition to an unauthorised person).
6.71 Section 126(1) (carrying or using a category A or B longarm without keeping it safe).
6.72 Section 126(2) (carrying or using a category C or D longarm, or a general category handgun, without keeping it safe).
6.73 Section 126(3) (carrying or using a category E longarm, or a category E handgun, without keeping it safe).
6.74 Section 126(4) (carrying or using cartridge ammunition without keeping it safe).
6.75 Section 127(1) (permitting a category A or B longarm to be carried or used by an unauthorised person).
6.76 Section 127(2) (permitting a category C or D longarm to be carried or used by an unauthorised person).
6.77 Section 127(3) (permitting a category E longarm to be carried or used by an unauthorised person).
6.78 Section 128 (damaging property with a firearm).
6.79 Section 129 (using a firearm in a dangerous manner).
6.80 Section 129A (unlicensed person storing a firearm or cartridge ammunition in an insecure manner).
6.81 Section 130(1) (carrying or using a firearm in certain places).
6.82 Section 131(1) (possessing, carrying or using a firearm on private property without consent).
6.83 Section 132(1) (carrying or using a firearm while intoxicated).
6.84 Section 132(2) (concealing a firearm for the purpose of committing an indictable offence).
6.85 Section 133 (disposing of a firearm to an intoxicated person).
6.86 Section 134(1) (shortening the barrel of a longarm).
6.87 Section 134(2) (altering an inoperable firearm so it can discharge any shot, bullet or missile).
Sch. item 6.88 repealed by No. 55/2014 s. 104(2)(c).
6.89 Section 134(4) (destroying, or rendering inoperable, a firearm or other item without the Chief Commissioner's approval).
6.90 Section 134C(1) (possessing a firearm on which there is no serial number).
6.91 Section 135(1) (owning a category A or B longarm without a licence to possess it).
6.92 Section 135(2) (owning a category C or D longarm, or a general category handgun, without a licence to possess it).
6.93 Section 135(3) (owning a category E longarm, or a category E handgun, without a licence to possess it).
6.94 Section 136 (disposing of a firearm to a minor).
6.95 Section 137(1) (altering the particulars on a licence, permit, certificate or other document).
6.96 Section 138 (making a false entry in a register or other record).
6.97 Section 140A(1) (making a false or misleading statement in making an application).
6.98 Section 140A(2) (being false or misleading in providing identification).
6.99 Section 140A(3) (making a false or misleading statement in supporting an application).
Sch. item 7 amended by No. 55/2014 s. 104(2)(d), repealed by No. 7/2022 s. 70.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 18 April 2013
Legislative Council: 22 August 2013
The 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."
The 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.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes 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.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All 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).
• Examples, diagrams or notes
All 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).
• Punctuation
All 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).
• Provision numbers
All 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).
• Location of "legislative items"
A "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.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Fortification Removal Act 2013 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date:
3.6.14
Commencement Date:
S. 10(Sch. item 68) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:
This information relates only to the provision/s amending the Fortification Removal Act 2013
Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014
Assent Date:
26.8.14
Commencement Date:
Ss 103, 104 on 1.10.14: Special Gazette (No. 330) 23.9.14 p. 1
Current State:
This information relates only to the provision/s amending the Fortification Removal Act 2013
Firearms Amendment Act 2018, No. 2/2018
Assent Date:
13.2.18
Commencement Date:
S. 41 on 9.5.18: Special Gazette (No. 209) 8.5.18 p. 1
Current State:
This information relates only to the provision/s amending the Fortification Removal Act 2013
Sex Work Decriminalisation Act 2022, No. 7/2022
Assent Date:
1.3.22
Commencement Date:
S. 70 on 1.12.23: s. 2(3)
Current State:
This information relates only to the provision/s amending the Fortification Removal Act 2013