23Commissioner may apply for inspection order after fortification removal order ceases to have effect

23 Commissioner may apply for inspection order after fortification removal order ceases to have effect

(1)  If a fortification removal order has ceased to have effect in respect of premises, the Commissioner may apply to a court of petty sessions for an order authorising a police officer to enter and inspect those premises.

(2)  An application under subsection (1) 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.

(3)  An application must be accompanied by –

(a) at least one affidavit that addresses the facts, matters and circumstances on which the application relies; and

(b) a copy of the most recent fortification removal order that previously applied in respect of the premises.

(4)  An application under subsection (1) may not be made in respect of a fortification removal order if 3 years or more have passed since the fortification removal order has ceased to have effect.