4Meaning of fortification

4 Meaning of fortification

(1)  For the purposes of this Act, a fortification is a structure or device, or a combination of structures and devices, that –

(a) forms part of, or is attached to, premises; and

(b) is beyond what is reasonably necessary to provide security for the ordinary lawful use of that kind of premises; and

(c) 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.

(2)  For the purposes of subsection (1) , an electronic surveillance device (such as closed-circuit television equipment, a night-vision camera or motion sensor) is a device that may be a fortification.

(3)  For the avoidance of doubt, this Act applies in relation to a fortification in place on premises, whether or not the fortification was in place before or after the commencement of this Act.