7Commissioner may apply for fortification removal order

7 Commissioner may apply for fortification removal order

(1)  The Commissioner may apply to a court of petty sessions for an order that a fortification on premises must be removed or modified, if the Commissioner reasonably believes that the premises are being used, or have been 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.

(2)  An application under subsection (1) is to –

(a) be in writing; and

(b) state the grounds on which the order is sought; and

(c) specify the premises from or at which a fortification is sought to be removed or modified under the order; and

(d) identify the fortification that is sought to be removed or modified under the order; and

(e) if a modification of a fortification is sought – specify details of the modification 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.

(3)  An application must be accompanied by at least one affidavit that addresses the facts, matters and circumstances on which the application relies.