49Taking action to forestall security threats if directions not complied with

### 49 Taking action to forestall security threats if directions not complied with > > (1)  This section applies if – > > > > > > (a) the holder of an SSDS permit (in this section referred to as "the delinquent permit holder") fails to comply with a direction under [section 45](#GS45@EN) ; and > > > > > > > (b) [*\[Section 49 Subsection (1) amended by No. 2 of 2012, s. 88, Applied:01 Jan 2013\]*](/view/html/inforce/2013-01-01/act-2012-002#GS88@Hpa@EN) the regulator, having regard to the nature of the direction and the nature, seriousness and urgency of the relevant security threat, believes on reasonable grounds that the failure to comply poses a clear and present danger to State security or public safety. > > > (2)  [*\[Section 49 Subsection (2) amended by No. 2 of 2012, s. 88, Applied:01 Jan 2013\]*](/view/html/inforce/2013-01-01/act-2012-002#GS88@Hpc@EN) [*\[Section 49 Subsection (2) amended by No. 2 of 2012, s. 88, Applied:01 Jan 2013\]*](/view/html/inforce/2013-01-01/act-2012-002#GS88@Hpb@EN) The regulator, or an authorised officer acting with the express approval of the regulator, may – > > > > > > (a) enter and remain on premises to which the direction applies without consent or a warrant (if necessary using assistance and reasonable force) even if the premises are unattended or a residence; and > > > > > > > (b) stop all or part of a restricted activity from being carried out on the premises; and > > > > > > > (c) secure any SSDS on the premises (if necessary by temporarily removing the SSDS and its container to a secure facility); and > > > > > > > (d) take all or any of the actions that were supposed to have been taken in respect of the premises pursuant to the direction; and > > > > > > > (e) [*\[Section 49 Subsection (2) amended by No. 2 of 2012, s. 88, Applied:01 Jan 2013\]*](/view/html/inforce/2013-01-01/act-2012-002#GS88@Hpd@EN) take any other actions that the regulator (or authorised officer) considers on reasonable grounds to be necessary or expedient to forestall the security threat. > > > (3)  [*\[Section 49 Subsection (3) amended by No. 2 of 2012, s. 88, Applied:01 Jan 2013\]*](/view/html/inforce/2013-01-01/act-2012-002#GS88@Hpe@EN) The costs, if any, reasonably incurred by the regulator (or authorised officer) in acting to forestall the security threat under [subsection (2)](#GS49@Gs2@EN) may be recovered from the delinquent permit holder as a debt due to the Crown.