Queensland Consolidated Acts

PEACE AND GOOD BEHAVIOUR ACT 1982 - SECT 58

58 Senior police officer may apply for fortification removal order

(1) A senior police officer may apply to a court for a fortification removal order for stated premises.

(2) The application must state the following—

(a) details sufficient to identify the premises and the fortification;

(b) details sufficient to identify the owner and occupier of the premises;

(c) the grounds on which the order is sought, being grounds mentioned in section 60 to the extent they are relevant to the application;

(d) the information supporting the grounds;

(e) details of any previous application for a fortification removal order in relation to—

(i) the premises mentioned in paragraph (a) ; or

(ii) an owner or occupier mentioned in paragraph (b) ;

(f) that an owner or occupier of the premises may file a response to the application under section 59 .

(3) The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.

(4) The application, with any accompanying affidavit, must—

(a) be filed; and

(b) on filing, state as the return date a day within 35 days after the filing; and

(c) after being filed, be served by a police officer on the respondent—

(i) by personal service within 7 business days after the filing; or

(ii) if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.