Queensland Consolidated Acts

PEACE AND GOOD BEHAVIOUR ACT 1982 - SECT 60

60 Court may make fortification removal order

(1) The court may make a fortification removal order for stated premises if the court is satisfied—

(a) the premises have a fortification; and

(b) the fortified premises are either—

(i) being, have been or are likely to be, used for or in connection with serious criminal activity, or to conceal evidence of, or to keep proceeds of, serious criminal activity; or

(ii) owned or habitually occupied or used by a criminal organisation, participants in a criminal organisation, recognised offenders, or associates of recognised offenders; and

(c) the extent or nature of the fortification is excessive for lawful use of that type of premises; and

(d) making the order is appropriate in the circumstances.

(2) In considering whether or not to make the order, the court must have regard to the following—

(a) the extent to which the premises are open to the public, or used by the public, whether on payment or otherwise;

(b) the extent to which making the order will reduce the risk to public safety caused by habitual use of the premises by people mentioned in subsection (1) (b) ;

(c) the extent to which making the order will assist in achieving the objects of this Act.

(3) The court may also consider anything else the court considers relevant.

(4) The fortification removal order may be made whether or not the respondent is present or makes submissions.

Note—

See section 58 (4) (c) for service requirements for an application to make a fortification removal order.

(5) The fortification removal order must state—

(a) the premises and the fortification; and

(b) the time or the period within which the fortification must be removed or modified; and

(c) if the order requires the fortification to be modified—details of the modification.