Victorian Current Acts

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FORTIFICATION REMOVAL ACT 2013 - SECT 47

Interfering with affixed documents

    (1)     A person must not, without reasonable excuse, obscure, damage or destroy an affixed document before the applicable day.

Penalty:     120 penalty units or imprisonment for 1 year or both.

    (2)     In subsection (1)—

"affixed document" means—

        (a)     a notice of application that is affixed in accordance with section 8(1)(b) ;

        (b)     a copy of a fortification removal order that is affixed under section 17(1)(b) ;

        (c)     a notice of application that is affixed in accordance with section 28(1) ;

        (d)     a copy of an inspection order that is affixed in accordance with section 34;

        (e)     a notice of enforcement that is affixed in accordance with section 36(2) ;

"applicable day", for an affixed document, means the day after—

        (a)     in the case of a notice of application that is affixed in accordance with section 8(1)(b)—the day on which the application is finally determined;

        (b)     in the case of a copy of a fortification removal order that is affixed under section 17(1)(b)—the day on which the order ceases to have effect;

        (c)     in the case of a notice of application that is affixed in accordance with section 28(1)—the day on which the application is finally determined;

        (d)     in the case of a copy of an inspection order that is affixed in accordance with section 34—the last day of the period specified in the order under section 33(1)(b);

        (e)     in the case of a notice of enforcement that is affixed in accordance with section 36(2)

              (i)     the last day specified in the notice under section 36(3)(a); or

              (ii)     if the fortification removal order to which the notice of enforcement relates ceases to have effect before that day—the day on which that order ceases to have effect.



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