Western Australian Current Acts Western Australian Current Acts (1) If a fortification
removal notice relating to premises has been issued, the owner or an
interested person may, within 7 days after the day on which the notice is
given to the owner of the premises, apply to the Supreme Court for a review of
whether, having regard to the submissions, if any, made before the submission
period elapsed and any other information that the Commissioner of Police took
into consideration, the Commissioner of Police could have reasonably had the
belief required by section 72(2) when issuing the notice.
(2) The Commissioner
of Police may identify any information provided to the court for the purposes
of the review as confidential if its disclosure might prejudice the operations
of the Commissioner of Police, and information so identified is for the
court’s use only and is not to be disclosed to any other person, whether
or not a party to the proceedings, or publicly disclosed in any way.
(3) An application for
review under this section cannot be made if an application has previously been
made by any person for the review of the same matter.
(4) When the
application for review is made, the period within which fortifications can be
removed or modified in accordance with the fortification removal notice is
extended to the seventh day after the day on which the application for review
is finally disposed of by the court.
(5) The court may
decide whether or not the Commissioner of Police could have reasonably had the
belief required by section 72(2) when issuing the notice.
(6) If the court
decides that the Commissioner of Police could not have reasonably had the
belief required by section 72(2) when issuing the notice, the notice ceases to
have effect.
(7) The decision of
the court on an application for review under this section is final but does
not prevent the Commissioner of Police from issuing a further notice under
this Division relating to the same premises where there is fresh evidence.
[Section 76 inserted: No. 78 of 2003 s. 17.]