13L. Powers to issue and enforce abatement orders

the Director-General is satisfied after considering any complaint and the evidence and information obtained by the community relations officer or auxiliary community relations officer under section 13I or 13J (as the case may be) that the suspected individual or another individual residing in the same place of residence was responsible for the act or omission causing unreasonable interference;

the suspected individual or another individual residing in the same place of residence was given a reasonable opportunity to make representations to the Director-General; and

the suspected individual or another individual residing in the same place of residence was previously issued a written warning to cease that act or omission causing unreasonable interference but failed to do so.

has reasonable grounds to believe that the act or omission causing unreasonable interference mentioned in subsection (1)(a) poses a serious and imminent threat or risk to the mental or physical health or welfare of other persons in the vicinity of the place of residence; and

is satisfied that it is impracticable in the circumstances of the particular case for the requirements in subsection (1)(b) and (c) to be complied with,the Director-General may issue an abatement order in writing under subsection (1) without complying with subsection (1)(b) and (c) except that a reasonable opportunity to make representations to the Director-General must be given immediately after the abatement order is issued.

require the individual specified in the abatement order to stop or to take any reasonable steps to stop any act specified in the order within a reasonable time specified in the order;

require the individual specified in the abatement order to take any reasonable steps to stop any act, specified in the order, by any other individual residing in the same place of residence within a reasonable time specified in the order;

require any other specified steps to be taken to abate the act or omission causing unreasonable interference; and

impose any conditions that the Director-General thinks fit.

to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; and

in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

an individual has, without any reasonable excuse, failed (in whole or in part) to comply with an abatement order within the time specified in the order; (b)at least 2 written warnings have been given to the individual to comply with the order; and

in the case where any instrument or object was used to cause the unreasonable interference, the removal of the instrument or object will reduce the unreasonable interference.

to enter a place of residence at any reasonable time of the day (with or without the consent of the owner or occupier of the place of residence) for the purpose of taking reasonable steps to abate or investigate the act or omission causing unreasonable interference; (b)to require an owner or occupier of the place of residence to produce and surrender any instrument or object suspected to have been used to cause the unreasonable interference;

to take reasonable steps, with or without the consent of the owner or occupier of the place of residence —

to abate or investigate the act or omission causing unreasonable interference in any appropriate manner; or

to seize and remove any instrument or object suspected to have been used to cause the unreasonable interference;

to retain or dispose of, in accordance with regulations made under section 13Z, any instrument or object that has been seized or removed under paragraph (c)(ii).

has reasonable grounds to believe that the failure to comply with an abatement order mentioned in subsection (6)(a) poses a serious and imminent threat or risk to the mental or physical health or welfare of other persons in the vicinity of the place of residence; and

is satisfied that it is impracticable in the circumstances of the particular case for the requirement in subsection (6)(b) to be complied with,the Director-General may authorise in writing a community relations officer to exercise any of the powers set out in subsection (7) without complying with subsection (6)(b).