RTA · Safer Communities and Neighbourhoods Act
Part 1 — Safer Communities and Neighbourhoods
7 When Court may make community safety order
(a) it is satisfied that
(i) activities have been occurring on or near the property
named in the application that give rise to a reasonable
inference that it is being habitually used for a specified
use, and
(ii) the community or neighbou rhood is adversely affected
by the activities; or
SAFER COMMUNITIES AND
(b) it is satisfied that the activities about which an application is
made are a serious and immediate threat to the health, safety
and security of one or more occupants of the property or
persons in the community or neighbourhood.
(2) A community safety order shall
(a) describe the property and the activities with respect to which
the order is made,
(b) if the Director intends to register a caveat under section 22,
specify the certificates of title with respect to which the
order is made,
(c) enjoin all persons from ca using, contributing to, permitting
or acquiescing in the activities,
(d) require the respondent to do everything reasonably possibl e
to prevent the activities from continuing or reoccurring,
including anything specifically ordered by the Court
pursuant to subsection (3)(e),
(e) fix the date on which the o rder ceases to be in effect, and
(f) contain a statement of the right to appeal the order pursu ant
to section 23.
(3) A community safety order may
(a) require any or all person s to vacate the property on or before
a date specified by the Court, and enjoin any or all of them
from re-entering or reoccupying it;
(b) terminate the tenancy agreem ent or lease of any tenant of
the property on the date specified pursuant to clause (a);
(c) require the Director to cl ose the property from use and
occupation on a specified date and keep it closed for up to
90 days;
(d) limit the order to the part of the property about which th e
application was made, or to particular persons;
(e) make any other provision that the Court considers necessar y
for the effectiveness of the community safety order,
including, but not limited to, an order of possession in
favour of the respondent.
(4) The Court shall consider the following when deciding the
length of a period of closure pursuant to subsection (3)(c):
SAFER COMMUNITIES AND
(a) the extent to which the respondent's failure, if any, to
exercise due diligence in supervising and controlling the use
and occupation of the property contributed to the activities;
(b) the impact of the ac tivities on the community or
neighbourhood.
(5) Before the date specified for closure pursuant to subsection
(3)(c), the respondent may apply to the Court to set aside the
portion of the community safety order requiring the property to be
closed.
(6) In the case of a lease other than a tenancy agreement, before
the date specified for termination of the lease of any tenant
pursuant to subsection (3)(b), a tenant may apply to the Court to set
aside the portion of the community safety order terminating the
lease.