Fire and Emergency Services Act 1990

An Act to establish the Queensland Fire and Emergency Service, to establish a fund for particular purposes, to provide for the prevention of and response to fires and emergency

Long title amd 1996 No. 42 s 4; 2001 No. 76 s 12; 2013 No. 28 s 30; 2014 No. 17 s 59

ch 1 hdg (prev pt 1 hdg) sub 2014 No. 17 s 60

1Short title

This Act may be cited as the Fire and Emergency Services Act 1990.

s 1 sub 1996 No. 42 s 5; 2001 No. 76 s 13

amd 2014 No. 17 s 61

2Objects of Act

The objects of this Act are—

(a)to provide for the prevention of, and responses to, fires and other emergency incidents; and

(b)to provide for rescue services and operations; and

(c)to establish a framework for the management of—

(i)the Queensland Fire and Emergency Service; and

(ii)the State Emergency Service; and

(iii)emergency service units established for an emergency service area; and

(iv)the conduct of authorised rescue officers.

s 2 ins 2014 No. 17 s 62

3Definitions

The dictionary in schedule 6 defines particular words used in this Act.

s 3 amd 2002 No. 60 s 12 (1)

renum and reloc 2014 No. 17 s 63

4Act binds all persons

(1)This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.

s 4 sub 2006 No. 49 s 4

renum and reloc 2014 No. 17 s 63

ch 2 hdg (prev pt 12 hdg) sub 2014 No. 17 s 65

ch 2 pt 2 hdg sub 1996 No. 42 s 7; 2001 No. 76 s 15

om 2014 No. 17 s 65

ch 2 pt 2 div 1 hdg ins 1996 No. 42 s 8

sub 2001 No. 76 s 15

om 2014 No. 17 s 65

5Appointment of commissioner

(1)The Governor in Council, acting on the recommendation of the Minister, shall appoint a commissioner.

(2)The commissioner is to be appointed under this Act, and not under the Public Sector Act 2022.

s 5 orig s 5 amd 1995 No. 55 s 4

exp 22 November 1995 (see s 5(15))

AIA s 20A applies (see s 5(14))

pres s 5 (prev s 9) amd 1996 No. 37 s 147 sch 2; 1996 No. 42 ss 9, 21 sch 2, 3 sch 3; 2001 No. 76 ss 24(1), 11 sch 2; 2009 No. 25 s 83 sch; 2014 No. 17 s 73 (1)–(3)

renum and reloc 2014 No. 17 s 73 (4)

amd 2022 No. 34 s 365 sch 3

6Salary and conditions

The Governor in Council shall from time to time approve the salary, allowances, and conditions of employment of a person holding office as commissioner.

s 6 (prev s 10) amd 1996 No. 42 s 3 sch 3; 2001 No. 76 s 24 (1)

renum and reloc 2014 No. 17 s 74

7Acting commissioner

(1)The Minister may appoint a person, who is eligible for appointment as commissioner, to act in the office of commissioner during—

(a)any vacancy, or all vacancies, in the office; or

(b)any period, or all periods, when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office.

(2)The Minister’s power to appoint a person to act in the office of commissioner does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954, section 25(1)(b)(iv) and (v).

s 7 (prev s 11) sub 1996 No. 42 s 10

amd 2001 No. 76 s 24 (1); 2002 No. 60 s 14

renum and reloc 2014 No. 17 s 74

7AFunctions of commissioner

(1)The main functions of the commissioner are as follows—

(a)to manage QFES in a way that ensures QFES performs its functions under this Act effectively and efficiently;

(b)to establish management and support services for the SES and ES units;

(c)to make recommendations to the Minister about any matter that—

(i)relates to the performance of functions or exercise of powers by the commissioner or QFES; and

(ii)may help the Minister in the proper administration of this Act.

(2)The commissioner’s functions also include any other function given to the commissioner under this Act or another Act.

s 7A ins 2014 No. 17 s 66

7BCodes of practice

(1)The commissioner may from time to time issue codes of practice relating to—

(a)the functions, powers, conduct and appearance of fire service officers; or

(b)any functions imposed or powers conferred by or under this Act on any other person other than the Minister.

(2)The commissioner may at any time amend or revoke a code of practice.

(3)A provision of a code of practice is of no effect if inconsistent with a provision of this Act.

(4)Provisions of a code of practice may differ according to differences in time, place or circumstance or according to the fire service officers or classes of fire service officers to whom they are expressed to apply.

(5)Evidence of any provision of a code of practice may be given by the production of a document purporting to be certified by the commissioner as being a true copy of the provision.

s 7B (prev s 18) amd 1996 No. 42 ss 21 sch 2, 3 sch 3; 1998 No. 37 s 9 sch; 2001 No. 76 ss 24(1), 11 sch 2; 2014 No. 17 s 76 (1)

renum and reloc 2014 No. 17 s 76 (2)

ch 3 hdg ins 2014 No. 17 s 67

ch 3 pt 1 hdg ins 2014 No. 17 s 67

ch 3 pt 1 div 1 hdg ins 1996 No. 42 s 8

sub 2001 No. 76 s 15

om 2014 No. 17 s 65

ch 3 pt 1 div 2 hdg ins 1996 No. 42 s 8

sub 1998 No. 37 s 11

om 2001 No. 76 s 15

ch 3 pt 1 div 3 hdg om 2014 No. 17 s 72

ch 3 pt 1 div 4 hdg ins 1996 No. 42 s 11

amd 2001 No. 76 s 11 sch 2

om 2014 No. 17 s 77

8Establishment of service

The Queensland Fire and Emergency Service (QFES) is established.

s 8 prev s 8 amd 1996 No. 42 s 21 sch 2

om 1998 No. 37 s 10

pres s 8 ins 2001 No. 76 s 15

amd 2014 No. 17 s 68

8AMembership of service

QFES consists of—

(a)the commissioner; and

(b)fire service officers.

s 8A ins 1996 No. 42 s 8

sub 2001 No. 76 s 15

amd 2014 No. 17 s 69

8BFunctions of QFES

The functions of QFES are—

(a)to protect persons, property and the environment from fire and hazardous materials emergencies; and

(b)to protect persons trapped in a vehicle or building or otherwise endangered, to the extent that QFES’s personnel and equipment can reasonably be deployed or used for the purpose; and

(c)to provide an advisory service, and undertake other measures, to promote—

(i)fire prevention and fire control; and

(ii)safety and other procedures if a fire or hazardous materials emergency happens; and

(d)to cooperate with any entity that provides an emergency service; and

(e)to perform other functions given to QFES under this Act or another Act; and

(f)to perform functions incidental to its other functions; and

(g)to identify and market products and services incidental to its functions.

s 8B ins 1996 No. 42 s 8

amd 1997 No. 52 s 3 sch

sub 2001 No. 76 s 15

amd 2002 No. 60 s 13; 2014 No. 17 s 70

20Fund

(1)The Emergency Management Fund is established.

(2)Accounts for the fund must be kept as part of the departmental accounts of the department.

(3)Amounts received for the fund must be deposited in a departmental financial-institution account of the department but may be deposited in an account used for depositing other amounts of the department.

(4)Amounts received for the fund include the following received by the department—

(a)amounts received for prescribed property as contributions under part 10;

(b)amounts received by the department from other sources for the fund or amounts that must be paid into the fund;

(c)amounts received for the disposal of an asset that the commissioner considers was purchased substantially with amounts paid from the fund or the QFRA Fund;

(d)interest from investment of the fund.

(5)An amount is payable from the fund for—

(a)the purposes of this Act; or

(b)the management, by QFES or another entity administered or funded wholly or partly by the State, of the adverse effects or potential adverse effects of an incident or event.

Example of management for paragraph (b)—

making arrangements for mitigating the effects of, preparing for, responding to and recovering from an event

(6)The Financial Accountability Act 2009 applies to the fund.

(7)In this section—

departmental accounts, of the department, means the accounts of the department under the Financial Accountability Act 2009, section 69.

departmental financial-institution account, of the department, means an account of the department kept under the Financial Accountability Act 2009, section 83.

event see the Disaster Management Act 2003.

other amounts, of the department, means amounts received by the department other than amounts received for the fund.

QFRA Fund means the QFRA Fund mentioned in the Financial Administration and Audit Act 1977, schedule 2, immediately before the commencement of the Emergency Services Legislation Amendment Act 2001.

s 20 amd 1996 No. 42 ss 21 sch 2, 3 sch 3

sub 1997 No. 52 s 7

amd 2000 No. 46 s 3 sch; 2001 No. 76 s 18; 2003 No. 19 s 3 sch; 2009 No. 9 s 136 sch 1; 2013 No. 28 s 31; 2014 No. 17 s 79

25Staff of QFES

The commissioner may employ the persons the commissioner considers necessary to perform the service’s functions.

s 25 amd 1995 No. 55 s 7

sub 1996 No. 42 s 13; 2001 No. 76 s 20

amd 2014 No. 17 s 80

25AFire service officers employed under this Act

Fire service officers are to be employed under this Act, and not under the Public Sector Act 2022.

s 25A ins 1995 No. 55 s 8

sub 1996 No. 37 s 147 sch 2

amd 1996 No. 42 s 3 sch 3; 2001 No. 76 s 11 sch 2; 2009 No. 25 s 83 sch; 2022 No. 34 s 365 sch 3

26Conditions of employment

(1)Subject to any applicable industrial instrument, persons employed under section 25 shall be paid salary, wages and allowances at such rates and shall be employed under such conditions of employment as the commissioner determines.

(2)However, if a person mentioned in subsection (1) is employed on contract for a fixed term, the conditions of the person’s employment are not subject to any industrial instrument.

(3)Also, if a directive made under the Public Sector Act 2022 applies to a person employed under section 25 and the directive is inconsistent with the determination of the commissioner under subsection (1), the directive applies to the extent of the inconsistency.

s 26 amd 1996 No. 42 ss 13A, 3 sch 3; 1998 No. 37 s 9 sch; 2001 No. 76 s 21; 2014 No. 17 s 184 sch 1 pt 4; 2016 No. 63 s 1157 sch 6; 2022 No. 34 s 344

28Retirement

A fire service officer—

(a)must retire from employment with QFES upon attaining the age of 65 years;

(b)may elect to retire from employment with QFES upon or at any time after attaining the age of 55 years.

s 28 amd 1996 No. 42 ss 21 sch 2, 3 sch 3; 2001 No. 76 s 11 sch 2; 2014 No. 17 s 83; 2022 No. 34 s 346

29ASurrender of equipment

(1)A person, upon ceasing to be a fire service officer, must surrender to the commissioner—

(a)any form of identification; and

(b)anything issued to the person for official use;

unless otherwise ordered by the commissioner.

(2)A justice, acting upon the complaint of the commissioner, may issue a warrant authorising any person named in, or belonging to a class of person specified in, the warrant to search for and seize anything not surrendered in accordance with subsection (1).

(3)A person authorised to execute a warrant may, for that purpose—

(a)enter any premises in which the person believes the thing sought may be located; and

(b)break open anything the person believes may contain the thing sought.

Note—

The content of this section was previously included in section 141.

s 29A ins 2014 No. 17 s 84

29BVacating premises

(1)A person, upon ceasing to be a fire service officer, must immediately vacate any premises the property of the State or to the possession of which the State is entitled, unless the commissioner otherwise orders.

(2)If the premises are not vacated immediately or, as the case may be, within any period ordered by the commissioner, the commissioner may give the person a notice to quit.

(3)If the premises are not vacated within 14 days after the notice to quit is given, a magistrate, acting upon the complaint of the commissioner, may issue a warrant authorising a police officer to enter the premises and remove all persons and property not authorised by the commissioner to be on the premises and to deliver possession of the premises to the State.

Note—

The content of this section was previously included in section 142.

s 29B ins 2014 No. 17 s 84

ch 3 pt 4A hdg ins 1998 No. 37 s 13

34Establishment of council

The Emergency Services Advisory Council is established.

s 34 prev s 34 om 1995 No. 55 s 10

pres s 34 ins 1998 No. 37 s 13

35Functions of council

(1)The council’s function is to advise the Minister about the following matters—

(a)the extent to which current service delivery by QFES—

(i)meets community needs; and

(ii)contributes to the achievement of the government’s desired outcomes for the community; and

(iii)meets community expectations about the use of fire as a means of hazard reduction and sustainable land management; and

(iv)impacts on the environment;

(b)preparing for, and responding to, fire in rural areas including the operation of rural fire brigades and the fire fighting or fire prevention function of emergency service units;

(c)fire safety, fire prevention and the reduction of fire danger in rural areas;

(d)using fire as a means of sustainable land management in rural areas;

(e)the functions, capacity and capability of the department in supporting disaster mitigation and response activity;

(f)anything else referred to it by the Minister—

(i)that is relevant to the functions of QFES; or

(ii)that relates to activities carried out or funded by the department.

(2)The council also has the functions given to it under the Ambulance Service Act 1991 and any other Act.

s 35 prev s 35 om 1995 No. 55 s 10

pres s 35 ins 1998 No. 37 s 13

amd 2001 No. 76 s 11 sch 2; 2003 No. 91 s 168; 2008 No. 64 s 16; 2014 No. 17 s 89

36Membership of council

(1)The council consists of not more than 16 members appointed by the Governor in Council.

(2)A member may be appointed at any time.

(3)Nominees for appointment to the council must be persons who the Minister considers are competent to assist the council to perform its functions.

s 36 prev s 36 om 1995 No. 55 s 10

pres s 36 ins 1998 No. 37 s 13

amd 2002 No. 60 s 15

37Chairperson of council

(1)The Governor in Council is to appoint a member as the chairperson of the council.

(2)The chairperson is to preside at all council meetings at which the chairperson is present.

(3)If the chairperson is not present at a council meeting, a member chosen by the members present at the meeting is to preside.

(4)If appointed a member of the council, the following are not eligible to be appointed chairperson—

(a)the commissioner;

(b)the commissioner of the Queensland Ambulance Service;

(c)a public service officer.

s 37 prev s 37 om 1995 No. 55 s 10

pres s 37 ins 1998 No. 37 s 13

amd 2001 No. 76 ss 24(1), 11 sch 2; 2014 No. 17 s 90

38How appointments made

(1)An appointment under section 36 or 37 is to be by gazette notice.

(2)The appointment starts on the day the notice is published in the gazette or, if a later day is stated in the notice, the later day.

(3)A person’s appointment as chairperson may be combined with the person’s appointment as a member of the council.

s 38 prev s 38 om 1995 No. 55 s 10

pres s 38 ins 1998 No. 37 s 13

39Term of office

The term of office of a member is not to exceed 3 years.

s 39 prev s 39 om 1995 No. 55 s 10

pres s 39 ins 1998 No. 37 s 13

40Removal from office

(1)The Governor in Council may remove a member from office at any time.

(2)The removal takes effect on notice of the removal being given to the member by the Minister.

(3)It is unnecessary for any reasons to be given for the removal.

s 40 prev s 40 om 1995 No. 55 s 10

pres s 40 ins 1998 No. 37 s 13

41Quorum

A quorum for the council is the number equal to one-half of the number of its members for the time being, and if one-half is not a whole number, the next higher whole number.

s 41 prev s 41 amd 1991 No. 51 s 3.4; 1995 No. 55 s 11; 1996 No. 37 s 147 sch 2; 1996 No. 42 ss 14, 21 sch 2, 3 sch 3

om 1997 No. 21 s 26

pres s 41 ins 1998 No. 37 s 13

42Conduct of business

Subject to this part, the council may conduct its meetings and other business in the way it considers appropriate.

s 42 prev s 42 amd 1995 No. 55 s 12; 1996 No. 42 ss 21 sch 2, 3 sch 3

om 1997 No. 21 s 26

pres s 42 ins 1998 No. 37 s 13

43Minutes

The council must keep minutes of its meetings.

s 43 prev s 43 om 1997 No. 21 s 26

pres s 43 ins 1998 No. 37 s 13

44Remuneration of members

A member is entitled to be paid the fees and allowances decided by the Governor in Council.

s 44 prev s 44 amd 1995 No. 55 s 13

om 1997 No. 21 s 26

pres s 44 ins 1998 No. 37 s 13

52Authorised fire officers

(1)The commissioner may authorise a fire officer or fire officers belonging to a class of fire officer specified by the commissioner to exercise—

(a)all the powers conferred by this Act on an authorised fire officer; or

(b)any power or class of power conferred by this Act on an authorised fire officer.

(2)A reference in this Act to an authorised fire officer is a reference to—

(a)the commissioner; and

(b)a fire officer authorised by the commissioner pursuant to this section.

(3)A fire officer authorised by the commissioner immediately before the commencement of this section to exercise any power under this Act as an authorised fire officer is taken, on and from the commencement, to be authorised pursuant to this section.

s 52 orig s 52 om 1991 No. 51 s 3.5

prev s 52 ins 2003 No. 91 s 169

om 2008 No. 64 s 17

pres s 52 (prev s 6A) ins 1991 No. 51 s 3.3

amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

reloc and renum 2014 No. 17 s 64

53Powers of authorised fire officer in dangerous situations

(1)An authorised fire officer may take any reasonable measure—

(a)to protect persons, property or the environment from danger or potential danger caused by a fire or a hazardous materials emergency; or

(b)to protect persons trapped in any premises or otherwise endangered.

(2)Without limiting the measures that may be taken for a purpose described in subsection (1), an authorised fire officer may for that purpose do any of the following—

(a)enter any premises;

(b)open any receptacle, using such force as is reasonably necessary;

(c)bring any apparatus or equipment onto premises;

(d)destroy, damage, remove or otherwise deal with any vegetation or any other material or substance, flammable or not flammable;

(e)destroy (wholly or in part) or damage any premises or receptacle;

(f)shore up any building;

(g)close any road or access, whether public or private;

(h)shut off the supply of water from any main, pipe or other source to obtain a greater pressure or supply or take water from any source whether natural or artificial;

(i)cause to be shut off or disconnected the supply of gas, electricity or any other source of energy to any premises or area;

(j)require any person who, in the opinion of the authorised fire officer, is—

(i)the occupier of premises, being the site of or near to the site of the danger; or

(ii)in charge of anything that is the source of the danger or likely (in the opinion of the officer) to increase the danger;

to take any reasonable measure for the purpose of assisting the officer to deal with the danger or answer any question or provide any information for that purpose;

(k)require any person not to enter or remain within a specified area around the site of the danger;

(l)remove from any place a person who fails to comply with an order given pursuant to paragraph (k) and use such force as is reasonably necessary for that purpose;

(m)if unable to identify the person entitled to possession of property found at or near the site of the danger, take possession of the property and retain it for safe custody.

(3)The owner of any building shored up pursuant to an exercise of the power conferred by subsection (2)(f) must pay to the commissioner upon demand all reasonable expenses thereby incurred and those expenses may be recovered in a court of competent jurisdiction as a debt due to the State.

(4)A local government, other authority or a person supplying water or any source of energy is not liable for any interruption of supply caused by the exercise of the power conferred by subsection (2)(h) or (i).

s 53 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 11 sch 2; 2002 No. 60 s 16; 2006 No. 49 s 5; 2014 No. 17 s 184 sch 1 pt 4; 2023 No. 11 s 34 sch 1 pt 1

54Disposal of property

(1)Any property retained for safe custody pursuant to section 53(2)(m) must, as soon as is practicable, be delivered into the possession of a person authorised by, or a person belonging to a class of person authorised by, the commissioner for the purposes of this section.

(2)The authorised person—

(a)must cause the property to be returned to the person the authorised person believes is entitled to possession of it; or

(b)if unable to form such a belief, must dispose of or otherwise deal with the property in accordance with any code of practice or any direction given by the commissioner.

(3)Subject to subsection (4), any dealing with property pursuant to subsection (2) does not affect the right of any person to recover the property by action from any person who has possession of it as a result of that dealing.

(4)An action referred to in subsection (3) must be commenced within 6 months of the date on which the property was dealt with pursuant to subsection (2).

s 54 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

55Powers of authorised fire officer for preventative or investigative purposes

(1)At any time an authorised fire officer may enter any premises or open (using such force as is reasonably necessary) any receptacle for any of the following purposes—

(a)to prevent, or reduce the likelihood of, the occurrence of a fire or a hazardous materials emergency;

(b)to investigate whether or not fire safety measures and fire prevention measures, including the implementation of a fire safety management plan as required under part 9A, have been taken or are being maintained;

(c)to ascertain the cause of a fire or hazardous materials emergency;

(d)to ascertain whether any provision of this Act or any notice, notification, order (written or verbal) or permit given under this Act has been or is being complied with;

(e)to ascertain whether a power conferred by this Act upon an authorised fire officer should be exercised, or to exercise a power under this Act.

(2)The power of entry conferred by subsection (1) must not be exercised in respect of—

(a)a building that is a dwelling or such part of a building as is a dwelling; or

(b)a vehicle or vessel used as a dwelling; or

(c)a tent or other structure used as a dwelling;

unless the occupier has given approval to enter or unless entry is made during or in the aftermath of a fire or hazardous materials emergency occurring at the dwelling, for the purpose of ascertaining its cause.

(2A)However, subsection (2)(a) does not apply to a budget accommodation building if the entry is made to investigate whether the owner of the building is implementing a fire safety management plan.

(3)An authorised fire officer who enters premises under this section may—

(a)for subsection (1)(a)—burn, remove or otherwise deal with any vegetation or other material or substance whether flammable or inflammable at the premises; or

(b)for subsection (1) generally—

(i)search any part of the premises; or

(ii)inspect, measure, test, photograph or film any part of the premises or anything at the premises; or

(iii)take a thing, or a sample of or from a thing, at the premises for analysis or testing; or

(iv)copy a document at the premises; or

(v)make inquiries or conduct surveys and tests; or

(vi)take into or onto the premises any persons, equipment and materials the authorised fire officer reasonably requires for exercising a power under this part.

(4)An authorised fire officer’s power to enter premises or open a receptacle under subsection (1) may be exercised by the officer, or an appropriately qualified person acting under the supervision of the officer, using a device remotely controlled by the officer or person.

s 55 amd 1991 No. 51 s 3.6; 2002 No. 7 s 9; 2002 No. 60 s 17; 2006 No. 49 s 6; 2023 No. 11 s 34 sch 1 pt 1; 2023 No. 7 s 19

56Extent of power of entry

The right of entry conferred by section 53(2)(a) or 55—

(a)includes the right to enter all parts of the premises for which the right is exercised; and

(b)authorises the person exercising the right to use a reasonable degree of force to ensure the proper exercise of the right.

s 56 amd 2006 No. 49 s 7

56APower to seize evidence etc.

An authorised fire officer who enters premises under section 55 may seize a thing at the premises if the authorised fire officer reasonably believes—

(a)the thing is evidence of an offence against this Act; or

(b)the thing has just been used in committing an offence against this Act; or

(c)the seizure is necessary to prevent the thing being hidden, lost or destroyed; or

(d)seizure of the thing is necessary for the purposes mentioned in section 55.

s 56A ins 2006 No. 49 s 8

56BPowers supporting seizure

(1)Having seized a thing, an authorised fire officer may—

(a)move the thing from the premises where it was seized (the premises of seizure); or

(b)leave the thing at the premises of seizure but take reasonable action to restrict access to it.

Examples of restricting access to a thing—

•sealing a thing and marking it to show access to it is restricted

•sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted

(2)If an authorised fire officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an authorised fire officer’s approval.

Maximum penalty—40 penalty units.

(3)To enable a thing to be seized, an authorised fire officer may require the person in control of it—

(a)to take it to a stated reasonable place by a stated reasonable time; and

(b)if necessary, to remain in control of it at the stated place for a reasonable time.

(4)The requirement—

(a)must be made by notice in the approved form; or

(b)if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.

(5)The person must comply with the requirement unless the person has a reasonable excuse for not complying.

Maximum penalty—40 penalty units.

(6)A further requirement may be made under this section in relation to the same thing if it is necessary and reasonable to make the further requirement.

s 56B ins 2006 No. 49 s 8

56CReceipt for seized things

(1)As soon as practicable after an authorised fire officer seizes a thing, the authorised fire officer must give a receipt for it to the person from whom it was seized.

(2)However, if for any reason it is not practicable to comply with subsection (1), the authorised fire officer must leave the receipt in a conspicuous position and in a reasonably secure way at the premises of seizure.

(3)The receipt must describe generally each thing seized and its condition.

(4)This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt required by the section (given the thing’s nature, condition and value).

s 56C ins 2006 No. 49 s 8

56DForfeiture of seized things

(1)A seized thing is forfeited to the State if the authorised fire officer who seized the thing—

(a)can not find its owner after making reasonable inquiries; or

(b)can not return it to its owner, after making reasonable efforts.

(2)Subsection (1)(a) does not require the authorised fire officer to make inquiries if it would be unreasonable to make inquiries to find the owner, and subsection (1)(b) does not require the authorised fire officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner.

(3)In deciding whether and, if so, what inquiries and efforts are reasonable about a thing, regard must be had to the thing’s nature, condition and value.

s 56D ins 2006 No. 49 s 8

56EReturn of seized things

(1)If a seized thing has not been forfeited, the authorised fire officer must return it to its owner at the end of—

(a)6 months; or

(b)if a proceeding for an offence involving it is started within 6 months—the proceeding and any appeal from the proceeding.

(2)Despite subsection (1), unless the thing has been forfeited, the authorised fire officer must immediately return a thing seized as evidence to its owner if the authorised fire officer stops being satisfied its continued retention as evidence is necessary.

s 56E ins 2006 No. 49 s 8

56FAccess to seized things

(1)Until a seized thing is forfeited or returned, an authorised fire officer must allow its owner to inspect it and, if it is a document, to copy it.

(2)Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.

s 56F ins 2006 No. 49 s 8

57Power to require name and address

(1)This section applies if an authorised fire officer—

(a)finds a person committing an offence against this Act; or

(b)finds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this Act; or

(c)has information that leads the officer to reasonably suspect a person has committed an offence against this Act.

(2)The authorised fire officer may require the person to state the person’s name and residential address.

(3)When making the requirement, the authorised fire officer must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.

(4)The authorised fire officer may require the person to give evidence of the correctness of the stated name or address if the authorised fire officer reasonably suspects the stated name or address is false.

(5)A person must comply with a requirement under subsection (2) or (4), unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

(6)The person does not commit an offence against subsection (5) if—

(a)the person was required to state the person’s name and address by an authorised fire officer who suspected the person had just committed an offence against this Act; and

(b)the person is not proved to have committed the offence.

s 57 sub 2006 No. 49 s 9

amd 2008 No. 64 s 18

58AReasonable assistance to be provided

(1)An authorised fire officer who enters any premises under this part may require any person having responsibilities in relation to the premises (whether as owner or occupier of the premises or as a person employed to work thereon or otherwise) to provide the officer with such facilities and assistance with respect to matters or things to which the person’s responsibilities extend as are reasonably necessary to enable the officer to exercise the powers conferred upon the officer by this Act.

(2)A person who is required to provide facilities and assistance to an authorised fire officer under subsection (1) must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

(3)It is not a reasonable excuse for the person to fail to comply with the requirement that complying with it might tend to incriminate the person.

(4)However, if—

(a)the person is an individual; and

(b)the requirement is to give information or produce a document;

evidence of, or evidence directly or indirectly derived from, the information or document that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence about the falsity or misleading nature of the information or document.

(5)If a person is convicted of an offence against subsection (2), the court may, as well as imposing a penalty for the offence, order the person to comply with the requirement.

s 58A ins 1991 No. 51 s 3.7

amd 2006 No. 49 s 11; 2023 No. 11 s 34 sch 1 pt 1

58BPower to inquire into fire or hazardous materials emergency

(1)This section—

(a)applies if an authorised fire officer becomes aware, or reasonably suspects, that a fire or hazardous materials emergency (the emergency) has happened; and

(b)applies for section 55 and for this Act generally.

(2)The authorised fire officer may inquire into the circumstances and probable causes of the emergency.

(3)The authorised fire officer may require a person who has knowledge, or whom the authorised fire officer reasonably suspects to have knowledge, of the circumstances of the emergency to give the authorised fire officer reasonable help, as stated in the requirement, to inquire under subsection (2).

(4)A requirement under subsection (3) may be given orally or in writing.

(5)A person must comply with a requirement under subsection (3) unless the person has a reasonable excuse for not complying.

Maximum penalty—10 penalty units.

(6)If the requirement is to be complied with by a person who is an individual giving information or producing a document, other than a document required to be kept by the person under this Act, it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might tend to incriminate the person.

s 58B ins 2006 No. 49 s 12

58CPower to require production of certain documents

(1)An authorised fire officer may require a person to make available for inspection by an authorised fire officer, or produce to the authorised fire officer for inspection, at a reasonable time and place stated by the authorised fire officer—

(a)a document issued to the person under this Act or required to be kept by the person under this Act; or

(b)a document about the person’s obligations under this Act for fire safety, including about the maintenance of fire safety installations in a building or the fire safety systems for a building.

(2)The person must comply with a requirement under subsection (1), unless the person has a reasonable excuse for not complying.

Maximum penalty—10 penalty units.

(3)If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement under subsection (1) if complying with the requirement might tend to incriminate the person.

(4)The authorised fire officer may keep the document to copy it.

(5)If the authorised fire officer copies the document, or an entry in the document, the authorised fire officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.

(6)The person responsible for keeping the document must comply with the requirement, unless the person has a reasonable excuse for not complying.

Maximum penalty—20 penalty units.

(7)The authorised fire officer must return the document to the person as soon as practicable after copying it.

s 58C ins 2006 No. 49 s 12

amd 2008 No. 13 s 18

58DPower to require information about identity of occupier

(1)This section applies if a person alleges to an authorised fire officer, or an authorised fire officer reasonably suspects, a contravention of this Act or the Building Act 1975, chapter 7 or 7A has been committed in relation to premises.

(2)An authorised fire officer may require any of the following persons to give the authorised fire officer information that will identify or help identify an occupier of the premises—

(a)a government entity;

(b)an occupier of the premises;

(c)a person who may reasonably be expected to give the information.

(3)A person must comply with a requirement under subsection (2), unless the person has a reasonable excuse for not complying.

Maximum penalty—20 penalty units.

(4)If the person is an individual, it is a reasonable excuse for the person not to comply with a requirement under subsection (2) if complying with the requirement might tend to incriminate the person.

s 58D ins 2016 No. 48 s 6

59Person acting at direction of authorised fire officer

Any power conferred upon an authorised fire officer may be exercised by any person acting at the direction of an authorised fire officer and any power so exercised is taken to have been exercised by an authorised fire officer.

60Directions concerning exercise of powers

The exercise of a power conferred by or under this part on an authorised fire officer or any other person must be in accordance with any direction given by the commissioner and with any code of practice.

s 60 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

60ADecontamination

(1)An authorised fire officer may ask a person the authorised fire officer is satisfied may be, is, or may have been affected by a chemical substance, to agree to undergo decontamination.

(2)The person may agree or refuse to agree to the request.

(3)If the person agrees, it is lawful for the authorised fire officer to take the steps the authorised fire officer considers reasonably necessary to decontaminate the person, including, for example, asking the person to stay where the person is or to move to a stated place for the purpose.

(4)The authorised fire officer may not direct another person to perform the decontamination.

(5)In this section—

decontaminate, in relation to a chemical substance, means make the chemical substance harmless.

s 60A ins 2003 No. 46 s 19 sch

ch 3 pt 6A hdg prev ch 3 pt 6A hdg ins 2003 No. 46 s 19 sch

om 2008 No. 64 s 19

pres ch 3 pt 6A hdg ins 2008 No. 64 s 20

ch 3 pt 6A div 1 hdg ins 2008 No. 64 s 20

60BAppointment

(1)The commissioner may appoint any of the following persons as an investigation officer—

(a)a public service employee;

(b)a fire service officer;

(c)a person prescribed under a regulation.

(2)However, the commissioner may appoint a person as an investigation officer only if the commissioner is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.

s 60B ins 2008 No. 64 s 20

60CAppointment conditions and limit on powers

(1)An investigation officer holds office on any conditions stated in—

(a)the officer’s instrument of appointment; or

(b)a signed notice given to the officer; or

(c)a regulation.

(2)The instrument of appointment, a signed notice given to the investigation officer or a regulation may limit the officer’s powers under this Act.

(3)In this section—

signed notice means a notice signed by the commissioner.

s 60C ins 2008 No. 64 s 20

60DWhen investigation officer ceases to hold office

(1)An investigation officer ceases to hold office if any of the following happens—

(a)the term of office stated in a condition of office ends;

(b)under another condition of office, the officer ceases to hold office.

(2)Subsection (1) does not limit the ways an investigation officer may cease to hold office.

(3)In this section—

condition of office means a condition on which the investigation officer holds office.

s 60D ins 2008 No. 64 s 20

60EFunctions of investigation officers

An investigation officer has the function of investigating offences against this part and section 150B.

s 60E ins 2008 No. 64 s 20

amd 2014 No. 17 s 91

60FIssue of identity card

(1)The commissioner must issue an identity card to each investigation officer.

(2)The identity card must—

(a)contain a recent photo of the investigation officer; and

(b)contain a copy of the investigation officer’s signature; and

(c)identify the person as an investigation officer under this Act; and

(d)state an expiry date for the card.

(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

s 60F ins 2008 No. 64 s 20

60GProduction or display of identity card

(1)In exercising a power under this part in relation to a person, an investigation officer must—

(a)produce the officer’s identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the investigation officer must produce the identity card for the person’s inspection at the first reasonable opportunity.

(3)For subsection (1), an investigation officer does not exercise a power in relation to a person only because the officer has entered a place as mentioned in section 60I(1)(b) or (2).

s 60G ins 2008 No. 64 s 20

60HReturn of identity card

A person who ceases to be an investigation officer must return the person’s identity card to the commissioner within 21 days after ceasing to be an investigation officer unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

s 60H ins 2008 No. 64 s 20

ch 3 pt 6A div 2 hdg ins 2008 No. 64 s 20

60IPower to enter places

(1)An investigation officer may enter a place if—

(a)an occupier of the place consents to the entry; or

(b)it is a public place and the entry is made when it is open to the public.

(2)For the purpose of asking the occupier of a place for consent to enter, an investigation officer may, without the occupier’s consent or a warrant—

(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.

(3)In this section—

public place means—

(a)a place to which members of the public have access as of right, whether or not on payment of a fee and whether or not access to the place may be restricted at particular times or for particular purposes; or

(b)a part of a place that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public.

s 60I ins 2008 No. 64 s 20

60JEntry with consent

(1)This section applies if an investigation officer intends to ask an occupier of a place to consent to the officer or another investigation officer entering the place.

(2)Before asking for the consent, the investigation officer must tell the occupier—

(a)the purpose of the entry; and

(b)that the occupier is not required to consent.

(3)If the consent is given, the investigation officer may ask the occupier to sign an acknowledgement of the consent.

(4)The acknowledgement must state—

(a)the occupier has been told—

(i)the purpose of the entry; and

(ii)that the occupier is not required to consent; and

(b)the purpose of the entry; and

(c)the occupier gives the investigation officer consent to enter the place and exercise powers under this part; and

(d)the time and date the consent was given.

(5)If the occupier signs an acknowledgement, the investigation officer must immediately give a copy to the occupier.

(6)If—

(a)an issue arises in a proceeding about whether the occupier consented to the entry; and

(b)an acknowledgement complying with subsection (4) for the entry is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.

s 60J ins 2008 No. 64 s 20

60KGeneral powers after entering places

(1)This section applies to an investigation officer who enters a place.

(2)However, if an investigation officer enters a place to get the occupier’s consent to enter a place, this section applies to the officer only if the consent is given or the entry is otherwise authorised.

(3)For monitoring and enforcing compliance with this part or section 150B, the investigation officer may—

(a)copy a document at the place or take the document to another place to copy it; or

(b)require a person at the place, to give the officer reasonable help to exercise the officer’s powers under paragraph (a); or

(c)require a person at the place, to answer questions by the officer to help the officer ascertain whether the person, or another person at the place, committed an offence against this Act.

(4)When making a requirement mentioned in subsection (3)(b) or (c), the investigation officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

(5)If an investigation officer takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.

(6)To remove any doubt, it is declared that this section applies to an investigation officer who is also an authorised fire officer and enters a place for the purpose of exercising a power under part 6.

(7)Also, the powers an investigation officer mentioned in subsection (6) has under this section are in addition to, and do not limit, any powers the officer may have under part 6.

s 60K ins 2008 No. 64 s 20

amd 2014 No. 17 s 92

60LFailure to help investigation officer

(1)A person required to give reasonable help under section 60K(3)(b) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

(2)It is a reasonable excuse for the person not to comply with the requirement because complying with the requirement might tend to incriminate the person.

s 60L ins 2008 No. 64 s 20

60MFailure to answer questions

(1)A person of whom a requirement is made under section 60K(3)(c) must, unless the person has a reasonable excuse, comply with the requirement.

Maximum penalty—10 penalty units.

(2)It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.

s 60M ins 2008 No. 64 s 20

60NPower to require name and address

(1)This section applies if an investigation officer—

(a)finds a person committing an offence against this part or section 150B; or

(b)finds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this part or section 150B; or

(c)has information that leads the officer to reasonably suspect a person has committed an offence against this part or section 150B.

(2)The investigation officer may require the person to state the person’s name and residential address.

(3)When making the requirement, the investigation officer must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.

(4)The investigation officer may require the person to give the officer evidence of the correctness of the stated name or residential address if the officer reasonably suspects the stated name or address to be false.

s 60N ins 2008 No. 64 s 20

amd 2014 No. 17 s 93

60OFailure to give name or address

(1)A person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

(2)A person does not commit an offence against subsection (1) if—

(a)the person was required to state the person’s name and residential address by an investigation officer who suspected the person had committed an offence against this Act; and

(b)the person is not proved to have committed the offence against this Act.

(3)In this section—

personal details requirement means a requirement under section 60N(2) or (4).

s 60O ins 2008 No. 64 s 20

60PFalse or misleading statements

A person must not state anything to an investigation officer the person knows is false or misleading in a material particular.

Maximum penalty—10 penalty units.

s 60P ins 2008 No. 64 s 20

60QFalse or misleading documents

(1)A person must not give an investigation officer a document containing information the person knows is false or misleading in a material particular.

Maximum penalty—10 penalty units.

(2)Subsection (1) does not apply to a person if the person, when giving the document—

(a)tells the investigation officer, to the best of the person’s ability, how it is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.

s 60Q ins 2008 No. 64 s 20

ch 3 pt 7 div 1 hdg amd 1996 No. 42 s 3 sch 3; 2001 No. 76 s 24(1)

61Interpretation and application of division

(1)For the purposes of this division a person is taken to light a fire if the person—

(a)lights, maintains or uses the fire; or

(b)aids, procures or counsels another to light, maintain or use the fire; or

(c)being the owner or occupier of the land on which the fire is lit—permits another to light, maintain or use the fire.

(2)This division does not apply in respect of the lighting of a fire inside any building in circumstances that prevent the escape from the building of fire or any material or substance that is likely to cause fire.

(3)In this division—

licence area see the Forestry Act 1959, schedule 3.

occupier of land includes, if there is no person in actual occupation of the land—

(a)the person charged by the owner or by law with the management of the land; and

(b)if the land is a licence area—

(i)if there is a plantation sublicensee for the licence area—the plantation sublicensee; or

(ii)otherwise—the plantation licensee.

plantation licensee see the Forestry Act 1959, schedule 3.

plantation officer see the Forestry Act 1959, schedule 3.

plantation operator see the Forestry Act 1959, schedule 3.

plantation sublicensee see the Forestry Act 1959, schedule 3.

s 61 amd 2010 No. 12 s 14

62Offence to light unauthorised fire

A person who lights a fire that is not authorised by this division or by any notification, notice or permit given under this division commits an offence against this Act.

Maximum penalty—50 penalty units or 6 months imprisonment.

s 62 amd 2006 No. 49 s 13

63Authorisation of fires by commissioner

The commissioner may, by notification published in the gazette, authorise the lighting of fires for purposes and in circumstances specified in the notification.

s 63 amd 1996 No. 42 ss 20 sch 1, 21 sch 2; 2001 No. 76 s 24

64Prohibition by commissioner against lighting of fires

(1)Notwithstanding any notification under section 63 authorising the lighting of fires the commissioner may, by giving a notice to the occupier of land, prohibit the lighting on the land of all fires or all fires other than those lit for a purpose or in circumstances specified in the notice.

(2)An occupier of land may ask the commissioner to give a notice under subsection (1) to an occupier of adjoining land.

(3)The request must be made in the way, and include the information, prescribed by regulation.

(4)The commissioner must consider the request unless the commissioner believes the request is frivolous or vexatious.

(5)In this section—

occupier of adjoining land means the occupier of land that—

(a)touches some part of the land in question; or

(b)would touch some part of that land but for the existence of a watercourse, road or firebreak, that is 10m or less in width or, although wider than 10m, is not clear of vegetation or other flammable material for at least 10m in every direction.

s 64 amd 1996 No. 42 ss 20 sch 1, 21 sch 2; 2001 No. 76 s 24; 2002 No. 60 s 23 sch; 2023 No. 11 s 8

65Granting of permits

(1)A person may apply to the commissioner for a permit to light a fire on any land.

(2)The application—

(a)may be made orally or in writing; and

(b)must include the information prescribed by regulation.

(3)The commissioner may grant or refuse to grant an application.

(4)Subject to subsection (5), the commissioner must refuse to grant a permit to light a fire on any land unless satisfied that—

(a)reasonable steps have been taken to notify each occupier of adjoining land of the making of the application; and

(b)each occupier of adjoining land notified under paragraph (a) has been given a reasonable opportunity to object, orally or in writing, to the granting of the permit.

(5)The commissioner may grant a permit without complying with subsection (4) if satisfied that extraordinary circumstances exist for so doing.

(6)In this section—

occupier of adjoining land see section 64(5).

s 65 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2023 No. 11 s 9

66Fires in State forests etc.

(1)The provisions of this division do not apply to the lighting of a fire—

(a)in a protected area by a person acting in the performance of duties under the Nature Conservation Act 1992; or

(b)in a State forest, timber reserve or forest entitlement area by a person acting in the performance of duties under the Forestry Act 1959.

(2)The commissioner must not authorise the lighting of fires—

(a)in a protected area without the approval of the chief executive of the department that deals with matters arising under the Nature Conservation Act 1992; or

(b)in a State forest (other than a licence area), timber reserve or forest entitlement area without the approval of the chief executive of the department that deals with matters arising under the Forestry Act 1959.

(3)For subsection (1)(b), a person acting in the performance of duties under the Forestry Act 1959 does not include—

(a)a plantation operator; or

(b)a plantation officer.

s 66 amd 1992 No. 15 s 13 sch; 1992 No. 20 s 159 sch 2; 1992 No. 68 s 3 sch 2; 1993 No. 32 s 3 sch 1; 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2010 No. 12 s 15

67Occupier to extinguish fire

Where a fire is burning on any land and the lighting of the fire is not authorised by or under this or any other Act, the occupier of the land, immediately upon becoming aware of the fire (regardless of who lit it)—

(a)must take all reasonable steps to extinguish or control the fire; and

(b)must, as soon as is practicable, report the existence and location of the fire to a fire officer, an officer of a rural fire brigade, a member of an emergency service unit, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959), a conservation officer within the meaning of the Nature Conservation Act 1992 or a police officer.

Maximum penalty—50 penalty units or 6 months imprisonment.

s 67 amd 1991 No. 51 s 3.8; 1992 No. 20 s 159 sch 2; 2003 No. 91 s 175 sch 1; 2006 No. 49 s 14

68Powers of occupier of entry etc.

(1)Subject to subsections (2) and (3), an occupier of land, who believes on reasonable grounds that a grass fire (that is, a fire that predominantly consumes vegetation) burning within 1.6km of that land constitutes a fire risk to that land may, together with persons acting at the direction of the occupier—

(a)enter the land on which the fire is burning and any other land in order to gain access to the land on which the fire is burning; and

(b)take on to that land equipment for extinguishing or controlling the fire; and

(c)take all reasonable measures to extinguish or control the fire.

(2)An occupier of land must not do or direct the doing of any act referred to in subsection (1) if prior notice (oral or written) of the intention to light the fire has been given to the occupier by the person lighting it or by a prescribed person unless the occupier believes on reasonable grounds that the fire has been unlawfully lit or is out of control.

(3)If it is practicable to contact a prescribed person, an occupier of land—

(a)must not do or direct the doing of any act referred to in subsection (1) unless the prescribed person has been notified of the situation; and

(b)must comply with any direction given by the prescribed person in respect of the doing of any act.

(4)If the occupier of land, or an employee, agent or contractor of the occupier of land, is also a prescribed person, the references to a prescribed person in subsections (2) and (3) do not include the occupier of land, or an employee, agent or contractor of the occupier of land.

(5)In this section—

prescribed person means a fire officer, an officer of a rural fire brigade, a fire coordinator, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959), a conservation officer within the meaning of the Nature Conservation Act 1992 or a police officer.

s 68 amd 1991 No. 51 s 3.9; 1992 No. 20 s 159 sch 2; 2003 No. 91 s 175 sch 1; 2010 No. 12 s 16

69Requisition by commissioner to reduce fire risk

(1)The commissioner may require any occupier of premises to take measures for the purpose of reducing the risk of a fire occurring on the premises or reducing potential danger to persons, property or the environment in the event of a fire occurring on the premises.

(2)A requisition may be given—

(a)in a particular case—by giving a notice to the occupier concerned; or

(b)by notification published in the gazette in which case each occupier of land to whom the notification applies must comply with the requisition.

(3)A person to whom a requisition is given must comply with the requisition.

Maximum penalty—50 penalty units or 6 months imprisonment.

Note—

This provision is an executive liability provision—see section 151.

(4)Without limiting the measures that may be required to be taken, an occupier may be required to do any of the following—

(a)make and maintain firebreaks in accordance with any directions contained in the notification or notice;

(b)remove, dispose of or otherwise deal with any vegetation or other flammable material in accordance with any directions contained in the notification or notice;

(c)obtain equipment and keep it available for use for fire fighting purposes;

(d)take measures to ensure an adequate supply of water or any other substance for fire fighting purposes;

(e)ensure that the means of escape from the premises in the event of fire can be safely and effectively used at all material times;

(f)suspend such operations as may be specified for the period specified.

(5)A notice under subsection (2)(a) must comply with the QCAT Act, section 157(2).

(6)Where an occupier of premises fails to comply with a notification or notice an authorised fire officer and any assistant may enter the premises and take any of the measures directed by the notification or notice to be taken and any expenses incurred in taking those measures may be recovered by the commissioner in a court of competent jurisdiction from the occupier.

(7)An authorised fire officer or an assistant who takes the measure of removing vegetation or other flammable material from premises, may take possession of and retain the material until it is disposed of pursuant to subsection (8) or until the person entitled to possession of it is determined.

(8)Where the commissioner is satisfied that anything retained pursuant to subsection (7) is the property of the occupier who failed to comply with the notification or notice the commissioner may sell or otherwise dispose of the material and the proceeds of the disposal may be applied by the commissioner in payment of expenses incurred in consequence of the failure to comply.

(9)Where the proceeds of the disposal of any material—

(a)are insufficient to cover the expenses incurred—the amount of the expenses that may be recovered under subsection (6) must be reduced by the amount of those proceeds;

(b)exceed the expenses incurred—the proceeds of the disposal must be applied in the following order—

(i)if there is an amount owing to an entity under a security interest registered against the property under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest;

(ii)in payment of any balance to the person whose property the commissioner believes the material to have been.

s 69 amd 1996 No. 42 ss 20 sch 1, 21 sch 2; 2001 No. 76 ss 24, 11 sch 2; 2006 No. 49 s 15; 2009 No. 24 s 103; 2010 No. 44 s 70; 2013 No. 51 s 229 sch 1; 2014 No. 17 s 184 sch 1 pt 4

70Restriction on sale of notified articles

The commissioner may, by notification published in the gazette, prohibit or regulate the sale, use or possession of any article or substance that the commissioner believes may constitute a fire risk.

s 70 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

71Notifications, notices and permits

(1)Any notification published in the gazette pursuant to this division—

(a)may be expressed so as to have effect either generally throughout the State or in part of the State only;

(b)may be expressed so as to apply differently in different circumstances;

(c)may, where it authorises or requires the doing of any act, specify conditions to be observed in respect of the doing of the act;

(d)may be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event;

(e)may be amended or revoked at any time by the commissioner by notification published in the gazette.

(2)Any permit granted or notice given pursuant to this division to a person—

(a)may, where it authorises or requires the doing of any act, specify conditions to be observed in respect of the doing of the act;

(b)may be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event;

(c)may, by the commissioner giving a notice to the person—

(i)for a permit—be amended, suspended or revoked at any time; or

(ii)for a notice—be amended or revoked at any time.

s 71 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2023 No. 7 s 20

72Offences re lighting fires

(1)A person commits an offence against this Act if the person does or, as the case may be, fails to do any of the following acts—

(a)fails to comply with any condition or direction contained in a notification, notice or permit given under this division in respect of the lighting of any fire;

(b)leaves unattended or fails to take reasonable measures to extinguish a fire in such circumstances as to cause or be likely to cause danger from fire to any person or property or to the environment;

(c)not acting in accordance with a notification, notice or permit given under this division, discards, propels or places any burning article or substance (or anything otherwise capable of causing fire)—

(i)thereby causing a fire that endangers or is likely to endanger any person or property or the environment; or

(ii)in such circumstances as to be likely to cause a fire that would be likely to endanger any person or property or the environment;

(d)wilfully and unlawfully destroys, damages, removes, covers or otherwise interferes with a notice relating to the lighting of fires displayed by the commissioner or by a rural fire brigade for the purposes of this Act;

(e)knowingly provides any false or misleading information in respect of an application for a permit under section 65;

(f)without the consent of the commissioner, alters any particular shown in a permit granted under section 65.

Maximum penalty—

(a)if the offence is committed during a state of fire emergency at a place to which the declaration of emergency applies—250 penalty units or 1 year’s imprisonment; or

(b)otherwise—50 penalty units or 6 months imprisonment.

(2)In subsection (1)—

property does not include property of the person alleged to have committed the offence in question.

s 72 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2006 No. 49 s 16

73Liability of person for fire lit by agent or employee

(1)Notwithstanding the Criminal Code, sections 7 and 23 where any person commits an offence against this division in respect of the lighting of a fire as an agent or employee, the principal or employer of that person is taken to have committed the offence and may be prosecuted and punished for the offence unless it is proved that the agent or employee was acting contrary to instructions and that the principal or employer could not have prevented the commission of the offence by exercising reasonable supervision.

(2)Subsection (1) applies without prejudicing any liability imposed under this division upon the person by whom an offence is actually committed.

74Liability for damage caused by certain fires

(1)A person who lights a fire—

(a)authorised to be lit by notification given under section 63 or by a permit granted under section 65; or

(b)in order to comply with a notification or notice given under section 69;

and who, in lighting the fire, complies with any condition or direction contained in the notification, notice or permit and does not contravene any provision of this Act does not incur any liability at common law for any loss, injury or damage caused by the fire unless it is shown that the person acted recklessly or maliciously caused the loss, injury or damage.

(2)Subsection (1) applies only in respect of a fire lit for the purpose of or likely to have the effect of burning off vegetation.

75Chief fire wardens and fire wardens

(1)Such number of chief fire wardens and fire wardens may be appointed as the commissioner thinks necessary or expedient for the purposes of this Act.

(2)Subject to subsection (3), appointments must be made in writing by the commissioner.

(3)Where the appointee is a public service officer or a police officer, the appointment must be made by the Governor in Council by notification published in the gazette—

(a)specifying the name of the appointee; or

(b)specifying that the appointment is made to the holder of a specified office in which case each person who, for any period, holds or performs the duties of that office is, for that period, a chief fire warden or, as the case may be, a fire warden.

(4)A person may hold an office under this section in conjunction with any office held with QFES, the public service or the police service.

(5)The commissioner may, by giving a notice to an appointee, cancel the appointment, whether the appointment was made by the commissioner or the Governor in Council.

(6)The Governor in Council may, by notification published in the gazette, amend or rescind any notification made under subsection (3)(b).

s 75 amd 1996 No. 42 ss 21 sch 2, 3 sch 3; 1998 No. 37 s 9 sch; 2001 No. 76 ss 24(1), 11 sch 2; 2014 No. 17 s 94

76Powers and functions

(1)The powers of a chief fire warden or fire warden are the same as those of an authorised fire officer subject to any limitation imposed by the commissioner.

(2)The commissioner may direct a chief fire warden or a fire warden to discharge functions in addition to those imposed by this Act.

(3)In exercising a power or discharging a function a chief fire warden or fire warden must comply with any code of practice and with any direction of the commissioner.

s 76 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

77Expenses

A chief fire warden or a fire warden may be paid such expenses as are approved by the Governor in Council.

78Appeals from decisions of fire wardens

(1)Where pursuant to a delegation of the commissioner’s powers a chief fire warden or a fire warden is empowered to issue notices under section 64 or 69 or to determine applications for permits under section 65, any person aggrieved by a decision made by the chief fire warden or fire warden in the exercise of the power may appeal against the decision by notice in writing given to the commissioner.

(2)The commissioner may allow or dismiss an appeal and may, where an appeal is allowed, make any order that appears just.

s 78 amd 1996 No. 42 ss 21 sch 2, 3 sch 3; 2001 No. 76 s 24 (1), (3)

79Formation of rural fire brigade

(1)Any group of persons may apply to the commissioner for registration as a rural fire brigade.

(2)The commissioner may grant or refuse an application and, in the case of the granting of an application, must assign a registration number to the rural fire brigade.

(3)The commissioner may at any time cancel the registration of a rural fire brigade.

s 79 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

80Rural fire brigade may make rules

(1)A rural fire brigade may make rules, not inconsistent with this Act, for the purpose of regulating its proceedings and the conduct of its operations including the acquisition, vesting and disposal of its property and funds.

(2)A rule has no effect unless approved by the commissioner.

(3)The commissioner may at any time direct a rural fire brigade to amend, revoke or make rules in the manner and for the purpose specified in the direction.

s 80 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

81Officers of rural fire brigade

(1)A rural fire brigade must elect a first officer to be in charge of the brigade.

(2)A rural fire brigade may also elect such other officers as it considers necessary.

(3)Any election must be conducted in accordance with the commissioner’s directions and has no effect unless approved by the commissioner.

(4)A person holds office for the period specified by the commissioner.

(5)The commissioner may dismiss a person from any office held with a rural fire brigade or may disqualify a person from holding any office.

s 81 amd 1996 No. 42 ss 21 sch 2, 3 sch 3; 2001 No. 76 s 24 (1), (3)

82Functions of a rural fire brigade

(1)The functions of a rural fire brigade are fire fighting and fire prevention and such other functions as the commissioner may direct.

(2)The commissioner must notify a rural fire brigade of the area for which and the circumstances in which the brigade is in charge of fire fighting and fire prevention.

(3)In this section—

fire prevention includes taking measures in readiness for fire so as to reduce potential danger to persons, property or the environment.

s 82 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

83Powers of first officer

(1)Where, pursuant to notification given under section 82(2), a rural fire brigade is in charge of operations for controlling and extinguishing a fire, the first officer of the brigade has, for that purpose—

(a)the powers of an authorised fire officer, subject to any limitation imposed by the commissioner; and

(b)the control and direction of any person (including any fire officer) whose services are available at the fire.

(2)Any power exercisable by the first officer of a rural fire brigade may be exercised by any person acting at the direction of the first officer.

(3)Any person exercising a power or discharging a function under this section must comply with any code of practice and with any direction of the commissioner.

(4)In this section—

first officer includes, where the first officer of a rural fire brigade is unavailable to act, the next senior officer of the brigade who is available.

(5)Where a rural fire brigade is assisting in operations for controlling or extinguishing a fire, the person who pursuant to this Act or any direction given by the commissioner is in charge of those operations has the control and direction of the members of the rural fire brigade.

s 83 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

84Equipment for rural fire brigade

(1)The commissioner may provide any rural fire brigade with equipment for carrying out its responsibilities or may, for that purpose, subsidise the purchase of equipment by a rural fire brigade.

(2)All equipment provided by, or the purchase of which is subsidised by, the commissioner is and remains the property of the State and may at any time be repossessed by the commissioner.

(3)A justice, acting upon the complaint of the commissioner, may issue a warrant authorising any person named in it or belonging to a class of person specified in it to search for and seize any equipment that pursuant to subsection (2) is the property of the State.

(4)A person authorised to execute a warrant may, for that purpose—

(a)enter any premises in which the person believes the equipment may be located;

(b)break open anything the person believes may contain the equipment.

(5)In this section—

equipment, without limiting the meaning of the term, includes plant and any liquid or gaseous substance.

s 84 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 ss 24(1), 11 sch 2; 2014 No. 17 s 184 sch 1 pt 4

85Commissioner’s role relating to rural fire brigades

The commissioner is responsible for the efficiency of rural fire brigades and may provide training and other assistance to them.

s 85 amd 1996 No. 42 ss 20 sch 1, 21 sch 2; 2001 No. 76 s 11 sch 2; 2014 No. 17 s 184 sch 1 pt 4

86Powers of officers of other States to fight fires in Queensland

(1)In this section—

officer of another State means an officer of any body or organisation that, pursuant to any law of another State, is responsible for extinguishing fires in rural areas in that State.

State means the State of New South Wales or the State of South Australia or the Northern Territory.

(2)Where an officer of another State determines in good faith—

(a)that a fire burning in Queensland may continue burning into the other State; or

(b)that a fire burning in the other State may continue burning into Queensland;

the officer may take measures in Queensland for extinguishing or controlling the fire.

(3)If an officer of another State, in Queensland for the purpose of taking measures authorised by subsection (2) to be taken, is the senior officer present of the relevant body or organisation, the officer may exercise, subject to subsection (4), any of the powers of a first officer of a rural fire brigade.

(4)Where, pursuant to this Act or any direction given by the commissioner, any person has control of operations at a fire in Queensland at which an officer of another State is present, that officer must obey any direction given by the person having control of operations.

s 86 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

ch 3 pt 8 div 1 hdg ins 1995 No. 55 s 15

86AImposing local fire ban

(1)If the commissioner considers a fire emergency exists in a local government’s area, the commissioner may, by notice published under section 86B, impose a ban on the lighting of fires (a local fire ban) in the area.

(2)A local fire ban—

(a)must not be imposed for a period of more than 14 days; and

(b)may—

(i)be imposed for an entire local government area or part of a local government area; and

(ii)prohibit the lighting of all, or only particular, types of fires.

(3)The area to which a local fire ban applies is called the fire ban area.

s 86A ins 1995 No. 55 s 15

amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2023 No. 7 s 7

86BNotifying local fire ban

(1)Notice of the imposition of a local fire ban must be published on the department’s website (normal publication).

(2)However, if notice of the imposition of a local fire ban can not for technical or other reasons be conveniently published by normal publication, notice of the imposition may be published (alternative publication)—

(a)in another way decided by the commissioner; and

(b)by normal publication as soon as practicable.

(3)Notice of the imposition of a local fire ban must—

(a)state the local government area to which the ban applies; and

(b)if appropriate, describe the part of the local government area to which the ban applies; and

(c)state the types of fires the lighting of which are prohibited under the ban; and

(d)state the period of the ban.

(4)As well as publishing notice of the imposition of a local fire ban by normal publication or alternative publication, the commissioner may cause the imposition of the ban to be publicised in any other way the commissioner considers appropriate.

(5)This section applies despite the Financial Accountability Act 2009, section 88F.

s 86B ins 1995 No. 55 s 15

amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

sub 2023 No. 7 s 8

86CCancelling local fire ban

(1)If, while a local fire ban is in force, the commissioner considers the fire emergency for which the ban was imposed has ceased to exist, the commissioner must, by notice published under this section, cancel the ban.

(2)Notice of the cancellation of a local fire ban must be published on the department’s website (normal publication).

(3)However, if notice of the cancellation of a local fire ban can not for technical or other reasons be conveniently published by normal publication, notice of the cancellation may be published (alternative publication)—

(a)in another way decided by the commissioner; and

(b)by normal publication as soon as practicable.

(4)As well as publishing notice of the cancellation of a local fire ban by normal publication or alternative publication, the commissioner may cause the cancellation of the ban to be publicised in any other way the commissioner considers appropriate.

(5)This section applies despite the Financial Accountability Act 2009, section 88F.

s 86C ins 1995 No. 55 s 15

amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2023 No. 7 s 9

86DPeriod of local fire ban

(1)A local fire ban takes effect on the day and at the time stated in the notice published under section 86B for imposing the ban.

(2)The cancellation of a local fire ban takes effect on the day and at the time stated in the notice published under section 86C for cancelling the ban.

(3)For subsections (1) and (2), the day and time stated in the notice must not be before the day and time the notice is published.

(4)A local fire ban remains in force until the earlier of the following happens—

(a)the period of the ban stated in the notice published for the ban ends;

(b)the ban is cancelled.

s 86D ins 1995 No. 55 s 15

sub 2023 No. 7 s 10

86EEffect of local fire ban on other authorisations to light fires

While a local fire ban remains in force, any authority given under this or another Act to light a fire in the fire ban area ceases to have effect, to the extent to which the authority applies to fires the lighting of which is prohibited under the ban.

s 86E ins 1995 No. 55 s 15

86FContravening local fire ban

While a local fire ban is in force, a person must not light a fire in the fire ban area if the lighting of the fire is prohibited under the ban.

Maximum penalty—50 penalty units or 6 months imprisonment.

s 86F ins 1995 No. 55 s 15

86GEvidentiary aid about local fire ban

In a proceeding for an offence against section 86F, a certificate purporting to be signed by the commissioner stating the following matters is evidence of the matters—

(a)on a stated day, or during a stated period, a local fire ban was in force at a stated place;

(b)the types of fire the lighting of which was prohibited under the ban.

s 86G ins 1995 No. 55 s 15

amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

ch 3 pt 8 div 2 hdg ins 1995 No. 55 s 15

87Declaration of state of fire emergency

(1)The commissioner may, with the approval of the Minister, declare that a state of fire emergency exists within Queensland.

(2)A declaration of a state of fire emergency—

(a)may have effect throughout the State or in part of the State, as specified in the declaration;

(b)may apply differently according to factors specified in the declaration;

(c)may, if it does not prohibit the lighting of all types of fires, prescribe conditions to be observed in lighting fires of any type not prohibited;

(d)may order that the lighting of any fire of a type not prohibited be subject to the granting of a permit under section 65 by the commissioner or by a person belonging to a class of person specified in the declaration;

(e)may order that any person finding a fire burning in the open air take all possible steps to extinguish it and, as soon as is practicable, report the existence and locality of the fire to any person belonging to a class of person specified in the declaration;

(f)may prohibit the use of any appliance, material or substance specified in the declaration that, in the opinion of the commissioner, is or is likely to cause a fire risk;

(g)may order the suspension of such operations as may be specified for the period specified;

(h)may, with the approval of the Minister, be amended or revoked at any time.

s 87 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

88Notification of declaration

(1)Every declaration of a state of fire emergency or amendment or revocation of a declaration—

(a)must be notified in the gazette; and

(b)may, in addition to the notification under paragraph (a), be notified in the following ways—

(i)on the department’s website;

(ii)by radio or television in the area to which it applies.

(2)A declaration of a state of fire emergency or an amendment or revocation of a declaration takes effect from—

(a)the date on which it is notified in the gazette; or

(b)if it is sooner notified under subsection (1)(b)—the date on which it is notified under subsection (1)(b).

(3)To ensure public knowledge of a declaration of a state of fire emergency or an amendment or revocation of a declaration in the area to which it applies, the commissioner must take measures to give widespread publicity of the declaration or the amendment or revocation of the declaration.

(4)However, any alleged failure to take measures under subsection (3) in relation to a declaration of a state of fire emergency or an amendment of a declaration is not an excuse for failure to comply with the declaration.

(5)This section applies despite the Financial Accountability Act 2009, section 88F.

s 88 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2023 No. 7 s 11

89Period of state of fire emergency

A state of fire emergency declared by the commissioner remains in force—

(a)where a period for which it is to remain in force is specified in the declaration, until that period expires unless the declaration is sooner amended by extending that period or revoked; or

(b)where no period is specified, until the declaration is revoked.

s 89 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

90Effect of emergency on existing authorities to light fires

(1)Upon the declaration of a state of fire emergency, any authority given under this or any other Act to light a fire, whether given before or during the state of emergency, ceases to have effect while the state of emergency remains in force.

(2)Subsection (1) applies subject to any authority to light a fire specified in the declaration or any permit granted after the commencement of the state of emergency in accordance with the declaration.

91Commissioner’s power during fire emergency

(1)While a state of fire emergency remains in force, the commissioner may take any reasonable measure to abate the fire emergency.

(2)Without limiting those measures, they include requisitioning any premises, plant, equipment, materials or substance for fire fighting or fire prevention.

s 91 amd 1996 No. 42 ss 20 sch 1, 21 sch 2; 2001 No. 76 s 24 (1), (4)

92Failure to comply with declaration

Any person who fails to comply with a declaration of a state of fire emergency or with any requisition made pursuant to section 91(2) commits an offence against this Act.

Maximum penalty—250 penalty units or 2 years imprisonment.

s 92 amd 1995 No. 55 s 16; 2023 No. 7 s 68 sch 1 pt 1

93Certificate about declaration

In any proceeding for—

(a)an offence defined in section 92; or

(b)any other offence against this Act where it is alleged as a circumstance of aggravation that the offence was committed during a state of fire emergency at a place to which the declaration of the emergency applied;

any certificate signed by the commissioner stating that a state of fire emergency declared under section 87 existed at a specified place and during a specified period and specifying any of the provisions of the declaration is evidence of the matters contained in the certificate.

s 93 amd 1995 No. 55 s 17; 1996 No. 42 s 3 sch 3; 2001 No. 76 s 24 (1)

95Application of part

(1)This part does not apply in respect of—

(a)persons or substances in or about a mine to which the Mining and Quarrying Safety and Health Act 1999 applies;

(b)persons or substances in or about a mine to which the Coal Mining Safety and Health Act 1999 applies;

(c)persons or substances in or about a well to which any of the following Acts apply—

•Petroleum Act 1923

•Petroleum and Gas (Production and Safety) Act 2004

•Geothermal Energy Act 2010

•Greenhouse Gas Storage Act 2009.

(2)This part does not derogate from the provisions of the Radiation Safety Act 1999, the Transport Operations (Marine Safety) Act 1994 or the Work Health and Safety Act 2011 and where there is any conflict between the provisions of this and the provisions of those Acts, the provisions of those Acts prevail, to the extent of the inconsistency.

s 95 amd 1999 No. 20 s 233 (amd 2000 No. 46 s 3 sch); 1999 No. 39 s 299 sch 1; 1999 No. 40 s 274 sch 1; 2004 No. 25 s 901; 2009 No. 3 s 474; 2011 No. 18 s 404 sch 4 pt 1; 2010 No. 31 s 585 sch 2 pt 4

96Occupier to provide information concerning dangerous goods

(1)Where a person—

(a)is an occupier of premises in or on which any dangerous goods are stored; or

(b)is to be the occupier of premises presently under construction, in or on which any dangerous goods are to be stored;

the commissioner may give a notice requiring the person to provide such information concerning the dangerous goods as is specified in the notice.

(2)A person to whom a notice is given must provide the information sought within the time specified in the notice.

s 96 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

97Off-site emergency plans

(1)In any case in which the commissioner has power to give a person a notice requiring information concerning any dangerous goods, the commissioner may by notice in writing require the person, within the time specified in the notice, to prepare and lodge with the commissioner a plan relating to those dangerous goods (an off-site emergency plan).

(2)A notice may be given to a person under subsection (1) whether or not a notice has been given under section 96 or, where a notice has been given under that section, whether or not the person has complied with the notice.

(3)A person required by notice given under subsection (1) to prepare and lodge an off-site emergency plan is referred to in this part as the person responsible for the plan.

(4)An off-site emergency plan must provide for measures to be taken in preparation for a hazardous materials emergency or upon a hazardous materials emergency occurring so that danger that may thereby arise to any person who or property that is outside the premises to which the plan relates or to the environment is avoided or limited.

s 97 amd 1996 No. 42 ss 20 sch 1, 21 sch 2; 2001 No. 76 s 24 (1); 2002 No. 60 s 19

98Assistance with plans

(1)The commissioner must provide an advisory service and, to the extent practicable, assist in the preparation and implementation of off-site emergency plans.

(2)A person responsible for a plan is liable to pay to the commissioner charges for any advice or other assistance provided.

s 98 amd 1996 No. 42 ss 20 sch 1, 21 sch 2; 2001 No. 76 ss 24(1), 11 sch 2; 2014 No. 17 s 184 sch 1 pt 4

99Approval of plans

Where an emergency plan is lodged, the commissioner—

(a)may approve or refuse to approve the plan;

(b)may, if approving the plan, subject approval to conditions;

(c)must, if rejecting the plan, give the person responsible for the plan notice in writing specifying the manner in which the plan is deficient and requiring that a new or amended plan be lodged within the time specified in the notice.

s 99 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

100Amendment of plan

(1)An off-site emergency plan may be amended with the approval of the commissioner.

(2)The commissioner may give a notice to a person responsible for an off-site emergency plan requiring that the plan be amended and lodged with the commissioner for approval.

s 100 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

101Duty to implement plan

(1)Where an off-site emergency plan has been approved by the commissioner, the person responsible for the plan must ensure that all measures provided for in the plan (and in any amendment approved to the plan) are taken.

(2)A person who fails to discharge that duty commits an offence against this Act.

(3)If the commissioner believes that any measure provided for in a plan has not been taken, the commissioner may give a notice to the person responsible for the plan requiring that the measure be taken within the time specified in the notice.

s 101 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

102Notice of changed circumstances

(1)Where any change of circumstances occurs that substantially reduces the effectiveness of an off-site emergency plan or that renders the plan unnecessary, the person responsible for the plan must immediately give notice in writing of that fact to the commissioner.

(2)The commissioner, if aware that an off-site emergency plan is no longer necessary because of any change of circumstances, must give approval to the person responsible for the plan to discontinue giving effect to the plan.

s 102 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

103Keeping copies of plans

The commissioner must keep a copy of every off-site emergency plan lodged for approval and of every amendment to a plan.

s 103 amd 1996 No. 42 ss 20 sch 1, 21 sch 2; 2001 No. 76 s 11 sch 2; 2014 No. 17 s 184 sch 1 pt 4

104Punishment for certain offences against this part

A person convicted of—

(a)an offence defined in section 101(2); or

(b)an offence consisting in a failure to notify a change of circumstances, as required by section 102(1), that substantially reduces the effectiveness of a plan; or

(c)an offence consisting in a failure to comply with a notice given under this part;

is liable to a maximum penalty of 250 penalty units or 1 year’s imprisonment.

s 104 amd 1995 No. 55 s 19; 2001 No. 76 s 11 sch 2

ch 3 pt 9A hdg ins 1991 No. 51 s 3.10

ch 3 pt 9A div 1 hdg ins 1991 No. 51 s 3.10

104AInterpretation

In this part (other than division 5A) and in schedule 5—

building means a fixed structure that is wholly or partly enclosed by walls and is roofed and includes a floating building and any part of a building but does not include—

(a)a single dwelling house, being either a detached dwelling house or a town, terrace, row, villa or like house attached to another such house or other such houses only by a wall on 1 or more of its sides; or

(b)a building treated as part of a coal mine for the purposes of the Coal Mining Safety and Health Act 1999 or as part of a mine for the purposes of the Mining and Quarrying Safety and Health Act 1999.

s 104A def building amd 1999 No. 39 s 299 sch 1; 1999 No. 40 s 274 sch 1; 2006 No. 49 s 17 (2)

Building Advisory Committee ...

s 104A def Building Advisory Committee om 1998 No. 13 s 191 sch

building certifier ...

s 104A def building certifier ins 1998 No. 13 s 191 sch

om 2006 No. 49 s 17 (3)

Building Code of Australia ...

s 104A def Building Code of Australia amd 1998 No. 13 s 191 sch

om 2006 No. 49 s 17 (3)

building surveyor ...

s 104A def building surveyor om 1998 No. 13 s 191 sch

fire safety installation means a fire safety installation within the meaning of the Building Act 1975.

s 104A def fire safety installation amd 1998 No. 13 s 191 sch; 2006 No. 49 s 17 (4)

ground level has the same meaning for the purposes of this part as the term has as defined in the Queensland Appendix to the Building Code of Australia for the purposes specified therein.

IPA ...

s 104A def IPA ins 2002 No. 60 s 23 sch

om 2009 No. 36 s 872 sch 2

maintain includes install or establish and maintain.

prescribed fire safety installation means a prescribed fire safety installation within the meaning of section 104D.

Standard Building Law ...

s 104A def Standard Building Law om 1998 No. 13 s 191 sch

Standard Building Regulation ...

s 104A def Standard Building Regulation ins 1998 No. 13 s 191 sch

om 2006 No. 49 s 17 (3)

s 104A ins 1991 No. 51 s 3.10

amd 2006 No. 49 s 17 (1)

104BApplication to prisons

This part applies in relation to a building that is, or that is treated as part of, a prison for the purposes of the Corrective Services Act 2006, but an authorised fire officer is not competent to exercise a power conferred by sections 55 to 58C in relation to such a building without the consent of the person in charge of the prison within the meaning of the Corrective Services Act 2006.

s 104B ins 1991 No. 51 s 3.10

amd 2000 No. 63 s 276 sch 2; 2006 No. 29 s 518 sch 3; 2006 No. 49 s 18

ch 3 pt 9A div 2 hdg ins 1991 No. 51 s 3.11

sub 2002 No. 7 s 10

ch 3 pt 9A div 2 sdiv 1 hdg ins 2002 No. 7 s 10

104COccupier of building to maintain means of escape from building

The occupier of a building must maintain at all times free from obstruction adequate means of escape in the event of fire threatening any part of the building.

Maximum penalty—

(a)if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or

(b)if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or

(c)if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)otherwise—100 penalty units.

Note—

This provision is an executive liability provision—see section 151.

s 104C ins 1991 No. 51 s 3.11

amd 2006 No. 49 s 19; 2013 No. 51 s 229 sch 1

104DOccupier of building to maintain prescribed fire safety installations

(1)The occupier of a building must maintain at all times every prescribed fire safety installation to a standard of safety and reliability in the event of fire.

Maximum penalty—

(a)if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or

(b)if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or

(c)if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)if the contravention causes substantial property loss—500 penalty units or 6 months imprisonment; or

(e)otherwise—100 penalty units.

Note—

This provision is an executive liability provision—see section 150J.

(2)It is a defence to a charge made under this Act that an occupier of a building, in contravention of subsection (1), has failed to maintain for the building a prescribed fire safety installation for the defendant to prove—

(a)that the prescribed fire safety installation would not be required to be maintained for the building if the building were constructed at the time of the alleged offence and was unnecessary for the purposes of fire safety; or

(b)that in lieu of the prescribed fire safety installation there is maintained a fire safety installation of equivalent or greater effectiveness.

(3)For the purposes of this section—

Act includes any Act and any proclamation, order in council, regulation, rule, local law or other instrument of subordinate legislation made under any Act, whenever passed or made whether or not it has ceased to exist.

prescribed fire safety installation means a fire safety installation—

(a)that was at any time required to be maintained for the building in question by or under any Act, including as a prerequisite to the granting of any approval or the issue of any notice, certificate or instrument; and

(b)that was not at any time authorised by or under any Act to be no longer maintained.

s 104D ins 1991 No. 51 s 3.11

amd 2006 No. 49 s 20; 2013 No. 51 s 229 sch 1; 2023 No. 7 s 21

104DA Additional requirement for monitored systems

(1)The occupier of a building must maintain each monitored system for the building to ensure an unacceptable number of unwanted alarms are not signalled from the system.

(2)For subsection (1), the number of unwanted alarms signalled from a monitored system is unacceptable if the number signalled since the end of the last financial year is—

(a)more than 4; and

(b)more than the average number for the last financial year published under subsection (4).

(3)However, the commissioner may decide that, despite subsection (2), the number of unwanted alarms signalled from a monitored system is acceptable, having regard to—

(a)the size and other characteristics of the building; and

(b)how the building is used; and

(c)the number of detector heads in the building; and

(d)whether the system also relates to other buildings.

(4)As soon as practicable after 30 June each year, the commissioner must calculate, and notify in the gazette, the average number of unwanted alarms for monitored systems for the last financial year.

(5)The number must be calculated by dividing the total number of unwanted alarms signalled from all monitored systems during the last financial year by the total number of monitored systems in operation during the last financial year.

(6)In this section—

detector head means a part of a monitored system that detects smoke or heat and sends a signal to another part of the system.

emergency means a situation in which there is danger of harm to persons or property from a fire or hazardous materials emergency.

emergency alarm means an alarm, from a monitored system for a building, signalled to QFES to attend the building.

maintain, a monitored system, includes—

(a)ensure the system is in good repair; and

(b)ensure each part of the system is properly installed and appropriately located; and

(c)ensure the system is able to distinguish between a fire and normal conditions in the building; and

(d)implement measures for avoiding unwanted alarms from the system.

Examples of implementing measures for paragraph (d)—

•establishing requirements for persons working near the system to isolate the system while using tools that may cause an unwanted alarm

•giving information sheets to guests in the building about the sensitivity of the system and how to avoid causing an unwanted alarm

•for a building used to provide residential accommodation that has a high level of unwanted alarms, installing an alarm acknowledgement facility under AS1670.1—2004

monitored system, for a building, means an automatic smoke detection and alarm system—

(a)that is a prescribed fire safety installation for the building; and

(b)that is monitored by QFES.

unwanted alarm means an emergency alarm signalled at a time when the commissioner is satisfied there was no emergency requiring the attendance of QFES.

s 104DA ins 2006 No. 49 s 21

amd 2014 No. 17 s 95

ch 3 pt 9A div 2 sdiv 2 hdg ins 2002 No. 7 s 11

104EFire and evacuation plan

(1)The occupier of a building must—

(a)maintain at all times a plan of the action to be taken by persons within the building in the event of fire threatening the building adequate to ensure their own and other persons safety (a fire and evacuation plan); and

(b)provide adequate instructions to prescribed persons in the building concerning the action to be taken by them in the event of fire threatening the building in order to ensure their own and other persons safety.

Maximum penalty—

(a)if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or

(b)if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or

(c)if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)otherwise—100 penalty units.

(2)In this section—

prescribed person means a person who works or resides in or visits the building for more than a total time, during a period, prescribed under a regulation.

s 104E ins 1991 No. 51 s 3.11

amd 2006 No. 49 s 22

104FAssistance with plan

(1)The commissioner may provide assistance to the occupier of a building in the preparation and implementation of the plan required to be maintained by the occupier pursuant to section 104E(1)(a) and any regulations made under this part in relation to such a plan.

(2)An occupier to whom assistance is provided is liable to pay to the commissioner the amounts charged by the commissioner for the assistance.

s 104F ins 1991 No. 51 s 3.12

amd 1996 No. 42 ss 20 sch 1, 21 sch 2, 3 sch 3; 2001 No. 76 ss 24(1), 11 sch 2; 2014 No. 17 s 184 sch 1 pt 4

ch 3 pt 9A div 2 sdiv 3 hdg ins 2002 No. 7 s 12

104FA Obligation to prepare fire safety management plan

(1)This section applies to a budget accommodation building only if—

(a)construction of the building started before the commencement of this section; or

(b)construction of the building was—

(i)approved under the repealed Integrated Planning Act 1997 before the commencement; and

(ii)started on or after the commencement; or

(c)an application for approval to construct the building—

(i)was made under the repealed Integrated Planning Act 1997 before the commencement; and

(ii)the approval is given on or after the commencement.

(2)The owner of the budget accommodation building must prepare a fire safety management plan for the building within 1 year after the commencement.

Maximum penalty—

(a)if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or

(b)if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or

(c)if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)otherwise—100 penalty units.

s 104FA ins 2002 No. 7 s 12

amd 2006 No. 49 s 23; 2009 No. 36 s 872 sch 2

104FB Other obligations about fire safety management plan

(1)The owner of a budget accommodation building who is required, under section 104FA or the Building Act 1975, section 27, to prepare a fire safety management plan for the building must ensure the plan is updated as soon as practicable, but not later than 1 month, after a change in circumstances affecting the plan’s compliance with the fire safety standard.

Maximum penalty—

(a)if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or

(b)if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or

(c)if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)otherwise—100 penalty units.

(2)A change in circumstances mentioned in subsection (1) includes, for example, a change in the fire safety standard.

(3)The owner must ensure the current fire safety management plan is implemented.

Maximum penalty for subsection (3)—

(a)if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or

(b)if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or

(c)if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)otherwise—100 penalty units.

s 104FB ins 2002 No. 7 s 12

amd 1975 No. 11 s 283 (3) (a) (amd 2006 No. 36 s 69) (amdt could not be given effect); 2006 No. 49 s 24

104FC Meaning of fire safety management plan

(1)A fire safety management plan for a building is a plan that states each of the following and complies with subsections (2) and (3)—

(a)the allowable number of occupants for the building;

(b)the proposed maintenance schedule for the building’s prescribed fire safety installations;

(c)the evacuation plan for evacuating the building’s occupants, including occupants with an intellectual or physical disability, in the event of a fire in the building;

(d)proposed training programs for occupants and persons employed in the building about—

(i)fire management and prevention; and

(ii)emergency evacuation;

(e)a list of the building’s prescribed fire safety installations, together with the brand name and model number of each installation, if applicable.

(2)The matters mentioned in subsection (1)(a) to (d) must comply with the fire safety standard.

(3)The fire safety management plan must have attached to it, or be accompanied by, a copy of the building plans, in a reasonable scale, identifying the location of the building’s prescribed fire safety installations.

s 104FC ins 2002 No. 7 s 12

104FD Guidelines for preparing fire safety management plans

(1)The commissioner may issue guidelines for preparing fire safety management plans.

(2)Before issuing the guidelines, the commissioner must consult with any entity the commissioner considers appropriate.

s 104FD ins 2002 No. 7 s 12

amd 2014 No. 17 s 184 sch 1 pt 4

104FE Public notice of guidelines

The commissioner must ensure the guidelines and any document applied, adopted or incorporated by the guidelines are available for inspection on the department’s website.

s 104FE ins 2002 No. 7 s 12

amd 2014 No. 17 s 184 sch 1 pt 4

sub 2023 No. 7 s 12

104FG Accessing fire safety management plan

The owner of a budget accommodation building must ensure a copy of the building’s current fire safety management plan is kept in the building and is available for inspection, free of charge, by the building’s occupants and other members of the public whenever the building is open for business.

Maximum penalty—20 penalty units.

s 104FG ins 2002 No. 7 s 12

ch 3 pt 9A div 2 sdiv 3A hdg ins 2006 No. 49 s 25

104FGA Provisions applying for particular proceedings

(1)This section applies for sections 104C, 104D, 104E, 104FA and 104FB (each the section).

(2)A person causes something mentioned in the section if the person’s act or omission is a substantial or significant cause of the thing or substantially contributes to the thing.

(3)The section applies despite the Criminal Code, sections 23(1) and 24.

(4)It is a defence in a proceeding against a person for a contravention of the section for the person to prove the person took reasonable precautions and exercised proper diligence to prevent the contravention.

(5)Also, it is a defence in a proceeding against a person for a contravention of the section for the person to prove the contravention was due to causes over which the person had no control.

s 104FGA ins 2006 No. 49 s 25

ch 3 pt 9A div 2 sdiv 4 hdg ins 2002 No. 7 s 12

104FH Obligations about guidelines for fire safety standard and fire safety management plans

(1)In carrying out a function or power conferred on an entity under this Act, the entity must have regard to—

(a)for a matter relating to the fire safety standard—the information in the fire safety standard guidelines; or

(b)for a matter relating to the fire safety management plan—the information in the fire safety management plan guidelines.

(2)In ensuring a budget accommodation building conforms with the fire safety standard, the owner of the building must have regard to the information in the fire safety standard guidelines.

(3)In preparing a fire safety management plan for a budget accommodation building, the owner of the building must have regard to the information in—

(a)the fire safety standard guidelines; and

(b)the fire safety management plan guidelines.

(4)In this section—

fire safety management plan guidelines means the guidelines made under section 104FD.

fire safety standard guidelines means the guidelines made under the Building Act 1975, section 218.

s 104FH ins 2002 No. 7 s 12

amd 1975 No. 11 s 283 (3) (a) (amd 2006 No. 36 s 69)

ch 3 pt 9A div 2 sdiv 5 hdg ins 2002 No. 7 s 12

amd 2006 No. 49 s 26

104GNotice by commissioner about occupier’s or owner’s obligations

(1)The commissioner may give the occupier or owner of a building written notice requiring the occupier or owner to remedy any matter in respect of which the commissioner is of the opinion that the occupier or owner has failed to comply with this division or with regulations made under this part.

(1A)The notice under subsection (1) must state the following—

(a)that the commissioner has decided the occupier or owner has failed to comply with this division or with regulations made under this part;

(b)the action to be taken by the occupier or owner to remedy the failure mentioned in paragraph (a);

(c)the period within which the failure must be remedied;

(d)the reasons for the decision mentioned in paragraph (a);

(e)that the occupier may apply to QCAT for a review of the occupancy notice;

(f)how, and the period within which, the occupier may apply to QCAT for the review;

(g)any right the occupier has to have the operation of the occupancy notice stayed under the QCAT Act.

(2)Also, to the extent that it specifies that an alteration is to be made to the structure of a building, notice under subsection (1) is not valid unless the commissioner first consults the local government in whose area the building is situated.

(3)A person who is given a notice pursuant to subsection (1) must comply with the notice.

(4)The giving of a notice under subsection (1) does not affect any other proceedings under this Act relating to the noncompliance to which the notice relates.

s 104G ins 1991 No. 51 s 3.12

amd 1996 No. 42 ss 20 sch 1, 21 sch 2; 2001 No. 76 s 24 (1); 2002 No. 7 s 13; 2009 No. 24 s 104; 2023 No. 7 s 14

ch 3 pt 9A div 3 hdg ins 1991 No. 51 s 3.13

104HProhibition on prescribed use without certificate of compliance

(1)A regulation may prohibit the use of a building as prescribed under the regulation unless there is in existence a certificate of compliance issued under section 104I in relation to that building use.

(2)A regulation made under subsection (1)—

(a)must be expressed to apply in relation to a building use specified in schedule 5 unless the Governor in Council is satisfied that urgent action is required to reduce the risk of fire in relation to a building use not specified in schedule 5; and

(b)may be expressed to apply in relation to all buildings or any building of a description defined in the regulation.

(3)A regulation may revoke a certificate of compliance or class thereof issued before the regulation is made that authorised a building use to which the regulation applies.

(4)An occupier of a building who uses the building in contravention of a regulation made under subsection (1) commits an offence against this Act.

(5)An occupier of a building is not liable to any penalty prescribed by this Act by reason of the building being used in contravention of subsection (4) on and from the date the occupier makes application for a certificate of compliance under section 104I to and including the date the occupier is issued a certificate of compliance or given a notice refusing the application pursuant to section 104I.

(6)Subsection (5) does not apply in relation to an application made after a previous application has been refused.

s 104H ins 1991 No. 51 s 3.13

amd 1995 No. 55 s 20

104ICertificate of compliance

(1)An occupier of a building to which a regulation made under section 104H(1) applies may apply to the commissioner to be issued a certificate of compliance under this section in relation to a building use to which the regulation applies.

(2)An application must—

(a)be accompanied by the fee prescribed under a regulation; and

(b)provide the information prescribed under a regulation; and

(c)specify the building and the building use to which the certificate of compliance is to apply.

(3)An application must be referred to an authorised fire officer for consideration and determination.

(4)The authorised fire officer must then inspect the building.

(5)An applicant is to provide to the commissioner or the authorised fire officer such information in relation to the application as either may require.

(6)If the authorised fire officer who inspects the building, having regard to the building use specified in the application, is satisfied—

(a)that sections 104C, 104D and 104E are being complied with; and

(b)that the regulations made pursuant to this part that apply in relation to building use are being complied with; and

(c)that adequate fire safety measures and fire prevention measures generally have been taken or are being maintained;

the authorised fire officer must issue a certificate of compliance in relation to the building authorising the building use specified in the application.

(7)If the authorised fire officer who inspects the building is not satisfied of any matter prescribed by subsection (6)(a) to (c), the authorised fire officer must give notice to the applicant—

(a)specifying the steps required to be taken before the application will be granted; and

(b)allowing a reasonable period within which those steps may be taken before the application is refused.

(7A)The authorised fire officer may at any time extend the period so allowed.

(8)If—

(a)the applicant declines to take the steps referred to in subsection (7)(a); or

(b)upon inspection of the building at the expiration of the period allowed to the applicant to take the steps referred to in subsection (7)(a), the authorised fire officer is not satisfied that those steps have been taken;

the authorised fire officer must refuse the application by notice given to the applicant.

(8A)The notice under subsection (8) must state the following—

(a)the grounds of the refusal;

(b)any steps required to be taken by the applicant before any further application will be granted;

(c)that the applicant may apply to QCAT for a review of the refusal;

(d)how, and the period within which, the applicant may apply to QCAT for the review.

(9)A notice under subsection (7) or (8) to the extent that it specifies that an alteration is to be made to the structure of a building before an application will be granted is not valid unless the authorised fire officer who issues the notice first consults the local government in whose area the building is situated.

(10)If an authorised fire officer—

(a)fails to issue a certificate of compliance or any notice under this section before a date 30 days after the receipt by the commissioner of an application; or

(b)in a case where a notice under subsection (7) has been given to the applicant—fails to issue a certificate of compliance or a notice of refusal before a date 30 days after the expiration of the time allowed by the notice to take steps specified in the notice;

the provisions of part 9B apply as if the authorised fire officer had given to the applicant on that date a notice of refusal.

s 104I ins 1991 No. 51 s 3.13

amd 1991 No. 97 s 3 sch 1; 1995 No. 55 s 21; 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2009 No. 24 s 105; 2023 No. 11 s 34 sch 1 pt 1

104JForm of certificate of compliance

A certificate of compliance—

(a)subject to this Act, may be issued in any convenient form and if convenient be in respect of more than 1 building or building use;

(b)must state specifically or by reference the fire safety installations the maintenance of which were required for the issue of the certificate.

s 104J ins 1991 No. 51 s 3.14

104KCertificate of compliance—limitations on requirements

An authorised fire officer who inspects a building for the purposes of section 104I must not impose—

(a)more onerous requirements for the maintenance of fire safety installations than the occupier was required to maintain pursuant to section 104D immediately before the inspection; or

(b)in relation to any particular matter provided for by the regulations—more onerous requirements than those imposed in relation to the matter by the regulations;

as a prerequisite to the officer being satisfied that adequate fire safety measures and fire prevention measures generally have been taken or are being maintained by the occupier.

s 104K ins 1991 No. 51 s 3.14

ch 3 pt 9A div 3A hdg ins 2006 No. 49 s 27

ch 3 pt 9A div 3A sdiv 1 hdg ins 2006 No. 49 s 27

104KA Definitions for div 3A

In this division—

clear floor surface area means an area of floor on or above which there is nothing that would unduly restrict a person in going across the area.

fire safety system, for a building, means the building’s features, and procedures established for the building, providing for all or any of the following—

(a)warning the building’s occupants about a fire emergency;

(b)safe evacuation of the building’s occupants;

(c)extinguishing or restricting the spread of fire in the building.

licensed building means a building, or the part of a building, that comprises particular licensed premises under the Liquor Act 1992.

occupancy notice see section 104KF.

occupancy number, for a building, means the occupancy number stated in an occupancy notice in force for the building.

risk of overcrowding, for a building, means a risk that not all occupants of the building would be able to safely evacuate if a fire or hazardous materials emergency happened.

s 104KA ins 2006 No. 49 s 27

104KB Object of div 3A

(1)The object of this division is to help ensure the occupants of licensed buildings can safely evacuate if a fire or hazardous materials emergency happens.

(2)The object is to be achieved by—

(a)identifying licensed buildings with an unacceptable risk of overcrowding; and

(b)for each of the identified buildings, establishing and implementing a safe limit on the number of persons who may be present in the building at any one time.

s 104KB ins 2006 No. 49 s 27

104KC Application of div 3A to a part of a licensed building

Except where it states otherwise, this division applies to a part of a licensed building in the same way it applies to a whole licensed building.

Example—

Under section 104KD(1), the commissioner may decide a particular room in a licensed building is an at risk licensed building. In deciding the level of the risk of overcrowding for the room, the commissioner must have regard to the matters stated in section 104KD(2) as if a reference in that subsection to the building were a reference to the room.

s 104KC ins 2006 No. 49 s 27

ch 3 pt 9A div 3A sdiv 2 hdg ins 2006 No. 49 s 27

104KD Deciding if a building is an at risk licensed building

(1)The commissioner may decide a licensed building is an at risk licensed building if the commissioner is satisfied there is an unacceptable risk of overcrowding for the building.

(2)In deciding the level of the risk of overcrowding, the commissioner must have regard to the following matters—

(a)the building’s characteristics, including—

(i)the number and location of exits in the building; and

(ii)the clear floor surface areas in the building; and

(iii)the flammability of the fixtures and fittings in the building; and

(iv)the prescribed fire safety installations in the building; and

(v)whether occupants of the building can exit directly into open space or another place of safety;

(b)how the building is used, including its classification under the Building Code of Australia;

(c)the number of persons that use, or are likely to use, the building at any given time;

(d)the mobility and other characteristics of the persons who use, or are likely to use, the building;

(e)any fire safety system for the building.

s 104KD ins 2006 No. 49 s 27

104KE Deciding an occupancy number

(1)This section applies to a licensed building that the commissioner has decided is an at risk licensed building.

(2)In deciding an occupancy number for the building, the commissioner must have regard to the building’s characteristics and other matters stated in section 104KD(2).

(3)The occupancy number must not be more than—

(a)the maximum number that may be accommodated under—

(i)for a budget accommodation building to which the Building Act 1975, chapter 7, part 3 applies—the Queensland Development Code, part 14, items P3 and A3; or

(ii)otherwise—the Building Code of Australia, part D1.13; or

(b)the maximum number that allows compliance with the Building Code of Australia, part D1.6.

s 104KE ins 2006 No. 49 s 27

104KF Commissioner may give occupancy notice to occupier

If the commissioner decides under section 104KD that a licensed building is an at risk licensed building, the commissioner may give the occupier of the building a notice (an occupancy notice) stating the following—

(a)that the commissioner has decided the building is an at risk licensed building;

(b)the occupancy number for the building decided under section 104KE;

(c)the day, not less than 30 days after the occupancy notice is given, on which it takes effect;

(d)the occupier’s obligations under subdivision 3;

(e)the reasons for the decisions mentioned in paragraphs (a) and (b);

(f)that the occupier may apply to QCAT for a review of the occupancy notice;

(g)how, and the period within which, the occupier may apply to QCAT for the review;

(h)any right the occupier has to have the operation of the occupancy notice stayed under the QCAT Act.

s 104KF ins 2006 No. 49 s 27

amd 2009 No. 24 s 106

104KG Occupancy number applying during particular uses or circumstances

If the commissioner considers the risk of overcrowding for a building varies because of the different ways the building is used from time to time, the commissioner may give the occupier an occupancy notice stating—

(a)an occupancy number for the building that applies only when the building is used in a stated way or in stated circumstances; or

(b)2 or more occupancy numbers for the building, each of which applies only when the building is used in a stated way or in stated circumstances.

Example for paragraph (b)—

A building used occasionally for concerts may be given an occupancy number that applies only for that use and another occupancy number that applies for its usual uses.

s 104KG ins 2006 No. 49 s 27

104KH Application and currency of occupancy notice

An occupancy notice applies to the person stated in it, in relation to the licensed building stated in it, until the occupancy notice is revoked or the person stops being the occupier of the building.

s 104KH ins 2006 No. 49 s 27

104KI Re-assessment of risk of overcrowding

(1)This section applies to a licensed building for which an occupancy notice (the current occupancy notice) is in force.

(2)At any time, on request by the occupier or on the commissioner’s own initiative, the commissioner may carry out a re-assessment for the building.

(3)The commissioner must carry out a re-assessment for the building if—

(a)since the current occupancy notice was given, any of the matters stated in section 104KD(2) has changed in a way that is relevant to the risk of overcrowding for the building; and

(b)the occupier gives the commissioner a written notice of the change and asks the commissioner to carry out the re-assessment.

(4)If, on a request mentioned in subsection (3)(b), the commissioner carries out a re-assessment and decides not to revoke the current occupancy notice, the commissioner must give the occupier a notice (a decision notice) stating the following—

(a)the decision not to revoke the current occupancy notice;

(b)the reason for the decision;

(c)that the occupier may apply to QCAT for a review of the occupancy notice;

(d)how, and the period within which, the occupier may apply to QCAT for the review.

(5)In this section—

carry out a re-assessment, for the building, means—

(a)re-assess the level of the risk of overcrowding for the building under this division; and

(b)decide whether to revoke the current occupancy notice and, if revoking the notice, whether to give another occupancy notice for the building.

s 104KI ins 2006 No. 49 s 27

amd 2009 No. 24 s 107

ch 3 pt 9A div 3A sdiv 3 hdg ins 2006 No. 49 s 27

104KJ Application of sdiv 3

(1)This subdivision applies if an occupancy notice is in force for a licensed building.

(2)A reference in this subdivision to the occupier is a reference to each occupier of the building to whom the occupancy notice states it applies.

s 104KJ ins 2006 No. 49 s 27

104KK Ensuring the occupancy number is not exceeded

The occupier must ensure the number of persons in the building at any one time is not more than the occupancy number for the building.

Maximum penalty—50 penalty units.

s 104KK ins 2006 No. 49 s 27

104KL Ensuring staff are aware of the occupancy number

(1)The occupier must ensure each relevant staff member is aware of the occupancy number for the building.

Maximum penalty—50 penalty units.

(2)In this section—

relevant staff member means an employee of the occupier who is present in the building when members of the public may enter the building.

s 104KL ins 2006 No. 49 s 27

104KM Implementing a counting system

(1)This section does not apply if—

(a)the building is only a part of a licensed building; or

(b)the occupancy number for the building is less than 200.

(2)The occupier must ensure the required counting system is implemented at all times the building is open to the public.

Maximum penalty—50 penalty units.

(3)The required counting system is—

(a)if the occupancy number is at least 200 but less than 1,000—a manual counting system or an automatic counting system; or

(b)if the occupancy number is at least 1,000—an automatic counting system.

(4)In this section—

automatic counting system means a counting system capable of operating without human intervention.

Example—

a machine that counts the number of persons passing through an entrance after detecting them by way of a light beam across the doorway or a sensor under the floor

counting system means a system for counting the number of persons entering or leaving a building.

manual counting system means a counting system other than an automatic counting system.

Examples of manual counting systems—

•a staff member issuing a numbered ticket to each person entering the building and a pass out to each person leaving the building

•a staff member clicking a counting device once for each person entering or leaving the building

s 104KM ins 2006 No. 49 s 27

104KN Displaying signs stating the occupancy number

(1)This section does not apply if—

(a)the building is only a part of a licensed building; or

(b)the occupancy number for the building is less than 200.

(2)The occupier must display conspicuously above each public entrance to the building a sign stating the occupancy number for the building.

Maximum penalty—50 penalty units.

s 104KN ins 2006 No. 49 s 27

104KO Including the occupancy number in the fire and evacuation plan

The occupancy number must be stated in the occupier’s fire and evacuation plan.

Maximum penalty—50 penalty units.

s 104KO ins 2006 No. 49 s 27

104KP Notifying the commissioner of relevant changes

(1)If any of the matters stated in section 104KD(2) changes in a way that may increase the risk of overcrowding for the building, the occupier must immediately give written notice to the commissioner.

Maximum penalty—50 penalty units.

(2)If a person stops being the occupier of the building, the person must immediately give written notice to the commissioner.

Maximum penalty—50 penalty units.

s 104KP ins 2006 No. 49 s 27

104KQ Action if an officer knows or suspects the occupancy number is being exceeded

(1)This section applies if, at any time, an authorised fire officer knows or reasonably suspects the number of persons in the building is more than the occupancy number for the building.

(2)The officer may require the occupier to do, or stop doing, a stated thing for the purpose of reducing the number of persons in the building or reducing the risk to the safety of persons in the building.

(3)The officer may, for example, ask the occupier to—

(a)stop anyone else entering the building; or

(b)stop serving alcohol in the building; or

(c)turn on the lights in the building; or

(d)stop music being played or other entertainment happening in the building; or

(e)ask persons in the building to leave.

(4)The requirement may be made orally or in writing.

(5)If the requirement is made orally, the officer must confirm the requirement in writing as soon as practicable.

(6)The occupier must comply with the requirement unless the occupier has a reasonable excuse.

Maximum penalty—50 penalty units.

(7)This section does not limit another power of the officer under this Act.

(8)In this section—

occupier includes a person in charge, or apparently in charge, of the building.

s 104KQ ins 2006 No. 49 s 27

ch 3 pt 9A div 3A sdiv 4 hdg ins 2006 No. 49 s 27

104KR Commissioner may give copies of notices to chief executive (liquor licensing)

The commissioner may give copies of occupancy notices to the chief executive (liquor licensing).

s 104KR ins 2006 No. 49 s 27

104KS Commissioner may publish occupancy numbers

For the performance of QFES’s functions, the commissioner may publish the occupancy numbers for buildings to the public.

s 104KS ins 2006 No. 49 s 27

amd 2014 No. 17 s 97

ch 3 pt 9A div 5 hdg ins 1991 No. 51 s 3.17

104RInjunctions

(1)Where the commissioner is satisfied in relation to any building that the risk to persons in the event of fire, or in the event of a hazardous materials emergency, or the risk of spread of fire is so serious that the use of the building should be prohibited or restricted until steps have been taken to reduce the risk to a reasonable level, the commissioner, by action in the Supreme Court, may claim against the occupier of the building an injunction prohibiting or restricting the use of the building.

(2)Jurisdiction is hereby conferred upon the Supreme Court and a judge thereof to hear and determine any such action and to grant an injunction to prohibit or restrict the use of the building.

(3)An injunction may be—

(a)for a limited period of time specified in the order or for an indefinite period of time;

(b)in respect of every use of a building or for a use or uses specified in the order.

(4)Unless the contrary intention appears in the terms of the injunction, an injunction against any occupier of a building is taken to be made against all the occupiers from time to time of the building.

s 104R ins 1991 No. 51 s 3.17

amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2006 No. 49 s 36

ch 3 pt 9A div 5A hdg ins 2006 No. 49 s 37

104RA Definitions for div 5A

(1)In this division—

chief executive (land) ...

s 104RA def chief executive (land) om 2016 No. 45 s 4(1)

class 1a building means a building classified as a class 1a building under the Building Code of Australia.

s 104RA def class 1a building sub 2016 No. 45 s 4(1)–(2)

class 2 building ...

s 104RA def class 2 building om 2016 No. 45 s 4(1)

date of possession, for residential land, means the date the transferee of the land enters into possession of the land.

domestic dwelling means—

(a)a class 1a building; or

(b)a sole-occupancy unit in a class 2 building.

form of assignment ...

s 104RA def form of assignment om 2016 No. 45 s 4(1)

home owner ...

s 104RA def home owner om 2016 No. 45 s 4(1)

information statement, in relation to a tenant, means the statement given to the tenant under the Residential Tenancies and Rooming Accommodation Act 2008, section 67.

s 104RA def information statement amd 2008 No. 73 s 554 sch 1

lessor means a lessor within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008, but does not include a tenant who has given, or is to give, the right to occupy residential premises to a subtenant.

s 104RA def lessor amd 2008 No. 73 s 554 sch 1

manufactured home ...

s 104RA def manufactured home om 2016 No. 45 s 4(1)

manufacturer’s instructions, for a smoke alarm, means the instructions from the manufacturer, packaged with the alarm, dealing with the operation, testing and maintenance of the alarm.

property transfer information form ...

s 104RA def property transfer information form om 2016 No. 45 s 4(1)

operates when tested, for a smoke alarm, see section 104RAA.

s 104RA def operates when tested ins 2016 No. 45 s 4(2)

registrar ...

s 104RA def registrar om 2016 No. 45 s 4(1)

residential land means land on which a domestic dwelling is constructed.

residential park ...

s 104RA def residential park om 2016 No. 45 s 4(1)

site ...

s 104RA def site om 2016 No. 45 s 4(1)

site agreement ...

s 104RA def site agreement om 2016 No. 45 s 4(1)

smoke alarm information see section 104RL.

sole-occupancy unit ...

s 104RA def sole-occupancy unit om 2016 No. 45 s 4(1)

sole-occupancy unit in a class 2 building means a sole-occupancy unit, as defined under the Building Code of Australia, in a building classified as a class 2 building under that Code.

s 104RA def sole-occupancy unit in a class 2 building ins 2016 No. 45 s 4(2)

smoke alarm requirement provision means each of the following—

(a)section 104RB;

(b)section 104RBA.

s 104RA def smoke alarm requirement provision ins 2016 No. 45 s 4(2)

tenancy means the right to occupy residential premises given under a residential tenancy agreement to which the Residential Tenancies and Rooming Accommodation Act 2008 applies.

s 104RA def tenancy ins 2016 No. 45 s 4(2)

tenant means a person to whom the right to occupy residential premises is given under a residential tenancy agreement to which the Residential Tenancies and Rooming Accommodation Act 2008 applies, and includes the subtenant of a tenant.

s 104RA def tenant amd 2008 No. 73 s 554 sch 1

transfer date, for residential land, means the date the transferee of the land is entitled to possession of the land.

transferee, of residential land, means the person who, on becoming entitled to possession of the land, may lodge an application for registration—

(a)under the Land Act 1994, as a lessee, or personal representative of a deceased lessee, of the land; or

(b)under the Land Title Act 1994, as an owner, or personal representative of a deceased owner, of the land.

transferor, of residential land, means—

(a)if, immediately before the transfer date for the residential land, a mortgagee in possession under the Property Law Act 1974 is in possession of the land—the mortgagee in possession; or

(b)otherwise—the person registered, immediately before the transfer date for the land—

(i)under the Land Act 1994, as a lessee, or personal representative of a deceased lessee, of the land; or

(ii)under the Land Title Act 1994, as an owner, or the personal representative of a deceased owner, of the land.

(2)Subsection (1), definition smoke alarm requirement provision, paragraph (a) and this subsection expire on 31 December 2026.

s 104RA ins 2006 No. 49 s 37

amd 2016 No. 45 s 4(3)

(1) def smoke alarm requirement provision paragraph (a) and (2) exp 31 December 2026 (see s 104RA(2))

104RAA When smoke alarm operates when tested

(1)A smoke alarm operates when tested if it operates when tested in a way required under subsection (3).

(2)Also, a smoke alarm powered by a battery that is capable of being replaced operates when tested if—

(a)the battery in the smoke alarm is replaced; and

(b)after the battery is replaced, the smoke alarm operates when tested in the way required under subsection (3).

(3)A smoke alarm installed in a domestic dwelling must be tested as follows—

(a)for an alarm that can be tested by pressing a button or other device to indicate whether the alarm is capable of detecting smoke—by pressing the button or other device;

(b)otherwise—

(i)by being tested by the owner of the dwelling in the way stated in the manufacturer’s instructions; or

(ii)by being tested by a tenant of the dwelling in the way stated in the information statement.

s 104RAA ins 2016 No. 45 s 5

104RB Owner must install smoke alarm—requirements being phased out by 31 December 2026

Note—

The requirements in this section will not apply after 31 December 2026. However, before this section expires, these requirements are replaced by the requirements in section 104RBA in particular circumstances.

(1)The owner of a domestic dwelling must install smoke alarms in the dwelling in compliance with this section.

Maximum penalty—5 penalty units.

(1A)However, this section does not apply to a domestic dwelling if section 104RBA applies to the dwelling.

(2)Each smoke alarm must comply with AS 3786–2014 (Australian standard for smoke alarms using scattered light, transmitted light or ionization) and must be installed in accordance with—

(a)for a sole-occupancy unit in a class 2 building—specification E 2.2a, clause 3(c)(i) of the Building Code of Australia as in effect on 1 January 2017; or

(b)for a class 1a building—specification 3.7.2.3 of the Building Code of Australia as in effect on 1 January 2017.

(3)This section expires on 31 December 2026.

s 104RB ins 2006 No. 49 s 37

amd 2016 No. 45 s 6; 2023 No. 7 s 15

exp 31 December 2026 (see s 104RB(3))

104RBA Owner must install smoke alarm

(1)This section applies to a domestic dwelling if—

(a)an application for a building development approval is made after 31 December 2016; and

(b)the building work to which the application relates is a substantial renovation; and

(c)a final inspection certificate or certificate of occupancy is issued for the building work.

(2)This section also applies to a domestic dwelling if, after 31 December 2021—

(a)the owner of the residential land on which the dwelling is constructed enters into an agreement to transfer the land to another person; or

(b)a new tenancy for the dwelling starts or an existing tenancy for the dwelling is renewed.

(3)The owner of a domestic dwelling must install smoke alarms in the dwelling in compliance with this section.

Maximum penalty—5 penalty units.

(4)A smoke alarm must be installed in each place in the domestic dwelling required by a regulation.

(5)Each smoke alarm must—

(a)be powered in a way prescribed by regulation; and

(b)comply with other requirements prescribed by regulation; and

(c)have been manufactured less than 10 years before the smoke alarm is installed; and

(d)operate when tested; and

(e)be interconnected to every other smoke alarm installed in the domestic dwelling.

(6)A smoke alarm (the first smoke alarm) is interconnected to another smoke alarm if—

(a)the first smoke alarm sounds an alert if the other smoke alarm is activated because its sensor detects smoke; and

(b)the other smoke alarm sounds an alert if the first smoke alarm is activated because its sensor detects smoke.

(7)Subsections (1) and (2) and this subsection expire on 31 December 2026.

(8)Building work is a substantial renovation if—

(a)the building work is carried out under a building development approval for alterations to an existing building or structure; and

(b)the alterations, and any previous structural alterations approved or completed in the previous 3 years, represent more than half of the volume of the existing building or structure, measured over its roof and external walls.

(9)In this section—

building development approval see the Building Act 1975, schedule 2.

building work see the Building Act 1975, section 5.

certificate of occupancy see the Building Act 1975, schedule 2.

final inspection certificate see the Building Act 1975, section 10(d)(ii).

s 104RBA ins 2016 No. 45 s 7

amd 2020 No. 24 s 153 sch 1 pt 2

(1)–(2) and (7) exp 31 December 2026 (see s 104RBA(7))

104RBB Alternative compliance with smoke alarm requirement provision

(1)An owner of a sole-occupancy unit in a class 2 building is taken to comply with a smoke alarm requirement provision if a smoke detection system that complies with the Building Code of Australia, specification E2.2a, clause 4 is installed in the unit.

(2)If it is impracticable for an owner of a domestic dwelling to put a smoke alarm at the location required under a smoke alarm requirement provision, the owner may put the alarm at another location that will provide a warning to occupants of the dwelling.

Example—

A smoke alarm that is regularly activated by steam from a bathroom or smoke or fumes from a kitchen may be moved to another appropriate location.

(3)This section applies despite a smoke alarm requirement provision.

s 104RBB ins 2016 No. 45 s 7

104RC Owner must replace smoke alarm

(1)The owner of a domestic dwelling must replace a smoke alarm in the dwelling under this section within 10 years after the day the smoke alarm was manufactured.

Maximum penalty—5 penalty units.

(2)Also, if a smoke alarm in a domestic dwelling does not operate when tested, the owner of the dwelling must immediately replace the smoke alarm under this section.

Maximum penalty—5 penalty units.

(3)If the smoke alarm being replaced was hardwired to the domestic dwelling’s electricity supply, the replacement smoke alarm must be hardwired to the dwelling’s electricity supply.

(4)Also, the replacement smoke alarm must—

(a)if section 104RB applies to the domestic dwelling—comply with section 104RBA(5)(b) to (d); or

(b)if section 104RBA applies to the domestic dwelling—comply with section 104RBA(5).

(5)Subsection (4)(a) and this subsection expire on 31 December 2026.

s 104RC ins 2006 No. 49 s 37

sub 2016 No. 45 s 8

(4)(a) and (5) exp 31 December 2026 (see s 104RC(5))

104RD Testing smoke alarms

(1)Within 30 days before the start of a tenancy in a domestic dwelling, the lessor must test each smoke alarm in the dwelling in compliance with section 104RAA(3).

Maximum penalty—5 penalty units.

(2)During a tenancy in a domestic dwelling, the tenant must test each smoke alarm in the dwelling, in compliance with section 104RAA(3), at least once every 12 months.

Maximum penalty—5 penalty units.

s 104RD ins 2006 No. 49 s 37

amd 2016 No. 45 s 9

104RE Replacing the batteries

(1)This section applies to batteries in smoke alarms installed in a domestic dwelling.

(2)Within 30 days before the start of a tenancy in the dwelling, the lessor must replace, in accordance with the manufacturer’s instructions, each battery that is spent or that the lessor is aware is almost spent.

Maximum penalty—5 penalty units.

(3)During a tenancy in the dwelling, the tenant must replace, in accordance with the information statement, each battery that is spent or that the tenant is aware is almost spent.

Maximum penalty—5 penalty units.

Note—

A smoke alarm may emit a warning signal (for example, a chirping sound) when its battery is almost spent.

s 104RE ins 2006 No. 49 s 37

104RF Tenant must advise lessor if smoke alarm needs replacing

(1)This section applies during a tenancy in a domestic dwelling.

(2)If the tenant is aware a smoke alarm in the dwelling has failed or is about to fail, other than because the battery is spent or almost spent, the tenant must advise the lessor as soon as practicable.

Maximum penalty—5 penalty units.

s 104RF ins 2006 No. 49 s 37

104RG Cleaning smoke alarms

(1)Within 30 days before the start of a tenancy in a domestic dwelling, the lessor must clean each smoke alarm in the dwelling in the way stated in the manufacturer’s instructions.

Maximum penalty—5 penalty units.

(2)During a tenancy in a domestic dwelling, the tenant must clean each smoke alarm in the dwelling, in the way stated in the information statement, at least once every 12 months.

Maximum penalty—5 penalty units.

Example—

The manufacturer’s instructions or information statement may require cleaning with a vacuum cleaner to remove dust and other materials that may hinder smoke alarm performance.

s 104RG ins 2006 No. 49 s 37

104RH Person must not interfere with smoke alarm

(1)A person must not—

(a)remove a smoke alarm installed in a domestic dwelling; or

(b)remove the battery from a smoke alarm installed in a domestic dwelling; or

(c)do anything that would reduce the effectiveness of the warning provided by a smoke alarm installed in a domestic dwelling.

Maximum penalty—5 penalty units.

(2)However, nothing in this section stops a person from doing any of the following—

(a)removing a smoke alarm to comply with section 104RC;

(b)removing a smoke alarm to put it in a location that complies with this division;

(c)removing the battery from a smoke alarm to comply with section 104RE.

s 104RH ins 2006 No. 49 s 37

104RI Division applies for all alarms

(1)This division, other than a smoke alarm requirement provision, applies in relation to a smoke alarm installed in a domestic dwelling even though the smoke alarm is not required to be installed under a smoke alarm requirement provision.

(2)However, nothing in this division stops the owner of a domestic dwelling—

(a)installing a smoke alarm in the dwelling, in addition to the smoke alarms required to be installed in the dwelling under a smoke alarm requirement provision, whether or not the additional smoke alarm complies with a smoke alarm requirement provision; or

(b)removing a smoke alarm that is not required to be installed under a smoke alarm requirement provision.

s 104RI ins 2006 No. 49 s 37

amd 2016 No. 45 s 10

104RJ Agent may act for owner

(1)A requirement imposed on an owner to comply with this division in relation to a smoke alarm at a domestic dwelling may be complied with for the owner by the owner’s agent.

(2)However, if the owner is a lessor, subsection (1) does not permit the lessor’s tenant to be, and the lessor’s tenant must not be, the lessor’s agent for the purpose of complying with this division.

s 104RJ ins 2006 No. 49 s 37

104RK Notice to transferee of residential land about smoke alarms

(1)The transferor of residential land must, on or before the date of possession for the land, give the transferee of the land written notice of whether smoke alarms complying with this division are installed in the domestic dwelling on the land.

Maximum penalty—5 penalty units.

(2)However, subsection (1) does not apply if—

(a)the transferor became transferor of the residential land under an agreement to transfer the land; and

(b)the date of the agreement is before 1 July 2007.

(3)The transferor must not state anything in the notice that the transferor knows is false or misleading in a material particular.

Maximum penalty for subsection (3)—5 penalty units.

s 104RK ins 2006 No. 49 s 37

104RL Notice to commissioner about smoke alarms and other matters

(1)The transferor of residential land must, within 90 days after the date of possession for the land, give the commissioner a written notice stating the following information (smoke alarm information)—

(a)the full names of the transferor and transferee;

(b)the addresses of the transferor and transferee immediately after the date of possession for the land;

(c)the property details of the land;

(d)the current use of the land;

(e)if there was an agreement for the transfer of the land—the date of the agreement;

(f)the date of possession for the land;

(g)whether smoke alarms complying with a smoke alarm requirement provision were installed in the domestic dwelling on the land at the date of possession;

(h)whether the transferor has given the transferee written notice of whether smoke alarms complying with a smoke alarm requirement provision were installed in the domestic dwelling on the land at the date of possession.

Maximum penalty—5 penalty units.

(2)However, subsection (1) does not apply if—

(a)the transferor became transferor of the residential land under an agreement to transfer the land; and

(b)the date of the agreement is before 1 July 2007.

(3)Also, the transferor is not required to comply with subsection (1) if a properly completed property transfer information form, together with an application for registration, is given to the registrar of titles.

(4)If a property transfer information form is given under subsection (3), the commissioner may be given access to the form but may use only the smoke alarm information on the form.

(5)In this section—

property transfer information form means a form approved by the registrar of titles that gives smoke alarm information and information about a change of ownership required under other Acts.

s 104RL ins 2006 No. 49 s 37

amd 2014 No. 17 s 184 sch 1 pt 4; 2016 No. 45 s 11; 2021 No. 12 s 148 sch 3

104RM Notice to buyer of manufactured home about smoke alarms

(1)This section applies if the home owner for a site in a residential park (the seller) on which a manufactured home is positioned proposes—

(a)to sell the home to a person (the buyer); and

(b)to assign the seller’s interest in the site agreement for the site to the buyer.

(2)The seller must give the buyer a written notice in the form of assignment of whether smoke alarms complying with this division are installed in the manufactured home.

Maximum penalty—5 penalty units.

(3)However, the seller does not have to give written notice if the form of assignment is signed by the seller and the buyer before 1 July 2007.

(4)The seller must not state anything in the notice that the seller knows is false or misleading in a material particular.

Maximum penalty for subsection (4)—5 penalty units.

(5)In this section—

form of assignment see the Manufactured Homes (Residential Parks) Act 2003, section 47(1).

home owner see the Manufactured Homes (Residential Parks) Act 2003, section 8.

manufactured home see the Manufactured Homes (Residential Parks) Act 2003, section 10.

residential park see the Manufactured Homes (Residential Parks) Act 2003, section 12.

site see the Manufactured Homes (Residential Parks) Act 2003, section 13.

site agreement see the Manufactured Homes (Residential Parks) Act 2003, section 14.

s 104RM ins 2006 No. 49 s 37

amd 2016 No. 45 s 12

ch 3 pt 9A div 6 hdg ins 1991 No. 51 s 3.18

104SRegulations relating to this part

The power of the Governor in Council to make regulations under section 154E includes the power to make regulations for or with respect to—

(a)the maintenance free from obstruction of adequate means of escape in the event of fire threatening any part of a building;

(b)the maintenance of fire safety installations in buildings including authorisation of the removal, replacement or substitution of any fire safety installation;

(ba)regulating the installation and maintenance of smoke alarms;

(c)regulating the presence or use within buildings of furniture, furnishings, fittings, equipment, paints or finishes of any description in order to reduce the risk of fire;

(d)requiring the maintenance of fire and evacuation plans in a specified form—

(i)setting forth the action to be taken in the event of fire threatening a building;

(ii)imposing obligations to provide instructions in preparation for the event of fire or to take specified action in the event of fire threatening a building;

(e)requiring a fire and evacuation plan or class of such a plan to be approved by the commissioner;

(f)requiring instruction or training of persons visiting, working in or inhabiting a building in relation to fire prevention and fire safety generally;

(g)imposing obligations to take specified action in the event of fire threatening a building;

(h)regulating the numbers of persons using a building at any one time;

(i)requiring the stationing of persons at places within a building under specified circumstances;

(j)the prevention, control or extinguishing of fires in buildings generally;

(k)matters necessary to protect persons, property and the environment from fire and hazardous materials emergencies;

(l)applying the provisions of this part, with adaptations or modifications, to any premises or class of premises other than buildings;

(m)imposing obligations for the purpose of the regulations not only upon occupiers of buildings but also other persons where necessary or convenient.

s 104S ins 1991 No. 51 s 3.18

amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2006 No. 49 s 38; 2023 No. 7 s 68 sch 1 pt 1

ch 3 pt 9B hdg ins 2006 No. 49 s 39

amd 2009 No. 24 s 108

104SB Persons aggrieved by notice may apply for review

A person who is aggrieved because the person has been given a notice under section 69(2)(a) or part 9A or by the terms of such a notice may apply, as provided under the QCAT Act, to QCAT for a review of the notice.

s 104SB (prev s 104L) ins 1991 No. 51 s 3.15

amd 1991 No. 97 s 3 sch 1; 1995 No. 55 s 22; 2006 No. 49 s 29

renum and reloc 2006 No. 49 s 40

amd 2009 No. 24 s 110

104SF Relief from penalty pending determination of review by QCAT

(1)This section applies if a person applies, as provided under the QCAT Act, to QCAT for a review of a notice given under section 104G or 104I(8) or an occupancy notice.

(2)The person is not liable to a penalty under this Act—

(a)in the case of a notice given under section 104G or an occupancy notice—for any failure on the person’s part to comply with the notice on and before the date on which the person is given notice of the determination of the review by QCAT; and

(b)in the case of a notice given under section 104I(8)—for any use of a building, being a building use to which the notice relates, on and from the date the person is given the notice to and including the date the person is given notice of the determination of the review by QCAT.

s 104SF (prev s 104P) ins 1991 No. 51 s 3.16

amd 2006 No. 49 s 33

renum and reloc 2006 No. 49 s 40

sub 2009 No. 24 s 114

104SG Assessors to help QCAT

(1)In conducting a proceeding that is a review of a notice given under section 69(2)(a) or part 9A or the terms of a notice, QCAT must be helped by the following chosen by the principal registrar from the list mentioned in section 104SI(3)—

(a)at least 1 assessor nominated under section 104SI(2)(b)(i);

(b)at least 1 assessor nominated under section 104SI(2)(b)(ii);

(c)if the notice is an occupancy notice or a decision notice under section 104KI—at least 1 assessor nominated under section 104SI(2)(b)(iii).

(2)A person chosen under subsection (1)(b) must have been nominated by the local government of the area in which the premises to which the notice relates are situated.

(3)For subsection (2)—

(a)if the local government is not the person seeking the review, the person nominated must be a person appointed to be a building certifier by the local government; and

(b)if the local government is the person seeking the review, the person nominated must be a person appointed to be a building certifier by another local government.

(4)Subsection (2) does not apply to a review of a notice or the terms of a notice, given under section 69(2)(a), that relates to premises other than a building.

(5)Despite subsection (1), a proceeding may be conducted without the help of assessors if the presiding member is satisfied it is necessary because of the urgency of the matter.

(6)In this section—

presiding member see the QCAT Act, schedule 3.

principal registrar see the QCAT Act, schedule 3.

proceeding see the QCAT Act, schedule 3.

s 104SG prev s 104SG (prev s 104PA) ins 2006 No. 49 s 34

renum and reloc 2006 No. 49 s 40

om 2009 No. 24 s 115

pres s 104SG ins 1009 No. 51 s 53

104SH Function and powers of assessors

(1)The function of an assessor is to help QCAT decide questions of fact in a proceeding.

(2)To enable an assessor to perform the assessor’s function, the assessor may, during a proceeding—

(a)ask questions of a witness in the proceeding; and

(b)discuss a question of fact with a person appearing for a party in the proceeding.

s 104SH prev s 104SH (prev s 104Q) ins 1991 No. 51 s 3.16

amd 1995 No. 57 s 4 sch 1; 2006 No. 49 s 35

renum and reloc 2006 No. 49 s 40

om 2009 No. 24 s 116

pres s 104SH ins 2009 No. 51 s 53

104SI Appointment of assessors

(1)The commissioner must, for each year, appoint persons as assessors for helping QCAT in proceedings mentioned in section 104SG(1).

(2)A person is qualified to be appointed as an assessor only if—

(a)the commissioner is satisfied the person has the knowledge, expertise and experience relevant for helping QCAT in the proceedings; and

(b)the person is nominated by—

(i)the chief executive of the department in which the Building Act 1975 is administered; or

(ii)a local government in the State; or

(iii)the chief executive (liquor licensing).

(3)The commissioner must, at the beginning of each year, give the principal registrar a list of the persons appointed as assessors for the year.

(4)The list must state, for each person appointed—

(a)the area in which the person has relevant knowledge, expertise and experience; and

(b)whether the person was nominated under subsection (2)(b)(i), (ii) or (iii).

s 104SI ins 2009 No. 51 s 53

104SJ Disqualification from appointment as assessor

A person may not be appointed or continue as an assessor if the person is not qualified, or ceases to be qualified, under section 104SI(2).

s 104SJ ins 2009 No. 51 s 53

104SK QCAT may have regard to assessor’s view

In deciding a question of fact in a proceeding, the member or members constituting QCAT may, to the extent the member or members consider appropriate, have regard to the views of an assessor helping QCAT.

s 104SK ins 2009 No. 51 s 53

ch 3 pt 10 div 1 hdg ins 1994 No. 71 s 4

105Definitions

(1)In this part—

owner, used with reference to real property, means the person (other than the Crown) who is entitled to receive the rent of property or who, if the property were let, would be entitled to receive the rent, and includes—

(a)any lessee or licensee from the Crown; and

(b)a purchaser (including a purchaser from the Crown) under any agreement giving possession of the property; and

(c)a statutory corporation (whether or not representing the Crown).

component local government ...

s 105 def component local government sub 1993 No. 70 s 804 sch

om 2013 No. 28 s 32 (1)

prescribed property means real property, whether or not occupied by any person, that is within a levy district and that is—

(a)a parcel of land separately held by an owner except either a parcel to which paragraph (b) applies or a parcel on which is situated a building containing lots (within the meaning of the Building Units and Group Titles Act 1980); or

(b)a portion of a parcel of land separately held by an owner, where the local government for the local government area in which the portion is situated determines that the portion should be classed as a separate parcel for the purposes of this part; or

(c)a lot within the meaning of the Building Units and Group Titles Act 1980;

the term does not include property belonging to any class of property prescribed by regulation not to be prescribed property.

s 105 def prescribed property amd 1995 No. 55 s 23; 2013 No. 28 s 32 (2); 2023 No. 12 s 112

(2)To avoid doubt, it is declared that, for the definition prescribed property, paragraph (a)—

parcel of land includes a lot under the Land Title Act 1994 that is also a lot included in a community titles scheme under the Body Corporate and Community Management Act 1997.

s 105 amd 1994 No. 71 s 5; 1997 No. 28 s 295 sch 3

ch 3 pt 10 div 2 hdg ins 1994 No. 71 s 6

sub 2013 No. 28 s 33

106Constitution of levy districts

(1)A regulation may—

(a)constitute any part of the State a levy district for this Act;

(b)assign a name to or alter the name of a levy district;

(c)abolish a levy district;

(d)alter the boundaries of a levy district;

(e)amalgamate 2 or more levy districts;

(f)divide a levy district into 2 or more levy districts.

(2)In any proceeding the production of any map purporting to be certified by the commissioner as showing the boundary of any levy district or alteration of the boundary of any levy district is evidence of the matters shown or stated.

s 106 amd 1995 No. 55 s 24; 1996 No. 42 s 21 sch 2; 2001 No. 76 s 11 sch 2; 2013 No. 28 s 34; 2014 No. 17 s 184 sch 1 pt 4; 2023 No. 7 s 68 sch 1 pt 1

107Liability to contribute

(1)For each financial year the owners of prescribed properties must contribute in accordance with this part to the cost of—

(a)administering and giving effect to this Act; and

(b)managing the matters mentioned in section 20(5)(b).

(2)If a parcel of farming land shares a boundary with 1 or more other parcels of farming land (each a contiguous parcel), and each of the contiguous parcels are owned by the same owner, the contiguous parcels are, for this part, taken to be 1 prescribed property.

(3)Despite subsection (2), a portion of a contiguous parcel that is a separate parcel under section 105(1), definition prescribed property, paragraph (b) is a separate prescribed property for this part.

(4)For each financial year there must be paid from the consolidated fund to the department, for the fund—

(a)an amount representing one-seventh of the estimates for the financial year in question of the amount to be received from the owners of prescribed properties other than prescribed properties owned by a Commonwealth public trading enterprise; and

(b)such further amount as the Treasurer may authorise.

(5)If, for any financial year, the Treasurer believes that any anticipated reduction by the Commonwealth in financial assistance payments to the State (not including any grant related to the provision of fire services to properties owned by the Commonwealth) will be attributable to the amount payable under this part by Commonwealth public trading enterprises as owners of prescribed properties, the Treasurer may make a corresponding reduction in the amount payable under subsection (4)(a).

(6)In this section—

Commonwealth public trading enterprises means instrumentalities of the Commonwealth liable to pay the taxes and other charges of the State.

farming land means land used for farming within the meaning of the Land Valuation Act 2010, section 48.

s 107 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 ss 22, 11 sch 2; 2013 No. 28 s 35

108Annual contributions of owners of prescribed properties

(1)A regulation may prescribe the amounts of the contributions to be paid by owners of prescribed properties for a financial year.

(2)A regulation under subsection (1) shall prescribe the amounts of the contributions by categorising prescribed properties and prescribing differing amounts of contributions in accordance with those categories.

(3)Categorisation of prescribed properties is to be on the bases stated in the regulation.

Examples of the bases on which prescribed properties may be categorised—

1the purposes for which properties are used

2the nature and availability of services supplied by fire service entities servicing properties

3the nature and availability of facilities of fire service entities servicing properties

4the levy district or class of levy districts in which properties are located

5a combination of all or any of examples 1, 2, 3 and 4

(4)As soon as is practicable after a regulation is made under this section, the commissioner must give notice in writing to each local government of the amounts of contributions payable by owners of prescribed properties in respect of the financial year to which the regulation relates.

s 108 amd 1995 No. 55 s 25; 1996 No. 42 s 21 sch 2; 2001 No. 76 s 11 sch 2; 2013 No. 28 s 51 sch 2; 2014 No. 17 s 184 sch 1 pt 4

109Annual returns by local governments

(1)To enable the amounts of contributions payable by owners of prescribed properties to be assessed in respect of each financial year, each local government must furnish to the commissioner a return disclosing the particulars prescribed under a regulation relating to properties that—

(a)are within its area and within a levy district; and

(b)are or will be prescribed properties during the financial year to which the return relates.

(2)A return must be furnished—

(a)before the last day of April immediately preceding the financial year to which it relates; or

(b)before such other date as the commissioner appoints, by notification published in the gazette.

s 109 amd 1995 No. 55 s 26; 1996 No. 42 s 21 sch 2; 2001 No. 76 s 11 sch 2; 2013 No. 28 s 51 sch 2; 2014 No. 17 s 184 sch 1 pt 4

110Discount for pensioners

(1)In this section—

pensioner means a person in receipt of a pension under any law of the Commonwealth or of the State declared, or belonging to a class of pension declared, under a regulation for the purposes of this section.

(2)The Governor in Council may by regulation declare that each pensioner, who is the owner of a prescribed property that is the principal place of residence of that pensioner, be granted a discount on the contributions payable pursuant to this part in respect of that property at such rate as is specified in the regulation.

(3)If a pensioner entitled to a discount in respect of prescribed property is not the sole owner, the discount is an amount that bears to the amount of the discount to which the pensioner would have been entitled as the sole owner, the same proportion as the pensioner’s interest in the property bears to the total of the interests of all owners of the property.

(4)For the purposes of subsection (3)—

(a)owners who hold interests in a property as joint tenants are taken to hold interests in the property as tenants in common in equal shares; and

(b)a pensioner who holds an interest in a property is taken to also hold any interest in the property held by the spouse of the pensioner.

s 110 amd 1995 No. 55 s 27

111Duties of owner of prescribed property and local government

(1)An owner of prescribed property must, in accordance with this part, pay to the local government in whose area the property is situated the annual contributions in respect of the property and any other amounts the local government is authorised to impose pursuant to this part.

(2)Subject to this part a local government must collect those annual contributions and other amounts.

s 111 amd 2013 No. 28 s 51 sch 2

112Determinations and notifications of contributions

(1)In respect of each financial year, a local government as at the first day of the financial year—

(a)must determine the prescribed properties within its area; and

(b)must determine the annual contributions payable in respect of prescribed properties by reference to the categories prescribed under a regulation made under section 108.

(2)After a local government makes its determinations for any financial year, it must give the owner of each prescribed property within its area a levy notice stating—

(a)the annual contribution in respect of the property; and

(b)the amount of any arrears (including interest and other charges) of annual contribution in respect of the property.

s 112 amd 1991 No. 51 s 3.19; 1995 No. 55 s 28; 2013 No. 28 s 51 sch 2

113Appeal against local government’s determination

(1)An owner of property to whom a levy notice is given may appeal to the commissioner on any of the following grounds and on no other grounds—

(a)that the property is not prescribed property;

(b)that an amount shown in the notice is incorrect because of a typographical, mathematical or similar error, including a typographical or similar error incorrectly categorising the property;

(c)that, for determining the contributions payable under section 108—

(i)the local government has incorrectly categorised the property, other than because of an error mentioned in paragraph (b); or

(ii)the prescribed property should in the circumstances be taken to be within a category other than the category on which the local government based its determination.

(2)A person wishing to appeal must lodge a notice to that effect with the commissioner setting out the grounds of the appeal within 30 days after the levy notice is given.

(3)The commissioner may require an appellant or the local government concerned to provide information relevant to the determination of the appeal.

(4)The commissioner may allow or reject an appeal.

(5)However, the commissioner need not consider an appeal against a levy notice for the property if—

(a)an appeal against a previous levy notice for the same property has been lodged under this section on a ground mentioned in subsection (1)(a) or (c); and

(b)the appeal was rejected; and

(c)since the appeal against the previous levy notice was lodged, there has not been a material change of use under the Planning Act 2016 for the property.

(6)If the commissioner allows an appeal, the relevant local government must—

(a)amend the levy notice; or

(b)revoke the levy notice; or

(c)revoke the levy notice and give a new levy notice;

in accordance with the determination of the commissioner.

(7)If the commissioner allows an appeal, the relevant local government must refund to the appellant any amount paid in respect of contributions, for the financial year to which the notice relates and for any previous financial year, in excess of the amount calculated in accordance with the commissioner’s determination.

(8)If the local government has already made payments to the State in respect of those contributions, the amount refundable must be paid to the appellant by the department.

(9)The determination of the commissioner in respect of an appeal is final.

s 113 amd 1995 No. 55 s 29; 1996 No. 42 ss 21 sch 2, 3 sch 3; 1998 No. 37 s 9 sch; 2001 No. 76 s 11 sch 2; 2013 No. 28 s 36; 2014 No. 17 s 184 sch 1 pt 4; 2016 No. 27 s 232

114Manner of giving notification

(1)A levy notice may be given to the owner of prescribed property—

(a)as an item on a rate notice given to the owner in respect of that property; or

(b)as a separate notice given before 1 January of the financial year to which the notice relates.

(2)Where for any financial year a local government gives to the owner of prescribed property in respect of that property 2 or more rate notices, each relating to part of that financial year, a levy notice is taken to be given to the owner in accordance with subsection (1)(a) if each rate notice contains an item for the payment in respect of that property of—

(a)such amount as bears to the total of the annual contribution for the financial year the same proportion as the period (in months) for which the rate notice is given bears to 12; and

(b)the amount of any arrears of annual contribution.

(3)Where notification is given as a separate notice, that notice is taken to be a rate notice under the Local Government Act 2009 or, in the case of Brisbane City Council, the City of Brisbane Act 2010.

(4)A notification must not be given as an item on a rate notice unless—

(a)where only 1 rate notice is given for a financial year—that rate notice is given before 1 January of that financial year;

(b)where 2 or more rate notices are given for a financial year—the first of those notices is given before 1 January of that financial year.

s 114 amd 1993 No. 70 s 804 sch; 2009 No. 17 s 331 sch 1; 2010 No. 23 s 352 sch 1; 2013 No. 28 s 51 sch 2

115Annual contribution etc. deemed to be rates

(1)An amount shown in a levy notice, whether given by way of a separate notice or an item on a rate notice, is taken to be a general rate levied by the local government and the relevant provisions relating to general rates apply with all necessary modifications.

(2)In this section—

relevant provisions means the provisions of the Local Government Act 2009 or City of Brisbane Act 2010 prescribed under a regulation.

(3)Notwithstanding subsections (1) and (2), rates or charges made and levied under the Local Government Act 2009 or City of Brisbane Act 2010 are in priority to amounts that, pursuant to subsection (1), are taken to be general rates.

s 115 amd 1993 No. 70 s 804 sch; 2006 No. 49 s 41; 2010 No. 23 s 352 sch 1; 2013 No. 28 s 51 sch 2

116Contribution to be paid into fund of local government

An amount received or recovered by a local government under this part must be paid into its operating fund.

s 116 sub 1993 No. 70 s 804 sch

amd 2013 No. 28 s 37

117Retention of administration fee by local governments

(1)For each financial year, a local government is entitled to an amount (an administration fee) for performing functions under this part, including determining the annual contributions payable for prescribed properties, giving levy notices and collecting contributions for prescribed properties.

(2)The administration fee for a financial year may be kept from annual contributions for prescribed properties paid or payable for the financial year.

(3)Each local government may decide the way in which it keeps the administration fee.

(4)A regulation may prescribe the way in which the administration fee is to be calculated.

s 117 amd 1995 No. 55 s 30

sub 1997 No. 52 s 8

amd 2013 No. 28 s 51 sch 2

118Payments by local governments to department

(1)A local government must from time to time make payments to the department, for the fund, out of its operating fund from moneys received or recovered by the local government pursuant to this part.

(2)The amount of a payment shall be the total of the moneys received or recovered by the local government during the relevant financial year or declared period less the total of all amounts retained by the local government pursuant to section 117.

(3)An amount payable under this section must be paid within 14 days after the expiration of the financial year or declared period to which the amount relates or within such further time as the commissioner may allow.

(4)Every payment must be accompanied by a return in the approved form.

(5)In this section—

declared period means a period in a financial year declared under a regulation as a declared period.

s 118 amd 1995 No. 55 s 31; 1996 No. 42 ss 20 sch 1, 21 sch 2; 1997 No. 52 s 9; 1998 No. 37 s 9 sch; 2001 No. 76 s 11 sch 2; 2013 No. 28 s 38; 2014 No. 17 s 184 sch 1 pt 4