Fire Services Act 1990

An Act to establish Queensland Fire and Rescue and Rural Fire Service Queensland, 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; 2024 No. 22 s 19

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

1Short title

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

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

amd 2014 No. 17 s 61; 2024 No. 22 s 20

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 operation, management and administration of Queensland Fire and Rescue and Rural Fire Service Queensland.

s 2 ins 2014 No. 17 s 62

amd 2024 No. 18 s 9; 2024 No. 22 s 21

2AHow objects are to be achieved

The objects of the Act are to be achieved by establishing processes to ensure—

(a)ongoing operational and strategic collaboration and coordination between Queensland Fire and Rescue and Rural Fire Service Queensland; and

(b)recognition of the valuable role of volunteers in supporting the delivery of fire and emergency services in the State.

s 2A ins 2024 No. 22 s 22

3Definitions

The dictionary in schedule 2 defines particular words used in this Act.

s 3 amd 2002 No. 60 s 12 (1)

renum and reloc 2014 No. 17 s 63

amd 2024 No. 22 s 92 sch 1

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 2 hdg) sub 1996 No. 42 s 7; 2001 No. 76 s 15; 2014 No. 17 s 65; 2024 No. 22 s 23

pt 2 div 1 hdg ins 1996 No. 42 s 8

sub 2001 No. 76 s 15

om 2014 No. 17 s 65

pt 2 div 2 hdg ins 1996 No. 42 s 8

sub 1998 No. 37 s 11

om 2001 No. 76 s 15

pt 2 div 3 hdg ins 1996 No. 42 s 8

amd 2001 No. 76 s 24(2)

om 2014 No. 17 s 72

pt 2 div 4 hdg ins 1996 No. 42 s 11

amd 2001 No. 76 s 11 sch 2

om 2014 No. 17 s 77

ch 2 pt 1 hdg ins 2024 No. 22 s 24

5Appointment of commissioner

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

(2)A person is eligible for appointment as commissioner only if the person has—

(a)professional firefighting experience; and

(b)incident control expertise; and

(c)fire prevention expertise.

(3)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; 2024 No. 22 s 25

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—

(a)to manage the fire services in a way that ensures each fire service performs its functions under this Act effectively and efficiently; and

(b)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 the fire services; or

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

(2)Without limiting subsection (1), the commissioner also has the following functions—

(a)to decide the appropriate organisational structure of the fire services;

(b)to control and oversee the resources of the fire services;

(c)to decide the number and deployment of fire service officers and rural fire brigade members;

(d)to decide the qualifications for, and duties of, fire service officers;

(e)to be responsible for organising training and development of fire service officers and rural fire brigade members;

(f)to facilitate collaboration and coordination of the fire services for effective service delivery;

(g)to decide the dress or appearance of fire service officers and rural fire brigade members;

(h)to decide the number and location of the fire services’ facilities;

(i)to monitor the performance and management of the fire services;

(j)to report regularly to the Minister on the capability of the fire services to perform the functions of the fire services under this Act;

(k)to report to the Minister on the functions performed by the chief fire officer in each reporting period under section 7J.

(3)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

amd 2024 No. 18 s 10; 2024 No. 22 s 26

7AACommissioner’s directions

(1)The commissioner may give a direction if the commissioner considers it necessary or convenient to give the direction to ensure the efficient and proper functioning of the fire services.

(2)A direction under subsection (1)—

(a)may be written or oral; and

(b)may apply to all or any of the following persons—

(i)the chief fire officer;

(ii)fire service officers;

(iii)rural fire brigade members.

s 7AA ins 2024 No, 22 s 27

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 2 pt 2 hdg ins 2024 No. 22 s 28

ch 2 pt 2 div 1 hdg ins 2024 No. 22 s 28

7CAppointment

(1)The commissioner is to appoint a chief fire officer.

(2)A person is eligible for appointment as chief fire officer only if the person has—

(a)professional firefighting experience; and

(b)incident control expertise; and

(c)fire prevention expertise.

(3)The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the chief fire officer.

(4)The chief fire officer is to be employed under this Act and not the Public Sector Act 2022.

s 7C ins 2024 No. 22 s 28

7DConditions of appointment

The chief fire officer holds office for the term and on the conditions stated in the person’s contract of employment.

s 7D ins 2024 No. 22 s 28

7EResignation

The chief fire officer may, at any time, resign office as chief fire officer by signed notice given to the commissioner.

s 7E ins 2024 No. 22 s 28

7FActing chief fire officer

The commissioner may appoint a person, who is eligible for appointment as chief fire officer, to act in the office of chief fire officer during—

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

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

s 7F ins 2024 No. 22 s 28

7GFunctions

(1)The functions of the chief fire officer are—

(a)to provide advice to the commissioner about the fire services, including matters relating to service delivery, operational culture, best practice and innovation and research; and

(b)to perform other functions given to the chief fire officer under this or another Act.

(2)The chief fire officer is subject to the direction of the commissioner in performing the chief fire officer’s functions under this Act.

s 7G ins 2024 No. 22 s 28

7HPreservation of rights

(1)This section applies if a public service officer is appointed as the chief fire officer.

(2)The person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief fire officer were a continuation of service as a public service officer.

(3)At the end of the person’s term of office or resignation as the chief fire officer, the person’s service as the chief fire officer is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.

s 7H ins 2024 No. 22 s 28

ch 2 pt 2 div 2 hdg ins 2024 No. 22 s 28

7IProviding assistance to chief fire officer

(1)The fire services must give the chief fire officer all reasonable assistance the chief fire officer requires to perform the chief fire officer’s functions.

(2)Without limiting subsection (1), if the chief fire officer asks for information held by a fire service that relates to the chief fire officer’s functions, the fire service must give the information.

s 7I ins 2024 No. 22 s 28

7JReporting requirements

(1)Within 30 days after the end of each reporting period, the chief fire officer must prepare a report on the functions performed by the chief fire officer during the reporting period and give the report to the commissioner.

(2)In this section—

reporting period means—

(a)the period prescribed by regulation for this definition; or

(b)if no period is prescribed—each quarter in a financial year.

s 7J ins 2024 No. 22 s 28

ch 2 pt 3 hdg ins 2024 No. 22 s 28

7KAppointment

(1)The commissioner is to appoint a deputy commissioner.

(2)A person is eligible for appointment as deputy commissioner if the person has—

(a)professional firefighting experience; and

(b)incident control expertise; and

(c)fire prevention expertise.

(3)The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the deputy commissioner.

(4)The deputy commissioner is to be employed under this Act and not the Public Sector Act 2022.

s 7K ins 2024 No. 22 s 28

7LConditions of appointment

The deputy commissioner holds office for the term and on the conditions stated in the person’s contract of employment.

s 7L ins 2024 No. 22 s 28

7MResignation

The deputy commissioner may, at any time, resign office as deputy commissioner by signed notice given to the commissioner.

s 7M ins 2024 No. 22 s 28

7NActing deputy commissioner

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

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

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

s 7N ins 2024 No. 22 s 28

7OFunctions

(1)The functions of the deputy commissioner are—

(a)to support the commissioner in the performance of the commissioner’s functions; and

(b)to manage the service delivery of QFR to ensure the effectiveness and efficiency of QFR; and

(c)to ensure the development of the capability of QFR, including the systems, frameworks and resources required to support the delivery of services; and

(d)to ensure minimum standards and training for fire service officers assigned to QFR are in place to the satisfaction of the commissioner; and

(e)to perform any other function given to the deputy commissioner by the commissioner.

(2)The deputy commissioner is subject to the direction of the commissioner in performing the deputy commissioner’s functions under this Act.

s 7O ins 2024 No. 22 s 28

7PPreservation of rights

(1)This section applies if a public service officer is appointed as the deputy commissioner.

(2)The person keeps all rights accrued or accruing to the person as a public service officer as if service as the deputy commissioner were a continuation of service as a public service officer.

(3)At the end of the person’s term of office or resignation as the deputy commissioner, the person’s service as the deputy commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.

s 7P ins 2024 No. 22 s 28

ch 2 pt 4 hdg ins 2024 No. 22 s 28

7QAppointment

(1)The commissioner is to appoint a chief officer.

(2)A person is eligible for appointment as chief officer only if the person has—

(a)rural firefighting experience; or

(b)rural incident control expertise; or

(c)rural fire prevention expertise.

(3)The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the chief officer.

(4)The chief officer is to be employed under this Act and not the Public Sector Act 2022.

s 7Q ins 2024 No. 22 s 28

7RConditions of appointment

The chief officer holds office for the term and on the conditions stated in the person’s contract of employment.

s 7R ins 2024 No. 22 s 28

7SResignation

The chief officer may, at any time, resign office as chief officer by signed notice given to the commissioner.

s 7S ins 2024 No. 22 s 28

7TActing chief officer

The commissioner may appoint a person, who is eligible for appointment as chief officer, to act in the office of chief officer during—

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

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

s 7T ins 2024 No. 22 s 28

7UFunctions

(1)The functions of the chief officer are—

(a)to support the commissioner in the performance of the commissioner’s functions; and

(b)to manage the service delivery of RFSQ, including fire service officers assigned to RFSQ, to ensure the effectiveness and efficiency of RFSQ; and

(c)to ensure the development of the capability of RFSQ, including the systems, frameworks and resources required to support the delivery of services; and

(d)to ensure minimum standards and training for fire service officers assigned to RFSQ, and for rural fire brigade members, are in place to the satisfaction of the commissioner; and

(e)to perform any other function given to the chief officer by the commissioner.

(2)The chief officer is subject to the direction of the commissioner in performing the chief officer’s functions under this Act.

s 7U ins 2024 No. 22 s 28

7VPreservation of rights

(1)This section applies if a public service officer is appointed as the chief officer.

(2)The person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief officer were a continuation of service as a public service officer.

(3)At the end of the person’s term of office or resignation as the chief officer, the person’s service as the chief officer is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.

s 7V ins 2024 No. 22 s 28

ch 3 hdg ins 2014 No. 17 s 67

sub 2024 No. 22 s 29

ch 3 pt 1 hdg ins 2014 No. 17 s 67

amd 2024 No. 22 s 30

8Establishment

(1)Queensland Fire and Rescue (QFR) is established.

(2)Rural Fire Service Queensland (RFSQ) is established.

(3)Each of QFR and RFSQ is a fire service.

(4)QFR and RFSQ are collectively called the fire services.

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

sub 2024 No. 22 s 31

8AMembership

(1)QFR consists of the following persons—

(a)the commissioner;

(b)the deputy commissioner;

(c)fire service officers assigned to QFR by the commissioner.

(2)RFSQ consists of the following entities—

(a)the commissioner;

(b)the chief officer;

(c)fire service officers assigned to RFSQ by the commissioner;

(d)rural fire brigades;

(e)rural fire brigade members.

s 8A ins 1996 No. 42 s 8

sub 2001 No. 76 s 15

amd 2014 No. 17 s 69

sub 2024 No. 22 s 31

8BFunctions and powers

(1)The functions of the fire services 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 the fire services’ 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 the fire services under this Act or another Act; and

(f)to perform functions incidental to the other functions of each of the fire services; and

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

(2)The fire services have the power to do anything necessary or convenient to be done for the performance of the functions of the fire services.

Note—

See also chapter 4 for additional functions of RFSQ.

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; 2024 No. 22 s 32

25Staff

(1)The commissioner may employ the persons the commissioner considers necessary to perform the fire services’ functions.

(2)Without limiting subsection (1), the commissioner may employ the number of executive officers or senior officers as is necessary for the effective administration of the Act and the performance of the fire services’ functions.

(3)However, the commissioner may employ a person as an executive officer, or a senior officer, in QFR under this section only if the commissioner is satisfied the person has—

(a)professional firefighting experience; and

(b)incident control expertise; and

(c)fire prevention expertise.

(3A)Subsection (3) does not apply to the employment of a person as a scientific officer in QFR.

(4)Also, the commissioner may employ a person as an executive officer in RFSQ under this section only if the commissioner is satisfied the person has—

(a)rural firefighting experience; or

(b)rural incident control expertise; or

(c)rural fire prevention expertise.

(5)In this section—

executive officer means a person employed in a role equivalent to that of a senior executive under the Public Sector Act 2022, section 188.

scientific officer means an officer who—

(a)holds a tertiary qualification in applied science, chemical engineering, chemistry or science that is directly relevant to the performance of the functions of the office; and

(b)does not perform firefighting or incident control functions or duties.

senior officer means a person employed in a role equivalent to that of a senior officer under the Public Sector Act 2022, schedule 2.

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

sub 2024 No. 22 s 34

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

25BEmployment on merit

(1)In considering an applicant’s ability to perform the requirements of a position for the purpose of the Public Sector Act 2022, section 45(2)(a), the person undertaking the recruitment and selection process must consider whether the applicant has the mandatory qualifications, skills or experience the commissioner considers necessary for the position (the requisite conditions).

(2)In deciding the applicant best suited to the position under the Public Sector Act 2022, section 45(2), the person must consider the primacy of the requisite conditions over any other matter that may be considered under section 45(2)(b) of that Act.

s 25B prev s 25B ins 2010 No. 37 s 21

amd 2014 No. 17 s 184 sch 1 pt 4

om 2022 No. 34 s 343

pres s 25B ins 2024 No. 22 s 35

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 the fire services upon attaining the age of 65 years;

(b)may elect to retire from employment with the fire services 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; 2024 No. 22 s 92 sch 1

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.

s 29A ins 2014 No. 17 s 84

amd 2024 No. 22 s 92 sch 1

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.

s 29B ins 2014 No. 17 s 84

amd 2024 No. 22 s 92 sch 1

ch 4 hdg prev ch 4 hdg ins 2014 No. 17 s 100

om 2024 No. 18 s 11

pres ch 4 hdg ins 2024 No. 22 s 62

ch 4 pt 1 hdg prev ch 4 pt 1 hdg ins 2014 No. 17 s 100

om 2024 No. 18 s 11

pres ch 4 pt 1 hdg ins 2024 No. 22 s 62

ch 4 pt 1 div 1 hdg ins 2014 No. 17 s 100

om 2024 No. 18 s 11

ch 4 pt 1 div 2 hdg ins 2014 No. 17 s 100

om 2024 No. 18 s 11

ch 4 pt 1 div 3 hdg ins 2014 No. 17 s 100

om 2024 No. 18 s 11

ch 4 pt 1 div 4 hdg ins 2014 No. 17 s 100

om 2024 No. 18 s 11

ch 4 pt 1 div 5 hdg ins 2014 No. 17 s 100

om 2024 No. 18 s 11

129Additional functions of RFSQ

RFSQ has the following functions, in addition to the functions for RFSQ mentioned in section 8B—

(a)to carry out activities for the prevention of, preparedness for, response to, and recovery from, bushfires;

(b)to control and prevent bushfires;

(c)to investigate bushfires;

(d)to manage chief fire wardens and fire wardens;

(e)to manage the administration of the granting of notifications, notices and permits under this Act for the lighting of fires;

(f)to manage rural fire brigades;

(g)to support other entities providing emergency services to help communities respond to and recover from disasters;

(h)to support communities to improve resilience to bushfires;

(i)to perform other functions given to RFSQ by the commissioner.

s 129 prev s 129 sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 129 ins 2024 No. 22 s 62

ch 4 pt 2 hdg prev ch 4 pt 2 hdg ins 2014 No. 17 s 100

om 2024 No. 18 s 11

pres ch 4 pt 2 hdg ins 2024 No. 22 s 62

ch 4 pt 2 div 1 hdg ins 2014 No. 17 s 100

om 2024 No. 18 s 11

ch 4 pt 2 div 2 hdg ins 2014 No. 17 s 100

om 2024 No. 18 s 11

ch 4 pt 2 div 3 hdg ins 2014 No. 17 s 100

om 2024 No. 18 s 11

ch 4 pt 2 div 4 hdg ins 2014 No. 17 s 100

om 2024 No. 18 s 11

130Establishment and membership of RFSQ advisory committee

(1)The RFSQ advisory committee is established.

(2)The Minister must appoint the members of the RFSQ advisory committee in consultation with the chief officer.

(3)The RFSQ advisory committee has the function of advising the chief officer on matters relating to the performance of the functions of RFSQ, including the administration and management of rural fire brigades.

(4)A member of the RFSQ advisory committee holds the member’s appointment on the conditions decided by the Minister.

(5)To remove any doubt, it is declared that the RFSQ advisory committee is not a decision-making body.

s 130 orig s 130 om 2003 No. 13 s 106 sch 1

prev s 130 ins 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 130 ins 2024 No. 22 s 62

ch 4 pt 3 hdg prev ch 4 pt 3 hdg ins 2014 No. 17 s 100

om 2024 No. 18 s 11

pres ch 4 pt 3 hdg (prev ch 3 pt 7 div 2 hdg) reloc and renum 2024 No. 22 s 44(1)

131Chief 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)The commissioner may appoint a person to be a chief fire warden or fire warden (each a relevant fire warden), or recommend to the Governor in Council the appointment of a person as a relevant fire warden under subsection (4), only if the commissioner is satisfied the person is appropriately qualified to perform the functions and exercise the powers of a relevant fire warden.

(3)Subject to subsection (4)—

(a)a relevant fire warden holds office for the term and on the conditions stated in the relevant fire warden’s instrument of appointment; and

(b)without limiting paragraph (a), the instrument of appointment must state the geographical area in which the relevant fire warden can perform the relevant fire warden’s functions or exercise the relevant fire warden’s powers.

(4)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.

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

(6)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.

(7)The Governor in Council may, by notification published in the gazette, amend or rescind any notification made under subsection (4)(b).

s 131 prev s 131 amd 1996 No. 42 ss 20 sch 1, 21 sch 2; 2001 No. 76 s 11 sch 2

sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 131 (prev 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; 2024 No. 22 s 41

reloc and renum 2024 No. 22 s 44(2)

132Powers 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)Without limiting section 7AA, the commissioner may direct a chief fire warden or fire warden—

(a)in the performance of the chief fire warden’s or fire warden’s functions; and

(b)to perform functions in addition to those conferred 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 132 prev s 132 sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 132 (prev s 76) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2024 No. 22 s 42

reloc and renum 2024 No. 22 s 44(2)

133Resignation

A chief fire warden or fire warden may, at any time, resign office as chief fire warden or fire warden by signed notice given to the commissioner.

s 133 prev s 133 amd 1996 No. 42 ss 21 sch 2, 3 sch 3; 2001 No. 76 ss 24 (1), 11 sch 2

sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 133 (prev s 77) sub 2024 No. 22 s 43

reloc and renum 2024 No. 22 s 44(2)

134Appeals 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 145B or 145G or to determine applications for permits under section 145C, 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 134 prev s 134 sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 134 (prev s 78) amd 1996 No. 42 ss 21 sch 2, 3 sch 3; 2001 No. 76 s 24 (1), (3); 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 44(2)

ch 4 pt 4 hdg prev ch 4 pt 4 hdg ins 2014 No. 17 s 100

om 2024 No. 18 s 11

pres ch 4 pt 4 hdg (prev ch 3 pt 7 div 3 hdg) reloc and renum 2024 No. 22 s 51(1)

ch 4 pt 4 div 1 hdg ins 2014 No. 17 s 100

om 2024 No. 18 s 11

ch 4 pt 4 div 2 hdg ins 2014 No. 17 s 100

om 2024 No. 18 s 11

135Registration of rural fire brigade

(1)Any group of persons may apply to the commissioner to register an entity 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.

Note—

If an application for registration of an entity as a rural fire brigade is granted, each person in the group who applied for registration is not necessarily a member of the rural fire brigade.

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

s 135 prev s 135 sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 135 (prev s 79) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2024 No. 22 s 45

reloc and renum 2024 No. 22 s 51(2)

136Appointment of rural fire brigade members

(1)The commissioner may appoint a person as a member of a rural fire brigade.

(2)A rural fire brigade member—

(a)is appointed on the terms stated in the instrument of appointment; and

(b)may resign the appointment by signed notice given to the commissioner.

s 136 orig s 136 amd 1996 No. 42 ss 20 sch 1, 3 sch 3

om 2000 No. 5 s 461 sch 3

prev s 136 ins 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 136 (prev s 80) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

sub 2024 No. 22 s 46

reloc and renum 2024 No. 22 s 51(2)

137Rules for rural fire brigades

(1)The commissioner may make model rules for the proper management and operation of rural fire brigades.

(2)A rural fire brigade may, with the written approval of the commissioner, make a rule that is additional to the model rules.

(3)An additional rule under subsection (3) must not be inconsistent with this Act or the model rules.

(4)A rural fire brigade’s rules are the model rules and any additional rules approved by the commissioner.

(5)A rural fire brigade and the members of the rural fire brigade must comply with the rural fire brigade’s rules.

s 137 prev s 137 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2006 No. 49 s 42; 2009 No. 36 s 872 sch 2; 2011 No. 18 s 404 sch 4 pt 1

sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 137 (prev s 80A) ins 2024 No. 22 s 46

reloc and renum 2024 No. 22 s 51(2)

138Officers and office bearers 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)A rural fire brigade may elect any member of the brigade to be the chairperson, secretary or treasurer of the brigade (each an office bearer).

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

(5)A person holds office, or is an office bearer, for the period specified by the commissioner.

(6)The commissioner may do either or both of the following in relation to a person—

(a)dismiss the person from an office held with, or as an office bearer of, a rural fire brigade;

(b)disqualify the person from holding any office with, or being an office bearer of, a rural fire brigade.

s 138 prev s 138 amd 1996 No. 42 s 21 sch 2; 1999 No. 19 s 3 sch; 2001 No. 76 s 24 (1); 2003 No. 91 s 175 sch 1

sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 138 (prev s 81) amd 1996 No. 42 ss 21 sch 2, 3 sch 3; 2001 No. 76 s 24 (1), (3); 2024 No. 22 s 47

reloc and renum 2024 No. 22 s 51(2)

139Functions of a rural fire brigade

(1)The functions of a rural fire brigade are—

(a)to carry out fire fighting and fire prevention; and

(b)to use fire for land management; and

(c)to carry out other activities to help communities or other entities prepare for, respond to, and enhance resilience to, an event or a disaster; and

(d)to carry out activities to raise the profile of RFSQ, promote bushfire safety or raise funds to support rural fire brigades in the performance of the brigades’ other functions; and

(e)to provide services or assistance if required by any Act or the reasonable expectations of the community; and

(f)to perform any other function given to the brigade by the commissioner.

(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 139 prev s 139 amd 1996 No. 42 s 3 sch 3; 2001 No. 76 s 24 (1)

sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 139 (prev s 82) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2024 No. 22 s 48

reloc and renum 2024 No. 22 s 51(2)

140Powers of first officer

(1)Where, pursuant to notification given under section 139(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 140 prev s 140 amd 1996 No. 42 ss 20 sch 1, 21 sch 2, 3 sch 3; 2001 No. 76 ss 24 (1), 11 sch 2

sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 140 (prev s 83) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 51(2)

141Appointment of person in charge of operations

(1)The commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, if the commissioner considers it appropriate and necessary in the circumstances.

(2)However, the commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire under subsection (1) in an area for which a rural fire brigade is in charge of fire fighting and fire prevention under section 138(2) only if there is no first officer for the rural fire brigade, within the meaning of section 140(4), who is available for controlling or extinguishing the fire.

(3)The appointment under subsection (1) may be—

(a)written or oral; and

(b)for the duration of an event or for a stated or indefinite period.

(4)The appointment of a person as the person in charge of operations ends—

(a)for an appointment for the duration of an event—at the end of the event; or

(b)for an appointment for a stated period—at the end of the stated period; or

(c)for an appointment for an indefinite period—when the commissioner gives the person notice that the appointment has ended.

(5)Despite subsection (4), the appointment of a person as the person in charge of operations ends if the commissioner gives the person notice that the appointment has ended.

(6)The person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, has the powers of the first officer of a rural fire brigade under section 140(1)(a) and (b).

(7)Section 140(2) applies to the person in charge of operations as if a reference in the subsection to the first officer of a rural fire brigade were a reference to the person in charge of operations.

(8)Any person performing a function or exercising a power under this section must comply with—

(a)any relevant code of practice; and

(b)any direction given by the commissioner.

s 141 prev s 141 amd 1996 No. 42 ss 21 sch 2, 3 sch 3; 2001 No. 76 s 11 sch 2

sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 141 (prev s 83A) ins 2024 No. 22 s 49

reloc and renum 2024 No. 22 s 51(2)

142Equipment 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 142 prev s 142 amd 1996 No. 42 ss 21 sch 2, 3 sch 3; 2001 No. 76 s 11 sch 2

sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 142 (prev 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

reloc and renum 2024 No. 22 s 51(2)

143Powers 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 143 prev s 143 amd 5 April 1995 RA s 38; 1996 No. 42 ss 15, 21 sch 2; 2001 No. 76 s 11 sch 2

sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 143 (prev s 86) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

reloc and renum 2024 No. 22 s 51(2)

ch 4A hdg ins 2024 No. 22 s 63

ch 4A pt 1 hdg (prev ch 3 pt 7 div 1 hdg) amd 1996 No. 42 s 3 sch 3; 2001 No. 76 s 24 (1)

sub 2024 No. 22 s 39

reloc and renum 2024 No. 22 s 40(1)

144Interpretation and application of part

(1)For the purposes of this part 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 part 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 part—

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 144 prev s 144 amd 1995 No. 55 s 35; 1996 No. 42 ss 21 sch 2, 3 sch 3; 1997 No. 52 s 3 sch; 2001 No. 76 s 11 sch 2; 2002 No. 60 s 20; 2006 No. 49 s 44

sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 144 (prev s 61) amd 2010 No. 12 s 14; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 40(2)

145Offence to light unauthorised fire

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

Maximum penalty—50 penalty units or 6 months imprisonment.

s 145 prev s 145 amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 11 sch 2

sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 145 (prev s 62) amd 2006 No. 49 s 13; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 40(2)

145AAuthorisation 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 145A (prev s 63) amd 1996 No. 42 ss 20 sch 1, 21 sch 2; 2001 No. 76 s 24

reloc and renum 2024 No. 22 s 40(2)

145BProhibition by commissioner against lighting of fires

(1)Notwithstanding any notification under section 145A 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 145B (prev 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; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 40(2)

145CGranting 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 145B(5).

s 145C (prev s 65) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2023 No. 11 s 9; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 40(2)

145DFires in State forests etc.

(1)The provisions of this part 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 145D (prev 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; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 40(2)

145EOccupier 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 145E (prev 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

reloc and renum 2024 No. 22 s 40(2)

145FPowers 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 145F (prev 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

reloc and renum 2024 No. 22 s 40(2)

145GRequisition 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 150J.

(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 145G (prev 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; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 40(2)

145HRestriction 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 145H (prev s 70) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

reloc and renum 2024 No. 22 s 40(2)

145INotifications, notices and permits

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

(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 part 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 145I (prev s 71) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2023 No. 7 s 20; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 40(2)

145JOffences 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 part 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 part, 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 145C;

(f)without the consent of the commissioner, alters any particular shown in a permit granted under section 145C.

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 145J (prev s 72) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2006 No. 49 s 16; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 40(2)

145KLiability 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 part 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 part upon the person by whom an offence is actually committed.

s 145K (prev s 73) amd 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 40(2)

145LLiability for damage caused by certain fires

(1)A person who lights a fire—

(a)authorised to be lit by notification given under section 145A or by a permit granted under section 145C; or

(b)in order to comply with a notification or notice given under section 145G;

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.

s 145L (prev s 74) amd 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 40(2)

ch 4A pt 2 hdg (prev ch 3 pt 8 hdg) reloc and renum 2024 No. 22 s 52(1)

ch 4A pt 2 div 1 hdg ins 1995 No. 55 s 15

145MImposing 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 145N, 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 145M (prev 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; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 52(2)

145NNotifying 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 145N (prev 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

reloc and renum 2024 No. 22 s 52(2)

145OCancelling 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 145O (prev 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

reloc and renum 2024 No. 22 s 52(2)

145PPeriod 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 145N 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 145O 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 145P (prev s 86D) ins 1995 No. 55 s 15

sub 2023 No. 7 s 10

amd 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 52(2)

145QEffect 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 145Q (prev s 86E) ins 1995 No. 55 s 15

reloc and renum 2024 No. 22 s 52(2)

145RContravening 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 145R (prev s 86F) ins 1995 No. 55 s 15

reloc and renum 2024 No. 22 s 52(2)

145SEvidentiary aid about local fire ban

In a proceeding for an offence against section 145R, 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 145S (prev s 86G) ins 1995 No. 55 s 15

amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 52(2)

ch 4A pt 2 div 2 hdg ins 1995 No. 55 s 15

145TDeclaration 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 145C 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 145T (prev s 87) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 52(2)

145UNotification 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 145U (prev s 88) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1); 2023 No. 7 s 11

reloc and renum 2024 No. 22 s 52(2)

145VPeriod 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 145V (prev s 89) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

reloc and renum 2024 No. 22 s 52(2)

145WEffect 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.

s 145W (prev s 90) reloc and renum 2024 No. 22 s 52(2)

145XCommissioner’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 145X (prev s 91) amd 1996 No. 42 ss 20 sch 1, 21 sch 2; 2001 No. 76 s 24 (1), (4)

reloc and renum 2024 No. 22 s 52(2)

145YFailure to comply with declaration

Any person who fails to comply with a declaration of a state of fire emergency or with any requisition made under section 145X(2) commits an offence against this Act.

Maximum penalty—250 penalty units or 2 years imprisonment.

s 145Y (prev s 92) amd 1995 No. 55 s 16; 2023 No. 7 s 68 sch 1 pt 1; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 52(2)

145ZCertificate about declaration

In any proceeding for—

(a)an offence defined in section 145Y; 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 145T 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 145Z (prev s 93) amd 1995 No. 55 s 17; 1996 No. 42 s 3 sch 3; 2001 No. 76 s 24 (1); 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 52(2)

ch 4A pt 3 hdg (prev ch 3 pt 9 hdg) reloc and renum 2024 No. 22 s 53(1)

146Application 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 146 prev s 146 sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 146 (prev 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

reloc and renum 2024 No. 22 s 53(2)

146AOccupier 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 146A prev s 146A ins 2008 No. 64 s 21

sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 146A (prev s 96) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

reloc and renum 2024 No. 22 s 53(2)

146BOff-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 146A 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 146B (prev s 97) amd 1996 No. 42 ss 20 sch 1, 21 sch 2; 2001 No. 76 s 24 (1); 2002 No. 60 s 19; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 53(2)

146CAssistance 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 146C (prev 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

reloc and renum 2024 No. 22 s 53(2)

146DApproval 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 146D (prev s 99) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

reloc and renum 2024 No. 22 s 53(2)

146EAmendment 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 146E (prev s 100) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

reloc and renum 2024 No. 22 s 53(2)

146FDuty 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 146F (prev s 101) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

reloc and renum 2024 No. 22 s 53(2)

146GNotice 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 146G (prev s 102) amd 1996 No. 42 s 21 sch 2; 2001 No. 76 s 24 (1)

reloc and renum 2024 No. 22 s 53(2)

146HKeeping 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 146H (prev 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

reloc and renum 2024 No. 22 s 53(2)

146IPunishment for certain offences against this part

A person convicted of—

(a)an offence defined in section 146F(2); or

(b)an offence consisting in a failure to notify a change of circumstances, as required by section 146G(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 146I (prev s 104) amd 1995 No. 55 s 19; 2001 No. 76 s 11 sch 2; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 53(2)

ch 4A pt 4 hdg (prev ch 3 pt 9A hdg) ins 1991 No. 51 s 3.10

reloc and renum 2024 No. 22 s 56(1)

ch 4A pt 4 div 1 hdg ins 1991 No. 51 s 3.10

146JInterpretation

In this part (other than division 5A) and in schedule 1—

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 146J 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 146J def Building Advisory Committee om 1998 No. 13 s 191 sch

building certifier ...

s 146J def building certifier ins 1998 No. 13 s 191 sch

om 2006 No. 49 s 17 (3)

Building Code of Australia ...

s 146J def Building Code of Australia amd 1998 No. 13 s 191 sch

om 2006 No. 49 s 17 (3)

building surveyor ...

s 146J 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 146J 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 146J 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 146M.

s 146J def prescribed fire safety installation amd 2024 No. 22 s 92 sch 1

Standard Building Law ...

s 146J def Standard Building Law om 1998 No. 13 s 191 sch

Standard Building Regulation ...

s 146J def Standard Building Regulation ins 1998 No. 13 s 191 sch

om 2006 No. 49 s 17 (3)

s 146J (prev s 104A) ins 1991 No. 51 s 3.10

amd 2006 No. 49 s 17 (1); 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

146KApplication 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 149K to 149V 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 146K (prev 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; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

ch 4A pt 4 div 2 hdg ins 1991 No. 51 s 3.11

sub 2002 No. 7 s 10

ch 4A pt 4 div 2 sdiv 1 hdg ins 2002 No. 7 s 10

146LOccupier 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 150J.

s 146L (prev s 104C) ins 1991 No. 51 s 3.11

amd 2006 No. 49 s 19; 2013 No. 51 s 229 sch 1; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

146MOccupier 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 146M (prev 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

reloc and renum 2024 No. 22 s 56(2)

146NAdditional 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 QFR 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 QFR.

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

s 146N (prev s 104DA) ins 2006 No. 49 s 21

amd 2014 No. 17 s 95; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

ch 4A pt 4 div 2 sdiv 2 hdg ins 2002 No. 7 s 11

146OFire 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 146O (prev s 104E) ins 1991 No. 51 s 3.11

amd 2006 No. 49 s 22

reloc and renum 2024 No. 22 s 56(2)

146PAssistance 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 under section 146O(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 146P (prev 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; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

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

146QObligation 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 146Q (prev s 104FA) ins 2002 No. 7 s 12

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

reloc and renum 2024 No. 22 s 56(2)

146ROther obligations about fire safety management plan

(1)The owner of a budget accommodation building who is required, under section 146Q 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 146R (prev 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; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

146SMeaning 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 146S (prev s 106FC) ins 2002 No. 7 s 12

reloc and renum 2024 No. 22 s 56(2)

146TGuidelines 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 146T (prev s 104FD) ins 2002 No. 7 s 12

amd 2014 No. 17 s 184 sch 1 pt 4

reloc and renum 2024 No. 22 s 56(2)

146UPublic 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 146U (prev s 104FE) ins 2002 No. 7 s 12

amd 2014 No. 17 s 184 sch 1 pt 4

sub 2023 No. 7 s 12

reloc and renum 2024 No. 22 s 56(2)

146VAccessing 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 146V (prev s 104FG) ins 2002 No. 7 s 12

reloc and renum 2024 No. 22 s 56(2)

ch 4A pt 4 div 2 sdiv 3A hdg ins 2006 No. 49 s 25

146WProvisions applying for particular proceedings

(1)This section applies for sections 146L, 146M, 146O, 146Q and 146R (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 146W (prev s 104FGA) ins 2006 No. 49 s 25

amd 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

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

146XObligations 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 146T.

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

s 146X (prev s 104FH) ins 2002 No. 7 s 12

amd 1975 No. 11 s 283 (3) (a) (amd 2006 No. 36 s 69); 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

ch 4A pt 4 div 2 sdiv 5 hdg ins 2002 No. 7 s 12

amd 2006 No. 49 s 26

146YNotice 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 146Y (prev 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

reloc and renum 2024 No. 22 s 56(2)

ch 4A pt 4 div 3 hdg ins 1991 No. 51 s 3.13

146ZProhibition 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 147 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 1 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 1; 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 147 to and including the date the occupier is issued a certificate of compliance or given a notice refusing the application pursuant to section 147.

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

s 146Z (prev s 104H) ins 1991 No. 51 s 3.13

amd 1995 No. 55 s 20; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

147Certificate of compliance

(1)An occupier of a building to which a regulation made under section 146Z(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 146L, 146M and 146O 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 5 apply as if the authorised fire officer had given to the applicant on that date a notice of refusal.

s 147 prev s 147 amd 1991 No. 51 s 3.21; 2006 No. 49 s 45; 2008 No. 64 s 22

sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 147 (prev 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; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

147AForm 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 147A prev s 147A ins 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 147A (prev s 104J) ins 1991 No. 51 s 3.14

reloc and renum 2024 No. 22 s 56(2)

147BCertificate of compliance—limitations on requirements

An authorised fire officer who inspects a building for the purposes of section 147 must not impose—

(a)more onerous requirements for the maintenance of fire safety installations than the occupier was required to maintain under section 146M 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 147B prev s 147B ins 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 147B (prev s 104K) ins 1991 No. 51 s 3.14

amd 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

ch 4A pt 4 div 3A hdg ins 2006 No. 49 s 27

ch 4A pt 4 div 3A sdiv 1 hdg ins 2006 No. 49 s 27

147CDefinitions 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 147H.

s 147C def occupancy notice amd 2024 No. 22 s 92 sch 1

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 147C prev s 147C ins 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 147C (prev s 104KA) ins 2006 No. 49 s 27

reloc and renum 2024 No. 22 s 56(2)

147DObject 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 147D prev s 147D ins 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 147D (prev s 104KB) ins 2006 No. 49 s 27

reloc and renum 2024 No. 22 s 56(2)

147EApplication 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 147F(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 147F(2) as if a reference in that subsection to the building were a reference to the room.

s 147E (prev s 104KC) ins 2006 No. 49 s 27

amd 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

ch 4A pt 4 div 3A sdiv 2 hdg ins 2006 No. 49 s 27

147FDeciding 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 147F (prev s 104KD) ins 2006 No. 49 s 27

reloc and renum 2024 No. 22 s 56(2)

147GDeciding 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 147F(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 147G (prev s 104KE) ins 2006 No. 49 s 27

amd 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

147HCommissioner may give occupancy notice to occupier

If the commissioner decides under section 147F 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 147G;

(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 147H (prev s 104KF) ins 2006 No. 49 s 27

amd 2009 No. 24 s 106; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

147IOccupancy 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 147I (prev s 104KG) ins 2006 No. 49 s 27

reloc and renum 2024 No. 22 s 56(2)

147JApplication 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 147J (prev s 104KH) ins 2006 No. 49 s 27

reloc and renum 2024 No. 22 s 56(2)

147KRe-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 147F(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 147K (prev s 104KI) ins 2006 No. 49 s 27

amd 2009 No. 24 s 107; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

ch 4A pt 4 div 3A sdiv 3 hdg ins 2006 No. 49 s 27

147LApplication 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 147L (prev s 104KJ) ins 2006 No. 49 s 27

reloc and renum 2024 No. 22 s 56(2)

147MEnsuring 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 147M (prev s 104KK) ins 2006 No. 49 s 27

reloc and renum 2024 No. 22 s 56(2)

147NEnsuring 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 147N (prev s 104KL) ins 2006 No. 49 s 27

reloc and renum 2024 No. 22 s 56(2)

147OImplementing 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 147O (prev s 104KM) ins 2006 No. 49 s 27

reloc and renum 2024 No. 22 s 56(2)

147PDisplaying 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 147P (prev s 104KN) ins 2006 No. 49 s 27

reloc and renum 2024 No. 22 s 56(2)

147QIncluding 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 147Q (prev s 104KO) ins 2006 No. 49 s 27

reloc and renum 2024 No. 22 s 56(2)

147RNotifying the commissioner of relevant changes

(1)If any of the matters stated in section 147F(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 147R (prev s 104KP) ins 2006 No. 49 s 27

amd 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

147SAction 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 147S (prev s 104KQ) ins 2006 No. 49 s 27

reloc and renum 2024 No. 22 s 56(2)

ch 4A pt 4 div 3A sdiv 4 hdg ins 2006 No. 49 s 27

147TCommissioner 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 147T (prev s 104KR) ins 2006 No. 49 s 27

reloc and renum 2024 No. 22 s 56(2)

147UCommissioner may publish occupancy numbers

For the performance of QFR’s functions, the commissioner may publish the occupancy numbers for buildings to the public.

s 147U (prev s 104KS) ins 2006 No. 49 s 27

amd 2014 No. 17 s 97; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

ch 4A pt 4 div 5 hdg ins 1991 No. 51 s 3.17

147VInjunctions

(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 147V (prev 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

reloc and renum 2024 No. 22 s 56(2)

ch 4A pt 4 div 5A hdg ins 2006 No. 49 s 37

147WDefinitions for div 5A

(1)In this division—

chief executive (land) ...

s 147W 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 147W def class 1a building sub 2016 No. 45 s 4 (1)–(2)

class 2 building ...

s 147W 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 147W def form of assignment om 2016 No. 45 s 4 (1)

home owner ...

s 147W 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 147W 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 147W def lessor amd 2008 No. 73 s 554 sch 1

manufactured home ...

s 147W def manufactured home om 2016 No. 45 s 4 (1)

manufacturer’s instructions ...

s 147W def manufacturer’s instructions om 2024 No. 22 s 92 sch 1

property transfer information form ...

s 147W def property transfer information form om 2016 No. 45 s 4 (1)

operates when tested, for a smoke alarm, see section 147X.

s 147W def operates when tested ins 2016 No. 45 s 4 (2)

amd 2024 No. 22 s 92 sch 1

registrar ...

s 147W def registrar om 2016 No. 45 s 4 (1)

residential land means land on which a domestic dwelling is constructed.

residential park ...

s 147W def residential park om 2016 No. 45 s 4 (1)

site ...

s 147W def site om 2016 No. 45 s 4 (1)

site agreement ...

s 147W def site agreement om 2016 No. 45 s 4 (1)

smoke alarm information see section 148J.

s 147W def smoke alarm information amd 2024 No. 22 s 92 sch 1

smoke alarm requirement provision means each of the following—

(a)section 147Y;

(b)section 147Z.

s 147W def smoke alarm requirement provision ins 2016 No. 45 s 4 (2)

amd 2024 No. 22 s 92 sch 1

sole-occupancy unit ...

s 147W 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 147W def sole-occupancy unit in a class 2 building 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 147W 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 147W 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 147W (prev s 104RA) ins 2006 No. 49 s 37

amd 2016 No. 45 s 4 (3)

reloc and renum 2024 No. 22 s 56(2)

(1) def smoke alarm requirement provision paragraph (a) and (2) exp 31 December 2026 (see s 147W(2))

147XWhen 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 147X (prev s 104RAA) ins 2016 No. 45 s 5

reloc and renum 2024 No. 22 s 56(2)

147YOwner 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 147Z 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 147Z 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 147Y (prev s 104RB) ins 2006 No. 49 s 37

amd 2016 No. 45 s 6; 2023 No. 7 s 15; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

exp 31 December 2026 (see s 147Y(3))

147ZOwner 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 147Z (prev s 104RBA) ins 2016 No. 45 s 7

amd 2020 No. 24 s 153 sch 1 pt 2

reloc and renum 2024 No. 22 s 56(2)

(1)–(2) and (7) exp 31 December 2026 (see s 147Z(7))

148Alternative 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 148 prev s 148 amd 1995 No. 55 s 36

sub 2006 No. 49 s 46; 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 148 (prev s 104RBB) ins 2016 No. 45 s 7

reloc and renum 2024 No. 22 s 56(2)

148AOwner 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 147Y applies to the domestic dwelling—comply with section 147Z(5)(b) to (d); or

(b)if section 147Z applies to the domestic dwelling—comply with section 147Z(5).

(5)Subsection (4)(a) and this subsection expire on 31 December 2026.

s 148A prev s 148A ins 2006 No. 49 s 46

sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 148A (prev s 104RC) ins 2006 No. 49 s 37

sub 2016 No. 45 s 8

amd 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

(4)(a) and (5) exp 31 December 2026 (see s 148A(5))

148BTesting 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 147X.

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 147X, at least once every 12 months.

Maximum penalty—5 penalty units.

s 148B prev s 148B ins 2006 No. 49 s 46

sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 148B (prev s 104RD) ins 2006 No. 49 s 37

amd 2016 No. 45 s 9; 2024 No. 22 s 92 sch 1

reloc and renum 2024 No. 22 s 56(2)

148CReplacing 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 148C prev s 148C ins 2006 No. 49 s 46

sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 148C (prev s 104RE) ins 2006 No. 49 s 37

reloc and renum 2024 No. 22 s 56(2)

148DTenant 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 148D prev s 148D ins 2006 No. 49 s 46

sub 2014 No. 17 s 100

om 2024 No. 18 s 11

pres s 148D (prev s 104RF) ins 2006 No. 49 s 37

reloc and renum 2024 No. 22 s 56(2)