QueenslandFireandEmergencyServicesAct1990Current as at [Not
applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposed
amendments to the Act included in the Crime and Corruption
andOther Legislation Amendment Bill 2018. This
indicative reprint has beenprepared for information only—it is
not an authorised reprint of the Act.The
point-in-time date for this indicative reprint is the introduction
date forthe Crime and Corruption and Other
Legislation Amendment Bill 2018—15February
2018DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 1
Preliminary[s 1]Fire and
Emergency Services Act 1990AnActtoestablishtheQueenslandFireandEmergencyService, to
establish a fund for particular purposes, to providefor
the prevention of and response to fires and emergencyChapter 1Preliminary1Short
titleThis Act may be cited as theFire
and Emergency Services Act1990.2Objects of ActThe objects of
this Act are—(a)to provide for the prevention of, and
responses to, firesand other emergency incidents; and(b)to provide for rescue services and
operations; and(c)to establish a framework for the
management of—(i)the Queensland Fire and Emergency
Service; and(ii)the State
Emergency Service; and(iii)emergencyserviceunitsestablishedforanemergency service area; and(iv)the conduct of
authorised rescue officers.Current as at
[Not applicable]Page 15
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 2 Commissioner[s 3]3DefinitionsThe dictionary
in schedule 6 defines particular words used inthis Act.4Act binds all persons(1)This Act binds all persons, including
the State and, so far asthelegislativepoweroftheParliamentpermits,theCommonwealth and the other
States.(2)NothinginthisActmakestheCommonwealthoraStateliable to be
prosecuted for an offence.Chapter 2Commissioner5Appointment of commissioner(1)The Governor in Council, acting on the
recommendation ofthe Minister, shall appoint a
commissioner.(2)The commissioner is to be appointed
under this Act, and notunder thePublic Service
Act 2008.6Salary and
conditionsThe Governor in Council shall from time to
time approve thesalary, allowances, and conditions of
employment of a personholding office as commissioner.7Acting commissioner(1)TheMinistermayappointaperson,whoiseligibleforappointmentascommissioner,toactintheofficeofcommissioner during—(a)any
vacancy, or all vacancies, in the office; orPage 16Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 2
Commissioner[s 7A](b)anyperiod,orallperiods,whenthecommissionerisabsent from duty, or can not, for another
reason, performthe functions of the office.(2)The Minister’s power to appoint a
person to act in the office ofcommissionerdoesnotlimittheGovernorinCouncil’spowersundertheActsInterpretationAct1954,section 25(1)(b)(iv) and (v).7AFunctions of commissioner(1)The main functions of the commissioner
are as follows—(a)to manage QFES in a way that ensures
QFES performsits functions under this Act effectively and
efficiently;(b)toestablishmanagementandsupportservicesfortheSES and ES
units;(c)tomakerecommendationstotheMinisteraboutanymatter that—(i)relates to the performance of functions or
exerciseof powers by the commissioner or QFES;
and(ii)may help the
Minister in the proper administrationof this
Act.(2)The commissioner’s functions also
include any other functiongiven to the commissioner under this
Act or another Act.7BCodes of practice(1)Thecommissionermayfromtimetotimeissuecodesofpractice relating to—(a)thefunctions,powers,conductandappearanceoffireservice
officers; or(b)any functions imposed or powers
conferred by or underthis Act on any other person other
than the Minister.(2)The commissioner may at any time amend
or revoke a code ofpractice.Current as at
[Not applicable]Page 17
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 8](3)A
provision of a code of practice is of no effect if
inconsistentwith a provision of this Act.(4)Provisionsofacodeofpracticemaydifferaccordingtodifferences in time, place or
circumstance or according to thefire service
officers or classes of fire service officers to whomthey
are expressed to apply.(5)Evidence of any
provision of a code of practice may be givenby the
production of a document purporting to be certified bythe
commissioner as being a true copy of the provision.Chapter 3Queensland Fire
andEmergency ServicePart 1Establishment, membershipand
functions8Establishment of serviceTheQueenslandFireandEmergencyService(QFES)isestablished.8AMembership of serviceQFES consists
of—(a)the commissioner; and(b)fire service officers.8BFunctions of QFESThe functions of
QFES are—(a)to protect persons, property and the
environment fromfire and hazardous materials emergencies;
andPage 18Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 20](b)toprotectpersonstrappedinavehicleorbuildingorotherwiseendangered,totheextentthatQFES’spersonnel and
equipment can reasonably be deployed orused for the
purpose; and(c)toprovideanadvisoryservice,andundertakeothermeasures, to promote—(i)fire
prevention and fire control; and(ii)safety and other procedures if a fire or
hazardousmaterials emergency happens; and(d)to cooperate with any entity that
provides an emergencyservice; and(e)to
perform other functions given to QFES under this Actor
another Act; and(f)toperformfunctionsincidentaltoitsotherfunctions;and(g)to identify and market products and
services incidentalto its functions.Part 3Financial provisions20Fund(1)The
Emergency Management Fund is established.(2)Accounts for the fund must be kept as part
of the departmentalaccounts of the department.(3)Amountsreceivedforthefundmustbedepositedinadepartmentalfinancial-institutionaccountofthedepartmentbut may be
deposited in an account used for depositing otheramounts of the department.(4)Amounts received for the fund include
the following receivedby the department—(a)amountsreceivedforprescribedpropertyascontributions under part 10;Current as at [Not applicable]Page
19
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 20](b)amounts received by the department from
other sourcesfor the fund or amounts that must be paid
into the fund;(c)amountsreceivedforthedisposalofanassetthatthecommissionerconsiderswaspurchasedsubstantiallywith amounts
paid from the fund or the QFRA Fund;(d)interest from investment of the fund.(5)An amount is payable from the fund
for—(a)the purposes of this Act; or(b)themanagement,byQFESoranotherentityadministered or funded wholly or partly by
the State, oftheadverseeffectsorpotentialadverseeffectsofanincident or event.Example of
management for paragraph (b)—makingarrangementsformitigatingtheeffectsof,preparingfor,responding to and recovering from an
event(6)TheFinancial
Accountability Act 2009applies to the fund.(7)In this section—departmentalaccounts,ofthedepartment,meanstheaccounts of the department under
theFinancial AccountabilityAct 2009,
section 69.departmentalfinancial-institutionaccount,ofthedepartment, means an account of the
department kept undertheFinancial
Accountability Act 2009, section 83.eventsee
theDisaster Management Act 2003.other amounts, of the
department, means amounts receivedby the
department other than amounts received for the fund.QFRAFundmeanstheQFRAFundmentionedintheFinancialAdministrationandAuditAct1977,schedule 2,immediatelybeforethecommencementoftheEmergencyServices
Legislation Amendment Act 2001.Page
20Current as at [Not applicable]
Notauthorised—indicativeonlyPart
4Fire and Emergency Services Act 1990Chapter 3 Queensland Fire and Emergency
Service[s 25]Provisions
affecting personnelDivision 1Appointments and
conditions25Staff of QFESThe commissioner
may employ the persons the commissionerconsiders
necessary to perform the service’s functions.25AFire
service officers employed under this ActFire service
officers are to be employed under this Act, andnot under
thePublic Service Act 2008.25BRequirement to disclose previous
history of seriousdisciplinary action to commissioner(1)Ifthecommissionerproposestoemployapersonundersection 25,thecommissionermayrequirethepersontodisclosetothecommissionerparticularsofanyseriousdisciplinary
action taken against the person.(2)Thepersonmustcomplywiththerequirementbeforetheemployment takes effect and within the
time and in the waystated by the commissioner.(3)The commissioner may have regard to
information disclosedbythepersonunderthissectionindecidingwhethertoemploy the person under section
25.(4)Thecommissionerisnotrequiredtofurtherconsidertheperson for employment under section 25
if the person—(a)fails to comply with the requirement;
or(b)gives false or misleading information
in response to therequirement.Current as at
[Not applicable]Page 21
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 25C]25CRequirement to disclose previous history of
seriousdisciplinary action to commissioner(1)If the commissioner proposes to second
a person to QFES, thecommissionermayrequirethepersontodisclosetothecommissionerparticularsofanyseriousdisciplinaryactiontaken against the person.Note—Seethefollowingprovisionsinrelationtosecondmentsbythecommissioner—(a)thePublic Service Act 2008,
sections 23 and 120;(b)thePublic Service Regulation 2008,
section 5 and schedule 1, item7.(2)Thepersonmustcomplywiththerequirementbeforethesecondment takes effect and within the
time and in the waystated by the commissioner.(3)The commissioner may have regard to
information disclosedby the person under this section in
deciding whether to secondthe person to QFES.(4)Thecommissionerisnotrequiredtofurtherconsidertheperson for secondment if the
person—(a)fails to comply with the requirement;
or(b)gives false or misleading information
in response to therequirement.26Conditions of employment(1)Subjecttoanyapplicableindustrialinstrument,personsemployedundersection 25shallbepaidsalary,wagesandallowancesatsuchratesandshallbeemployedundersuchconditions of
employment as the commissioner determines.(2)However, if a person mentioned in subsection
(1) is employedoncontractforafixedterm,theconditionsoftheperson’semployment are
not subject to any industrial instrument.Page 22Current as at [Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 27]27Additional remunerationA
fire service officer must not seek or accept on account ofanything done in the course of employment in
QFES any feeor reward not authorised by the
commissioner.Notauthorised—indicativeonlyDivision 2Termination of
office28Retirement(1)A
fire service officer—(a)must retire from
employment with QFES upon attainingthe age of 65
years;(b)may elect to retire from employment
with QFES uponor at any time after attaining the age of 55
years.(2)If the commissioner suspects on
reasonable grounds that a fireservice officer,
by reason of mental or physical infirmity, hasnot the capacity
or is unfit—(a)to discharge efficiently the duties of
office; and(b)todischargeefficientlyanyotherdutiesthatthecommissionermightreasonablydirecttheofficertodischarge;the commissioner
must obtain medical opinion on the officer’scondition.(3)Thecommissionermayappointanymedicalpractitionerormedical practitioners to examine the officer
and report upontheofficer’smentalorphysicalconditionorbothandmaydirect the officer to submit to the
examination.(4)If the commissioner believes on
reasonable grounds that a fireservice officer,
by reason of mental or physical infirmity, hasnot the capacity
or is unfit as prescribed by subsection (2), thecommissioner may call upon the officer to
retire within thetime specified by the commissioner.(5)Iftheofficerdoesnotretirewithinthetimespecified,thecommissioner may dismiss the officer.Current as at [Not applicable]Page
23
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 29]29RetrenchmentWhere the
commissioner is satisfied that—(a)theservicesofafireserviceofficercannolongerbegainfullyutilisedintheofficeheldbytheofficerbecause the
office has become redundant; and(b)it
is not practicable to retrain or redeploy the officer; and(c)the redundancy arrangements approved
by the Governorin Council have been complied with in
relation to theofficer;the commissioner
may terminate the services of the officer bywayofretrenchmentinaccordancewiththoseredundancyarrangements.29ASurrender of equipment(1)Aperson,uponceasingtobeafireserviceofficer,mustsurrender 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)Ajustice,actinguponthecomplaintofthecommissioner,mayissueawarrantauthorisinganypersonnamedin,orbelongingtoaclassofpersonspecifiedin,thewarranttosearch for and seize anything not
surrendered in accordancewith subsection (1).(3)Apersonauthorisedtoexecuteawarrantmay,forthatpurpose—(a)enteranypremisesinwhichthepersonbelievesthething sought may be located;
and(b)break open anything the person
believes may contain thething sought.Note—The
content of this section was previously included in section
141.Page 24Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 29B]29BVacating premises(1)Aperson,uponceasingtobeafireserviceofficer,mustimmediately
vacate any premises the property of the State ortothepossessionofwhichtheStateisentitled,unlessthecommissioner otherwise orders.(2)Ifthepremisesarenotvacatedimmediatelyor,asthecasemay
be, within any period ordered by the commissioner, thecommissioner may give the person a notice to
quit.(3)If the premises are not vacated within
14 days after the noticeto quit is given, a magistrate, acting
upon the complaint of thecommissioner,mayissueawarrantauthorisingapoliceofficertoenterthepremisesandremoveallpersonsandpropertynotauthorisedbythecommissionertobeonthepremisesandtodeliverpossessionofthepremisestotheState.Note—The
content of this section was previously included in section
142.Division 3Disciplinary
actionSubdivision 1AInterpretation29CDefinitions for divisionIn this
division—prescribed employeemeans a
prescribed employee under thePublicServiceAct2008,section186A,otherthanafireservice
officer.relevant employeemeans—(a)a public service employee; or(b)a prescribed employee.Current as at [Not applicable]Page
25
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 29D]29DReferences to relevant employees(1)This section provides for the meaning
of particular terms usedin this division relating to a person
who is or was a relevantemployee.(2)A
reference to the person’s current or previous chief
executiveis a reference to—(a)for
a person who is or was a public service employee—thechiefexecutiveofthedepartmentinwhichtheperson is or was employed as a public
service employee;or(b)for a person who
is or was a prescribed employee—theperson’scurrentorpreviouschiefexecutiveunderthePublic Service Act 2008, section
186B(2).(3)A reference to a relevant disciplinary
law for the person is areference to any of the
following—(a)the Public Service Act 2008, chapter
6;(b)a law that is a relevant disciplinary
law for the personunder the Public Service Act 2008, section
186B(3).Note—Thelawsmentionedinthissubsectionalsoprovidefordisciplinaryaction against a
person who was, but is no longer, a relevant employee.(4)In subdivision 2—(a)areferencetoarelevantdisciplinarygroundfortheperson is a
reference to a disciplinary ground under arelevant
disciplinary law for the person; and(b)areferencetoadisciplinaryfindinginrelationtoarelevantdisciplinarygroundforthepersonisareference to a
finding that a relevant disciplinary groundfor the person
exists.Page 26Current as at
[Not applicable]
Subdivision 1Fire and
Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 30]Grounds and disciplinary actiongenerallyNotauthorised—indicativeonly30Grounds for disciplinary action(1)A fire service officer is liable to
disciplinary action upon anyofthefollowinggroundsshowntothesatisfactionofthecommissioner to exist—(a)incompetence or inefficiency in the
discharge of duties;(b)negligence,
carelessness or indolence in the discharge ofduties;(c)wilfulfailuretocomply,withoutreasonableexcuse,with
a provision of this Act or an obligation imposed onthe
officer under—(i)a code of practice; or(ii)a code of
conduct—(A)approved under thePublic Sector
Ethics Act1994; or(B)prescribedunderadirectiveofthecommission chief executive under
thePublicService Act
2008; or(iii)an
industrial instrument;(d)absence from
duty except—(i)upon leave duly granted; or(ii)with reasonable
cause;(e)wilful failure to comply with a lawful
direction of thecommissioner or another person having
authority overthe officer;(f)misconduct;(g)use,withoutreasonableexcuse,ofasubstancetoanextentadverselyaffectingcompetentperformanceofduties;Current as at
[Not applicable]Page 27
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 30](h)contraventionofarequirementofthecommissionerundersection 25B(1)or25C(1)by,inresponsetotherequirement—(i)failing to disclose a serious disciplinary
action; or(ii)giving false or
misleading information.(2)Adisciplinarygroundariseswhentheactoromissionconstituting the
ground is done or made.(3)Also, the
commissioner may—(a)discipline a fire service officer
under subdivision 2 as ifa ground mentioned in subsection (1)
exists; or(b)discipline a former fire service
officer under subdivision3 or 4 on the same grounds mentioned
in subsection (1).(4)Ifthecommissioneriscontemplatingtakingdisciplinaryaction against a
fire service officer on the ground of absencefrom duty, the
commissioner may—(a)appoint a medical practitioner to
examine the officer andtogivethechiefexecutiveawrittenreportabouttheofficer’s mental or physical condition, or
both; and(b)direct the officer to submit to the
medical examination.(5)In this
section—misconductmeans—(a)inappropriateorimproperconductinanofficialcapacity; or(b)inappropriate or improper conduct in a
private capacitythat reflects seriously and adversely on
QFES.Example of misconduct—victimisinganotherfireserviceofficerinthecourseoftheotherofficer’s
employment in QFESPage 28Current as at
[Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 30A]Notauthorised—indicativeonly30ADisciplinary action that may be taken
against a fireservice officer generally(1)Indisciplininga fireservice officer,thecommissionermaytaketheaction,orordertheactionbetaken,(disciplinaryaction)thatthecommissionerconsidersreasonableinthecircumstances.Examples of
disciplinary action—•dismissal•reductionofclassificationlevelandaconsequentialchangeofduties•transfer or redeployment to other fire
service employment•forfeiture or deferment of a
remuneration increment or increase•reduction of salary level•imposition of a monetary
penalty•if a penalty is imposed, a direction
that the amount of the penaltybe deducted from
the officer’s periodic salary payments•a
reprimand(2)Ifthedisciplinaryactionistakenfollowinganagreementundersection 30E(1)betweenthepreviouschiefexecutivementioned in the
section and the commissioner, the previouschiefexecutiveandthecommissionermustagreeonthedisciplinary action.(3)A monetary penalty can not be more
than the total of 2 of theofficer’s periodic salary
payments.(4)Also, an amount directed to be
deducted from any particularperiodic salary
payment of the officer—(a)must not be more
than half of the amount payable to orfor the officer
in relation to the payment; and(b)mustnotreducetheamountofsalarypayabletotheofficer in
relation to the period to less than—(i)iftheofficerhasadependant—theguaranteedminimum wage for
each week of the period; or(ii)otherwise—two-thirds of the guaranteed
minimumwage for each week of the period.Current as at [Not applicable]Page
29
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 30B](5)An
order under subsection (1) is binding on anyone affectedby
it.Note—See the
following provisions in relation to appeals against a decision
ofthe commissioner to take disciplinary action
against a person—(a)thePublic Service
Act 2008, sections 23 and 194;(b)thePublicServiceRegulation2008,sections 5and7andschedule 1, item
7.Subdivision 2Disciplinary
action against a fireservice officer who was a
relevantemployee30BApplication of sdiv 2(1)This
subdivision applies if—(a)apersonisarelevantemployeeandarelevantdisciplinary ground arises in relation to
the person; and(b)after the relevant disciplinary ground
arises, the personchangesemploymentfromemploymentasarelevantemployee to
employment under section 25.(2)However,thissubdivisiondoesnotapplyiftheperson’spreviouschiefexecutivehastaken,istaking,orintendstotake, disciplinary action against the person
under a relevantdisciplinarylawinrelationtotherelevantdisciplinaryground.(3)Forthissection,apersonchangesemploymentfromemploymentasarelevantemployeetoemploymentundersection 25 if—(a)theperson’semploymentundersection 25startsafterthe person’s
employment as a relevant employee ends;or(b)thepersonisemployedundersection 25followingtheperson’s transfer, redeployment or
secondment from thedepartment or the Queensland Ambulance
Service.Page 30Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 30D]30DAction previous chief executive may
take(1)The person’s previous chief executive
may make a disciplinaryfindingabouttherelevantdisciplinarygroundforthissubdivision.(2)Thepreviouschiefexecutivemaytakedisciplinaryactionabouttherelevantdisciplinarygroundasprovidedundersection 30E(1).(3)Despite subsection (1) and without limiting
or being limitedby any other power of delegation under any
Act, the previouschiefexecutivemaydelegatetothecommissionertheauthority under subsection (1) to make a
disciplinary findingabout the person.(4)The
previous chief executive may give to the commissioneranyinformationaboutthepersonorarelevantdisciplinarygroundrelatingtothepersontohelpthecommissionertoperform a function under section 30E(1) or
(2) in relation tothe person.30EAction commissioner may take(1)If—(a)theperson’spreviouschiefexecutivemakesadisciplinaryfindingabouttherelevantdisciplinaryground;
and(b)the previous chief executive and the
commissioner agreethat disciplinary action against the person
is reasonablein the circumstances;thecommissionermaytakedisciplinaryactionagainstthepersonundersection 30Aasifadisciplinarygroundundersection 30
exists.(2)If—(a)theperson’spreviouschiefexecutivedelegatestothecommissionertheauthorityundersection 30D(1)tomake
a disciplinary finding about the person; andCurrent as at
[Not applicable]Page 31
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 30F](b)the
commissioner makes a disciplinary finding about theperson;thecommissionermaytakedisciplinaryactionagainstthepersonundersection 30Awithouttheagreementoftheprevious chief executive.30FDeclaration if the commissioner is
also the previous chiefexecutive(1)This
section applies if, in relation to a person who is a fireserviceofficer,thecommissionerisalsothepreviouschiefexecutive under this subdivision.(2)This subdivision applies with
necessary changes to allow thecommissioner to
take disciplinary action against the person asprovided under
this subdivision.Subdivision 3Disciplinary
action against a formerfire service officer30GApplication of sdiv 3(1)This subdivision applies if—(a)a disciplinary ground arises in
relation to a fire serviceofficer (theformer fire
service officer); and(b)afterthedisciplinarygroundarises,theofficer’semployment as a
fire service officer ends for any reason.(2)However,thissubdivisiondoesnotapplyinrelationtoaperson who is a former fire service
officer if the commissioneris aware—(a)the person is a relevant employee;
and(b)theperson’scurrentorpreviouschiefexecutivehastaken,istaking,orintendstotakedisciplinaryactionagainst the person, under a relevant
disciplinary law, inrelation to the disciplinary
ground.Page 32Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 30H]30HAction commissioner may take(1)The commissioner may make a
disciplinary finding or take orcontinuetotakedisciplinaryactionagainsttheformerfireservice officer in relation to the
disciplinary ground.(2)The disciplinary
finding or disciplinary action must be madeor taken within
a period of 2 years after the end of the officer’semployment.(3)However,subsection
(2)doesnotstopdisciplinaryactionbeing taken following an appeal or
review.(4)Subsection (2) does not affect—(a)an investigation of a suspected
criminal offence; or(b)an investigation
of a matter for the purpose of notifyingtheCrimeandCorruptionCommissionofsuspectedcorruptconductundertheCrimeandCorruptionAct2001.(5)Indiscipliningtheformerfireserviceofficer,thecommissioner may make a disciplinary
declaration and maynot take any other disciplinary
action.(6)The commissioner may only make a
disciplinary declarationif the disciplinary action that would
have been taken againstthe officer if the officer’s
employment had not ended wouldhave
been—(a)dismissal; or(b)reduction of classification level.(7)The making of the disciplinary
declaration does not affect theway in which the
officer’s employment ended, or any benefits,rights or
liabilities arising because the employment ended.(8)In this section—disciplinary
declarationmeans a declaration of—(a)the
disciplinary finding against the former fire serviceofficer; andCurrent as at
[Not applicable]Page 33
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 30I](b)thedisciplinaryactionthatwouldhavebeentakenagainst the
officer if the officer’s employment had notended.Notauthorised—indicativeonlySubdivision 4Provisions about
information aboutdisciplinary action30IInformation about disciplinary action to be
given bycommissioner(1)This
section applies if—(a)arelevantofficialasksthecommissionerfordisciplinaryinformationthatthecommissionerhasabout a person who is or was a fire service
officer; and(b)the information is reasonably
necessary for the relevantofficial to make a decision
about—(i)anappointmentorcontinuedappointment,ortheemploymentorcontinuedemployment,oftheperson by the official; or(ii)adisciplinaryfinding,disciplinaryactionordisciplinary declaration the official
is consideringinrelationtothepersonunderarelevantdisciplinary
law.(2)Thecommissionermustgivethedisciplinaryinformationtotherelevantofficialunlessthecommissionerisreasonablysatisfiedthatgivingtheinformationmayprejudicetheinvestigationofasuspectedcontraventionofthelawinaparticular case.(3)In
this section—disciplinary information, about a
person, means informationabout the following made or taken
against the person underthis Act by commissioner—(a)a current investigation into whether
the person should bedisciplined;Page 34Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 30J](b)a finding that the person should be
disciplined;(c)possible disciplinary action under
consideration;(d)disciplinary action, including a
disciplinary declaration.relevant officialmeans—(a)the chief executive of a department;
or(b)thechiefexecutive(howeverdescribed)ofanentitywhose employees
are prescribed employees.30JInformation about
disciplinary action to be given tocommissioner(1)This
section applies if—(a)thecommissionerasksarelevantofficialfordisciplinary information the official
has about a personwho is or was a relevant employee;
and(b)theinformationisreasonablynecessaryforthecommissioner to
make a decision about—(i)theemploymentorcontinuedemploymentoftheperson under section 25; or(ii)adisciplinaryfinding,disciplinaryactionordisciplinarydeclarationthecommissionerisconsidering in relation to the person under
this Act.(2)The relevant official must give the
disciplinary information tothecommissionerunlesstheofficialisreasonablysatisfiedthat
giving the information may prejudice the investigation ofa
suspected contravention of the law in a particular case.(3)In this section—disciplinary
information, about a person, means informationabout the following made or taken against
the person under apublic sector disciplinary law by a relevant
official or anotherentity—(a)a
current investigation into whether the person should bedisciplined;Current as at
[Not applicable]Page 35
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 30K](b)a
finding that the person should be disciplined;(c)possible disciplinary action under
consideration;(d)disciplinary action, including a
disciplinary declaration.relevant officialmeans—(a)the chief executive of a department;
or(b)thechiefexecutive(howeverdescribed)ofanentitywhose employees
are prescribed employees.30KUse of particular
information about disciplinary actionobtained by
commissioner in another capacity(1)This
section applies if—(a)underthePublicServiceAct2008,thecommissionerhasorhasaccesstodisciplinaryinformationaboutaperson who is or was a public service
employee; and(b)theinformationisreasonablynecessaryforthecommissioner to
make a decision about—(i)theemploymentorcontinuedemploymentoftheperson under section 25; or(ii)adisciplinaryfinding,disciplinaryactionordisciplinarydeclarationthecommissionerisconsidering in relation to the person under
this Act.(2)Despite any other Act or law, the
commissioner may use thedisciplinaryinformationforthepurposeofmakingthedecision mentioned in subsection
(1)(b).(3)In this section—disciplinaryinformationmeansinformationaboutthefollowingmadeortakenagainstthepersonunderapublicsector
disciplinary law—(a)a current investigation into whether
the person should bedisciplined;(b)a
finding that the person should be disciplined;(c)possible disciplinary action under
consideration;Page 36Current as at
[Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 31](d)disciplinary action, including a
disciplinary declaration.Notauthorised—indicativeonlySubdivision 5Other provisions
about disciplinaryaction31Implementation of orderAnorderaboutdisciplinaryactionmustnotbeimplemented—(a)ifanappealaboutthedisciplinaryactionisstarted—until after the
determination or withdrawal of the appealor the appeal
lapses, whichever happens first; or(b)if
an appeal about the disciplinary action is not started—until the time for starting an appeal has
ended.32Suspension(1)Where—(a)itappearsonreasonablegroundstothecommissionerthat a fire
service officer is liable to disciplinary actionorissuspectedofinvolvementincircumstancessuchthat
the proper and efficient discharge of the functions ofQFES
might be prejudiced if the officer’s services arecontinued; or(b)anofficerischargedinQueenslandwithhavingcommitted an
indictable offence or is charged elsewherewith having
committed an offence which if it had beencommittedinQueenslandwouldbeanindictableoffence;the
officer may be suspended from duty by the commissioner.(2)A suspension may be lifted at any time
by the commissioner.(3)Anofficersuspendedfromdutyisnotentitledtoreceivesalaryforanyperiodduringwhichtheofficerdoesnotperformthatduty,unlessthecommissionerotherwisedetermines.Current as at
[Not applicable]Page 37
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 33](4)An
officer suspended from duty, who is not entitled to salaryfor
the period of suspension and who resumes duty upon theliftingofthesuspension,isentitledtoreceiveasumequivalent to the amount of salary
payable had the officer notbeen suspended
diminished by the amount of salary or fees (ifany)towhichtheofficerbecameentitledfromanyothersourceduringtheperiodofsuspension,unlessthecommissioner otherwise
determines.33Mode of dismissal or suspension(1)Dismissal or suspension must be
effected in accordance withthis Act and the
principles of natural justice.(2)Dismissalorsuspensioniseffectedbygivingtheofficerconcerned a
written notice signed by the commissioner.Part 4AEmergency Services AdvisoryCouncil34Establishment of councilThe Emergency
Services Advisory Council is established.35Functions of council(1)Thecouncil’sfunctionistoadvisetheMinisteraboutthefollowing matters—(a)the
extent to which current service delivery by QFES—(i)meets community needs; and(ii)contributes to
the achievement of the government’sdesired outcomes
for the community; and(iii)meetscommunityexpectationsabouttheuseoffire
as a means of hazard reduction and sustainableland management;
and(iv)impacts on the
environment;Page 38Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 36](b)preparingfor,andrespondingto,fireinruralareasincluding the operation of rural fire
brigades and the firefighting or fire prevention function
of emergency serviceunits;(c)firesafety,firepreventionandthereductionoffiredanger in rural
areas;(d)using fire as a means of sustainable
land management inrural areas;(e)the
functions, capacity and capability of the departmentin
supporting disaster mitigation and response activity;(f)anything else referred to it by the
Minister—(i)that is relevant to the functions of
QFES; or(ii)that relates to
activities carried out or funded by thedepartment.(2)ThecouncilalsohasthefunctionsgiventoitundertheAmbulance Service Act 1991and
any other Act.36Membership of council(1)The council consists of not more than
16 members appointedby the Governor in Council.(2)A member may be appointed at any
time.(3)Nomineesforappointmenttothecouncilmustbepersonswho the Minister
considers are competent to assist the councilto perform its
functions.37Chairperson of council(1)TheGovernorinCouncilistoappointamemberasthechairperson of the council.(2)The chairperson is to preside at all
council meetings at whichthe chairperson is present.Current as at [Not applicable]Page
39
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 38](3)Ifthechairpersonisnotpresentatacouncilmeeting,amember chosen by the members present
at the meeting is topreside.(4)If
appointed a member of the council, the following are noteligible to be appointed chairperson—(a)the commissioner;(b)thecommissioneroftheQueenslandAmbulanceService;(c)a
public service officer.38How appointments
made(1)Anappointmentundersection 36or37istobebygazettenotice.(2)The
appointment starts on the day the notice is published inthe
gazette or, if a later day is stated in the notice, the
laterday.(3)A
person’s appointment as chairperson may be combined withthe
person’s appointment as a member of the council.39Term of officeThe term of
office of a member is not to exceed 3 years.40Removal from office(1)The
Governor in Council may remove a member from officeat
any time.(2)The removal takes effect on notice of
the removal being givento the member by the Minister.(3)It is unnecessary for any reasons to
be given for the removal.Page 40Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 41]41QuorumA quorum for the
council is the number equal to one-half ofthe number of
its members for the time being, and if one-halfis not a whole
number, the next higher whole number.42Conduct of businessSubject to this
part, the council may conduct its meetings andother business
in the way it considers appropriate.43MinutesThe council must
keep minutes of its meetings.44Remuneration of membersAmemberisentitledtobepaidthefeesandallowancesdecided by the
Governor in Council.Part 6Powers of
authorised fireofficers52Authorised fire officers(1)The
commissioner may authorise a fire officer or fire officersbelongingtoaclassoffireofficerspecifiedbythecommissioner to exercise—(a)allthepowersconferredbythisActonanauthorisedfire officer;
or(b)any power or class of power conferred
by this Act on anauthorised fire officer.(2)AreferenceinthisActtoanauthorisedfireofficerisareference to—(a)the
commissioner; andCurrent as at [Not applicable]Page
41
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 53](b)a
fire officer authorised by the commissioner pursuant tothis
section.(3)Afireofficerauthorisedbythecommissionerimmediatelybeforethecommencementofthissectiontoexerciseanypower under this Act as an authorised fire
officer is taken, onand from the commencement, to be
authorised pursuant to thissection.53Powers of authorised officer in
dangerous situations(1)An authorised
fire officer may take any reasonable measure—(a)toprotectpersons,propertyortheenvironmentfromdangerorpotentialdangercausedbyafireorahazardous materials emergency;
or(b)to protect persons trapped in any
premises or otherwiseendangered.(2)Without limiting the measures that may be
taken for a purposedescribed in subsection (1), an authorised
fire officer may forthat purpose do any of the
following—(a)enter any premises;(b)open any receptacle, using such force
as is reasonablynecessary;(c)bring any apparatus or equipment onto
premises;(d)destroy,damage,removeorotherwisedealwithanyvegetationoranyothermaterialorsubstance,flammable or not
flammable;(e)destroy (wholly or in part) or damage
any premises orreceptacle;(f)shore up any building;(g)close any road or access, whether public or
private;(h)shut off the supply of water from any
main, pipe or othersourcetoobtainagreaterpressureorsupplyortakewater from any
source whether natural or artificial;Page 42Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 53](i)cause to be shut off or disconnected
the supply of gas,electricity or any other source of energy to
any premisesor area;(j)require any person who, in the opinion of
the authorisedfire officer, is—(i)the
occupier of premises, being the site of or nearto the site of
the danger; or(ii)inchargeofanythingthatisthesourceofthedanger or likely
(in the opinion of the officer) toincrease the
danger;totakeanyreasonablemeasureforthepurposeofassisting the officer to deal with the
danger or answeranyquestionorprovideanyinformationforthatpurpose;(k)requireanypersonnottoenterorremainwithinaspecified area around the site of the
danger;(l)removefromanyplaceapersonwhofailstocomplywith an order
given pursuant to paragraph (k) and usesuch force as is
reasonably necessary for that purpose;(m)if
unable to identify the person entitled to possession ofpropertyfoundatornearthesiteofthedanger,takepossession of the property and retain it for
safe custody.(3)The owner of any building shored up
pursuant to an exerciseof the power conferred by subsection
(2)(f) must pay to thecommissioner upon demand all
reasonable expenses therebyincurred and
those expenses may be recovered in a court ofcompetent
jurisdiction as a debt due to the State.(4)Alocalgovernment,otherauthorityorapersonsupplyingwater or any source of energy is not liable
for any interruptionof supply caused by the exercise of
the power conferred bysubsection (2)(h) or (i).Current as at [Not applicable]Page
43
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 54]54Disposal of property(1)Anypropertyretainedforsafecustodypursuanttosection53(2)(m) must,
as soon as is practicable, be delivered into thepossession of a person authorised by, or a
person belonging toaclassofpersonauthorisedby,thecommissionerforthepurposes of this section.(2)The authorised person—(a)must cause the property to be returned
to the person theauthorised person believes is entitled to
possession of it;or(b)ifunabletoformsuchabelief,mustdisposeoforotherwise deal with the property in
accordance with anycodeofpracticeoranydirectiongivenbythecommissioner.(3)Subject to subsection (4), any dealing with
property pursuanttosubsection (2)doesnotaffecttherightofanypersontorecoverthepropertybyactionfromanypersonwhohaspossession of it as a result of that
dealing.(4)An action referred to in subsection
(3) must be commencedwithin 6 months of the date on which
the property was dealtwith pursuant to subsection
(2).55Powers of authorised fire officer for
preventative orinvestigative purposes(1)At
any time an authorised fire officer may enter any premisesoropen(usingsuchforceasisreasonablynecessary)anyreceptacle for any of the following
purposes—(a)to prevent, or reduce the likelihood
of, the occurrence ofa fire or a hazardous materials
emergency;(b)toinvestigatewhetherornot firesafetymeasuresandfire
prevention measures, including the implementationof a
fire safety management plan as required under part9A,
have been taken or are being maintained;(c)toascertainthecauseofafireorhazardousmaterialsemergency;Page 44Current as at [Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 55]Notauthorised—indicativeonly(d)toascertainwhetheranyprovisionofthisActoranynotice,
notification, order (written or verbal) or permitgiven under this Act has been or is being
complied with;(e)to ascertain whether a power conferred
by this Act uponan authorised officer should be exercised,
or to exercisea power under this Act.(2)The
power of entry conferred by subsection (1) must not beexercised in respect of—(a)a
building that is a dwelling or such part of a building asis a
dwelling; or(b)a vehicle or vessel used as a
dwelling; or(c)a tent or other structure used as a
dwelling;unless the occupier has given approval to
enter or unless entryismadeduringorintheaftermathofafireorhazardousmaterialsemergencyoccurringatthedwelling,forthepurpose of
ascertaining its cause.(2A)However,subsection (2)(a)doesnotapplytoabudgetaccommodationbuildingiftheentryismadetoinvestigatewhethertheownerofthebuildingisimplementingafiresafety
management plan.(3)Anauthorisedfireofficerwhoenterspremisesunderthissection may—(a)forsubsection (1)(a)—burn,removeorotherwisedealwithanyvegetationorothermaterialorsubstancewhether
flammable or inflammable at the premises; or(b)for
subsection (1) generally—(i)search any part
of the premises; or(ii)inspect,
measure, test, photograph or film any partof the premises
or anything at the premises; or(iii)take
a thing, or a sample of or from a thing, at thepremises for
analysis or testing; or(iv)copy a document
at the premises; or(v)make inquiries or conduct surveys and
tests; orCurrent as at [Not applicable]Page
45
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 56](vi)takeintoorontothepremisesanypersons,equipment and
materials the authorised fire officerreasonablyrequiresforexercisingapowerunderthis
part.56Extent of power of entryThe
right of entry conferred by section 53(2)(a) or 55—(a)includes the right to enter all parts
of the premises forwhich the right is exercised; and(b)authorisesthepersonexercisingtherighttouseareasonable
degree of force to ensure the proper exerciseof the
right.56APower to seize evidence etc.Anauthorisedfireofficerwhoenterspremisesundersection 55 may
seize a thing at the premises if the authorisedfire officer
reasonably believes—(a)the thing is
evidence of an offence against this Act; or(b)the
thing has just been used in committing an offenceagainst this Act; or(c)theseizureisnecessarytopreventthethingbeinghidden, lost or destroyed; or(d)seizureofthethingisnecessaryforthepurposesmentioned in
section 55.56BPowers supporting seizure(1)Having seized a thing, an authorised
fire officer may—(a)move the thing from the premises where
it was seized(thepremises of
seizure); or(b)leavethethingatthepremisesofseizurebuttakereasonable
action to restrict access to it.Page 46Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 56C]Examples of restricting access to a
thing—•sealingathingandmarkingittoshowaccesstoitisrestricted•sealing the entrance to a room where the
seized thing issituated and marking it to show access to it
is restricted(2)If an authorised fire officer
restricts access to a seized thing, aperson must not
tamper, or attempt to tamper, with the thingorsomethingrestrictingaccesstothethingwithoutanauthorised fire officer’s approval.Maximum penalty—40 penalty units.(3)To enable a thing to be seized, an
authorised fire officer mayrequire the
person in control of it—(a)totakeittoastatedreasonableplacebyastatedreasonable time; and(b)if
necessary, to remain in control of it at the stated placefor
a reasonable time.(4)The requirement—(a)must
be made by notice in the approved form; or(b)if
for any reason it is not practicable to give the notice,maybemadeorallyandconfirmedbynoticeintheapproved form as soon as
practicable.(5)Thepersonmustcomplywiththerequirementunlesstheperson has a reasonable excuse for not
complying.Maximum penalty—40 penalty units.(6)Afurtherrequirementmaybemadeunderthissectioninrelation to the same thing if it is
necessary and reasonable tomake the further
requirement.56CReceipt for seized things(1)As soon as practicable after an
authorised fire officer seizes athing, the
authorised fire officer must give a receipt for it tothe
person from whom it was seized.Current as at
[Not applicable]Page 47
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 56D](2)However, if for any reason it is not
practicable to comply withsubsection (1),theauthorisedfireofficermustleavethereceipt in a conspicuous position and in a
reasonably secureway at the premises of seizure.(3)The receipt must describe generally
each thing seized and itscondition.(4)This
section does not apply to a thing if it is impracticable orwouldbeunreasonabletogivethereceiptrequiredbythesection (given
the thing’s nature, condition and value).56DForfeiture of seized things(1)A seized thing is forfeited to the
State if the authorised fireofficer who
seized the thing—(a)can not find its owner after making
reasonable inquiries;or(b)can
not return it to its owner, after making reasonableefforts.(2)Subsection (1)(a) does not require the
authorised fire officer tomake inquiries if it would be
unreasonable to make inquiriesto find the
owner, and subsection (1)(b) does not require theauthorisedfireofficertomakeeffortsifitwouldbeunreasonable to make efforts to return
the thing to its owner.(3)In deciding
whether and, if so, what inquiries and efforts arereasonable about a thing, regard mustbehadtothething’snature,
condition and value.56EReturn of seized things(1)Ifaseizedthinghasnotbeenforfeited,theauthorisedfireofficer must return it to its owner at the
end of—(a)6 months; or(b)ifaproceedingforanoffenceinvolvingitisstartedwithin 6 months—the proceeding and any
appeal fromthe proceeding.Page 48Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 56F](2)Despite subsection (1), unless the
thing has been forfeited, theauthorised fire
officer must immediately return a thing seizedasevidencetoitsowneriftheauthorisedfireofficerstopsbeingsatisfieditscontinuedretentionasevidenceisnecessary.56FAccess to seized things(1)Until a seized thing is forfeited or
returned, an authorised fireofficermustallowitsownertoinspectitand,ifitisadocument, to copy it.(2)Subsection (1) does not apply if it is
impracticable or wouldbe unreasonable to allow the
inspection or copying.57Power to require
name and address(1)This section applies if an authorised
fire officer—(a)finds a person committing an offence
against this Act; or(b)finds a person
in circumstances that lead the officer toreasonablysuspectthepersonhasjustcommittedanoffence against this Act; or(c)hasinformationthatleadstheofficertoreasonablysuspect a person
has committed an offence against thisAct.(2)The authorised fire officer may
require the person to state theperson’s name
and residential address.(3)When making the
requirement, the authorised fire officer mustwarn the person
it is an offence to fail to state the person’snameorresidentialaddress,unlessthepersonhasareasonable excuse.(4)Theauthorisedfireofficermayrequirethepersontogiveevidence of the
correctness of the stated name or address if theauthorised fire officer reasonably suspects
the stated name oraddress is false.Current as at
[Not applicable]Page 49
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 58A](5)Apersonmustcomplywitharequirementundersubsection (2)or(4),unlessthepersonhasareasonableexcuse.Maximum penalty—10 penalty units.(6)The person does not commit an offence
against subsection (5)if—(a)the
person was required to state the person’s name andaddress by an authorised fire officer who
suspected theperson had just committed an offence against
this Act;and(b)the person is
not proved to have committed the offence.58AReasonable assistance to be provided(1)An authorised fire officer who enters
any premises under thispart may require any person having
responsibilities in relationto the premises
(whether as owner or occupier of the premisesorasapersonemployedtoworkthereonorotherwise)toprovidetheofficerwithsuchfacilitiesandassistancewithrespecttomattersorthingstowhichtheperson’sresponsibilities
extend as are reasonably necessary to enabletheofficertoexercisethepowersconferredupontheauthorised officer by this Act.(2)A person who is required to provide
facilities and assistanceto an authorised fire officer under
subsection (1) must complywiththerequirementunlessthepersonhasareasonableexcuse.Maximum penalty—10 penalty units.(3)It is not a reasonable excuse for the
person to fail to complywiththerequirementthatcomplyingwithitmighttendtoincriminate the person.(4)However, if—(a)the
person is an individual; and(b)therequirementistogiveinformationorproduceadocument;Page 50Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 58B]evidence of, or evidence directly or
indirectly derived from,theinformationordocumentthatmighttendtoincriminatethe person is
not admissible in evidence against the person ina
civil or criminal proceeding, other than a proceeding for anoffenceaboutthefalsityormisleadingnatureoftheinformation or
document.(5)If a person is convicted of an offence
against subsection (2),the court may, as well as imposing a
penalty for the offence,order the person to comply with the
requirement.58BPower to inquire into fire or
hazardous materialsemergency(1)This
section—(a)applies if an authorised fire officer
becomes aware, orreasonably suspects, that a fire or
hazardous materialsemergency (theemergency)
has happened; and(b)applies for section 55 and for this
Act generally.(2)The authorised fire officer may
inquire into the circumstancesand probable
causes of the emergency.(3)Theauthorisedfireofficermayrequireapersonwhohasknowledge,orwhomtheauthorisedfireofficerreasonablysuspectstohaveknowledge,ofthecircumstancesoftheemergency to give the authorised fire
officer reasonable help,as stated in the requirement, to
inquire under subsection (2).(4)A
requirement under subsection (3) may be given orally or inwriting.(5)Apersonmustcomplywitharequirementundersubsection (3) unless the person has a
reasonable excuse fornot complying.Maximum
penalty—10 penalty units.(6)If the
requirement is to be complied with by a person who isanindividualgivinginformationorproducingadocument,other than a
document required to be kept by the person underthisAct,itisareasonableexcuseforthepersontofailtoCurrent as at [Not applicable]Page
51
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 58C]complywiththerequirementifcomplyingwiththerequirement might tend to incriminate
the person.Notauthorised—indicativeonly58CPower to require
production of certain documents(1)Anauthorisedfireofficermayrequireapersontomakeavailableforinspectionbyanauthorisedfireofficer,orproducetotheauthorisedfireofficerforinspection,atareasonabletimeandplacestatedbytheauthorisedfireofficer—(a)adocumentissuedtothepersonunderthisActorrequired to be
kept by the person under this Act; or(b)adocumentabouttheperson’sobligationsunderthisAct for fire
safety, including about the maintenance offire
safetyinstallationsinabuildingorthefiresafetysystems for a building.(2)Thepersonmustcomplywitharequirementundersubsection (1), unless the person has a
reasonable excuse fornot complying.Maximum
penalty—10 penalty units.(3)If the person is
an individual, it is a reasonable excuse for thepersonnottocomplywiththerequirementundersubsection (1) if complying with the
requirement might tendto incriminate the person.(4)The authorised fire officer may keep
the document to copy it.(5)If the
authorised fire officer copies the document, or an entryin
the document, the authorised fire officer may require thepersonresponsibleforkeepingthedocumenttocertifythecopy
as a true copy of the document or entry.(6)Thepersonresponsibleforkeepingthedocumentmustcomplywiththerequirement,unlessthepersonhasareasonable excuse for not
complying.Maximum penalty—20 penalty units.(7)Theauthorisedfireofficermustreturnthedocumenttotheperson as soon as practicable after
copying it.Page 52Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 58D]58DPower to require information about
identity of occupier(1)This section
applies if a person alleges to an authorised fireofficer,oranauthorisedfireofficerreasonablysuspects,acontravention of this Act or
theBuilding Act 1975, chapter
7or 7A has been committed in relation to
premises.(2)An authorised fire officer may require
any of the followingpersons to give the authorised fire
officer information that willidentify or help
identify an occupier of the premises—(a)a
government entity;(b)an occupier of the premises;(c)a person who may reasonably be
expected to give theinformation.(3)A
person must comply with a requirement under subsection(2),unlessthepersonhasareasonableexcusefornotcomplying.Maximum
penalty—20 penalty units.(4)If the person is
an individual, it is a reasonable excuse for theperson not to comply with a requirement
under subsection (2)if complying with the requirement
might tend to incriminatethe person.59Person acting at direction of authorised
fire officerAny power conferred upon an authorised fire
officer may beexercisedbyanypersonactingatthedirectionofanauthorised fire
officer and any power so exercised is taken tohave been
exercised by an authorised fire officer.60Directions concerning exercise of
powersThe exercise of a power conferred by or
under this part on anauthorisedfireofficeroranyotherpersonmustbeinaccordance with any direction given by
the commissioner andwith any code of practice.Current as at [Not applicable]Page
53
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 60A]60ADecontamination(1)An
authorised fire officer may ask a person the authorised fireofficer is satisfied may be, is, or may have
been affected by achemical substance, to agree to undergo
decontamination.(2)The person may agree or refuse to
agree to the request.(3)If the person
agrees, it is lawful for the authorised fire officertotakethestepstheauthorisedfireofficerconsidersreasonably necessary to decontaminate the
person, including,for example, asking the person to stay where
the person is orto move to a stated place for the
purpose.(4)The authorised fire officer may not
direct another person toperform the decontamination.(5)In this section—decontaminate,inrelationtoachemicalsubstance,meansmake
the chemical substance harmless.Part 6APowers of investigation officersDivision 1Investigation
officers60BAppointment(1)The
commissioner may appoint any of the following personsas
an investigation officer—(a)a public service
employee;(b)a fire service officer;(c)a person prescribed under a
regulation.(2)However,thecommissionermayappointapersonasaninvestigation officer only if the
commissioner is satisfied theperson is
qualified for appointment because the person has thenecessary expertise or experience.Page
54Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 60C]60CAppointment conditions and limit on
powers(1)An investigation officer holds office
on any conditions statedin—(a)the
officer’s instrument of appointment; or(b)a
signed notice given to the officer; or(c)a
regulation.(2)The instrument of appointment, a
signed notice given to theinvestigationofficeroraregulationmaylimittheofficer’spowers under
this Act.(3)In this section—signed
noticemeans a notice signed by the
commissioner.60DWhen investigation officer ceases to
hold office(1)Aninvestigationofficerceasestoholdofficeifanyofthefollowing happens—(a)the
term of office stated in a condition of office ends;(b)under another condition of office, the
officer ceases tohold office.(2)Subsection (1) does not limit the ways an
investigation officermay cease to hold office.(3)In this section—conditionofofficemeansaconditiononwhichtheinvestigation officer holds office.60EFunctions of investigation
officersAninvestigationofficerhasthefunctionofinvestigatingoffences against
this part and section 150B.60FIssue of identity
card(1)Thecommissionermustissueanidentitycardtoeachinvestigation
officer.Current as at [Not applicable]Page
55
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 60G](2)The
identity card must—(a)contain a recent photo of the
investigation officer; and(b)contain a copy
of the investigation officer’s signature;and(c)identify the person as an
investigation officer under thisAct; and(d)state an expiry date for the
card.(3)Thissectiondoesnotpreventtheissueofasingleidentitycard
to a person for this Act and other purposes.60GProduction or display of identity
card(1)In exercising a power under this part
in relation to a person, aninvestigation
officer must—(a)producetheofficer’sidentitycardfortheperson’sinspection
before exercising the power; or(b)have
the identity card displayed so it is clearly visible tothe
person when exercising the power.(2)However, if it is not practicable to comply
with subsection (1),the investigation officer must produce
the identity card for theperson’s inspection at the first
reasonable opportunity.(3)For subsection
(1), an investigation officer does not exercise apowerinrelationtoapersononlybecausetheofficerhasentered a place as mentioned in section
60I(1)(b) or (2).60HReturn of identity cardA
person who ceases to be an investigation officer must returnthe
person’s identity card to the commissioner within 21 daysafter ceasing to be an investigation officer
unless the personhas a reasonable excuse.Maximum
penalty—10 penalty units.Page 56Current as at
[Not applicable]
Division 2Fire and
Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 60I]Powers of investigation officersNotauthorised—indicativeonly60IPower to enter places(1)An investigation officer may enter a
place if—(a)an occupier of the place consents to
the entry; or(b)it is a public place and the entry is
made when it is opento the public.(2)For
the purpose of asking the occupier of a place for consentto
enter, an investigation officer may, without the occupier’sconsent or a warrant—(a)enter land around premises at the place to
an extent thatis reasonable to contact the occupier;
or(b)enter part of the place the officer
reasonably considersmembersofthepublicordinarilyareallowedtoenterwhen they wish
to contact the occupier.(3)In this
section—public placemeans—(a)a place to which members of the public
have access asof right, whether or not on payment of a fee
and whetheror not access to the place may be restricted
at particulartimes or for particular purposes; or(b)a part of a place that the occupier of
the place allowsmembers of the public to enter, but only
while the placeis ordinarily open to members of the
public.60JEntry with consent(1)This
section applies if an investigation officer intends to askanoccupierofaplacetoconsenttotheofficeroranotherinvestigation
officer entering the place.(2)Before asking for the consent, the
investigation officer musttell the occupier—(a)the
purpose of the entry; andCurrent as at [Not applicable]Page
57
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 60K](b)that
the occupier is not required to consent.(3)If
the consent is given, the investigation officer may ask theoccupier to sign an acknowledgement of the
consent.(4)The acknowledgement must state—(a)the occupier has been told—(i)the purpose of the entry; and(ii)that the
occupier is not required to consent; and(b)the
purpose of the entry; and(c)theoccupiergivestheinvestigationofficerconsenttoenter the place and exercise powers under
this part; and(d)the time and date the consent was
given.(5)If the occupier signs an
acknowledgement, the investigationofficer must
immediately give a copy to the occupier.(6)If—(a)anissuearisesinaproceedingaboutwhethertheoccupier consented to the entry; and(b)an acknowledgement complying with
subsection (4) forthe entry is not produced in
evidence;the onus of proof is on the person relying
on the lawfulness ofthe entry to prove the occupier
consented.60KGeneral powers after entering
places(1)This section applies to an
investigation officer who enters aplace.(2)However, if an investigation officer
enters a place to get theoccupier’s consent to enter a place,
this section applies to theofficer only if
the consent is given or the entry is otherwiseauthorised.(3)Formonitoringandenforcingcompliancewiththispartorsection 150B, the investigation
officer may—Page 58Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 60L](a)copy a document at the place or take
the document toanother place to copy it; or(b)requireapersonattheplace,togivetheofficerreasonable help
to exercise the officer’s powers underparagraph (a);
or(c)require a person at the place, to
answer questions by theofficer to help the officer ascertain
whether the person,oranotherpersonattheplace,committedanoffenceagainst this
Act.(4)Whenmakingarequirementmentionedinsubsection (3)(b)or (c), the
investigation officer must warn the person it is anoffencetofailtocomplywiththerequirement,unlesstheperson has a reasonable excuse.(5)If an investigation officer takes a
document from a place tocopy it, the document must be copied
as soon as practicableand returned to the place.(6)To remove any doubt, it is declared
that this section applies toan investigation
officer who is also an authorised fire officerand enters a
place for the purpose of exercising a power underpart
6.(7)Also,thepowersaninvestigationofficermentionedinsubsection (6) has under this section are in
addition to, and donot limit, any powers the officer may have
under part 6.60LFailure to help investigation
officer(1)Apersonrequiredtogivereasonablehelpundersection
60K(3)(b) must comply with the requirement, unlessthe
person has a reasonable excuse.Maximum
penalty—10 penalty units.(2)It is a
reasonable excuse for the person not to comply with therequirementbecausecomplyingwiththerequirementmighttend
to incriminate the person.Current as at [Not applicable]Page
59
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 60M]60MFailure to answer questions(1)Apersonofwhomarequirementismadeundersection 60K(3)(c)must,unlessthepersonhasareasonableexcuse, comply
with the requirement.Maximum penalty—10 penalty
units.(2)It is a reasonable excuse for the
person to fail to comply withtherequirementthatcomplyingwiththerequirementmighttend
to incriminate the person.60NPower to require
name and address(1)This section applies if an
investigation officer—(a)finds a person
committing an offence against this part orsection 150B;
or(b)finds a person in circumstances that
lead the officer toreasonablysuspectthepersonhasjustcommittedanoffence against this part or section
150B; or(c)hasinformationthatleadstheofficertoreasonablysuspect a person
has committed an offence against thispart or section
150B.(2)The investigation officer may require
the person to state theperson’s name and residential
address.(3)When making the requirement, the
investigation officer mustwarn the person it is an offence to
fail to state the person’snameorresidentialaddress,unlessthepersonhasareasonable excuse.(4)The
investigation officer may require the person to give theofficerevidenceofthecorrectnessofthestatednameorresidential address if the officer
reasonably suspects the statedname or address
to be false.Page 60Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 60O]60OFailure to give name or address(1)Apersonofwhomapersonaldetailsrequirementismademustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Maximum
penalty—10 penalty units.(2)A person does
not commit an offence against subsection (1)if—(a)the person was required to state the
person’s name andresidentialaddressbyaninvestigationofficerwhosuspected the person had committed an
offence againstthis Act; and(b)the
person is not proved to have committed the offenceagainst this Act.(3)In
this section—personaldetailsrequirementmeansarequirementundersection 60N(2) or (4).60PFalse
or misleading statementsA person must not state anything to an
investigation officerthepersonknowsisfalseormisleadinginamaterialparticular.Maximum
penalty—10 penalty units.60QFalse or
misleading documents(1)A person must
not give an investigation officer a documentcontaininginformationthepersonknowsisfalseormisleading in a material particular.Maximum penalty—10 penalty units.(2)Subsection (1) does not apply to a
person if the person, whengiving the document—(a)tells the investigation officer, to
the best of the person’sability, how it is false or
misleading; andCurrent as at [Not applicable]Page
61
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 61](b)if the person has, or can reasonably
obtain, the correctinformation—gives the correct
information.Notauthorised—indicativeonlyPart 7Control and
prevention of firesDivision 1Powers of
commissioner relating tofires61Interpretation and application of
division(1)For the purposes of this division a
person is taken to light afire if the person—(a)lights, maintains or uses the fire;
or(b)aids, procures or counsels another to
light, maintain oruse the fire; or(c)being the owner or occupier of the land on
which the fireis lit—permits another to light, maintain or
use the fire.(2)This division does not apply in
respect of the lighting of a fireinside any
building in circumstances that prevent the escapefrom
the building of fire or any material or substance that islikely to cause fire.(3)In
this division—licence areasee theForestry Act 1959, schedule
3.occupieroflandincludes,ifthereisnopersoninactualoccupation of
the land—(a)thepersonchargedbytheownerorbylawwiththemanagement of the land; and(b)if the land is a licence area—(i)if there is a plantation sublicensee
for the licencearea—the plantation sublicensee; or(ii)otherwise—the
plantation licensee.plantation licenseesee
theForestry Act 1959, schedule
3.Page 62Current as at
[Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 62]plantation officersee theForestry Act 1959, schedule
3.plantation operatorsee theForestry Act 1959, schedule
3.plantation sublicenseesee theForestry Act 1959, schedule
3.Notauthorised—indicativeonly62Offence to light unauthorised
fireApersonwholightsafirethatisnotauthorisedbythisdivision or by
any notification, notice or permit given underthis division
commits an offence against this Act.Maximumpenalty—50penaltyunitsor6monthsimprisonment.63Authorisation of fires by
commissionerThecommissionermay,bynotificationpublishedinthegazette,authorisethelightingoffiresforpurposesandincircumstances specified in the
notification.64Prohibition by commissioner against
lighting of fires(1)Notwithstanding any notification under
section 63 authorisingthe lighting of fires the commissioner
may, by giving a noticeto the occupier of land, prohibit the
lighting on the land of allfiresorallfiresotherthanthoselitforapurposeorincircumstances
specified in the notice.(2)Thecommissionermustconsideranyrequestmadebyanoccupieroflandthatanoticebegiventotheoccupierofadjoininglandprohibitingthelightingoffiresontheadjoining land unless the commissioner
believes the request isfrivolous or vexatious.(3)In this section—occupier of
adjoining landmeans 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 existenceof a watercourse, road or firebreak, that is
10m or less inCurrent as at [Not applicable]Page
63
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 65]widthor,althoughwiderthan10m,isnotclearofvegetation or other flammable material
for at least 10min every direction.65Granting of permits(1)A
person may apply to the commissioner (orally or in writing)for
a permit to light a fire on any land.(2)The
commissioner may grant or refuse to grant an application.(3)Subjecttosubsection (4),thecommissionermustrefusetogrant a permit to light a fire on any land
unless satisfied—(a)thatreasonablestepshavebeentakentonotifyeveryoccupierofadjoiningland(withinthemeaningofsection 64) of the making of the
application; and(b)thatareasonableopportunityhasbeengiventoeveryoccupier so
notified to object (orally or in writing) to thegranting of the permit.(4)Thecommissionermaygrantapermitwithoutcomplyingwithsubsection (3)ifsatisfiedthatextraordinarycircumstances
exist for so doing.66Fires in State forests etc.(1)The provisions of this division do not
apply to the lighting of afire—(a)in a
protected area by a person acting in the performanceof
duties under theNature Conservation Act 1992;
or(b)inaStateforest,timberreserveorforestentitlementareabyapersonactingintheperformanceofdutiesunder theForestry Act 1959.(2)The commissioner must not authorise
the lighting of fires—(a)inaprotectedareawithouttheapprovalofthechiefexecutiveofthedepartmentthatdealswithmattersarising under
theNature Conservation Act 1992;
orPage 64Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 67](b)inaStateforest(otherthanalicencearea),timberreserve or
forest entitlement area without the approvalof the chief
executive of the department that deals withmatters arising
under theForestry Act 1959.(3)For subsection (1)(b), a person acting
in the performance ofduties under theForestry Act
1959does not include—(a)a
plantation operator; or(b)a plantation
officer.67Occupier to extinguish fireWhere a fire is burning on any land and the
lighting of the fireisnotauthorisedbyorunderthisoranyotherAct,theoccupieroftheland,immediatelyuponbecomingawareofthe fire (regardless of who lit
it)—(a)must take all reasonable steps to
extinguish or controlthe fire; and(b)must, as soon as is practicable, report the
existence andlocation of the fire to a fire officer, an
officer of a ruralfire brigade, a member of an emergency
service unit, achief fire warden or fire warden, a forest
officer (withinthe meaning of theForestry Act
1959), a conservationofficer within
the meaning of theNature ConservationAct 1992or a
police officer.Maximumpenalty—50penaltyunitsor6monthsimprisonment.68Powers of occupier of entry etc.(1)Subject to subsections (2) and (3), an
occupier of land, whobelieves on reasonable grounds that a
grass fire (that is, a firethatpredominantlyconsumesvegetation)burningwithin1.6kmofthatlandconstitutesafirerisktothatlandmay,together with
persons acting at the direction of the occupier—Current as at [Not applicable]Page
65
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 68](a)enter the land on which the fire is burning
and any otherland in order to gain access to the land on
which the fireis burning; and(b)takeontothatlandequipmentforextinguishingorcontrolling the fire; and(c)take all reasonable measures to
extinguish or control thefire.(2)An
occupier of land must not do or direct the doing of any actreferred to in subsection (1) if prior
notice (oral or written) ofthe intention to
light the fire has been given to the occupier bythepersonlightingitorbyaprescribedpersonunlesstheoccupier believes on reasonable grounds that
the fire has beenunlawfully lit or is out of control.(3)If it is practicable to contact a
prescribed person, an occupierof land—(a)must not do or direct the doing of any
act referred to insubsection (1)unlesstheprescribedpersonhasbeennotified of the
situation; and(b)must comply with any direction given
by the prescribedperson in respect of the doing of any
act.(4)If the occupier of land, or an
employee, agent or contractor oftheoccupierofland,isalsoaprescribedperson,thereferences to a prescribed person in
subsections (2) and (3) donotincludetheoccupierofland,oranemployee,agentorcontractor of the occupier of
land.(5)In this section—prescribed
personmeans a fire officer, an officer of a
ruralfirebrigade,afirecoordinator,achieffirewardenorfirewarden, a forest
officer (within the meaning of theForestryAct1959), a
conservation officer within the meaning of theNature
Conservation Act 1992or a police officer.Page
66Current as at [Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 69]Notauthorised—indicativeonly69Requisition by commissioner to reduce
fire risk(1)The commissioner may require any
occupier of premises totake measures for the purpose of
reducing the risk of a fireoccurringonthepremisesorreducingpotentialdangertopersons,propertyortheenvironmentintheeventofafireoccurring on the
premises.(2)A requisition may be given—(a)in a particular case—by giving a
notice to the occupierconcerned; or(b)bynotificationpublishedinthegazetteinwhichcaseeach
occupier of land to whom the notification appliesmust
comply with the requisition.(3)A
person to whom a requisition is given must comply with therequisition.Maximumpenalty—50penaltyunitsor6monthsimprisonment.Note—This
provision is an executive liability provision—see section
151.(4)Withoutlimitingthemeasuresthatmayberequiredtobetaken,anoccupiermayberequiredtodoanyofthefollowing—(a)makeandmaintainfirebreaksinaccordancewithanydirections contained in the
notification or notice;(b)remove,disposeoforotherwisedealwithanyvegetationorotherflammablematerialinaccordancewithanydirectionscontainedinthenotificationornotice;(c)obtain equipment and keep it available for
use for firefighting purposes;(d)take
measures to ensure an adequate supply of water orany
other substance for fire fighting purposes;(e)ensure that the means of escape from the
premises in theeventoffirecanbesafelyandeffectivelyusedatallmaterial
times;Current as at [Not applicable]Page
67
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 69]Notauthorised—indicativeonly(f)suspendsuchoperationsasmaybespecifiedfortheperiod
specified.(5)A notice under subsection (2)(a) must
comply with the QCATAct, section 157(2).(6)Whereanoccupierofpremisesfailstocomplywithanotificationornoticeanauthorisedfireofficerandanyassistant may enter the premises and
take any of the measuresdirectedbythenotificationornoticetobetakenandanyexpenses incurred in taking those
measures may be recoveredby the commissioner in a court of
competent jurisdiction fromthe
occupier.(7)Anauthorisedfireofficeroranassistantwhotakesthemeasure of removing vegetation or other
flammable materialfrom premises, may take possession of and
retain the materialuntil it is disposed of pursuant to
subsection (8) or until theperson entitled
to possession of it is determined.(8)Wherethecommissionerissatisfiedthatanythingretainedpursuant to subsection (7) is the property
of the occupier whofailedtocomplywiththenotificationornoticethecommissioner may sell or otherwise dispose
of the materialandtheproceedsofthedisposalmaybeappliedbythecommissionerinpaymentofexpensesincurredinconsequence of the failure to
comply.(9)Where the proceeds of the disposal of
any material—(a)areinsufficienttocovertheexpensesincurred—theamountoftheexpensesthatmayberecoveredundersubsection (6) must be reduced by the amount
of thoseproceeds;(b)exceedtheexpensesincurred—theproceedsofthedisposal must be
applied in the following order—(i)ifthereisanamountowingtoanentityunderasecurityinterestregisteredagainstthepropertyunderthePersonalPropertySecuritiesAct2009(Cwlth)—in
payment of the amount owing underthe security
interest;Page 68Current as at
[Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 70](ii)inpaymentofanybalancetothepersonwhoseproperty the commissioner believes the
material tohave been.Notauthorised—indicativeonly70Restriction on sale of notified
articlesThecommissionermay,bynotificationpublishedinthegazette,
prohibit or regulate the sale, use or possession of anyarticleorsubstancethatthecommissionerbelievesmayconstitute a fire risk.71Notifications, notices and
permits(1)Anynotificationpublishedinthegazettepursuanttothisdivision—(a)may be expressed so as to have effect
either generallythroughout the State or in part of the State
only;(b)may be expressed so as to apply
differently in differentcircumstances;(c)may,
where it authorises or requires the doing of any act,specify conditions to be observed in respect
of the doingof the act;(d)may
be expressed so as to be of unlimited duration or soastohaveeffectforaspecifiedperiodoruntiltheoccurrence of a specified event;(e)maybeamendedorrevokedatanytimebythecommissioner by notification published
in the gazette.(2)Any permit granted or notice given
pursuant to this division toa person—(a)may, where it authorises or requires
the doing of any act,specify conditions to be observed in
respect of the doingof the act;(b)may
be expressed so as to be of unlimited duration or soastohaveeffectforaspecifiedperiodoruntiltheoccurrence of a specified event;Current as at [Not applicable]Page
69
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 72](c)maybeamendedorrevokedatanytimebythecommissionerbygivinganoticetothateffecttothatperson.Notauthorised—indicativeonly72Offences re
lighting fires(1)A person commits an offence against
this Act if the persondoes or, as the case may be, fails to
do any of the followingacts—(a)failstocomplywithanyconditionordirectioncontained in a
notification, notice or permit given underthis division in
respect of the lighting of any fire;(b)leaves unattended or fails to take
reasonable measures toextinguish a fire in such
circumstances as to cause or belikelytocausedangerfromfiretoanypersonorproperty or to the environment;(c)notactinginaccordancewithanotification,noticeorpermitgivenunderthisdivision,discards,propelsorplacesanyburningarticleorsubstance(oranythingotherwise
capable of causing fire)—(i)thereby causing
a fire that endangers or is likely toendangeranypersonorpropertyortheenvironment; or(ii)in
such circumstances as to be likely to cause a firethatwouldbelikelytoendangeranypersonorproperty or the environment;(d)wilfullyandunlawfullydestroys,damages,removes,covers or otherwise interferes with a notice
relating tothe lighting of fires displayed by the
commissioner or bya rural fire brigade for the purposes of
this Act;(e)knowingly provides any false or
misleading informationinrespectofanapplicationforapermitundersection 65;(f)withouttheconsentofthecommissioner,altersanyparticular shown in a permit granted
under section 65.Page 70Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 73]Maximum penalty—(a)iftheoffenceiscommittedduringastateoffireemergencyataplacetowhichthedeclarationofemergencyapplies—250penaltyunitsor1year’simprisonment;
or(b)otherwise—50 penalty units or 6 months
imprisonment.(2)In subsection (1)—propertydoesnotincludepropertyofthepersonallegedtohave
committed the offence in question.73Liability of person for fire lit by agent or
employee(1)Notwithstanding the Criminal Code,
sections 7 and 23 whereany person commits an offence against
this division in respectof the lighting of a fire as an agent
or employee, the principaloremployerofthatpersonistakentohavecommittedtheoffence and may be prosecuted and
punished for the offenceunlessitisprovedthattheagentoremployeewasactingcontrarytoinstructionsandthattheprincipaloremployercould not have
prevented the commission of the offence byexercising
reasonable supervision.(2)Subsection
(1)applieswithoutprejudicinganyliabilityimposedunderthisdivisionuponthepersonbywhomanoffence is actually committed.74Liability for damage caused by certain
fires(1)A person who lights a fire—(a)authorisedtobelitbynotificationgivenundersection 63 or by
a permit granted under section 65; or(b)inordertocomplywithanotificationornoticegivenunder section 69;and who, in
lighting the fire, complies with any condition ordirectioncontainedinthenotification,noticeorpermitanddoes
not contravene any provision of this Act does not incurany
liability at common law for any loss, injury or damageCurrent as at [Not applicable]Page
71
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 75]causedbythefireunlessitisshownthatthepersonactedrecklessly or maliciously caused the loss,
injury or damage.(2)Subsection (1)appliesonlyinrespectofafirelitforthepurposeoforlikelytohavetheeffectofburningoffvegetation.Division 2Fire
wardens75Chief fire wardens and fire
wardens(1)Such number of chief fire wardens and
fire wardens may beappointed as the commissioner thinks
necessary or expedientfor the purposes of this Act.(2)Subjecttosubsection (3),appointmentsmustbemadeinwriting by the commissioner.(3)Wheretheappointeeisapublicserviceofficerorapoliceofficer,theappointmentmustbemadebytheGovernorinCouncil by notification published in the
gazette—(a)specifying the name of the appointee;
or(b)specifying that the appointment is
made to the holder ofaspecifiedofficeinwhichcaseeachpersonwho,forany
period, holds or performs the duties of that office is,for
that period, a chief fire warden or, as the case maybe,
a fire warden.(4)A person may hold an office under this
section in conjunctionwithanyofficeheldwithQFES,thepublicserviceorthepolice
service.(5)The commissioner may, by giving a
notice to an appointee,cancel the appointment, whether the
appointment was madeby the commissioner or the Governor in
Council.(6)The Governor in Council may, by
notification published in thegazette,amendorrescindanynotificationmadeundersubsection
(3)(b).Page 72Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 76]76Powers and functions(1)The powers of a chief fire warden or
fire warden are the sameas those of an authorised fire officer
subject to any limitationimposed by the commissioner.(2)Thecommissionermaydirectachieffirewardenorafirewarden to
discharge functions in addition to those imposed bythis
Act.(3)In exercising a power or discharging a
function a chief firewarden or fire warden must comply with
any code of practiceand with any direction of the
commissioner.77ExpensesAchieffirewardenorafirewardenmaybepaidsuchexpenses as are
approved by the Governor in Council.78Appeals from decisions of fire
wardens(1)Where pursuant to a delegation of the
commissioner’s powersachieffirewardenorafirewardenisempoweredtoissuenotices under
section 64 or 69 or to determine applications forpermits under section 65, any person
aggrieved by a decisionmade by the chief fire warden or fire
warden in the exercise ofthe power may appeal against the
decision by notice in writinggiven 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.Division 3Rural fire
brigades79Formation of rural fire brigade(1)Anygroupofpersonsmayapplytothecommissionerforregistration as a rural fire brigade.Current as at [Not applicable]Page
73
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 80](2)The
commissioner may grant or refuse an application and, inthecaseofthegrantingofanapplication,mustassignaregistration number to the rural fire
brigade.(3)The commissioner may at any time
cancel the registration of arural fire
brigade.80Rural fire brigade may make
rules(1)A rural fire brigade may make rules,
not inconsistent with thisAct,forthepurposeofregulatingitsproceedingsandtheconductofitsoperationsincludingtheacquisition,vestingand
disposal of its property and funds.(2)A
rule has no effect unless approved by the commissioner.(3)The commissioner may at any time
direct a rural fire brigadetoamend,revokeormakerulesinthemannerandforthepurpose specified in the direction.81Officers of rural fire brigade(1)A rural fire brigade must elect a
first officer to be in charge ofthe
brigade.(2)A rural fire brigade may alsoelect such other officers as itconsiders necessary.(3)Anyelectionmustbeconductedinaccordancewiththecommissioner’s directions and has no
effect unless approvedby the commissioner.(4)Apersonholdsofficefortheperiodspecifiedbythecommissioner.(5)The
commissioner may dismiss a person from any office heldwitharuralfirebrigadeormaydisqualifyapersonfromholding any office.Page 74Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 82]82Functions of a rural fire
brigade(1)The functions of a rural fire brigade
are fire fighting and fireprevention and such other functions as
the commissioner maydirect.(2)The
commissioner must notify a rural fire brigade of the areaforwhichandthecircumstancesinwhichthebrigadeisincharge of fire fighting and fire
prevention.(3)In this section—fire
preventionincludes taking measures in readiness for
firesoastoreducepotentialdangertopersons,propertyortheenvironment.83Powers of first officer(1)Where, pursuant to notification given under
section 82(2), arural fire brigade is in charge of
operations for controlling andextinguishing a
fire, the first officer of the brigade has, for thatpurpose—(a)the
powers of an authorised fire officer, subject to anylimitation imposed by the commissioner;
and(b)the control and direction of any
person (including anyfire officer) whose services are
available at the fire.(2)Anypowerexercisablebythefirstofficerofaruralfirebrigade may be
exercised by any person acting at the directionof the first
officer.(3)Anypersonexercisingapowerordischargingafunctionunder this
section must comply with any code of practice andwith
any direction of the commissioner.(4)In
this section—firstofficerincludes,wherethefirstofficerofaruralfirebrigadeisunavailabletoact,thenextseniorofficerofthebrigade who is available.(5)Wherearuralfirebrigadeisassistinginoperationsforcontrolling or extinguishing a fire, the
person who pursuant tothisActoranydirectiongivenbythecommissionerisinCurrent as at [Not applicable]Page
75
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 84]charge of those
operations has the control and direction of themembers of the
rural fire brigade.84Equipment for rural fire
brigade(1)Thecommissionermayprovideanyruralfirebrigadewithequipment for carrying out its
responsibilities or may, for thatpurpose,
subsidise the purchase of equipment by a rural firebrigade.(2)Allequipmentprovidedby,orthepurchaseofwhichissubsidised by, the commissioner is and
remains the propertyoftheStateandmayatanytimeberepossessedbythecommissioner.(3)Ajustice,actinguponthecomplaintofthecommissioner,mayissueawarrantauthorisinganypersonnamedinitorbelonging to a class of person specified in
it to search for andseizeanyequipmentthatpursuanttosubsection (2)istheproperty of the State.(4)Apersonauthorisedtoexecuteawarrantmay,forthatpurpose—(a)enteranypremisesinwhichthepersonbelievestheequipment may be located;(b)break open anything the person
believes may contain theequipment.(5)In
this section—equipment, without
limiting the meaning of the term, includesplant and any
liquid or gaseous substance.85Commissioner’s role relating to rural fire
brigadesThecommissionerisresponsiblefortheefficiencyofruralfire brigades
and may provide training and other assistance tothem.Page 76Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 86]86Powers of officers of other States to
fight fires inQueensland(1)In
this section—officerofanotherStatemeansanofficerofanybodyororganisationthat,pursuanttoanylawofanotherState,isresponsible for extinguishing fires in
rural areas in that State.StatemeanstheStateofNewSouthWalesortheStateofSouth 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 burninginto the other
State; or(b)thatafireburningintheotherStatemaycontinueburning into
Queensland;theofficermaytakemeasuresinQueenslandforextinguishing or controlling the
fire.(3)If an officer of another State, in
Queensland for the purpose oftaking measures
authorised by subsection (2) to be taken, isthe senior
officer present of the relevant body or organisation,the
officer may exercise, subject to subsection (4), any of thepowers of a first officer of a rural fire
brigade.(4)Where,pursuanttothisActoranydirectiongivenbythecommissioner, any person has control
of operations at a fire inQueenslandatwhichanofficerofanotherStateispresent,thatofficermustobeyanydirectiongivenbythepersonhaving control of operations.Current as at [Not applicable]Page
77
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 86A]Part 8Fire
emergencyDivision 1Local fire
bans86AImposing local fire ban(1)Ifthecommissionerconsidersafireemergencyexistsinalocal government’s area, the
commissioner may impose a fireban (alocal fire ban) in the
area.(2)A local fire ban may—(a)be imposed for an entire local
government area or partof a local government area; and(b)prohibit the lighting of all, or only
certain, types of fires.(3)The area to
which a local fire ban applies is called thefire banarea.86BPublicising local fire ban(1)A local fire ban may be
imposed—(a)bynotice(anewspapernotice)publishedinanewspaper circulating in the fire ban
area; or(b)bynotice(abroadcastnotice)transmittedbyabroadcastingservicegenerallyabletobereceivedbypersons in the fire ban area.(2)However,alocalfirebanmaybeimposedbyabroadcastnotice only if
the commissioner considers—(a)it
is necessary because of urgent circumstances relatingto
the fire emergency; and(b)imposing the ban
by a newspaper notice would result ina delay that was
undesirable, having regard to the urgentcircumstances.(3)The
newspaper or broadcast notice must—Page 78Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 86C](a)state the local government area to
which the ban appliesand,ifappropriate,describethepartofthelocalgovernment area
to which it applies; and(b)state the fires
the lighting of which is prohibited; and(c)state the period of the ban (not longer than
14 days).(4)As well as using a newspaper or
broadcast notice to impose alocalfireban,thecommissionermaycausethebantobepublicisedinanyotherwaythecommissionerconsidersappropriate.86CCancelling local fire ban(1)If,whilealocalfirebanisinforce,thecommissionerconsiders the
fire emergency for which the ban was imposedhas ceased to
exist, the commissioner must cancel the ban.(2)The
cancellation may be made—(a)bynotice(anewspapernotice)publishedinanewspaper circulating in the fire ban
area; or(b)bynotice(abroadcastnotice)transmittedbyabroadcastingservicegenerallyabletobereceivedbypersons in the fire ban area.(3)However,alocalfirebanmaybecancelledbyabroadcastnotice only if
the commissioner considers a newspaper noticewould
unnecessarily delay the cancellation of the ban.(4)As well as using a newspaper or
broadcast notice to cancel alocal fire ban,
the commissioner may cause the cancellation ofthe ban to be
publicised in any other way the commissionerconsiders
appropriate.86DPeriod of local fire ban(1)A local fire ban imposed by a notice
published in a newspapertakes effect from the day the notice
is published.Current as at [Not applicable]Page
79
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 86E](2)Alocalfirebanimposedbyanoticetransmittedbyabroadcasting service takes effect from
the day and time statedin the notice.(3)For
subsection (2), the day and time must not be before thenotice is transmitted.(4)Alocalfirebanremainsinforceuntil1ofthefollowingevents
happens—(a)the period of the ban stated in the
notice imposing theban ends;(b)the
ban is cancelled.86EEffect of local fire ban on other
authorisations to lightfiresWhile a local
fire ban remains in force, any authority givenunder this or
another Act to light a fire in the fire ban areaceasestohaveeffect,totheextenttowhichtheauthorityapplies to fires
the lighting of which is prohibited under theban.86FContravening local fire banWhile a local fire ban is in force, a person
must not light a fireinthefirebanareaifthelightingofthefireisprohibitedunder the
ban.Maximumpenalty—50penaltyunitsor6monthsimprisonment.86GEvidentiary aid about local fire banInaproceedingforanoffenceagainstsection 86F,acertificatepurportingtobesignedbythecommissionerstating the
following matters is evidence of the matters—(a)on a
stated day, or during a stated period, a local fire banwas
in force at a stated place;Page 80Current as at [Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 87](b)thetypesoffirethelightingofwhichwasprohibitedunder the
ban.Notauthorised—indicativeonlyDivision 2Declarations of
state of fireemergency87Declaration of state of fire
emergency(1)Thecommissionermay,withtheapprovaloftheMinister,declarethatastateoffireemergencyexistswithinQueensland.(2)A
declaration of a state of fire emergency—(a)may
have effect throughout the State or in part of theState, as specified in the
declaration;(b)may apply differently according to
factors specified inthe declaration;(c)may,
if it does not prohibit the lighting of all types offires,prescribeconditionstobeobservedinlightingfires of any
type not prohibited;(d)mayorderthatthelightingofanyfireofatypenotprohibited be subject to the granting of a
permit undersection 65bythecommissionerorbyapersonbelongingtoaclassofpersonspecifiedinthedeclaration;(e)may
order that any person finding a fire burning in theopen
air take all possible steps to extinguish it and, assoon
as is practicable, report the existence and localityof
the fire to any person belonging to a class of personspecified in the declaration;(f)mayprohibittheuseofanyappliance,materialorsubstancespecifiedinthedeclarationthat,intheopinion of the
commissioner, is or is likely to cause afire
risk;(g)may order the suspension of such
operations as may bespecified for the period
specified;Current as at [Not applicable]Page
81
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 88](h)may, with the approval of the
Minister, be amended orrevoked at any time.Notauthorised—indicativeonly88Publication of
declaration(1)Everydeclarationofafireemergencyoramendmentorrevocation of a declaration must be notified
in the gazette.(2)Adeclarationofafireemergencyoranamendmentorrevocation of a declaration takes
effect from—(a)the date on which it is notified in
the gazette; or(b)whereitisnotifiedthroughouttheareatowhichitappliesbynewspaper,radioortelevision,thedateonwhich it is so notified;whichever date
occurs sooner.(3)Forthepurposeofensuringpublicknowledgeofthedeclaration of a state of fire
emergency in the area to which itapplies,thecommissionermusttakemeasurestogivewidespread
publicity to the declaration but any alleged failuretodosoisnotanexcuseforfailuretocomplywiththedeclaration.89Period of state of fire emergencyAstateoffireemergencydeclaredbythecommissionerremains in
force—(a)whereaperiodforwhichitistoremaininforceisspecifiedinthedeclaration,untilthatperiodexpiresunless the
declaration is sooner amended by extendingthat period or
revoked; or(b)wherenoperiodisspecified,untilthedeclarationisrevoked.90Effect of emergency on existing authorities
to light fires(1)Uponthedeclarationofastateoffireemergency,anyauthoritygivenunderthisoranyotherActtolightafire,Page 82Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 91]whether given before or during the state of
emergency, ceasesto have effect while the state of emergency
remains in force.(2)Subsection (1) applies subject to any
authority to light a firespecifiedinthedeclarationoranypermitgrantedafterthecommencement of the state of emergency in
accordance withthe declaration.91Commissioner’s power during fire
emergency(1)Whileastateoffireemergencyremainsinforce,thecommissioner may take any reasonable measure
to abate thefire emergency.(2)Without limiting those measures, they
include requisitioningany premises, plant, equipment,
materials or substance for firefighting or fire
prevention.92Failure to comply with
declarationAny person who fails to comply with a
declaration of a stateof fire emergency or withany
requisition made pursuant tosection 91(2)
commits an offence against this Act.Maximumpenalty—250penaltyunitsor2yearsimprisonment.93Certificate re declarationIn
any proceeding for—(a)an offence defined in section 92;
or(b)any other offence against this Act
where it is alleged as acircumstanceofaggravationthattheoffencewascommitted during a state of fire emergency
at a place towhich the declaration of the emergency
applied;any certificate signed by the commissioner
stating that a stateoffireemergencydeclaredundersection
87existedataspecified place and during a specified
period and specifyingCurrent as at [Not applicable]Page
83
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 95]anyoftheprovisionsofthedeclarationisevidenceofthematters contained in the
certificate.Notauthorised—indicativeonlyPart 9Off-site plans
for dangerousgoods95Application of part(1)This
part does not apply in respect of—(a)persons or substances in or about a mine to
which theMiningandQuarryingSafetyandHealthAct1999applies;(b)persons or substances in or about a
mine to which theCoal Mining Safety and Health Act
1999applies;(c)persons or substances in or about a well to
which any ofthe following Acts apply—•Petroleum Act 1923•PetroleumandGas(ProductionandSafety)Act2004•Geothermal Energy Act 2010•Greenhouse Gas Storage Act 2009.(2)ThispartdoesnotderogatefromtheprovisionsoftheRadiation Safety Act 1999,
theTransport Operations (MarineSafety) Act 1994or theWork
Health and Safety Act 2011andwhere there is
any conflict between the provisions of this andtheprovisionsofthoseActs,theprovisionsofthoseActsprevail, to the extent of the
inconsistency.96Occupier to provide information
concerning dangerousgoods(1)Where a person—(a)is
an occupier of premises in or on which any dangerousgoods are stored; orPage 84Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 97](b)istobetheoccupierofpremisespresentlyunderconstruction, in
or on which any dangerous goods are tobe
stored;the commissioner may give a notice requiring
the person toprovide such information concerning the
dangerous goods asis specified in the notice.(2)Apersontowhomanoticeisgivenmustprovidetheinformation sought within the time specified
in the notice.97Off-site emergency plans(1)In any case in which the commissioner
has power to give apersonanoticerequiringinformationconcerninganydangerous goods, the commissioner may by
notice in writingrequire the person, within the time
specified in the notice, toprepareandlodgewiththecommissioneraplanrelatingtothose dangerous goods (anoff-site emergency plan).(2)Anoticemaybegiventoapersonundersubsection
(1)whether or not a notice has been given under
section 96 or,where a notice has been given under that
section, whether ornot the person has complied with the
notice.(3)Apersonrequiredbynoticegivenundersubsection
(1)toprepare and lodge an off-site
emergency plan is referred to inthis part as
theperson responsible for the plan.(4)An off-site
emergency plan must provide for measures to betaken in
preparation for a hazardous materials emergency oruponahazardousmaterialsemergencyoccurringsothatdanger that may
thereby arise to any person who or propertythat is outside
the premises to which the plan relates or to theenvironment is avoided or limited.98Assistance with plans(1)The commissioner must provide an
advisory service and, totheextentpracticable,assistinthepreparationandimplementation of off-site emergency
plans.Current as at [Not applicable]Page
85
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 99](2)Apersonresponsibleforaplanisliabletopaytothecommissionerchargesforanyadviceorotherassistanceprovided.Notauthorised—indicativeonly99Approval of
plansWhere an emergency plan is lodged, the
commissioner—(a)may approve or refuse to approve the
plan;(b)may,ifapprovingtheplan,subjectapprovaltoconditions;(c)must, if rejecting the plan, give the person
responsiblefor the plan notice in writing specifying
the manner inwhich the plan is deficient and requiring
that a new oramended plan be lodged within the time
specified in thenotice.100Amendment of plan(1)Anoff-siteemergencyplanmaybeamendedwiththeapproval of the commissioner.(2)The commissioner may give a notice to
a person responsibleforanoff-siteemergencyplanrequiringthattheplanbeamended and lodged with the commissioner for
approval.101Duty to implement plan(1)Where an off-site emergency plan has
been approved by thecommissioner, the person responsible
for the plan must ensurethatallmeasuresprovidedforintheplan(andinanyamendment
approved to the plan) are taken.(2)A
person who fails to discharge that duty commits an offenceagainst this Act.(3)If
the commissioner believes that any measure provided for ina
plan has not been taken, the commissioner may give a noticetothepersonresponsiblefortheplanrequiringthatthemeasure be taken within the time specified
in the notice.Page 86Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 102]102Notice of changed circumstances(1)Where any change of circumstances
occurs that substantiallyreduces the effectiveness of an
off-site emergency plan or thatrenders the plan
unnecessary, the person responsible for theplan must
immediately give notice in writing of that fact to thecommissioner.(2)The
commissioner, if aware that an off-site emergency plan isno
longer necessary because of any change of circumstances,must
give approval to the person responsible for the plan todiscontinue giving effect to the
plan.103Keeping copies of plansThecommissionermustkeepacopyofeveryoff-siteemergency plan lodged for approval and of
every amendmentto a plan.104Punishment for certain offences against this
partA person convicted of—(a)an
offence defined in section 101(2); or(b)an
offence consisting in a failure to notify a change ofcircumstances,asrequiredbysection 102(1),thatsubstantially reduces the effectiveness of a
plan; or(c)an offence consisting in a failure to
comply with a noticegiven under this part;is
liable to a maximum penalty of 250 penalty units or 1 year’simprisonment.Current as at
[Not applicable]Page 87
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104A]Part
9ABuilding fire safetyNotauthorised—indicativeonlyDivision 1Interpretation104AInterpretationIn this part
(other than division 5A) and in schedule 5—buildingmeansafixedstructurethatiswhollyorpartlyenclosedbywallsandisroofedandincludesafloatingbuilding and any
part of a building but does not include—(a)asingledwellinghouse,beingeitheradetacheddwellinghouseoratown,terrace,row,villaorlikehouseattachedtoanothersuchhouseorothersuchhouses only by a wall on 1 or more of its
sides; or(b)a building treated as part of a coal
mine for the purposesoftheCoalMiningSafetyandHealthAct1999oraspartofamineforthepurposesoftheMiningandQuarrying Safety and Health Act 1999.fire safety installationmeans a fire safety installation
withinthe meaning of theBuilding Act
1975.ground levelhas the same
meaning for the purposes of thispart as the term
has as defined in the Queensland Appendix totheBuildingCodeofAustraliaforthepurposesspecifiedtherein.maintainincludes install or establish and
maintain.prescribedfiresafetyinstallationmeansaprescribedfiresafety installation within the meaning of
section 104D.104BApplication to prisonsThispartappliesinrelationtoabuildingthatis,orthatistreated as part of, a prison for the
purposes of theCorrectiveServicesAct2006,butanauthorisedfireofficerisnotcompetenttoexerciseapowerconferredbysections 55to58C
in relation to such a building without the consent of thePage
88Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104C]personinchargeoftheprisonwithinthemeaningoftheCorrective Services Act 2006.Division 2Obligations of
persons for firesafetySubdivision
1Means of escape and prescribed firesafety installations104COccupier of building to maintain means of
escape frombuildingTheoccupierofabuildingmustmaintainatalltimesfreefrom
obstruction adequate means of escape in the event of firethreatening any part of the building.Maximum penalty—(a)ifthecontraventioncausesmultipledeaths—2,000penalty units or
3 years imprisonment; or(b)ifthecontraventioncausesdeathorgrievousbodilyharm—1,000 penalty units or 2 years
imprisonment; or(c)ifthecontraventioncausesbodilyharm—750penaltyunits or 1
year’s imprisonment; or(d)otherwise—100
penalty units.Note—This provision
is an executive liability provision—see section 151.104DOccupier of building to maintain
prescribed fire safetyinstallations(1)The
occupier of a building must maintain at all times everyprescribed fire safety installation to a
standard of safety andreliability in the event of
fire.Maximum penalty—Current as at
[Not applicable]Page 89
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104D](a)ifthecontraventioncausesmultipledeaths—2,000penalty units or
3 years imprisonment; or(b)ifthecontraventioncausesdeathorgrievousbodilyharm—1,000 penalty units or 2 years
imprisonment; or(c)ifthecontraventioncausesbodilyharm—750penaltyunits or 1
year’s imprisonment; or(d)ifthecontraventioncausessubstantialpropertyloss—500 penalty
units or 6 months imprisonment; or(e)otherwise—100 penalty units.Note—This provision
is an executive liability provision—see section 151.(2)ItisadefencetoachargemadeunderthisActthatanoccupier of a building, in contravention of
subsection (1), hasfailedtomaintaininthebuildingaprescribedfiresafetyinstallation for
the defendant to prove—(a)that the
prescribed fire safety installation would not berequired to be maintained in the building if
the buildingwere constructed at the time of the alleged
offence andwas unnecessary for the purposes of fire
safety; or(b)that in lieu of the prescribed fire
safety installation thereis maintained a fire safety
installation of equivalent orgreater
effectiveness.(3)For the purposes of this
section—Actincludes any Act and any proclamation,
order in council,regulation, rule, local law or other
instrument of subordinatelegislationmadeunderanyAct,wheneverpassedormadewhether or not
it has ceased to exist.prescribedfiresafetyinstallationmeansafiresafetyinstallation—(a)thatwasatanytimerequiredtobemaintainedinthebuilding in question by or under any
Act, including as aprerequisite to the granting of any approval
or the issueof any notice, certificate or instrument;
andPage 90Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104DA](b)that was not at any time authorised by
or under any Actto be no longer maintained.104DA
Additional requirement for monitored systems(1)Theoccupierofabuildingmustmaintaineachmonitoredsystem for the
building to ensure an unacceptable number ofunwanted alarms
are not signalled from the system.(2)For
subsection (1), the number of unwanted alarms signalledfromamonitoredsystemisunacceptableifthenumbersignalled since
the end of the last financial year is—(a)more
than 4; and(b)more than the average number for the
last financial yearpublished under subsection (4).(3)However,thecommissionermaydecidethat,despitesubsection (2),
the number of unwanted alarms signalled froma 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)Assoonaspracticableafter30Juneeachyear,thecommissionermustcalculate,andnotifyinthegazette,theaveragenumberofunwantedalarmsformonitoredsystemsfor
the last financial year.(5)The number must
be calculated by dividing the total numberofunwantedalarmssignalledfromallmonitoredsystemsduring the last financial year by the total
number of monitoredsystems in operation during the last
financial year.(6)In this section—detector
headmeans a part of a monitored system that
detectssmoke or heat and sends a signal to another
part of the system.Current as at [Not applicable]Page
91
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104DA]emergencymeans a situation in which there is danger
of harmtopersonsorpropertyfromafireorhazardousmaterialsemergency.emergency
alarmmeans an alarm, from a monitored
systemfor a building, signalled to QFES to attend
the building.maintain, a monitored
system, includes—(a)ensure the system is in good repair;
and(b)ensure each part of the system is
properly installed andappropriately located; and(c)ensure the system is able to
distinguish between a fireand normal conditions in the building;
and(d)implement measures for avoiding
unwanted alarms fromthe system.Examples of
implementing measures for paragraph (d)—•establishingrequirementsforpersonsworkingnearthesystemtoisolatethesystemwhileusingtoolsthatmaycause an unwanted alarm•giving information sheets to guests in the
building about thesensitivityofthesystemandhowtoavoidcausinganunwanted alarm•for
a building used to provide residential accommodationthat
has a high level of unwanted alarms, installing an alarmacknowledgement facility under
AS1670.1—2004monitored system, for a
building, means an automatic smokedetection and
alarm system—(a)thatisaprescribedfiresafetyinstallationforthebuilding; and(b)that
is monitored by QFES.unwantedalarmmeansanemergencyalarmsignalledatatimewhenthecommissionerissatisfiedtherewasnoemergency
requiring the attendance of QFES.Page 92Current as at [Not applicable]
Notauthorised—indicativeonlySubdivision 2Fire and
Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104E]Fire
and evacuation plan104EFire and evacuation plan(1)The occupier of a building
must—(a)maintain at all times a plan of the
action to be taken bypersonswithinthebuildingintheeventoffirethreateningthebuildingadequatetoensuretheirownand other persons safety (afire
and evacuation plan);and(b)provideadequateinstructionstoprescribedpersonsinthe building concerning the action to
be taken by themin the event of fire threatening the
building in order toensure their own and other persons
safety.Maximum penalty—(a)ifthecontraventioncausesmultipledeaths—2,000penalty units or
3 years imprisonment; or(b)ifthecontraventioncausesdeathorgrievousbodilyharm—1,000 penalty units or 2 years
imprisonment; or(c)ifthecontraventioncausesbodilyharm—750penaltyunits or 1
year’s imprisonment; or(d)otherwise—100
penalty units.(2)In this section—prescribed
personmeans a person who works or resides in
orvisits the building for more than a total
time, during a period,prescribed under a regulation.104FAssistance with plan(1)The commissioner may provide
assistance to the occupier of abuildinginthepreparationandimplementationoftheplanrequiredtobemaintainedbytheoccupierpursuanttosection 104E(1)(a) and any regulations
made under this part inrelation to such a plan.Current as at [Not applicable]Page
93
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104FA](2)An occupier to whom assistance is
provided is liable to pay tothe commissioner
the amounts charged by the commissionerfor the
assistance.Notauthorised—indicativeonlySubdivision 3Fire safety
management plan104FA Obligation to prepare fire safety
management plan(1)This section applies to a budget
accommodation building onlyif—(a)constructionofthebuildingstartedbeforethecommencement of this section; or(b)construction of the building
was—(i)approvedundertherepealedIntegratedPlanningAct
1997before 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 repealedIntegrated PlanningAct
1997before the commencement; and(ii)theapprovalisgivenonorafterthecommencement.(2)Theownerofthebudgetaccommodationbuildingmustprepare a fire
safety management plan for the building within1 year after the
commencement.Maximum penalty—(a)ifthecontraventioncausesmultipledeaths—2,000penalty units or
3 years imprisonment; or(b)ifthecontraventioncausesdeathorgrievousbodilyharm—1,000 penalty units or 2 years
imprisonment; or(c)ifthecontraventioncausesbodilyharm—750penaltyunits or 1
year’s imprisonment; or(d)otherwise—100
penalty units.Page 94Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104FB]104FB
Other obligations about fire safety management plan(1)Theownerofabudgetaccommodationbuildingwhoisrequired,undersection
104FAortheBuildingAct1975,section 27, to prepare a fire safety
management plan for thebuildingmustensuretheplanisupdatedassoonaspracticable,butnotlaterthan1month,afterachangeincircumstancesaffectingtheplan’scompliancewiththefiresafety
standard.Maximum penalty—(a)ifthecontraventioncausesmultipledeaths—2,000penalty units or
3 years imprisonment; or(b)ifthecontraventioncausesdeathorgrievousbodilyharm—1,000 penalty units or 2 years
imprisonment; or(c)ifthecontraventioncausesbodilyharm—750penaltyunits or 1
year’s imprisonment; or(d)otherwise—100
penalty units.(2)Achangeincircumstancesmentionedinsubsection (1)includes, for
example, a change in the fire safety standard.(3)Theownermustensurethecurrentfiresafetymanagementplan is
implemented.Maximum penalty for subsection (3)—(a)ifthecontraventioncausesmultipledeaths—2,000penalty units or
3 years imprisonment; or(b)ifthecontraventioncausesdeathorgrievousbodilyharm—1,000 penalty units or 2 years
imprisonment; or(c)ifthecontraventioncausesbodilyharm—750penaltyunits or 1
year’s imprisonment; or(d)otherwise—100
penalty units.104FC Meaning offire safety
management plan(1)Afire safety
management planfor a building is a plan thatstates each of the following and complies
with subsections (2)and (3)—Current as at
[Not applicable]Page 95
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104FD](a)the
allowable number of occupants for the building;(b)theproposedmaintenancescheduleforthebuilding’sprescribed fire
safety installations;(c)theevacuationplanforevacuatingthebuilding’soccupants,includingoccupantswithanintellectualorphysical disability, in the event of a fire
in the building;(d)proposed training programs for
occupants and personsemployed 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 eachinstallation, if applicable.(2)Themattersmentionedinsubsection (1)(a)to(d)mustcomply with the
fire safety standard.(3)The fire safety
management plan must have attached to it, orbeaccompaniedby,acopyofthebuildingplans,inareasonablescale,identifyingthelocationofthebuilding’sprescribed fire
safety installations.104FD Guidelines for preparing fire
safety management plans(1)Thecommissionermayissueguidelinesforpreparingfiresafety management plans.(2)Before issuing the guidelines, the
commissioner must consultwith any entity the commissioner
considers appropriate.104FE Public notice of
guidelines(1)Afterissuingtheguidelines,thecommissionermustgivenotice of the
guidelines.(2)The notice must—(a)be
published in a newspaper the commissioner considersappropriate; andPage 96Current as at [Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104FF](b)state the places where copies of the
guidelines may beinspected or bought.Notauthorised—indicativeonly104FF
Access to guidelinesThe commissioner must ensure a copy of
the guidelines, andanydocumentapplied,adoptedorincorporatedbytheguidelines, is available for
inspection on QFES’s website.104FG Accessing
fire safety management planThe owner of a
budget accommodation building must ensure acopy of the
building’s current fire safety management plan iskeptinthebuildingandisavailableforinspection,freeofcharge, by the building’s occupants
and other members of thepublic whenever the building is open
for business.Maximum penalty—20 penalty units.Subdivision 3AMatters relating
to particularproceedings under this division104FGA
Provisions applying for particular proceedings(1)This
section applies for sections 104C, 104D, 104E, 104FAand
104FB (eachthe section).(2)Apersoncausessomethingmentionedinthesectioniftheperson’s act or omission is a
substantial or significant cause ofthe thing or
substantially contributes to the thing.(3)The
section applies despite the Criminal Code, sections 23(1)and
24.(4)Itisadefenceinaproceedingagainstapersonforacontravention of the section for the
person to prove the persontook reasonable precautions and
exercised proper diligence toprevent the
contravention.(5)Also,itisadefenceinaproceedingagainstapersonforacontraventionofthesectionforthepersontoprovetheCurrent as at [Not applicable]Page
97
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104FH]contravention
was due to causes over which the person had nocontrol.Subdivision 4Obligations of
entities aboutguidelines for fire safety standardand
fire safety management plans104FH Obligations
about guidelines for fire safety standard andfire safety
management plans(1)Incarryingoutafunctionorpowerconferredonanentityunder this Act, the entity must have regard
to—(a)foramatterrelatingtothefiresafetystandard—theinformation in
the fire safety standard guidelines; or(b)foramatterrelatingtothefiresafetymanagementplan—theinformationinthefiresafetymanagementplan
guidelines.(2)In ensuring a budget accommodation
building conforms withthe fire safety standard, the owner of
the building must haveregard to the information in the fire
safety standard guidelines.(3)Inpreparingafiresafetymanagementplanforabudgetaccommodation building, the owner of the
building must haveregard 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 guidelinesmeans the guidelinesmade
under section 104FD.firesafetystandardguidelinesmeanstheguidelinesmadeunder theBuilding Act
1975, section 218.Page 98Current as at [Not applicable]
Subdivision 5Fire and
Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104G]Commissioner’s notice aboutoccupier’s and owner’s obligationsNotauthorised—indicativeonly104GNotice by commissioner about
occupier’s or owner’sobligations(1)Thecommissionermaygivetheoccupierorownerofabuildingwrittennoticerequiringtheoccupierorownertoremedy any matter in respect of which the
commissioner is ofthe opinion that the occupier or owner has
failed to complywith this division or with regulations made
under this part.(1A)The notice under
subsection (1) must state the following—(a)thatthecommissionerhasdecidedtheoccupierorownerhasfailedtocomplywiththisdivisionorwithregulations made
under this part;(b)theactiontobetakenbytheoccupierorownertoremedy 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 theoccupancy notice;(f)how,andtheperiodwithinwhich,theoccupiermayapply to QCAT for the review;(g)any right the occupier has to have the
operation of theoccupancy notice stayed under the QCAT
Act.(2)Also, to the extent that it specifies
that an alteration is to bemadetothestructureofabuilding,noticeundersubsection (1)isnotvalidunlessthecommissionerfirstconsults the local government in whose area
the building issituated.(3)Apersonwhoisgivenanoticepursuanttosubsection (1)must comply with
the notice.(3A)In a case where
such a person fails to comply with the noticewithin a time
specified therein then—Current as at [Not applicable]Page
99
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104H](a)notwithstandingthatthe
time has passed, the person’sobligationtocomplycontinuesuntilthepersoncomplies with
the notice; and(b)section 150 applies.(4)The giving of a notice under this
section does not prejudiceanyotherproceedingsunderthisActinrespectofthenoncompliance to which the notice
relates, with the exceptionthatthepersontowhomthenoticeisgivenisnotliable,during the
period afforded by the notice to comply and anyfurther period
during which that person is relieved by this partfrom
any penalty for failure to comply with the notice, to anypenalty prescribed by section 150 for
continuing offences.Division 3Prohibition on
prescribed usewithout certificate of compliance104HProhibition on prescribed use without
certificate ofcompliance(1)A
regulation may prohibit the use of a building as prescribedunder the regulation unless there is in
existence a certificate ofcomplianceissuedundersection
104Iinrelationtothatbuilding
use.(2)A regulation made under subsection
(1)—(a)must be expressed to apply in relation
to a building usespecified in schedule 5 unless the Governor
in Councilis satisfied that urgent action is required
to reduce therisk of fire in relation to a building use
not specified inschedule 5; and(b)may
be expressed to apply in relation to all buildings orany
building of a description defined in the regulation.(3)A regulation may revoke a certificate
of compliance or classthereof issued before the regulation
is made that authorised abuilding use to which the regulation
applies.Page 100Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104I](4)Anoccupierofabuildingwhousesthebuildingincontraventionofaregulationmadeundersubsection
(1)commits an offence against this Act.(5)Anoccupierofabuildingisnotliabletoanypenaltyprescribed by this Act by reason of the
building being used incontraventionofsubsection (4)onandfromthedatetheoccupiermakesapplicationforacertificateofcomplianceunder section
104I to and including the date the occupier isissued a
certificate of compliance or given a notice refusingthe
application pursuant to section 104I.(6)Subsection (5)doesnotapplyinrelationtoanapplicationmade after a
previous application has been refused.104ICertificate of compliance(1)An occupier of a building to which a
regulation made undersection 104H(1) applies may apply to
the commissioner to beissued a certificate of compliance
under this section in relationto a building
use to which the regulation applies.(2)An
application must—(a)beaccompaniedbythefeeprescribedunderaregulation; and(b)provide the information prescribed under a
regulation;and(c)specify the
building and the building use to which thecertificate of
compliance is to apply.(3)An application
must be referred to an authorised fire officerfor
consideration and determination.(4)The
authorised fire officer must then inspect the building.(5)Anapplicantistoprovidetothecommissionerortheauthorisedofficersuchinformationinrelationtotheapplication as either may
require.(6)If the authorised fire officer who
inspects the building, havingregardtothebuildingusespecifiedintheapplication,issatisfied—Current as at
[Not applicable]Page 101
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104I](a)that
sections 104C, 104D and 104E are being compliedwith; and(b)that the regulations made pursuant to
this part that applyin relation to building use are being
complied with; and(c)thatadequatefiresafetymeasuresandfirepreventionmeasuresgenerallyhavebeentakenorarebeingmaintained;theauthorisedfireofficermustissueacertificateofcompliance in relation to the building
authorising the buildinguse specified in the
application.(7)Iftheauthorisedofficerwhoinspectsthebuildingisnotsatisfied of any matter prescribed by
subsection (6)(a) to (c),the authorised officer must give
notice to the applicant—(a)specifyingthestepsrequiredtobetakenbeforetheapplication will be granted; and(b)allowing a reasonable period within
which those stepsmay be taken before the application is
refused.(7A)The authorised
officer may at any time extend the period soallowed.(8)If—(a)theapplicantdeclinestotakethestepsreferredtoinsubsection
(7)(a); or(b)upon inspection of the building at the
expiration of theperiod allowed to the applicant to take the
steps referredtoinsubsection
(7)(a),theauthorisedofficerisnotsatisfied that
those steps have been taken;theauthorisedofficermustrefusetheapplicationbynoticegiven 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 beforeany further
application will be granted;Page 102Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104J](c)that the applicant may apply to QCAT
for a review ofthe refusal;(d)how,andtheperiodwithinwhich,theapplicantmayapply to QCAT for the review.(9)Anoticeundersubsection
(7)or(8)totheextentthatitspecifies that an alteration is to be
made to the structure of abuildingbeforeanapplicationwillbegrantedisnotvalidunless the
authorised fire officer who issues the notice firstconsults the local government in whose area
the building issituated.(10)If
an authorised officer—(a)fails to issue a
certificate of compliance or any noticeunder this
section before a date 30 days after the receiptby the
commissioner of an application; or(b)in a
case where a notice under subsection (7) has beengiventotheapplicant—failstoissueacertificateofcompliance or a notice of refusal before a
date 30 daysafter the expiration of the time allowed by
the notice totake steps specified in the notice;the
provisions of part 9B apply as if the authorised officer hadgiven to the applicant on that date a notice
of refusal.104JForm of certificate of
complianceA certificate of compliance—(a)subjecttothisAct,maybeissuedinanyconvenientformandifconvenientbeinrespectofmorethan1building or building use;(b)muststatespecificallyorbyreferencethefiresafetyinstallations the maintenance of which were
required forthe issue of the certificate.104KCertificate of compliance—limitations
on requirementsAnauthorisedfireofficerwhoinspectsabuildingforthepurposes of section 104I must not
impose—Current as at [Not applicable]Page
103
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104KA](a)more
onerous requirements for the maintenance of firesafetyinstallationsthantheoccupierwasrequiredtomaintain pursuant to section 104D
immediately beforethe inspection; or(b)in
relation to any particular matter provided for by theregulations—moreonerousrequirementsthanthoseimposed in
relation to the matter by the regulations;asaprerequisitetotheofficerbeingsatisfiedthatadequatefiresafetymeasuresandfirepreventionmeasuresgenerallyhave been taken
or are being maintained by the occupier.Division
3AOccupancy limits for particularlicensed buildingsSubdivision
1Preliminary104KA Definitions
for div 3AIn this division—clear floor
surface areameans an area of floor on or abovewhich there is nothing that would unduly
restrict a person ingoing across the area.firesafetysystem,forabuilding,meansthebuilding’sfeatures,andproceduresestablishedforthebuilding,providing for
all or any of the following—(a)warningthebuilding’soccupantsaboutafireemergency;(b)safe
evacuation of the building’s occupants;(c)extinguishingorrestrictingthespreadoffireinthebuilding.licensed
buildingmeans a building, or the part of a
building,that comprises particular licensed premises
under theLiquorAct 1992.Page 104Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104KB]occupancy noticesee section
104KF.occupancynumber,forabuilding,meanstheoccupancynumberstatedinanoccupancynoticeinforceforthebuilding.risk of
overcrowding, for a building, means a risk that not
alloccupants of the building would be able to
safely evacuate if afire or hazardous materials emergency
happened.104KB Object of div 3A(1)The
object of this division is to help ensure the occupants oflicensed buildings can safely evacuate if a
fire or hazardousmaterials emergency happens.(2)The object is to be achieved
by—(a)identifying licensed buildings with an
unacceptable riskof overcrowding; and(b)foreachoftheidentifiedbuildings,establishingandimplementing a safe limit on the number of
persons whomay be present in the building at any one
time.104KC Application of div 3A to a part of a
licensed buildingExcept where it states otherwise, this
division applies to a partof a licensed building in the same way
it applies to a wholelicensed building.Example—Under section 104KD(1), the commissioner may
decide a particularroom in a licensed building is an at risk
licensed building. In decidingthe level of the
risk of overcrowding for the room, the commissionermust
have regard to the matters stated in section 104KD(2) as if
areference in that subsection to the building
were a reference to theroom.Current as at
[Not applicable]Page 105
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104KD]Subdivision 2Occupancy
noticesNotauthorised—indicativeonly104KD Deciding if a building is an at
risk licensed building(1)The commissioner
may decide a licensed building is an at risklicensed
building if the commissioner is satisfied there is anunacceptable risk of overcrowding for the
building.(2)Indecidingtheleveloftheriskofovercrowding,thecommissioner must have regard to the
following matters—(a)the building’s characteristics,
including—(i)thenumberandlocationofexits inthebuilding;and(ii)the clear floor
surface areas in the building; and(iii)the
flammability of the fixtures and fittings in thebuilding; and(iv)theprescribedfiresafetyinstallationsinthebuilding; and(v)whether occupants of the building can exit
directlyinto open space or another place of
safety;(b)howthebuildingisused,includingitsclassificationunder the
Building Code of Australia;(c)the
number of persons that use, or are likely to use, thebuilding at any given time;(d)the mobility and other characteristics
of the persons whouse, or are likely to use, the
building;(e)any fire safety system for the
building.104KE Deciding an occupancy number(1)Thissectionappliestoalicensedbuildingthatthecommissioner has decided is an at risk
licensed building.(2)Indecidinganoccupancynumberforthebuilding,thecommissionermusthaveregardtothebuilding’scharacteristics
and other matters stated in section 104KD(2).Page 106Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104KF](3)The occupancy number must not be more
than—(a)themaximumnumberthatmaybeaccommodatedunder—(i)for a budget accommodation building to
which theBuildingAct1975, chapter 7,
part 3 applies—theQueensland Development Code, part 14, items
P3and A3; or(ii)otherwise—theBuildingCodeofAustralia,partD1.13; or(b)the
maximum number that allows compliance with theBuilding Code of
Australia, part D1.6.104KF Commissioner may give occupancy
notice to occupierIfthecommissionerdecidesundersection
104KDthatalicensedbuildingisanatrisklicensedbuilding,thecommissioner may give the occupier of the
building a notice(anoccupancy notice) stating the
following—(a)that the commissioner has decided the
building is an atrisk licensed building;(b)theoccupancynumberforthebuildingdecidedundersection 104KE;(c)the
day, not less than 30 days after the occupancy noticeis
given, on which it takes effect;(d)the
occupier’s obligations under subdivision 3;(e)thereasonsforthedecisionsmentionedinparagraphs(a) and
(b);(f)that the occupier may apply to QCAT
for a review of theoccupancy notice;(g)how,andtheperiodwithinwhich,theoccupiermayapply to QCAT for the review;(h)any right the occupier has to have the
operation of theoccupancy notice stayed under the QCAT
Act.Current as at [Not applicable]Page
107
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104KG]104KG Occupancy
number applying during particular uses orcircumstancesIf the
commissioner considers the risk of overcrowding for abuilding varies because of the different
ways the building isusedfromtimetotime,thecommissionermaygivetheoccupier an occupancy notice stating—(a)an occupancy number for the building
that applies onlywhen the building is used in a stated way or
in statedcircumstances; or(b)2 or
more occupancy numbers for the building, each ofwhich applies only when the building is used
in a statedway or in stated circumstances.Example for paragraph (b)—Abuildingusedoccasionallyforconcertsmaybegivenanoccupancy number that applies only for that
use and anotheroccupancy number that applies for its usual
uses.104KH Application and currency of occupancy
noticeAnoccupancynoticeappliestothepersonstatedinit,inrelationtothelicensedbuildingstatedinit,untiltheoccupancynoticeisrevokedorthepersonstopsbeingtheoccupier of the building.104KIRe-assessment of risk of
overcrowding(1)Thissectionappliestoalicensedbuildingforwhichanoccupancy notice (thecurrent
occupancy notice) is in force.(2)Atanytime,onrequestbytheoccupieroronthecommissioner’sowninitiative,thecommissionermaycarryout a
re-assessment for the building.(3)Thecommissionermustcarryoutare-assessmentforthebuilding if—(a)since the current occupancy notice was
given, any of themattersstatedinsection 104KD(2)haschangedinaway that is relevant to the risk of
overcrowding for thebuilding; andPage 108Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104KJ](b)the occupier gives the commissioner a
written notice ofthe change and asks the commissioner to
carry out there-assessment.(4)If,onarequestmentionedinsubsection (3)(b),thecommissioner carries out a re-assessment and
decides not torevoke the current occupancy notice, the
commissioner mustgivetheoccupieranotice(adecisionnotice)statingthefollowing—(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 theoccupancy notice;(d)how,andtheperiodwithinwhich,theoccupiermayapply 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 thebuilding under this division;
and(b)decide whether to revoke the current
occupancy noticeand,ifrevokingthenotice,whethertogiveanotheroccupancy notice for the building.Subdivision 3Obligations of
occupiers of at risklicensed buildings104KJ Application
of sdiv 3(1)This subdivision applies if an
occupancy notice is in force fora licensed
building.(2)A reference in this subdivision to the
occupier is a reference toeach occupier of the building to whom
the occupancy noticestates it applies.Current as at
[Not applicable]Page 109
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104KK]104KK
Ensuring the occupancy number is not exceededTheoccupiermustensurethenumberofpersonsinthebuildingatanyonetimeisnotmorethantheoccupancynumber for the
building.Maximum penalty—50 penalty units.Notauthorised—indicativeonly104KL Ensuring staff are aware of the
occupancy number(1)The occupier must ensure each relevant
staff member is awareof the occupancy number for the
building.Maximum penalty—50 penalty units.(2)In this section—relevantstaffmembermeansanemployeeoftheoccupierwho is present
in the building when members of the publicmay enter the
building.104KM Implementing a counting system(1)This section does not apply if—(a)the building is only a part of a
licensed building; or(b)the occupancy
number for the building is less than 200.(2)Theoccupiermustensuretherequiredcountingsystemisimplemented at all times the building is
open to the public.Maximum penalty—50 penalty units.(3)The required counting system
is—(a)iftheoccupancynumberisatleast200butlessthan1,000—amanualcountingsystemoranautomaticcounting system;
or(b)if the occupancy number is at least
1,000—an automaticcounting system.(4)In
this section—automatic counting systemmeans a counting system capableof
operating without human intervention.Page 110Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104KN]Example—amachinethatcountsthenumberofpersonspassingthroughanentranceafterdetectingthembywayofalightbeamacrossthedoorway or a sensor under the floorcounting systemmeans a system
for counting the number ofpersons entering or leaving a
building.manual counting systemmeans a counting
system other thanan automatic counting system.Examples of manual counting systems—•a staff member issuing a numbered
ticket to each person enteringthe building and
a pass out to each person leaving the building•a
staff member clicking a counting device once for each personentering or leaving the building104KN
Displaying signs stating the occupancy number(1)This
section does not apply if—(a)the building is
only a part of a licensed building; or(b)the
occupancy number for the building is less than 200.(2)The occupier must display
conspicuously above each publicentrance to the
building a sign stating the occupancy numberfor the
building.Maximum penalty—50 penalty units.104KO
Including the occupancy number in the fire andevacuation
planThe occupancy number must be stated in the
occupier’s fireand evacuation plan.Maximum
penalty—50 penalty units.104KP Notifying the commissioner of
relevant changes(1)If any of the matters stated in
section 104KD(2) changes in awaythatmayincreasetheriskofovercrowdingfortheCurrent as at [Not applicable]Page
111
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104KQ]building, the
occupier must immediately give written notice tothe
commissioner.Maximum penalty—50 penalty units.(2)If a person stops being the occupier
of the building, the personmust immediately
give written notice to the commissioner.Maximum
penalty—50 penalty units.104KQ Action if an officer knows or
suspects the occupancynumber is being exceeded(1)This section applies if, at any time,
an authorised fire officerknowsorreasonablysuspectsthenumberofpersonsinthebuilding is more than the occupancy
number for the building.(2)The officer may
require the occupier to do, or stop doing, astated thing for
the purpose of reducing the number of personsin the building
or reducing the risk to the safety of persons inthe
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)stopmusicbeingplayedorotherentertainmenthappening 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 therequirement in writing as soon as
practicable.(6)Theoccupiermustcomplywiththerequirementunlesstheoccupier has a reasonable
excuse.Maximum penalty—50 penalty units.(7)This section does not limit another
power of the officer underthis Act.Page 112Current as at [Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104KR](8)In this section—occupierincludes a person in charge, or apparently
in charge,of the building.Notauthorised—indicativeonlySubdivision 4Miscellaneous104KR Commissioner
may give copies of notices to chiefexecutive (liquor
licensing)The commissioner may give copies of
occupancy notices tothe chief executive (liquor
licensing).104KS Commissioner may publish occupancy
numbersFor the performance of QFES’s functions, the
commissionermaypublishtheoccupancynumbersforbuildingstothepublic.Division 5Injunctions relating to high riskbuildings104RInjunctions(1)Wherethecommissionerissatisfiedinrelationtoanybuilding that the risk to persons in
the event of fire, or in theeventofahazardousmaterialsemergency,ortheriskofspread of fire is so serious that the use of
the building shouldbeprohibitedorrestricteduntilstepshavebeentakentoreducetherisktoareasonablelevel,thecommissioner,byaction in the Supreme Court, may claim
against the occupierof the building an injunction
prohibiting or restricting the useof the
building.(2)Jurisdiction is hereby conferred upon
the Supreme Court anda judge thereof to hear and determine
any such action and tograntaninjunctiontoprohibitorrestricttheuseofthebuilding.Current as at
[Not applicable]Page 113
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104RA](3)An
injunction may be—(a)for a limited period of time specified
in the order or foran indefinite period of time;(b)in respect of every use of a building
or for a use or usesspecified in the order.(4)Unlessthecontraryintentionappearsinthetermsoftheinjunction, an injunction against any
occupier of a building istaken to be made against all the
occupiers from time to time ofthe
building.Division 5ASmoke alarms for
domesticdwellings104RA Definitions
for div 5A(1)In this division—class1abuildingmeansabuildingclassifiedasaclass1abuilding under the Building Code of
Australia.dateofpossession,forresidentialland,meansthedatethetransferee of the land enters into
possession of the land.domestic dwellingmeans—(a)a class 1a building; or(b)a sole-occupancy unit in a class 2
building.informationstatement,inrelationtoatenant,meansthestatement given to the tenant under
theResidential Tenanciesand Rooming
Accommodation Act 2008, section 67.lessormeans a lessor within the meaning of
theResidentialTenancies and
Rooming Accommodation Act 2008, but
doesnot include a tenant who has given, or is to
give, the right tooccupy residential premises to a
subtenant.manufacturer’s instructions,
for a smoke alarm, means theinstructions
from the manufacturer, packaged with the alarm,Page 114Current as at [Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104RA]Notauthorised—indicativeonlydealingwiththeoperation,testingandmaintenanceofthealarm.operateswhentested,forasmokealarm,seesection104RAA.residential landmeans land on
which a domestic dwelling isconstructed.smoke alarm
informationsee section 104RL.sole-occupancyunitinaclass2buildingmeansasole-occupancy unit, as defined under
the Building Code ofAustralia, in a building classified as
a class 2 building underthat Code.smokealarmrequirementprovisionmeanseachofthefollowing—(a)section 104RB;(b)section 104RBA.tenancymeans the right to occupy residential
premises givenunderaresidentialtenancyagreementtowhichtheResidential Tenancies and Rooming
Accommodation Act 2008applies.tenantmeans a person to whom the right to occupy
residentialpremisesisgivenunderaresidentialtenancyagreementtowhichtheResidentialTenanciesandRoomingAccommodation
Act 2008applies, and includes the subtenantof a
tenant.transferdate,forresidentialland,meansthedatethetransferee of the land is entitled to
possession of the land.transferee,ofresidentialland,meansthepersonwho,onbecomingentitledtopossessionoftheland,maylodgeanapplication for registration—(a)undertheLandAct1994,asalessee,orpersonalrepresentative
of a deceased lessee, of the land; or(b)under theLand Title Act
1994, as an owner, or personalrepresentative of a deceased owner, of the
land.Current as at [Not applicable]Page
115
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104RAA]transferor, of residential
land, means—(a)if,immediatelybeforethetransferdatefortheresidentialland,amortgageeinpossessionundertheProperty Law Act 1974is
in possession of the land—themortgagee in
possession; or(b)otherwise—thepersonregistered,immediatelybeforethe
transfer date for the land—(i)under theLand Act
1994, as a lessee, or personalrepresentative of a deceased lessee, of the
land; or(ii)under theLand
Title Act 1994, as an owner, or thepersonal
representative of a deceased owner, of theland.(2)Subsection (1), definitionsmoke alarm requirement provision,paragraph(a)andthissubsectionexpireon31December2026.104RAA When smoke
alarmoperates when tested(1)Asmokealarmoperateswhentestedifitoperateswhentested in a way required under subsection
(3).(2)Also, a smoke alarm powered by a
battery that is capable ofbeing replacedoperates when
testedif—(a)the battery in
the smoke alarm is replaced; and(b)after the battery is replaced, the smoke
alarm operateswhen tested in the way required under
subsection (3).(3)A smoke alarm installed in a domestic
dwelling must be testedas follows—(a)for
an alarm that can be tested by pressing a button orother device to indicate whether the alarm
is capable ofdetectingsmoke—bypressingthebuttonorotherdevice;(b)otherwise—(i)by
being tested by the owner of the dwelling in theway
stated in the manufacturer’s instructions; orPage 116Current as at [Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104RB](ii)by being tested
by a tenant of the dwelling in theway stated in
the information statement.Notauthorised—indicativeonly104RB
Owner must install smoke alarm—requirements beingphased out by 31 December 2026Note—The requirements
in this section will not apply after 31 December 2026.However, before this section expires, these
requirements are replacedby the requirements in section 104RBA
in particular circumstances.(1)The
owner of a domestic dwelling must install smoke alarmsin
the dwelling in compliance with this section.Maximum
penalty—5 penalty units.(1A)However, this
section does not apply to a domestic dwelling ifsection 104RBA applies to the
dwelling.(2)EachsmokealarmmustcomplywithAS3786–2014(Australian
standard for smoke alarms using scattered light,transmittedlightorionization)andmustbeinstalledinaccordance with—(a)forasole-occupancyunitinaclass2building—specification E
2.2a, clause 3(c)(i) of the Building Codeof Australia;
or(b)foraclass1abuilding—specification3.7.2.3oftheBuilding Code of
Australia.(3)This section expires on 31 December
2026.104RBA Owner must install smoke alarm(1)This section applies to a domestic
dwelling if—(a)anapplicationforabuildingdevelopmentapprovalismade after 31 December 2016;
and(b)the building work to which the
application relates is asubstantial renovation; and(c)afinalinspectioncertificateorcertificateofclassification is issued for the building
work.Current as at [Not applicable]Page
117
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104RBA](2)This
section also applies to a domestic dwelling if, after 31December 2021—(a)the
owner of the residential land on which the dwellingisconstructedentersintoanagreementtotransfertheland
to another person; or(b)anewtenancyforthedwellingstartsoranexistingtenancy for the dwelling is renewed.(3)The owner of a domestic dwelling must
install smoke alarmsin the dwelling in compliance with
this section.Maximum penalty—5 penalty units.(4)A smoke alarm must be installed in
each place in the domesticdwelling required by a
regulation.(5)Each smoke alarm must—(a)be powered in a way prescribed by
regulation; and(b)complywithotherrequirementsprescribedbyregulation; and(c)havebeenmanufacturedlessthan10yearsbeforethesmoke alarm is installed; and(d)operate when tested; and(e)be interconnected to every other smoke
alarm installedin the domestic dwelling.(6)A smoke alarm (thefirst smoke
alarm) is interconnected toanother smoke
alarm if—(a)the first smoke alarm sounds an alert
if the other smokealarm is activated because its sensor
detects smoke; and(b)the other smoke alarm sounds an alert
if the first smokealarm is activated because its sensor
detects smoke.(7)Subsections(1)and(2)andthissubsectionexpireon31December
2026.(8)Building work is asubstantial
renovationif—Page 118Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s
104RBB](a)thebuildingworkiscarriedoutunderabuildingdevelopmentapprovalforalterationstoanexistingbuilding or
structure; and(b)thealterations,andanypreviousstructuralalterationsapproved or
completed in the previous 3 years, representmore than half
of the volume of the existing building orstructure,
measured over its roof and external walls.(9)In
this section—buildingdevelopmentapprovalseetheBuildingAct1975,schedule 2.building
worksee theBuilding Act
1975, section 5.certificateofclassificationseetheBuildingAct1975,schedule 2.final inspection
certificatesee theBuilding Act
1975, section10(d)(ii).104RBB Alternative
compliance with smoke alarm requirementprovision(1)Anownerofasole-occupancyunitinaclass2buildingistaken to comply with a smoke alarm
requirement provision ifasmokedetectionsystemthatcomplieswiththeBuildingCode of
Australia, specification E2.2a, clause 4 is installed inthe
unit.(2)If it is impracticable for an owner of
a domestic dwelling toputasmokealarmatthelocationrequiredunderasmokealarm
requirement provision, the owner may put the alarm atanother location that will provide a warning
to occupants ofthe dwelling.Example—A
smoke alarm that is regularly activated by steam from a bathroom
orsmoke or fumes from a kitchen may be moved
to another appropriatelocation.(3)Thissectionappliesdespiteasmokealarmrequirementprovision.Current as at
[Not applicable]Page 119
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104RC]104RC Owner must
replace smoke alarm(1)Theownerofadomesticdwellingmustreplaceasmokealarm in the
dwelling under this section within 10 years afterthe
day the smoke alarm was manufactured.Maximum
penalty—5 penalty units.(2)Also,ifasmokealarminadomesticdwellingdoesnotoperatewhentested,theownerofthedwellingmustimmediately replace the smoke alarm under
this section.Maximum penalty—5 penalty units.(3)Ifthesmokealarmbeingreplacedwashardwiredtothedomestic dwelling’s electricity
supply, the replacement smokealarm must be
hardwired to the dwelling’s electricity supply.(4)Also, the replacement smoke alarm
must—(a)ifsection104RBappliestothedomesticdwelling—comply with
section 104RBA(5)(b) to (d); or(b)if
section 104RBA applies to the domestic dwelling—comply with section 104RBA(5).(5)Subsection (4)(a) and this subsection
expire on 31 December2026.104RD Testing
smoke alarms(1)Within30daysbeforethestartofatenancyinadomesticdwelling,thelessormusttesteachsmokealarminthedwelling in
compliance with section 104RAA(3).Maximum
penalty—5 penalty units.(2)During a tenancy
in a domestic dwelling, the tenant must testeach smoke alarm
in the dwelling, in compliance with section104RAA(3), at
least once every 12 months.Maximum
penalty—5 penalty units.Page 120Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104RE]104RE
Replacing the batteries(1)This section
applies to batteries in smoke alarms installed in adomestic dwelling.(2)Within 30 days before the start of a tenancy
in the dwelling,the lessor must replace, in accordance with
the manufacturer’sinstructions,eachbatterythatisspentorthatthelessorisaware is almost spent.Maximum
penalty—5 penalty units.(3)During a tenancy
in the dwelling, the tenant must replace, inaccordance with
the information statement, each battery thatis 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 chirpingsound) when its battery is almost
spent.104RF Tenant must advise lessor if smoke
alarm needsreplacing(1)This
section applies during a tenancy in a domestic dwelling.(2)If the tenant is aware a smoke alarm
in the dwelling has failedor is about to fail, other than
because the battery is spent oralmostspent,thetenantmustadvisethelessorassoonaspracticable.Maximum
penalty—5 penalty units.104RG Cleaning smoke alarms(1)Within30daysbeforethestartofatenancyinadomesticdwelling,thelessormustcleaneachsmokealarminthedwelling in the
way stated in the manufacturer’s instructions.Maximum
penalty—5 penalty units.(2)Duringatenancyinadomesticdwelling,thetenantmustclean each smoke alarm in the dwelling, in
the way stated inthe information statement, at least once
every 12 months.Current as at [Not applicable]Page
121
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104RH]Maximum
penalty—5 penalty units.Example—The
manufacturer’s instructions or information statement may
requirecleaning with a vacuum cleaner to remove
dust and other materials thatmay hinder smoke
alarm performance.104RH Person must not interfere with smoke
alarm(1)A person must not—(a)remove a smoke alarm installed in a domestic
dwelling;or(b)removethebatteryfromasmokealarminstalledinadomestic dwelling; or(c)do anything that would reduce the
effectiveness of thewarningprovidedbyasmokealarminstalledinadomestic
dwelling.Maximum penalty—5 penalty units.(2)However, nothing in this section stops
a person from doingany of the following—(a)removing a smoke alarm to comply with
section 104RC;(b)removingasmokealarmtoputitinalocationthatcomplies with
this division;(c)removingthebatteryfromasmokealarmtocomplywith section
104RE.104RIDivision applies for all alarms(1)Thisdivision,otherthanasmokealarmrequirementprovision,
applies in relation to a smoke alarm installed in adomesticdwellingeventhoughthesmokealarmisnotrequiredtobeinstalledunderasmokealarmrequirementprovision.(2)However,nothinginthisdivisionstopstheownerofadomestic dwelling—Page 122Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104RJ](a)installing a smoke alarm in the
dwelling, in addition tothe smoke alarms required to be
installed in the dwellingunder a smoke alarm requirement
provision, whether ornot the additional smoke alarm
complies with a smokealarm requirement provision; or(b)removingasmokealarmthatisnotrequiredtobeinstalled under a smoke alarm
requirement provision.104RJ Agent may act for owner(1)Arequirementimposedonanownertocomplywiththisdivision in
relation to a smoke alarm at a domestic dwellingmay
be complied with for the owner by the owner’s agent.(2)However,iftheownerisalessor,subsection
(1)doesnotpermit the lessor’s tenant to be, and the
lessor’s tenant mustnot be, the lessor’s agent for the
purpose of complying withthis division.104RK Notice to
transferee of residential land about smokealarms(1)The transferor of residential land
must, on or before the dateofpossessionfortheland,givethetransfereeofthelandwritten notice
of whether smoke alarms complying with thisdivision are
installed in the domestic dwelling on the land.Maximum
penalty—5 penalty units.(2)However,
subsection (1) does not apply if—(a)the
transferor became transferor of the residential landunder an agreement to transfer the land;
and(b)the date of the agreement is before 1
July 2007.(3)The transferor must not state anything
in the notice that thetransferor knows is false or
misleading in a material particular.Maximum penalty
for subsection (3)—5 penalty units.Current as at
[Not applicable]Page 123
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104RL]104RL Notice to
commissioner about smoke alarms and othermatters(1)The transferor of residential land
must, within 90 days afterthe date of possession for the land,
give the commissioner awritten notice stating the following
information (smoke alarminformation)—(a)the full names of the transferor and
transferee;(b)theaddressesofthetransferorandtransfereeimmediately
after the date of possession for the land;(c)the
property details of the land;(d)the
current use of the land;(e)if there was an
agreement for the transfer of the land—the date of the
agreement;(f)the date of possession for the
land;(g)whether smoke alarms complying with a
smoke alarmrequirementprovisionwereinstalledinthedomesticdwelling on the land at the date of
possession;(h)whether the transferor has given the
transferee writtennoticeofwhethersmokealarmscomplyingwithasmoke alarm requirement provision were
installed in thedomestic dwelling on the land at the date of
possession.Maximum penalty—5 penalty units.(2)However, subsection (1) does not apply
if—(a)the transferor became transferor of
the residential landunder an agreement to transfer the
land; and(b)the date of the agreement is before 1
July 2007.(3)Also,thetransferorisnotrequiredtocomplywithsubsection (1)ifaproperlycompletedpropertytransferinformationform,togetherwithanapplicationforregistration, is given to—(a)foranapplicationforregistrationundertheLandAct1994—the chief
executive (land); orPage 124Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104RM](b)for an application for registration
under theLand TitleAct 1994—the
registrar.(4)Ifapropertytransferinformationformisgivenundersubsection (3), the commissioner may be
given access to theform but may use only the smoke alarm
information on theform.(5)In
this section—chiefexecutive(land)meansthechiefexecutiveofthedepartment in
which theLand Act 1994is
administered.property transfer information formmeans a form that—(a)gives smoke alarm information and
information about achange of ownership required under other
Acts; and(b)maybegiventothechiefexecutive(land)ortheregistrar.registrarsee
theLand Titles Act 1994, schedule
2.104RM Notice to buyer of manufactured home
about smokealarms(1)Thissectionappliesifthehomeownerforasiteinaresidential park
(theseller) on which a
manufactured home ispositioned proposes—(a)to sell the home to a person
(thebuyer); and(b)to assign the seller’s interest in the
site agreement for thesite to the buyer.(2)The
seller must give the buyer a written notice in the form ofassignmentofwhethersmokealarmscomplyingwiththisdivision are installed in the manufactured
home.Maximum penalty—5 penalty units.(3)However, the seller does not have to
give written notice if theformofassignmentissignedbythesellerandthebuyerbefore 1 July
2007.(4)The seller must not state anything in
the notice that the sellerknows is false or misleading in a
material particular.Current as at [Not applicable]Page
125
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104S]Maximum penalty
for subsection (4)—5 penalty units.(5)In
this section—form of assignmentsee theManufactured Homes (ResidentialParks) Act 2003, section
47(1).home ownersee theManufactured Homes (Residential
Parks)Act 2003, section
8.manufacturedhomeseetheManufacturedHomes(Residential Parks) Act 2003,
section 10.residentialparkseetheManufacturedHomes(ResidentialParks) Act
2003, section 12.siteseetheManufacturedHomes(ResidentialParks)Act2003, section
13.siteagreementseetheManufacturedHomes(ResidentialParks) Act
2003, section 14.Division 6Regulations104SRegulations relating to this partThepoweroftheGovernorinCounciltomakeregulationsunder section
154 includes the power to make regulations foror with respect
to—(a)themaintenancefreefromobstructionofadequatemeans of escape
in the event of fire threatening any partof a
building;(b)the maintenance of fire safety
installations in buildingsincluding authorisation of the
removal, replacement orsubstitution of any fire safety
installation;(ba)regulatingtheinstallationandmaintenanceofsmokealarms;(c)regulatingthepresenceorusewithinbuildingsoffurniture,furnishings,fittings,equipment,paintsorPage 126Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104S]finishes of any description in order to
reduce the risk offire;(d)requiring the maintenance of fire and
evacuation plansin a specified form—(i)setting forth the action to be taken in the
event offire threatening a building;(ii)imposingobligationstoprovideinstructionsinpreparation for the event of fire or to take
specifiedaction in the event of fire threatening a
building;(e)requiring a fire and evacuation plan
or class of such aplan to be approved by the
commissioner;(f)requiringinstructionortrainingofpersonsvisiting,workinginorinhabitingabuildinginrelationtofireprevention and
fire safety generally;(g)imposingobligationstotakespecifiedactionintheevent of fire threatening a
building;(h)regulatingthenumbersofpersonsusingabuildingatany
one time;(i)requiringthestationingofpersonsatplaceswithinabuilding under specified
circumstances;(j)theprevention,controlorextinguishingoffiresinbuildings generally;(k)mattersnecessarytoprotectpersons,propertyandtheenvironmentfromfireandhazardousmaterialsemergencies;(l)applying the provisions of this part, with
adaptations ormodifications, to any premises or class of
premises otherthan buildings;(m)imposing obligations for the purpose of the
regulationsnotonlyuponoccupiersofbuildingsbutalsootherpersons where necessary or
convenient.Current as at [Not applicable]Page
127
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104SB]Part 9BReview of notices104SB Persons
aggrieved by notice may apply for reviewA person who is
aggrieved because the person has been givena notice under
section 69(2)(a) or part 9A or by the terms ofsuch a notice
may apply, as provided under the QCAT Act, toQCAT for a
review of the notice.104SF Relief from penalty pending
determination of review byQCAT(1)This
section applies if a person applies, as provided under theQCATAct,toQCATforareviewofanoticegivenundersection 104G or
104I(8) or an occupancy notice.(2)The
person is not liable to a penalty under this Act—(a)in the case of a notice given under
section 104G or anoccupancy notice—for any failure on the
person’s parttocomplywiththenoticeonandbeforethedateonwhich the person is given notice of the
determination ofthe review by QCAT; and(b)in
the case of a notice given under section 104I(8)—forany
use of a building, being a building use to which thenotice relates, on and from the date the
person is giventhe notice to and including the date the
person is givennotice of the determination of the review by
QCAT.104SG Assessors to help QCAT(1)In conducting a proceeding that is a
review of a notice givenundersection
69(2)(a)orpart9Aorthetermsofanotice,QCATmustbehelpedbythefollowingchosenbytheprincipalregistrarfromthelistmentionedinsection 104SI(3)—(a)atleast1assessornominatedundersection104SI(2)(b)(i);Page 128Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104SH](b)atleast1assessornominatedundersection104SI(2)(b)(ii);(c)if
the notice is an occupancy notice or a decision noticeundersection104KI—atleast1assessornominatedunder section 104SI(2)(b)(iii).(2)Apersonchosenundersubsection (1)(b)musthavebeennominated by the local government of the
area in which thepremises to which the notice relates are
situated.(3)For subsection (2)—(a)ifthelocalgovernmentisnotthepersonseekingthereview,thepersonnominatedmustbeapersonappointedtobeabuildingcertifierbythelocalgovernment; and(b)if
the local government is the person seeking the review,the
person nominated must be a person appointed to be abuilding certifier by another local
government.(4)Subsection (2) does not apply to a
review of a notice or theterms of a notice, given under section
69(2)(a), that relates topremises other than a building.(5)Despitesubsection
(1),aproceedingmaybeconductedwithoutthehelpofassessorsifthepresidingmemberissatisfied it is necessary because of
the urgency of the matter.(6)In this
section—presiding membersee the QCAT
Act, schedule 3.principal registrarsee the QCAT
Act, schedule 3.proceedingsee the QCAT
Act, schedule 3.104SH Function and powers of assessors(1)The function of an assessor is to help
QCAT decide questionsof fact in a proceeding.(2)To enable an assessor to perform the
assessor’s function, theassessor may, during a
proceeding—(a)ask questions of a witness in the
proceeding; andCurrent as at [Not applicable]Page
129
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 104SI](b)discuss a question of fact with a person
appearing for aparty in the proceeding.104SIAppointment of assessors(1)Thecommissionermust,foreachyear,appointpersonsasassessorsforhelpingQCATinproceedingsmentionedinsection 104SG(1).(2)A
person is qualified to be appointed as an assessor only if—(a)thecommissionerissatisfiedthepersonhastheknowledge,expertiseandexperiencerelevantforhelping QCAT in the proceedings;
and(b)the person is nominated by—(i)the chief executive of the department
in which theBuilding Act 1975is administered;
or(ii)a local
government in the State; or(iii)the
chief executive (liquor licensing).(3)The
commissioner must, at the beginning of each year, givetheprincipalregistraralistofthepersonsappointedasassessors for the year.(4)The list must state, for each person
appointed—(a)theareainwhichthepersonhasrelevantknowledge,expertise and
experience; and(b)whetherthepersonwasnominatedundersubsection (2)(b)(i), (ii) or (iii).104SJ
Disqualification from appointment as assessorA person may not
be appointed or continue as an assessor ifthepersonisnotqualified,orceasestobequalified,undersection 104SI(2).Page 130Current as at [Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 104SK]104SK
QCAT may have regard to assessor’s viewIn deciding a
question of fact in a proceeding, the member ormembers
constituting QCAT may, to the extent the member ormembers consider appropriate, have regard to
the views of anassessor helping QCAT.Notauthorised—indicativeonlyPart
10FundingDivision 1Interpretation105Definitions(1)In
this part—owner, used with
reference to real property, means the person(other than the
Crown) who is entitled to receive the rent ofproperty or who,
if the property were let, would be entitled toreceive the
rent, and includes—(a)any lessee or licensee from the Crown;
and(b)apurchaser(includingapurchaserfromtheCrown)under any
agreement giving possession of the property;and(c)a statutory corporation (whether or
not representing theCrown).prescribedpropertymeansrealproperty,whetherornotoccupied by any
person, that is within a levy district and thatis—(a)aparceloflandseparatelyheldbyanownerexcepteither a parcel
to which paragraph (b) applies or a parcelon which is
situated a building containing lots (withinthe meaning of
theBuilding Units and Group Titles Act1980); or(b)a portion of a parcel of land
separately held by an owner,wherethelocalgovernmentforthelocalgovernmentarea in which
the portion is situated determines that theCurrent as at
[Not applicable]Page 131
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 106]portionshouldbeclassedasaseparateparcelforthepurposes of this
part; or(c)alotwithinthemeaningoftheBuildingUnitsandGroup Titles Act 1980;the term does not include—(d)propertyvestedintheAboriginalandIslanderAffairsCorporation; or(e)property belonging to any class of property
prescribedunder a regulation not to be prescribed
property.(2)Toavoiddoubt,itisdeclaredthat,forthedefinitionprescribed
property, paragraph (a)—parcel of
landincludes a lot under theLandTitleAct1994that is also a
lot included in a community titles scheme undertheBody
Corporate and Community Management Act 1997.Division 2Matters relating
to fundcontributions106Constitution of levy districts(1)A regulation may—(a)constitute any portion of the State a levy
district for thisAct;(b)assign a name to or alter the name of a levy
district;(c)abolish a levy district;(d)alter the boundaries of a levy
district;(e)amalgamate 2 or more levy
districts;(f)divide a levy district into 2 or more
levy districts.(2)In any proceeding the production of
any map purporting to becertified by the commissioner as
showing the boundary of anylevy district or
alteration of the boundary of any levy district isevidence of the matters shown or
stated.Page 132Current as at
[Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 107]Notauthorised—indicativeonly107Liability to contribute(1)Foreachfinancialyeartheownersofprescribedpropertiesmust contribute
in accordance with this part to the cost of—(a)administering and giving effect to this Act;
and(b)managing the matters mentioned in
section 20(5)(b).(2)If a parcel of farming land shares a
boundary with 1 or moreother parcels of farming land (each
acontiguous parcel), andeach
of the contiguous parcels are owned by the same owner,thecontiguousparcelsare,forthispart,takentobe1prescribed
property.(3)Despite subsection (2), a portion of a
contiguous parcel that isa separate parcel under section
105(1), definitionprescribedproperty,
paragraph (b) is a separate prescribed property forthis
part.(4)Foreachfinancialyeartheremustbepaidfromtheconsolidated fund to the department,
for the fund—(a)an amount representing one-seventh of
the estimates forthefinancialyearinquestionoftheamounttobereceived from the owners of prescribed
properties otherthan prescribed properties owned by a
Commonwealthpublic trading enterprise; and(b)such further amount as the Treasurer
may authorise.(5)If,foranyfinancialyear,theTreasurerbelievesthatanyanticipatedreductionbytheCommonwealthinfinancialassistancepaymentstotheState(notincludinganygrantrelated to the
provision of fire services to properties owned bytheCommonwealth)willbeattributabletotheamountpayableunderthispartbyCommonwealthpublictradingenterprises as
owners of prescribed properties, the Treasurermay make a
corresponding reduction in the amount payableunder subsection
(4)(a).(6)In this section—Commonwealthpublictradingenterprisesmeansinstrumentalities of the Commonwealth liable
to pay the taxesand other charges of the State.Current as at [Not applicable]Page
133
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 108]farminglandmeanslandusedforfarmingwithinthemeaning of theLand Valuation
Act 2010, section 48.Notauthorised—indicativeonly108Annual
contributions of owners of prescribed properties(1)A regulation may prescribe the amounts
of the contributionsto be paid by owners of prescribed
properties for a financialyear.(2)A
regulation under subsection (1) shall prescribe the amountsof
the contributions by categorising prescribed properties andprescribing differing amounts of
contributions in accordancewith those
categories.(3)Categorisation of prescribed
properties is to be on the basesstated in the
regulation.Examplesofthebasesonwhichprescribedpropertiesmaybecategorised—1the
purposes for which properties are used2thenatureandavailabilityofservicessuppliedbyfireserviceentities servicing properties3thenatureandavailabilityoffacilitiesoffireserviceentitiesservicing
properties4the levy district or class of levy
districts in which properties arelocated5a combination of all or any of
examples 1, 2, 3 and 4(4)As soon as is
practicable after a regulation is made under thissection, the commissioner must give notice
in writing to eachlocal government of the amounts of
contributions payable byowners of prescribed properties in
respect of the financial yearto which the
regulation relates.109Annual returns by local
governments(1)To enable the amounts of contributions
payable by owners ofprescribedpropertiestobeassessedinrespectofeachfinancialyear,eachlocalgovernmentmustfurnishtothecommissionerareturndisclosingtheparticularsprescribedunder a
regulation relating to properties that—Page 134Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 110](a)are within its area and within a levy
district; and(b)are or will be prescribed properties
during the financialyear to which the return
relates.(2)A return must be furnished—(a)before the last day of April
immediately preceding thefinancial year to which it relates;
or(b)before such other date as the
commissioner appoints, bynotification published in the
gazette.110Discount for pensioners(1)In this section—pensionermeans a person in receipt of a pension under
anylawoftheCommonwealthoroftheStatedeclared,orbelonging to a class of pension declared,
under a regulationfor the purposes of this section.(2)The Governor in Council may by
regulation declare that eachpensioner, who
is the owner of a prescribed property that isthe principal
place of residence of that pensioner, be granted adiscount on the contributions payable
pursuant to this part inrespectofthatpropertyatsuchrateasisspecifiedintheregulation.(3)If a
pensioner entitled to a discount in respect of prescribedproperty is not the sole owner, the discount
is an amount thatbearstotheamountofthediscounttowhichthepensionerwouldhavebeenentitledasthesoleowner,thesameproportion as
the pensioner’s interest in the property bears tothe
total of the interests of all owners of the property.(4)For the purposes of subsection
(3)—(a)owners who hold interests in a
property as joint tenantsare taken to hold interests in the
property as tenants incommon in equal shares; and(b)a pensioner who holds an interest in a
property is takentoalsoholdanyinterestinthepropertyheldbythespouse of the
pensioner.Current as at [Not applicable]Page
135
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 111]111Duties of owner of prescribed property and
localgovernment(1)An
owner of prescribed property must, in accordance with thispart, pay to the local government in whose
area the property issituated the annual contributions in
respect of the property andanyotheramountsthelocalgovernmentisauthorisedtoimpose pursuant to this part.(2)Subjecttothispartalocalgovernmentmustcollectthoseannual contributions and other
amounts.112Determinations and notifications of
contributions(1)In respect of each financial year, a
local government as at thefirst day of the financial
year—(a)must determine the prescribed
properties within its area;and(b)mustdeterminetheannualcontributionspayableinrespectofprescribedpropertiesbyreferencetothecategoriesprescribedunderaregulationmadeundersection
108.(2)Afteralocalgovernmentmakesitsdeterminationsforanyfinancialyear,itmustgivetheownerofeachprescribedproperty within
its area a levy notice stating—(a)the
annual contribution in respect of the property; and(b)the amount of any arrears (including
interest and othercharges)ofannualcontributioninrespectoftheproperty.113Appeal against local government’s
determination(1)Anownerofpropertytowhomalevynoticeisgivenmayappeal to the commissioner on any of the
following groundsand on no other grounds—(a)that
the property is not prescribed property;Page 136Current as at [Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 113]Notauthorised—indicativeonly(b)that an amount shown in the notice is
incorrect becauseofatypographical,mathematicalorsimilarerror,includingatypographicalorsimilarerrorincorrectlycategorising the
property;(c)that,fordeterminingthecontributionspayableundersection
108—(i)thelocalgovernmenthasincorrectlycategorisedtheproperty,otherthanbecauseofanerrormentioned in paragraph (b); or(ii)theprescribedpropertyshouldinthecircumstancesbetakentobewithinacategoryotherthanthecategoryonwhichthelocalgovernment based
its determination.(2)A person wishing to appeal must lodge
a notice to that effectwith the commissioner setting out the
grounds of the appealwithin 30 days after the levy notice
is given.(3)Thecommissionermayrequireanappellantorthelocalgovernment
concerned to provide information relevant to thedetermination of the appeal.(4)The commissioner may allow or reject
an appeal.(5)However,thecommissionerneednotconsideranappealagainst a levy
notice for the property if—(a)anappealagainstapreviouslevynoticeforthesameproperty has
been lodged under this section on a groundmentioned in
subsection (1)(a) or (c); and(b)the
appeal was rejected; and(c)sincetheappealagainstthepreviouslevynoticewaslodged,therehasnotbeenamaterialchangeofuseunder thePlanning Act 2016for the
property.(6)Ifthecommissionerallowsanappeal,therelevantlocalgovernment must—(a)amend the levy notice; or(b)revoke the levy notice; orCurrent as at [Not applicable]Page
137
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 114](c)revoke the levy notice and give a new levy
notice;in accordance with the determination of the
commissioner.(7)Ifthecommissionerallowsanappeal,therelevantlocalgovernment must refund to the appellant any
amount paid inrespectofcontributions,forthefinancialyeartowhichthenotice relates and for any previous
financial year, in excess ofthe amount
calculated in accordance with the commissioner’sdetermination.(8)IfthelocalgovernmenthasalreadymadepaymentstotheState in respect of those
contributions, the amount refundablemust be paid to
the appellant by the department.(9)The
determination of the commissioner in respect of an appealis
final.114Manner of giving notification(1)Alevynoticemaybegiventotheownerofprescribedproperty—(a)as an item on a rate notice given to
the owner in respectof that property; or(b)asaseparatenoticegivenbefore1Januaryofthefinancial year to which the notice
relates.(2)Where for any financial year a local
government gives to theowner of prescribed property in
respect of that property 2 ormore rate
notices, each relating to part of that financial year, alevy
notice is taken to be given to the owner in accordancewith
subsection (1)(a) if each rate notice contains an item forthe
payment in respect of that property of—(a)suchamountasbearstothetotaloftheannualcontribution for
the financial year the same proportionastheperiod(inmonths)forwhichtheratenoticeisgiven bears to 12; and(b)the amount of any arrears of annual
contribution.(3)Where notification is given as a
separate notice, that notice istaken to be a
rate notice under theLocal Government Act 2009Page
138Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 115]or,
in the case of Brisbane City Council, theCity of
BrisbaneAct 2010.(4)A notification must not be given as an
item on a rate noticeunless—(a)where only 1 rate notice is given for a
financial year—thatratenoticeisgivenbefore1Januaryofthatfinancial
year;(b)where 2 or more rate notices are given
for a financialyear—the first of those notices is given
before 1 Januaryof that financial year.115Annual contribution etc. deemed to be
rates(1)An amount shown in a levy notice,
whether given by way of aseparate notice or an item on a rate
notice, is taken to be ageneral rate levied by the local
government and the relevantprovisions
relating to generalrates apply with all necessarymodifications.(2)In
this section—relevantprovisionsmeanstheprovisionsoftheLocalGovernment Act
2009orCity of Brisbane Act 2010prescribedunder a
regulation.(3)Notwithstandingsubsections
(1)and(2),ratesorchargesmadeandleviedundertheLocalGovernmentAct2009orCityofBrisbaneAct2010areinprioritytoamountsthat,pursuant to subsection (1), are taken to be
general rates.116Contribution to be paid into fund of
local governmentAn amount received or recovered by a local
government underthis part must be paid into its operating
fund.117Retention of administration fee by
local governments(1)For each financial year, a local
government is entitled to anamount(anadministrationfee)forperformingfunctionsCurrent as at [Not applicable]Page
139
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 118]underthispart,includingdeterminingtheannualcontributionspayableforprescribedproperties,givinglevynotices and
collecting contributions for prescribed properties.(2)The administration fee for a financial
year may be kept fromannual contributions for prescribed
properties paid or payablefor the financial year.(3)Each local government may decide the
way in which it keepsthe administration fee.(4)Aregulationmayprescribethewayinwhichtheadministration fee is to be
calculated.118Payments by local governments to
department(1)A local government must from time to
time make payments tothe department, for the fund, out of
its operating fund frommoneysreceivedorrecoveredbythelocalgovernmentpursuant to this
part.(2)Theamountofapaymentshallbethetotalofthemoneysreceivedorrecoveredbythelocalgovernmentduringtherelevant financial year or declared
period less the total of allamountsretainedbythelocalgovernmentpursuanttosection 117.(3)An
amount payable under this section must be paid within 14daysaftertheexpirationofthefinancialyearordeclaredperiod to which
the amount relates or within such further timeas the
commissioner may allow.(4)Everypaymentmustbeaccompaniedbyareturnintheapproved form.(5)In
this section—declared periodmeans a period
in a financial year declaredunder a
regulation as a declared period.119Failure by local government to make
payment(1)Wherealocalgovernmentfailstopayanamountpayableundersection
118withintherequiredperiod,thelocalPage 140Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 120]government,fromthedayonwhichtheperiodexpires,isliable to pay to the department, for
the fund, interest on theamount at the percentage prescribed
under a regulation undertheCity of Brisbane
Act 2010or theLocal Government
Act2009for overdue
rates.(2)Any interest not paid by a local
government within the timespecifiedinawrittendemandforpaymentgivenbythecommissionerisrecoverable,togetherwithexpensesofrecovery, in a court of competent
jurisdiction.120Payments and interest to be
debtAll payments required to be paid to the
department pursuantto section 118 and all interest payable by a
local governmentpursuant to section 119 constitute a debt
due to the State andmay be sued for and recovered by the
State in any court ofcompetent jurisdiction.121Payment of arrears(1)Where any amount relating to contributions
payable in respectof prescribed property is in arrears, the
owner may apply inwriting to the local government in whose
area the property issituatedforapprovaltopaytheoutstandingamountininstalments.(2)The
local government may refuse the application or may grantit
subject to any conditions it thinks fit.122Notices about contributions(1)Where a local government—(a)fails to notify the owner of
prescribed property of anyamountrelatingtocontributionspayableinrespectofthat
property; or(b)in the opinion of the commissioner has
underestimatedany amount so payable;Current as at
[Not applicable]Page 141
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 123]the
commissioner may give anotice to the owner requiringpaymentoftheamountspecifiedinthenoticewithinsuchtime
and in such instalments (if any) as are specified.(2)Inacasereferredtoinsubsection
(1)(b),anoticemaybegivenbythecommissionerwhetherornottheamountascalculated by the local government has been
paid.Notauthorised—indicativeonly123Recovery of
arrears(1)Where any amount relating to
contributions remains unpaid atthe expiration
of the period specified for payment in a levynoticeoranoticegivenpursuanttosection 122andproceedingsforrecoveryoftheamounthavenotbeeninstituted or
have not been completed by the local governmentin whose area
the relevant prescribed property is situated, thecommissionermaytakeactioninacourtofcompetentjurisdictiontorecoverthatamountandinterestonthatamount.(2)Forsubsection
(1),therateoftheinterestisthepercentagedecided by the
local government, under theCity of
BrisbaneAct 2010or theLocal Government Act 2009, in
relation to anoverdueratefortheperiodforwhichtheamountremainsunpaid.(3)For
the purpose of subsection (1), the commissioner may takeanyaction(includingthesellingofland)thatalocalgovernmentmaytaketorecoverunpaidratesandforthatpurpose—(a)the amount outstanding is taken to be
rates unpaid to alocalgovernmentand,notwithstandingsection
115(3),to be in priority to any rates made and
levied in respectoftheprescribedpropertybythelocalgovernmentinwhose area the property is situated;
and(b)the commissioner is taken to be the
mayor of that localgovernment; and(c)anydocumentsignedbythecommissionerisaseffective as it would be if signed by
the mayor of thatlocal government.Page 142Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 124](4)Where a court makes an order against
the owner of prescribedproperty for the recovery of any
amount in an action referredtoinsubsection (1),itmayalsomakeanorderfortherecoveryofanyotheroutstandingamountrelatingtocontributions payable in respect of that
property that has notbeenpaidinaccordancewithnotificationgivenunderthispart.124Remitting contributionsIfthecommissionerbelievesthatitisnotpracticabletopursue the recovery of an amount relating to
contributions, thecommissioner may—(a)remit and wholly discharge the amount or any
part of it;or(b)enter into an
agreement with the person concerned forthe payment of a
composition in respect of the amount.125Proof
of amounts owing in relation to contributionsIn any
proceeding for the recovery of any amount relating tocontributions, a certificate signed by the
commissioner statingin respect of property identified in
the certificate—(a)thatthepropertywas,duringaspecifiedperiod,prescribed property; and(b)thatduringthatperiodthepropertywaswithinaspecified levy district and within the area
of a specifiedlocal government; and(c)thatduringthatperiodapersonwastheowneroftheproperty; and(d)that
the person owes any specified amount in respect ofcontributions;is evidence of
the matters stated.Current as at [Not applicable]Page
143
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 126]126Where
services of debt collector engaged(1)Where the commissioner or a local government
engages theservicesofadebtcollector(authorisedtoperformadebtcollectionactivityundertheDebtCollectors(FieldAgentsand Collection
Agents) Act 2014) for the purpose of collectinganyarrearsofannualcontributionpayablebyanownerofprescribed property, then, despite
section 27 of that Act, theownermayberequiredbythecommissionerorthelocalgovernmentbynoticeinwritingtopayanamount,notexceeding an amount representing the
prescribed per centumof the amount of arrears, by way of a
collection fee.(2)Theamount,ifnotpaidasrequired,isrecoverablebythecommissionerorthelocalgovernment,togetherwithanyexpenses of recovery, in a court of
competent jurisdiction.127Application of
Crown Proceedings ActAnyproceedingfortherecoveryofanyamount(includingcosts) taken
under this Act by a local government is taken tobe a
proceeding in respect of a claim by the Crown within themeaningoftheCrownProceedingsAct1980andtheprovisions of that Act apply
accordingly.128Levies not revenue in determining
remuneration ofemployees of local governmentNotwithstandinganyindustrialawardprovidingfortheclassificationorremunerationofanyemployeeofalocalgovernment
according to revenue received by it, in calculatingrevenue for that purpose—(a)money retained as a collection fee
under section 117 isincluded;(b)all
other money received or recovered under this part isexcluded.Page 144Current as at [Not applicable]
Division 3Fire and
Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 128A]Funding for rural fire brigadesNotauthorised—indicativeonly128ALocal government may make and levy
certain rates orcharges and contribute amounts raised to
rural firebrigadesA local
government may make and levy the following rates orcharges and contribute amounts raised to
rural fire brigadesoperating in its local government
area—(a)for Brisbane City Council—special
rates and charges, orseparate rates and charges, under
theCityofBrisbaneAct 2010;(b)foranotherlocalgovernment—specialratesandcharges, or separate rates and
charges, under theLocalGovernment Act
2009.Part 11Charges for
services128BDefinitions for pt 11In
this part—attend to, for a fire or
other incident—(a)means take all reasonable measures to
deal with dangerthatisormaybecausedbythefireorincidenttoaperson or property or the environment;
and(b)includesbeinginattendanceatafireorincidentinreadiness to act.servicemeans a service provided under this
chapter.Note—The content of
part 11 was previously included in section 144.128CCharges may be prescribed or fixed by
commissioner(1)A charge for a service may be
prescribed by a regulation.Current as at
[Not applicable]Page 145
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 128D](2)If a
charge for a service is not prescribed by a regulation, thecommissioner may fix a charge for the
service.(3)Theamountofachargefixedbythecommissionerundersubsection (2)mustbereasonableandnotmorethantheactual cost of providing the
service.128DPerson for whose benefit service
provided is liable forchargeA person for
whose benefit a service is provided is liable for acharge for the service prescribed by a
regulation or fixed bythe commissioner.128EPerson who causes fire or other incident is
liable forcharge(1)This
section applies if—(a)a service is provided that involves
attending to a fire oranother incident; and(b)a charge for the service is prescribed
by a regulation orfixed by the commissioner.(2)The person who caused the fire or
incident is liable for thecharge.(3)Ifthepersonmentionedinsubsection (2)isanagentoremployee of another person (theprincipal) and caused the
fireorincidentwhenactingwithinthescopeoftheagencyoremployment, the principal is also liable for
the charge.128FProperty owner etc. is liable for
charge for particularservice(1)This
section applies if—(a)a service is provided that involves
attending to a fire or ahazardousmaterialsemergencythatoccursinoronproperty or
endangers property; andPage 146Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 128G](b)a charge for the service is prescribed
by a regulation orfixed by the commissioner.(2)The owner of the property is liable
for the charge.(3)Ifthepropertyisaseagoingship,theship’smasterisalsoliable for the
charge.128GNo charge for attending to authorised
fire except inparticular circumstances(1)This
section applies if—(a)a service is provided that involves
attending to a fire litunder the authority of an Act;
and(b)a charge for the service is prescribed
by a regulation orfixed by the commissioner.(2)The only persons liable for the charge
are—(a)ifthepersonwholitthefireactedrecklesslyornegligently in lighting, or failing to
control, the fire—the person; and(b)if
the person mentioned in paragraph (a) is an agent oremployee of another person (theprincipal) and lit
thefireactingwithinthescopeoftheagencyoremployment—the principal.128HOwner of prescribed property liable
only for unwantedalarm charge(1)This
section applies if—(a)a service is provided that involves
attending to a fire orother incident at or on prescribed
property; and(b)a charge for the service is prescribed
by a regulation orfixed by the commissioner.(2)Theowneroftheprescribedpropertyisnotliableforthecharge unless
the service relates to attending to an unwantedalarm.Current as at [Not applicable]Page
147
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 128I](3)In this section—prescribed
propertysee section 105(1).unwanted
alarmsee section 104DA(6).Notauthorised—indicativeonly128IProperty owner
not liable for charge for attendance ongrass fire(1)This section applies if—(a)a service is provided that involves
attending to a grassfireatoron,orendangering,propertyotherthanprescribed property; and(b)a
charge for the service is prescribed by a regulation orfixed by the commissioner.(2)The owner of the property is not
liable for the charge unlessthe grass fire
was lit by—(a)the owner; or(b)anagentoremployeeoftheowneractingwithinthescope of the agency or employment.128JJoint and several liability for
chargesIf 2 or more persons are liable under this
part for a charge fora service, the liability is joint and
several.128KLiability for charge does not affect
other liabilityTheliabilityofapersontopayachargeforaserviceofattending to an unauthorised fire does
not affect the person’sliability to be proceeded against and
punished for lighting thefire.128LCommissioner may waive chargesThe
commissioner may waive all or part of a charge for whichapersonisliableunderthispartifthecommissionerisPage
148Current as at [Not applicable]
Fire
and Emergency Services Act 1990Chapter 4 State
Emergency Service, emergency service units and authorised
rescueofficers[s 129]satisfiedwaivingthecharge,orpartofthecharge,isreasonable in the circumstances.Notauthorised—indicativeonlyChapter 4State Emergency
Service,emergency service unitsand authorised
rescueofficersPart 1State Emergency ServiceDivision 1Continuation and functions129Establishment of SESThe
State Emergency Service (theSES) is
established.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
81.130FunctionsThe functions of
the SES are—(a)to perform rescue or similar
operations in an emergencysituation; and(b)to
perform search operations in an emergency or similarsituation; andExamplesofsearchoperationsinsituationssimilartoanemergency
situation—•a search for a lost bush walker•a search to find a weapon used in the
commission of analleged offenceCurrent as at
[Not applicable]Page 149
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 4 State Emergency Service, emergency
service units and authorised rescueofficers[s
131](c)toperformotheroperationsinanemergencysituationto—(i)help injured
persons; or(ii)protectpersonsorpropertyfromdangerorpotential danger associated with the
situation; and(d)to perform other activities to help
communities preparefor, respond to and recover from an event or
a disaster;and(e)to perform
activities to raise the profile of the SES orraise funds to
support the SES in the performance of itsother
functions.Note—ThecontentofthissectionwaspreviouslyincludedintheDisaster
Management Act 2003, section 82.Division 2Responsibilities of commissioner131Commissioner’s responsibilities for
SESThe commissioner’s responsibilities for the
SES are—(a)toestablishmanagementandsupportservicesfortheSES; and(b)to develop policies to help the SES
perform its functionseffectivelyandefficientlyincluding,forexample,policies about
training SES members; and(c)to
ensure—(i)thelocalcontrollerofanSESunitperformsthecontroller’s functions; and(ii)theSESperformsitsfunctionssafelyandefficiently.Note—The
content of this section was previously included in theDisasterManagement Act
2003, section 83.Page 150Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 4 State
Emergency Service, emergency service units and authorised
rescueofficers[s 132]Division 3Membership and
SES units132Membership(1)TheSESconsistsofthepersonsappointedbythecommissioner as SES members.(2)The commissioner may appoint a person
as an SES memberonly if satisfied the person has the
appropriate abilities to bean SES
member.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
84.133Establishment of SES units(1)ThecommissionermayestablishanSESunitforalocalgovernmentareaifsatisfiedthelocalgovernmentarearequires an SES unit to perform the
functions mentioned insection 130.(2)Before establishing an SES unit for a local
government area,the commissioner must consult with—(a)the local government for the local
government area; and(b)other entities
the commissioner is satisfied represent theinterests of the
community in the local government area.Note—The
content of this section was previously included in theDisasterManagement Act
2003, section 84A.134Local
controller of SES unit(1)The commissioner
is to appoint a member of an SES unit asthe local
controller of the unit.(2)The member
appointed as the local controller of an SES unitis
to be nominated by the local government for the area forwhich the unit performs SES
functions.Current as at [Not applicable]Page
151
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 4 State Emergency Service, emergency
service units and authorised rescueofficers[s
135](3)A person may be appointed as a local
controller at the sametime the person is appointed as an SES
member.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
85.135Function of local controllerThe
function of a local controller of an SES unit is to maintainthe
operational effectiveness of the unit by ensuring—(a)theunit’smembershavethenecessaryskillstocompetently perform their roles within
the unit; and(b)theunit’sequipmentismaintainedinanappropriatecondition;
and(c)the unit performs its functions and
other activities in awaythatisconsistentwithdepartmentalorlocalgovernmentpoliciesabouttheperformanceofthefunctions and activities.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
86.136SES coordinator(1)This
section applies if—(a)local government areas are affected by
a disaster; and(b)thecommissionerconsidersthenatureofthedisastergoes beyond the
capacity or capability of the SES unitsor the relevant
ES units in the local government areas.(2)ThecommissionermayappointapersonasanSEScoordinator to
coordinate the performance of SES functions inthe local
government areas.(3)The commissioner may act under
subsection (2) either—(a)on the
commissioner’s own initiative; orPage 152Current as at [Not applicable]
Fire
and Emergency Services Act 1990Chapter 4 State
Emergency Service, emergency service units and authorised
rescueofficers[s 136]Notauthorised—indicativeonly(b)ontherequestofalocalgovernmentwhoseareaisaffected by the disaster.(4)The commissioner must, before making
the appointment—(a)consultwitheachlocalgovernmentaffectedbythedisaster;
and(b)obtaintheapprovalofthechairpersonoftheStategroup.(5)The appointment must be in
writing.(6)ThecommissionermayonlyappointapersonasanSEScoordinator if
the commissioner is satisfied the person has thenecessary expertise and experience to
perform the functionsof an SES coordinator.(7)Thecommissionermustadvisethechairpersonofeachrelevantlocalgroupandtherelevantdistrictdisastercoordinator that an SES coordinator has been
appointed.(8)Thecommissionermustterminatetheappointmentifthecommissioner considers it is no longer
necessary for an SEScoordinator to be appointed.(9)Thecommissionermustadvisethechairpersonofeachrelevantlocalgroupandtherelevantdistrictdisastercoordinator of the termination of the
appointment.(10)In this
section—districtdisastercoordinatorhasthemeaninggivenbytheDisaster
Management Act 2003.localgrouphasthemeaninggivenbytheDisasterManagement Act
2003.relevantlocalgroupmeansthelocalgroupforalocalgovernment area affected by a
disaster.StategrouphasthemeaninggivenbytheDisasterManagement Act
2003.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
86A.Current as at [Not applicable]Page
153
Fire
and Emergency Services Act 1990Chapter 4 State
Emergency Service, emergency service units and authorised
rescueofficers[s 137]Notauthorised—indicativeonly137Functions of SES
coordinator(1)An SES coordinator has the following
functions—(a)to coordinate the performance of SES
functions in thelocalgovernmentareasforwhichthecoordinatorisappointedincircumstanceswhereSESorESunitresourcesaremadeavailablewithinthelocalgovernmentareasfromoutsidethelocalgovernmentareas;(b)to provide advice to local controllers
of the SES unitsandESunitcoordinatorsoftherelevantESunitsabout—(i)SES functions; and(ii)managing the safety and fatigue of the
members ofthe SES units and relevant ES units;
and(iii)logistical and
financial matters;(c)toperformotherfunctionsagreedbetweentheSEScoordinatorandthelocaldisastercoordinatorfortherelevant local group.(2)InperformingtheSEScoordinator’sfunctions,thecoordinator must have regard to—(a)the advice of the local disaster
coordinator for a relevantlocal group; and(b)any
applicable disaster management plans.(3)The
SES coordinator may perform a function in relation to therelevant ES unit only to the extent the
function relates to therelevant ES unit’s SES
functions.(4)In this section—disastermanagementplanhasthemeaninggivenbytheDisaster Management Act 2003.localdisastercoordinatorhasthemeaninggivenbytheDisaster
Management Act 2003.localgrouphasthemeaninggivenbytheDisasterManagement Act
2003.Page 154Current as at
[Not applicable]
Fire
and Emergency Services Act 1990Chapter 4 State
Emergency Service, emergency service units and authorised
rescueofficers[s 138]relevantlocalgroupmeansthelocalgroupforalocalgovernment area affected by a
disaster.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
86B.Notauthorised—indicativeonlyDivision 4Functions of SES
units138Functions of SES unit(1)The functions of an SES unit are the
SES functions—(a)the commissioner considers appropriate
for the unit; and(b)of which the unit has been advised
under section 139.(2)TodecidethefunctionsofanSESunit,thecommissionermust have regard
to the following—(a)the needs of the community in the
relevant area;(b)the needs of the community in other
local governmentareas in which disaster operations need to
be carried out;(c)whetherthemembersoftheunithavetheabilitiestocompetently perform the functions;(d)the resources available to the
unit;(e)whethertheunitcanappropriatelymaintaintheequipmentnecessaryfortheunittoperformthefunctions.(3)Also,beforedecidingthefunctionsofanSESunit,thecommissioner must consult with the
local government for therelevant area.(4)In
this section—relevantarea,foranSESunit,meanstheareaoflocalgovernment in
which the SES unit will perform its functions.Note—The
content of this section was previously included in theDisasterManagement Act
2003, section 87.Current as at
[Not applicable]Page 155
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 4 State Emergency Service, emergency
service units and authorised rescueofficers[s
139]139Notice of functionsThe
commissioner must inform each SES unit of its functionsin
writing.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
88.Division 5Agreements140Agreements between department and each
localgovernment to define responsibilities of
each partyThe commissioner may enter into an agreement
with a localgovernment that sets out the
responsibilities of each party inrelation to the
SES in the local government’s area.Note—The
content of this section was previously included in theDisasterManagement Act
2003, section 88A.Part 2Emergency service unitsDivision 1Establishment and functions141Establishment of ES units(1)The commissioner may establish an
emergency service unit(anES unit)
for an area of the State (anemergency
servicearea) if
satisfied—(a)the area is in a remote or rural
location; and(b)the establishment of the unit would
help the communityin the area to use resources available to it
to provide fortheeffectiveandefficientperformanceofafunctionunder section
142(1).Page 156Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 4 State
Emergency Service, emergency service units and authorised
rescueofficers[s 142](2)Before establishing an ES unit for an
area, the commissionermust consult with—(a)eachlocalgovernmentwhoseareaiscompletelyorpartly in the area; and(b)other entities the commissioner is satisfied
represent theinterests of the community in the
area.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
89.142Functions(1)The
functions of an ES unit are any of the following functionsthe
commissioner considers appropriate for the unit—(a)an SES function;(b)fire
fighting or fire prevention.(2)IndecidingthefunctionsofanESunit,thecommissionermust have regard
to the following—(a)theneedsofthecommunityintheemergencyservicearea for the
unit;(b)whetherthemembersoftheunithavetheabilitiestocompetently perform the function;(c)the resources available to the
unit;(d)whethertheunitcanappropriatelymaintaintheequipmentnecessaryfortheunittoperformthefunction.(3)Also,beforedecidingthefunctionsofanESunit,thecommissionermustconsultwitheachlocalgovernmentwhose area is
completely or partly in the emergency servicearea in which
the unit performs its functions.Note—The
content of this section was previously included in theDisasterManagement Act
2003, section 90.Current as at
[Not applicable]Page 157
Fire
and Emergency Services Act 1990Chapter 4 State
Emergency Service, emergency service units and authorised
rescueofficers[s 143]143Notice of functionsThe
commissioner must inform each ES unit of its functionsin
writing.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
91.Notauthorised—indicativeonlyDivision 2Commissioner’s
responsibilities144Commissioner’s responsibilities for ES
unitsThe commissioner’s responsibilities for an
ES unit are—(a)toestablishmanagementandsupportservicesfortheunit; and(b)to develop policies to help the unit
perform its functioneffectivelyandefficiently,including,forexample,policies about
training for members of the unit.Note—The
content of this section was previously included in theDisasterManagement Act
2003, section 92.Division 3Membership145Commissioner may appoint ESU members(1)AnESunitconsistsofthepersonsappointedbythecommissioner as members of the unit
(each anESU member).(2)The commissioner may appoint any of
the following personsas an ESU member—(a)an
SES member;(b)anhonoraryambulanceofficerundertheAmbulanceService Act
1991;(c)a member of a
group registered as a rural fire brigadeunder section
79;Page 158Current as at
[Not applicable]
Fire
and Emergency Services Act 1990Chapter 4 State
Emergency Service, emergency service units and authorised
rescueofficers[s 146](d)anotherpersonthecommissionerissatisfiedhastheabilities to be an ESU member.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
93.Notauthorised—indicativeonly146ES unit coordinator(1)The commissioner is to appoint a
member of an ES unit as theES unit
coordinator of the unit.(2)ThememberappointedasanESunitcoordinatoristobenominatedbythelocalgovernmentswhoseareasarecompletely or partly in the emergency
service area for whichthe ES unit is established.(3)A person may be appointed as an ES
unit coordinator at thesame time the person is appointed as
an ESU member.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
94.146AFunction of ES unit coordinatorThefunctionofanESunitcoordinatorofanESunitistomaintaintheoperationaleffectivenessoftheunitbyensuring—(a)theunit’smembershavethenecessaryskillstocompetently perform their roles within
the unit; and(b)theunit’sequipmentismaintainedinanappropriatecondition;
and(c)the unit performs its functions and
other activities in awaythatisconsistentwithdepartmentalorlocalgovernmentpoliciesabouttheperformanceofthefunctions and activities.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
95.Current as at [Not applicable]Page
159
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 4 State Emergency Service, emergency
service units and authorised rescueofficers[s
147]Division 4Matters about ES
units withfunction of fire fighting or fireprevention147Application of div 4This division
applies to an ES unit that, under section 142(1),has
the function of fire fighting or fire prevention.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
96.147AAppointment of fire coordinator(1)The commissioner is to appoint a
member of the unit as thefire coordinator for the unit.(2)Thecommissionermayappointapersonasthefirecoordinatoronlyifsatisfiedthepersonhasthenecessaryexpertiseorexperiencetoexercisethepowersofthefirecoordinator
under section 147B.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
97.147BPowers of fire coordinator(1)Thissectionappliestoapersonappointedundersection 147A(1)
as a fire coordinator for an ES unit.(2)The
person has, for controlling and extinguishing a fire in theunit’s emergency service area, the powers of
an authorised fireofficer under this Act.(3)However—(a)thecommissionermay,bywrittennotice,imposeconditions on
the exercise of the powers by the person;andPage
160Current as at [Not applicable]
Fire
and Emergency Services Act 1990Chapter 4 State
Emergency Service, emergency service units and authorised
rescueofficers[s 147C](b)ifthecommissionergivesthepersonwrittennoticeimposingconditions—thepersonmayexercisethepowers only subject to the
conditions.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
98.Notauthorised—indicativeonly147CParticular ESU members subject to
direction(1)ThissectionappliesifanESunitisassistinginoperationsunder this Act
for controlling or extinguishing a fire.(2)ThemembersoftheESunitwhoareassistingintheoperationsaresubjecttothedirectionofthepersonwho,under this Act, is in charge of the
operations.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
99.Part 3Codes of
practice for SES unitsand ES units147DCommissioner may make code of
practice(1)Thecommissionermayfromtimetotimeissuecodesofpractice about any of the following—(a)theconductorpracticeofSESmembersorESUmembers;(b)theoperationofSESunitsorESunits,toprovideguidance to SES
members or ESU members;(c)othermattersthecommissionerconsidersappropriatefor the
effective performance of the functions of—(i)SES
members; or(ii)SES units;
or(iii)ESU members;
orCurrent as at [Not applicable]Page
161
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 4 State Emergency Service, emergency
service units and authorised rescueofficers[s
148](iv)ES units.(2)The commissioner must, as soon as
practicable after issuing acode of
practice, give a copy of the code to—(a)foracoderelatingtotheSES,SESmembersorSESunits—each SES unit; and(b)for a code relating to ESU
members—each ES unit.(3)Toremoveanydoubt,itisdeclaredthat a code of
practiceissued by the commissioner under this
section is a statutoryinstrument.Note—The
content of this section was previously included in theDisasterManagement Act
2003, section 137.Part 4Authorised rescue officersDivision 1Appointment148Appointment(1)The
commissioner may appoint any of the following personsas
an authorised rescue officer—(a)an
SES member;(b)an ESU member who is a member of an
SES unit or anESunitthecommissionerconsidershasthenecessaryequipment to perform rescue or similar
operations;(c)a person who performs
emergency-related functions orsimilarfunctionsunderalawofanotherStateorcountry;(d)amemberofaclassofpersonsprescribedbyaregulation.(2)However,thecommissionermayappointapersonasanauthorised rescue officer only if
satisfied the person has thePage 162Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 4 State
Emergency Service, emergency service units and authorised
rescueofficers[s 148A]necessary expertise or experience to be an
authorised rescueofficer.Note—The
content of this section was previously included in theDisasterManagement Act
2003, section 100.148AAppointment conditions and limit on
powers(1)Anauthorisedrescueofficer holds office on any
conditionsstated in—(a)the
officer’s instrument of appointment; or(b)a
signed notice given to the officer; or(c)a
regulation.(2)The instrument of appointment, a
signed notice given to theofficer or a regulation may limit the
officer’s powers underthis Act.(3)In
this section—signed noticemeans a notice
signed by the commissioner.Note—The
content of this section was previously included in theDisasterManagement Act
2003, section 101.148BIssue
of identity card(1)Thecommissionermustissueanidentitycardtoeachauthorised
rescue officer.(2)The identity card must—(a)contain a recent photo of the officer;
and(b)contain a copy of the officer’s
signature; and(c)identify the person as an authorised
rescue officer underthis Act; and(d)state an expiry date for the card.Current as at [Not applicable]Page
163
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 4 State Emergency Service, emergency
service units and authorised rescueofficers[s
148C]Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
102.148CProduction or display of identity
card(1)In exercising a power under this Act
in relation to a person, anauthorised
rescue officer must—(a)beforeexercisingthepower,producetheofficer’sidentity card
for the person’s inspection; or(b)whenexercisingthepower,havetheidentitycarddisplayed so it is clearly visible to the
person.(2)However, subsection (1) does not apply
if, having regard tothe circumstances in which the power
is exercised, it is notpracticable for the authorisedrescueofficertocomplywiththe
subsection.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
103.148DResignationAnauthorisedrescueofficermayresignbysignednoticegiven to the commissioner.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
105.148EReturn of identity cardA
person who stops being an authorised rescue officer mustreturn the person’s identity card to the
commissioner within21daysafterthepersonstopsbeinganauthorisedrescueofficer, unless the person has a reasonable
excuse.Maximum penalty—50 penalty units.Page
164Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 4 State
Emergency Service, emergency service units and authorised
rescueofficers[s 149]Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
106.Division 2Powers of
authorised rescueofficers149General provision about powers(1)Inperforminganemergency-relatedfunction,anauthorisedrescue officer
may take reasonable steps to protect—(a)a
person who is trapped, or endangered in another way,in a
place; or(b)theofficeroranotherpersonfromdanger,potentialdanger or
assault.(2)Withoutlimitingsubsection (1),eachofthefollowingisareasonable step
for subsection (1)—(a)entering a place using reasonable
force;(b)searching any part of a place;(c)opening,usingreasonableforce,acontainerorotherthing;(d)removing any thing from a
place;(e)destroying or damaging premises, a
vehicle, container orother thing;(f)takingintoorontoaplacetheequipment,personsormaterialstheauthorisedrescueofficerreasonablyrequires to
exercise a power under this section;(g)directing a person to leave, or not to
enter, an area in ornear a place if the authorised rescue
officer reasonablyconsiders the direction is necessary to
protect a person’slife or health;Current as at
[Not applicable]Page 165
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 4 State Emergency Service, emergency
service units and authorised rescueofficers[s
149A](h)requiringapersonatorneartheplacetogivetheauthorised rescue officer reasonable help to
exercise theofficer’s powers under paragraphs (a) to
(f).(3)When giving a direction or making a
requirement mentionedin subsection (2)(g) or (h), the
authorised rescue officer mustwarnthepersonitisanoffencetofailtocomplywiththedirectionorrequirementunlessthepersonhasareasonableexcuse.Notes—For offences
about failing to comply with a direction or requirementunder section 149(2)(g) or (h), see sections
150C and 150D.The content of this section was previously
included in theDisasterManagement Act
2003, section 107.149APower
of entry(1)Anauthorisedrescueofficermayenteraplaceundersection 149(2) without a warrant or the
consent of the owneror occupier of the place.(2)However, if the occupier is present at
the place, the authorisedrescue officer must do, or make a
reasonable attempt to do, thefollowing things
before entering the place—(a)tell the
occupier the purpose of the entry;(b)seek
the consent of the occupier to the entry;(c)telltheoccupiertheauthorisedrescueofficerispermitted under this Act to enter the place
without theoccupier’s consent.(3)Subsection (2) does not require the
authorised rescue officerto take a step the officer reasonably
believes may frustrate orotherwisehindertheofficer’sabilitytogivetheprotectionmentioned in
section 149(1).Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
108.Page 166Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 5
General[s 149B]149BExercise of powers subject to
direction(1)This section applies to an authorised
rescue officer who is notan SES member or an ESU member.(2)In exercising a power under this
division, the officer is subjectto the
directions of an authorised rescue officer who is an SESmember or an ESU member.Note—The
content of this section was previously included in theDisasterManagement Act
2003, section 109.Chapter 5GeneralPart 1Offences150Lighting of grass fire prohibitedA
person must not light, or attempt to light, a grass fire
withthe intention of injuring a person or
property.Maximumpenalty—500penaltyunitsor5yearsimprisonment.Note—The
content of this section was previously included in section
146.150AInterference with fire apparatus
etc.A person must not wilfully and
unlawfully—(a)destroy,damage,remove,coverorotherwiseinterferewith
an apparatus designed for—(i)warning of fire,
including an alarm; or(ii)the prevention
of fire; or(iii)use in the event
of fire; orCurrent as at [Not applicable]Page
167
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 5 General[s 150B](b)enclose a fireplug so that it is
difficult to locate or use;or(c)obliterateorcoveramarkorsignusedforlocatingafireplug.Maximum
penalty—(a)iftheoffenceiscommittedduringastateoffireemergencyataplacetowhichthedeclarationofemergencyapplies—250penaltyunitsor1year’simprisonment;
or(b)otherwise—50 penalty units or 6 months
imprisonment.Note—The content of
this section was previously included in section 147(d)and
(e).150BFalse calls(1)A
person must not—(a)ask QFES to provide a fire and
emergency service at aplace unless the service is required
at the place; or(b)give a false alarm of fire.Maximum penalty—(a)iftheoffenceiscommittedduringastateoffireemergencyataplacetowhichthedeclarationofemergencyapplies—250penaltyunitsor1year’simprisonment;
or(b)otherwise—100 penalty units or 1
year’s imprisonment.(2)For subsection
(1), a request may be made orally, in writing orby
conduct.ExampleofconductbeingarequestforQFEStoprovideafireandemergency service at a place—activation of a break-glass alarm(3)An infringement notice under
theState Penalties EnforcementAct1999maybeissuedtoapersonforacontraventionofPage
168Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 5
General[s 150C]subsection (1)
only if a fire investigation officer is satisfied,having investigated, the person does not
have a lawful excuse.(4)In this
section—fireandemergencyservicemeansprotectionorrescuebyQFES
of—(a)persons,propertyandtheenvironmentfromfireandhazardous materials emergencies; or(b)personstrappedinavehicleorbuildingorotherwiseendangered.Note—The
content of this section was previously included in section
146A.150CObstruction of persons performing
functions(1)Apersonmustnotobstructanotherperson(anauthorisedperson) in
the performance of a function under this Act unlessthe
person has a reasonable excuse.Maximumpenalty—100penaltyunitsor6monthsimprisonment.(2)Ifapersonhasobstructedanauthorisedpersonandtheauthorised
person decides to proceed with the performance ofthefunction,theauthorisedpersonmustwarnthepersonthat—(a)it is an offence to obstruct the
authorised person unlessthe person has a reasonable excuse;
and(b)the authorised person considers the
person’s conduct tobe an obstruction.(3)In
this section—functionincludes
power.obstructincludesabuse,assault,hinder,resist,threatenandattempt or threaten to obstruct.Note—The content of
this section was previously included in section 147(a)and
theDisaster Management Act 2003,
section 115.Current as at [Not applicable]Page
169
Fire
and Emergency Services Act 1990Chapter 5
General[s 150D]150DFailure to assist or give reasonable
helpA person who is required to assist under
section 53(2)(j) orgive reasonable help under 149(2)(h) must
comply with therequirement, unless the person has a
reasonable excuse.Maximum penalty—100 penalty units.Notauthorised—indicativeonly150EFailure to comply
with requisition etc.A person must not fail to comply with
a requisition made, or adirection, notification or notice
given, under this Act, unlessthe person has a
reasonable excuse.Maximumpenalty—50penaltyunitsor6monthsimprisonment.Note—The
content of this section was previously included in section
147(b)and theDisaster
Management Act 2003, section 116.150FFailure to answer question or provide
informationA person who is required under this Act to
answer a questionorprovideinformationmustnot,unlessthepersonhasareasonable excuse—(a)fail
to answer the question or provide the information; or(b)giveananswer,orprovideinformation,thepersonknows is false
or misleading.Maximum penalty—30 penalty units.Note—The content of
this section was previously included in section 147(c).150GImpersonating authorised rescue
officer etc.A person must not pretend to be—(a)a fire service officer; or(b)an authorised rescue officer;
orPage 170Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 5
General[s 150H](c)an
ESU member; or(d)an SES coordinator; or(e)an SES member.Maximum
penalty—(a)100 penalty units; or(b)if the person pretends to be a fire
service officer during astateoffireemergencytowhichthedeclarationofemergencyapplies—250penaltyunitsor1year’simprisonment.Note—The
content of this section was previously included in section
147(g)and theDisaster
Management Act 2003, section 114.150HUsing
restricted expressions etc.(1)Apersonmustnot,unlessthepersonhasareasonableexcuse—(a)use a restricted expression without
the commissioner’swritten approval—(i)in,
or as, the name of a business carried on by theperson;
or(ii)toadvertiseorotherwisepromotegoodsorservices provided by the person; or(b)use the expressions ‘State Emergency
Service’ or ‘SES’,or a similar expression, in a way that
suggests the personis an SES member if the person is not an SES
member;or(c)use the
expressions ‘emergency service unit’ or ‘ESU’,or a similar
expression, in a way that suggests the personis an ESU member
if the person is not an ESU member.Maximum
penalty—40 penalty units.(2)In this
section—Current as at [Not applicable]Page
171
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 5 General[s 150I]restrictedexpressionmeansanyofthefollowingexpressions—(a)‘emergency service unit’;(b)‘ESU’;(c)‘ES
unit’;(d)‘Queensland Fire Service’;(e)‘Queensland Fire and Rescue
Service’;(f)‘Queensland Fire and Emergency
Service’;(g)‘State Emergency Service’;(h)‘SES’;(i)‘Queensland Fire and Rescue
Authority’;(j)‘QFS’;(k)‘QFRA’;(l)‘QFRS’;(m)‘QFES’;(n)anotherexpressionthatincludesanexpressionmentioned in
paragraphs (a) to (m).Note—The content of
this section was previously included in section 143 andtheDisaster Management Act 2003,
section 118.150IWarning device or lights on SES or ES
vehicle(1)Aperson,otherthananSESmemberoranESUmember,must not
activate a warning device or warning lights fitted toan
SES vehicle or ES vehicle.Maximum penalty—40 penalty
units.(2)AnSESmemberoranESUmembermustnotactivateawarning device or warning lights fitted to
an SES vehicle orES vehicle unless—Page 172Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 5
General[s 150J](a)the
warning device or warning lights are activated by thememberinrelationtotheperformanceofanSESfunction or an
ES function; and(b)thememberconsidersitnecessarytoactivatethewarning device or warning lights to ensure a
person’ssafety.Maximum
penalty—40 penalty units.Note—The content of
this section was previously included in theDisasterManagement Act 2003, section
139.150JLiability of executive
officer—particular offencescommitted by corporation(1)An executive officer of a corporation
commits an offence if—(a)the corporation
commits an offence against an executiveliability
provision; and(b)the officer did not take all
reasonable steps to ensure thecorporation did
not engage in the conduct constitutingthe
offence.Maximumpenalty—thepenaltyforacontraventionoftheexecutive liability provision by an
individual.(2)In deciding whether things done or
omitted to be done by theexecutiveofficerconstitutereasonablestepsforsubsection (1)(b), a court must have
regard to—(a)whether the officer knew, or ought
reasonably to haveknown,ofthecorporation’sconductconstitutingtheoffence against the executive liability
provision; and(b)whethertheofficerwasinapositiontoinfluencethecorporation’s conduct in relation to the
offence againstthe executive liability provision;
and(c)any other relevant matter.(3)Theexecutiveofficermaybeproceededagainstfor,andconvicted of, an offence against subsection
(1) whether or notCurrent as at [Not applicable]Page
173
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 5 General[s 150K]the
corporation has been proceeded against for, or convictedof,
the offence against the executive liability provision.(4)This section does not affect—(a)the liability of the corporation for
the offence against theexecutive liability provision;
or(b)the liability, under the Criminal
Code, chapter 2, of anyperson, whether or not the person is
an executive officerof the corporation, for the offence
against the executiveliability provision.(5)In this section—executiveliabilityprovisionmeansanyofthefollowingprovisions—•section 69(3)•section 104C•section 104D(1).executiveofficer,ofacorporation,meansapersonwhoisconcernedwith,ortakespartin,thecorporation’smanagement,whetherornotthepersonisadirectorortheperson’s position is given the name of
executive officer.Note—The content of
this section was previously included in section 151.150KIndictable and summary offences(1)Subject to subsections (2) and (3), an
offence against this Actis a summary offence.(2)IfthemaximumpenaltyforanoffenceagainstthisActisimprisonment for
2 years or more, the offence is an indictableoffence that is
a misdemeanour.(3)An offence against section 150 is a
crime.Note—The content of
this section was previously included in section 148.Page
174Current as at [Not applicable]
Notauthorised—indicativeonlyPart
2Fire and Emergency Services Act 1990Chapter 5 General[s 151]ProceedingsDivision 1Offence proceedings151Proceedings for indictable offences(1)A proceeding for an indictable offence
against this Act maybe taken, at the election of the
prosecution—(a)by way of summary proceedings under
theJustices Act1886;
or(b)on indictment.(2)A
magistrate must not hear an indictable offence summarilyif—(a)thedefendantasksatthestartofthehearingthatthecharge be prosecuted on indictment;
or(b)themagistrateconsidersthechargeshouldbeprosecuted on indictment.(3)If subsection (2) applies—(a)the magistrate must proceed by way of
an examinationof witnesses for an indictable offence;
and(b)apleaofthepersonchargedatthestartoftheproceeding must be disregarded;
and(c)evidencebroughtintheproceedingbeforethemagistrate decided to act under
subsection (2) is takento be evidence in the proceeding for
the committal of theperson for trial or sentence;
and(d)before committing the person for trial
or sentence, themagistratemustmakeastatementtothepersonasrequired by theJustices Act
1886, section 104(2)(b).(4)The
maximum penalty that may be summarily imposed for anindictableoffenceis150penaltyunitsor2yearsimprisonment.Current as at
[Not applicable]Page 175
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 5 General[s 151A]Note—The content of
this section was previously included in section 148A.151ALimitation on who may summarily hear
indictable offenceproceedings(1)Aproceedingmustbebeforeamagistrateifitisaproceeding—(a)for
the summary conviction of a person on a charge foran
indictable offence; or(b)foranexaminationofwitnessesforachargeforanindictable offence.(2)However, if a proceeding for an
indictable offence is broughtbefore a justice
who is not a magistrate, jurisdiction is limitedto
taking or making a procedural action or order within themeaning of theJustices of the
Peace and Commissioners forDeclarations Act
1991.Note—The content of
this section was previously included in section 148B.151BProceeding for offencesA
proceeding for an offence against this Act, other than anindictable offence, must be taken in a
summary way under theJustices Act 1886.Note—The content of
this section was previously included in section 148C andtheDisaster Management Act 2003,
section 135(1).151CWhen proceeding must startAproceedingforasummaryoffenceagainstthisActmuststartwithintheendofwhicheverofthefollowingperiodsends
later—(a)1 year after the commission of the
offence;Page 176Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 5
General[s 151D](b)6
months after the offence comes to the complainant’sknowledge,butwithin2yearsaftertheoffenceiscommitted.Note—The
content of this section was previously included in section 148D
andtheDisaster Management Act 2003,
section 135(2).151DAllegations of false or misleading
information ordocumentInaproceedingforanoffenceagainstthisActdefinedasinvolvingfalseormisleadinginformation,orafalseormisleadingdocument,itisenoughforachargetostatetheinformation or document was ‘false or
misleading’, withoutspecifying which.Note—The
content of this section was previously included in section
148E.151EForfeiture on conviction(1)On conviction of a person for an
offence against this Act, acourt may order
the forfeiture to the State of—(a)anything used to commit the offence;
or(b)anything else the subject of the
offence.(2)The court may make the order—(a)whether or not the thing has been
seized; and(b)if the thing has been seized, whether
or not the thing hasbeen returned to its owner.(3)Thecourtmaymakeanyordertoenforcetheforfeitureitconsiders appropriate.(4)Thissectiondoesnotlimitthecourt’spowersunderthePenalties and Sentences Act 1992or
another law.Note—The content of
this section was previously included in section 148F.Current as at [Not applicable]Page
177
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 5 General[s 151F]151FDealing with forfeited thing(1)On the forfeiture of a thing to the
State, the thing becomes theState’spropertyandmaybedealtwithbytheStateasitconsiders appropriate.(2)Withoutlimitingsubsection (1),theStatemaydestroythething.Note—The
content of this section was previously included in section
149.151GCourt may order costs of
rehabilitation etc. of protectedareaOn
conviction of a person for an offence against section 62 inrelation to a protected area, the court may
order the person topaytotheStateanamountitconsidersappropriatefor,ortowards—(a)thecostsofcontrollingandextinguishingthefireinrelation to which the offence was committed;
and(b)the costs of rehabilitating or
restoring the area.Note—The content of
this section was previously included in section 149A.151HOrder for payment if guilty of false
call(1)Ifapersonisconvictedbyacourtofanoffenceagainstsection 150B, the court may order the person
to pay QFES areasonable amount for the expenses of, or
incidental to, theprovision of the fire and emergency service
that was requestedby the person.(2)The
court may make an order under subsection (1) in additionto
imposing a penalty for the offence.(3)Anamountorderedtobepaidundersubsection
(1)mayberecovered by
QFES as a debt owing to it by the person.(4)Subsection (1)doesnotlimitthecourt’spowersunderthePenalties and Sentences Act 1992or
another law.Page 178Current as at
[Not applicable]
Fire
and Emergency Services Act 1990Chapter 5
General[s 151I]Note—The
content of this section was previously included in section
150.Notauthorised—indicativeonlyDivision 2Evidence151IAppointments and authority(1)In a proceeding under an Act, the
appointment of each of thefollowing is presumed unless a party
to the proceeding givesreasonable notice that the party
requires the appointment to beproved—(a)the commissioner;(b)a
fire service officer;(c)an investigation
officer;(d)a chief fire warden;(e)a fire warden;(f)a
field officer;(g)a forest officer;(h)an
SES member;(i)a local controller of an SES
unit;(j)an SES coordinator;(k)an ESU member;(l)an
ES unit coordinator;(m)a fire
coordinator for an ES unit.(2)The
authority of each person mentioned in subsection (1) todo
anything under this Act is also presumed in the proceedingunless a party to the proceeding gives
reasonable notice theparty requires the person’s authority
to be proved.Note—The content of
this section was previously included in section 153(1)(a)and
(b) and theDisaster Management Act 2003,
section 132.Current as at [Not applicable]Page
179
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 5 General[s 151J]151JSignaturesAsignaturepurportingtobethesignatureofapersonmentionedinsection 151I(1)isevidenceofthesignatureitpurports to be.Note—The
content of this section was previously included in section
153(1)(c)and theDisaster
Management Act 2003, section 133.151KOther
evidentiary aidsAcertificatepurportingtobesignedbythecommissionerstatinganyofthefollowingmattersisevidenceofthematter—(a)astateddocumentisanapproval,authorisation,decision,
direction, notice or requirement given or madeunder this
Act;(b)a stated document is a copy of a
document mentioned inparagraph (a);(c)a
document mentioned in paragraph (a), or a copy of it,was
given under this Act to a stated person on a statedday;(d)the
commissioner or the State is or was at a stated timethe
owner of stated property;(e)no consent has
been given for a stated act or breach ofdutyallegedtohavebeencommittedinrespectofproperty mentioned in paragraph (d);(f)a stated service was provided under
this Act to a statedperson on a stated day;(g)a stated person was charged a stated
amount for a statedservice provided under this Act;(h)a stated amount mentioned in paragraph
(g) has not beenpaid.Note—The
content of this section was previously included in section
153(1)(e)to (h) and theDisaster
Management Act 2003, section 134.Page 180Current as at [Not applicable]
Notauthorised—indicativeonlyPart
3Fire and Emergency Services Act 1990Chapter 5 General[s 152]Provisions about performanceof
functions under this Act152Exemption from
toll(1)This section applies to—(a)a fire officer driving a fire engine
or similar vehicle; or(b)anSESmemberoranESUmembertravelling,inthemember’s capacity as an SES member or
ESU member,in an SES vehicle or an ES vehicle fitted
with a warningdevice that is, or warning lights that are,
activated.(2)Eachpersonandvehiclementionedinsubsection (1)isexempt from payment of a toll for the use of
a road, bridge orferry.Note—The
content of this section was previously included in section 135
andtheDisaster Management Act 2003,
section 140.152ARight of way to fire officers(1)A driver of a vehicle must, to the
extent practicable, give clearand
uninterrupted passage to—(a)a fire officer
who is, or appears to be, doing an act forthepurposeofcontrollingorextinguishingafireordealing with another emergency; and(b)apersonactingunderthedirectionofafireofficermentioned in paragraph (a).(2)A person who fails to comply with
subsection (1) commits anoffence.(3)In
this section—vehicledoes not include
a train.Note—The content of
this section was previously included in section 134.Current as at [Not applicable]Page
181
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 5 General[s 152B]152BUse of unregistered vehicles on
roads(1)This section applies if—(a)an unregistered vehicle (thevehicle) is being used
on aroad by a rural fire brigade or an ES
unit—(i)for carrying persons or equipment for
the purposeof preventing, controlling or extinguishing
a fire;or(ii)for the purpose
of training relating to fire fightingor fire
prevention; or(iii)foranotherpurposeauthorisedinwritingbythecommissioner; and(b)the
vehicle is clearly identified as a vehicle of a rural firebrigade or ES unit; andExample for
paragraph (b)—a vehicle carrying a sign with the words
‘emergency service unitvehicle’(c)an
insurance policy of the kind mentioned in theMotorAccidentInsuranceAct1994, section 23(1)
is in forcefor the vehicle.(2)TheprovisionsoftheTransportOperations(RoadUseManagement) Act 1995that
prohibit the use on a road of anunregistered
vehicle, unless the use is authorised by a permitunder that Act, do not apply in relation to
the vehicle.Note—The content of
this section was previously included in section 138.152CInspection of records of local
governments and buildingcertifiers(1)A
person authorised by the commissioner for this section (theauthorisedperson)may,duringordinarybusinesshours,enterpremisesinwhichalocalgovernmentorbuildingcertifier
carries on business.(2)At the premises,
the authorised person may—Page 182Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 5
General[s 152C](a)make
inquiries for the purpose of this Act; and(b)examine,makecopiesofortakeextractsfromadocument or record relating to—(i)ifthepremisesarepremisesinwhichalocalgovernment
carries on business—a function of thecommissionerorofthelocalgovernmentunderthis
Act; or(ii)ifthepremisesarepremisesinwhichabuildingcertifiercarriesonbusiness—somethingdonebythe building certifier under
theBuilding Act 1975,therepealedIntegratedPlanningAct1997,therepealedSustainablePlanningAct2009orthePlanning Act 2016.(3)However,theauthorisedpersonmayonlyexamine,makecopies of or
take extracts from a document or record undersubsection
(2)(b)(ii) if the document or record is not availablefrom
a local government.(4)A person who has control of a document
or record of a typementionedinsubsection (2)(b),must,ifrequiredbytheauthorised person—(a)producethedocumentorrecordtotheauthorisedperson;
or(b)givetheauthorisedpersoninformationrelatingtothedocument or
record; or(c)otherwise assist the authorised
person.Maximum penalty—10 penalty units.(5)Nothing in this section authorises an
authorised fire officer toenter part of premises that are a
dwelling if the part is not alsoa workplace
within theWork Health and Safety Act 2011.Note—The content of
this section was previously included in section 137.Current as at [Not applicable]Page
183
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 5 General[s 152D]152DInterstate assistance at fires(1)This section applies to a person who
is—(a)a member (aninterstate
member) of a fire brigade (theinterstate fire
brigade) from outside Queensland; and(b)present at a fire in Queensland to
assist at the fire.(2)Theinterstatemember,andplantandequipmentunderthemember’s control, are—(a)at the disposal of the person in
charge at the fire; and(b)takentobeunderthecontrolanddirectionofthatperson.(3)However,ifthereisnopersoninchargeatthefireandaninterstate member (thechief interstate member) is in
chargeof other members of the interstate fire
brigade present at thefire, the chief interstate
member—(a)has the control and direction of all
persons assisting atthe fire; and(b)hasallthepowersconferredunderthisActonanauthorised fire officer.(4)In
this section—fire brigadeincludes an
entity similar to a fire brigade that hasthe function of
extinguishing fire.person in charge, for a fire,
means the person who, under anyof the
following, is in charge at the fire—(a)this
Act;(b)direction of the commissioner;(c)a code of practice.Note—The content of
this section was previously included in section 139.Page
184Current as at [Not applicable]
Part
4Fire and Emergency Services Act 1990Chapter 5 General[s 153]MiscellaneousNotauthorised—indicativeonly153Delegation(1)ThecommissionermaydelegateafunctionofthecommissionerunderthisActtoanappropriatelyqualifiedperson.(2)A
delegation of a function may permit the subdelegation ofthe
function.(3)In this section—functionincludes power or responsibility.153AConfidentiality(1)Apersonmustnotdisclose,useormakearecordofinformation the person has acquired—(a)in performing a function, or
exercising a power, underthis Act; or(b)because of an opportunity provided by the
performanceoftheperson’sfunction,orexerciseoftheperson’spower, under
this Act.Maximum penalty—40 penalty units.(2)Subsection (1) does not apply if the
information is disclosedor used, or a record of the
information is made—(a)for a purpose of
this Act; or(b)as permitted or required under another
Act; or(c)incompliancewithalawfulprocessrequiringproduction of
documents to, or giving evidence before, acourt or
tribunal.(3)Also,subsection
(1)doesnotapplytothedisclosureofinformation relating to fire safety at
particular premises if thedisclosureistoapersonwithaninterestinthepremises,including the
owner or occupier of the premises.Current as at
[Not applicable]Page 185
Fire
and Emergency Services Act 1990Chapter 5
General[s 153B]Note—The
content of this section was previously included in section
142A.Notauthorised—indicativeonly153BProtection from
liability—acts or omissions underchapter 3(1)Noliabilityattachestoanypersonforanactdone,oromissionmade,honestlyandwithoutnegligenceunderchapter 3.(2)A
person who uses reasonable force on or against a personwhenperformingafunctionunderchapter3toavoidorreducedangerorharmtoanypersonorpropertyortheenvironment is not liable to be
charged or proceeded againstfor an offence
in relation to the use of force.(3)Ifaquestionarisesinaproceedingastowhethersubsection
(1)preventsliabilityforanactoromissionattachingtoaperson,thepartyallegingthatsubsection
(1)doesnotpreventliabilityattachingtothepersonbearstheonusofprovingthepersondid not do the
act, or make theomission, honestly and without
negligence.(4)In this section—functionincludes power or responsibility.Note—The content of
this section was previously included in section 129.153CProtection from civil liability—acts
or omissions underchapter 4Civil liability
does not attach to any of the following entitiesbecauseofanactdone,oromissionmade,honestlyandwithout negligence by the entity under
chapter 4—(a)the State;(b)a
local government;(c)the Minister;(d)an
SES member;Page 186Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 5
General[s 153D](e)an
ESU member;(f)an authorised rescue officer;(g)apersonhelpinganauthorisedrescueofficerundersection 149(2)(h).Note—The
content of this section was previously included in theDisasterManagement Act
2003, section 144.153DOwnership of propertyFor this Act and
a proceeding under any Act, the State is takento be the owner
of—(a)premisesoccupiedinanofficialcapacitybyafireservice officer;
and(b)anything (whether animate or
inanimate) appropriated tothe use of QFES; and(c)anything,notbeingtheprivatepropertyofaperson,usedbythecommissionerorafireserviceofficerinperforming duties.Note—The
content of this section was previously included in section
140.154Representation of commissioner at
inquiriesAt an inquiry concerning a fire, an
authorised representativeofthecommissionermayappearandadduceevidence,cross-examine a witness and address the
tribunal conductingthe inquiry.Note—The
content of this section was previously included in section
131.154AConstruction of policies of fire
insurance(1)This section applies if—Current as at [Not applicable]Page
187
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 5 General[s 154B](a)a person (theinsured
person) has insured an interest inproperty (theinsured
property) against loss or damageby fire;
and(b)because of an act done, or omitted to
be done, in relationto a fire by a person performing a
function or exercisinga power under this Act—(i)theinsuredpropertyisdamagedandtheinsuredperson suffers a
loss; or(ii)theinsuredpersonincursachargeorexpense,otherthanachargeorexpenseincurredasapunishment.(2)The
loss suffered, or the charge or expense incurred, by theinsured person is taken to be loss or damage
by fire under theinsurance policy (thepolicy)
taken out by the insured personin relation to
the insured property.(3)Subsection (2)
applies despite anything to the contrary in thepolicy.Note—The content of
this section was previously included in section 132.154BReport of fireThe commissioner
may, if asked by an insurer, give the insurerdetails of a
report in the commissioner’s possession relating tothe
attendance at a fire or other emergency incident by—(a)a fire service officer; or(b)anotherpersonwhoissubjecttothedirectionofthecommissioner.Note—The
content of this section was previously included in section
133.Page 188Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 5
General[s 154C]154CCommissioner to insure SES members
etc.(1)The commissioner must enter into a
contract of insurance withWorkCoveroranotherentitytoinsurethefollowingpersons—(a)ESU members;(b)SES
coordinators;(c)SES members.(2)The
contract of insurance must cover the persons mentionedin
subsection (1) while they are—(a)performing a function under this Act in
their capacity asan ESU member, SES coordinator or SES
member; or(b)involved in another activity related
to the carrying out ofdisaster or emergency operations, an
ESU function or anSES function.Example for
paragraph (b)—training for disaster or emergency
operations(3)In this section—WorkCovermeans WorkCover Queensland established
undertheWorkers’ Compensation and
Rehabilitation Act 2003.Note—The
content of this section was previously included in theDisasterManagement Act
2003, section 142.154DApproval of formsThe commissioner
may approve forms for use under this Act.Note—The
content of this section was previously included in section
153B.154ERegulation-making power(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.Current as at [Not applicable]Page
189
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 5 General[s 154E](2)Without limiting subsection (1), a
regulation may provide forany of the following—(a)the records required to be kept under
this Act and theway in which the records are to be
kept;(b)mattersrelatingtotheentitlements,powers,responsibilities and liabilities of—(i)authorised rescue officers; or(ii)ESU members;
or(iii)ES units;
or(iv)fire service
officers; or(v)SES members; or(vi)SES
units;(c)matters relating to appeals about
disciplinary action;(d)fees and charges
payable under this Act, including thematters for
which they are payable;(e)a maximum
penalty of not more than 30 penalty unitsfor
contravention of the regulation;(f)fees
payable for—(i)theassessmentandinspectionofspecialfireserviceswithinthemeaningoftheBuildingAct1975; or(ii)theassessmentofproposedalternativesolutionswithinthemeaningoftheBuildingCodeofAustralia.Note—The
content of this section was previously included in section
154.Page 190Current as at
[Not applicable]
Notauthorised—indicativeonlyPart
5Fire and Emergency Services Act 1990Chapter 5 General[s 155]Savings and transitionalprovisionsDivision 1Provisions for Act beforecommencement of EmergencyServices Legislation AmendmentAct
1998155DefinitionsIn this
division—amendment Actmeans theFire
Service Amendment Act 1996.commencementmeans the
commencement of section 8 of theamendment
Act.commissionermeans the
corporation sole under this Act as inforce
immediately before the commencement.fire
servicemeans the Queensland Fire Service in
existenceimmediately before the commencement.transferred officermeans a person
taken to be employed as afire authority officer under section
160.157References to commissionerA
reference in an Act or document in existence immediatelybeforethecommencementtothecorporationsoleofthecommissioner is
a reference to the authority.158Vesting of assetsOn the
commencement, the assets, rights and liabilities of thecommissioner or the fire service vest in the
authority.Current as at [Not applicable]Page
191
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 5 General[s 159]159Legal or disciplinary
proceedings(1)A legal proceeding that could have
been started or continuedby or against the commissioner or the
fire service before thecommencement may be started or
continued by or against theauthority.(2)Adisciplinaryproceedingthatcouldhavebeenstartedorcontinuedbythecommissionerbeforethecommencementmay be started
or continued by the chief commissioner.160Fire
authority officersA person who, immediately before the
commencement, wasemployed as a fire service officer of the
fire service is, on thecommencement, taken to be employed as
an equivalent classof fire authority officer.161Conditions of employment of
transferred officers(1)Theconditionsofemploymentapplyingtoatransferredofficermustbenolessfavourablethantheconditionsthatapplied to the officer immediately before
the commencement.(2)A transferred officer remains entitled
to all rights accrued oraccruing to the officer as an employee
of the fire service.(3)Withoutlimitingsubsection
(2),atransferredofficerisentitled to receive annual, sick and
long service leave and anysimilar entitlements accrued or
accruing to the officer as anemployee of the
fire service.(4)The recognised service of a
transferred officer is taken to beservice as an
employee of the authority for the purpose of anylawdealingwithrightsorentitlementsmentionedinthissection.(5)In subsection (4)—recognised
serviceof a transferred officer means the
officer’sservice as an employee of the fire service,
and includes anyprevious service of the officer taken to be
service with the fireservice.Page 192Current as at [Not applicable]
Fire
and Emergency Services Act 1990Chapter 5
General[s 162]162TrustsOn the
commencement, any property that, immediately beforethe
commencement, was held in trust by the fire service or thecommissionervestsintheauthorityonthesametruststowhichthepropertywassubjectimmediatelybeforethevesting.Notauthorised—indicativeonly163Duty to assist transfer of
property(1)The registrar of titles and all
persons who keep registers ofdealings in
property must, if asked by the authority, make intheregisterallentriesnecessarytorecordthevestingofproperty in the authority by this
division.(2)A request under this section is not
liable to fees or stamp duty.164Superannuation schemeA reference in
the trust deed dated 13 April 1964, establishingthe
fire service superannuation scheme, to a fire brigade boardor
the commissioner is a reference to the authority.165SuspensionThe suspension
of a fire officer in force immediately beforethecommencementistakentocontinueinforceunderthisAct.166AppealsAnappealtothecommissionerstarted,butnotdecided,before the commencement may be continued and
decided bythe chief commissioner after the
commencement.167Things taken to have been done etc. by
chiefcommissioner(1)Anything declared, done, given, granted,
made or issued bythe commissioner under a chief
commissioner’s section and inCurrent as at
[Not applicable]Page 193
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 5 General[s 168]force,orhavingeffect,immediatelybeforethecommencement is, on the commencement,
taken to have beendeclared,done,given,granted,madeorissuedbythechiefcommissioner.(2)If
the action mentioned in subsection (1) involves a period oftime,thesubsectionmustnotbeconstruedasextendingorotherwise affecting the period.(3)In this section—chiefcommissioner’ssectionmeansasectionthat,immediately before the commencement,
referred to action ofthecommissionerandafterthecommencementreferstoaction of the chief
commissioner.168Things taken to have been done etc. by
the authority(1)Anything declared, done, given,
granted, made or issued bythe commissioner under an authority’s
section and in force, orhaving effect, immediately before the
commencement is, onthe commencement, taken to have been
declared, done, given,granted, made or issued by the
authority.(2)If the action mentioned in subsection
(1) involves a period oftime,thesubsectionmustnotbeconstruedasextendingorotherwise affecting the period.(3)In this section—authority’s
sectionmeans a section that, immediately
beforethecommencement,referredtoactionofthecommissionerand after the
commencement refers to action of the authority.170Previous fund(1)The
State Fire Services Trust Fund is closed.(2)The
amount standing at credit in the State Fire Services TrustFund
immediately before the commencement of this sectionmust
be transferred by the Treasurer to a fund established bythe
Treasurer under theFinancialAdministrationandAuditAct 1977,
section 11, for the purposes of the authority.Page 194Current as at [Not applicable]
Division 2Fire and
Emergency Services Act 1990Chapter 5
General[s 171]Provision for
Emergency ServicesLegislation Amendment Act 1998Notauthorised—indicativeonly171Board members go out of office(1)Onthecommencementofthissectionthemembersoftheboard go out of office.(2)In this section—boardmeans the authority’s board under this Act
as in forceimmediatelybeforethecommencementoftheEmergencyServices
Legislation Amendment Act 1998.Division 3Provisions for
Emergency ServicesLegislation Amendment Act 2001172Definitions for div 3In
this division—Act after amendmentmeans theFireandRescueAuthorityAct
1990as in force immediately after the
commencement.Act before amendmentmeans theFire
and Rescue AuthorityAct 1990as in force
immediately before the commencement.amendmentActmeanstheEmergencyServicesLegislationAmendment Act
2001.authoritymeanstheauthorityunderthisActimmediatelybefore the
commencement.commencementmeans the
commencement of the amendmentAct.QFRAFundmeanstheQFRAFundthatwasacontinuingfund under
theFinancial Administration and Audit Act
1977immediately before the commencement.transferred officermeans a person
taken to be employed as afire service officer under section
179.Current as at [Not applicable]Page
195
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 5 General[s 173]173Authority dissolvedThe
corporate entity that is the authority is dissolved.174Superannuation entitlementsThe
amendment Act does not—(a)affectthecontinuationofatransferredofficerasanemployedmemberforthepurposesoftheSuperannuation (State Public Sector)
Deed 1990; or(b)otherwiseaffectsanysuperannuationofatransferredofficer.175References to authorityA
reference in an Act or document in existence immediatelybefore the commencement to the authority is,
if the contextpermits, taken to be a reference to the
State.176Vesting of assetsOn the
commencement, the assets, rights and liabilities of theauthority vest in the State.177Legal or disciplinary
proceedings(1)A legal proceeding relating to
something that happened beforethe commencement
that could have been started or continuedby or against
the authority if the Amendment Act had not beenpassed may from
the commencement be started or continuedby or against
the State.(2)A disciplinary proceeding relating to
something that happenedbeforethecommencementthatcouldhavebeenstartedorcontinuedbytheauthorityiftheAmendmentActhadnotbeenpassedmayfromthecommencementbestartedorcontinued by the chief executive.Page
196Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 5
General[s 178]178SuspensionThe suspension
of a fire authority officer in force immediatelybefore the commencement is taken, from the
commencement,to continue in force under this Act.179Fire service officersA
person who, immediately before the commencement, wasemployed as a fire authority officer is, on
the commencement,taken to be employed as a fire service
officer of an equivalentclass.180Conditions of employment of transferred
officers(1)Theconditionsofemploymentapplyingtoatransferredofficermustbenolessfavourablethantheconditionsthatapplied to the officer immediately before
the commencement.(2)A transferred officer remains entitled
to all rights accrued oraccruing to the officer as an employee
of the authority.(3)Withoutlimitingsubsection (2),atransferredofficerisentitled to receive annual, sick and
long service leave and anysimilar entitlements accrued or
accruing to the officer as anemployee of the
authority.(4)Subsection (1) does not limit section
26.181TrustsAnypropertythat,immediatelybeforethecommencement,washeldintrustbytheauthority,onthecommencement,vests in the
State on the same trusts to which the property wassubject immediately before the
vesting.182Duty to help transfer of
property(1)The registrar of titles and all
persons who keep registers ofdealingsinpropertymust,ifaskedbythechiefexecutive,Current as at
[Not applicable]Page 197
Fire
and Emergency Services Act 1990Chapter 5
General[s 183]make in the
register all entries necessary to record the vestingof
property in the State by this division.(2)A
request under this section is not liable to fees or stamp
duty.Notauthorised—indicativeonly183AppealsAn
appeal to the commissioner under section 113 started, butnotdecided,beforethecommencementmay,fromthecommencement,becontinuedanddecidedbythechiefexecutive after
the commencement.184Things taken to have been done etc. by
commissioner(1)Anything declared, done, given,
granted, made or issued bythecommissionerunderacommissioner’ssectionandinforce,orhavingeffect,immediatelybeforethecommencementis,fromthecommencement,takentohavebeendeclared,done,given,granted,madeorissuedbythecommissioner.(2)If
the action mentioned in subsection (1) involves a period oftime, the subsection must not be taken to
extend or otherwiseaffect the period.(3)In
this section—commissioner’ssectionmeansasectionthat,immediatelybeforethecommencement,referredtoactionofthecommissioner as commissioner of the
authority and after thecommencementreferstoactionofthecommissioneroftheservice.185Things taken to have been done etc. by chief
executive(1)Anything declared, done, given,
granted, made or issued bythecommissionerunderachiefexecutive’ssectionandinforce,orhavingeffect,immediatelybeforethecommencementis,fromthecommencement,takentohavebeendeclared,done,given,granted,madeorissuedbythechief executive.Page 198Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 5
General[s 186](2)If
the action mentioned in subsection (1) involves a period oftime, the subsection must not be taken to
extend or otherwiseaffect the period.(3)In
this section—chiefexecutive’ssectionmeansasectionthat,immediatelybeforethecommencement,referredtoactionofthecommissioner and after the
commencement refers to action ofthe chief
executive.186Other things taken to have been done
etc. by chiefexecutive(1)Anything declared, done, given, granted,
made or issued bythe authority under a chief executive’s
section and in force, orhaving effect, immediately before the
commencement is, fromthe commencement, taken to have been
declared, done, given,granted, made or issued by the chief
executive.(2)If the action mentioned in subsection
(1) involves a period oftime, the subsection must not be taken
to extend or otherwiseaffect the period.(3)In
this section—chiefexecutive’ssectionmeansasectionthat,immediatelybefore the
commencement, referred to action of the authorityandafterthecommencementreferstoactionofthechiefexecutive.187Other
things taken to have been done etc. by the State(1)Anything declared, done, given,
granted, made or issued bythe authority under a State’s section
and in force, or havingeffect,immediatelybeforethecommencementis,fromthecommencement,takentohavebeendeclared,done,given,granted, made or
issued by the State.(2)If the action
mentioned in subsection (1) involves a period oftime, the subsection must not be taken to
extend or otherwiseaffect the period.Current as at
[Not applicable]Page 199
Fire
and Emergency Services Act 1990Chapter 5
General[s 188](3)In
this section—State’s sectionmeans a section
that, immediately before thecommencement,
referred to action of the authority and afterthe commencement
refers to action by the State.Notauthorised—indicativeonly188Closure of QFRA
Fund(1)On the commencement—(a)the QFRA Fund is closed; and(b)the chief executive must record the
closing balance ofthe accounts for the QFRA Fund as the
opening balanceof the accounts for the new fund.(2)Anentrythat,apartfromsubsection
(1),wouldneedtobemade in the
accounts for the QFRA Fund must be made in theaccounts for the
new fund.(3)In this section—newfundmeanstheQueenslandFireandRescueServiceFund
established under section 20.QFRAFundmeanstheQFRAFundmentionedintheFinancialAdministrationandAuditAct1977,schedule 2,immediately
before the commencement of this section.Division 4Provision for Disaster ManagementAct
2003189Existing council members to remain in
office(1)This section applies to a person who,
immediately before thecommencementofthissection,wasamemberoftheRuralFire
Council.(2)On the commencement, the person is
taken to be a member ofthe Rural Fire Advisory
Council.(3)The person’s term of appointment ends
on the earlier of thefollowing days—Page 200Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 5
General[s 190](a)thedaytheappointmentwouldhaveendedundertheperson’sinstrumentofappointmentiftheDisasterManagement Act
2003had not commenced;(b)if
the person vacates office other than under paragraph(a),
the day of that vacation.Division 5Provisions for
Integrity Reform(Miscellaneous Amendments) Act2010190Definition for
div 5In this division—commencementmeans the
commencement of this section.191Particular disciplinary grounds only apply
to acts oromissions happening after
commencementThe following disciplinary grounds apply a
fire service officeronlyinrelationtoactsoromissionshappeningafterthecommencement—(a)the
ground mentioned in section 30(1)(c) other than tothe
extent it applies to failures to comply with a code ofpractice;(b)the
ground mentioned in section 30(1)(g).192Disciplinary action against former public
serviceemployee or ambulance service officerPart
4, division 3, subdivision 2 only applies to a fire serviceofficerwhocommencedemploymentundersection 25afterthe
commencement.Current as at [Not applicable]Page
201
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 5 General[s 193]193Disciplinary action against former
fire service officerPart 4, division 3, subdivisions 3 and
4 apply to a person whowasafireserviceofficeronlyiftheperson’semploymentunder section 25
ends after the commencement.Division 6Provisions for Revenue Amendmentand
Trade and InvestmentQueensland Act 2013194Definition for div 6In
this division—commencementmeans the day
this section commences.195Amounts in
Queensland Fire and Rescue Service Fund atcommencementOn the
commencement, amounts in the Queensland Fire andRescue Service Fund immediately before the
commencementformpartoftheEmergencyManagement,FireandRescueFund.196References to fire levy notices and
urban districtsIf the context permits, a reference in an
Act or document—(a)toafirelevynoticeunderthisActbeforethecommencementincludesareferencetoalevynotice;and(b)toanurbandistrictunderthisActbeforethecommencement includes a reference to a levy
district;and(c)totheQueenslandFireandRescueServiceFundincludesareferencetotheEmergencyManagement,Fire and Rescue
Fund.Page 202Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 5
General[s 197]197Appeals against fire levy notices(1)This section applies if—(a)immediatelybeforethecommencement,anownerofproperty could have lodged an appeal against
a fire levynotice under section 113; and(b)onthecommencement,theownerhasnotlodgedtheappeal.(2)Section 113,asinforceimmediatelybeforethecommencement,continuestoapplyinrelationtoanappealabout the fire
levy notice.198Application of s 112 for local
governmentsDespitesection
112,forthefinancialyearending30June2014,alocalgovernmentmaymakethedeterminationsmentioned in
section 112(1) on any day during that financialyear.199Application of s 114 for local
governments(1)Thissectionappliestoalocalgovernmentforthefinancialyear ending 30
June 2014 (therelevant financial year).(2)Despite section 114(1)(b), if a local
government gives to theownerofaprescribedpropertyalevynoticeasaseparatenotice, the notice may be given at any time
during the relevantfinancial year.(3)Also, despite section 114(4), if a local
government gives to theowner of a prescribed property a levy
notice as an item on 1 ormore rate notices, the notices may be
given at any time duringthe relevant financial year.Current as at [Not applicable]Page
203
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 5 General[s 200]Division 7Transitional and
validationprovisions for Public SafetyBusiness Agency Act 2014200Definitions for div 7In this
division—amended Actmeans this Act
as amended by thePublic SafetyBusiness Agency
Act 2014.commencementmeans the
commencement of this section.pre-amendedActmeansthisActasinforcebeforethecommencement.201Validation of things done by former
commissioner(1)This section applies if, before the
commencement, a personholdingofficeunderthisActascommissionerwasalsoappointed as the
chief executive of the department.(2)To
remove any doubt, it is declared that—(a)the
appointment of the person as chief executive is takento
be, and to have always been, valid; and(b)anythingdone,oromittedtobedone,bythepersonbeforethecommencementintheperson’scapacityaschief executive is taken to be, and to
have always been,as valid and lawful as it would have been if
the persondid not also hold office as
commissioner.202Legal proceedingsAlegalproceedingthat,beforethecommencement,couldhave
been or has been started in the name of the QueenslandFireandRescueServicemaybestartedorcontinuedbyQFES.Page 204Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 5
General[s 203]203References to, and acts etc. by, the chief
executive(1)In an Act or other document, a
reference to the chief executiveunderthepre-amendedActmaybetaken,ifthecontextpermits,tobeareferencetothecommissionerundertheamended Act.(2)A
thing done, or omitted to be done, by the chief executiveunderthepre-amendedActmaybetaken,ifthecontextpermits,tobeathingdone,oromittedtobedone,bythecommissioner under the amended
Act.204Transition of Emergency Management,
Fire and RescueFund to fund(1)Anamountintheformerfundimmediatelybeforethecommencement becomes part of the
fund.(2)In an Act or other document, a
reference to the former fundmay be taken, if
the context permits, to be a reference to thefund.(3)In this section—formerfundmeanstheEmergencyManagement,FireandRescueFundestablishedunderthepre-amendedAct,section 20(1).Division 8Transitional provisions for Crimeand
Corruption and OtherLegislation Amendment Act 2018205Disciplinary action against a fire
service officer who wasa relevant commission officer(1)This section applies to a person who
is a fire service officerand was a relevant commission
officer.(2)Thepersonmaybedisciplinedunderchapter3,part4,division 3, subdivision 2 in relation to a
relevant disciplinarygroundarisingwhenthepersonwasarelevantcommissionofficer only if
the ground arose after the commencement.Current as at
[Not applicable]Page 205
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 5 General[s 206](3)However, if the relevant disciplinary
ground arising after thecommencement relates to conduct that
is a part of a course ofconductthatalsoincludesconductgivingrisetoarelevantdisciplinarygroundarisingbeforethecommencement,theperson may be disciplined under chapter 3,
part 4, division 3,subdivision2inrelationtoallofthegroundsasiftheyallarose after the commencement.(4)Subsection(3)doesnotapplyinrelationtoarelevantdisciplinarygroundarisingbeforethecommencementifdisciplinary action has been, or is being,
taken in relation tothe ground under this Act or a
relevant disciplinary law forthe person
within the meaning of section 29D(3).(5)In
this section—relevantcommissionofficerseetheCrimeandCorruptionAct 2001,
section 273A.206Sharing disciplinary
informationSections30Iand30Japplyinrelationtoarequestforinformation made by or to the chief
executive officer under theCrimeandCorruptionAct2001onlyiftherequestismadeafter the
commencement.Page 206Current as at
[Not applicable]
Notauthorised—indicativeonlySchedule 5Fire and
Emergency Services Act 1990Schedule 5Uses
of buildingssection 104H1a
building in which there is a room at a level other than
groundlevel used for the purpose of the sale of
food or drink to thepublicortheprovisionofcabaretentertainmentordancefacilities to
the public2abuildingusedtoprovideresidentialaccommodationatafloor level other than ground
level3a building used to provide residential
accommodation withinaneducationalinstitution,achildren’shostelorchildren’swelfare
institution4abuildingusedtoprovideresidentialaccommodationformedical, psychiatric or geriatric
care5a building used to sell goods or
services to the public in whichthere is a sales
area—(a)below ground level; or(b)at a floor level more than 1 floor
above ground level; or(c)exceeding
1,000m2at any floor level6a
building used to accommodate a shop or shops selling goodsor
services to the public from which the only means of escapeis
through an enclosed arcade, mall or like structure7abuildingotherthanadrive-inpicturetheatreusedtoaccommodate more than 200 persons
attending for a publicmeeting or for recreational, cultural
or conference purposes8abuildingusedasaworkplacewithinthemeaningoftheWorkHealthandSafetyAct2011inwhichpersonsareemployed to work in a room or
rooms—(a)below ground level; or(b)atafloorlevelmorethan1floorlevelabovegroundlevelCurrent as at
[Not applicable]Page 207
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Schedule 59abuildingusedtoprovideofficeaccommodationatafloorlevel more than
6 floor levels above ground level10abuildingusedforeducationalorresearchpurposesandcontaining—(a)a
laboratory or machinery or trade equipment operatedfor
training or research purposes; or(b)a
classroom, canteen or recreational facilities on a floorlevelbelowgroundlevelorafloorlevelmorethan2floors above ground levelPage
208Current as at [Not applicable]
Notauthorised—indicativeonlySchedule 6Fire and
Emergency Services Act 1990Schedule 6Dictionarysection 6ADG
Codemeans the Australian Code for the Transport
ofDangerousGoodsbyRoadandRailapprovedbytheAustralian
Transport Council, as in force from time to time.appointeddaymeansthedayofcommencementoftheprovision in which the expression
occurs.AS1940meansAustralianStandardAS1940TheStorageand Handling of
Flammable and Combustible Liquids madeby Standards
Australia, as in force from time to time.assessormeans an assessor appointed under section
104SI.authorised fire officersee section
52.authorisedrescueofficermeansapersonappointedasarescue officer
under section 148.bodily harmsee the Criminal
Code, section 1.broadcasting servicemeans a service
that delivers televisionorradioprogramstopersonshavingequipmentappropriatefor receiving
the service.budget accommodation buildingsee
theBuilding Act 1975,section 216.buildingincludesanywall,fence,bridge,dam,reservoir,wharf,jettyorotherstructurewhethertemporaryorpermanent.building
certifiersee theBuilding Act
1975, section 8.BuildingCodeofAustraliaseetheBuildingAct1975,section 12.chemicalsee
theEnvironmental Protection Regulation
1998,schedule 9.Current as at
[Not applicable]Page 209
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Schedule 6chief executive
(liquor licensing)means the chief executiveofthedepartmentinwhichtheLiquorAct1992isadministered.class1abuilding,forchapter3,part9A,division5A,seesection 104RA.clear floor
surface area, for chapter 3, part 9A, division
3A,see section 104KA.codeofpracticemeansacodeofpracticeissuedundersection 7B or
147D.combustibleliquidmeansacombustibleliquidundertheflammable and combustible liquids
standard.commissionermeansthecommissionerappointedundersection
5.convictionincludes a plea
of guilty or a finding of guilt by acourt even
though a conviction is not recorded.dangerous
goodsmeans goods defined under the ADG
Codeas dangerous goods or goods too dangerous to
be transported.date of possession, for
residential land, for chapter 3, part 9A,division 5A, see
section 104RA.disciplinary actionsee section
30A(1).disciplinary declaration, in relation to
a person, means—(a)for a disciplinary declaration made
under a public sectordisciplinary law—(i)a
disciplinary declaration made under—(A)thePublicServiceAct2008,section 188A(6); or(B)thePolice Service Administration Act
1990,section 7A.2(2); or(C)the repealedMisconduct
Tribunals Act 1997or the QCAT Act; or(D)theAmbulanceServiceAct1991,section 18I(5); orPage 210Current as at [Not applicable]
Fire
and Emergency Services Act 1990Schedule 6Notauthorised—indicativeonly(E)the Crime and Corruption Act 2001,
section273D; or(ii)a
declaration under a public sector disciplinary law(otherthanapublicsectordisciplinarylawmentionedinsubparagraph(i))thatstatesthedisciplinaryactionthatwouldhavebeentakenagainst the
person if the person’s employment hadnot ended;
or(b)otherwise,adisciplinarydeclarationmadeundersection
30H(5).disciplinaryfindingmeansafindingthatadisciplinaryground
exists.disciplinarygroundmeansagroundfordiscipliningafireservice officer
under section 30.disciplinary lawmeans—(a)this Act; or(b)alawofanotherStatethatprovidesforthesame,orsubstantially the same, matters as
this Act; or(c)acodeofpracticeorotherinstrumentunderalawmentionedinparagraph(b)providingfordisciplinarymatters;
or(d)a public sector disciplinary
law.domesticdwelling,forchapter3,part9A,division5A,seesection 104RA.emergency-relatedfunctionmeansafunctionmentionedinsection 130(a), (b) or (c) for the
SES.emergency service areasee section
141(1).environmentincludes—(a)ecosystems and their constituent
parts; and(b)all natural and physical resources;
and(c)the qualities and characteristics of
locations, places andareas,howeverlargeorsmall,thatcontributetotheirbiological
diversity and integrity, intrinsic or attributedCurrent as at [Not applicable]Page
211
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Schedule 6scientific value
or interest, amenity, harmony and senseof community;
and(d)thesocial,economic,aestheticandculturalconditionsthataffect,orareaffectedby,thingsmentionedinparagraphs (a) to (c).ESUfunctionmeansafunctionofanESunitundersection
142(1).ESU membermeans a member
of an ES unit.ES unitmeans an
emergency service unit established undersection
141(1).ES unit coordinatormeans a person
appointed as an ES unitcoordinator under section
146(1).ES vehiclemeans a vehicle
of an ES unit.fire and evacuation plansee section
104E(1)(a).fire ban areasee section
86A.fire coordinatormeans a fire
coordinator under theDisasterManagement Act
2003.fire officermeans a person
employed in the service who hasthe functions of
fire prevention and fire control, and includes aperson employed under this Act who is
undergoing training asa fire officer.fire safety
management plansee section 104FC.fire safety
standardsee theBuilding Act
1975, section 217(1).fire safety
systemsee section 104KA.fireserviceofficermeansapersonemployedundersection
25.flammable and combustible liquids
standardmeans—(a)if a
standard is prescribed under a regulation under theWork
Health and Safety Act 2011—that standard; or(b)otherwise—AS 1940.Page 212Current as at [Not applicable]
Fire
and Emergency Services Act 1990Schedule 6Notauthorised—indicativeonlyflammable materialmeans any
material or substance capableof ignition or
combustion by the application of heat or fire orby
spontaneous causes.former fire service officer,
for part 4, division 3, subdivision3, see section
30G(1)(a).fundmeanstheEmergencyManagementFundestablishedunder section
20(1).grassfiremeansafirethatpredominantlyconsumesvegetation.grievous bodily
harmsee the Criminal Code, section 1.hazardous materialmeans—(a)all dangerous goods, combustible
liquids and chemicals;or(b)anyothersubstancewithpotentialtocauseharmtopersons,propertyortheenvironmentbecauseof1ormore
of the following—(i)the chemical properties of the
substance;(ii)the physical
properties of the substance;(iii)the
biological properties of the substance.hazardous
materials emergencymeans a situation involvinghazardousmaterialsorsuspectedhazardousmaterialsthatincludesalossofcontrol,oranimminentriskoflossofcontrol, of the materials or a loss of
control of anything thatmay impact on the materials if the
loss of control causes, orthe loss of control or imminent risk
of loss of control has thepotential to cause, material harm to
persons, property or theenvironment.information
statement, in relation to a tenant, for chapter
3,part 9A, division 5A, see section
104RA.landmeans any land,
whether improved or not.lessor, for chapter 3,
part 9A, division 5A, see section 104RA.levydistrictmeansapartoftheStateconstitutedasalevydistrict under
section 106.Current as at [Not applicable]Page
213
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Schedule 6licensedbuilding,forpart9A,division3A,seesection 104KA.local
controller, of an SES unit, means the person
appointedas the local controller of the unit under
section 134(1).local fire bansee section
86A.manufacturer’s instructions,
for a smoke alarm, for chapter3, part 9A,
division 5A, see section 104RA.occupancy
noticesee section 104KF.occupancynumber,forpart9A,division3A,seesection 104KA.occupier, of
premises, means—(a)the owner, lessee or person apparently
in charge of thepremises; or(b)a
person who has the care, management or supervisionof
the premises or who is conducting a business at thepremises.operateswhentested,forasmokealarm,seesection104RAA(1) and
(2).owner, of
premises—(a)generally—means the person who is
entitled to receiverent for the premises, or would be entitled
to receive rentfor the premises if the premises were
leased; and(b)for part 10—see section 105(1).premises—(a)means any land or building; and(b)for part 6, includes a vehicle or
vessel.premises of seizuresee section
56B.prescribedemployee,forchapter3,part4,division3,seesection 29C.prescribed
propertysee section 105.presiding
membersee section 104SG.Page 214Current as at [Not applicable]
Fire
and Emergency Services Act 1990Schedule 6Notauthorised—indicativeonlyprincipal registrarsee section
104SG.proceedingsee section
104SG.protectedareameansaprotectedareaundertheNatureConservationAct1992,andincludesanareathatis,orincludes,acriticalhabitatidentifiedinaconservationplanunder that Act.public sector
disciplinary lawmeans—(a)a
public sector disciplinary law under thePublic
ServiceAct 2008; or(b)theAmbulance
Service Act 1991, part 2, division 4 or adisciplinary provision of a code of practice
under thatAct (including a code of practice as in
force from timeto time under that Act before the
commencement of thisdefinition).QFESmeanstheQueenslandFireandEmergencyServiceestablished under section 8.relevantemployee,forchapter3,part4,division3,seesection 29C.relevantESunitmeansanESunitthefunctionsofwhichinclude an SES
function.residentialland,forchapter3,part9A,division5A,seesection 104RA.riskofovercrowding,forpart9A,division3A,seesection 104KA.serious
disciplinary actionmeans—(a)disciplinary action under a disciplinary law
involving—(i)dismissal; or(ii)reduction of classification level or rank;
or(iii)transfer or
redeployment to other employment; or(iv)reduction of remuneration level; or(b)adisciplinarydeclarationunderapublicsectordisciplinarylawthatstatesadisciplinaryactionmentioned in paragraph (a)(i) or (ii) as the
disciplinaryCurrent as at [Not applicable]Page
215
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Schedule 6action that
would have been taken against the person ifthe person’s
employment had not ended.SESmeanstheStateEmergencyServiceestablishedundersection 129.SEScoordinatormeansapersonappointedasanSEScoordinator under section 136(2).SES
functionmeans a function of the SES under section
130.SESmembermeansapersonwhoisappointedasanSESmember under
section 132(1).SES unitmeans an SES
unit established under section 133(1).SES
vehiclemeans a vehicle of the SES.sole-occupancy unit in a class 2
building, for chapter 3, part9A, division 5A,
see section 104RA.tenant,forchapter3,part9A,division5A,seesection104RA.transferdate,forresidentialland,forchapter3,part9A,division 5A, see section 104RA.transferee,forresidentialland,forchapter3,part9A,division 5A, see section 104RA.transferor,forresidentialland,forchapter3,part9A,division 5A, see section 104RA.vegetationincludestrees,plants,grassandanyothervegetablegrowth,whetheraliveordead,standingornotstanding, or
cultivated or not cultivated.vehiclemeans a vehicle within the meaning of
theTransportOperations(RoadUseManagement)Act1995butalsoincludes a tram
or train.vesselmeansavesselwithinthemeaningoftheTransportOperations (Road
Use Management) Act 1995.Page 216Current as at [Not applicable]