{"id":"fire-and-emergency-act-1996","name":"Fire and Emergency Act 1996","slug":"fire-and-emergency-act-1996","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30120,"registerId":"nt-fire-and-emergency-act-1996-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fire and Emergency Act 1996","content":"NORTHERN TERRITORY OF AUSTRALIA\nFIRE AND EMERGENCY ACT 1996\nAs in force at 10 February 2026\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\n4 Emergency response areas ............................................................. 4\nPart 2 Northern Territory Fire and Rescue Service\nDivision 1 Establishment of Northern Territory Fire and\nRescue Service\n5 Northern Territory Fire and Rescue Service .................................... 5\n6 Role of Fire and Rescue Service ..................................................... 5\n7 Commissioner of Fire and Emergency Services .............................. 6\n7A Acting Commissioner ....................................................................... 7\n8 Chief Officer..................................................................................... 8\n8A Approved forms ............................................................................... 8\n9 Powers and functions of Chief Officer ............................................. 8\n10 Delegation ....................................................................................... 9\nDivision 2 Establishment of fire and emergency\nresponse groups\n11 Establishment of fire and emergency response groups ................... 9\n12 Operation of fire and emergency response group ........................... 9\nDivision 3 Auxiliary members and volunteer members\n13 Auxiliary members ........................................................................... 9\n14 Volunteer members ....................................................................... 10\n15 Protection of employment rights .................................................... 10\nDivision 4 Operation of Northern Territory Fire and\nRescue Service\n16 Powers and functions of members ................................................ 10\n17 General orders............................................................................... 10\n\nFire and Emergency Act 1996 ii\nPart 3 Fires and other emergencies\nDivision 1 Dealing with fires and other emergencies\n18 Members to attend all incidents ..................................................... 11\n19 Incident commander ...................................................................... 11\n20 Powers of incident commander ..................................................... 12\n21 Authority of incident commander to be recognised ........................ 15\nDivision 2 Investigations of fires and other emergencies\n22 Fire investigators ........................................................................... 15\n23 Powers of fire investigators............................................................ 16\n24 Fire investigations.......................................................................... 16\nDivision 3 Prevention of fires and other emergencies\n24A Definition........................................................................................ 17\n25 Hazard reduction powers of entry and inspection .......................... 17\n26 Review of requirement ................................................................... 19\n27 Liability where notice not complied with ......................................... 20\n27A Certain buildings to be inspected regularly .................................... 20\n27B Certain buildings may be treated as within different prescribed\nclass .............................................................................................. 21\nPart 4 Restrictions on lighting fires\nDivision 1 Fires in open air\n28 General prohibition against lighting fires in open air ...................... 21\n29 Lawful fires .................................................................................... 22\n30 Granting of permits ........................................................................ 22\nDivision 2 Fire ban days\n31 Declaration of fire ban days ........................................................... 22\n32 Fires prohibited on fire ban days ................................................... 23\nPart 5 Responsibilities of occupiers of land in\nrelation to fires\n33 Occupier to extinguish fire ............................................................. 23\n34 Power of occupier to enter land etc. .............................................. 23\nPart 6 Offences\nDivision 1 Offences relating to fires\n35 General offences ........................................................................... 24\n\nFire and Emergency Act 1996 iii\n36 Fires to be extinguished ................................................................ 25\nDivision 2 Offences in relation to Fire and Rescue\nService\n37 Delivery of property ....................................................................... 26\n38 Communication of information ....................................................... 26\n39 Personation ................................................................................... 26\n40 Offering bribe ................................................................................. 26\nPart 7 Miscellaneous matters\n41 Restrictions on sale of notified articles .......................................... 27\n42 Damage within insurance policy .................................................... 27\n43 Fees and charges .......................................................................... 27\n44 Commissioned ranks ..................................................................... 29\n45 Fire and Rescue Service Gazette .................................................. 29\n47 Protection of members .................................................................. 29\n48 Liability of person for fire lit by agent or employee......................... 29\n49 Criminal liability of executive officer of body corporate .................. 29\n50 Evidence in proceedings ............................................................... 31\n51 Commencement of prosecutions ................................................... 31\n52 General penalty ............................................................................. 31\n53 Continuing offence......................................................................... 31\n54 Regulations.................................................................................... 31\nPart 8 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n55 Offences – before and after commencement................................. 33\nPart 9 Transitional matters for Fire and\nEmergency Legislation Amendment Act\n2024\n56 Definition........................................................................................ 33\n57 Chief Fire Officer ........................................................................... 33\n58 Actions, agreement and arrangements.......................................... 34\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 10 February 2026\n____________________\nFIRE AND EMERGENCY ACT 1996\nAn Act to provide for the establishment of the northern territory fire and\nrescue service, the operational and emergency response activities of the\nservice, the protection of life, property and the environment against fires\nand other emergencies and for related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Fire and Emergency Act 1996.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Interpretation\n(1) In this Act:\napproved form means a form approved under section 8A.\nauthorised means authorised, in writing, by the Commissioner.\nauxiliary member means a person appointed under section 13 to\nbe an auxiliary member of the Fire and Rescue Service.\nChief Officer means the person holding or occupying the office of\nthe Chief Officer of the Fire and Rescue Service mentioned in\nsection 8.\nCommissioner means the person holding or occupying the office\nof the Commissioner of Fire and Emergency Services mentioned in\nsection 7(1).\n\nPart 1 Preliminary matters\nFire and Emergency Act 1996 2\nemergency means an occurrence, where effective response is\nwithin the capacity and resources of the Fire and Rescue Service\nas determined by the Commissioner, that:\n(a) causes or threatens to cause:\n(i) loss of life or property; or\n(ii) injury to persons or property or distress to persons; or\n(b) in any way endangers the safety of the public of the Territory;\nor\n(c) in any way causes or threatens to cause damage to the\nenvironment of the Territory.\nemergency response area means an area declared under\nsection 4 to be an emergency response area.\nfire and emergency response group means a fire and emergency\nresponse group established under section 11.\nFire and Rescue Service means the Northern Territory Fire and\nRescue Service established by section 5.\nfire ban day means a day declared a fire ban day under section 31.\nfire investigator means a person appointed as a fire investigator\nunder section 22.\nflammable or combustible material includes:\n(a) a substance capable of ignition or combustion:\n(i) by the application of heat; or\n(ii) by means of a spark or flame; or\n(iii) by spontaneous causes; and\n(b) a substance prescribed to be flammable or combustible\nmaterial.\nhazard reduction means taking precautionary action and\nconducting inspections, other than as part of the response to an\nexisting incident, to eliminate or reduce danger by fire or other\nemergency to life or property.\n\nPart 1 Preliminary matters\nFire and Emergency Act 1996 3\nhazardous material means any of the following:\n(a) dangerous goods as defined in the Dangerous Goods\nAct 1998;\n(b) a hazardous chemical as defined in the Work Health and\nSafety (National Uniform Legislation) Regulations 2011;\n(c) a product or substance that has the potential to harm life,\nhealth, property or the environment.\nincident means a fire or other emergency.\nincident commander means the member or person who, in\naccordance with section 19, is in command of a fire or other\nemergency, or the member to whom the powers and functions of\nthe incident commander are transferred under that section.\nin the open air means any place other than in a permanent\nstructure.\nmember means:\n(a) an employee, within the meaning of the Public Sector\nEmployment and Management Act 1993, employed in the Fire\nand Rescue Service; or\n(b) an auxiliary member; or\n(c) a volunteer member.\noccupier, in relation to land, includes:\n(a) a person having, or being entitled to, the use or management\nof land; and\n(b) where land is let in separate parts, a person receiving or\nentitled to receive the rent payable in respect of those\nseparate parts, either on his or her own account or as agent\nfor another person,\nand includes a person in occupation of land belonging to the\nTerritory, the Commonwealth or a State or another Territory of the\nCommonwealth, notwithstanding any want or defect of title to\noccupy the land.\nowner, in relation to land, means the person in actual receipt of, or\nentitled to receive, the rents and profits of the land or who, if the\nland was let, would be entitled to receive the rents and profits\nwhether as beneficiary, owner, trustee, executor or mortgagee in\n\nPart 1 Preliminary matters\nFire and Emergency Act 1996 4\npossession or as agent or attorney for another person.\npermanent structure means a structure of a permanent kind\nconsisting of a roof and fully or partly enclosed sides and includes a\ncaravan but does not include a tent.\npermit means a permit granted under section 30.\nvehicle includes:\n(a) any means of conveyance that runs on wheels; and\n(b) a train or part of a train; and\n(c) an aircraft.\nvessel means a ship, barge, boat or other vessel designed to float\non water and includes:\n(a) an air-cushioned craft capable of being used as a means of\ntransportation on water; and\n(b) a structure that floats or is designed to be floatable so as to\nallow the structure to be towed to a location offshore for oil or\ngas exploration or production or another industrial application.\nvolunteer member means a person appointed under section 14 to\nbe a volunteer member of the Fire and Rescue Service.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) For the purposes of this Act, a person is taken to light a fire if the\nperson:\n(a) lights, maintains or uses the fire; or\n(b) aids, procures or counsels another to light, maintain or use the\nfire; or\n(c) being the owner or occupier of the land on which the fire is lit,\npermits another to light, maintain or use the fire.\n4 Emergency response areas\n(1) The Minister may, for the purposes of this Act, by Gazette notice,\ndeclare an area to be an emergency response area.\n\nPart 2 Northern Territory Fire and Rescue Service\nDivision 1 Establishment of Northern Territory Fire and Rescue Service\nFire and Emergency Act 1996 5\n(2) The declaration of an area as an emergency response area does\nnot affect any contractual arrangements under which fire and\nrescue services are provided for the area, whether the contractual\narrangements are entered into before or after the declaration.\nPart 2 Northern Territory Fire and Rescue Service\nDivision 1 Establishment of Northern Territory Fire and\nRescue Service\n5 Northern Territory Fire and Rescue Service\nThe Northern Territory Fire and Rescue Service is established.\n6 Role of Fire and Rescue Service\nThe role of the Fire and Rescue Service is, subject to any other Act:\n(a) to respond to all incidents in an emergency response area;\nand\n(b) to respond to all hazardous material incidents and transport\naccident rescues, wherever occurring, in the Territory; and\n(c) to respond to incidents, other than those mentioned in\nparagraph (b), outside an emergency response area when\nrequested by a police officer or a member of an organisation\nhaving responsibilities to respond to such incidents and\nwhere:\n(i) sufficient resources of the Fire and Rescue Service\nremain available to respond to incidents referred to in\nparagraph (a); and\n(ii) a response is within the resources and capabilities of the\nFire and Rescue Service; and\n(iii) a response will materially contribute to extinguishing or\ncontrolling the fire or dealing with the emergency; and\n(ca) to investigate the cause of a fire anywhere in the Territory; and\n(cb) to undertake hazard reduction:\n(i) to eliminate or reduce danger to life or property by fires\n(other than bushfires) and other emergencies anywhere\nin the Territory; and\n\nPart 2 Northern Territory Fire and Rescue Service\nDivision 1 Establishment of Northern Territory Fire and Rescue Service\nFire and Emergency Act 1996 6\n(ii) to eliminate or reduce danger to life or property by\nbushfires in an emergency response area; and\n(cc) to conduct training courses (with or without charge) in relation\nto any aspect of fire safety; and\n(d) to conduct community education and awareness programs\nrelating to fires and other emergencies and, in particular,\nrelating to fire safety and prevention; and\n(e) to develop and administer programs designed to promote\nsafety in building structures; and\n(f) to exercise those powers and perform those functions that are\nimposed on it or a member by any other law in force in the\nTerritory.\n7 Commissioner of Fire and Emergency Services\n(1) The Administrator may, by commission, appoint a person to be the\nCommissioner of Fire and Emergency Services.\n(2) The Commissioner holds office on the terms and conditions,\nincluding remuneration, expenses and allowances, determined by\nthe Administrator from time to time.\n(3) The Commissioner must exercise all the powers and perform all the\nfunctions of office in accordance with the written directions, if any,\ngiven by the Minister.\n(4) The Commissioner has general control and overall responsibility for\nthe management of the Fire and Rescue Service.\n(5) Without limiting subsection (4), the functions of the Commissioner\nare to do the following:\n(a) make provision in every emergency response area, so far as\nthe capacity and resources of the Fire and Rescue Service\npermits, for the effective response to all incidents, including\npreventing, suppressing and extinguishing fires or dealing with\nemergencies and for the safety of people and property\nendangered by fire or other emergencies;\n(b) ensure that the Fire and Rescue Service is maintained in\naccordance with this Act and in a state of operational\nreadiness;\n(c) review the efficiency and effectiveness of the Fire and Rescue\nService;\n\nPart 2 Northern Territory Fire and Rescue Service\nDivision 1 Establishment of Northern Territory Fire and Rescue Service\nFire and Emergency Act 1996 7\n(d) make provision for effective cooperation between the Fire and\nRescue Service, the Bushfires Council established by\nsection 21 of the Bushfires Management Act 2016 and the\nNorthern Territory Emergency Service as defined in section 8\nof the Emergency Management Act 2013;\n(e) enter into agreements and protocol arrangements with\norganisations, either within or outside the Territory, that can\nassist the Fire and Rescue Service in the performance of its\nrole under this Act;\n(f) enter into contractual arrangements for the provision of fire\nand rescue services, whether within an emergency response\narea or not;\n(g) enter into contractual arrangements for the provision of\nservices ancillary to fire and rescue services, including (but\nnot limited to) the supply, installation and monitoring of fire\nalarm systems;\n(h) enter into contractual arrangements for the provision (with or\nwithout charge) of training programs and public awareness\nprograms.\n(6) The Commissioner has the powers necessary to perform the\nCommissioner's functions.\n(7) The Commissioner may resign office by written notice given to the\nAdministrator.\n(8) A notice of resignation under subsection (7) has effect when\naccepted by the Administrator.\n7A Acting Commissioner\n(1) The Minister may, in writing, appoint a person to act as the\nCommissioner:\n(a) during a vacancy in the office; or\n(b) during any period, or during all periods, when the\nCommissioner is absent or unable to perform the duties of the\noffice.\n(2) A person appointed to act as the Commissioner during a vacancy in\nthe office must not continue to act for more than 12 months after\nthe vacancy occurred.\n\nPart 2 Northern Territory Fire and Rescue Service\nDivision 1 Establishment of Northern Territory Fire and Rescue Service\nFire and Emergency Act 1996 8\n(3) If a person is appointed under subsection (1)(b) and that office\nbecomes vacant while the person is acting, the person may\ncontinue to act in that office until:\n(a) the Minister otherwise directs; or\n(b) the office ceases to be vacant; or\n(c) the person resigns their appointment; or\n(d) the day 12 months after the day the vacancy occurred.\n(4) A person may resign an appointment under subsection (1) by\nwritten notice given to the Minister.\n(5) A notice of resignation under subsection (4) has effect when\naccepted by the Minister.\n(6) The validity of anything done by a person acting as Commissioner\nunder subsection (1) must not be called in question by reason of\nthe following:\n(a) any defect or irregularity in or in connection with the\nappointment;\n(b) that the occasion for the appointment had not arisen;\n(c) that the appointment had ceased to have effect.\n8 Chief Officer\n(1) There is a Chief Officer of the Fire and Rescue Service appointed\nby the Commissioner.\n(2) The Chief Officer must be a person with substantial experience in\nthe emergency response activities of a fire and rescue service.\n8A Approved forms\nThe Commissioner may approve forms for this Act.\n9 Powers and functions of Chief Officer\n(1) Subject to the directions of the Commissioner, the Chief Officer has\noperational responsibility for the Fire and Rescue Service.\n(2) The Chief Officer has the powers necessary to perform the Chief\nOfficer's functions.\n\nPart 2 Northern Territory Fire and Rescue Service\nDivision 3 Auxiliary members and volunteer members\nFire and Emergency Act 1996 9\n10 Delegation\nThe Minister and Commissioner may, in writing, delegate to a\nperson any of their powers and functions under this Act.\nDivision 2 Establishment of fire and emergency response\ngroups\n11 Establishment of fire and emergency response groups\n(1) The Minister may, for the purposes of this Act, establish fire and\nemergency response groups.\n(2) Where the Minister establishes a fire and emergency response\ngroup under subsection (1), the Minister must determine:\n(a) the name of the fire and emergency response group; and\n(b) the area in which the fire and emergency response group will\noperate.\n12 Operation of fire and emergency response group\n(1) In respect of each fire and emergency response group, the\nCommissioner must determine:\n(a) the core functions of the fire and emergency response group;\nand\n(b) the constitution under which the fire and emergency response\ngroup will operate; and\n(c) the relationship of the fire and emergency response group with\nother fire and emergency response groups and its obligations\nto other fire and emergency response groups.\n(2) The constitution of a fire and emergency response group may be\namended, with the approval of the Commissioner, in the manner set\nout in the constitution.\n(3) A fire and emergency response group shall consist of the members\nwho, in accordance with the constitution, are the members of the\ngroup.\nDivision 3 Auxiliary members and volunteer members\n13 Auxiliary members\n(1) The Commissioner may appoint a person to be an auxiliary\nmember of the Fire and Rescue Service.\n\nPart 2 Northern Territory Fire and Rescue Service\nDivision 4 Operation of Northern Territory Fire and Rescue Service\nFire and Emergency Act 1996 10\n(2) An auxiliary member must be paid for the member's services in\naccordance with a scale of fees determined by the Minister.\n(3) Subject to subsection (2), an auxiliary member must be employed\non such terms and conditions as are determined, from time to time,\nby the Commissioner.\n14 Volunteer members\n(1) The Commissioner may appoint a person to be a volunteer member\nof the Fire and Rescue Service.\n(2) A volunteer member must not be paid for the member's services.\n15 Protection of employment rights\nAn auxiliary member or volunteer member who, during or\nimmediately after a fire or other emergency, is absent from his or\nher usual employment or duties in connection with the fire or\nemergency, is not liable for dismissal, loss of long service leave,\nsick leave, recreation leave or other benefits to which he or she\nmay be entitled under the industrial award or agreement applicable\nto his or her usual employment, by reason only of his or her\nabsence on those duties, whether or not his or her usual employer\nhas consented to the absence.\nDivision 4 Operation of Northern Territory Fire and Rescue\nService\n16 Powers and functions of members\n(1) A member may exercise such powers and perform such functions\nas are conferred or imposed on the member by or under this Act or\nany other law in force in the Territory.\n(2) A member must promptly obey all lawful instructions given to the\nmember by a member of a higher rank, or a member of the same\nrank, under whose control, direction or supervision the member is\nperforming his or her duties.\n17 General orders\n(1) The Commissioner may, from time to time, in writing, issue such\ngeneral orders and instructions as are necessary to ensure the\neffective and efficient operation of the Fire and Rescue Service.\n\nPart 3 Fires and other emergencies\nDivision 1 Dealing with fires and other emergencies\nFire and Emergency Act 1996 11\n(2) Without limiting the generality of subsection (1), the general orders\nand instructions may make provision for and in relation to:\n(a) the ranks in, and the command structure of, the Fire and\nRescue Service; and\n(b) methods of training of members; and\n(c) the times and manner in which members are to undergo\nmedical examinations; and\n(d) the preparation, maintenance and availability of service\nrecords of members; and\n(e) the response by members to incidents outside an emergency\nresponse area.\nPart 3 Fires and other emergencies\nDivision 1 Dealing with fires and other emergencies\n18 Members to attend all incidents\nWhen a call to an incident is received, whether orally, by automatic\nalarm or by other means, those members as are determined by the\nCommissioner must proceed promptly to the place where a fire or\nother emergency is, or is thought to be, with such equipment as is\navailable to those members for the purpose of extinguishing or\ncontrolling the fire or dealing with the emergency, if any.\n19 Incident commander\n(1) At an incident, the incident commander:\n(a) has responsibility for extinguishing or controlling the fire or\ndealing with the emergency; and\n(b) has command of the members at the fire or other emergency\nand the equipment available to those members; and\n(c) has the powers and functions that are conferred or imposed\non an incident commander by or under this Act.\n(2) At an incident there must be one incident commander who is,\nsubject to subsection (3):\n(a) the member of the highest rank or designation within the\ncommand structure of the Fire and Rescue Service who first\nattends at a fire or other emergency; or\n\nPart 3 Fires and other emergencies\nDivision 1 Dealing with fires and other emergencies\nFire and Emergency Act 1996 12\n(b) a member of a higher rank or designation who subsequently\nattends the fire or emergency and assumes command at the\nfire or emergency; or\n(c) a member to whom the powers and functions of the incident\ncommander are transferred.\n(3) The Commissioner may appoint a person, including a person\nexercising powers or performing functions under a law of a State\nrelating to dealing with fires or other emergencies in that State, to\nbe an incident commander.\n(4) An appointment under subsection (3) may be made for any one or\nmore of the following:\n(a) for a particular fire or other emergency;\n(b) for a class of fires or other emergencies;\n(c) for all fires or other emergencies in a specified area;\n(d) for a specified period.\n(5) An appointment under subsection (3) may be subject to such\nconditions, if any, as the Commissioner thinks fit.\n(6) A person appointed under subsection (3) is, subject to the person's\nappointment, the incident commander in relation to a fire or other\nemergency to which the person's appointment relates, but nothing\nin this subsection prevents the Commissioner from appointing\nanother person in place of the incident commander at a fire or other\nemergency.\n(7) Nothing:\n(a) in subsection (2)(b) prevents a second or subsequent member\nassuming command at a fire or other emergency in\naccordance with that paragraph; or\n(b) in subsection (2)(c) prevents a member to whom the powers\nand functions of the incident commander are transferred,\ntransferring those powers and functions to another member.\n20 Powers of incident commander\n(1) The incident commander at a fire or other emergency must:\n(a) try, by such practicable means as he or she thinks fit, to\ncontrol and extinguish the fire or deal with the emergency and\nto protect and save life and property; and\n\nPart 3 Fires and other emergencies\nDivision 1 Dealing with fires and other emergencies\nFire and Emergency Act 1996 13\n(b) control and direct those members who are at the fire or other\nemergency and any person who voluntarily places his or her\nservices at the incident commander's disposal.\n(2) Without limiting the generality of subsection (1), the incident\ncommander, at or immediately after a fire or other emergency, may\nexercise any of the following powers:\n(a) enter, or cause to be entered, and, if necessary, force open, or\ncause to be forced open, any land, building, vehicle or vessel\non fire or which he or she considers may be on fire, menaced\nby fire, or in the vicinity of the fire or other emergency;\n(b) cause land, a building, vehicle or vessel to be taken\npossession of, pulled down, sunk, damaged, destroyed or\nremoved;\n(c) take, or cause to be taken, equipment (including a vehicle)\ninto, through, over or on land, a building, vehicle or vessel\nwhich he or she considers provides convenient access to the\nfire or other emergency;\n(d) take possession of, remove and keep in safe custody any\nproperty on land or in a building, vehicle or vessel on fire or in\nthe vicinity of the fire or other emergency;\n(e) cause a street or thoroughfare in the vicinity of the fire or other\nemergency to be closed to traffic during the continuance of the\nfire or emergency;\n(f) order a person to vacate land, a building, vehicle or vessel on\nfire or in the vicinity of the fire or other emergency;\n(g) remove, or order a member to remove, a person, vehicle,\nvessel or thing the presence of whom or which at or near the\nfire or other emergency might, in the incident commander's\nopinion, interfere with the work of the members, or create a\ndanger;\n(h) pull down, destroy or shore up, or cause to be pulled down,\ndestroyed or shored up, a wall or building which, in the\nincident commander's opinion, has, as a result of the fire or\nemergency, become damaged, insecure or dangerous to life\nor property;\n(j) use, without being liable to pay for it, any convenient supply of\nwater to extinguish the fire;\n(k) cause water to be shut off from a main or pipe, or to be\nredirected, to obtain a greater pressure or supply of water;\n\nPart 3 Fires and other emergencies\nDivision 1 Dealing with fires and other emergencies\nFire and Emergency Act 1996 14\n(m) cause the supply of electricity, gas or other fuel to land or a\nbuilding:\n(i) on fire;\n(ii) adjacent to land or a building on fire; or\n(iii) in the vicinity of the fire or other emergency,\nto be shut off or disconnected;\n(ma) cause a fire or fires to be lit as a precautionary measure to\nprevent the spread of a larger fire;\n(n) administer, or cause to be administered, first aid and basic life\nsupport to persons injured by the fire or other emergency;\n(o) require any potentially contaminated person to undergo\ndecontamination procedures if the nature of the fire or\nemergency gives rise to concern that a biological or chemical\nhazard exists;\n(p) direct or authorise the doing by a member or by a person who\nvoluntarily places his or her services at the disposal of the\nincident commander, of an act or thing which the incident\ncommander is, under this section, empowered to do.\n(3) Subject to subsection (4), where at or immediately after a fire or\nother emergency, a member or a police officer is of the opinion that,\nfor the purpose of protecting life or property or controlling or\nextinguishing the fire or dealing with the emergency, it is necessary\nor desirable to do an act or thing which the incident commander is\nempowered to do under subsection (2), not being an act or thing\nspecified in paragraph (h) or (p) of that subsection, the member or\npolice officer may, without the authority of the incident commander,\ndo that act or thing.\n(4) A member or a police officer may only do an act or thing referred to\nin subsection (3) without the authority of the incident commander\nwhere it is not practicable for the authority for the doing of that act\nor thing to be obtained from the incident commander.\n(5) A person supplying water or electricity is not liable to a penalty or\ndamages as a result of an interruption of supply caused by the\nexercise of a power specified in subsection (2)(k) or (m).\n(6) The expense of pulling down, destroying or shoring up a wall or\nbuilding in the exercise of the power specified in subsection (2)(h)\nmust be borne by the owner of the wall or building and is a debt due\nand payable to the Territory.\n\nPart 3 Fires and other emergencies\nDivision 2 Investigations of fires and other emergencies\nFire and Emergency Act 1996 15\n(7) The exercise of a power or the performance of a function under this\nsection by a person is conclusive evidence of his or her authority to\ndo so, and no person shall be concerned to inquire whether the\noccasion requiring the person to do so had arisen or has ceased.\n21 Authority of incident commander to be recognised\n(1) A person must obey an instruction or order given, in accordance\nwith a duty imposed or a power conferred by this Act or the\nRegulations, by any of the following:\n(a) the Commissioner or the incident commander;\n(b) a member acting under the orders of the Commissioner or the\nincident commander;\n(c) a member or a police officer acting in accordance with\nsection 20.\n(2) A police officer must give such assistance as is reasonably required\nto enable an incident commander to exercise his or her authority or\nenforce obedience to an instruction or order given by the incident\ncommander or a member in the performance of a duty imposed or\nthe exercise of a power conferred by this Act or the Regulations.\nDivision 2 Investigations of fires and other emergencies\n22 Fire investigators\n(1) The Commissioner may appoint a person to be a fire investigator\nfor the purpose of investigating fires and other emergencies.\n(2) A fire investigator may exercise such powers and perform such\nfunctions as are given by or under this or any other Act.\n(3) The Commissioner must issue to a fire investigator an identity card\ncontaining a photograph and the signature of the fire investigator\nverified by the signature of the Commissioner.\n(4) A fire investigator whose appointment is terminated must surrender\nto the Commissioner the identity card issued to the person under\nsubsection (3).\n(5) A fire investigator must, when exercising or performing any of the\ninvestigator's powers or functions, produce the identity card issued\nto the fire investigator under subsection (3) to a person who\nquestions the authority of the fire investigator to exercise the power\nor perform the function.\n\nPart 3 Fires and other emergencies\nDivision 2 Investigations of fires and other emergencies\nFire and Emergency Act 1996 16\n(6) The production by a fire investigator of an identity card issued\nunder subsection (3) is, until the contrary is proved, sufficient\nauthority for the fire investigator to do any thing which the fire\ninvestigator is permitted to do by or under this Act.\n23 Powers of fire investigators\n(1) A fire investigator may request a person to provide his or her name\nand address to the fire investigator where the fire investigator\nbelieves, on reasonable grounds, that the person may be able to\nassist the fire investigator in connection with the investigation of a\nfire or other emergency.\n(2) A person to whom a request is made under subsection (1) must\nnot:\n(a) refuse or fail to comply with the request; or\n(b) provide a name that is false in a material particular; or\n(c) provide an address other than the full and correct address of\nhis or her ordinary place of residence.\n(3) In addition to section 24, where a fire investigator suspects, on\nreasonable grounds, that an offence has been committed in relation\nto a fire or other emergency, the fire investigator may, for the\npurposes of investigating the offence, exercise any of the following\npowers:\n(a) enter any land, building, vehicle or vessel; and\n(b) carry out a search of the land, building, vehicle or vessel; and\n(c) seize anything found on the land, building, vehicle or vessel\nthat the fire investigator believes, on reasonable grounds, is\nconnected with the commission of the offence.\n24 Fire investigations\n(1) The Commissioner, a fire investigator, a member or an authorised\nperson may exercise any of the following powers:\n(a) cause the debris of a fire and land or a building, vehicle or\nvessel where a fire has occurred to be searched;\n(b) remove and keep possession of any material which, in his or\nher opinion, may tend to prove the origin of the fire.\n\nPart 3 Fires and other emergencies\nDivision 3 Prevention of fires and other emergencies\nFire and Emergency Act 1996 17\n(2) For the purposes of subsection (1), the Commissioner, a fire\ninvestigator, a member or an authorised person may exercise any\nof the following powers:\n(a) enter land, a building, vehicle or vessel and take possession\nof the land, building, vehicle or vessel or anything on the land\nor in the building, vehicle or vessel, where a fire or other\nemergency has occurred;\n(b) retain possession of the land, building, vehicle or vessel and\nof anything in or on it:\n(i) until an inquest under the Coroners Act 1993 into the fire\nor other emergency has been held; or\n(ii) if no inquest is held, for a reasonable time;\n(c) prevent a person from entering the land, building, vehicle or\nvessel;\n(d) remove a person from the land, building, vehicle or vessel;\n(e) prevent a person from removing anything from the land,\nbuilding, vehicle or vessel.\nDivision 3 Prevention of fires and other emergencies\n24A Definition\nIn this Division:\nplace means land, a building, a vehicle or a vessel.\n25 Hazard reduction powers of entry and inspection\n(1) For the purpose of hazard reduction, the Chief Officer or an\nauthorised person may enter a place as follows:\n(a) at any time to determine if a law for the prevention of fire or\nthe protection of life or property from danger arising from fire is\nbeing complied with;\n(b) if the place is in an emergency response area and the Chief\nOfficer or authorised person reasonably believes that a hazard\nin relation to a fire exists in relation to the place – at any time\nto conduct a strategic burn-off to eliminate or reduce the\nhazard;\n\nPart 3 Fires and other emergencies\nDivision 3 Prevention of fires and other emergencies\nFire and Emergency Act 1996 18\n(c) if the Chief Officer or authorised person knows or reasonably\nsuspects that explosive, flammable or combustible material is\nbeing kept at the place – at any time to determine if a law\nrelating to the keeping of the material is being complied with;\n(d) if the Chief Officer or authorised person reasonably believes\nthat a hazard exists in relation to the place – at a reasonable\ntime to inspect the place, and the arrangement and condition\nof anything at the place, to determine if the hazard exists.\n(2) If the Chief Officer or an authorised person reasonably believes that\na hazard exists in relation to a place, the Chief Officer or authorised\nperson may serve a notice on one of the following persons requiring\nthe person to take action to eliminate or reduce the hazard:\n(a) the owner of the place if, in the opinion of the Chief Officer or\nauthorised person, the hazard arises from the state of repair of\nthe place;\n(b) the owner or occupier of the place if, in the opinion of the\nChief Officer or authorised person, the hazard arises from:\n(i) the arrangement and condition of anything at the place;\nor\n(ii) the storage of explosive, flammable or combustible\nmaterial at the place; or\n(iii) a failure, in relation to the place, to comply with a law for\nthe prevention of fire or the protection of the public from\ndanger arising from fire.\n(3) The notice must specify:\n(a) the action the person must take to eliminate or reduce the\nhazard; and\n(b) the time within which the person must take the action; and\n(c) that failure to comply with the notice is an offence.\n(4) The person must comply with the notice.\n(5) If the person does not comply with the notice the Chief Officer or\nauthorised person may:\n(a) take the action; and\n(b) for taking the action, enter, by reasonable force if necessary,\nthe place with the necessary workers and equipment.\n\nPart 3 Fires and other emergencies\nDivision 3 Prevention of fires and other emergencies\nFire and Emergency Act 1996 19\n(6) In addition to a penalty for which the person may be liable for failing\nto comply with the notice, the cost of taking an action under\nsubsection (5):\n(a) is a debt due and payable to the Territory by the person; and\n(b) if the action taken relates to land or a building on land – is a\nstatutory charge, as defined in section 4 of the Land Title\nAct 2000, on the land.\n(7) In this section:\nhazard means a direct or indirect danger by fire or other\nemergency to life or property.\nstrategic burn-off means the lighting of a fire as a hazard\nreduction measure.\n26 Review of requirement\n(1) A person who is served with a notice under section 25(2) may apply\nto the Commissioner for review of a requirement specified in the\nnotice.\n(2) The application must:\n(a) be in writing; and\n(b) state in detail the grounds on which the application is based\nand the particulars that support those grounds; and\n(c) be lodged with the Commissioner within the shorter of the\nfollowing:\n(i) the period ending 3 days after the person is served with\nthe notice;\n(ii) the period for compliance with the notice specified in the\nnotice.\n(3) The Commissioner must, as soon as practicable after the\napplication is made, decide to:\n(a) confirm that the requirement must be complied with and\nsubstitute a further period for compliance with the notice; or\n(b) amend the notice; or\n(c) cancel the notice.\n\nPart 3 Fires and other emergencies\nDivision 3 Prevention of fires and other emergencies\nFire and Emergency Act 1996 20\n(4) The operation of the notice is suspended until the Commissioner\ndecides the application.\n(5) However, if, in the opinion of the Commissioner, the danger to life\nor property in relation to which the notice was issued is imminent:\n(a) the Commissioner may refuse to consider the application; and\n(b) subsection (4) does not apply.\n(6) The decision of the Commissioner under subsection (3) is final.\n27 Liability where notice not complied with\n(1) Where:\n(a) a person has failed to comply with the requirements of a\nnotice under section 25(2); and\n(b) a fire or other emergency occurs at the place to which the\nnotice relates or to property adjacent to the place;\nthe person is, subject to subsection (2), liable to pay, in addition to\nany penalty provided by this Act:\n(c) the expense incurred in extinguishing or attempting to\nextinguish the fire or in dealing with or attempting to deal with\nthe emergency; and\n(d) the amount of the damage done to any property by the fire or\nother emergency.\n(2) A person referred to in subsection (1) is not liable for the expense\nor damages referred to in that subsection if the person proves that\nthe fire was not a result of his or her failure to comply with the\nnotice.\n(3) Subsection (1) applies whether or not a request has been lodged\nunder section 26.\n27A Certain buildings to be inspected regularly\n(1) The Regulations may prescribe a class or classes of buildings that,\nbecause of the nature of their use or intended use, are to be\ninspected regularly by the Chief Officer or an authorised person to\nensure that:\n(a) the requirements of any law in force in the Territory; and\n(b) the standards imposed by any Australian Standard as in force\nfrom time to time;\n\nPart 4 Restrictions on lighting fires\nDivision 1 Fires in open air\nFire and Emergency Act 1996 21\nin relation to fire safety are met and continue to be met and that\npersons who work in any such building are trained in essential fire\nsafety.\n(2) The Regulations may provide for obligations of the owner or\noccupier of a building or a class of building prescribed under\nsubsection (1) in relation to safety in a fire or other emergency.\n(3) It is an offence for the owner or occupier (as the case may be) of a\nbuilding prescribed under subsection (1) to fail to comply with a\ndirection given by the Chief Officer or an authorised person to the\nowner or occupier to take specified action in order to reduce the\ndanger by fire or other emergency to life or property in relation to\nthe building.\n27B Certain buildings may be treated as within different prescribed\nclass\n(1) The Chief Officer or an authorised person may give notice in writing\nto the owner or occupier of a particular building that the building will\nbe treated as being within a specified class of buildings prescribed\nunder section 27A(1) that is different from the class of buildings to\nwhich the building would otherwise be considered to belong.\n(2) The notice may be given if, because of the nature of the use of the\nbuilding or for other reasons, the Chief Officer or authorised person\nconsiders it is necessary to reduce the danger from fire or other\nemergency to life or property.\n(3) Section 27A and the Regulations apply in relation to the particular\nbuilding as if it were within the specified class of buildings.\n(4) An owner or occupier of a building who is aggrieved by a notice\nunder subsection (1) may request the Commissioner to review the\nnotice, or a requirement arising as a result of the issue of the\nnotice, and section 26(2), (3), (4) and (5) applies (with the\nnecessary changes) as if the notice were a notice issued under\nsection 26(1).\nPart 4 Restrictions on lighting fires\nDivision 1 Fires in open air\n28 General prohibition against lighting fires in open air\nA person must not, in an emergency response area, light a fire, or\ncause a fire to be lit, in the open air unless permitted by or under\nthis Act.\n\nPart 4 Restrictions on lighting fires\nDivision 2 Fire ban days\nFire and Emergency Act 1996 22\n29 Lawful fires\nSection 28 does not apply to a person who lights a fire:\n(a) in accordance with a permit; or\n(b) for the purpose of meal preparation or personal comfort in\naccordance with the requirement specified in the Regulations;\nor\n(c) for a prescribed purpose in accordance with the requirements\nspecified in the Regulations.\n30 Granting of permits\n(1) A person requiring a permit to light a fire in the open air in an\nemergency response area must apply, either orally or in writing, to\nthe Commissioner for the permit.\n(2) The Commissioner, on receiving an application under subsection\n(1), may grant or refuse to grant the permit.\n(5) A permit must be in the approved form and may be subject to such\nconditions, if any, as the Commissioner thinks fit and specifies in\nthe permit.\n(6) A person must not:\n(a) contravene a permit or a condition to which a permit is subject;\n(b) provide false or misleading information in respect of an\napplication for a permit; or\n(c) except with the consent of the Commissioner, alter a particular\nor condition shown on a permit.\nMaximum penalty: 100 penalty units or imprisonment for\n2 years.\nDivision 2 Fire ban days\n31 Declaration of fire ban days\n(1) The Commissioner may, by written notice, declare a day in respect\nof an emergency response area specified in the notice to be a fire\nban day.\n(2) A declaration under subsection (1) may provide as follows:\n(a) specify fires that are not subject to the ban;\n\nPart 5 Responsibilities of occupiers of land in relation to fires\nFire and Emergency Act 1996 23\n(b) prohibit or restrict the use of specified machines or apparatus\nin the open air on the fire ban day.\n(3) With the view of ensuring general public knowledge of a declaration\nunder subsection (1), the Commissioner must cause the declaration\nto be published in such a manner as the Commissioner thinks fit,\nand without limiting the generality of this subsection, the\nCommissioner may cause an announcement of the declaration to\nbe:\n(a) transmitted by a radio or television station; or\n(b) published in a newspaper circulating in the Territory.\n32 Fires prohibited on fire ban days\nNotwithstanding section 29 but subject to section 31, a person must\nnot light a fire in the open air or allow a fire in the open air to remain\nalight in an emergency response area on a day declared to be a fire\nban day in that emergency response area.\nPart 5 Responsibilities of occupiers of land in relation\nto fires\n33 Occupier to extinguish fire\nWhere a fire is burning on land in an emergency response area and\nthe lighting of the fire is not permitted by or under this or any other\nAct, the occupier of the land must:\n(a) immediately on becoming aware of the fire, take all\nreasonable steps to extinguish or control the fire (regardless of\nwho lit it); and\n(b) if the fire is not extinguished – report the existence and\nlocation of the fire to a member or a police officer as soon as\npracticable.\n34 Power of occupier to enter land etc.\n(1) Subject to subsections (2) and (3), an occupier of land in an\nemergency response area who believes on reasonable grounds\nthat a grass or bush fire which is burning on land within 1 kilometre\nof his or her land constitutes a fire risk to his or her land may,\ntogether with persons acting on his or her direction, exercise any of\nthe following powers:\n(a) enter the land on which the fire is burning and any other land\nin order to gain access to the land in which the fire is burning;\n\nPart 6 Offences\nDivision 1 Offences relating to fires\nFire and Emergency Act 1996 24\n(b) take on to any of the land referred to in paragraph (a) a\nvehicle or equipment for extinguishing or controlling the fire;\n(c) take all reasonable measures to extinguish or control the fire.\n(2) An occupier of land must not do or direct the doing of an act\nreferred to in subsection (1) if notice, either orally or written, of the\nintention to light the fire has been given to the occupier by the\nperson lighting it or by a member or a police officer unless the\noccupier believes on reasonable grounds that the fire has been\nunlawfully lit or is out of control.\n(3) If it is practicable to contact a member or a police officer, an\noccupier of land:\n(a) must not do or direct the doing of any act referred to in\nsubsection (1) unless a member or a police officer has been\nnotified of the situation; and\n(b) must comply with any direction given by the member or the\npolice officer in respect of the doing of any act.\nPart 6 Offences\nDivision 1 Offences relating to fires\n35 General offences\n(1) A person who:\n(a) except in accordance with a permit, drops, discards, throws\ndown or otherwise disposes of any burning article or\nsubstance (or anything otherwise capable of causing fire):\n(i) thereby causing a fire; or\n(ii) in such circumstances as to be likely to cause a fire; or\n(b) destroys, damages, removes, covers or otherwise interferes\nwith a notice relating to the lighting of fires displayed by the\nCommissioner or by a member for the purposes of this Act; or\n(c) obstructs or interferes with a member acting in the\nperformance of a duty or the exercise of a power under this\nAct; or\n(d) drives a vehicle over a fire hose; or\n\nPart 6 Offences\nDivision 1 Offences relating to fires\nFire and Emergency Act 1996 25\n(e) drives a vehicle so near a fire or other emergency or\nequipment in use at a fire or other emergency as to interfere\nwith the operation of a member, or the equipment; or\n(f) destroys, damages or interferes with:\n(i) equipment used by a member to extinguish a fire or deal\nwith an emergency; or\n(ii) a building used by a fire and emergency response\ngroup, being the property of the Territory; or\n(g) covers up, damages, encloses, conceals or interferes with a\nfire hydrant, fire extinguisher, hose reel or other fire fighting\nequipment; or\n(h) covers up, damages, conceals, obliterates or removes a mark,\nsign or letter indicating the position of or distinguishing a fire\nhydrant; or\n(j) tampers with a fire alarm or signalling apparatus for giving\nnotice of fire; or\n(k) gives a false alarm of a fire or other emergency;\nis guilty of an offence.\n(2) A person who stores or deposits flammable or combustible material\nof such a nature and in such a manner, position or quantity that it is\nor may become a direct or an indirect danger to life or property is\nguilty of an offence.\n36 Fires to be extinguished\n(1) A person must not leave a fire in the open air in an emergency\nresponse area which he or she has lit or used unless it has been\nthoroughly extinguished.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) that the person had, before leaving the fire, arranged\nwith a responsible person who also used the fire to remain at the\nplace where the fire is and not leave it unless that person has:\n(a) thoroughly extinguished the fire; or\n(b) made a similar arrangement with another responsible person\nwho used the fire.\n\nPart 6 Offences\nDivision 2 Offences in relation to Fire and Rescue Service\nFire and Emergency Act 1996 26\n(3) A person who, before the commencement of a fire ban day, lit or\nused a fire in the emergency response area in respect of which the\nfire ban day is declared must :\n(a) thoroughly extinguish the fire; or\n(b) if the person is unable to thoroughly extinguish the fire, without\ndelay notify a member of that fact.\n(4) A member who is notified of a fire under subsection (3) may give to\nthe person such directions, for the purpose of controlling the fire, as\nthe member thinks fit.\n(5) A person to whom a direction is given under subsection (4) must\ncomply with and not contravene the direction.\nDivision 2 Offences in relation to Fire and Rescue Service\n37 Delivery of property\nA person, on ceasing to be a member, must return to the\nCommissioner, or to such person, and at such time and place, as\nthe Commissioner directs, all property which has been supplied to\nthe person for the execution of the person's duty or which is in the\nperson's custody by virtue of having been a member.\n38 Communication of information\n(1) A member must not, without reasonable cause, publish or\ncommunicate a fact or document to any other person which comes\nto the knowledge or into the possession of the member in the\ncourse of his or her duties as a member and which the member has\nnot been authorised to disclose.\n(2) A person, after ceasing to be a member, must not publish or\ncommunicate a fact or document which, if the person had still been\na member, the person would not have been entitled to disclose.\n39 Personation\nA person must not, without lawful excuse, personate a member.\n40 Offering bribe\nA person must not directly or indirectly:\n(a) offer or give a bribe or reward to; or\n(b) enter into an agreement with; or\n\nPart 7 Miscellaneous matters\nFire and Emergency Act 1996 27\n(c) seek an undertaking from;\na member for the purpose of that member performing his or her\nduties as a member in a particular manner or forgoing any of his or\nher duty as a member.\nPart 7 Miscellaneous matters\n41 Restrictions on sale of notified articles\n(1) The Minister may, by Gazette notice, prohibit or regulate the sale,\nuse or possession of an article or substance that the Commissioner\nconsiders may constitute a risk of fire.\n(2) A person who sells, uses or possesses an article or substance in\ncontravention of a notice under subsection (1) is guilty of an\noffence.\n(3) Where the Commissioner or an authorised person suspects that an\narticle or substance the sale, use or possession of which is\nprohibited or regulated by a notice under subsection (1) is being\nsold, used or possessed in contravention of the notice, the\nCommissioner or authorised person may seize the article or\nsubstance and, for that purpose, may enter any land, building,\nvehicle, vessel or other place in or on which the article or substance\nis, or is thought to be, situated.\n42 Damage within insurance policy\nWhere, as a consequence of the Commissioner, a member or a\npolice officer exercising powers or performing functions under this\nAct at a fire or other emergency, damage is caused to property\nwhich, if caused by the fire or emergency, would be covered by a\npolicy of insurance held by the owner of the property, the damage is\ndeemed to be damage covered by the policy, notwithstanding a\nclause or condition to the contrary in the policy.\n43 Fees and charges\n(1) If a member, with or without equipment, attends a fire or other\nemergency as required under this Act, the fees or charges\nprescribed by regulation are:\n(a) payable in accordance with this section; and\n(b) recoverable from the persons liable as a debt due to the\nTerritory.\n\nPart 7 Miscellaneous matters\nFire and Emergency Act 1996 28\n(2) Subject to subsections (4) to (6), the persons liable for the fees or\ncharges are:\n(a) for a fire or other emergency affecting land or buildings – the\nowners and occupiers of the land or buildings affected, or of\nany land, building or part of a building forming part of the land\nor buildings affected; or\n(b) otherwise – the owner or owners of, and any other person or\npersons having an interest in, the property, or any part of the\nproperty, which was affected by the fire or emergency or to\nwhich the emergency related.\n(3) If 2 or more persons are liable for the fees or charges, the liability is\njoint and several.\n(4) The owners of land or a building on the land are liable for the fees\nor charges if:\n(a) a member, with or without equipment, attends the land or\nbuilding in response to an alarm installed for the protection of\nthe land or building; and\n(b) there is in fact no fire or other emergency.\n(5) However, if the Commissioner has entered into an agreement with\nthe occupier of the land or building to monitor the alarm, the fees or\ncharges are payable by the occupier.\n(6) The person who makes a call to the Fire and Rescue Service for\nattendance at a fire or other emergency at a place is liable for the\nfees or charges if:\n(a) a member, with or without equipment, attends at the place in\nresponse to the call; and\n(b) there is in fact no fire or other emergency at the place.\n(7) A regulation may prescribe other fees or charges payable under\nthis Act, including fees and charges for performing a function under\nanother Act.\n(8) Fees or charges payable in relation to land or a building on land is a\nstatutory charge, as defined in section 4 of the Land Title Act 2000,\non the land.\n\nPart 7 Miscellaneous matters\nFire and Emergency Act 1996 29\n44 Commissioned ranks\nThe Administrator may issue his or her commission to a member\nappointed or promoted to a prescribed rank or a rank above a\nprescribed rank, whether the appointment or promotion was made\nbefore or after the commencement of this Act.\n45 Fire and Rescue Service Gazette\nThe Commissioner may authorise the publication of a document to\nbe known as the Fire and Rescue Service Gazette containing such\norders, instructions, determinations, directions, notices and other\nthings as the Commissioner thinks fit.\n47 Protection of members\nAn action or proceeding cannot be brought against a member to\nrecover damages in respect of damage to property or injury to a\nperson arising out of anything done or omitted to be done by the\nmember in good faith in the exercise of a power or the performance\nof a function under this Act or the Regulations or done or omitted by\nthe member in good faith in the purported exercise of a power or\nthe performance of a function under this Act or the Regulations.\n48 Liability of person for fire lit by agent or employee\nWhere a person commits an offence against this Act in respect of\nthe lighting of a fire as an agent or employee of another person,\nthat other person may be prosecuted and found guilty of the offence\nunless it is proved that the agent or employee was acting contrary\nto instructions and the other person could not have prevented the\ncommission of the offence by exercising reasonable supervision.\n49 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if the\nbody corporate commits an offence by contravening a declared\nprovision (a relevant offence).\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) An offence against subsection (1) is a regulatory offence.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant:\n(a) was not in a position to influence the conduct of the body\ncorporate in relation to the contravention; or\n\nPart 7 Miscellaneous matters\nFire and Emergency Act 1996 30\n(b) took reasonable steps to prevent the contravention; or\n(c) did not know, and could not reasonably have been expected\nto know, that the contravention would happen.\n(4) In deciding whether the defendant took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the defendant took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the defendant took when the defendant became\naware that the contravention was, or could be, about to\nhappen.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) This section does not affect the liability of the body corporate.\n(7) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(8) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(9) In this section:\ndeclared provision means:\n(a) section 25(4), 27A(3) or 30(6); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n\nPart 7 Miscellaneous matters\nFire and Emergency Act 1996 31\n50 Evidence in proceedings\nIn proceedings in respect of an offence against this Act, a certificate\npurporting to be signed by the Commissioner to the effect that, on a\ndate specified in the certificate:\n(a) a permit was or was not in force; or\n(b) a fire ban day was or was not in force in respect of an\nemergency response area; or\n(c) a notice required to be served under this Act was or was not\nserved; or\n(d) a place specified in the certificate was or was not in an\nemergency response area; or\n(e) a person was or was not a member;\nis, in the absence of proof to the contrary, evidence of the matter\nstated in the certificate.\n51 Commencement of prosecutions\n(1) A prosecution for an offence against this Act must not be\ncommenced except by the Commissioner or an authorised person.\n(2) An averment in a complaint that a person is an authorised person is\nevidence that the person is an authorised person for the purposes\nof subsection (1).\n52 General penalty\nA person who contravenes a provision of this Act for which no\npenalty is provided other than by this section, is guilty of an offence.\nMaximum penalty: 100 penalty units or imprisonment for\n2 years.\n53 Continuing offence\n(1) This section applies if a court has found a person guilty of an\noffence against this Act.\n(2) The court may, in addition to any penalty imposed for the offence,\nimpose a penalty not exceeding 5 penalty units for each day during\nwhich the offence continues after the day the offence is committed.\n54 Regulations\n(1) The Administrator may make regulations under this Act.\n\nPart 7 Miscellaneous matters\nFire and Emergency Act 1996 32\n(2) The regulations may provide for the following:\n(a) matters relevant or incidental to fire safety and prevention on\nland, buildings, vehicles, or vessels, and appropriate to the\ntraining or education of persons and the community;\n(b) measures necessary for ensuring effective fire safety in\nbuilding structures;\n(c) measures for minimising the danger of fires and other\nemergencies;\n(d) measures for the protection of land, buildings, vehicles,\nvessels and persons from fires and other emergencies;\n(e) measures for handling flammable or combustible material and\nthe manner of stacking, storing and keeping it;\n(f) matters incidental to administration and control of fire and\nemergency response groups;\n(g) the payment of a prescribed amount in lieu of a penalty which\nmay otherwise be imposed for an offence against this Act or\nthe Regulations;\n(h) the service of notices on persons alleged to have infringed this\nAct and particulars to be included in such notices;\n(i) the withdrawal of a notice referred to in paragraph (h), whether\nor not a prescribed amount has been paid under the notice, for\nthe purpose of prosecuting a person for the alleged offence; or\n(j) apply, adopt or incorporate (with or without changes) the\nwhole or part of a document as in force or existing at a\nparticular time or from time to time;\n(k) an offence against a regulation to be a regulatory offence.\n\nPart 9 Transitional matters for Fire and Emergency Legislation Amendment Act 2024\nFire and Emergency Act 1996 33\nPart 8 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n55 Offences – before and after commencement\n(1) Section 49, as inserted by the Statute Law Amendment (Directors'\nLiability) Act 2015, (the new section) applies in relation to a\nrelevant offence committed by a body corporate after the\ncommencement of Part 2, Division 10 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 49, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a\ncorporation before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new section does not apply.\nPart 9 Transitional matters for Fire and Emergency\nLegislation Amendment Act 2024\n56 Definition\nIn this Part:\ncommencement means commencement of section 17 of the Fire\nand Emergency Legislation Amendment Act 2024.\n57 Chief Fire Officer\nThe person who, immediately before the commencement, was the\nChief Fire Officer appointed under section 7, is taken, on the\ncommencement, to be the Chief Officer.\n\nPart 9 Transitional matters for Fire and Emergency Legislation Amendment Act 2024\nFire and Emergency Act 1996 34\n58 Actions, agreement and arrangements\n(1) Any action, agreement, arrangement, plan or other thing taken,\nmade, prepared or done by the Director or the Chief Executive\nOfficer and in effect immediately before the commencement are\ntaken, after the commencement, to be taken, made or done by the\nCommissioner.\n(2) Any action, agreement, arrangement, plan or other thing taken,\nmade, prepared or done by the Chief Fire Officer before the\ncommencement, other than a nomination under section 61(2)(b) of\nthe Emergency Management Act 2013, is taken, after the\ncommencement, to be taken, made or done by the Chief Officer.\n\nENDNOTES\nFire and Emergency Act 1996 35\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nFire and Emergency Act 1996 (Act No. 14, 1996)\nAssent date 19 April 1996\nCommenced 1 May 1996 (Gaz S10, 1 May 1996)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nFire and Emergency Amendment Act 2004 (Act No. 22, 2004)\nAssent date 28 April 2004\nCommenced 28 July 2004 (Gaz G30, 28 July 2004, p 2)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nFire and Emergency Legislation Amendment Act 2009 (Act No. 39, 2009)\nAssent date 15 December 2009\nCommenced 24 February 2010 (Gaz G8, 24 February 2010, p 11)\nFire and Emergency Amendment Act 2010 (Act No. 49, 2010)\nAssent date 13 December 2010\nCommenced 1 July 2011 (Gaz G26, 29 June 2011, p 8)\n\nENDNOTES\nFire and Emergency Act 1996 36\nWork Health and Safety (National Uniform Legislation) Implementation Act 2011 (Act\nNo. 38, 2011)\nAssent date 14 December 2011\nCommenced 1 January 2012 (Gaz S78, 30 December 2011)\nEmergency Management Act 2013 (Act No. 27, 2013)\nAssent date 8 November 2013\nCommenced 27 November 2013 (Gaz S63, 27 November 2013)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nBushfires Management Act 2016 (Act No. 14, 2016)\nAssent date 7 June 2016\nCommenced 1 November 2016 (Gaz S111, 27 October 2016)\nFire and Emergency Legislation Amendment Act 2024 (Act No. 5, 2024)\nAssent date 14 March 2024\nCommenced 16 July 2024 (Gaz S67, 15 July 2024)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 5, 8, 24, 25 and 43.\n4 LIST OF AMENDMENTS\npt 1 hdg amd No. 49, 2010, s 17\ns 3 amd No. 22, 2004, s 4; No. 39, 2009, s 4; No. 49, 2010, ss 4 and 17; No. 38,\n2011, s 31; No. 5, 2024, s 18\ns 4 amd No. 22, 2004, s 5; No. 49, 2010, s 17\ns 5 amd No. 49, 2010, s 5; No. 5, 2024, s 19\ns 6 amd No. 22, 2004, s 6; No. 39, 2009, s 5; No. 5, 2024, s 20\ns 7 amd No. 49, 2010, s 17\nsub No. 5, 2024, s 21\ns 7A ins No. 5, 2024, s 21\namd No. 3, 2026, s 64\ns 8 amd No. 22, 2004, s 7; No. 49, 2010, s 17; No. 27, 2013, s 128; No. 14,\n2016, s 120\nsub No. 5, 2024, s 21\ns 8A ins No. 49, 2010, s 6\namd No. 5, 2024, s 26\ns 9 amd No. 5, 2024, s 22\ns 10 sub No. 49, 2010, s 7\namd No. 5, 2024, s 23\ns 11 amd No. 49, 2010, s 17\ns 12 amd No. 22, 2004, s 8; No. 49, 2010, s 17; No. 5, 2024, s 26\nss 13 – 14 amd No. 49, 2010, s 17; No. 5, 2024, s 26\nss 15 – 16 amd No. 49, 2010, s 17\n\nENDNOTES\nFire and Emergency Act 1996 37\nss 17 – 18 amd No. 49, 2010, s 17; No. 5, 2024, s 26\ns 19 amd No. 49, 2010, ss 8 and 17; No. 5, 2024, s 26\ns 20 amd No. 22, 2004, s 9; No. 49, 2010, s 17\ns 21 amd No. 44, 2005, s 35; No. 49, 2010, s 17; No. 5, 2024, s 26\ns 22 amd No. 49, 2010, s 17; No. 5, 2024, s 26\ns 23 amd No. 49, 2010, s 17\ns 24 amd No. 49, 2010, s 17; No. 5, 2024, s 26\ns 24A ins No. 39, 2009, s 6\ns 25 amd No. 45, 2000, s 11; No. 22, 2004, s 13\nsub No. 39, 2009, s 6\namd No. 49, 2010, s 9; No. 5, 2024, s 26\ns 26 sub No. 39, 2009, s 6\namd No. 5, 2024, s 26\ns 27 amd No. 39, 2009, s 7; No. 49, 2010, s 17\ns 27A ins No. 22, 2004, s 10\namd No. 39, 2009, s 8; No. 49, 2010, s 17; No. 5, 2024, s 26\ns 27B ins No. 22, 2004, s 10\namd No. 5, 2024, s 26\nss 28 – 29 amd No. 49, 2010, s 17\ns 30 amd No. 49, 2010, ss 10 and 17; No. 5, 2024, s 24\ns 31 amd No. 49, 2010, s 17; No. 5, 2024, s 26\ns 32 amd No. 49, 2010, s 17\ns 33 amd No. 22, 2004, s 11\ns 34 amd No. 22, 2004, s 13; No. 49, 2010, s 17\ns 35 amd No. 49, 2010, s 17; No. 5, 2024, s 26\ns 36 amd No. 49, 2010, s 17\ns 37 amd No. 49, 2010, s 17; No. 5, 2024, s 26\nss 38 – 40 amd No. 49, 2010, s 17\npt 7 hdg amd No. 49, 2010, s 17\nss 41 – 42 amd No. 22, 2004, s 13; No. 49, 2010, s 17; No. 5, 2024, s 26\ns 43 amd No. 45, 2000, s 11; No. 22, 2004, s 13\nsub No. 49, 2010, s 11\namd No. 5, 2024, s 26\ns 45 amd No. 5, 2024, s 26\ns 46 amd No. 17, 2001, s 21\nrep No. 49, 2010, s 12\ns 47 amd No. 49, 2010, s 17\ns 49 amd No. 49, 2010, s 17\nsub No. 26, 2015, s 30\nss 50 – 51 amd No. 49, 2010, s 17; No. 5, 2024, s 26\ns 52 amd No. 22, 2004, s 13; No. 49, 2010, ss 13 and 17\ns 53 amd No. 22, 2004, s 13; No. 49, 2010, s 14\ns 54 amd No. 22, 2004, s 12; No. 49, 2010, s 15\npt 8 hdg ins No. 26, 2015, s 31\ns 55 rep No. 49, 2010, s 16\nins No. 26, 2015, s 31\ns 56 amd No. 4, 2007, s 7\nrep No. 49, 2010, s 16\npt 9 hdg ins No. 5, 2024, s 25\nss 56 – 58 ins No. 5, 2024, s 25","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1996 scope. The original Act focused primarily on establishing the Fire Service and basic firefighting powers. Over nearly 30 years of amendments (particularly 2004, 2009, 2010, 2015, 2016, and 2024), it has expanded to include: detailed hazard reduction and prevention powers (Part 3 Division 3), regular building inspection regimes for high-risk buildings (section 27A), executive officer liability for corporations (section 49), complex fee recovery mechanisms (section 43), and transitional arrangements for governance restructuring (2024 amendments changing from 'Chief Fire Officer' to 'Chief Officer' and introducing the Commissioner role more prominently). The 2024 amendments in particular show significant structural reorganization of leadership roles."},"complexity_factors":["Moderate length (58 sections plus endnotes) with 9 Parts covering distinct operational areas","27 defined terms in section 3, including complex nested definitions for 'emergency', 'occupier', and 'owner'","Multiple cross-references to other NT legislation including the Bushfires Management Act 2016, Emergency Management Act 2013, Dangerous Goods Act 1998, and Work Health and Safety legislation","Conditional operational logic in section 6 regarding when the Fire and Rescue Service must respond vs. when they may respond upon request","Extensive powers in section 20 with 16 specific sub-paragraphs and conditions (subsections 3-4 allowing members/police to act without incident commander authority in urgent circumstances)","Nested review procedures in sections 26 and 27B with time limits, suspension provisions, and exceptions for imminent danger","Complex fee liability structure in section 43 with multiple scenarios (owners, occupiers, callers, alarm monitoring agreements) and joint and several liability","Executive officer liability provisions in section 49 with specific defences and evidentiary factors","Transitional provisions across two separate amending Acts (2015 and 2024) with continuity rules for appointments and actions"],"plain_english_summary":"Establishes the Northern Territory Fire and Rescue Service—with a Commissioner, Chief Officer, volunteer and auxiliary members—and gives incident commanders broad powers in emergencies (entry, closures, utility shutdowns, back-burning). It also provides for fire prevention, investigations, hazard notices, fire bans, landowner duties, offences, fees and liability protections. Affects NT residents, property occupiers, firefighters, businesses storing hazards and insurers. The law centralises firefighting authority to manage emergencies quickly while imposing duties and accountability to reduce fire risk."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's practical scope has been expanded by later amendments: the Commissioner's operational and investigatory roles are broadened (s6(ca)); hazard‑reduction inspection, notice and remedial powers strengthened (s24A, s25); corporate executive liability was added for declared offences (s49, inserted 2015); and transitional provisions rename and transfer functions to the Commissioner/Chief Officer (Part 9, ss56–58). These changes shift decision authority and potential financial and criminal burdens onto owners/occupiers and corporate officers (ss25(6), 27, 43, 49)."},"complexity_factors":["Broad discretionary powers for the Commissioner and incident commanders, including direction, appointments and operational control (ss7, 7A, 19–21, 20).","Extensive entry, search, seizure and remedial powers for investigations and hazard reduction with civil liability and cost‑recovery consequences (ss22–24, 25, 25(5)–(6), 27).","Fee, charge and statutory‑charge recovery mechanisms for attendance and remedial work that make costs enforceable debts against owners/occupiers (s43(1),(2),(8); s25(6)).","Criminal/regulatory liability for executive officers of bodies corporate for prescribed contraventions (s49) increases compliance and corporate governance risk.","Multiple membership types (employees, auxiliary, volunteer) and associated protections and obligations create layered employment and operational rules (ss13–16, 47).","Permit, fire‑ban and notified‑article regimes rely on administrative notices and Gazette instruments, increasing reliance on subordinate law and delegated decision‑making (ss28–31, 30, 41, 54).","Limited internal review and finality of Commissioner decisions on hazard notices (s26(3),(4),(5),(6)) constrains external remedies and timing.","Prosecutions for offences under the Act must be commenced by the Commissioner or an authorised person, concentrating enforcement discretion (s51)."],"plain_english_summary":"This Act establishes the Northern Territory Fire and Rescue Service, vests operational control in a Commissioner and gives incident commanders broad emergency powers to enter premises, control utilities, seize property and order evacuations (ss5–7, 19–21, 20). It also creates permit and fire‑ban regimes, a hazard‑reduction inspection/notice power, and fee and statutory‑charge recovery for attendance and remedial action, placing payment and compliance responsibilities on owners and occupiers (ss28–32, 25, 43, 27)."}},"importantCases":[],"_links":{"self":"/api/acts/fire-and-emergency-act-1996","history":"/api/acts/fire-and-emergency-act-1996/history","analysis":"/api/acts/fire-and-emergency-act-1996/analysis","conflicts":"/api/acts/fire-and-emergency-act-1996/conflicts","importantCases":"/api/acts/fire-and-emergency-act-1996/important-cases","documents":"/api/acts/fire-and-emergency-act-1996/documents"}}