{"id":"qld:act-1990-010","name":"Fire Services Act 1990","slug":"fire-services-act-1990","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"10 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104886,"registerId":"qld-act-1990-010-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Commissioner","content":"# Commissioner","sortOrder":0},{"sectionNumber":"sec.5","sectionType":"section","heading":"Appointment of commissioner","content":"### sec.5 Appointment of commissioner\n\nThe Governor in Council, acting on the recommendation of the Minister, shall appoint a commissioner.\nA person is eligible for appointment as commissioner only if the person has—\nprofessional firefighting experience; and\nincident control expertise; and\nfire prevention expertise.\nThe commissioner is to be appointed under this Act, and not under the Public Sector Act 2022 .\ns 5 orig s 5 amd 1995 No. 55 s 4\nexp 22 November 1995 (see s 5(15))\nAIA s 20A applies (see s 5(14))\npres s 5 (prev s 9) amd 1996 No. 37 s 147 sch 2 ; 1996 No. 42 ss 9 , 21 sch 2 , 3 sch 3 ; 2001 No. 76 ss 24 (1) , 11 sch 2 ; 2009 No. 25 s 83 sch ; 2014 No. 17 s 73 (1) – (3)\nrenum and reloc 2014 No. 17 s 73 (4)\namd 2022 No. 34 s 365 sch 3 ; 2024 No. 22 s 25\n(sec.5-ssec.1) The Governor in Council, acting on the recommendation of the Minister, shall appoint a commissioner.\n(sec.5-ssec.2) A person is eligible for appointment as commissioner only if the person has— professional firefighting experience; and incident control expertise; and fire prevention expertise.\n(sec.5-ssec.3) The commissioner is to be appointed under this Act, and not under the Public Sector Act 2022 .\n- (a) professional firefighting experience; and\n- (b) incident control expertise; and\n- (c) fire prevention expertise.","sortOrder":1},{"sectionNumber":"sec.6","sectionType":"section","heading":"Salary and conditions","content":"### sec.6 Salary and conditions\n\nThe Governor in Council shall from time to time approve the salary, allowances, and conditions of employment of a person holding office as commissioner.\ns 6 (prev s 10) amd 1996 No. 42 s 3 sch 3 ; 2001 No. 76 s 24 (1)\nrenum and reloc 2014 No. 17 s 74","sortOrder":2},{"sectionNumber":"sec.7","sectionType":"section","heading":"Acting commissioner","content":"### sec.7 Acting commissioner\n\nThe Minister may appoint a person, who is eligible for appointment as commissioner, to act in the office of commissioner during—\nany vacancy, or all vacancies, in the office; or\nany period, or all periods, when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office.\nThe Minister’s power to appoint a person to act in the office of commissioner does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (iv) and (v) .\ns 7 (prev s 11) sub 1996 No. 42 s 10\namd 2001 No. 76 s 24 (1) ; 2002 No. 60 s 14\nrenum and reloc 2014 No. 17 s 74\n(sec.7-ssec.1) The Minister may appoint a person, who is eligible for appointment as commissioner, to act in the office of commissioner during— any vacancy, or all vacancies, in the office; or any period, or all periods, when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office.\n(sec.7-ssec.2) The Minister’s power to appoint a person to act in the office of commissioner does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (iv) and (v) .\n- (a) any vacancy, or all vacancies, in the office; or\n- (b) any period, or all periods, when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office.","sortOrder":3},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Functions of commissioner","content":"### sec.7A Functions of commissioner\n\nThe main functions of the commissioner are—\nto manage the fire services in a way that ensures each fire service performs its functions under this Act effectively and efficiently; and\nto make recommendations to the Minister about any matter that—\nrelates to the performance of functions or exercise of powers by the commissioner or the fire services; or\nmay help the Minister in the proper administration of this Act.\nWithout limiting subsection (1) , the commissioner also has the following functions—\nto decide the appropriate organisational structure of the fire services;\nto control and oversee the resources of the fire services;\nto decide the number and deployment of fire service officers and rural fire brigade members;\nto decide the qualifications for, and duties of, fire service officers;\nto be responsible for organising training and development of fire service officers and rural fire brigade members;\nto facilitate collaboration and coordination of the fire services for effective service delivery;\nto decide the dress or appearance of fire service officers and rural fire brigade members;\nto decide the number and location of the fire services’ facilities;\nto monitor the performance and management of the fire services;\nto report regularly to the Minister on the capability of the fire services to perform the functions of the fire services under this Act;\nto report to the Minister on the functions performed by the chief fire officer in each reporting period under section 7J .\nThe commissioner’s functions also include any other function given to the commissioner under this Act or another Act.\ns 7A ins 2014 No. 17 s 66\namd 2024 No. 18 s 10 ; 2024 No. 22 s 26\n(sec.7A-ssec.1) The main functions of the commissioner are— to manage the fire services in a way that ensures each fire service performs its functions under this Act effectively and efficiently; and to make recommendations to the Minister about any matter that— relates to the performance of functions or exercise of powers by the commissioner or the fire services; or may help the Minister in the proper administration of this Act.\n(sec.7A-ssec.2) Without limiting subsection (1) , the commissioner also has the following functions— to decide the appropriate organisational structure of the fire services; to control and oversee the resources of the fire services; to decide the number and deployment of fire service officers and rural fire brigade members; to decide the qualifications for, and duties of, fire service officers; to be responsible for organising training and development of fire service officers and rural fire brigade members; to facilitate collaboration and coordination of the fire services for effective service delivery; to decide the dress or appearance of fire service officers and rural fire brigade members; to decide the number and location of the fire services’ facilities; to monitor the performance and management of the fire services; to report regularly to the Minister on the capability of the fire services to perform the functions of the fire services under this Act; to report to the Minister on the functions performed by the chief fire officer in each reporting period under section 7J .\n(sec.7A-ssec.3) The commissioner’s functions also include any other function given to the commissioner under this Act or another Act.\n- (a) to manage the fire services in a way that ensures each fire service performs its functions under this Act effectively and efficiently; and\n- (b) to make recommendations to the Minister about any matter that— (i) relates to the performance of functions or exercise of powers by the commissioner or the fire services; or (ii) may help the Minister in the proper administration of this Act.\n- (i) relates to the performance of functions or exercise of powers by the commissioner or the fire services; or\n- (ii) may help the Minister in the proper administration of this Act.\n- (i) relates to the performance of functions or exercise of powers by the commissioner or the fire services; or\n- (ii) may help the Minister in the proper administration of this Act.\n- (a) to decide the appropriate organisational structure of the fire services;\n- (b) to control and oversee the resources of the fire services;\n- (c) to decide the number and deployment of fire service officers and rural fire brigade members;\n- (d) to decide the qualifications for, and duties of, fire service officers;\n- (e) to be responsible for organising training and development of fire service officers and rural fire brigade members;\n- (f) to facilitate collaboration and coordination of the fire services for effective service delivery;\n- (g) to decide the dress or appearance of fire service officers and rural fire brigade members;\n- (h) to decide the number and location of the fire services’ facilities;\n- (i) to monitor the performance and management of the fire services;\n- (j) to report regularly to the Minister on the capability of the fire services to perform the functions of the fire services under this Act;\n- (k) to report to the Minister on the functions performed by the chief fire officer in each reporting period under section 7J .","sortOrder":4},{"sectionNumber":"sec.7AA","sectionType":"section","heading":"Commissioner’s directions","content":"### sec.7AA Commissioner’s directions\n\nThe commissioner may give a direction if the commissioner considers it necessary or convenient to give the direction to ensure the efficient and proper functioning of the fire services.\nA direction under subsection (1) —\nmay be written or oral; and\nmay apply to all or any of the following persons—\nthe chief fire officer;\nfire service officers;\nrural fire brigade members.\ns 7AA ins 2024 No, 22 s 27\n(sec.7AA-ssec.1) The commissioner may give a direction if the commissioner considers it necessary or convenient to give the direction to ensure the efficient and proper functioning of the fire services.\n(sec.7AA-ssec.2) A direction under subsection (1) — may be written or oral; and may apply to all or any of the following persons— the chief fire officer; fire service officers; rural fire brigade members.\n- (a) may be written or oral; and\n- (b) may apply to all or any of the following persons— (i) the chief fire officer; (ii) fire service officers; (iii) rural fire brigade members.\n- (i) the chief fire officer;\n- (ii) fire service officers;\n- (iii) rural fire brigade members.\n- (i) the chief fire officer;\n- (ii) fire service officers;\n- (iii) rural fire brigade members.","sortOrder":5},{"sectionNumber":"sec.7B","sectionType":"section","heading":"Codes of practice","content":"### sec.7B Codes of practice\n\nThe commissioner may from time to time issue codes of practice relating to—\nthe functions, powers, conduct and appearance of fire service officers; or\nany functions imposed or powers conferred by or under this Act on any other person other than the Minister.\nThe commissioner may at any time amend or revoke a code of practice.\nA provision of a code of practice is of no effect if inconsistent with a provision of this Act.\nProvisions of a code of practice may differ according to differences in time, place or circumstance or according to the fire service officers or classes of fire service officers to whom they are expressed to apply.\nEvidence of any provision of a code of practice may be given by the production of a document purporting to be certified by the commissioner as being a true copy of the provision.\ns 7B (prev s 18) amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 1998 No. 37 s 9 sch ; 2001 No. 76 ss 24 (1) , 11 sch 2 ; 2014 No. 17 s 76 (1)\nrenum and reloc 2014 No. 17 s 76 (2)\n(sec.7B-ssec.1) The commissioner may from time to time issue codes of practice relating to— the functions, powers, conduct and appearance of fire service officers; or any functions imposed or powers conferred by or under this Act on any other person other than the Minister.\n(sec.7B-ssec.2) The commissioner may at any time amend or revoke a code of practice.\n(sec.7B-ssec.3) A provision of a code of practice is of no effect if inconsistent with a provision of this Act.\n(sec.7B-ssec.4) Provisions of a code of practice may differ according to differences in time, place or circumstance or according to the fire service officers or classes of fire service officers to whom they are expressed to apply.\n(sec.7B-ssec.5) Evidence of any provision of a code of practice may be given by the production of a document purporting to be certified by the commissioner as being a true copy of the provision.\n- (a) the functions, powers, conduct and appearance of fire service officers; or\n- (b) any functions imposed or powers conferred by or under this Act on any other person other than the Minister.","sortOrder":6},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Chief fire officer","content":"# Chief fire officer","sortOrder":7},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Appointment of chief fire officer","content":"## Appointment of chief fire officer","sortOrder":8},{"sectionNumber":"sec.7C","sectionType":"section","heading":"Appointment","content":"### sec.7C Appointment\n\nThe commissioner is to appoint a chief fire officer.\nA person is eligible for appointment as chief fire officer only if the person has—\nprofessional firefighting experience; and\nincident control expertise; and\nfire prevention expertise.\nThe commissioner must have regard to the matters mentioned in section 25B when appointing a person as the chief fire officer.\nThe chief fire officer is to be employed under this Act and not the Public Sector Act 2022 .\ns 7C ins 2024 No. 22 s 28\n(sec.7C-ssec.1) The commissioner is to appoint a chief fire officer.\n(sec.7C-ssec.2) A person is eligible for appointment as chief fire officer only if the person has— professional firefighting experience; and incident control expertise; and fire prevention expertise.\n(sec.7C-ssec.3) The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the chief fire officer.\n(sec.7C-ssec.4) The chief fire officer is to be employed under this Act and not the Public Sector Act 2022 .\n- (a) professional firefighting experience; and\n- (b) incident control expertise; and\n- (c) fire prevention expertise.","sortOrder":9},{"sectionNumber":"sec.7D","sectionType":"section","heading":"Conditions of appointment","content":"### sec.7D Conditions of appointment\n\nThe chief fire officer holds office for the term and on the conditions stated in the person’s contract of employment.\ns 7D ins 2024 No. 22 s 28","sortOrder":10},{"sectionNumber":"sec.7E","sectionType":"section","heading":"Resignation","content":"### sec.7E Resignation\n\nThe chief fire officer may, at any time, resign office as chief fire officer by signed notice given to the commissioner.\ns 7E ins 2024 No. 22 s 28","sortOrder":11},{"sectionNumber":"sec.7F","sectionType":"section","heading":"Acting chief fire officer","content":"### sec.7F Acting chief fire officer\n\nThe commissioner may appoint a person, who is eligible for appointment as chief fire officer, to act in the office of chief fire officer during—\nany vacancy, or all vacancies, in the office; or\nany period, or all periods, when the chief fire officer is absent from duty, or can not, for another reason, perform the functions of the office.\ns 7F ins 2024 No. 22 s 28\n- (a) any vacancy, or all vacancies, in the office; or\n- (b) any period, or all periods, when the chief fire officer is absent from duty, or can not, for another reason, perform the functions of the office.","sortOrder":12},{"sectionNumber":"sec.7G","sectionType":"section","heading":"Functions","content":"### sec.7G Functions\n\nThe functions of the chief fire officer are—\nto provide advice to the commissioner about the fire services, including matters relating to service delivery, operational culture, best practice and innovation and research; and\nto perform other functions given to the chief fire officer under this or another Act.\nThe chief fire officer is subject to the direction of the commissioner in performing the chief fire officer’s functions under this Act.\ns 7G ins 2024 No. 22 s 28\n(sec.7G-ssec.1) The functions of the chief fire officer are— to provide advice to the commissioner about the fire services, including matters relating to service delivery, operational culture, best practice and innovation and research; and to perform other functions given to the chief fire officer under this or another Act.\n(sec.7G-ssec.2) The chief fire officer is subject to the direction of the commissioner in performing the chief fire officer’s functions under this Act.\n- (a) to provide advice to the commissioner about the fire services, including matters relating to service delivery, operational culture, best practice and innovation and research; and\n- (b) to perform other functions given to the chief fire officer under this or another Act.","sortOrder":13},{"sectionNumber":"sec.7H","sectionType":"section","heading":"Preservation of rights","content":"### sec.7H Preservation of rights\n\nThis section applies if a public service officer is appointed as the chief fire officer.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief fire officer were a continuation of service as a public service officer.\nAt the end of the person’s term of office or resignation as the chief fire officer, the person’s service as the chief fire officer is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.\ns 7H ins 2024 No. 22 s 28\n(sec.7H-ssec.1) This section applies if a public service officer is appointed as the chief fire officer.\n(sec.7H-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief fire officer were a continuation of service as a public service officer.\n(sec.7H-ssec.3) At the end of the person’s term of office or resignation as the chief fire officer, the person’s service as the chief fire officer is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":14},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"General matters","content":"## General matters","sortOrder":15},{"sectionNumber":"sec.7I","sectionType":"section","heading":"Providing assistance to chief fire officer","content":"### sec.7I Providing assistance to chief fire officer\n\nThe fire services must give the chief fire officer all reasonable assistance the chief fire officer requires to perform the chief fire officer’s functions.\nWithout limiting subsection (1) , if the chief fire officer asks for information held by a fire service that relates to the chief fire officer’s functions, the fire service must give the information.\ns 7I ins 2024 No. 22 s 28\n(sec.7I-ssec.1) The fire services must give the chief fire officer all reasonable assistance the chief fire officer requires to perform the chief fire officer’s functions.\n(sec.7I-ssec.2) Without limiting subsection (1) , if the chief fire officer asks for information held by a fire service that relates to the chief fire officer’s functions, the fire service must give the information.","sortOrder":16},{"sectionNumber":"sec.7J","sectionType":"section","heading":"Reporting requirements","content":"### sec.7J Reporting requirements\n\nWithin 30 days after the end of each reporting period, the chief fire officer must prepare a report on the functions performed by the chief fire officer during the reporting period and give the report to the commissioner.\nIn this section—\nreporting period means—\nthe period prescribed by regulation for this definition; or\nif no period is prescribed—each quarter in a financial year.\ns 7J ins 2024 No. 22 s 28\n(sec.7J-ssec.1) Within 30 days after the end of each reporting period, the chief fire officer must prepare a report on the functions performed by the chief fire officer during the reporting period and give the report to the commissioner.\n(sec.7J-ssec.2) In this section— reporting period means— the period prescribed by regulation for this definition; or if no period is prescribed—each quarter in a financial year.\n- (a) the period prescribed by regulation for this definition; or\n- (b) if no period is prescribed—each quarter in a financial year.","sortOrder":17},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Deputy commissioner","content":"# Deputy commissioner","sortOrder":18},{"sectionNumber":"sec.7K","sectionType":"section","heading":"Appointment","content":"### sec.7K Appointment\n\nThe commissioner is to appoint a deputy commissioner.\nA person is eligible for appointment as deputy commissioner if the person has—\nprofessional firefighting experience; and\nincident control expertise; and\nfire prevention expertise.\nThe commissioner must have regard to the matters mentioned in section 25B when appointing a person as the deputy commissioner.\nThe deputy commissioner is to be employed under this Act and not the Public Sector Act 2022 .\ns 7K ins 2024 No. 22 s 28\n(sec.7K-ssec.1) The commissioner is to appoint a deputy commissioner.\n(sec.7K-ssec.2) A person is eligible for appointment as deputy commissioner if the person has— professional firefighting experience; and incident control expertise; and fire prevention expertise.\n(sec.7K-ssec.3) The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the deputy commissioner.\n(sec.7K-ssec.4) The deputy commissioner is to be employed under this Act and not the Public Sector Act 2022 .\n- (a) professional firefighting experience; and\n- (b) incident control expertise; and\n- (c) fire prevention expertise.","sortOrder":19},{"sectionNumber":"sec.7L","sectionType":"section","heading":"Conditions of appointment","content":"### sec.7L Conditions of appointment\n\nThe deputy commissioner holds office for the term and on the conditions stated in the person’s contract of employment.\ns 7L ins 2024 No. 22 s 28","sortOrder":20},{"sectionNumber":"sec.7M","sectionType":"section","heading":"Resignation","content":"### sec.7M Resignation\n\nThe deputy commissioner may, at any time, resign office as deputy commissioner by signed notice given to the commissioner.\ns 7M ins 2024 No. 22 s 28","sortOrder":21},{"sectionNumber":"sec.7N","sectionType":"section","heading":"Acting deputy commissioner","content":"### sec.7N Acting deputy commissioner\n\nThe commissioner may appoint a person, who is eligible for appointment as deputy commissioner, to act in the office of deputy commissioner during—\nany vacancy, or all vacancies, in the office; or\nany period, or all periods, when the deputy commissioner is absent from duty, or can not, for another reason, perform the functions of the office.\ns 7N ins 2024 No. 22 s 28\n- (a) any vacancy, or all vacancies, in the office; or\n- (b) any period, or all periods, when the deputy commissioner is absent from duty, or can not, for another reason, perform the functions of the office.","sortOrder":22},{"sectionNumber":"sec.7O","sectionType":"section","heading":"Functions","content":"### sec.7O Functions\n\nThe functions of the deputy commissioner are—\nto support the commissioner in the performance of the commissioner’s functions; and\nto manage the service delivery of QFR to ensure the effectiveness and efficiency of QFR; and\nto ensure the development of the capability of QFR, including the systems, frameworks and resources required to support the delivery of services; and\nto ensure minimum standards and training for fire service officers assigned to QFR are in place to the satisfaction of the commissioner; and\nto perform any other function given to the deputy commissioner by the commissioner.\nThe deputy commissioner is subject to the direction of the commissioner in performing the deputy commissioner’s functions under this Act.\ns 7O ins 2024 No. 22 s 28\n(sec.7O-ssec.1) The functions of the deputy commissioner are— to support the commissioner in the performance of the commissioner’s functions; and to manage the service delivery of QFR to ensure the effectiveness and efficiency of QFR; and to ensure the development of the capability of QFR, including the systems, frameworks and resources required to support the delivery of services; and to ensure minimum standards and training for fire service officers assigned to QFR are in place to the satisfaction of the commissioner; and to perform any other function given to the deputy commissioner by the commissioner.\n(sec.7O-ssec.2) The deputy commissioner is subject to the direction of the commissioner in performing the deputy commissioner’s functions under this Act.\n- (a) to support the commissioner in the performance of the commissioner’s functions; and\n- (b) to manage the service delivery of QFR to ensure the effectiveness and efficiency of QFR; and\n- (c) to ensure the development of the capability of QFR, including the systems, frameworks and resources required to support the delivery of services; and\n- (d) to ensure minimum standards and training for fire service officers assigned to QFR are in place to the satisfaction of the commissioner; and\n- (e) to perform any other function given to the deputy commissioner by the commissioner.","sortOrder":23},{"sectionNumber":"sec.7P","sectionType":"section","heading":"Preservation of rights","content":"### sec.7P Preservation of rights\n\nThis section applies if a public service officer is appointed as the deputy commissioner.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as the deputy commissioner were a continuation of service as a public service officer.\nAt the end of the person’s term of office or resignation as the deputy commissioner, the person’s service as the deputy commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.\ns 7P ins 2024 No. 22 s 28\n(sec.7P-ssec.1) This section applies if a public service officer is appointed as the deputy commissioner.\n(sec.7P-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the deputy commissioner were a continuation of service as a public service officer.\n(sec.7P-ssec.3) At the end of the person’s term of office or resignation as the deputy commissioner, the person’s service as the deputy commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":24},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Chief officer","content":"# Chief officer","sortOrder":25},{"sectionNumber":"sec.7Q","sectionType":"section","heading":"Appointment","content":"### sec.7Q Appointment\n\nThe commissioner is to appoint a chief officer.\nA person is eligible for appointment as chief officer only if the person has—\nrural firefighting experience; or\nrural incident control expertise; or\nrural fire prevention expertise.\nThe commissioner must have regard to the matters mentioned in section 25B when appointing a person as the chief officer.\nThe chief officer is to be employed under this Act and not the Public Sector Act 2022 .\ns 7Q ins 2024 No. 22 s 28\n(sec.7Q-ssec.1) The commissioner is to appoint a chief officer.\n(sec.7Q-ssec.2) A person is eligible for appointment as chief officer only if the person has— rural firefighting experience; or rural incident control expertise; or rural fire prevention expertise.\n(sec.7Q-ssec.3) The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the chief officer.\n(sec.7Q-ssec.4) The chief officer is to be employed under this Act and not the Public Sector Act 2022 .\n- (a) rural firefighting experience; or\n- (b) rural incident control expertise; or\n- (c) rural fire prevention expertise.","sortOrder":26},{"sectionNumber":"sec.7R","sectionType":"section","heading":"Conditions of appointment","content":"### sec.7R Conditions of appointment\n\nThe chief officer holds office for the term and on the conditions stated in the person’s contract of employment.\ns 7R ins 2024 No. 22 s 28","sortOrder":27},{"sectionNumber":"sec.7S","sectionType":"section","heading":"Resignation","content":"### sec.7S Resignation\n\nThe chief officer may, at any time, resign office as chief officer by signed notice given to the commissioner.\ns 7S ins 2024 No. 22 s 28","sortOrder":28},{"sectionNumber":"sec.7T","sectionType":"section","heading":"Acting chief officer","content":"### sec.7T Acting chief officer\n\nThe commissioner may appoint a person, who is eligible for appointment as chief officer, to act in the office of chief officer during—\nany vacancy, or all vacancies, in the office; or\nany period, or all periods, when the chief officer is absent from duty, or can not, for another reason, perform the functions of the office.\ns 7T ins 2024 No. 22 s 28\n- (a) any vacancy, or all vacancies, in the office; or\n- (b) any period, or all periods, when the chief officer is absent from duty, or can not, for another reason, perform the functions of the office.","sortOrder":29},{"sectionNumber":"sec.7U","sectionType":"section","heading":"Functions","content":"### sec.7U Functions\n\nThe functions of the chief officer are—\nto support the commissioner in the performance of the commissioner’s functions; and\nto manage the service delivery of RFSQ, including fire service officers assigned to RFSQ, to ensure the effectiveness and efficiency of RFSQ; and\nto ensure the development of the capability of RFSQ, including the systems, frameworks and resources required to support the delivery of services; and\nto ensure minimum standards and training for fire service officers assigned to RFSQ, and for rural fire brigade members, are in place to the satisfaction of the commissioner; and\nto perform any other function given to the chief officer by the commissioner.\nThe chief officer is subject to the direction of the commissioner in performing the chief officer’s functions under this Act.\ns 7U ins 2024 No. 22 s 28\n(sec.7U-ssec.1) The functions of the chief officer are— to support the commissioner in the performance of the commissioner’s functions; and to manage the service delivery of RFSQ, including fire service officers assigned to RFSQ, to ensure the effectiveness and efficiency of RFSQ; and to ensure the development of the capability of RFSQ, including the systems, frameworks and resources required to support the delivery of services; and to ensure minimum standards and training for fire service officers assigned to RFSQ, and for rural fire brigade members, are in place to the satisfaction of the commissioner; and to perform any other function given to the chief officer by the commissioner.\n(sec.7U-ssec.2) The chief officer is subject to the direction of the commissioner in performing the chief officer’s functions under this Act.\n- (a) to support the commissioner in the performance of the commissioner’s functions; and\n- (b) to manage the service delivery of RFSQ, including fire service officers assigned to RFSQ, to ensure the effectiveness and efficiency of RFSQ; and\n- (c) to ensure the development of the capability of RFSQ, including the systems, frameworks and resources required to support the delivery of services; and\n- (d) to ensure minimum standards and training for fire service officers assigned to RFSQ, and for rural fire brigade members, are in place to the satisfaction of the commissioner; and\n- (e) to perform any other function given to the chief officer by the commissioner.","sortOrder":30},{"sectionNumber":"sec.7V","sectionType":"section","heading":"Preservation of rights","content":"### sec.7V Preservation of rights\n\nThis section applies if a public service officer is appointed as the chief officer.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief officer were a continuation of service as a public service officer.\nAt the end of the person’s term of office or resignation as the chief officer, the person’s service as the chief officer is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.\ns 7V ins 2024 No. 22 s 28\n(sec.7V-ssec.1) This section applies if a public service officer is appointed as the chief officer.\n(sec.7V-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief officer were a continuation of service as a public service officer.\n(sec.7V-ssec.3) At the end of the person’s term of office or resignation as the chief officer, the person’s service as the chief officer is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":31},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Establishment, membership, functions and powers","content":"# Establishment, membership, functions and powers","sortOrder":32},{"sectionNumber":"sec.8","sectionType":"section","heading":"Establishment","content":"### sec.8 Establishment\n\nQueensland Fire and Rescue ( QFR ) is established.\nRural Fire Service Queensland ( RFSQ ) is established.\nEach of QFR and RFSQ is a fire service .\nQFR and RFSQ are collectively called the fire services .\ns 8 prev s 8 amd 1996 No. 42 s 21 sch 2\nom 1998 No. 37 s 10\npres s 8 ins 2001 No. 76 s 15\namd 2014 No. 17 s 68\nsub 2024 No. 22 s 31\n(sec.8-ssec.1) Queensland Fire and Rescue ( QFR ) is established.\n(sec.8-ssec.2) Rural Fire Service Queensland ( RFSQ ) is established.\n(sec.8-ssec.3) Each of QFR and RFSQ is a fire service .\n(sec.8-ssec.4) QFR and RFSQ are collectively called the fire services .","sortOrder":33},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Membership","content":"### sec.8A Membership\n\nQFR consists of the following persons—\nthe commissioner;\nthe deputy commissioner;\nfire service officers assigned to QFR by the commissioner.\nRFSQ consists of the following entities—\nthe commissioner;\nthe chief officer;\nfire service officers assigned to RFSQ by the commissioner;\nrural fire brigades;\nrural fire brigade members.\ns 8A ins 1996 No. 42 s 8\nsub 2001 No. 76 s 15\namd 2014 No. 17 s 69\nsub 2024 No. 22 s 31\n(sec.8A-ssec.1) QFR consists of the following persons— the commissioner; the deputy commissioner; fire service officers assigned to QFR by the commissioner.\n(sec.8A-ssec.2) RFSQ consists of the following entities— the commissioner; the chief officer; fire service officers assigned to RFSQ by the commissioner; rural fire brigades; rural fire brigade members.\n- (a) the commissioner;\n- (b) the deputy commissioner;\n- (c) fire service officers assigned to QFR by the commissioner.\n- (a) the commissioner;\n- (b) the chief officer;\n- (c) fire service officers assigned to RFSQ by the commissioner;\n- (d) rural fire brigades;\n- (e) rural fire brigade members.","sortOrder":34},{"sectionNumber":"sec.8B","sectionType":"section","heading":"Functions and powers","content":"### sec.8B Functions and powers\n\nThe functions of the fire services are—\nto protect persons, property and the environment from fire and hazardous materials emergencies; and\nto protect persons trapped in a vehicle or building or otherwise endangered, to the extent that the fire services’ personnel and equipment can reasonably be deployed or used for the purpose; and\nto provide an advisory service, and undertake other measures, to promote—\nfire prevention and fire control; and\nsafety and other procedures if a fire or hazardous materials emergency happens; and\nto cooperate with any entity that provides an emergency service; and\nto perform other functions given to the fire services under this Act or another Act; and\nto perform functions incidental to the other functions of each of the fire services; and\nto identify and market products and services incidental to its functions.\nThe fire services have the power to do anything necessary or convenient to be done for the performance of the functions of the fire services.\nSee also chapter 4 for additional functions of RFSQ.\ns 8B ins 1996 No. 42 s 8\namd 1997 No. 52 s 3 sch\nsub 2001 No. 76 s 15\namd 2002 No. 60 s 13 ; 2014 No. 17 s 70 ; 2024 No. 22 s 32\n(sec.8B-ssec.1) The functions of the fire services are— to protect persons, property and the environment from fire and hazardous materials emergencies; and to protect persons trapped in a vehicle or building or otherwise endangered, to the extent that the fire services’ personnel and equipment can reasonably be deployed or used for the purpose; and to provide an advisory service, and undertake other measures, to promote— fire prevention and fire control; and safety and other procedures if a fire or hazardous materials emergency happens; and to cooperate with any entity that provides an emergency service; and to perform other functions given to the fire services under this Act or another Act; and to perform functions incidental to the other functions of each of the fire services; and to identify and market products and services incidental to its functions.\n(sec.8B-ssec.2) The fire services have the power to do anything necessary or convenient to be done for the performance of the functions of the fire services. See also chapter 4 for additional functions of RFSQ.\n- (a) to protect persons, property and the environment from fire and hazardous materials emergencies; and\n- (b) to protect persons trapped in a vehicle or building or otherwise endangered, to the extent that the fire services’ personnel and equipment can reasonably be deployed or used for the purpose; and\n- (c) to provide an advisory service, and undertake other measures, to promote— (i) fire prevention and fire control; and (ii) safety and other procedures if a fire or hazardous materials emergency happens; and\n- (i) fire prevention and fire control; and\n- (ii) safety and other procedures if a fire or hazardous materials emergency happens; and\n- (d) to cooperate with any entity that provides an emergency service; and\n- (e) to perform other functions given to the fire services under this Act or another Act; and\n- (f) to perform functions incidental to the other functions of each of the fire services; and\n- (g) to identify and market products and services incidental to its functions.\n- (i) fire prevention and fire control; and\n- (ii) safety and other procedures if a fire or hazardous materials emergency happens; and","sortOrder":35},{"sectionNumber":"sec.8C","sectionType":"section","heading":null,"content":"### Section sec.8C\n\ns 8C ins 1996 No. 42 s 8\namd 2001 No. 45 s 29 sch 3\nsub 2001 No. 76 s 15\nom 2014 No. 17 s 71","sortOrder":36},{"sectionNumber":"sec.8D","sectionType":"section","heading":null,"content":"### Section sec.8D\n\ns 8D ins 1996 No. 42 s 8\nom 2001 No. 76 s 15","sortOrder":37},{"sectionNumber":"sec.8E","sectionType":"section","heading":null,"content":"### Section sec.8E\n\ns 8E ins 1996 No. 42 s 8\nom 2001 No. 76 s 15","sortOrder":38},{"sectionNumber":"sec.8F","sectionType":"section","heading":null,"content":"### Section sec.8F\n\ns 8F ins 1996 No. 42 s 8\nsub 1998 No. 37 s 11\nom 2001 No. 76 s 15","sortOrder":39},{"sectionNumber":"sec.8G","sectionType":"section","heading":null,"content":"### Section sec.8G\n\ns 8G ins 1996 No. 42 s 8\nsub 1998 No. 37 s 11\nom 2001 No. 76 s 15","sortOrder":40},{"sectionNumber":"sec.8H","sectionType":"section","heading":null,"content":"### Section sec.8H\n\ns 8H ins 1996 No. 42 s 8\nom 1998 No. 37 s 11","sortOrder":41},{"sectionNumber":"sec.8I","sectionType":"section","heading":null,"content":"### Section sec.8I\n\ns 8I ins 1996 No. 42 s 8\namd 1997 No. 52 s 4\nom 1998 No. 37 s 11","sortOrder":42},{"sectionNumber":"sec.8J","sectionType":"section","heading":null,"content":"### Section sec.8J\n\ns 8J ins 1996 No. 42 s 8\namd 1997 No. 52 s 5\nom 1998 No. 37 s 11","sortOrder":43},{"sectionNumber":"sec.8K","sectionType":"section","heading":null,"content":"### Section sec.8K\n\ns 8K ins 1996 No. 42 s 8\nom 1998 No. 37 s 11","sortOrder":44},{"sectionNumber":"sec.8L","sectionType":"section","heading":null,"content":"### Section sec.8L\n\ns 8L ins 1996 No. 42 s 8\nom 1998 No. 37 s 11","sortOrder":45},{"sectionNumber":"sec.8M","sectionType":"section","heading":null,"content":"### Section sec.8M\n\ns 8M ins 1996 No. 42 s 8\nom 1998 No. 37 s 11","sortOrder":46},{"sectionNumber":"sec.8N","sectionType":"section","heading":null,"content":"### Section sec.8N\n\ns 8N ins 1996 No. 42 s 8\nom 1998 No. 37 s 11","sortOrder":47},{"sectionNumber":"sec.8O","sectionType":"section","heading":null,"content":"### Section sec.8O\n\ns 8O ins 1996 No. 42 s 8\nom 1998 No. 37 s 11","sortOrder":48},{"sectionNumber":"sec.8P","sectionType":"section","heading":null,"content":"### Section sec.8P\n\ns 8P ins 1996 No. 42 s 8\nom 1998 No. 37 s 11","sortOrder":49},{"sectionNumber":"sec.12","sectionType":"section","heading":null,"content":"### Section sec.12\n\ns 12 sub 1996 No. 42 s 10\namd 1998 No. 37 s 9 sch ; 2001 No. 76 ss 16 , 24 (1) ; 2008 No. 64 s 15\nom 2014 No. 17 s 75","sortOrder":50},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 om 1996 No. 42 s 10","sortOrder":51},{"sectionNumber":"sec.14","sectionType":"section","heading":null,"content":"### Section sec.14\n\ns 14 om 1996 No. 42 s 10","sortOrder":52},{"sectionNumber":"sec.15","sectionType":"section","heading":null,"content":"### Section sec.15\n\ns 15 om 1996 No. 42 s 10","sortOrder":53},{"sectionNumber":"sec.16","sectionType":"section","heading":null,"content":"### Section sec.16\n\ns 16 om 1996 No. 42 s 10","sortOrder":54},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 om 1996 No. 42 s 10","sortOrder":55},{"sectionNumber":"sec.19","sectionType":"section","heading":null,"content":"### Section sec.19\n\ns 19 sub 1995 No. 55 s 6\namd 1996 No. 42 ss 20 sch 1 , 21 sch 2 , 3 sch 3 ; 1997 No. 52 s 6 ; 2001 No. 76 ss 24 (1) , (3) , 11 sch 2 ; 2003 No. 91 s 175 sch 1\nom 2014 No. 17 s 78","sortOrder":56},{"sectionNumber":"sec.19A","sectionType":"section","heading":null,"content":"### Section sec.19A\n\ns 19A ins 1996 No. 42 s 11\namd 1996 No. 54 s 9 sch ; 1998 No. 37 s 12\nom 2001 No. 76 s 17","sortOrder":57},{"sectionNumber":"sec.19B","sectionType":"section","heading":null,"content":"### Section sec.19B\n\ns 19B ins 1996 No. 42 s 11\nom 2001 No. 76 s 17","sortOrder":58},{"sectionNumber":"sec.19C","sectionType":"section","heading":null,"content":"### Section sec.19C\n\ns 19C ins 1996 No. 42 s 11\namd 1997 No. 52 s 6 ; 2001 No. 76 ss 24 (1) , 11 sch 2\nom 2014 No. 17 s 78","sortOrder":59},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":60},{"sectionNumber":"sec.21","sectionType":"section","heading":null,"content":"### Section sec.21\n\ns 21 amd 1996 No. 42 s 21 sch 2\nom 1997 No. 52 s 7","sortOrder":61},{"sectionNumber":"sec.22","sectionType":"section","heading":null,"content":"### Section sec.22\n\ns 22 sub 1996 No. 42 s 12\namd 1998 No. 37 s 9 sch\nom 2001 No. 76 s 19","sortOrder":62},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\ns 23 amd 1996 No. 42 s 21 sch 2\nom 2001 No. 76 s 19","sortOrder":63},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 amd 1996 No. 42 s 21 sch 2 ; 1997 No. 52 s 3 sch\nom 2001 No. 76 s 19","sortOrder":64},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Provisions affecting personnel","content":"# Provisions affecting personnel","sortOrder":65},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"Appointments and conditions","content":"## Appointments and conditions","sortOrder":66},{"sectionNumber":"sec.25","sectionType":"section","heading":"Staff","content":"### sec.25 Staff\n\nThe commissioner may employ the persons the commissioner considers necessary to perform the fire services’ functions.\nWithout limiting subsection (1) , the commissioner may employ the number of executive officers or senior officers as is necessary for the effective administration of the Act and the performance of the fire services’ functions.\nHowever, the commissioner may employ a person as an executive officer, or a senior officer, in QFR under this section only if the commissioner is satisfied the person has—\nprofessional firefighting experience; and\nincident control expertise; and\nfire prevention expertise.\nSubsection (3) does not apply to the employment of a person as a scientific officer in QFR.\nAlso, the commissioner may employ a person as an executive officer in RFSQ under this section only if the commissioner is satisfied the person has—\nrural firefighting experience; or\nrural incident control expertise; or\nrural fire prevention expertise.\nIn this section—\nexecutive officer means a person employed in a role equivalent to that of a senior executive under the Public Sector Act 2022 , section 188 .\nscientific officer means an officer who—\nholds a tertiary qualification in applied science, chemical engineering, chemistry or science that is directly relevant to the performance of the functions of the office; and\ndoes not perform firefighting or incident control functions or duties.\nsenior officer means a person employed in a role equivalent to that of a senior officer under the Public Sector Act 2022 , schedule 2 .\ns 25 amd 1995 No. 55 s 7\nsub 1996 No. 42 s 13 ; 2001 No. 76 s 20\namd 2014 No. 17 s 80\nsub 2024 No. 22 s 34\n(sec.25-ssec.1) The commissioner may employ the persons the commissioner considers necessary to perform the fire services’ functions.\n(sec.25-ssec.2) Without limiting subsection (1) , the commissioner may employ the number of executive officers or senior officers as is necessary for the effective administration of the Act and the performance of the fire services’ functions.\n(sec.25-ssec.3) However, the commissioner may employ a person as an executive officer, or a senior officer, in QFR under this section only if the commissioner is satisfied the person has— professional firefighting experience; and incident control expertise; and fire prevention expertise.\n(sec.25-ssec.3A) Subsection (3) does not apply to the employment of a person as a scientific officer in QFR.\n(sec.25-ssec.4) Also, the commissioner may employ a person as an executive officer in RFSQ under this section only if the commissioner is satisfied the person has— rural firefighting experience; or rural incident control expertise; or rural fire prevention expertise.\n(sec.25-ssec.5) In this section— executive officer means a person employed in a role equivalent to that of a senior executive under the Public Sector Act 2022 , section 188 . scientific officer means an officer who— holds a tertiary qualification in applied science, chemical engineering, chemistry or science that is directly relevant to the performance of the functions of the office; and does not perform firefighting or incident control functions or duties. senior officer means a person employed in a role equivalent to that of a senior officer under the Public Sector Act 2022 , schedule 2 .\n- (a) professional firefighting experience; and\n- (b) incident control expertise; and\n- (c) fire prevention expertise.\n- (a) rural firefighting experience; or\n- (b) rural incident control expertise; or\n- (c) rural fire prevention expertise.\n- (a) holds a tertiary qualification in applied science, chemical engineering, chemistry or science that is directly relevant to the performance of the functions of the office; and\n- (b) does not perform firefighting or incident control functions or duties.","sortOrder":67},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Fire service officers employed under this Act","content":"### sec.25A Fire service officers employed under this Act\n\nFire service officers are to be employed under this Act, and not under the Public Sector Act 2022 .\ns 25A ins 1995 No. 55 s 8\nsub 1996 No. 37 s 147 sch 2\namd 1996 No. 42 s 3 sch 3 ; 2001 No. 76 s 11 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3","sortOrder":68},{"sectionNumber":"sec.25B","sectionType":"section","heading":"Employment on merit","content":"### sec.25B Employment on merit\n\nIn considering an applicant’s ability to perform the requirements of a position for the purpose of the Public Sector Act 2022 , section 45 (2) (a) , the person undertaking the recruitment and selection process must consider whether the applicant has the mandatory qualifications, skills or experience the commissioner considers necessary for the position (the requisite conditions ).\nIn deciding the applicant best suited to the position under the Public Sector Act 2022 , section 45 (2) , the person must consider the primacy of the requisite conditions over any other matter that may be considered under section 45 (2) (b) of that Act.\ns 25B prev s 25B ins 2010 No. 37 s 21\namd 2014 No. 17 s 184 sch 1 pt 4\nom 2022 No. 34 s 343\npres s 25B ins 2024 No. 22 s 35\n(sec.25B-ssec.1) In considering an applicant’s ability to perform the requirements of a position for the purpose of the Public Sector Act 2022 , section 45 (2) (a) , the person undertaking the recruitment and selection process must consider whether the applicant has the mandatory qualifications, skills or experience the commissioner considers necessary for the position (the requisite conditions ).\n(sec.25B-ssec.2) In deciding the applicant best suited to the position under the Public Sector Act 2022 , section 45 (2) , the person must consider the primacy of the requisite conditions over any other matter that may be considered under section 45 (2) (b) of that Act.","sortOrder":69},{"sectionNumber":"sec.25C","sectionType":"section","heading":null,"content":"### Section sec.25C\n\ns 25C ins 2010 No. 37 s 21\namd 2014 No. 17 s 81\nom 2022 No. 34 s 343","sortOrder":70},{"sectionNumber":"sec.26","sectionType":"section","heading":"Conditions of employment","content":"### sec.26 Conditions of employment\n\nSubject to any applicable industrial instrument, persons employed under section 25 shall be paid salary, wages and allowances at such rates and shall be employed under such conditions of employment as the commissioner determines.\nHowever, if a person mentioned in subsection (1) is employed on contract for a fixed term, the conditions of the person’s employment are not subject to any industrial instrument.\nAlso, if a directive made under the Public Sector Act 2022 applies to a person employed under section 25 and the directive is inconsistent with the determination of the commissioner under subsection (1) , the directive applies to the extent of the inconsistency.\ns 26 amd 1996 No. 42 ss 13A , 3 sch 3 ; 1998 No. 37 s 9 sch ; 2001 No. 76 s 21 ; 2014 No. 17 s 184 sch 1 pt 4 ; 2016 No. 63 s 1157 sch 6 ; 2022 No. 34 s 344\n(sec.26-ssec.1) Subject to any applicable industrial instrument, persons employed under section 25 shall be paid salary, wages and allowances at such rates and shall be employed under such conditions of employment as the commissioner determines.\n(sec.26-ssec.2) However, if a person mentioned in subsection (1) is employed on contract for a fixed term, the conditions of the person’s employment are not subject to any industrial instrument.\n(sec.26-ssec.3) Also, if a directive made under the Public Sector Act 2022 applies to a person employed under section 25 and the directive is inconsistent with the determination of the commissioner under subsection (1) , the directive applies to the extent of the inconsistency.","sortOrder":71},{"sectionNumber":"sec.27","sectionType":"section","heading":null,"content":"### Section sec.27\n\ns 27 amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 1998 No. 37 s 9 sch ; 2001 No. 76 s 11 sch 2 ; 2014 No. 17 s 82\nom 2022 No. 34 s 345","sortOrder":72},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Termination of office","content":"## Termination of office","sortOrder":73},{"sectionNumber":"sec.28","sectionType":"section","heading":"Retirement","content":"### sec.28 Retirement\n\nA fire service officer—\nmust retire from employment with the fire services upon attaining the age of 65 years;\nmay elect to retire from employment with the fire services upon or at any time after attaining the age of 55 years.\ns 28 amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 s 11 sch 2 ; 2014 No. 17 s 83 ; 2022 No. 34 s 346 ; 2024 No. 22 s 92 sch 1\n- (a) must retire from employment with the fire services upon attaining the age of 65 years;\n- (b) may elect to retire from employment with the fire services upon or at any time after attaining the age of 55 years.","sortOrder":74},{"sectionNumber":"sec.29","sectionType":"section","heading":null,"content":"### Section sec.29\n\ns 29 amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 s 11 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4\nom 2022 No. 34 s 347","sortOrder":75},{"sectionNumber":"sec.29A","sectionType":"section","heading":"Surrender of equipment","content":"### sec.29A Surrender of equipment\n\nA person, upon ceasing to be a fire service officer, must surrender to the commissioner—\nany form of identification; and\nanything issued to the person for official use;\nunless otherwise ordered by the commissioner.\nA justice, acting upon the complaint of the commissioner, may issue a warrant authorising any person named in, or belonging to a class of person specified in, the warrant to search for and seize anything not surrendered in accordance with subsection (1) .\nA person authorised to execute a warrant may, for that purpose—\nenter any premises in which the person believes the thing sought may be located; and\nbreak open anything the person believes may contain the thing sought.\ns 29A ins 2014 No. 17 s 84\namd 2024 No. 22 s 92 sch 1\n(sec.29A-ssec.1) A person, upon ceasing to be a fire service officer, must surrender to the commissioner— any form of identification; and anything issued to the person for official use; unless otherwise ordered by the commissioner.\n(sec.29A-ssec.2) A justice, acting upon the complaint of the commissioner, may issue a warrant authorising any person named in, or belonging to a class of person specified in, the warrant to search for and seize anything not surrendered in accordance with subsection (1) .\n(sec.29A-ssec.3) A person authorised to execute a warrant may, for that purpose— enter any premises in which the person believes the thing sought may be located; and break open anything the person believes may contain the thing sought.\n- (a) any form of identification; and\n- (b) anything issued to the person for official use;\n- (a) enter any premises in which the person believes the thing sought may be located; and\n- (b) break open anything the person believes may contain the thing sought.","sortOrder":76},{"sectionNumber":"sec.29B","sectionType":"section","heading":"Vacating premises","content":"### sec.29B Vacating premises\n\nA person, upon ceasing to be a fire service officer, must immediately vacate any premises the property of the State or to the possession of which the State is entitled, unless the commissioner otherwise orders.\nIf the premises are not vacated immediately or, as the case may be, within any period ordered by the commissioner, the commissioner may give the person a notice to quit.\nIf the premises are not vacated within 14 days after the notice to quit is given, a magistrate, acting upon the complaint of the commissioner, may issue a warrant authorising a police officer to enter the premises and remove all persons and property not authorised by the commissioner to be on the premises and to deliver possession of the premises to the State.\ns 29B ins 2014 No. 17 s 84\namd 2024 No. 22 s 92 sch 1\n(sec.29B-ssec.1) A person, upon ceasing to be a fire service officer, must immediately vacate any premises the property of the State or to the possession of which the State is entitled, unless the commissioner otherwise orders.\n(sec.29B-ssec.2) If the premises are not vacated immediately or, as the case may be, within any period ordered by the commissioner, the commissioner may give the person a notice to quit.\n(sec.29B-ssec.3) If the premises are not vacated within 14 days after the notice to quit is given, a magistrate, acting upon the complaint of the commissioner, may issue a warrant authorising a police officer to enter the premises and remove all persons and property not authorised by the commissioner to be on the premises and to deliver possession of the premises to the State.","sortOrder":77},{"sectionNumber":"ch.3-pt.4-div.3","sectionType":"division","heading":null,"content":"","sortOrder":78},{"sectionNumber":"sec.29C","sectionType":"section","heading":null,"content":"### Section sec.29C\n\ns 29C ins 2018 No. 29 s 64\nom 2022 No. 34 s 348","sortOrder":79},{"sectionNumber":"sec.29D","sectionType":"section","heading":null,"content":"### Section sec.29D\n\ns 29D ins 2018 No. 29 s 64\nom 2022 No. 34 s 348","sortOrder":80},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns 30 amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 1998 No. 37 s 9 sch ; 2001 No. 76 s 11 sch 2 ; 2010 No. 37 s 23 ; 2014 No. 17 s 85\nom 2022 No. 34 s 348","sortOrder":81},{"sectionNumber":"sec.30A","sectionType":"section","heading":null,"content":"### Section sec.30A\n\ns 30A ins 2010 No. 37 s 24\namd 2014 No. 17 s 184 sch 1 pt 4\nom 2022 No. 34 s 348","sortOrder":82},{"sectionNumber":"sec.30B","sectionType":"section","heading":null,"content":"### Section sec.30B\n\ns 30B ins 2010 No. 37 s 25\namd 2018 No. 29 s 66\nom 2022 No. 34 s 348","sortOrder":83},{"sectionNumber":"sec.30C","sectionType":"section","heading":null,"content":"### Section sec.30C\n\ns 30C ins 2010 No. 37 s 25\ns 30C def employing chief executive om 2014 No. 17 s 86\nom 2018 No. 29 s 67","sortOrder":84},{"sectionNumber":"sec.30D","sectionType":"section","heading":null,"content":"### Section sec.30D\n\ns 30D ins 2010 No. 37 s 25\namd 2014 No. 17 s 184 sch 1 pt 4 ; 2018 No. 29 s 68\nom 2022 No. 34 s 348","sortOrder":85},{"sectionNumber":"sec.30E","sectionType":"section","heading":null,"content":"### Section sec.30E\n\ns 30E ins 2010 No. 37 s 25\namd 2014 No. 17 s 184 sch 1 pt 4 ; 2018 No. 29 s 69\nom 2022 No. 34 s 348","sortOrder":86},{"sectionNumber":"sec.30F","sectionType":"section","heading":null,"content":"### Section sec.30F\n\ns 30F ins 2010 No. 37 s 25\namd 2014 No. 17 s 87\nom 2022 No. 34 s 348","sortOrder":87},{"sectionNumber":"sec.30G","sectionType":"section","heading":null,"content":"### Section sec.30G\n\ns 30G ins 2010 No. 37 s 25\namd 2014 No. 17 s 184 sch 1 pt 4 ; 2018 No. 29 s 70\nom 2022 No. 34 s 348","sortOrder":88},{"sectionNumber":"sec.30H","sectionType":"section","heading":null,"content":"### Section sec.30H\n\ns 30H ins 2010 No. 37 s 25\namd 2014 No. 17 s 184 sch 1 pt 4 ; 2014 No. 21 s 94 (2) sch 2\nom 2022 No. 34 s 348","sortOrder":89},{"sectionNumber":"sec.30I","sectionType":"section","heading":null,"content":"### Section sec.30I\n\ns 30I ins 2010 No. 37 s 25\namd 2014 No. 17 s 184 sch 1 pt 4 ; 2018 No. 29 s 71\nom 2022 No. 34 s 348","sortOrder":90},{"sectionNumber":"sec.30J","sectionType":"section","heading":null,"content":"### Section sec.30J\n\ns 30J ins 2010 No. 37 s 25\namd 2014 No. 17 s 184 sch 1 pt 4 ; 2018 No. 29 s 72\nom 2022 No. 34 s 348","sortOrder":91},{"sectionNumber":"sec.30K","sectionType":"section","heading":null,"content":"### Section sec.30K\n\ns 30K ins 2010 No. 37 s 25\namd 2014 No. 17 s 184 sch 1 pt 4 ; 2018 No. 29 s 73\nom 2022 No. 34 s 348","sortOrder":92},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns 31 sub 1995 No. 55 s 9\namd 1996 No. 37 s 147 sch 2\nom 2022 No. 34 s 348","sortOrder":93},{"sectionNumber":"sec.32","sectionType":"section","heading":null,"content":"### Section sec.32\n\ns 32 amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 s 11 sch 2 ; 2014 No. 17 s 88\nom 2022 No. 34 s 348","sortOrder":94},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 11 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4\nom 2022 No. 34 s 348","sortOrder":95},{"sectionNumber":"ch.3-pt.4A","sectionType":"part","heading":null,"content":"","sortOrder":96},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 orig s 34 om 1995 No. 55 s 10\nprev s 34 ins 1998 No. 37 s 13\nom 2024 No. 22 s 36","sortOrder":97},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns 35 orig s 35 om 1995 No. 55 s 10\nprev s 35 ins 1998 No. 37 s 13\namd 2001 No. 76 s 11 sch 2 ; 2003 No. 91 s 168 ; 2008 No. 64 s 16 ; 2014 No. 17 s 89\nom 2024 No. 22 s 36","sortOrder":98},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 orig s 36 om 1995 No. 55 s 10\nprev s 36 ins 1998 No. 37 s 13\namd 2002 No. 60 s 15\nom 2024 No. 22 s 36","sortOrder":99},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 orig s 37 om 1995 No. 55 s 10\nprev s 37 ins 1998 No. 37 s 13\namd 2001 No. 76 ss 24 (1) , 11 sch 2 ; 2014 No. 17 s 90\nom 2024 No. 22 s 36","sortOrder":100},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 orig s 38 om 1995 No. 55 s 10\nprev s 38 ins 1998 No. 37 s 13\nom 2024 No. 22 s 36","sortOrder":101},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 orig s 39 om 1995 No. 55 s 10\nprev s 39 ins 1998 No. 37 s 13\nom 2024 No. 22 s 36","sortOrder":102},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 orig s 40 om 1995 No. 55 s 10\nprev s 40 ins 1998 No. 37 s 13\nom 2024 No. 22 s 36","sortOrder":103},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 orig s 41 amd 1991 No. 51 s 3 .4; 1995 No. 55 s 11 ; 1996 No. 37 s 147 sch 2 ; 1996 No. 42 ss 14 , 21 sch 2 , 3 sch 3\nom 1997 No. 21 s 26\nprev s 41 ins 1998 No. 37 s 13\nom 2024 No. 22 s 36","sortOrder":104},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 orig s 42 amd 1995 No. 55 s 12 ; 1996 No. 42 ss 21 sch 2 , 3 sch 3\nom 1997 No. 21 s 26\nprev s 42 ins 1998 No. 37 s 13\nom 2024 No. 22 s 36","sortOrder":105},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns 43 orig s 43 om 1997 No. 21 s 26\nprev s 43 ins 1998 No. 37 s 13\nom 2024 No. 22 s 36","sortOrder":106},{"sectionNumber":"sec.44","sectionType":"section","heading":null,"content":"### Section sec.44\n\ns 44 orig s 44 amd 1995 No. 55 s 13\nom 1997 No. 21 s 26\nprev s 44 ins 1998 No. 37 s 13\nom 2024 No. 22 s 36","sortOrder":107},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns 45 om 1997 No. 21 s 26","sortOrder":108},{"sectionNumber":"sec.46","sectionType":"section","heading":null,"content":"### Section sec.46\n\ns 46 amd 1995 No. 55 s 14 ; 1996 No. 42 s 3 sch 3\nom 1997 No. 21 s 26","sortOrder":109},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":110},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns 47 sub 2003 No. 91 s 169\nom 2008 No. 64 s 17","sortOrder":111},{"sectionNumber":"sec.48","sectionType":"section","heading":null,"content":"### Section sec.48\n\ns 48 sub 2003 No. 91 s 169\nom 2008 No. 64 s 17","sortOrder":112},{"sectionNumber":"sec.49","sectionType":"section","heading":null,"content":"### Section sec.49\n\ns 49 amd 1996 No. 42 s 3 sch 3 ; 1998 No. 37 s 9 sch ; 2001 No. 76 s 11 sch 2\nsub 2003 No. 91 s 169\nom 2008 No. 64 s 17","sortOrder":113},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns 50 sub 2003 No. 91 s 169\nom 2008 No. 64 s 17","sortOrder":114},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 sub 2003 No. 91 s 169\nom 2008 No. 64 s 17","sortOrder":115},{"sectionNumber":"sec.52A","sectionType":"section","heading":null,"content":"### Section sec.52A\n\ns 52A ins 2003 No. 91 s 169\nom 2008 No. 64 s 17","sortOrder":116},{"sectionNumber":"sec.52B","sectionType":"section","heading":null,"content":"### Section sec.52B\n\ns 52B ins 2003 No. 91 s 169\nom 2008 No. 64 s 17","sortOrder":117},{"sectionNumber":"sec.52C","sectionType":"section","heading":null,"content":"### Section sec.52C\n\ns 52C ins 2003 No. 91 s 169\nom 2008 No. 64 s 17","sortOrder":118},{"sectionNumber":"sec.52D","sectionType":"section","heading":null,"content":"### Section sec.52D\n\ns 52D ins 2003 No. 91 s 169\nom 2008 No. 64 s 17","sortOrder":119},{"sectionNumber":"sec.52E","sectionType":"section","heading":null,"content":"### Section sec.52E\n\ns 52E ins 2003 No. 91 s 169\nom 2008 No. 64 s 17","sortOrder":120},{"sectionNumber":"sec.52F","sectionType":"section","heading":null,"content":"### Section sec.52F\n\ns 52F ins 2003 No. 91 s 169\nom 2008 No. 64 s 17","sortOrder":121},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 om 2006 No. 49 s 10","sortOrder":122},{"sectionNumber":"sec.85","sectionType":"section","heading":null,"content":"### Section sec.85\n\ns 85 amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 s 11 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4\nom 2024 No. 22 s 50","sortOrder":123},{"sectionNumber":"sec.94","sectionType":"section","heading":null,"content":"### Section sec.94\n\ns 94 amd 1995 No. 55 s 18\nom 2002 No. 60 s 18","sortOrder":124},{"sectionNumber":"sec.104FF","sectionType":"section","heading":null,"content":"### Section sec.104FF\n\ns 104FF ins 2002 No. 7 s 12\nsub 2014 No. 17 s 96\nom 2023 No. 7 s 13","sortOrder":125},{"sectionNumber":"sec.104SA","sectionType":"section","heading":null,"content":"### Section sec.104SA\n\ns 104SA ins 2006 No. 49 s 39\nom 2009 No. 24 s 109","sortOrder":126},{"sectionNumber":"sec.104SC","sectionType":"section","heading":null,"content":"### Section sec.104SC\n\ns 104SC (prev s 104M) ins 1991 No. 51 s 3 0.15\namd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2006 No. 49 s 30\nrenum and reloc 2006 No. 49 s 40\nom 2009 No. 24 s 111","sortOrder":127},{"sectionNumber":"sec.104SD","sectionType":"section","heading":null,"content":"### Section sec.104SD\n\ns 104SD (prev s 104N) ins 1991 No. 51 s 3 0.15\namd 1996 No. 42 s 3 sch 3 ; 1998 No. 13 s 191 sch ; 1998 No. 37 s 9 sch ; 2001 No. 76 s 11 sch 2 ; 2006 No. 49 s 31\nrenum and reloc 2006 No. 49 s 40\nom 2009 No. 24 s 112","sortOrder":128},{"sectionNumber":"sec.104SE","sectionType":"section","heading":null,"content":"### Section sec.104SE\n\ns 104SE (prev s 104O) ins 1991 No. 51 s 3 0.16\namd 2006 No. 49 s 32\nrenum and reloc 2006 No. 49 s 40\nom 2009 No. 24 s 113","sortOrder":129},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":null,"content":"","sortOrder":130},{"sectionNumber":"ch.3-pt.10","sectionType":"part","heading":null,"content":"","sortOrder":131},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Functions","content":"# Functions","sortOrder":132},{"sectionNumber":"sec.129","sectionType":"section","heading":"Additional functions of RFSQ","content":"### sec.129 Additional functions of RFSQ\n\nRFSQ has the following functions, in addition to the functions for RFSQ mentioned in section 8B —\nto carry out activities for the prevention of, preparedness for, response to, and recovery from, bushfires;\nto control and prevent bushfires;\nto investigate bushfires;\nto manage chief fire wardens and fire wardens;\nto manage the administration of the granting of notifications, notices and permits under this Act for the lighting of fires;\nto manage rural fire brigades;\nto support other entities providing emergency services to help communities respond to and recover from disasters;\nto support communities to improve resilience to bushfires;\nto perform other functions given to RFSQ by the commissioner.\ns 129 prev s 129 sub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 129 ins 2024 No. 22 s 62\n- (a) to carry out activities for the prevention of, preparedness for, response to, and recovery from, bushfires;\n- (b) to control and prevent bushfires;\n- (c) to investigate bushfires;\n- (d) to manage chief fire wardens and fire wardens;\n- (e) to manage the administration of the granting of notifications, notices and permits under this Act for the lighting of fires;\n- (f) to manage rural fire brigades;\n- (g) to support other entities providing emergency services to help communities respond to and recover from disasters;\n- (h) to support communities to improve resilience to bushfires;\n- (i) to perform other functions given to RFSQ by the commissioner.","sortOrder":133},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"RFSQ advisory committee","content":"# RFSQ advisory committee","sortOrder":134},{"sectionNumber":"sec.130","sectionType":"section","heading":"Establishment and membership of RFSQ advisory committee","content":"### sec.130 Establishment and membership of RFSQ advisory committee\n\nThe RFSQ advisory committee is established.\nThe Minister must appoint the members of the RFSQ advisory committee in consultation with the chief officer.\nThe RFSQ advisory committee has the function of advising the chief officer on matters relating to the performance of the functions of RFSQ, including the administration and management of rural fire brigades.\nA member of the RFSQ advisory committee holds the member’s appointment on the conditions decided by the Minister.\nTo remove any doubt, it is declared that the RFSQ advisory committee is not a decision-making body.\ns 130 orig s 130 om 2003 No. 13 s 106 sch 1\nprev s 130 ins 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 130 ins 2024 No. 22 s 62\n(sec.130-ssec.1) The RFSQ advisory committee is established.\n(sec.130-ssec.2) The Minister must appoint the members of the RFSQ advisory committee in consultation with the chief officer.\n(sec.130-ssec.3) The RFSQ advisory committee has the function of advising the chief officer on matters relating to the performance of the functions of RFSQ, including the administration and management of rural fire brigades.\n(sec.130-ssec.4) A member of the RFSQ advisory committee holds the member’s appointment on the conditions decided by the Minister.\n(sec.130-ssec.5) To remove any doubt, it is declared that the RFSQ advisory committee is not a decision-making body.","sortOrder":135},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Fire wardens","content":"# Fire wardens","sortOrder":136},{"sectionNumber":"sec.131","sectionType":"section","heading":"Chief fire wardens and fire wardens","content":"### sec.131 Chief fire wardens and fire wardens\n\nSuch number of chief fire wardens and fire wardens may be appointed as the commissioner thinks necessary or expedient for the purposes of this Act.\nThe commissioner may appoint a person to be a chief fire warden or fire warden (each a relevant fire warden ), or recommend to the Governor in Council the appointment of a person as a relevant fire warden under subsection (4) , only if the commissioner is satisfied the person is appropriately qualified to perform the functions and exercise the powers of a relevant fire warden.\nSubject to subsection (4) —\na relevant fire warden holds office for the term and on the conditions stated in the relevant fire warden’s instrument of appointment; and\nwithout limiting paragraph (a) , the instrument of appointment must state the geographical area in which the relevant fire warden can perform the relevant fire warden’s functions or exercise the relevant fire warden’s powers.\nWhere the appointee is a public service officer or a police officer, the appointment must be made by the Governor in Council by notification published in the gazette—\nspecifying the name of the appointee; or\nspecifying that the appointment is made to the holder of a specified office in which case each person who, for any period, holds or performs the duties of that office is, for that period, a chief fire warden or, as the case may be, a fire warden.\nA person may hold an office under this section in conjunction with any office held with the fire services, the public service or the police service.\nThe commissioner may, by giving a notice to an appointee, cancel the appointment, whether the appointment was made by the commissioner or the Governor in Council.\nThe Governor in Council may, by notification published in the gazette, amend or rescind any notification made under subsection (4) (b) .\ns 131 prev s 131 amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 s 11 sch 2\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 131 (prev s 75) amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 1998 No. 37 s 9 sch ; 2001 No. 76 ss 24 (1) , 11 sch 2 ; 2014 No. 17 s 94 ; 2024 No. 22 s 41\nreloc and renum 2024 No. 22 s 44 (2)\n(sec.131-ssec.1) Such number of chief fire wardens and fire wardens may be appointed as the commissioner thinks necessary or expedient for the purposes of this Act.\n(sec.131-ssec.2) The commissioner may appoint a person to be a chief fire warden or fire warden (each a relevant fire warden ), or recommend to the Governor in Council the appointment of a person as a relevant fire warden under subsection (4) , only if the commissioner is satisfied the person is appropriately qualified to perform the functions and exercise the powers of a relevant fire warden.\n(sec.131-ssec.3) Subject to subsection (4) — a relevant fire warden holds office for the term and on the conditions stated in the relevant fire warden’s instrument of appointment; and without limiting paragraph (a) , the instrument of appointment must state the geographical area in which the relevant fire warden can perform the relevant fire warden’s functions or exercise the relevant fire warden’s powers.\n(sec.131-ssec.4) Where the appointee is a public service officer or a police officer, the appointment must be made by the Governor in Council by notification published in the gazette— specifying the name of the appointee; or specifying that the appointment is made to the holder of a specified office in which case each person who, for any period, holds or performs the duties of that office is, for that period, a chief fire warden or, as the case may be, a fire warden.\n(sec.131-ssec.5) A person may hold an office under this section in conjunction with any office held with the fire services, the public service or the police service.\n(sec.131-ssec.6) The commissioner may, by giving a notice to an appointee, cancel the appointment, whether the appointment was made by the commissioner or the Governor in Council.\n(sec.131-ssec.7) The Governor in Council may, by notification published in the gazette, amend or rescind any notification made under subsection (4) (b) .\n- (a) a relevant fire warden holds office for the term and on the conditions stated in the relevant fire warden’s instrument of appointment; and\n- (b) without limiting paragraph (a) , the instrument of appointment must state the geographical area in which the relevant fire warden can perform the relevant fire warden’s functions or exercise the relevant fire warden’s powers.\n- (a) specifying the name of the appointee; or\n- (b) specifying that the appointment is made to the holder of a specified office in which case each person who, for any period, holds or performs the duties of that office is, for that period, a chief fire warden or, as the case may be, a fire warden.","sortOrder":137},{"sectionNumber":"sec.132","sectionType":"section","heading":"Powers and functions","content":"### sec.132 Powers and functions\n\nThe powers of a chief fire warden or fire warden are the same as those of an authorised fire officer subject to any limitation imposed by the commissioner.\nWithout limiting section 7AA , the commissioner may direct a chief fire warden or fire warden—\nin the performance of the chief fire warden’s or fire warden’s functions; and\nto perform functions in addition to those conferred by this Act.\nIn exercising a power or discharging a function a chief fire warden or fire warden must comply with any code of practice and with any direction of the commissioner.\ns 132 prev s 132 sub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 132 (prev s 76) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2024 No. 22 s 42\nreloc and renum 2024 No. 22 s 44 (2)\n(sec.132-ssec.1) The powers of a chief fire warden or fire warden are the same as those of an authorised fire officer subject to any limitation imposed by the commissioner.\n(sec.132-ssec.2) Without limiting section 7AA , the commissioner may direct a chief fire warden or fire warden— in the performance of the chief fire warden’s or fire warden’s functions; and to perform functions in addition to those conferred by this Act.\n(sec.132-ssec.3) In exercising a power or discharging a function a chief fire warden or fire warden must comply with any code of practice and with any direction of the commissioner.\n- (a) in the performance of the chief fire warden’s or fire warden’s functions; and\n- (b) to perform functions in addition to those conferred by this Act.","sortOrder":138},{"sectionNumber":"sec.133","sectionType":"section","heading":"Resignation","content":"### sec.133 Resignation\n\nA chief fire warden or fire warden may, at any time, resign office as chief fire warden or fire warden by signed notice given to the commissioner.\ns 133 prev s 133 amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 ss 24 (1) , 11 sch 2\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 133 (prev s 77) sub 2024 No. 22 s 43\nreloc and renum 2024 No. 22 s 44 (2)","sortOrder":139},{"sectionNumber":"sec.134","sectionType":"section","heading":"Appeals from decisions of fire wardens","content":"### sec.134 Appeals from decisions of fire wardens\n\nWhere pursuant to a delegation of the commissioner’s powers a chief fire warden or a fire warden is empowered to issue notices under section 145B or 145G or to determine applications for permits under section 145C , any person aggrieved by a decision made by the chief fire warden or fire warden in the exercise of the power may appeal against the decision by notice in writing given to the commissioner.\nThe commissioner may allow or dismiss an appeal and may, where an appeal is allowed, make any order that appears just.\ns 134 prev s 134 sub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 134 (prev s 78) amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 s 24 (1) , (3) ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 44 (2)\n(sec.134-ssec.1) Where pursuant to a delegation of the commissioner’s powers a chief fire warden or a fire warden is empowered to issue notices under section 145B or 145G or to determine applications for permits under section 145C , any person aggrieved by a decision made by the chief fire warden or fire warden in the exercise of the power may appeal against the decision by notice in writing given to the commissioner.\n(sec.134-ssec.2) The commissioner may allow or dismiss an appeal and may, where an appeal is allowed, make any order that appears just.","sortOrder":140},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Rural fire brigades","content":"# Rural fire brigades","sortOrder":141},{"sectionNumber":"sec.135","sectionType":"section","heading":"Registration of rural fire brigade","content":"### sec.135 Registration of rural fire brigade\n\nAny group of persons may apply to the commissioner to register an entity as a rural fire brigade.\nThe commissioner may grant or refuse an application and, in the case of the granting of an application, must assign a registration number to the rural fire brigade.\nIf an application for registration of an entity as a rural fire brigade is granted, each person in the group who applied for registration is not necessarily a member of the rural fire brigade.\nThe commissioner may at any time cancel the registration of a rural fire brigade.\ns 135 prev s 135 sub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 135 (prev s 79) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2024 No. 22 s 45\nreloc and renum 2024 No. 22 s 51 (2)\n(sec.135-ssec.1) Any group of persons may apply to the commissioner to register an entity as a rural fire brigade.\n(sec.135-ssec.2) The commissioner may grant or refuse an application and, in the case of the granting of an application, must assign a registration number to the rural fire brigade. If an application for registration of an entity as a rural fire brigade is granted, each person in the group who applied for registration is not necessarily a member of the rural fire brigade.\n(sec.135-ssec.3) The commissioner may at any time cancel the registration of a rural fire brigade.","sortOrder":142},{"sectionNumber":"sec.136","sectionType":"section","heading":"Appointment of rural fire brigade members","content":"### sec.136 Appointment of rural fire brigade members\n\nThe commissioner may appoint a person as a member of a rural fire brigade.\nA rural fire brigade member—\nis appointed on the terms stated in the instrument of appointment; and\nmay resign the appointment by signed notice given to the commissioner.\ns 136 orig s 136 amd 1996 No. 42 ss 20 sch 1 , 3 sch 3\nom 2000 No. 5 s 461 sch 3\nprev s 136 ins 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 136 (prev s 80) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1)\nsub 2024 No. 22 s 46\nreloc and renum 2024 No. 22 s 51 (2)\n(sec.136-ssec.1) The commissioner may appoint a person as a member of a rural fire brigade.\n(sec.136-ssec.2) A rural fire brigade member— is appointed on the terms stated in the instrument of appointment; and may resign the appointment by signed notice given to the commissioner.\n- (a) is appointed on the terms stated in the instrument of appointment; and\n- (b) may resign the appointment by signed notice given to the commissioner.","sortOrder":143},{"sectionNumber":"sec.137","sectionType":"section","heading":"Rules for rural fire brigades","content":"### sec.137 Rules for rural fire brigades\n\nThe commissioner may make model rules for the proper management and operation of rural fire brigades.\nA rural fire brigade may, with the written approval of the commissioner, make a rule that is additional to the model rules.\nAn additional rule under subsection (2) must not be inconsistent with this Act or the model rules.\nA rural fire brigade’s rules are the model rules and any additional rules approved by the commissioner.\nA rural fire brigade and the members of the rural fire brigade must comply with the rural fire brigade’s rules.\ns 137 prev s 137 amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2006 No. 49 s 42 ; 2009 No. 36 s 872 sch 2 ; 2011 No. 18 s 404 sch 4 pt 1\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 137 (prev s 80A) ins 2024 No. 22 s 46\nreloc and renum 2024 No. 22 s 51 (2)\namd 2024 No. 45 s 134 sch 1\n(sec.137-ssec.1) The commissioner may make model rules for the proper management and operation of rural fire brigades.\n(sec.137-ssec.2) A rural fire brigade may, with the written approval of the commissioner, make a rule that is additional to the model rules.\n(sec.137-ssec.3) An additional rule under subsection (2) must not be inconsistent with this Act or the model rules.\n(sec.137-ssec.4) A rural fire brigade’s rules are the model rules and any additional rules approved by the commissioner.\n(sec.137-ssec.5) A rural fire brigade and the members of the rural fire brigade must comply with the rural fire brigade’s rules.","sortOrder":144},{"sectionNumber":"sec.138","sectionType":"section","heading":"Officers and office bearers of rural fire brigade","content":"### sec.138 Officers and office bearers of rural fire brigade\n\nA rural fire brigade must elect a first officer to be in charge of the brigade.\nA rural fire brigade may also elect such other officers as it considers necessary.\nA rural fire brigade may elect any member of the brigade to be the chairperson, secretary or treasurer of the brigade (each an office bearer ).\nAny election must be conducted in accordance with the commissioner’s directions and has no effect unless approved by the commissioner.\nA person holds office, or is an office bearer, for the period specified by the commissioner.\nThe commissioner may do either or both of the following in relation to a person—\ndismiss the person from an office held with, or as an office bearer of, a rural fire brigade;\ndisqualify the person from holding any office with, or being an office bearer of, a rural fire brigade.\ns 138 prev s 138 amd 1996 No. 42 s 21 sch 2 ; 1999 No. 19 s 3 sch ; 2001 No. 76 s 24 (1) ; 2003 No. 91 s 175 sch 1\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 138 (prev s 81) amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 s 24 (1) , (3) ; 2024 No. 22 s 47\nreloc and renum 2024 No. 22 s 51 (2)\n(sec.138-ssec.1) A rural fire brigade must elect a first officer to be in charge of the brigade.\n(sec.138-ssec.2) A rural fire brigade may also elect such other officers as it considers necessary.\n(sec.138-ssec.3) A rural fire brigade may elect any member of the brigade to be the chairperson, secretary or treasurer of the brigade (each an office bearer ).\n(sec.138-ssec.4) Any election must be conducted in accordance with the commissioner’s directions and has no effect unless approved by the commissioner.\n(sec.138-ssec.5) A person holds office, or is an office bearer, for the period specified by the commissioner.\n(sec.138-ssec.6) The commissioner may do either or both of the following in relation to a person— dismiss the person from an office held with, or as an office bearer of, a rural fire brigade; disqualify the person from holding any office with, or being an office bearer of, a rural fire brigade.\n- (a) dismiss the person from an office held with, or as an office bearer of, a rural fire brigade;\n- (b) disqualify the person from holding any office with, or being an office bearer of, a rural fire brigade.","sortOrder":145},{"sectionNumber":"sec.139","sectionType":"section","heading":"Functions of a rural fire brigade","content":"### sec.139 Functions of a rural fire brigade\n\nThe functions of a rural fire brigade are—\nto carry out fire fighting and fire prevention; and\nto use fire for land management; and\nto carry out other activities to help communities or other entities prepare for, respond to, and enhance resilience to, an event or a disaster; and\nto carry out activities to raise the profile of RFSQ, promote bushfire safety or raise funds to support rural fire brigades in the performance of the brigades’ other functions; and\nto provide services or assistance if required by any Act or the reasonable expectations of the community; and\nto perform any other function given to the brigade by the commissioner.\nThe commissioner must notify a rural fire brigade of the area for which and the circumstances in which the brigade is in charge of fire fighting and fire prevention.\nIn this section—\nfire prevention includes taking measures in readiness for fire so as to reduce potential danger to persons, property or the environment.\ns 139 prev s 139 amd 1996 No. 42 s 3 sch 3 ; 2001 No. 76 s 24 (1)\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 139 (prev s 82) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2024 No. 22 s 48\nreloc and renum 2024 No. 22 s 51 (2)\n(sec.139-ssec.1) The functions of a rural fire brigade are— to carry out fire fighting and fire prevention; and to use fire for land management; and to carry out other activities to help communities or other entities prepare for, respond to, and enhance resilience to, an event or a disaster; and to carry out activities to raise the profile of RFSQ, promote bushfire safety or raise funds to support rural fire brigades in the performance of the brigades’ other functions; and to provide services or assistance if required by any Act or the reasonable expectations of the community; and to perform any other function given to the brigade by the commissioner.\n(sec.139-ssec.2) The commissioner must notify a rural fire brigade of the area for which and the circumstances in which the brigade is in charge of fire fighting and fire prevention.\n(sec.139-ssec.3) In this section— fire prevention includes taking measures in readiness for fire so as to reduce potential danger to persons, property or the environment.\n- (a) to carry out fire fighting and fire prevention; and\n- (b) to use fire for land management; and\n- (c) to carry out other activities to help communities or other entities prepare for, respond to, and enhance resilience to, an event or a disaster; and\n- (d) to carry out activities to raise the profile of RFSQ, promote bushfire safety or raise funds to support rural fire brigades in the performance of the brigades’ other functions; and\n- (e) to provide services or assistance if required by any Act or the reasonable expectations of the community; and\n- (f) to perform any other function given to the brigade by the commissioner.","sortOrder":146},{"sectionNumber":"sec.139A","sectionType":"section","heading":"Helping communities or other entities","content":"### sec.139A Helping communities or other entities\n\nFor performing a function under section 139 (1) (c) , a rural fire brigade may carry out activities to help a community or another entity in relation to an event or a disaster—\nat the direction of the commissioner; or\nin response to a request for help by the community or other entity; or\non its own initiative.\nblocking a road to isolate an area in the vicinity of a fallen powerline\ndirecting traffic away from a flooded creek\nusing a chainsaw to remove a fallen tree on a property that is causing a hazard\nIf the rural fire brigade carries out activities in response to a request for help by the community or other entity or on its own initiative, the first officer of the brigade must notify the commissioner at the first opportunity of any activities carried out, or to be carried out, by the brigade in relation to the event or disaster.\nIn this section—\nfirst officer see section 140 (4) .\ns 139A ins 2025 No. 21 s 1B\n(sec.139A-ssec.1) For performing a function under section 139 (1) (c) , a rural fire brigade may carry out activities to help a community or another entity in relation to an event or a disaster— at the direction of the commissioner; or in response to a request for help by the community or other entity; or on its own initiative. blocking a road to isolate an area in the vicinity of a fallen powerline directing traffic away from a flooded creek using a chainsaw to remove a fallen tree on a property that is causing a hazard\n(sec.139A-ssec.2) If the rural fire brigade carries out activities in response to a request for help by the community or other entity or on its own initiative, the first officer of the brigade must notify the commissioner at the first opportunity of any activities carried out, or to be carried out, by the brigade in relation to the event or disaster.\n(sec.139A-ssec.3) In this section— first officer see section 140 (4) .\n- (a) at the direction of the commissioner; or\n- (b) in response to a request for help by the community or other entity; or\n- (c) on its own initiative.\n- • blocking a road to isolate an area in the vicinity of a fallen powerline\n- • directing traffic away from a flooded creek\n- • using a chainsaw to remove a fallen tree on a property that is causing a hazard","sortOrder":147},{"sectionNumber":"sec.140","sectionType":"section","heading":"Powers of first officer","content":"### sec.140 Powers of first officer\n\nWhere, pursuant to notification given under section 139 (2) , a rural fire brigade is in charge of operations for controlling and extinguishing a fire, the first officer of the brigade has, for that purpose—\nthe powers of an authorised fire officer, subject to any limitation imposed by the commissioner; and\nthe control and direction of any person (including any fire officer) whose services are available at the fire.\nAny power exercisable by the first officer of a rural fire brigade may be exercised by any person acting at the direction of the first officer.\nAny person exercising a power or discharging a function under this section must comply with any code of practice and with any direction of the commissioner.\nIn this section—\nfirst officer includes, where the first officer of a rural fire brigade is unavailable to act, the next senior officer of the brigade who is available.\nWhere a rural fire brigade is assisting in operations for controlling or extinguishing a fire, the person who pursuant to this Act or any direction given by the commissioner is in charge of those operations has the control and direction of the members of the rural fire brigade.\ns 140 prev s 140 amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 , 3 sch 3 ; 2001 No. 76 ss 24 (1) , 11 sch 2\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 140 (prev s 83) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 51 (2)\n(sec.140-ssec.1) Where, pursuant to notification given under section 139 (2) , a rural fire brigade is in charge of operations for controlling and extinguishing a fire, the first officer of the brigade has, for that purpose— the powers of an authorised fire officer, subject to any limitation imposed by the commissioner; and the control and direction of any person (including any fire officer) whose services are available at the fire.\n(sec.140-ssec.2) Any power exercisable by the first officer of a rural fire brigade may be exercised by any person acting at the direction of the first officer.\n(sec.140-ssec.3) Any person exercising a power or discharging a function under this section must comply with any code of practice and with any direction of the commissioner.\n(sec.140-ssec.4) In this section— first officer includes, where the first officer of a rural fire brigade is unavailable to act, the next senior officer of the brigade who is available.\n(sec.140-ssec.5) Where a rural fire brigade is assisting in operations for controlling or extinguishing a fire, the person who pursuant to this Act or any direction given by the commissioner is in charge of those operations has the control and direction of the members of the rural fire brigade.\n- (a) the powers of an authorised fire officer, subject to any limitation imposed by the commissioner; and\n- (b) the control and direction of any person (including any fire officer) whose services are available at the fire.","sortOrder":148},{"sectionNumber":"sec.141","sectionType":"section","heading":"Appointment of person in charge of operations","content":"### sec.141 Appointment of person in charge of operations\n\nThe commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, if the commissioner considers it appropriate and necessary in the circumstances.\nHowever, the commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire under subsection (1) in an area for which a rural fire brigade is in charge of fire fighting and fire prevention under section 139 (2) only if there is no first officer for the rural fire brigade, within the meaning of section 140 (4) , who is available for controlling or extinguishing the fire.\nThe appointment under subsection (1) may be—\nwritten or oral; and\nfor the duration of an event or for a stated or indefinite period.\nThe appointment of a person as the person in charge of operations ends—\nfor an appointment for the duration of an event—at the end of the event; or\nfor an appointment for a stated period—at the end of the stated period; or\nfor an appointment for an indefinite period—when the commissioner gives the person notice that the appointment has ended.\nDespite subsection (4) , the appointment of a person as the person in charge of operations ends if the commissioner gives the person notice that the appointment has ended.\nThe person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, has the powers of the first officer of a rural fire brigade under section 140 (1) (a) and (b) .\nSection 140 (2) applies to the person in charge of operations as if a reference in the subsection to the first officer of a rural fire brigade were a reference to the person in charge of operations.\nAny person performing a function or exercising a power under this section must comply with—\nany relevant code of practice; and\nany direction given by the commissioner.\ns 141 prev s 141 amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 s 11 sch 2\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 141 (prev s 83A) ins 2024 No. 22 s 49\nreloc and renum 2024 No. 22 s 51 (2)\namd 2024 No. 45 s 134 sch 1\n(sec.141-ssec.1) The commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, if the commissioner considers it appropriate and necessary in the circumstances.\n(sec.141-ssec.2) However, the commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire under subsection (1) in an area for which a rural fire brigade is in charge of fire fighting and fire prevention under section 139 (2) only if there is no first officer for the rural fire brigade, within the meaning of section 140 (4) , who is available for controlling or extinguishing the fire.\n(sec.141-ssec.3) The appointment under subsection (1) may be— written or oral; and for the duration of an event or for a stated or indefinite period.\n(sec.141-ssec.4) The appointment of a person as the person in charge of operations ends— for an appointment for the duration of an event—at the end of the event; or for an appointment for a stated period—at the end of the stated period; or for an appointment for an indefinite period—when the commissioner gives the person notice that the appointment has ended.\n(sec.141-ssec.5) Despite subsection (4) , the appointment of a person as the person in charge of operations ends if the commissioner gives the person notice that the appointment has ended.\n(sec.141-ssec.6) The person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, has the powers of the first officer of a rural fire brigade under section 140 (1) (a) and (b) .\n(sec.141-ssec.7) Section 140 (2) applies to the person in charge of operations as if a reference in the subsection to the first officer of a rural fire brigade were a reference to the person in charge of operations.\n(sec.141-ssec.8) Any person performing a function or exercising a power under this section must comply with— any relevant code of practice; and any direction given by the commissioner.\n- (a) written or oral; and\n- (b) for the duration of an event or for a stated or indefinite period.\n- (a) for an appointment for the duration of an event—at the end of the event; or\n- (b) for an appointment for a stated period—at the end of the stated period; or\n- (c) for an appointment for an indefinite period—when the commissioner gives the person notice that the appointment has ended.\n- (a) any relevant code of practice; and\n- (b) any direction given by the commissioner.","sortOrder":149},{"sectionNumber":"sec.142","sectionType":"section","heading":"Equipment for rural fire brigade","content":"### sec.142 Equipment for rural fire brigade\n\nThe commissioner may provide any rural fire brigade with equipment for carrying out its responsibilities or may, for that purpose, subsidise the purchase of equipment by a rural fire brigade.\nAll equipment provided by, or the purchase of which is subsidised by, the commissioner is and remains the property of the State and may at any time be repossessed by the commissioner.\nA justice, acting upon the complaint of the commissioner, may issue a warrant authorising any person named in it or belonging to a class of person specified in it to search for and seize any equipment that pursuant to subsection (2) is the property of the State.\nA person authorised to execute a warrant may, for that purpose—\nenter any premises in which the person believes the equipment may be located;\nbreak open anything the person believes may contain the equipment.\nIn this section—\nequipment , without limiting the meaning of the term, includes plant and any liquid or gaseous substance.\ns 142 prev s 142 amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 s 11 sch 2\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 142 (prev s 84) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 ss 24 (1) , 11 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4\nreloc and renum 2024 No. 22 s 51 (2)\n(sec.142-ssec.1) The commissioner may provide any rural fire brigade with equipment for carrying out its responsibilities or may, for that purpose, subsidise the purchase of equipment by a rural fire brigade.\n(sec.142-ssec.2) All equipment provided by, or the purchase of which is subsidised by, the commissioner is and remains the property of the State and may at any time be repossessed by the commissioner.\n(sec.142-ssec.3) A justice, acting upon the complaint of the commissioner, may issue a warrant authorising any person named in it or belonging to a class of person specified in it to search for and seize any equipment that pursuant to subsection (2) is the property of the State.\n(sec.142-ssec.4) A person authorised to execute a warrant may, for that purpose— enter any premises in which the person believes the equipment may be located; break open anything the person believes may contain the equipment.\n(sec.142-ssec.5) In this section— equipment , without limiting the meaning of the term, includes plant and any liquid or gaseous substance.\n- (a) enter any premises in which the person believes the equipment may be located;\n- (b) break open anything the person believes may contain the equipment.","sortOrder":150},{"sectionNumber":"sec.142A","sectionType":"section","heading":null,"content":"### Section sec.142A\n\ns 142A ins 1991 No. 51 s 3 0.2\namd 2006 No. 49 s 43\nom 2014 No. 17 s 100","sortOrder":151},{"sectionNumber":"sec.143","sectionType":"section","heading":"Powers of officers of other States to fight fires in Queensland","content":"### sec.143 Powers of officers of other States to fight fires in Queensland\n\nIn this section—\nofficer of another State means an officer of any body or organisation that, pursuant to any law of another State, is responsible for extinguishing fires in rural areas in that State.\nState means the State of New South Wales or the State of South Australia or the Northern Territory.\nWhere an officer of another State determines in good faith—\nthat a fire burning in Queensland may continue burning into the other State; or\nthat a fire burning in the other State may continue burning into Queensland;\nthe officer may take measures in Queensland for extinguishing or controlling the fire.\nIf an officer of another State, in Queensland for the purpose of taking measures authorised by subsection (2) to be taken, is the senior officer present of the relevant body or organisation, the officer may exercise, subject to subsection (4) , any of the powers of a first officer of a rural fire brigade.\nWhere, pursuant to this Act or any direction given by the commissioner, any person has control of operations at a fire in Queensland at which an officer of another State is present, that officer must obey any direction given by the person having control of operations.\ns 143 prev s 143 amd 5 April 1995 RA s 38; 1996 No. 42 ss 15 , 21 sch 2 ; 2001 No. 76 s 11 sch 2\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 143 (prev s 86) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1)\nreloc and renum 2024 No. 22 s 51 (2)\n(sec.143-ssec.1) In this section— officer of another State means an officer of any body or organisation that, pursuant to any law of another State, is responsible for extinguishing fires in rural areas in that State. State means the State of New South Wales or the State of South Australia or the Northern Territory.\n(sec.143-ssec.2) Where an officer of another State determines in good faith— that a fire burning in Queensland may continue burning into the other State; or that a fire burning in the other State may continue burning into Queensland; the officer may take measures in Queensland for extinguishing or controlling the fire.\n(sec.143-ssec.3) If an officer of another State, in Queensland for the purpose of taking measures authorised by subsection (2) to be taken, is the senior officer present of the relevant body or organisation, the officer may exercise, subject to subsection (4) , any of the powers of a first officer of a rural fire brigade.\n(sec.143-ssec.4) Where, pursuant to this Act or any direction given by the commissioner, any person has control of operations at a fire in Queensland at which an officer of another State is present, that officer must obey any direction given by the person having control of operations.\n- (a) that a fire burning in Queensland may continue burning into the other State; or\n- (b) that a fire burning in the other State may continue burning into Queensland;","sortOrder":152},{"sectionNumber":"ch.4A-pt.1","sectionType":"part","heading":"Control and prevention of fires","content":"# Control and prevention of fires","sortOrder":153},{"sectionNumber":"sec.144","sectionType":"section","heading":"Interpretation and application of part","content":"### sec.144 Interpretation and application of part\n\nFor the purposes of this part a person is taken to light a fire if the person—\nlights, maintains or uses the fire; or\naids, procures or counsels another to light, maintain or use the fire; or\nbeing the owner or occupier of the land on which the fire is lit—permits another to light, maintain or use the fire.\nThis part does not apply in respect of the lighting of a fire inside any building in circumstances that prevent the escape from the building of fire or any material or substance that is likely to cause fire.\nIn this part—\nlicence area see the Forestry Act 1959 , schedule 3 .\noccupier of land includes, if there is no person in actual occupation of the land—\nthe person charged by the owner or by law with the management of the land; and\nif the land is a licence area—\nif there is a plantation sublicensee for the licence area—the plantation sublicensee; or\notherwise—the plantation licensee.\nplantation licensee see the Forestry Act 1959 , schedule 3 .\nplantation officer see the Forestry Act 1959 , schedule 3 .\nplantation operator see the Forestry Act 1959 , schedule 3 .\nplantation sublicensee see the Forestry Act 1959 , schedule 3 .\ns 144 prev s 144 amd 1995 No. 55 s 35 ; 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 1997 No. 52 s 3 sch ; 2001 No. 76 s 11 sch 2 ; 2002 No. 60 s 20 ; 2006 No. 49 s 44\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 144 (prev s 61) amd 2010 No. 12 s 14 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 40 (2)\n(sec.144-ssec.1) For the purposes of this part a person is taken to light a fire if the person— lights, maintains or uses the fire; or aids, procures or counsels another to light, maintain or use the fire; or being the owner or occupier of the land on which the fire is lit—permits another to light, maintain or use the fire.\n(sec.144-ssec.2) This part does not apply in respect of the lighting of a fire inside any building in circumstances that prevent the escape from the building of fire or any material or substance that is likely to cause fire.\n(sec.144-ssec.3) In this part— licence area see the Forestry Act 1959 , schedule 3 . occupier of land includes, if there is no person in actual occupation of the land— the person charged by the owner or by law with the management of the land; and if the land is a licence area— if there is a plantation sublicensee for the licence area—the plantation sublicensee; or otherwise—the plantation licensee. plantation licensee see the Forestry Act 1959 , schedule 3 . plantation officer see the Forestry Act 1959 , schedule 3 . plantation operator see the Forestry Act 1959 , schedule 3 . plantation sublicensee see the Forestry Act 1959 , schedule 3 .\n- (a) lights, maintains or uses the fire; or\n- (b) aids, procures or counsels another to light, maintain or use the fire; or\n- (c) being the owner or occupier of the land on which the fire is lit—permits another to light, maintain or use the fire.\n- (a) the person charged by the owner or by law with the management of the land; and\n- (b) if the land is a licence area— (i) if there is a plantation sublicensee for the licence area—the plantation sublicensee; or (ii) otherwise—the plantation licensee.\n- (i) if there is a plantation sublicensee for the licence area—the plantation sublicensee; or\n- (ii) otherwise—the plantation licensee.\n- (i) if there is a plantation sublicensee for the licence area—the plantation sublicensee; or\n- (ii) otherwise—the plantation licensee.","sortOrder":154},{"sectionNumber":"sec.145","sectionType":"section","heading":"Offence to light unauthorised fire","content":"### sec.145 Offence to light unauthorised fire\n\nA person who lights a fire that is not authorised by this part or by any notification, notice or permit given under this part commits an offence against this Act.\nMaximum penalty—50 penalty units or 6 months imprisonment.\ns 145 prev s 145 amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 11 sch 2\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 145 (prev s 62) amd 2006 No. 49 s 13 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 40 (2)","sortOrder":155},{"sectionNumber":"sec.145A","sectionType":"section","heading":"Authorisation of fires by commissioner","content":"### sec.145A Authorisation of fires by commissioner\n\nThe commissioner may, by notification published in the gazette, authorise the lighting of fires for purposes and in circumstances specified in the notification.\ns 145A (prev s 63) amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 s 24\nreloc and renum 2024 No. 22 s 40 (2)","sortOrder":156},{"sectionNumber":"sec.145B","sectionType":"section","heading":"Prohibition by commissioner against lighting of fires","content":"### sec.145B Prohibition by commissioner against lighting of fires\n\nNotwithstanding any notification under section 145A authorising the lighting of fires the commissioner may, by giving a notice to the occupier of land, prohibit the lighting on the land of all fires or all fires other than those lit for a purpose or in circumstances specified in the notice.\nAn occupier of land may ask the commissioner to give a notice under subsection (1) to an occupier of adjoining land.\nThe request must be made in the way, and include the information, prescribed by regulation.\nThe commissioner must consider the request unless the commissioner believes the request is frivolous or vexatious.\nIn this section—\noccupier of adjoining land means the occupier of land that—\ntouches some part of the land in question; or\nwould touch some part of that land but for the existence of a watercourse, road or firebreak, that is 10m or less in width or, although wider than 10m, is not clear of vegetation or other flammable material for at least 10m in every direction.\ns 145B (prev s 64) amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 s 24 ; 2002 No. 60 s 23 sch ; 2023 No. 11 s 8 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 40 (2)\n(sec.145B-ssec.1) Notwithstanding any notification under section 145A authorising the lighting of fires the commissioner may, by giving a notice to the occupier of land, prohibit the lighting on the land of all fires or all fires other than those lit for a purpose or in circumstances specified in the notice.\n(sec.145B-ssec.2) An occupier of land may ask the commissioner to give a notice under subsection (1) to an occupier of adjoining land.\n(sec.145B-ssec.3) The request must be made in the way, and include the information, prescribed by regulation.\n(sec.145B-ssec.4) The commissioner must consider the request unless the commissioner believes the request is frivolous or vexatious.\n(sec.145B-ssec.5) In this section— occupier of adjoining land means the occupier of land that— touches some part of the land in question; or would touch some part of that land but for the existence of a watercourse, road or firebreak, that is 10m or less in width or, although wider than 10m, is not clear of vegetation or other flammable material for at least 10m in every direction.\n- (a) touches some part of the land in question; or\n- (b) would touch some part of that land but for the existence of a watercourse, road or firebreak, that is 10m or less in width or, although wider than 10m, is not clear of vegetation or other flammable material for at least 10m in every direction.","sortOrder":157},{"sectionNumber":"sec.145C","sectionType":"section","heading":"Granting of permits","content":"### sec.145C Granting of permits\n\nA person may apply to the commissioner for a permit to light a fire on any land.\nThe application—\nmay be made orally or in writing; and\nmust include the information prescribed by regulation.\nThe commissioner may grant or refuse to grant an application.\nSubject to subsection (5) , the commissioner must refuse to grant a permit to light a fire on any land unless satisfied that—\nreasonable steps have been taken to notify each occupier of adjoining land of the making of the application; and\neach occupier of adjoining land notified under paragraph (a) has been given a reasonable opportunity to object, orally or in writing, to the granting of the permit.\nThe commissioner may grant a permit without complying with subsection (4) if satisfied that extraordinary circumstances exist for so doing.\nIn this section—\noccupier of adjoining land see section 145B (5) .\ns 145C (prev s 65) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2023 No. 11 s 9 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 40 (2)\n(sec.145C-ssec.1) A person may apply to the commissioner for a permit to light a fire on any land.\n(sec.145C-ssec.2) The application— may be made orally or in writing; and must include the information prescribed by regulation.\n(sec.145C-ssec.3) The commissioner may grant or refuse to grant an application.\n(sec.145C-ssec.4) Subject to subsection (5) , the commissioner must refuse to grant a permit to light a fire on any land unless satisfied that— reasonable steps have been taken to notify each occupier of adjoining land of the making of the application; and each occupier of adjoining land notified under paragraph (a) has been given a reasonable opportunity to object, orally or in writing, to the granting of the permit.\n(sec.145C-ssec.5) The commissioner may grant a permit without complying with subsection (4) if satisfied that extraordinary circumstances exist for so doing.\n(sec.145C-ssec.6) In this section— occupier of adjoining land see section 145B (5) .\n- (a) may be made orally or in writing; and\n- (b) must include the information prescribed by regulation.\n- (a) reasonable steps have been taken to notify each occupier of adjoining land of the making of the application; and\n- (b) each occupier of adjoining land notified under paragraph (a) has been given a reasonable opportunity to object, orally or in writing, to the granting of the permit.","sortOrder":158},{"sectionNumber":"sec.145D","sectionType":"section","heading":"Fires in State forests etc.","content":"### sec.145D Fires in State forests etc.\n\nThe provisions of this part do not apply to the lighting of a fire—\nin a protected area by a person acting in the performance of duties under the Nature Conservation Act 1992 ; or\nin a State forest, timber reserve or forest entitlement area by a person acting in the performance of duties under the Forestry Act 1959 .\nThe commissioner must not authorise the lighting of fires—\nin a protected area without the approval of the chief executive of the department that deals with matters arising under the Nature Conservation Act 1992 ; or\nin a State forest (other than a licence area), timber reserve or forest entitlement area without the approval of the chief executive of the department that deals with matters arising under the Forestry Act 1959 .\nFor subsection (1) (b) , a person acting in the performance of duties under the Forestry Act 1959 does not include—\na plantation operator; or\na plantation officer.\ns 145D (prev s 66) amd 1992 No. 15 s 13 sch ; 1992 No. 20 s 159 sch 2 ; 1992 No. 68 s 3 sch 2 ; 1993 No. 32 s 3 sch 1 ; 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2010 No. 12 s 15 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 40 (2)\n(sec.145D-ssec.1) The provisions of this part do not apply to the lighting of a fire— in a protected area by a person acting in the performance of duties under the Nature Conservation Act 1992 ; or in a State forest, timber reserve or forest entitlement area by a person acting in the performance of duties under the Forestry Act 1959 .\n(sec.145D-ssec.2) The commissioner must not authorise the lighting of fires— in a protected area without the approval of the chief executive of the department that deals with matters arising under the Nature Conservation Act 1992 ; or in a State forest (other than a licence area), timber reserve or forest entitlement area without the approval of the chief executive of the department that deals with matters arising under the Forestry Act 1959 .\n(sec.145D-ssec.3) For subsection (1) (b) , a person acting in the performance of duties under the Forestry Act 1959 does not include— a plantation operator; or a plantation officer.\n- (a) in a protected area by a person acting in the performance of duties under the Nature Conservation Act 1992 ; or\n- (b) in a State forest, timber reserve or forest entitlement area by a person acting in the performance of duties under the Forestry Act 1959 .\n- (a) in a protected area without the approval of the chief executive of the department that deals with matters arising under the Nature Conservation Act 1992 ; or\n- (b) in a State forest (other than a licence area), timber reserve or forest entitlement area without the approval of the chief executive of the department that deals with matters arising under the Forestry Act 1959 .\n- (a) a plantation operator; or\n- (b) a plantation officer.","sortOrder":159},{"sectionNumber":"sec.145E","sectionType":"section","heading":"Occupier to extinguish fire","content":"### sec.145E Occupier to extinguish fire\n\nWhere a fire is burning on any land and the lighting of the fire is not authorised by or under this or any other Act, the occupier of the land, immediately upon becoming aware of the fire (regardless of who lit it)—\nmust take all reasonable steps to extinguish or control the fire; and\nmust, as soon as is practicable, report the existence and location of the fire to a fire officer, an officer of a rural fire brigade, a member of an emergency service unit, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959 ), a conservation officer within the meaning of the Nature Conservation Act 1992 or a police officer.\nMaximum penalty—50 penalty units or 6 months imprisonment.\ns 145E (prev s 67) amd 1991 No. 51 s 3 .8; 1992 No. 20 s 159 sch 2 ; 2003 No. 91 s 175 sch 1 ; 2006 No. 49 s 14\nreloc and renum 2024 No. 22 s 40 (2)\n- (a) must take all reasonable steps to extinguish or control the fire; and\n- (b) must, as soon as is practicable, report the existence and location of the fire to a fire officer, an officer of a rural fire brigade, a member of an emergency service unit, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959 ), a conservation officer within the meaning of the Nature Conservation Act 1992 or a police officer.","sortOrder":160},{"sectionNumber":"sec.145F","sectionType":"section","heading":"Powers of occupier of entry etc.","content":"### sec.145F Powers of occupier of entry etc.\n\nSubject to subsections (2) and (3) , an occupier of land, who believes on reasonable grounds that a grass fire (that is, a fire that predominantly consumes vegetation) burning within 1.6km of that land constitutes a fire risk to that land may, together with persons acting at the direction of the occupier—\nenter the land on which the fire is burning and any other land in order to gain access to the land on which the fire is burning; and\ntake on to that land equipment for extinguishing or controlling the fire; and\ntake all reasonable measures to extinguish or control the fire.\nAn occupier of land must not do or direct the doing of any act referred to in subsection (1) if prior notice (oral or written) of the intention to light the fire has been given to the occupier by the person lighting it or by a prescribed person unless the occupier believes on reasonable grounds that the fire has been unlawfully lit or is out of control.\nIf it is practicable to contact a prescribed person, an occupier of land—\nmust not do or direct the doing of any act referred to in subsection (1) unless the prescribed person has been notified of the situation; and\nmust comply with any direction given by the prescribed person in respect of the doing of any act.\nIf the occupier of land, or an employee, agent or contractor of the occupier of land, is also a prescribed person, the references to a prescribed person in subsections (2) and (3) do not include the occupier of land, or an employee, agent or contractor of the occupier of land.\nIn this section—\nprescribed person means a fire officer, an officer of a rural fire brigade, a fire coordinator, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959 ), a conservation officer within the meaning of the Nature Conservation Act 1992 or a police officer.\ns 145F (prev s 68) amd 1991 No. 51 s 3 .9; 1992 No. 20 s 159 sch 2 ; 2003 No. 91 s 175 sch 1 ; 2010 No. 12 s 16\nreloc and renum 2024 No. 22 s 40 (2)\n(sec.145F-ssec.1) Subject to subsections (2) and (3) , an occupier of land, who believes on reasonable grounds that a grass fire (that is, a fire that predominantly consumes vegetation) burning within 1.6km of that land constitutes a fire risk to that land may, together with persons acting at the direction of the occupier— enter the land on which the fire is burning and any other land in order to gain access to the land on which the fire is burning; and take on to that land equipment for extinguishing or controlling the fire; and take all reasonable measures to extinguish or control the fire.\n(sec.145F-ssec.2) An occupier of land must not do or direct the doing of any act referred to in subsection (1) if prior notice (oral or written) of the intention to light the fire has been given to the occupier by the person lighting it or by a prescribed person unless the occupier believes on reasonable grounds that the fire has been unlawfully lit or is out of control.\n(sec.145F-ssec.3) If it is practicable to contact a prescribed person, an occupier of land— must not do or direct the doing of any act referred to in subsection (1) unless the prescribed person has been notified of the situation; and must comply with any direction given by the prescribed person in respect of the doing of any act.\n(sec.145F-ssec.4) If the occupier of land, or an employee, agent or contractor of the occupier of land, is also a prescribed person, the references to a prescribed person in subsections (2) and (3) do not include the occupier of land, or an employee, agent or contractor of the occupier of land.\n(sec.145F-ssec.5) In this section— prescribed person means a fire officer, an officer of a rural fire brigade, a fire coordinator, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959 ), a conservation officer within the meaning of the Nature Conservation Act 1992 or a police officer.\n- (a) enter the land on which the fire is burning and any other land in order to gain access to the land on which the fire is burning; and\n- (b) take on to that land equipment for extinguishing or controlling the fire; and\n- (c) take all reasonable measures to extinguish or control the fire.\n- (a) must not do or direct the doing of any act referred to in subsection (1) unless the prescribed person has been notified of the situation; and\n- (b) must comply with any direction given by the prescribed person in respect of the doing of any act.","sortOrder":161},{"sectionNumber":"sec.145G","sectionType":"section","heading":"Requisition by commissioner to reduce fire risk","content":"### sec.145G Requisition by commissioner to reduce fire risk\n\nThe commissioner may require any occupier of premises to take measures for the purpose of reducing the risk of a fire occurring on the premises or reducing potential danger to persons, property or the environment in the event of a fire occurring on the premises.\nA requisition may be given—\nin a particular case—by giving a notice to the occupier concerned; or\nby notification published in the gazette in which case each occupier of land to whom the notification applies must comply with the requisition.\nA person to whom a requisition is given must comply with the requisition.\nMaximum penalty—50 penalty units or 6 months imprisonment.\nThis provision is an executive liability provision—see section 150J .\nWithout limiting the measures that may be required to be taken, an occupier may be required to do any of the following—\nmake and maintain firebreaks in accordance with any directions contained in the notification or notice;\nremove, dispose of or otherwise deal with any vegetation or other flammable material in accordance with any directions contained in the notification or notice;\nobtain equipment and keep it available for use for fire fighting purposes;\ntake measures to ensure an adequate supply of water or any other substance for fire fighting purposes;\nensure that the means of escape from the premises in the event of fire can be safely and effectively used at all material times;\nsuspend such operations as may be specified for the period specified.\nA notice under subsection (2) (a) must comply with the QCAT Act , section 157 (2) .\nWhere an occupier of premises fails to comply with a notification or notice an authorised fire officer and any assistant may enter the premises and take any of the measures directed by the notification or notice to be taken and any expenses incurred in taking those measures may be recovered by the commissioner in a court of competent jurisdiction from the occupier.\nAn authorised fire officer or an assistant who takes the measure of removing vegetation or other flammable material from premises, may take possession of and retain the material until it is disposed of pursuant to subsection (8) or until the person entitled to possession of it is determined.\nWhere the commissioner is satisfied that anything retained pursuant to subsection (7) is the property of the occupier who failed to comply with the notification or notice the commissioner may sell or otherwise dispose of the material and the proceeds of the disposal may be applied by the commissioner in payment of expenses incurred in consequence of the failure to comply.\nWhere the proceeds of the disposal of any material—\nare insufficient to cover the expenses incurred—the amount of the expenses that may be recovered under subsection (6) must be reduced by the amount of those proceeds;\nexceed the expenses incurred—the proceeds of the disposal must be applied in the following order—\nif there is an amount owing to an entity under a security interest registered against the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nin payment of any balance to the person whose property the commissioner believes the material to have been.\ns 145G (prev s 69) amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 ss 24 , 11 sch 2 ; 2006 No. 49 s 15 ; 2009 No. 24 s 103 ; 2010 No. 44 s 70 ; 2013 No. 51 s 229 sch 1 ; 2014 No. 17 s 184 sch 1 pt 4 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 40 (2)\n(sec.145G-ssec.1) The commissioner may require any occupier of premises to take measures for the purpose of reducing the risk of a fire occurring on the premises or reducing potential danger to persons, property or the environment in the event of a fire occurring on the premises.\n(sec.145G-ssec.2) A requisition may be given— in a particular case—by giving a notice to the occupier concerned; or by notification published in the gazette in which case each occupier of land to whom the notification applies must comply with the requisition.\n(sec.145G-ssec.3) A person to whom a requisition is given must comply with the requisition. Maximum penalty—50 penalty units or 6 months imprisonment. This provision is an executive liability provision—see section 150J .\n(sec.145G-ssec.4) Without limiting the measures that may be required to be taken, an occupier may be required to do any of the following— make and maintain firebreaks in accordance with any directions contained in the notification or notice; remove, dispose of or otherwise deal with any vegetation or other flammable material in accordance with any directions contained in the notification or notice; obtain equipment and keep it available for use for fire fighting purposes; take measures to ensure an adequate supply of water or any other substance for fire fighting purposes; ensure that the means of escape from the premises in the event of fire can be safely and effectively used at all material times; suspend such operations as may be specified for the period specified.\n(sec.145G-ssec.5) A notice under subsection (2) (a) must comply with the QCAT Act , section 157 (2) .\n(sec.145G-ssec.6) Where an occupier of premises fails to comply with a notification or notice an authorised fire officer and any assistant may enter the premises and take any of the measures directed by the notification or notice to be taken and any expenses incurred in taking those measures may be recovered by the commissioner in a court of competent jurisdiction from the occupier.\n(sec.145G-ssec.7) An authorised fire officer or an assistant who takes the measure of removing vegetation or other flammable material from premises, may take possession of and retain the material until it is disposed of pursuant to subsection (8) or until the person entitled to possession of it is determined.\n(sec.145G-ssec.8) Where the commissioner is satisfied that anything retained pursuant to subsection (7) is the property of the occupier who failed to comply with the notification or notice the commissioner may sell or otherwise dispose of the material and the proceeds of the disposal may be applied by the commissioner in payment of expenses incurred in consequence of the failure to comply.\n(sec.145G-ssec.9) Where the proceeds of the disposal of any material— are insufficient to cover the expenses incurred—the amount of the expenses that may be recovered under subsection (6) must be reduced by the amount of those proceeds; exceed the expenses incurred—the proceeds of the disposal must be applied in the following order— if there is an amount owing to an entity under a security interest registered against the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; in payment of any balance to the person whose property the commissioner believes the material to have been.\n- (a) in a particular case—by giving a notice to the occupier concerned; or\n- (b) by notification published in the gazette in which case each occupier of land to whom the notification applies must comply with the requisition.\n- (a) make and maintain firebreaks in accordance with any directions contained in the notification or notice;\n- (b) remove, dispose of or otherwise deal with any vegetation or other flammable material in accordance with any directions contained in the notification or notice;\n- (c) obtain equipment and keep it available for use for fire fighting purposes;\n- (d) take measures to ensure an adequate supply of water or any other substance for fire fighting purposes;\n- (e) ensure that the means of escape from the premises in the event of fire can be safely and effectively used at all material times;\n- (f) suspend such operations as may be specified for the period specified.\n- (a) are insufficient to cover the expenses incurred—the amount of the expenses that may be recovered under subsection (6) must be reduced by the amount of those proceeds;\n- (b) exceed the expenses incurred—the proceeds of the disposal must be applied in the following order— (i) if there is an amount owing to an entity under a security interest registered against the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; (ii) in payment of any balance to the person whose property the commissioner believes the material to have been.\n- (i) if there is an amount owing to an entity under a security interest registered against the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (ii) in payment of any balance to the person whose property the commissioner believes the material to have been.\n- (i) if there is an amount owing to an entity under a security interest registered against the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (ii) in payment of any balance to the person whose property the commissioner believes the material to have been.","sortOrder":162},{"sectionNumber":"sec.145H","sectionType":"section","heading":"Restriction on sale of notified articles","content":"### sec.145H Restriction on sale of notified articles\n\nThe commissioner may, by notification published in the gazette, prohibit or regulate the sale, use or possession of any article or substance that the commissioner believes may constitute a fire risk.\ns 145H (prev s 70) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1)\nreloc and renum 2024 No. 22 s 40 (2)","sortOrder":163},{"sectionNumber":"sec.145I","sectionType":"section","heading":"Notifications, notices and permits","content":"### sec.145I Notifications, notices and permits\n\nAny notification published in the gazette pursuant to this part—\nmay be expressed so as to have effect either generally throughout the State or in part of the State only;\nmay be expressed so as to apply differently in different circumstances;\nmay, where it authorises or requires the doing of any act, specify conditions to be observed in respect of the doing of the act;\nmay be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event;\nmay be amended or revoked at any time by the commissioner by notification published in the gazette.\nAny permit granted or notice given pursuant to this part to a person—\nmay, where it authorises or requires the doing of any act, specify conditions to be observed in respect of the doing of the act;\nmay be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event;\nmay, by the commissioner giving a notice to the person—\nfor a permit—be amended, suspended or revoked at any time; or\nfor a notice—be amended or revoked at any time.\ns 145I (prev s 71) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2023 No. 7 s 20 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 40 (2)\n(sec.145I-ssec.1) Any notification published in the gazette pursuant to this part— may be expressed so as to have effect either generally throughout the State or in part of the State only; may be expressed so as to apply differently in different circumstances; may, where it authorises or requires the doing of any act, specify conditions to be observed in respect of the doing of the act; may be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event; may be amended or revoked at any time by the commissioner by notification published in the gazette.\n(sec.145I-ssec.2) Any permit granted or notice given pursuant to this part to a person— may, where it authorises or requires the doing of any act, specify conditions to be observed in respect of the doing of the act; may be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event; may, by the commissioner giving a notice to the person— for a permit—be amended, suspended or revoked at any time; or for a notice—be amended or revoked at any time.\n- (a) may be expressed so as to have effect either generally throughout the State or in part of the State only;\n- (b) may be expressed so as to apply differently in different circumstances;\n- (c) may, where it authorises or requires the doing of any act, specify conditions to be observed in respect of the doing of the act;\n- (d) may be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event;\n- (e) may be amended or revoked at any time by the commissioner by notification published in the gazette.\n- (a) may, where it authorises or requires the doing of any act, specify conditions to be observed in respect of the doing of the act;\n- (b) may be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event;\n- (c) may, by the commissioner giving a notice to the person— (i) for a permit—be amended, suspended or revoked at any time; or (ii) for a notice—be amended or revoked at any time.\n- (i) for a permit—be amended, suspended or revoked at any time; or\n- (ii) for a notice—be amended or revoked at any time.\n- (i) for a permit—be amended, suspended or revoked at any time; or\n- (ii) for a notice—be amended or revoked at any time.","sortOrder":164},{"sectionNumber":"sec.145J","sectionType":"section","heading":"Offences re lighting fires","content":"### sec.145J Offences re lighting fires\n\nA person commits an offence against this Act if the person does or, as the case may be, fails to do any of the following acts—\nfails to comply with any condition or direction contained in a notification, notice or permit given under this part in respect of the lighting of any fire;\nleaves unattended or fails to take reasonable measures to extinguish a fire in such circumstances as to cause or be likely to cause danger from fire to any person or property or to the environment;\nnot acting in accordance with a notification, notice or permit given under this part, discards, propels or places any burning article or substance (or anything otherwise capable of causing fire)—\nthereby causing a fire that endangers or is likely to endanger any person or property or the environment; or\nin such circumstances as to be likely to cause a fire that would be likely to endanger any person or property or the environment;\nwilfully and unlawfully destroys, damages, removes, covers or otherwise interferes with a notice relating to the lighting of fires displayed by the commissioner or by a rural fire brigade for the purposes of this Act;\nknowingly provides any false or misleading information in respect of an application for a permit under section 145C ;\nwithout the consent of the commissioner, alters any particular shown in a permit granted under section 145C .\nMaximum penalty—\nif the offence is committed during a state of fire emergency at a place to which the declaration of emergency applies—250 penalty units or 1 year’s imprisonment; or\notherwise—50 penalty units or 6 months imprisonment.\nIn subsection (1) —\nproperty does not include property of the person alleged to have committed the offence in question.\ns 145J (prev s 72) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2006 No. 49 s 16 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 40 (2)\n(sec.145J-ssec.1) A person commits an offence against this Act if the person does or, as the case may be, fails to do any of the following acts— fails to comply with any condition or direction contained in a notification, notice or permit given under this part in respect of the lighting of any fire; leaves unattended or fails to take reasonable measures to extinguish a fire in such circumstances as to cause or be likely to cause danger from fire to any person or property or to the environment; not acting in accordance with a notification, notice or permit given under this part, discards, propels or places any burning article or substance (or anything otherwise capable of causing fire)— thereby causing a fire that endangers or is likely to endanger any person or property or the environment; or in such circumstances as to be likely to cause a fire that would be likely to endanger any person or property or the environment; wilfully and unlawfully destroys, damages, removes, covers or otherwise interferes with a notice relating to the lighting of fires displayed by the commissioner or by a rural fire brigade for the purposes of this Act; knowingly provides any false or misleading information in respect of an application for a permit under section 145C ; without the consent of the commissioner, alters any particular shown in a permit granted under section 145C . Maximum penalty— if the offence is committed during a state of fire emergency at a place to which the declaration of emergency applies—250 penalty units or 1 year’s imprisonment; or otherwise—50 penalty units or 6 months imprisonment.\n(sec.145J-ssec.2) In subsection (1) — property does not include property of the person alleged to have committed the offence in question.\n- (a) fails to comply with any condition or direction contained in a notification, notice or permit given under this part in respect of the lighting of any fire;\n- (b) leaves unattended or fails to take reasonable measures to extinguish a fire in such circumstances as to cause or be likely to cause danger from fire to any person or property or to the environment;\n- (c) not acting in accordance with a notification, notice or permit given under this part, discards, propels or places any burning article or substance (or anything otherwise capable of causing fire)— (i) thereby causing a fire that endangers or is likely to endanger any person or property or the environment; or (ii) in such circumstances as to be likely to cause a fire that would be likely to endanger any person or property or the environment;\n- (i) thereby causing a fire that endangers or is likely to endanger any person or property or the environment; or\n- (ii) in such circumstances as to be likely to cause a fire that would be likely to endanger any person or property or the environment;\n- (d) wilfully and unlawfully destroys, damages, removes, covers or otherwise interferes with a notice relating to the lighting of fires displayed by the commissioner or by a rural fire brigade for the purposes of this Act;\n- (e) knowingly provides any false or misleading information in respect of an application for a permit under section 145C ;\n- (f) without the consent of the commissioner, alters any particular shown in a permit granted under section 145C .\n- (i) thereby causing a fire that endangers or is likely to endanger any person or property or the environment; or\n- (ii) in such circumstances as to be likely to cause a fire that would be likely to endanger any person or property or the environment;\n- (a) if the offence is committed during a state of fire emergency at a place to which the declaration of emergency applies—250 penalty units or 1 year’s imprisonment; or\n- (b) otherwise—50 penalty units or 6 months imprisonment.","sortOrder":165},{"sectionNumber":"sec.145K","sectionType":"section","heading":"Liability of person for fire lit by agent or employee","content":"### sec.145K Liability of person for fire lit by agent or employee\n\nNotwithstanding the Criminal Code , sections 7 and 23 where any person commits an offence against this part in respect of the lighting of a fire as an agent or employee, the principal or employer of that person is taken to have committed the offence and may be prosecuted and punished for the offence unless it is proved that the agent or employee was acting contrary to instructions and that the principal or employer could not have prevented the commission of the offence by exercising reasonable supervision.\nSubsection (1) applies without prejudicing any liability imposed under this part upon the person by whom an offence is actually committed.\ns 145K (prev s 73) amd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 40 (2)\n(sec.145K-ssec.1) Notwithstanding the Criminal Code , sections 7 and 23 where any person commits an offence against this part in respect of the lighting of a fire as an agent or employee, the principal or employer of that person is taken to have committed the offence and may be prosecuted and punished for the offence unless it is proved that the agent or employee was acting contrary to instructions and that the principal or employer could not have prevented the commission of the offence by exercising reasonable supervision.\n(sec.145K-ssec.2) Subsection (1) applies without prejudicing any liability imposed under this part upon the person by whom an offence is actually committed.","sortOrder":166},{"sectionNumber":"sec.145L","sectionType":"section","heading":"Liability for damage caused by certain fires","content":"### sec.145L Liability for damage caused by certain fires\n\nA person who lights a fire—\nauthorised to be lit by notification given under section 145A or by a permit granted under section 145C ; or\nin order to comply with a notification or notice given under section 145G ;\nand who, in lighting the fire, complies with any condition or direction contained in the notification, notice or permit and does not contravene any provision of this Act does not incur any liability at common law for any loss, injury or damage caused by the fire unless it is shown that the person acted recklessly or maliciously caused the loss, injury or damage.\nSubsection (1) applies only in respect of a fire lit for the purpose of or likely to have the effect of burning off vegetation.\ns 145L (prev s 74) amd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 40 (2)\n(sec.145L-ssec.1) A person who lights a fire— authorised to be lit by notification given under section 145A or by a permit granted under section 145C ; or in order to comply with a notification or notice given under section 145G ; and who, in lighting the fire, complies with any condition or direction contained in the notification, notice or permit and does not contravene any provision of this Act does not incur any liability at common law for any loss, injury or damage caused by the fire unless it is shown that the person acted recklessly or maliciously caused the loss, injury or damage.\n(sec.145L-ssec.2) Subsection (1) applies only in respect of a fire lit for the purpose of or likely to have the effect of burning off vegetation.\n- (a) authorised to be lit by notification given under section 145A or by a permit granted under section 145C ; or\n- (b) in order to comply with a notification or notice given under section 145G ;","sortOrder":167},{"sectionNumber":"ch.4A-pt.2","sectionType":"part","heading":"Fire emergency","content":"# Fire emergency","sortOrder":168},{"sectionNumber":"ch.4A-pt.2-div.1","sectionType":"division","heading":"Local fire bans","content":"## Local fire bans","sortOrder":169},{"sectionNumber":"sec.145M","sectionType":"section","heading":"Imposing local fire ban","content":"### sec.145M Imposing local fire ban\n\nIf the commissioner considers a fire emergency exists in a local government’s area, the commissioner may, by notice published under section 145N , impose a ban on the lighting of fires (a local fire ban ) in the area.\nA local fire ban—\nmust not be imposed for a period of more than 14 days; and\nmay—\nbe imposed for an entire local government area or part of a local government area; and\nprohibit the lighting of all, or only particular, types of fires.\nThe area to which a local fire ban applies is called the fire ban area .\ns 145M (prev s 86A) ins 1995 No. 55 s 15\namd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2023 No. 7 s 7 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 52 (2)\n(sec.145M-ssec.1) If the commissioner considers a fire emergency exists in a local government’s area, the commissioner may, by notice published under section 145N , impose a ban on the lighting of fires (a local fire ban ) in the area.\n(sec.145M-ssec.2) A local fire ban— must not be imposed for a period of more than 14 days; and may— be imposed for an entire local government area or part of a local government area; and prohibit the lighting of all, or only particular, types of fires.\n(sec.145M-ssec.3) The area to which a local fire ban applies is called the fire ban area .\n- (a) must not be imposed for a period of more than 14 days; and\n- (b) may— (i) be imposed for an entire local government area or part of a local government area; and (ii) prohibit the lighting of all, or only particular, types of fires.\n- (i) be imposed for an entire local government area or part of a local government area; and\n- (ii) prohibit the lighting of all, or only particular, types of fires.\n- (i) be imposed for an entire local government area or part of a local government area; and\n- (ii) prohibit the lighting of all, or only particular, types of fires.","sortOrder":170},{"sectionNumber":"sec.145N","sectionType":"section","heading":"Notifying local fire ban","content":"### sec.145N Notifying local fire ban\n\nNotice of the imposition of a local fire ban must be published on the department’s website ( normal publication ).\nHowever, if notice of the imposition of a local fire ban can not for technical or other reasons be conveniently published by normal publication, notice of the imposition may be published ( alternative publication )—\nin another way decided by the commissioner; and\nby normal publication as soon as practicable.\nNotice of the imposition of a local fire ban must—\nstate the local government area to which the ban applies; and\nif appropriate, describe the part of the local government area to which the ban applies; and\nstate the types of fires the lighting of which are prohibited under the ban; and\nstate the period of the ban.\nAs well as publishing notice of the imposition of a local fire ban by normal publication or alternative publication, the commissioner may cause the imposition of the ban to be publicised in any other way the commissioner considers appropriate.\nThis section applies despite the Financial Accountability Act 2009 , section 88F .\ns 145N (prev s 86B) ins 1995 No. 55 s 15\namd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1)\nsub 2023 No. 7 s 8\nreloc and renum 2024 No. 22 s 52 (2)\n(sec.145N-ssec.1) Notice of the imposition of a local fire ban must be published on the department’s website ( normal publication ).\n(sec.145N-ssec.2) However, if notice of the imposition of a local fire ban can not for technical or other reasons be conveniently published by normal publication, notice of the imposition may be published ( alternative publication )— in another way decided by the commissioner; and by normal publication as soon as practicable.\n(sec.145N-ssec.3) Notice of the imposition of a local fire ban must— state the local government area to which the ban applies; and if appropriate, describe the part of the local government area to which the ban applies; and state the types of fires the lighting of which are prohibited under the ban; and state the period of the ban.\n(sec.145N-ssec.4) As well as publishing notice of the imposition of a local fire ban by normal publication or alternative publication, the commissioner may cause the imposition of the ban to be publicised in any other way the commissioner considers appropriate.\n(sec.145N-ssec.5) This section applies despite the Financial Accountability Act 2009 , section 88F .\n- (a) in another way decided by the commissioner; and\n- (b) by normal publication as soon as practicable.\n- (a) state the local government area to which the ban applies; and\n- (b) if appropriate, describe the part of the local government area to which the ban applies; and\n- (c) state the types of fires the lighting of which are prohibited under the ban; and\n- (d) state the period of the ban.","sortOrder":171},{"sectionNumber":"sec.145O","sectionType":"section","heading":"Cancelling local fire ban","content":"### sec.145O Cancelling local fire ban\n\nIf, while a local fire ban is in force, the commissioner considers the fire emergency for which the ban was imposed has ceased to exist, the commissioner must, by notice published under this section, cancel the ban.\nNotice of the cancellation of a local fire ban must be published on the department’s website ( normal publication ).\nHowever, if notice of the cancellation of a local fire ban can not for technical or other reasons be conveniently published by normal publication, notice of the cancellation may be published ( alternative publication )—\nin another way decided by the commissioner; and\nby normal publication as soon as practicable.\nAs well as publishing notice of the cancellation of a local fire ban by normal publication or alternative publication, the commissioner may cause the cancellation of the ban to be publicised in any other way the commissioner considers appropriate.\nThis section applies despite the Financial Accountability Act 2009 , section 88F .\ns 145O (prev s 86C) ins 1995 No. 55 s 15\namd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2023 No. 7 s 9\nreloc and renum 2024 No. 22 s 52 (2)\n(sec.145O-ssec.1) If, while a local fire ban is in force, the commissioner considers the fire emergency for which the ban was imposed has ceased to exist, the commissioner must, by notice published under this section, cancel the ban.\n(sec.145O-ssec.2) Notice of the cancellation of a local fire ban must be published on the department’s website ( normal publication ).\n(sec.145O-ssec.3) However, if notice of the cancellation of a local fire ban can not for technical or other reasons be conveniently published by normal publication, notice of the cancellation may be published ( alternative publication )— in another way decided by the commissioner; and by normal publication as soon as practicable.\n(sec.145O-ssec.4) As well as publishing notice of the cancellation of a local fire ban by normal publication or alternative publication, the commissioner may cause the cancellation of the ban to be publicised in any other way the commissioner considers appropriate.\n(sec.145O-ssec.5) This section applies despite the Financial Accountability Act 2009 , section 88F .\n- (a) in another way decided by the commissioner; and\n- (b) by normal publication as soon as practicable.","sortOrder":172},{"sectionNumber":"sec.145P","sectionType":"section","heading":"Period of local fire ban","content":"### sec.145P Period of local fire ban\n\nA local fire ban takes effect on the day and at the time stated in the notice published under section 145N for imposing the ban.\nThe cancellation of a local fire ban takes effect on the day and at the time stated in the notice published under section 145O for cancelling the ban.\nFor subsections (1) and (2) , the day and time stated in the notice must not be before the day and time the notice is published.\nA local fire ban remains in force until the earlier of the following happens—\nthe period of the ban stated in the notice published for the ban ends;\nthe ban is cancelled.\ns 145P (prev s 86D) ins 1995 No. 55 s 15\nsub 2023 No. 7 s 10\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 52 (2)\n(sec.145P-ssec.1) A local fire ban takes effect on the day and at the time stated in the notice published under section 145N for imposing the ban.\n(sec.145P-ssec.2) The cancellation of a local fire ban takes effect on the day and at the time stated in the notice published under section 145O for cancelling the ban.\n(sec.145P-ssec.3) For subsections (1) and (2) , the day and time stated in the notice must not be before the day and time the notice is published.\n(sec.145P-ssec.4) A local fire ban remains in force until the earlier of the following happens— the period of the ban stated in the notice published for the ban ends; the ban is cancelled.\n- (a) the period of the ban stated in the notice published for the ban ends;\n- (b) the ban is cancelled.","sortOrder":173},{"sectionNumber":"sec.145Q","sectionType":"section","heading":"Effect of local fire ban on other authorisations to light fires","content":"### sec.145Q Effect of local fire ban on other authorisations to light fires\n\nWhile a local fire ban remains in force, any authority given under this or another Act to light a fire in the fire ban area ceases to have effect, to the extent to which the authority applies to fires the lighting of which is prohibited under the ban.\ns 145Q (prev s 86E) ins 1995 No. 55 s 15\nreloc and renum 2024 No. 22 s 52 (2)","sortOrder":174},{"sectionNumber":"sec.145R","sectionType":"section","heading":"Contravening local fire ban","content":"### sec.145R Contravening local fire ban\n\nWhile a local fire ban is in force, a person must not light a fire in the fire ban area if the lighting of the fire is prohibited under the ban.\nMaximum penalty—50 penalty units or 6 months imprisonment.\ns 145R (prev s 86F) ins 1995 No. 55 s 15\nreloc and renum 2024 No. 22 s 52 (2)","sortOrder":175},{"sectionNumber":"sec.145S","sectionType":"section","heading":"Evidentiary aid about local fire ban","content":"### sec.145S Evidentiary aid about local fire ban\n\nIn a proceeding for an offence against section 145R , a certificate purporting to be signed by the commissioner stating the following matters is evidence of the matters—\non a stated day, or during a stated period, a local fire ban was in force at a stated place;\nthe types of fire the lighting of which was prohibited under the ban.\ns 145S (prev s 86G) ins 1995 No. 55 s 15\namd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 52 (2)\n- (a) on a stated day, or during a stated period, a local fire ban was in force at a stated place;\n- (b) the types of fire the lighting of which was prohibited under the ban.","sortOrder":176},{"sectionNumber":"ch.4A-pt.2-div.2","sectionType":"division","heading":"Declarations of state of fire emergency","content":"## Declarations of state of fire emergency","sortOrder":177},{"sectionNumber":"sec.145T","sectionType":"section","heading":"Declaration of state of fire emergency","content":"### sec.145T Declaration of state of fire emergency\n\nThe commissioner may, with the approval of the Minister, declare that a state of fire emergency exists within Queensland.\nA declaration of a state of fire emergency—\nmay have effect throughout the State or in part of the State, as specified in the declaration;\nmay apply differently according to factors specified in the declaration;\nmay, if it does not prohibit the lighting of all types of fires, prescribe conditions to be observed in lighting fires of any type not prohibited;\nmay order that the lighting of any fire of a type not prohibited be subject to the granting of a permit under section 145C by the commissioner or by a person belonging to a class of person specified in the declaration;\nmay order that any person finding a fire burning in the open air take all possible steps to extinguish it and, as soon as is practicable, report the existence and locality of the fire to any person belonging to a class of person specified in the declaration;\nmay prohibit the use of any appliance, material or substance specified in the declaration that, in the opinion of the commissioner, is or is likely to cause a fire risk;\nmay order the suspension of such operations as may be specified for the period specified;\nmay, with the approval of the Minister, be amended or revoked at any time.\ns 145T (prev s 87) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 52 (2)\n(sec.145T-ssec.1) The commissioner may, with the approval of the Minister, declare that a state of fire emergency exists within Queensland.\n(sec.145T-ssec.2) A declaration of a state of fire emergency— may have effect throughout the State or in part of the State, as specified in the declaration; may apply differently according to factors specified in the declaration; may, if it does not prohibit the lighting of all types of fires, prescribe conditions to be observed in lighting fires of any type not prohibited; may order that the lighting of any fire of a type not prohibited be subject to the granting of a permit under section 145C by the commissioner or by a person belonging to a class of person specified in the declaration; may order that any person finding a fire burning in the open air take all possible steps to extinguish it and, as soon as is practicable, report the existence and locality of the fire to any person belonging to a class of person specified in the declaration; may prohibit the use of any appliance, material or substance specified in the declaration that, in the opinion of the commissioner, is or is likely to cause a fire risk; may order the suspension of such operations as may be specified for the period specified; may, with the approval of the Minister, be amended or revoked at any time.\n- (a) may have effect throughout the State or in part of the State, as specified in the declaration;\n- (b) may apply differently according to factors specified in the declaration;\n- (c) may, if it does not prohibit the lighting of all types of fires, prescribe conditions to be observed in lighting fires of any type not prohibited;\n- (d) may order that the lighting of any fire of a type not prohibited be subject to the granting of a permit under section 145C by the commissioner or by a person belonging to a class of person specified in the declaration;\n- (e) may order that any person finding a fire burning in the open air take all possible steps to extinguish it and, as soon as is practicable, report the existence and locality of the fire to any person belonging to a class of person specified in the declaration;\n- (f) may prohibit the use of any appliance, material or substance specified in the declaration that, in the opinion of the commissioner, is or is likely to cause a fire risk;\n- (g) may order the suspension of such operations as may be specified for the period specified;\n- (h) may, with the approval of the Minister, be amended or revoked at any time.","sortOrder":178},{"sectionNumber":"sec.145U","sectionType":"section","heading":"Notification of declaration","content":"### sec.145U Notification of declaration\n\nEvery declaration of a state of fire emergency or amendment or revocation of a declaration—\nmust be notified in the gazette; and\nmay, in addition to the notification under paragraph (a) , be notified in the following ways—\non the department’s website;\nby radio or television in the area to which it applies.\nA declaration of a state of fire emergency or an amendment or revocation of a declaration takes effect from—\nthe date on which it is notified in the gazette; or\nif it is sooner notified under subsection (1) (b) —the date on which it is notified under subsection (1) (b) .\nTo ensure public knowledge of a declaration of a state of fire emergency or an amendment or revocation of a declaration in the area to which it applies, the commissioner must take measures to give widespread publicity of the declaration or the amendment or revocation of the declaration.\nHowever, any alleged failure to take measures under subsection (3) in relation to a declaration of a state of fire emergency or an amendment of a declaration is not an excuse for failure to comply with the declaration.\nThis section applies despite the Financial Accountability Act 2009 , section 88F .\ns 145U (prev s 88) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2023 No. 7 s 11\nreloc and renum 2024 No. 22 s 52 (2)\n(sec.145U-ssec.1) Every declaration of a state of fire emergency or amendment or revocation of a declaration— must be notified in the gazette; and may, in addition to the notification under paragraph (a) , be notified in the following ways— on the department’s website; by radio or television in the area to which it applies.\n(sec.145U-ssec.2) A declaration of a state of fire emergency or an amendment or revocation of a declaration takes effect from— the date on which it is notified in the gazette; or if it is sooner notified under subsection (1) (b) —the date on which it is notified under subsection (1) (b) .\n(sec.145U-ssec.3) To ensure public knowledge of a declaration of a state of fire emergency or an amendment or revocation of a declaration in the area to which it applies, the commissioner must take measures to give widespread publicity of the declaration or the amendment or revocation of the declaration.\n(sec.145U-ssec.4) However, any alleged failure to take measures under subsection (3) in relation to a declaration of a state of fire emergency or an amendment of a declaration is not an excuse for failure to comply with the declaration.\n(sec.145U-ssec.5) This section applies despite the Financial Accountability Act 2009 , section 88F .\n- (a) must be notified in the gazette; and\n- (b) may, in addition to the notification under paragraph (a) , be notified in the following ways— (i) on the department’s website; (ii) by radio or television in the area to which it applies.\n- (i) on the department’s website;\n- (ii) by radio or television in the area to which it applies.\n- (i) on the department’s website;\n- (ii) by radio or television in the area to which it applies.\n- (a) the date on which it is notified in the gazette; or\n- (b) if it is sooner notified under subsection (1) (b) —the date on which it is notified under subsection (1) (b) .","sortOrder":179},{"sectionNumber":"sec.145V","sectionType":"section","heading":"Period of state of fire emergency","content":"### sec.145V Period of state of fire emergency\n\nA state of fire emergency declared by the commissioner remains in force—\nwhere a period for which it is to remain in force is specified in the declaration, until that period expires unless the declaration is sooner amended by extending that period or revoked; or\nwhere no period is specified, until the declaration is revoked.\ns 145V (prev s 89) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1)\nreloc and renum 2024 No. 22 s 52 (2)\n- (a) where a period for which it is to remain in force is specified in the declaration, until that period expires unless the declaration is sooner amended by extending that period or revoked; or\n- (b) where no period is specified, until the declaration is revoked.","sortOrder":180},{"sectionNumber":"sec.145W","sectionType":"section","heading":"Effect of emergency on existing authorities to light fires","content":"### sec.145W Effect of emergency on existing authorities to light fires\n\nUpon the declaration of a state of fire emergency, any authority given under this or any other Act to light a fire, whether given before or during the state of emergency, ceases to have effect while the state of emergency remains in force.\nSubsection (1) applies subject to any authority to light a fire specified in the declaration or any permit granted after the commencement of the state of emergency in accordance with the declaration.\ns 145W (prev s 90) reloc and renum 2024 No. 22 s 52 (2)\n(sec.145W-ssec.1) Upon the declaration of a state of fire emergency, any authority given under this or any other Act to light a fire, whether given before or during the state of emergency, ceases to have effect while the state of emergency remains in force.\n(sec.145W-ssec.2) Subsection (1) applies subject to any authority to light a fire specified in the declaration or any permit granted after the commencement of the state of emergency in accordance with the declaration.","sortOrder":181},{"sectionNumber":"sec.145X","sectionType":"section","heading":"Commissioner’s power during fire emergency","content":"### sec.145X Commissioner’s power during fire emergency\n\nWhile a state of fire emergency remains in force, the commissioner may take any reasonable measure to abate the fire emergency.\nWithout limiting those measures, they include requisitioning any premises, plant, equipment, materials or substance for fire fighting or fire prevention.\ns 145X (prev s 91) amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 s 24 (1) , (4)\nreloc and renum 2024 No. 22 s 52 (2)\n(sec.145X-ssec.1) While a state of fire emergency remains in force, the commissioner may take any reasonable measure to abate the fire emergency.\n(sec.145X-ssec.2) Without limiting those measures, they include requisitioning any premises, plant, equipment, materials or substance for fire fighting or fire prevention.","sortOrder":182},{"sectionNumber":"sec.145Y","sectionType":"section","heading":"Failure to comply with declaration","content":"### sec.145Y Failure to comply with declaration\n\nAny person who fails to comply with a declaration of a state of fire emergency or with any requisition made under section 145X (2) commits an offence against this Act.\nMaximum penalty—250 penalty units or 2 years imprisonment.\ns 145Y (prev s 92) amd 1995 No. 55 s 16 ; 2023 No. 7 s 68 s ch 1 pt 1 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 52 (2)","sortOrder":183},{"sectionNumber":"sec.145Z","sectionType":"section","heading":"Certificate about declaration","content":"### sec.145Z Certificate about declaration\n\nIn any proceeding for—\nan offence defined in section 145Y ; or\nany other offence against this Act where it is alleged as a circumstance of aggravation that the offence was committed during a state of fire emergency at a place to which the declaration of the emergency applied;\nany certificate signed by the commissioner stating that a state of fire emergency declared under section 145T existed at a specified place and during a specified period and specifying any of the provisions of the declaration is evidence of the matters contained in the certificate.\ns 145Z (prev s 93) amd 1995 No. 55 s 17 ; 1996 No. 42 s 3 sch 3 ; 2001 No. 76 s 24 (1) ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 52 (2)\n- (a) an offence defined in section 145Y ; or\n- (b) any other offence against this Act where it is alleged as a circumstance of aggravation that the offence was committed during a state of fire emergency at a place to which the declaration of the emergency applied;","sortOrder":184},{"sectionNumber":"ch.4A-pt.3","sectionType":"part","heading":"Off-site plans for dangerous goods","content":"# Off-site plans for dangerous goods","sortOrder":185},{"sectionNumber":"sec.146","sectionType":"section","heading":"Application of part","content":"### sec.146 Application of part\n\nThis part does not apply in respect of—\npersons or substances in or about a mine to which the Mining and Quarrying Safety and Health Act 1999 applies;\npersons or substances in or about a mine to which the Coal Mining Safety and Health Act 1999 applies;\npersons or substances in or about a well to which any of the following Acts apply—\nPetroleum Act 1923\nPetroleum and Gas (Production and Safety) Act 2004\nGeothermal Energy Act 2010\nGreenhouse Gas Storage Act 2009 .\nThis part does not derogate from the provisions of the Radiation Safety Act 1999 , the Transport Operations (Marine Safety) Act 1994 or the Work Health and Safety Act 2011 and where there is any conflict between the provisions of this and the provisions of those Acts, the provisions of those Acts prevail, to the extent of the inconsistency.\ns 146 prev s 146 sub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 146 (prev s 95) amd 1999 No. 20 s 233 (amd 2000 No. 46 s 3 sch ); 1999 No. 39 s 299 sch 1 ; 1999 No. 40 s 274 sch 1 ; 2004 No. 25 s 901 ; 2009 No. 3 s 474 ; 2011 No. 18 s 404 sch 4 pt 1 ; 2010 No. 31 s 585 sch 2 pt 4\nreloc and renum 2024 No. 22 s 53 (2)\n(sec.146-ssec.1) This part does not apply in respect of— persons or substances in or about a mine to which the Mining and Quarrying Safety and Health Act 1999 applies; persons or substances in or about a mine to which the Coal Mining Safety and Health Act 1999 applies; persons or substances in or about a well to which any of the following Acts apply— Petroleum Act 1923 Petroleum and Gas (Production and Safety) Act 2004 Geothermal Energy Act 2010 Greenhouse Gas Storage Act 2009 .\n(sec.146-ssec.2) This part does not derogate from the provisions of the Radiation Safety Act 1999 , the Transport Operations (Marine Safety) Act 1994 or the Work Health and Safety Act 2011 and where there is any conflict between the provisions of this and the provisions of those Acts, the provisions of those Acts prevail, to the extent of the inconsistency.\n- (a) persons or substances in or about a mine to which the Mining and Quarrying Safety and Health Act 1999 applies;\n- (b) persons or substances in or about a mine to which the Coal Mining Safety and Health Act 1999 applies;\n- (c) persons or substances in or about a well to which any of the following Acts apply— • Petroleum Act 1923 • Petroleum and Gas (Production and Safety) Act 2004 • Geothermal Energy Act 2010 • Greenhouse Gas Storage Act 2009 .\n- • Petroleum Act 1923\n- • Petroleum and Gas (Production and Safety) Act 2004\n- • Geothermal Energy Act 2010\n- • Greenhouse Gas Storage Act 2009 .\n- • Petroleum Act 1923\n- • Petroleum and Gas (Production and Safety) Act 2004\n- • Geothermal Energy Act 2010\n- • Greenhouse Gas Storage Act 2009 .","sortOrder":186},{"sectionNumber":"sec.146A","sectionType":"section","heading":"Occupier to provide information concerning dangerous goods","content":"### sec.146A Occupier to provide information concerning dangerous goods\n\nWhere a person—\nis an occupier of premises in or on which any dangerous goods are stored; or\nis to be the occupier of premises presently under construction, in or on which any dangerous goods are to be stored;\nthe commissioner may give a notice requiring the person to provide such information concerning the dangerous goods as is specified in the notice.\nA person to whom a notice is given must provide the information sought within the time specified in the notice.\ns 146A prev s 146A ins 2008 No. 64 s 21\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 146A (prev s 96) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1)\nreloc and renum 2024 No. 22 s 53 (2)\n(sec.146A-ssec.1) Where a person— is an occupier of premises in or on which any dangerous goods are stored; or is to be the occupier of premises presently under construction, in or on which any dangerous goods are to be stored; the commissioner may give a notice requiring the person to provide such information concerning the dangerous goods as is specified in the notice.\n(sec.146A-ssec.2) A person to whom a notice is given must provide the information sought within the time specified in the notice.\n- (a) is an occupier of premises in or on which any dangerous goods are stored; or\n- (b) is to be the occupier of premises presently under construction, in or on which any dangerous goods are to be stored;","sortOrder":187},{"sectionNumber":"sec.146B","sectionType":"section","heading":"Off-site emergency plans","content":"### sec.146B Off-site emergency plans\n\nIn any case in which the commissioner has power to give a person a notice requiring information concerning any dangerous goods, the commissioner may by notice in writing require the person, within the time specified in the notice, to prepare and lodge with the commissioner a plan relating to those dangerous goods (an off-site emergency plan ).\nA notice may be given to a person under subsection (1) whether or not a notice has been given under section 146A or, where a notice has been given under that section, whether or not the person has complied with the notice.\nA person required by notice given under subsection (1) to prepare and lodge an off-site emergency plan is referred to in this part as the person responsible for the plan .\nAn off-site emergency plan must provide for measures to be taken in preparation for a hazardous materials emergency or upon a hazardous materials emergency occurring so that danger that may thereby arise to any person who or property that is outside the premises to which the plan relates or to the environment is avoided or limited.\ns 146B (prev s 97) amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2002 No. 60 s 19 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 53 (2)\n(sec.146B-ssec.1) In any case in which the commissioner has power to give a person a notice requiring information concerning any dangerous goods, the commissioner may by notice in writing require the person, within the time specified in the notice, to prepare and lodge with the commissioner a plan relating to those dangerous goods (an off-site emergency plan ).\n(sec.146B-ssec.2) A notice may be given to a person under subsection (1) whether or not a notice has been given under section 146A or, where a notice has been given under that section, whether or not the person has complied with the notice.\n(sec.146B-ssec.3) A person required by notice given under subsection (1) to prepare and lodge an off-site emergency plan is referred to in this part as the person responsible for the plan .\n(sec.146B-ssec.4) An off-site emergency plan must provide for measures to be taken in preparation for a hazardous materials emergency or upon a hazardous materials emergency occurring so that danger that may thereby arise to any person who or property that is outside the premises to which the plan relates or to the environment is avoided or limited.","sortOrder":188},{"sectionNumber":"sec.146C","sectionType":"section","heading":"Assistance with plans","content":"### sec.146C Assistance with plans\n\nThe commissioner must provide an advisory service and, to the extent practicable, assist in the preparation and implementation of off-site emergency plans.\nA person responsible for a plan is liable to pay to the commissioner charges for any advice or other assistance provided.\ns 146C (prev s 98) amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 ss 24 (1) , 11 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4\nreloc and renum 2024 No. 22 s 53 (2)\n(sec.146C-ssec.1) The commissioner must provide an advisory service and, to the extent practicable, assist in the preparation and implementation of off-site emergency plans.\n(sec.146C-ssec.2) A person responsible for a plan is liable to pay to the commissioner charges for any advice or other assistance provided.","sortOrder":189},{"sectionNumber":"sec.146D","sectionType":"section","heading":"Approval of plans","content":"### sec.146D Approval of plans\n\nWhere an emergency plan is lodged, the commissioner—\nmay approve or refuse to approve the plan;\nmay, if approving the plan, subject approval to conditions;\nmust, if rejecting the plan, give the person responsible for the plan notice in writing specifying the manner in which the plan is deficient and requiring that a new or amended plan be lodged within the time specified in the notice.\ns 146D (prev s 99) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1)\nreloc and renum 2024 No. 22 s 53 (2)\n- (a) may approve or refuse to approve the plan;\n- (b) may, if approving the plan, subject approval to conditions;\n- (c) must, if rejecting the plan, give the person responsible for the plan notice in writing specifying the manner in which the plan is deficient and requiring that a new or amended plan be lodged within the time specified in the notice.","sortOrder":190},{"sectionNumber":"sec.146E","sectionType":"section","heading":"Amendment of plan","content":"### sec.146E Amendment of plan\n\nAn off-site emergency plan may be amended with the approval of the commissioner.\nThe commissioner may give a notice to a person responsible for an off-site emergency plan requiring that the plan be amended and lodged with the commissioner for approval.\ns 146E (prev s 100) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1)\nreloc and renum 2024 No. 22 s 53 (2)\n(sec.146E-ssec.1) An off-site emergency plan may be amended with the approval of the commissioner.\n(sec.146E-ssec.2) The commissioner may give a notice to a person responsible for an off-site emergency plan requiring that the plan be amended and lodged with the commissioner for approval.","sortOrder":191},{"sectionNumber":"sec.146F","sectionType":"section","heading":"Duty to implement plan","content":"### sec.146F Duty to implement plan\n\nWhere an off-site emergency plan has been approved by the commissioner, the person responsible for the plan must ensure that all measures provided for in the plan (and in any amendment approved to the plan) are taken.\nA person who fails to discharge that duty commits an offence against this Act.\nIf the commissioner believes that any measure provided for in a plan has not been taken, the commissioner may give a notice to the person responsible for the plan requiring that the measure be taken within the time specified in the notice.\ns 146F (prev s 101) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1)\nreloc and renum 2024 No. 22 s 53 (2)\n(sec.146F-ssec.1) Where an off-site emergency plan has been approved by the commissioner, the person responsible for the plan must ensure that all measures provided for in the plan (and in any amendment approved to the plan) are taken.\n(sec.146F-ssec.2) A person who fails to discharge that duty commits an offence against this Act.\n(sec.146F-ssec.3) If the commissioner believes that any measure provided for in a plan has not been taken, the commissioner may give a notice to the person responsible for the plan requiring that the measure be taken within the time specified in the notice.","sortOrder":192},{"sectionNumber":"sec.146G","sectionType":"section","heading":"Notice of changed circumstances","content":"### sec.146G Notice of changed circumstances\n\nWhere any change of circumstances occurs that substantially reduces the effectiveness of an off-site emergency plan or that renders the plan unnecessary, the person responsible for the plan must immediately give notice in writing of that fact to the commissioner.\nThe commissioner, if aware that an off-site emergency plan is no longer necessary because of any change of circumstances, must give approval to the person responsible for the plan to discontinue giving effect to the plan.\ns 146G (prev s 102) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1)\nreloc and renum 2024 No. 22 s 53 (2)\n(sec.146G-ssec.1) Where any change of circumstances occurs that substantially reduces the effectiveness of an off-site emergency plan or that renders the plan unnecessary, the person responsible for the plan must immediately give notice in writing of that fact to the commissioner.\n(sec.146G-ssec.2) The commissioner, if aware that an off-site emergency plan is no longer necessary because of any change of circumstances, must give approval to the person responsible for the plan to discontinue giving effect to the plan.","sortOrder":193},{"sectionNumber":"sec.146H","sectionType":"section","heading":"Keeping copies of plans","content":"### sec.146H Keeping copies of plans\n\nThe commissioner must keep a copy of every off-site emergency plan lodged for approval and of every amendment to a plan.\ns 146H (prev s 103) amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 s 11 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4\nreloc and renum 2024 No. 22 s 53 (2)","sortOrder":194},{"sectionNumber":"sec.146I","sectionType":"section","heading":"Punishment for certain offences against this part","content":"### sec.146I Punishment for certain offences against this part\n\nA person convicted of—\nan offence defined in section 146F (2) ; or\nan offence consisting in a failure to notify a change of circumstances, as required by section 146G (1) , that substantially reduces the effectiveness of a plan; or\nan offence consisting in a failure to comply with a notice given under this part;\nis liable to a maximum penalty of 250 penalty units or 1 year’s imprisonment.\ns 146I (prev s 104) amd 1995 No. 55 s 19 ; 2001 No. 76 s 11 sch 2 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 53 (2)\n- (a) an offence defined in section 146F (2) ; or\n- (b) an offence consisting in a failure to notify a change of circumstances, as required by section 146G (1) , that substantially reduces the effectiveness of a plan; or\n- (c) an offence consisting in a failure to comply with a notice given under this part;","sortOrder":195},{"sectionNumber":"ch.4A-pt.4","sectionType":"part","heading":"Building fire safety","content":"# Building fire safety","sortOrder":196},{"sectionNumber":"ch.4A-pt.4-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":197},{"sectionNumber":"sec.146J","sectionType":"section","heading":"Interpretation","content":"### sec.146J Interpretation\n\nIn this part (other than division 5A ) and in schedule 1 —\nbuilding means a fixed structure that is wholly or partly enclosed by walls and is roofed and includes a floating building and any part of a building but does not include—\na single dwelling house, being either a detached dwelling house or a town, terrace, row, villa or like house attached to another such house or other such houses only by a wall on 1 or more of its sides; or\na building treated as part of a coal mine for the purposes of the Coal Mining Safety and Health Act 1999 or as part of a mine for the purposes of the Mining and Quarrying Safety and Health Act 1999 .\ns 146J def building amd 1999 No. 39 s 299 sch 1 ; 1999 No. 40 s 274 sch 1 ; 2006 No. 49 s 17 (2)\nBuilding Advisory Committee ...\ns 146J def Building Advisory Committee om 1998 No. 13 s 191 sch\nbuilding certifier ...\ns 146J def building certifier ins 1998 No. 13 s 191 sch\nom 2006 No. 49 s 17 (3)\nBuilding Code of Australia ...\ns 146J def Building Code of Australia amd 1998 No. 13 s 191 sch\nom 2006 No. 49 s 17 (3)\nbuilding surveyor ...\ns 146J def building surveyor om 1998 No. 13 s 191 sch\nfire safety installation means a fire safety installation within the meaning of the Building Act 1975 .\ns 146J def fire safety installation amd 1998 No. 13 s 191 sch ; 2006 No. 49 s 17 (4)\nground level has the same meaning for the purposes of this part as the term has as defined in the Queensland Appendix to the Building Code of Australia for the purposes specified therein.\nIPA ...\ns 146J def IPA ins 2002 No. 60 s 23 sch\nom 2009 No. 36 s 872 sch 2\nmaintain includes install or establish and maintain.\nprescribed fire safety installation means a prescribed fire safety installation within the meaning of section 146M .\ns 146J def prescribed fire safety installation amd 2024 No. 22 s 92 sch 1\nStandard Building Law ...\ns 146J def Standard Building Law om 1998 No. 13 s 191 sch\nStandard Building Regulation ...\ns 146J def Standard Building Regulation ins 1998 No. 13 s 191 sch\nom 2006 No. 49 s 17 (3)\ns 146J (prev s 104A) ins 1991 No. 51 s 3 0.1\namd 2006 No. 49 s 17 (1) ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\n- (a) a single dwelling house, being either a detached dwelling house or a town, terrace, row, villa or like house attached to another such house or other such houses only by a wall on 1 or more of its sides; or\n- (b) a building treated as part of a coal mine for the purposes of the Coal Mining Safety and Health Act 1999 or as part of a mine for the purposes of the Mining and Quarrying Safety and Health Act 1999 .","sortOrder":198},{"sectionNumber":"sec.146K","sectionType":"section","heading":"Application to prisons","content":"### sec.146K Application to prisons\n\nThis part applies in relation to a building that is, or that is treated as part of, a prison for the purposes of the Corrective Services Act 2006 , but an authorised fire officer is not competent to exercise a power conferred by sections 149K to 149V in relation to such a building without the consent of the person in charge of the prison within the meaning of the Corrective Services Act 2006 .\ns 146K (prev s 104B) ins 1991 No. 51 s 3 0.1\namd 2000 No. 63 s 276 sch 2 ; 2006 No. 29 s 518 sch 3 ; 2006 No. 49 s 18 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)","sortOrder":199},{"sectionNumber":"ch.4A-pt.4-div.2","sectionType":"division","heading":"Obligations of persons for fire safety","content":"## Obligations of persons for fire safety","sortOrder":200},{"sectionNumber":"sec.146L","sectionType":"section","heading":"Occupier of building to maintain means of escape from building","content":"### sec.146L Occupier of building to maintain means of escape from building\n\nThe occupier of a building must maintain at all times free from obstruction adequate means of escape in the event of fire threatening any part of the building.\nMaximum penalty—\nif the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or\nif the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or\nif the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or\notherwise—100 penalty units.\nThis provision is an executive liability provision—see section 150J .\ns 146L (prev s 104C) ins 1991 No. 51 s 3 0.11\namd 2006 No. 49 s 19 ; 2013 No. 51 s 229 sch 1 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\n- (a) if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or\n- (b) if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or\n- (c) if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or\n- (d) otherwise—100 penalty units.","sortOrder":201},{"sectionNumber":"sec.146M","sectionType":"section","heading":"Occupier of building to maintain prescribed fire safety installations","content":"### sec.146M Occupier of building to maintain prescribed fire safety installations\n\nThe occupier of a building must maintain at all times every prescribed fire safety installation to a standard of safety and reliability in the event of fire.\nMaximum penalty—\nif the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or\nif the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or\nif the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or\nif the contravention causes substantial property loss—500 penalty units or 6 months imprisonment; or\notherwise—100 penalty units.\nThis provision is an executive liability provision—see section 150J .\nIt is a defence to a charge made under this Act that an occupier of a building, in contravention of subsection (1) , has failed to maintain for the building a prescribed fire safety installation for the defendant to prove—\nthat the prescribed fire safety installation would not be required to be maintained for the building if the building were constructed at the time of the alleged offence and was unnecessary for the purposes of fire safety; or\nthat in lieu of the prescribed fire safety installation there is maintained a fire safety installation of equivalent or greater effectiveness.\nFor the purposes of this section—\nAct includes any Act and any proclamation, order in council, regulation, rule, local law or other instrument of subordinate legislation made under any Act, whenever passed or made whether or not it has ceased to exist.\nprescribed fire safety installation means a fire safety installation—\nthat was at any time required to be maintained for the building in question by or under any Act, including as a prerequisite to the granting of any approval or the issue of any notice, certificate or instrument; and\nthat was not at any time authorised by or under any Act to be no longer maintained.\ns 146M (prev s 104D) ins 1991 No. 51 s 3 0.11\namd 2006 No. 49 s 20 ; 2013 No. 51 s 229 sch 1 ; 2023 No. 7 s 21\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.146M-ssec.1) The occupier of a building must maintain at all times every prescribed fire safety installation to a standard of safety and reliability in the event of fire. Maximum penalty— if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or if the contravention causes substantial property loss—500 penalty units or 6 months imprisonment; or otherwise—100 penalty units. This provision is an executive liability provision—see section 150J .\n(sec.146M-ssec.2) It is a defence to a charge made under this Act that an occupier of a building, in contravention of subsection (1) , has failed to maintain for the building a prescribed fire safety installation for the defendant to prove— that the prescribed fire safety installation would not be required to be maintained for the building if the building were constructed at the time of the alleged offence and was unnecessary for the purposes of fire safety; or that in lieu of the prescribed fire safety installation there is maintained a fire safety installation of equivalent or greater effectiveness.\n(sec.146M-ssec.3) For the purposes of this section— Act includes any Act and any proclamation, order in council, regulation, rule, local law or other instrument of subordinate legislation made under any Act, whenever passed or made whether or not it has ceased to exist. prescribed fire safety installation means a fire safety installation— that was at any time required to be maintained for the building in question by or under any Act, including as a prerequisite to the granting of any approval or the issue of any notice, certificate or instrument; and that was not at any time authorised by or under any Act to be no longer maintained.\n- (a) if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or\n- (b) if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or\n- (c) if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or\n- (d) if the contravention causes substantial property loss—500 penalty units or 6 months imprisonment; or\n- (e) otherwise—100 penalty units.\n- (a) that the prescribed fire safety installation would not be required to be maintained for the building if the building were constructed at the time of the alleged offence and was unnecessary for the purposes of fire safety; or\n- (b) that in lieu of the prescribed fire safety installation there is maintained a fire safety installation of equivalent or greater effectiveness.\n- (a) that was at any time required to be maintained for the building in question by or under any Act, including as a prerequisite to the granting of any approval or the issue of any notice, certificate or instrument; and\n- (b) that was not at any time authorised by or under any Act to be no longer maintained.","sortOrder":202},{"sectionNumber":"sec.146N","sectionType":"section","heading":"Additional requirement for monitored systems","content":"### sec.146N Additional requirement for monitored systems\n\nThe occupier of a building must maintain each monitored system for the building to ensure an unacceptable number of unwanted alarms are not signalled from the system.\nFor subsection (1) , the number of unwanted alarms signalled from a monitored system is unacceptable if the number signalled since the end of the last financial year is—\nmore than 4; and\nmore than the average number for the last financial year published under subsection (4) .\nHowever, the commissioner may decide that, despite subsection (2) , the number of unwanted alarms signalled from a monitored system is acceptable, having regard to—\nthe size and other characteristics of the building; and\nhow the building is used; and\nthe number of detector heads in the building; and\nwhether the system also relates to other buildings.\nAs soon as practicable after 30 June each year, the commissioner must calculate, and notify in the gazette, the average number of unwanted alarms for monitored systems for the last financial year.\nThe number must be calculated by dividing the total number of unwanted alarms signalled from all monitored systems during the last financial year by the total number of monitored systems in operation during the last financial year.\nIn this section—\ndetector head means a part of a monitored system that detects smoke or heat and sends a signal to another part of the system.\nemergency means a situation in which there is danger of harm to persons or property from a fire or hazardous materials emergency.\nemergency alarm means an alarm, from a monitored system for a building, signalled to QFR to attend the building.\nmaintain , a monitored system, includes—\nensure the system is in good repair; and\nensure each part of the system is properly installed and appropriately located; and\nensure the system is able to distinguish between a fire and normal conditions in the building; and\nimplement measures for avoiding unwanted alarms from the system.\nestablishing requirements for persons working near the system to isolate the system while using tools that may cause an unwanted alarm\ngiving information sheets to guests in the building about the sensitivity of the system and how to avoid causing an unwanted alarm\nfor a building used to provide residential accommodation that has a high level of unwanted alarms, installing an alarm acknowledgement facility under AS1670.1—2004\nmonitored system , for a building, means an automatic smoke detection and alarm system—\nthat is a prescribed fire safety installation for the building; and\nthat is monitored by QFR.\nunwanted alarm means an emergency alarm signalled at a time when the commissioner is satisfied there was no emergency requiring the attendance of QFR.\ns 146N (prev s 104DA) ins 2006 No. 49 s 21\namd 2014 No. 17 s 95 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.146N-ssec.1) The occupier of a building must maintain each monitored system for the building to ensure an unacceptable number of unwanted alarms are not signalled from the system.\n(sec.146N-ssec.2) For subsection (1) , the number of unwanted alarms signalled from a monitored system is unacceptable if the number signalled since the end of the last financial year is— more than 4; and more than the average number for the last financial year published under subsection (4) .\n(sec.146N-ssec.3) However, the commissioner may decide that, despite subsection (2) , the number of unwanted alarms signalled from a monitored system is acceptable, having regard to— the size and other characteristics of the building; and how the building is used; and the number of detector heads in the building; and whether the system also relates to other buildings.\n(sec.146N-ssec.4) As soon as practicable after 30 June each year, the commissioner must calculate, and notify in the gazette, the average number of unwanted alarms for monitored systems for the last financial year.\n(sec.146N-ssec.5) The number must be calculated by dividing the total number of unwanted alarms signalled from all monitored systems during the last financial year by the total number of monitored systems in operation during the last financial year.\n(sec.146N-ssec.6) In this section— detector head means a part of a monitored system that detects smoke or heat and sends a signal to another part of the system. emergency means a situation in which there is danger of harm to persons or property from a fire or hazardous materials emergency. emergency alarm means an alarm, from a monitored system for a building, signalled to QFR to attend the building. maintain , a monitored system, includes— ensure the system is in good repair; and ensure each part of the system is properly installed and appropriately located; and ensure the system is able to distinguish between a fire and normal conditions in the building; and implement measures for avoiding unwanted alarms from the system. establishing requirements for persons working near the system to isolate the system while using tools that may cause an unwanted alarm giving information sheets to guests in the building about the sensitivity of the system and how to avoid causing an unwanted alarm for a building used to provide residential accommodation that has a high level of unwanted alarms, installing an alarm acknowledgement facility under AS1670.1—2004 monitored system , for a building, means an automatic smoke detection and alarm system— that is a prescribed fire safety installation for the building; and that is monitored by QFR. unwanted alarm means an emergency alarm signalled at a time when the commissioner is satisfied there was no emergency requiring the attendance of QFR.\n- (a) more than 4; and\n- (b) more than the average number for the last financial year published under subsection (4) .\n- (a) the size and other characteristics of the building; and\n- (b) how the building is used; and\n- (c) the number of detector heads in the building; and\n- (d) whether the system also relates to other buildings.\n- (a) ensure the system is in good repair; and\n- (b) ensure each part of the system is properly installed and appropriately located; and\n- (c) ensure the system is able to distinguish between a fire and normal conditions in the building; and\n- (d) implement measures for avoiding unwanted alarms from the system. Examples of implementing measures for paragraph (d) — • establishing requirements for persons working near the system to isolate the system while using tools that may cause an unwanted alarm • giving information sheets to guests in the building about the sensitivity of the system and how to avoid causing an unwanted alarm • for a building used to provide residential accommodation that has a high level of unwanted alarms, installing an alarm acknowledgement facility under AS1670.1—2004\n- • establishing requirements for persons working near the system to isolate the system while using tools that may cause an unwanted alarm\n- • giving information sheets to guests in the building about the sensitivity of the system and how to avoid causing an unwanted alarm\n- • for a building used to provide residential accommodation that has a high level of unwanted alarms, installing an alarm acknowledgement facility under AS1670.1—2004\n- • establishing requirements for persons working near the system to isolate the system while using tools that may cause an unwanted alarm\n- • giving information sheets to guests in the building about the sensitivity of the system and how to avoid causing an unwanted alarm\n- • for a building used to provide residential accommodation that has a high level of unwanted alarms, installing an alarm acknowledgement facility under AS1670.1—2004\n- (a) that is a prescribed fire safety installation for the building; and\n- (b) that is monitored by QFR.","sortOrder":203},{"sectionNumber":"sec.146O","sectionType":"section","heading":"Fire and evacuation plan","content":"### sec.146O Fire and evacuation plan\n\nThe occupier of a building must—\nmaintain at all times a plan of the action to be taken by persons within the building in the event of fire threatening the building adequate to ensure their own and other persons safety (a fire and evacuation plan ); and\nprovide adequate instructions to prescribed persons in the building concerning the action to be taken by them in the event of fire threatening the building in order to ensure their own and other persons safety.\nMaximum penalty—\nif the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or\nif the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or\nif the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or\notherwise—100 penalty units.\nIn this section—\nprescribed person means a person who works or resides in or visits the building for more than a total time, during a period, prescribed under a regulation.\ns 146O (prev s 104E) ins 1991 No. 51 s 3 0.11\namd 2006 No. 49 s 22\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.146O-ssec.1) The occupier of a building must— maintain at all times a plan of the action to be taken by persons within the building in the event of fire threatening the building adequate to ensure their own and other persons safety (a fire and evacuation plan ); and provide adequate instructions to prescribed persons in the building concerning the action to be taken by them in the event of fire threatening the building in order to ensure their own and other persons safety. Maximum penalty— if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or otherwise—100 penalty units.\n(sec.146O-ssec.2) In this section— prescribed person means a person who works or resides in or visits the building for more than a total time, during a period, prescribed under a regulation.\n- (a) maintain at all times a plan of the action to be taken by persons within the building in the event of fire threatening the building adequate to ensure their own and other persons safety (a fire and evacuation plan ); and\n- (b) provide adequate instructions to prescribed persons in the building concerning the action to be taken by them in the event of fire threatening the building in order to ensure their own and other persons safety.\n- (a) if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or\n- (b) if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or\n- (c) if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or\n- (d) otherwise—100 penalty units.","sortOrder":204},{"sectionNumber":"sec.146P","sectionType":"section","heading":"Assistance with plan","content":"### sec.146P Assistance with plan\n\nThe commissioner may provide assistance to the occupier of a building in the preparation and implementation of the plan required to be maintained by the occupier under section 146O (1) (a) and any regulations made under this part in relation to such a plan.\nAn occupier to whom assistance is provided is liable to pay to the commissioner the amounts charged by the commissioner for the assistance.\ns 146P (prev s 104F) ins 1991 No. 51 s 3 0.12\namd 1996 No. 42 ss 20 sch 1 , 21 sch 2 , 3 sch 3 ; 2001 No. 76 ss 24 (1) , 11 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.146P-ssec.1) The commissioner may provide assistance to the occupier of a building in the preparation and implementation of the plan required to be maintained by the occupier under section 146O (1) (a) and any regulations made under this part in relation to such a plan.\n(sec.146P-ssec.2) An occupier to whom assistance is provided is liable to pay to the commissioner the amounts charged by the commissioner for the assistance.","sortOrder":205},{"sectionNumber":"sec.146Q","sectionType":"section","heading":"Obligation to prepare fire safety management plan","content":"### sec.146Q Obligation to prepare fire safety management plan\n\nThis section applies to a budget accommodation building only if—\nconstruction of the building started before the commencement of this section; or\nconstruction of the building was—\napproved under the repealed Integrated Planning Act 1997 before the commencement; and\nstarted on or after the commencement; or\nan application for approval to construct the building—\nwas made under the repealed Integrated Planning Act 1997 before the commencement; and\nthe approval is given on or after the commencement.\nThe owner of the budget accommodation building must prepare a fire safety management plan for the building within 1 year after the commencement.\nMaximum penalty—\nif the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or\nif the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or\nif the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or\notherwise—100 penalty units.\ns 146Q (prev s 104FA) ins 2002 No. 7 s 12\namd 2006 No. 49 s 23 ; 2009 No. 36 s 872 sch 2\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.146Q-ssec.1) This section applies to a budget accommodation building only if— construction of the building started before the commencement of this section; or construction of the building was— approved under the repealed Integrated Planning Act 1997 before the commencement; and started on or after the commencement; or an application for approval to construct the building— was made under the repealed Integrated Planning Act 1997 before the commencement; and the approval is given on or after the commencement.\n(sec.146Q-ssec.2) The owner of the budget accommodation building must prepare a fire safety management plan for the building within 1 year after the commencement. Maximum penalty— if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or otherwise—100 penalty units.\n- (a) construction of the building started before the commencement of this section; or\n- (b) construction of the building was— (i) approved under the repealed Integrated Planning Act 1997 before the commencement; and (ii) started on or after the commencement; or\n- (i) approved under the repealed Integrated Planning Act 1997 before the commencement; and\n- (ii) started on or after the commencement; or\n- (c) an application for approval to construct the building— (i) was made under the repealed Integrated Planning Act 1997 before the commencement; and (ii) the approval is given on or after the commencement.\n- (i) was made under the repealed Integrated Planning Act 1997 before the commencement; and\n- (ii) the approval is given on or after the commencement.\n- (i) approved under the repealed Integrated Planning Act 1997 before the commencement; and\n- (ii) started on or after the commencement; or\n- (i) was made under the repealed Integrated Planning Act 1997 before the commencement; and\n- (ii) the approval is given on or after the commencement.\n- (a) if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or\n- (b) if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or\n- (c) if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or\n- (d) otherwise—100 penalty units.","sortOrder":206},{"sectionNumber":"sec.146R","sectionType":"section","heading":"Other obligations about fire safety management plan","content":"### sec.146R Other obligations about fire safety management plan\n\nThe owner of a budget accommodation building who is required, under section 146Q or the Building Act 1975 , section 27 , to prepare a fire safety management plan for the building must ensure the plan is updated as soon as practicable, but not later than 1 month, after a change in circumstances affecting the plan’s compliance with the fire safety standard.\nMaximum penalty—\nif the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or\nif the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or\nif the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or\notherwise—100 penalty units.\nA change in circumstances mentioned in subsection (1) includes, for example, a change in the fire safety standard.\nThe owner must ensure the current fire safety management plan is implemented.\nMaximum penalty for subsection (3) —\nif the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or\nif the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or\nif the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or\notherwise—100 penalty units.\ns 146R (prev s 104FB) ins 2002 No. 7 s 12\namd 1975 No. 11 s 283 (3) (a) (amd 2006 No. 36 s 69 ) (amdt could not be given effect); 2006 No. 49 s 24 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.146R-ssec.1) The owner of a budget accommodation building who is required, under section 146Q or the Building Act 1975 , section 27 , to prepare a fire safety management plan for the building must ensure the plan is updated as soon as practicable, but not later than 1 month, after a change in circumstances affecting the plan’s compliance with the fire safety standard. Maximum penalty— if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or otherwise—100 penalty units.\n(sec.146R-ssec.2) A change in circumstances mentioned in subsection (1) includes, for example, a change in the fire safety standard.\n(sec.146R-ssec.3) The owner must ensure the current fire safety management plan is implemented. Maximum penalty for subsection (3) — if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or otherwise—100 penalty units.\n- (a) if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or\n- (b) if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or\n- (c) if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or\n- (d) otherwise—100 penalty units.\n- (a) if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or\n- (b) if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or\n- (c) if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or\n- (d) otherwise—100 penalty units.","sortOrder":207},{"sectionNumber":"sec.146S","sectionType":"section","heading":"Meaning of fire safety management plan","content":"### sec.146S Meaning of fire safety management plan\n\nA fire safety management plan for a building is a plan that states each of the following and complies with subsections (2) and (3) —\nthe allowable number of occupants for the building;\nthe proposed maintenance schedule for the building’s prescribed fire safety installations;\nthe evacuation plan for evacuating the building’s occupants, including occupants with an intellectual or physical disability, in the event of a fire in the building;\nproposed training programs for occupants and persons employed in the building about—\nfire management and prevention; and\nemergency evacuation;\na list of the building’s prescribed fire safety installations, together with the brand name and model number of each installation, if applicable.\nThe matters mentioned in subsection (1) (a) to (d) must comply with the fire safety standard.\nThe fire safety management plan must have attached to it, or be accompanied by, a copy of the building plans, in a reasonable scale, identifying the location of the building’s prescribed fire safety installations.\ns 146S (prev s 106FC) ins 2002 No. 7 s 12\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.146S-ssec.1) A fire safety management plan for a building is a plan that states each of the following and complies with subsections (2) and (3) — the allowable number of occupants for the building; the proposed maintenance schedule for the building’s prescribed fire safety installations; the evacuation plan for evacuating the building’s occupants, including occupants with an intellectual or physical disability, in the event of a fire in the building; proposed training programs for occupants and persons employed in the building about— fire management and prevention; and emergency evacuation; a list of the building’s prescribed fire safety installations, together with the brand name and model number of each installation, if applicable.\n(sec.146S-ssec.2) The matters mentioned in subsection (1) (a) to (d) must comply with the fire safety standard.\n(sec.146S-ssec.3) The fire safety management plan must have attached to it, or be accompanied by, a copy of the building plans, in a reasonable scale, identifying the location of the building’s prescribed fire safety installations.\n- (a) the allowable number of occupants for the building;\n- (b) the proposed maintenance schedule for the building’s prescribed fire safety installations;\n- (c) the evacuation plan for evacuating the building’s occupants, including occupants with an intellectual or physical disability, in the event of a fire in the building;\n- (d) proposed training programs for occupants and persons employed in the building about— (i) fire management and prevention; and (ii) emergency evacuation;\n- (i) fire management and prevention; and\n- (ii) emergency evacuation;\n- (e) a list of the building’s prescribed fire safety installations, together with the brand name and model number of each installation, if applicable.\n- (i) fire management and prevention; and\n- (ii) emergency evacuation;","sortOrder":208},{"sectionNumber":"sec.146T","sectionType":"section","heading":"Guidelines for preparing fire safety management plans","content":"### sec.146T Guidelines for preparing fire safety management plans\n\nThe commissioner may issue guidelines for preparing fire safety management plans.\nBefore issuing the guidelines, the commissioner must consult with any entity the commissioner considers appropriate.\ns 146T (prev s 104FD) ins 2002 No. 7 s 12\namd 2014 No. 17 s 184 sch 1 pt 4\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.146T-ssec.1) The commissioner may issue guidelines for preparing fire safety management plans.\n(sec.146T-ssec.2) Before issuing the guidelines, the commissioner must consult with any entity the commissioner considers appropriate.","sortOrder":209},{"sectionNumber":"sec.146U","sectionType":"section","heading":"Public notice of guidelines","content":"### sec.146U Public notice of guidelines\n\nThe commissioner must ensure the guidelines and any document applied, adopted or incorporated by the guidelines are available for inspection on the department’s website.\ns 146U (prev s 104FE) ins 2002 No. 7 s 12\namd 2014 No. 17 s 184 sch 1 pt 4\nsub 2023 No. 7 s 12\nreloc and renum 2024 No. 22 s 56 (2)","sortOrder":210},{"sectionNumber":"sec.146V","sectionType":"section","heading":"Accessing fire safety management plan","content":"### sec.146V Accessing fire safety management plan\n\nThe owner of a budget accommodation building must ensure a copy of the building’s current fire safety management plan is kept in the building and is available for inspection, free of charge, by the building’s occupants and other members of the public whenever the building is open for business.\nMaximum penalty—20 penalty units.\ns 146V (prev s 104FG) ins 2002 No. 7 s 12\nreloc and renum 2024 No. 22 s 56 (2)","sortOrder":211},{"sectionNumber":"sec.146W","sectionType":"section","heading":"Provisions applying for particular proceedings","content":"### sec.146W Provisions applying for particular proceedings\n\nThis section applies for sections 146L , 146M , 146O , 146Q and 146R (each the section ).\nA person causes something mentioned in the section if the person’s act or omission is a substantial or significant cause of the thing or substantially contributes to the thing.\nThe section applies despite the Criminal Code , sections 23 (1) and 24 .\nIt is a defence in a proceeding against a person for a contravention of the section for the person to prove the person took reasonable precautions and exercised proper diligence to prevent the contravention.\nAlso, it is a defence in a proceeding against a person for a contravention of the section for the person to prove the contravention was due to causes over which the person had no control.\ns 146W (prev s 104FGA) ins 2006 No. 49 s 25\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.146W-ssec.1) This section applies for sections 146L , 146M , 146O , 146Q and 146R (each the section ).\n(sec.146W-ssec.2) A person causes something mentioned in the section if the person’s act or omission is a substantial or significant cause of the thing or substantially contributes to the thing.\n(sec.146W-ssec.3) The section applies despite the Criminal Code , sections 23 (1) and 24 .\n(sec.146W-ssec.4) It is a defence in a proceeding against a person for a contravention of the section for the person to prove the person took reasonable precautions and exercised proper diligence to prevent the contravention.\n(sec.146W-ssec.5) Also, it is a defence in a proceeding against a person for a contravention of the section for the person to prove the contravention was due to causes over which the person had no control.","sortOrder":212},{"sectionNumber":"sec.146X","sectionType":"section","heading":"Obligations about guidelines for fire safety standard and fire safety management plans","content":"### sec.146X Obligations about guidelines for fire safety standard and fire safety management plans\n\nIn carrying out a function or power conferred on an entity under this Act, the entity must have regard to—\nfor a matter relating to the fire safety standard—the information in the fire safety standard guidelines; or\nfor a matter relating to the fire safety management plan—the information in the fire safety management plan guidelines.\nIn ensuring a budget accommodation building conforms with the fire safety standard, the owner of the building must have regard to the information in the fire safety standard guidelines.\nIn preparing a fire safety management plan for a budget accommodation building, the owner of the building must have regard to the information in—\nthe fire safety standard guidelines; and\nthe fire safety management plan guidelines.\nIn this section—\nfire safety management plan guidelines means the guidelines made under section 146T .\nfire safety standard guidelines means the guidelines made under the Building Act 1975 , section 218 .\ns 146X (prev s 104FH) ins 2002 No. 7 s 12\namd 1975 No. 11 s 283 (3) (a) (amd 2006 No. 36 s 69 ); 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.146X-ssec.1) In carrying out a function or power conferred on an entity under this Act, the entity must have regard to— for a matter relating to the fire safety standard—the information in the fire safety standard guidelines; or for a matter relating to the fire safety management plan—the information in the fire safety management plan guidelines.\n(sec.146X-ssec.2) In ensuring a budget accommodation building conforms with the fire safety standard, the owner of the building must have regard to the information in the fire safety standard guidelines.\n(sec.146X-ssec.3) In preparing a fire safety management plan for a budget accommodation building, the owner of the building must have regard to the information in— the fire safety standard guidelines; and the fire safety management plan guidelines.\n(sec.146X-ssec.4) In this section— fire safety management plan guidelines means the guidelines made under section 146T . fire safety standard guidelines means the guidelines made under the Building Act 1975 , section 218 .\n- (a) for a matter relating to the fire safety standard—the information in the fire safety standard guidelines; or\n- (b) for a matter relating to the fire safety management plan—the information in the fire safety management plan guidelines.\n- (a) the fire safety standard guidelines; and\n- (b) the fire safety management plan guidelines.","sortOrder":213},{"sectionNumber":"sec.146Y","sectionType":"section","heading":"Notice by commissioner about occupier’s or owner’s obligations","content":"### sec.146Y Notice by commissioner about occupier’s or owner’s obligations\n\nThe commissioner may give the occupier or owner of a building written notice requiring the occupier or owner to remedy any matter in respect of which the commissioner is of the opinion that the occupier or owner has failed to comply with this division or with regulations made under this part.\nThe notice under subsection (1) must state the following—\nthat the commissioner has decided the occupier or owner has failed to comply with this division or with regulations made under this part;\nthe action to be taken by the occupier or owner to remedy the failure mentioned in paragraph (a) ;\nthe period within which the failure must be remedied;\nthe reasons for the decision mentioned in paragraph (a) ;\nthat the occupier may apply to QCAT for a review of the occupancy notice;\nhow, and the period within which, the occupier may apply to QCAT for the review;\nany right the occupier has to have the operation of the occupancy notice stayed under the QCAT Act .\nAlso, to the extent that it specifies that an alteration is to be made to the structure of a building, notice under subsection (1) is not valid unless the commissioner first consults the local government in whose area the building is situated.\nA person who is given a notice pursuant to subsection (1) must comply with the notice.\nThe giving of a notice under subsection (1) does not affect any other proceedings under this Act relating to the noncompliance to which the notice relates.\ns 146Y (prev s 104G) ins 1991 No. 51 s 3 0.12\namd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2002 No. 7 s 13 ; 2009 No. 24 s 104 ; 2023 No. 7 s 14\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.146Y-ssec.1) The commissioner may give the occupier or owner of a building written notice requiring the occupier or owner to remedy any matter in respect of which the commissioner is of the opinion that the occupier or owner has failed to comply with this division or with regulations made under this part.\n(sec.146Y-ssec.1A) The notice under subsection (1) must state the following— that the commissioner has decided the occupier or owner has failed to comply with this division or with regulations made under this part; the action to be taken by the occupier or owner to remedy the failure mentioned in paragraph (a) ; the period within which the failure must be remedied; the reasons for the decision mentioned in paragraph (a) ; that the occupier may apply to QCAT for a review of the occupancy notice; how, and the period within which, the occupier may apply to QCAT for the review; any right the occupier has to have the operation of the occupancy notice stayed under the QCAT Act .\n(sec.146Y-ssec.2) Also, to the extent that it specifies that an alteration is to be made to the structure of a building, notice under subsection (1) is not valid unless the commissioner first consults the local government in whose area the building is situated.\n(sec.146Y-ssec.3) A person who is given a notice pursuant to subsection (1) must comply with the notice.\n(sec.146Y-ssec.4) The giving of a notice under subsection (1) does not affect any other proceedings under this Act relating to the noncompliance to which the notice relates.\n- (a) that the commissioner has decided the occupier or owner has failed to comply with this division or with regulations made under this part;\n- (b) the action to be taken by the occupier or owner to remedy the failure mentioned in paragraph (a) ;\n- (c) the period within which the failure must be remedied;\n- (d) the reasons for the decision mentioned in paragraph (a) ;\n- (e) that the occupier may apply to QCAT for a review of the occupancy notice;\n- (f) how, and the period within which, the occupier may apply to QCAT for the review;\n- (g) any right the occupier has to have the operation of the occupancy notice stayed under the QCAT Act .","sortOrder":214},{"sectionNumber":"ch.4A-pt.4-div.3","sectionType":"division","heading":"Prohibition on prescribed use without certificate of compliance","content":"## Prohibition on prescribed use without certificate of compliance","sortOrder":215},{"sectionNumber":"sec.146Z","sectionType":"section","heading":"Prohibition on prescribed use without certificate of compliance","content":"### sec.146Z Prohibition on prescribed use without certificate of compliance\n\nA regulation may prohibit the use of a building as prescribed under the regulation unless there is in existence a certificate of compliance issued under section 147 in relation to that building use.\nA regulation made under subsection (1) —\nmust be expressed to apply in relation to a building use specified in schedule 1 unless the Governor in Council is satisfied that urgent action is required to reduce the risk of fire in relation to a building use not specified in schedule 1 ; and\nmay be expressed to apply in relation to all buildings or any building of a description defined in the regulation.\nA regulation may revoke a certificate of compliance or class thereof issued before the regulation is made that authorised a building use to which the regulation applies.\nAn occupier of a building who uses the building in contravention of a regulation made under subsection (1) commits an offence against this Act.\nAn occupier of a building is not liable to any penalty prescribed by this Act by reason of the building being used in contravention of subsection (4) on and from the date the occupier makes application for a certificate of compliance under section 147 to and including the date the occupier is issued a certificate of compliance or given a notice refusing the application pursuant to section 147 .\nSubsection (5) does not apply in relation to an application made after a previous application has been refused.\ns 146Z (prev s 104H) ins 1991 No. 51 s 3 0.13\namd 1995 No. 55 s 20 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.146Z-ssec.1) A regulation may prohibit the use of a building as prescribed under the regulation unless there is in existence a certificate of compliance issued under section 147 in relation to that building use.\n(sec.146Z-ssec.2) A regulation made under subsection (1) — must be expressed to apply in relation to a building use specified in schedule 1 unless the Governor in Council is satisfied that urgent action is required to reduce the risk of fire in relation to a building use not specified in schedule 1 ; and may be expressed to apply in relation to all buildings or any building of a description defined in the regulation.\n(sec.146Z-ssec.3) A regulation may revoke a certificate of compliance or class thereof issued before the regulation is made that authorised a building use to which the regulation applies.\n(sec.146Z-ssec.4) An occupier of a building who uses the building in contravention of a regulation made under subsection (1) commits an offence against this Act.\n(sec.146Z-ssec.5) An occupier of a building is not liable to any penalty prescribed by this Act by reason of the building being used in contravention of subsection (4) on and from the date the occupier makes application for a certificate of compliance under section 147 to and including the date the occupier is issued a certificate of compliance or given a notice refusing the application pursuant to section 147 .\n(sec.146Z-ssec.6) Subsection (5) does not apply in relation to an application made after a previous application has been refused.\n- (a) must be expressed to apply in relation to a building use specified in schedule 1 unless the Governor in Council is satisfied that urgent action is required to reduce the risk of fire in relation to a building use not specified in schedule 1 ; and\n- (b) may be expressed to apply in relation to all buildings or any building of a description defined in the regulation.","sortOrder":216},{"sectionNumber":"sec.147","sectionType":"section","heading":"Certificate of compliance","content":"### sec.147 Certificate of compliance\n\nAn occupier of a building to which a regulation made under section 146Z (1) applies may apply to the commissioner to be issued a certificate of compliance under this section in relation to a building use to which the regulation applies.\nAn application must—\nbe accompanied by the fee prescribed under a regulation; and\nprovide the information prescribed under a regulation; and\nspecify the building and the building use to which the certificate of compliance is to apply.\nAn application must be referred to an authorised fire officer for consideration and determination.\nThe authorised fire officer must then inspect the building.\nAn applicant is to provide to the commissioner or the authorised fire officer such information in relation to the application as either may require.\nIf the authorised fire officer who inspects the building, having regard to the building use specified in the application, is satisfied—\nthat sections 146L , 146M and 146O are being complied with; and\nthat the regulations made pursuant to this part that apply in relation to building use are being complied with; and\nthat adequate fire safety measures and fire prevention measures generally have been taken or are being maintained;\nthe authorised fire officer must issue a certificate of compliance in relation to the building authorising the building use specified in the application.\nIf the authorised fire officer who inspects the building is not satisfied of any matter prescribed by subsection (6) (a) to (c) , the authorised fire officer must give notice to the applicant—\nspecifying the steps required to be taken before the application will be granted; and\nallowing a reasonable period within which those steps may be taken before the application is refused.\nThe authorised fire officer may at any time extend the period so allowed.\nIf—\nthe applicant declines to take the steps referred to in subsection (7) (a) ; or\nupon inspection of the building at the expiration of the period allowed to the applicant to take the steps referred to in subsection (7) (a) , the authorised fire officer is not satisfied that those steps have been taken;\nthe authorised fire officer must refuse the application by notice given to the applicant.\nThe notice under subsection (8) must state the following—\nthe grounds of the refusal;\nany steps required to be taken by the applicant before any further application will be granted;\nthat the applicant may apply to QCAT for a review of the refusal;\nhow, and the period within which, the applicant may apply to QCAT for the review.\nA notice under subsection (7) or (8) to the extent that it specifies that an alteration is to be made to the structure of a building before an application will be granted is not valid unless the authorised fire officer who issues the notice first consults the local government in whose area the building is situated.\nIf an authorised fire officer—\nfails to issue a certificate of compliance or any notice under this section before a date 30 days after the receipt by the commissioner of an application; or\nin a case where a notice under subsection (7) has been given to the applicant—fails to issue a certificate of compliance or a notice of refusal before a date 30 days after the expiration of the time allowed by the notice to take steps specified in the notice;\nthe provisions of part 5 apply as if the authorised fire officer had given to the applicant on that date a notice of refusal.\ns 147 prev s 147 amd 1991 No. 51 s 3 .21; 2006 No. 49 s 45 ; 2008 No. 64 s 22\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 147 (prev s 104I) ins 1991 No. 51 s 3 0.13\namd 1991 No. 97 s 3 sch 1 ; 1995 No. 55 s 21 ; 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2009 No. 24 s 105 ; 2023 No. 11 s 34 s ch 1 pt 1 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.147-ssec.1) An occupier of a building to which a regulation made under section 146Z (1) applies may apply to the commissioner to be issued a certificate of compliance under this section in relation to a building use to which the regulation applies.\n(sec.147-ssec.2) An application must— be accompanied by the fee prescribed under a regulation; and provide the information prescribed under a regulation; and specify the building and the building use to which the certificate of compliance is to apply.\n(sec.147-ssec.3) An application must be referred to an authorised fire officer for consideration and determination.\n(sec.147-ssec.4) The authorised fire officer must then inspect the building.\n(sec.147-ssec.5) An applicant is to provide to the commissioner or the authorised fire officer such information in relation to the application as either may require.\n(sec.147-ssec.6) If the authorised fire officer who inspects the building, having regard to the building use specified in the application, is satisfied— that sections 146L , 146M and 146O are being complied with; and that the regulations made pursuant to this part that apply in relation to building use are being complied with; and that adequate fire safety measures and fire prevention measures generally have been taken or are being maintained; the authorised fire officer must issue a certificate of compliance in relation to the building authorising the building use specified in the application.\n(sec.147-ssec.7) If the authorised fire officer who inspects the building is not satisfied of any matter prescribed by subsection (6) (a) to (c) , the authorised fire officer must give notice to the applicant— specifying the steps required to be taken before the application will be granted; and allowing a reasonable period within which those steps may be taken before the application is refused.\n(sec.147-ssec.7A) The authorised fire officer may at any time extend the period so allowed.\n(sec.147-ssec.8) If— the applicant declines to take the steps referred to in subsection (7) (a) ; or upon inspection of the building at the expiration of the period allowed to the applicant to take the steps referred to in subsection (7) (a) , the authorised fire officer is not satisfied that those steps have been taken; the authorised fire officer must refuse the application by notice given to the applicant.\n(sec.147-ssec.8A) The notice under subsection (8) must state the following— the grounds of the refusal; any steps required to be taken by the applicant before any further application will be granted; that the applicant may apply to QCAT for a review of the refusal; how, and the period within which, the applicant may apply to QCAT for the review.\n(sec.147-ssec.9) A notice under subsection (7) or (8) to the extent that it specifies that an alteration is to be made to the structure of a building before an application will be granted is not valid unless the authorised fire officer who issues the notice first consults the local government in whose area the building is situated.\n(sec.147-ssec.10) If an authorised fire officer— fails to issue a certificate of compliance or any notice under this section before a date 30 days after the receipt by the commissioner of an application; or in a case where a notice under subsection (7) has been given to the applicant—fails to issue a certificate of compliance or a notice of refusal before a date 30 days after the expiration of the time allowed by the notice to take steps specified in the notice; the provisions of part 5 apply as if the authorised fire officer had given to the applicant on that date a notice of refusal.\n- (a) be accompanied by the fee prescribed under a regulation; and\n- (b) provide the information prescribed under a regulation; and\n- (c) specify the building and the building use to which the certificate of compliance is to apply.\n- (a) that sections 146L , 146M and 146O are being complied with; and\n- (b) that the regulations made pursuant to this part that apply in relation to building use are being complied with; and\n- (c) that adequate fire safety measures and fire prevention measures generally have been taken or are being maintained;\n- (a) specifying the steps required to be taken before the application will be granted; and\n- (b) allowing a reasonable period within which those steps may be taken before the application is refused.\n- (a) the applicant declines to take the steps referred to in subsection (7) (a) ; or\n- (b) upon inspection of the building at the expiration of the period allowed to the applicant to take the steps referred to in subsection (7) (a) , the authorised fire officer is not satisfied that those steps have been taken;\n- (a) the grounds of the refusal;\n- (b) any steps required to be taken by the applicant before any further application will be granted;\n- (c) that the applicant may apply to QCAT for a review of the refusal;\n- (d) how, and the period within which, the applicant may apply to QCAT for the review.\n- (a) fails to issue a certificate of compliance or any notice under this section before a date 30 days after the receipt by the commissioner of an application; or\n- (b) in a case where a notice under subsection (7) has been given to the applicant—fails to issue a certificate of compliance or a notice of refusal before a date 30 days after the expiration of the time allowed by the notice to take steps specified in the notice;","sortOrder":217},{"sectionNumber":"sec.147A","sectionType":"section","heading":"Form of certificate of compliance","content":"### sec.147A Form of certificate of compliance\n\nA certificate of compliance—\nsubject to this Act, may be issued in any convenient form and if convenient be in respect of more than 1 building or building use;\nmust state specifically or by reference the fire safety installations the maintenance of which were required for the issue of the certificate.\ns 147A prev s 147A ins 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 147A (prev s 104J) ins 1991 No. 51 s 3 0.14\nreloc and renum 2024 No. 22 s 56 (2)\n- (a) subject to this Act, may be issued in any convenient form and if convenient be in respect of more than 1 building or building use;\n- (b) must state specifically or by reference the fire safety installations the maintenance of which were required for the issue of the certificate.","sortOrder":218},{"sectionNumber":"sec.147B","sectionType":"section","heading":"Certificate of compliance—limitations on requirements","content":"### sec.147B Certificate of compliance—limitations on requirements\n\nAn authorised fire officer who inspects a building for the purposes of section 147 must not impose—\nmore onerous requirements for the maintenance of fire safety installations than the occupier was required to maintain under section 146M immediately before the inspection; or\nin relation to any particular matter provided for by the regulations—more onerous requirements than those imposed in relation to the matter by the regulations;\nas a prerequisite to the officer being satisfied that adequate fire safety measures and fire prevention measures generally have been taken or are being maintained by the occupier.\ns 147B prev s 147B ins 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 147B (prev s 104K) ins 1991 No. 51 s 3 0.14\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\n- (a) more onerous requirements for the maintenance of fire safety installations than the occupier was required to maintain under section 146M immediately before the inspection; or\n- (b) in relation to any particular matter provided for by the regulations—more onerous requirements than those imposed in relation to the matter by the regulations;","sortOrder":219},{"sectionNumber":"ch.4A-pt.4-div.3A","sectionType":"division","heading":"Occupancy limits for particular licensed buildings","content":"## Occupancy limits for particular licensed buildings","sortOrder":220},{"sectionNumber":"sec.147C","sectionType":"section","heading":"Definitions for div 3A","content":"### sec.147C Definitions for div 3A\n\nIn this division—\nclear floor surface area means an area of floor on or above which there is nothing that would unduly restrict a person in going across the area.\nfire safety system , for a building, means the building’s features, and procedures established for the building, providing for all or any of the following—\nwarning the building’s occupants about a fire emergency;\nsafe evacuation of the building’s occupants;\nextinguishing or restricting the spread of fire in the building.\nlicensed building means a building, or the part of a building, that comprises particular licensed premises under the Liquor Act 1992 .\noccupancy notice see section 147H .\ns 147C def occupancy notice amd 2024 No. 22 s 92 sch 1\noccupancy number , for a building, means the occupancy number stated in an occupancy notice in force for the building.\nrisk of overcrowding , for a building, means a risk that not all occupants of the building would be able to safely evacuate if a fire or hazardous materials emergency happened.\ns 147C prev s 147C ins 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 147C (prev s 104KA) ins 2006 No. 49 s 27\nreloc and renum 2024 No. 22 s 56 (2)\n- (a) warning the building’s occupants about a fire emergency;\n- (b) safe evacuation of the building’s occupants;\n- (c) extinguishing or restricting the spread of fire in the building.","sortOrder":221},{"sectionNumber":"sec.147D","sectionType":"section","heading":"Object of div 3A","content":"### sec.147D Object of div 3A\n\nThe object of this division is to help ensure the occupants of licensed buildings can safely evacuate if a fire or hazardous materials emergency happens.\nThe object is to be achieved by—\nidentifying licensed buildings with an unacceptable risk of overcrowding; and\nfor each of the identified buildings, establishing and implementing a safe limit on the number of persons who may be present in the building at any one time.\ns 147D prev s 147D ins 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 147D (prev s 104KB) ins 2006 No. 49 s 27\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.147D-ssec.1) The object of this division is to help ensure the occupants of licensed buildings can safely evacuate if a fire or hazardous materials emergency happens.\n(sec.147D-ssec.2) The object is to be achieved by— identifying licensed buildings with an unacceptable risk of overcrowding; and for each of the identified buildings, establishing and implementing a safe limit on the number of persons who may be present in the building at any one time.\n- (a) identifying licensed buildings with an unacceptable risk of overcrowding; and\n- (b) for each of the identified buildings, establishing and implementing a safe limit on the number of persons who may be present in the building at any one time.","sortOrder":222},{"sectionNumber":"sec.147E","sectionType":"section","heading":"Application of div 3A to a part of a licensed building","content":"### sec.147E Application of div 3A to a part of a licensed building\n\nExcept where it states otherwise, this division applies to a part of a licensed building in the same way it applies to a whole licensed building.\nUnder section 147F (1) , the commissioner may decide a particular room in a licensed building is an at risk licensed building. In deciding the level of the risk of overcrowding for the room, the commissioner must have regard to the matters stated in section 147F (2) as if a reference in that subsection to the building were a reference to the room.\ns 147E (prev s 104KC) ins 2006 No. 49 s 27\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)","sortOrder":223},{"sectionNumber":"sec.147F","sectionType":"section","heading":"Deciding if a building is an at risk licensed building","content":"### sec.147F Deciding if a building is an at risk licensed building\n\nThe commissioner may decide a licensed building is an at risk licensed building if the commissioner is satisfied there is an unacceptable risk of overcrowding for the building.\nIn deciding the level of the risk of overcrowding, the commissioner must have regard to the following matters—\nthe building’s characteristics, including—\nthe number and location of exits in the building; and\nthe clear floor surface areas in the building; and\nthe flammability of the fixtures and fittings in the building; and\nthe prescribed fire safety installations in the building; and\nwhether occupants of the building can exit directly into open space or another place of safety;\nhow the building is used, including its classification under the Building Code of Australia;\nthe number of persons that use, or are likely to use, the building at any given time;\nthe mobility and other characteristics of the persons who use, or are likely to use, the building;\nany fire safety system for the building.\ns 147F (prev s 104KD) ins 2006 No. 49 s 27\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.147F-ssec.1) The commissioner may decide a licensed building is an at risk licensed building if the commissioner is satisfied there is an unacceptable risk of overcrowding for the building.\n(sec.147F-ssec.2) In deciding the level of the risk of overcrowding, the commissioner must have regard to the following matters— the building’s characteristics, including— the number and location of exits in the building; and the clear floor surface areas in the building; and the flammability of the fixtures and fittings in the building; and the prescribed fire safety installations in the building; and whether occupants of the building can exit directly into open space or another place of safety; how the building is used, including its classification under the Building Code of Australia; the number of persons that use, or are likely to use, the building at any given time; the mobility and other characteristics of the persons who use, or are likely to use, the building; any fire safety system for the building.\n- (a) the building’s characteristics, including— (i) the number and location of exits in the building; and (ii) the clear floor surface areas in the building; and (iii) the flammability of the fixtures and fittings in the building; and (iv) the prescribed fire safety installations in the building; and (v) whether occupants of the building can exit directly into open space or another place of safety;\n- (i) the number and location of exits in the building; and\n- (ii) the clear floor surface areas in the building; and\n- (iii) the flammability of the fixtures and fittings in the building; and\n- (iv) the prescribed fire safety installations in the building; and\n- (v) whether occupants of the building can exit directly into open space or another place of safety;\n- (b) how the building is used, including its classification under the Building Code of Australia;\n- (c) the number of persons that use, or are likely to use, the building at any given time;\n- (d) the mobility and other characteristics of the persons who use, or are likely to use, the building;\n- (e) any fire safety system for the building.\n- (i) the number and location of exits in the building; and\n- (ii) the clear floor surface areas in the building; and\n- (iii) the flammability of the fixtures and fittings in the building; and\n- (iv) the prescribed fire safety installations in the building; and\n- (v) whether occupants of the building can exit directly into open space or another place of safety;","sortOrder":224},{"sectionNumber":"sec.147G","sectionType":"section","heading":"Deciding an occupancy number","content":"### sec.147G Deciding an occupancy number\n\nThis section applies to a licensed building that the commissioner has decided is an at risk licensed building.\nIn deciding an occupancy number for the building, the commissioner must have regard to the building’s characteristics and other matters stated in section 147F (2) .\nThe occupancy number must not be more than—\nthe maximum number that may be accommodated under—\nfor a budget accommodation building to which the Building Act 1975 , chapter 7 , part 3 applies—the Queensland Development Code , part 14 , items P3 and A3; or\notherwise—the Building Code of Australia, part D1.13; or\nthe maximum number that allows compliance with the Building Code of Australia, part D1.6.\ns 147G (prev s 104KE) ins 2006 No. 49 s 27\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.147G-ssec.1) This section applies to a licensed building that the commissioner has decided is an at risk licensed building.\n(sec.147G-ssec.2) In deciding an occupancy number for the building, the commissioner must have regard to the building’s characteristics and other matters stated in section 147F (2) .\n(sec.147G-ssec.3) The occupancy number must not be more than— the maximum number that may be accommodated under— for a budget accommodation building to which the Building Act 1975 , chapter 7 , part 3 applies—the Queensland Development Code , part 14 , items P3 and A3; or otherwise—the Building Code of Australia, part D1.13; or the maximum number that allows compliance with the Building Code of Australia, part D1.6.\n- (a) the maximum number that may be accommodated under— (i) for a budget accommodation building to which the Building Act 1975 , chapter 7 , part 3 applies—the Queensland Development Code , part 14 , items P3 and A3; or (ii) otherwise—the Building Code of Australia, part D1.13; or\n- (i) for a budget accommodation building to which the Building Act 1975 , chapter 7 , part 3 applies—the Queensland Development Code , part 14 , items P3 and A3; or\n- (ii) otherwise—the Building Code of Australia, part D1.13; or\n- (b) the maximum number that allows compliance with the Building Code of Australia, part D1.6.\n- (i) for a budget accommodation building to which the Building Act 1975 , chapter 7 , part 3 applies—the Queensland Development Code , part 14 , items P3 and A3; or\n- (ii) otherwise—the Building Code of Australia, part D1.13; or","sortOrder":225},{"sectionNumber":"sec.147H","sectionType":"section","heading":"Commissioner may give occupancy notice to occupier","content":"### sec.147H Commissioner may give occupancy notice to occupier\n\nIf the commissioner decides under section 147F that a licensed building is an at risk licensed building, the commissioner may give the occupier of the building a notice (an occupancy notice ) stating the following—\nthat the commissioner has decided the building is an at risk licensed building;\nthe occupancy number for the building decided under section 147G ;\nthe day, not less than 30 days after the occupancy notice is given, on which it takes effect;\nthe occupier’s obligations under subdivision 3 ;\nthe reasons for the decisions mentioned in paragraphs (a) and (b) ;\nthat the occupier may apply to QCAT for a review of the occupancy notice;\nhow, and the period within which, the occupier may apply to QCAT for the review;\nany right the occupier has to have the operation of the occupancy notice stayed under the QCAT Act .\ns 147H (prev s 104KF) ins 2006 No. 49 s 27\namd 2009 No. 24 s 106 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\n- (a) that the commissioner has decided the building is an at risk licensed building;\n- (b) the occupancy number for the building decided under section 147G ;\n- (c) the day, not less than 30 days after the occupancy notice is given, on which it takes effect;\n- (d) the occupier’s obligations under subdivision 3 ;\n- (e) the reasons for the decisions mentioned in paragraphs (a) and (b) ;\n- (f) that the occupier may apply to QCAT for a review of the occupancy notice;\n- (g) how, and the period within which, the occupier may apply to QCAT for the review;\n- (h) any right the occupier has to have the operation of the occupancy notice stayed under the QCAT Act .","sortOrder":226},{"sectionNumber":"sec.147I","sectionType":"section","heading":"Occupancy number applying during particular uses or circumstances","content":"### sec.147I Occupancy number applying during particular uses or circumstances\n\nIf the commissioner considers the risk of overcrowding for a building varies because of the different ways the building is used from time to time, the commissioner may give the occupier an occupancy notice stating—\nan occupancy number for the building that applies only when the building is used in a stated way or in stated circumstances; or\n2 or more occupancy numbers for the building, each of which applies only when the building is used in a stated way or in stated circumstances.\nA building used occasionally for concerts may be given an occupancy number that applies only for that use and another occupancy number that applies for its usual uses.\ns 147I (prev s 104KG) ins 2006 No. 49 s 27\nreloc and renum 2024 No. 22 s 56 (2)\n- (a) an occupancy number for the building that applies only when the building is used in a stated way or in stated circumstances; or\n- (b) 2 or more occupancy numbers for the building, each of which applies only when the building is used in a stated way or in stated circumstances. Example for paragraph (b) — A building used occasionally for concerts may be given an occupancy number that applies only for that use and another occupancy number that applies for its usual uses.","sortOrder":227},{"sectionNumber":"sec.147J","sectionType":"section","heading":"Application and currency of occupancy notice","content":"### sec.147J Application and currency of occupancy notice\n\nAn occupancy notice applies to the person stated in it, in relation to the licensed building stated in it, until the occupancy notice is revoked or the person stops being the occupier of the building.\ns 147J (prev s 104KH) ins 2006 No. 49 s 27\nreloc and renum 2024 No. 22 s 56 (2)","sortOrder":228},{"sectionNumber":"sec.147K","sectionType":"section","heading":"Re-assessment of risk of overcrowding","content":"### sec.147K Re-assessment of risk of overcrowding\n\nThis section applies to a licensed building for which an occupancy notice (the current occupancy notice ) is in force.\nAt any time, on request by the occupier or on the commissioner’s own initiative, the commissioner may carry out a re-assessment for the building.\nThe commissioner must carry out a re-assessment for the building if—\nsince the current occupancy notice was given, any of the matters stated in section 147F (2) has changed in a way that is relevant to the risk of overcrowding for the building; and\nthe occupier gives the commissioner a written notice of the change and asks the commissioner to carry out the re-assessment.\nIf, on a request mentioned in subsection (3) (b) , the commissioner carries out a re-assessment and decides not to revoke the current occupancy notice, the commissioner must give the occupier a notice (a decision notice ) stating the following—\nthe decision not to revoke the current occupancy notice;\nthe reason for the decision;\nthat the occupier may apply to QCAT for a review of the occupancy notice;\nhow, and the period within which, the occupier may apply to QCAT for the review.\nIn this section—\ncarry out a re-assessment , for the building, means—\nre-assess the level of the risk of overcrowding for the building under this division; and\ndecide whether to revoke the current occupancy notice and, if revoking the notice, whether to give another occupancy notice for the building.\ns 147K (prev s 104KI) ins 2006 No. 49 s 27\namd 2009 No. 24 s 107 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.147K-ssec.1) This section applies to a licensed building for which an occupancy notice (the current occupancy notice ) is in force.\n(sec.147K-ssec.2) At any time, on request by the occupier or on the commissioner’s own initiative, the commissioner may carry out a re-assessment for the building.\n(sec.147K-ssec.3) The commissioner must carry out a re-assessment for the building if— since the current occupancy notice was given, any of the matters stated in section 147F (2) has changed in a way that is relevant to the risk of overcrowding for the building; and the occupier gives the commissioner a written notice of the change and asks the commissioner to carry out the re-assessment.\n(sec.147K-ssec.4) If, on a request mentioned in subsection (3) (b) , the commissioner carries out a re-assessment and decides not to revoke the current occupancy notice, the commissioner must give the occupier a notice (a decision notice ) stating the following— the decision not to revoke the current occupancy notice; the reason for the decision; that the occupier may apply to QCAT for a review of the occupancy notice; how, and the period within which, the occupier may apply to QCAT for the review.\n(sec.147K-ssec.5) In this section— carry out a re-assessment , for the building, means— re-assess the level of the risk of overcrowding for the building under this division; and decide whether to revoke the current occupancy notice and, if revoking the notice, whether to give another occupancy notice for the building.\n- (a) since the current occupancy notice was given, any of the matters stated in section 147F (2) has changed in a way that is relevant to the risk of overcrowding for the building; and\n- (b) the occupier gives the commissioner a written notice of the change and asks the commissioner to carry out the re-assessment.\n- (a) the decision not to revoke the current occupancy notice;\n- (b) the reason for the decision;\n- (c) that the occupier may apply to QCAT for a review of the occupancy notice;\n- (d) how, and the period within which, the occupier may apply to QCAT for the review.\n- (a) re-assess the level of the risk of overcrowding for the building under this division; and\n- (b) decide whether to revoke the current occupancy notice and, if revoking the notice, whether to give another occupancy notice for the building.","sortOrder":229},{"sectionNumber":"sec.147L","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.147L Application of sdiv 3\n\nThis subdivision applies if an occupancy notice is in force for a licensed building.\nA reference in this subdivision to the occupier is a reference to each occupier of the building to whom the occupancy notice states it applies.\ns 147L (prev s 104KJ) ins 2006 No. 49 s 27\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.147L-ssec.1) This subdivision applies if an occupancy notice is in force for a licensed building.\n(sec.147L-ssec.2) A reference in this subdivision to the occupier is a reference to each occupier of the building to whom the occupancy notice states it applies.","sortOrder":230},{"sectionNumber":"sec.147M","sectionType":"section","heading":"Ensuring the occupancy number is not exceeded","content":"### sec.147M Ensuring the occupancy number is not exceeded\n\nThe occupier must ensure the number of persons in the building at any one time is not more than the occupancy number for the building.\nMaximum penalty—50 penalty units.\ns 147M (prev s 104KK) ins 2006 No. 49 s 27\nreloc and renum 2024 No. 22 s 56 (2)","sortOrder":231},{"sectionNumber":"sec.147N","sectionType":"section","heading":"Ensuring staff are aware of the occupancy number","content":"### sec.147N Ensuring staff are aware of the occupancy number\n\nThe occupier must ensure each relevant staff member is aware of the occupancy number for the building.\nMaximum penalty—50 penalty units.\nIn this section—\nrelevant staff member means an employee of the occupier who is present in the building when members of the public may enter the building.\ns 147N (prev s 104KL) ins 2006 No. 49 s 27\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.147N-ssec.1) The occupier must ensure each relevant staff member is aware of the occupancy number for the building. Maximum penalty—50 penalty units.\n(sec.147N-ssec.2) In this section— relevant staff member means an employee of the occupier who is present in the building when members of the public may enter the building.","sortOrder":232},{"sectionNumber":"sec.147O","sectionType":"section","heading":"Implementing a counting system","content":"### sec.147O Implementing a counting system\n\nThis section does not apply if—\nthe building is only a part of a licensed building; or\nthe occupancy number for the building is less than 200.\nThe occupier must ensure the required counting system is implemented at all times the building is open to the public.\nMaximum penalty—50 penalty units.\nThe required counting system is—\nif the occupancy number is at least 200 but less than 1,000—a manual counting system or an automatic counting system; or\nif the occupancy number is at least 1,000—an automatic counting system.\nIn this section—\nautomatic counting system means a counting system capable of operating without human intervention.\na machine that counts the number of persons passing through an entrance after detecting them by way of a light beam across the doorway or a sensor under the floor\ncounting system means a system for counting the number of persons entering or leaving a building.\nmanual counting system means a counting system other than an automatic counting system.\na staff member issuing a numbered ticket to each person entering the building and a pass out to each person leaving the building\na staff member clicking a counting device once for each person entering or leaving the building\ns 147O (prev s 104KM) ins 2006 No. 49 s 27\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.147O-ssec.1) This section does not apply if— the building is only a part of a licensed building; or the occupancy number for the building is less than 200.\n(sec.147O-ssec.2) The occupier must ensure the required counting system is implemented at all times the building is open to the public. Maximum penalty—50 penalty units.\n(sec.147O-ssec.3) The required counting system is— if the occupancy number is at least 200 but less than 1,000—a manual counting system or an automatic counting system; or if the occupancy number is at least 1,000—an automatic counting system.\n(sec.147O-ssec.4) In this section— automatic counting system means a counting system capable of operating without human intervention. a machine that counts the number of persons passing through an entrance after detecting them by way of a light beam across the doorway or a sensor under the floor counting system means a system for counting the number of persons entering or leaving a building. manual counting system means a counting system other than an automatic counting system. a staff member issuing a numbered ticket to each person entering the building and a pass out to each person leaving the building a staff member clicking a counting device once for each person entering or leaving the building\n- (a) the building is only a part of a licensed building; or\n- (b) the occupancy number for the building is less than 200.\n- (a) if the occupancy number is at least 200 but less than 1,000—a manual counting system or an automatic counting system; or\n- (b) if the occupancy number is at least 1,000—an automatic counting system.\n- • a staff member issuing a numbered ticket to each person entering the building and a pass out to each person leaving the building\n- • a staff member clicking a counting device once for each person entering or leaving the building","sortOrder":233},{"sectionNumber":"sec.147P","sectionType":"section","heading":"Displaying signs stating the occupancy number","content":"### sec.147P Displaying signs stating the occupancy number\n\nThis section does not apply if—\nthe building is only a part of a licensed building; or\nthe occupancy number for the building is less than 200.\nThe occupier must display conspicuously above each public entrance to the building a sign stating the occupancy number for the building.\nMaximum penalty—50 penalty units.\ns 147P (prev s 104KN) ins 2006 No. 49 s 27\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.147P-ssec.1) This section does not apply if— the building is only a part of a licensed building; or the occupancy number for the building is less than 200.\n(sec.147P-ssec.2) The occupier must display conspicuously above each public entrance to the building a sign stating the occupancy number for the building. Maximum penalty—50 penalty units.\n- (a) the building is only a part of a licensed building; or\n- (b) the occupancy number for the building is less than 200.","sortOrder":234},{"sectionNumber":"sec.147Q","sectionType":"section","heading":"Including the occupancy number in the fire and evacuation plan","content":"### sec.147Q Including the occupancy number in the fire and evacuation plan\n\nThe occupancy number must be stated in the occupier’s fire and evacuation plan.\nMaximum penalty—50 penalty units.\ns 147Q (prev s 104KO) ins 2006 No. 49 s 27\nreloc and renum 2024 No. 22 s 56 (2)","sortOrder":235},{"sectionNumber":"sec.147R","sectionType":"section","heading":"Notifying the commissioner of relevant changes","content":"### sec.147R Notifying the commissioner of relevant changes\n\nIf any of the matters stated in section 147F (2) changes in a way that may increase the risk of overcrowding for the building, the occupier must immediately give written notice to the commissioner.\nMaximum penalty—50 penalty units.\nIf a person stops being the occupier of the building, the person must immediately give written notice to the commissioner.\nMaximum penalty—50 penalty units.\ns 147R (prev s 104KP) ins 2006 No. 49 s 27\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.147R-ssec.1) If any of the matters stated in section 147F (2) changes in a way that may increase the risk of overcrowding for the building, the occupier must immediately give written notice to the commissioner. Maximum penalty—50 penalty units.\n(sec.147R-ssec.2) If a person stops being the occupier of the building, the person must immediately give written notice to the commissioner. Maximum penalty—50 penalty units.","sortOrder":236},{"sectionNumber":"sec.147S","sectionType":"section","heading":"Action if an officer knows or suspects the occupancy number is being exceeded","content":"### sec.147S Action if an officer knows or suspects the occupancy number is being exceeded\n\nThis section applies if, at any time, an authorised fire officer knows or reasonably suspects the number of persons in the building is more than the occupancy number for the building.\nThe officer may require the occupier to do, or stop doing, a stated thing for the purpose of reducing the number of persons in the building or reducing the risk to the safety of persons in the building.\nThe officer may, for example, ask the occupier to—\nstop anyone else entering the building; or\nstop serving alcohol in the building; or\nturn on the lights in the building; or\nstop music being played or other entertainment happening in the building; or\nask persons in the building to leave.\nThe requirement may be made orally or in writing.\nIf the requirement is made orally, the officer must confirm the requirement in writing as soon as practicable.\nThe occupier must comply with the requirement unless the occupier has a reasonable excuse.\nMaximum penalty—50 penalty units.\nThis section does not limit another power of the officer under this Act.\nIn this section—\noccupier includes a person in charge, or apparently in charge, of the building.\ns 147S (prev s 104KQ) ins 2006 No. 49 s 27\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.147S-ssec.1) This section applies if, at any time, an authorised fire officer knows or reasonably suspects the number of persons in the building is more than the occupancy number for the building.\n(sec.147S-ssec.2) The officer may require the occupier to do, or stop doing, a stated thing for the purpose of reducing the number of persons in the building or reducing the risk to the safety of persons in the building.\n(sec.147S-ssec.3) The officer may, for example, ask the occupier to— stop anyone else entering the building; or stop serving alcohol in the building; or turn on the lights in the building; or stop music being played or other entertainment happening in the building; or ask persons in the building to leave.\n(sec.147S-ssec.4) The requirement may be made orally or in writing.\n(sec.147S-ssec.5) If the requirement is made orally, the officer must confirm the requirement in writing as soon as practicable.\n(sec.147S-ssec.6) The occupier must comply with the requirement unless the occupier has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.147S-ssec.7) This section does not limit another power of the officer under this Act.\n(sec.147S-ssec.8) In this section— occupier includes a person in charge, or apparently in charge, of the building.\n- (a) stop anyone else entering the building; or\n- (b) stop serving alcohol in the building; or\n- (c) turn on the lights in the building; or\n- (d) stop music being played or other entertainment happening in the building; or\n- (e) ask persons in the building to leave.","sortOrder":237},{"sectionNumber":"sec.147T","sectionType":"section","heading":"Commissioner may give copies of notices to chief executive (liquor licensing)","content":"### sec.147T Commissioner may give copies of notices to chief executive (liquor licensing)\n\nThe commissioner may give copies of occupancy notices to the chief executive (liquor licensing).\ns 147T (prev s 104KR) ins 2006 No. 49 s 27\nreloc and renum 2024 No. 22 s 56 (2)","sortOrder":238},{"sectionNumber":"sec.147U","sectionType":"section","heading":"Commissioner may publish occupancy numbers","content":"### sec.147U Commissioner may publish occupancy numbers\n\nFor the performance of QFR’s functions, the commissioner may publish the occupancy numbers for buildings to the public.\ns 147U (prev s 104KS) ins 2006 No. 49 s 27\namd 2014 No. 17 s 97 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)","sortOrder":239},{"sectionNumber":"ch.4A-pt.4-div.5","sectionType":"division","heading":"Injunctions relating to high risk buildings","content":"## Injunctions relating to high risk buildings","sortOrder":240},{"sectionNumber":"sec.147V","sectionType":"section","heading":"Injunctions","content":"### sec.147V Injunctions\n\nWhere the commissioner is satisfied in relation to any building that the risk to persons in the event of fire, or in the event of a hazardous materials emergency, or the risk of spread of fire is so serious that the use of the building should be prohibited or restricted until steps have been taken to reduce the risk to a reasonable level, the commissioner, by action in the Supreme Court, may claim against the occupier of the building an injunction prohibiting or restricting the use of the building.\nJurisdiction is hereby conferred upon the Supreme Court and a judge thereof to hear and determine any such action and to grant an injunction to prohibit or restrict the use of the building.\nAn injunction may be—\nfor a limited period of time specified in the order or for an indefinite period of time;\nin respect of every use of a building or for a use or uses specified in the order.\nUnless the contrary intention appears in the terms of the injunction, an injunction against any occupier of a building is taken to be made against all the occupiers from time to time of the building.\ns 147V (prev s 104R) ins 1991 No. 51 s 3 0.17\namd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2006 No. 49 s 36\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.147V-ssec.1) Where the commissioner is satisfied in relation to any building that the risk to persons in the event of fire, or in the event of a hazardous materials emergency, or the risk of spread of fire is so serious that the use of the building should be prohibited or restricted until steps have been taken to reduce the risk to a reasonable level, the commissioner, by action in the Supreme Court, may claim against the occupier of the building an injunction prohibiting or restricting the use of the building.\n(sec.147V-ssec.2) Jurisdiction is hereby conferred upon the Supreme Court and a judge thereof to hear and determine any such action and to grant an injunction to prohibit or restrict the use of the building.\n(sec.147V-ssec.3) An injunction may be— for a limited period of time specified in the order or for an indefinite period of time; in respect of every use of a building or for a use or uses specified in the order.\n(sec.147V-ssec.4) Unless the contrary intention appears in the terms of the injunction, an injunction against any occupier of a building is taken to be made against all the occupiers from time to time of the building.\n- (a) for a limited period of time specified in the order or for an indefinite period of time;\n- (b) in respect of every use of a building or for a use or uses specified in the order.","sortOrder":241},{"sectionNumber":"ch.4A-pt.4-div.5A","sectionType":"division","heading":"Smoke alarms for domestic dwellings","content":"## Smoke alarms for domestic dwellings","sortOrder":242},{"sectionNumber":"sec.147W","sectionType":"section","heading":"Definitions for div 5A","content":"### sec.147W Definitions for div 5A\n\nIn this division—\nchief executive (land) ...\ns 147W def chief executive (land) om 2016 No. 45 s 4 (1)\nclass 1a building means a building classified as a class 1a building under the Building Code of Australia.\ns 147W def class 1a building sub 2016 No. 45 s 4 (1) – (2)\nclass 2 building ...\ns 147W def class 2 building om 2016 No. 45 s 4 (1)\ndate of possession , for residential land, means the date the transferee of the land enters into possession of the land.\ndomestic dwelling means—\na class 1a building; or\na sole-occupancy unit in a class 2 building.\nform of assignment ...\ns 147W def form of assignment om 2016 No. 45 s 4 (1)\nhome owner ...\ns 147W def home owner om 2016 No. 45 s 4 (1)\ninformation statement , in relation to a tenant, means the statement given to the tenant under the Residential Tenancies and Rooming Accommodation Act 2008 , section 67 .\ns 147W def information statement amd 2008 No. 73 s 554 sch 1\nlessor means a lessor within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008 , but does not include a tenant who has given, or is to give, the right to occupy residential premises to a subtenant.\ns 147W def lessor amd 2008 No. 73 s 554 sch 1\nmanufactured home ...\ns 147W def manufactured home om 2016 No. 45 s 4 (1)\nmanufacturer’s instructions ...\ns 147W def manufacturer’s instructions om 2024 No. 22 s 92 sch 1\nproperty transfer information form ...\ns 147W def property transfer information form om 2016 No. 45 s 4 (1)\noperates when tested , for a smoke alarm, see section 147X .\ns 147W def operates when tested ins 2016 No. 45 s 4 (2)\namd 2024 No. 22 s 92 sch 1\nregistrar ...\ns 147W def registrar om 2016 No. 45 s 4 (1)\nresidential land means land on which a domestic dwelling is constructed.\nresidential park ...\ns 147W def residential park om 2016 No. 45 s 4 (1)\nsite ...\ns 147W def site om 2016 No. 45 s 4 (1)\nsite agreement ...\ns 147W def site agreement om 2016 No. 45 s 4 (1)\nsmoke alarm information see section 148J .\ns 147W def smoke alarm information amd 2024 No. 22 s 92 sch 1\nsmoke alarm requirement provision means each of the following—\nsection 147Y ;\nsection 147Z .\ns 147W def smoke alarm requirement provision ins 2016 No. 45 s 4 (2)\namd 2024 No. 22 s 92 sch 1\nsole-occupancy unit ...\ns 147W def sole-occupancy unit om 2016 No. 45 s 4 (1)\nsole-occupancy unit in a class 2 building means a sole-occupancy unit, as defined under the Building Code of Australia, in a building classified as a class 2 building under that Code.\ns 147W def sole-occupancy unit in a class 2 building ins 2016 No. 45 s 4 (2)\ntenancy means the right to occupy residential premises given under a residential tenancy agreement to which the Residential Tenancies and Rooming Accommodation Act 2008 applies.\ns 147W def tenancy ins 2016 No. 45 s 4 (2)\ntenant means a person to whom the right to occupy residential premises is given under a residential tenancy agreement to which the Residential Tenancies and Rooming Accommodation Act 2008 applies, and includes the subtenant of a tenant.\ns 147W def tenant amd 2008 No. 73 s 554 sch 1\ntransfer date , for residential land, means the date the transferee of the land is entitled to possession of the land.\ntransferee , of residential land, means the person who, on becoming entitled to possession of the land, may lodge an application for registration—\nunder the Land Act 1994 , as a lessee, or personal representative of a deceased lessee, of the land; or\nunder the Land Title Act 1994 , as an owner, or personal representative of a deceased owner, of the land.\ntransferor , of residential land, means—\nif, immediately before the transfer date for the residential land, a mortgagee is in possession of the land—the mortgagee in possession; or\notherwise—the person registered, immediately before the transfer date for the land—\nunder the Land Act 1994 , as a lessee, or personal representative of a deceased lessee, of the land; or\nunder the Land Title Act 1994 , as an owner, or the personal representative of a deceased owner, of the land.\ns 147W def transferor amd 2023 No. 27 s 289 sch 3\nSubsection (1) , definition smoke alarm requirement provision , paragraph (a) and this subsection expire on 31 December 2026.\ns 147W (prev s 104RA) ins 2006 No. 49 s 37\namd 2016 No. 45 s 4 (3)\nreloc and renum 2024 No. 22 s 56 (2)\n(1) def smoke alarm requirement provision paragraph (a) and (2) exp 31 December 2026 (see s 147W(2))\n(sec.147W-ssec.1) In this division— chief executive (land) ... s 147W def chief executive (land) om 2016 No. 45 s 4 (1) class 1a building means a building classified as a class 1a building under the Building Code of Australia. s 147W def class 1a building sub 2016 No. 45 s 4 (1) – (2) class 2 building ... s 147W def class 2 building om 2016 No. 45 s 4 (1) date of possession , for residential land, means the date the transferee of the land enters into possession of the land. domestic dwelling means— a class 1a building; or a sole-occupancy unit in a class 2 building. form of assignment ... s 147W def form of assignment om 2016 No. 45 s 4 (1) home owner ... s 147W def home owner om 2016 No. 45 s 4 (1) information statement , in relation to a tenant, means the statement given to the tenant under the Residential Tenancies and Rooming Accommodation Act 2008 , section 67 . s 147W def information statement amd 2008 No. 73 s 554 sch 1 lessor means a lessor within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008 , but does not include a tenant who has given, or is to give, the right to occupy residential premises to a subtenant. s 147W def lessor amd 2008 No. 73 s 554 sch 1 manufactured home ... s 147W def manufactured home om 2016 No. 45 s 4 (1) manufacturer’s instructions ... s 147W def manufacturer’s instructions om 2024 No. 22 s 92 sch 1 property transfer information form ... s 147W def property transfer information form om 2016 No. 45 s 4 (1) operates when tested , for a smoke alarm, see section 147X . s 147W def operates when tested ins 2016 No. 45 s 4 (2) amd 2024 No. 22 s 92 sch 1 registrar ... s 147W def registrar om 2016 No. 45 s 4 (1) residential land means land on which a domestic dwelling is constructed. residential park ... s 147W def residential park om 2016 No. 45 s 4 (1) site ... s 147W def site om 2016 No. 45 s 4 (1) site agreement ... s 147W def site agreement om 2016 No. 45 s 4 (1) smoke alarm information see section 148J . s 147W def smoke alarm information amd 2024 No. 22 s 92 sch 1 smoke alarm requirement provision means each of the following— section 147Y ; section 147Z . s 147W def smoke alarm requirement provision ins 2016 No. 45 s 4 (2) amd 2024 No. 22 s 92 sch 1 sole-occupancy unit ... s 147W def sole-occupancy unit om 2016 No. 45 s 4 (1) sole-occupancy unit in a class 2 building means a sole-occupancy unit, as defined under the Building Code of Australia, in a building classified as a class 2 building under that Code. s 147W def sole-occupancy unit in a class 2 building ins 2016 No. 45 s 4 (2) tenancy means the right to occupy residential premises given under a residential tenancy agreement to which the Residential Tenancies and Rooming Accommodation Act 2008 applies. s 147W def tenancy ins 2016 No. 45 s 4 (2) tenant means a person to whom the right to occupy residential premises is given under a residential tenancy agreement to which the Residential Tenancies and Rooming Accommodation Act 2008 applies, and includes the subtenant of a tenant. s 147W def tenant amd 2008 No. 73 s 554 sch 1 transfer date , for residential land, means the date the transferee of the land is entitled to possession of the land. transferee , of residential land, means the person who, on becoming entitled to possession of the land, may lodge an application for registration— under the Land Act 1994 , as a lessee, or personal representative of a deceased lessee, of the land; or under the Land Title Act 1994 , as an owner, or personal representative of a deceased owner, of the land. transferor , of residential land, means— if, immediately before the transfer date for the residential land, a mortgagee is in possession of the land—the mortgagee in possession; or otherwise—the person registered, immediately before the transfer date for the land— under the Land Act 1994 , as a lessee, or personal representative of a deceased lessee, of the land; or under the Land Title Act 1994 , as an owner, or the personal representative of a deceased owner, of the land. s 147W def transferor amd 2023 No. 27 s 289 sch 3\n(sec.147W-ssec.2) Subsection (1) , definition smoke alarm requirement provision , paragraph (a) and this subsection expire on 31 December 2026.\n- (a) a class 1a building; or\n- (b) a sole-occupancy unit in a class 2 building.\n- (a) section 147Y ;\n- (b) section 147Z .\n- (a) under the Land Act 1994 , as a lessee, or personal representative of a deceased lessee, of the land; or\n- (b) under the Land Title Act 1994 , as an owner, or personal representative of a deceased owner, of the land.\n- (a) if, immediately before the transfer date for the residential land, a mortgagee is in possession of the land—the mortgagee in possession; or\n- (b) otherwise—the person registered, immediately before the transfer date for the land— (i) under the Land Act 1994 , as a lessee, or personal representative of a deceased lessee, of the land; or (ii) under the Land Title Act 1994 , as an owner, or the personal representative of a deceased owner, of the land.\n- (i) under the Land Act 1994 , as a lessee, or personal representative of a deceased lessee, of the land; or\n- (ii) under the Land Title Act 1994 , as an owner, or the personal representative of a deceased owner, of the land.\n- (i) under the Land Act 1994 , as a lessee, or personal representative of a deceased lessee, of the land; or\n- (ii) under the Land Title Act 1994 , as an owner, or the personal representative of a deceased owner, of the land.","sortOrder":243},{"sectionNumber":"sec.147X","sectionType":"section","heading":"When smoke alarm operates when tested","content":"### sec.147X When smoke alarm operates when tested\n\nA smoke alarm operates when tested if it operates when tested in a way required under subsection (3) .\nAlso, a smoke alarm powered by a battery that is capable of being replaced operates when tested if—\nthe battery in the smoke alarm is replaced; and\nafter the battery is replaced, the smoke alarm operates when tested in the way required under subsection (3) .\nA smoke alarm installed in a domestic dwelling must be tested as follows—\nfor an alarm that can be tested by pressing a button or other device to indicate whether the alarm is capable of detecting smoke—by pressing the button or other device;\notherwise—\nby being tested by the owner of the dwelling in the way stated in the manufacturer’s instructions; or\nby being tested by a tenant of the dwelling in the way stated in the information statement.\ns 147X (prev s 104RAA) ins 2016 No. 45 s 5\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.147X-ssec.1) A smoke alarm operates when tested if it operates when tested in a way required under subsection (3) .\n(sec.147X-ssec.2) Also, a smoke alarm powered by a battery that is capable of being replaced operates when tested if— the battery in the smoke alarm is replaced; and after the battery is replaced, the smoke alarm operates when tested in the way required under subsection (3) .\n(sec.147X-ssec.3) A smoke alarm installed in a domestic dwelling must be tested as follows— for an alarm that can be tested by pressing a button or other device to indicate whether the alarm is capable of detecting smoke—by pressing the button or other device; otherwise— by being tested by the owner of the dwelling in the way stated in the manufacturer’s instructions; or by being tested by a tenant of the dwelling in the way stated in the information statement.\n- (a) the battery in the smoke alarm is replaced; and\n- (b) after the battery is replaced, the smoke alarm operates when tested in the way required under subsection (3) .\n- (a) for an alarm that can be tested by pressing a button or other device to indicate whether the alarm is capable of detecting smoke—by pressing the button or other device;\n- (b) otherwise— (i) by being tested by the owner of the dwelling in the way stated in the manufacturer’s instructions; or (ii) by being tested by a tenant of the dwelling in the way stated in the information statement.\n- (i) by being tested by the owner of the dwelling in the way stated in the manufacturer’s instructions; or\n- (ii) by being tested by a tenant of the dwelling in the way stated in the information statement.\n- (i) by being tested by the owner of the dwelling in the way stated in the manufacturer’s instructions; or\n- (ii) by being tested by a tenant of the dwelling in the way stated in the information statement.","sortOrder":244},{"sectionNumber":"sec.147Y","sectionType":"section","heading":"Owner must install smoke alarm—requirements being phased out by 31 December 2026","content":"### sec.147Y Owner must install smoke alarm—requirements being phased out by 31 December 2026\n\nThe requirements in this section will not apply after 31 December 2026. However, before this section expires, these requirements are replaced by the requirements in section 147Z in particular circumstances.\nThe owner of a domestic dwelling must install smoke alarms in the dwelling in compliance with this section.\nMaximum penalty—5 penalty units.\nHowever, this section does not apply to a domestic dwelling if section 147Z applies to the dwelling.\nEach smoke alarm must comply with AS 3786–2014 (Australian standard for smoke alarms using scattered light, transmitted light or ionization) and must be installed in accordance with—\nfor a sole-occupancy unit in a class 2 building—specification E 2.2a, clause 3(c)(i) of the Building Code of Australia as in effect on 1 January 2017; or\nfor a class 1a building—specification 3.7.2.3 of the Building Code of Australia as in effect on 1 January 2017.\nThis section expires on 31 December 2026.\ns 147Y (prev s 104RB) ins 2006 No. 49 s 37\namd 2016 No. 45 s 6 ; 2023 No. 7 s 15 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\nexp 31 December 2026 (see s 147Y(3))\n(sec.147Y-ssec.1) The owner of a domestic dwelling must install smoke alarms in the dwelling in compliance with this section. Maximum penalty—5 penalty units.\n(sec.147Y-ssec.1A) However, this section does not apply to a domestic dwelling if section 147Z applies to the dwelling.\n(sec.147Y-ssec.2) Each smoke alarm must comply with AS 3786–2014 (Australian standard for smoke alarms using scattered light, transmitted light or ionization) and must be installed in accordance with— for a sole-occupancy unit in a class 2 building—specification E 2.2a, clause 3(c)(i) of the Building Code of Australia as in effect on 1 January 2017; or for a class 1a building—specification 3.7.2.3 of the Building Code of Australia as in effect on 1 January 2017.\n(sec.147Y-ssec.3) This section expires on 31 December 2026.\n- (a) for a sole-occupancy unit in a class 2 building—specification E 2.2a, clause 3(c)(i) of the Building Code of Australia as in effect on 1 January 2017; or\n- (b) for a class 1a building—specification 3.7.2.3 of the Building Code of Australia as in effect on 1 January 2017.","sortOrder":245},{"sectionNumber":"sec.147Z","sectionType":"section","heading":"Owner must install smoke alarm","content":"### sec.147Z Owner must install smoke alarm\n\nThis section applies to a domestic dwelling if—\nan application for a building development approval is made after 31 December 2016; and\nthe building work to which the application relates is a substantial renovation; and\na final inspection certificate or certificate of occupancy is issued for the building work.\nThis section also applies to a domestic dwelling if, after 31 December 2021—\nthe owner of the residential land on which the dwelling is constructed enters into an agreement to transfer the land to another person; or\na new tenancy for the dwelling starts or an existing tenancy for the dwelling is renewed.\nThe owner of a domestic dwelling must install smoke alarms in the dwelling in compliance with this section.\nMaximum penalty—5 penalty units.\nA smoke alarm must be installed in each place in the domestic dwelling required by a regulation.\nEach smoke alarm must—\nbe powered in a way prescribed by regulation; and\ncomply with other requirements prescribed by regulation; and\nhave been manufactured less than 10 years before the smoke alarm is installed; and\noperate when tested; and\nbe interconnected to every other smoke alarm installed in the domestic dwelling.\nA smoke alarm (the first smoke alarm ) is interconnected to another smoke alarm if—\nthe first smoke alarm sounds an alert if the other smoke alarm is activated because its sensor detects smoke; and\nthe other smoke alarm sounds an alert if the first smoke alarm is activated because its sensor detects smoke.\nSubsections (1) and (2) and this subsection expire on 31 December 2026.\nBuilding work is a substantial renovation if—\nthe building work is carried out under a building development approval for alterations to an existing building or structure; and\nthe alterations, and any previous structural alterations approved or completed in the previous 3 years, represent more than half of the volume of the existing building or structure, measured over its roof and external walls.\nIn this section—\nbuilding development approval see the Building Act 1975 , schedule 2 .\nbuilding work see the Building Act 1975 , section 5 .\ncertificate of occupancy see the Building Act 1975 , schedule 2 .\nfinal inspection certificate see the Building Act 1975 , section 10 (d) (ii) .\ns 147Z (prev s 104RBA) ins 2016 No. 45 s 7\namd 2020 No. 24 s 153 s ch 1 pt 2\nreloc and renum 2024 No. 22 s 56 (2)\n(1)–(2) and (7) exp 31 December 2026 (see s 147Z(7))\n(sec.147Z-ssec.1) This section applies to a domestic dwelling if— an application for a building development approval is made after 31 December 2016; and the building work to which the application relates is a substantial renovation; and a final inspection certificate or certificate of occupancy is issued for the building work.\n(sec.147Z-ssec.2) This section also applies to a domestic dwelling if, after 31 December 2021— the owner of the residential land on which the dwelling is constructed enters into an agreement to transfer the land to another person; or a new tenancy for the dwelling starts or an existing tenancy for the dwelling is renewed.\n(sec.147Z-ssec.3) The owner of a domestic dwelling must install smoke alarms in the dwelling in compliance with this section. Maximum penalty—5 penalty units.\n(sec.147Z-ssec.4) A smoke alarm must be installed in each place in the domestic dwelling required by a regulation.\n(sec.147Z-ssec.5) Each smoke alarm must— be powered in a way prescribed by regulation; and comply with other requirements prescribed by regulation; and have been manufactured less than 10 years before the smoke alarm is installed; and operate when tested; and be interconnected to every other smoke alarm installed in the domestic dwelling.\n(sec.147Z-ssec.6) A smoke alarm (the first smoke alarm ) is interconnected to another smoke alarm if— the first smoke alarm sounds an alert if the other smoke alarm is activated because its sensor detects smoke; and the other smoke alarm sounds an alert if the first smoke alarm is activated because its sensor detects smoke.\n(sec.147Z-ssec.7) Subsections (1) and (2) and this subsection expire on 31 December 2026.\n(sec.147Z-ssec.8) Building work is a substantial renovation if— the building work is carried out under a building development approval for alterations to an existing building or structure; and the alterations, and any previous structural alterations approved or completed in the previous 3 years, represent more than half of the volume of the existing building or structure, measured over its roof and external walls.\n(sec.147Z-ssec.9) In this section— building development approval see the Building Act 1975 , schedule 2 . building work see the Building Act 1975 , section 5 . certificate of occupancy see the Building Act 1975 , schedule 2 . final inspection certificate see the Building Act 1975 , section 10 (d) (ii) .\n- (a) an application for a building development approval is made after 31 December 2016; and\n- (b) the building work to which the application relates is a substantial renovation; and\n- (c) a final inspection certificate or certificate of occupancy is issued for the building work.\n- (a) the owner of the residential land on which the dwelling is constructed enters into an agreement to transfer the land to another person; or\n- (b) a new tenancy for the dwelling starts or an existing tenancy for the dwelling is renewed.\n- (a) be powered in a way prescribed by regulation; and\n- (b) comply with other requirements prescribed by regulation; and\n- (c) have been manufactured less than 10 years before the smoke alarm is installed; and\n- (d) operate when tested; and\n- (e) be interconnected to every other smoke alarm installed in the domestic dwelling.\n- (a) the first smoke alarm sounds an alert if the other smoke alarm is activated because its sensor detects smoke; and\n- (b) the other smoke alarm sounds an alert if the first smoke alarm is activated because its sensor detects smoke.\n- (a) the building work is carried out under a building development approval for alterations to an existing building or structure; and\n- (b) the alterations, and any previous structural alterations approved or completed in the previous 3 years, represent more than half of the volume of the existing building or structure, measured over its roof and external walls.","sortOrder":246},{"sectionNumber":"sec.148","sectionType":"section","heading":"Alternative compliance with smoke alarm requirement provision","content":"### sec.148 Alternative compliance with smoke alarm requirement provision\n\nAn owner of a sole-occupancy unit in a class 2 building is taken to comply with a smoke alarm requirement provision if a smoke detection system that complies with the Building Code of Australia, specification E2.2a, clause 4 is installed in the unit.\nIf it is impracticable for an owner of a domestic dwelling to put a smoke alarm at the location required under a smoke alarm requirement provision, the owner may put the alarm at another location that will provide a warning to occupants of the dwelling.\nA smoke alarm that is regularly activated by steam from a bathroom or smoke or fumes from a kitchen may be moved to another appropriate location.\nThis section applies despite a smoke alarm requirement provision.\ns 148 prev s 148 amd 1995 No. 55 s 36\nsub 2006 No. 49 s 46 ; 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 148 (prev s 104RBB) ins 2016 No. 45 s 7\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.148-ssec.1) An owner of a sole-occupancy unit in a class 2 building is taken to comply with a smoke alarm requirement provision if a smoke detection system that complies with the Building Code of Australia, specification E2.2a, clause 4 is installed in the unit.\n(sec.148-ssec.2) If it is impracticable for an owner of a domestic dwelling to put a smoke alarm at the location required under a smoke alarm requirement provision, the owner may put the alarm at another location that will provide a warning to occupants of the dwelling. A smoke alarm that is regularly activated by steam from a bathroom or smoke or fumes from a kitchen may be moved to another appropriate location.\n(sec.148-ssec.3) This section applies despite a smoke alarm requirement provision.","sortOrder":247},{"sectionNumber":"sec.148A","sectionType":"section","heading":"Owner must replace smoke alarm","content":"### sec.148A Owner must replace smoke alarm\n\nThe owner of a domestic dwelling must replace a smoke alarm in the dwelling under this section within 10 years after the day the smoke alarm was manufactured.\nMaximum penalty—5 penalty units.\nAlso, if a smoke alarm in a domestic dwelling does not operate when tested, the owner of the dwelling must immediately replace the smoke alarm under this section.\nMaximum penalty—5 penalty units.\nIf the smoke alarm being replaced was hardwired to the domestic dwelling’s electricity supply, the replacement smoke alarm must be hardwired to the dwelling’s electricity supply.\nAlso, the replacement smoke alarm must—\nif section 147Y applies to the domestic dwelling—comply with section 147Z (5) (b) to (d) ; or\nif section 147Z applies to the domestic dwelling—comply with section 147Z (5) .\nSubsection (4) (a) and this subsection expire on 31 December 2026.\ns 148A prev s 148A ins 2006 No. 49 s 46\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 148A (prev s 104RC) ins 2006 No. 49 s 37\nsub 2016 No. 45 s 8\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\n(4)(a) and (5) exp 31 December 2026 (see s 148A(5))\n(sec.148A-ssec.1) The owner of a domestic dwelling must replace a smoke alarm in the dwelling under this section within 10 years after the day the smoke alarm was manufactured. Maximum penalty—5 penalty units.\n(sec.148A-ssec.2) Also, if a smoke alarm in a domestic dwelling does not operate when tested, the owner of the dwelling must immediately replace the smoke alarm under this section. Maximum penalty—5 penalty units.\n(sec.148A-ssec.3) If the smoke alarm being replaced was hardwired to the domestic dwelling’s electricity supply, the replacement smoke alarm must be hardwired to the dwelling’s electricity supply.\n(sec.148A-ssec.4) Also, the replacement smoke alarm must— if section 147Y applies to the domestic dwelling—comply with section 147Z (5) (b) to (d) ; or if section 147Z applies to the domestic dwelling—comply with section 147Z (5) .\n(sec.148A-ssec.5) Subsection (4) (a) and this subsection expire on 31 December 2026.\n- (a) if section 147Y applies to the domestic dwelling—comply with section 147Z (5) (b) to (d) ; or\n- (b) if section 147Z applies to the domestic dwelling—comply with section 147Z (5) .","sortOrder":248},{"sectionNumber":"sec.148B","sectionType":"section","heading":"Testing smoke alarms","content":"### sec.148B Testing smoke alarms\n\nWithin 30 days before the start of a tenancy in a domestic dwelling, the lessor must test each smoke alarm in the dwelling in compliance with section 147X .\nMaximum penalty—5 penalty units.\nDuring a tenancy in a domestic dwelling, the tenant must test each smoke alarm in the dwelling, in compliance with section 147X , at least once every 12 months.\nMaximum penalty—5 penalty units.\ns 148B prev s 148B ins 2006 No. 49 s 46\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 148B (prev s 104RD) ins 2006 No. 49 s 37\namd 2016 No. 45 s 9 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.148B-ssec.1) Within 30 days before the start of a tenancy in a domestic dwelling, the lessor must test each smoke alarm in the dwelling in compliance with section 147X . Maximum penalty—5 penalty units.\n(sec.148B-ssec.2) During a tenancy in a domestic dwelling, the tenant must test each smoke alarm in the dwelling, in compliance with section 147X , at least once every 12 months. Maximum penalty—5 penalty units.","sortOrder":249},{"sectionNumber":"sec.148C","sectionType":"section","heading":"Replacing the batteries","content":"### sec.148C Replacing the batteries\n\nThis section applies to batteries in smoke alarms installed in a domestic dwelling.\nWithin 30 days before the start of a tenancy in the dwelling, the lessor must replace, in accordance with the manufacturer’s instructions, each battery that is spent or that the lessor is aware is almost spent.\nMaximum penalty—5 penalty units.\nDuring a tenancy in the dwelling, the tenant must replace, in accordance with the information statement, each battery that is spent or that the tenant is aware is almost spent.\nMaximum penalty—5 penalty units.\nA smoke alarm may emit a warning signal (for example, a chirping sound) when its battery is almost spent.\ns 148C prev s 148C ins 2006 No. 49 s 46\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 148C (prev s 104RE) ins 2006 No. 49 s 37\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.148C-ssec.1) This section applies to batteries in smoke alarms installed in a domestic dwelling.\n(sec.148C-ssec.2) Within 30 days before the start of a tenancy in the dwelling, the lessor must replace, in accordance with the manufacturer’s instructions, each battery that is spent or that the lessor is aware is almost spent. Maximum penalty—5 penalty units.\n(sec.148C-ssec.3) During a tenancy in the dwelling, the tenant must replace, in accordance with the information statement, each battery that is spent or that the tenant is aware is almost spent. Maximum penalty—5 penalty units. A smoke alarm may emit a warning signal (for example, a chirping sound) when its battery is almost spent.","sortOrder":250},{"sectionNumber":"sec.148D","sectionType":"section","heading":"Tenant must advise lessor if smoke alarm needs replacing","content":"### sec.148D Tenant must advise lessor if smoke alarm needs replacing\n\nThis section applies during a tenancy in a domestic dwelling.\nIf the tenant is aware a smoke alarm in the dwelling has failed or is about to fail, other than because the battery is spent or almost spent, the tenant must advise the lessor as soon as practicable.\nMaximum penalty—5 penalty units.\ns 148D prev s 148D ins 2006 No. 49 s 46\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 148D (prev s 104RF) ins 2006 No. 49 s 37\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.148D-ssec.1) This section applies during a tenancy in a domestic dwelling.\n(sec.148D-ssec.2) If the tenant is aware a smoke alarm in the dwelling has failed or is about to fail, other than because the battery is spent or almost spent, the tenant must advise the lessor as soon as practicable. Maximum penalty—5 penalty units.","sortOrder":251},{"sectionNumber":"sec.148E","sectionType":"section","heading":"Cleaning smoke alarms","content":"### sec.148E Cleaning smoke alarms\n\nWithin 30 days before the start of a tenancy in a domestic dwelling, the lessor must clean each smoke alarm in the dwelling in the way stated in the manufacturer’s instructions.\nMaximum penalty—5 penalty units.\nDuring a tenancy in a domestic dwelling, the tenant must clean each smoke alarm in the dwelling, in the way stated in the information statement, at least once every 12 months.\nMaximum penalty—5 penalty units.\nThe manufacturer’s instructions or information statement may require cleaning with a vacuum cleaner to remove dust and other materials that may hinder smoke alarm performance.\ns 148E prev s 148E ins 2006 No. 49 s 46\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 148E (prev s 104RG) ins 2006 No. 49 s 37\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.148E-ssec.1) Within 30 days before the start of a tenancy in a domestic dwelling, the lessor must clean each smoke alarm in the dwelling in the way stated in the manufacturer’s instructions. Maximum penalty—5 penalty units.\n(sec.148E-ssec.2) During a tenancy in a domestic dwelling, the tenant must clean each smoke alarm in the dwelling, in the way stated in the information statement, at least once every 12 months. Maximum penalty—5 penalty units. The manufacturer’s instructions or information statement may require cleaning with a vacuum cleaner to remove dust and other materials that may hinder smoke alarm performance.","sortOrder":252},{"sectionNumber":"sec.148F","sectionType":"section","heading":"Person must not interfere with smoke alarm","content":"### sec.148F Person must not interfere with smoke alarm\n\nA person must not—\nremove a smoke alarm installed in a domestic dwelling; or\nremove the battery from a smoke alarm installed in a domestic dwelling; or\ndo anything that would reduce the effectiveness of the warning provided by a smoke alarm installed in a domestic dwelling.\nMaximum penalty—5 penalty units.\nHowever, nothing in this section stops a person from doing any of the following—\nremoving a smoke alarm to comply with section 148A ;\nremoving a smoke alarm to put it in a location that complies with this division;\nremoving the battery from a smoke alarm to comply with section 148C .\ns 148F prev s 148F ins 2006 No. 49 s 46\nom 2014 No. 17 s 100\npres s 148F (prev s 104RH) ins 2006 No. 49 s 37\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.148F-ssec.1) A person must not— remove a smoke alarm installed in a domestic dwelling; or remove the battery from a smoke alarm installed in a domestic dwelling; or do anything that would reduce the effectiveness of the warning provided by a smoke alarm installed in a domestic dwelling. Maximum penalty—5 penalty units.\n(sec.148F-ssec.2) However, nothing in this section stops a person from doing any of the following— removing a smoke alarm to comply with section 148A ; removing a smoke alarm to put it in a location that complies with this division; removing the battery from a smoke alarm to comply with section 148C .\n- (a) remove a smoke alarm installed in a domestic dwelling; or\n- (b) remove the battery from a smoke alarm installed in a domestic dwelling; or\n- (c) do anything that would reduce the effectiveness of the warning provided by a smoke alarm installed in a domestic dwelling.\n- (a) removing a smoke alarm to comply with section 148A ;\n- (b) removing a smoke alarm to put it in a location that complies with this division;\n- (c) removing the battery from a smoke alarm to comply with section 148C .","sortOrder":253},{"sectionNumber":"sec.148G","sectionType":"section","heading":"Division applies for all alarms","content":"### sec.148G Division applies for all alarms\n\nThis division, other than a smoke alarm requirement provision, applies in relation to a smoke alarm installed in a domestic dwelling even though the smoke alarm is not required to be installed under a smoke alarm requirement provision.\nHowever, nothing in this division stops the owner of a domestic dwelling—\ninstalling a smoke alarm in the dwelling, in addition to the smoke alarms required to be installed in the dwelling under a smoke alarm requirement provision, whether or not the additional smoke alarm complies with a smoke alarm requirement provision; or\nremoving a smoke alarm that is not required to be installed under a smoke alarm requirement provision.\ns 148G (prev s 104RI) ins 2006 No. 49 s 37\namd 2016 No. 45 s 10\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.148G-ssec.1) This division, other than a smoke alarm requirement provision, applies in relation to a smoke alarm installed in a domestic dwelling even though the smoke alarm is not required to be installed under a smoke alarm requirement provision.\n(sec.148G-ssec.2) However, nothing in this division stops the owner of a domestic dwelling— installing a smoke alarm in the dwelling, in addition to the smoke alarms required to be installed in the dwelling under a smoke alarm requirement provision, whether or not the additional smoke alarm complies with a smoke alarm requirement provision; or removing a smoke alarm that is not required to be installed under a smoke alarm requirement provision.\n- (a) installing a smoke alarm in the dwelling, in addition to the smoke alarms required to be installed in the dwelling under a smoke alarm requirement provision, whether or not the additional smoke alarm complies with a smoke alarm requirement provision; or\n- (b) removing a smoke alarm that is not required to be installed under a smoke alarm requirement provision.","sortOrder":254},{"sectionNumber":"sec.148H","sectionType":"section","heading":"Agent may act for owner","content":"### sec.148H Agent may act for owner\n\nA requirement imposed on an owner to comply with this division in relation to a smoke alarm at a domestic dwelling may be complied with for the owner by the owner’s agent.\nHowever, if the owner is a lessor, subsection (1) does not permit the lessor’s tenant to be, and the lessor’s tenant must not be, the lessor’s agent for the purpose of complying with this division.\ns 148H (prev s 104RJ) ins 2006 No. 49 s 37\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.148H-ssec.1) A requirement imposed on an owner to comply with this division in relation to a smoke alarm at a domestic dwelling may be complied with for the owner by the owner’s agent.\n(sec.148H-ssec.2) However, if the owner is a lessor, subsection (1) does not permit the lessor’s tenant to be, and the lessor’s tenant must not be, the lessor’s agent for the purpose of complying with this division.","sortOrder":255},{"sectionNumber":"sec.148I","sectionType":"section","heading":"Notice to transferee of residential land about smoke alarms","content":"### sec.148I Notice to transferee of residential land about smoke alarms\n\nThe transferor of residential land must, on or before the date of possession for the land, give the transferee of the land written notice of whether smoke alarms complying with this division are installed in the domestic dwelling on the land.\nMaximum penalty—5 penalty units.\nHowever, subsection (1) does not apply if—\nthe transferor became transferor of the residential land under an agreement to transfer the land; and\nthe date of the agreement is before 1 July 2007.\nThe transferor must not state anything in the notice that the transferor knows is false or misleading in a material particular.\nMaximum penalty for subsection (3) —5 penalty units.\ns 148I (prev s 104RK) ins 2006 No. 49 s 37\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.148I-ssec.1) The transferor of residential land must, on or before the date of possession for the land, give the transferee of the land written notice of whether smoke alarms complying with this division are installed in the domestic dwelling on the land. Maximum penalty—5 penalty units.\n(sec.148I-ssec.2) However, subsection (1) does not apply if— the transferor became transferor of the residential land under an agreement to transfer the land; and the date of the agreement is before 1 July 2007.\n(sec.148I-ssec.3) The transferor must not state anything in the notice that the transferor knows is false or misleading in a material particular. Maximum penalty for subsection (3) —5 penalty units.\n- (a) the transferor became transferor of the residential land under an agreement to transfer the land; and\n- (b) the date of the agreement is before 1 July 2007.","sortOrder":256},{"sectionNumber":"sec.148J","sectionType":"section","heading":"Notice to commissioner about smoke alarms and other matters","content":"### sec.148J Notice to commissioner about smoke alarms and other matters\n\nThe transferor of residential land must, within 90 days after the date of possession for the land, give the commissioner a written notice stating the following information ( smoke alarm information )—\nthe full names of the transferor and transferee;\nthe addresses of the transferor and transferee immediately after the date of possession for the land;\nthe property details of the land;\nthe current use of the land;\nif there was an agreement for the transfer of the land—the date of the agreement;\nthe date of possession for the land;\nwhether smoke alarms complying with a smoke alarm requirement provision were installed in the domestic dwelling on the land at the date of possession;\nwhether the transferor has given the transferee written notice of whether smoke alarms complying with a smoke alarm requirement provision were installed in the domestic dwelling on the land at the date of possession.\nMaximum penalty—5 penalty units.\nHowever, subsection (1) does not apply if—\nthe transferor became transferor of the residential land under an agreement to transfer the land; and\nthe date of the agreement is before 1 July 2007.\nAlso, the transferor is not required to comply with subsection (1) if a properly completed property transfer information form, together with an application for registration, is given to the registrar of titles.\nIf a property transfer information form is given under subsection (3) , the commissioner may be given access to the form but may use only the smoke alarm information on the form.\nIn this section—\nproperty transfer information form means a form approved by the registrar of titles that gives smoke alarm information and information about a change of ownership required under other Acts.\ns 148J (prev s 104RL) ins 2006 No. 49 s 37\namd 2014 No. 17 s 184 sch 1 pt 4 ; 2016 No. 45 s 11 ; 2021 No. 12 s 148 sch 3\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.148J-ssec.1) The transferor of residential land must, within 90 days after the date of possession for the land, give the commissioner a written notice stating the following information ( smoke alarm information )— the full names of the transferor and transferee; the addresses of the transferor and transferee immediately after the date of possession for the land; the property details of the land; the current use of the land; if there was an agreement for the transfer of the land—the date of the agreement; the date of possession for the land; whether smoke alarms complying with a smoke alarm requirement provision were installed in the domestic dwelling on the land at the date of possession; whether the transferor has given the transferee written notice of whether smoke alarms complying with a smoke alarm requirement provision were installed in the domestic dwelling on the land at the date of possession. Maximum penalty—5 penalty units.\n(sec.148J-ssec.2) However, subsection (1) does not apply if— the transferor became transferor of the residential land under an agreement to transfer the land; and the date of the agreement is before 1 July 2007.\n(sec.148J-ssec.3) Also, the transferor is not required to comply with subsection (1) if a properly completed property transfer information form, together with an application for registration, is given to the registrar of titles.\n(sec.148J-ssec.4) If a property transfer information form is given under subsection (3) , the commissioner may be given access to the form but may use only the smoke alarm information on the form.\n(sec.148J-ssec.5) In this section— property transfer information form means a form approved by the registrar of titles that gives smoke alarm information and information about a change of ownership required under other Acts.\n- (a) the full names of the transferor and transferee;\n- (b) the addresses of the transferor and transferee immediately after the date of possession for the land;\n- (c) the property details of the land;\n- (d) the current use of the land;\n- (e) if there was an agreement for the transfer of the land—the date of the agreement;\n- (f) the date of possession for the land;\n- (g) whether smoke alarms complying with a smoke alarm requirement provision were installed in the domestic dwelling on the land at the date of possession;\n- (h) whether the transferor has given the transferee written notice of whether smoke alarms complying with a smoke alarm requirement provision were installed in the domestic dwelling on the land at the date of possession.\n- (a) the transferor became transferor of the residential land under an agreement to transfer the land; and\n- (b) the date of the agreement is before 1 July 2007.","sortOrder":257},{"sectionNumber":"sec.148K","sectionType":"section","heading":"Notice to buyer of manufactured home about smoke alarms","content":"### sec.148K Notice to buyer of manufactured home about smoke alarms\n\nThis section applies if the home owner for a site in a residential park on which a manufactured home is positioned proposes to—\nsell the home to another person (the buyer ); or\nassign the home owner’s interest in the site agreement for the site to another person (the assignee ).\nThe home owner must give the other person notice, in the following document, of whether smoke alarms complying with this division are installed in the manufactured home—\nfor the buyer—the sale agreement for the sale; or\nfor the assignee—the form of assignment for the assignment.\nMaximum penalty—5 penalty units.\nThe seller must not state anything in the notice that the seller knows is false or misleading in a material particular.\nMaximum penalty for subsection (4) —5 penalty units.\nIn this section—\nform of assignment see the Manufactured Homes (Residential Parks) Act 2003 , section 31K (1) .\nhome owner see the Manufactured Homes (Residential Parks) Act 2003 , section 8 .\nmanufactured home see the Manufactured Homes (Residential Parks) Act 2003 , section 10 .\nresidential park see the Manufactured Homes (Residential Parks) Act 2003 , section 12 .\nsale agreement see the Manufactured Homes (Residential Parks) Act 2003 , section 56B (1) .\nsite see the Manufactured Homes (Residential Parks) Act 2003 , section 13 .\nsite agreement see the Manufactured Homes (Residential Parks) Act 2003 , section 14 .\ns 148K (prev s 104RM) ins 2006 No. 49 s 37\namd 2016 No. 45 s 12\nreloc and renum 2024 No. 22 s 56 (2)\namd 2024 No. 28 s 52 sch 1\n(sec.148K-ssec.1) This section applies if the home owner for a site in a residential park on which a manufactured home is positioned proposes to— sell the home to another person (the buyer ); or assign the home owner’s interest in the site agreement for the site to another person (the assignee ).\n(sec.148K-ssec.2) The home owner must give the other person notice, in the following document, of whether smoke alarms complying with this division are installed in the manufactured home— for the buyer—the sale agreement for the sale; or for the assignee—the form of assignment for the assignment. Maximum penalty—5 penalty units.\n(sec.148K-ssec.4) The seller must not state anything in the notice that the seller knows is false or misleading in a material particular. Maximum penalty for subsection (4) —5 penalty units.\n(sec.148K-ssec.5) In this section— form of assignment see the Manufactured Homes (Residential Parks) Act 2003 , section 31K (1) . home owner see the Manufactured Homes (Residential Parks) Act 2003 , section 8 . manufactured home see the Manufactured Homes (Residential Parks) Act 2003 , section 10 . residential park see the Manufactured Homes (Residential Parks) Act 2003 , section 12 . sale agreement see the Manufactured Homes (Residential Parks) Act 2003 , section 56B (1) . site see the Manufactured Homes (Residential Parks) Act 2003 , section 13 . site agreement see the Manufactured Homes (Residential Parks) Act 2003 , section 14 .\n- (a) sell the home to another person (the buyer ); or\n- (b) assign the home owner’s interest in the site agreement for the site to another person (the assignee ).\n- (a) for the buyer—the sale agreement for the sale; or\n- (b) for the assignee—the form of assignment for the assignment.","sortOrder":258},{"sectionNumber":"ch.4A-pt.4-div.5B","sectionType":"division","heading":"Smoke alarms for caravans and motorised caravans","content":"## Smoke alarms for caravans and motorised caravans","sortOrder":259},{"sectionNumber":"sec.148L","sectionType":"section","heading":"Definitions for division","content":"### sec.148L Definitions for division\n\nIn this division—\ncaravan see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , schedule 8 .\nmotorised caravan see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , schedule 8 .\noperates when tested , for a smoke alarm, see section 148M .\ns 148L (prev s 104RN) ins 2024 No. 22 s 54\nreloc and renum 2024 No. 22 s 56 (2)","sortOrder":260},{"sectionNumber":"sec.148M","sectionType":"section","heading":"When smoke alarm operates when tested","content":"### sec.148M When smoke alarm operates when tested\n\nA smoke alarm operates when tested if the smoke alarm operates when tested in a way required under subsection (2) .\nA smoke alarm installed in a caravan or motorised caravan must be tested as follows—\nfor an alarm that can be tested by pressing a button or another device to indicate whether the alarm is capable of detecting smoke—by pressing the button or other device;\notherwise—by being tested by the owner of the caravan or motorised caravan in the way stated in the manufacturer’s instructions for the smoke alarm.\ns 148M (prev s 104RO) ins 2024 No. 22 s 54\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.148M-ssec.1) A smoke alarm operates when tested if the smoke alarm operates when tested in a way required under subsection (2) .\n(sec.148M-ssec.2) A smoke alarm installed in a caravan or motorised caravan must be tested as follows— for an alarm that can be tested by pressing a button or another device to indicate whether the alarm is capable of detecting smoke—by pressing the button or other device; otherwise—by being tested by the owner of the caravan or motorised caravan in the way stated in the manufacturer’s instructions for the smoke alarm.\n- (a) for an alarm that can be tested by pressing a button or another device to indicate whether the alarm is capable of detecting smoke—by pressing the button or other device;\n- (b) otherwise—by being tested by the owner of the caravan or motorised caravan in the way stated in the manufacturer’s instructions for the smoke alarm.","sortOrder":261},{"sectionNumber":"sec.148N","sectionType":"section","heading":"Requirements on registration or transfer of registration on or before 31 December 2026","content":"### sec.148N Requirements on registration or transfer of registration on or before 31 December 2026\n\nThis section applies to a caravan or motorised caravan if, on or before 31 December 2026—\nan application for registration of the caravan or motorised caravan is granted under the Transport Operations (Road Use Management) Act 1995 ; or\nthe chief executive of the department that administers the Transport Operations (Road Use Management) Act 1995 records in the register of vehicles under that Act the transfer of the registration of the caravan or motorised caravan.\nEach of the following persons must ensure a smoke alarm is installed in the caravan or motorised caravan in compliance with this section—\nfor subsection (1) (a) —the person in whose name the caravan or motorised caravan is registered; or\nfor subsection (1) (b) —the person to whom the registration is transferred.\nMaximum penalty—5 penalty units.\nA smoke alarm must—\nbe installed in a place in the caravan or motorised caravan that is prescribed by regulation; and\nbe installed in the way stated in the manufacturer’s instructions for the smoke alarm; and\ncomply with other requirements prescribed by regulation; and\nhave been manufactured less than 10 years before the smoke alarm is installed; and\noperate when tested.\nThis section expires on 31 December 2026.\ns 148N (prev s 104RP) ins 2024 No. 22 s 54\nreloc and renum 2024 No. 22 s 56 (2)\nexp 31 December 2026 (see s 148N(4))\n(sec.148N-ssec.1) This section applies to a caravan or motorised caravan if, on or before 31 December 2026— an application for registration of the caravan or motorised caravan is granted under the Transport Operations (Road Use Management) Act 1995 ; or the chief executive of the department that administers the Transport Operations (Road Use Management) Act 1995 records in the register of vehicles under that Act the transfer of the registration of the caravan or motorised caravan.\n(sec.148N-ssec.2) Each of the following persons must ensure a smoke alarm is installed in the caravan or motorised caravan in compliance with this section— for subsection (1) (a) —the person in whose name the caravan or motorised caravan is registered; or for subsection (1) (b) —the person to whom the registration is transferred. Maximum penalty—5 penalty units.\n(sec.148N-ssec.3) A smoke alarm must— be installed in a place in the caravan or motorised caravan that is prescribed by regulation; and be installed in the way stated in the manufacturer’s instructions for the smoke alarm; and comply with other requirements prescribed by regulation; and have been manufactured less than 10 years before the smoke alarm is installed; and operate when tested.\n(sec.148N-ssec.4) This section expires on 31 December 2026.\n- (a) an application for registration of the caravan or motorised caravan is granted under the Transport Operations (Road Use Management) Act 1995 ; or\n- (b) the chief executive of the department that administers the Transport Operations (Road Use Management) Act 1995 records in the register of vehicles under that Act the transfer of the registration of the caravan or motorised caravan.\n- (a) for subsection (1) (a) —the person in whose name the caravan or motorised caravan is registered; or\n- (b) for subsection (1) (b) —the person to whom the registration is transferred.\n- (a) be installed in a place in the caravan or motorised caravan that is prescribed by regulation; and\n- (b) be installed in the way stated in the manufacturer’s instructions for the smoke alarm; and\n- (c) comply with other requirements prescribed by regulation; and\n- (d) have been manufactured less than 10 years before the smoke alarm is installed; and\n- (e) operate when tested.","sortOrder":262},{"sectionNumber":"sec.148O","sectionType":"section","heading":"Requirements for registered operator of caravan or motorised caravan","content":"### sec.148O Requirements for registered operator of caravan or motorised caravan\n\nThis section applies on or after 1 January 2027 to a caravan or motorised caravan that is recorded in the register of vehicles under the Transport Operations (Road Use Management) Act 1995 .\nThe person in whose name the caravan or motorised caravan is registered under the Transport Operations (Road Use Management) Act 1995 must ensure a smoke alarm is installed in the caravan or motorised caravan in compliance with this section.\nMaximum penalty—5 penalty units.\nA smoke alarm must—\nbe installed in a place in the caravan or motorised caravan that is prescribed by regulation; and\nbe installed in the way stated in the manufacturer’s instructions for the smoke alarm; and\ncomply with other requirements prescribed by regulation; and\nhave been manufactured less than 10 years before the smoke alarm is installed; and\noperate when tested.\ns 148O (prev s 104RQ) ins 2024 No. 22 s 54\nreloc and renum 2024 No. 22 s 56 (2)\n(sec.148O-ssec.1) This section applies on or after 1 January 2027 to a caravan or motorised caravan that is recorded in the register of vehicles under the Transport Operations (Road Use Management) Act 1995 .\n(sec.148O-ssec.2) The person in whose name the caravan or motorised caravan is registered under the Transport Operations (Road Use Management) Act 1995 must ensure a smoke alarm is installed in the caravan or motorised caravan in compliance with this section. Maximum penalty—5 penalty units.\n(sec.148O-ssec.3) A smoke alarm must— be installed in a place in the caravan or motorised caravan that is prescribed by regulation; and be installed in the way stated in the manufacturer’s instructions for the smoke alarm; and comply with other requirements prescribed by regulation; and have been manufactured less than 10 years before the smoke alarm is installed; and operate when tested.\n- (a) be installed in a place in the caravan or motorised caravan that is prescribed by regulation; and\n- (b) be installed in the way stated in the manufacturer’s instructions for the smoke alarm; and\n- (c) comply with other requirements prescribed by regulation; and\n- (d) have been manufactured less than 10 years before the smoke alarm is installed; and\n- (e) operate when tested.","sortOrder":263},{"sectionNumber":"ch.4A-pt.4-div.6","sectionType":"division","heading":"Regulations","content":"## Regulations","sortOrder":264},{"sectionNumber":"sec.148P","sectionType":"section","heading":"Regulations relating to this part","content":"### sec.148P Regulations relating to this part\n\nThe power of the Governor in Council to make regulations under section 154E includes the power to make regulations for or with respect to any of the following—\nthe maintenance free from obstruction of adequate means of escape in the event of fire threatening any part of a building or in a hazardous materials emergency;\nthe maintenance of fire safety installations in buildings including authorisation of the removal, replacement or substitution of any fire safety installation;\nregulating the installation and maintenance of smoke alarms;\nregulating the presence or use within buildings of furniture, furnishings, fittings, equipment, paints or finishes of any description in order to reduce the risk of fire;\nrequiring the maintenance of fire and evacuation plans in a specified form—\nsetting forth the action to be taken in the event of fire threatening a building or in a hazardous materials emergency;\nimposing obligations to provide instructions in preparation for the event of fire or in a hazardous materials emergency or to take specified action in the event of fire threatening a building or in a hazardous materials emergency;\nrequiring a fire and evacuation plan or class of such a plan to be approved by the commissioner;\nrequiring instruction or training of persons visiting, working in or inhabiting a building in relation to fire prevention and fire safety generally or hazardous materials emergencies;\nimposing obligations to take specified action in the event of fire threatening a building or in a hazardous materials emergency;\nregulating the numbers of persons using a building at any one time;\nrequiring the stationing of persons at places within a building under specified circumstances;\nthe prevention, control or extinguishing of fires in buildings generally;\nmatters necessary to protect persons, property and the environment from fire and hazardous materials emergencies;\napplying the provisions of this part, with adaptations or modifications, to any premises or class of premises other than buildings;\nimposing obligations for the purpose of the regulations not only upon occupiers of buildings but also other persons where necessary or convenient.\ns 148P (prev s 104S) ins 1991 No. 51 s 3 0.18\namd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2006 No. 49 s 38 ; 2023 No. 7 s 68 s ch 1 pt 1 ; 2024 No. 22 s 55\nreloc and renum 2024 No. 22 s 56 (2)\n- (a) the maintenance free from obstruction of adequate means of escape in the event of fire threatening any part of a building or in a hazardous materials emergency;\n- (b) the maintenance of fire safety installations in buildings including authorisation of the removal, replacement or substitution of any fire safety installation;\n- (ba) regulating the installation and maintenance of smoke alarms;\n- (c) regulating the presence or use within buildings of furniture, furnishings, fittings, equipment, paints or finishes of any description in order to reduce the risk of fire;\n- (d) requiring the maintenance of fire and evacuation plans in a specified form— (i) setting forth the action to be taken in the event of fire threatening a building or in a hazardous materials emergency; (ii) imposing obligations to provide instructions in preparation for the event of fire or in a hazardous materials emergency or to take specified action in the event of fire threatening a building or in a hazardous materials emergency;\n- (i) setting forth the action to be taken in the event of fire threatening a building or in a hazardous materials emergency;\n- (ii) imposing obligations to provide instructions in preparation for the event of fire or in a hazardous materials emergency or to take specified action in the event of fire threatening a building or in a hazardous materials emergency;\n- (e) requiring a fire and evacuation plan or class of such a plan to be approved by the commissioner;\n- (f) requiring instruction or training of persons visiting, working in or inhabiting a building in relation to fire prevention and fire safety generally or hazardous materials emergencies;\n- (g) imposing obligations to take specified action in the event of fire threatening a building or in a hazardous materials emergency;\n- (h) regulating the numbers of persons using a building at any one time;\n- (i) requiring the stationing of persons at places within a building under specified circumstances;\n- (j) the prevention, control or extinguishing of fires in buildings generally;\n- (k) matters necessary to protect persons, property and the environment from fire and hazardous materials emergencies;\n- (l) applying the provisions of this part, with adaptations or modifications, to any premises or class of premises other than buildings;\n- (m) imposing obligations for the purpose of the regulations not only upon occupiers of buildings but also other persons where necessary or convenient.\n- (i) setting forth the action to be taken in the event of fire threatening a building or in a hazardous materials emergency;\n- (ii) imposing obligations to provide instructions in preparation for the event of fire or in a hazardous materials emergency or to take specified action in the event of fire threatening a building or in a hazardous materials emergency;","sortOrder":265},{"sectionNumber":"ch.4A-pt.5","sectionType":"part","heading":"Review of notices","content":"# Review of notices","sortOrder":266},{"sectionNumber":"sec.148Q","sectionType":"section","heading":"Persons aggrieved by notice may apply for review","content":"### sec.148Q Persons aggrieved by notice may apply for review\n\nA person who is aggrieved because the person has been given a notice under section 145G (2) (a) or part 4 or by the terms of such a notice may apply, as provided under the QCAT Act , to QCAT for a review of the notice.\ns 148Q (prev s 104SB (orig s 104L)) ins 1991 No. 51 s 3 0.15\namd 1991 No. 97 s 3 sch 1 ; 1995 No. 55 s 22 ; 2006 No. 49 s 29\nrenum and reloc 2006 No. 49 s 40\namd 2009 No. 24 s 110 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 57 (2)","sortOrder":267},{"sectionNumber":"sec.148R","sectionType":"section","heading":"Relief from penalty pending determination of review by QCAT","content":"### sec.148R Relief from penalty pending determination of review by QCAT\n\nThis section applies if a person applies, as provided under the QCAT Act , to QCAT for a review of a notice given under section 146Y or 147 (8) or an occupancy notice.\nThe person is not liable to a penalty under this Act—\nin the case of a notice given under section 146Y or an occupancy notice—for any failure on the person’s part to comply with the notice on and before the date on which the person is given notice of the determination of the review by QCAT; and\nin the case of a notice given under section 147 (8) —for any use of a building, being a building use to which the notice relates, on and from the date the person is given the notice to and including the date the person is given notice of the determination of the review by QCAT.\ns 148R (prev s 104SF (orig s 104P)) ins 1991 No. 51 s 3 0.16\namd 2006 No. 49 s 33\nrenum and reloc 2006 No. 49 s 40\nsub 2009 No. 24 s 114\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 57 (2)\n(sec.148R-ssec.1) This section applies if a person applies, as provided under the QCAT Act , to QCAT for a review of a notice given under section 146Y or 147 (8) or an occupancy notice.\n(sec.148R-ssec.2) The person is not liable to a penalty under this Act— in the case of a notice given under section 146Y or an occupancy notice—for any failure on the person’s part to comply with the notice on and before the date on which the person is given notice of the determination of the review by QCAT; and in the case of a notice given under section 147 (8) —for any use of a building, being a building use to which the notice relates, on and from the date the person is given the notice to and including the date the person is given notice of the determination of the review by QCAT.\n- (a) in the case of a notice given under section 146Y or an occupancy notice—for any failure on the person’s part to comply with the notice on and before the date on which the person is given notice of the determination of the review by QCAT; and\n- (b) in the case of a notice given under section 147 (8) —for any use of a building, being a building use to which the notice relates, on and from the date the person is given the notice to and including the date the person is given notice of the determination of the review by QCAT.","sortOrder":268},{"sectionNumber":"sec.148S","sectionType":"section","heading":"Assessors to help QCAT","content":"### sec.148S Assessors to help QCAT\n\nIn conducting a proceeding that is a review of a notice given under section 145G (2) (a) or part 4 or the terms of a notice, QCAT must be helped by all of the following chosen by the principal registrar from the list mentioned in section 148U (3) —\nat least 1 assessor nominated under section 148U (2) (b) (i) ;\nat least 1 assessor nominated under section 148U (2) (b) (ii) ;\nif the notice is an occupancy notice or a decision notice under section 147K —at least 1 assessor nominated under section 148U (2) (b) (iii) .\nA person chosen under subsection (1) (b) must have been nominated by the local government of the area in which the premises to which the notice relates are situated.\nFor subsection (2) —\nif the local government is not the person seeking the review, the person nominated must be a person appointed to be a building certifier by the local government; and\nif the local government is the person seeking the review, the person nominated must be a person appointed to be a building certifier by another local government.\nSubsection (2) does not apply to a review of a notice or the terms of a notice, given under section 145G (2) (a) , that relates to premises other than a building.\nDespite subsection (1) , a proceeding may be conducted without the help of assessors if the presiding member is satisfied it is necessary because of the urgency of the matter.\nIn this section—\npresiding member see the QCAT Act , schedule 3 .\nprincipal registrar see the QCAT Act , schedule 3 .\nproceeding see the QCAT Act , schedule 3 .\ns 148S (orig 104SG (prev s 104PA)) ins 2006 No. 49 s 34\nrenum and reloc 2006 No. 49 s 40\nom 2009 No. 24 s 115\n(prev s 104SG) ins 2009 No. 51 s 53\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 57 (2)\n(sec.148S-ssec.1) In conducting a proceeding that is a review of a notice given under section 145G (2) (a) or part 4 or the terms of a notice, QCAT must be helped by all of the following chosen by the principal registrar from the list mentioned in section 148U (3) — at least 1 assessor nominated under section 148U (2) (b) (i) ; at least 1 assessor nominated under section 148U (2) (b) (ii) ; if the notice is an occupancy notice or a decision notice under section 147K —at least 1 assessor nominated under section 148U (2) (b) (iii) .\n(sec.148S-ssec.2) A person chosen under subsection (1) (b) must have been nominated by the local government of the area in which the premises to which the notice relates are situated.\n(sec.148S-ssec.3) For subsection (2) — if the local government is not the person seeking the review, the person nominated must be a person appointed to be a building certifier by the local government; and if the local government is the person seeking the review, the person nominated must be a person appointed to be a building certifier by another local government.\n(sec.148S-ssec.4) Subsection (2) does not apply to a review of a notice or the terms of a notice, given under section 145G (2) (a) , that relates to premises other than a building.\n(sec.148S-ssec.5) Despite subsection (1) , a proceeding may be conducted without the help of assessors if the presiding member is satisfied it is necessary because of the urgency of the matter.\n(sec.148S-ssec.6) In this section— presiding member see the QCAT Act , schedule 3 . principal registrar see the QCAT Act , schedule 3 . proceeding see the QCAT Act , schedule 3 .\n- (a) at least 1 assessor nominated under section 148U (2) (b) (i) ;\n- (b) at least 1 assessor nominated under section 148U (2) (b) (ii) ;\n- (c) if the notice is an occupancy notice or a decision notice under section 147K —at least 1 assessor nominated under section 148U (2) (b) (iii) .\n- (a) if the local government is not the person seeking the review, the person nominated must be a person appointed to be a building certifier by the local government; and\n- (b) if the local government is the person seeking the review, the person nominated must be a person appointed to be a building certifier by another local government.","sortOrder":269},{"sectionNumber":"sec.148T","sectionType":"section","heading":"Function and powers of assessors","content":"### sec.148T Function and powers of assessors\n\nThe function of an assessor is to help QCAT decide questions of fact in a proceeding.\nTo enable an assessor to perform the assessor’s function, the assessor may, during a proceeding—\nask questions of a witness in the proceeding; and\ndiscuss a question of fact with a person appearing for a party in the proceeding.\ns 148T (orig s 104SH (prev s 104Q)) ins 1991 No. 51 s 3 0.16\namd 1995 No. 57 s 4 sch 1 ; 2006 No. 49 s 35\nrenum and reloc 2006 No. 49 s 40\nom 2009 No. 24 s 116\n(prev s 104SH) ins 2009 No. 51 s 53\nreloc and renum 2024 No. 22 s 57 (2)\n(sec.148T-ssec.1) The function of an assessor is to help QCAT decide questions of fact in a proceeding.\n(sec.148T-ssec.2) To enable an assessor to perform the assessor’s function, the assessor may, during a proceeding— ask questions of a witness in the proceeding; and discuss a question of fact with a person appearing for a party in the proceeding.\n- (a) ask questions of a witness in the proceeding; and\n- (b) discuss a question of fact with a person appearing for a party in the proceeding.","sortOrder":270},{"sectionNumber":"sec.148U","sectionType":"section","heading":"Appointment of assessors","content":"### sec.148U Appointment of assessors\n\nThe commissioner must, for each year, appoint persons as assessors for helping QCAT in proceedings mentioned in section 148S (1) .\nA person is qualified to be appointed as an assessor only if—\nthe commissioner is satisfied the person has the knowledge, expertise and experience relevant for helping QCAT in the proceedings; and\nthe person is nominated by—\nthe chief executive of the department in which the Building Act 1975 is administered; or\na local government in the State; or\nthe chief executive (liquor licensing).\nThe commissioner must, at the beginning of each year, give the principal registrar a list of the persons appointed as assessors for the year.\nThe list must state, for each person appointed—\nthe area in which the person has relevant knowledge, expertise and experience; and\nwhether the person was nominated under subsection (2) (b) (i) , (ii) or (iii) .\ns 148U (prev s 104SI) ins 2009 No. 51 s 53\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 57 (2)\n(sec.148U-ssec.1) The commissioner must, for each year, appoint persons as assessors for helping QCAT in proceedings mentioned in section 148S (1) .\n(sec.148U-ssec.2) A person is qualified to be appointed as an assessor only if— the commissioner is satisfied the person has the knowledge, expertise and experience relevant for helping QCAT in the proceedings; and the person is nominated by— the chief executive of the department in which the Building Act 1975 is administered; or a local government in the State; or the chief executive (liquor licensing).\n(sec.148U-ssec.3) The commissioner must, at the beginning of each year, give the principal registrar a list of the persons appointed as assessors for the year.\n(sec.148U-ssec.4) The list must state, for each person appointed— the area in which the person has relevant knowledge, expertise and experience; and whether the person was nominated under subsection (2) (b) (i) , (ii) or (iii) .\n- (a) the commissioner is satisfied the person has the knowledge, expertise and experience relevant for helping QCAT in the proceedings; and\n- (b) the person is nominated by— (i) the chief executive of the department in which the Building Act 1975 is administered; or (ii) a local government in the State; or (iii) the chief executive (liquor licensing).\n- (i) the chief executive of the department in which the Building Act 1975 is administered; or\n- (ii) a local government in the State; or\n- (iii) the chief executive (liquor licensing).\n- (i) the chief executive of the department in which the Building Act 1975 is administered; or\n- (ii) a local government in the State; or\n- (iii) the chief executive (liquor licensing).\n- (a) the area in which the person has relevant knowledge, expertise and experience; and\n- (b) whether the person was nominated under subsection (2) (b) (i) , (ii) or (iii) .","sortOrder":271},{"sectionNumber":"sec.148V","sectionType":"section","heading":"Disqualification from appointment as assessor","content":"### sec.148V Disqualification from appointment as assessor\n\nA person may not be appointed or continue as an assessor if the person is not qualified, or ceases to be qualified, under section 148U (2) .\ns 148V (prev s 104SJ) ins 2009 No. 51 s 53\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 57 (2)","sortOrder":272},{"sectionNumber":"sec.148W","sectionType":"section","heading":"QCAT may have regard to assessor’s view","content":"### sec.148W QCAT may have regard to assessor’s view\n\nIn deciding a question of fact in a proceeding, the member or members constituting QCAT may, to the extent the member or members consider appropriate, have regard to the views of an assessor helping QCAT.\ns 148W (prev s 104SK) ins 2009 No. 51 s 53\nreloc and renum 2024 No. 22 s 57 (2)","sortOrder":273},{"sectionNumber":"ch.4A-pt.6","sectionType":"part","heading":"Charges for services","content":"# Charges for services","sortOrder":274},{"sectionNumber":"sec.148X","sectionType":"section","heading":"Definitions for part","content":"### sec.148X Definitions for part\n\nIn this part—\nattend to , for a fire or other incident—\nmeans take all reasonable measures to deal with danger that is or may be caused by the fire or incident to a person or property or the environment; and\nincludes being in attendance at a fire or incident in readiness to act.\nservice means a service provided under chapter 4 , part 1 , this chapter or chapter 4B , part 1 .\ns 148X def service amd 2024 No. 22 s 92 sch 1\ns 148X (prev s 128B) ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 61 (2)\n- (a) means take all reasonable measures to deal with danger that is or may be caused by the fire or incident to a person or property or the environment; and\n- (b) includes being in attendance at a fire or incident in readiness to act.","sortOrder":275},{"sectionNumber":"sec.148Y","sectionType":"section","heading":"Charges may be prescribed or fixed by commissioner","content":"### sec.148Y Charges may be prescribed or fixed by commissioner\n\nA charge for a service may be prescribed by a regulation.\nIf a charge for a service is not prescribed by a regulation, the commissioner may fix a charge for the service.\nThe amount of a charge fixed by the commissioner under subsection (2) must be reasonable and not more than the actual cost of providing the service.\ns 148Y (prev s 128C) ins 2014 No. 17 s 100\nreloc and renum 2024 No. 22 s 61 (2)\n(sec.148Y-ssec.1) A charge for a service may be prescribed by a regulation.\n(sec.148Y-ssec.2) If a charge for a service is not prescribed by a regulation, the commissioner may fix a charge for the service.\n(sec.148Y-ssec.3) The amount of a charge fixed by the commissioner under subsection (2) must be reasonable and not more than the actual cost of providing the service.","sortOrder":276},{"sectionNumber":"sec.148Z","sectionType":"section","heading":"Person for whose benefit service provided is liable for charge","content":"### sec.148Z Person for whose benefit service provided is liable for charge\n\nA person for whose benefit a service is provided is liable for a charge for the service prescribed by a regulation or fixed by the commissioner.\ns 148Z (prev s 128D) ins 2014 No. 17 s 100\nreloc and renum 2024 No. 22 s 61 (2)","sortOrder":277},{"sectionNumber":"sec.149","sectionType":"section","heading":"Person who causes fire or other incident is liable for charge","content":"### sec.149 Person who causes fire or other incident is liable for charge\n\nThis section applies if—\na service is provided that involves attending to a fire or another incident; and\na charge for the service is prescribed by a regulation or fixed by the commissioner.\nThe person who caused the fire or incident is liable for the charge.\nIf the person mentioned in subsection (2) is an agent or employee of another person (the principal ) and caused the fire or incident when acting within the scope of the agency or employment, the principal is also liable for the charge.\ns 149 prev s 149 amd 1995 No. 55 s 37\nsub 2006 No. 49 s 46 ; 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 149 (prev s 128E) ins 2014 No. 17 s 100\nreloc and renum 2024 No. 22 s 61 (2)\n(sec.149-ssec.1) This section applies if— a service is provided that involves attending to a fire or another incident; and a charge for the service is prescribed by a regulation or fixed by the commissioner.\n(sec.149-ssec.2) The person who caused the fire or incident is liable for the charge.\n(sec.149-ssec.3) If the person mentioned in subsection (2) is an agent or employee of another person (the principal ) and caused the fire or incident when acting within the scope of the agency or employment, the principal is also liable for the charge.\n- (a) a service is provided that involves attending to a fire or another incident; and\n- (b) a charge for the service is prescribed by a regulation or fixed by the commissioner.","sortOrder":278},{"sectionNumber":"sec.149A","sectionType":"section","heading":"Property owner etc. is liable for charge for particular service","content":"### sec.149A Property owner etc. is liable for charge for particular service\n\nThis section applies if—\na service is provided that involves attending to a fire or a hazardous materials emergency that occurs in or on property or endangers property; and\na charge for the service is prescribed by a regulation or fixed by the commissioner.\nThe owner of the property is liable for the charge.\nIf the property is a seagoing ship, the ship’s master is also liable for the charge.\ns 149A prev s 149A ins 1992 No. 20 s 159 sch 2\nsub 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 149A (prev s 128F) ins 2014 No. 17 s 100\nreloc and renum 2024 No. 22 s 61 (2)\n(sec.149A-ssec.1) This section applies if— a service is provided that involves attending to a fire or a hazardous materials emergency that occurs in or on property or endangers property; and a charge for the service is prescribed by a regulation or fixed by the commissioner.\n(sec.149A-ssec.2) The owner of the property is liable for the charge.\n(sec.149A-ssec.3) If the property is a seagoing ship, the ship’s master is also liable for the charge.\n- (a) a service is provided that involves attending to a fire or a hazardous materials emergency that occurs in or on property or endangers property; and\n- (b) a charge for the service is prescribed by a regulation or fixed by the commissioner.","sortOrder":279},{"sectionNumber":"sec.149B","sectionType":"section","heading":"No charge for attending to authorised fire except in particular circumstances","content":"### sec.149B No charge for attending to authorised fire except in particular circumstances\n\nThis section applies if—\na service is provided that involves attending to a fire lit under the authority of an Act; and\na charge for the service is prescribed by a regulation or fixed by the commissioner.\nThe only persons liable for the charge are—\nif the person who lit the fire acted recklessly or negligently in lighting, or failing to control, the fire—the person; and\nif the person mentioned in paragraph (a) is an agent or employee of another person (the principal ) and lit the fire acting within the scope of the agency or employment—the principal.\ns 149B prev s 149B ins 2014 No. 17 s 100\nom 2024 No. 18 s 11\npres s 149B (prev s 128G) ins 2014 No. 17 s 100\nreloc and renum 2024 No. 22 s 61 (2)\n(sec.149B-ssec.1) This section applies if— a service is provided that involves attending to a fire lit under the authority of an Act; and a charge for the service is prescribed by a regulation or fixed by the commissioner.\n(sec.149B-ssec.2) The only persons liable for the charge are— if the person who lit the fire acted recklessly or negligently in lighting, or failing to control, the fire—the person; and if the person mentioned in paragraph (a) is an agent or employee of another person (the principal ) and lit the fire acting within the scope of the agency or employment—the principal.\n- (a) a service is provided that involves attending to a fire lit under the authority of an Act; and\n- (b) a charge for the service is prescribed by a regulation or fixed by the commissioner.\n- (a) if the person who lit the fire acted recklessly or negligently in lighting, or failing to control, the fire—the person; and\n- (b) if the person mentioned in paragraph (a) is an agent or employee of another person (the principal ) and lit the fire acting within the scope of the agency or employment—the principal.","sortOrder":280},{"sectionNumber":"sec.149C","sectionType":"section","heading":"Owner of prescribed property liable only for unwanted alarm charge","content":"### sec.149C Owner of prescribed property liable only for unwanted alarm charge\n\nThis section applies if—\na service is provided that involves attending to a fire or other incident at or on prescribed property; and\na charge for the service is prescribed by a regulation or fixed by the commissioner.\nThe owner of the prescribed property is not liable for the charge unless the service relates to attending to an unwanted alarm.\nIn this section—\nprescribed property see section 152E (1) .\nunwanted alarm see section 146N (6) .\ns 149C (prev s 128H) ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 61 (2)\n(sec.149C-ssec.1) This section applies if— a service is provided that involves attending to a fire or other incident at or on prescribed property; and a charge for the service is prescribed by a regulation or fixed by the commissioner.\n(sec.149C-ssec.2) The owner of the prescribed property is not liable for the charge unless the service relates to attending to an unwanted alarm.\n(sec.149C-ssec.3) In this section— prescribed property see section 152E (1) . unwanted alarm see section 146N (6) .\n- (a) a service is provided that involves attending to a fire or other incident at or on prescribed property; and\n- (b) a charge for the service is prescribed by a regulation or fixed by the commissioner.","sortOrder":281},{"sectionNumber":"sec.149D","sectionType":"section","heading":"Property owner not liable for charge for attendance on grass fire","content":"### sec.149D Property owner not liable for charge for attendance on grass fire\n\nThis section applies if—\na service is provided that involves attending to a grass fire at or on, or endangering, property other than prescribed property; and\na charge for the service is prescribed by a regulation or fixed by the commissioner.\nThe owner of the property is not liable for the charge unless the grass fire was lit by—\nthe owner; or\nan agent or employee of the owner acting within the scope of the agency or employment.\ns 149D (prev s 128I) ins 2014 No. 17 s 100\nreloc and renum 2024 No. 22 s 61 (2)\n(sec.149D-ssec.1) This section applies if— a service is provided that involves attending to a grass fire at or on, or endangering, property other than prescribed property; and a charge for the service is prescribed by a regulation or fixed by the commissioner.\n(sec.149D-ssec.2) The owner of the property is not liable for the charge unless the grass fire was lit by— the owner; or an agent or employee of the owner acting within the scope of the agency or employment.\n- (a) a service is provided that involves attending to a grass fire at or on, or endangering, property other than prescribed property; and\n- (b) a charge for the service is prescribed by a regulation or fixed by the commissioner.\n- (a) the owner; or\n- (b) an agent or employee of the owner acting within the scope of the agency or employment.","sortOrder":282},{"sectionNumber":"sec.149E","sectionType":"section","heading":"Joint and several liability for charges","content":"### sec.149E Joint and several liability for charges\n\nIf 2 or more persons are liable under this part for a charge for a service, the liability is joint and several.\ns 149E (prev s 128J) ins 2014 No. 17 s 100\nreloc and renum 2024 No. 22 s 61 (2)","sortOrder":283},{"sectionNumber":"sec.149F","sectionType":"section","heading":"Liability for charge does not affect other liability","content":"### sec.149F Liability for charge does not affect other liability\n\nThe liability of a person to pay a charge for a service of attending to an unauthorised fire does not affect the person’s liability to be proceeded against and punished for lighting the fire.\ns 149F (prev s 128K) ins 2014 No. 17 s 100\nreloc and renum 2024 No. 22 s 61 (2)","sortOrder":284},{"sectionNumber":"sec.149G","sectionType":"section","heading":"Commissioner may waive charges","content":"### sec.149G Commissioner may waive charges\n\nThe commissioner may waive all or part of a charge for which a person is liable under this part if the commissioner is satisfied waiving the charge, or part of the charge, is reasonable in the circumstances.\ns 149G (prev s 128L) ins 2014 No. 17 s 100\nreloc and renum 2024 No. 22 s 61 (2)","sortOrder":285},{"sectionNumber":"ch.4B-pt.1","sectionType":"part","heading":"Powers of authorised fire officers","content":"# Powers of authorised fire officers","sortOrder":286},{"sectionNumber":"sec.149H","sectionType":"section","heading":"Authorised fire officers","content":"### sec.149H Authorised fire officers\n\nThe commissioner may authorise a fire officer or fire officers belonging to a class of fire officer specified by the commissioner to exercise—\nall the powers conferred by this Act on an authorised fire officer; or\nany power or class of power conferred by this Act on an authorised fire officer.\nA reference in this Act to an authorised fire officer is a reference to—\nthe commissioner; and\na fire officer authorised by the commissioner pursuant to this section.\nA fire officer authorised by the commissioner immediately before the commencement of this section to exercise any power under this Act as an authorised fire officer is taken, on and from the commencement, to be authorised pursuant to this section.\ns 149H (orig s 52) om 1991 No. 51 s 3 0.5\nins 2003 No. 91 s 169\nom 2008 No. 64 s 17\n(prev s 52 (orig s 6A)) ins 1991 No. 51 s 3 0.3\namd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1)\nreloc and renum 2014 No. 17 s 64 ; 2024 No. 22 s 37 (2)\n(sec.149H-ssec.1) The commissioner may authorise a fire officer or fire officers belonging to a class of fire officer specified by the commissioner to exercise— all the powers conferred by this Act on an authorised fire officer; or any power or class of power conferred by this Act on an authorised fire officer.\n(sec.149H-ssec.2) A reference in this Act to an authorised fire officer is a reference to— the commissioner; and a fire officer authorised by the commissioner pursuant to this section.\n(sec.149H-ssec.3) A fire officer authorised by the commissioner immediately before the commencement of this section to exercise any power under this Act as an authorised fire officer is taken, on and from the commencement, to be authorised pursuant to this section.\n- (a) all the powers conferred by this Act on an authorised fire officer; or\n- (b) any power or class of power conferred by this Act on an authorised fire officer.\n- (a) the commissioner; and\n- (b) a fire officer authorised by the commissioner pursuant to this section.","sortOrder":287},{"sectionNumber":"sec.149I","sectionType":"section","heading":"Powers of authorised fire officer in dangerous situations","content":"### sec.149I Powers of authorised fire officer in dangerous situations\n\nAn authorised fire officer may take any reasonable measure—\nto protect persons, property or the environment from danger or potential danger caused by a fire or a hazardous materials emergency; or\nto protect persons trapped in any premises or otherwise endangered.\nWithout limiting the measures that may be taken for a purpose described in subsection (1) , an authorised fire officer may for that purpose do any of the following—\nenter any premises;\nopen any receptacle, using such force as is reasonably necessary;\nbring any apparatus or equipment onto premises;\ndestroy, damage, remove or otherwise deal with any vegetation or any other material or substance, flammable or not flammable;\ndestroy (wholly or in part) or damage any premises or receptacle;\nshore up any building;\nclose any road or access, whether public or private;\nshut off the supply of water from any main, pipe or other source to obtain a greater pressure or supply or take water from any source whether natural or artificial;\ncause to be shut off or disconnected the supply of gas, electricity or any other source of energy to any premises or area;\nrequire any person who, in the opinion of the authorised fire officer, is—\nthe occupier of premises, being the site of or near to the site of the danger; or\nin charge of anything that is the source of the danger or likely (in the opinion of the officer) to increase the danger;\nto take any reasonable measure for the purpose of assisting the officer to deal with the danger or answer any question or provide any information for that purpose;\nrequire any person not to enter or remain within a specified area around the site of the danger;\nremove from any place a person who fails to comply with an order given pursuant to paragraph (k) and use such force as is reasonably necessary for that purpose;\nif unable to identify the person entitled to possession of property found at or near the site of the danger, take possession of the property and retain it for safe custody.\nThe owner of any building shored up pursuant to an exercise of the power conferred by subsection (2) (f) must pay to the commissioner upon demand all reasonable expenses thereby incurred and those expenses may be recovered in a court of competent jurisdiction as a debt due to the State.\nA local government, other authority or a person supplying water or any source of energy is not liable for any interruption of supply caused by the exercise of the power conferred by subsection (2) (h) or (i) .\ns 149I (prev s 53) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 11 sch 2 ; 2002 No. 60 s 16 ; 2006 No. 49 s 5 ; 2014 No. 17 s 184 sch 1 pt 4 ; 2023 No. 11 s 34 s ch 1 pt 1\nreloc and renum 2024 No. 22 s 37 (2)\n(sec.149I-ssec.1) An authorised fire officer may take any reasonable measure— to protect persons, property or the environment from danger or potential danger caused by a fire or a hazardous materials emergency; or to protect persons trapped in any premises or otherwise endangered.\n(sec.149I-ssec.2) Without limiting the measures that may be taken for a purpose described in subsection (1) , an authorised fire officer may for that purpose do any of the following— enter any premises; open any receptacle, using such force as is reasonably necessary; bring any apparatus or equipment onto premises; destroy, damage, remove or otherwise deal with any vegetation or any other material or substance, flammable or not flammable; destroy (wholly or in part) or damage any premises or receptacle; shore up any building; close any road or access, whether public or private; shut off the supply of water from any main, pipe or other source to obtain a greater pressure or supply or take water from any source whether natural or artificial; cause to be shut off or disconnected the supply of gas, electricity or any other source of energy to any premises or area; require any person who, in the opinion of the authorised fire officer, is— the occupier of premises, being the site of or near to the site of the danger; or in charge of anything that is the source of the danger or likely (in the opinion of the officer) to increase the danger; to take any reasonable measure for the purpose of assisting the officer to deal with the danger or answer any question or provide any information for that purpose; require any person not to enter or remain within a specified area around the site of the danger; remove from any place a person who fails to comply with an order given pursuant to paragraph (k) and use such force as is reasonably necessary for that purpose; if unable to identify the person entitled to possession of property found at or near the site of the danger, take possession of the property and retain it for safe custody.\n(sec.149I-ssec.3) The owner of any building shored up pursuant to an exercise of the power conferred by subsection (2) (f) must pay to the commissioner upon demand all reasonable expenses thereby incurred and those expenses may be recovered in a court of competent jurisdiction as a debt due to the State.\n(sec.149I-ssec.4) A local government, other authority or a person supplying water or any source of energy is not liable for any interruption of supply caused by the exercise of the power conferred by subsection (2) (h) or (i) .\n- (a) to protect persons, property or the environment from danger or potential danger caused by a fire or a hazardous materials emergency; or\n- (b) to protect persons trapped in any premises or otherwise endangered.\n- (a) enter any premises;\n- (b) open any receptacle, using such force as is reasonably necessary;\n- (c) bring any apparatus or equipment onto premises;\n- (d) destroy, damage, remove or otherwise deal with any vegetation or any other material or substance, flammable or not flammable;\n- (e) destroy (wholly or in part) or damage any premises or receptacle;\n- (f) shore up any building;\n- (g) close any road or access, whether public or private;\n- (h) shut off the supply of water from any main, pipe or other source to obtain a greater pressure or supply or take water from any source whether natural or artificial;\n- (i) cause to be shut off or disconnected the supply of gas, electricity or any other source of energy to any premises or area;\n- (j) require any person who, in the opinion of the authorised fire officer, is— (i) the occupier of premises, being the site of or near to the site of the danger; or (ii) in charge of anything that is the source of the danger or likely (in the opinion of the officer) to increase the danger; to take any reasonable measure for the purpose of assisting the officer to deal with the danger or answer any question or provide any information for that purpose;\n- (i) the occupier of premises, being the site of or near to the site of the danger; or\n- (ii) in charge of anything that is the source of the danger or likely (in the opinion of the officer) to increase the danger;\n- (k) require any person not to enter or remain within a specified area around the site of the danger;\n- (l) remove from any place a person who fails to comply with an order given pursuant to paragraph (k) and use such force as is reasonably necessary for that purpose;\n- (m) if unable to identify the person entitled to possession of property found at or near the site of the danger, take possession of the property and retain it for safe custody.\n- (i) the occupier of premises, being the site of or near to the site of the danger; or\n- (ii) in charge of anything that is the source of the danger or likely (in the opinion of the officer) to increase the danger;","sortOrder":288},{"sectionNumber":"sec.149J","sectionType":"section","heading":"Disposal of property","content":"### sec.149J Disposal of property\n\nAny property retained for safe custody under section 149I (2) (m) must, as soon as is practicable, be delivered into the possession of a person authorised by, or a person belonging to a class of person authorised by, the commissioner for the purposes of this section.\nThe authorised person—\nmust cause the property to be returned to the person the authorised person believes is entitled to possession of it; or\nif unable to form such a belief, must dispose of or otherwise deal with the property in accordance with any code of practice or any direction given by the commissioner.\nSubject to subsection (4) , any dealing with property pursuant to subsection (2) does not affect the right of any person to recover the property by action from any person who has possession of it as a result of that dealing.\nAn action referred to in subsection (3) must be commenced within 6 months of the date on which the property was dealt with pursuant to subsection (2) .\ns 149J (prev s 54) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 37 (2)\n(sec.149J-ssec.1) Any property retained for safe custody under section 149I (2) (m) must, as soon as is practicable, be delivered into the possession of a person authorised by, or a person belonging to a class of person authorised by, the commissioner for the purposes of this section.\n(sec.149J-ssec.2) The authorised person— must cause the property to be returned to the person the authorised person believes is entitled to possession of it; or if unable to form such a belief, must dispose of or otherwise deal with the property in accordance with any code of practice or any direction given by the commissioner.\n(sec.149J-ssec.3) Subject to subsection (4) , any dealing with property pursuant to subsection (2) does not affect the right of any person to recover the property by action from any person who has possession of it as a result of that dealing.\n(sec.149J-ssec.4) An action referred to in subsection (3) must be commenced within 6 months of the date on which the property was dealt with pursuant to subsection (2) .\n- (a) must cause the property to be returned to the person the authorised person believes is entitled to possession of it; or\n- (b) if unable to form such a belief, must dispose of or otherwise deal with the property in accordance with any code of practice or any direction given by the commissioner.","sortOrder":289},{"sectionNumber":"sec.149K","sectionType":"section","heading":"Powers of authorised fire officer for preventative or investigative purposes","content":"### sec.149K Powers of authorised fire officer for preventative or investigative purposes\n\nAt any time an authorised fire officer may enter any premises or open (using such force as is reasonably necessary) any receptacle for any of the following purposes—\nto prevent, or reduce the likelihood of, the occurrence of a fire or a hazardous materials emergency;\nto investigate whether or not fire safety measures and fire prevention measures, including the implementation of a fire safety management plan as required under chapter 4A , part 4 , have been taken or are being maintained;\nto ascertain the cause of a fire or hazardous materials emergency;\nto ascertain whether any provision of this Act or any notice, notification, order (written or verbal) or permit given under this Act has been or is being complied with;\nto ascertain whether a power conferred by this Act upon an authorised fire officer should be exercised, or to exercise a power under this Act.\nThe power of entry conferred by subsection (1) must not be exercised in respect of—\na building that is a dwelling or such part of a building as is a dwelling; or\na vehicle or vessel used as a dwelling; or\na tent or other structure used as a dwelling;\nunless the occupier has given approval to enter or unless entry is made during or in the aftermath of a fire or hazardous materials emergency occurring at the dwelling, for the purpose of ascertaining its cause.\nHowever, subsection (2) (a) does not apply to a budget accommodation building if the entry is made to investigate whether the owner of the building is implementing a fire safety management plan.\nAn authorised fire officer who enters premises under this section may—\nfor subsection (1) (a) —burn, remove or otherwise deal with any vegetation or other material or substance whether flammable or inflammable at the premises; or\nfor subsection (1) generally—\nsearch any part of the premises; or\ninspect, measure, test, photograph or film any part of the premises or anything at the premises; or\ntake a thing, or a sample of or from a thing, at the premises for analysis or testing; or\ncopy a document at the premises; or\nmake inquiries or conduct surveys and tests; or\ntake into or onto the premises any persons, equipment and materials the authorised fire officer reasonably requires for exercising a power under this part.\nAn authorised fire officer’s power to enter premises or open a receptacle under subsection (1) may be exercised by the officer, or an appropriately qualified person acting under the supervision of the officer, using a device remotely controlled by the officer or person.\ns 149K (prev s 55) amd 1991 No. 51 s 3 .6; 2002 No. 7 s 9 ; 2002 No. 60 s 17 ; 2006 No. 49 s 6 ; 2023 No. 11 s 34 s ch 1 pt 1 ; 2023 No. 7 s 19 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 37 (2)\n(sec.149K-ssec.1) At any time an authorised fire officer may enter any premises or open (using such force as is reasonably necessary) any receptacle for any of the following purposes— to prevent, or reduce the likelihood of, the occurrence of a fire or a hazardous materials emergency; to investigate whether or not fire safety measures and fire prevention measures, including the implementation of a fire safety management plan as required under chapter 4A , part 4 , have been taken or are being maintained; to ascertain the cause of a fire or hazardous materials emergency; to ascertain whether any provision of this Act or any notice, notification, order (written or verbal) or permit given under this Act has been or is being complied with; to ascertain whether a power conferred by this Act upon an authorised fire officer should be exercised, or to exercise a power under this Act.\n(sec.149K-ssec.2) The power of entry conferred by subsection (1) must not be exercised in respect of— a building that is a dwelling or such part of a building as is a dwelling; or a vehicle or vessel used as a dwelling; or a tent or other structure used as a dwelling; unless the occupier has given approval to enter or unless entry is made during or in the aftermath of a fire or hazardous materials emergency occurring at the dwelling, for the purpose of ascertaining its cause.\n(sec.149K-ssec.2A) However, subsection (2) (a) does not apply to a budget accommodation building if the entry is made to investigate whether the owner of the building is implementing a fire safety management plan.\n(sec.149K-ssec.3) An authorised fire officer who enters premises under this section may— for subsection (1) (a) —burn, remove or otherwise deal with any vegetation or other material or substance whether flammable or inflammable at the premises; or for subsection (1) generally— search any part of the premises; or inspect, measure, test, photograph or film any part of the premises or anything at the premises; or take a thing, or a sample of or from a thing, at the premises for analysis or testing; or copy a document at the premises; or make inquiries or conduct surveys and tests; or take into or onto the premises any persons, equipment and materials the authorised fire officer reasonably requires for exercising a power under this part.\n(sec.149K-ssec.4) An authorised fire officer’s power to enter premises or open a receptacle under subsection (1) may be exercised by the officer, or an appropriately qualified person acting under the supervision of the officer, using a device remotely controlled by the officer or person.\n- (a) to prevent, or reduce the likelihood of, the occurrence of a fire or a hazardous materials emergency;\n- (b) to investigate whether or not fire safety measures and fire prevention measures, including the implementation of a fire safety management plan as required under chapter 4A , part 4 , have been taken or are being maintained;\n- (c) to ascertain the cause of a fire or hazardous materials emergency;\n- (d) to ascertain whether any provision of this Act or any notice, notification, order (written or verbal) or permit given under this Act has been or is being complied with;\n- (e) to ascertain whether a power conferred by this Act upon an authorised fire officer should be exercised, or to exercise a power under this Act.\n- (a) a building that is a dwelling or such part of a building as is a dwelling; or\n- (b) a vehicle or vessel used as a dwelling; or\n- (c) a tent or other structure used as a dwelling;\n- (a) for subsection (1) (a) —burn, remove or otherwise deal with any vegetation or other material or substance whether flammable or inflammable at the premises; or\n- (b) for subsection (1) generally— (i) search any part of the premises; or (ii) inspect, measure, test, photograph or film any part of the premises or anything at the premises; or (iii) take a thing, or a sample of or from a thing, at the premises for analysis or testing; or (iv) copy a document at the premises; or (v) make inquiries or conduct surveys and tests; or (vi) take into or onto the premises any persons, equipment and materials the authorised fire officer reasonably requires for exercising a power under this part.\n- (i) search any part of the premises; or\n- (ii) inspect, measure, test, photograph or film any part of the premises or anything at the premises; or\n- (iii) take a thing, or a sample of or from a thing, at the premises for analysis or testing; or\n- (iv) copy a document at the premises; or\n- (v) make inquiries or conduct surveys and tests; or\n- (vi) take into or onto the premises any persons, equipment and materials the authorised fire officer reasonably requires for exercising a power under this part.\n- (i) search any part of the premises; or\n- (ii) inspect, measure, test, photograph or film any part of the premises or anything at the premises; or\n- (iii) take a thing, or a sample of or from a thing, at the premises for analysis or testing; or\n- (iv) copy a document at the premises; or\n- (v) make inquiries or conduct surveys and tests; or\n- (vi) take into or onto the premises any persons, equipment and materials the authorised fire officer reasonably requires for exercising a power under this part.","sortOrder":290},{"sectionNumber":"sec.149L","sectionType":"section","heading":"Extent of power of entry","content":"### sec.149L Extent of power of entry\n\nThe right of entry conferred by section 149I (2) (a) or 149K —\nincludes the right to enter all parts of the premises for which the right is exercised; and\nauthorises the person exercising the right to use a reasonable degree of force to ensure the proper exercise of the right.\ns 149L (prev s 56) amd 2006 No. 49 s 7 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 37 (2)\n- (a) includes the right to enter all parts of the premises for which the right is exercised; and\n- (b) authorises the person exercising the right to use a reasonable degree of force to ensure the proper exercise of the right.","sortOrder":291},{"sectionNumber":"sec.149M","sectionType":"section","heading":"Power to seize evidence etc.","content":"### sec.149M Power to seize evidence etc.\n\nAn authorised fire officer who enters premises under section 149K may seize a thing at the premises if the authorised fire officer reasonably believes—\nthe thing is evidence of an offence against this Act; or\nthe thing has just been used in committing an offence against this Act; or\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed; or\nseizure of the thing is necessary for the purposes mentioned in section 149K .\ns 149M (prev s 56A) ins 2006 No. 49 s 8\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 37 (2)\n- (a) the thing is evidence of an offence against this Act; or\n- (b) the thing has just been used in committing an offence against this Act; or\n- (c) the seizure is necessary to prevent the thing being hidden, lost or destroyed; or\n- (d) seizure of the thing is necessary for the purposes mentioned in section 149K .","sortOrder":292},{"sectionNumber":"sec.149N","sectionType":"section","heading":"Powers supporting seizure","content":"### sec.149N Powers supporting seizure\n\nHaving seized a thing, an authorised fire officer may—\nmove the thing from the premises where it was seized (the premises of seizure ); or\nleave the thing at the premises of seizure but take reasonable action to restrict access to it.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\nIf an authorised fire officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an authorised fire officer’s approval.\nMaximum penalty—40 penalty units.\nTo enable a thing to be seized, an authorised fire officer may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a reasonable time.\nThe requirement—\nmust be made by notice in the approved form; or\nif for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.\nThe person must comply with the requirement unless the person has a reasonable excuse for not complying.\nMaximum penalty—40 penalty units.\nA further requirement may be made under this section in relation to the same thing if it is necessary and reasonable to make the further requirement.\ns 149N (prev s 56B) ins 2006 No. 49 s 8\nreloc and renum 2024 No. 22 s 37 (2)\n(sec.149N-ssec.1) Having seized a thing, an authorised fire officer may— move the thing from the premises where it was seized (the premises of seizure ); or leave the thing at the premises of seizure but take reasonable action to restrict access to it. sealing a thing and marking it to show access to it is restricted sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\n(sec.149N-ssec.2) If an authorised fire officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an authorised fire officer’s approval. Maximum penalty—40 penalty units.\n(sec.149N-ssec.3) To enable a thing to be seized, an authorised fire officer may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a reasonable time.\n(sec.149N-ssec.4) The requirement— must be made by notice in the approved form; or if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.\n(sec.149N-ssec.5) The person must comply with the requirement unless the person has a reasonable excuse for not complying. Maximum penalty—40 penalty units.\n(sec.149N-ssec.6) A further requirement may be made under this section in relation to the same thing if it is necessary and reasonable to make the further requirement.\n- (a) move the thing from the premises where it was seized (the premises of seizure ); or\n- (b) leave the thing at the premises of seizure but take reasonable action to restrict access to it. Examples of restricting access to a thing— • sealing a thing and marking it to show access to it is restricted • sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\n- • sealing a thing and marking it to show access to it is restricted\n- • sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\n- • sealing a thing and marking it to show access to it is restricted\n- • sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a reasonable time.\n- (a) must be made by notice in the approved form; or\n- (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.","sortOrder":293},{"sectionNumber":"sec.149O","sectionType":"section","heading":"Receipt for seized things","content":"### sec.149O Receipt for seized things\n\nAs soon as practicable after an authorised fire officer seizes a thing, the authorised fire officer must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the authorised fire officer must leave the receipt in a conspicuous position and in a reasonably secure way at the premises of seizure.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt required by the section (given the thing’s nature, condition and value).\ns 149O (prev s 56C) ins 2006 No. 49 s 8\nreloc and renum 2024 No. 22 s 37 (2)\n(sec.149O-ssec.1) As soon as practicable after an authorised fire officer seizes a thing, the authorised fire officer must give a receipt for it to the person from whom it was seized.\n(sec.149O-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised fire officer must leave the receipt in a conspicuous position and in a reasonably secure way at the premises of seizure.\n(sec.149O-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.149O-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt required by the section (given the thing’s nature, condition and value).","sortOrder":294},{"sectionNumber":"sec.149P","sectionType":"section","heading":"Forfeiture of seized things","content":"### sec.149P Forfeiture of seized things\n\nA seized thing is forfeited to the State if the authorised fire officer who seized the thing—\ncan not find its owner after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts.\nSubsection (1) (a) does not require the authorised fire officer to make inquiries if it would be unreasonable to make inquiries to find the owner, and subsection (1) (b) does not require the authorised fire officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nIn deciding whether and, if so, what inquiries and efforts are reasonable about a thing, regard must be had to the thing’s nature, condition and value.\ns 149P (prev s 56D) ins 2006 No. 49 s 8\nreloc and renum 2024 No. 22 s 37 (2)\n(sec.149P-ssec.1) A seized thing is forfeited to the State if the authorised fire officer who seized the thing— can not find its owner after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts.\n(sec.149P-ssec.2) Subsection (1) (a) does not require the authorised fire officer to make inquiries if it would be unreasonable to make inquiries to find the owner, and subsection (1) (b) does not require the authorised fire officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n(sec.149P-ssec.3) In deciding whether and, if so, what inquiries and efforts are reasonable about a thing, regard must be had to the thing’s nature, condition and value.\n- (a) can not find its owner after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts.","sortOrder":295},{"sectionNumber":"sec.149Q","sectionType":"section","heading":"Return of seized things","content":"### sec.149Q Return of seized things\n\nIf a seized thing has not been forfeited, the authorised fire officer must return it to its owner at the end of—\n6 months; or\nif a proceeding for an offence involving it is started within 6 months—the proceeding and any appeal from the proceeding.\nDespite subsection (1) , unless the thing has been forfeited, the authorised fire officer must immediately return a thing seized as evidence to its owner if the authorised fire officer stops being satisfied its continued retention as evidence is necessary.\ns 149Q (prev s 56E) ins 2006 No. 49 s 8\nreloc and renum 2024 No. 22 s 37 (2)\n(sec.149Q-ssec.1) If a seized thing has not been forfeited, the authorised fire officer must return it to its owner at the end of— 6 months; or if a proceeding for an offence involving it is started within 6 months—the proceeding and any appeal from the proceeding.\n(sec.149Q-ssec.2) Despite subsection (1) , unless the thing has been forfeited, the authorised fire officer must immediately return a thing seized as evidence to its owner if the authorised fire officer stops being satisfied its continued retention as evidence is necessary.\n- (a) 6 months; or\n- (b) if a proceeding for an offence involving it is started within 6 months—the proceeding and any appeal from the proceeding.","sortOrder":296},{"sectionNumber":"sec.149R","sectionType":"section","heading":"Access to seized things","content":"### sec.149R Access to seized things\n\nUntil a seized thing is forfeited or returned, an authorised fire officer must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\ns 149R (prev s 56F) ins 2006 No. 49 s 8\nreloc and renum 2024 No. 22 s 37 (2)\n(sec.149R-ssec.1) Until a seized thing is forfeited or returned, an authorised fire officer must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.149R-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":297},{"sectionNumber":"sec.149S","sectionType":"section","heading":"Power to require name and address","content":"### sec.149S Power to require name and address\n\nThis section applies if an authorised fire officer—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this Act; or\nhas information that leads the officer to reasonably suspect a person has committed an offence against this Act.\nThe authorised fire officer may require the person to state the person’s name and residential address.\nWhen making the requirement, the authorised fire officer must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\nThe authorised fire officer may require the person to give evidence of the correctness of the stated name or address if the authorised fire officer reasonably suspects the stated name or address is false.\nA person must comply with a requirement under subsection (2) or (4) , unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\nThe person does not commit an offence against subsection (5) if—\nthe person was required to state the person’s name and address by an authorised fire officer who suspected the person had just committed an offence against this Act; and\nthe person is not proved to have committed the offence.\ns 149S (prev s 57) sub 2006 No. 49 s 9\namd 2008 No. 64 s 18\nreloc and renum 2024 No. 22 s 37 (2)\n(sec.149S-ssec.1) This section applies if an authorised fire officer— finds a person committing an offence against this Act; or finds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this Act; or has information that leads the officer to reasonably suspect a person has committed an offence against this Act.\n(sec.149S-ssec.2) The authorised fire officer may require the person to state the person’s name and residential address.\n(sec.149S-ssec.3) When making the requirement, the authorised fire officer must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\n(sec.149S-ssec.4) The authorised fire officer may require the person to give evidence of the correctness of the stated name or address if the authorised fire officer reasonably suspects the stated name or address is false.\n(sec.149S-ssec.5) A person must comply with a requirement under subsection (2) or (4) , unless the person has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.149S-ssec.6) The person does not commit an offence against subsection (5) if— the person was required to state the person’s name and address by an authorised fire officer who suspected the person had just committed an offence against this Act; and the person is not proved to have committed the offence.\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this Act; or\n- (c) has information that leads the officer to reasonably suspect a person has committed an offence against this Act.\n- (a) the person was required to state the person’s name and address by an authorised fire officer who suspected the person had just committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence.","sortOrder":298},{"sectionNumber":"sec.149T","sectionType":"section","heading":"Reasonable assistance to be provided","content":"### sec.149T Reasonable assistance to be provided\n\nAn authorised fire officer who enters any premises under this part may require any person having responsibilities in relation to the premises (whether as owner or occupier of the premises or as a person employed to work thereon or otherwise) to provide the officer with such facilities and assistance with respect to matters or things to which the person’s responsibilities extend as are reasonably necessary to enable the officer to exercise the powers conferred upon the officer by this Act.\nA person who is required to provide facilities and assistance to an authorised fire officer under subsection (1) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\nIt is not a reasonable excuse for the person to fail to comply with the requirement that complying with it might tend to incriminate the person.\nHowever, if—\nthe person is an individual; and\nthe requirement is to give information or produce a document;\nevidence of, or evidence directly or indirectly derived from, the information or document that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence about the falsity or misleading nature of the information or document.\nIf 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.\ns 149T (prev s 58A) ins 1991 No. 51 s 3 0.7\namd 2006 No. 49 s 11 ; 2023 No. 11 s 34 s ch 1 pt 1\nreloc and renum 2024 No. 22 s 37 (2)\n(sec.149T-ssec.1) An authorised fire officer who enters any premises under this part may require any person having responsibilities in relation to the premises (whether as owner or occupier of the premises or as a person employed to work thereon or otherwise) to provide the officer with such facilities and assistance with respect to matters or things to which the person’s responsibilities extend as are reasonably necessary to enable the officer to exercise the powers conferred upon the officer by this Act.\n(sec.149T-ssec.2) A person who is required to provide facilities and assistance to an authorised fire officer under subsection (1) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.149T-ssec.3) It is not a reasonable excuse for the person to fail to comply with the requirement that complying with it might tend to incriminate the person.\n(sec.149T-ssec.4) However, if— the person is an individual; and the requirement is to give information or produce a document; evidence of, or evidence directly or indirectly derived from, the information or document that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence about the falsity or misleading nature of the information or document.\n(sec.149T-ssec.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.\n- (a) the person is an individual; and\n- (b) the requirement is to give information or produce a document;","sortOrder":299},{"sectionNumber":"sec.149U","sectionType":"section","heading":"Power to inquire into fire or hazardous materials emergency","content":"### sec.149U Power to inquire into fire or hazardous materials emergency\n\nThis section—\napplies if an authorised fire officer becomes aware, or reasonably suspects, that a fire or hazardous materials emergency (the emergency ) has happened; and\napplies for section 149K and for this Act generally.\nThe authorised fire officer may inquire into the circumstances and probable causes of the emergency.\nThe authorised fire officer may require a person who has knowledge, or whom the authorised fire officer reasonably suspects to have knowledge, of the circumstances of the emergency to give the authorised fire officer reasonable help, as stated in the requirement, to inquire under subsection (2) .\nA requirement under subsection (3) may be given orally or in writing.\nA person must comply with a requirement under subsection (3) unless the person has a reasonable excuse for not complying.\nMaximum penalty—10 penalty units.\nIf the requirement is to be complied with by a person who is an individual giving information or producing a document, other than a document required to be kept by the person under this Act, it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might tend to incriminate the person.\ns 149U (prev s 58B) ins 2006 No. 49 s 12\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 37 (2)\n(sec.149U-ssec.1) This section— applies if an authorised fire officer becomes aware, or reasonably suspects, that a fire or hazardous materials emergency (the emergency ) has happened; and applies for section 149K and for this Act generally.\n(sec.149U-ssec.2) The authorised fire officer may inquire into the circumstances and probable causes of the emergency.\n(sec.149U-ssec.3) The authorised fire officer may require a person who has knowledge, or whom the authorised fire officer reasonably suspects to have knowledge, of the circumstances of the emergency to give the authorised fire officer reasonable help, as stated in the requirement, to inquire under subsection (2) .\n(sec.149U-ssec.4) A requirement under subsection (3) may be given orally or in writing.\n(sec.149U-ssec.5) A person must comply with a requirement under subsection (3) unless the person has a reasonable excuse for not complying. Maximum penalty—10 penalty units.\n(sec.149U-ssec.6) If the requirement is to be complied with by a person who is an individual giving information or producing a document, other than a document required to be kept by the person under this Act, it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might tend to incriminate the person.\n- (a) applies if an authorised fire officer becomes aware, or reasonably suspects, that a fire or hazardous materials emergency (the emergency ) has happened; and\n- (b) applies for section 149K and for this Act generally.","sortOrder":300},{"sectionNumber":"sec.149V","sectionType":"section","heading":"Power to require production of certain documents","content":"### sec.149V Power to require production of certain documents\n\nAn authorised fire officer may require a person to make available for inspection by an authorised fire officer, or produce to the authorised fire officer for inspection, at a reasonable time and place stated by the authorised fire officer—\na document issued to the person under this Act or required to be kept by the person under this Act; or\na document about the person’s obligations under this Act for fire safety, including about the maintenance of fire safety installations in a building or the fire safety systems for a building.\nThe person must comply with a requirement under subsection (1) , unless the person has a reasonable excuse for not complying.\nMaximum penalty—10 penalty units.\nIf the person is an individual, it is a reasonable excuse for the person not to comply with the requirement under subsection (1) if complying with the requirement might tend to incriminate the person.\nThe authorised fire officer may keep the document to copy it.\nIf the authorised fire officer copies the document, or an entry in the document, the authorised fire officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nThe person responsible for keeping the document must comply with the requirement, unless the person has a reasonable excuse for not complying.\nMaximum penalty—20 penalty units.\nThe authorised fire officer must return the document to the person as soon as practicable after copying it.\ns 149V (prev s 58C) ins 2006 No. 49 s 12\namd 2008 No. 13 s 18\nreloc and renum 2024 No. 22 s 37 (2)\n(sec.149V-ssec.1) An authorised fire officer may require a person to make available for inspection by an authorised fire officer, or produce to the authorised fire officer for inspection, at a reasonable time and place stated by the authorised fire officer— a document issued to the person under this Act or required to be kept by the person under this Act; or a document about the person’s obligations under this Act for fire safety, including about the maintenance of fire safety installations in a building or the fire safety systems for a building.\n(sec.149V-ssec.2) The person must comply with a requirement under subsection (1) , unless the person has a reasonable excuse for not complying. Maximum penalty—10 penalty units.\n(sec.149V-ssec.3) If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement under subsection (1) if complying with the requirement might tend to incriminate the person.\n(sec.149V-ssec.4) The authorised fire officer may keep the document to copy it.\n(sec.149V-ssec.5) If the authorised fire officer copies the document, or an entry in the document, the authorised fire officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.149V-ssec.6) The person responsible for keeping the document must comply with the requirement, unless the person has a reasonable excuse for not complying. Maximum penalty—20 penalty units.\n(sec.149V-ssec.7) The authorised fire officer must return the document to the person as soon as practicable after copying it.\n- (a) a document issued to the person under this Act or required to be kept by the person under this Act; or\n- (b) a document about the person’s obligations under this Act for fire safety, including about the maintenance of fire safety installations in a building or the fire safety systems for a building.","sortOrder":301},{"sectionNumber":"sec.149W","sectionType":"section","heading":"Power to require information about identity of occupier","content":"### sec.149W Power to require information about identity of occupier\n\nThis section applies if a person alleges to an authorised fire officer, or an authorised fire officer reasonably suspects, a contravention of this Act or the Building Act 1975 , chapter 7 or 7A has been committed in relation to premises.\nAn authorised fire officer may require any of the following persons to give the authorised fire officer information that will identify or help identify an occupier of the premises—\na government entity;\nan occupier of the premises;\na person who may reasonably be expected to give the information.\nA person must comply with a requirement under subsection (2) , unless the person has a reasonable excuse for not complying.\nMaximum penalty—20 penalty units.\nIf the person is an individual, it is a reasonable excuse for the person not to comply with a requirement under subsection (2) if complying with the requirement might tend to incriminate the person.\ns 149W (prev s 58D) ins 2016 No. 48 s 6\nreloc and renum 2024 No. 22 s 37 (2)\n(sec.149W-ssec.1) This section applies if a person alleges to an authorised fire officer, or an authorised fire officer reasonably suspects, a contravention of this Act or the Building Act 1975 , chapter 7 or 7A has been committed in relation to premises.\n(sec.149W-ssec.2) An authorised fire officer may require any of the following persons to give the authorised fire officer information that will identify or help identify an occupier of the premises— a government entity; an occupier of the premises; a person who may reasonably be expected to give the information.\n(sec.149W-ssec.3) A person must comply with a requirement under subsection (2) , unless the person has a reasonable excuse for not complying. Maximum penalty—20 penalty units.\n(sec.149W-ssec.4) If the person is an individual, it is a reasonable excuse for the person not to comply with a requirement under subsection (2) if complying with the requirement might tend to incriminate the person.\n- (a) a government entity;\n- (b) an occupier of the premises;\n- (c) a person who may reasonably be expected to give the information.","sortOrder":302},{"sectionNumber":"sec.149X","sectionType":"section","heading":"Person acting at direction of authorised fire officer","content":"### sec.149X Person acting at direction of authorised fire officer\n\nAny power conferred upon an authorised fire officer may be exercised by any person acting at the direction of an authorised fire officer and any power so exercised is taken to have been exercised by an authorised fire officer.\ns 149X (prev s 59) reloc and renum 2024 No. 22 s 37 (2)","sortOrder":303},{"sectionNumber":"sec.149Y","sectionType":"section","heading":"Directions concerning exercise of powers","content":"### sec.149Y Directions concerning exercise of powers\n\nThe exercise of a power conferred by or under this part on an authorised fire officer or any other person must be in accordance with any direction given by the commissioner and with any code of practice.\ns 149Y (prev s 60) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1)\nreloc and renum 2024 No. 22 s 37 (2)","sortOrder":304},{"sectionNumber":"sec.149Z","sectionType":"section","heading":"Decontamination","content":"### sec.149Z Decontamination\n\nAn authorised fire officer may ask a person the authorised fire officer is satisfied may be, is, or may have been affected by a chemical substance, to agree to undergo decontamination.\nThe person may agree or refuse to agree to the request.\nIf the person agrees, it is lawful for the authorised fire officer to take the steps the authorised fire officer considers reasonably necessary to decontaminate the person, including, for example, asking the person to stay where the person is or to move to a stated place for the purpose.\nThe authorised fire officer may not direct another person to perform the decontamination.\nIn this section—\ndecontaminate , in relation to a chemical substance, means make the chemical substance harmless.\ns 149Z (prev s 60A) ins 2003 No. 46 s 19 sch\nreloc and renum 2024 No. 22 s 37 (2)\n(sec.149Z-ssec.1) An authorised fire officer may ask a person the authorised fire officer is satisfied may be, is, or may have been affected by a chemical substance, to agree to undergo decontamination.\n(sec.149Z-ssec.2) The person may agree or refuse to agree to the request.\n(sec.149Z-ssec.3) If the person agrees, it is lawful for the authorised fire officer to take the steps the authorised fire officer considers reasonably necessary to decontaminate the person, including, for example, asking the person to stay where the person is or to move to a stated place for the purpose.\n(sec.149Z-ssec.4) The authorised fire officer may not direct another person to perform the decontamination.\n(sec.149Z-ssec.5) In this section— decontaminate , in relation to a chemical substance, means make the chemical substance harmless.","sortOrder":305},{"sectionNumber":"ch.4B-pt.2","sectionType":"part","heading":"Powers of investigation officers","content":"# Powers of investigation officers","sortOrder":306},{"sectionNumber":"ch.4B-pt.2-div.1","sectionType":"division","heading":"Investigation officers","content":"## Investigation officers","sortOrder":307},{"sectionNumber":"sec.149ZA","sectionType":"section","heading":"Appointment","content":"### sec.149ZA Appointment\n\nThe commissioner may appoint any of the following persons as an investigation officer—\na public service employee;\na fire service officer;\na person prescribed under a regulation.\nHowever, the commissioner may appoint a person as an investigation officer only if the commissioner is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\ns 149ZA (prev s 60B) ins 2008 No. 64 s 20\nreloc and renum 2024 No. 22 s 38 (2)\n(sec.149ZA-ssec.1) The commissioner may appoint any of the following persons as an investigation officer— a public service employee; a fire service officer; a person prescribed under a regulation.\n(sec.149ZA-ssec.2) However, the commissioner may appoint a person as an investigation officer only if the commissioner is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n- (a) a public service employee;\n- (b) a fire service officer;\n- (c) a person prescribed under a regulation.","sortOrder":308},{"sectionNumber":"sec.149ZB","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.149ZB Appointment conditions and limit on powers\n\nAn investigation officer holds office on any conditions stated in—\nthe officer’s instrument of appointment; or\na signed notice given to the officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the investigation officer or a regulation may limit the officer’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the commissioner.\ns 149ZB (prev s 60C) ins 2008 No. 64 s 20\nreloc and renum 2024 No. 22 s 38 (2)\n(sec.149ZB-ssec.1) An investigation officer holds office on any conditions stated in— the officer’s instrument of appointment; or a signed notice given to the officer; or a regulation.\n(sec.149ZB-ssec.2) The instrument of appointment, a signed notice given to the investigation officer or a regulation may limit the officer’s powers under this Act.\n(sec.149ZB-ssec.3) In this section— signed notice means a notice signed by the commissioner.\n- (a) the officer’s instrument of appointment; or\n- (b) a signed notice given to the officer; or\n- (c) a regulation.","sortOrder":309},{"sectionNumber":"sec.149ZC","sectionType":"section","heading":"When investigation officer ceases to hold office","content":"### sec.149ZC When investigation officer ceases to hold office\n\nAn investigation officer ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the officer ceases to hold office.\nSubsection (1) does not limit the ways an investigation officer may cease to hold office.\nIn this section—\ncondition of office means a condition on which the investigation officer holds office.\ns 149ZC (prev s 60D) ins 2008 No. 64 s 20\nreloc and renum 2024 No. 22 s 38 (2)\n(sec.149ZC-ssec.1) An investigation officer ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the officer ceases to hold office.\n(sec.149ZC-ssec.2) Subsection (1) does not limit the ways an investigation officer may cease to hold office.\n(sec.149ZC-ssec.3) In this section— condition of office means a condition on which the investigation officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the officer ceases to hold office.","sortOrder":310},{"sectionNumber":"sec.149ZD","sectionType":"section","heading":"Functions of investigation officers","content":"### sec.149ZD Functions of investigation officers\n\nAn investigation officer has the function of investigating offences against this part and section 150B .\ns 149ZD (prev s 60E) ins 2008 No. 64 s 20\namd 2014 No. 17 s 91\nreloc and renum 2024 No. 22 s 38 (2)","sortOrder":311},{"sectionNumber":"sec.149ZE","sectionType":"section","heading":"Issue of identity card","content":"### sec.149ZE Issue of identity card\n\nThe commissioner must issue an identity card to each investigation officer.\nThe identity card must—\ncontain a recent photo of the investigation officer; and\ncontain a copy of the investigation officer’s signature; and\nidentify the person as an investigation officer under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\ns 149ZE (prev s 60F) ins 2008 No. 64 s 20\nreloc and renum 2024 No. 22 s 38 (2)\n(sec.149ZE-ssec.1) The commissioner must issue an identity card to each investigation officer.\n(sec.149ZE-ssec.2) The identity card must— contain a recent photo of the investigation officer; and contain a copy of the investigation officer’s signature; and identify the person as an investigation officer under this Act; and state an expiry date for the card.\n(sec.149ZE-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the investigation officer; and\n- (b) contain a copy of the investigation officer’s signature; and\n- (c) identify the person as an investigation officer under this Act; and\n- (d) state an expiry date for the card.","sortOrder":312},{"sectionNumber":"sec.149ZF","sectionType":"section","heading":"Production or display of identity card","content":"### sec.149ZF Production or display of identity card\n\nIn exercising a power under this part in relation to a person, an investigation officer must—\nproduce the officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the investigation officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an investigation officer does not exercise a power in relation to a person only because the officer has entered a place as mentioned in section 149ZH (1) (b) or (2) .\ns 149ZF (prev s 60G) ins 2008 No. 64 s 20\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 38 (2)\n(sec.149ZF-ssec.1) In exercising a power under this part in relation to a person, an investigation officer must— produce the officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.149ZF-ssec.2) However, if it is not practicable to comply with subsection (1) , the investigation officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.149ZF-ssec.3) For subsection (1) , an investigation officer does not exercise a power in relation to a person only because the officer has entered a place as mentioned in section 149ZH (1) (b) or (2) .\n- (a) produce the officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":313},{"sectionNumber":"sec.149ZG","sectionType":"section","heading":"Return of identity card","content":"### sec.149ZG Return of identity card\n\nA person who ceases to be an investigation officer must return the person’s identity card to the commissioner within 21 days after ceasing to be an investigation officer unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\ns 149ZG (prev s 60H) ins 2008 No. 64 s 20\nreloc and renum 2024 No. 22 s 38 (2)","sortOrder":314},{"sectionNumber":"ch.4B-pt.2-div.2","sectionType":"division","heading":"Powers of investigation officers","content":"## Powers of investigation officers","sortOrder":315},{"sectionNumber":"sec.149ZH","sectionType":"section","heading":"Power to enter places","content":"### sec.149ZH Power to enter places\n\nAn investigation officer may enter a place if—\nan occupier of the place consents to the entry; or\nit is a public place and the entry is made when it is open to the public.\nFor the purpose of asking the occupier of a place for consent to enter, an investigation officer may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nIn this section—\npublic place means—\na place to which members of the public have access as of right, whether or not on payment of a fee and whether or not access to the place may be restricted at particular times or for particular purposes; or\na part of a place that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public.\ns 149ZH (prev s 60I) ins 2008 No. 64 s 20\nreloc and renum 2024 No. 22 s 38 (2)\n(sec.149ZH-ssec.1) An investigation officer may enter a place if— an occupier of the place consents to the entry; or it is a public place and the entry is made when it is open to the public.\n(sec.149ZH-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an investigation officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.149ZH-ssec.3) In this section— public place means— a place to which members of the public have access as of right, whether or not on payment of a fee and whether or not access to the place may be restricted at particular times or for particular purposes; or a part of a place that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public.\n- (a) an occupier of the place consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n- (a) a place to which members of the public have access as of right, whether or not on payment of a fee and whether or not access to the place may be restricted at particular times or for particular purposes; or\n- (b) a part of a place that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public.","sortOrder":316},{"sectionNumber":"sec.149ZI","sectionType":"section","heading":"Entry with consent","content":"### sec.149ZI Entry with consent\n\nThis section applies if an investigation officer intends to ask an occupier of a place to consent to the officer or another investigation officer entering the place.\nBefore asking for the consent, the investigation officer must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the investigation officer may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the investigation officer consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs an acknowledgement, the investigation officer must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\ns 149ZI (prev s 60J) ins 2008 No. 64 s 20\nreloc and renum 2024 No. 22 s 38 (2)\n(sec.149ZI-ssec.1) This section applies if an investigation officer intends to ask an occupier of a place to consent to the officer or another investigation officer entering the place.\n(sec.149ZI-ssec.2) Before asking for the consent, the investigation officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.149ZI-ssec.3) If the consent is given, the investigation officer may ask the occupier to sign an acknowledgement of the consent.\n(sec.149ZI-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the investigation officer consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.149ZI-ssec.5) If the occupier signs an acknowledgement, the investigation officer must immediately give a copy to the occupier.\n(sec.149ZI-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the investigation officer consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement complying with subsection (4) for the entry is not produced in evidence;","sortOrder":317},{"sectionNumber":"sec.149ZJ","sectionType":"section","heading":"General powers after entering places","content":"### sec.149ZJ General powers after entering places\n\nThis section applies to an investigation officer who enters a place.\nHowever, if an investigation officer enters a place to get the occupier’s consent to enter a place, this section applies to the officer only if the consent is given or the entry is otherwise authorised.\nFor monitoring and enforcing compliance with this part or section 150B , the investigation officer may—\ncopy a document at the place or take the document to another place to copy it; or\nrequire a person at the place, to give the officer reasonable help to exercise the officer’s powers under paragraph (a) ; or\nrequire a person at the place, to answer questions by the officer to help the officer ascertain whether the person, or another person at the place, committed an offence against this Act.\nWhen making a requirement mentioned in subsection (3) (b) or (c) , the investigation officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\nIf an investigation officer takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.\nTo remove any doubt, it is declared that this section applies to an investigation officer who is also an authorised fire officer and enters a place for the purpose of exercising a power under part 1 .\nAlso, the powers an investigation officer mentioned in subsection (6) has under this section are in addition to, and do not limit, any powers the officer may have under part 1 .\ns 149ZJ (prev s 60K) ins 2008 No. 64 s 20\namd 2014 No. 17 s 92 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 38 (2)\n(sec.149ZJ-ssec.1) This section applies to an investigation officer who enters a place.\n(sec.149ZJ-ssec.2) However, if an investigation officer enters a place to get the occupier’s consent to enter a place, this section applies to the officer only if the consent is given or the entry is otherwise authorised.\n(sec.149ZJ-ssec.3) For monitoring and enforcing compliance with this part or section 150B , the investigation officer may— copy a document at the place or take the document to another place to copy it; or require a person at the place, to give the officer reasonable help to exercise the officer’s powers under paragraph (a) ; or require a person at the place, to answer questions by the officer to help the officer ascertain whether the person, or another person at the place, committed an offence against this Act.\n(sec.149ZJ-ssec.4) When making a requirement mentioned in subsection (3) (b) or (c) , the investigation officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.149ZJ-ssec.5) If an investigation officer takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.\n(sec.149ZJ-ssec.6) To remove any doubt, it is declared that this section applies to an investigation officer who is also an authorised fire officer and enters a place for the purpose of exercising a power under part 1 .\n(sec.149ZJ-ssec.7) Also, the powers an investigation officer mentioned in subsection (6) has under this section are in addition to, and do not limit, any powers the officer may have under part 1 .\n- (a) copy a document at the place or take the document to another place to copy it; or\n- (b) require a person at the place, to give the officer reasonable help to exercise the officer’s powers under paragraph (a) ; or\n- (c) require a person at the place, to answer questions by the officer to help the officer ascertain whether the person, or another person at the place, committed an offence against this Act.","sortOrder":318},{"sectionNumber":"sec.149ZK","sectionType":"section","heading":"Failure to help investigation officer","content":"### sec.149ZK Failure to help investigation officer\n\nA person required to give reasonable help under section 149ZJ (3) (b) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\nIt is a reasonable excuse for the person not to comply with the requirement because complying with the requirement might tend to incriminate the person.\ns 149ZK (prev s 60L) ins 2008 No. 64 s 20\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 38 (2)\n(sec.149ZK-ssec.1) A person required to give reasonable help under section 149ZJ (3) (b) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.149ZK-ssec.2) It is a reasonable excuse for the person not to comply with the requirement because complying with the requirement might tend to incriminate the person.","sortOrder":319},{"sectionNumber":"sec.149ZL","sectionType":"section","heading":"Failure to answer questions","content":"### sec.149ZL Failure to answer questions\n\nA person of whom a requirement is made under section 149ZJ (3) (c) must, unless the person has a reasonable excuse, comply with the requirement.\nMaximum penalty—10 penalty units.\nIt is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.\ns 149ZL (prev s 60M) ins 2008 No. 64 s 20\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 38 (2)\n(sec.149ZL-ssec.1) A person of whom a requirement is made under section 149ZJ (3) (c) must, unless the person has a reasonable excuse, comply with the requirement. Maximum penalty—10 penalty units.\n(sec.149ZL-ssec.2) It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.","sortOrder":320},{"sectionNumber":"sec.149ZM","sectionType":"section","heading":"Power to require name and address","content":"### sec.149ZM Power to require name and address\n\nThis section applies if an investigation officer—\nfinds a person committing an offence against this part or section 150B ; or\nfinds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this part or section 150B ; or\nhas information that leads the officer to reasonably suspect a person has committed an offence against this part or section 150B .\nThe investigation officer may require the person to state the person’s name and residential address.\nWhen making the requirement, the investigation officer must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\nThe investigation officer may require the person to give the officer evidence of the correctness of the stated name or residential address if the officer reasonably suspects the stated name or address to be false.\ns 149ZM (prev s 60N) ins 2008 No. 64 s 20\namd 2014 No. 17 s 93\nreloc and renum 2024 No. 22 s 38 (2)\n(sec.149ZM-ssec.1) This section applies if an investigation officer— finds a person committing an offence against this part or section 150B ; or finds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this part or section 150B ; or has information that leads the officer to reasonably suspect a person has committed an offence against this part or section 150B .\n(sec.149ZM-ssec.2) The investigation officer may require the person to state the person’s name and residential address.\n(sec.149ZM-ssec.3) When making the requirement, the investigation officer must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\n(sec.149ZM-ssec.4) The investigation officer may require the person to give the officer evidence of the correctness of the stated name or residential address if the officer reasonably suspects the stated name or address to be false.\n- (a) finds a person committing an offence against this part or section 150B ; or\n- (b) finds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this part or section 150B ; or\n- (c) has information that leads the officer to reasonably suspect a person has committed an offence against this part or section 150B .","sortOrder":321},{"sectionNumber":"sec.149ZN","sectionType":"section","heading":"Failure to give name or address","content":"### sec.149ZN Failure to give name or address\n\nA person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\nA person does not commit an offence against subsection (1) if—\nthe person was required to state the person’s name and residential address by an investigation officer who suspected the person had committed an offence against this Act; and\nthe person is not proved to have committed the offence against this Act.\nIn this section—\npersonal details requirement means a requirement under section 149ZM (2) or (4) .\ns 149ZN (prev s 60O) ins 2008 No. 64 s 20\namd 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 38 (2)\n(sec.149ZN-ssec.1) A person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.149ZN-ssec.2) A person does not commit an offence against subsection (1) if— the person was required to state the person’s name and residential address by an investigation officer who suspected the person had committed an offence against this Act; and the person is not proved to have committed the offence against this Act.\n(sec.149ZN-ssec.3) In this section— personal details requirement means a requirement under section 149ZM (2) or (4) .\n- (a) the person was required to state the person’s name and residential address by an investigation officer who suspected the person had committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence against this Act.","sortOrder":322},{"sectionNumber":"sec.149ZO","sectionType":"section","heading":"False or misleading statements","content":"### sec.149ZO False or misleading statements\n\nA person must not state anything to an investigation officer the person knows is false or misleading in a material particular.\nMaximum penalty—10 penalty units.\ns 149ZO (prev s 60P) ins 2008 No. 64 s 20\nreloc and renum 2024 No. 22 s 38 (2)","sortOrder":323},{"sectionNumber":"sec.149ZP","sectionType":"section","heading":"False or misleading documents","content":"### sec.149ZP False or misleading documents\n\nA person must not give an investigation officer a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—10 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the investigation officer, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\ns 149ZP (prev s 60Q) ins 2008 No. 64 s 20\nreloc and renum 2024 No. 22 s 38 (2)\n(sec.149ZP-ssec.1) A person must not give an investigation officer a document containing information the person knows is false or misleading in a material particular. Maximum penalty—10 penalty units.\n(sec.149ZP-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the investigation officer, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the investigation officer, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":324},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":325},{"sectionNumber":"sec.150","sectionType":"section","heading":"Lighting of grass fire prohibited","content":"### sec.150 Lighting of grass fire prohibited\n\nA person must not light, or attempt to light, a grass fire with the intention of injuring a person or property.\nMaximum penalty—500 penalty units or 5 years imprisonment.\ns 150 prev s 150 om 2006 No. 49 s 47\npres s 150 ins 2008 No. 64 s 23\nsub 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1","sortOrder":326},{"sectionNumber":"sec.150A","sectionType":"section","heading":"Interference with fire apparatus etc.","content":"### sec.150A Interference with fire apparatus etc.\n\nA person must not wilfully and unlawfully—\ndestroy, damage, remove, cover or otherwise interfere with an apparatus designed for—\nwarning of fire, including an alarm; or\nthe prevention of fire; or\nuse in the event of fire; or\nenclose a fireplug so that it is difficult to locate or use; or\nobliterate or cover a mark or sign used for locating a fireplug.\nMaximum penalty—\nif the offence is committed during a state of fire emergency at a place to which the declaration of emergency applies—250 penalty units or 1 year’s imprisonment; or\notherwise—50 penalty units or 6 months imprisonment.\ns 150A ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\n- (a) destroy, damage, remove, cover or otherwise interfere with 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; or\n- (i) warning of fire, including an alarm; or\n- (ii) the prevention of fire; or\n- (iii) use in the event of fire; or\n- (b) enclose a fireplug so that it is difficult to locate or use; or\n- (c) obliterate or cover a mark or sign used for locating a fireplug.\n- (i) warning of fire, including an alarm; or\n- (ii) the prevention of fire; or\n- (iii) use in the event of fire; or\n- (a) if the offence is committed during a state of fire emergency at a place to which the declaration of emergency applies—250 penalty units or 1 year’s imprisonment; or\n- (b) otherwise—50 penalty units or 6 months imprisonment.","sortOrder":327},{"sectionNumber":"sec.150B","sectionType":"section","heading":"False calls","content":"### sec.150B False calls\n\nA person must not—\nask QFR or RFSQ to provide a fire and emergency service at a place unless the service is required at the place; or\ngive a false alarm of fire or of a hazardous materials emergency.\nMaximum penalty—\nif the offence is committed during a state of fire emergency at a place to which the declaration of emergency applies—250 penalty units or 1 year’s imprisonment; or\notherwise—100 penalty units or 1 year’s imprisonment.\nFor subsection (1) , a request may be made orally, in writing or by conduct.\nactivation of a break-glass alarm\nAn infringement notice under the State Penalties Enforcement Act 1999 may be issued to a person for a contravention of subsection (1) only if a fire investigation officer is satisfied, having investigated, the person does not have a lawful excuse.\nIn this section—\nfire and emergency service means protection or rescue by QFR or RFSQ of—\npersons, property and the environment from fire and hazardous materials emergencies; or\npersons trapped in a vehicle or building or otherwise endangered.\ns 150B ins 2014 No. 17 s 100\namd 2024 No. 22 s 65\n(sec.150B-ssec.1) A person must not— ask QFR or RFSQ to provide a fire and emergency service at a place unless the service is required at the place; or give a false alarm of fire or of a hazardous materials emergency. Maximum penalty— if the offence is committed during a state of fire emergency at a place to which the declaration of emergency applies—250 penalty units or 1 year’s imprisonment; or otherwise—100 penalty units or 1 year’s imprisonment.\n(sec.150B-ssec.2) For subsection (1) , a request may be made orally, in writing or by conduct. activation of a break-glass alarm\n(sec.150B-ssec.3) An infringement notice under the State Penalties Enforcement Act 1999 may be issued to a person for a contravention of subsection (1) only if a fire investigation officer is satisfied, having investigated, the person does not have a lawful excuse.\n(sec.150B-ssec.4) In this section— fire and emergency service means protection or rescue by QFR or RFSQ of— persons, property and the environment from fire and hazardous materials emergencies; or persons trapped in a vehicle or building or otherwise endangered.\n- (a) ask QFR or RFSQ to provide a fire and emergency service at a place unless the service is required at the place; or\n- (b) give a false alarm of fire or of a hazardous materials emergency.\n- (a) if the offence is committed during a state of fire emergency at a place to which the declaration of emergency applies—250 penalty units or 1 year’s imprisonment; or\n- (b) otherwise—100 penalty units or 1 year’s imprisonment.\n- (a) persons, property and the environment from fire and hazardous materials emergencies; or\n- (b) persons trapped in a vehicle or building or otherwise endangered.","sortOrder":328},{"sectionNumber":"sec.150BA","sectionType":"section","heading":"Assault of persons performing functions or exercising powers","content":"### sec.150BA Assault of persons performing functions or exercising powers\n\nA person must not assault another person performing a function or exercising a power under this Act.\nMaximum penalty—100 penalty units or 6 months imprisonment.\nIn this section—\nassault has the meaning given by the Criminal Code , section 245 .\ns 150BA ins 2023 No. 11 s 10\n(sec.150BA-ssec.1) A person must not assault another person performing a function or exercising a power under this Act. Maximum penalty—100 penalty units or 6 months imprisonment.\n(sec.150BA-ssec.2) In this section— assault has the meaning given by the Criminal Code , section 245 .","sortOrder":329},{"sectionNumber":"sec.150C","sectionType":"section","heading":"Obstruction of persons performing functions or exercising powers","content":"### sec.150C Obstruction of persons performing functions or exercising powers\n\nA person must not obstruct another person performing a function or exercising a power under this Act (an authorised person ) unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units or 6 months imprisonment.\nIf a person has obstructed an authorised person and the authorised person decides to proceed with the performance of the function or the exercise of the power, the authorised person must warn the person that—\nit is an offence to obstruct the authorised person unless the person has a reasonable excuse; and\nthe authorised person considers the person’s conduct to be an obstruction.\nIn this section—\nobstruct includes abuse, hinder, resist, threaten and attempt or threaten to obstruct.\ns 150C ins 2014 No. 17 s 100\namd 2023 No. 11 s 11\n(sec.150C-ssec.1) A person must not obstruct another person performing a function or exercising a power under this Act (an authorised person ) unless the person has a reasonable excuse. Maximum penalty—100 penalty units or 6 months imprisonment.\n(sec.150C-ssec.2) If a person has obstructed an authorised person and the authorised person decides to proceed with the performance of the function or the exercise of the power, the authorised person must warn the person that— it is an offence to obstruct the authorised person unless the person has a reasonable excuse; and the authorised person considers the person’s conduct to be an obstruction.\n(sec.150C-ssec.3) In this section— obstruct includes abuse, hinder, resist, threaten and attempt or threaten to obstruct.\n- (a) it is an offence to obstruct the authorised person unless the person has a reasonable excuse; and\n- (b) the authorised person considers the person’s conduct to be an obstruction.","sortOrder":330},{"sectionNumber":"sec.150D","sectionType":"section","heading":"Failure to assist","content":"### sec.150D Failure to assist\n\nA person who is required to assist under section 149I (2) (j) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 150D ins 2014 No. 17 s 100\namd 2024 No. 18 s 12 ; 2024 No. 22 s 92 sch 1","sortOrder":331},{"sectionNumber":"sec.150E","sectionType":"section","heading":"Failure to comply with requisition etc.","content":"### sec.150E Failure to comply with requisition etc.\n\nA person must not fail to comply with a requisition made, or a direction, notification or notice given, under this Act, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units or 6 months imprisonment.\ns 150E ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1","sortOrder":332},{"sectionNumber":"sec.150F","sectionType":"section","heading":"Failure to answer question or provide information","content":"### sec.150F Failure to answer question or provide information\n\nA person who is required under this Act to answer a question or provide information must not, unless the person has a reasonable excuse—\nfail to answer the question or provide the information; or\ngive an answer, or provide information, the person knows is false or misleading.\nMaximum penalty—30 penalty units.\ns 150F ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\n- (a) fail to answer the question or provide the information; or\n- (b) give an answer, or provide information, the person knows is false or misleading.","sortOrder":333},{"sectionNumber":"sec.150G","sectionType":"section","heading":"Impersonating officer or member","content":"### sec.150G Impersonating officer or member\n\nA person must not pretend to be—\na fire service officer; or\na rural fire brigade member; or\na fire officer; or\nan authorised fire officer; or\nan investigation officer.\nMaximum penalty—\n100 penalty units; or\nif the person pretends to be a fire service officer or a rural fire brigade member during a state of fire emergency at a place to which the declaration of emergency applies—250 penalty units or 1 year’s imprisonment.\ns 150G ins 2014 No. 17 s 100\namd 2023 No. 7 s 16 ; 2024 No. 18 s 13 ; 2024 No. 22 s 66\n- (a) a fire service officer; or\n- (b) a rural fire brigade member; or\n- (c) a fire officer; or\n- (d) an authorised fire officer; or\n- (e) an investigation officer.\n- (a) 100 penalty units; or\n- (b) if the person pretends to be a fire service officer or a rural fire brigade member during a state of fire emergency at a place to which the declaration of emergency applies—250 penalty units or 1 year’s imprisonment.","sortOrder":334},{"sectionNumber":"sec.150H","sectionType":"section","heading":"Using restricted expressions etc.","content":"### sec.150H Using restricted expressions etc.\n\nA person must not, unless the person has a reasonable excuse—\nuse a restricted expression without the commissioner’s written approval or in contravention of a condition imposed on the approval—\nin, or as, the name of a business carried on by the person; or\nto advertise or otherwise promote goods or services provided by the person; or\nto raise funds, whether for the fire services or another entity; or\nuse the expression ‘Queensland Fire and Rescue’, ‘Rural Fire Service Queensland’, ‘QFR’ or ‘RFSQ’, or a similar expression, in a way that suggests the person is a fire service officer if the person is not a fire service officer; or\nuse the expression ‘rural fire brigade’, or a similar expression, in a way that suggests the person is a rural fire brigade member if the person is not a rural fire brigade member.\nMaximum penalty—40 penalty units.\nAn approval to use a restricted expression may be—\ngiven on conditions the commissioner considers appropriate; and\namended, suspended or cancelled by the commissioner.\nIn this section—\nrestricted expression means any of the following expressions—\n‘Queensland Fire and Rescue’;\n‘Rural Fire Service Queensland’;\n‘QFR’;\n‘RFSQ’;\n‘rural fire brigade’;\na similar expression to an expression mentioned in paragraph (a) to (e) ;\nanother expression that includes an expression mentioned in paragraph (a) to (e) .\ns 150H ins 2014 No. 17 s 100\nsub 2024 No. 18 s 14 ; 2024 No. 22 s 67\n(sec.150H-ssec.1) A person must not, unless the person has a reasonable excuse— use a restricted expression without the commissioner’s written approval or in contravention of a condition imposed on the approval— in, or as, the name of a business carried on by the person; or to advertise or otherwise promote goods or services provided by the person; or to raise funds, whether for the fire services or another entity; or use the expression ‘Queensland Fire and Rescue’, ‘Rural Fire Service Queensland’, ‘QFR’ or ‘RFSQ’, or a similar expression, in a way that suggests the person is a fire service officer if the person is not a fire service officer; or use the expression ‘rural fire brigade’, or a similar expression, in a way that suggests the person is a rural fire brigade member if the person is not a rural fire brigade member. Maximum penalty—40 penalty units.\n(sec.150H-ssec.2) An approval to use a restricted expression may be— given on conditions the commissioner considers appropriate; and amended, suspended or cancelled by the commissioner.\n(sec.150H-ssec.3) In this section— restricted expression means any of the following expressions— ‘Queensland Fire and Rescue’; ‘Rural Fire Service Queensland’; ‘QFR’; ‘RFSQ’; ‘rural fire brigade’; a similar expression to an expression mentioned in paragraph (a) to (e) ; another expression that includes an expression mentioned in paragraph (a) to (e) .\n- (a) use a restricted expression without the commissioner’s written approval or in contravention of a condition imposed on the approval— (i) in, or as, the name of a business carried on by the person; or (ii) to advertise or otherwise promote goods or services provided by the person; or (iii) to raise funds, whether for the fire services or another entity; or\n- (i) in, or as, the name of a business carried on by the person; or\n- (ii) to advertise or otherwise promote goods or services provided by the person; or\n- (iii) to raise funds, whether for the fire services or another entity; or\n- (b) use the expression ‘Queensland Fire and Rescue’, ‘Rural Fire Service Queensland’, ‘QFR’ or ‘RFSQ’, or a similar expression, in a way that suggests the person is a fire service officer if the person is not a fire service officer; or\n- (c) use the expression ‘rural fire brigade’, or a similar expression, in a way that suggests the person is a rural fire brigade member if the person is not a rural fire brigade member.\n- (i) in, or as, the name of a business carried on by the person; or\n- (ii) to advertise or otherwise promote goods or services provided by the person; or\n- (iii) to raise funds, whether for the fire services or another entity; or\n- (a) given on conditions the commissioner considers appropriate; and\n- (b) amended, suspended or cancelled by the commissioner.\n- (a) ‘Queensland Fire and Rescue’;\n- (b) ‘Rural Fire Service Queensland’;\n- (c) ‘QFR’;\n- (d) ‘RFSQ’;\n- (e) ‘rural fire brigade’;\n- (f) a similar expression to an expression mentioned in paragraph (a) to (e) ;\n- (g) another expression that includes an expression mentioned in paragraph (a) to (e) .","sortOrder":335},{"sectionNumber":"sec.150I","sectionType":"section","heading":null,"content":"### Section sec.150I\n\ns 150I ins 2014 No. 17 s 100\nom 2024 No. 18 s 15","sortOrder":336},{"sectionNumber":"sec.150J","sectionType":"section","heading":"Liability of executive officer—particular offences committed by corporation","content":"### sec.150J Liability of executive officer—particular offences committed by corporation\n\nAn executive officer of a corporation commits an offence if—\nthe corporation commits an offence against an executive liability provision; and\nthe officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\nMaximum penalty—the penalty for a contravention of the executive liability provision by an individual.\nIn deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to—\nwhether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\nwhether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\nany other relevant matter.\nThe executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.\nThis section does not affect—\nthe liability of the corporation for the offence against the executive liability provision; or\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\nIn this section—\nexecutive liability provision means any of the following provisions—\nsection 145G (3)\nsection 146L\nsection 146M (1) .\nexecutive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\ns 150J ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\n(sec.150J-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against an executive liability provision; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual.\n(sec.150J-ssec.2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and any other relevant matter.\n(sec.150J-ssec.3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.\n(sec.150J-ssec.4) This section does not affect— the liability of the corporation for the offence against the executive liability provision; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\n(sec.150J-ssec.5) In this section— executive liability provision means any of the following provisions— section 145G (3) section 146L section 146M (1) . executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\n- (a) the corporation commits an offence against an executive liability provision; and\n- (b) the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\n- (a) whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\n- (b) whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\n- (c) any other relevant matter.\n- (a) the liability of the corporation for the offence against the executive liability provision; or\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\n- • section 145G (3)\n- • section 146L\n- • section 146M (1) .","sortOrder":337},{"sectionNumber":"sec.150K","sectionType":"section","heading":"Indictable and summary offences","content":"### sec.150K Indictable and summary offences\n\nSubject to subsections (2) and (3) , an offence against this Act is a summary offence.\nIf the maximum penalty for an offence against this Act is imprisonment for 2 years or more, the offence is an indictable offence that is a misdemeanour.\nAn offence against section 150 is a crime.\ns 150K ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\n(sec.150K-ssec.1) Subject to subsections (2) and (3) , an offence against this Act is a summary offence.\n(sec.150K-ssec.2) If the maximum penalty for an offence against this Act is imprisonment for 2 years or more, the offence is an indictable offence that is a misdemeanour.\n(sec.150K-ssec.3) An offence against section 150 is a crime.","sortOrder":338},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Proceedings","content":"# Proceedings","sortOrder":339},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Offence proceedings","content":"## Offence proceedings","sortOrder":340},{"sectionNumber":"sec.151","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.151 Proceedings for indictable offences\n\nA proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment.\nA magistrate must not hear an indictable offence summarily if—\nthe defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\nthe magistrate considers the charge should be prosecuted on indictment.\nIf subsection (2) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceeding must be disregarded; and\nevidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\nThe maximum penalty that may be summarily imposed for an indictable offence is 150 penalty units or 2 years imprisonment.\ns 151 sub 2013 No. 51 s 47 ; 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\n(sec.151-ssec.1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— by way of summary proceedings under the Justices Act 1886 ; or on indictment.\n(sec.151-ssec.2) A magistrate must not hear an indictable offence summarily if— the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or the magistrate considers the charge should be prosecuted on indictment.\n(sec.151-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\n(sec.151-ssec.4) The maximum penalty that may be summarily imposed for an indictable offence is 150 penalty units or 2 years imprisonment.\n- (a) by way of summary proceedings under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\n- (b) the magistrate considers the charge should be prosecuted on indictment.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceeding must be disregarded; and\n- (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .","sortOrder":341},{"sectionNumber":"sec.151A","sectionType":"section","heading":"Limitation on who may summarily hear indictable offence proceedings","content":"### sec.151A Limitation on who may summarily hear indictable offence proceedings\n\nA proceeding must be before a magistrate if it is a proceeding—\nfor the summary conviction of a person on a charge for an indictable offence; or\nfor an examination of witnesses for a charge for an indictable offence.\nHowever, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\ns 151A ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\n(sec.151A-ssec.1) A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence.\n(sec.151A-ssec.2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n- (a) for the summary conviction of a person on a charge for an indictable offence; or\n- (b) for an examination of witnesses for a charge for an indictable offence.","sortOrder":342},{"sectionNumber":"sec.151B","sectionType":"section","heading":"Proceeding for offences","content":"### sec.151B Proceeding for offences\n\nA proceeding for an offence against this Act, other than an indictable offence, must be taken in a summary way under the Justices Act 1886 .\ns 151B ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1","sortOrder":343},{"sectionNumber":"sec.151C","sectionType":"section","heading":"When proceeding must start","content":"### sec.151C When proceeding must start\n\nA proceeding for a summary offence against this Act must start within the end of whichever of the following periods ends later—\n1 year after the commission of the offence;\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\ns 151C ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\n- (a) 1 year after the commission of the offence;\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":344},{"sectionNumber":"sec.151D","sectionType":"section","heading":"Allegations of false or misleading information or document","content":"### sec.151D Allegations of false or misleading information or document\n\nIn a proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state the information or document was ‘false or misleading’, without specifying which.\ns 151D ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1","sortOrder":345},{"sectionNumber":"sec.151E","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.151E Forfeiture on conviction\n\nOn conviction of a person for an offence against this Act, a court may order the forfeiture to the State of—\nanything used to commit the offence; or\nanything else the subject of the offence.\nThe court may make the order—\nwhether or not the thing has been seized; and\nif the thing has been seized, whether or not the thing has been returned to its owner.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\ns 151E ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\n(sec.151E-ssec.1) On conviction of a person for an offence against this Act, a court may order the forfeiture to the State of— anything used to commit the offence; or anything else the subject of the offence.\n(sec.151E-ssec.2) The court may make the order— whether or not the thing has been seized; and if the thing has been seized, whether or not the thing has been returned to its owner.\n(sec.151E-ssec.3) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.151E-ssec.4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n- (a) anything used to commit the offence; or\n- (b) anything else the subject of the offence.\n- (a) whether or not the thing has been seized; and\n- (b) if the thing has been seized, whether or not the thing has been returned to its owner.","sortOrder":346},{"sectionNumber":"sec.151F","sectionType":"section","heading":"Dealing with forfeited thing","content":"### sec.151F Dealing with forfeited thing\n\nOn the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the State as it considers appropriate.\nWithout limiting subsection (1) , the State may destroy the thing.\ns 151F ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\n(sec.151F-ssec.1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the State as it considers appropriate.\n(sec.151F-ssec.2) Without limiting subsection (1) , the State may destroy the thing.","sortOrder":347},{"sectionNumber":"sec.151G","sectionType":"section","heading":"Court may order costs of rehabilitation etc. of protected area","content":"### sec.151G Court may order costs of rehabilitation etc. of protected area\n\nOn conviction of a person for an offence against section 145 in relation to a protected area, the court may order the person to pay to the State an amount it considers appropriate for, or towards—\nthe costs of controlling and extinguishing the fire in relation to which the offence was committed; and\nthe costs of rehabilitating or restoring the area.\ns 151G ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\n- (a) the costs of controlling and extinguishing the fire in relation to which the offence was committed; and\n- (b) the costs of rehabilitating or restoring the area.","sortOrder":348},{"sectionNumber":"sec.151H","sectionType":"section","heading":"Order for payment if guilty of false call","content":"### sec.151H Order for payment if guilty of false call\n\nIf a person is convicted by a court of an offence against section 150B , the court may order the person to pay QFR a reasonable amount for the expenses of, or incidental to, the provision of the fire and emergency service that was requested by the person.\nThe court may make an order under subsection (1) in addition to imposing a penalty for the offence.\nAn amount ordered to be paid under subsection (1) may be recovered by QFR as a debt owing to it by the person.\nSubsection (1) does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\ns 151H ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\n(sec.151H-ssec.1) If a person is convicted by a court of an offence against section 150B , the court may order the person to pay QFR a reasonable amount for the expenses of, or incidental to, the provision of the fire and emergency service that was requested by the person.\n(sec.151H-ssec.2) The court may make an order under subsection (1) in addition to imposing a penalty for the offence.\n(sec.151H-ssec.3) An amount ordered to be paid under subsection (1) may be recovered by QFR as a debt owing to it by the person.\n(sec.151H-ssec.4) Subsection (1) does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.","sortOrder":349},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":350},{"sectionNumber":"sec.151I","sectionType":"section","heading":"Appointments and authority","content":"### sec.151I Appointments and authority\n\nIn a proceeding under an Act, the appointment of each of the following is presumed unless a party to the proceeding gives reasonable notice that the party requires the appointment to be proved—\nthe commissioner;\nthe chief fire officer;\nthe deputy commissioner;\nthe chief officer;\na fire service officer;\nan investigation officer;\na chief fire warden;\na fire warden;\na rural fire brigade member;\na field officer;\na forest officer.\nThe authority of each person mentioned in subsection (1) to do anything under this Act is also presumed in the proceeding unless a party to the proceeding gives reasonable notice the party requires the person’s authority to be proved.\ns 151I ins 2014 No. 17 s 100\namd 2024 No. 18 s 16 ; 2024 No. 22 s 68\n(sec.151I-ssec.1) In a proceeding under an Act, the appointment of each of the following is presumed unless a party to the proceeding gives reasonable notice that the party requires the appointment to be proved— the commissioner; the chief fire officer; the deputy commissioner; the chief officer; a fire service officer; an investigation officer; a chief fire warden; a fire warden; a rural fire brigade member; a field officer; a forest officer.\n(sec.151I-ssec.2) The authority of each person mentioned in subsection (1) to do anything under this Act is also presumed in the proceeding unless a party to the proceeding gives reasonable notice the party requires the person’s authority to be proved.\n- (a) the commissioner;\n- (b) the chief fire officer;\n- (c) the deputy commissioner;\n- (d) the chief officer;\n- (e) a fire service officer;\n- (f) an investigation officer;\n- (g) a chief fire warden;\n- (h) a fire warden;\n- (i) a rural fire brigade member;\n- (j) a field officer;\n- (k) a forest officer.","sortOrder":351},{"sectionNumber":"sec.151J","sectionType":"section","heading":"Signatures","content":"### sec.151J Signatures\n\nA signature purporting to be the signature of a person mentioned in section 151I (1) is evidence of the signature it purports to be.\ns 151J ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1","sortOrder":352},{"sectionNumber":"sec.151K","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.151K Other evidentiary aids\n\nA certificate purporting to be signed by the commissioner stating any of the following matters is evidence of the matter—\na stated document is an approval, authorisation, decision, direction, notice or requirement given or made under this Act;\na stated document is a copy of a document mentioned in paragraph (a) ;\na document mentioned in paragraph (a) , or a copy of it, was given under this Act to a stated person on a stated day;\nthe commissioner or the State is or was at a stated time the owner of stated property;\nno consent has been given for a stated act or breach of duty alleged to have been committed in respect of property mentioned in paragraph (d) ;\na stated service was provided under this Act to a stated person on a stated day;\na stated person was charged a stated amount for a stated service provided under this Act;\na stated amount mentioned in paragraph (g) has not been paid.\ns 151K ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\n- (a) a stated document is an approval, authorisation, decision, direction, notice or requirement given or made under this Act;\n- (b) a stated document is a copy of a document mentioned in paragraph (a) ;\n- (c) a document mentioned in paragraph (a) , or a copy of it, was given under this Act to a stated person on a stated day;\n- (d) the commissioner or the State is or was at a stated time the owner of stated property;\n- (e) no consent has been given for a stated act or breach of duty alleged to have been committed in respect of property mentioned in paragraph (d) ;\n- (f) a stated service was provided under this Act to a stated person on a stated day;\n- (g) a stated person was charged a stated amount for a stated service provided under this Act;\n- (h) a stated amount mentioned in paragraph (g) has not been paid.","sortOrder":353},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Provisions about performance of functions under this Act","content":"# Provisions about performance of functions under this Act","sortOrder":354},{"sectionNumber":"sec.152","sectionType":"section","heading":"Exemption from toll","content":"### sec.152 Exemption from toll\n\nThis section applies if a fire officer is driving a fire engine or a similar vehicle.\nThe fire officer is exempt from payment of a toll for the use by the officer and the vehicle of a road, bridge or ferry.\ns 152 orig s 152 om 2000 No. 5 s 461 sch 3\nprev s 152 ins 2014 No. 17 s 100\nsub 2024 No. 18 s 17\n(sec.152-ssec.1) This section applies if a fire officer is driving a fire engine or a similar vehicle.\n(sec.152-ssec.2) The fire officer is exempt from payment of a toll for the use by the officer and the vehicle of a road, bridge or ferry.","sortOrder":355},{"sectionNumber":"sec.152A","sectionType":"section","heading":"Right of way to fire officers","content":"### sec.152A Right of way to fire officers\n\nA driver of a vehicle must, to the extent practicable, give clear and uninterrupted passage to—\na fire officer who is, or appears to be, doing an act for the purpose of controlling or extinguishing a fire or dealing with another emergency; and\na person acting under the direction of a fire officer mentioned in paragraph (a) .\nA person who fails to comply with subsection (1) commits an offence.\nIn this section—\nvehicle does not include a train.\ns 152A ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\n(sec.152A-ssec.1) A driver of a vehicle must, to the extent practicable, give clear and uninterrupted passage to— a fire officer who is, or appears to be, doing an act for the purpose of controlling or extinguishing a fire or dealing with another emergency; and a person acting under the direction of a fire officer mentioned in paragraph (a) .\n(sec.152A-ssec.2) A person who fails to comply with subsection (1) commits an offence.\n(sec.152A-ssec.3) In this section— vehicle does not include a train.\n- (a) a fire officer who is, or appears to be, doing an act for the purpose of controlling or extinguishing a fire or dealing with another emergency; and\n- (b) a person acting under the direction of a fire officer mentioned in paragraph (a) .","sortOrder":356},{"sectionNumber":"sec.152B","sectionType":"section","heading":"Use of unregistered vehicle on road","content":"### sec.152B Use of unregistered vehicle on road\n\nThis section applies if—\nan unregistered vehicle (the vehicle ) is being used on a road—\nby a rural fire brigade or a fire service officer assigned to RFSQ—\nfor carrying persons or equipment for the purpose of preventing, controlling or extinguishing a fire; or\nfor the purpose of training relating to fire fighting or fire prevention; or\nfor another purpose authorised in writing by the commissioner; or\nby a person, and for a purpose, prescribed by regulation for this subparagraph; and\nthe vehicle is clearly identified as a vehicle of a rural fire brigade; and\nan insurance policy of the kind mentioned in the Motor Accident Insurance Act 1994 , section 23 (1) is in force for the vehicle.\nA regulation under subsection (1) (a) (ii) may specify the types of unregistered vehicles that the person may use on the road for a prescribed purpose.\nThe provisions of the Transport Operations (Road Use Management) Act 1995 that prohibit the use on a road of an unregistered vehicle, unless the use is authorised by a permit under that Act, do not apply in relation to the vehicle.\ns 152B ins 2014 No. 17 s 100\namd 2024 No. 18 s 18 ; 2024 No. 22 s 69\n(sec.152B-ssec.1) This section applies if— an unregistered vehicle (the vehicle ) is being used on a road— by a rural fire brigade or a fire service officer assigned to RFSQ— for carrying persons or equipment for the purpose of preventing, controlling or extinguishing a fire; or for the purpose of training relating to fire fighting or fire prevention; or for another purpose authorised in writing by the commissioner; or by a person, and for a purpose, prescribed by regulation for this subparagraph; and the vehicle is clearly identified as a vehicle of a rural fire brigade; and an insurance policy of the kind mentioned in the Motor Accident Insurance Act 1994 , section 23 (1) is in force for the vehicle.\n(sec.152B-ssec.2) A regulation under subsection (1) (a) (ii) may specify the types of unregistered vehicles that the person may use on the road for a prescribed purpose.\n(sec.152B-ssec.3) The provisions of the Transport Operations (Road Use Management) Act 1995 that prohibit the use on a road of an unregistered vehicle, unless the use is authorised by a permit under that Act, do not apply in relation to the vehicle.\n- (a) an unregistered vehicle (the vehicle ) is being used on a road— (i) by a rural fire brigade or a fire service officer assigned to RFSQ— (A) for carrying persons or equipment for the purpose of preventing, controlling or extinguishing a fire; or (B) for the purpose of training relating to fire fighting or fire prevention; or (C) for another purpose authorised in writing by the commissioner; or (ii) by a person, and for a purpose, prescribed by regulation for this subparagraph; and\n- (i) by a rural fire brigade or a fire service officer assigned to RFSQ— (A) for carrying persons or equipment for the purpose of preventing, controlling or extinguishing a fire; or (B) for the purpose of training relating to fire fighting or fire prevention; or (C) for another purpose authorised in writing by the commissioner; or\n- (A) for carrying persons or equipment for the purpose of preventing, controlling or extinguishing a fire; or\n- (B) for the purpose of training relating to fire fighting or fire prevention; or\n- (C) for another purpose authorised in writing by the commissioner; or\n- (ii) by a person, and for a purpose, prescribed by regulation for this subparagraph; and\n- (b) the vehicle is clearly identified as a vehicle of a rural fire brigade; and\n- (c) an insurance policy of the kind mentioned in the Motor Accident Insurance Act 1994 , section 23 (1) is in force for the vehicle.\n- (i) by a rural fire brigade or a fire service officer assigned to RFSQ— (A) for carrying persons or equipment for the purpose of preventing, controlling or extinguishing a fire; or (B) for the purpose of training relating to fire fighting or fire prevention; or (C) for another purpose authorised in writing by the commissioner; or\n- (A) for carrying persons or equipment for the purpose of preventing, controlling or extinguishing a fire; or\n- (B) for the purpose of training relating to fire fighting or fire prevention; or\n- (C) for another purpose authorised in writing by the commissioner; or\n- (ii) by a person, and for a purpose, prescribed by regulation for this subparagraph; and\n- (A) for carrying persons or equipment for the purpose of preventing, controlling or extinguishing a fire; or\n- (B) for the purpose of training relating to fire fighting or fire prevention; or\n- (C) for another purpose authorised in writing by the commissioner; or","sortOrder":357},{"sectionNumber":"sec.152C","sectionType":"section","heading":"Inspection of records of local governments and building certifiers","content":"### sec.152C Inspection of records of local governments and building certifiers\n\nA person authorised by the commissioner for this section (the authorised person ) may, during ordinary business hours, enter premises in which a local government or building certifier carries on business.\nAt the premises, the authorised person may—\nmake inquiries for the purpose of this Act; and\nexamine, make copies of or take extracts from a document or record relating to—\nif the premises are premises in which a local government carries on business—a function of the commissioner or of the local government under this Act; or\nif the premises are premises in which a building certifier carries on business—something done by the building certifier under the Building Act 1975 , the repealed Integrated Planning Act 1997 , the repealed Sustainable Planning Act 2009 or the Planning Act 2016 .\nHowever, the authorised person may only examine, make copies of or take extracts from a document or record under subsection (2) (b) (ii) if the document or record is not available from a local government.\nA person who has control of a document or record of a type mentioned in subsection (2) (b) , must, if required by the authorised person—\nproduce the document or record to the authorised person; or\ngive the authorised person information relating to the document or record; or\notherwise assist the authorised person.\nMaximum penalty—10 penalty units.\nNothing in this section authorises an authorised fire officer to enter part of premises that are a dwelling if the part is not also a workplace within the Work Health and Safety Act 2011 .\ns 152C ins 2014 No. 17 s 100\namd 2016 No. 27 s 233 ; 2024 No. 22 s 92 sch 1\n(sec.152C-ssec.1) A person authorised by the commissioner for this section (the authorised person ) may, during ordinary business hours, enter premises in which a local government or building certifier carries on business.\n(sec.152C-ssec.2) At the premises, the authorised person may— make inquiries for the purpose of this Act; and examine, make copies of or take extracts from a document or record relating to— if the premises are premises in which a local government carries on business—a function of the commissioner or of the local government under this Act; or if the premises are premises in which a building certifier carries on business—something done by the building certifier under the Building Act 1975 , the repealed Integrated Planning Act 1997 , the repealed Sustainable Planning Act 2009 or the Planning Act 2016 .\n(sec.152C-ssec.3) However, the authorised person may only examine, make copies of or take extracts from a document or record under subsection (2) (b) (ii) if the document or record is not available from a local government.\n(sec.152C-ssec.4) A person who has control of a document or record of a type mentioned in subsection (2) (b) , must, if required by the authorised person— produce the document or record to the authorised person; or give the authorised person information relating to the document or record; or otherwise assist the authorised person. Maximum penalty—10 penalty units.\n(sec.152C-ssec.5) Nothing in this section authorises an authorised fire officer to enter part of premises that are a dwelling if the part is not also a workplace within the Work Health and Safety Act 2011 .\n- (a) make inquiries for the purpose of this Act; and\n- (b) examine, make copies of or take extracts from a document or record relating to— (i) if the premises are premises in which a local government carries on business—a function of the commissioner or of the local government under this Act; or (ii) if the premises are premises in which a building certifier carries on business—something done by the building certifier under the Building Act 1975 , the repealed Integrated Planning Act 1997 , the repealed Sustainable Planning Act 2009 or the Planning Act 2016 .\n- (i) if the premises are premises in which a local government carries on business—a function of the commissioner or of the local government under this Act; or\n- (ii) if the premises are premises in which a building certifier carries on business—something done by the building certifier under the Building Act 1975 , the repealed Integrated Planning Act 1997 , the repealed Sustainable Planning Act 2009 or the Planning Act 2016 .\n- (i) if the premises are premises in which a local government carries on business—a function of the commissioner or of the local government under this Act; or\n- (ii) if the premises are premises in which a building certifier carries on business—something done by the building certifier under the Building Act 1975 , the repealed Integrated Planning Act 1997 , the repealed Sustainable Planning Act 2009 or the Planning Act 2016 .\n- (a) produce the document or record to the authorised person; or\n- (b) give the authorised person information relating to the document or record; or\n- (c) otherwise assist the authorised person.","sortOrder":358},{"sectionNumber":"sec.152D","sectionType":"section","heading":"Interstate assistance at fire services incident","content":"### sec.152D Interstate assistance at fire services incident\n\nThis section applies to a person who is—\na member (an interstate member ) of a fire brigade (the interstate fire brigade ) from outside Queensland; and\npresent at a fire services incident in Queensland to assist at the incident.\nThe interstate member, and plant and equipment under the member’s control, are—\nat the disposal of the person in charge at the fire services incident; and\ntaken to be under the control and direction of that person.\nHowever, if there is no person in charge at the fire services incident and an interstate member (the chief interstate member ) is in charge of other members of the interstate fire brigade present at the incident, the chief interstate member—\nhas the control and direction of all persons assisting at the incident; and\nhas all the powers conferred under this Act on an authorised fire officer.\nIn this section—\nfire brigade includes an entity similar to a fire brigade that has the function of extinguishing fire.\nfire services incident means an incident for which the fire services are performing a function mentioned in section 8B or 129 .\nperson in charge , for a fire services incident, means the person who, under any of the following, is in charge at the incident—\nthis Act;\na direction of the commissioner;\na code of practice.\ns 152D ins 2014 No. 17 s 100\namd 2023 No. 7 s 22 ; 2024 No. 22 s 70\n(sec.152D-ssec.1) This section applies to a person who is— a member (an interstate member ) of a fire brigade (the interstate fire brigade ) from outside Queensland; and present at a fire services incident in Queensland to assist at the incident.\n(sec.152D-ssec.2) The interstate member, and plant and equipment under the member’s control, are— at the disposal of the person in charge at the fire services incident; and taken to be under the control and direction of that person.\n(sec.152D-ssec.3) However, if there is no person in charge at the fire services incident and an interstate member (the chief interstate member ) is in charge of other members of the interstate fire brigade present at the incident, the chief interstate member— has the control and direction of all persons assisting at the incident; and has all the powers conferred under this Act on an authorised fire officer.\n(sec.152D-ssec.4) In this section— fire brigade includes an entity similar to a fire brigade that has the function of extinguishing fire. fire services incident means an incident for which the fire services are performing a function mentioned in section 8B or 129 . person in charge , for a fire services incident, means the person who, under any of the following, is in charge at the incident— this Act; a direction of the commissioner; a code of practice.\n- (a) a member (an interstate member ) of a fire brigade (the interstate fire brigade ) from outside Queensland; and\n- (b) present at a fire services incident in Queensland to assist at the incident.\n- (a) at the disposal of the person in charge at the fire services incident; and\n- (b) taken to be under the control and direction of that person.\n- (a) has the control and direction of all persons assisting at the incident; and\n- (b) has all the powers conferred under this Act on an authorised fire officer.\n- (a) this Act;\n- (b) a direction of the commissioner;\n- (c) a code of practice.","sortOrder":359},{"sectionNumber":"ch.5-pt.3A","sectionType":"part","heading":"Financial provisions","content":"# Financial provisions","sortOrder":360},{"sectionNumber":"ch.5-pt.3A-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":361},{"sectionNumber":"sec.152E","sectionType":"section","heading":"Definitions","content":"### sec.152E Definitions\n\nIn this part—\nowner , used with reference to real property, means the person (other than the Crown) who is entitled to receive the rent of property or who, if the property were let, would be entitled to receive the rent, and includes—\nany lessee or licensee from the Crown; and\na purchaser (including a purchaser from the Crown) under any agreement giving possession of the property; and\na statutory corporation (whether or not representing the Crown).\ncomponent local government ...\ns 152E def component local government sub 1993 No. 70 s 804 sch\nom 2013 No. 28 s 32 (1)\nprescribed property means real property, whether or not occupied by any person, that is within a levy district and that is—\na parcel of land separately held by an owner except either a parcel to which paragraph (b) applies or a parcel on which is situated a building containing lots (within the meaning of the Building Units and Group Titles Act 1980 ); or\na portion of a parcel of land separately held by an owner, where the local government for the local government area in which the portion is situated determines that the portion should be classed as a separate parcel for the purposes of this part; or\na lot within the meaning of the Building Units and Group Titles Act 1980 ;\nthe term does not include property belonging to any class of property prescribed by regulation not to be prescribed property.\ns 152E def prescribed property amd 1995 No. 55 s 23 ; 2013 No. 28 s 32 (2) ; 2023 No. 12 s 112\nTo avoid doubt, it is declared that, for the definition prescribed property , paragraph (a) —\nparcel of land includes a lot under the Land Title Act 1994 that is also a lot included in a community titles scheme under the Body Corporate and Community Management Act 1997 .\ns 152E (prev s 105) amd 1994 No. 71 s 5 ; 1997 No. 28 s 295 sch 3\nreloc and renum 2024 No. 22 s 58 (2)\n(sec.152E-ssec.1) In this part— owner , used with reference to real property, means the person (other than the Crown) who is entitled to receive the rent of property or who, if the property were let, would be entitled to receive the rent, and includes— any lessee or licensee from the Crown; and a purchaser (including a purchaser from the Crown) under any agreement giving possession of the property; and a statutory corporation (whether or not representing the Crown). component local government ... s 152E def component local government sub 1993 No. 70 s 804 sch om 2013 No. 28 s 32 (1) prescribed property means real property, whether or not occupied by any person, that is within a levy district and that is— a parcel of land separately held by an owner except either a parcel to which paragraph (b) applies or a parcel on which is situated a building containing lots (within the meaning of the Building Units and Group Titles Act 1980 ); or a portion of a parcel of land separately held by an owner, where the local government for the local government area in which the portion is situated determines that the portion should be classed as a separate parcel for the purposes of this part; or a lot within the meaning of the Building Units and Group Titles Act 1980 ; the term does not include property belonging to any class of property prescribed by regulation not to be prescribed property. s 152E def prescribed property amd 1995 No. 55 s 23 ; 2013 No. 28 s 32 (2) ; 2023 No. 12 s 112\n(sec.152E-ssec.2) To avoid doubt, it is declared that, for the definition prescribed property , paragraph (a) — parcel of land includes a lot under the Land Title Act 1994 that is also a lot included in a community titles scheme under the Body Corporate and Community Management Act 1997 .\n- (a) any lessee or licensee from the Crown; and\n- (b) a purchaser (including a purchaser from the Crown) under any agreement giving possession of the property; and\n- (c) a statutory corporation (whether or not representing the Crown).\n- (a) a parcel of land separately held by an owner except either a parcel to which paragraph (b) applies or a parcel on which is situated a building containing lots (within the meaning of the Building Units and Group Titles Act 1980 ); or\n- (b) a portion of a parcel of land separately held by an owner, where the local government for the local government area in which the portion is situated determines that the portion should be classed as a separate parcel for the purposes of this part; or\n- (c) a lot within the meaning of the Building Units and Group Titles Act 1980 ;","sortOrder":362},{"sectionNumber":"ch.5-pt.3A-div.2","sectionType":"division","heading":"Emergency management fund","content":"## Emergency management fund","sortOrder":363},{"sectionNumber":"sec.152F","sectionType":"section","heading":"Fund","content":"### sec.152F Fund\n\nThe Emergency Management Fund is established.\nAccounts for the fund must be kept as part of the departmental accounts of the department.\nAmounts received for the fund must be deposited in a departmental financial institution account of the department but may be deposited in an account used for depositing other amounts of the department.\nAmounts received for the fund include the following received by the department—\namounts received for prescribed property as contributions under division 3 ;\namounts received by the department from other sources for the fund or amounts that must be paid into the fund;\namounts received for the disposal of an asset that the commissioner considers was purchased substantially with amounts paid from the fund or the QFRA Fund;\ninterest from investment of the fund.\nAn amount is payable from the fund for—\nthe purposes of this Act; or\nthe management, by the fire services or another entity administered or funded wholly or partly by the State, of the adverse effects or potential adverse effects of an incident or event.\nmaking arrangements for mitigating the effects of, preparing for, responding to and recovering from an event\nThe Financial Accountability Act 2009 applies to the fund.\nIn this section—\ndepartmental accounts , of the department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 .\ndepartmental financial institution account , of the department, means an account of the department kept under the Financial Accountability Act 2009 , section 83 .\nevent see the Disaster Management Act 2003 .\nother amounts , of the department, means amounts received by the department other than amounts received for the fund.\nQFRA Fund means the QFRA Fund mentioned in the Financial Administration and Audit Act 1977 , schedule 2 , immediately before the commencement of the Emergency Services Legislation Amendment Act 2001 .\ns 152F (prev s 20) amd 1996 No. 42 ss 21 sch 2 , 3 sch 3\nsub 1997 No. 52 s 7\namd 2000 No. 46 s 3 sch ; 2001 No. 76 s 18 ; 2003 No. 19 s 3 sch ; 2009 No. 9 s 136 sch 1 ; 2013 No. 28 s 31 ; 2014 No. 17 s 79 ; 2024 No. 22 s 33 (1) – (4)\nreloc and renum 2024 No. 22 s 33 (5)\n(sec.152F-ssec.1) The Emergency Management Fund is established.\n(sec.152F-ssec.2) Accounts for the fund must be kept as part of the departmental accounts of the department.\n(sec.152F-ssec.3) Amounts received for the fund must be deposited in a departmental financial institution account of the department but may be deposited in an account used for depositing other amounts of the department.\n(sec.152F-ssec.4) Amounts received for the fund include the following received by the department— amounts received for prescribed property as contributions under division 3 ; amounts received by the department from other sources for the fund or amounts that must be paid into the fund; amounts received for the disposal of an asset that the commissioner considers was purchased substantially with amounts paid from the fund or the QFRA Fund; interest from investment of the fund.\n(sec.152F-ssec.5) An amount is payable from the fund for— the purposes of this Act; or the management, by the fire services or another entity administered or funded wholly or partly by the State, of the adverse effects or potential adverse effects of an incident or event. making arrangements for mitigating the effects of, preparing for, responding to and recovering from an event\n(sec.152F-ssec.6) The Financial Accountability Act 2009 applies to the fund.\n(sec.152F-ssec.7) In this section— departmental accounts , of the department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 . departmental financial institution account , of the department, means an account of the department kept under the Financial Accountability Act 2009 , section 83 . event see the Disaster Management Act 2003 . other amounts , of the department, means amounts received by the department other than amounts received for the fund. QFRA Fund means the QFRA Fund mentioned in the Financial Administration and Audit Act 1977 , schedule 2 , immediately before the commencement of the Emergency Services Legislation Amendment Act 2001 .\n- (a) amounts received for prescribed property as contributions under division 3 ;\n- (b) amounts received by the department from other sources for the fund or amounts that must be paid into the fund;\n- (c) amounts received for the disposal of an asset that the commissioner considers was purchased substantially with amounts paid from the fund or the QFRA Fund;\n- (d) interest from investment of the fund.\n- (a) the purposes of this Act; or\n- (b) the management, by the fire services or another entity administered or funded wholly or partly by the State, of the adverse effects or potential adverse effects of an incident or event.","sortOrder":364},{"sectionNumber":"ch.5-pt.3A-div.3","sectionType":"division","heading":"Matters relating to fund contributions","content":"## Matters relating to fund contributions","sortOrder":365},{"sectionNumber":"sec.152G","sectionType":"section","heading":"Constitution of levy districts","content":"### sec.152G Constitution of levy districts\n\nA regulation may—\nconstitute any part of the State a levy district for this Act;\nassign a name to or alter the name of a levy district;\nabolish a levy district;\nalter the boundaries of a levy district;\namalgamate 2 or more levy districts;\ndivide a levy district into 2 or more levy districts.\nIn any proceeding the production of any map purporting to be certified by the commissioner as showing the boundary of any levy district or alteration of the boundary of any levy district is evidence of the matters shown or stated.\ns 152G (prev s 106) amd 1995 No. 55 s 24 ; 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 11 sch 2 ; 2013 No. 28 s 34 ; 2014 No. 17 s 184 sch 1 pt 4 ; 2023 No. 7 s 68 s ch 1 pt 1\nreloc and renum 2024 No. 22 s 60 (2)\n(sec.152G-ssec.1) A regulation may— constitute any part of the State a levy district for this Act; assign a name to or alter the name of a levy district; abolish a levy district; alter the boundaries of a levy district; amalgamate 2 or more levy districts; divide a levy district into 2 or more levy districts.\n(sec.152G-ssec.2) In any proceeding the production of any map purporting to be certified by the commissioner as showing the boundary of any levy district or alteration of the boundary of any levy district is evidence of the matters shown or stated.\n- (a) constitute any part of the State a levy district for this Act;\n- (b) assign a name to or alter the name of a levy district;\n- (c) abolish a levy district;\n- (d) alter the boundaries of a levy district;\n- (e) amalgamate 2 or more levy districts;\n- (f) divide a levy district into 2 or more levy districts.","sortOrder":366},{"sectionNumber":"sec.152H","sectionType":"section","heading":"Liability to contribute","content":"### sec.152H Liability to contribute\n\nFor each financial year the owners of prescribed properties must contribute in accordance with this division to the cost of—\nadministering and giving effect to this Act; and\nmanaging the matters mentioned in section 152F (5) (b) .\nIf a parcel of farming land shares a boundary with 1 or more other parcels of farming land (each a contiguous parcel ), and each of the contiguous parcels are owned by the same owner, the contiguous parcels are, for this division, taken to be 1 prescribed property.\nDespite subsection (2) , a portion of a contiguous parcel that is a separate parcel under section 152E (1) , definition prescribed property , paragraph (b) is a separate prescribed property for this division.\nFor each financial year there must be paid from the consolidated fund to the department, for the fund—\nan amount representing one-seventh of the estimates for the financial year in question of the amount to be received from the owners of prescribed properties other than prescribed properties owned by a Commonwealth public trading enterprise; and\nsuch further amount as the Treasurer may authorise.\nIf, for any financial year, the Treasurer believes that any anticipated reduction by the Commonwealth in financial assistance payments to the State (not including any grant related to the provision of a service consistent with the objects of this Act to properties owned by the Commonwealth) will be attributable to the amount payable under this division by Commonwealth public trading enterprises as owners of prescribed properties, the Treasurer may make a corresponding reduction in the amount payable under subsection (4) (a) .\nIn this section—\nCommonwealth public trading enterprises means instrumentalities of the Commonwealth liable to pay the taxes and other charges of the State.\nfarming land means land used for farming within the meaning of the Land Valuation Act 2010 , section 48 .\ns 152H (prev s 107) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 ss 22 , 11 sch 2 ; 2013 No. 28 s 35 ; 2024 No. 22 s 59\nreloc and renum 2024 No. 22 s 60 (2)\n(sec.152H-ssec.1) For each financial year the owners of prescribed properties must contribute in accordance with this division to the cost of— administering and giving effect to this Act; and managing the matters mentioned in section 152F (5) (b) .\n(sec.152H-ssec.2) If a parcel of farming land shares a boundary with 1 or more other parcels of farming land (each a contiguous parcel ), and each of the contiguous parcels are owned by the same owner, the contiguous parcels are, for this division, taken to be 1 prescribed property.\n(sec.152H-ssec.3) Despite subsection (2) , a portion of a contiguous parcel that is a separate parcel under section 152E (1) , definition prescribed property , paragraph (b) is a separate prescribed property for this division.\n(sec.152H-ssec.4) For each financial year there must be paid from the consolidated fund to the department, for the fund— an amount representing one-seventh of the estimates for the financial year in question of the amount to be received from the owners of prescribed properties other than prescribed properties owned by a Commonwealth public trading enterprise; and such further amount as the Treasurer may authorise.\n(sec.152H-ssec.5) If, for any financial year, the Treasurer believes that any anticipated reduction by the Commonwealth in financial assistance payments to the State (not including any grant related to the provision of a service consistent with the objects of this Act to properties owned by the Commonwealth) will be attributable to the amount payable under this division by Commonwealth public trading enterprises as owners of prescribed properties, the Treasurer may make a corresponding reduction in the amount payable under subsection (4) (a) .\n(sec.152H-ssec.6) In this section— Commonwealth public trading enterprises means instrumentalities of the Commonwealth liable to pay the taxes and other charges of the State. farming land means land used for farming within the meaning of the Land Valuation Act 2010 , section 48 .\n- (a) administering and giving effect to this Act; and\n- (b) managing the matters mentioned in section 152F (5) (b) .\n- (a) an amount representing one-seventh of the estimates for the financial year in question of the amount to be received from the owners of prescribed properties other than prescribed properties owned by a Commonwealth public trading enterprise; and\n- (b) such further amount as the Treasurer may authorise.","sortOrder":367},{"sectionNumber":"sec.152I","sectionType":"section","heading":"Annual contributions of owners of prescribed properties","content":"### sec.152I Annual contributions of owners of prescribed properties\n\nA regulation may prescribe the amounts of the contributions to be paid by owners of prescribed properties for a financial year.\nA regulation under subsection (1) shall prescribe the amounts of the contributions by categorising prescribed properties and prescribing differing amounts of contributions in accordance with those categories.\nCategorisation of prescribed properties is to be on the bases stated in the regulation.\nthe purposes for which properties are used\nthe nature and availability of services supplied by fire service entities servicing properties\nthe nature and availability of facilities of fire service entities servicing properties\nthe levy district or class of levy districts in which properties are located\na combination of all or any of examples 1, 2, 3 and 4\nAs soon as is practicable after a regulation is made under this section, the commissioner must give notice in writing to each local government of the amounts of contributions payable by owners of prescribed properties in respect of the financial year to which the regulation relates.\ns 152I (prev s 108) amd 1995 No. 55 s 25 ; 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 11 sch 2 ; 2013 No. 28 s 51 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4\nreloc and renum 2024 No. 22 s 60 (2)\n(sec.152I-ssec.1) A regulation may prescribe the amounts of the contributions to be paid by owners of prescribed properties for a financial year.\n(sec.152I-ssec.2) A regulation under subsection (1) shall prescribe the amounts of the contributions by categorising prescribed properties and prescribing differing amounts of contributions in accordance with those categories.\n(sec.152I-ssec.3) Categorisation of prescribed properties is to be on the bases stated in the regulation. the purposes for which properties are used the nature and availability of services supplied by fire service entities servicing properties the nature and availability of facilities of fire service entities servicing properties the levy district or class of levy districts in which properties are located a combination of all or any of examples 1, 2, 3 and 4\n(sec.152I-ssec.4) As soon as is practicable after a regulation is made under this section, the commissioner must give notice in writing to each local government of the amounts of contributions payable by owners of prescribed properties in respect of the financial year to which the regulation relates.\n- 1 the purposes for which properties are used\n- 2 the nature and availability of services supplied by fire service entities servicing properties\n- 3 the nature and availability of facilities of fire service entities servicing properties\n- 4 the levy district or class of levy districts in which properties are located\n- 5 a combination of all or any of examples 1, 2, 3 and 4","sortOrder":368},{"sectionNumber":"sec.152J","sectionType":"section","heading":"Annual returns by local governments","content":"### sec.152J Annual returns by local governments\n\nTo enable the amounts of contributions payable by owners of prescribed properties to be assessed in respect of each financial year, each local government must furnish to the commissioner a return disclosing the particulars prescribed under a regulation relating to properties that—\nare within its area and within a levy district; and\nare or will be prescribed properties during the financial year to which the return relates.\nA return must be furnished—\nbefore the last day of April immediately preceding the financial year to which it relates; or\nbefore such other date as the commissioner appoints, by notification published in the gazette.\ns 152J (prev s 109) amd 1995 No. 55 s 26 ; 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 11 sch 2 ; 2013 No. 28 s 51 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4\nreloc and renum 2024 No. 22 s 60 (2)\n(sec.152J-ssec.1) To enable the amounts of contributions payable by owners of prescribed properties to be assessed in respect of each financial year, each local government must furnish to the commissioner a return disclosing the particulars prescribed under a regulation relating to properties that— are within its area and within a levy district; and are or will be prescribed properties during the financial year to which the return relates.\n(sec.152J-ssec.2) A return must be furnished— before the last day of April immediately preceding the financial year to which it relates; or before such other date as the commissioner appoints, by notification published in the gazette.\n- (a) are within its area and within a levy district; and\n- (b) are or will be prescribed properties during the financial year to which the return relates.\n- (a) before the last day of April immediately preceding the financial year to which it relates; or\n- (b) before such other date as the commissioner appoints, by notification published in the gazette.","sortOrder":369},{"sectionNumber":"sec.152K","sectionType":"section","heading":"Discount for pensioners","content":"### sec.152K Discount for pensioners\n\nIn this section—\npensioner means a person in receipt of a pension under any law of the Commonwealth or of the State declared, or belonging to a class of pension declared, under a regulation for the purposes of this section.\nThe Governor in Council may by regulation declare that each pensioner, who is the owner of a prescribed property that is the principal place of residence of that pensioner, be granted a discount on the contributions payable pursuant to this division in respect of that property at such rate as is specified in the regulation.\nIf a pensioner entitled to a discount in respect of prescribed property is not the sole owner, the discount is an amount that bears to the amount of the discount to which the pensioner would have been entitled as the sole owner, the same proportion as the pensioner’s interest in the property bears to the total of the interests of all owners of the property.\nFor the purposes of subsection (3) —\nowners who hold interests in a property as joint tenants are taken to hold interests in the property as tenants in common in equal shares; and\na pensioner who holds an interest in a property is taken to also hold any interest in the property held by the spouse of the pensioner.\ns 152K (prev s 110) amd 1995 No. 55 s 27 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 60 (2)\n(sec.152K-ssec.1) In this section— pensioner means a person in receipt of a pension under any law of the Commonwealth or of the State declared, or belonging to a class of pension declared, under a regulation for the purposes of this section.\n(sec.152K-ssec.2) The Governor in Council may by regulation declare that each pensioner, who is the owner of a prescribed property that is the principal place of residence of that pensioner, be granted a discount on the contributions payable pursuant to this division in respect of that property at such rate as is specified in the regulation.\n(sec.152K-ssec.3) If a pensioner entitled to a discount in respect of prescribed property is not the sole owner, the discount is an amount that bears to the amount of the discount to which the pensioner would have been entitled as the sole owner, the same proportion as the pensioner’s interest in the property bears to the total of the interests of all owners of the property.\n(sec.152K-ssec.4) For the purposes of subsection (3) — owners who hold interests in a property as joint tenants are taken to hold interests in the property as tenants in common in equal shares; and a pensioner who holds an interest in a property is taken to also hold any interest in the property held by the spouse of the pensioner.\n- (a) owners who hold interests in a property as joint tenants are taken to hold interests in the property as tenants in common in equal shares; and\n- (b) a pensioner who holds an interest in a property is taken to also hold any interest in the property held by the spouse of the pensioner.","sortOrder":370},{"sectionNumber":"sec.152L","sectionType":"section","heading":"Duties of owner of prescribed property and local government","content":"### sec.152L Duties of owner of prescribed property and local government\n\nAn owner of prescribed property must, in accordance with this division, pay to the local government in whose area the property is situated the annual contributions in respect of the property and any other amounts the local government is authorised to impose pursuant to this division.\nSubject to this division a local government must collect those annual contributions and other amounts.\ns 152L (prev s 111) amd 2013 No. 28 s 51 sch 2 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 60 (2)\n(sec.152L-ssec.1) An owner of prescribed property must, in accordance with this division, pay to the local government in whose area the property is situated the annual contributions in respect of the property and any other amounts the local government is authorised to impose pursuant to this division.\n(sec.152L-ssec.2) Subject to this division a local government must collect those annual contributions and other amounts.","sortOrder":371},{"sectionNumber":"sec.152M","sectionType":"section","heading":"Determinations and notifications of contributions","content":"### sec.152M Determinations and notifications of contributions\n\nIn respect of each financial year, a local government as at the first day of the financial year—\nmust determine the prescribed properties within its area; and\nmust determine the annual contributions payable in respect of prescribed properties by reference to the categories prescribed under a regulation made under section 152I .\nAfter a local government makes its determinations for any financial year, it must give the owner of each prescribed property within its area a levy notice stating—\nthe annual contribution in respect of the property; and\nthe amount of any arrears (including interest and other charges) of annual contribution in respect of the property.\ns 152M (prev s 112) amd 1991 No. 51 s 3 .19; 1995 No. 55 s 28 ; 2013 No. 28 s 51 sch 2 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 60 (2)\n(sec.152M-ssec.1) In respect of each financial year, a local government as at the first day of the financial year— must determine the prescribed properties within its area; and must determine the annual contributions payable in respect of prescribed properties by reference to the categories prescribed under a regulation made under section 152I .\n(sec.152M-ssec.2) After a local government makes its determinations for any financial year, it must give the owner of each prescribed property within its area a levy notice stating— the annual contribution in respect of the property; and the amount of any arrears (including interest and other charges) of annual contribution in respect of the property.\n- (a) must determine the prescribed properties within its area; and\n- (b) must determine the annual contributions payable in respect of prescribed properties by reference to the categories prescribed under a regulation made under section 152I .\n- (a) the annual contribution in respect of the property; and\n- (b) the amount of any arrears (including interest and other charges) of annual contribution in respect of the property.","sortOrder":372},{"sectionNumber":"sec.152N","sectionType":"section","heading":"Appeal against local government’s determination","content":"### sec.152N Appeal against local government’s determination\n\nAn owner of property to whom a levy notice is given may appeal to the commissioner on any of the following grounds and on no other grounds—\nthat the property is not prescribed property;\nthat an amount shown in the notice is incorrect because of a typographical, mathematical or similar error, including a typographical or similar error incorrectly categorising the property;\nthat, for determining the contributions payable under section 152I —\nthe local government has incorrectly categorised the property, other than because of an error mentioned in paragraph (b) ; or\nthe prescribed property should in the circumstances be taken to be within a category other than the category on which the local government based its determination.\nA person wishing to appeal must lodge a notice to that effect with the commissioner setting out the grounds of the appeal within 30 days after the levy notice is given.\nThe commissioner may require an appellant or the local government concerned to provide information relevant to the determination of the appeal.\nThe commissioner may allow or reject an appeal.\nHowever, the commissioner need not consider an appeal against a levy notice for the property if—\nan appeal against a previous levy notice for the same property has been lodged under this section on a ground mentioned in subsection (1) (a) or (c) ; and\nthe appeal was rejected; and\nsince the appeal against the previous levy notice was lodged, there has not been a material change of use under the Planning Act 2016 for the property.\nIf the commissioner allows an appeal, the relevant local government must—\namend the levy notice; or\nrevoke the levy notice; or\nrevoke the levy notice and give a new levy notice;\nin accordance with the determination of the commissioner.\nIf the commissioner allows an appeal, the relevant local government must refund to the appellant any amount paid in respect of contributions, for the financial year to which the notice relates and for any previous financial year, in excess of the amount calculated in accordance with the commissioner’s determination.\nIf the local government has already made payments to the State in respect of those contributions, the amount refundable must be paid to the appellant by the department.\nThe determination of the commissioner in respect of an appeal is final.\ns 152N (prev s 113) amd 1995 No. 55 s 29 ; 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 1998 No. 37 s 9 sch ; 2001 No. 76 s 11 sch 2 ; 2013 No. 28 s 36 ; 2014 No. 17 s 184 sch 1 pt 4 ; 2016 No. 27 s 232 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 60 (2)\n(sec.152N-ssec.1) An owner of property to whom a levy notice is given may appeal to the commissioner on any of the following grounds and on no other grounds— that the property is not prescribed property; that an amount shown in the notice is incorrect because of a typographical, mathematical or similar error, including a typographical or similar error incorrectly categorising the property; that, for determining the contributions payable under section 152I — the local government has incorrectly categorised the property, other than because of an error mentioned in paragraph (b) ; or the prescribed property should in the circumstances be taken to be within a category other than the category on which the local government based its determination.\n(sec.152N-ssec.2) A person wishing to appeal must lodge a notice to that effect with the commissioner setting out the grounds of the appeal within 30 days after the levy notice is given.\n(sec.152N-ssec.3) The commissioner may require an appellant or the local government concerned to provide information relevant to the determination of the appeal.\n(sec.152N-ssec.4) The commissioner may allow or reject an appeal.\n(sec.152N-ssec.5) However, the commissioner need not consider an appeal against a levy notice for the property if— an appeal against a previous levy notice for the same property has been lodged under this section on a ground mentioned in subsection (1) (a) or (c) ; and the appeal was rejected; and since the appeal against the previous levy notice was lodged, there has not been a material change of use under the Planning Act 2016 for the property.\n(sec.152N-ssec.6) If the commissioner allows an appeal, the relevant local government must— amend the levy notice; or revoke the levy notice; or revoke the levy notice and give a new levy notice; in accordance with the determination of the commissioner.\n(sec.152N-ssec.7) If the commissioner allows an appeal, the relevant local government must refund to the appellant any amount paid in respect of contributions, for the financial year to which the notice relates and for any previous financial year, in excess of the amount calculated in accordance with the commissioner’s determination.\n(sec.152N-ssec.8) If the local government has already made payments to the State in respect of those contributions, the amount refundable must be paid to the appellant by the department.\n(sec.152N-ssec.9) The determination of the commissioner in respect of an appeal is final.\n- (a) that the property is not prescribed property;\n- (b) that an amount shown in the notice is incorrect because of a typographical, mathematical or similar error, including a typographical or similar error incorrectly categorising the property;\n- (c) that, for determining the contributions payable under section 152I — (i) the local government has incorrectly categorised the property, other than because of an error mentioned in paragraph (b) ; or (ii) the prescribed property should in the circumstances be taken to be within a category other than the category on which the local government based its determination.\n- (i) the local government has incorrectly categorised the property, other than because of an error mentioned in paragraph (b) ; or\n- (ii) the prescribed property should in the circumstances be taken to be within a category other than the category on which the local government based its determination.\n- (i) the local government has incorrectly categorised the property, other than because of an error mentioned in paragraph (b) ; or\n- (ii) the prescribed property should in the circumstances be taken to be within a category other than the category on which the local government based its determination.\n- (a) an appeal against a previous levy notice for the same property has been lodged under this section on a ground mentioned in subsection (1) (a) or (c) ; and\n- (b) the appeal was rejected; and\n- (c) since the appeal against the previous levy notice was lodged, there has not been a material change of use under the Planning Act 2016 for the property.\n- (a) amend the levy notice; or\n- (b) revoke the levy notice; or\n- (c) revoke the levy notice and give a new levy notice;","sortOrder":373},{"sectionNumber":"sec.152O","sectionType":"section","heading":"Manner of giving notification","content":"### sec.152O Manner of giving notification\n\nA levy notice may be given to the owner of prescribed property—\nas an item on a rate notice given to the owner in respect of that property; or\nas a separate notice given before 1 January of the financial year to which the notice relates.\nWhere for any financial year a local government gives to the owner of prescribed property in respect of that property 2 or more rate notices, each relating to part of that financial year, a levy notice is taken to be given to the owner in accordance with subsection (1) (a) if each rate notice contains an item for the payment in respect of that property of—\nsuch amount as bears to the total of the annual contribution for the financial year the same proportion as the period (in months) for which the rate notice is given bears to 12; and\nthe amount of any arrears of annual contribution.\nWhere notification is given as a separate notice, that notice is taken to be a rate notice under the Local Government Act 2009 or, in the case of Brisbane City Council, the City of Brisbane Act 2010 .\nA notification must not be given as an item on a rate notice unless—\nwhere only 1 rate notice is given for a financial year—that rate notice is given before 1 January of that financial year;\nwhere 2 or more rate notices are given for a financial year—the first of those notices is given before 1 January of that financial year.\ns 152O (prev s 114) amd 1993 No. 70 s 804 sch ; 2009 No. 17 s 331 sch 1 ; 2010 No. 23 s 352 sch 1 ; 2013 No. 28 s 51 sch 2\nreloc and renum 2024 No. 22 s 60 (2)\n(sec.152O-ssec.1) A levy notice may be given to the owner of prescribed property— as an item on a rate notice given to the owner in respect of that property; or as a separate notice given before 1 January of the financial year to which the notice relates.\n(sec.152O-ssec.2) Where for any financial year a local government gives to the owner of prescribed property in respect of that property 2 or more rate notices, each relating to part of that financial year, a levy notice is taken to be given to the owner in accordance with subsection (1) (a) if each rate notice contains an item for the payment in respect of that property of— such amount as bears to the total of the annual contribution for the financial year the same proportion as the period (in months) for which the rate notice is given bears to 12; and the amount of any arrears of annual contribution.\n(sec.152O-ssec.3) Where notification is given as a separate notice, that notice is taken to be a rate notice under the Local Government Act 2009 or, in the case of Brisbane City Council, the City of Brisbane Act 2010 .\n(sec.152O-ssec.4) A notification must not be given as an item on a rate notice unless— where only 1 rate notice is given for a financial year—that rate notice is given before 1 January of that financial year; where 2 or more rate notices are given for a financial year—the first of those notices is given before 1 January of that financial year.\n- (a) as an item on a rate notice given to the owner in respect of that property; or\n- (b) as a separate notice given before 1 January of the financial year to which the notice relates.\n- (a) such amount as bears to the total of the annual contribution for the financial year the same proportion as the period (in months) for which the rate notice is given bears to 12; and\n- (b) the amount of any arrears of annual contribution.\n- (a) where only 1 rate notice is given for a financial year—that rate notice is given before 1 January of that financial year;\n- (b) where 2 or more rate notices are given for a financial year—the first of those notices is given before 1 January of that financial year.","sortOrder":374},{"sectionNumber":"sec.152P","sectionType":"section","heading":"Annual contribution etc. deemed to be rates","content":"### sec.152P Annual contribution etc. deemed to be rates\n\nAn amount shown in a levy notice, whether given by way of a separate notice or an item on a rate notice, is taken to be a general rate levied by the local government and the relevant provisions relating to general rates apply with all necessary modifications.\nIn this section—\nrelevant provisions means the provisions of the Local Government Act 2009 or City of Brisbane Act 2010 prescribed under a regulation.\nNotwithstanding subsections (1) and (2) , rates or charges made and levied under the Local Government Act 2009 or City of Brisbane Act 2010 are in priority to amounts that, pursuant to subsection (1) , are taken to be general rates.\ns 152P (prev s 115) amd 1993 No. 70 s 804 sch ; 2006 No. 49 s 41 ; 2010 No. 23 s 352 sch 1 ; 2013 No. 28 s 51 sch 2\nreloc and renum 2024 No. 22 s 60 (2)\n(sec.152P-ssec.1) An amount shown in a levy notice, whether given by way of a separate notice or an item on a rate notice, is taken to be a general rate levied by the local government and the relevant provisions relating to general rates apply with all necessary modifications.\n(sec.152P-ssec.2) In this section— relevant provisions means the provisions of the Local Government Act 2009 or City of Brisbane Act 2010 prescribed under a regulation.\n(sec.152P-ssec.3) Notwithstanding subsections (1) and (2) , rates or charges made and levied under the Local Government Act 2009 or City of Brisbane Act 2010 are in priority to amounts that, pursuant to subsection (1) , are taken to be general rates.","sortOrder":375},{"sectionNumber":"sec.152Q","sectionType":"section","heading":"Contribution to be paid into fund of local government","content":"### sec.152Q Contribution to be paid into fund of local government\n\nAn amount received or recovered by a local government under this division must be paid into its operating fund.\ns 152Q (prev s 116) sub 1993 No. 70 s 804 sch\namd 2013 No. 28 s 37 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 60 (2)","sortOrder":376},{"sectionNumber":"sec.152R","sectionType":"section","heading":"Retention of administration fee by local governments","content":"### sec.152R Retention of administration fee by local governments\n\nFor each financial year, a local government is entitled to an amount (an administration fee ) for performing functions under this division, including determining the annual contributions payable for prescribed properties, giving levy notices and collecting contributions for prescribed properties.\nThe administration fee for a financial year may be kept from annual contributions for prescribed properties paid or payable for the financial year.\nEach local government may decide the way in which it keeps the administration fee.\nA regulation may prescribe the way in which the administration fee is to be calculated.\ns 152R (prev s 117) amd 1995 No. 55 s 30\nsub 1997 No. 52 s 8\namd 2013 No. 28 s 51 sch 2 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 60 (2)\n(sec.152R-ssec.1) For each financial year, a local government is entitled to an amount (an administration fee ) for performing functions under this division, including determining the annual contributions payable for prescribed properties, giving levy notices and collecting contributions for prescribed properties.\n(sec.152R-ssec.2) The administration fee for a financial year may be kept from annual contributions for prescribed properties paid or payable for the financial year.\n(sec.152R-ssec.3) Each local government may decide the way in which it keeps the administration fee.\n(sec.152R-ssec.4) A regulation may prescribe the way in which the administration fee is to be calculated.","sortOrder":377},{"sectionNumber":"sec.152S","sectionType":"section","heading":"Payments by local governments to department","content":"### sec.152S Payments by local governments to department\n\nA local government must from time to time make payments to the department, for the fund, out of its operating fund from moneys received or recovered by the local government pursuant to this division.\nThe amount of a payment shall be the total of the moneys received or recovered by the local government during the relevant financial year or declared period less the total of all amounts retained by the local government under section 152R .\nAn amount payable under this section must be paid within 14 days after the expiration of the financial year or declared period to which the amount relates or within such further time as the commissioner may allow.\nEvery payment must be accompanied by a return in the approved form.\nIn this section—\ndeclared period means a period in a financial year declared under a regulation as a declared period.\ns 152S (prev s 118) amd 1995 No. 55 s 31 ; 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 1997 No. 52 s 9 ; 1998 No. 37 s 9 sch ; 2001 No. 76 s 11 sch 2 ; 2013 No. 28 s 38 ; 2014 No. 17 s 184 sch 1 pt 4 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 60 (2)\n(sec.152S-ssec.1) A local government must from time to time make payments to the department, for the fund, out of its operating fund from moneys received or recovered by the local government pursuant to this division.\n(sec.152S-ssec.2) The amount of a payment shall be the total of the moneys received or recovered by the local government during the relevant financial year or declared period less the total of all amounts retained by the local government under section 152R .\n(sec.152S-ssec.3) An amount payable under this section must be paid within 14 days after the expiration of the financial year or declared period to which the amount relates or within such further time as the commissioner may allow.\n(sec.152S-ssec.4) Every payment must be accompanied by a return in the approved form.\n(sec.152S-ssec.5) In this section— declared period means a period in a financial year declared under a regulation as a declared period.","sortOrder":378},{"sectionNumber":"sec.152T","sectionType":"section","heading":"Failure by local government to make payment","content":"### sec.152T Failure by local government to make payment\n\nWhere a local government fails to pay an amount payable under section 152S within the required period, the local government, from the day on which the period expires, is liable to pay to the department, for the fund, interest on the amount at the percentage prescribed under a regulation under the City of Brisbane Act 2010 or the Local Government Act 2009 for overdue rates.\nAny interest not paid by a local government within the time specified in a written demand for payment given by the commissioner is recoverable, together with expenses of recovery, in a court of competent jurisdiction.\ns 152T (prev s 119) amd 1995 No. 55 s 32 ; 1996 No. 42 s 21 sch 2 ; 1997 No. 52 s 10 ; 2001 No. 76 s 11 sch 2 ; 2009 No. 17 s 331 sch 1 ; 2010 No. 23 s 352 sch 1 ; 2013 No. 28 s 51 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 60 (2)\n(sec.152T-ssec.1) Where a local government fails to pay an amount payable under section 152S within the required period, the local government, from the day on which the period expires, is liable to pay to the department, for the fund, interest on the amount at the percentage prescribed under a regulation under the City of Brisbane Act 2010 or the Local Government Act 2009 for overdue rates.\n(sec.152T-ssec.2) Any interest not paid by a local government within the time specified in a written demand for payment given by the commissioner is recoverable, together with expenses of recovery, in a court of competent jurisdiction.","sortOrder":379},{"sectionNumber":"sec.152U","sectionType":"section","heading":"Payments and interest to be debt","content":"### sec.152U Payments and interest to be debt\n\nAll payments required to be paid to the department under section 152S and all interest payable by a local government under section 152T constitute a debt due to the State and may be sued for and recovered by the State in any court of competent jurisdiction.\ns 152U (prev s 120) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 11 sch 2 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 60 (2)","sortOrder":380},{"sectionNumber":"sec.152V","sectionType":"section","heading":"Payment of arrears","content":"### sec.152V Payment of arrears\n\nWhere any amount relating to contributions payable in respect of prescribed property is in arrears, the owner may apply in writing to the local government in whose area the property is situated for approval to pay the outstanding amount in instalments.\nThe local government may refuse the application or may grant it subject to any conditions it thinks fit.\ns 152V (prev s 121) amd 2013 No. 28 s 51 sch 2\nreloc and renum 2024 No. 22 s 60 (2)\n(sec.152V-ssec.1) Where any amount relating to contributions payable in respect of prescribed property is in arrears, the owner may apply in writing to the local government in whose area the property is situated for approval to pay the outstanding amount in instalments.\n(sec.152V-ssec.2) The local government may refuse the application or may grant it subject to any conditions it thinks fit.","sortOrder":381},{"sectionNumber":"sec.152W","sectionType":"section","heading":"Notices about contributions","content":"### sec.152W Notices about contributions\n\nWhere a local government—\nfails to notify the owner of prescribed property of any amount relating to contributions payable in respect of that property; or\nin the opinion of the commissioner has underestimated any amount so payable;\nthe commissioner may give a notice to the owner requiring payment of the amount specified in the notice within such time and in such instalments (if any) as are specified.\nIn a case referred to in subsection (1) (b) , a notice may be given by the commissioner whether or not the amount as calculated by the local government has been paid.\ns 152W (prev s 122) amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 s 11 sch 2 ; 2013 No. 28 s 51 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4\nreloc and renum 2024 No. 22 s 60 (2)\n(sec.152W-ssec.1) Where a local government— fails to notify the owner of prescribed property of any amount relating to contributions payable in respect of that property; or in the opinion of the commissioner has underestimated any amount so payable; the commissioner may give a notice to the owner requiring payment of the amount specified in the notice within such time and in such instalments (if any) as are specified.\n(sec.152W-ssec.2) In a case referred to in subsection (1) (b) , a notice may be given by the commissioner whether or not the amount as calculated by the local government has been paid.\n- (a) fails to notify the owner of prescribed property of any amount relating to contributions payable in respect of that property; or\n- (b) in the opinion of the commissioner has underestimated any amount so payable;","sortOrder":382},{"sectionNumber":"sec.152X","sectionType":"section","heading":"Recovery of arrears","content":"### sec.152X Recovery of arrears\n\nWhere any amount relating to contributions remains unpaid at the expiration of the period specified for payment in a levy notice or a notice given under section 152W and proceedings for recovery of the amount have not been instituted or have not been completed by the local government in whose area the relevant prescribed property is situated, the commissioner may take action in a court of competent jurisdiction to recover that amount and interest on that amount.\nFor subsection (1) , the rate of the interest is the percentage decided by the local government, under the City of Brisbane Act 2010 or the Local Government Act 2009 , in relation to an overdue rate for the period for which the amount remains unpaid.\nFor the purpose of subsection (1) , the commissioner may take any action (including the selling of land) that a local government may take to recover unpaid rates and for that purpose—\nthe amount outstanding is taken to be rates unpaid to a local government and, notwithstanding section 152P (3) , to be in priority to any rates made and levied in respect of the prescribed property by the local government in whose area the property is situated; and\nthe commissioner is taken to be the mayor of that local government; and\nany document signed by the commissioner is as effective as it would be if signed by the mayor of that local government.\nWhere a court makes an order against the owner of prescribed property for the recovery of any amount in an action referred to in subsection (1) , it may also make an order for the recovery of any other outstanding amount relating to contributions payable in respect of that property that has not been paid in accordance with notification given under this division.\ns 152X (prev s 123) amd 1995 No. 55 s 33 ; 1996 No. 42 s 21 sch 2 ; 1997 No. 52 s 11 ; 2001 No. 76 s 11 sch 2 ; 2008 No. 5 s 34 ; 2009 No. 17 s 331 sch 1 ; 2010 No. 23 s 352 sch 1 ; 2013 No. 28 s 51 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 60 (2)\n(sec.152X-ssec.1) Where any amount relating to contributions remains unpaid at the expiration of the period specified for payment in a levy notice or a notice given under section 152W and proceedings for recovery of the amount have not been instituted or have not been completed by the local government in whose area the relevant prescribed property is situated, the commissioner may take action in a court of competent jurisdiction to recover that amount and interest on that amount.\n(sec.152X-ssec.2) For subsection (1) , the rate of the interest is the percentage decided by the local government, under the City of Brisbane Act 2010 or the Local Government Act 2009 , in relation to an overdue rate for the period for which the amount remains unpaid.\n(sec.152X-ssec.3) For the purpose of subsection (1) , the commissioner may take any action (including the selling of land) that a local government may take to recover unpaid rates and for that purpose— the amount outstanding is taken to be rates unpaid to a local government and, notwithstanding section 152P (3) , to be in priority to any rates made and levied in respect of the prescribed property by the local government in whose area the property is situated; and the commissioner is taken to be the mayor of that local government; and any document signed by the commissioner is as effective as it would be if signed by the mayor of that local government.\n(sec.152X-ssec.4) Where a court makes an order against the owner of prescribed property for the recovery of any amount in an action referred to in subsection (1) , it may also make an order for the recovery of any other outstanding amount relating to contributions payable in respect of that property that has not been paid in accordance with notification given under this division.\n- (a) the amount outstanding is taken to be rates unpaid to a local government and, notwithstanding section 152P (3) , to be in priority to any rates made and levied in respect of the prescribed property by the local government in whose area the property is situated; and\n- (b) the commissioner is taken to be the mayor of that local government; and\n- (c) any document signed by the commissioner is as effective as it would be if signed by the mayor of that local government.","sortOrder":383},{"sectionNumber":"sec.152Y","sectionType":"section","heading":"Remitting contributions","content":"### sec.152Y Remitting contributions\n\nIf the commissioner believes that it is not practicable to pursue the recovery of an amount relating to contributions, the commissioner may—\nremit and wholly discharge the amount or any part of it; or\nenter into an agreement with the person concerned for the payment of a composition in respect of the amount.\ns 152Y (prev s 124) amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 s 11 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4\nreloc and renum 2024 No. 22 s 60 (2)\n- (a) remit and wholly discharge the amount or any part of it; or\n- (b) enter into an agreement with the person concerned for the payment of a composition in respect of the amount.","sortOrder":384},{"sectionNumber":"sec.152Z","sectionType":"section","heading":"Proof of amounts owing in relation to contributions","content":"### sec.152Z Proof of amounts owing in relation to contributions\n\nIn any proceeding for the recovery of any amount relating to contributions, a certificate signed by the commissioner stating in respect of property identified in the certificate—\nthat the property was, during a specified period, prescribed property; and\nthat during that period the property was within a specified levy district and within the area of a specified local government; and\nthat during that period a person was the owner of the property; and\nthat the person owes any specified amount in respect of contributions;\nis evidence of the matters stated.\ns 152Z (prev s 125) amd 1995 No. 55 s 34 ; 1996 No. 42 s 3 sch 3 ; 2001 No. 76 s 11 sch 2 ; 2013 No. 28 s 51 sch 2 ; 2014 No. 17 s 98\nreloc and renum 2024 No. 22 s 60 (2)\n- (a) that the property was, during a specified period, prescribed property; and\n- (b) that during that period the property was within a specified levy district and within the area of a specified local government; and\n- (c) that during that period a person was the owner of the property; and\n- (d) that the person owes any specified amount in respect of contributions;","sortOrder":385},{"sectionNumber":"sec.152ZA","sectionType":"section","heading":"Where services of debt collector engaged","content":"### sec.152ZA Where services of debt collector engaged\n\nWhere the commissioner or a local government engages the services of a debt collector (authorised to perform a debt collection activity under the Debt Collectors (Field Agents and Collection Agents) Act 2014 ) for the purpose of collecting any arrears of annual contribution payable by an owner of prescribed property, then, despite section 27 of that Act, the owner may be required by the commissioner or the local government by notice in writing to pay an amount, not exceeding an amount representing the prescribed per centum of the amount of arrears, by way of a collection fee.\nThe amount, if not paid as required, is recoverable by the commissioner or the local government, together with any expenses of recovery, in a court of competent jurisdiction.\ns 152ZA (prev s 126) amd 1996 No. 42 s 21 sch 2 ; 1999 No. 19 s 3 sch ; 2000 No. 62 s 601 sch 2 ; 2001 No. 76 s 11 sch 2 ; 2013 No. 28 s 51 sch 2 ; 2014 No. 17 s 99 ; 2014 No. 19 s 152 sch 1\nreloc and renum 2024 No. 22 s 60 (2)\n(sec.152ZA-ssec.1) Where the commissioner or a local government engages the services of a debt collector (authorised to perform a debt collection activity under the Debt Collectors (Field Agents and Collection Agents) Act 2014 ) for the purpose of collecting any arrears of annual contribution payable by an owner of prescribed property, then, despite section 27 of that Act, the owner may be required by the commissioner or the local government by notice in writing to pay an amount, not exceeding an amount representing the prescribed per centum of the amount of arrears, by way of a collection fee.\n(sec.152ZA-ssec.2) The amount, if not paid as required, is recoverable by the commissioner or the local government, together with any expenses of recovery, in a court of competent jurisdiction.","sortOrder":386},{"sectionNumber":"sec.152ZB","sectionType":"section","heading":"Application of Crown Proceedings Act","content":"### sec.152ZB Application of Crown Proceedings Act\n\nAny proceeding for the recovery of any amount (including costs) taken under this Act by a local government is taken to be a proceeding in respect of a claim by the Crown within the meaning of the Crown Proceedings Act 1980 and the provisions of that Act apply accordingly.\ns 152ZB (prev s 127) reloc and renum 2024 No. 22 s 60 (2)","sortOrder":387},{"sectionNumber":"sec.152ZC","sectionType":"section","heading":"Levies not revenue in determining remuneration of employees of local government","content":"### sec.152ZC Levies not revenue in determining remuneration of employees of local government\n\nNotwithstanding any industrial award providing for the classification or remuneration of any employee of a local government according to revenue received by it, in calculating revenue for that purpose—\nmoney retained as a collection fee under section 152R is included;\nall other money received or recovered under this division is excluded.\ns 152ZC (prev s 128) amd 2013 No. 28 s 51 sch 2 ; 2024 No. 22 s 92 sch 1\nreloc and renum 2024 No. 22 s 60 (2)\n- (a) money retained as a collection fee under section 152R is included;\n- (b) all other money received or recovered under this division is excluded.","sortOrder":388},{"sectionNumber":"ch.5-pt.3A-div.4","sectionType":"division","heading":"Funding for rural fire brigades","content":"## Funding for rural fire brigades","sortOrder":389},{"sectionNumber":"sec.152ZD","sectionType":"section","heading":"Local government may make and levy certain rates or charges and contribute amounts raised to rural fire brigades","content":"### sec.152ZD Local government may make and levy certain rates or charges and contribute amounts raised to rural fire brigades\n\nA local government may make and levy the following rates or charges and contribute amounts raised to rural fire brigades operating in its local government area—\nfor Brisbane City Council—special rates and charges, or separate rates and charges, under the City of Brisbane Act 2010 ;\nfor another local government—special rates and charges, or separate rates and charges, under the Local Government Act 2009 .\ns 152ZD (prev s 128A) ins 1994 No. 71 s 7\namd 1995 No. 11 s 7\nsub 1999 No. 30 s 22\namd 2009 No. 17 s 331 sch 1 ; 2010 No. 23 s 352 sch 1\nreloc and renum 2024 No. 22 s 60 (2)\n- (a) for Brisbane City Council—special rates and charges, or separate rates and charges, under the City of Brisbane Act 2010 ;\n- (b) for another local government—special rates and charges, or separate rates and charges, under the Local Government Act 2009 .","sortOrder":390},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":391},{"sectionNumber":"sec.153","sectionType":"section","heading":"Delegation","content":"### sec.153 Delegation\n\nThe commissioner may delegate a function of the commissioner under this Act to an appropriately qualified person.\nA delegation of a function may permit the subdelegation of the function.\nIn this section—\nfunction includes power or responsibility.\ns 153 amd 1995 No. 55 s 38 ; 1996 No. 42 ss 16 , 21 sch 2 , 3 sch 3 ; 2001 No. 76 s 11 sch 2 ; 2006 No. 49 s 48\nsub 2014 No. 17 s 100\n(sec.153-ssec.1) The commissioner may delegate a function of the commissioner under this Act to an appropriately qualified person.\n(sec.153-ssec.2) A delegation of a function may permit the subdelegation of the function.\n(sec.153-ssec.3) In this section— function includes power or responsibility.","sortOrder":392},{"sectionNumber":"sec.153A","sectionType":"section","heading":"Confidentiality","content":"### sec.153A Confidentiality\n\nA person must not disclose, use or make a record of information the person has acquired—\nin performing a function, or exercising a power, under this Act; or\nbecause of an opportunity provided by the performance of the person’s function, or exercise of the person’s power, under this Act.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply if the information is disclosed or used, or a record of the information is made—\nfor a purpose of this Act; or\nas permitted or required under another Act; or\nin compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\nAlso, subsection (1) does not apply to the disclosure of information relating to fire safety at particular premises if the disclosure is to a person with an interest in the premises, including the owner or occupier of the premises.\nFurther, subsection (1) does not apply to the disclosure of information relating to an investigation of a fire or hazardous materials emergency involving the death of, or serious injury to, a person if the disclosure is—\nto a police officer or a staff member of the police service under the Police Service Administration Act 1990 ; and\nfor the purpose of an investigation by the commissioner of the police service of the death or injury.\ns 153A ins 1994 No. 87 s 3 sch 2\nsub 2014 No. 17 s 100\namd 2023 No. 7 s 23\n(sec.153A-ssec.1) A person must not disclose, use or make a record of information the person has acquired— in performing a function, or exercising a power, under this Act; or because of an opportunity provided by the performance of the person’s function, or exercise of the person’s power, under this Act. Maximum penalty—40 penalty units.\n(sec.153A-ssec.2) Subsection (1) does not apply if the information is disclosed or used, or a record of the information is made— for a purpose of this Act; or as permitted or required under another Act; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\n(sec.153A-ssec.3) Also, subsection (1) does not apply to the disclosure of information relating to fire safety at particular premises if the disclosure is to a person with an interest in the premises, including the owner or occupier of the premises.\n(sec.153A-ssec.4) Further, subsection (1) does not apply to the disclosure of information relating to an investigation of a fire or hazardous materials emergency involving the death of, or serious injury to, a person if the disclosure is— to a police officer or a staff member of the police service under the Police Service Administration Act 1990 ; and for the purpose of an investigation by the commissioner of the police service of the death or injury.\n- (a) in performing a function, or exercising a power, under this Act; or\n- (b) because of an opportunity provided by the performance of the person’s function, or exercise of the person’s power, under this Act.\n- (a) for a purpose of this Act; or\n- (b) as permitted or required under another Act; or\n- (c) in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\n- (a) to a police officer or a staff member of the police service under the Police Service Administration Act 1990 ; and\n- (b) for the purpose of an investigation by the commissioner of the police service of the death or injury.","sortOrder":393},{"sectionNumber":"sec.153B","sectionType":"section","heading":"Protection from liability—acts or omissions under this Act","content":"### sec.153B Protection from liability—acts or omissions under this Act\n\nNo liability attaches to any person for an act done, or omission made, honestly and without negligence under this Act.\nA person who uses reasonable force on or against a person when performing a function under this Act to avoid or reduce danger or harm to any person or property or the environment is not liable to be charged or proceeded against for an offence in relation to the use of force.\nIf a question arises in a proceeding as to whether subsection (1) prevents liability for an act or omission attaching to a person, the party alleging that subsection (1) does not prevent liability attaching to the person bears the onus of proving the person did not do the act, or make the omission, honestly and without negligence.\nIn this section—\nfunction includes power or responsibility.\ns 153B ins 1995 No. 55 s 39\nsub 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\n(sec.153B-ssec.1) No liability attaches to any person for an act done, or omission made, honestly and without negligence under this Act.\n(sec.153B-ssec.2) A person who uses reasonable force on or against a person when performing a function under this Act to avoid or reduce danger or harm to any person or property or the environment is not liable to be charged or proceeded against for an offence in relation to the use of force.\n(sec.153B-ssec.3) If a question arises in a proceeding as to whether subsection (1) prevents liability for an act or omission attaching to a person, the party alleging that subsection (1) does not prevent liability attaching to the person bears the onus of proving the person did not do the act, or make the omission, honestly and without negligence.\n(sec.153B-ssec.4) In this section— function includes power or responsibility.","sortOrder":394},{"sectionNumber":"sec.153C","sectionType":"section","heading":null,"content":"### Section sec.153C\n\ns 153C ins 2014 No. 17 s 100\nom 2024 No. 18 s 19","sortOrder":395},{"sectionNumber":"sec.153D","sectionType":"section","heading":"Ownership of property","content":"### sec.153D Ownership of property\n\nFor this Act and a proceeding under any Act, the State is taken to be the owner of—\npremises occupied in an official capacity by a fire service officer; and\nanything (whether animate or inanimate) appropriated to the use of the fire services; and\nanything, not being the private property of a person, used by the commissioner or a fire service officer in performing duties.\ns 153D ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\n- (a) premises occupied in an official capacity by a fire service officer; and\n- (b) anything (whether animate or inanimate) appropriated to the use of the fire services; and\n- (c) anything, not being the private property of a person, used by the commissioner or a fire service officer in performing duties.","sortOrder":396},{"sectionNumber":"sec.154","sectionType":"section","heading":"Representation of commissioner at inquiries","content":"### sec.154 Representation of commissioner at inquiries\n\nAt an inquiry concerning a fire, an authorised representative of the commissioner may appear and adduce evidence, cross-examine a witness and address the tribunal conducting the inquiry.\ns 154 amd 1991 No. 51 s 3 .22; 5 April 1995 RA s 39 ; 1995 No. 55 s 40 ; 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 ss 24 (1) , 11 sch 2 ; 2006 No. 49 s 49 ; 2009 No. 24 s 117\nsub 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1","sortOrder":397},{"sectionNumber":"sec.154A","sectionType":"section","heading":"Construction of policies of fire insurance","content":"### sec.154A Construction of policies of fire insurance\n\nThis section applies if—\na person (the insured person ) has insured an interest in property (the insured property ) against loss or damage by fire; and\nbecause of an act done, or omitted to be done, in relation to a fire by a person performing a function or exercising a power under this Act—\nthe insured property is damaged and the insured person suffers a loss; or\nthe insured person incurs a charge or expense, other than a charge or expense incurred as a punishment.\nThe loss suffered, or the charge or expense incurred, by the insured person is taken to be loss or damage by fire under the insurance policy (the policy ) taken out by the insured person in relation to the insured property.\nSubsection (2) applies despite anything to the contrary in the policy.\ns 154A ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\n(sec.154A-ssec.1) This section applies if— a person (the insured person ) has insured an interest in property (the insured property ) against loss or damage by fire; and because of an act done, or omitted to be done, in relation to a fire by a person performing a function or exercising a power under this Act— the insured property is damaged and the insured person suffers a loss; or the insured person incurs a charge or expense, other than a charge or expense incurred as a punishment.\n(sec.154A-ssec.2) The loss suffered, or the charge or expense incurred, by the insured person is taken to be loss or damage by fire under the insurance policy (the policy ) taken out by the insured person in relation to the insured property.\n(sec.154A-ssec.3) Subsection (2) applies despite anything to the contrary in the policy.\n- (a) a person (the insured person ) has insured an interest in property (the insured property ) against loss or damage by fire; and\n- (b) because of an act done, or omitted to be done, in relation to a fire by a person performing a function or exercising a power under this Act— (i) the insured property is damaged and the insured person suffers a loss; or (ii) the insured person incurs a charge or expense, other than a charge or expense incurred as a punishment.\n- (i) the insured property is damaged and the insured person suffers a loss; or\n- (ii) the insured person incurs a charge or expense, other than a charge or expense incurred as a punishment.\n- (i) the insured property is damaged and the insured person suffers a loss; or\n- (ii) the insured person incurs a charge or expense, other than a charge or expense incurred as a punishment.","sortOrder":398},{"sectionNumber":"sec.154B","sectionType":"section","heading":"Report of fire","content":"### sec.154B Report of fire\n\nThe commissioner may, if asked by an insurer, give the insurer details of a report in the commissioner’s possession relating to the attendance at a fire or other emergency incident by—\na fire service officer; or\nanother person who is subject to the direction of the commissioner.\ns 154B ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1\n- (a) a fire service officer; or\n- (b) another person who is subject to the direction of the commissioner.","sortOrder":399},{"sectionNumber":"sec.154C","sectionType":"section","heading":null,"content":"### Section sec.154C\n\ns 154C ins 2014 No. 17 s 100\nom 2024 No. 18 s 19","sortOrder":400},{"sectionNumber":"sec.154D","sectionType":"section","heading":"Approval of forms","content":"### sec.154D Approval of forms\n\nThe commissioner may approve forms for use under this Act.\ns 154D ins 2014 No. 17 s 100\namd 2024 No. 22 s 92 sch 1","sortOrder":401},{"sectionNumber":"sec.154E","sectionType":"section","heading":"Regulation-making power","content":"### sec.154E Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may provide for any of the following—\nthe records required to be kept under this Act and the way in which the records are to be kept;\nmatters relating to the management and administration of the fire services;\nmatters relating to the entitlements, powers, responsibilities and liabilities of fire service officers;\nmatters relating to appeals about disciplinary action;\nfees and charges payable under this Act, including the matters for which they are payable;\na maximum penalty of not more than 30 penalty units for contravention of the regulation;\nfees payable for—\nthe assessment and inspection of special fire services within the meaning of the Building Act 1975 ; or\nthe assessment of proposed performance solutions within the meaning of the Building Code of Australia.\ns 154E ins 2014 No. 17 s 100\namd 2023 No. 7 s 17 ; 2024 No. 18 s 20 ; 2024 No. 22 s 73\n(sec.154E-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.154E-ssec.2) A regulation may provide for any of the following— the records required to be kept under this Act and the way in which the records are to be kept; matters relating to the management and administration of the fire services; matters relating to the entitlements, powers, responsibilities and liabilities of fire service officers; matters relating to appeals about disciplinary action; fees and charges payable under this Act, including the matters for which they are payable; a maximum penalty of not more than 30 penalty units for contravention of the regulation; fees payable for— the assessment and inspection of special fire services within the meaning of the Building Act 1975 ; or the assessment of proposed performance solutions within the meaning of the Building Code of Australia.\n- (a) the records required to be kept under this Act and the way in which the records are to be kept;\n- (b) matters relating to the management and administration of the fire services;\n- (c) matters relating to the entitlements, powers, responsibilities and liabilities of fire service officers;\n- (d) matters relating to appeals about disciplinary action;\n- (e) fees and charges payable under this Act, including the matters for which they are payable;\n- (f) a maximum penalty of not more than 30 penalty units for contravention of the regulation;\n- (g) fees payable for— (i) the assessment and inspection of special fire services within the meaning of the Building Act 1975 ; or (ii) the assessment of proposed performance solutions within the meaning of the Building Code of Australia.\n- (i) the assessment and inspection of special fire services within the meaning of the Building Act 1975 ; or\n- (ii) the assessment of proposed performance solutions within the meaning of the Building Code of Australia.\n- (i) the assessment and inspection of special fire services within the meaning of the Building Act 1975 ; or\n- (ii) the assessment of proposed performance solutions within the meaning of the Building Code of Australia.","sortOrder":402},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":403},{"sectionNumber":"ch.5-pt.5-div.1","sectionType":"division","heading":null,"content":"","sortOrder":404},{"sectionNumber":"sec.155","sectionType":"section","heading":null,"content":"### Section sec.155\n\ns 155 orig s 155 ins 1995 No. 55 s 41\nexp 8 December 1996 (see s 156(4))\nprev s 155 ins 1997 No. 52 s 12\namd 1998 No. 37 s 9 sch\nom 2024 No. 22 s 75","sortOrder":405},{"sectionNumber":"sec.156","sectionType":"section","heading":null,"content":"### Section sec.156\n\ns 156 ins 1995 No. 55 s 41\nexp 8 December 1996 (see s 156(4))","sortOrder":406},{"sectionNumber":"sec.157","sectionType":"section","heading":null,"content":"### Section sec.157\n\ns 157 orig s 157 ins 1995 No. 55 s 41\nexp 22 February 1996 (see s 157(3))\nprev s 157 ins 1996 No. 42 s 19\nom 2024 No. 22 s 75","sortOrder":407},{"sectionNumber":"sec.158","sectionType":"section","heading":null,"content":"### Section sec.158\n\ns 158 orig s 158 ins 1995 No. 55 s 41\nexp 3 April 1996 (see s 158(2))\nprev s 158 ins 1996 No. 42 s 19\nom 2024 No. 22 s 75","sortOrder":408},{"sectionNumber":"sec.159","sectionType":"section","heading":null,"content":"### Section sec.159\n\ns 159 orig s 159 ins 1995 No. 55 s 41\nexp 22 November 1995 (see s 159(3))\nprev s 159 ins 1996 No. 42 s 19\nom 2024 No. 22 s 75","sortOrder":409},{"sectionNumber":"sec.160","sectionType":"section","heading":null,"content":"### Section sec.160\n\ns 160 orig s 160 ins 1995 No. 55 s 41\nexp 22 November 1995 (see s 160(3))\nprev s 160 ins 1996 No. 42 s 19\nom 2024 No. 22 s 75","sortOrder":410},{"sectionNumber":"sec.161","sectionType":"section","heading":null,"content":"### Section sec.161\n\ns 161 ins 1996 No. 42 s 19\nom 2024 No. 22 s 75","sortOrder":411},{"sectionNumber":"sec.162","sectionType":"section","heading":null,"content":"### Section sec.162\n\ns 162 ins 1996 No. 42 s 19\nom 2024 No. 22 s 75","sortOrder":412},{"sectionNumber":"sec.163","sectionType":"section","heading":null,"content":"### Section sec.163\n\ns 163 ins 1996 No. 42 s 19\namd 1998 No. 37 s 9 sch\nom 2024 No. 22 s 75","sortOrder":413},{"sectionNumber":"sec.164","sectionType":"section","heading":null,"content":"### Section sec.164\n\ns 164 ins 1996 No. 42 s 19\nom 2024 No. 22 s 75","sortOrder":414},{"sectionNumber":"sec.165","sectionType":"section","heading":null,"content":"### Section sec.165\n\ns 165 ins 1996 No. 42 s 19\nom 2024 No. 22 s 75","sortOrder":415},{"sectionNumber":"sec.166","sectionType":"section","heading":null,"content":"### Section sec.166\n\ns 166 ins 1996 No. 42 s 19\nom 2024 No. 22 s 75","sortOrder":416},{"sectionNumber":"sec.167","sectionType":"section","heading":null,"content":"### Section sec.167\n\ns 167 ins 1996 No. 42 s 19\nom 2024 No. 22 s 75","sortOrder":417},{"sectionNumber":"sec.168","sectionType":"section","heading":null,"content":"### Section sec.168\n\ns 168 ins 1996 No. 42 s 19\nom 2024 No. 22 s 75","sortOrder":418},{"sectionNumber":"sec.169","sectionType":"section","heading":null,"content":"### Section sec.169\n\ns 169 ins 1996 No. 42 s 19\nexp 24 February 1998 (see s 169(2))","sortOrder":419},{"sectionNumber":"sec.170","sectionType":"section","heading":null,"content":"### Section sec.170\n\ns 170 ins 1997 No. 52 s 13\nom 2024 No. 22 s 75","sortOrder":420},{"sectionNumber":"ch.5-pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":421},{"sectionNumber":"sec.171","sectionType":"section","heading":null,"content":"### Section sec.171\n\ns 171 ins 1998 No. 37 s 14\nom 2024 No. 22 s 75","sortOrder":422},{"sectionNumber":"ch.5-pt.5-div.3","sectionType":"division","heading":null,"content":"","sortOrder":423},{"sectionNumber":"sec.172","sectionType":"section","heading":null,"content":"### Section sec.172\n\ns 172 ins 2001 No. 76 s 23\nom 2024 No. 22 s 75","sortOrder":424},{"sectionNumber":"sec.173","sectionType":"section","heading":null,"content":"### Section sec.173\n\ns 173 ins 2001 No. 76 s 23\nom 2024 No. 22 s 75","sortOrder":425},{"sectionNumber":"sec.174","sectionType":"section","heading":null,"content":"### Section sec.174\n\ns 174 ins 2001 No. 76 s 23\nom 2024 No. 22 s 75","sortOrder":426},{"sectionNumber":"sec.175","sectionType":"section","heading":null,"content":"### Section sec.175\n\ns 175 ins 2001 No. 76 s 23\nom 2024 No. 22 s 75","sortOrder":427},{"sectionNumber":"sec.176","sectionType":"section","heading":null,"content":"### Section sec.176\n\ns 176 ins 2001 No. 76 s 23\nom 2024 No. 22 s 75","sortOrder":428},{"sectionNumber":"sec.177","sectionType":"section","heading":null,"content":"### Section sec.177\n\ns 177 ins 2001 No. 76 s 23\nom 2024 No. 22 s 75","sortOrder":429},{"sectionNumber":"sec.178","sectionType":"section","heading":null,"content":"### Section sec.178\n\ns 178 ins 2001 No. 76 s 23\nom 2024 No. 22 s 75","sortOrder":430},{"sectionNumber":"sec.179","sectionType":"section","heading":null,"content":"### Section sec.179\n\ns 179 ins 2001 No. 76 s 23\nom 2024 No. 22 s 75","sortOrder":431},{"sectionNumber":"sec.180","sectionType":"section","heading":null,"content":"### Section sec.180\n\ns 180 ins 2001 No. 76 s 23\nom 2024 No. 22 s 75","sortOrder":432},{"sectionNumber":"sec.181","sectionType":"section","heading":null,"content":"### Section sec.181\n\ns 181 ins 2001 No. 76 s 23\nom 2024 No. 22 s 75","sortOrder":433},{"sectionNumber":"sec.182","sectionType":"section","heading":null,"content":"### Section sec.182\n\ns 182 ins 2001 No. 76 s 23\nom 2024 No. 22 s 75","sortOrder":434},{"sectionNumber":"sec.183","sectionType":"section","heading":null,"content":"### Section sec.183\n\ns 183 ins 2001 No. 76 s 23\nom 2024 No. 22 s 75","sortOrder":435},{"sectionNumber":"sec.184","sectionType":"section","heading":null,"content":"### Section sec.184\n\ns 184 ins 2001 No. 76 s 23\nom 2024 No. 22 s 75","sortOrder":436},{"sectionNumber":"sec.185","sectionType":"section","heading":null,"content":"### Section sec.185\n\ns 185 ins 2001 No. 76 s 23\nom 2024 No. 22 s 75","sortOrder":437},{"sectionNumber":"sec.186","sectionType":"section","heading":null,"content":"### Section sec.186\n\ns 186 ins 2001 No. 76 s 23\nom 2024 No. 22 s 75","sortOrder":438},{"sectionNumber":"sec.187","sectionType":"section","heading":null,"content":"### Section sec.187\n\ns 187 ins 2001 No. 76 s 23\nom 2024 No. 22 s 75","sortOrder":439},{"sectionNumber":"sec.188","sectionType":"section","heading":null,"content":"### Section sec.188\n\ns 188 ins 2001 No. 76 s 23\nom 2024 No. 22 s 75","sortOrder":440},{"sectionNumber":"ch.5-pt.5-div.4","sectionType":"division","heading":null,"content":"","sortOrder":441},{"sectionNumber":"sec.189","sectionType":"section","heading":null,"content":"### Section sec.189\n\ns 189 orig s 189 ins 2001 No. 76 s 23\nexp 13 November 2002 (see s 189(3))\nprev s 189 ins 2003 No. 91 s 170\nom 2024 No. 22 s 75","sortOrder":442},{"sectionNumber":"ch.5-pt.5-div.5","sectionType":"division","heading":null,"content":"","sortOrder":443},{"sectionNumber":"sec.190","sectionType":"section","heading":null,"content":"### Section sec.190\n\ns 190 ins 2010 No. 37 s 27\nom 2024 No. 22 s 75","sortOrder":444},{"sectionNumber":"sec.191","sectionType":"section","heading":null,"content":"### Section sec.191\n\ns 191 ins 2010 No. 37 s 27\nom 2024 No. 22 s 75","sortOrder":445},{"sectionNumber":"sec.192","sectionType":"section","heading":null,"content":"### Section sec.192\n\ns 192 ins 2010 No. 37 s 27\nom 2024 No. 22 s 75","sortOrder":446},{"sectionNumber":"sec.193","sectionType":"section","heading":null,"content":"### Section sec.193\n\ns 193 ins 2010 No. 37 s 27\nom 2024 No. 22 s 75","sortOrder":447},{"sectionNumber":"ch.5-pt.5-div.6","sectionType":"division","heading":null,"content":"","sortOrder":448},{"sectionNumber":"sec.194","sectionType":"section","heading":null,"content":"### Section sec.194\n\ns 194 ins 2013 No. 28 s 39\nom 2024 No. 22 s 75","sortOrder":449},{"sectionNumber":"sec.195","sectionType":"section","heading":null,"content":"### Section sec.195\n\ns 195 ins 2013 No. 28 s 39\nom 2024 No. 22 s 75","sortOrder":450},{"sectionNumber":"sec.196","sectionType":"section","heading":null,"content":"### Section sec.196\n\ns 196 ins 2013 No. 28 s 39\nom 2024 No. 22 s 75","sortOrder":451},{"sectionNumber":"sec.197","sectionType":"section","heading":null,"content":"### Section sec.197\n\ns 197 ins 2013 No. 28 s 39\nom 2024 No. 22 s 75","sortOrder":452},{"sectionNumber":"sec.198","sectionType":"section","heading":null,"content":"### Section sec.198\n\ns 198 ins 2013 No. 28 s 39\nom 2024 No. 22 s 75","sortOrder":453},{"sectionNumber":"sec.199","sectionType":"section","heading":null,"content":"### Section sec.199\n\ns 199 ins 2013 No. 28 s 39\nom 2024 No. 22 s 75","sortOrder":454},{"sectionNumber":"ch.5-pt.5-div.7","sectionType":"division","heading":null,"content":"","sortOrder":455},{"sectionNumber":"sec.200","sectionType":"section","heading":null,"content":"### Section sec.200\n\ns 200 ins 2014 No. 17 s 102\nom 2024 No. 22 s 75","sortOrder":456},{"sectionNumber":"sec.201","sectionType":"section","heading":null,"content":"### Section sec.201\n\ns 201 ins 2014 No. 17 s 102\nom 2024 No. 22 s 75","sortOrder":457},{"sectionNumber":"sec.202","sectionType":"section","heading":null,"content":"### Section sec.202\n\ns 202 ins 2014 No. 17 s 102\nom 2024 No. 22 s 75","sortOrder":458},{"sectionNumber":"sec.203","sectionType":"section","heading":null,"content":"### Section sec.203\n\ns 203 ins 2014 No. 17 s 102\nom 2024 No. 22 s 75","sortOrder":459},{"sectionNumber":"sec.204","sectionType":"section","heading":null,"content":"### Section sec.204\n\ns 204 ins 2014 No. 17 s 102\nom 2024 No. 22 s 75","sortOrder":460},{"sectionNumber":"ch.5-pt.5-div.8","sectionType":"division","heading":null,"content":"","sortOrder":461},{"sectionNumber":"ch.5-pt.5-div.9","sectionType":"division","heading":null,"content":"","sortOrder":462},{"sectionNumber":"ch.5-pt.5-div.10","sectionType":"division","heading":null,"content":"","sortOrder":463},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Transitional provisions for Crime and Corruption and Other Legislation Amendment Act 2018","content":"# Transitional provisions for Crime and Corruption and Other Legislation Amendment Act 2018","sortOrder":464},{"sectionNumber":"sec.205","sectionType":"section","heading":"Disciplinary action against a fire service officer who was a relevant commission officer","content":"### sec.205 Disciplinary action against a fire service officer who was a relevant commission officer\n\nThis section applies to a person who is a fire service officer and was a relevant commission officer.\nThe person may be disciplined under chapter 3, part 4, division 3, subdivision 2 in relation to a relevant disciplinary ground arising when the person was a relevant commission officer only if the ground arose after the commencement.\nHowever, if the relevant disciplinary ground arising after the commencement relates to conduct that is a part of a course of conduct that also includes conduct giving rise to a relevant disciplinary ground arising before the commencement, the person may be disciplined under chapter 3, part 4, division 3, subdivision 2 in relation to all of the grounds as if they all arose after the commencement.\nSubsection (3) does not apply in relation to a relevant disciplinary ground arising before the commencement if disciplinary action has been, or is being, taken in relation to the ground under this Act or a relevant disciplinary law for the person within the meaning of section 29D(3).\nIn this section—\nrelevant commission officer see the Crime and Corruption Act 2001 , section 273A.\ns 205 prev s 205 ins 2014 No. 17 s 102\nexp 21 May 2015 (see s 205(4))\npres s 205 ins 2018 No. 29 s 74\n(sec.205-ssec.1) This section applies to a person who is a fire service officer and was a relevant commission officer.\n(sec.205-ssec.2) The person may be disciplined under chapter 3, part 4, division 3, subdivision 2 in relation to a relevant disciplinary ground arising when the person was a relevant commission officer only if the ground arose after the commencement.\n(sec.205-ssec.3) However, if the relevant disciplinary ground arising after the commencement relates to conduct that is a part of a course of conduct that also includes conduct giving rise to a relevant disciplinary ground arising before the commencement, the person may be disciplined under chapter 3, part 4, division 3, subdivision 2 in relation to all of the grounds as if they all arose after the commencement.\n(sec.205-ssec.4) Subsection (3) does not apply in relation to a relevant disciplinary ground arising before the commencement if disciplinary action has been, or is being, taken in relation to the ground under this Act or a relevant disciplinary law for the person within the meaning of section 29D(3).\n(sec.205-ssec.5) In this section— relevant commission officer see the Crime and Corruption Act 2001 , section 273A.","sortOrder":465},{"sectionNumber":"sec.206","sectionType":"section","heading":"Sharing disciplinary information","content":"### sec.206 Sharing disciplinary information\n\nSections 30I and 30J apply in relation to a request for information made by or to the chief executive officer under the Crime and Corruption Act 2001 only if the request is made after the commencement.\ns 206 ins 2018 No. 29 s 74","sortOrder":466},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Transitional provisions for Police Service Administration and Other Legislation Amendment Act 2023","content":"# Transitional provisions for Police Service Administration and Other Legislation Amendment Act 2023","sortOrder":467},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Amendments commencing on assent","content":"## Amendments commencing on assent","sortOrder":468},{"sectionNumber":"sec.207","sectionType":"section","heading":"Local fire bans imposed before commencement","content":"### sec.207 Local fire bans imposed before commencement\n\nA local fire ban in force immediately before the commencement continues in force until the earlier of the following happens—\nthe period of the ban stated in the notice imposing the ban under former section 86B ends;\nthe ban is cancelled.\nThe local fire ban may be cancelled under new section 86C and new section 86D(2) and (3) apply in relation to the cancellation.\nIn this section—\nformer section 86B means section 86B as in force from time to time before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 207 ins 2023 No. 7 s 18\n(sec.207-ssec.1) A local fire ban in force immediately before the commencement continues in force until the earlier of the following happens— the period of the ban stated in the notice imposing the ban under former section 86B ends; the ban is cancelled.\n(sec.207-ssec.2) The local fire ban may be cancelled under new section 86C and new section 86D(2) and (3) apply in relation to the cancellation.\n(sec.207-ssec.3) In this section— former section 86B means section 86B as in force from time to time before the commencement. new , for a provision of this Act, means the provision as in force from the commencement.\n- (a) the period of the ban stated in the notice imposing the ban under former section 86B ends;\n- (b) the ban is cancelled.","sortOrder":469},{"sectionNumber":"sec.208","sectionType":"section","heading":"Declarations notified before commencement","content":"### sec.208 Declarations notified before commencement\n\nNew section 88 applies to an amendment or revocation of a declaration of a state of fire emergency in force immediately before the commencement.\nIn this section—\nnew section 88 means section 88 as in force from the commencement.\ns 208 ins 2023 No. 7 s 18\n(sec.208-ssec.1) New section 88 applies to an amendment or revocation of a declaration of a state of fire emergency in force immediately before the commencement.\n(sec.208-ssec.2) In this section— new section 88 means section 88 as in force from the commencement.","sortOrder":470},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Amendments commencing by proclamation","content":"## Amendments commencing by proclamation","sortOrder":471},{"sectionNumber":"sec.209","sectionType":"section","heading":"Permits granted before commencement","content":"### sec.209 Permits granted before commencement\n\nSection 71(2)(c)(i) applies to a permit granted under section 65 and in effect immediately before the commencement.\ns 209 ins 2022 No. 7 s 24","sortOrder":472},{"sectionNumber":"sec.210","sectionType":"section","heading":"Disclosure etc. of information acquired before commencement","content":"### sec.210 Disclosure etc. of information acquired before commencement\n\nSection 153A(4) applies to the disclosure by a person of information acquired by the person before the commencement.\ns 210 ins 2022 No. 7 s 24","sortOrder":473},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Transitional provisions for Public Sector Act 2022","content":"# Transitional provisions for Public Sector Act 2022","sortOrder":474},{"sectionNumber":"sec.211","sectionType":"section","heading":"Definition for part","content":"### sec.211 Definition for part\n\nIn this part—\nformer , for a provision of this Act, means the provision as in force immediately before the commencement.\ns 211 ins 2022 No. 34 s 349\namd 2024 No. 22 s 80","sortOrder":475},{"sectionNumber":"sec.212","sectionType":"section","heading":"Words have meanings given by former provision","content":"### sec.212 Words have meanings given by former provision\n\nWords defined under a former provision of this Act immediately before its repeal and used in this part have the same meanings as they had under the former provision.\ns 212 ins 2022 No. 34 s 349\namd 2024 No. 22 s 80","sortOrder":476},{"sectionNumber":"sec.213","sectionType":"section","heading":"Existing disciplinary action","content":"### sec.213 Existing disciplinary action\n\nThis section applies if—\nbefore the commencement, the commissioner started to take disciplinary action against a fire service officer or former fire service officer under former chapter 3, part 4, division 3; and\nimmediately before the commencement, the disciplinary action had not been completed.\nFrom the commencement, the disciplinary action continues under the Public Sector Act 2022 .\ns 213 ins 2022 No. 34 s 349\n(sec.213-ssec.1) This section applies if— before the commencement, the commissioner started to take disciplinary action against a fire service officer or former fire service officer under former chapter 3, part 4, division 3; and immediately before the commencement, the disciplinary action had not been completed.\n(sec.213-ssec.2) From the commencement, the disciplinary action continues under the Public Sector Act 2022 .\n- (a) before the commencement, the commissioner started to take disciplinary action against a fire service officer or former fire service officer under former chapter 3, part 4, division 3; and\n- (b) immediately before the commencement, the disciplinary action had not been completed.","sortOrder":477},{"sectionNumber":"sec.214","sectionType":"section","heading":"Existing disciplinary finding","content":"### sec.214 Existing disciplinary finding\n\nThis section applies if—\nbefore the commencement, the commissioner made a disciplinary finding against a fire service officer or former fire service officer under former chapter 3, part 4, division 3; and\nimmediately before the commencement, any disciplinary action in relation to the disciplinary finding had not been completed.\nFrom the commencement, the disciplinary finding is taken to be a disciplinary finding under the Public Sector Act 2022 .\ns 214 ins 2022 No. 34 s 349\n(sec.214-ssec.1) This section applies if— before the commencement, the commissioner made a disciplinary finding against a fire service officer or former fire service officer under former chapter 3, part 4, division 3; and immediately before the commencement, any disciplinary action in relation to the disciplinary finding had not been completed.\n(sec.214-ssec.2) From the commencement, the disciplinary finding is taken to be a disciplinary finding under the Public Sector Act 2022 .\n- (a) before the commencement, the commissioner made a disciplinary finding against a fire service officer or former fire service officer under former chapter 3, part 4, division 3; and\n- (b) immediately before the commencement, any disciplinary action in relation to the disciplinary finding had not been completed.","sortOrder":478},{"sectionNumber":"sec.215","sectionType":"section","heading":"Disciplinary ground arising before commencement","content":"### sec.215 Disciplinary ground arising before commencement\n\nThe Public Sector Act 2022 , chapter 3, part 8, division 3 applies in relation to a disciplinary ground whether the disciplinary ground arises before or after the commencement.\ns 215 ins 2022 No. 34 s 349","sortOrder":479},{"sectionNumber":"sec.216","sectionType":"section","heading":"Existing requirement to disclose previous history of serious disciplinary action","content":"### sec.216 Existing requirement to disclose previous history of serious disciplinary action\n\nThis section applies if, before the commencement—\nthe commissioner proposed to employ or second a person; and\nthe commissioner required the person, under former section 25B or 25C, to disclose to the commissioner particulars of any serious disciplinary action taken against the person; and\nthe commissioner had not decided whether to employ or second the person.\nFrom the commencement—\nformer section 25B or 25C, as in force immediately before the commencement, continues to apply in relation to the requirement despite the repeal of that section by the Public Sector Act 2022 ; and\nthe commissioner may use the information disclosed under the requirement in making an assessment about the person’s suitability for the employment or secondment.\ns 216 ins 2022 No. 34 s 349\n(sec.216-ssec.1) This section applies if, before the commencement— the commissioner proposed to employ or second a person; and the commissioner required the person, under former section 25B or 25C, to disclose to the commissioner particulars of any serious disciplinary action taken against the person; and the commissioner had not decided whether to employ or second the person.\n(sec.216-ssec.2) From the commencement— former section 25B or 25C, as in force immediately before the commencement, continues to apply in relation to the requirement despite the repeal of that section by the Public Sector Act 2022 ; and the commissioner may use the information disclosed under the requirement in making an assessment about the person’s suitability for the employment or secondment.\n- (a) the commissioner proposed to employ or second a person; and\n- (b) the commissioner required the person, under former section 25B or 25C, to disclose to the commissioner particulars of any serious disciplinary action taken against the person; and\n- (c) the commissioner had not decided whether to employ or second the person.\n- (a) former section 25B or 25C, as in force immediately before the commencement, continues to apply in relation to the requirement despite the repeal of that section by the Public Sector Act 2022 ; and\n- (b) the commissioner may use the information disclosed under the requirement in making an assessment about the person’s suitability for the employment or secondment.","sortOrder":480},{"sectionNumber":"sec.217","sectionType":"section","heading":"Disciplinary information obtained before commencement","content":"### sec.217 Disciplinary information obtained before commencement\n\nThis section applies if, before the commencement, the commissioner obtained disciplinary information about a person under former chapter 3, part 4, division 3, subdivision 4.\nFrom the commencement, the disciplinary information is taken to be information obtained under the Public Sector Act 2022 , section 97.\ns 217 ins 2022 No. 34 s 349\n(sec.217-ssec.1) This section applies if, before the commencement, the commissioner obtained disciplinary information about a person under former chapter 3, part 4, division 3, subdivision 4.\n(sec.217-ssec.2) From the commencement, the disciplinary information is taken to be information obtained under the Public Sector Act 2022 , section 97.","sortOrder":481},{"sectionNumber":"sec.218","sectionType":"section","heading":"Existing suspensions","content":"### sec.218 Existing suspensions\n\nThis section applies to a fire service officer who, immediately before the commencement, was subject to a suspension imposed under former section 32.\nFrom the commencement, the suspension continues under the Public Sector Act 2022 on the same terms that applied to the fire service officer immediately before the commencement.\ns 218 ins 2022 No. 34 s 349\n(sec.218-ssec.1) This section applies to a fire service officer who, immediately before the commencement, was subject to a suspension imposed under former section 32.\n(sec.218-ssec.2) From the commencement, the suspension continues under the Public Sector Act 2022 on the same terms that applied to the fire service officer immediately before the commencement.","sortOrder":482},{"sectionNumber":"sec.219","sectionType":"section","heading":"Reason for suspension arising before commencement","content":"### sec.219 Reason for suspension arising before commencement\n\nA suspension may be imposed on a fire service officer under the Public Sector Act 2022 after the commencement whether the reason for the suspension arises before or after the commencement.\ns 219 ins 2022 No. 34 s 349","sortOrder":483},{"sectionNumber":"sec.220","sectionType":"section","heading":"Existing requirement to attend medical examination","content":"### sec.220 Existing requirement to attend medical examination\n\nThis section applies if, before the commencement, the commissioner formed a suspicion mentioned in former section 28(2) and was required to obtain medical opinion on a fire service officer’s condition.\nFormer section 28 continues to apply in relation to the commissioner and the fire service officer despite the commencement of the Public Sector Act 2022 .\ns 220 ins 2022 No. 34 s 349\n(sec.220-ssec.1) This section applies if, before the commencement, the commissioner formed a suspicion mentioned in former section 28(2) and was required to obtain medical opinion on a fire service officer’s condition.\n(sec.220-ssec.2) Former section 28 continues to apply in relation to the commissioner and the fire service officer despite the commencement of the Public Sector Act 2022 .","sortOrder":484},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Transitional provisions for Disaster Management and Other Legislation Amendment Act 2024","content":"# Transitional provisions for Disaster Management and Other Legislation Amendment Act 2024","sortOrder":485},{"sectionNumber":"sec.221","sectionType":"section","heading":"Definitions for part","content":"### sec.221 Definitions for part\n\nIn this part—\namending Act means the Disaster Management and Other Legislation Amendment Act 2024 .\nprevious , in relation to a provision of this Act, means the provision as in force immediately before the commencement.\ns 221 ins 2024 No. 22 s 81","sortOrder":486},{"sectionNumber":"sec.222","sectionType":"section","heading":"Eligibility requirements for existing commissioner","content":"### sec.222 Eligibility requirements for existing commissioner\n\nPrevious section 5 continues to apply to the existing commissioner, while the existing commissioner remains in office, as if this Act had not been amended by the amending Act.\nIn this section—\nexisting commissioner means the person who was in office as the commissioner immediately before the commencement.\ns 222 ins 2024 No. 22 s 81\n(sec.222-ssec.1) Previous section 5 continues to apply to the existing commissioner, while the existing commissioner remains in office, as if this Act had not been amended by the amending Act.\n(sec.222-ssec.2) In this section— existing commissioner means the person who was in office as the commissioner immediately before the commencement.","sortOrder":487},{"sectionNumber":"sec.223","sectionType":"section","heading":"Deputy commissioner","content":"### sec.223 Deputy commissioner\n\nThis section applies to the person appointed as the deputy commissioner if the person was employed in an equivalent role under this Act immediately before the commencement on a contract of employment (the current contract of employment ).\nThe person continues to be employed under this Act on the same terms of appointment that applied to the person immediately before the commencement.\nSection 7K(2) does not apply to the person until the person’s current contract of employment ends.\ns 223 ins 2024 No. 22 s 81\n(sec.223-ssec.1) This section applies to the person appointed as the deputy commissioner if the person was employed in an equivalent role under this Act immediately before the commencement on a contract of employment (the current contract of employment ).\n(sec.223-ssec.2) The person continues to be employed under this Act on the same terms of appointment that applied to the person immediately before the commencement.\n(sec.223-ssec.3) Section 7K(2) does not apply to the person until the person’s current contract of employment ends.","sortOrder":488},{"sectionNumber":"sec.224","sectionType":"section","heading":"Chief officer","content":"### sec.224 Chief officer\n\nThis section applies to the person appointed as the chief officer if the person was employed in an equivalent role under this Act immediately before the commencement on a contract of employment (the current contract of employment ).\nThe person continues to be employed under this Act on the same terms of appointment that applied to the person immediately before the commencement.\nSection 7Q(2) does not apply to the person until the person’s current contract of employment ends.\ns 224 ins 2024 No. 22 s 81\n(sec.224-ssec.1) This section applies to the person appointed as the chief officer if the person was employed in an equivalent role under this Act immediately before the commencement on a contract of employment (the current contract of employment ).\n(sec.224-ssec.2) The person continues to be employed under this Act on the same terms of appointment that applied to the person immediately before the commencement.\n(sec.224-ssec.3) Section 7Q(2) does not apply to the person until the person’s current contract of employment ends.","sortOrder":489},{"sectionNumber":"sec.225","sectionType":"section","heading":"Continued application of previous s 25 in particular circumstances","content":"### sec.225 Continued application of previous s 25 in particular circumstances\n\nThis section applies to a person employed under this Act immediately before the commencement in a role equivalent to that of a senior executive under the Public Sector Act 2022 , section 188.\nPrevious section 25 continues to apply to the person while the person is employed in that role under the person’s contract of employment in effect on the commencement as if this Act had not been amended by the amending Act.\ns 225 ins 2024 No. 22 s 81\n(sec.225-ssec.1) This section applies to a person employed under this Act immediately before the commencement in a role equivalent to that of a senior executive under the Public Sector Act 2022 , section 188.\n(sec.225-ssec.2) Previous section 25 continues to apply to the person while the person is employed in that role under the person’s contract of employment in effect on the commencement as if this Act had not been amended by the amending Act.","sortOrder":490},{"sectionNumber":"sec.226","sectionType":"section","heading":"Existing chief fire wardens and fire wardens","content":"### sec.226 Existing chief fire wardens and fire wardens\n\nThis section applies to a person who holds office as a chief fire warden or fire warden immediately before the commencement.\nThe person continues to hold office as chief fire warden or fire warden for the term and on the conditions stated in the person’s instrument of appointment.\nSubsection (2) does not affect the power of the commissioner under this Act to change the person’s term or conditions of appointment.\nIf the commissioner changes the person’s term or conditions of appointment by amending the person’s instrument of appointment, section 131(3) applies to the person as if a reference in section 131(3) to the instrument of appointment were a reference to the amended instrument of appointment.\ns 226 ins 2024 No. 22 s 81\n(sec.226-ssec.1) This section applies to a person who holds office as a chief fire warden or fire warden immediately before the commencement.\n(sec.226-ssec.2) The person continues to hold office as chief fire warden or fire warden for the term and on the conditions stated in the person’s instrument of appointment.\n(sec.226-ssec.3) Subsection (2) does not affect the power of the commissioner under this Act to change the person’s term or conditions of appointment.\n(sec.226-ssec.4) If the commissioner changes the person’s term or conditions of appointment by amending the person’s instrument of appointment, section 131(3) applies to the person as if a reference in section 131(3) to the instrument of appointment were a reference to the amended instrument of appointment.","sortOrder":491},{"sectionNumber":"sec.227","sectionType":"section","heading":"Existing rural fire brigades","content":"### sec.227 Existing rural fire brigades\n\nA rural fire brigade in existence immediately before the commencement continues as a rural fire brigade and is a part of RFSQ.\ns 227 ins 2024 No. 22 s 81","sortOrder":492},{"sectionNumber":"sec.228","sectionType":"section","heading":"Existing members of rural fire brigades","content":"### sec.228 Existing members of rural fire brigades\n\nThis section applies to a person who was a member of a rural fire brigade immediately before the commencement.\nOn the commencement, the person is taken to have been appointed under section 136 as a member of the rural fire brigade.\ns 228 ins 2024 No. 22 s 81\n(sec.228-ssec.1) This section applies to a person who was a member of a rural fire brigade immediately before the commencement.\n(sec.228-ssec.2) On the commencement, the person is taken to have been appointed under section 136 as a member of the rural fire brigade.","sortOrder":493},{"sectionNumber":"sec.229","sectionType":"section","heading":"Existing rules for rural fire brigades","content":"### sec.229 Existing rules for rural fire brigades\n\nThis section applies if a rural fire brigade has made rules under previous section 80.\nThe rules continue to have effect until the first of the following happens—\nthe rural fire brigade adopts the model rules;\nthe rural fire brigade amends the model rules to add any additional rules under section 137(3);\nthe day that is 6 months after the commencement.\nIf the rural fire brigade fails to adopt or amend the model rules by the day that is 6 months after the commencement, the brigade is taken to have adopted the model rules on that day.\ns 229 ins 2024 No. 22 s 81\n(sec.229-ssec.1) This section applies if a rural fire brigade has made rules under previous section 80.\n(sec.229-ssec.2) The rules continue to have effect until the first of the following happens— the rural fire brigade adopts the model rules; the rural fire brigade amends the model rules to add any additional rules under section 137(3); the day that is 6 months after the commencement.\n(sec.229-ssec.3) If the rural fire brigade fails to adopt or amend the model rules by the day that is 6 months after the commencement, the brigade is taken to have adopted the model rules on that day.\n- (a) the rural fire brigade adopts the model rules;\n- (b) the rural fire brigade amends the model rules to add any additional rules under section 137(3);\n- (c) the day that is 6 months after the commencement.","sortOrder":494},{"sectionNumber":"sec.230","sectionType":"section","heading":"Particular elected officers of rural fire brigade continue in office","content":"### sec.230 Particular elected officers of rural fire brigade continue in office\n\nThis section applies if a rural fire brigade elected an officer under previous section 81(2) to be the chairperson, secretary or treasurer of the brigade (however the office is called) and the officer holds the office immediately before the commencement.\nOn the commencement, the person is taken to have been elected under section 138(3) to hold the equivalent office for the rural fire brigade.\ns 230 ins 2024 No. 22 s 81\n(sec.230-ssec.1) This section applies if a rural fire brigade elected an officer under previous section 81(2) to be the chairperson, secretary or treasurer of the brigade (however the office is called) and the officer holds the office immediately before the commencement.\n(sec.230-ssec.2) On the commencement, the person is taken to have been elected under section 138(3) to hold the equivalent office for the rural fire brigade.","sortOrder":495},{"sectionNumber":"sec.231","sectionType":"section","heading":"Delayed commencement in relation to prohibition on particular use of restricted expressions","content":"### sec.231 Delayed commencement in relation to prohibition on particular use of restricted expressions\n\nOn the commencement, section 150H(1)(a) does not apply to the use of a restricted expression mentioned in subsection (3) of that section.\nHowever, section 150H(1)(a) starts applying to the use of a restricted expression on the day that is 1 year after the commencement.\nIn this section—\nrestricted expression see section 150H(3).\ns 231 ins 2024 No. 22 s 81\n(sec.231-ssec.1) On the commencement, section 150H(1)(a) does not apply to the use of a restricted expression mentioned in subsection (3) of that section.\n(sec.231-ssec.2) However, section 150H(1)(a) starts applying to the use of a restricted expression on the day that is 1 year after the commencement.\n(sec.231-ssec.3) In this section— restricted expression see section 150H(3).","sortOrder":496},{"sectionNumber":"sec.232","sectionType":"section","heading":"Continued application of applicable transitional provisions","content":"### sec.232 Continued application of applicable transitional provisions\n\nAn applicable transitional provision continues to apply despite its repeal by the amending Act.\nThis section does not limit the Acts Interpretation Act 1954 , section 20.\nIn this section—\napplicable transitional provision means any of the following provisions—\nprevious section 155;\nprevious section 159;\nprevious section 172;\nprevious section 177;\nprevious section 202.\ns 232 ins 2024 No. 22 s 81\n(sec.232-ssec.1) An applicable transitional provision continues to apply despite its repeal by the amending Act.\n(sec.232-ssec.2) This section does not limit the Acts Interpretation Act 1954 , section 20.\n(sec.232-ssec.3) In this section— applicable transitional provision means any of the following provisions— previous section 155; previous section 159; previous section 172; previous section 177; previous section 202.\n- (a) previous section 155;\n- (b) previous section 159;\n- (c) previous section 172;\n- (d) previous section 177;\n- (e) previous section 202.","sortOrder":497},{"sectionNumber":"sec.233","sectionType":"section","heading":"References to former QFES","content":"### sec.233 References to former QFES\n\nA reference in an Act or a document to QFES, whether it is referred to as QFES or Queensland Fire and Emergency Services, may, if the context permits, be taken to be a reference to QFR, RFSQ or the fire services.\ns 233 ins 2024 No. 22 s 81","sortOrder":498}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act as currently drafted extends well beyond a narrowly operational firefighting statute. It has grown into a hybrid regulatory, operational and financial code: (1) regulatory: extensive building fire‑safety regulation (maintenance duties, fire safety management plans, occupancy limits and counting systems, certificates of compliance — secs 146L–146M, 147–147V); (2) operational centralisation: broad discretionary powers and command vested in the Commissioner (secs 7A, 7AA, 145T, 145X); (3) financial architecture: a dedicated Emergency Management Fund and a statutory levy and collection system administered via local governments (secs 152F–152X); (4) preventive controls: permit/notice regimes and criminal sanctions for fire lighting and related conduct (secs 145–145J). These additions materially enlarge the State’s regulatory reach into property management, hospitality/licensed premises operations, landlord‑tenant relations (smoke alarm duties), and local government finance — functions that were not the narrow, original core of a firefighting body. The expansion is implemented by administrative instruments and delegated powers (codes, notices, regulations), concentrating decision-making and compliance obligations in the executive and on property owners (sections cited above)."},"complexity_factors":["Very large number of sections and Parts covering operational, regulatory, financial and enforcement regimes","Multiple senior appointments with bespoke eligibility and employment regimes (secs 5, 7C, 7K, 7Q, 25)","Extensive cross-references to other legislation (Public Sector Act 2022, Building Act 1975, QCAT Act, Transport Acts, Personal Property Securities Act, etc.)","Broad executive discretion (Commissioner may direct, publish codes, issue notices, declare emergencies) with limited bright‑line constraints (secs 7A, 7AA, 7B, 145T, 145X)","Nested conditional rules and exceptions (e.g. entry powers that differ for dwellings, budget accommodation, and emergencies — sec 149K and related exceptions)","Multiple governance channels for review and appeal (QCAT, Commissioner determinations, court orders) with different timelines (secs 148Q–148S, 147, 151)","Complex funding and levy mechanism linking regulations, local government returns, collection, refunds and state payments (secs 152F–152X)","Layered offence structure with variable maximum penalties depending on state of fire emergency, and executive liability for corporate officers (secs 145J, 150B, 150J)","Phased and expiring provisions (smoke alarm rules with expiry/transitional dates), creating temporal complexity (secs 147W, 147Y, 147Z, 148A, 148N)","Many defined terms and specialised duties (fire safety management plans, prescribed fire safety installations, monitored systems, prescribed property) scattered across Parts"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Creates and runs the State's organised fire services. It establishes two statutory fire services — Queensland Fire and Rescue (QFR) and Rural Fire Service Queensland (RFSQ) — and sets out who runs them, who works for them and what they may do (see secs 8, 8A, 7A, 7C, 7K, 7Q).  \n\n- Gives the Commissioner broad management and operational powers. The Commissioner is appointed by the Governor in Council on ministerial recommendation and is responsible for organising the services, deciding structure, resources, deployment, qualifications, training and reporting to the Minister (secs 5, 6, 7A). The Commissioner can issue directions to the chief fire officer, fire officers and rural brigade members and may publish codes of practice (secs 7AA, 7B).  \n\n- Establishes operational command and incident powers. Authorised fire officers and designated brigade officers (first officer / person in charge) have statutory powers at incidents including entering premises, directing people, moving or destroying material as needed to protect life/property/environment, and requisitioning resources in an emergency (secs 140–141, 149I, 145X). Investigation officers have inspection and evidence-gathering powers (secs 149K, 149M–149V, 149ZH–149ZL).  \n\n- Regulates lighting and control of fires. The Act sets criminal and civil controls over lighting fires, creates permit and notification systems, allows the Commissioner to prohibit lighting on particular land or impose local fire bans, and creates offences and higher penalties during declared fire emergencies (secs 144–146, 145, 145A–145J, 145M–145R, 145T–145Y).  \n\n- Requires planning and safety measures for hazardous goods and buildings. The Commissioner can require off‑site emergency plans where dangerous goods are present and approve or require amendments to those plans (secs 146A–146I). For buildings, the Act imposes occupier duties: keep escape routes clear, maintain prescribed fire safety installations, keep and follow fire and evacuation plans, and — for some licensed buildings — comply with occupancy limits, counting systems and signage (secs 146L–146V, 147–147V).  \n\n- Sets compulsory smoke‑alarm rules for domestic dwellings, caravans and some vehicles, and assigns testing, cleaning and battery‑replacement duties between lessor and tenant (secs 147W–148O). Some smoke‑alarm rules are phased, with transitional expiry dates stated in the Act.  \n\n- Allows charging and cost recovery. The Act allows the Commissioner or regulations to fix charges for services (attending incidents, false alarms, prescribed services). It identifies who is liable (person who caused the incident, property owner, ship master in marine cases) and gives the Commissioner power to waive or reduce charges (secs 148X–149G).  \n\n- Establishes finance and levy arrangements. The Emergency Management Fund is created to pay for the services (sec 152F). The Act provides a levy regime: regulations define categories and rates, local governments identify prescribed properties and issue levy notices, collect contributions and pass most of the money to the department for the Fund (secs 152G–152X). Local governments may keep an administration fee and may impose special rates to support rural brigades (secs 152R, 152ZD). Appeals and refunds are available through the Commissioner (sec 152N).  \n\n- Provides offences, enforcement and appeal routes. The Act lists criminal offences (e.g. unauthorised fire lighting, false calls, interference with firefighting apparatus, obstructing officers), gives authorised officers powers to investigate, seize and secure evidence, and provides appeal or review processes (chapters 4–5, secs 150–151H, 149K–149V, 148Q–148S).  \n\nWhy it matters (official purpose and tested mechanics)\n\n- Official description: the Act organises and funds firefighting and hazardous‑materials response, gives operational powers to manage incidents, sets prevention and building safety obligations, and creates funding arrangements to underwrite those services. The Commissioner and senior officers run the system and may issue directions and codes to ensure coordinated action (secs 7A, 8B, 146B, 152F).  \n\n- Who pays and how money flows: owners of ‘prescribed property’ contribute under a statutory levy collected by local governments and paid into the Emergency Management Fund (secs 152E–152S). Users who cause incidents or request unnecessary attendance can be charged (secs 148X–149G). Local governments may levy additional or special charges and keep an administration fee (secs 152R, 152ZD).  \n\n- Who decides and where discretion lies: the Commissioner has wide discretion — appointing senior officers, issuing directions and codes, declaring fire emergencies, requisitioning resources and setting some charges (secs 5, 7A, 7AA, 7B, 145T, 145X, 148Y). Local governments decide levy notices and collection mechanics (secs 152M, 152J). Many functions depend on delegated decisions and regulatory instruments (secs 153, 154E).  \n\nPractical trade‑offs, costs and incentives (mechanisms, not judgments)\n\n- Compliance costs: owners and occupiers face new or ongoing administrative and capital costs (fire safety installations, fire safety management plans, smoke alarms, occupancy counting systems for licensed venues) and potential penalties for non‑compliance (secs 146M–146O, 147O–147U, 147O–147Q, 147O, 147S, 147O). These rules constrain how buildings are used and may require retrofits or professional services (inspection, certification).  \n\n- Concentrated vs diffuse payments: the levy targets owners of prescribed property (a concentrated group) to fund broadly shared emergency services (a diffuse public good). Local governments administer collection and keep a portion as an admin fee (secs 152H, 152R). That design concentrates collection effort on owners while dispersing benefits state‑wide.  \n\n- Bureaucratic discretion and compliance risk: the Commissioner’s broad powers (directions, requisitions, codes, emergency declarations) permit rapid operational command but also centralise discretionary decision‑making. The Act builds in appeal and review paths (QCAT review of certain notices, commissioner appeal roles) but many operational decisions (e.g. prohibiting sales of certain articles, prescribing codes) rest with administrative instruments (secs 7AA, 7B, 145H, 145I, 148Q–148S).  \n\n- Incentives for local government: local governments collect levies and may retain administrative fees. That creates an incentive to identify and bill prescribed properties efficiently; it also creates a modest revenue interest in collection (secs 152Q–152R).  \n\n- Liability and cost‑recovery: the Act ties costs to behaviour — persons who cause incidents and certain property owners can be required to pay recovery charges; the Commissioner may also waive charges in appropriate circumstances (secs 148Y–149G). This creates both deterrent and recovery incentives.  \n\n- Effects on business and operations: licensed venues can be served with occupancy notices and required to install counting and safety systems; small hospitality and accommodation providers are directly affected by fire safety management plan obligations, smoke alarm rules and possible occupancy limits (secs 147D–147O, 146Q–146R, 147Z). Those measures reduce managerial discretion over occupancy and can raise operating costs.  \n\n- Implementation risks and administrative burden: many provisions depend on regulations (rates, categories, smoke alarm locations, penalty levels) and on local governments and the Commissioner coordinating data and notices (secs 152I, 148P, 145I). The levy system requires accurate property data from local governments and an appeal mechanism administered by the Commissioner (secs 152J–152N). Execution depends on resourcing and IT/process capability.  \n\nRights and safeguards\n\n- The Act creates appeal and review rights (QCAT review of certain notices and occupancy determinations) and sets evidentiary aids for proceedings (secs 148Q–148S, 151I–151K). It also limits some powers (e.g. entry to dwellings without consent is restricted except after fire or in certain building types) and preserves defences (reasonable precautions, reasonable excuses) in enforcement contexts (secs 149K(2), 146W, 149ZL).  \n\nBottom line (short): The Act is a comprehensive statutory framework that (a) centralises operational command in a Commissioner and named senior officers, (b) gives those officers wide emergency and entry powers, (c) places duties on property owners and occupiers to maintain fire safety (with certification, planning and inspection regimes), and (d) funds fire services through a mixture of state appropriations, a levy on prescribed properties collected via local governments and targeted charges for particular services and incidents. These mechanics reallocate costs toward property owners and incident causers, increase regulatory compliance duties for occupiers and businesses, and give substantial discretion to the Commissioner and delegated officers (see secs cited above)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has significantly expanded from its original 1990 scope. It began as a framework for a single fire commissioner and fire service. Over time — particularly through 2001, 2014, and 2024 amendments — it was restructured to create two distinct fire services (QFR and RFSQ), introduce an entirely new Chief Fire Officer role, a Deputy Commissioner, and a Chief Officer, establish a formal RFSQ advisory committee, and substantially expand the functions of rural fire brigades to include disaster resilience and community assistance activities beyond traditional firefighting. The 2024 amendments (No. 22) were especially transformative, inserting large new divisions covering the chief fire officer, deputy commissioner and chief officer roles that did not previously exist."},"complexity_factors":["Multiple layers of command hierarchy (Commissioner, Chief Fire Officer, Deputy Commissioner, Chief Officer, fire wardens, rural brigade officers) with distinct but overlapping functions","Two separate fire services (QFR and RFSQ) with different membership rules, functions and leadership structures operating under one Commissioner","Extensive legislative history — the Act dates from 1990 and has been amended repeatedly (1995, 1996, 1997, 1998, 2001, 2002, 2003, 2006, 2008, 2009, 2010, 2014, 2016, 2018, 2022, 2024, 2025), with many sections renumbered, relocated, omitted or substituted","Cross-references to multiple other Acts including the Public Sector Act 2022, Acts Interpretation Act 1954, Forestry Act 1959, and industrial instruments","Staffing and employment provisions interact with public service law, industrial instruments and directives in layered and sometimes conflicting ways","Warrant and search powers creating quasi-criminal enforcement mechanisms within an administrative statute","Preservation of public service rights provisions for appointees require understanding of public service entitlements law","Rural fire brigade governance (elections, rules, officer appointments, equipment ownership) adds a quasi-corporate governance layer"],"plain_english_summary":"The Act establishes Queensland’s fire services framework: a Governor‑appointed Commissioner (with firefighting experience) oversees two services — Queensland Fire and Rescue (urban) and Rural Fire Service Queensland (rural/bushfire) — setting rules, powers and equipment control. \n\nIt governs who can serve (including volunteer rural brigades), their duties (firefighting, rescue, prevention, investigation), employment and retirement rules, appeals on fire‑warden decisions, and allows interstate firefighters to operate where fires may cross borders."},"kimi_summary":{"_metrics":{"completionTokens":670},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1990 focus on establishing a fire service. Major expansions include: comprehensive building fire safety regulation (Part 4), smoke alarm mandates for domestic dwellings and caravans, occupancy limits for licensed premises, off-site emergency plans for dangerous goods, and detailed emergency powers. The 2024 amendments (No. 22) substantially restructured leadership roles and added new divisions, indicating continued scope creep beyond core firefighting operations into broader public safety and regulatory domains."},"complexity_factors":["Extensive cross-referencing between sections and other Acts (Building Act 1975, Public Sector Act 2022, QCAT Act, etc.)","Multiple overlapping leadership structures with specific appointment qualifications","Complex conditional logic for fire bans, emergency declarations, and permit systems","Detailed building fire safety requirements with tiered penalty structures based on harm caused","Numerous defined terms with technical specifications (e.g., 'monitored system', 'prescribed fire safety installation')","Sunsetting provisions for smoke alarm requirements with transitional arrangements","Nested exceptions and exemptions (e.g., mines, petroleum wells, prisons)","Multiple review mechanisms through QCAT with assessor appointments"],"plain_english_summary":"This legislation establishes and governs Queensland's fire services, creating a comprehensive framework for fire prevention, protection, and emergency response across the state.\n\n**What it does:**\n\nThe Act establishes **two separate fire services**:\n- **Queensland Fire and Rescue (QFR)** – the professional firefighting service\n- **Rural Fire Service Queensland (RFSQ)** – focused on bushfire management in rural areas\n\n**Key leadership roles:**\n- A **Commissioner** appointed by the Governor in Council (on ministerial advice), who must have professional firefighting experience, incident control expertise, and fire prevention expertise\n- A **Chief Fire Officer** and **Deputy Commissioner** appointed by the Commissioner with similar qualifications\n- A **Chief Officer** for RFSQ with rural firefighting expertise\n\n**Core functions include:**\n- Protecting people, property and environment from fires and hazardous materials emergencies\n- Fire prevention and safety education\n- Managing rural fire brigades and fire wardens\n- Controlling bushfires and investigating their causes\n- Building fire safety regulation (including smoke alarm requirements for homes, caravans, and licensed venues)\n- Emergency powers during fire emergencies\n\n**Important powers:**\n- The Commissioner can declare **local fire bans** (up to 14 days) or **state of fire emergency** declarations\n- Authorised fire officers have extensive powers to enter premises, seize evidence, require information, and take emergency measures\n- Occupiers of buildings must maintain fire safety installations and evacuation plans\n- Strict penalties apply for unauthorised fires, with higher penalties during declared emergencies\n\n**Who it affects:**\n- All Queensland residents and property owners\n- Businesses operating in licensed premises (pubs, clubs, etc.) with occupancy limits\n- Rural landholders and rural fire brigade members\n- Building owners and occupiers with fire safety obligations\n- Anyone lighting fires or operating in fire-prone areas"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/fire-services-act-1990","history":"/api/acts/fire-services-act-1990/history","analysis":"/api/acts/fire-services-act-1990/analysis","conflicts":"/api/acts/fire-services-act-1990/conflicts","importantCases":"/api/acts/fire-services-act-1990/important-cases","documents":"/api/acts/fire-services-act-1990/documents"}}