Fire and Emergency Act 1996 (Northern Territory)

This Act establishes and structures the Northern Territory Fire and Rescue Service, defines its operational remit and powers, creates criminal and civil liabilities linked to fires and related hazards, and supplies enforcement and administrative mechanisms to prevent, investigate and respond to fires and other emergencies. The Act states its purpose in the long title: establishment of the Service, operational and emergency response activities, protection of life, property and the environment against fires and other emergencies and related purposes. The Service itself is created by s 5, and s 6 sets out its role, which includes responding to incidents in declared emergency response areas, responding territory‑wide to hazardous material incidents and transport rescues, investigatory powers, hazard reduction, training and community education (s 6(a)-(d), (ca), (cb), (cc)).

Mechanically, the Act does the following key things:

Creates a statutory firefighting body and leadership offices: the Commissioner of Fire and Emergency Services (appointment by the Administrator, s 7), and a Chief Officer (appointed by the Commissioner, s 8). The Commissioner is given management control of the Service and may act under written Ministerial directions (s 7(3)-(6)). The Commissioner can appoint an Acting Commissioner under s 7A.
Establishes membership categories and operational rules: employees, auxiliary members (s 13) and volunteer members (s 14). Members are subject to service rules, general orders (s 16-17), and must attend incidents as required (s 18).
Defines geographic scope by permitting the Minister to declare emergency response areas by Gazette notice (s 4), while preserving contractual arrangements for fire services (s 4(2)).
Confers operational powers on incident commanders and members to enter, seize, remove, demolish, shut off utilities, use water without liability, undertake decontamination, and set up precautionary fires (s 19-21; s 20(2)(a)-(p), (5)-(6)). The incident commander is the senior member present unless another assumes command or powers are transferred (s 19(2)-(6)).

NORTHERN TERRITORY OF AUSTRALIA FIRE AND EMERGENCY ACT 1996 As in force at 10 February 2026 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Interpretation ................................................................................... 1 4 Emergency response areas ............................................................. 4 Part 2 Northern Territory Fire and Rescue Service Division 1 Establishment of Northern Territory Fire and Rescue Service 5 Northern Territory Fire and Rescue Service .................................... 5 6 Role of Fire and Rescue Service ..................................................... 5 7 Commissioner of Fire and Emergency Services .............................. 6 7A Acting Commissioner ....................................................................... 7 8 Chief Officer..................................................................................... 8 8A Approved forms ............................................................................... 8 9 Powers and functions of Chief Officer ............................................. 8 10 Delegation ....................................................................................... 9 Division 2 Establishment of fire and emergency response groups 11 Establishment of fire and emergency response groups ................... 9 12 Operation of fire and emergency response group ........................... 9 Division 3 Auxiliary members and volunteer members 13 Auxiliary members ........................................................................... 9 14 Volunteer members ....................................................................... 10 15 Protection of employment rights .................................................... 10 Division 4 Operation of Northern Territory Fire and Rescue Service 16 Powers and functions of members ................................................ 10 17 General orders............................................................................... 10

Fire and Emergency Act 1996 ii Part 3 Fires and other emergencies Division 1 Dealing with fires and other emergencies 18 Members to attend all incidents ..................................................... 11 19 Incident commander ...................................................................... 11 20 Powers of incident commander ..................................................... 12 21 Authority of incident commander to be recognised ........................ 15 Division 2 Investigations of fires and other emergencies 22 Fire investigators ........................................................................... 15 23 Powers of fire investigators............................................................ 16 24 Fire investigations.......................................................................... 16 Division 3 Prevention of fires and other emergencies 24A Definition........................................................................................ 17 25 Hazard reduction powers of entry and inspection .......................... 17 26 Review of requirement ................................................................... 19 27 Liability where notice not complied with ......................................... 20 27A Certain buildings to be inspected regularly .................................... 20 27B Certain buildings may be treated as within different prescribed class .............................................................................................. 21 Part 4 Restrictions on lighting fires Division 1 Fires in open air 28 General prohibition against lighting fires in open air ...................... 21 29 Lawful fires .................................................................................... 22 30 Granting of permits ........................................................................ 22 Division 2 Fire ban days 31 Declaration of fire ban days ........................................................... 22 32 Fires prohibited on fire ban days ................................................... 23 Part 5 Responsibilities of occupiers of land in relation to fires 33 Occupier to extinguish fire ............................................................. 23 34 Power of occupier to enter land etc. .............................................. 23 Part 6 Offences Division 1 Offences relating to fires 35 General offences ........................................................................... 24

Fire and Emergency Act 1996 iii 36 Fires to be extinguished ................................................................ 25 Division 2 Offences in relation to Fire and Rescue Service 37 Delivery of property ....................................................................... 26 38 Communication of information ....................................................... 26 39 Personation ................................................................................... 26 40 Offering bribe ................................................................................. 26 Part 7 Miscellaneous matters 41 Restrictions on sale of notified articles .......................................... 27 42 Damage within insurance policy .................................................... 27 43 Fees and charges .......................................................................... 27 44 Commissioned ranks ..................................................................... 29 45 Fire and Rescue Service Gazette .................................................. 29 47 Protection of members .................................................................. 29 48 Liability of person for fire lit by agent or employee......................... 29 49 Criminal liability of executive officer of body corporate .................. 29 50 Evidence in proceedings ............................................................... 31 51 Commencement of prosecutions ................................................... 31 52 General penalty ............................................................................. 31 53 Continuing offence......................................................................... 31 54 Regulations.................................................................................... 31 Part 8 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015 55 Offences – before and after commencement................................. 33 Part 9 Transitional matters for Fire and Emergency Legislation Amendment Act 2024 56 Definition........................................................................................ 33 57 Chief Fire Officer ........................................................................... 33 58 Actions, agreement and arrangements.......................................... 34 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 10 February 2026

FIRE AND EMERGENCY ACT 1996 An Act to provide for the establishment of the northern territory fire and rescue service, the operational and emergency response activities of the service, the protection of life, property and the environment against fires and other emergencies and for related purposes Part 1 Preliminary matters 1 Short title This Act may be cited as the Fire and Emergency Act 1996. 2 Commencement This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. 3 Interpretation (1) In this Act: approved form means a form approved under section 8A. authorised means authorised, in writing, by the Commissioner. auxiliary member means a person appointed under section 13 to be an auxiliary member of the Fire and Rescue Service. Chief Officer means the person holding or occupying the office of the Chief Officer of the Fire and Rescue Service mentioned in section 8. Commissioner means the person holding or occupying the office of the Commissioner of Fire and Emergency Services mentioned in section 7(1).

Part 1 Preliminary matters Fire and Emergency Act 1996 2 emergency means an occurrence, where effective response is within the capacity and resources of the Fire and Rescue Service as determined by the Commissioner, that: (a) causes or threatens to cause: (i) loss of life or property; or (ii) injury to persons or property or distress to persons; or (b) in any way endangers the safety of the public of the Territory; or (c) in any way causes or threatens to cause damage to the environment of the Territory. emergency response area means an area declared under section 4 to be an emergency response area. fire and emergency response group means a fire and emergency response group established under section 11. Fire and Rescue Service means the Northern Territory Fire and Rescue Service established by section 5. fire ban day means a day declared a fire ban day under section 31. fire investigator means a person appointed as a fire investigator under section 22. flammable or combustible material includes: (a) a substance capable of ignition or combustion: (i) by the application of heat; or (ii) by means of a spark or flame; or (iii) by spontaneous causes; and (b) a substance prescribed to be flammable or combustible material. hazard reduction means taking precautionary action and conducting inspections, other than as part of the response to an existing incident, to eliminate or reduce danger by fire or other emergency to life or property.

Part 1 Preliminary matters Fire and Emergency Act 1996 3 hazardous material means any of the following: (a) dangerous goods as defined in the Dangerous Goods Act 1998; (b) a hazardous chemical as defined in the Work Health and Safety (National Uniform Legislation) Regulations 2011; (c) a product or substance that has the potential to harm life, health, property or the environment. incident means a fire or other emergency. incident commander means the member or person who, in accordance with section 19, is in command of a fire or other emergency, or the member to whom the powers and functions of the incident commander are transferred under that section. in the open air means any place other than in a permanent structure. member means: (a) an employee, within the meaning of the Public Sector Employment and Management Act 1993, employed in the Fire and Rescue Service; or (b) an auxiliary member; or (c) a volunteer member. occupier, in relation to land, includes: (a) a person having, or being entitled to, the use or management of land; and (b) where land is let in separate parts, a person receiving or entitled to receive the rent payable in respect of those separate parts, either on his or her own account or as agent for another person, and includes a person in occupation of land belonging to the Territory, the Commonwealth or a State or another Territory of the Commonwealth, notwithstanding any want or defect of title to occupy the land. owner, in relation to land, means the person in actual receipt of, or entitled to receive, the rents and profits of the land or who, if the land was let, would be entitled to receive the rents and profits whether as beneficiary, owner, trustee, executor or mortgagee in

Part 1 Preliminary matters Fire and Emergency Act 1996 4 possession or as agent or attorney for another person. permanent structure means a structure of a permanent kind consisting of a roof and fully or partly enclosed sides and includes a caravan but does not include a tent. permit means a permit granted under section 30. vehicle includes: (a) any means of conveyance that runs on wheels; and (b) a train or part of a train; and (c) an aircraft. vessel means a ship, barge, boat or other vessel designed to float on water and includes: (a) an air-cushioned craft capable of being used as a means of transportation on water; and (b) a structure that floats or is designed to be floatable so as to allow the structure to be towed to a location offshore for oil or gas exploration or production or another industrial application. volunteer member means a person appointed under section 14 to be a volunteer member of the Fire and Rescue Service. Note for subsection (1) The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. (2) For the purposes of this Act, a person is taken to light a fire if the person: (a) lights, maintains or uses the fire; or (b) aids, procures or counsels another to light, maintain or use the fire; or (c) being the owner or occupier of the land on which the fire is lit, permits another to light, maintain or use the fire. 4 Emergency response areas (1) The Minister may, for the purposes of this Act, by Gazette notice, declare an area to be an emergency response area.

Part 2 Northern Territory Fire and Rescue Service Division 1 Establishment of Northern Territory Fire and Rescue Service Fire and Emergency Act 1996 5 (2) The declaration of an area as an emergency response area does not affect any contractual arrangements under which fire and rescue services are provided for the area, whether the contractual arrangements are entered into before or after the declaration. Part 2 Northern Territory Fire and Rescue Service Division 1 Establishment of Northern Territory Fire and Rescue Service 5 Northern Territory Fire and Rescue Service The Northern Territory Fire and Rescue Service is established. 6 Role of Fire and Rescue Service The role of the Fire and Rescue Service is, subject to any other Act: (a) to respond to all incidents in an emergency response area; and (b) to respond to all hazardous material incidents and transport accident rescues, wherever occurring, in the Territory; and (c) to respond to incidents, other than those mentioned in paragraph (b), outside an emergency response area when requested by a police officer or a member of an organisation having responsibilities to respond to such incidents and where: (i) sufficient resources of the Fire and Rescue Service remain available to respond to incidents referred to in paragraph (a); and (ii) a response is within the resources and capabilities of the Fire and Rescue Service; and (iii) a response will materially contribute to extinguishing or controlling the fire or dealing with the emergency; and (ca) to investigate the cause of a fire anywhere in the Territory; and (cb) to undertake hazard reduction: (i) to eliminate or reduce danger to life or property by fires (other than bushfires) and other emergencies anywhere in the Territory; and

Part 2 Northern Territory Fire and Rescue Service Division 1 Establishment of Northern Territory Fire and Rescue Service Fire and Emergency Act 1996 6 (ii) to eliminate or reduce danger to life or property by bushfires in an emergency response area; and (cc) to conduct training courses (with or without charge) in relation to any aspect of fire safety; and (d) to conduct community education and awareness programs relating to fires and other emergencies and, in particular, relating to fire safety and prevention; and (e) to develop and administer programs designed to promote safety in building structures; and (f) to exercise those powers and perform those functions that are imposed on it or a member by any other law in force in the Territory. 7 Commissioner of Fire and Emergency Services (1) The Administrator may, by commission, appoint a person to be the Commissioner of Fire and Emergency Services. (2) The Commissioner holds office on the terms and conditions, including remuneration, expenses and allowances, determined by the Administrator from time to time. (3) The Commissioner must exercise all the powers and perform all the functions of office in accordance with the written directions, if any, given by the Minister. (4) The Commissioner has general control and overall responsibility for the management of the Fire and Rescue Service. (5) Without limiting subsection (4), the functions of the Commissioner are to do the following: (a) make provision in every emergency response area, so far as the capacity and resources of the Fire and Rescue Service permits, for the effective response to all incidents, including preventing, suppressing and extinguishing fires or dealing with emergencies and for the safety of people and property endangered by fire or other emergencies; (b) ensure that the Fire and Rescue Service is maintained in accordance with this Act and in a state of operational readiness; (c) review the efficiency and effectiveness of the Fire and Rescue Service;

Part 2 Northern Territory Fire and Rescue Service Division 1 Establishment of Northern Territory Fire and Rescue Service Fire and Emergency Act 1996 7 (d) make provision for effective cooperation between the Fire and Rescue Service, the Bushfires Council established by section 21 of the Bushfires Management Act 2016 and the Northern Territory Emergency Service as defined in section 8 of the Emergency Management Act 2013; (e) enter into agreements and protocol arrangements with organisations, either within or outside the Territory, that can assist the Fire and Rescue Service in the performance of its role under this Act; (f) enter into contractual arrangements for the provision of fire and rescue services, whether within an emergency response area or not; (g) enter into contractual arrangements for the provision of services ancillary to fire and rescue services, including (but not limited to) the supply, installation and monitoring of fire alarm systems; (h) enter into contractual arrangements for the provision (with or without charge) of training programs and public awareness programs. (6) The Commissioner has the powers necessary to perform the Commissioner's functions. (7) The Commissioner may resign office by written notice given to the Administrator. (8) A notice of resignation under subsection (7) has effect when accepted by the Administrator. 7A Acting Commissioner (1) The Minister may, in writing, appoint a person to act as the Commissioner: (a) during a vacancy in the office; or (b) during any period, or during all periods, when the Commissioner is absent or unable to perform the duties of the office. (2) A person appointed to act as the Commissioner during a vacancy in the office must not continue to act for more than 12 months after the vacancy occurred.

Part 2 Northern Territory Fire and Rescue Service Division 1 Establishment of Northern Territory Fire and Rescue Service Fire and Emergency Act 1996 8 (3) If a person is appointed under subsection (1)(b) and that office becomes vacant while the person is acting, the person may continue to act in that office until: (a) the Minister otherwise directs; or (b) the office ceases to be vacant; or (c) the person resigns their appointment; or (d) the day 12 months after the day the vacancy occurred. (4) A person may resign an appointment under subsection (1) by written notice given to the Minister. (5) A notice of resignation under subsection (4) has effect when accepted by the Minister. (6) The validity of anything done by a person acting as Commissioner under subsection (1) must not be called in question by reason of the following: (a) any defect or irregularity in or in connection with the appointment; (b) that the occasion for the appointment had not arisen; (c) that the appointment had ceased to have effect. 8 Chief Officer (1) There is a Chief Officer of the Fire and Rescue Service appointed by the Commissioner. (2) The Chief Officer must be a person with substantial experience in the emergency response activities of a fire and rescue service. 8A Approved forms The Commissioner may approve forms for this Act. 9 Powers and functions of Chief Officer (1) Subject to the directions of the Commissioner, the Chief Officer has operational responsibility for the Fire and Rescue Service. (2) The Chief Officer has the powers necessary to perform the Chief Officer's functions.

Part 2 Northern Territory Fire and Rescue Service Division 3 Auxiliary members and volunteer members Fire and Emergency Act 1996 9 10 Delegation The Minister and Commissioner may, in writing, delegate to a person any of their powers and functions under this Act. Division 2 Establishment of fire and emergency response groups 11 Establishment of fire and emergency response groups (1) The Minister may, for the purposes of this Act, establish fire and emergency response groups. (2) Where the Minister establishes a fire and emergency response group under subsection (1), the Minister must determine: (a) the name of the fire and emergency response group; and (b) the area in which the fire and emergency response group will operate. 12 Operation of fire and emergency response group (1) In respect of each fire and emergency response group, the Commissioner must determine: (a) the core functions of the fire and emergency response group; and (b) the constitution under which the fire and emergency response group will operate; and (c) the relationship of the fire and emergency response group with other fire and emergency response groups and its obligations to other fire and emergency response groups. (2) The constitution of a fire and emergency response group may be amended, with the approval of the Commissioner, in the manner set out in the constitution. (3) A fire and emergency response group shall consist of the members who, in accordance with the constitution, are the members of the group. Division 3 Auxiliary members and volunteer members 13 Auxiliary members (1) The Commissioner may appoint a person to be an auxiliary member of the Fire and Rescue Service.

Part 2 Northern Territory Fire and Rescue Service Division 4 Operation of Northern Territory Fire and Rescue Service Fire and Emergency Act 1996 10 (2) An auxiliary member must be paid for the member's services in accordance with a scale of fees determined by the Minister. (3) Subject to subsection (2), an auxiliary member must be employed on such terms and conditions as are determined, from time to time, by the Commissioner. 14 Volunteer members (1) The Commissioner may appoint a person to be a volunteer member of the Fire and Rescue Service. (2) A volunteer member must not be paid for the member's services. 15 Protection of employment rights An auxiliary member or volunteer member who, during or immediately after a fire or other emergency, is absent from his or her usual employment or duties in connection with the fire or emergency, is not liable for dismissal, loss of long service leave, sick leave, recreation leave or other benefits to which he or she may be entitled under the industrial award or agreement applicable to his or her usual employment, by reason only of his or her absence on those duties, whether or not his or her usual employer has consented to the absence. Division 4 Operation of Northern Territory Fire and Rescue Service 16 Powers and functions of members (1) A member may exercise such powers and perform such functions as are conferred or imposed on the member by or under this Act or any other law in force in the Territory. (2) A member must promptly obey all lawful instructions given to the member by a member of a higher rank, or a member of the same rank, under whose control, direction or supervision the member is performing his or her duties. 17 General orders (1) The Commissioner may, from time to time, in writing, issue such general orders and instructions as are necessary to ensure the effective and efficient operation of the Fire and Rescue Service.

Part 3 Fires and other emergencies Division 1 Dealing with fires and other emergencies Fire and Emergency Act 1996 11 (2) Without limiting the generality of subsection (1), the general orders and instructions may make provision for and in relation to: (a) the ranks in, and the command structure of, the Fire and Rescue Service; and (b) methods of training of members; and (c) the times and manner in which members are to undergo medical examinations; and (d) the preparation, maintenance and availability of service records of members; and (e) the response by members to incidents outside an emergency response area. Part 3 Fires and other emergencies Division 1 Dealing with fires and other emergencies 18 Members to attend all incidents When a call to an incident is received, whether orally, by automatic alarm or by other means, those members as are determined by the Commissioner must proceed promptly to the place where a fire or other emergency is, or is thought to be, with such equipment as is available to those members for the purpose of extinguishing or controlling the fire or dealing with the emergency, if any. 19 Incident commander (1) At an incident, the incident commander: (a) has responsibility for extinguishing or controlling the fire or dealing with the emergency; and (b) has command of the members at the fire or other emergency and the equipment available to those members; and (c) has the powers and functions that are conferred or imposed on an incident commander by or under this Act. (2) At an incident there must be one incident commander who is, subject to subsection (3): (a) the member of the highest rank or designation within the command structure of the Fire and Rescue Service who first attends at a fire or other emergency; or

Part 3 Fires and other emergencies Division 1 Dealing with fires and other emergencies Fire and Emergency Act 1996 12 (b) a member of a higher rank or designation who subsequently attends the fire or emergency and assumes command at the fire or emergency; or (c) a member to whom the powers and functions of the incident commander are transferred. (3) The Commissioner may appoint a person, including a person exercising powers or performing functions under a law of a State relating to dealing with fires or other emergencies in that State, to be an incident commander. (4) An appointment under subsection (3) may be made for any one or more of the following: (a) for a particular fire or other emergency; (b) for a class of fires or other emergencies; (c) for all fires or other emergencies in a specified area; (d) for a specified period. (5) An appointment under subsection (3) may be subject to such conditions, if any, as the Commissioner thinks fit. (6) A person appointed under subsection (3) is, subject to the person's appointment, the incident commander in relation to a fire or other emergency to which the person's appointment relates, but nothing in this subsection prevents the Commissioner from appointing another person in place of the incident commander at a fire or other emergency. (7) Nothing: (a) in subsection (2)(b) prevents a second or subsequent member assuming command at a fire or other emergency in accordance with that paragraph; or (b) in subsection (2)(c) prevents a member to whom the powers and functions of the incident commander are transferred, transferring those powers and functions to another member. 20 Powers of incident commander (1) The incident commander at a fire or other emergency must: (a) try, by such practicable means as he or she thinks fit, to control and extinguish the fire or deal with the emergency and to protect and save life and property; and

Part 3 Fires and other emergencies Division 1 Dealing with fires and other emergencies Fire and Emergency Act 1996 13 (b) control and direct those members who are at the fire or other emergency and any person who voluntarily places his or her services at the incident commander's disposal. (2) Without limiting the generality of subsection (1), the incident commander, at or immediately after a fire or other emergency, may exercise any of the following powers: (a) enter, or cause to be entered, and, if necessary, force open, or cause to be forced open, any land, building, vehicle or vessel on fire or which he or she considers may be on fire, menaced by fire, or in the vicinity of the fire or other emergency; (b) cause land, a building, vehicle or vessel to be taken possession of, pulled down, sunk, damaged, destroyed or removed; (c) take, or cause to be taken, equipment (including a vehicle) into, through, over or on land, a building, vehicle or vessel which he or she considers provides convenient access to the fire or other emergency; (d) take possession of, remove and keep in safe custody any property on land or in a building, vehicle or vessel on fire or in the vicinity of the fire or other emergency; (e) cause a street or thoroughfare in the vicinity of the fire or other emergency to be closed to traffic during the continuance of the fire or emergency; (f) order a person to vacate land, a building, vehicle or vessel on fire or in the vicinity of the fire or other emergency; (g) remove, or order a member to remove, a person, vehicle, vessel or thing the presence of whom or which at or near the fire or other emergency might, in the incident commander's opinion, interfere with the work of the members, or create a danger; (h) pull down, destroy or shore up, or cause to be pulled down, destroyed or shored up, a wall or building which, in the incident commander's opinion, has, as a result of the fire or emergency, become damaged, insecure or dangerous to life or property; (j) use, without being liable to pay for it, any convenient supply of water to extinguish the fire; (k) cause water to be shut off from a main or pipe, or to be redirected, to obtain a greater pressure or supply of water;

Part 3 Fires and other emergencies Division 1 Dealing with fires and other emergencies Fire and Emergency Act 1996 14 (m) cause the supply of electricity, gas or other fuel to land or a building: (i) on fire; (ii) adjacent to land or a building on fire; or (iii) in the vicinity of the fire or other emergency, to be shut off or disconnected; (ma) cause a fire or fires to be lit as a precautionary measure to prevent the spread of a larger fire; (n) administer, or cause to be administered, first aid and basic life support to persons injured by the fire or other emergency; (o) require any potentially contaminated person to undergo decontamination procedures if the nature of the fire or emergency gives rise to concern that a biological or chemical hazard exists; (p) direct or authorise the doing by a member or by a person who voluntarily places his or her services at the disposal of the incident commander, of an act or thing which the incident commander is, under this section, empowered to do. (3) Subject to subsection (4), where at or immediately after a fire or other emergency, a member or a police officer is of the opinion that, for the purpose of protecting life or property or controlling or extinguishing the fire or dealing with the emergency, it is necessary or desirable to do an act or thing which the incident commander is empowered to do under subsection (2), not being an act or thing specified in paragraph (h) or (p) of that subsection, the member or police officer may, without the authority of the incident commander, do that act or thing. (4) A member or a police officer may only do an act or thing referred to in subsection (3) without the authority of the incident commander where it is not practicable for the authority for the doing of that act or thing to be obtained from the incident commander. (5) A person supplying water or electricity is not liable to a penalty or damages as a result of an interruption of supply caused by the exercise of a power specified in subsection (2)(k) or (m). (6) The expense of pulling down, destroying or shoring up a wall or building in the exercise of the power specified in subsection (2)(h) must be borne by the owner of the wall or building and is a debt due and payable to the Territory.

Part 3 Fires and other emergencies Division 2 Investigations of fires and other emergencies Fire and Emergency Act 1996 15 (7) The exercise of a power or the performance of a function under this section by a person is conclusive evidence of his or her authority to do so, and no person shall be concerned to inquire whether the occasion requiring the person to do so had arisen or has ceased. 21 Authority of incident commander to be recognised (1) A person must obey an instruction or order given, in accordance with a duty imposed or a power conferred by this Act or the Regulations, by any of the following: (a) the Commissioner or the incident commander; (b) a member acting under the orders of the Commissioner or the incident commander; (c) a member or a police officer acting in accordance with section 20. (2) A police officer must give such assistance as is reasonably required to enable an incident commander to exercise his or her authority or enforce obedience to an instruction or order given by the incident commander or a member in the performance of a duty imposed or the exercise of a power conferred by this Act or the Regulations. Division 2 Investigations of fires and other emergencies 22 Fire investigators (1) The Commissioner may appoint a person to be a fire investigator for the purpose of investigating fires and other emergencies. (2) A fire investigator may exercise such powers and perform such functions as are given by or under this or any other Act. (3) The Commissioner must issue to a fire investigator an identity card containing a photograph and the signature of the fire investigator verified by the signature of the Commissioner. (4) A fire investigator whose appointment is terminated must surrender to the Commissioner the identity card issued to the person under subsection (3). (5) A fire investigator must, when exercising or performing any of the investigator's powers or functions, produce the identity card issued to the fire investigator under subsection (3) to a person who questions the authority of the fire investigator to exercise the power or perform the function.

Part 3 Fires and other emergencies Division 2 Investigations of fires and other emergencies Fire and Emergency Act 1996 16 (6) The production by a fire investigator of an identity card issued under subsection (3) is, until the contrary is proved, sufficient authority for the fire investigator to do any thing which the fire investigator is permitted to do by or under this Act. 23 Powers of fire investigators (1) A fire investigator may request a person to provide his or her name and address to the fire investigator where the fire investigator believes, on reasonable grounds, that the person may be able to assist the fire investigator in connection with the investigation of a fire or other emergency. (2) A person to whom a request is made under subsection (1) must not: (a) refuse or fail to comply with the request; or (b) provide a name that is false in a material particular; or (c) provide an address other than the full and correct address of his or her ordinary place of residence. (3) In addition to section 24, where a fire investigator suspects, on reasonable grounds, that an offence has been committed in relation to a fire or other emergency, the fire investigator may, for the purposes of investigating the offence, exercise any of the following powers: (a) enter any land, building, vehicle or vessel; and (b) carry out a search of the land, building, vehicle or vessel; and (c) seize anything found on the land, building, vehicle or vessel that the fire investigator believes, on reasonable grounds, is connected with the commission of the offence. 24 Fire investigations (1) The Commissioner, a fire investigator, a member or an authorised person may exercise any of the following powers: (a) cause the debris of a fire and land or a building, vehicle or vessel where a fire has occurred to be searched; (b) remove and keep possession of any material which, in his or her opinion, may tend to prove the origin of the fire.

Part 3 Fires and other emergencies Division 3 Prevention of fires and other emergencies Fire and Emergency Act 1996 17 (2) For the purposes of subsection (1), the Commissioner, a fire investigator, a member or an authorised person may exercise any of the following powers: (a) enter land, a building, vehicle or vessel and take possession of the land, building, vehicle or vessel or anything on the land or in the building, vehicle or vessel, where a fire or other emergency has occurred; (b) retain possession of the land, building, vehicle or vessel and of anything in or on it: (i) until an inquest under the Coroners Act 1993 into the fire or other emergency has been held; or (ii) if no inquest is held, for a reasonable time; (c) prevent a person from entering the land, building, vehicle or vessel; (d) remove a person from the land, building, vehicle or vessel; (e) prevent a person from removing anything from the land, building, vehicle or vessel. Division 3 Prevention of fires and other emergencies 24A Definition In this Division: place means land, a building, a vehicle or a vessel. 25 Hazard reduction powers of entry and inspection (1) For the purpose of hazard reduction, the Chief Officer or an authorised person may enter a place as follows: (a) at any time to determine if a law for the prevention of fire or the protection of life or property from danger arising from fire is being complied with; (b) if the place is in an emergency response area and the Chief Officer or authorised person reasonably believes that a hazard in relation to a fire exists in relation to the place – at any time to conduct a strategic burn-off to eliminate or reduce the hazard;

Part 3 Fires and other emergencies Division 3 Prevention of fires and other emergencies Fire and Emergency Act 1996 18 (c) if the Chief Officer or authorised person knows or reasonably suspects that explosive, flammable or combustible material is being kept at the place – at any time to determine if a law relating to the keeping of the material is being complied with; (d) if the Chief Officer or authorised person reasonably believes that a hazard exists in relation to the place – at a reasonable time to inspect the place, and the arrangement and condition of anything at the place, to determine if the hazard exists. (2) If the Chief Officer or an authorised person reasonably believes that a hazard exists in relation to a place, the Chief Officer or authorised person may serve a notice on one of the following persons requiring the person to take action to eliminate or reduce the hazard: (a) the owner of the place if, in the opinion of the Chief Officer or authorised person, the hazard arises from the state of repair of the place; (b) the owner or occupier of the place if, in the opinion of the Chief Officer or authorised person, the hazard arises from: (i) the arrangement and condition of anything at the place; or (ii) the storage of explosive, flammable or combustible material at the place; or (iii) a failure, in relation to the place, to comply with a law for the prevention of fire or the protection of the public from danger arising from fire. (3) The notice must specify: (a) the action the person must take to eliminate or reduce the hazard; and (b) the time within which the person must take the action; and (c) that failure to comply with the notice is an offence. (4) The person must comply with the notice. (5) If the person does not comply with the notice the Chief Officer or authorised person may: (a) take the action; and (b) for taking the action, enter, by reasonable force if necessary, the place with the necessary workers and equipment.

Part 3 Fires and other emergencies Division 3 Prevention of fires and other emergencies Fire and Emergency Act 1996 19 (6) In addition to a penalty for which the person may be liable for failing to comply with the notice, the cost of taking an action under subsection (5): (a) is a debt due and payable to the Territory by the person; and (b) if the action taken relates to land or a building on land – is a statutory charge, as defined in section 4 of the Land Title Act 2000, on the land. (7) In this section: hazard means a direct or indirect danger by fire or other emergency to life or property. strategic burn-off means the lighting of a fire as a hazard reduction measure. 26 Review of requirement (1) A person who is served with a notice under section 25(2) may apply to the Commissioner for review of a requirement specified in the notice. (2) The application must: (a) be in writing; and (b) state in detail the grounds on which the application is based and the particulars that support those grounds; and (c) be lodged with the Commissioner within the shorter of the following: (i) the period ending 3 days after the person is served with the notice; (ii) the period for compliance with the notice specified in the notice. (3) The Commissioner must, as soon as practicable after the application is made, decide to: (a) confirm that the requirement must be complied with and substitute a further period for compliance with the notice; or (b) amend the notice; or (c) cancel the notice.

Part 3 Fires and other emergencies Division 3 Prevention of fires and other emergencies Fire and Emergency Act 1996 20 (4) The operation of the notice is suspended until the Commissioner decides the application. (5) However, if, in the opinion of the Commissioner, the danger to life or property in relation to which the notice was issued is imminent: (a) the Commissioner may refuse to consider the application; and (b) subsection (4) does not apply. (6) The decision of the Commissioner under subsection (3) is final. 27 Liability where notice not complied with (1) Where: (a) a person has failed to comply with the requirements of a notice under section 25(2); and (b) a fire or other emergency occurs at the place to which the notice relates or to property adjacent to the place; the person is, subject to subsection (2), liable to pay, in addition to any penalty provided by this Act: (c) the expense incurred in extinguishing or attempting to extinguish the fire or in dealing with or attempting to deal with the emergency; and (d) the amount of the damage done to any property by the fire or other emergency. (2) A person referred to in subsection (1) is not liable for the expense or damages referred to in that subsection if the person proves that the fire was not a result of his or her failure to comply with the notice. (3) Subsection (1) applies whether or not a request has been lodged under section 26. 27A Certain buildings to be inspected regularly (1) The Regulations may prescribe a class or classes of buildings that, because of the nature of their use or intended use, are to be inspected regularly by the Chief Officer or an authorised person to ensure that: (a) the requirements of any law in force in the Territory; and (b) the standards imposed by any Australian Standard as in force from time to time;

Part 4 Restrictions on lighting fires Division 1 Fires in open air Fire and Emergency Act 1996 21 in relation to fire safety are met and continue to be met and that persons who work in any such building are trained in essential fire safety. (2) The Regulations may provide for obligations of the owner or occupier of a building or a class of building prescribed under subsection (1) in relation to safety in a fire or other emergency. (3) It is an offence for the owner or occupier (as the case may be) of a building prescribed under subsection (1) to fail to comply with a direction given by the Chief Officer or an authorised person to the owner or occupier to take specified action in order to reduce the danger by fire or other emergency to life or property in relation to the building. 27B Certain buildings may be treated as within different prescribed class (1) The Chief Officer or an authorised person may give notice in writing to the owner or occupier of a particular building that the building will be treated as being within a specified class of buildings prescribed under section 27A(1) that is different from the class of buildings to which the building would otherwise be considered to belong. (2) The notice may be given if, because of the nature of the use of the building or for other reasons, the Chief Officer or authorised person considers it is necessary to reduce the danger from fire or other emergency to life or property. (3) Section 27A and the Regulations apply in relation to the particular building as if it were within the specified class of buildings. (4) An owner or occupier of a building who is aggrieved by a notice under subsection (1) may request the Commissioner to review the notice, or a requirement arising as a result of the issue of the notice, and section 26(2), (3), (4) and (5) applies (with the necessary changes) as if the notice were a notice issued under section 26(1). Part 4 Restrictions on lighting fires Division 1 Fires in open air 28 General prohibition against lighting fires in open air A person must not, in an emergency response area, light a fire, or cause a fire to be lit, in the open air unless permitted by or under this Act.

Part 4 Restrictions on lighting fires Division 2 Fire ban days Fire and Emergency Act 1996 22 29 Lawful fires Section 28 does not apply to a person who lights a fire: (a) in accordance with a permit; or (b) for the purpose of meal preparation or personal comfort in accordance with the requirement specified in the Regulations; or (c) for a prescribed purpose in accordance with the requirements specified in the Regulations. 30 Granting of permits (1) A person requiring a permit to light a fire in the open air in an emergency response area must apply, either orally or in writing, to the Commissioner for the permit. (2) The Commissioner, on receiving an application under subsection (1), may grant or refuse to grant the permit. (5) A permit must be in the approved form and may be subject to such conditions, if any, as the Commissioner thinks fit and specifies in the permit. (6) A person must not: (a) contravene a permit or a condition to which a permit is subject; (b) provide false or misleading information in respect of an application for a permit; or (c) except with the consent of the Commissioner, alter a particular or condition shown on a permit. Maximum penalty: 100 penalty units or imprisonment for 2 years. Division 2 Fire ban days 31 Declaration of fire ban days (1) The Commissioner may, by written notice, declare a day in respect of an emergency response area specified in the notice to be a fire ban day. (2) A declaration under subsection (1) may provide as follows: (a) specify fires that are not subject to the ban;

Part 5 Responsibilities of occupiers of land in relation to fires Fire and Emergency Act 1996 23 (b) prohibit or restrict the use of specified machines or apparatus in the open air on the fire ban day. (3) With the view of ensuring general public knowledge of a declaration under subsection (1), the Commissioner must cause the declaration to be published in such a manner as the Commissioner thinks fit, and without limiting the generality of this subsection, the Commissioner may cause an announcement of the declaration to be: (a) transmitted by a radio or television station; or (b) published in a newspaper circulating in the Territory. 32 Fires prohibited on fire ban days Notwithstanding section 29 but subject to section 31, a person must not light a fire in the open air or allow a fire in the open air to remain alight in an emergency response area on a day declared to be a fire ban day in that emergency response area. Part 5 Responsibilities of occupiers of land in relation to fires 33 Occupier to extinguish fire Where a fire is burning on land in an emergency response area and the lighting of the fire is not permitted by or under this or any other Act, the occupier of the land must: (a) immediately on becoming aware of the fire, take all reasonable steps to extinguish or control the fire (regardless of who lit it); and (b) if the fire is not extinguished – report the existence and location of the fire to a member or a police officer as soon as practicable. 34 Power of occupier to enter land etc. (1) Subject to subsections (2) and (3), an occupier of land in an emergency response area who believes on reasonable grounds that a grass or bush fire which is burning on land within 1 kilometre of his or her land constitutes a fire risk to his or her land may, together with persons acting on his or her direction, exercise any of the following powers: (a) enter the land on which the fire is burning and any other land in order to gain access to the land in which the fire is burning;

Part 6 Offences Division 1 Offences relating to fires Fire and Emergency Act 1996 24 (b) take on to any of the land referred to in paragraph (a) a vehicle or equipment for extinguishing or controlling the fire; (c) take all reasonable measures to extinguish or control the fire. (2) An occupier of land must not do or direct the doing of an act referred to in subsection (1) if notice, either orally or written, of the intention to light the fire has been given to the occupier by the person lighting it or by a member or a police officer unless the occupier believes on reasonable grounds that the fire has been unlawfully lit or is out of control. (3) If it is practicable to contact a member or a police officer, an occupier of land: (a) must not do or direct the doing of any act referred to in subsection (1) unless a member or a police officer has been notified of the situation; and (b) must comply with any direction given by the member or the police officer in respect of the doing of any act. Part 6 Offences Division 1 Offences relating to fires 35 General offences (1) A person who: (a) except in accordance with a permit, drops, discards, throws down or otherwise disposes of any burning article or substance (or anything otherwise capable of causing fire): (i) thereby causing a fire; or (ii) in such circumstances as to be likely to cause a fire; or (b) destroys, damages, removes, covers or otherwise interferes with a notice relating to the lighting of fires displayed by the Commissioner or by a member for the purposes of this Act; or (c) obstructs or interferes with a member acting in the performance of a duty or the exercise of a power under this Act; or (d) drives a vehicle over a fire hose; or

Part 6 Offences Division 1 Offences relating to fires Fire and Emergency Act 1996 25 (e) drives a vehicle so near a fire or other emergency or equipment in use at a fire or other emergency as to interfere with the operation of a member, or the equipment; or (f) destroys, damages or interferes with: (i) equipment used by a member to extinguish a fire or deal with an emergency; or (ii) a building used by a fire and emergency response group, being the property of the Territory; or (g) covers up, damages, encloses, conceals or interferes with a fire hydrant, fire extinguisher, hose reel or other fire fighting equipment; or (h) covers up, damages, conceals, obliterates or removes a mark, sign or letter indicating the position of or distinguishing a fire hydrant; or (j) tampers with a fire alarm or signalling apparatus for giving notice of fire; or (k) gives a false alarm of a fire or other emergency; is guilty of an offence. (2) A person who stores or deposits flammable or combustible material of such a nature and in such a manner, position or quantity that it is or may become a direct or an indirect danger to life or property is guilty of an offence. 36 Fires to be extinguished (1) A person must not leave a fire in the open air in an emergency response area which he or she has lit or used unless it has been thoroughly extinguished. (2) It is a defence to a prosecution for an offence against subsection (1) that the person had, before leaving the fire, arranged with a responsible person who also used the fire to remain at the place where the fire is and not leave it unless that person has: (a) thoroughly extinguished the fire; or (b) made a similar arrangement with another responsible person who used the fire.

Part 6 Offences Division 2 Offences in relation to Fire and Rescue Service Fire and Emergency Act 1996 26 (3) A person who, before the commencement of a fire ban day, lit or used a fire in the emergency response area in respect of which the fire ban day is declared must : (a) thoroughly extinguish the fire; or (b) if the person is unable to thoroughly extinguish the fire, without delay notify a member of that fact. (4) A member who is notified of a fire under subsection (3) may give to the person such directions, for the purpose of controlling the fire, as the member thinks fit. (5) A person to whom a direction is given under subsection (4) must comply with and not contravene the direction. Division 2 Offences in relation to Fire and Rescue Service 37 Delivery of property A person, on ceasing to be a member, must return to the Commissioner, or to such person, and at such time and place, as the Commissioner directs, all property which has been supplied to the person for the execution of the person's duty or which is in the person's custody by virtue of having been a member. 38 Communication of information (1) A member must not, without reasonable cause, publish or communicate a fact or document to any other person which comes to the knowledge or into the possession of the member in the course of his or her duties as a member and which the member has not been authorised to disclose. (2) A person, after ceasing to be a member, must not publish or communicate a fact or document which, if the person had still been a member, the person would not have been entitled to disclose. 39 Personation A person must not, without lawful excuse, personate a member. 40 Offering bribe A person must not directly or indirectly: (a) offer or give a bribe or reward to; or (b) enter into an agreement with; or

Part 7 Miscellaneous matters Fire and Emergency Act 1996 27 (c) seek an undertaking from; a member for the purpose of that member performing his or her duties as a member in a particular manner or forgoing any of his or her duty as a member. Part 7 Miscellaneous matters 41 Restrictions on sale of notified articles (1) The Minister may, by Gazette notice, prohibit or regulate the sale, use or possession of an article or substance that the Commissioner considers may constitute a risk of fire. (2) A person who sells, uses or possesses an article or substance in contravention of a notice under subsection (1) is guilty of an offence. (3) Where the Commissioner or an authorised person suspects that an article or substance the sale, use or possession of which is prohibited or regulated by a notice under subsection (1) is being sold, used or possessed in contravention of the notice, the Commissioner or authorised person may seize the article or substance and, for that purpose, may enter any land, building, vehicle, vessel or other place in or on which the article or substance is, or is thought to be, situated. 42 Damage within insurance policy Where, as a consequence of the Commissioner, a member or a police officer exercising powers or performing functions under this Act at a fire or other emergency, damage is caused to property which, if caused by the fire or emergency, would be covered by a policy of insurance held by the owner of the property, the damage is deemed to be damage covered by the policy, notwithstanding a clause or condition to the contrary in the policy. 43 Fees and charges (1) If a member, with or without equipment, attends a fire or other emergency as required under this Act, the fees or charges prescribed by regulation are: (a) payable in accordance with this section; and (b) recoverable from the persons liable as a debt due to the Territory.

Part 7 Miscellaneous matters Fire and Emergency Act 1996 28 (2) Subject to subsections (4) to (6), the persons liable for the fees or charges are: (a) for a fire or other emergency affecting land or buildings – the owners and occupiers of the land or buildings affected, or of any land, building or part of a building forming part of the land or buildings affected; or (b) otherwise – the owner or owners of, and any other person or persons having an interest in, the property, or any part of the property, which was affected by the fire or emergency or to which the emergency related. (3) If 2 or more persons are liable for the fees or charges, the liability is joint and several. (4) The owners of land or a building on the land are liable for the fees or charges if: (a) a member, with or without equipment, attends the land or building in response to an alarm installed for the protection of the land or building; and (b) there is in fact no fire or other emergency. (5) However, if the Commissioner has entered into an agreement with the occupier of the land or building to monitor the alarm, the fees or charges are payable by the occupier. (6) The person who makes a call to the Fire and Rescue Service for attendance at a fire or other emergency at a place is liable for the fees or charges if: (a) a member, with or without equipment, attends at the place in response to the call; and (b) there is in fact no fire or other emergency at the place. (7) A regulation may prescribe other fees or charges payable under this Act, including fees and charges for performing a function under another Act. (8) Fees or charges payable in relation to land or a building on land is a statutory charge, as defined in section 4 of the Land Title Act 2000, on the land.

Part 7 Miscellaneous matters Fire and Emergency Act 1996 29 44 Commissioned ranks The Administrator may issue his or her commission to a member appointed or promoted to a prescribed rank or a rank above a prescribed rank, whether the appointment or promotion was made before or after the commencement of this Act. 45 Fire and Rescue Service Gazette The Commissioner may authorise the publication of a document to be known as the Fire and Rescue Service Gazette containing such orders, instructions, determinations, directions, notices and other things as the Commissioner thinks fit. 47 Protection of members An action or proceeding cannot be brought against a member to recover damages in respect of damage to property or injury to a person arising out of anything done or omitted to be done by the member in good faith in the exercise of a power or the performance of a function under this Act or the Regulations or done or omitted by the member in good faith in the purported exercise of a power or the performance of a function under this Act or the Regulations. 48 Liability of person for fire lit by agent or employee Where a person commits an offence against this Act in respect of the lighting of a fire as an agent or employee of another person, that other person may be prosecuted and found guilty of the offence unless it is proved that the agent or employee was acting contrary to instructions and the other person could not have prevented the commission of the offence by exercising reasonable supervision. 49 Criminal liability of executive officer of body corporate (1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence). Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence. (2) An offence against subsection (1) is a regulatory offence. (3) It is a defence to a prosecution for an offence against subsection (1) if the defendant: (a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or

Part 7 Miscellaneous matters Fire and Emergency Act 1996 30 (b) took reasonable steps to prevent the contravention; or (c) did not know, and could not reasonably have been expected to know, that the contravention would happen. (4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following: (a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention): (i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision; (ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i); (iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision; (b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen. (5) Subsection (4) does not limit the matters the court may consider. (6) This section does not affect the liability of the body corporate. (7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence. (8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence. (9) In this section: declared provision means: (a) section 25(4), 27A(3) or 30(6); or (b) a provision of the Regulations prescribed by regulation. executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.

Part 7 Miscellaneous matters Fire and Emergency Act 1996 31 50 Evidence in proceedings In proceedings in respect of an offence against this Act, a certificate purporting to be signed by the Commissioner to the effect that, on a date specified in the certificate: (a) a permit was or was not in force; or (b) a fire ban day was or was not in force in respect of an emergency response area; or (c) a notice required to be served under this Act was or was not served; or (d) a place specified in the certificate was or was not in an emergency response area; or (e) a person was or was not a member; is, in the absence of proof to the contrary, evidence of the matter stated in the certificate. 51 Commencement of prosecutions (1) A prosecution for an offence against this Act must not be commenced except by the Commissioner or an authorised person. (2) An averment in a complaint that a person is an authorised person is evidence that the person is an authorised person for the purposes of subsection (1). 52 General penalty A person who contravenes a provision of this Act for which no penalty is provided other than by this section, is guilty of an offence. Maximum penalty: 100 penalty units or imprisonment for 2 years. 53 Continuing offence (1) This section applies if a court has found a person guilty of an offence against this Act. (2) The court may, in addition to any penalty imposed for the offence, impose a penalty not exceeding 5 penalty units for each day during which the offence continues after the day the offence is committed. 54 Regulations (1) The Administrator may make regulations under this Act.

Part 7 Miscellaneous matters Fire and Emergency Act 1996 32 (2) The regulations may provide for the following: (a) matters relevant or incidental to fire safety and prevention on land, buildings, vehicles, or vessels, and appropriate to the training or education of persons and the community; (b) measures necessary for ensuring effective fire safety in building structures; (c) measures for minimising the danger of fires and other emergencies; (d) measures for the protection of land, buildings, vehicles, vessels and persons from fires and other emergencies; (e) measures for handling flammable or combustible material and the manner of stacking, storing and keeping it; (f) matters incidental to administration and control of fire and emergency response groups; (g) the payment of a prescribed amount in lieu of a penalty which may otherwise be imposed for an offence against this Act or the Regulations; (h) the service of notices on persons alleged to have infringed this Act and particulars to be included in such notices; (i) the withdrawal of a notice referred to in paragraph (h), whether or not a prescribed amount has been paid under the notice, for the purpose of prosecuting a person for the alleged offence; or (j) apply, adopt or incorporate (with or without changes) the whole or part of a document as in force or existing at a particular time or from time to time; (k) an offence against a regulation to be a regulatory offence.

Part 9 Transitional matters for Fire and Emergency Legislation Amendment Act 2024 Fire and Emergency Act 1996 33 Part 8 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015 55 Offences – before and after commencement (1) Section 49, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 10 of that Act (the commencement) only if: (a) all the conduct constituting the relevant offence occurred after the commencement; and (b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement. (2) Section 49, as in force before the commencement: (a) continues to apply in relation to offences committed by a corporation before the commencement; and (b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply. Part 9 Transitional matters for Fire and Emergency Legislation Amendment Act 2024 56 Definition In this Part: commencement means commencement of section 17 of the Fire and Emergency Legislation Amendment Act 2024. 57 Chief Fire Officer The person who, immediately before the commencement, was the Chief Fire Officer appointed under section 7, is taken, on the commencement, to be the Chief Officer.

Part 9 Transitional matters for Fire and Emergency Legislation Amendment Act 2024 Fire and Emergency Act 1996 34 58 Actions, agreement and arrangements (1) Any action, agreement, arrangement, plan or other thing taken, made, prepared or done by the Director or the Chief Executive Officer and in effect immediately before the commencement are taken, after the commencement, to be taken, made or done by the Commissioner. (2) Any action, agreement, arrangement, plan or other thing taken, made, prepared or done by the Chief Fire Officer before the commencement, other than a nomination under section 61(2)(b) of the Emergency Management Act 2013, is taken, after the commencement, to be taken, made or done by the Chief Officer.

ENDNOTES Fire and Emergency Act 1996 35 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Fire and Emergency Act 1996 (Act No. 14, 1996) Assent date 19 April 1996 Commenced 1 May 1996 (Gaz S10, 1 May 1996) Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000) Assent date 12 September 2000 Commenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2, 2000) and Gaz G38, 27 September 2000, p 2) Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001) Assent date 29 June 2001 Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001) Fire and Emergency Amendment Act 2004 (Act No. 22, 2004) Assent date 28 April 2004 Commenced 28 July 2004 (Gaz G30, 28 July 2004, p 2) Statute Law Revision Act 2005 (Act No. 44, 2005) Assent date 14 December 2005 Commenced 14 December 2005 Statute Law Revision Act 2007 (Act No. 4, 2007) Assent date 8 March 2007 Commenced 8 March 2007 Fire and Emergency Legislation Amendment Act 2009 (Act No. 39, 2009) Assent date 15 December 2009 Commenced 24 February 2010 (Gaz G8, 24 February 2010, p 11) Fire and Emergency Amendment Act 2010 (Act No. 49, 2010) Assent date 13 December 2010 Commenced 1 July 2011 (Gaz G26, 29 June 2011, p 8)

ENDNOTES Fire and Emergency Act 1996 36 Work Health and Safety (National Uniform Legislation) Implementation Act 2011 (Act No. 38, 2011) Assent date 14 December 2011 Commenced 1 January 2012 (Gaz S78, 30 December 2011) Emergency Management Act 2013 (Act No. 27, 2013) Assent date 8 November 2013 Commenced 27 November 2013 (Gaz S63, 27 November 2013) Statute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015) Assent date 18 September 2015 Commenced 14 October 2015 (Gaz G41, 14 October 2015, p 3) Bushfires Management Act 2016 (Act No. 14, 2016) Assent date 7 June 2016 Commenced 1 November 2016 (Gaz S111, 27 October 2016) Fire and Emergency Legislation Amendment Act 2024 (Act No. 5, 2024) Assent date 14 March 2024 Commenced 16 July 2024 (Gaz S67, 15 July 2024) Statute Law Revision and Repeals Act 2026 (Act No. 3, 2026) Assent date 9 February 2026 Commenced 10 February 2026 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 5, 8, 24, 25 and 43. 4 LIST OF AMENDMENTS pt 1 hdg amd No. 49, 2010, s 17 s 3 amd No. 22, 2004, s 4; No. 39, 2009, s 4; No. 49, 2010, ss 4 and 17; No. 38, 2011, s 31; No. 5, 2024, s 18 s 4 amd No. 22, 2004, s 5; No. 49, 2010, s 17 s 5 amd No. 49, 2010, s 5; No. 5, 2024, s 19 s 6 amd No. 22, 2004, s 6; No. 39, 2009, s 5; No. 5, 2024, s 20 s 7 amd No. 49, 2010, s 17 sub No. 5, 2024, s 21 s 7A ins No. 5, 2024, s 21 amd No. 3, 2026, s 64 s 8 amd No. 22, 2004, s 7; No. 49, 2010, s 17; No. 27, 2013, s 128; No. 14, 2016, s 120 sub No. 5, 2024, s 21 s 8A ins No. 49, 2010, s 6 amd No. 5, 2024, s 26 s 9 amd No. 5, 2024, s 22 s 10 sub No. 49, 2010, s 7 amd No. 5, 2024, s 23 s 11 amd No. 49, 2010, s 17 s 12 amd No. 22, 2004, s 8; No. 49, 2010, s 17; No. 5, 2024, s 26 ss 13 – 14 amd No. 49, 2010, s 17; No. 5, 2024, s 26 ss 15 – 16 amd No. 49, 2010, s 17

ENDNOTES Fire and Emergency Act 1996 37 ss 17 – 18 amd No. 49, 2010, s 17; No. 5, 2024, s 26 s 19 amd No. 49, 2010, ss 8 and 17; No. 5, 2024, s 26 s 20 amd No. 22, 2004, s 9; No. 49, 2010, s 17 s 21 amd No. 44, 2005, s 35; No. 49, 2010, s 17; No. 5, 2024, s 26 s 22 amd No. 49, 2010, s 17; No. 5, 2024, s 26 s 23 amd No. 49, 2010, s 17 s 24 amd No. 49, 2010, s 17; No. 5, 2024, s 26 s 24A ins No. 39, 2009, s 6 s 25 amd No. 45, 2000, s 11; No. 22, 2004, s 13 sub No. 39, 2009, s 6 amd No. 49, 2010, s 9; No. 5, 2024, s 26 s 26 sub No. 39, 2009, s 6 amd No. 5, 2024, s 26 s 27 amd No. 39, 2009, s 7; No. 49, 2010, s 17 s 27A ins No. 22, 2004, s 10 amd No. 39, 2009, s 8; No. 49, 2010, s 17; No. 5, 2024, s 26 s 27B ins No. 22, 2004, s 10 amd No. 5, 2024, s 26 ss 28 – 29 amd No. 49, 2010, s 17 s 30 amd No. 49, 2010, ss 10 and 17; No. 5, 2024, s 24 s 31 amd No. 49, 2010, s 17; No. 5, 2024, s 26 s 32 amd No. 49, 2010, s 17 s 33 amd No. 22, 2004, s 11 s 34 amd No. 22, 2004, s 13; No. 49, 2010, s 17 s 35 amd No. 49, 2010, s 17; No. 5, 2024, s 26 s 36 amd No. 49, 2010, s 17 s 37 amd No. 49, 2010, s 17; No. 5, 2024, s 26 ss 38 – 40 amd No. 49, 2010, s 17 pt 7 hdg amd No. 49, 2010, s 17 ss 41 – 42 amd No. 22, 2004, s 13; No. 49, 2010, s 17; No. 5, 2024, s 26 s 43 amd No. 45, 2000, s 11; No. 22, 2004, s 13 sub No. 49, 2010, s 11 amd No. 5, 2024, s 26 s 45 amd No. 5, 2024, s 26 s 46 amd No. 17, 2001, s 21 rep No. 49, 2010, s 12 s 47 amd No. 49, 2010, s 17 s 49 amd No. 49, 2010, s 17 sub No. 26, 2015, s 30 ss 50 – 51 amd No. 49, 2010, s 17; No. 5, 2024, s 26 s 52 amd No. 22, 2004, s 13; No. 49, 2010, ss 13 and 17 s 53 amd No. 22, 2004, s 13; No. 49, 2010, s 14 s 54 amd No. 22, 2004, s 12; No. 49, 2010, s 15 pt 8 hdg ins No. 26, 2015, s 31 s 55 rep No. 49, 2010, s 16 ins No. 26, 2015, s 31 s 56 amd No. 4, 2007, s 7 rep No. 49, 2010, s 16 pt 9 hdg ins No. 5, 2024, s 25 ss 56 – 58 ins No. 5, 2024, s 25

1 Fire and Emergency Act 1996

The Act organises around several definitional and institutional primitives that determine who can act, where they can act, and what powers they have. The main concepts that structure the legal framework are:

Emergency and emergency response area. An emergency is an occurrence where an effective response is within the capacity and resources of the Fire and Rescue Service as determined by the Commissioner, and which causes or threatens loss of life, injury, property damage, public safety risk or environmental harm (s 3, definition of emergency). Emergency response areas are declared by Gazette notice by the Minister for the purposes of the Act (s 4). The geographic designation constrains many prohibitions, notably the general prohibition on lighting fires in the open air (s 28), and the scope of strategic burn‑offs permitted to reduce hazard (s 25(1)(b)).
Membership and command. The Act defines members to include employees, auxiliary members and volunteer members (s 3). The Commissioner has overall responsibility for the Fire and Rescue Service (s 7(4)), and the Chief Officer has operational responsibility subject to the Commissioner (s 8-9). The incident commander concept centralises authority at an active scene: one incident commander must be recognised at any incident and that person has broad command powers (s 19-21). The Commissioner may appoint incident commanders for particular incidents, classes of incidents, areas or periods (s 19(3)-(6)).
Incident powers. The incident commander may enter and, if necessary, force open land, buildings, vehicles or vessels; seize and retain property; take possession; pull down or destroy buildings or walls; close streets; order evacuation; redirect water and shut off utilities; and light precautionary fires (s 20(2)(a)-(ma)). Members and police officers can also act without authority of the incident commander in certain urgent circumstances (s 20(3)-(4)). The Act expressly declares that taking power to use water or interrupt utilities will not render the supplier liable for penalty or damages (s 20(5)).
Investigatory powers. Fire investigators, appointed by the Commissioner, receive identity cards and possess powers to request personal particulars, enter, search and seize where they suspect an offence in relation to the fire (s 22-23). The Commissioner, a fire investigator, a member or an authorised person may search debris and remove material that may prove origin of a fire and may retain possession of land or material until a Coroners Act inquest is held or for a reasonable period (s 24).
Prevention, inspection and hazard reduction. The Chief Officer or an authorised person may enter places to determine compliance with fire prevention law, inspect for hazards and conduct strategic burn‑offs in emergency response areas (s 25(1)). Where a hazard is found, the Chief Officer may serve a notice on owner or occupier to remove the hazard with specified action and time (s 25(2)-(4)). Failure to comply authorises the Service to take action and recover costs as a debt and sometimes as a statutory charge over land (s 25(5)-(6)). Regulations can prescribe classes of buildings requiring regular inspection and impose owner/occupier obligations (s 27A).
Restrictions on fires and permit regime. The Act imposes a general prohibition on lighting fires in the open air within an emergency response area (s 28). Lawful exceptions are limited and include activities under a permit (s 29). Permits are issued by the Commissioner (s 30); false or misleading information in permit applications and contravention of permit conditions are criminal offences (s 30(6)).
Liability and enforcement mechanisms. The Act supplies offences for a range of acts (ss 35-40), penalties including default maximum penalties (s 52), recovery of fees and charges where the Service attends incidents (s 43), statutory charges on land for unpaid costs (s 25(6), s 43(6)), and specific corporate officer liability for some declared provisions (s 49). Prosecutions may be commenced only by the Commissioner or an authorised person (s 51(1)). The Act uses evidential certificates by the Commissioner in proceedings (s 50).
Delegation and administrative instruments. The Minister and Commissioner may delegate powers in writing (s 10). The Commissioner may issue general orders (s 17) and approve forms (s 8A). The regulation‑making power (s 54) covers a wide range of detailed matters, including prescribing classes of buildings (s 27A), prescribing offences, and adopting external documents.

These concepts create a statutory architecture where centralised operational control, broad scene powers and statutory cost recovery combine with regulatory inspection and penal tools to influence behaviour of owners, occupiers, businesses storing flammable goods and the general public. The Act places the Commissioner at the hub of declaration, permit and enforcement decisions, but preserves coordination and linkages with other laws (s 7(5)(d)).

The Act identifies multiple categories of persons and entities who are directly regulated, whose legal position changes, or who have decision rights under the regime. Principal affected groups are:

The Commissioner and senior officers. The Administrator appoints the Commissioner (s 7(1)). The Commissioner is given management and operational responsibilities (s 7(4)-(6)), the power to issue general orders (s 17), to appoint fire investigators (s 22), to declare fire ban days (s 31), to grant permits (s 30), and to enter into contracts and agreements (s 7(5)(e)-(h)). The Chief Officer has operational responsibility subject to the Commissioner (s 8-9).
Members of the Fire and Rescue Service. Employees, auxiliary members (appointed under s 13) and volunteer members (appointed under s 14) are subject to directions, duties and general orders, must attend incidents as determined by the Commissioner (s 18), and must follow the command structure (s 16, s 19). Auxiliary members are paid according to a Ministerial scale (s 13(2)); volunteer members must not be paid (s 14(2)). Members are afforded statutory protections from civil actions for acts done in good faith under the Act (s 47).
Owners and occupiers of land and buildings. Owners and occupiers carry obligations to comply with hazard reduction notices (s 25(2)-(4)), to extinguish unlawful fires on their land (s 33), and may be liable to pay costs and damages where failure to comply caused or contributed to a fire or emergency (s 27). Owners and occupiers can be subject to statutory charges on land for costs of hazard reduction actions or fees and charges where the Service attends (s 25(6), s 43(6)). Where regulations prescribe classes of buildings for regular inspection (s 27A), owners and occupiers of those buildings will have specific safety obligations and may face offences for failing to comply with directions (s 27A(3)).
Persons who cause or contribute to fires. The Act criminalises starting fires negligently or unlawfully (s 28-36). Persons who light fires in open air in an emergency response area without a permit or outside lawful exceptions commit offences (s 28-29; s 30(6) for permit breaches). A person is taken to light a fire if they aid or permit another to do so, which imports tertiary liability on owners and occupiers (s 3(2)).
Executive officers of corporations. Section 49 imposes criminal liability on executive officers when the body corporate commits a "relevant offence" (defined to include s 25(4), 27A(3), 30(6) and prescribed regulations). The Act makes this a regulatory offence with statutory defences if the officer was not in a position to influence conduct, took reasonable steps to prevent contravention, or could not reasonably have known of the contravention (s 49(1), (3)).
Businesses that store flammable or combustible materials. The Act targets storage of explosive, flammable or combustible material by giving inspectors and the Chief Officer power to enter, inspect and serve notices, and by enabling regulatory controls on sale, use and possession of notified articles (s 25(1)(c), s 41). The Dangerous Goods Act 1998 and relevant WHS Regulations are cross‑referenced in the Act’s definition of hazardous material (s 3).
Suppliers of essential utilities and private alarm monitoring firms. The Act provides that a supplier of water or electricity is not liable for interruption caused by powers exercised at incidents (s 20(5)). Alarm monitoring agreements with the Commissioner can shift liability for false alarms or attendance charges to the occupier if an agreement exists (s 43(5)).
The public and voluntary participants. The Act contemplates members of the public who voluntarily assist at incidents being controlled by the incident commander (s 20(1)(b), (2)(p)). It also provides limited protection to employees who are absent from work while performing fire duties from dismissal or loss of employment benefits (s 15).
Law enforcement and coronial authorities. Police officers are required to assist incident commanders as reasonably required (s 21(2)). The Act interfaces with coronial processes by allowing possession of premises or material to be retained pending an inquest under the Coroners Act 1993 (s 24(2)(b)(i)).

In addition to these direct groups, the Act affects suppliers and contractors that may be engaged under the Commissioner’s contracting powers (s 7(5)(f)-(h)). The broad regulation‑making power (s 54) and the power to Gazette notices (s 4, s 41) allow the Executive to target further classes of persons or activities by subordinate instrument, so the circle of affected persons is expandible.

The Act sets out explicit duties for statutory officers, members, owners and occupiers, as well as rights and procedural protections. Those duties and rights are central to operational compliance and enforcement.

Duties of the Commissioner and Chief Officer

Commissioner: appointed by the Administrator and subject to any written Ministerial directions (s 7(1), (3)). The Commissioner must make provision in emergency response areas for effective response so far as capacity and resources permit, ensure the Service is maintained and in operational readiness, review efficiency and effectiveness, foster cooperation with relevant agencies including the Bushfires Council and the Northern Territory Emergency Service, and enter into agreements and contracts to assist the Service (s 7(5)(a)-(h)). The Commissioner may also issue general orders (s 17), grant permits (s 30), declare fire ban days (s 31), appoint fire investigators (s 22), and approve forms (s 8A).
Chief Officer: appointed by the Commissioner with operational responsibility subject to Commissioner directions (s 8-9). The Chief Officer has powers necessary to perform the functions and, with authorised persons, may exercise inspection and entry powers for hazard reduction (s 25).

Duties of members

Attend incidents as determined by the Commissioner and proceed promptly with available equipment when a call is received (s 18).
Obey lawful instructions from higher ranked members or members in command (s 16(2)).
Return Service property on ceasing to be a member (s 37).
Maintain confidentiality: not publish or communicate information obtained during duty unless authorised (s 38).

Powers and duties of the incident commander

Control and responsibility for extinguishing or controlling fires and dealing with emergencies, commanding members and directing volunteers (s 19(1), s 20(1)).
A list of operational powers at or immediately after incidents including entry, seizure, demolition, removal, redirection of water, interruption of utilities, ordering evacuation, and lighting precautionary fires (s 20(2)(a)-(ma)).
The exercise of the powers and functions under s 20 is conclusive evidence of authority, and no person shall be required to inquire whether the occasion for the action had arisen or ceased (s 20(7)).

Duties of owners and occupiers

Take reasonable steps to extinguish or control an unlawful fire burning on their land and report the fire to a member or police officer if they cannot extinguish it (s 33).
Comply with hazard reduction notices requiring specified action in a specified time (s 25(2)-(4)). Failure permits the Service to take action and recover costs (s 25(5)-(6)).
On fire ban days and in emergency response areas, do not light fires in the open air unless permitted (s 28, s 31-32).
Owners and occupiers can be required to ensure building safety and training where a building is in a prescribed class under regulations (s 27A).

Rights and procedural protections

Review right for persons served with a notice under s 25(2): an application for review to the Commissioner must be made in writing within the shorter of 3 days or the compliance period in the notice; the Commissioner must decide to confirm, amend or cancel the notice and operation of the notice is suspended pending decision unless imminent danger exists and the Commissioner refuses to consider the application (s 26(1)-(6)).
For executive officers prosecuted under s 49, defences include inability to influence the body corporate, taking reasonable steps to prevent the contravention, or lack of knowledge and inability to reasonably expect knowledge (s 49(3)).
Member protection from civil suit: no action can be brought against a member for damages arising out of anything done or omitted in good faith under the Act (s 47).
Evidence certificates signed by the Commissioner provide prima facie proof of matters like the existence of a permit, fire ban day, service of a notice, emergency response area status or member status (s 50).

Authorities and limits on enforcement powers

Powers of entry, seizure and retention are qualified by reasonableness and, for hazard reduction inspections, by time (any time for strategic burn‑offs in emergency response areas, reasonable times for inspections generally) and by the requirement to serve a notice when a hazard is found (s 25(1)). Where the Chief Officer or authorised person acts to remove a hazard after notice noncompliance, costs become a debt and potentially a statutory charge on land (s 25(5)-(6)).
Prosecutions for offences under the Act may only be commenced by the Commissioner or an authorised person (s 51(1)), centralising enforcement initiation.

These duties and rights create a framework that combines executive discretion in operational response and prevention with limited procedural protections for persons ordered to act. The Act directs obligations to owners and occupiers and allows for cost recovery and criminal sanctions where noncompliance contributes to fires or other emergencies.

The Act provides criminal penalties, regulatory offence designations, powers to recover costs as civil debts and statutory charges, and administrative enforcement mechanisms. Key enforcement features are:

Penalty structure

The Act sets a default maximum penalty for contraventions where no specific penalty is provided: 100 penalty units or imprisonment for 2 years (s 52). Several specific offences reference this matrix, and s 30(6) and others adopt categorical maximums in the same terms.
For continuing offences, a court may impose an additional penalty of up to 5 penalty units for each day the offence continues after the day it is committed (s 53).

Criminal and regulatory offences

The Act lists many discrete offences, including causing fire by discarding burning articles, interfering with notices, obstructing members, driving over hoses, interfering with firefighting equipment, tampering with hydrants or alarms and giving false alarms (s 35). Other offences include failing to extinguish a fire you lit (s 36), failing to return Service property on ceasing to be a member (s 37), unlawful publication of Service information (s 38), personation of a member (s 39), offering bribes to members (s 40), contravening notices served under s 25(2), contravening permit conditions (s 30(6)), and breaches of regulations and Gazette notices under s 41.
Section 49 creates criminal liability for executive officers when bodies corporate commit "relevant offences" (including s 25(4), 27A(3), 30(6) and prescribed regulations). The criminality is labelled a regulatory offence (s 49(2)), but the court must consider whether reasonable steps were taken by the officer to prevent contravention (s 49(3)-(4)). The maximum penalty is the maximum that could be imposed on an individual for the underlying relevant offence (s 49(1)).

Administrative enforcement and cost recovery

The Commissioner or authorised persons can serve hazard reduction notices requiring action to eliminate or reduce hazards and specify compliance times (s 25(2)-(3)). Noncompliance permits the Chief Officer or authorised person to take action and recover costs as a debt due to the Territory; where related to land, the cost may be a statutory charge on land under the Land Title Act 2000 (s 25(5)-(6)). Section 27 further makes a person who failed to comply with a hazard notice liable to pay the expense of extinguishment and damage caused by the fire or emergency if it occurs at or adjacent to the place, subject to the person proving the fire was not caused by their failure to comply (s 27(1)-(2)).
Fees and charges for attendance are recoverable as a debt (s 43(1)-(2)). Liability for fees usually rests with owners and occupiers of land or buildings affected (s 43(2)-(3)). Fees may be payable by the caller where a Service responds to a call and there is no fire (s 43(6)). Fees and charges can be made statutory charges on land (s 43(6)).
The Commissioner may seize articles or substances prohibited or regulated by Gazette notice under s 41(1) and enter land, vessels and structures to do so (s 41(3)).

Procedural and evidential tools

Prosecutions may be commenced only by the Commissioner or an authorised person (s 51(1)). This centralises prosecutorial control and may prevent private prosecutions.
Certificates purporting to be signed by the Commissioner are, in the absence of proof to the contrary, evidence of matters such as the existence of permits, fire ban days, service of notices, emergency response area status and member status (s 50). These certificates are designed to streamline evidentiary proof of executive acts.
The Commissioner may issue general orders which can govern internal discipline, training and operational procedures; these may be used to enforce standards internally (s 17).
Regulations can create further offences and designate regulatory offences (s 54(2)(k)). Regulations can also prescribe service and withdrawal procedures for notices and manage prescribed fees (s 54(2)(g)-(h)).

Protections for authorised actors

Members and persons acting in good faith are protected from civil suits for damages arising from acts or omissions performed in good faith in exercising powers or performing functions under the Act (s 47). The Act also declares the exercise of powers under s 20 to be conclusive evidence of authority to act, preventing third parties from litigating the authority context of those powers (s 20(7)).

Enforcement discretion

The Commissioner holds many enforcement choices: whether to prosecute, when to issue hazard notices, to grant or refuse permits (s 30(2)), to declare fire ban days (s 31), and to enter into contractual arrangements (s 7(5)(e)-(h)). The Act also allows delegation of powers by the Commissioner and the Minister (s 10), and the Commissioner may authorise publication of a Fire and Rescue Service Gazette (s 45) to publicise directions and notices.

In short, the Act combines criminal sanctions for specified conduct, administrative enforcement via notices and cost recovery, private liability rules including statutory charges over land, and centralised prosecutorial and evidentiary mechanisms vested in the Commissioner and authorised persons.

The Act explicitly and implicitly intersects with a number of other statutes, regulatory instruments and legal regimes. Where the text refers to other instruments, it typically either adopts their definitions, preserves their operation, or directs cooperation between agencies.

Statutory cross‑references and coordination

Bushfires Management Act 2016: The Commissioner has a statutory duty to make provision for effective cooperation with the Bushfires Council established by section 21 of the Bushfires Management Act 2016 (s 7(5)(d)). That requires operational coordination where responsibilities overlap, particularly for bushfires and hazard reduction in rural or semi‑rural areas.
Emergency Management Act 2013: The Commissioner must make provision for cooperation with the Northern Territory Emergency Service as defined in s 8 of the Emergency Management Act 2013 (s 7(5)(d)). This coordinates broader emergency management functions across agencies.
Coroners Act 1993: The Act permits retention of land, buildings, vehicles, vessels or material until an inquest under the Coroners Act 1993 has been held (s 24(2)(b)(i)). Thus fire investigations may pause or defer property release pending coronial inquiries.
Dangerous Goods Act 1998 and Work Health and Safety (National Uniform Legislation) Regulations 2011: The Act’s definition of hazardous material expressly encompasses dangerous goods as defined in the Dangerous Goods Act 1998 and hazardous chemicals as defined in the WHS Regulations 2011 (s 3). Inspectors acting under this Act may therefore rely on standards and offences under those regimes when dealing with hazardous materials.
Land Title Act 2000: The Act makes certain recovery amounts a statutory charge on land and refers to the statutory charge concept in section 4 of the Land Title Act 2000 (s 25(6), s 43(6)). This interaction affects remedies and security for unpaid costs.
Public Sector Employment and Management Act 1993: The definition of member includes employees within the meaning of the Public Sector Employment and Management Act 1993 (s 3). Personnel management, pay and conditions for employees therefore intersect with that public sector legislation.
Corporations Act (and consequential amendments): Section 49, dealing with executive officer liability for corporate contraventions, follows the model of directors’ liability provisions and is linked to transitional amendments noted in the endnotes. The Act’s machinery for executive officer liability mirrors similar approaches in other regulatory regimes.

Administrative law and criminal procedure interfaces

The Commissioner’s decision‑making is administrative subject to statutory limits, including the review regime for notices under s 26. Decisions such as permit grants (s 30), fire ban declarations (s 31) and the issuance of hazard notices (s 25) are administrative acts that would be reviewable in the normal way, subject to the Act’s internal review mechanisms and the common law and judicial review regimes.
Evidence certificates signed by the Commissioner carry statutory weight in prosecutions under this Act (s 50). This reduces evidentiary burdens in criminal proceedings but remains subject to the accused’s right to produce contrary evidence.

Regulations and incorporation

The Act delegates substantial detail to subordinate instruments. Section 54 allows regulations to adopt or incorporate documents (s 54(2)(j)), prescribe classes of buildings for inspection (s 27A), fix fees and charges (s 43(7)), and declare offences by regulation (s 54(2)(k)). The substance of many compliance obligations will therefore often be found in regulations or incorporated documents, not solely in the Act.

Insurance and policy interaction

Section 42 provides that damage caused by the Commissioner, a member or a police officer exercising powers under this Act will be treated as damage covered by the owner’s insurance policy notwithstanding contrary clauses. This interacts with insurance contract law by overriding terms that might exclude such damage from coverage.

Operational coordination and contractual arrangements

The Commissioner may enter into contractual arrangements for provision of fire services and ancillary services and for provision of training and public awareness programs (s 7(5)(f)-(h)). These powers interact with procurement rules, public contracting obligations and any competitive frameworks for providing such services.

Transitional and amendment interactions

The Act has been amended multiple times and contains transitional provisions that bring prior roles and actions into continuity with new office titles and structures. For example, the Fire and Emergency Legislation Amendment Act 2024 made structural amendments and provided transitional arrangements for positions previously titled Chief Fire Officer (pt 9, ss 56-58). The endnotes cross‑reference numerous amending Acts and indicate that statutory form and interpretations have shifted over time.

Taken together, the Act is not a stand‑alone code. Its practical application will frequently require cross‑reference to the Bushfires Management Act, the Emergency Management Act, the Coroners Act, the Dangerous Goods Act, WHS laws, the Land Title Act and subsidiary regulations. Compliance and enforcement strategies must therefore account for obligations, powers and remedies that are distributed across multiple statutory instruments.

The Act as provided includes a detailed endnotes section listing amending Acts and specific sections affected. The legislative history in the reprint covers enactment and a sequence of amendments; the most relevant entries are these statutory milestones:

Enactment: Fire and Emergency Act 1996 (Act No. 14, 1996), assent 19 April 1996; commenced 1 May 1996 (endnotes).
Subsequent substantive amending Acts listed in the endnotes include:
- Land Title (Consequential Amendments) Act 2000, commenced 1 December 2000 (endnotes, item 2); amendments affect s 25 and the statutory charge aspects.
- Corporations Reform (Consequential Amendments NT) Act 2001, commenced 15 July 2001 (endnotes).
- Fire and Emergency Amendment Act 2004 (Act No. 22, 2004), assent 28 April 2004, commenced 28 July 2004 (endnotes). This Act amended s 3, s 4, s 6, s 8, s 25 and others.
- Fire and Emergency Legislation Amendment Act 2009 (Act No. 39, 2009), assent 15 December 2009, commenced 24 February 2010; it inserted s 24A and made other amendments (endnotes).
- Fire and Emergency Amendment Act 2010 (Act No. 49, 2010), assent 13 December 2010, with parts commencing 1 July 2011; it made substantial structural and drafting amendments across many sections (endnotes).
- Work Health and Safety (National Uniform Legislation) Implementation Act 2011, commenced 1 January 2012, cross‑referenced in definitions (endnotes).
- Emergency Management Act 2013, commenced 27 November 2013, which affected s 8 and related cross‑references (endnotes).
- Statute Law Amendment (Directors' Liability) Act 2015, inserted s 49 regarding executive officer liability; commenced 14 October 2015 (endnotes).
- Bushfires Management Act 2016, commenced 1 November 2016, affected provisions including s 8 and operational coordination (endnotes).
- Fire and Emergency Legislation Amendment Act 2024 (Act No. 5, 2024), assent 14 March 2024, commenced 16 July 2024. This amending Act made structural substitutions including replacing the title Chief Fire Officer with Chief Officer (pt 9, ss 56-58) and added s 7A for Acting Commissioner and other changes (endnotes). The reprint’s table of provisions and notes reflect the 2024 amendments.
- Statute Law Revision and Repeals Act 2026 (Act No. 3, 2026), assent 9 February 2026, commenced 10 February 2026; the reprint is stated to be current as in force at 10 February 2026 (endnotes).

The reprint’s List of Amendments maps specific sections to the amending Acts. Noteworthy structural changes:

Insertion of section 24A (Definitions for Division 3) by the 2009 Amendment (No. 39, 2009).
Addition of executive officer liability (s 49) by the Statute Law Amendment (Directors' Liability) Act 2015 (No. 26, 2015).
2024 amendments replaced some officer titles and updated operational functions, including substitution of sections 7, 8 and related provisions and insertion of s 7A (Acting Commissioner). The reprint specifically notes the 2024 Act altered s 7, s 8 and s 9 and made consequential changes elsewhere (endnotes and List of Amendments).

Transitional provisions

The Act contains transitional matters implementing the Fire and Emergency Legislation Amendment Act 2024: the person who immediately before commencement was the Chief Fire Officer is taken to be the Chief Officer (s 57). Actions, agreements and arrangements made by the Director or Chief Executive Officer and by the Chief Fire Officer prior to commencement are taken to be those of the Commissioner or Chief Officer respectively after commencement (s 58).
For the 2015 directors’ liability amendments, s 55 provides transitional rules limiting the application of the new s 49 to conduct occurring after commencement, preserving the prior section for conduct prior to that date (s 55).

Administrative and formal revisions

The Interpretation Legislation Amendment Act 2018 made formal amendments to sections 1, 3, 5, 8, 24, 25 and 43 of a formal drafting nature (endnotes, item 3).
The List of Amendments included in the reprint specifies particular subsections renumbered, substituted or amended over time and shows that many operational provisions have been iteratively refined across the 2000s and 2010s.

Practical consequence of amendment history

The Act’s core framework remains intact since 1996, but the 2010s and 2024 amendments focused on modernising titles, clarifying investigatory and hazard reduction powers, adding executive officer liability and improving coordination with other emergency regimes. The 2024 changes redefined some offices and inserted transitional protections to ensure continuity.

For an accurate compliance or advisory exercise, practitioners should read the Act together with the current regulations and the specified amending Acts listed in the endnotes, because much of the operative detail (classes of buildings, prescribed offences, fees and exact administrative practices) will be carried in subordinate instruments enacted under s 54.

The reprinted Act does not include or refer to any judicial decisions, and the text contains no case names or summaries. There is therefore no litigation history recorded in the instrument itself. Absent case law in the source, the Act’s operational contours should be understood as statutory in nature, with the following procedural and evidentiary features relevant to potential litigation:

Centralised prosecutorial control: prosecutions for offences under the Act may be commenced only by the Commissioner or an authorised person (s 51(1)). This means private prosecution is not contemplated by the Act and any recorded litigation in the criminal sphere will typically be initiated by those state actors.
Evidence certificates: s 50 allows the Commissioner to produce certificates on matters such as the existence of permits, fire ban days, or that a place was in an emergency response area. These certificates are prima facie evidence of those facts in proceedings, shifting the evidentiary burden to defendants to produce contrary proof.
Preservation for coronial review: s 24 permits retention of land and property until a coronial inquest under the Coroners Act 1993 is held. This creates an administrative pause that might affect civil proceedings relating to property recovery or evidence gathering.
Executive officer liability: s 49 contains a statutory framework for liability of executive officers of bodies corporate. Any litigation under that section will be governed by the statutory defences and the court’s consideration of reasonableness in prevention steps (s 49(3)-(4)).
Civil protections for members: s 47 removes civil liability for members acting in good faith exercising powers under the Act. Civil claims for damages will need to navigate this statutory protection.

Because the reprint provides no case law, a practitioner seeking litigation precedents must search case databases for Northern Territory decisions interpreting the Act, especially with respect to:

The scope and reasonableness of incident commander powers in s 20,
The extent and limits of entry and seizure powers under ss 23-25,
The application of s 49 corporate officer liability and what constitutes "reasonable steps" under s 49(4),
The interaction of hazard notices, cost recovery, and statutory charges against land under s 25(6) and s 43(6).

In the absence of reported authorities in the text, it is not possible from this source to identify how courts have resolved contested issues under the Act. Practitioners should therefore treat the Act as a statutory baseline and conduct targeted case law research to identify judicial interpretation and enforcement patterns in the Northern Territory.

The Act contains several provisions where practical application, discretion, or timing creates compliance traps or operational risks. These are not evaluations but pointed flagging of statutory mechanics that commonly produce enforcement or commercial consequences.

Centralised prosecutorial control and evidential certificates

Prosecutions must be commenced by the Commissioner or an authorised person (s 51(1)). That centralisation can result in a single agency deciding whether to prosecute or to rely on administrative recoveries, potentially affecting remedies available to aggrieved private parties.
Certificates signed by the Commissioner are prima facie evidence of important factual matters (s 50). Defendants should be prepared to rebut such certificates with documentary or other evidence.

Broad discretion for declarations and bans

The Minister can declare emergency response areas by Gazette notice (s 4). The Commissioner may declare fire ban days (s 31). The timing and scope of such declarations are discretionary and may change compliance obligations quickly in particular locales. Businesses and occupiers need to monitor Gazette notices and Commissioner announcements because s 28 and s 32 create strict prohibitions in emergency response areas and on fire ban days.

Incident powers and irretrievable actions

Incident commanders may force entry, pull down or destroy structures, and order the use or disruption of utilities (s 20(2)(a), (b), (h), (k), (m)). The cost of demolition or shoring up is a debt due from the owner (s 20(6)). These powers permit immediate, irreversible action which can create substantial unilateral costs and potential disputes over necessity and proportionality, although s 20(7) treats the exercise of the power as conclusive evidence of authority to act.

Short review timelines for hazard notices

A person served with a hazard notice under s 25(2) has a very short time to apply for review: the shorter of 3 days after service or the period for compliance specified in the notice (s 26(2)(c)). Practitioners advising owners/occupiers must act immediately to seek review or prepare for compliance, and should be prepared for the Commissioner to refuse to consider the review application where the danger is assessed as imminent (s 26(5)).

Cost recovery and statutory charges on land

Costs of hazard remediation undertaken by the Service for noncompliance become debts and, for actions related to land or a building, may become statutory charges on the land (s 25(6)). Fees for attendance are also recoverable and may become statutory charges (s 43(6)). Owners and occupiers should be alert to the risk of encumbrances appearing on title where they fail to comply or cannot pay.

Executive officer liability traps

Section 49 extends liability to executive officers for certain declared offences committed by their corporations. The statute makes the liability a regulatory offence and provides defences requiring evidence of reasonable steps taken to prevent contravention (s 49(3)-(4)). Corporations and officers should document compliance systems, risk assessments and training; the statutory factors to be considered by courts are enumerated and the adequacy of steps will be judged objectively.

Permit application and false information offences

Permit applicants can apply orally or in writing (s 30(1)), but s 30(6) criminalises providing false or misleading information in an application and contravening permit conditions. Because permits may be granted with conditions and are in the approved form (s 30(5)), failure to observe conditions or inaccurate information can attract criminal penalties.

Overlap and uncertain boundaries with other regimes

The Act cross‑references other statutes such as the Dangerous Goods Act and WHS Regulations for "hazardous material" (s 3). There may be multiple overlapping regulatory obligations for storage, transport and handling of hazardous material. Entities dealing with dangerous goods must comply with both regimes; tensions may arise in enforcement, inspection timing and standards applied.

Regulations can expand liability and obligations

The Act delegates significant content to regulations including the power to prescribe classes of buildings for inspection, prescribe offences and incorporate external documents by reference (s 27A, s 54(2)(j), (k)). Non‑compliance risk may therefore arise from subordinate instruments that create new obligations; regular checks for regulatory updates are necessary.

Member confidentiality and information flow

Members must not, without reasonable cause, disclose facts or documents acquired during duties (s 38). This rule affects evidence handling and public disclosure, which can complicate litigation or freedom of information claims without an authorised disclosure path.

Insurance interplay

The Act deems property damage caused by authorised acts under the Act to be within an owner’s insurance coverage notwithstanding contrary policy clauses (s 42). That creates interplay with insurers and potential disputes over scope and valuation of such damage.

Prosecution policy and public notice

The Commissioner must cause fire ban declarations to be published "in such a manner as the Commissioner thinks fit" (s 31(3)). The manner of public notice may affect whether members of the public can be fairly held to have known of prohibitions. Practitioners should question sufficiency of notice in any defence or mitigation argument where appropriate.

In practical terms, these "gotchas" advise immediate, documentary, and procedural caution: monitor Gazette and Commissioner publications, respond quickly to hazard notices, document compliance systems for corporate officers, maintain effective alarm monitoring agreements where used, and manage storage of flammable materials in line with both this Act and other relevant laws.

Compliance under this Act is a function of timely monitoring of executive instruments, operational preparedness, documented systems, and targeted responses to notices and obligations. Below are practical, source‑grounded steps tailored to different actors: owners/occupiers of land and buildings, corporations and executive officers, businesses handling hazardous materials, and event/permit organisers.

Owners and occupiers of land and buildings

Monitor emergency response area designations and fire ban day declarations. The Minister may declare emergency response areas by Gazette notice (s 4) and the Commissioner may declare fire ban days by written notice, with publication as the Commissioner thinks fit (s 31(1), (3)). Arrange subscriptions or checks of the Territory Gazette and Commissioner announcements.
Maintain fire safety and training for prescribed classes of buildings. If your building is in a class prescribed under s 27A, the regulations may impose inspection and training obligations; ensure regulatory compliance and maintain records of inspections, maintenance and staff training.
Respond promptly to hazard notices. If served under s 25(2), the notice will specify the action and time for compliance. Either comply within the specified time or immediately apply for a review to the Commissioner in writing, within the shorter of 3 days or the compliance period (s 26(2)). Prepare evidence and legal submissions in case of an imminent danger refusal (s 26(5)).
Keep neatly documented evidence of compliance steps, contractors engaged, and dates of remedial action. Where the Service takes action due to noncompliance, costs become a debt and may be a statutory charge on the land (s 25(6)). Records support objections to such charges or proof that noncompliance did not cause the fire (s 27(2)).

Corporations and executive officers

Implement and document active compliance programs that address declared provisions in the Act. Section 49(4) lists factors the court will consider in deciding whether an executive officer took reasonable steps to prevent contraventions: arranging regular professional compliance assessments, implementing recommendations, ensuring employees, agents and contractors have reasonable knowledge, and actions taken when aware contravention could happen. Create and keep contemporaneous records of these activities.
Ensure procurement and contractors engaged for fire safety or alarm monitoring have written agreements that clarify monitoring responsibilities. The Commissioner may enter agreements to monitor alarms; where such an agreement exists with an occupier, the occupier may be liable for fees where there is no fire (s 43(5)). Contractual clarity can prevent unexpected liabilities.
Train directors and senior management on the Act’s obligations and the executive officer defences under s 49(3)-(4). Demonstrable knowledge and documented steps will be central to any defence.

Businesses handling hazardous materials

Review storage and handling against the Act’s definition of hazardous material which incorporates Dangerous Goods Act definitions and WHS regulations (s 3). Where the Chief Officer or authorised person reasonably suspects explosive, flammable or combustible material is present, they may enter and inspect at any time (s 25(1)(c)); pre‑emptive compliance reduces inspection risks.
Maintain up‑to‑date safety data sheets, compliant storage facilities, fire suppression systems, and training for staff. If the Service issues a hazard notice related to storage arrangements (s 25(2)), follow notice requirements precisely or seek an expedited review.
Check for any Gazette notices under s 41 that prescribe restrictions on sale, use or possession of notified articles potentially affecting your products.

Event organisers and fire permits

Apply for permits to light fires in the open air in emergency response areas where required (s 30(1)-(2)). A permit may be oral or in writing, but must be in the approved form and may be subject to conditions (s 30(5)). Keep a copy of the permit and a record of any conditions; contravention is an offence with a heavy maximum penalty (s 30(6)).
For meal preparation or personal comfort exemptions under s 29(b), check the Regulations to verify the specified requirements and confirm compliance.

Members, auxiliary and volunteer staff

Attend incidents as directed and obey lawful instructions from higher ranks (s 18(1), s 16(2)). Maintain possession and return of Service property to the Commissioner on leaving (s 37).
Observe confidentiality rules for information received in the course of duty (s 38).

All operators and persons at risk

Keep records of communications with the Service and dates of any notices, remedial actions taken, and correspondence around compliance and permissions. The Act’s short review windows and the Commissioner’s discretion make contemporaneous records crucial.
Instalment of alarm systems and choice of monitoring arrangements should be made with an understanding of liability default provisions in s 43(4)-(6). Where possible, enter into formal monitoring agreements with the Service if that reduces exposure.

Regulatory vigilance and engagement

Regularly check the Regulations enacted under s 54 for prescribed classes of buildings, fees, forms, and any new regulatory offences. Regulations can significantly expand compliance obligations by prescribing classes of buildings (s 27A), setting fees and penalties (s 43(7), s 54(2)(g)), and incorporating standards (s 54(2)(j)).
Where the Commissioner is exercising powers to enter and conduct strategic burn‑offs (s 25(1)(b)), seek to be informed and to coordinate to reduce property disruption and to manage smoke or environmental impacts.

Dispute and litigation preparation

If subject to enforcement action, immediately obtain the notice, record the exact compliance period, and prepare a review application to the Commissioner within the statutory timeframe (s 26). Assess whether the issue involves imminent danger which could lead the Commissioner to refuse consideration (s 26(5)) and consult counsel without delay.
Where costs or statutory charges have been imposed, gather evidence that the noncompliance did not cause the fire, or challenge liability on causation grounds as permitted by s 27(2).

These steps emphasise proactive risk management, fast response to notices, careful documentation and contractual clarity. Because many obligations and penalties hinge on subordinate instruments, compliance requires continuous monitoring of Gazette notices, Commissioner announcements and Regulations made under s 54.

Fire and Emergency Act 1996

Plain English Summary

Deep Dive

What it does

Current sections

Fire and Emergency Act 1996

Source text: opening excerpt

1 Fire and Emergency Act 1996

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply