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