Part 6Miscellaneous

Part 6—Miscellaneous 124—Investigations (1) An authorised officer may, with or without assistance— (a) enter and inspect any land, building, structure, vehicle or other place for the purpose of determining the cause of a fire or other emergency; (b) take possession of any land, building, structure, vehicle or other thing for the purpose of any investigation or inquiry into the cause of a fire or other emergency; (c) remove any object, material or other thing that may tend to establish the cause of a fire or other emergency; (d) retain possession of any object, material or other thing for the purpose of any investigation or inquiry into the cause of a fire or other emergency. authorised officer means— (a) an officer or other member of an emergency services organisation, authorised by the Chief Officer of the emergency services organisation to act as an authorised officer under this section; or (b) a police officer; or (c) some other person authorised by the Commission to act as an authorised officer under this section. 125—Obstruction etc (1) A person must not hinder or obstruct a member of an emergency services organisation or any other person in the exercise or performance of any power or function under this Act (including a person acting under the authority of, or complying with an order given by, a person or a court under this Act). (a) a person is given a direction by a person exercising a power or function under this Act; and (b) the person, without lawful excuse, fails to comply with the direction; and (c) no other offence is specifically prescribed with respect to such a failure, then the person is guilty of an offence under this subsection. 126—Impersonating an emergency services officer etc (1) A person must not falsely represent that he or she is a member of an emergency services organisation or other person with responsibilities under this Act. (2) A person must not, without lawful authority— (a) wear any insignia or special apparel issued to a member of an emergency services organisation for the purposes of this Act; or (b) use any special equipment issued to a member of an emergency services organisation for the purposes of this Act, in circumstances where to do so would lead to a reasonable belief that he or she was a member of an emergency services organisation. 127—Protection from liability (1) No civil or criminal liability will attach to a member of an emergency services organisation, a person appointed or authorised to act under this Act by the Commission, or other person for an honest act or omission— (a) in the exercise or discharge, or purported exercise or discharge, of a power or function under this Act; or (b) in the carrying out of any direction or requirement given or imposed at the scene of a fire or other emergency. (2) A liability that would, but for subsection (1), lie against a person lies instead against the Crown. (3) A person (the injured person) who suffers injury, loss or damage as a result of the act or omission of a member of an emergency services organisation who is a volunteer may not sue the member personally unless— (a) it is clear from the circumstances of the case that the immunity conferred by subsection (1) does not extend to the case; or (b) the injured person brings an action in the first instance against the Crown but the Crown then disputes, in a defence filed to the action, that it is liable for the act or omission of the member. (4) Without limiting subsection (1), no liability attaches to SACFS, the State Bushfire Coordination Committee, a bushfire management committee or a council (or the members of any of them) by virtue of the fact that a bushfire prevention plan— (a) has not been prepared under this Act in relation to a particular part of this State; or (b) has been so prepared but has not been implemented, or fully implemented. 127A—Employment A person who is absent from employment on official duties as a member of an emergency services organisation, in connection with a fire or other emergency, is not liable to be dismissed or prejudiced in employment by reason of that absence. 128—Exemption from certain rates and taxes All emergency services organisations are exempt from— (a) water and sewerage rates; (b) land tax; (c) the emergency services levy. 129—Power to provide sirens An emergency services organisation or a council may erect a siren in a suitable place for the purpose of giving warning of the outbreak or threat of a fire or the occurrence or threat of an emergency, and may test and use the siren. 130—Provision of uniforms A body within the emergency services sector may furnish its officers, members and employees with such uniforms and insignias as it thinks suitable. 131—Protection of names and logos official insignia means— (a) any logo declared by the Commission by notice in the Gazette to be a logo for the purposes of this section; and (b) any of the following (whether appearing or used in full or in an abbreviated form or alone or in combination with other words or symbols): (i) "South Australian Fire and Emergency Services Commission", "SAFECOM" and "SAFESC"; (ii) "South Australian Metropolitan Fire Service", "SAMFS" or "MFS"; (iii) "South Australian Country Fire Service", "SACFS" or "CFS"; (iv) "South Australian State Emergency Service", "SASES" or "SES"; (v) any other name, title or expression declared by the Commission by notice in the Gazette to be an official title for the purposes of this section; and (c) any combination of a logo under paragraph (a) and a name, title or expression under paragraph (b). (2) The Commission must not make a declaration under subsection (1) without the consent of the Minister. (3) A person must not, without the consent of the Commission, assume a name or description that consists of, or includes, official insignia. (4) A consent under this section— (a) may be given with or without conditions (including conditions requiring payment to the Commission); (b) may be given generally by notice in the Gazette or by notice in writing addressed to an applicant for the consent; (c) may be revoked by the Commission for breach of a condition, or for any other reasonable cause, by notice in writing given personally or by post to a person who has the benefit of the consent. (5) The Supreme Court may, on the application of the Commission, grant an injunction to restrain a breach of this section. (6) The court by which a person is convicted of an offence against this section may, on the application of the Commission— (a) order the convicted person to pay compensation of an amount fixed by the court to the Commission; (b) order the convicted person to surrender any item that bears any official insignia to the Commission. (7) Subsections (5) and (6) do not derogate from any civil remedy that may be available to the Commission, or any emergency services organisation, apart from those subsections. 132—Attendance by police (1) Police must, at the request of SAMFS, SACFS or SASES, attend at the scene of a fire or other emergency in order to preserve order or to assist at the scene. (2) A police officer attending at the scene of a fire or other emergency may— (a) remove to such place as the police officer thinks fit any person who obstructs or threatens to obstruct any operations under this Act; and (b) act to co-ordinate operations at the scene of the fire or other emergency; and (c) exercise any other power or function that appears to be necessary or desirable in the circumstances. 133—Disclosure of information (1) A member of an emergency services organisation, a fire prevention officer, a fire control officer, a police officer or an authorised officer may direct a person who he or she reasonably suspects has committed, is committing or is about to commit, an offence against this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity. (2) A person to whom a direction is given under subsection (1) must immediately comply with the direction. (3) In this section— authorised officer means a person authorised by the Commission (either personally or by the designation of a class of persons) to exercise the powers of an authorised officer under this section. 134—Unauthorised fire brigades (1) A person must not, without the approval of the Commission or the Chief Officer of SACFS, be a member of a fire brigade in the country that is not an SACFS organisation. Maximum penalty: $1 250. fire brigade means a group of people equipped to deal with fires on behalf of a local community. 135—Interference with fire plugs, fire alarms etc A person must not without reasonable excuse— (a) conceal, remove, damage, interfere with or obstruct access to— (i) a fireplug, hydrant, booster or suction point; or (ii) a mark or sign used for the purpose of indicating the presence or position of a fireplug, hydrant, booster or suction point; or (iii) a fire alarm or signalling device for giving notice of fire or other emergency; or (b) give a false alarm of fire or other emergency. 136—False or misleading statements A person must not, in furnishing information under this Act, make a statement that is false or misleading in a material particular. 137—Continuing offences (1) If a person is convicted of an offence against this Act and after that conviction the act or omission of that person that constituted the offence continues, the person is guilty of a further offence, and is liable to an additional penalty for each day on which the act or omission continues of an amount not exceeding one-tenth of the maximum penalty for the offence of which the person was convicted. (2) For the purposes of subsection (1), an obligation to do something is to be regarded as continuing until the act is done, notwithstanding that any period within which, or time before which, the act is required to be done, has expired or passed. 138—Offences by body corporate (1) If a body corporate is guilty of an offence against this Act (other than an offence against the regulations), each director and the manager of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person if the prosecution proves that— (a) the director or manager (as the case may be) knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and (b) the director or manager (as the case may be) was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and (c) the director or manager (as the case may be) failed to exercise due diligence to prevent the commission of the offence. (2) Subsection (1) does not apply if the principal offence is an offence against section 40, 79, 87, 89, 91, 125, 126, 131, 133, 134, 135, 136 or 142. (3) A person may be prosecuted and convicted of an offence under this section whether or not the body corporate has been prosecuted or convicted of the offence committed by the body corporate. (4) The regulations may make provision in relation to the criminal liability of a director or manager of a body corporate that is guilty of an offence against the regulations. 139—Onus of proof In any proceedings for an offence against this Act in which it is established that the defendant lit or maintained a fire during the fire danger season or on a day on which a total fire ban was imposed, the onus lies on the defendant to prove some lawful authorisation to light or maintain the fire. 140—Evidentiary An allegation in any proceedings under this Act that on a particular date or during a particular period— (a) a specified person was or was not the owner or occupier of specified land; or (b) a specified person was the holder of a specified delegation or authority under this Act; or (c) a specified person was or was not a member of an emergency services organisation, a fire prevention officer, a fire control officer or another officer appointed under this Act; or (d) a specified order, direction or requirement under this Act was in force; or (e) a specified person was not the holder of a specified permit under this Act, must, in the absence of proof to the contrary, be accepted as proved. 141—Insurance policies to cover damage (1) A policy of insurance against damage or loss of property caused by a specified kind of emergency will be taken to extend to damage or loss arising from measures taken by a person acting in pursuance of an authority conferred by or under this Act at the scene of an emergency of the specified kind. (2) A term of a policy of insurance that purports to vary or exclude the operation of subsection (1) is void. 142—Payment of costs and expenses for certain vessels and property (1) If an SAMFS fire brigade, an SACFS brigade or an SASES unit attends at the scene of a fire or other emergency occurring on a prescribed vessel, the costs and expenses incurred in attending are recoverable by the relevant entity as a debt from the owner of the vessel and the owner of any personal property that is in the vessel at the time of the fire or other emergency. (2) If the owners of personal property are liable under subsection (1), the relevant entity— (a) must apportion the costs and expenses between the owner of the personal property and the owner of the vessel; and (b) must cause a written notice indicating the apportionment to be served on the owner of the personal property and the owner of the vessel. (3) A notice under subsection (2)(b) is final and binding on all parties. (4) The Crown is not, under any circumstances, liable to pay the costs and expenses referred to in this section or any part of such costs and expenses. (5) In any proceedings under this section, a certificate apparently signed by the Chief Officer of the relevant entity certifying the cost of the attendance is, in the absence of proof to the contrary, to be accepted as proof of the costs and expenses incurred in attending. (6) The Chief Officer of the relevant entity or an authorised officer may, without any warrant or authority other than this Act, distrain a vessel or the tackle or goods of a vessel in respect of which any costs and expenses are owed to the relevant entity pursuant to this section. (7) If the costs and expenses owed to the relevant entity pursuant to this section are not paid with 7 days after the distress, the relevant entity may cause the property distrained or any part of the property distrained to be sold, and out of the proceeds of the sale may pay the amount of the costs and expenses and the costs and expenses of the distress, keeping and sale to the relevant entity. (8) If the owner of the vessel or the owner of the personal property evades or attempts to evade the payment of the costs and expenses owed to the relevant entity, he or she is guilty of an offence. (9) In this section— authorised officer means a person authorised by the Chief Officer of SAMFS, the Chief Officer of SACFS or the Chief Officer of SASES; prescribed vessel means any vessel other than a vessel for which an emergency services levy under the Emergency Services Funding Act 1998 has been paid; relevant entity means— (a) in relation to an SAMFS fire brigade—SAMFS; (b) in relation to an SACFS brigade—SACFS; (c) in relation to an SASES unit—SASES. 143—Fees (1) An organisation within the emergency services sector may impose prescribed fees and charges in connection with the provision of any service of a prescribed kind undertaken in the performance of its functions. (2) The regulations may, for example, prescribe a fee or charge in connection with any of the following: (a) the attendance at any premises or place in response to a false or unwanted alarm; (b) the monitoring of any alarm or situation; (c) the provision of any advice or report; (d) the provision, inspection, testing, servicing or repairing of any plant or equipment; (e) the provision of assistance to clean-up any place after an accident or other incident involving the spillage or escape of any substance or material; (f) the performance of any recovery operations; (g) the conducting of any training course. (3) A fee or charge may be fixed by reference to any factor prescribed by the regulations. (4) The regulations may prescribe an additional fee, or a method for the calculation of an additional fee, for the late payment of prescribed fees and charges generally, or of any particular prescribed fees or charges. 144—Services (1) An emergency services organisation may permit any fire brigade, brigade or unit within the organisation (as the case may be) to be engaged on special service at such remuneration and on such terms as the emergency services organisation may determine. (2) Without limiting subsection (1), a fire brigade, brigade or unit may undertake by agreement with the owner or occupier of land to clear bush, grass or other flammable material from the land, or to undertake any other work on the land, for the purpose of preventing or inhibiting the outbreak of fire on the land, or the spread of fire through the land, or for the purpose of dealing with any other emergency on the land. (3) Any money received by a fire brigade, brigade or unit in undertaking any activity under this section must (after deducting expenses) be used for the purposes of this Act (and, in the case of an SACFS brigade, for the purpose of its operations in its local area). 145—Acting outside the State (1) An organisation within the emergency services sector may make any of its staff or members, and any equipment or facilities, available to assist in dealing with any fire or other emergency, or the threat of any fire or other emergency, at a place outside the State. (2) An organisation may act under subsection (1) on such terms and conditions as the organisation may determine. 146—Recognised interstate organisations (1) A member of a recognised interstate organisation who is present at the scene of a fire or other emergency in this State may, if there is no officer of an emergency services organisation in control of operations to deal with the fire or other emergency, exercise any power vested in an officer of an emergency services organisation under this Act. recognised interstate organisation means an organisation formed outside this State and declared by the Commission or a Chief Officer of an emergency services organisation, by notice published in the Gazette, to be a recognised interstate organisation. 147—Inquests (1) The Commission or any emergency services organisation is entitled to be heard at any inquest into the causes of a fire or other emergency and may be represented at the inquest by counsel or by one of its officers. (2) For the purposes of subsection (1), an officer of the Commission will be a person designated as an officer by the Commission. 148—Regulations (1) The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), regulations may be made with respect to any of the matters specified in Schedule 5. (3) A regulation under this Act— (a) may make different provision according to the matters or circumstances to which they are expressed to apply; (b) may be of general or limited application; (c) may provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or any other person or body prescribed by the regulations; (d) may— (i) exempt, or empower the Minister to exempt, a person, or a person of a class, from the operation of any provision of this Act; (ii) declare that this Act, or any provision of this Act, does not apply, or applies with prescribed variations, to, or in relation to— (A) a circumstance or situation (or circumstance or situation of a prescribed class); or (B) a place or area within the State, specified in the regulation. (4) A regulation under subsection (3)(d) may operate subject to such limitations and conditions as may be specified in the regulation. (5) The regulations may refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body or person, either as in force at the time the regulations are made or as in force from time to time. (6) Where the regulations refer to or incorporate a code, standard or other document, then— (a) a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and (b) in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and (c) the code, standard or other document has effect as if it were a regulation made under this Act. 149—Review of Act (1) The Minister must cause a review of the operation of this Act to be conducted. (1a) The review must relate to the period between the commencement of the Fire and Emergency Services (Review) Amendment Act 2009 and 30 March 2013. (2) The Minister must ensure that a review under this section is conducted by a person who has, in the opinion of the Minister, appropriate knowledge and experience to undertake the review but who is not a member or former member of an emergency services organisation. (3) The review must be commenced as soon as is reasonably practicable after 30 March 2013 and the report must be submitted to the Minister by 30 September 2013. (5) The Minister must, within 12 sitting days after receiving the report under this section, have copies of the report laid before both Houses of Parliament.