38Certain damage to be covered by insurance

38 Certain damage to be covered by insurance

38 Certain damage to be covered by insurance

(1) Any damage to property caused by the Commissioner, the officer in charge at a fire or a hazardous material incident, any member of a fire brigade (including an interstate fire brigade within the meaning of section 26) or any member of a community fire unit in the exercise in good faith of functions under this or any other Act is to be considered to be damage by fire for the purposes of any policy of insurance against fire covering the property.

(2) This section applies only in respect of damage to property caused in the exercise of a function to protect persons from injury or death or property from damage if those persons are or the property is endangered by fire or endangered by the escape or likely escape of hazardous material.

s 38: Am 1993 No 110, Sch 1 (24); 1994 No 36, Sch 1 (4); 2005 No 33, Sch 1 [3].