32DFalse alarm of fire

32D False alarm of fire S. 32D(1) amended by No. 20/2019 s. 91(1). (1) This section applies if a unit in the Fire Rescue Victoria fire district responds to a false alarm of fire at a premises given by or originating from— (a) an automatic fire alarm system; or (b) equipment designed to detect a fire or other emergency conditions and transmit a signal of that detection. S. 32D(2) amended by No. 20/2019 s. 91(2)(3). (2) Fire Rescue Victoria may, by written notice, require the owner, occupier or owners corporation of the premises to provide details of the circumstances of the false alarm of fire to Fire Rescue Victoria. S. 32D(3) amended by No. 20/2019 s. 91(3). (3) A person who receives a notice under subsection (2) may provide Fire Rescue Victoria with an explanation of the circumstances of the false alarm of fire and any information supporting the explanation including maintenance and testing records. S. 32D(4) amended by No. 20/2019 s. 91(2). (4) Fire Rescue Victoria is not required to consider an explanation given by a person under subsection (3) unless it is— (a) in writing; and S. 32D(4)(b) amended by No. 20/2019 s. 91(3). (b) provided to Fire Rescue Victoria within 14 days after the person has received the notice under subsection (2). S. 32D(5) amended by No. 20/2019 s. 91(3). (5) After the expiry of the period provided under subsection (4)(b) for the provision of an explanation, Fire Rescue Victoria must consider whether or not there was a reasonable excuse for the occurrence of the false alarm having regard to— (a) subject to subsection (4), any explanation and information provided by the person under subsection (3); and (b) any report of the member of the operational staff who attended at the false alarm of fire at the premises; and (c) the history of any attendances at the premises; and S. 32D(5)(d) amended by No. 20/2019 s. 91(3). (d) any other information that Fire Rescue Victoria considers is relevant. S. 32D(6) amended by No. 20/2019 s. 91(3). (6) If, after considering the matters referred to in subsection (5), Fire Rescue Victoria is not satisfied that there was a reasonable excuse for the occurrence of the false alarm of fire, Fire Rescue Victoria may by written notice require the person to whom the notice under subsection (2) was given to pay to Fire Rescue Victoria the fees and charges prescribed for the attendance of the unit in response to the false alarm. S. 32D(7) amended by No. 20/2019 s. 91(3). (7) A person who receives a notice under subsection (6) may apply to VCAT for review of the decision of Fire Rescue Victoria to issue the notice. (8) An application under subsection (7) for a review must be made within 28 days after the later of— (a) the day on which the applicant is notified of the decision; or (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the applicant requests a statement of reasons for the decision—the day on which— (i) the statement of reasons is given to the applicant; or (ii) the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given. S. 33 substituted by No. 7926 s. 8(1), amended by Nos 9928 s. 2(2), 10043 s. 8(a)(b), substituted by No. 10149 s. 24(1), repealed by No. 50/1989 s. 44(4), new s. 33 inserted by No. 5/2012 s. 77.