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Fire Rescue Victoria Act 1958
71Place where fire occurs
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71 Place where fire occurs
S. 71(1) amended by Nos 24/1997
s. 56, 20/2019 s. 115(1)(5).
(1) Fire Rescue Victoria may cause any place in the Fire Rescue Victoria fire district where any fire occurred to be searched, and may remove and keep possession of any materials which may tend to prove the cause or origin of the fire.
S. 71(2) amended by Nos 24/1997
s. 56, 20/2019 s. 115(2).
(2) Fire Rescue Victoria may act under subsection (1) in relation to a fire on Fire Rescue Victoria's own initiative but shall not so act if a Coroner is investigating the fire.
S. 71(3) amended by Nos 24/1997
s. 56,
5/2012
s. 85, 20/2019 s. 115(3).
(3) Where Fire Rescue Victoria causes a search to be made or takes possession of anything under subsection (1) in relation to a fire, Fire Rescue Victoria shall, if a Coroner subsequently investigates the fire—
(a) report to the Coroner any information found in the search concerning the cause or origin of the fire; and
S. 71(3)(b) amended by Nos 5/2012
s. 85, 20/2019 s. 115(3).
(b) give to the Coroner anything of which Fire Rescue Victoria has taken possession under subsection (1).
S. 71(4) amended by No. 77/2008 s. 129(Sch. 2 item 17.1).
(4) Anything given to the Coroner under subsection (3)(b) shall be deemed to have come into the Coroner's possession under Division 4 of Part 4 of the **Coroners Act 2008**.
S. 71(5) amended by Nos 24/1997
s. 56, 20/2019 s. 115(4)(5).
(5) If in the opinion of Fire Rescue Victoria there are suspicious circumstances in relation to the cause or origin of any fire in the Fire Rescue Victoria fire district, Fire Rescue Victoria—
S. 71(5)(a) amended by Nos 50/1989 s. 39, 77/2008 s. 129(Sch. 2 item 17.2).
(a) may restrict access to the place where the fire occurred until a Coroner with jurisdiction to investigate the fire under the **Coroners Act 2008** orders otherwise or until an inquest into the fire is held under that Act, whichever first occurs;
(b) may cause to be erected at the entrance or boundary of the place a notice in the prescribed form of the restriction; and
(c) may request a coroner to investigate the fire.
S. 71A inserted by No. 77/2008 s. 129(Sch. 2 item 17.3).