109Charges for services at fires

### 109 Charges for services at fires > > (1)  The Commission may by notice published in the *Gazette* fix a scale of charges for the services rendered by brigades at fires, and, where any services are so rendered by a brigade, a charge, determined in accordance with those scales, is payable to the Commission under this section. > > > (2)  Subject to a determination made under [subsection (5)](#GS109@Gs5@EN) , the following persons are, for the purposes of this section, the persons liable to pay any charge that is payable under this section in respect of a fire: > > > > > > (a) the owner of any property that was destroyed or damaged in the fire; > > > > > > > (b) where the fire occurred in any structure (whether or not the structure was destroyed in the fire), the owner, and the occupier of that structure and the owner of any property in, on, or attached to, that structure. > > > (3)  *\[Section 109 Subsection (3) amended by No. 22 of 1983, s. 7 \]**\[Section 109 Subsection (3) substituted by No. 29 of 1995, s. 89 \]*Notwithstanding [subsection (2)](#GS109@Gs2@EN) , a charge is not payable under this section by an owner or occupier of any land or structure who is liable to pay to a local council an amount, in respect of that land or structure, towards the contribution that the local council is notified under [section 81B](#GS81B@EN) it is required to make unless – > > > > > > (a) it is otherwise provided in this Act; or > > > > > > > (b) that owner or occupier has been convicted of an offence against this or any other Act, or of a crime, relating to the fire. > > > (3A)  [*\[Section 109 Subsection (3A) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja7@GC3@Hpb@EN) *\[Section 109 Subsection (3A) inserted by No. 60 of 1986, s. 14 \]*Notwithstanding [subsection (2)](#GS109@Gs2@EN) , a charge is not payable under this section by – > > > > > > (a) a person who has entered into a contract of insurance with an insurance company within the meaning of [Part VI](#HPVI@EN) in relation to a prescribed class of insurance within the meaning of that Part, being a contract in force at the time when services are rendered by a brigade in respect of fire that has destroyed or damaged any property to which that contract relates; or > > > > > > > (b) [*\[Section 109 Subsection (3A) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja7@GC3@Hpa@EN) if the services were rendered in relation to a motor vehicle (other than a motor cycle) that was, when the services were rendered, registered under the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070)  – > > > > unless it is otherwise provided in this Act or unless that person or registered operator has been convicted of an offence under this Act or any other Act, or of a crime, relating to the fire. > > > (4)  Where, by virtue of [subsection (2)](#GS109@Gs2@EN) , 2 or more persons would, but for this subsection, be liable in respect of any one charge, the Commission may determine that one or more of those persons shall be the person liable in respect of the whole or any part of that charge. > > > (5)  Where it appears to the Commission that the collection of a charge that has been imposed under this section would cause undue hardship on, or would be unjust or unfair to, the person on whom it is imposed, the Commission may waive the whole or any part of the charge. > > > (6)  In this section, ***owner***, used in relation to any property, includes any person having possession of that property.