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) , 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) , 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 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] *[Section 109 Subsection (3A) inserted by No. 60 of 1986, s. 14 ]*Notwithstanding subsection (2) , 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 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