3Interpretation

### 3 Interpretation > *\[Section 3 Subsection (1) amended by No. 73 of 1981, s. 4 \]**\[Section 3 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 \]**\[Section 3 Subsection (1) amended by No. 34 of 1984, s. 4 \]**\[Section 3 Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. II \]**\[Section 3 Subsection (1) amended by No. 3 of 1990, s. 4 \]**\[Section 3 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 \]**\[Section 3 Subsection (1) amended by No. 42 of 1991, s. 128 \]**\[Section 3 Subsection (1) amended by No. 25 of 1994, s. 45 and Sched. 3 \]**\[Section 3 Subsection (1) amended by No. 29 of 1995, s. 4 \]* > > > (1)  *\[Section 3 Subsection (1) amended by No. 12 of 1981, s. 4 and s. 34 and Sched. 1 \]*In this Act, unless the contrary intention appears –[*\[Section 3 Subsection (1) amended by No. 37 of 2001, s. 4, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2001-037#GS4@Hpa@EN) > > > > > [*\[Section 3 Subsection (1) amended by No. 57 of 2007, s. 4, Applied:13 Dec 2007\]*](/view/html/inforce/2007-12-13/act-2007-057#GS4@EN) ***approved form*** means a form approved or provided by the Commission; > > > > > ***brigade*** means a fire brigade established and maintained under this Act; > > > > > ***brigade chief*** means a person appointed as brigade chief under [section 26](#GS26@EN) ; > > > > > ***Chief Officer*** means the person appointed as Chief Officer under [section 10](#GS10@EN) ; > > > > > ***civil emergency*** includes – > > > > > > > > (a) the escape or potential escape of a non-flammable gas, chemical or other potentially hazardous substance; and > > > > > > > > > (b) the flooding of a building or public place; and > > > > > > > > > (c) the stranding or entrapment of a person or an animal; and > > > > > > > > > (d) such other dangerous or potentially dangerous circumstances as may be prescribed; > > > > > ***Commission*** means the State Fire Commission established under [section 7](#GS7@EN) ; > > > > > ***Committee*** means a Fire Management Area Committee established under [section 18](#GS18@EN) in respect of a Fire Management Area; > > > > > ***composite brigade*** means a brigade consisting of permanent and volunteer members; > > > > [*\[Section 3 Subsection (1) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000\]*](/view/html/inforce/2000-07-14/act-2000-055#JS1@Ja5@GC1@Hpa@EN) > > > > > ***Council*** means the State Fire Management Council established under [section 14](#GS14@EN) ; > > > > > [*\[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja54@GC1@Hpa@EN) ***employee*** means a person who is appointed pursuant to [section 24](#GS24@EN) ; > > > > > ***equipment*** includes appliances, engines, vehicles, reels, buckets, hoses, ladders, escapes, tanks, tools, radio equipment, and other implements and things used for or in connection with the extinguishing or control of fire or the protection of life or property in the event of a fire occurring; > > > > > ***fire-fighter*** means a member of a brigade who is not of officer rank; > > > > > ***fire-fighting operation*** includes any act that is necessary or expedient for the purpose of – > > > > > > > > (a) extinguishing a fire; or > > > > > > > > > (b) preventing the outbreak or spread of a fire; or > > > > > > > > > (c) protecting people or property from fire; or > > > > > > > > > (d) preventing or dealing with the spillage of petrol or other flammable liquids; or > > > > > > > > > (e) preventing or dealing with the escape of flammable gases; or > > > > > > > > > (f) rendering assistance in a civil emergency; or > > > > > > > > > (g) providing logistical support to persons who are performing an act of the kind referred to in [paragraph (a)](#GS3@Gs1@Nd13@Hpa@EN) , [(b)](#GS3@Gs1@Nd13@Hpb@EN) , [(c)](#GS3@Gs1@Nd13@Hpc@EN) , [(d)](#GS3@Gs1@Nd13@Hpd@EN) , [(e)](#GS3@Gs1@Nd13@Hpe@EN) or [(f)](#GS3@Gs1@Nd13@Hpf@EN) ; or > > > > > > > > > (h) carrying out fire safety or fire prevention activities; or > > > > > > > > > (i) carrying out training activities; > > > > > [*\[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013\]*](/view/html/inforce/2013-04-30/act-2012-033#GS4@Hpa@EN) ***fire management*** means a strategic defined program to manage bushfire fuels; > > > > > [*\[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013\]*](/view/html/inforce/2013-04-30/act-2012-033#GS4@Hpb@EN) ***Fire Management Area*** means a Fire Management Area declared under [section 17](#GS17@EN) ; > > > > > ***fire officer*** means a member of the Fire Service, other than a group officer or brigade chief, who holds officer rank; > > > > > ***fire permit officer*** means a person appointed and holding office as a fire permit officer under [section 65](#GS65@EN) ; > > > > > ***fire permit period*** means a period declared to be a fire permit period under [section 61](#GS61@EN) ; > > > > > ***fire protected area*** means an area declared to be a fire protected area under [section 53](#GS53@EN) ; > > > > > ***Fire Service*** means the Tasmania Fire Service established under this Act; > > > > [*\[Section 3 Subsection (1) amended by No. 30 of 1999, s. 15, Applied:01 Jan 2000\]*](/view/html/inforce/2000-01-01/act-1999-030#GS15@EN) [*\[Section 3 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013\]*](/view/html/inforce/2013-12-11/act-2013-050#JS1@Ja7@GC1@Hpa@EN) > > > > > [*\[Section 3 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013\]*](/view/html/inforce/2013-12-11/act-2013-050#JS1@Ja7@GC1@Hpa@EN) ***forest officer*** means an employee of the Forestry corporation continued by [section 6 of the](/view/html/inforce/2026-04-12/act-2013-049#GS6@EN) [Forest Management Act 2013](/view/html/inforce/2026-04-12/act-2013-049) ; > > > > > [*\[Section 3 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013\]*](/view/html/inforce/2013-12-11/act-2013-050#JS1@Ja7@GC1@Hpb@EN) ***Forestry corporation*** means the Forestry corporation continued by [section 6 of the](/view/html/inforce/2026-04-12/act-2013-049#GS6@EN) [Forest Management Act 2013](/view/html/inforce/2026-04-12/act-2013-049) ; > > > > > ***functions*** includes duties and responsibilities; > > > > > [*\[Section 3 Subsection (1) amended by No. 21 of 2000, s. 8, Applied:01 Jul 2000\]*](/view/html/inforce/2000-07-01/act-2000-021#GS8@EN) ***goods and services tax*** means the GST as defined in the [A New Tax System (Goods and Services Tax) Act 1999](/view/html/inforce/2026-04-12/act-1999-999) of the Commonwealth; > > > > > ***group officer*** means a person appointed as group officer of a group of brigades under [section 33](#GS33@EN) ; > > > > > ***group of brigades*** means a group of brigades formed under [section 33](#GS33@EN) ; > > > > > [*\[Section 3 Subsection (1) amended by No. 37 of 2001, s. 4, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2001-037#GS4@Hpb@EN) ***industry brigade*** means a fire brigade, other than a brigade established and maintained under this Act, formed for the purpose of fighting fires; > > > > > ***local council*** means a council within the meaning of the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) ; > > > > > ***member***, in relation to a brigade, means a person holding any position in the brigade, whether as group officer, brigade chief, fire officer or fire-fighter and whether as a permanent or volunteer member or in a full-time or part-time capacity; > > > > > ***member of the Fire Service*** means – > > > > > > > > (a) [*\[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja54@GC1@Hpb@EN) an employee who is a member of a brigade; or > > > > > > > > > (b) [*\[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja54@GC1@Hpc@EN) an employee who is not a member of a brigade; or > > > > > > > > > (c) a volunteer member; > > > > > ***municipal area*** means a municipal area within the meaning of the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) ; > > > > > ***occupier*** includes a person having the care, control, or management of any land or premises; > > > > > ***officer*** or ***officer of the Fire Service*** means a group officer, brigade chief or fire officer; > > > > > ***operational district*** means a district determined under [section 27](#GS27@EN) ; > > > > > ***owner***, in relation to any land or premises, means the person for the time being in the actual receipt of, or entitled to receive, or who, if the land or premises were let to a tenant, would be entitled to receive, the rents and profits of the land or premises, whether as beneficial owner, trustee, executor, mortgagee in possession, or otherwise, and includes any person constituted by any Act, or appointed by the Governor under the authority of any Act, to administer or control any business or undertaking on behalf of the State, but does not include a mesne tenant; > > > > > ***permanent brigade*** means a brigade consisting mainly of permanent members; > > > > [*\[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja54@GC1@Hpd@EN) > > > > > [*\[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja54@GC1@Hpe@EN) ***permanent member*** means a member of a brigade who is an employee appointed pursuant to [section 24](#GS24@EN) ; > > > > > ***potential fire*** means a situation which could produce an outbreak of fire or which indicates that an outbreak of fire is possible; > > > > > ***powers*** includes authorities; > > > > > ***premises*** includes structures; > > > > > ***property*** means land or personal property, and includes trees, crops, or vegetation growing or standing on any land; > > > > > ***regulations*** means regulations made under this Act (other than regulations made under [section 133](#GS133@EN) ); > > > > > ***ship*** includes any description of vessel used, or capable of being used, in navigation, however propelled, and whether in the course of construction or completed; > > > > [*\[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013\]*](/view/html/inforce/2013-04-30/act-2012-033#GS4@Hpc@EN) > > > > > ***State forest*** means a State forest within the meaning of the [Forestry Act 1920](/view/html/inforce/2026-04-12/act-1920-060) ; > > > > [*\[Section 3 Subsection (1) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000\]*](/view/html/inforce/2000-07-14/act-2000-055#JS1@Ja5@GC1@Hpb@EN) > > > > > ***structure*** includes any building, erection, or other associated work; > > > > > ***vegetation*** includes trees, bushes, plants, and undergrowth of any kind (whether alive or dead) and any parts of any trees, bushes, plants, or undergrowth (whether severed from the trees, bushes, plants, or undergrowth or not), but does not include trees of such species or sizes as may be prescribed; > > > > > [*\[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja54@GC1@Hpf@EN) ***volunteer*** means a person who is not a permanent member; > > > > > ***volunteer brigade*** means a brigade consisting of volunteer members; > > > > > [*\[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013\]*](/view/html/inforce/2013-04-30/act-2012-033#GS4@Hpd@EN) ***volunteer member*** means a member of a brigade who is a volunteer; > > > > > [*\[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013\]*](/view/html/inforce/2013-04-30/act-2012-033#GS4@Hpe@EN) ***Wellington Park*** has the same meaning as in the [Wellington Park Act 1993](/view/html/inforce/2026-04-12/act-1993-059) ; > > > > > [*\[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013\]*](/view/html/inforce/2013-04-30/act-2012-033#GS4@Hpe@EN) ***Wellington Park Management Trust*** means the Wellington Park Management Trust established under [section 9 of the](/view/html/inforce/2026-04-12/act-1993-059#GS9@EN) [Wellington Park Act 1993](/view/html/inforce/2026-04-12/act-1993-059) . > > > (2)  In relation to any land owned or occupied by the Crown, ***owner*** or ***occupier*** means such officer as may be prescribed. > > > (3)  A reference in this Act to a fire not being subject to or being excluded from the ban is, in relation to a day of total fire ban, a reference to a fire specified in the declaration declaring that day to be a day of total fire ban as not being subject to the ban.