ch.2-pt.1
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Queensland act
**What this law does (mechanics first)
Creates and runs the State's organised fire services. It establishes two statutory fire services — Queensland Fire and Rescue (QFR) and Rural Fire Service Queensland (RFSQ) — and sets out who runs them, who works for them and what they may do (see secs 8, 8A, 7A, 7C, 7K, 7Q).
Gives the Commissioner broad management and operational powers. The Commissioner is appointed by the Governor in Council on ministerial recommendation and is responsible for organising the services, deciding structure, resources, deployment, qualifications, training and reporting to the Minister (secs 5, 6, 7A). The Commissioner can issue directions to the chief fire officer, fire officers and rural brigade members and may publish codes of practice (secs 7AA, 7B).
Establishes operational command and incident powers. Authorised fire officers and designated brigade officers (first officer / person in charge) have statutory powers at incidents including entering premises, directing people, moving or destroying material as needed to protect life/property/environment, and requisitioning resources in an emergency (secs 140–141, 149I, 145X). Investigation officers have inspection and evidence-gathering powers (secs 149K, 149M–149V, 149ZH–149ZL).
Regulates lighting and control of fires. The Act sets criminal and civil controls over lighting fires, creates permit and notification systems, allows the Commissioner to prohibit lighting on particular land or impose local fire bans, and creates offences and higher penalties during declared fire emergencies (secs 144–146, 145, 145A–145J, 145M–145R, 145T–145Y).
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Direct links to the current provisions in Fire Services Act 1990.
The Governor in Council, acting on the recommendation of the Minister, shall appoint a commissioner. A person is eligible for appointment as commissioner only if the person has— professional firefighting experience; and incident control expertise; and fire prevention expertise. The commissioner is to be appointed under this Act, and not under the Public Sector Act 2022 . s 5 orig s 5 amd 1995 No. 55 s 4 exp 22 November 1995 (see s 5(15)) AIA s 20A applies (see s 5(14)) pres s 5 (prev s 9) amd 1996 No. 37 s 147 sch 2 ; 1996 No. 42 ss 9 , 21 sch 2 , 3 sch 3 ; 2001 No. 76 ss 24 (1) , 11 sch 2 ; 2009 No. 25 s 83 sch ; 2014 No. 17 s 73 (1) – (3) renum and reloc 2014 No. 17 s 73 (4) amd 2022 No. 34 s 365 sch 3 ; 2024 No. 22 s 25 (sec.5-ssec.1) The Governor in Council, acting on the recommendation of the Minister, shall appoint a commissioner. (sec.5-ssec.2) A person is eligible for appointment as commissioner only if the person has— professional firefighting experience; and incident control expertise; and fire prevention expertise. (sec.5-ssec.3) The commissioner is to be appointed under this Act, and not under the Public Sector Act 2022 .
The Governor in Council shall from time to time approve the salary, allowances, and conditions of employment of a person holding office as commissioner. s 6 (prev s 10) amd 1996 No. 42 s 3 sch 3 ; 2001 No. 76 s 24 (1) renum and reloc 2014 No. 17 s 74
The Minister may appoint a person, who is eligible for appointment as commissioner, to act in the office of commissioner during— any vacancy, or all vacancies, in the office; or any period, or all periods, when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office. The Minister’s power to appoint a person to act in the office of commissioner does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (iv) and (v) . s 7 (prev s 11) sub 1996 No. 42 s 10 amd 2001 No. 76 s 24 (1) ; 2002 No. 60 s 14 renum and reloc 2014 No. 17 s 74 (sec.7-ssec.1) The Minister may appoint a person, who is eligible for appointment as commissioner, to act in the office of commissioner during— any vacancy, or all vacancies, in the office; or any period, or all periods, when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office. (sec.7-ssec.2) The Minister’s power to appoint a person to act in the office of commissioner does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (iv) and (v) .
The main functions of the commissioner are— to manage the fire services in a way that ensures each fire service performs its functions under this Act effectively and efficiently; and to make recommendations to the Minister about any matter that— relates to the performance of functions or exercise of powers by the commissioner or the fire services; or may help the Minister in the proper administration of this Act. Without limiting subsection (1) , the commissioner also has the following functions— to decide the appropriate organisational structure of the fire services; to control and oversee the resources of the fire services; to decide the number and deployment of fire service officers and rural fire brigade members; to decide the qualifications for, and duties of, fire service officers; to be responsible for organising training and development of fire service officers and rural fire brigade members; to facilitate collaboration and coordination of the fire services for effective service delivery; to decide the dress or appearance of fire service officers and rural fire brigade members; to decide the number and location of the fire services’ facilities; to monitor the performance and management of the fire services; to report regularly to the Minister on the capability of the fire services to perform the functions of the fire services under this Act; to report to the Minister on the functions performed by the chief fire officer in each reporting period under section 7J . The commissioner’s functions also include any other function given to the commissioner under this Act or another Act. s 7A ins 2014 No. 17 s 66 amd 2024 No. 18 s 10 ; 2024 No. 22 s 26 (sec.7A-ssec.1) The main functions of the commissioner are— to manage the fire services in a way that ensures each fire service performs its functions under this Act effectively and efficiently; and to make recommendations to the Minister about any matter that— relates to the performance of functions or exercise of powers by the commissioner or the fire services; or may help the Minister in the proper administration of this Act. (sec.7A-ssec.2) Without limiting subsection (1) , the commissioner also has the following functions— to decide the appropriate organisational structure of the fire services; to control and oversee the resources of the fire services; to decide the number and deployment of fire service officers and rural fire brigade members; to decide the qualifications for, and duties of, fire service officers; to be responsible for organising training and development of fire service officers and rural fire brigade members; to facilitate collaboration and coordination of the fire services for effective service delivery; to decide the dress or appearance of fire service officers and rural fire brigade members; to decide the number and location of the fire services’ facilities; to monitor the performance and management of the fire services; to report regularly to the Minister on the capability of the fire services to perform the functions of the fire services under this Act; to report to the Minister on the functions performed by the chief fire officer in each reporting period under section 7J . (sec.7A-ssec.3) The commissioner’s functions also include any other function given to the commissioner under this Act or another Act.
The commissioner may give a direction if the commissioner considers it necessary or convenient to give the direction to ensure the efficient and proper functioning of the fire services. A direction under subsection (1) — may be written or oral; and may apply to all or any of the following persons— the chief fire officer; fire service officers; rural fire brigade members. s 7AA ins 2024 No, 22 s 27 (sec.7AA-ssec.1) The commissioner may give a direction if the commissioner considers it necessary or convenient to give the direction to ensure the efficient and proper functioning of the fire services. (sec.7AA-ssec.2) A direction under subsection (1) — may be written or oral; and may apply to all or any of the following persons— the chief fire officer; fire service officers; rural fire brigade members.
The commissioner may from time to time issue codes of practice relating to— the functions, powers, conduct and appearance of fire service officers; or any functions imposed or powers conferred by or under this Act on any other person other than the Minister. The commissioner may at any time amend or revoke a code of practice. A provision of a code of practice is of no effect if inconsistent with a provision of this Act. Provisions of a code of practice may differ according to differences in time, place or circumstance or according to the fire service officers or classes of fire service officers to whom they are expressed to apply. Evidence of any provision of a code of practice may be given by the production of a document purporting to be certified by the commissioner as being a true copy of the provision. s 7B (prev s 18) amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 1998 No. 37 s 9 sch ; 2001 No. 76 ss 24 (1) , 11 sch 2 ; 2014 No. 17 s 76 (1) renum and reloc 2014 No. 17 s 76 (2) (sec.7B-ssec.1) The commissioner may from time to time issue codes of practice relating to— the functions, powers, conduct and appearance of fire service officers; or any functions imposed or powers conferred by or under this Act on any other person other than the Minister. (sec.7B-ssec.2) The commissioner may at any time amend or revoke a code of practice. (sec.7B-ssec.3) A provision of a code of practice is of no effect if inconsistent with a provision of this Act. (sec.7B-ssec.4) Provisions of a code of practice may differ according to differences in time, place or circumstance or according to the fire service officers or classes of fire service officers to whom they are expressed to apply. (sec.7B-ssec.5) Evidence of any provision of a code of practice may be given by the production of a document purporting to be certified by the commissioner as being a true copy of the provision.
The commissioner is to appoint a chief fire officer. A person is eligible for appointment as chief fire officer only if the person has— professional firefighting experience; and incident control expertise; and fire prevention expertise. The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the chief fire officer. The chief fire officer is to be employed under this Act and not the Public Sector Act 2022 . s 7C ins 2024 No. 22 s 28 (sec.7C-ssec.1) The commissioner is to appoint a chief fire officer. (sec.7C-ssec.2) A person is eligible for appointment as chief fire officer only if the person has— professional firefighting experience; and incident control expertise; and fire prevention expertise. (sec.7C-ssec.3) The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the chief fire officer. (sec.7C-ssec.4) The chief fire officer is to be employed under this Act and not the Public Sector Act 2022 .
The chief fire officer holds office for the term and on the conditions stated in the person’s contract of employment. s 7D ins 2024 No. 22 s 28
The chief fire officer may, at any time, resign office as chief fire officer by signed notice given to the commissioner. s 7E ins 2024 No. 22 s 28
The commissioner may appoint a person, who is eligible for appointment as chief fire officer, to act in the office of chief fire officer during— any vacancy, or all vacancies, in the office; or any period, or all periods, when the chief fire officer is absent from duty, or can not, for another reason, perform the functions of the office. s 7F ins 2024 No. 22 s 28
The functions of the chief fire officer are— to provide advice to the commissioner about the fire services, including matters relating to service delivery, operational culture, best practice and innovation and research; and to perform other functions given to the chief fire officer under this or another Act. The chief fire officer is subject to the direction of the commissioner in performing the chief fire officer’s functions under this Act. s 7G ins 2024 No. 22 s 28 (sec.7G-ssec.1) The functions of the chief fire officer are— to provide advice to the commissioner about the fire services, including matters relating to service delivery, operational culture, best practice and innovation and research; and to perform other functions given to the chief fire officer under this or another Act. (sec.7G-ssec.2) The chief fire officer is subject to the direction of the commissioner in performing the chief fire officer’s functions under this Act.
This section applies if a public service officer is appointed as the chief fire officer. The person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief fire officer were a continuation of service as a public service officer. At the end of the person’s term of office or resignation as the chief fire officer, the person’s service as the chief fire officer is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer. s 7H ins 2024 No. 22 s 28 (sec.7H-ssec.1) This section applies if a public service officer is appointed as the chief fire officer. (sec.7H-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief fire officer were a continuation of service as a public service officer. (sec.7H-ssec.3) At the end of the person’s term of office or resignation as the chief fire officer, the person’s service as the chief fire officer is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.
The fire services must give the chief fire officer all reasonable assistance the chief fire officer requires to perform the chief fire officer’s functions. Without limiting subsection (1) , if the chief fire officer asks for information held by a fire service that relates to the chief fire officer’s functions, the fire service must give the information. s 7I ins 2024 No. 22 s 28 (sec.7I-ssec.1) The fire services must give the chief fire officer all reasonable assistance the chief fire officer requires to perform the chief fire officer’s functions. (sec.7I-ssec.2) Without limiting subsection (1) , if the chief fire officer asks for information held by a fire service that relates to the chief fire officer’s functions, the fire service must give the information.
Within 30 days after the end of each reporting period, the chief fire officer must prepare a report on the functions performed by the chief fire officer during the reporting period and give the report to the commissioner. In this section— reporting period means— the period prescribed by regulation for this definition; or if no period is prescribed—each quarter in a financial year. s 7J ins 2024 No. 22 s 28 (sec.7J-ssec.1) Within 30 days after the end of each reporting period, the chief fire officer must prepare a report on the functions performed by the chief fire officer during the reporting period and give the report to the commissioner. (sec.7J-ssec.2) In this section— reporting period means— the period prescribed by regulation for this definition; or if no period is prescribed—each quarter in a financial year.
The commissioner is to appoint a deputy commissioner. A person is eligible for appointment as deputy commissioner if the person has— professional firefighting experience; and incident control expertise; and fire prevention expertise. The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the deputy commissioner. The deputy commissioner is to be employed under this Act and not the Public Sector Act 2022 . s 7K ins 2024 No. 22 s 28 (sec.7K-ssec.1) The commissioner is to appoint a deputy commissioner. (sec.7K-ssec.2) A person is eligible for appointment as deputy commissioner if the person has— professional firefighting experience; and incident control expertise; and fire prevention expertise. (sec.7K-ssec.3) The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the deputy commissioner. (sec.7K-ssec.4) The deputy commissioner is to be employed under this Act and not the Public Sector Act 2022 .
The deputy commissioner holds office for the term and on the conditions stated in the person’s contract of employment. s 7L ins 2024 No. 22 s 28
The deputy commissioner may, at any time, resign office as deputy commissioner by signed notice given to the commissioner. s 7M ins 2024 No. 22 s 28
The commissioner may appoint a person, who is eligible for appointment as deputy commissioner, to act in the office of deputy commissioner during— any vacancy, or all vacancies, in the office; or any period, or all periods, when the deputy commissioner is absent from duty, or can not, for another reason, perform the functions of the office. s 7N ins 2024 No. 22 s 28
The functions of the deputy commissioner are— to support the commissioner in the performance of the commissioner’s functions; and to manage the service delivery of QFR to ensure the effectiveness and efficiency of QFR; and to ensure the development of the capability of QFR, including the systems, frameworks and resources required to support the delivery of services; and to ensure minimum standards and training for fire service officers assigned to QFR are in place to the satisfaction of the commissioner; and to perform any other function given to the deputy commissioner by the commissioner. The deputy commissioner is subject to the direction of the commissioner in performing the deputy commissioner’s functions under this Act. s 7O ins 2024 No. 22 s 28 (sec.7O-ssec.1) The functions of the deputy commissioner are— to support the commissioner in the performance of the commissioner’s functions; and to manage the service delivery of QFR to ensure the effectiveness and efficiency of QFR; and to ensure the development of the capability of QFR, including the systems, frameworks and resources required to support the delivery of services; and to ensure minimum standards and training for fire service officers assigned to QFR are in place to the satisfaction of the commissioner; and to perform any other function given to the deputy commissioner by the commissioner. (sec.7O-ssec.2) The deputy commissioner is subject to the direction of the commissioner in performing the deputy commissioner’s functions under this Act.
This section applies if a public service officer is appointed as the deputy commissioner. The person keeps all rights accrued or accruing to the person as a public service officer as if service as the deputy commissioner were a continuation of service as a public service officer. At the end of the person’s term of office or resignation as the deputy commissioner, the person’s service as the deputy commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer. s 7P ins 2024 No. 22 s 28 (sec.7P-ssec.1) This section applies if a public service officer is appointed as the deputy commissioner. (sec.7P-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the deputy commissioner were a continuation of service as a public service officer. (sec.7P-ssec.3) At the end of the person’s term of office or resignation as the deputy commissioner, the person’s service as the deputy commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.
The commissioner is to appoint a chief officer. A person is eligible for appointment as chief officer only if the person has— rural firefighting experience; or rural incident control expertise; or rural fire prevention expertise. The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the chief officer. The chief officer is to be employed under this Act and not the Public Sector Act 2022 . s 7Q ins 2024 No. 22 s 28 (sec.7Q-ssec.1) The commissioner is to appoint a chief officer. (sec.7Q-ssec.2) A person is eligible for appointment as chief officer only if the person has— rural firefighting experience; or rural incident control expertise; or rural fire prevention expertise. (sec.7Q-ssec.3) The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the chief officer. (sec.7Q-ssec.4) The chief officer is to be employed under this Act and not the Public Sector Act 2022 .
The chief officer holds office for the term and on the conditions stated in the person’s contract of employment. s 7R ins 2024 No. 22 s 28
The chief officer may, at any time, resign office as chief officer by signed notice given to the commissioner. s 7S ins 2024 No. 22 s 28
The commissioner may appoint a person, who is eligible for appointment as chief officer, to act in the office of chief officer during— any vacancy, or all vacancies, in the office; or any period, or all periods, when the chief officer is absent from duty, or can not, for another reason, perform the functions of the office. s 7T ins 2024 No. 22 s 28
The functions of the chief officer are— to support the commissioner in the performance of the commissioner’s functions; and to manage the service delivery of RFSQ, including fire service officers assigned to RFSQ, to ensure the effectiveness and efficiency of RFSQ; and to ensure the development of the capability of RFSQ, including the systems, frameworks and resources required to support the delivery of services; and to ensure minimum standards and training for fire service officers assigned to RFSQ, and for rural fire brigade members, are in place to the satisfaction of the commissioner; and to perform any other function given to the chief officer by the commissioner. The chief officer is subject to the direction of the commissioner in performing the chief officer’s functions under this Act. s 7U ins 2024 No. 22 s 28 (sec.7U-ssec.1) The functions of the chief officer are— to support the commissioner in the performance of the commissioner’s functions; and to manage the service delivery of RFSQ, including fire service officers assigned to RFSQ, to ensure the effectiveness and efficiency of RFSQ; and to ensure the development of the capability of RFSQ, including the systems, frameworks and resources required to support the delivery of services; and to ensure minimum standards and training for fire service officers assigned to RFSQ, and for rural fire brigade members, are in place to the satisfaction of the commissioner; and to perform any other function given to the chief officer by the commissioner. (sec.7U-ssec.2) The chief officer is subject to the direction of the commissioner in performing the chief officer’s functions under this Act.
This section applies if a public service officer is appointed as the chief officer. The person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief officer were a continuation of service as a public service officer. At the end of the person’s term of office or resignation as the chief officer, the person’s service as the chief officer is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer. s 7V ins 2024 No. 22 s 28 (sec.7V-ssec.1) This section applies if a public service officer is appointed as the chief officer. (sec.7V-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief officer were a continuation of service as a public service officer. (sec.7V-ssec.3) At the end of the person’s term of office or resignation as the chief officer, the person’s service as the chief officer is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.
Queensland Fire and Rescue ( QFR ) is established. Rural Fire Service Queensland ( RFSQ ) is established. Each of QFR and RFSQ is a fire service . QFR and RFSQ are collectively called the fire services . s 8 prev s 8 amd 1996 No. 42 s 21 sch 2 om 1998 No. 37 s 10 pres s 8 ins 2001 No. 76 s 15 amd 2014 No. 17 s 68 sub 2024 No. 22 s 31 (sec.8-ssec.1) Queensland Fire and Rescue ( QFR ) is established. (sec.8-ssec.2) Rural Fire Service Queensland ( RFSQ ) is established. (sec.8-ssec.3) Each of QFR and RFSQ is a fire service . (sec.8-ssec.4) QFR and RFSQ are collectively called the fire services .
QFR consists of the following persons— the commissioner; the deputy commissioner; fire service officers assigned to QFR by the commissioner. RFSQ consists of the following entities— the commissioner; the chief officer; fire service officers assigned to RFSQ by the commissioner; rural fire brigades; rural fire brigade members. s 8A ins 1996 No. 42 s 8 sub 2001 No. 76 s 15 amd 2014 No. 17 s 69 sub 2024 No. 22 s 31 (sec.8A-ssec.1) QFR consists of the following persons— the commissioner; the deputy commissioner; fire service officers assigned to QFR by the commissioner. (sec.8A-ssec.2) RFSQ consists of the following entities— the commissioner; the chief officer; fire service officers assigned to RFSQ by the commissioner; rural fire brigades; rural fire brigade members.
The functions of the fire services are— to protect persons, property and the environment from fire and hazardous materials emergencies; and to protect persons trapped in a vehicle or building or otherwise endangered, to the extent that the fire services’ personnel and equipment can reasonably be deployed or used for the purpose; and to provide an advisory service, and undertake other measures, to promote— fire prevention and fire control; and safety and other procedures if a fire or hazardous materials emergency happens; and to cooperate with any entity that provides an emergency service; and to perform other functions given to the fire services under this Act or another Act; and to perform functions incidental to the other functions of each of the fire services; and to identify and market products and services incidental to its functions. The fire services have the power to do anything necessary or convenient to be done for the performance of the functions of the fire services. See also chapter 4 for additional functions of RFSQ. s 8B ins 1996 No. 42 s 8 amd 1997 No. 52 s 3 sch sub 2001 No. 76 s 15 amd 2002 No. 60 s 13 ; 2014 No. 17 s 70 ; 2024 No. 22 s 32 (sec.8B-ssec.1) The functions of the fire services are— to protect persons, property and the environment from fire and hazardous materials emergencies; and to protect persons trapped in a vehicle or building or otherwise endangered, to the extent that the fire services’ personnel and equipment can reasonably be deployed or used for the purpose; and to provide an advisory service, and undertake other measures, to promote— fire prevention and fire control; and safety and other procedures if a fire or hazardous materials emergency happens; and to cooperate with any entity that provides an emergency service; and to perform other functions given to the fire services under this Act or another Act; and to perform functions incidental to the other functions of each of the fire services; and to identify and market products and services incidental to its functions. (sec.8B-ssec.2) The fire services have the power to do anything necessary or convenient to be done for the performance of the functions of the fire services. See also chapter 4 for additional functions of RFSQ.
s 8C ins 1996 No. 42 s 8 amd 2001 No. 45 s 29 sch 3 sub 2001 No. 76 s 15 om 2014 No. 17 s 71
s 8D ins 1996 No. 42 s 8 om 2001 No. 76 s 15
s 8E ins 1996 No. 42 s 8 om 2001 No. 76 s 15
s 8F ins 1996 No. 42 s 8 sub 1998 No. 37 s 11 om 2001 No. 76 s 15
s 8G ins 1996 No. 42 s 8 sub 1998 No. 37 s 11 om 2001 No. 76 s 15
s 8H ins 1996 No. 42 s 8 om 1998 No. 37 s 11
s 8I ins 1996 No. 42 s 8 amd 1997 No. 52 s 4 om 1998 No. 37 s 11
s 8J ins 1996 No. 42 s 8 amd 1997 No. 52 s 5 om 1998 No. 37 s 11
s 8K ins 1996 No. 42 s 8 om 1998 No. 37 s 11
s 8L ins 1996 No. 42 s 8 om 1998 No. 37 s 11
s 8M ins 1996 No. 42 s 8 om 1998 No. 37 s 11
s 8N ins 1996 No. 42 s 8 om 1998 No. 37 s 11
s 8O ins 1996 No. 42 s 8 om 1998 No. 37 s 11
s 8P ins 1996 No. 42 s 8 om 1998 No. 37 s 11
s 12 sub 1996 No. 42 s 10 amd 1998 No. 37 s 9 sch ; 2001 No. 76 ss 16 , 24 (1) ; 2008 No. 64 s 15 om 2014 No. 17 s 75
s 13 om 1996 No. 42 s 10
s 14 om 1996 No. 42 s 10
s 15 om 1996 No. 42 s 10
s 16 om 1996 No. 42 s 10
s 17 om 1996 No. 42 s 10
s 19 sub 1995 No. 55 s 6 amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 , 3 sch 3 ; 1997 No. 52 s 6 ; 2001 No. 76 ss 24 (1) , (3) , 11 sch 2 ; 2003 No. 91 s 175 sch 1 om 2014 No. 17 s 78
s 19A ins 1996 No. 42 s 11 amd 1996 No. 54 s 9 sch ; 1998 No. 37 s 12 om 2001 No. 76 s 17
s 19B ins 1996 No. 42 s 11 om 2001 No. 76 s 17
s 19C ins 1996 No. 42 s 11 amd 1997 No. 52 s 6 ; 2001 No. 76 ss 24 (1) , 11 sch 2 om 2014 No. 17 s 78
s 21 amd 1996 No. 42 s 21 sch 2 om 1997 No. 52 s 7
s 22 sub 1996 No. 42 s 12 amd 1998 No. 37 s 9 sch om 2001 No. 76 s 19
s 23 amd 1996 No. 42 s 21 sch 2 om 2001 No. 76 s 19
s 24 amd 1996 No. 42 s 21 sch 2 ; 1997 No. 52 s 3 sch om 2001 No. 76 s 19
The commissioner may employ the persons the commissioner considers necessary to perform the fire services’ functions. Without limiting subsection (1) , the commissioner may employ the number of executive officers or senior officers as is necessary for the effective administration of the Act and the performance of the fire services’ functions. However, the commissioner may employ a person as an executive officer, or a senior officer, in QFR under this section only if the commissioner is satisfied the person has— professional firefighting experience; and incident control expertise; and fire prevention expertise. Subsection (3) does not apply to the employment of a person as a scientific officer in QFR. Also, the commissioner may employ a person as an executive officer in RFSQ under this section only if the commissioner is satisfied the person has— rural firefighting experience; or rural incident control expertise; or rural fire prevention expertise. In this section— executive officer means a person employed in a role equivalent to that of a senior executive under the Public Sector Act 2022 , section 188 . scientific officer means an officer who— holds a tertiary qualification in applied science, chemical engineering, chemistry or science that is directly relevant to the performance of the functions of the office; and does not perform firefighting or incident control functions or duties. senior officer means a person employed in a role equivalent to that of a senior officer under the Public Sector Act 2022 , schedule 2 . s 25 amd 1995 No. 55 s 7 sub 1996 No. 42 s 13 ; 2001 No. 76 s 20 amd 2014 No. 17 s 80 sub 2024 No. 22 s 34 (sec.25-ssec.1) The commissioner may employ the persons the commissioner considers necessary to perform the fire services’ functions. (sec.25-ssec.2) Without limiting subsection (1) , the commissioner may employ the number of executive officers or senior officers as is necessary for the effective administration of the Act and the performance of the fire services’ functions. (sec.25-ssec.3) However, the commissioner may employ a person as an executive officer, or a senior officer, in QFR under this section only if the commissioner is satisfied the person has— professional firefighting experience; and incident control expertise; and fire prevention expertise. (sec.25-ssec.3A) Subsection (3) does not apply to the employment of a person as a scientific officer in QFR. (sec.25-ssec.4) Also, the commissioner may employ a person as an executive officer in RFSQ under this section only if the commissioner is satisfied the person has— rural firefighting experience; or rural incident control expertise; or rural fire prevention expertise. (sec.25-ssec.5) In this section— executive officer means a person employed in a role equivalent to that of a senior executive under the Public Sector Act 2022 , section 188 . scientific officer means an officer who— holds a tertiary qualification in applied science, chemical engineering, chemistry or science that is directly relevant to the performance of the functions of the office; and does not perform firefighting or incident control functions or duties. senior officer means a person employed in a role equivalent to that of a senior officer under the Public Sector Act 2022 , schedule 2 .
Fire service officers are to be employed under this Act, and not under the Public Sector Act 2022 . s 25A ins 1995 No. 55 s 8 sub 1996 No. 37 s 147 sch 2 amd 1996 No. 42 s 3 sch 3 ; 2001 No. 76 s 11 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3
In considering an applicant’s ability to perform the requirements of a position for the purpose of the Public Sector Act 2022 , section 45 (2) (a) , the person undertaking the recruitment and selection process must consider whether the applicant has the mandatory qualifications, skills or experience the commissioner considers necessary for the position (the requisite conditions ). In deciding the applicant best suited to the position under the Public Sector Act 2022 , section 45 (2) , the person must consider the primacy of the requisite conditions over any other matter that may be considered under section 45 (2) (b) of that Act. s 25B prev s 25B ins 2010 No. 37 s 21 amd 2014 No. 17 s 184 sch 1 pt 4 om 2022 No. 34 s 343 pres s 25B ins 2024 No. 22 s 35 (sec.25B-ssec.1) In considering an applicant’s ability to perform the requirements of a position for the purpose of the Public Sector Act 2022 , section 45 (2) (a) , the person undertaking the recruitment and selection process must consider whether the applicant has the mandatory qualifications, skills or experience the commissioner considers necessary for the position (the requisite conditions ). (sec.25B-ssec.2) In deciding the applicant best suited to the position under the Public Sector Act 2022 , section 45 (2) , the person must consider the primacy of the requisite conditions over any other matter that may be considered under section 45 (2) (b) of that Act.
s 25C ins 2010 No. 37 s 21 amd 2014 No. 17 s 81 om 2022 No. 34 s 343
Subject to any applicable industrial instrument, persons employed under section 25 shall be paid salary, wages and allowances at such rates and shall be employed under such conditions of employment as the commissioner determines. However, if a person mentioned in subsection (1) is employed on contract for a fixed term, the conditions of the person’s employment are not subject to any industrial instrument. Also, if a directive made under the Public Sector Act 2022 applies to a person employed under section 25 and the directive is inconsistent with the determination of the commissioner under subsection (1) , the directive applies to the extent of the inconsistency. s 26 amd 1996 No. 42 ss 13A , 3 sch 3 ; 1998 No. 37 s 9 sch ; 2001 No. 76 s 21 ; 2014 No. 17 s 184 sch 1 pt 4 ; 2016 No. 63 s 1157 sch 6 ; 2022 No. 34 s 344 (sec.26-ssec.1) Subject to any applicable industrial instrument, persons employed under section 25 shall be paid salary, wages and allowances at such rates and shall be employed under such conditions of employment as the commissioner determines. (sec.26-ssec.2) However, if a person mentioned in subsection (1) is employed on contract for a fixed term, the conditions of the person’s employment are not subject to any industrial instrument. (sec.26-ssec.3) Also, if a directive made under the Public Sector Act 2022 applies to a person employed under section 25 and the directive is inconsistent with the determination of the commissioner under subsection (1) , the directive applies to the extent of the inconsistency.
s 27 amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 1998 No. 37 s 9 sch ; 2001 No. 76 s 11 sch 2 ; 2014 No. 17 s 82 om 2022 No. 34 s 345
A fire service officer— must retire from employment with the fire services upon attaining the age of 65 years; may elect to retire from employment with the fire services upon or at any time after attaining the age of 55 years. s 28 amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 s 11 sch 2 ; 2014 No. 17 s 83 ; 2022 No. 34 s 346 ; 2024 No. 22 s 92 sch 1
s 29 amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 s 11 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4 om 2022 No. 34 s 347
A person, upon ceasing to be a fire service officer, must surrender to the commissioner— any form of identification; and anything issued to the person for official use; unless otherwise ordered by the commissioner. A justice, acting upon the complaint of the commissioner, may issue a warrant authorising any person named in, or belonging to a class of person specified in, the warrant to search for and seize anything not surrendered in accordance with subsection (1) . A person authorised to execute a warrant may, for that purpose— enter any premises in which the person believes the thing sought may be located; and break open anything the person believes may contain the thing sought. s 29A ins 2014 No. 17 s 84 amd 2024 No. 22 s 92 sch 1 (sec.29A-ssec.1) A person, upon ceasing to be a fire service officer, must surrender to the commissioner— any form of identification; and anything issued to the person for official use; unless otherwise ordered by the commissioner. (sec.29A-ssec.2) A justice, acting upon the complaint of the commissioner, may issue a warrant authorising any person named in, or belonging to a class of person specified in, the warrant to search for and seize anything not surrendered in accordance with subsection (1) . (sec.29A-ssec.3) A person authorised to execute a warrant may, for that purpose— enter any premises in which the person believes the thing sought may be located; and break open anything the person believes may contain the thing sought.
A person, upon ceasing to be a fire service officer, must immediately vacate any premises the property of the State or to the possession of which the State is entitled, unless the commissioner otherwise orders. If the premises are not vacated immediately or, as the case may be, within any period ordered by the commissioner, the commissioner may give the person a notice to quit. If the premises are not vacated within 14 days after the notice to quit is given, a magistrate, acting upon the complaint of the commissioner, may issue a warrant authorising a police officer to enter the premises and remove all persons and property not authorised by the commissioner to be on the premises and to deliver possession of the premises to the State. s 29B ins 2014 No. 17 s 84 amd 2024 No. 22 s 92 sch 1 (sec.29B-ssec.1) A person, upon ceasing to be a fire service officer, must immediately vacate any premises the property of the State or to the possession of which the State is entitled, unless the commissioner otherwise orders. (sec.29B-ssec.2) If the premises are not vacated immediately or, as the case may be, within any period ordered by the commissioner, the commissioner may give the person a notice to quit. (sec.29B-ssec.3) If the premises are not vacated within 14 days after the notice to quit is given, a magistrate, acting upon the complaint of the commissioner, may issue a warrant authorising a police officer to enter the premises and remove all persons and property not authorised by the commissioner to be on the premises and to deliver possession of the premises to the State.
s 29C ins 2018 No. 29 s 64 om 2022 No. 34 s 348
s 29D ins 2018 No. 29 s 64 om 2022 No. 34 s 348
s 30 amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 1998 No. 37 s 9 sch ; 2001 No. 76 s 11 sch 2 ; 2010 No. 37 s 23 ; 2014 No. 17 s 85 om 2022 No. 34 s 348
s 30A ins 2010 No. 37 s 24 amd 2014 No. 17 s 184 sch 1 pt 4 om 2022 No. 34 s 348
s 30B ins 2010 No. 37 s 25 amd 2018 No. 29 s 66 om 2022 No. 34 s 348
s 30C ins 2010 No. 37 s 25 s 30C def employing chief executive om 2014 No. 17 s 86 om 2018 No. 29 s 67
s 30D ins 2010 No. 37 s 25 amd 2014 No. 17 s 184 sch 1 pt 4 ; 2018 No. 29 s 68 om 2022 No. 34 s 348
s 30E ins 2010 No. 37 s 25 amd 2014 No. 17 s 184 sch 1 pt 4 ; 2018 No. 29 s 69 om 2022 No. 34 s 348
s 30F ins 2010 No. 37 s 25 amd 2014 No. 17 s 87 om 2022 No. 34 s 348
s 30G ins 2010 No. 37 s 25 amd 2014 No. 17 s 184 sch 1 pt 4 ; 2018 No. 29 s 70 om 2022 No. 34 s 348
s 30H ins 2010 No. 37 s 25 amd 2014 No. 17 s 184 sch 1 pt 4 ; 2014 No. 21 s 94 (2) sch 2 om 2022 No. 34 s 348
s 30I ins 2010 No. 37 s 25 amd 2014 No. 17 s 184 sch 1 pt 4 ; 2018 No. 29 s 71 om 2022 No. 34 s 348
s 30J ins 2010 No. 37 s 25 amd 2014 No. 17 s 184 sch 1 pt 4 ; 2018 No. 29 s 72 om 2022 No. 34 s 348
s 30K ins 2010 No. 37 s 25 amd 2014 No. 17 s 184 sch 1 pt 4 ; 2018 No. 29 s 73 om 2022 No. 34 s 348
s 31 sub 1995 No. 55 s 9 amd 1996 No. 37 s 147 sch 2 om 2022 No. 34 s 348
s 32 amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 s 11 sch 2 ; 2014 No. 17 s 88 om 2022 No. 34 s 348
s 33 amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 11 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4 om 2022 No. 34 s 348
s 34 orig s 34 om 1995 No. 55 s 10 prev s 34 ins 1998 No. 37 s 13 om 2024 No. 22 s 36
s 35 orig s 35 om 1995 No. 55 s 10 prev s 35 ins 1998 No. 37 s 13 amd 2001 No. 76 s 11 sch 2 ; 2003 No. 91 s 168 ; 2008 No. 64 s 16 ; 2014 No. 17 s 89 om 2024 No. 22 s 36
s 36 orig s 36 om 1995 No. 55 s 10 prev s 36 ins 1998 No. 37 s 13 amd 2002 No. 60 s 15 om 2024 No. 22 s 36
s 37 orig s 37 om 1995 No. 55 s 10 prev s 37 ins 1998 No. 37 s 13 amd 2001 No. 76 ss 24 (1) , 11 sch 2 ; 2014 No. 17 s 90 om 2024 No. 22 s 36
s 38 orig s 38 om 1995 No. 55 s 10 prev s 38 ins 1998 No. 37 s 13 om 2024 No. 22 s 36
s 39 orig s 39 om 1995 No. 55 s 10 prev s 39 ins 1998 No. 37 s 13 om 2024 No. 22 s 36
s 40 orig s 40 om 1995 No. 55 s 10 prev s 40 ins 1998 No. 37 s 13 om 2024 No. 22 s 36
s 41 orig s 41 amd 1991 No. 51 s 3 .4; 1995 No. 55 s 11 ; 1996 No. 37 s 147 sch 2 ; 1996 No. 42 ss 14 , 21 sch 2 , 3 sch 3 om 1997 No. 21 s 26 prev s 41 ins 1998 No. 37 s 13 om 2024 No. 22 s 36
s 42 orig s 42 amd 1995 No. 55 s 12 ; 1996 No. 42 ss 21 sch 2 , 3 sch 3 om 1997 No. 21 s 26 prev s 42 ins 1998 No. 37 s 13 om 2024 No. 22 s 36
s 43 orig s 43 om 1997 No. 21 s 26 prev s 43 ins 1998 No. 37 s 13 om 2024 No. 22 s 36
s 44 orig s 44 amd 1995 No. 55 s 13 om 1997 No. 21 s 26 prev s 44 ins 1998 No. 37 s 13 om 2024 No. 22 s 36
s 45 om 1997 No. 21 s 26
s 46 amd 1995 No. 55 s 14 ; 1996 No. 42 s 3 sch 3 om 1997 No. 21 s 26
s 47 sub 2003 No. 91 s 169 om 2008 No. 64 s 17
s 48 sub 2003 No. 91 s 169 om 2008 No. 64 s 17
s 49 amd 1996 No. 42 s 3 sch 3 ; 1998 No. 37 s 9 sch ; 2001 No. 76 s 11 sch 2 sub 2003 No. 91 s 169 om 2008 No. 64 s 17
s 50 sub 2003 No. 91 s 169 om 2008 No. 64 s 17
s 51 sub 2003 No. 91 s 169 om 2008 No. 64 s 17
s 52A ins 2003 No. 91 s 169 om 2008 No. 64 s 17
s 52B ins 2003 No. 91 s 169 om 2008 No. 64 s 17
s 52C ins 2003 No. 91 s 169 om 2008 No. 64 s 17
s 52D ins 2003 No. 91 s 169 om 2008 No. 64 s 17
s 52E ins 2003 No. 91 s 169 om 2008 No. 64 s 17
s 52F ins 2003 No. 91 s 169 om 2008 No. 64 s 17
s 58 om 2006 No. 49 s 10
s 85 amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 s 11 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4 om 2024 No. 22 s 50
s 94 amd 1995 No. 55 s 18 om 2002 No. 60 s 18
s 104FF ins 2002 No. 7 s 12 sub 2014 No. 17 s 96 om 2023 No. 7 s 13
s 104SA ins 2006 No. 49 s 39 om 2009 No. 24 s 109
s 104SC (prev s 104M) ins 1991 No. 51 s 3 0.15 amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2006 No. 49 s 30 renum and reloc 2006 No. 49 s 40 om 2009 No. 24 s 111
s 104SD (prev s 104N) ins 1991 No. 51 s 3 0.15 amd 1996 No. 42 s 3 sch 3 ; 1998 No. 13 s 191 sch ; 1998 No. 37 s 9 sch ; 2001 No. 76 s 11 sch 2 ; 2006 No. 49 s 31 renum and reloc 2006 No. 49 s 40 om 2009 No. 24 s 112
s 104SE (prev s 104O) ins 1991 No. 51 s 3 0.16 amd 2006 No. 49 s 32 renum and reloc 2006 No. 49 s 40 om 2009 No. 24 s 113
RFSQ has the following functions, in addition to the functions for RFSQ mentioned in section 8B — to carry out activities for the prevention of, preparedness for, response to, and recovery from, bushfires; to control and prevent bushfires; to investigate bushfires; to manage chief fire wardens and fire wardens; to manage the administration of the granting of notifications, notices and permits under this Act for the lighting of fires; to manage rural fire brigades; to support other entities providing emergency services to help communities respond to and recover from disasters; to support communities to improve resilience to bushfires; to perform other functions given to RFSQ by the commissioner. s 129 prev s 129 sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 129 ins 2024 No. 22 s 62
The RFSQ advisory committee is established. The Minister must appoint the members of the RFSQ advisory committee in consultation with the chief officer. The RFSQ advisory committee has the function of advising the chief officer on matters relating to the performance of the functions of RFSQ, including the administration and management of rural fire brigades. A member of the RFSQ advisory committee holds the member’s appointment on the conditions decided by the Minister. To remove any doubt, it is declared that the RFSQ advisory committee is not a decision-making body. s 130 orig s 130 om 2003 No. 13 s 106 sch 1 prev s 130 ins 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 130 ins 2024 No. 22 s 62 (sec.130-ssec.1) The RFSQ advisory committee is established. (sec.130-ssec.2) The Minister must appoint the members of the RFSQ advisory committee in consultation with the chief officer. (sec.130-ssec.3) The RFSQ advisory committee has the function of advising the chief officer on matters relating to the performance of the functions of RFSQ, including the administration and management of rural fire brigades. (sec.130-ssec.4) A member of the RFSQ advisory committee holds the member’s appointment on the conditions decided by the Minister. (sec.130-ssec.5) To remove any doubt, it is declared that the RFSQ advisory committee is not a decision-making body.
Such number of chief fire wardens and fire wardens may be appointed as the commissioner thinks necessary or expedient for the purposes of this Act. The commissioner may appoint a person to be a chief fire warden or fire warden (each a relevant fire warden ), or recommend to the Governor in Council the appointment of a person as a relevant fire warden under subsection (4) , only if the commissioner is satisfied the person is appropriately qualified to perform the functions and exercise the powers of a relevant fire warden. Subject to subsection (4) — a relevant fire warden holds office for the term and on the conditions stated in the relevant fire warden’s instrument of appointment; and without limiting paragraph (a) , the instrument of appointment must state the geographical area in which the relevant fire warden can perform the relevant fire warden’s functions or exercise the relevant fire warden’s powers. Where the appointee is a public service officer or a police officer, the appointment must be made by the Governor in Council by notification published in the gazette— specifying the name of the appointee; or specifying that the appointment is made to the holder of a specified office in which case each person who, for any period, holds or performs the duties of that office is, for that period, a chief fire warden or, as the case may be, a fire warden. A person may hold an office under this section in conjunction with any office held with the fire services, the public service or the police service. The commissioner may, by giving a notice to an appointee, cancel the appointment, whether the appointment was made by the commissioner or the Governor in Council. The Governor in Council may, by notification published in the gazette, amend or rescind any notification made under subsection (4) (b) . s 131 prev s 131 amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 s 11 sch 2 sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 131 (prev s 75) amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 1998 No. 37 s 9 sch ; 2001 No. 76 ss 24 (1) , 11 sch 2 ; 2014 No. 17 s 94 ; 2024 No. 22 s 41 reloc and renum 2024 No. 22 s 44 (2) (sec.131-ssec.1) Such number of chief fire wardens and fire wardens may be appointed as the commissioner thinks necessary or expedient for the purposes of this Act. (sec.131-ssec.2) The commissioner may appoint a person to be a chief fire warden or fire warden (each a relevant fire warden ), or recommend to the Governor in Council the appointment of a person as a relevant fire warden under subsection (4) , only if the commissioner is satisfied the person is appropriately qualified to perform the functions and exercise the powers of a relevant fire warden. (sec.131-ssec.3) Subject to subsection (4) — a relevant fire warden holds office for the term and on the conditions stated in the relevant fire warden’s instrument of appointment; and without limiting paragraph (a) , the instrument of appointment must state the geographical area in which the relevant fire warden can perform the relevant fire warden’s functions or exercise the relevant fire warden’s powers. (sec.131-ssec.4) Where the appointee is a public service officer or a police officer, the appointment must be made by the Governor in Council by notification published in the gazette— specifying the name of the appointee; or specifying that the appointment is made to the holder of a specified office in which case each person who, for any period, holds or performs the duties of that office is, for that period, a chief fire warden or, as the case may be, a fire warden. (sec.131-ssec.5) A person may hold an office under this section in conjunction with any office held with the fire services, the public service or the police service. (sec.131-ssec.6) The commissioner may, by giving a notice to an appointee, cancel the appointment, whether the appointment was made by the commissioner or the Governor in Council. (sec.131-ssec.7) The Governor in Council may, by notification published in the gazette, amend or rescind any notification made under subsection (4) (b) .
The powers of a chief fire warden or fire warden are the same as those of an authorised fire officer subject to any limitation imposed by the commissioner. Without limiting section 7AA , the commissioner may direct a chief fire warden or fire warden— in the performance of the chief fire warden’s or fire warden’s functions; and to perform functions in addition to those conferred by this Act. In exercising a power or discharging a function a chief fire warden or fire warden must comply with any code of practice and with any direction of the commissioner. s 132 prev s 132 sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 132 (prev s 76) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2024 No. 22 s 42 reloc and renum 2024 No. 22 s 44 (2) (sec.132-ssec.1) The powers of a chief fire warden or fire warden are the same as those of an authorised fire officer subject to any limitation imposed by the commissioner. (sec.132-ssec.2) Without limiting section 7AA , the commissioner may direct a chief fire warden or fire warden— in the performance of the chief fire warden’s or fire warden’s functions; and to perform functions in addition to those conferred by this Act. (sec.132-ssec.3) In exercising a power or discharging a function a chief fire warden or fire warden must comply with any code of practice and with any direction of the commissioner.
A chief fire warden or fire warden may, at any time, resign office as chief fire warden or fire warden by signed notice given to the commissioner. s 133 prev s 133 amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 ss 24 (1) , 11 sch 2 sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 133 (prev s 77) sub 2024 No. 22 s 43 reloc and renum 2024 No. 22 s 44 (2)
Where pursuant to a delegation of the commissioner’s powers a chief fire warden or a fire warden is empowered to issue notices under section 145B or 145G or to determine applications for permits under section 145C , any person aggrieved by a decision made by the chief fire warden or fire warden in the exercise of the power may appeal against the decision by notice in writing given to the commissioner. The commissioner may allow or dismiss an appeal and may, where an appeal is allowed, make any order that appears just. s 134 prev s 134 sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 134 (prev s 78) amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 s 24 (1) , (3) ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 44 (2) (sec.134-ssec.1) Where pursuant to a delegation of the commissioner’s powers a chief fire warden or a fire warden is empowered to issue notices under section 145B or 145G or to determine applications for permits under section 145C , any person aggrieved by a decision made by the chief fire warden or fire warden in the exercise of the power may appeal against the decision by notice in writing given to the commissioner. (sec.134-ssec.2) The commissioner may allow or dismiss an appeal and may, where an appeal is allowed, make any order that appears just.
Any group of persons may apply to the commissioner to register an entity as a rural fire brigade. The commissioner may grant or refuse an application and, in the case of the granting of an application, must assign a registration number to the rural fire brigade. If an application for registration of an entity as a rural fire brigade is granted, each person in the group who applied for registration is not necessarily a member of the rural fire brigade. The commissioner may at any time cancel the registration of a rural fire brigade. s 135 prev s 135 sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 135 (prev s 79) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2024 No. 22 s 45 reloc and renum 2024 No. 22 s 51 (2) (sec.135-ssec.1) Any group of persons may apply to the commissioner to register an entity as a rural fire brigade. (sec.135-ssec.2) The commissioner may grant or refuse an application and, in the case of the granting of an application, must assign a registration number to the rural fire brigade. If an application for registration of an entity as a rural fire brigade is granted, each person in the group who applied for registration is not necessarily a member of the rural fire brigade. (sec.135-ssec.3) The commissioner may at any time cancel the registration of a rural fire brigade.
The commissioner may appoint a person as a member of a rural fire brigade. A rural fire brigade member— is appointed on the terms stated in the instrument of appointment; and may resign the appointment by signed notice given to the commissioner. s 136 orig s 136 amd 1996 No. 42 ss 20 sch 1 , 3 sch 3 om 2000 No. 5 s 461 sch 3 prev s 136 ins 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 136 (prev s 80) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) sub 2024 No. 22 s 46 reloc and renum 2024 No. 22 s 51 (2) (sec.136-ssec.1) The commissioner may appoint a person as a member of a rural fire brigade. (sec.136-ssec.2) A rural fire brigade member— is appointed on the terms stated in the instrument of appointment; and may resign the appointment by signed notice given to the commissioner.
The commissioner may make model rules for the proper management and operation of rural fire brigades. A rural fire brigade may, with the written approval of the commissioner, make a rule that is additional to the model rules. An additional rule under subsection (2) must not be inconsistent with this Act or the model rules. A rural fire brigade’s rules are the model rules and any additional rules approved by the commissioner. A rural fire brigade and the members of the rural fire brigade must comply with the rural fire brigade’s rules. s 137 prev s 137 amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2006 No. 49 s 42 ; 2009 No. 36 s 872 sch 2 ; 2011 No. 18 s 404 sch 4 pt 1 sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 137 (prev s 80A) ins 2024 No. 22 s 46 reloc and renum 2024 No. 22 s 51 (2) amd 2024 No. 45 s 134 sch 1 (sec.137-ssec.1) The commissioner may make model rules for the proper management and operation of rural fire brigades. (sec.137-ssec.2) A rural fire brigade may, with the written approval of the commissioner, make a rule that is additional to the model rules. (sec.137-ssec.3) An additional rule under subsection (2) must not be inconsistent with this Act or the model rules. (sec.137-ssec.4) A rural fire brigade’s rules are the model rules and any additional rules approved by the commissioner. (sec.137-ssec.5) A rural fire brigade and the members of the rural fire brigade must comply with the rural fire brigade’s rules.
A rural fire brigade must elect a first officer to be in charge of the brigade. A rural fire brigade may also elect such other officers as it considers necessary. A rural fire brigade may elect any member of the brigade to be the chairperson, secretary or treasurer of the brigade (each an office bearer ). Any election must be conducted in accordance with the commissioner’s directions and has no effect unless approved by the commissioner. A person holds office, or is an office bearer, for the period specified by the commissioner. The commissioner may do either or both of the following in relation to a person— dismiss the person from an office held with, or as an office bearer of, a rural fire brigade; disqualify the person from holding any office with, or being an office bearer of, a rural fire brigade. s 138 prev s 138 amd 1996 No. 42 s 21 sch 2 ; 1999 No. 19 s 3 sch ; 2001 No. 76 s 24 (1) ; 2003 No. 91 s 175 sch 1 sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 138 (prev s 81) amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 s 24 (1) , (3) ; 2024 No. 22 s 47 reloc and renum 2024 No. 22 s 51 (2) (sec.138-ssec.1) A rural fire brigade must elect a first officer to be in charge of the brigade. (sec.138-ssec.2) A rural fire brigade may also elect such other officers as it considers necessary. (sec.138-ssec.3) A rural fire brigade may elect any member of the brigade to be the chairperson, secretary or treasurer of the brigade (each an office bearer ). (sec.138-ssec.4) Any election must be conducted in accordance with the commissioner’s directions and has no effect unless approved by the commissioner. (sec.138-ssec.5) A person holds office, or is an office bearer, for the period specified by the commissioner. (sec.138-ssec.6) The commissioner may do either or both of the following in relation to a person— dismiss the person from an office held with, or as an office bearer of, a rural fire brigade; disqualify the person from holding any office with, or being an office bearer of, a rural fire brigade.
The functions of a rural fire brigade are— to carry out fire fighting and fire prevention; and to use fire for land management; and to carry out other activities to help communities or other entities prepare for, respond to, and enhance resilience to, an event or a disaster; and to carry out activities to raise the profile of RFSQ, promote bushfire safety or raise funds to support rural fire brigades in the performance of the brigades’ other functions; and to provide services or assistance if required by any Act or the reasonable expectations of the community; and to perform any other function given to the brigade by the commissioner. The commissioner must notify a rural fire brigade of the area for which and the circumstances in which the brigade is in charge of fire fighting and fire prevention. In this section— fire prevention includes taking measures in readiness for fire so as to reduce potential danger to persons, property or the environment. s 139 prev s 139 amd 1996 No. 42 s 3 sch 3 ; 2001 No. 76 s 24 (1) sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 139 (prev s 82) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2024 No. 22 s 48 reloc and renum 2024 No. 22 s 51 (2) (sec.139-ssec.1) The functions of a rural fire brigade are— to carry out fire fighting and fire prevention; and to use fire for land management; and to carry out other activities to help communities or other entities prepare for, respond to, and enhance resilience to, an event or a disaster; and to carry out activities to raise the profile of RFSQ, promote bushfire safety or raise funds to support rural fire brigades in the performance of the brigades’ other functions; and to provide services or assistance if required by any Act or the reasonable expectations of the community; and to perform any other function given to the brigade by the commissioner. (sec.139-ssec.2) The commissioner must notify a rural fire brigade of the area for which and the circumstances in which the brigade is in charge of fire fighting and fire prevention. (sec.139-ssec.3) In this section— fire prevention includes taking measures in readiness for fire so as to reduce potential danger to persons, property or the environment.
For performing a function under section 139 (1) (c) , a rural fire brigade may carry out activities to help a community or another entity in relation to an event or a disaster— at the direction of the commissioner; or in response to a request for help by the community or other entity; or on its own initiative. blocking a road to isolate an area in the vicinity of a fallen powerline directing traffic away from a flooded creek using a chainsaw to remove a fallen tree on a property that is causing a hazard If the rural fire brigade carries out activities in response to a request for help by the community or other entity or on its own initiative, the first officer of the brigade must notify the commissioner at the first opportunity of any activities carried out, or to be carried out, by the brigade in relation to the event or disaster. In this section— first officer see section 140 (4) . s 139A ins 2025 No. 21 s 1B (sec.139A-ssec.1) For performing a function under section 139 (1) (c) , a rural fire brigade may carry out activities to help a community or another entity in relation to an event or a disaster— at the direction of the commissioner; or in response to a request for help by the community or other entity; or on its own initiative. blocking a road to isolate an area in the vicinity of a fallen powerline directing traffic away from a flooded creek using a chainsaw to remove a fallen tree on a property that is causing a hazard (sec.139A-ssec.2) If the rural fire brigade carries out activities in response to a request for help by the community or other entity or on its own initiative, the first officer of the brigade must notify the commissioner at the first opportunity of any activities carried out, or to be carried out, by the brigade in relation to the event or disaster. (sec.139A-ssec.3) In this section— first officer see section 140 (4) .
Where, pursuant to notification given under section 139 (2) , a rural fire brigade is in charge of operations for controlling and extinguishing a fire, the first officer of the brigade has, for that purpose— the powers of an authorised fire officer, subject to any limitation imposed by the commissioner; and the control and direction of any person (including any fire officer) whose services are available at the fire. Any power exercisable by the first officer of a rural fire brigade may be exercised by any person acting at the direction of the first officer. Any person exercising a power or discharging a function under this section must comply with any code of practice and with any direction of the commissioner. In this section— first officer includes, where the first officer of a rural fire brigade is unavailable to act, the next senior officer of the brigade who is available. Where a rural fire brigade is assisting in operations for controlling or extinguishing a fire, the person who pursuant to this Act or any direction given by the commissioner is in charge of those operations has the control and direction of the members of the rural fire brigade. s 140 prev s 140 amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 , 3 sch 3 ; 2001 No. 76 ss 24 (1) , 11 sch 2 sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 140 (prev s 83) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 51 (2) (sec.140-ssec.1) Where, pursuant to notification given under section 139 (2) , a rural fire brigade is in charge of operations for controlling and extinguishing a fire, the first officer of the brigade has, for that purpose— the powers of an authorised fire officer, subject to any limitation imposed by the commissioner; and the control and direction of any person (including any fire officer) whose services are available at the fire. (sec.140-ssec.2) Any power exercisable by the first officer of a rural fire brigade may be exercised by any person acting at the direction of the first officer. (sec.140-ssec.3) Any person exercising a power or discharging a function under this section must comply with any code of practice and with any direction of the commissioner. (sec.140-ssec.4) In this section— first officer includes, where the first officer of a rural fire brigade is unavailable to act, the next senior officer of the brigade who is available. (sec.140-ssec.5) Where a rural fire brigade is assisting in operations for controlling or extinguishing a fire, the person who pursuant to this Act or any direction given by the commissioner is in charge of those operations has the control and direction of the members of the rural fire brigade.
The commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, if the commissioner considers it appropriate and necessary in the circumstances. However, the commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire under subsection (1) in an area for which a rural fire brigade is in charge of fire fighting and fire prevention under section 139 (2) only if there is no first officer for the rural fire brigade, within the meaning of section 140 (4) , who is available for controlling or extinguishing the fire. The appointment under subsection (1) may be— written or oral; and for the duration of an event or for a stated or indefinite period. The appointment of a person as the person in charge of operations ends— for an appointment for the duration of an event—at the end of the event; or for an appointment for a stated period—at the end of the stated period; or for an appointment for an indefinite period—when the commissioner gives the person notice that the appointment has ended. Despite subsection (4) , the appointment of a person as the person in charge of operations ends if the commissioner gives the person notice that the appointment has ended. The person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, has the powers of the first officer of a rural fire brigade under section 140 (1) (a) and (b) . Section 140 (2) applies to the person in charge of operations as if a reference in the subsection to the first officer of a rural fire brigade were a reference to the person in charge of operations. Any person performing a function or exercising a power under this section must comply with— any relevant code of practice; and any direction given by the commissioner. s 141 prev s 141 amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 s 11 sch 2 sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 141 (prev s 83A) ins 2024 No. 22 s 49 reloc and renum 2024 No. 22 s 51 (2) amd 2024 No. 45 s 134 sch 1 (sec.141-ssec.1) The commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, if the commissioner considers it appropriate and necessary in the circumstances. (sec.141-ssec.2) However, the commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire under subsection (1) in an area for which a rural fire brigade is in charge of fire fighting and fire prevention under section 139 (2) only if there is no first officer for the rural fire brigade, within the meaning of section 140 (4) , who is available for controlling or extinguishing the fire. (sec.141-ssec.3) The appointment under subsection (1) may be— written or oral; and for the duration of an event or for a stated or indefinite period. (sec.141-ssec.4) The appointment of a person as the person in charge of operations ends— for an appointment for the duration of an event—at the end of the event; or for an appointment for a stated period—at the end of the stated period; or for an appointment for an indefinite period—when the commissioner gives the person notice that the appointment has ended. (sec.141-ssec.5) Despite subsection (4) , the appointment of a person as the person in charge of operations ends if the commissioner gives the person notice that the appointment has ended. (sec.141-ssec.6) The person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, has the powers of the first officer of a rural fire brigade under section 140 (1) (a) and (b) . (sec.141-ssec.7) Section 140 (2) applies to the person in charge of operations as if a reference in the subsection to the first officer of a rural fire brigade were a reference to the person in charge of operations. (sec.141-ssec.8) Any person performing a function or exercising a power under this section must comply with— any relevant code of practice; and any direction given by the commissioner.
The commissioner may provide any rural fire brigade with equipment for carrying out its responsibilities or may, for that purpose, subsidise the purchase of equipment by a rural fire brigade. All equipment provided by, or the purchase of which is subsidised by, the commissioner is and remains the property of the State and may at any time be repossessed by the commissioner. A justice, acting upon the complaint of the commissioner, may issue a warrant authorising any person named in it or belonging to a class of person specified in it to search for and seize any equipment that pursuant to subsection (2) is the property of the State. A person authorised to execute a warrant may, for that purpose— enter any premises in which the person believes the equipment may be located; break open anything the person believes may contain the equipment. In this section— equipment , without limiting the meaning of the term, includes plant and any liquid or gaseous substance. s 142 prev s 142 amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 2001 No. 76 s 11 sch 2 sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 142 (prev s 84) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 ss 24 (1) , 11 sch 2 ; 2014 No. 17 s 184 sch 1 pt 4 reloc and renum 2024 No. 22 s 51 (2) (sec.142-ssec.1) The commissioner may provide any rural fire brigade with equipment for carrying out its responsibilities or may, for that purpose, subsidise the purchase of equipment by a rural fire brigade. (sec.142-ssec.2) All equipment provided by, or the purchase of which is subsidised by, the commissioner is and remains the property of the State and may at any time be repossessed by the commissioner. (sec.142-ssec.3) A justice, acting upon the complaint of the commissioner, may issue a warrant authorising any person named in it or belonging to a class of person specified in it to search for and seize any equipment that pursuant to subsection (2) is the property of the State. (sec.142-ssec.4) A person authorised to execute a warrant may, for that purpose— enter any premises in which the person believes the equipment may be located; break open anything the person believes may contain the equipment. (sec.142-ssec.5) In this section— equipment , without limiting the meaning of the term, includes plant and any liquid or gaseous substance.
s 142A ins 1991 No. 51 s 3 0.2 amd 2006 No. 49 s 43 om 2014 No. 17 s 100
In this section— officer of another State means an officer of any body or organisation that, pursuant to any law of another State, is responsible for extinguishing fires in rural areas in that State. State means the State of New South Wales or the State of South Australia or the Northern Territory. Where an officer of another State determines in good faith— that a fire burning in Queensland may continue burning into the other State; or that a fire burning in the other State may continue burning into Queensland; the officer may take measures in Queensland for extinguishing or controlling the fire. If an officer of another State, in Queensland for the purpose of taking measures authorised by subsection (2) to be taken, is the senior officer present of the relevant body or organisation, the officer may exercise, subject to subsection (4) , any of the powers of a first officer of a rural fire brigade. Where, pursuant to this Act or any direction given by the commissioner, any person has control of operations at a fire in Queensland at which an officer of another State is present, that officer must obey any direction given by the person having control of operations. s 143 prev s 143 amd 5 April 1995 RA s 38; 1996 No. 42 ss 15 , 21 sch 2 ; 2001 No. 76 s 11 sch 2 sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 143 (prev s 86) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) reloc and renum 2024 No. 22 s 51 (2) (sec.143-ssec.1) In this section— officer of another State means an officer of any body or organisation that, pursuant to any law of another State, is responsible for extinguishing fires in rural areas in that State. State means the State of New South Wales or the State of South Australia or the Northern Territory. (sec.143-ssec.2) Where an officer of another State determines in good faith— that a fire burning in Queensland may continue burning into the other State; or that a fire burning in the other State may continue burning into Queensland; the officer may take measures in Queensland for extinguishing or controlling the fire. (sec.143-ssec.3) If an officer of another State, in Queensland for the purpose of taking measures authorised by subsection (2) to be taken, is the senior officer present of the relevant body or organisation, the officer may exercise, subject to subsection (4) , any of the powers of a first officer of a rural fire brigade. (sec.143-ssec.4) Where, pursuant to this Act or any direction given by the commissioner, any person has control of operations at a fire in Queensland at which an officer of another State is present, that officer must obey any direction given by the person having control of operations.
For the purposes of this part a person is taken to light a fire if the person— lights, maintains or uses the fire; or aids, procures or counsels another to light, maintain or use the fire; or being the owner or occupier of the land on which the fire is lit—permits another to light, maintain or use the fire. This part does not apply in respect of the lighting of a fire inside any building in circumstances that prevent the escape from the building of fire or any material or substance that is likely to cause fire. In this part— licence area see the Forestry Act 1959 , schedule 3 . occupier of land includes, if there is no person in actual occupation of the land— the person charged by the owner or by law with the management of the land; and if the land is a licence area— if there is a plantation sublicensee for the licence area—the plantation sublicensee; or otherwise—the plantation licensee. plantation licensee see the Forestry Act 1959 , schedule 3 . plantation officer see the Forestry Act 1959 , schedule 3 . plantation operator see the Forestry Act 1959 , schedule 3 . plantation sublicensee see the Forestry Act 1959 , schedule 3 . s 144 prev s 144 amd 1995 No. 55 s 35 ; 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 1997 No. 52 s 3 sch ; 2001 No. 76 s 11 sch 2 ; 2002 No. 60 s 20 ; 2006 No. 49 s 44 sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 144 (prev s 61) amd 2010 No. 12 s 14 ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 40 (2) (sec.144-ssec.1) For the purposes of this part a person is taken to light a fire if the person— lights, maintains or uses the fire; or aids, procures or counsels another to light, maintain or use the fire; or being the owner or occupier of the land on which the fire is lit—permits another to light, maintain or use the fire. (sec.144-ssec.2) This part does not apply in respect of the lighting of a fire inside any building in circumstances that prevent the escape from the building of fire or any material or substance that is likely to cause fire. (sec.144-ssec.3) In this part— licence area see the Forestry Act 1959 , schedule 3 . occupier of land includes, if there is no person in actual occupation of the land— the person charged by the owner or by law with the management of the land; and if the land is a licence area— if there is a plantation sublicensee for the licence area—the plantation sublicensee; or otherwise—the plantation licensee. plantation licensee see the Forestry Act 1959 , schedule 3 . plantation officer see the Forestry Act 1959 , schedule 3 . plantation operator see the Forestry Act 1959 , schedule 3 . plantation sublicensee see the Forestry Act 1959 , schedule 3 .
A person who lights a fire that is not authorised by this part or by any notification, notice or permit given under this part commits an offence against this Act. Maximum penalty—50 penalty units or 6 months imprisonment. s 145 prev s 145 amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 11 sch 2 sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 145 (prev s 62) amd 2006 No. 49 s 13 ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 40 (2)
The commissioner may, by notification published in the gazette, authorise the lighting of fires for purposes and in circumstances specified in the notification. s 145A (prev s 63) amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 s 24 reloc and renum 2024 No. 22 s 40 (2)
Notwithstanding any notification under section 145A authorising the lighting of fires the commissioner may, by giving a notice to the occupier of land, prohibit the lighting on the land of all fires or all fires other than those lit for a purpose or in circumstances specified in the notice. An occupier of land may ask the commissioner to give a notice under subsection (1) to an occupier of adjoining land. The request must be made in the way, and include the information, prescribed by regulation. The commissioner must consider the request unless the commissioner believes the request is frivolous or vexatious. In this section— occupier of adjoining land means the occupier of land that— touches some part of the land in question; or would touch some part of that land but for the existence of a watercourse, road or firebreak, that is 10m or less in width or, although wider than 10m, is not clear of vegetation or other flammable material for at least 10m in every direction. s 145B (prev s 64) amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 s 24 ; 2002 No. 60 s 23 sch ; 2023 No. 11 s 8 ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 40 (2) (sec.145B-ssec.1) Notwithstanding any notification under section 145A authorising the lighting of fires the commissioner may, by giving a notice to the occupier of land, prohibit the lighting on the land of all fires or all fires other than those lit for a purpose or in circumstances specified in the notice. (sec.145B-ssec.2) An occupier of land may ask the commissioner to give a notice under subsection (1) to an occupier of adjoining land. (sec.145B-ssec.3) The request must be made in the way, and include the information, prescribed by regulation. (sec.145B-ssec.4) The commissioner must consider the request unless the commissioner believes the request is frivolous or vexatious. (sec.145B-ssec.5) In this section— occupier of adjoining land means the occupier of land that— touches some part of the land in question; or would touch some part of that land but for the existence of a watercourse, road or firebreak, that is 10m or less in width or, although wider than 10m, is not clear of vegetation or other flammable material for at least 10m in every direction.
A person may apply to the commissioner for a permit to light a fire on any land. The application— may be made orally or in writing; and must include the information prescribed by regulation. The commissioner may grant or refuse to grant an application. Subject to subsection (5) , the commissioner must refuse to grant a permit to light a fire on any land unless satisfied that— reasonable steps have been taken to notify each occupier of adjoining land of the making of the application; and each occupier of adjoining land notified under paragraph (a) has been given a reasonable opportunity to object, orally or in writing, to the granting of the permit. The commissioner may grant a permit without complying with subsection (4) if satisfied that extraordinary circumstances exist for so doing. In this section— occupier of adjoining land see section 145B (5) . s 145C (prev s 65) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2023 No. 11 s 9 ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 40 (2) (sec.145C-ssec.1) A person may apply to the commissioner for a permit to light a fire on any land. (sec.145C-ssec.2) The application— may be made orally or in writing; and must include the information prescribed by regulation. (sec.145C-ssec.3) The commissioner may grant or refuse to grant an application. (sec.145C-ssec.4) Subject to subsection (5) , the commissioner must refuse to grant a permit to light a fire on any land unless satisfied that— reasonable steps have been taken to notify each occupier of adjoining land of the making of the application; and each occupier of adjoining land notified under paragraph (a) has been given a reasonable opportunity to object, orally or in writing, to the granting of the permit. (sec.145C-ssec.5) The commissioner may grant a permit without complying with subsection (4) if satisfied that extraordinary circumstances exist for so doing. (sec.145C-ssec.6) In this section— occupier of adjoining land see section 145B (5) .
The provisions of this part do not apply to the lighting of a fire— in a protected area by a person acting in the performance of duties under the Nature Conservation Act 1992 ; or in a State forest, timber reserve or forest entitlement area by a person acting in the performance of duties under the Forestry Act 1959 . The commissioner must not authorise the lighting of fires— in a protected area without the approval of the chief executive of the department that deals with matters arising under the Nature Conservation Act 1992 ; or in a State forest (other than a licence area), timber reserve or forest entitlement area without the approval of the chief executive of the department that deals with matters arising under the Forestry Act 1959 . For subsection (1) (b) , a person acting in the performance of duties under the Forestry Act 1959 does not include— a plantation operator; or a plantation officer. s 145D (prev s 66) amd 1992 No. 15 s 13 sch ; 1992 No. 20 s 159 sch 2 ; 1992 No. 68 s 3 sch 2 ; 1993 No. 32 s 3 sch 1 ; 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2010 No. 12 s 15 ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 40 (2) (sec.145D-ssec.1) The provisions of this part do not apply to the lighting of a fire— in a protected area by a person acting in the performance of duties under the Nature Conservation Act 1992 ; or in a State forest, timber reserve or forest entitlement area by a person acting in the performance of duties under the Forestry Act 1959 . (sec.145D-ssec.2) The commissioner must not authorise the lighting of fires— in a protected area without the approval of the chief executive of the department that deals with matters arising under the Nature Conservation Act 1992 ; or in a State forest (other than a licence area), timber reserve or forest entitlement area without the approval of the chief executive of the department that deals with matters arising under the Forestry Act 1959 . (sec.145D-ssec.3) For subsection (1) (b) , a person acting in the performance of duties under the Forestry Act 1959 does not include— a plantation operator; or a plantation officer.
Where a fire is burning on any land and the lighting of the fire is not authorised by or under this or any other Act, the occupier of the land, immediately upon becoming aware of the fire (regardless of who lit it)— must take all reasonable steps to extinguish or control the fire; and must, as soon as is practicable, report the existence and location of the fire to a fire officer, an officer of a rural fire brigade, a member of an emergency service unit, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959 ), a conservation officer within the meaning of the Nature Conservation Act 1992 or a police officer. Maximum penalty—50 penalty units or 6 months imprisonment. s 145E (prev s 67) amd 1991 No. 51 s 3 .8; 1992 No. 20 s 159 sch 2 ; 2003 No. 91 s 175 sch 1 ; 2006 No. 49 s 14 reloc and renum 2024 No. 22 s 40 (2)
Subject to subsections (2) and (3) , an occupier of land, who believes on reasonable grounds that a grass fire (that is, a fire that predominantly consumes vegetation) burning within 1.6km of that land constitutes a fire risk to that land may, together with persons acting at the direction of the occupier— enter the land on which the fire is burning and any other land in order to gain access to the land on which the fire is burning; and take on to that land equipment for extinguishing or controlling the fire; and take all reasonable measures to extinguish or control the fire. An occupier of land must not do or direct the doing of any act referred to in subsection (1) if prior notice (oral or written) of the intention to light the fire has been given to the occupier by the person lighting it or by a prescribed person unless the occupier believes on reasonable grounds that the fire has been unlawfully lit or is out of control. If it is practicable to contact a prescribed person, an occupier of land— must not do or direct the doing of any act referred to in subsection (1) unless the prescribed person has been notified of the situation; and must comply with any direction given by the prescribed person in respect of the doing of any act. If the occupier of land, or an employee, agent or contractor of the occupier of land, is also a prescribed person, the references to a prescribed person in subsections (2) and (3) do not include the occupier of land, or an employee, agent or contractor of the occupier of land. In this section— prescribed person means a fire officer, an officer of a rural fire brigade, a fire coordinator, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959 ), a conservation officer within the meaning of the Nature Conservation Act 1992 or a police officer. s 145F (prev s 68) amd 1991 No. 51 s 3 .9; 1992 No. 20 s 159 sch 2 ; 2003 No. 91 s 175 sch 1 ; 2010 No. 12 s 16 reloc and renum 2024 No. 22 s 40 (2) (sec.145F-ssec.1) Subject to subsections (2) and (3) , an occupier of land, who believes on reasonable grounds that a grass fire (that is, a fire that predominantly consumes vegetation) burning within 1.6km of that land constitutes a fire risk to that land may, together with persons acting at the direction of the occupier— enter the land on which the fire is burning and any other land in order to gain access to the land on which the fire is burning; and take on to that land equipment for extinguishing or controlling the fire; and take all reasonable measures to extinguish or control the fire. (sec.145F-ssec.2) An occupier of land must not do or direct the doing of any act referred to in subsection (1) if prior notice (oral or written) of the intention to light the fire has been given to the occupier by the person lighting it or by a prescribed person unless the occupier believes on reasonable grounds that the fire has been unlawfully lit or is out of control. (sec.145F-ssec.3) If it is practicable to contact a prescribed person, an occupier of land— must not do or direct the doing of any act referred to in subsection (1) unless the prescribed person has been notified of the situation; and must comply with any direction given by the prescribed person in respect of the doing of any act. (sec.145F-ssec.4) If the occupier of land, or an employee, agent or contractor of the occupier of land, is also a prescribed person, the references to a prescribed person in subsections (2) and (3) do not include the occupier of land, or an employee, agent or contractor of the occupier of land. (sec.145F-ssec.5) In this section— prescribed person means a fire officer, an officer of a rural fire brigade, a fire coordinator, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959 ), a conservation officer within the meaning of the Nature Conservation Act 1992 or a police officer.
The commissioner may require any occupier of premises to take measures for the purpose of reducing the risk of a fire occurring on the premises or reducing potential danger to persons, property or the environment in the event of a fire occurring on the premises. A requisition may be given— in a particular case—by giving a notice to the occupier concerned; or by notification published in the gazette in which case each occupier of land to whom the notification applies must comply with the requisition. A person to whom a requisition is given must comply with the requisition. Maximum penalty—50 penalty units or 6 months imprisonment. This provision is an executive liability provision—see section 150J . Without limiting the measures that may be required to be taken, an occupier may be required to do any of the following— make and maintain firebreaks in accordance with any directions contained in the notification or notice; remove, dispose of or otherwise deal with any vegetation or other flammable material in accordance with any directions contained in the notification or notice; obtain equipment and keep it available for use for fire fighting purposes; take measures to ensure an adequate supply of water or any other substance for fire fighting purposes; ensure that the means of escape from the premises in the event of fire can be safely and effectively used at all material times; suspend such operations as may be specified for the period specified. A notice under subsection (2) (a) must comply with the QCAT Act , section 157 (2) . Where an occupier of premises fails to comply with a notification or notice an authorised fire officer and any assistant may enter the premises and take any of the measures directed by the notification or notice to be taken and any expenses incurred in taking those measures may be recovered by the commissioner in a court of competent jurisdiction from the occupier. An authorised fire officer or an assistant who takes the measure of removing vegetation or other flammable material from premises, may take possession of and retain the material until it is disposed of pursuant to subsection (8) or until the person entitled to possession of it is determined. Where the commissioner is satisfied that anything retained pursuant to subsection (7) is the property of the occupier who failed to comply with the notification or notice the commissioner may sell or otherwise dispose of the material and the proceeds of the disposal may be applied by the commissioner in payment of expenses incurred in consequence of the failure to comply. Where the proceeds of the disposal of any material— are insufficient to cover the expenses incurred—the amount of the expenses that may be recovered under subsection (6) must be reduced by the amount of those proceeds; exceed the expenses incurred—the proceeds of the disposal must be applied in the following order— if there is an amount owing to an entity under a security interest registered against the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; in payment of any balance to the person whose property the commissioner believes the material to have been. s 145G (prev s 69) amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 ss 24 , 11 sch 2 ; 2006 No. 49 s 15 ; 2009 No. 24 s 103 ; 2010 No. 44 s 70 ; 2013 No. 51 s 229 sch 1 ; 2014 No. 17 s 184 sch 1 pt 4 ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 40 (2) (sec.145G-ssec.1) The commissioner may require any occupier of premises to take measures for the purpose of reducing the risk of a fire occurring on the premises or reducing potential danger to persons, property or the environment in the event of a fire occurring on the premises. (sec.145G-ssec.2) A requisition may be given— in a particular case—by giving a notice to the occupier concerned; or by notification published in the gazette in which case each occupier of land to whom the notification applies must comply with the requisition. (sec.145G-ssec.3) A person to whom a requisition is given must comply with the requisition. Maximum penalty—50 penalty units or 6 months imprisonment. This provision is an executive liability provision—see section 150J . (sec.145G-ssec.4) Without limiting the measures that may be required to be taken, an occupier may be required to do any of the following— make and maintain firebreaks in accordance with any directions contained in the notification or notice; remove, dispose of or otherwise deal with any vegetation or other flammable material in accordance with any directions contained in the notification or notice; obtain equipment and keep it available for use for fire fighting purposes; take measures to ensure an adequate supply of water or any other substance for fire fighting purposes; ensure that the means of escape from the premises in the event of fire can be safely and effectively used at all material times; suspend such operations as may be specified for the period specified. (sec.145G-ssec.5) A notice under subsection (2) (a) must comply with the QCAT Act , section 157 (2) . (sec.145G-ssec.6) Where an occupier of premises fails to comply with a notification or notice an authorised fire officer and any assistant may enter the premises and take any of the measures directed by the notification or notice to be taken and any expenses incurred in taking those measures may be recovered by the commissioner in a court of competent jurisdiction from the occupier. (sec.145G-ssec.7) An authorised fire officer or an assistant who takes the measure of removing vegetation or other flammable material from premises, may take possession of and retain the material until it is disposed of pursuant to subsection (8) or until the person entitled to possession of it is determined. (sec.145G-ssec.8) Where the commissioner is satisfied that anything retained pursuant to subsection (7) is the property of the occupier who failed to comply with the notification or notice the commissioner may sell or otherwise dispose of the material and the proceeds of the disposal may be applied by the commissioner in payment of expenses incurred in consequence of the failure to comply. (sec.145G-ssec.9) Where the proceeds of the disposal of any material— are insufficient to cover the expenses incurred—the amount of the expenses that may be recovered under subsection (6) must be reduced by the amount of those proceeds; exceed the expenses incurred—the proceeds of the disposal must be applied in the following order— if there is an amount owing to an entity under a security interest registered against the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; in payment of any balance to the person whose property the commissioner believes the material to have been.
The commissioner may, by notification published in the gazette, prohibit or regulate the sale, use or possession of any article or substance that the commissioner believes may constitute a fire risk. s 145H (prev s 70) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) reloc and renum 2024 No. 22 s 40 (2)
Any notification published in the gazette pursuant to this part— may be expressed so as to have effect either generally throughout the State or in part of the State only; may be expressed so as to apply differently in different circumstances; may, where it authorises or requires the doing of any act, specify conditions to be observed in respect of the doing of the act; may be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event; may be amended or revoked at any time by the commissioner by notification published in the gazette. Any permit granted or notice given pursuant to this part to a person— may, where it authorises or requires the doing of any act, specify conditions to be observed in respect of the doing of the act; may be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event; may, by the commissioner giving a notice to the person— for a permit—be amended, suspended or revoked at any time; or for a notice—be amended or revoked at any time. s 145I (prev s 71) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2023 No. 7 s 20 ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 40 (2) (sec.145I-ssec.1) Any notification published in the gazette pursuant to this part— may be expressed so as to have effect either generally throughout the State or in part of the State only; may be expressed so as to apply differently in different circumstances; may, where it authorises or requires the doing of any act, specify conditions to be observed in respect of the doing of the act; may be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event; may be amended or revoked at any time by the commissioner by notification published in the gazette. (sec.145I-ssec.2) Any permit granted or notice given pursuant to this part to a person— may, where it authorises or requires the doing of any act, specify conditions to be observed in respect of the doing of the act; may be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event; may, by the commissioner giving a notice to the person— for a permit—be amended, suspended or revoked at any time; or for a notice—be amended or revoked at any time.
A person commits an offence against this Act if the person does or, as the case may be, fails to do any of the following acts— fails to comply with any condition or direction contained in a notification, notice or permit given under this part in respect of the lighting of any fire; leaves unattended or fails to take reasonable measures to extinguish a fire in such circumstances as to cause or be likely to cause danger from fire to any person or property or to the environment; not acting in accordance with a notification, notice or permit given under this part, discards, propels or places any burning article or substance (or anything otherwise capable of causing fire)— thereby causing a fire that endangers or is likely to endanger any person or property or the environment; or in such circumstances as to be likely to cause a fire that would be likely to endanger any person or property or the environment; wilfully and unlawfully destroys, damages, removes, covers or otherwise interferes with a notice relating to the lighting of fires displayed by the commissioner or by a rural fire brigade for the purposes of this Act; knowingly provides any false or misleading information in respect of an application for a permit under section 145C ; without the consent of the commissioner, alters any particular shown in a permit granted under section 145C . Maximum penalty— if the offence is committed during a state of fire emergency at a place to which the declaration of emergency applies—250 penalty units or 1 year’s imprisonment; or otherwise—50 penalty units or 6 months imprisonment. In subsection (1) — property does not include property of the person alleged to have committed the offence in question. s 145J (prev s 72) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2006 No. 49 s 16 ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 40 (2) (sec.145J-ssec.1) A person commits an offence against this Act if the person does or, as the case may be, fails to do any of the following acts— fails to comply with any condition or direction contained in a notification, notice or permit given under this part in respect of the lighting of any fire; leaves unattended or fails to take reasonable measures to extinguish a fire in such circumstances as to cause or be likely to cause danger from fire to any person or property or to the environment; not acting in accordance with a notification, notice or permit given under this part, discards, propels or places any burning article or substance (or anything otherwise capable of causing fire)— thereby causing a fire that endangers or is likely to endanger any person or property or the environment; or in such circumstances as to be likely to cause a fire that would be likely to endanger any person or property or the environment; wilfully and unlawfully destroys, damages, removes, covers or otherwise interferes with a notice relating to the lighting of fires displayed by the commissioner or by a rural fire brigade for the purposes of this Act; knowingly provides any false or misleading information in respect of an application for a permit under section 145C ; without the consent of the commissioner, alters any particular shown in a permit granted under section 145C . Maximum penalty— if the offence is committed during a state of fire emergency at a place to which the declaration of emergency applies—250 penalty units or 1 year’s imprisonment; or otherwise—50 penalty units or 6 months imprisonment. (sec.145J-ssec.2) In subsection (1) — property does not include property of the person alleged to have committed the offence in question.
Notwithstanding the Criminal Code , sections 7 and 23 where any person commits an offence against this part in respect of the lighting of a fire as an agent or employee, the principal or employer of that person is taken to have committed the offence and may be prosecuted and punished for the offence unless it is proved that the agent or employee was acting contrary to instructions and that the principal or employer could not have prevented the commission of the offence by exercising reasonable supervision. Subsection (1) applies without prejudicing any liability imposed under this part upon the person by whom an offence is actually committed. s 145K (prev s 73) amd 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 40 (2) (sec.145K-ssec.1) Notwithstanding the Criminal Code , sections 7 and 23 where any person commits an offence against this part in respect of the lighting of a fire as an agent or employee, the principal or employer of that person is taken to have committed the offence and may be prosecuted and punished for the offence unless it is proved that the agent or employee was acting contrary to instructions and that the principal or employer could not have prevented the commission of the offence by exercising reasonable supervision. (sec.145K-ssec.2) Subsection (1) applies without prejudicing any liability imposed under this part upon the person by whom an offence is actually committed.
A person who lights a fire— authorised to be lit by notification given under section 145A or by a permit granted under section 145C ; or in order to comply with a notification or notice given under section 145G ; and who, in lighting the fire, complies with any condition or direction contained in the notification, notice or permit and does not contravene any provision of this Act does not incur any liability at common law for any loss, injury or damage caused by the fire unless it is shown that the person acted recklessly or maliciously caused the loss, injury or damage. Subsection (1) applies only in respect of a fire lit for the purpose of or likely to have the effect of burning off vegetation. s 145L (prev s 74) amd 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 40 (2) (sec.145L-ssec.1) A person who lights a fire— authorised to be lit by notification given under section 145A or by a permit granted under section 145C ; or in order to comply with a notification or notice given under section 145G ; and who, in lighting the fire, complies with any condition or direction contained in the notification, notice or permit and does not contravene any provision of this Act does not incur any liability at common law for any loss, injury or damage caused by the fire unless it is shown that the person acted recklessly or maliciously caused the loss, injury or damage. (sec.145L-ssec.2) Subsection (1) applies only in respect of a fire lit for the purpose of or likely to have the effect of burning off vegetation.
If the commissioner considers a fire emergency exists in a local government’s area, the commissioner may, by notice published under section 145N , impose a ban on the lighting of fires (a local fire ban ) in the area. A local fire ban— must not be imposed for a period of more than 14 days; and may— be imposed for an entire local government area or part of a local government area; and prohibit the lighting of all, or only particular, types of fires. The area to which a local fire ban applies is called the fire ban area . s 145M (prev s 86A) ins 1995 No. 55 s 15 amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2023 No. 7 s 7 ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 52 (2) (sec.145M-ssec.1) If the commissioner considers a fire emergency exists in a local government’s area, the commissioner may, by notice published under section 145N , impose a ban on the lighting of fires (a local fire ban ) in the area. (sec.145M-ssec.2) A local fire ban— must not be imposed for a period of more than 14 days; and may— be imposed for an entire local government area or part of a local government area; and prohibit the lighting of all, or only particular, types of fires. (sec.145M-ssec.3) The area to which a local fire ban applies is called the fire ban area .
Notice of the imposition of a local fire ban must be published on the department’s website ( normal publication ). However, if notice of the imposition of a local fire ban can not for technical or other reasons be conveniently published by normal publication, notice of the imposition may be published ( alternative publication )— in another way decided by the commissioner; and by normal publication as soon as practicable. Notice of the imposition of a local fire ban must— state the local government area to which the ban applies; and if appropriate, describe the part of the local government area to which the ban applies; and state the types of fires the lighting of which are prohibited under the ban; and state the period of the ban. As well as publishing notice of the imposition of a local fire ban by normal publication or alternative publication, the commissioner may cause the imposition of the ban to be publicised in any other way the commissioner considers appropriate. This section applies despite the Financial Accountability Act 2009 , section 88F . s 145N (prev s 86B) ins 1995 No. 55 s 15 amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) sub 2023 No. 7 s 8 reloc and renum 2024 No. 22 s 52 (2) (sec.145N-ssec.1) Notice of the imposition of a local fire ban must be published on the department’s website ( normal publication ). (sec.145N-ssec.2) However, if notice of the imposition of a local fire ban can not for technical or other reasons be conveniently published by normal publication, notice of the imposition may be published ( alternative publication )— in another way decided by the commissioner; and by normal publication as soon as practicable. (sec.145N-ssec.3) Notice of the imposition of a local fire ban must— state the local government area to which the ban applies; and if appropriate, describe the part of the local government area to which the ban applies; and state the types of fires the lighting of which are prohibited under the ban; and state the period of the ban. (sec.145N-ssec.4) As well as publishing notice of the imposition of a local fire ban by normal publication or alternative publication, the commissioner may cause the imposition of the ban to be publicised in any other way the commissioner considers appropriate. (sec.145N-ssec.5) This section applies despite the Financial Accountability Act 2009 , section 88F .
If, while a local fire ban is in force, the commissioner considers the fire emergency for which the ban was imposed has ceased to exist, the commissioner must, by notice published under this section, cancel the ban. Notice of the cancellation of a local fire ban must be published on the department’s website ( normal publication ). However, if notice of the cancellation of a local fire ban can not for technical or other reasons be conveniently published by normal publication, notice of the cancellation may be published ( alternative publication )— in another way decided by the commissioner; and by normal publication as soon as practicable. As well as publishing notice of the cancellation of a local fire ban by normal publication or alternative publication, the commissioner may cause the cancellation of the ban to be publicised in any other way the commissioner considers appropriate. This section applies despite the Financial Accountability Act 2009 , section 88F . s 145O (prev s 86C) ins 1995 No. 55 s 15 amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2023 No. 7 s 9 reloc and renum 2024 No. 22 s 52 (2) (sec.145O-ssec.1) If, while a local fire ban is in force, the commissioner considers the fire emergency for which the ban was imposed has ceased to exist, the commissioner must, by notice published under this section, cancel the ban. (sec.145O-ssec.2) Notice of the cancellation of a local fire ban must be published on the department’s website ( normal publication ). (sec.145O-ssec.3) However, if notice of the cancellation of a local fire ban can not for technical or other reasons be conveniently published by normal publication, notice of the cancellation may be published ( alternative publication )— in another way decided by the commissioner; and by normal publication as soon as practicable. (sec.145O-ssec.4) As well as publishing notice of the cancellation of a local fire ban by normal publication or alternative publication, the commissioner may cause the cancellation of the ban to be publicised in any other way the commissioner considers appropriate. (sec.145O-ssec.5) This section applies despite the Financial Accountability Act 2009 , section 88F .
A local fire ban takes effect on the day and at the time stated in the notice published under section 145N for imposing the ban. The cancellation of a local fire ban takes effect on the day and at the time stated in the notice published under section 145O for cancelling the ban. For subsections (1) and (2) , the day and time stated in the notice must not be before the day and time the notice is published. A local fire ban remains in force until the earlier of the following happens— the period of the ban stated in the notice published for the ban ends; the ban is cancelled. s 145P (prev s 86D) ins 1995 No. 55 s 15 sub 2023 No. 7 s 10 amd 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 52 (2) (sec.145P-ssec.1) A local fire ban takes effect on the day and at the time stated in the notice published under section 145N for imposing the ban. (sec.145P-ssec.2) The cancellation of a local fire ban takes effect on the day and at the time stated in the notice published under section 145O for cancelling the ban. (sec.145P-ssec.3) For subsections (1) and (2) , the day and time stated in the notice must not be before the day and time the notice is published. (sec.145P-ssec.4) A local fire ban remains in force until the earlier of the following happens— the period of the ban stated in the notice published for the ban ends; the ban is cancelled.
While a local fire ban remains in force, any authority given under this or another Act to light a fire in the fire ban area ceases to have effect, to the extent to which the authority applies to fires the lighting of which is prohibited under the ban. s 145Q (prev s 86E) ins 1995 No. 55 s 15 reloc and renum 2024 No. 22 s 52 (2)
While a local fire ban is in force, a person must not light a fire in the fire ban area if the lighting of the fire is prohibited under the ban. Maximum penalty—50 penalty units or 6 months imprisonment. s 145R (prev s 86F) ins 1995 No. 55 s 15 reloc and renum 2024 No. 22 s 52 (2)
In a proceeding for an offence against section 145R , a certificate purporting to be signed by the commissioner stating the following matters is evidence of the matters— on a stated day, or during a stated period, a local fire ban was in force at a stated place; the types of fire the lighting of which was prohibited under the ban. s 145S (prev s 86G) ins 1995 No. 55 s 15 amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 52 (2)
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
The Governor in Council, acting on the recommendation of the Minister, shall appoint a commissioner. A person is eligible for appointment as commissioner only if the person has— professional firefighting experience; and incident control expertise; and fire prevention expertise. The commissioner is to be appointed under this Act, and not under the Public Sector Act 2022 . s 5 orig s 5 amd 1995 No. 55 s 4 exp 22 November 1995 (see s 5(15)) AIA s 20A applies (see s 5(14)) pres s 5 (prev s 9) amd 1996 No. 37 s 147 sch 2 ; 1996 No. 42 ss 9 , 21 sch 2 , 3 sch 3 ; 2001 No. 76 ss 24 (1) , 11 sch 2 ; 2009 No. 25 s 83 sch ; 2014 No. 17 s 73 (1) – (3) renum and reloc 2014 No. 17 s 73 (4) amd 2022 No. 34 s 365 sch 3 ; 2024 No. 22 s 25 (sec.5-ssec.1) The Governor in Council, acting on the recommendation of the Minister, shall appoint a commissioner. (sec.5-ssec.2) A person is eligible for appointment as commissioner only if the person has— professional firefighting experience; and incident control expertise; and fire prevention expertise. (sec.5-ssec.3) The commissioner is to be appointed under this Act, and not under the Public Sector Act 2022 .
The Governor in Council shall from time to time approve the salary, allowances, and conditions of employment of a person holding office as commissioner. s 6 (prev s 10) amd 1996 No. 42 s 3 sch 3 ; 2001 No. 76 s 24 (1) renum and reloc 2014 No. 17 s 74
The Minister may appoint a person, who is eligible for appointment as commissioner, to act in the office of commissioner during— any vacancy, or all vacancies, in the office; or any period, or all periods, when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office. The Minister’s power to appoint a person to act in the office of commissioner does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (iv) and (v) . s 7 (prev s 11) sub 1996 No. 42 s 10 amd 2001 No. 76 s 24 (1) ; 2002 No. 60 s 14 renum and reloc 2014 No. 17 s 74 (sec.7-ssec.1) The Minister may appoint a person, who is eligible for appointment as commissioner, to act in the office of commissioner during— any vacancy, or all vacancies, in the office; or any period, or all periods, when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office. (sec.7-ssec.2) The Minister’s power to appoint a person to act in the office of commissioner does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (iv) and (v) .
Requires planning and safety measures for hazardous goods and buildings. The Commissioner can require off‑site emergency plans where dangerous goods are present and approve or require amendments to those plans (secs 146A–146I). For buildings, the Act imposes occupier duties: keep escape routes clear, maintain prescribed fire safety installations, keep and follow fire and evacuation plans, and — for some licensed buildings — comply with occupancy limits, counting systems and signage (secs 146L–146V, 147–147V).
Sets compulsory smoke‑alarm rules for domestic dwellings, caravans and some vehicles, and assigns testing, cleaning and battery‑replacement duties between lessor and tenant (secs 147W–148O). Some smoke‑alarm rules are phased, with transitional expiry dates stated in the Act.
Allows charging and cost recovery. The Act allows the Commissioner or regulations to fix charges for services (attending incidents, false alarms, prescribed services). It identifies who is liable (person who caused the incident, property owner, ship master in marine cases) and gives the Commissioner power to waive or reduce charges (secs 148X–149G).
Establishes finance and levy arrangements. The Emergency Management Fund is created to pay for the services (sec 152F). The Act provides a levy regime: regulations define categories and rates, local governments identify prescribed properties and issue levy notices, collect contributions and pass most of the money to the department for the Fund (secs 152G–152X). Local governments may keep an administration fee and may impose special rates to support rural brigades (secs 152R, 152ZD). Appeals and refunds are available through the Commissioner (sec 152N).
Provides offences, enforcement and appeal routes. The Act lists criminal offences (e.g. unauthorised fire lighting, false calls, interference with firefighting apparatus, obstructing officers), gives authorised officers powers to investigate, seize and secure evidence, and provides appeal or review processes (chapters 4–5, secs 150–151H, 149K–149V, 148Q–148S).
Why it matters (official purpose and tested mechanics)
Official description: the Act organises and funds firefighting and hazardous‑materials response, gives operational powers to manage incidents, sets prevention and building safety obligations, and creates funding arrangements to underwrite those services. The Commissioner and senior officers run the system and may issue directions and codes to ensure coordinated action (secs 7A, 8B, 146B, 152F).
Who pays and how money flows: owners of ‘prescribed property’ contribute under a statutory levy collected by local governments and paid into the Emergency Management Fund (secs 152E–152S). Users who cause incidents or request unnecessary attendance can be charged (secs 148X–149G). Local governments may levy additional or special charges and keep an administration fee (secs 152R, 152ZD).
Who decides and where discretion lies: the Commissioner has wide discretion — appointing senior officers, issuing directions and codes, declaring fire emergencies, requisitioning resources and setting some charges (secs 5, 7A, 7AA, 7B, 145T, 145X, 148Y). Local governments decide levy notices and collection mechanics (secs 152M, 152J). Many functions depend on delegated decisions and regulatory instruments (secs 153, 154E).
Practical trade‑offs, costs and incentives (mechanisms, not judgments)
Compliance costs: owners and occupiers face new or ongoing administrative and capital costs (fire safety installations, fire safety management plans, smoke alarms, occupancy counting systems for licensed venues) and potential penalties for non‑compliance (secs 146M–146O, 147O–147U, 147O–147Q, 147O, 147S, 147O). These rules constrain how buildings are used and may require retrofits or professional services (inspection, certification).
Concentrated vs diffuse payments: the levy targets owners of prescribed property (a concentrated group) to fund broadly shared emergency services (a diffuse public good). Local governments administer collection and keep a portion as an admin fee (secs 152H, 152R). That design concentrates collection effort on owners while dispersing benefits state‑wide.
Bureaucratic discretion and compliance risk: the Commissioner’s broad powers (directions, requisitions, codes, emergency declarations) permit rapid operational command but also centralise discretionary decision‑making. The Act builds in appeal and review paths (QCAT review of certain notices, commissioner appeal roles) but many operational decisions (e.g. prohibiting sales of certain articles, prescribing codes) rest with administrative instruments (secs 7AA, 7B, 145H, 145I, 148Q–148S).
Incentives for local government: local governments collect levies and may retain administrative fees. That creates an incentive to identify and bill prescribed properties efficiently; it also creates a modest revenue interest in collection (secs 152Q–152R).
Liability and cost‑recovery: the Act ties costs to behaviour — persons who cause incidents and certain property owners can be required to pay recovery charges; the Commissioner may also waive charges in appropriate circumstances (secs 148Y–149G). This creates both deterrent and recovery incentives.
Effects on business and operations: licensed venues can be served with occupancy notices and required to install counting and safety systems; small hospitality and accommodation providers are directly affected by fire safety management plan obligations, smoke alarm rules and possible occupancy limits (secs 147D–147O, 146Q–146R, 147Z). Those measures reduce managerial discretion over occupancy and can raise operating costs.
Implementation risks and administrative burden: many provisions depend on regulations (rates, categories, smoke alarm locations, penalty levels) and on local governments and the Commissioner coordinating data and notices (secs 152I, 148P, 145I). The levy system requires accurate property data from local governments and an appeal mechanism administered by the Commissioner (secs 152J–152N). Execution depends on resourcing and IT/process capability.
Rights and safeguards
Bottom line (short): The Act is a comprehensive statutory framework that (a) centralises operational command in a Commissioner and named senior officers, (b) gives those officers wide emergency and entry powers, (c) places duties on property owners and occupiers to maintain fire safety (with certification, planning and inspection regimes), and (d) funds fire services through a mixture of state appropriations, a levy on prescribed properties collected via local governments and targeted charges for particular services and incidents. These mechanics reallocate costs toward property owners and incident causers, increase regulatory compliance duties for occupiers and businesses, and give substantial discretion to the Commissioner and delegated officers (see secs cited above).
The main functions of the commissioner are— to manage the fire services in a way that ensures each fire service performs its functions under this Act effectively and efficiently; and to make recommendations to the Minister about any matter that— relates to the performance of functions or exercise of powers by the commissioner or the fire services; or may help the Minister in the proper administration of this Act. Without limiting subsection (1) , the commissioner also has the following functions— to decide the appropriate organisational structure of the fire services; to control and oversee the resources of the fire services; to decide the number and deployment of fire service officers and rural fire brigade members; to decide the qualifications for, and duties of, fire service officers; to be responsible for organising training and development of fire service officers and rural fire brigade members; to facilitate collaboration and coordination of the fire services for effective service delivery; to decide the dress or appearance of fire service officers and rural fire brigade members; to decide the number and location of the fire services’ facilities; to monitor the performance and management of the fire services; to report regularly to the Minister on the capability of the fire services to perform the functions of the fire services under this Act; to report to the Minister on the functions performed by the chief fire officer in each reporting period under section 7J . The commissioner’s functions also include any other function given to the commissioner under this Act or another Act. s 7A ins 2014 No. 17 s 66 amd 2024 No. 18 s 10 ; 2024 No. 22 s 26 (sec.7A-ssec.1) The main functions of the commissioner are— to manage the fire services in a way that ensures each fire service performs its functions under this Act effectively and efficiently; and to make recommendations to the Minister about any matter that— relates to the performance of functions or exercise of powers by the commissioner or the fire services; or may help the Minister in the proper administration of this Act. (sec.7A-ssec.2) Without limiting subsection (1) , the commissioner also has the following functions— to decide the appropriate organisational structure of the fire services; to control and oversee the resources of the fire services; to decide the number and deployment of fire service officers and rural fire brigade members; to decide the qualifications for, and duties of, fire service officers; to be responsible for organising training and development of fire service officers and rural fire brigade members; to facilitate collaboration and coordination of the fire services for effective service delivery; to decide the dress or appearance of fire service officers and rural fire brigade members; to decide the number and location of the fire services’ facilities; to monitor the performance and management of the fire services; to report regularly to the Minister on the capability of the fire services to perform the functions of the fire services under this Act; to report to the Minister on the functions performed by the chief fire officer in each reporting period under section 7J . (sec.7A-ssec.3) The commissioner’s functions also include any other function given to the commissioner under this Act or another Act.
The commissioner may give a direction if the commissioner considers it necessary or convenient to give the direction to ensure the efficient and proper functioning of the fire services. A direction under subsection (1) — may be written or oral; and may apply to all or any of the following persons— the chief fire officer; fire service officers; rural fire brigade members. s 7AA ins 2024 No, 22 s 27 (sec.7AA-ssec.1) The commissioner may give a direction if the commissioner considers it necessary or convenient to give the direction to ensure the efficient and proper functioning of the fire services. (sec.7AA-ssec.2) A direction under subsection (1) — may be written or oral; and may apply to all or any of the following persons— the chief fire officer; fire service officers; rural fire brigade members.
The commissioner may from time to time issue codes of practice relating to— the functions, powers, conduct and appearance of fire service officers; or any functions imposed or powers conferred by or under this Act on any other person other than the Minister. The commissioner may at any time amend or revoke a code of practice. A provision of a code of practice is of no effect if inconsistent with a provision of this Act. Provisions of a code of practice may differ according to differences in time, place or circumstance or according to the fire service officers or classes of fire service officers to whom they are expressed to apply. Evidence of any provision of a code of practice may be given by the production of a document purporting to be certified by the commissioner as being a true copy of the provision. s 7B (prev s 18) amd 1996 No. 42 ss 21 sch 2 , 3 sch 3 ; 1998 No. 37 s 9 sch ; 2001 No. 76 ss 24 (1) , 11 sch 2 ; 2014 No. 17 s 76 (1) renum and reloc 2014 No. 17 s 76 (2) (sec.7B-ssec.1) The commissioner may from time to time issue codes of practice relating to— the functions, powers, conduct and appearance of fire service officers; or any functions imposed or powers conferred by or under this Act on any other person other than the Minister. (sec.7B-ssec.2) The commissioner may at any time amend or revoke a code of practice. (sec.7B-ssec.3) A provision of a code of practice is of no effect if inconsistent with a provision of this Act. (sec.7B-ssec.4) Provisions of a code of practice may differ according to differences in time, place or circumstance or according to the fire service officers or classes of fire service officers to whom they are expressed to apply. (sec.7B-ssec.5) Evidence of any provision of a code of practice may be given by the production of a document purporting to be certified by the commissioner as being a true copy of the provision.
The commissioner is to appoint a chief fire officer. A person is eligible for appointment as chief fire officer only if the person has— professional firefighting experience; and incident control expertise; and fire prevention expertise. The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the chief fire officer. The chief fire officer is to be employed under this Act and not the Public Sector Act 2022 . s 7C ins 2024 No. 22 s 28 (sec.7C-ssec.1) The commissioner is to appoint a chief fire officer. (sec.7C-ssec.2) A person is eligible for appointment as chief fire officer only if the person has— professional firefighting experience; and incident control expertise; and fire prevention expertise. (sec.7C-ssec.3) The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the chief fire officer. (sec.7C-ssec.4) The chief fire officer is to be employed under this Act and not the Public Sector Act 2022 .
The chief fire officer holds office for the term and on the conditions stated in the person’s contract of employment. s 7D ins 2024 No. 22 s 28
The chief fire officer may, at any time, resign office as chief fire officer by signed notice given to the commissioner. s 7E ins 2024 No. 22 s 28
The commissioner may appoint a person, who is eligible for appointment as chief fire officer, to act in the office of chief fire officer during— any vacancy, or all vacancies, in the office; or any period, or all periods, when the chief fire officer is absent from duty, or can not, for another reason, perform the functions of the office. s 7F ins 2024 No. 22 s 28
The functions of the chief fire officer are— to provide advice to the commissioner about the fire services, including matters relating to service delivery, operational culture, best practice and innovation and research; and to perform other functions given to the chief fire officer under this or another Act. The chief fire officer is subject to the direction of the commissioner in performing the chief fire officer’s functions under this Act. s 7G ins 2024 No. 22 s 28 (sec.7G-ssec.1) The functions of the chief fire officer are— to provide advice to the commissioner about the fire services, including matters relating to service delivery, operational culture, best practice and innovation and research; and to perform other functions given to the chief fire officer under this or another Act. (sec.7G-ssec.2) The chief fire officer is subject to the direction of the commissioner in performing the chief fire officer’s functions under this Act.
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