Fire Services Act 1990
sec.147SAction if an officer knows or suspects the occupancy number is being exceeded
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sec.147S Action if an officer knows or suspects the occupancy number is being exceeded
This section applies if, at any time, an authorised fire officer knows or reasonably suspects the number of persons in the building is more than the occupancy number for the building. The officer may require the occupier to do, or stop doing, a stated thing for the purpose of reducing the number of persons in the building or reducing the risk to the safety of persons in the building. The officer may, for example, ask the occupier to— stop anyone else entering the building; or stop serving alcohol in the building; or turn on the lights in the building; or stop music being played or other entertainment happening in the building; or ask persons in the building to leave. The requirement may be made orally or in writing. If the requirement is made orally, the officer must confirm the requirement in writing as soon as practicable. The occupier must comply with the requirement unless the occupier has a reasonable excuse. Maximum penalty—50 penalty units. This section does not limit another power of the officer under this Act. In this section— occupier includes a person in charge, or apparently in charge, of the building. s 147S (prev s 104KQ) ins 2006 No. 49 s 27 reloc and renum 2024 No. 22 s 56 (2) (sec.147S-ssec.1) This section applies if, at any time, an authorised fire officer knows or reasonably suspects the number of persons in the building is more than the occupancy number for the building. (sec.147S-ssec.2) The officer may require the occupier to do, or stop doing, a stated thing for the purpose of reducing the number of persons in the building or reducing the risk to the safety of persons in the building. (sec.147S-ssec.3) The officer may, for example, ask the occupier to— stop anyone else entering the building; or stop serving alcohol in the building; or turn on the lights in the building; or stop music being played or other entertainment happening in the building; or ask persons in the building to leave. (sec.147S-ssec.4) The requirement may be made orally or in writing. (sec.147S-ssec.5) If the requirement is made orally, the officer must confirm the requirement in writing as soon as practicable. (sec.147S-ssec.6) The occupier must comply with the requirement unless the occupier has a reasonable excuse. Maximum penalty—50 penalty units. (sec.147S-ssec.7) This section does not limit another power of the officer under this Act. (sec.147S-ssec.8) In this section— occupier includes a person in charge, or apparently in charge, of the building.
- (a) stop anyone else entering the building; or
- (b) stop serving alcohol in the building; or
- (c) turn on the lights in the building; or
- (d) stop music being played or other entertainment happening in the building; or
- (e) ask persons in the building to leave.