148ZRefusal or failure to comply with requirement

148Z Refusal or failure to comply with requirement A person must not, without reasonable excuse, refuse or fail to comply with a requirement of a fire safety inspector under section 148Y. S. 148ZA inserted by No. 64/2010 s. 7, amended by No. 71/2011 s. 25. 148ZA Offence to refuse entry to a fire safety inspector A licensee, permittee or person who appears to be a responsible person must not refuse to allow a fire safety inspector to enter the premises. Note to s. 148ZA inserted by No. 13/2013 s. 29(2). S. 148ZB inserted by No. 64/2010 s. 7. 148ZB Offence to give false or misleading information (a) give information to a fire safety inspector under this Part that the person believes to be false or misleading in any material particular; or (b) produce a document to a fire safety inspector under this Part that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information. Division 3—Closure and evacuation notices S. 148ZC inserted by No. 64/2010 s. 7. 148ZC Advice of fire safety inspector as to serious fire threat S. 148ZC(1) amended by No. 58/2011 s. 104(Sch. item 4.212). (1) A fire safety inspector who reasonably believes that a serious fire threat to a premises searched exists must advise the Commission of his or her belief. (2) In forming a reasonable belief under subsection (1) a fire safety inspector may have regard to— (a) any inadequacy of existing fire safety equipment or features on the premises; or (b) any failure to maintain existing fire safety equipment or features to a standard of safety and reliability in the event of a fire; or (c) any inadequacy of exit signage, emergency lighting or access to the means of egress from the premises; or (d) any inadequacy, isolation or disconnection of a fire or smoke detection system, sprinkler system, alarm or alarm monitoring system, or other warning system; or (e) any activity that is undertaken on the premises; or (f) any such condition or combination of conditions on the premises. S. 148ZC(3) amended by No. 58/2011 s. 104(Sch. item 4.212). (3) Before advising the Commission under subsection (1) a fire safety inspector may if he or she believes it is appropriate to do so, having regard to the serious fire threat and the time required to rectify a matter on which the fire safety inspector has formed the reasonable belief— (a) offer a licensee or permittee an opportunity to carry out immediate rectification work within the period of the search; and (b) may require an additional temporary measure be taken while the immediate rectification work is carried out under paragraph (a). An additional temporary measure that may be required could include that alcohol is not served, the lights are turned on or music is not played or patrons not admitted to the premises during a period of time offered under section 148ZC(3). S. 148ZD inserted by No. 64/2010 s. 7. 148ZD Issue of closure and evacuation notice S. 148ZD(1) amended by No. 58/2011 s. 104(Sch. item 4.213). (1) The Commission on receipt of the advice of a fire safety inspector under section 148ZC(1) must, if satisfied that the requirements of this Part have been met, issue a notice— (a) requiring the licensed premises to be closed; and (b) requiring the licensed premises to be evacuated. S. 148ZD(2) amended by No. 58/2011 s. 104(Sch. item 4.214). (2) If the Commission on receipt of the advice of a fire safety inspector under section 148ZC(1) is not satisfied that the requirements of this Part have been met, the Commission may— (a) instruct the fire safety inspector to satisfy any requirement of this Part; or (b) instruct the fire safety inspector to leave the premises searched without taking further action. S. 148ZD(3) amended by No. 58/2011 s. 104(Sch. item 4.215). (3) The Commission must record in writing any instruction given to a fire safety inspector under subsection (2) and the issuing of a notice under subsection (1). S. 148ZE inserted by No. 64/2010 s. 7. 148ZE Service of closure and evacuation notice S. 148ZE(1) amended by Nos 58/2011 s. 104(Sch. item 4.216), 71/2011 s. 26. (1) On the Commission issuing a closure and evacuation notice, the fire safety inspector on whose advice the notice was issued must sign a copy of the notice that complies with section 148ZG and serve the copy of the notice on the licensee, permittee or person who appears to be a responsible person. (2) A closure and evacuation notice comes into effect when the copy of the notice is served under subsection (1). S. 148ZF inserted by No. 64/2010 s. 7. 148ZF Issue and service of subsequent notice S. 148ZF(1) amended by No. 58/2011 s. 104(Sch. item 4.217). (1) The Commission on receipt of the advice of a fire safety inspector may issue a subsequent notice in relation to work that must be completed to rectify the fire safety threat contained in a notice issued under section 148ZD. S. 148ZF(2) amended by No. 58/2011 s. 104(Sch. item 4.217). (2) The Commission must record in writing the issuing of a subsequent notice under subsection (1). S. 148ZF(3) amended by Nos 58/2011 s. 104(Sch. item 4.217), 71/2011 s. 27. (3) On the Commission issuing a subsequent notice, the fire safety inspector on whose advice the notice was issued must sign a copy of the subsequent notice and serve a copy of the notice on the licensee, permittee or person who appears to be a responsible person within 48 hours after the service of the initial closure and evacuation notice. S. 148ZG inserted by No. 64/2010 s. 7. 148ZG Content of closure and evacuation notice A closure and evacuation notice must be in the prescribed form and must contain the following information— (a) the name and address of the licensed premises to which the notice applies; and (b) the name and position of the fire safety inspector that served the notice; and (c) the time and date that the notice was given and takes effect; and (d) the work that must be completed to the satisfaction of the fire safety inspector to rectify the serious fire threat; and (e) the fact that the licensee or permittee may request the fire safety inspector conduct an inspection of work completed to rectify a serious fire threat; and S. 148ZG(f) amended by No. 58/2011 s. 104(Sch. item 4.218). (f) the fact that the licensee or permittee must notify the Commission in writing that the work to rectify a serious fire threat has been completed; and S. 148ZG(g) amended by No. 58/2011 s. 104(Sch. item 4.218). (g) the fact that the notice may be revoked by the Commission under section 148ZP; and (h) the fact that it is an offence not to comply with the notice; and (i) the fact that it is an offence to allow a person to enter the licensed premises until the notice is revoked except to a person engaged in carrying out the rectification work specified in this notice; and (j) the fact that it is an offence not to display the sign at all entrances and exits of the licensed premises; and (k) the maximum penalties for those offences; and (l) the fact that the fire safety inspector may within 48 hours after the service of an initial closure and evacuation notice provide a subsequent notice containing additional information about the work that must be completed to rectify the serious fire threat. S. 148ZH inserted by No. 64/2010 s. 7. 148ZH Direction to leave licensed premises (1) Subject to subsection (2), a fire safety inspector or an authorised person while a closure and evacuation notice is in force may direct any person in the licensed premises to which the notice applies to leave the licensed premises in the manner directed. (2) The fire safety inspector or an authorised person must— (a) produce his or her identity card before exercising a power under subsection (1); and (i) the fire safety inspector or authorised person is empowered to direct the person to leave the licensed premises; and (ii) it is an offence to fail to comply with the direction. (3) A direction under subsection (1)— S. 148ZH(4) amended by No. 37/2014 s. 10(Sch. item 96.31). (4) A police officer may exercise a power under this section if a request for assistance has been made under section 148ZI by the fire safety inspector. S. 148ZI inserted by No. 64/2010 s. 7, amended by No. 37/2014 s. 10(Sch. item 96.31). 148ZI Fire safety inspector may request assistance of police The fire safety inspector may request the assistance of a police officer to effect the immediate closure and evacuation of a licensed premises under a closure and evacuation notice. S. 148ZJ inserted by No. 64/2010 s. 7. 148ZJ Offence to fail or refuse to comply with a closure and evacuation notice or direction (1) A licensee or permittee to whom a closure and evacuation notice applies must not contravene the notice. Penalty: 240 penalty units. Note to s. 148ZJ(1) inserted by No. 13/2013 s. 29(4). (2) A person must comply with any direction given by a fire safety inspector or an authorised person under section 148ZH. S. 148ZK inserted by No. 64/2010 s. 7. 148ZK Offence to allow entry After the service of a closure and evacuation notice a licensee or permittee must not allow a person to enter the licensed premises until the notice is revoked under section 148ZP, except to allow entry to a person engaged in carrying out the rectification work specified in the notice. Note to s. 148ZK inserted by No. 13/2013 s. 29(8). Section 53B applies to an offence against this section. S. 148ZL inserted by No. 64/2010 s. 7. 148ZL Sign must be displayed (1) A licensee or permittee must cause a sign to be displayed at all entrances and exits of the licensed premises when a closure and evacuation notice is in force in respect of the premises. Penalty: 10 penalty units. Note to s. 148ZL(1) inserted by No. 13/2013 s. 29(1). S. 148ZL(2) amended by No. 58/2011 s. 104(Sch. item 4.219). (2) A sign displayed under subsection (1), must be in a form approved by the Commission and include the prescribed particulars. S. 148ZM inserted by No. 64/2010 s. 7, amended by No. 58/2011 s. 104(Sch. item 4.220). 148ZM Injunction to prevent or restrain a contravention The Commission may apply to the Supreme Court for an injunction to prevent or restrain the licensee or permittee from contravening a closure and evacuation notice. S. 148ZN inserted by No. 64/2010 s. 7. 148ZN Notification of completion of rectification work S. 148ZN(1) amended by No. 58/2011 s. 104(Sch. item 4.221). (1) The licensee or permittee must give notice to the Commission in writing on completion of the rectification work required by a closure and evacuation notice and a subsequent notice issued under section 148ZF if any. S. 148ZN(2) amended by No. 58/2011 s. 104(Sch. item 4.221). (2) The Commission on receiving notice under subsection (1) must request that a fire safety inspector inspect the licensed premises. S. 148ZN(3) amended by No. 58/2011 s. 104(Sch. item 4.221). (3) The fire safety inspector must inspect the premises within 48 hours of being requested to do so by the Commission under subsection (2). S. 148ZO inserted by No. 64/2010 s. 7, amended by No. 58/2011 s. 104(Sch. item 4.222). 148ZO Inspection by fire safety inspector of rectification work On inspecting the licensed premises under section 148ZN(3) or on request of the licensee or permittee, the fire safety inspector must advise the Commission if the work required to rectify the serious fire threat has or has not been satisfactorily completed. S. 148ZP inserted by No. 64/2010 s. 7. 148ZP Revocation of closure and evacuation notice and subsequent notice S. 148ZP(1) amended by No. 58/2011 s. 104(Sch. item 4.223). (1) If the fire safety inspector advises the Commission that the work required to rectify the serious fire threat has been satisfactorily completed, the Commission must revoke the closure and evacuation notice and any subsequent notice. S. 148ZP(2) amended by Nos 58/2011 s. 104(Sch. item 4.223), 71/2011 s. 28. (2) If the Commission revokes the closure and evacuation notice and any subsequent notice under subsection (1) the fire safety inspector must sign a document that records the revocation of the notice and any subsequent notice and serve the document on the licensee, permittee or a person who appears to be a responsible person. (3) The revocation of the closure and evacuation notice and any subsequent notice comes into effect on the service of the document under subsection (2). (4) A document under subsection (2) must be in the prescribed form. S. 148ZP(5) amended by No. 58/2011 s. 104(Sch. item 4.223). (5) The Commission must record in writing a decision to revoke a closure and evacuation notice and any subsequent notice. S. 148ZQ inserted by No. 64/2010 s. 7. 148ZQ Giving advice or a decision in writing or orally S. 148ZQ(1) amended by No. 58/2011 s. 104(Sch. item 4.224). (1) A fire safety inspector may give advice under section 148ZC, 148ZF or 148ZO to the Commission in writing or orally. S. 148ZQ(2) amended by No. 58/2011 s. 104(Sch. item 4.224). (2) The Commission may advise a fire safety inspector of an instruction or decision under section 148ZD, 148ZF or 148ZP in writing or orally. S. 148ZQ(3) amended by No. 58/2011 s. 104(Sch. item 4.224). (3) If a fire safety inspector signs and serves a document under this Part after receiving oral advice as to an instruction or direction of the Commission, a copy of the document must be provided to the Commission within 48 hours. S. 148ZQ(4) amended by No. 58/2011 s. 104(Sch. item 4.224). (4) If the Commission has advised the fire safety inspector orally as to an instruction or direction under this Part, the Commission must provide a copy of the record of decision or instruction to the fire safety inspector within 5 working days of giving advice of the instruction or decision orally. Pt 8B Div. 4 (Heading and s. 148ZR) amended by Nos 64/2010 s. 7, 58/2011 s. 104(Sch. items 4.225, 4.226), 1/2013 s. 4, repealed by No. 26/2022 s. 20. Division 5—General S. 148ZS inserted by No. 64/2010 s. 7. 148ZS Disclosure of information for enforcement purposes S. 148ZS(1) amended by No. 58/2011 s. 104(Sch. item 4.227). (1) If the Commission obtains information in the course of administering or carrying out functions, powers or duties under this Part, the Commission may disclose that information to— (a) the Chief Officer, and (b) subject to section 148ZT a municipal building surveyor of a Council; and S. 148ZS(1)(c) amended by No. 37/2014 s. 10(Sch. item 96.31). S. 148ZS(2) amended by No. 58/2011 s. 104(Sch. item 4.227). (2) The information that may be disclosed by the Commission to a person under subsection (1) includes— (a) the fact that a closure and evacuation notice has been issued; and (b) the name of the licensee or permittee to whom the closure and evacuation notice has been issued; and (c) the time and date that the closure and evacuation notice took effect; and (d) a copy of the closure and evacuation notice; and (e) any subsequent notice; and S. 148ZS(2)(f) amended by No. 58/2011 s. 104(Sch. item 4.227). (f) any information related to a search conducted under section 148W that the Commission considers necessary for the purpose of the effective and efficient enforcement of a relevant provision of the **Building Act 1993**; and (g) the fact that the closure and evacuation notice has been revoked. S. 148ZS(3) amended by No. 58/2011 s. 104(Sch. item 4.227). (3) Any information disclosed by the Commission under subsection (2) must not be used by— S. 148ZS(3)(a) amended by No. 20/2019 s. 183. (a) the Chief Officer, except for the enforcement of this Part or a relevant provision of the **Fire Rescue Victoria Act 1958** or the **Country Fire Authority Act 1958**; and S. 148ZS(3)(b) amended by No. 9/2020 s. 390(Sch. 1 item 62.2). (b) a municipal building surveyor of a Council, except for the enforcement of this part or a relevant provision of the **Building Act 1993** or the **Local** **Government Act 2020**; and S. 148ZS(3)(c) amended by No. 37/2014 s. 10(Sch. item 96.31). (c) a police officer, except for the enforcement of this Part. S. 148ZT (Heading) amended by No. 58/2011 s. 104(Sch. item 4.228). S. 148ZT inserted by No. 64/2010 s. 7. 148ZT Disclosure of information by the Commission S. 148ZT(1) amended by No. 58/2011 s. 104(Sch. item 4.229). (1) If the Commission issues a closure and evacuation notice for a licensed premises the Commission must disclose the following information to the municipal building surveyor of the Council within the municipal district of which the premises is situated within 5 working days of the issue of the notice— (a) the fact that a notice has been issued; and (b) the name of the licensee or permittee to whom notice has been issued; and (c) the time and date that the notice took effect; and (d) a copy of the notice; and (e) any subsequent notice; and S. 148ZT(1)(f) amended by No. 23/2012 s. 6(2). (f) any other information related to the notice that the Commission considers necessary for the purpose of the effective and efficient enforcement of a relevant provision of the **Building Act 1993**. S. 148ZT(2) amended by No. 58/2011 s. 104(Sch. item 4.230(a)). (2) If the licence of the licensed premises to which a closure and evacuation notice applies has been surrendered or suspended or cancelled the Commission must disclose that fact to the municipal building surveyor of the Council within the municipal district of which the premises is situated within 5 working days of the surrender, suspension or cancellation. S. 148ZT(3) amended by No. 58/2011 s. 104(Sch. item 4.230(b)). (3) If the Commission revokes a closure and evacuation notice and any subsequent notice for a licensed premises the Commission must disclose that fact to the municipal building surveyor of the Council within the municipal district of which the premises is situated within 5 working days. S. 148ZT(4) amended by Nos 58/2011 s. 104(Sch. item 4.230(c)), 9/2020 s. 390(Sch. 1 item 62.2). (4) Any information disclosed by the Commission under subsections (1) or (2) must not be used by a municipal building surveyor, except for the enforcement of a relevant provision of the **Building Act 1993** or **Local** **Government Act 2020**. Ss 148ZU–148ZW inserted by No. 64/2010 s. 7, repealed by No. 58/2011 s. 68. S. 148ZX inserted by No. 64/2010 s. 7. 148ZX Power to serve an infringement notice (1) If an authorised person has reason to believe that a person has committed an offence referred to in subsection (2), he or she may serve an infringement notice on that person. (2) An infringement notice may be served in respect of an offence against section 148ZJ(2) (refusal or failure to comply with a direction). S. 148ZY inserted by No. 64/2010 s. 7. 148ZY Infringement penalties The infringement penalty for an offence against section 148ZJ(2) is 2 penalty units. S. 148ZZ inserted by No. 64/2010 s. 7, repealed by No. 1/2013 s. 5.