42Use of building intruder alarms

42 Use of building intruder alarms

42 Use of building intruder alarms

(1) The occupier of any premises must not cause or permit a building intruder alarm installed on those premises to be used so as to emit noise that can be heard within a room in any other residential premises (that is not a garage, storage area, bathroom, laundry, toilet or pantry), regardless of whether any door or window to that room is open, unless the alarm is so constructed and regulated that—

(a) in the case of an alarm installed before 1 December 1997—

(i) it automatically ceases to sound, whether continuously or intermittently, within 10 minutes after being activated by a detection device, and

(ii) it cannot be reactivated (except by a different detection device) until it has been manually or automatically reset, or

(b) in the case of an alarm installed on or after 1 December 1997—

(i) it automatically ceases to sound, whether continuously or intermittently, within 5 minutes after being activated by a detection device, and

(ii) it cannot be reactivated (except by a different detection device) until it has been manually reset.

(2) The maximum penalty for an offence under subclause (1) is—

(a) if the alarm is sounded, whether continuously or intermittently, for a period that does not exceed 4 hours—100 penalty units in the case of a corporation or 50 penalty units in the case of an individual, or

(b) if the alarm is sounded, whether continuously or intermittently, for a period that exceeds 4 hours but does not exceed 8 hours—200 penalty units in the case of a corporation or 100 penalty units in the case of an individual, or

(c) if the alarm is sounded, whether continuously or intermittently, for a period that exceeds 8 hours—300 penalty units in the case of a corporation or 150 penalty units in the case of an individual.