36FRemoval of, or interference with, smoke alarms

36F Removal of, or interference with, smoke alarms

[Section 36F Inserted by No. 28 of 2012, s. 4, Applied:01 May 2013]

(1)  A person must not remove, or interfere with the operation of, a smoke alarm that is in place on premises as required under section 36C .

Penalty:  Fine not exceeding 20 penalty units.

(2)  It is a defence to a charge of committing an offence against subsection (1) if the person charged proves that –

(a) the smoke alarm was removed so as to enable the repair or maintenance of the smoke alarm; and

(b) the smoke alarm was removed for no longer than was reasonably necessary to enable the repair or maintenance.

(3)  It is a defence to a charge of committing an offence against subsection (1) in relation to premises if the person charged proves that –

(a) the smoke alarm was removed so as to enable the replacement of the smoke alarm; and

(b) the smoke alarm was, as soon as practicable after being removed, replaced by another smoke alarm that complies with the requirements, prescribed for the purposes of section 36C , that apply in relation to the premises.

(4)  A person must not wilfully cause to malfunction, or to cease to operate effectively, a smoke alarm that is in place on premises as required under section 36C .

Penalty:  Fine not exceeding 40 penalty units.