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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Fire and Rescue Service
Amendment Bill 2006
Queensland
Fire and Rescue Service Amendment
Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Fire and Rescue Service Act 1990
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Replacement of s 7 (Extent to which Act binds the Crown) . . . . . 8
7 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 53 (Powers of authorised officer in dangerous
situations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Amendment of s 55 (Powers of authorised officer for
preventative or investigative purposes) . . . . . . . . . . . . . . . . . . . . 9
7 Amendment of s 56 (Extent of power of entry). . . . . . . . . . . . . . . 10
8 Insertion of new ss 56A-56F . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
56A Power to seize evidence etc. . . . . . . . . . . . . . . . . . . . 10
56B Powers supporting seizure . . . . . . . . . . . . . . . . . . . . . 10
56C Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . 11
56D Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . 12
56E Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . 12
56F Access to seized things . . . . . . . . . . . . . . . . . . . . . . . 13
9 Replacement of s 57 (Power to require name and address) . . . . 13
57 Power to require name and address . . . . . . . . . . . . . 13
10 Omission of s 58 (Use of answer given under compulsion) . . . . . 14
11 Amendment of s 58A (Reasonable assistance to be provided) . . 14
12 Insertion of new ss 58B and 58C . . . . . . . . . . . . . . . . . . . . . . . . . 15
58B Power to inquire into fire or hazardous materials
emergency ............................ 15
58C Power to require production of certain documents . . . 16
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Fire and Rescue Service Amendment Bill 2006
13 Amendment of s 62 (Offence to light unauthorised fire) . . . . . . . . 16
14 Amendment of s 67 (Occupier to extinguish fire) . . . . . . . . . . . . . 17
15 Amendment of s 69 (Requisition by commissioner to reduce fire
risk) .......................................... 17
16 Amendment of s 72 (Offences re lighting fires) . . . . . . . . . . . . . . 18
17 Amendment of s 104A (Interpretation) . . . . . . . . . . . . . . . . . . . . . 18
18 Amendment of s 104B (Application to prisons) . . . . . . . . . . . . . . 19
19 Amendment of s 104C (Occupier of building to maintain means
of escape from building) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
20 Amendment of s 104D (Occupier of building to maintain
prescribed fire safety installations) . . . . . . . . . . . . . . . . . . . . . . . . 19
21 Insertion of new s 104DA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
104DA Additional requirement for monitored systems . . . . . . 20
22 Amendment of s 104E (Fire and evacuation plan) . . . . . . . . . . . . 21
23 Amendment of s 104FA (Obligation to prepare fire safety
management plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
24 Amendment of s 104FB (Other obligations about fire safety
management plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
25 Insertion of new pt 9A, div 2, sdiv 3A . . . . . . . . . . . . . . . . . . . . . . 23
Subdivision 3A Matters relating to particular proceedings
under this division
104FGA Provisions applying for particular proceedings. . . . . . 23
26 Amendment of pt 9A, div 2, sdiv 5 hdg (Chief commissioner's
notice about occupier's and owner's obligations) . . . . . . . . . . . . . 24
27 Insertion of new pt 9A, div 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3A Occupancy limits for particular licensed
buildings
Subdivision 1 Preliminary
104KA Definitions for div 3A. . . . . . . . . . . . . . . . . . . . . . . . . . 24
104KB Object of div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
104KC Application of div 3A to a part of a licensed building . 26
Subdivision 2 Occupancy notices
104KD Deciding if a building is an at risk licensed building . . 26
104KE Deciding an occupancy number . . . . . . . . . . . . . . . . . 27
104KF Commissioner may give occupancy notice to
occupier ............................. 27
104KG Occupancy number applying during particular uses
or circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
104KH Application and currency of occupancy notice . . . . . . 28
104KI Re-assessment of risk of overcrowding . . . . . . . . . . . 28
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Fire and Rescue Service Amendment Bill 2006
Subdivision 3 Obligations of occupiers of at risk licensed
buildings
104KJ Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 30
104KK Ensuring the occupancy number is not exceeded . . . 30
104KL Ensuring staff are aware of the occupancy number . . 30
104KM Implementing a counting system . . . . . . . . . . . . . . . . 30
104KN Displaying signs stating the occupancy number. . . . . 31
104KO Including the occupancy number in the fire and
evacuation plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
104KP Notifying the commissioner of relevant changes . . . . 32
104KQ Action if an officer knows or suspects the occupancy
number is being exceeded . . . . . . . . . . . . . . . . . . . . . 32
Subdivision 4 Miscellaneous
104KR Commissioner may give copies of notices to chief
executive (liquor licensing) . . . . . . . . . . . . . . . . . . . . . 33
104KS Commissioner may publish occupancy numbers . . . . 33
28 Omission of pt 9A, div 4, hdg (Objection to notices) . . . . . . . . . . 33
29 Amendment of s 104L (Persons aggrieved by notice may object) 34
30 Amendment of s 104M (Panel of referees to be convened) . . . . . 34
31 Amendment of s 104N (Membership of panel of referees). . . . . . 34
32 Amendment of s 104O (Determination of objection) . . . . . . . . . . 35
33 Amendment of s 104P (Relief from penalty pending
determination of objection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
34 Insertion of new s 104PA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
104PA Stay of operation of s 69 notice . . . . . . . . . . . . . . . . . 36
35 Amendment of s 104Q (Appeal from panel of referees). . . . . . . . 36
36 Amendment of s 104R (Injunctions) . . . . . . . . . . . . . . . . . . . . . . . 37
37 Insertion of new pt 9A, div 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 5A Smoke alarms for domestic dwellings
104RA Definitions for div 5A. . . . . . . . . . . . . . . . . . . . . . . . . . 37
104RB Owner must install smoke alarm . . . . . . . . . . . . . . . . 39
104RC Lessor must replace smoke alarm . . . . . . . . . . . . . . . 40
104RD Testing smoke alarms. . . . . . . . . . . . . . . . . . . . . . . . . 40
104RE Replacing the batteries. . . . . . . . . . . . . . . . . . . . . . . . 41
104RF Tenant must advise lessor if smoke alarm needs
replacing ......................... 41
104RG Cleaning smoke alarms . . . . . . . . . . . . . . . . . . . . . . . 42
104RH Person must not interfere with smoke alarm . . . . . . . 42
104RI Division applies for all alarms. . . . . . . . . . . . . . . . . . . 43
4
Fire and Rescue Service Amendment Bill 2006
104RJ Agent may act for owner. . . . . . . . . . . . . . . . . . . . . . . 43
104RK Notice to transferee of residential land about smoke
alarms ................................ 43
104RL Notice to chief executive about smoke alarms and
other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
104RM Notice to buyer of manufactured home about smoke
alarms ................................ 45
38 Amendment of s 104S (Regulations relating to this part). . . . . . . 45
39 Insertion of new pt 9B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
104SA Application of pt 9B to notices under s 69 . . . . . . . . . 46
40 Renumbering and relocation of ss 104L-104Q . . . . . . . . . . . . . . 46
41 Amendment of s 115 (Annual contribution etc. deemed to be
rates) ........................................ 46
42 Amendment of s 137 (Inspection of records of local
governments) .................................. 46
43 Amendment of s 142A (Confidentiality) . . . . . . . . . . . . . . . . . . . . 47
44 Amendment of s 144 (Charges for services) . . . . . . . . . . . . . . . . 48
45 Amendment of s 147 (Offences). . . . . . . . . . . . . . . . . . . . . . . . . . 48
46 Replacement of ss 148 and 149. . . . . . . . . . . . . . . . . . . . . . . . . . 49
148 Indictable and summary offences. . . . . . . . . . . . . . . . 49
148A Proceedings for indictable offences . . . . . . . . . . . . . . 50
148B Limitation on who may summarily hear indictable
offence proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . 50
148C Proceeding for offences . . . . . . . . . . . . . . . . . . . . . . . 51
148D When proceeding may start . . . . . . . . . . . . . . . . . . . . 51
148E Allegations of false or misleading information or
document ............................ 51
148F Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . 51
149 Dealing with forfeited thing . . . . . . . . . . . . . . . . . . . . . 52
47 Omission of s 150 (Continuing offences) . . . . . . . . . . . . . . . . . . . 52
48 Amendment of s 153 (Evidentiary) . . . . . . . . . . . . . . . . . . . . . . . . 52
49 Amendment of s 154 (Regulation-making power) . . . . . . . . . . . . 53
50 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 53
Part 3 Amendment of Residential Tenancies Act 1994
51 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
52 Amendment of s 109 (Grounds for entry). . . . . . . . . . . . . . . . . . . 55
Part 4 Amendment of Building Act 1975
53 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
54 Amendment of s 216 (Meaning of budget accommodation building) 55
5
Fire and Rescue Service Amendment Bill 2006
Part 5 Amendment of Building and Other Legislation Amendment
Act 2006
55 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
56 Amendment of schedule (Consequential and minor amendments of
other Acts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
2006
A Bill
for
An Act to amend the Fire and Rescue Service Act 1990 and for
other purposes
s1 8 s4
Fire and Rescue Service Amendment Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Fire and Rescue Service 4
Amendment Act 2006. 5
Clause 2 Commencement 6
(1) Sections 37, 38(1) and 52(1) commence on 1 July 2007. 7
(2) The remaining provisions, other than section 49(3) and (4) 8
and parts 4 and 5, commence on a day fixed by proclamation. 9
Part 2 Amendment of Fire and Rescue 10
Service Act 1990 11
Clause 3 Act amended in pt 2 12
This part amends the Fire and Rescue Service Act 1990. 13
Clause 4 Replacement of s 7 (Extent to which Act binds the Crown) 14
Section 7-- 15
omit, insert-- 16
`7 Act binds all persons 17
`(1) This Act binds all persons, including the State and, so far as 18
the legislative power of the Parliament permits, the 19
Commonwealth and the other States. 20
`(2) Nothing in this Act makes the Commonwealth or a State 21
liable to be prosecuted for an offence.'. 22
s5 9 s6
Fire and Rescue Service Amendment Bill 2006
Clause 5 Amendment of s 53 (Powers of authorised officer in 1
dangerous situations) 2
(1) Section 53(1)(b), `vehicle or building'-- 3
omit, insert-- 4
`premises'. 5
(2) Section 53(2)(a), `, vehicle or vessel'-- 6
omit. 7
(3) Section 53(2)(e), `, vehicle'-- 8
omit. 9
Clause 6 Amendment of s 55 (Powers of authorised officer for 10
preventative or investigative purposes) 11
(1) Section 55, heading, after `authorised'-- 12
insert-- 13
`fire'. 14
(2) Section 55(1), `, vehicle or vessel'-- 15
omit. 16
(3) Section 55(3)-- 17
omit, insert-- 18
`(3) An authorised fire officer who enters premises under this 19
section may-- 20
(a) for subsection (1)(a)--burn, remove or otherwise deal 21
with any vegetation or other material or substance 22
whether flammable or inflammable at the premises; or 23
(b) for subsection (1) generally-- 24
(i) search any part of the premises; or 25
(ii) inspect, measure, test, photograph or film any part 26
of the premises or anything at the premises; or 27
(iii) take a thing, or a sample of or from a thing, at the 28
premises for analysis or testing; or 29
(iv) copy a document at the premises; or 30
s7 10 s8
Fire and Rescue Service Amendment Bill 2006
(v) make inquiries or conduct surveys and tests; or 1
(vi) take into or onto the premises any persons, 2
equipment and materials the authorised fire officer 3
reasonably requires for exercising a power under 4
this part.'. 5
Clause 7 Amendment of s 56 (Extent of power of entry) 6
Section 56(a), `, vehicle or vessel in respect of'-- 7
omit, insert-- 8
`for'. 9
Clause 8 Insertion of new ss 56A-56F 10
After section 56-- 11
insert-- 12
`56A Power to seize evidence etc. 13
`An authorised fire officer who enters premises under section 14
55 may seize a thing at the premises if the authorised fire 15
officer reasonably believes-- 16
(a) the thing is evidence of an offence against this Act; or 17
(b) the thing has just been used in committing an offence 18
against this Act; or 19
(c) the seizure is necessary to prevent the thing being 20
hidden, lost or destroyed; or 21
(d) seizure of the thing is necessary for the purposes 22
mentioned in section 55. 23
`56B Powers supporting seizure 24
`(1) Having seized a thing, an authorised fire officer may-- 25
(a) move the thing from the premises where it was seized 26
(the premises of seizure); or 27
(b) leave the thing at the premises of seizure but take 28
reasonable action to restrict access to it. 29
s8 11 s8
Fire and Rescue Service Amendment Bill 2006
1
Examples of restricting access to a thing--
2
· sealing a thing and marking it to show access to it is
3
restricted
4
· sealing the entrance to a room where the seized thing is
5
situated and marking it to show access to it is restricted
`(2) If an authorised fire officer restricts access to a seized thing, a 6
person must not tamper, or attempt to tamper, with the thing 7
or something restricting access to the thing without an 8
authorised fire officer's approval. 9
Maximum penalty--40 penalty units. 10
`(3) To enable a thing to be seized, an authorised fire officer may 11
require the person in control of it-- 12
(a) to take it to a stated reasonable place by a stated 13
reasonable time; and 14
(b) if necessary, to remain in control of it at the stated place 15
for a reasonable time. 16
`(4) The requirement-- 17
(a) must be made by notice in the approved form; or 18
(b) if for any reason it is not practicable to give the notice, 19
may be made orally and confirmed by notice in the 20
approved form as soon as practicable. 21
`(5) The person must comply with the requirement unless the 22
person has a reasonable excuse for not complying. 23
Maximum penalty--40 penalty units. 24
`(6) A further requirement may be made under this section in 25
relation to the same thing if it is necessary and reasonable to 26
make the further requirement. 27
`56C Receipt for seized things 28
`(1) As soon as practicable after an authorised fire officer seizes a 29
thing, the authorised fire officer must give a receipt for it to 30
the person from whom it was seized. 31
`(2) However, if for any reason it is not practicable to comply with 32
subsection (1), the authorised fire officer must leave the 33
s8 12 s8
Fire and Rescue Service Amendment Bill 2006
receipt in a conspicuous position and in a reasonably secure 1
way at the premises of seizure. 2
`(3) The receipt must describe generally each thing seized and its 3
condition. 4
`(4) This section does not apply to a thing if it is impracticable or 5
would be unreasonable to give the receipt required by the 6
section (given the thing's nature, condition and value). 7
`56D Forfeiture of seized things 8
`(1) A seized thing is forfeited to the State if the authorised fire 9
officer who seized the thing-- 10
(a) cannot find its owner after making reasonable inquiries; 11
or 12
(b) cannot return it to its owner, after making reasonable 13
efforts. 14
`(2) Subsection (1)(a) does not require the authorised fire officer 15
to make inquiries if it would be unreasonable to make 16
inquiries to find the owner, and subsection (1)(b) does not 17
require the authorised fire officer to make efforts if it would 18
be unreasonable to make efforts to return the thing to its 19
owner. 20
`(3) In deciding whether and, if so, what inquiries and efforts are 21
reasonable about a thing, regard must be had to the thing's 22
nature, condition and value. 23
`56E Return of seized things 24
`(1) If a seized thing has not been forfeited, the authorised fire 25
officer must return it to its owner at the end of-- 26
(a) 6 months; or 27
(b) if a proceeding for an offence involving it is started 28
within 6 months--the proceeding and any appeal from 29
the proceeding. 30
`(2) Despite subsection (1), unless the thing has been forfeited, the 31
authorised fire officer must immediately return a thing seized 32
as evidence to its owner if the authorised fire officer stops 33
s9 13 s9
Fire and Rescue Service Amendment Bill 2006
being satisfied its continued retention as evidence is 1
necessary. 2
`56F Access to seized things 3
`(1) Until a seized thing is forfeited or returned, an authorised fire 4
officer must allow its owner to inspect it and, if it is a 5
document, to copy it. 6
`(2) Subsection (1) does not apply if it is impracticable or would 7
be unreasonable to allow the inspection or copying.'. 8
Clause 9 Replacement of s 57 (Power to require name and 9
address) 10
Section 57-- 11
omit, insert-- 12
`57 Power to require name and address 13
`(1) This section applies if-- 14
(a) an authorised fire officer finds a person committing an 15
offence against this Act; or 16
(b) an authorised fire officer finds a person in circumstances 17
that lead, or has information that leads, the authorised 18
fire officer to reasonably suspect the person has just 19
committed an offence against this Act. 20
`(2) The authorised fire officer may require the person to state the 21
person's name and residential address. 22
`(3) When making the requirement, the authorised fire officer 23
must warn the person it is an offence to fail to state the 24
person's name or residential address, unless the person has a 25
reasonable excuse. 26
`(4) The authorised fire officer may require the person to give 27
evidence of the correctness of the stated name or address if the 28
authorised fire officer reasonably suspects the stated name or 29
address is false. 30
`(5) A person must comply with a requirement under subsection 31
(2) or (4), unless the person has a reasonable excuse. 32
Maximum penalty--10 penalty units. 33
s 10 14 s 11
Fire and Rescue Service Amendment Bill 2006
`(6) The person does not commit an offence against subsection (5) 1
if-- 2
(a) the person was required to state the person's name and 3
address by an authorised fire officer who suspected the 4
person had just committed an offence against this Act; 5
and 6
(b) the person is not proved to have committed the offence.'. 7
Clause 10 Omission of s 58 (Use of answer given under 8
compulsion) 9
Section 58-- 10
omit. 11
Clause 11 Amendment of s 58A (Reasonable assistance to be 12
provided) 13
(1) Section 58A(2), `requisition.'-- 14
omit, insert-- 15
`requirement unless the person has a reasonable excuse. 16
Maximum penalty--10 penalty units.'. 17
(2) Section 58A-- 18
insert-- 19
`(3) It is not a reasonable excuse for the person to fail to comply 20
with the requirement that complying with it might tend to 21
incriminate the person. 22
`(4) However, if-- 23
(a) the person is an individual; and 24
(b) the requirement is to give information or produce a 25
document; 26
evidence of, or evidence directly or indirectly derived from, 27
the information or document that might tend to incriminate 28
the person is not admissible in evidence against the person in 29
a civil or criminal proceeding, other than a proceeding for an 30
offence about the falsity or misleading nature of the 31
information or document. 32
s 12 15 s 12
Fire and Rescue Service Amendment Bill 2006
`(5) If a person is convicted of an offence against subsection (2), 1
the court may, as well as imposing a penalty for the offence, 2
order the person to comply with the requirement.'. 3
Clause 12 Insertion of new ss 58B and 58C 4
After section 58A-- 5
insert-- 6
`58B Power to inquire into fire or hazardous materials 7
emergency 8
`(1) This section-- 9
(a) applies if an authorised fire officer becomes aware, or 10
reasonably suspects, that a fire or hazardous materials 11
emergency (the emergency) has happened; and 12
(b) applies for section 55 and for this Act generally. 13
`(2) The authorised fire officer may inquire into the circumstances 14
and probable causes of the emergency. 15
`(3) The authorised fire officer may require a person who has 16
knowledge, or whom the authorised fire officer reasonably 17
suspects to have knowledge, of the circumstances of the 18
emergency to give the authorised fire officer reasonable help, 19
as stated in the requirement, to inquire under subsection (2). 20
`(4) A requirement under subsection (3) may be given orally or in 21
writing. 22
`(5) A person must comply with a requirement under subsection 23
(3) unless the person has a reasonable excuse for not 24
complying. 25
Maximum penalty--10 penalty units. 26
`(6) If the requirement is to be complied with by a person who is 27
an individual giving information or producing a document, 28
other than a document required to be kept by the person under 29
this Act, it is a reasonable excuse for the person to fail to 30
comply with the requirement if complying with the 31
requirement might tend to incriminate the person. 32
s 13 16 s 13
Fire and Rescue Service Amendment Bill 2006
`58C Power to require production of certain documents 1
`(1) An authorised fire officer may require a person to make 2
available for inspection by an authorised fire officer, or 3
produce to the authorised fire officer for inspection, at a 4
reasonable time and place stated by the authorised fire 5
officer-- 6
(a) a document issued to the person under this Act or 7
required to be kept by the person under this Act; or 8
(b) a document about the person's obligations under this 9
Act for fire safety, including about the maintenance of 10
fire safety installations in a building. 11
`(2) The person must comply with a requirement under subsection 12
(1), unless the person has a reasonable excuse for not 13
complying. 14
Maximum penalty--10 penalty units. 15
`(3) If the person is an individual, it is a reasonable excuse for the 16
person not to comply with the requirement under subsection 17
(1) if complying with the requirement might tend to 18
incriminate the person. 19
`(4) The authorised fire officer may keep the document to copy it. 20
`(5) If the authorised fire officer copies the document, or an entry 21
in the document, the authorised fire officer may require the 22
person responsible for keeping the document to certify the 23
copy as a true copy of the document or entry. 24
`(6) The person responsible for keeping the document must 25
comply with the requirement, unless the person has a 26
reasonable excuse for not complying. 27
Maximum penalty--20 penalty units. 28
`(7) The authorised fire officer must return the document to the 29
person as soon as practicable after copying it.'. 30
Clause 13 Amendment of s 62 (Offence to light unauthorised fire) 31
Section 62, at the end-- 32
insert-- 33
s 14 17 s 15
Fire and Rescue Service Amendment Bill 2006
`Maximum penalty--50 penalty units or 6 months 1
imprisonment.'. 2
Clause 14 Amendment of s 67 (Occupier to extinguish fire) 3
Section 67, at the end-- 4
insert-- 5
`Maximum penalty--50 penalty units or 6 months 6
imprisonment.'. 7
Clause 15 Amendment of s 69 (Requisition by commissioner to 8
reduce fire risk) 9
(1) Section 69(5), `subsection (6)'-- 10
omit, insert-- 11
`subsection (8)'. 12
(2) Section 69(6), `subsection (5)'-- 13
omit, insert-- 14
`subsection (7)'. 15
(3) Section 69(7)(a), `subsection (4)'-- 16
omit, insert-- 17
`subsection (6)'. 18
(4) Section 69(4) to (7)-- 19
renumber as section 69(6) to (9). 20
(5) Section 69(3)-- 21
renumber as section 69(4). 22
(6) Section 69-- 23
insert-- 24
`(3) A person to whom a requisition is given must comply with the 25
requisition. 26
Maximum penalty--50 penalty units or 6 months 27
imprisonment.'. 28
(7) Section 69-- 29
s 16 18 s 17
Fire and Rescue Service Amendment Bill 2006
insert-- 1
`(5) A notice under subsection (2)(a) must also state-- 2
(a) the reason for the requisition; and 3
(b) that the occupier may object to the giving of the notice; 4
and 5
(c) how the occupier may make an objection, including the 6
time by which it must be made.'. 7
Clause 16 Amendment of s 72 (Offences re lighting fires) 8
Section 72(1), at the end-- 9
insert-- 10
`Maximum penalty-- 11
(a) if the offence is committed during a state of fire 12
emergency at a place to which the declaration of 13
emergency applies--250 penalty units or 1 year's 14
imprisonment; or 15
(b) otherwise--50 penalty units or 6 months 16
imprisonment.'. 17
Clause 17 Amendment of s 104A (Interpretation) 18
(1) Section 104A, after `In this part'-- 19
insert-- 20
`(other than division 5A)'. 21
(2) Section 104A, definition building, paragraph (c)-- 22
omit. 23
(3) Section 104A, definitions building certifier, Building Code of 24
Australia and Standard Building Regulation-- 25
omit. 26
(4) Section 104A, definition, fire safety installation, `Standard 27
Building Regulation'-- 28
omit, insert-- 29
`Building Act 1975'. 30
s 18 19 s 20
Fire and Rescue Service Amendment Bill 2006
Clause 18 Amendment of s 104B (Application to prisons) 1
Section 104B, `to 57'-- 2
omit, insert-- 3
`to 58C'. 4
Clause 19 Amendment of s 104C (Occupier of building to maintain 5
means of escape from building) 6
Section 104C, at the end-- 7
insert-- 8
`Maximum penalty-- 9
(a) if the contravention causes multiple deaths--2000 10
penalty units or 3 years imprisonment; or 11
(b) if the contravention causes death or grievous bodily 12
harm--1000 penalty units or 2 years imprisonment; or 13
(c) if the contravention causes bodily harm--750 penalty 14
units or 1 year's imprisonment; or 15
(d) otherwise--100 penalty units.'. 16
Clause 20 Amendment of s 104D (Occupier of building to maintain 17
prescribed fire safety installations) 18
Section 104D(1), at the end-- 19
insert-- 20
`Maximum penalty-- 21
(a) if the contravention causes multiple deaths--2000 22
penalty units or 3 years imprisonment; or 23
(b) if the contravention causes death or grievous bodily 24
harm--1000 penalty units or 2 years imprisonment; or 25
(c) if the contravention causes bodily harm--750 penalty 26
units or 1 year's imprisonment; or 27
(d) if the contravention causes substantial property 28
loss--500 penalty units or 6 months imprisonment; or 29
(e) otherwise--100 penalty units.'. 30
s 21 20 s 21
Fire and Rescue Service Amendment Bill 2006
Clause 21 Insertion of new s 104DA 1
Part 9A, division 2, subdivision 1-- 2
insert-- 3
`104DA Additional requirement for monitored systems 4
`(1) The occupier of a building must maintain each monitored 5
system for the building to ensure an unacceptable number of 6
unwanted alarms are not signalled from the system. 7
`(2) For subsection (1), the number of unwanted alarms signalled 8
from a monitored system is unacceptable if the number 9
signalled since the end of the last financial year is-- 10
(a) more than 4; and 11
(b) more than the average number for the last financial year 12
published under subsection (4). 13
`(3) However, the commissioner may decide that, despite 14
subsection (2), the number of unwanted alarms signalled from 15
a monitored system is acceptable, having regard to-- 16
(a) the size and other characteristics of the building; and 17
(b) how the building is used; and 18
(c) the number of detector heads in the building; and 19
(d) whether the system also relates to other buildings. 20
`(4) As soon as practicable after 30 June each year, the 21
commissioner must calculate, and notify in the gazette, the 22
average number of unwanted alarms for monitored systems 23
for the last financial year. 24
`(5) The number must be calculated by dividing the total number 25
of unwanted alarms signalled from all monitored systems 26
during the last financial year by the total number of monitored 27
systems in operation during the last financial year. 28
`(6) In this section-- 29
detector head means a part of a monitored system that detects 30
smoke or heat and sends a signal to another part of the system. 31
emergency means a situation in which there is danger of harm 32
to persons or property from a fire or hazardous materials 33
emergency. 34
s 22 21 s 22
Fire and Rescue Service Amendment Bill 2006
emergency alarm means an alarm, from a monitored system 1
for a building, signalled to the service to attend the building. 2
maintain, a monitored system, includes-- 3
(a) ensure the system is in good repair; and 4
(b) ensure each part of the system is properly installed and 5
appropriately located; and 6
(c) ensure the system is able to distinguish between a fire 7
and normal conditions in the building; and 8
(d) implement measures for avoiding unwanted alarms from 9
the system. 10
11
Examples of implementing measures for paragraph (d)--
12
· establishing requirements for persons working near the
13
system to isolate the system while using tools that may
14
cause an unwanted alarm
15
· giving information sheets to guests in the building about the
16
sensitivity of the system and how to avoid causing an
17
unwanted alarm
18
· for a building used to provide residential accommodation
19
that has a high level of unwanted alarms, installing an alarm
20
acknowledgement facility under AS1670.1--2004
monitored system, for a building, means an automatic smoke 21
detection and alarm system-- 22
(a) that is a prescribed fire safety installation for the 23
building; and 24
(b) that is monitored by the service. 25
unwanted alarm means an emergency alarm signalled at a 26
time when the commissioner is satisfied there was no 27
emergency requiring the attendance of the service.'. 28
Clause 22 Amendment of s 104E (Fire and evacuation plan) 29
(1) Section 104E(a), after `safety'-- 30
insert-- 31
`(a fire and evacuation plan)'. 32
(2) Section 104E(b), `persons working or residing'-- 33
omit, insert-- 34
s 23 22 s 24
Fire and Rescue Service Amendment Bill 2006
`prescribed persons'. 1
(3) Section 104E, after paragraph (b)-- 2
insert-- 3
`Maximum penalty-- 4
(a) if the contravention causes multiple deaths--2000 5
penalty units or 3 years imprisonment; or 6
(b) if the contravention causes death or grievous bodily 7
harm--1000 penalty units or 2 years imprisonment; or 8
(c) if the contravention causes bodily harm--750 penalty 9
units or 1 year's imprisonment; or 10
(d) otherwise--100 penalty units. 11
`(2) In this section-- 12
prescribed person means a person who works or resides in or 13
visits the building for more than a total time, during a period, 14
prescribed under a regulation.'. 15
Clause 23 Amendment of s 104FA (Obligation to prepare fire safety 16
management plan) 17
Section 104FA(2), penalty-- 18
omit, insert-- 19
`Maximum penalty-- 20
(a) if the contravention causes multiple deaths--2000 21
penalty units or 3 years imprisonment; or 22
(b) if the contravention causes death or grievous bodily 23
harm--1000 penalty units or 2 years imprisonment; or 24
(c) if the contravention causes bodily harm--750 penalty 25
units or 1 year's imprisonment; or 26
(d) otherwise--100 penalty units.'. 27
Clause 24 Amendment of s 104FB (Other obligations about fire 28
safety management plan) 29
(1) Section 104FB(1), `section 12Q(2)'-- 30
omit, insert-- 31
s 25 23 s 25
Fire and Rescue Service Amendment Bill 2006
`section 27'. 1
(2) Section 104FB(1), penalty-- 2
omit, insert-- 3
`Maximum penalty-- 4
(a) if the contravention causes multiple deaths--2000 5
penalty units or 3 years imprisonment; or 6
(b) if the contravention causes death or grievous bodily 7
harm--1000 penalty units or 2 years imprisonment; or 8
(c) if the contravention causes bodily harm--750 penalty 9
units or 1 year's imprisonment; or 10
(d) otherwise--100 penalty units.'. 11
(3) Section 104FB(3), penalty-- 12
omit, insert-- 13
`Maximum penalty for subsection (3)-- 14
(a) if the contravention causes multiple deaths--2000 15
penalty units or 3 years imprisonment; or 16
(b) if the contravention causes death or grievous bodily 17
harm--1000 penalty units or 2 years imprisonment; or 18
(c) if the contravention causes bodily harm--750 penalty 19
units or 1 year's imprisonment; or 20
(d) otherwise--100 penalty units.'. 21
Clause 25 Insertion of new pt 9A, div 2, sdiv 3A 22
Part 9A, after division 2, subdivision 3-- 23
insert-- 24
`Subdivision 3A Matters relating to particular 25
proceedings under this division 26
`104FGA Provisions applying for particular proceedings 27
`(1) This section applies for sections 104C, 104D, 104E, 104FA 28
and 104FB (each the section). 29
s 26 24 s 27
Fire and Rescue Service Amendment Bill 2006
`(2) A person causes something mentioned in the section if the 1
person's act or omission is a substantial or significant cause of 2
the thing or substantially contributes to the thing. 3
`(3) The section applies despite the Criminal Code, sections 23(1) 4
and 24. 5
`(4) It is a defence in a proceeding against a person for a 6
contravention of the section for the person to prove the person 7
took reasonable precautions and exercised proper diligence to 8
prevent the contravention. 9
`(5) Also, it is defence in a proceeding against a person for a 10
contravention of the section for the person to prove the 11
contravention was due to causes over which the person had no 12
control.'. 13
Clause 26 Amendment of pt 9A, div 2, sdiv 5 hdg (Chief 14
commissioner's notice about occupier's and owner's 15
obligations) 16
Part 9A, division 2, subdivision 5, heading, `Chief 17
commissioner's'-- 18
omit, insert-- 19
`Commissioner's'. 20
Clause 27 Insertion of new pt 9A, div 3A 21
Part 9A, after division 3-- 22
insert-- 23
`Division 3A Occupancy limits for particular 24
licensed buildings 25
`Subdivision 1 Preliminary 26
`104KA Definitions for div 3A 27
`In this division-- 28
s 27 25 s 27
Fire and Rescue Service Amendment Bill 2006
clear floor surface area means an area of floor on or above 1
which there is nothing that would unduly restrict a person in 2
going across the area. 3
fire safety system, for a building, means the building's 4
features, and procedures established for the building, 5
providing for all or any of the following-- 6
(a) warning the building's occupants about a fire 7
emergency; 8
(b) safe evacuation of the building's occupants; 9
(c) extinguishing or restricting the spread of fire in the 10
building. 11
licensed building means a building, or the part of a building, 12
that comprises particular licensed premises under the Liquor 13
Act 1992. 14
occupancy notice see section 104KF. 15
occupancy number, for a building, means the occupancy 16
number stated in an occupancy notice in force for the 17
building. 18
risk of overcrowding, for a building, means a risk that not all 19
occupants of the building would be able to safely evacuate if a 20
fire or hazardous materials emergency happened. 21
`104KB Object of div 3A 22
`(1) The object of this division is to help ensure the occupants of 23
licensed buildings can safely evacuate if a fire or hazardous 24
materials emergency happens. 25
`(2) The object is to be achieved by-- 26
(a) identifying licensed buildings with an unacceptable risk 27
of overcrowding; and 28
(b) for each of the identified buildings, establishing and 29
implementing a safe limit on the number of persons who 30
may be present in the building at any one time. 31
s 27 26 s 27
Fire and Rescue Service Amendment Bill 2006
`104KC Application of div 3A to a part of a licensed building 1
`Except where it states otherwise, this division applies to a 2
part of a licensed building in the same way it applies to a 3
whole licensed building. 4
5
Example--
6
Under section 104KD(1), the commissioner may decide a particular
7
room in a licensed building is an at risk licensed building. In deciding
8
the level of the risk of overcrowding for the room, the commissioner
9
must have regard to the matters stated in section 104KD(2) as if a
10
reference in that subsection to the building were a reference to the room.
`Subdivision 2 Occupancy notices 11
`104KD Deciding if a building is an at risk licensed building 12
`(1) The commissioner may decide a licensed building is an at risk 13
licensed building if the commissioner is satisfied there is an 14
unacceptable risk of overcrowding for the building. 15
`(2) In deciding the level of the risk of overcrowding, the 16
commissioner must have regard to the following matters-- 17
(a) the building's characteristics, including-- 18
(i) the number and location of exits in the building; 19
and 20
(ii) the clear floor surface areas in the building; and 21
(iii) the flammability of the fixtures and fittings in the 22
building; and 23
(iv) the prescribed fire safety installations in the 24
building; and 25
(v) whether occupants of the building can exit directly 26
into open space or another place of safety; 27
(b) how the building is used, including its classification 28
under the Building Code of Australia; 29
(c) the number of persons that use, or are likely to use, the 30
building at any given time; 31
s 27 27 s 27
Fire and Rescue Service Amendment Bill 2006
(d) the mobility and other characteristics of the persons who 1
use, or are likely to use, the building; 2
(e) any fire safety system for the building. 3
`104KE Deciding an occupancy number 4
`(1) This section applies to a licensed building that the 5
commissioner has decided is an at risk licensed building. 6
`(2) In deciding an occupancy number for the building, the 7
commissioner must have regard to the building's 8
characteristics and other matters stated in section 104KD(2). 9
`(3) The occupancy number must not be more than-- 10
(a) the maximum number that may be accommodated 11
under-- 12
(i) for a budget accommodation building to which the 13
Building Act 1975, chapter 7, part 3 applies--the 14
Queensland Development Code, part 14, items P3 15
and A3; or 16
(ii) otherwise--the Building Code of Australia, part 17
D1.13; or 18
(b) the maximum number that allows compliance with the 19
Building Code of Australia, part D1.6. 20
`104KF Commissioner may give occupancy notice to 21
occupier 22
`If the commissioner decides under section 104KD that a 23
licensed building is an at risk licensed building, the 24
commissioner may give the occupier of the building a notice 25
(an occupancy notice) stating the following-- 26
(a) that the commissioner has decided the building is an at 27
risk licensed building; 28
(b) the occupancy number for the building decided under 29
section 104KE; 30
(c) the day, not less than 30 days after the occupancy notice 31
is given, on which it takes effect; 32
(d) the occupier's obligations under subdivision 3; 33
s 27 28 s 27
Fire and Rescue Service Amendment Bill 2006
(e) the reasons for the decisions mentioned in paragraphs 1
(a) and (b); 2
(f) that the occupier may object to the giving of the 3
occupancy notice; 4
(g) how the occupier may make an objection, including the 5
time by which it must be made. 6
`104KG Occupancy number applying during particular uses 7
or circumstances 8
`If the commissioner considers the risk of overcrowding for a 9
building varies because of the different ways the building is 10
used from time to time, the commissioner may give the 11
occupier an occupancy notice stating-- 12
(a) an occupancy number for the building that applies only 13
when the building is used in a stated way or in stated 14
circumstances; or 15
(b) 2 or more occupancy numbers for the building, each of 16
which applies only when the building is used in a stated 17
way or in stated circumstances. 18
19
Example for paragraph (b)--
20
A building used occasionally for concerts may be given an
21
occupancy number that applies only for that use and another
22
occupancy number that applies for its usual uses.
`104KH Application and currency of occupancy notice 23
`An occupancy notice applies to the person stated in it, in 24
relation to the licensed building stated in it, until the 25
occupancy notice is revoked or the person stops being the 26
occupier of the building. 27
`104KI Re-assessment of risk of overcrowding 28
`(1) This section applies to a licensed building for which an 29
occupancy notice (the current occupancy notice) is in force. 30
`(2) At any time, on request by the occupier or on the 31
commissioner's own initiative, the commissioner may carry 32
out a re-assessment for the building. 33
s 27 29 s 27
Fire and Rescue Service Amendment Bill 2006
`(3) The commissioner must carry out a re-assessment for the 1
building if-- 2
(a) since the current occupancy notice was given, any of the 3
matters stated in section 104KD(2)1 has changed in a 4
way that is relevant to the risk of overcrowding for the 5
building; and 6
(b) the occupier gives the commissioner a written notice of 7
the change and asks the commissioner to carry out the 8
re-assessment. 9
`(4) If, on a request mentioned in subsection (3)(b), the 10
commissioner carries out a re-assessment and decides not to 11
revoke the current occupancy notice, the commissioner must 12
give the occupier a notice (a decision notice) stating the 13
following-- 14
(a) the decision not to revoke the current occupancy notice; 15
(b) the reason for the decision; 16
(c) that the occupier may object to the giving of the decision 17
notice; 18
(d) how the occupier may make an objection, including the 19
time by which it must be made. 20
`(5) In this section-- 21
carry out a re-assessment, for the building, means-- 22
(a) re-assess the level of the risk of overcrowding for the 23
building under this division; and 24
(b) decide whether to revoke the current occupancy notice 25
and, if revoking the notice, whether to give another 26
occupancy notice for the building. 27
1 Section 104KD (Deciding if a building is an at risk licensed building)
s 27 30 s 27
Fire and Rescue Service Amendment Bill 2006
`Subdivision 3 Obligations of occupiers of at risk 1
licensed buildings 2
`104KJ Application of sdiv 3 3
`(1) This subdivision applies if an occupancy notice is in force for 4
a licensed building. 5
`(2) A reference in this subdivision to the occupier is a reference to 6
each occupier of the building to whom the occupancy notice 7
states it applies. 8
`104KK Ensuring the occupancy number is not exceeded 9
`The occupier must ensure the number of persons in the 10
building at any one time is not more than the occupancy 11
number for the building. 12
Maximum penalty--50 penalty units. 13
`104KL Ensuring staff are aware of the occupancy number 14
`(1) The occupier must ensure each relevant staff member is aware 15
of the occupancy number for the building. 16
Maximum penalty--50 penalty units. 17
`(2) In this section-- 18
relevant staff member means an employee of the occupier 19
who is present in the building when members of the public 20
may enter the building. 21
`104KM Implementing a counting system 22
`(1) This section does not apply if-- 23
(a) the building is only a part of a licensed building; or 24
(b) the occupancy number for the building is less than 200. 25
`(2) The occupier must ensure the required counting system is 26
implemented at all times the building is open to the public. 27
Maximum penalty--50 penalty units. 28
s 27 31 s 27
Fire and Rescue Service Amendment Bill 2006
`(3) The required counting system is-- 1
(a) if the occupancy number is at least 200 but less than 2
1000--a manual counting system or an automatic 3
counting system; or 4
(b) if the occupancy number is at least 1000--an automatic 5
counting system. 6
`(4) In this section-- 7
automatic counting system means a counting system capable 8
of operating without human intervention. 9
10
Example--
11
a machine that counts the number of persons passing through an
12
entrance after detecting them by way of a lightbeam across the doorway
13
or a sensor under the floor
counting system means a system for counting the number of 14
persons entering or leaving a building. 15
manual counting system means a counting system other than 16
an automatic counting system. 17
18
Examples of manual counting systems--
19
· a staff member issuing a numbered ticket to each person entering
20
the building and a passout to each person leaving the building
21
· a staff member clicking a counting device once for each person
22
entering or leaving the building
`104KN Displaying signs stating the occupancy number 23
`(1) This section does not apply if-- 24
(a) the building is only a part of a licensed building; or 25
(b) the occupancy number for the building is less than 200. 26
`(2) The occupier must display conspicuously above each public 27
entrance to the building a sign stating the occupancy number 28
for the building. 29
Maximum penalty--50 penalty units. 30
s 27 32 s 27
Fire and Rescue Service Amendment Bill 2006
`104KO Including the occupancy number in the fire and 1
evacuation plan 2
`The occupancy number must be stated in the occupier's fire 3
and evacuation plan. 4
Maximum penalty--50 penalty units. 5
`104KP Notifying the commissioner of relevant changes 6
`(1) If any of the matters stated in section 104KD(2) changes in a
2
7
way that may increase the risk of overcrowding for the 8
building, the occupier must immediately give written notice to 9
the commissioner. 10
Maximum penalty--50 penalty units. 11
`(2) If a person stops being the occupier of the building, the person 12
must immediately give written notice to the commissioner. 13
Maximum penalty--50 penalty units. 14
`104KQ Action if an officer knows or suspects the occupancy 15
number is being exceeded 16
`(1) This section applies if, at any time, an authorised fire officer 17
knows or reasonably suspects the number of persons in the 18
building is more than the occupancy number for the building. 19
`(2) The officer may require the occupier to do, or stop doing, a 20
stated thing for the purpose of reducing the number of persons 21
in the building or reducing the risk to the safety of persons in 22
the building. 23
`(3) The officer may, for example, ask the occupier to-- 24
(a) stop anyone else entering the building; or 25
(b) stop serving alcohol in the building; or 26
(c) turn on the lights in the building; or 27
(d) stop music being played or other entertainment 28
happening in the building; or 29
(e) ask persons in the building to leave. 30
2 Section 104KD (Deciding if a building is an at risk licensed building)
s 28 33 s 28
Fire and Rescue Service Amendment Bill 2006
`(4) The requirement may be made orally or in writing. 1
`(5) If the requirement is made orally, the officer must confirm the 2
requirement in writing as soon as practicable. 3
`(6) The occupier must comply with the requirement unless the 4
occupier has a reasonable excuse. 5
Maximum penalty--50 penalty units. 6
`(7) This section does not limit another power of the officer under 7
this Act. 8
`(8) In this section-- 9
occupier includes a person in charge, or apparently in charge, 10
of the building. 11
`Subdivision 4 Miscellaneous 12
`104KR Commissioner may give copies of notices to chief 13
executive (liquor licensing) 14
`The commissioner may give copies of occupancy notices to 15
the chief executive (liquor licensing). 16
`104KS Commissioner may publish occupancy numbers 17
`For the performance of the service's functions, the 18
commissioner may publish the occupancy numbers for 19
buildings to the public.'. 20
Clause 28 Omission of pt 9A, div 4, hdg (Objection to notices) 21
Part 9A, division 4, heading-- 22
omit. 23
s 29 34 s 31
Fire and Rescue Service Amendment Bill 2006
Clause 29 Amendment of s 104L (Persons aggrieved by notice may 1
object) 2
(1) Section 104L(1), `this part'-- 3
omit, insert-- 4
`section 69(2)(a) or part 9A'. 5
(2) Section 104L(1), `regional commander'-- 6
omit, insert-- 7
`commissioner'. 8
(3) Section 104L(2), after `fee'-- 9
insert-- 10
`, if any,'. 11
(4) Section 104L(3)-- 12
omit. 13
Clause 30 Amendment of s 104M (Panel of referees to be convened) 14
(1) Section 104M, `a regional commander'-- 15
omit, insert-- 16
`the commissioner'. 17
(2) Section 104M, `division'-- 18
omit, insert-- 19
`part'. 20
Clause 31 Amendment of s 104N (Membership of panel of referees) 21
(1) Section 104N(1)-- 22
insert-- 23
`(d) for an objection relating to an occupancy notice or to a 24
decision notice under section 104KI, 1 person 25
nominated by the chief executive (liquor licensing).'. 26
s 32 35 s 33
Fire and Rescue Service Amendment Bill 2006
(2) Section 104N-- 1
insert-- 2
`(4) Subsection (3) does not apply to an objection relating to a 3
notice given under section 69(2)(a) that relates to premises 4
other than a building.'. 5
(3) Section 104N(5), `the chief executive of the department 6
administering the Building Act 1975'-- 7
omit, insert-- 8
`a chief executive mentioned in subsection (1)(c) or (d)'. 9
(4) Section 104N(5), `or (c)'-- 10
omit, insert-- 11
`to (d)'. 12
Clause 32 Amendment of s 104O (Determination of objection) 13
(1) Section 104O(1), `section 104M'-- 14
omit, insert-- 15
`section 104SC'. 16
(2) Section 104O(6) to (8)-- 17
renumber as section 104O(7) to (9). 18
(3) Section 104O-- 19
insert-- 20
`(6) If the panel has 4 members and the votes are equal, the chair 21
referee has a casting vote.'. 22
Clause 33 Amendment of s 104P (Relief from penalty pending 23
determination of objection) 24
(1) Section 104P, `section 104L'-- 25
omit, insert-- 26
`section 104SB'. 27
s 34 36 s 35
Fire and Rescue Service Amendment Bill 2006
(2) Section 104P, `this part'-- 1
omit, insert-- 2
`section 104G or 104I(8) or an occupancy notice'. 3
(3) Section 104P(a), after `section 104G'-- 4
insert-- 5
`or an occupancy notice'. 6
Clause 34 Insertion of new s 104PA 7
After section 104P-- 8
insert-- 9
`104PA Stay of operation of s 69 notice 10
`(1) This section applies if the objection relates to a notice given 11
under section 69(2)(a). 12
`(2) The objection does not stay the notice. 13
`(3) However, on application by the objector, the panel may stay 14
the notice to secure the effectiveness of the objection and any 15
later appeal under section 104SH. 16
`(4) The stay may be granted on conditions the panel considers 17
appropriate and has effect for the period stated by the panel. 18
`(5) The period of the stay must not extend past the time when the 19
panel decides the objection and any later period the panel 20
allows to enable the objector to appeal under section 104SH.'. 21
Clause 35 Amendment of s 104Q (Appeal from panel of referees) 22
Section 104Q(1), `section 104O'-- 23
omit, insert-- 24
`section 104SE'. 25
s 36 37 s 37
Fire and Rescue Service Amendment Bill 2006
Clause 36 Amendment of s 104R (Injunctions) 1
Section 104R(1), after `event of fire'-- 2
insert-- 3
`, or in the event of a hazardous materials emergency,'. 4
Clause 37 Insertion of new pt 9A, div 5A 5
After part 9A, division 5-- 6
insert-- 7
`Division 5A Smoke alarms for domestic 8
dwellings 9
`104RA Definitions for div 5A 10
`In this division-- 11
chief executive (land) means the chief executive of the 12
department in which the Land Act 1994 is administered. 13
class 1a building means a building that, under the 2005 14
edition of the Building Code of Australia, part A3.2, is 15
classified as a class 1a building. 16
class 2 building means a building that, under the 2005 edition 17
of the Building Code of Australia, part A3.2, is classified as a 18
class 2 building. 19
date of possession, for residential land, means the date the 20
transferee of the land enters into possession of the land. 21
domestic dwelling means-- 22
(a) a class 1a building; or 23
(b) a sole-occupancy unit in a class 2 building. 24
form of assignment see the Manufactured Homes (Residential 25
Parks) Act 2003, section 47(1). 26
home owner see the Manufactured Homes (Residential Parks) 27
Act 2003, section 8. 28
s 37 38 s 37
Fire and Rescue Service Amendment Bill 2006
information statement, in relation to a tenant, means the 1
statement given to the tenant under the Residential Tenancies 2
Act 1994, section 43. 3
lessor means a lessor within the meaning of the Residential 4
Tenancies Act 1994, but does not include a tenant who has 5
given, or is to give, the right to occupy residential premises to 6
a subtenant. 7
manufactured home see the Manufactured Homes 8
(Residential Parks) Act 2003, section 10. 9
manufacturer's instructions, for a smoke alarm, means the 10
instructions from the manufacturer, packaged with the alarm, 11
dealing with the operation, testing and maintenance of the 12
alarm. 13
property transfer information form means a form that-- 14
(a) gives smoke alarm information and information about a 15
change of ownership required under other Acts; and 16
(b) may be given to the chief executive (land) or the 17
registrar. 18
registrar see the Land Title Act 1994, schedule 2. 19
residential land means land on which a domestic dwelling is 20
constructed. 21
residential park see the Manufactured Homes (Residential 22
Parks) Act 2003, section 12. 23
site see the Manufactured Homes (Residential Parks) Act 24
2003, section 13. 25
site agreement see the Manufactured Homes (Residential 26
Parks) Act 2003, section 14. 27
smoke alarm information see section 104RL. 28
sole-occupancy unit means a room or other part of a building 29
that, under the 2005 edition of the Building Code of Australia, 30
part A1.1, is defined as a sole-occupancy unit. 31
tenant means a person to whom the right to occupy residential 32
premises is given under a residential tenancy agreement to 33
which the Residential Tenancies Act 1994 applies, and 34
includes the subtenant of a tenant. 35
s 37 39 s 37
Fire and Rescue Service Amendment Bill 2006
transfer date, for residential land, means the date the 1
transferee of the land is entitled to possession of the land. 2
transferee, of residential land, means the person who, on 3
becoming entitled to possession of the land, may lodge an 4
application for registration-- 5
(a) under the Land Act 1994, as a lessee, or personal 6
representative of a deceased lessee, of the land; or 7
(b) under the Land Title Act 1994, as an owner, or personal 8
representative of a deceased owner, of the land. 9
transferor, of residential land, means-- 10
(a) if, immediately before the transfer date for the 11
residential land, a mortgagee in possession under the 12
Property Law Act 1974 is in possession of the land--the 13
mortgagee in possession; or 14
(b) otherwise--the person registered, immediately before 15
the transfer date for the land-- 16
(i) under the Land Act 1994, as a lessee, or personal 17
representative of a deceased lessee, of the land; or 18
(ii) under the Land Title Act 1994, as an owner, or the 19
personal representative of a deceased owner, of the 20
land. 21
`104RB Owner must install smoke alarm 22
`(1) The owner of a domestic dwelling must install smoke alarms 23
in the dwelling in compliance with this section. 24
Maximum penalty--5 penalty units. 25
`(2) Each smoke alarm must comply with AS 3786-1993 and must 26
be installed in accordance with-- 27
(a) for a sole-occupancy unit in a class 2 28
building--specification E 2.2a, clause 3(c)(i) of the 29
Building Code of Australia; or 30
(b) for a class 1a building--specification 3.7.2.3 of the 31
Building Code of Australia. 32
`(3) An owner of a sole-occupancy unit complies with this section 33
if the owner installs a heat alarm or an alarm 34
s 37 40 s 37
Fire and Rescue Service Amendment Bill 2006
acknowledgement facility in accordance with specification E 1
2.2a, clause 3(b) of the Building Code of Australia. 2
`(4) If it is impracticable for an owner of a domestic dwelling to 3
put a smoke alarm at the location required under subsection 4
(2), the owner may put the alarm at another location that will 5
provide a warning to occupants of the dwelling. 6
7
Example for subsection (4)--
8
A smoke alarm that is regularly activated by steam from a bathroom or
9
smoke or fumes from a kitchen may be moved to another appropriate
10
location.
`104RC Lessor must replace smoke alarm 11
`(1) This section applies during a tenancy in a domestic dwelling. 12
`(2) The lessor must replace a smoke alarm in the dwelling before 13
it reaches the end of its service life. 14
Maximum penalty--5 penalty units. 15
`(3) If a smoke alarm in the dwelling reaches the end of its service 16
life before it is replaced, the lessor must replace it 17
immediately. 18
Maximum penalty--5 penalty units. 19
`104RD Testing smoke alarms 20
`(1) Within 30 days before the start of a tenancy in a domestic 21
dwelling, the lessor must test each smoke alarm in the 22
dwelling in compliance with this section. 23
Maximum penalty--5 penalty units. 24
`(2) During a tenancy in a domestic dwelling, the tenant must test 25
each smoke alarm in the dwelling, in compliance with this 26
section, at least once every 12 months. 27
Maximum penalty--5 penalty units. 28
`(3) An alarm must be tested as follows-- 29
(a) for an alarm that can be tested by pressing a button or 30
other device to indicate whether the alarm is capable of 31
detecting smoke--by pressing the button or other 32
device; 33
s 37 41 s 37
Fire and Rescue Service Amendment Bill 2006
(b) otherwise-- 1
(i) for the lessor--by testing the alarm in the way 2
stated in the manufacturer's instructions; or 3
(ii) for the tenant--by testing the alarm in the way 4
stated in the information statement. 5
`104RE Replacing the batteries 6
`(1) This section applies to batteries in smoke alarms installed in a 7
domestic dwelling. 8
`(2) Within 30 days before the start of a tenancy in the dwelling, 9
the lessor must replace, in accordance with the manufacturer's 10
instructions, each battery that is spent or that the lessor is 11
aware is almost spent. 12
Maximum penalty--5 penalty units. 13
`(3) During a tenancy in the dwelling, the tenant must replace, in 14
accordance with the information statement, each battery that 15
is spent or that the tenant is aware is almost spent. 16
Maximum penalty--5 penalty units. 17
18
Note--
19
A smoke alarm may emit a warning signal (for example, a chirping
20
sound) when its battery is almost spent.
`104RF Tenant must advise lessor if smoke alarm needs 21
replacing 22
`(1) This section applies during a tenancy in a domestic dwelling. 23
`(2) If the tenant is aware a smoke alarm in the dwelling has failed 24
or is about to fail, other than because the battery is spent or 25
almost spent, the tenant must advise the lessor as soon as 26
practicable. 27
Maximum penalty--5 penalty units. 28
s 37 42 s 37
Fire and Rescue Service Amendment Bill 2006
`104RG Cleaning smoke alarms 1
`(1) Within 30 days before the start of a tenancy in a domestic 2
dwelling, the lessor must clean each smoke alarm in the 3
dwelling in the way stated in the manufacturer's instructions. 4
Maximum penalty--5 penalty units. 5
`(2) During a tenancy in a domestic dwelling, the tenant must 6
clean each smoke alarm in the dwelling, in the way stated in 7
the information statement, at least once every 12 months. 8
Maximum penalty--5 penalty units. 9
10
Example--
11
The manufacturer's instructions or information statement may require
12
cleaning with a vacuum cleaner to remove dust and other materials that
13
may hinder smoke alarm performance.
`104RH Person must not interfere with smoke alarm 14
`(1) A person must not-- 15
(a) remove a smoke alarm installed in a domestic dwelling; 16
or 17
(b) remove the battery from a smoke alarm installed in a 18
domestic dwelling; or 19
(c) do anything that would reduce the effectiveness of the 20
warning provided by a smoke alarm installed in a 21
domestic dwelling. 22
Maximum penalty--5 penalty units. 23
`(2) However, nothing in this section stops a person from doing 24
any of the following-- 25
(a) removing a smoke alarm to comply with section 104RC; 26
(b) removing a smoke alarm to put it in a location that 27
complies with this division; 28
(c) removing the battery from a smoke alarm to comply 29
with section 104RE. 30
s 37 43 s 37
Fire and Rescue Service Amendment Bill 2006
`104RI Division applies for all alarms 1
`(1) This division, other than section 104RB, applies in relation to 2
a smoke alarm installed in a domestic dwelling even though 3
the smoke alarm is not required to be installed under section 4
104RB. 5
`(2) However, nothing in this division stops the owner of a 6
domestic dwelling from removing a smoke alarm that is not 7
required to be installed under section 104RB. 8
`104RJ Agent may act for owner 9
`(1) A requirement imposed on an owner to comply with this 10
division in relation to a smoke alarm at a domestic dwelling 11
may be complied with for the owner by the owner's agent. 12
`(2) However, if the owner is a lessor, subsection (1) does not 13
permit the lessor's tenant to be, and the lessor's tenant must 14
not be, the lessor's agent for the purpose of complying with 15
this division. 16
`104RK Notice to transferee of residential land about smoke 17
alarms 18
`(1) The transferor of residential land must, on or before the date 19
of possession for the land, give the transferee of the land 20
written notice of whether smoke alarms complying with this 21
division are installed in the domestic dwelling on the land. 22
Maximum penalty--5 penalty units. 23
`(2) However, subsection (1) does not apply if-- 24
(a) the transferor became transferor of the residential land 25
under an agreement to transfer the land; and 26
(b) the date of the agreement is before 1 July 2007. 27
`(3) The transferor must not state anything in the notice that the 28
transferor knows is false or misleading in a material particular. 29
Maximum penalty for subsection (3)--5 penalty units. 30
s 37 44 s 37
Fire and Rescue Service Amendment Bill 2006
`104RL Notice to chief executive about smoke alarms and 1
other matters 2
`(1) The transferor of residential land must, within 90 days after 3
the date of possession for the land, give the chief executive a 4
written notice stating the following information (smoke alarm 5
information)-- 6
(a) the full names of the transferor and transferee; 7
(b) the addresses of the transferor and transferee 8
immediately after the date of possession for the land; 9
(c) the property details of the land; 10
(d) the current use of the land; 11
(e) if there was an agreement for the transfer of the 12
land--the date of the agreement; 13
(f) the date of possession for the land; 14
(g) whether smoke alarms complying with section 104RB 15
were installed in the domestic dwelling on the land at 16
the date of possession; 17
(h) whether the transferor has given the transferee written 18
notice of whether smoke alarms complying with section 19
104RB were installed in the domestic dwelling on the 20
land at the date of possession. 21
Maximum penalty--5 penalty units. 22
`(2) However, subsection (1) does not apply if-- 23
(a) the transferor became transferor of the residential land 24
under an agreement to transfer the land; and 25
(b) the date of the agreement is before 1 July 2007. 26
`(3) Also, the transferor is not required to comply with subsection 27
(1) if a properly completed property transfer information 28
form, together with an application for registration, is given 29
to-- 30
(a) for an application for registration under the Land Act 31
1994--the chief executive (land); or 32
(b) for an application for registration under the Land Title 33
Act 1994--the registrar. 34
s 38 45 s 38
Fire and Rescue Service Amendment Bill 2006
`(4) If a property transfer information form is given under 1
subsection (3), the chief executive may be given access to the 2
form but may use only the smoke alarm information on the 3
form. 4
`104RMNotice to buyer of manufactured home about smoke 5
alarms 6
`(1) This section applies if the home owner for a site in a 7
residential park (the seller) on which a manufactured home is 8
positioned proposes-- 9
(a) to sell the home to a person (the buyer); and 10
(b) to assign the seller's interest in the site agreement for the 11
site to the buyer. 12
`(2) The seller must give the buyer a written notice in the form of 13
assignment of whether smoke alarms complying with this 14
division are installed in the manufactured home. 15
Maximum penalty--5 penalty units. 16
`(3) However, the seller does not have to give written notice if the 17
form of assignment is signed by the seller and the buyer 18
before 1 July 2007. 19
`(4) The seller must not state anything in the notice that the seller 20
knows is false or misleading in a material particular. 21
Maximum penalty for subsection (4)--5 penalty units.'. 22
Clause 38 Amendment of s 104S (Regulations relating to this part) 23
(1) Section 104S-- 24
insert-- 25
`(ba) regulating the installation and maintenance of smoke 26
alarms;'. 27
(2) Section 104S(k)-- 28
omit, insert-- 29
`(k) matters necessary to protect persons, property and the 30
environment from fire and hazardous materials 31
emergencies;'. 32
s 39 46 s 42
Fire and Rescue Service Amendment Bill 2006
Clause 39 Insertion of new pt 9B 1
After part 9A-- 2
insert-- 3
`Part 9B Objections to notices 4
`104SA Application of pt 9B to notices under s 69 5
`This part applies to an objection relating to a notice given 6
under section 69(2)(a) as if a reference in this part to a 7
building were a reference to premises.'. 8
Clause 40 Renumbering and relocation of ss 104L-104Q 9
Sections 104L to 104Q-- 10
relocate and renumber, in part 9B as sections 104SB to 11
104SH. 12
Clause 41 Amendment of s 115 (Annual contribution etc. deemed to 13
be rates) 14
(1) Section 115(2), `subsection'-- 15
omit, insert-- 16
`section'. 17
(2) Section 115(2), definition relevant provisions, paragraph (a), 18
second dot point, `997'-- 19
omit, insert-- 20
`1051A'. 21
Clause 42 Amendment of s 137 (Inspection of records of local 22
governments) 23
(1) Section 137, heading, after `governments'-- 24
insert-- 25
`and building certifiers'. 26
(2) Section 137(1)(a), after `government'-- 27
insert-- 28
s 43 47 s 43
Fire and Rescue Service Amendment Bill 2006
`or building certifier'. 1
(3) Section 137(1)(b), all words after `relating to'-- 2
omit, insert-- 3
`-- 4
(i) for a local government's premises--a function of 5
the local government under this Act or a function 6
of the commissioner; or 7
(ii) for a building certifier's premises--something 8
done by the building certifier under the following 9
Acts, if the document or record is not available 10
from a local government-- 11
(A) Building Act 1975; 12
(B) Integrated Planning Act 1997;'. 13
(4) Section 137(3), at the end-- 14
insert-- 15
`Maximum penalty--10 penalty units.'. 16
(5) Section 137-- 17
insert-- 18
`(4) Nothing in this section authorises an authorised fire officer to 19
enter any part of premises that are a dwelling if the part is not 20
also a workplace within the Workplace Health and Safety Act 21
1995.'. 22
Clause 43 Amendment of s 142A (Confidentiality) 23
Section 142A(1), after paragraph (a)-- 24
insert-- 25
`(aa) the disclosure relates to fire safety at premises and is 26
made to 1 or more of the following-- 27
(i) the owner of the premises; 28
(ii) a person with an interest in the premises; 29
(iii) an occupier of the premises; or 30
s 44 48 s 45
Fire and Rescue Service Amendment Bill 2006
(ab) the disclosure is reasonably necessary for enforcement 1
of the criminal law; or'. 2
Clause 44 Amendment of s 144 (Charges for services) 3
(1) Section 144(1), `by the chief executive'-- 4
omit, insert-- 5
`under this Act'. 6
(2) Section 144(7), after `endangering that property'-- 7
insert-- 8
`, other than an unwanted alarm charge'. 9
(3) Section 144(11A), definition unauthorised-- 10
relocate to section 144(12). 11
(4) Section 144(11A), as amended-- 12
omit. 13
(5) Section 144(12)-- 14
insert-- 15
`prescribed property see section 105. 16
unwanted alarm see section 104DA. 17
unwanted alarm charge means a charge for a service of 18
attending a property in response to an unwanted alarm.'. 19
(6) Section 144(12), as amended-- 20
relocate and renumber as section 144(14). 21
(7) Section 144-- 22
insert-- 23
`(12) The chief executive may waive all or part of a charge for 24
which a person is liable under this section if satisfied it would 25
be reasonable in all the circumstances to do so.'. 26
Clause 45 Amendment of s 147 (Offences) 27
(1) Section 147(1), at the end-- 28
insert-- 29
s 46 49 s 46
Fire and Rescue Service Amendment Bill 2006
`Maximum penalty-- 1
(a) for paragraphs (a) and (b)--50 penalty units or 6 months 2
imprisonment; or 3
(b) for paragraph (c)--30 penalty units; or 4
(c) for paragraphs (d), (e) and (g)-- 5
(i) if the offence is committed during a state of fire 6
emergency at a place to which the declaration of 7
emergency applies--250 penalty units or 1 year's 8
imprisonment; or 9
(ii) otherwise----50 penalty units or 6 months 10
imprisonment; or 11
(d) for paragraph (f)-- 12
(i) if the offence is committed during a state of fire 13
emergency at a place to which the declaration of 14
emergency applies--250 penalty units or 1 year's 15
imprisonment; or 16
(ii) otherwise--100 penalty units or 6 months 17
imprisonment.'. 18
(2) Section 147(2)-- 19
omit. 20
Clause 46 Replacement of ss 148 and 149 21
Sections 148 and 149-- 22
omit, insert-- 23
`148 Indictable and summary offences 24
`(1) Subject to subsection (2), an offence against this Act for 25
which the maximum penalty of imprisonment is 2 years or 26
more is an indictable offence that is a misdemeanour. 27
`(2) An offence against section 146 is a crime. 28
`(3) Otherwise, an offence against this Act is a summary offence. 29
s 46 50 s 46
Fire and Rescue Service Amendment Bill 2006
`148A Proceedings for indictable offences 1
`(1) A proceeding for an indictable offence against this Act may 2
be taken, at the election of the prosecution-- 3
(a) by way of summary proceedings under the Justices Act 4
1886; or 5
(b) on indictment. 6
`(2) A magistrate must not hear an indictable offence summarily 7
if-- 8
(a) the defendant asks at the start of the hearing that the 9
charge be prosecuted on indictment; or 10
(b) the magistrate considers the charge should be 11
prosecuted on indictment. 12
`(3) If subsection (2) applies-- 13
(a) the magistrate must proceed by way of an examination 14
of witnesses for an indictable offence; and 15
(b) a plea of the person charged at the start of the 16
proceeding must be disregarded; and 17
(c) evidence brought in the proceeding before the 18
magistrate decided to act under subsection (2) is taken to 19
be evidence in the proceeding for the committal of the 20
person for trial or sentence; and 21
(d) before committing the person for trial or sentence, the 22
magistrate must make a statement to the person as 23
required by the Justices Act 1886, section 104(2)(b).3 24
`(4) The maximum penalty that may be summarily imposed for an 25
indictable offence is 150 penalty units or 2 years 26
imprisonment. 27
`148B Limitation on who may summarily hear indictable 28
offence proceedings 29
`(1) A proceeding must be before a magistrate if it is a 30
proceeding-- 31
3 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 46 51 s 46
Fire and Rescue Service Amendment Bill 2006
(a) for the summary conviction of a person on a charge for 1
an indictable offence; or 2
(b) for an examination of witnesses for a charge for an 3
indictable offence. 4
`(2) However, if a proceeding for an indictable offence is brought 5
before a justice who is not a magistrate, jurisdiction is limited 6
to taking or making a procedural action or order within the 7
meaning of the Justices of the Peace and Commissioners for 8
Declarations Act 1991. 9
`148C Proceeding for offences 10
`A proceeding for an offence against this Act, other than an 11
indictable offence, must be taken in a summary way under the 12
Justices Act 1886. 13
`148D When proceeding may start 14
`A proceeding for a summary offence against this Act must 15
start within the later of the following periods to end-- 16
(a) 1 year after the commission of the offence; 17
(b) 6 months after the offence comes to the complainant's 18
knowledge, but within 2 years after the offence is 19
committed. 20
`148E Allegations of false or misleading information or 21
document 22
`In any proceeding for an offence against this Act defined as 23
involving false or misleading information, or a false or 24
misleading document, it is enough for a charge to state that 25
the information or document was, without specifying which, 26
`false or misleading'. 27
`148F Forfeiture on conviction 28
`(1) On conviction of a person for an offence against this Act, a 29
court may order the forfeiture to the State of-- 30
(a) anything used to commit the offence; or 31
s 47 52 s 48
Fire and Rescue Service Amendment Bill 2006
(b) anything else the subject of the offence. 1
`(2) The court may make the order-- 2
(a) whether or not the thing has been seized; and 3
(b) if the thing has been seized, whether or not the thing has 4
been returned to its owner. 5
`(3) The court may make any order to enforce the forfeiture it 6
considers appropriate. 7
`(4) This section does not limit the court's powers under the 8
Penalties and Sentences Act 1992 or another law. 9
`149 Dealing with forfeited thing 10
`(1) On the forfeiture of a thing to the State, the thing becomes the 11
State's property and may be dealt with by the State as the 12
State considers appropriate. 13
`(2) Without limiting subsection (1), the State may destroy the 14
thing.'. 15
Clause 47 Omission of s 150 (Continuing offences) 16
Section 150-- 17
omit. 18
Clause 48 Amendment of s 153 (Evidentiary) 19
(1) Section 153(1)(a), `the commissioner or chief 20
commissioner'-- 21
omit, insert-- 22
`the chief executive or the commissioner'. 23
(2) Section 153(1)-- 24
insert-- 25
`(h) a certificate purporting to be signed by the chief 26
executive and stating any of the following matters is 27
evidence of the matter-- 28
(i) that a stated service was provided under this Act to 29
a stated person on a stated day; 30
s 49 53 s 50
Fire and Rescue Service Amendment Bill 2006
(ii) that a stated person was charged a stated amount 1
for a stated service; 2
(iii) that a stated amount mentioned in subparagraph 3
(ii) has not been paid.'. 4
Clause 49 Amendment of s 154 (Regulation-making power) 5
(1) Section 154(2)(d)-- 6
renumber as section 154(2)(f). 7
(2) Section 154(2)-- 8
insert-- 9
`(d) the institution and determination of objections under 10
part 9B and appeals from determinations; 11
(e) fees and charges payable under this Act and the matters 12
for which fees and charges are payable;'. 13
(3) Section 154(3)-- 14
renumber as section 154(4). 15
(4) Section 154-- 16
insert-- 17
`(3) A regulation may, and it is declared always could, prescribe 18
fees payable to the service for-- 19
(a) the assessment and inspection of special fire services 20
within the meaning of the Building Act 1975; or 21
(b) the assessment of proposed alternative solutions within 22
the meaning of the Building Code of Australia.'. 23
Clause 50 Amendment of sch 6 (Dictionary) 24
(1) Schedule 6, definition premises-- 25
omit. 26
(2) Schedule 6-- 27
insert-- 28
`bodily harm see the Criminal Code, section 1. 29
s 51 54 s 51
Fire and Rescue Service Amendment Bill 2006
building certifier see the Building Act 1975, section 8. 1
Building Code of Australia see the Building Act 1975, section 2
12. 3
chief executive (liquor licensing) means the chief executive 4
of the department in which the Liquor Act 1992 is 5
administered. 6
clear floor surface area, for part 9A, division 3A, see section 7
104KA. 8
fire and evacuation plan see section 104E(1)(a). 9
fire safety system, for part 9A, division 3A, see section 10
104KA. 11
grievous bodily harm see the Criminal Code, section 1. 12
licensed building, for part 9A, division 3A, see section 13
104KA. 14
occupancy notice see section 104KF. 15
occupancy number, for part 9A, division 3A, see section 16
104KA. 17
premises-- 18
(a) means any land or building; and 19
(b) for part 6, includes a vehicle or vessel. 20
premises of seizure see section 56B. 21
risk of overcrowding, for part 9A, division 3A, see section 22
104KA.'. 23
Part 3 Amendment of Residential 24
Tenancies Act 1994 25
Clause 51 Act amended in pt 3 26
This part amends the Residential Tenancies Act 1994. 27
s 52 55 s 54
Fire and Rescue Service Amendment Bill 2006
Clause 52 Amendment of s 109 (Grounds for entry) 1
(1) Section 109-- 2
insert-- 3
`(ba) to comply with the Fire and Rescue Service Act 1990 in 4
relation to smoke alarms; or'. 5
(2) Section 109-- 6
insert-- 7
`(bb) to comply with the Electrical Safety Act 2002 in relation 8
to approved safety switches; or'. 9
Part 4 Amendment of Building Act 10
1975 11
Clause 53 Act amended in pt 4 12
This part amends the Building Act 1975. 13
Clause 54 Amendment of s 216 (Meaning of budget accommodation 14
building) 15
(1) Section 216(1), `building that'-- 16
omit, insert-- 17
`building'. 18
(2) Section 216(1)(a)-- 19
omit, insert-- 20
`(a) whose occupants have shared access to a bathroom or 21
sanitary facilities, other than a laundry; and'. 22
(3) Section 216(1)(b), before `provides accommodation'-- 23
insert-- 24
`that'. 25
s 55 56 s 56
Fire and Rescue Service Amendment Bill 2006
(4) Section 216(3)-- 1
renumber as section 216(4). 2
(5) Section 216-- 3
insert-- 4
`(3) For subsection (1)(b), evidence that the building has beds 5
available for use by persons is evidence that it provides 6
accommodation to persons, whether or not the persons are 7
present at the building.'. 8
Part 5 Amendment of Building and 9
Other Legislation Amendment 10
Act 2006 11
Clause 55 Act amended in pt 5 12
This part amends the Building and Other Legislation 13
Amendment Act 2006. 14
Clause 56 Amendment of schedule (Consequential and minor 15
amendments of other Acts) 16
Schedule, amendments 1 to 3 of the Fire and Rescue Service 17
Act 1990-- 18
omit. 19
© State of Queensland 2006
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