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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 129
Fire and
Emergency Amendment Bill 2010
Mr
Henderson
A Bill for an Act to amend the Fire and Emergency Act
NORTHERN TERRITORY OF AUSTRALIA
FIRE AND EMERGENCY AMENDMENT ACT 2010
____________________
Act No. [ ] of 2010
____________________
Table of provisions
8A Approved
forms
10 Delegation
43 Fees
and
charges
53 Continuing
offence
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2010
____________________
An Act to amend the Fire and Emergency Act
[Assented to [ ] 2010]
[Second reading [ ] 2010]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Fire and Emergency Amendment Act 2010.
This Act commences on the day fixed by the Administrator by Gazette notice.
This Act amends the Fire and Emergency Act.
Section 3(1)
insert (in alphabetical order)
approved form means a form approved under section 8A.
Section 5(2)
omit, insert
(2) For the Public Sector Employment and Management Act:
(a) the Fire and Rescue Service is an Agency; and
(b) the Commissioner of Police is the Chief Executive Officer of the Fire and Rescue Service.
After section 8
insert
The Director may approve forms for this Act.
Section 10
repeal, insert
(1) The Minister or Director may, in writing, delegate to a person any of his or her powers and functions under the Act.
(2) The Chief Executive Officer may exercise the powers and perform the functions of the Director without delegation.
(1) Section 19(1)(a), at the end
insert
and
(2) Section 19(2)(a), at the end
insert
or
(3) Section 19(4), after "may be"
insert
made for any one or more of the following
(4) Section 19(4)(c)
omit, insert
(c) for all fires or other emergencies in a specified area;
Section 25(2)(b)
omit
occupier or owner (where there is no occupier)
insert
owner or occupier
(1) Section 30(3)(a)
omit
occupiers
insert
owner or occupier
(2) Section 30(3)(b)
omit
an occupier who has been notified under paragraph (a)
insert
the owner or occupier
(3) Section 30(7)
omit
In this section, occupier of adjoining land means the occupier of
insert
In this section:
adjoining land means
Section 43
repeal, insert
(1) If a member, with or without equipment, attends a fire or other emergency as required under this Act, the fees or charges prescribed by regulation are:
(a) payable in accordance with this section; and
(b) recoverable from the persons liable as a debt due to the Territory.
(2) Subject to subsections (4) to (6), the persons liable for the fees or charges are:
(a) for a fire or other emergency affecting land or buildings – the owners and occupiers of the land or buildings affected, or of any land, building or part of a building forming part of the land or buildings affected; or
(b) otherwise – the owner or owners of, and any other person or persons having an interest in, the property, or any part of the property, which was affected by the fire or emergency or to which the emergency related.
(3) If 2 or more persons are liable for the fees or charges, the liability is joint and several.
(4) The owners of land or a building on the land are liable for the fees or charges if:
(a) a member, with or without equipment, attends the land or building in response to an alarm installed for the protection of the land or building; and
(b) there is in fact no fire or other emergency.
(5) However, if the Director has entered into an agreement with the occupier of the land or building to monitor the alarm, the fees or charges are payable by the occupier.
(6) The person who makes a call to the Fire and Rescue Service for attendance at a fire or other emergency at a place is liable for the fees or charges if:
(a) a member, with or without equipment, attends at the place in response to the call; and
(b) there is in fact no fire or other emergency at the place.
(7) A regulation may prescribe other fees or charges payable under this Act, including fees and charges for performing a function under another Act.
(8) Fees or charges payable in relation to land or a building on land is a statutory charge, as defined in section 4 of the Land Title Act, on the land.
Section 46
repeal
Section 52, penalty provision
omit, insert
Maximum penalty: 100 penalty units or imprisonment for 2 years.
Section 53
repeal, insert
(1) This section applies if a court has found a person guilty of an offence against this Act.
(2) The court may, in addition to any penalty imposed for the offence, impose a penalty not exceeding 5 penalty units for each day during which the offence continues after the day the offence is committed.
(1) Section 54(1)
omit, insert
(1) The Administrator may make regulations under this Act.
(2) Section 54(2)
omit
all the words from "Without" to "provide for:"
insert
The regulations may provide for the following:
(3) Section 54(2)(j)
omit, insert
(j) an offence against this Act to be a regulatory offence.
(4) Section 54(2)(i)
omit (last reference)
or
16 Sections 55 and 56 repealed
Sections 55 and 56
repeal
The Schedule has effect.
section 17
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
Part 1, heading, at the end
|
|
matters
|
|
section 3(1), definition Chief Executive
Officer
|
and includes the person holding office under section
56(5)
|
|
|
section 3(1), definition emergency response
area
|
, or deemed under section 56,
|
|
|
section 3(1), definitions emergency,
paragraph (a)(ii), flammable or combustible material, paragraph
(a)(i), and member, paragraph (a), at the end
|
|
|
|
section 3(1), definition fire and
emergency response group
|
or 56
|
|
|
section 3(1), definition police
officer
|
whole definition
|
|
|
section 3(1), definition vehicle,
paragraph (a), at the end
|
|
and
|
|
section 3(2)(a), at the end
|
|
or
|
|
section 4(1)
|
notice in the Gazette
|
Gazette notice
|
|
sections 7(2), 11(2), 12(1), 13(2) and (3), 14(2),
16(2), 18, 19(2), 20(1) and (6), 21(1) and (2), 22(3) to (5), 23(2), 28, 30(1),
(3), (5) and (6), 31(3), 32, 34(2) and (3), 36(1), (3) and (5), 37, 38(1) and
(2), 39, 40 and 51(1)
|
shall
(all references) |
must
|
|
sections 8(2)(a) to (f) and 12(1)(a), at the
end
|
|
and
|
|
section 15
|
shall not be
|
is not
|
|
section 16(1)
|
shall
|
may
|
|
section 17(2)(a) to (c), at the end
|
|
and
|
|
section 19(1)(c)
|
shall exercise the powers and perform
the
|
has the powers and
|
|
section 20(2)
|
may:
|
may exercise any of the following
powers:
|
|
; or
|
;
|
|
|
section 20(5)
|
shall not be
|
is not
|
|
section 21(1)
|
by:
|
by any of the following:
|
|
section 21(1)(b)
|
; or
|
;
|
|
section 22(6)
|
shall
be
|
is
|
|
section 23(2)(a), at the end
|
|
or
|
|
section 23(3)
|
offence:
|
offence, exercise any of the following
powers:
|
|
section 23(3)(b)
|
; and
|
;
|
|
section 24(1) and (2)
|
may:
|
may exercise any of the following
powers:
|
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; and
|
;
|
|
|
section 27(1)(b)
|
thereto,
|
to the place;
|
|
section 27(1)
|
shall, subject to subsection (2), be
|
is, subject to subsection (2),
|
|
section 27A(1)(b)
|
time,
|
time;
|
|
section 29(a), at the end
|
|
or
|
|
section 30(5)
|
prescribed
|
approved
|
|
section 30(6)(a)
|
or fail to comply with
|
|
|
section 31(2)
|
may:
|
may provide as follows:
|
|
section 31(2)(a)
|
and/or
|
|
|
section 34, heading
|
, &c.
|
etc.
|
|
section 34(1)
|
direction:
|
direction, exercise any of the following
powers:
|
|
section 34(1)(b)
|
; and
|
;
|
|
section 35(1)(c)
|
emergency,
|
emergency ;
|
|
sections 35(1)(a)(ii), (b) to (e), (f)(ii), (g) and
(h) and 40(a), at the end
|
|
or
|
|
section 40(c)
|
from,
|
from;
|
|
Part 7, heading, at the end
|
|
matters
|
|
section 41(1)
|
notice in the Gazette
|
Gazette notice
|
|
section 41(3)
|
member
(all references) |
person
|
|
section 42
|
shall be
|
is
|
|
section 47
|
shall not
power of
|
cannot
power or
|
|
section 49
|
shall be
|
is
|
|
section 50(1)
|
(1) In
|
In
|
|
section 50(a) to (c), at the end
|
|
or
|
|
section 50(e)
|
member,
|
member;
|
|
section 52
|
or fails to comply with
|
|
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