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TASMANIA
__________
FIRE SERVICE AMENDMENT (FIRE
INFRINGEMENT NOTICES) BILL 2015
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Part IVB inserted
PART IVB - Fire Infringement Notices and Other Notices
Division 1 - General
60J. Interpretation
60K. Approval of Firesafe courses
Division 2 - Notices
60L. Issuing officer may serve certain notices in respect
of fire infringement offences
60M. Caution fire infringement notices
60N. Firesafe course notices
60O. Review of caution fire infringement notices or
Firesafe course notices
60P. Fire infringement notices
5. Section 116 amended (Service of notices)
6. Section 124A inserted
124A. Power of police officer to demand name and address
7. Section 125 amended (Power of police officer to arrest without
warrant in certain cases)
8. Repeal of Act
[Bill 58]-VI
2
FIRE SERVICE AMENDMENT (FIRE
INFRINGEMENT NOTICES) BILL 2015
(Brought in by the Honourable Michael Victor Gaffney)
A BILL FOR
An Act to amend the Fire Service Act 1979
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Fire Service
Amendment (Fire Infringement Notices) Act
2015.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Fire Service Act 1979* is
referred to as the Principal Act.
4. Part IVB inserted
After section 60I of the Principal Act, the
following Part is inserted:
*No. 35 of 1979
[Bill 58] 3
Fire Service Amendment (Fire Infringement Notices) Act 2015
Act No. of
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PART IVB - FIRE INFRINGEMENT NOTICES AND
OTHER NOTICES
Division 1 - General
60J. Interpretation
(1) In this Part -
caution fire infringement notice
means a notice in accordance
with section 60M;
fire infringement notice means an
infringement notice issued and
served in accordance with
section 60P;
fire infringement offence means an
offence referred to in
subsection (2);
Firesafe course means a course of
training, education or information
approved by the Chief Officer
under section 60K(1);
Firesafe course notice means a notice
in accordance with section 60N;
issuing officer means -
(a) the Chief Officer; or
(b) the Commissioner of
Police; or
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Fire Service Amendment (Fire Infringement Notices) Act 2015
Act No. of
s. 4
(c) a person authorised in
writing by the Chief
Officer, or the
Commissioner of Police,
to issue notices under this
Part.
(2) A fire infringement offence is an offence
committed under one of the following
provisions:
(a) section 37;
(b) section 48;
(c) section 49;
(d) section 51;
(e) section 60F;
(f) section 60N(4);
(g) section 63;
(h) section 66;
(i) section 68;
(j) section 69;
(k) section 71;
(l) section 113;
(m) section 120;
(n) section 128;
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Fire Service Amendment (Fire Infringement Notices) Act 2015
Act No. of
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(o) a provision of the General Fire
Regulations made under
section 133;
(p) a provision of this Act, or the
regulations, that is prescribed as a
fire infringement offence.
60K. Approval of Firesafe courses
(1) For the purposes of this Part, the Chief
Officer may approve a course of training,
education or information as a Firesafe
course.
(2) A Firesafe course is to involve such
training or information, and be in such a
form, as the Chief Officer considers
necessary to educate a person about -
(a) the person's obligation to comply
with this Act; and
(b) how best to ensure the person's
compliance with this Act; and
(c) the implications, and
consequences, of failing to
comply with this Act.
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Fire Service Amendment (Fire Infringement Notices) Act 2015
Act No. of
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Division 2 - Notices
60L. Issuing officer may serve certain notices in
respect of fire infringement offences
(1) If an issuing officer is satisfied, on
reasonable grounds, that a person has
committed a fire infringement offence,
the issuing officer may -
(a) serve on the person a caution fire
infringement notice in respect of
the offence; or
(b) do either or both of the following:
(i) serve on the person a
Firesafe course notice in
respect of the offence;
(ii) issue a fire infringement
notice in respect of the
offence and cause the fire
infringement notice to be
served on the person.
(2) A person may not be prosecuted for a fire
infringement offence if -
(a) the person was served with a
caution fire infringement notice
in respect of the offence and that
caution fire infringement notice
has not been withdrawn in
accordance with section 60M(2);
or
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Fire Service Amendment (Fire Infringement Notices) Act 2015
Act No. of
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(b) the person -
(i) has been served with a
Firesafe course notice in
respect of the offence; and
(ii) has not been issued and
served with a fire
infringement notice in
respect of the offence -
and the person has attended and
completed the Firesafe course as
required.
60M. Caution fire infringement notices
(1) A caution fire infringement notice is to -
(a) specify the fire infringement
offence or offences in respect of
which it is served; and
(b) specify the penalty applicable for
each fire infringement offence
specified in the notice; and
(c) include a statement that the
caution fire infringement notice
does not require the person
served with the notice to pay any
sum of money.
(2) An issuing officer may withdraw a
caution fire infringement notice at any
time by written notice to the person who
has been served with the notice.
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Fire Service Amendment (Fire Infringement Notices) Act 2015
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60N. Firesafe course notices
(1) A Firesafe course notice is to specify -
(a) that the person served with the
notice is required to attend and
complete a Firesafe course; and
(b) if the issuing officer requires that
person to attend and complete a
specific Firesafe course, the
Firesafe course that the person is
required to attend and complete;
and
(c) the period within which that
person must attend and complete
the Firesafe course; and
(d) that the person served with the
notice may request, in writing, an
extension of the period specified
in paragraph (c) from the issuing
officer.
(2) An issuing officer may, if requested to do
so or on his or her own initiative, do any
one or more of the following:
(a) withdraw a Firesafe course
notice;
(b) amend a Firesafe course notice to
do either or both of the following:
(i) extend the period referred
to in subsection (1)(c);
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Fire Service Amendment (Fire Infringement Notices) Act 2015
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(ii) remove, impose or alter
the requirement for the
person to attend a specific
Firesafe course.
(3) If an issuing officer withdraws or amends
a Firesafe course notice under
subsection (2), the issuing officer is to
notify the person served with the notice,
in writing, of the withdrawal or
amendment.
(4) A person who has been served with a
Firesafe course notice must comply with
that notice within the period specified in
it, or such further period as has been
notified to the person under
subsection (3).
Penalty: Fine not exceeding 10 penalty
units.
60O. Review of caution fire infringement notices
or Firesafe course notices
A person who is aggrieved by a decision
of an issuing officer under this Part in
respect of a caution fire infringement
notice, or a Firesafe course notice, may
apply to the Magistrates Court
(Administrative Appeals Division) for a
review of the decision.
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Fire Service Amendment (Fire Infringement Notices) Act 2015
Act No. of
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60P. Fire infringement notices
(1) A fire infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
(2) The regulations -
(a) may prescribe, for fire
infringement offences, the
penalties payable under fire
infringement notices; and
(b) may prescribe different penalties
for bodies corporate and
individuals.
5. Section 116 amended (Service of notices)
Section 116 of the Principal Act is amended by
omitting subsection (1).
6. Section 124A inserted
After section 124 of the Principal Act, the
following section is inserted in Part VII:
124A. Power of police officer to demand name and
address
(1) A police officer may demand the name
and address of any person whom he has
reason to suspect of having committed an
offence against any of the provisions of
this Act.
11
Fire Service Amendment (Fire Infringement Notices) Act 2015
Act No. of
s. 7
(2) A person who refuses to give his name or
address, or who gives a name and
address that is intended to mislead the
police officer making the demand, is
guilty of an offence against this Act.
7. Section 125 amended (Power of police officer to
arrest without warrant in certain cases)
Section 125(2) of the Principal Act is amended
as follows:
(a) by inserting the following paragraphs
after paragraph (d):
(da) section 124;
(db) section 124A; and
(b) by omitting from paragraph (d) "and".
8. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
12 Government Printer, Tasmania