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FIRE SERVICE AMENDMENT (FIRE INFRINGEMENT NOTICES) BILL BILL 58 OF 2015

                                  CLAUSE NOTES

           Fire Service Amendment (Fire Infringement Notices) Bill 2015

Clause 1     Short Title

             The Fire Service Amendment (Fire Infringement Notices) Act 2015.
Clause 2     Commencement

             The Act will commence on the day it receives Royal Assent.
Clause 3     The Principal Act

             This clause provides that the Principal Act to which the amendments
             apply is the Fire Service Act 1979.
Clause 4     Part IVB inserted – “Fire Infringement Notices and Other
             Notices”

             Clause 4 inserts Part IVB after section 60I of the Principal Act. Part
             IVB includes 7 new sections: ss 60J, 60K, 60L, 60M, 60N, 60O and
             60P.

             Section 60J “Interpretation”

             Inserts a new section which includes the following definitions:

                           caution fire infringement 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 offences 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);

                           Issuing officer means the Chief Officer or the
                           Commissioner of Police or a person authorised by the
                           Chief Officer or Commissioner of Police in writing to
                           issue notices under this Part.

             Subsection (2) inserts a list of provisions and regulations that
             consitute a fire infringement offence. These provisions are primarly
             drawn from the Principal Act, but also include offences in the
             General Fire Regulations or in the Fire Service (Miscellaneous)

 


 

Regulations 2007. The Principal Act infringement offences are:  section 37 – maintaining a salvage corps or fire bridgade without the permission of the State Fire Commission, unless on land owned or occupied by that person;  section 48 – failure to comply with a Fire Service Officer’s notice to act to prevent fire, minimise a fire risk or to take precautions to protect life and property;  section 49 – failure to comply with a Fire Service Officer’s notice to remove or burn-off vegetation, rubbish or matter to prevent a fire danger;  section 51 – failure to comply with a Fire Service Officer’s notice to take measures to ensure safe storage or transport of hzaradous and flammable material, or to prohibit storage or transport;  section 60F – failure to comply with a condition or restriction of bushfire hazard management accreditation;  section 63 – failure to take all reasonable precautions in lighting or maintaining a fire for the purpose of clearing vegetation in a fire permit period;  section 66 – lighting or maintaining a fire without a permit in a protected area or to clear vegetation in a fire permit period;  section 68 – unauthorised entry into land declared to be an area of extreme fire hazard;  section 69 – lighting a camp fire within 3 metres of a tree, stump or log, leaving a camp fire unattended or lighting a camp fire in a fire permit period within 3 metres of flammable material;  section 71 – lighting or maintaining an open air fire on land or using a restricted machine on a day of total fire ban;  section 113 – failure of an owner of a property connected with a fire to comply with a Fire Service Officer’s request for information;  section 120 – preventing a person from assisting a member of

 


 

the Fire Service in fire-fighting operations; and  section 128 – miscellaneous offences including: o obstructing a Fire Service Officer in the performance of their duties; o interfering with the property of the Fire Service Commission or access to that property; o failure to take reasonable precuations to prevent the escape or spread of fire on land; o causing ignited material to be within 6 metres of prescribed flammable material in a fire permit period; or o leaving a lit match or cigarette in an open space on a day of total fire ban. The Principal Act offences also includes 60N(4), an offence created by this Bill for failing to complete a Firesafe course. Section 60K “Approval of Firesafe courses” Inserts a new section 60K that provides that the Chief Officer may approve a course of training, education or information as a Firesafe course. A Firesafe course involves training and/or information that the Chief Officer considers necessary to educate a person about:  the person’s obligation to comply with the Act;  how best to comply with the Act; and  the implications and consequences of failing to comply with the Act. Section 60L “Issuing officer may serve certain notices in respect of fire infringement offences” If an issuing officer is satisfied that a fire infringement offence has occurred they can cause one or more of the following to be served:  a caution fire infringement notice; or  a Firesafe course notice; or  a fire infringement notice. A caution fire infringement notice cannot be issued in conjunction with

 


 

any of the other notices. This clause also provides that a person cannot be prosecuted for an offence if:  a caution fire infringement notice has been issued and not withdrawn; or  a Firesafe course notice has been issued, served and completed. Section 60M “Caution fire infringement notice” Inserts a new section 60M, which prescribes the information to be included on a caution fire infringement notice. It must specify:  the reported offence(s) in respect of which it is issued;  the penalty for that infringement offence under the relevant regulations; and  clarify that the person does not need to pay any sum or money. A caution fire infringement notice can be withdrawn by notifying the person served in writing. If a fire infringement notice is withdrawn, the Chief Officer is not prevented from taking any other action in respect of that offence. Section 60N “Firesafe course notices” Inserts a new section 60N, which prescribes the information to be included on a Firesafe course notice. It must specify:  the requirement to attend and complete a Firesafe course;  if specified, the particular Firesafe course;  the period in which to complete a Firesafe course; and  that the person may request to extend the period in time to complete a Firesafe course. A Firesafe course notice can be withdrawn or amended, by notifying the person served in writing. A Firesafe course notice can be amended in respect to the timeframe to complete a course or in respect of the particular course the person is required to attend. Failure to comply with a Firesafe course notice has a maximum fine of a 10 penalty units.

 


 

60O “Review of caution fire infringement notices or Firesafe course notices” Inserts a new section 60O, which provides a person aggrieved by a decision in respect to either notice can appeal to the Magistrate Court for a review. It does not include fire infringement notices because there is an automatic right to appeal through the criminal justice system. 60P “Fire infringement notices” Inserts a new section 60P, which provides that a fire infringement notice is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005. The penalty for a fire infringement notice will be prescribed by the regulations. Clause 5 Section 116 amended (Service of notices) Rescinds section 116(1), which defined service of notices under the Act. Without this subsection, service will be governed by the Acts Interpretation Act 1931. Clause 6 Section 124A inserted Clause 6 inserts section 124A(1) and (2) after section 214 of the Principal Act. 124A “Power of police officer to demand name and address” Inserts section 124A, which provides that a police officer can demand the name and address of a person suspected of having committed an offence against a provision of the Act. It also provides that it is an offence to fail to provide a name or address, or to provide a false name or address. Clause 7 Section 125 amended Clause 7 amends section 125(2) by providing that Police can arrest without a warrant, a person who has failed to provide an accurate name and address to a member of the Fire Service or a police officer. Clause 8 Repeal of Act The Fire Service Amendment (Fire Infringement Notices) Act 2015 will be repealed three hundred and sixty five days after it commences, as

 


 

the amendments are consolidated into the Principal Act.

 


 

 


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