Australian Capital Territory Repealed Acts

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This legislation has been repealed.

FIRE BRIGADE ACT 1957 (REPEALED) - SECT 12

Offences

    (1)     A person shall not—

        (a)     wilfully obstruct or interfere with a person in the performance of his or her duties or the exercise of his or her powers under this Act or, where the person is a member of the brigade, otherwise as a member of the brigade; or

        (b)     fail to comply with an order or direction given under this Act (other than a direction under section 12C (1)) by the chief officer, a member of the brigade or a member of the police force of the Territory; or

        (c)     remain in or on premises on fire, or in the vicinity of a fire, after being ordered by the chief officer, a member of the brigade or a member of the police force of the Territory to leave the premises; or

        (d)     without the consent of the chief officer or a member of the brigade, drive a vehicle over a fire hose or so near a fire hose or other fire appliance as to interfere with the effective use of the appliance; or

        (e)     wilfully remove, destroy, damage or interfere with a fire appliance or a building used for housing or storing fire appliances; or

        (f)     wilfully cover up, enclose or conceal a fire hydrant or obliterate or remove a mark, sign or letter indicating the position of, or distinguishing, a fire hydrant; or

        (g)     except for the purpose of giving an alarm of fire, tamper with a fire alarm or signalling apparatus for giving notice of a fire; or

        (h)     maliciously give a false alarm of fire; or

              (i)     without the consent in writing of the chief officer, light a fire which may be dangerous to a building; or

        (j)     store or deposit flammable matter so as to cause, directly or indirectly, a danger by fire to life or property; or

        (k)     deposit materials, goods or any other matter or thing in a passageway or stairway or in an exit that is used or intended to be used, or that, but for an obstruction, would be used, for escape by persons in the event of fire, so as to obstruct the passageway, stairway or exit; or

        (l)     close a door or exit in such a stairway or passageway in such a manner that a person could not make use of the door or exit to leave the building in the event of fire; or

        (m)     being the owner of premises in a built-up area, so keep flammable matter on the premises as to cause, directly or indirectly, a danger by fire to life or property; or

        (n)     being the owner of the premises, fail to repair or replace a fire appliance that has been damaged or is defective; or

        (o)     fix in an open or closed position, other than in a manner approved by the chief officer, a fire door, smoke door or exit door.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001 , s 104).

    (2)     In this section, a reference to a fire door, smoke door or exit door is a reference to a fire door, smoke door or exit door as described in the building manual referred to in the Building Act 1972 .

    (3)     Subsection (1) (m) does not apply in respect of flammable matter to which a direction under section 12C (1) relates.



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