Australian Capital Territory Repealed Acts

This legislation has been repealed.

FIRE BRIGADE ACT 1957 (REPEALED) - SECT 12A

    (1)     The chief officer may apply to the Magistrates Court for an order for the issue of—

        (a)     an improvement notice; or

        (b)     an occupancy notice; or

        (c)     a closure notice;

in respect of premises.

    (2)     An application shall be supported by an affidavit setting out the grounds for believing that—

        (a)     the premises or part of the premises; or

        (b)     anything on the premises; or

        (c)     the lack or inadequacy of fire prevention measures or fire safety measures on or in relation to the premises; or

        (d)     the use to which the premises are or are likely to be put; or

        (e)     the number of persons who are likely to be on the premises at any time;

is or are likely to present a risk to public safety or to the safety of persons who are or are likely to be on the premises, being a risk from fire or other hazard.

    (3)     The occupier of the premises to which an application relates is the respondent to the application.

    (4)     Where, on an application for an order for the issue of a closure notice in respect of premises, the Magistrates Court is satisfied that the gravity of the risk is such that the notice sought should be issued forthwith, the court may make an interim order for the issue of such a notice whether or not a copy of the application and of the supporting affidavit have been served on the respondent.

    (5)     An interim order may be made ex parte.

    (6)     Jurisdiction is conferred on the Magistrates Court to hear and determine an application under this section.

    (7)     The chief officer shall serve a copy of a notice under subsection (1) on the person whom he or she believes on reasonable grounds to be the occupier of the premises.

    (8)     Where the person on whom a copy of a notice under subsection (1) is served is not the owner of the premises, the chief officer shall serve a copy of the notice on the owner.

    (9)     The effectiveness of a notice under subsection (1) is not affected by a failure to comply with subsection (8).

    (10)     A notice under subsection (1) continues in force and has effect—

        (a)     as varied under section 12AH; and

        (b)     until revoked in accordance under section 12AG or 12AH.