Australian Capital Territory Repealed Acts

This legislation has been repealed.

FIRE BRIGADE ACT 1957 (REPEALED) - SECT 12F

    (1)     In this section:

"fire emergency" means—

        (a)     a period in respect of which a warning about the spread of fires has been given under the Bushfire Act 1936, section 7A; or

        (b)     a situation in which there is an immediate and serious danger to life or property from the outbreak or spread of fire.

    (2)     Where the chief officer believes on reasonable grounds that:

        (a)     a fire emergency affects particular premises in a built-up area; and

        (b)     flammable matter kept on the premises constitutes an immediate and serious danger to life or property in the event of fire; and

        (c)     it is impracticable to give a direction under section 12C to eliminate the danger;

the chief officer may enter the premises with such force and assistance as is necessary and reasonable and—

        (d)     direct the occupier to take specified action to eliminate the danger; or

        (e)     arrange for such action to be taken otherwise.

    (3)     A direction under subsection (2) (d)—

        (a)     may be given orally or in writing; and

        (b)     shall specify the action which the chief officer believes on reasonable grounds is necessary and reasonable for the occupier to take in the emergency; and

        (c)     specify the period within which the occupier is to act.

    (4)     The amount of any expenses necessarily and reasonably incurred by or on behalf of the Territory in respect of action taken in accordance with subsection (2) (e) is a debt due to the Territory by the occupier of the premises.

    (5)     If there are 2 or more occupiers of the premises, their liability for the debt is joint and several.