Queensland Consolidated Acts

FIRE AND RESCUE SERVICE ACT 1990

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   6.      Definitions
   6A.     Authorised fire officers
   7.      Act binds all persons

           Part 2--Queensland Fire and Rescue Service

           Division 1--Queensland Fire and Rescue Service

   8.      Establishment of service
   8A.     Membership of service
   8B.     Functions of service
   8C.     Chief executive's responsibility

           Division 3--Commissioner

   9.      Appointment of commissioner
   10.     Salary and conditions
   11.     Acting commissioner
   12.     Role of commissioner
   18.     Codes of practice
   19.     Delegation by commissioner

           Division 4--Other matters about the service

   19C.    Delegation

           Part 3--Financial provisions

   20.     Fund

           Part 4--Provisions affecting personnel

           Division 1--Appointments and conditions

   25.     Staff of service
   25A.    Fire service officers employed under this Act
   26.     Conditions of employment
   27.     Additional remuneration

           Division 2--Termination of office

   28.     Retirement
   29.     Retrenchment

           Division 3--Discipline and appeals

   30.     Discipline
   31.     Implementation of order
   32.     Suspension
   33.     Mode of dismissal or suspension

           Part 4A--Emergency Services Advisory Council

   34.     Establishment of council
   35.     Functions of council
   36.     Membership of council
   37.     Chairperson of council
   38.     How appointments made
   39.     Term of office
   40.     Removal from office
   41.     Quorum
   42.     Conduct of business
   43.     Minutes
   44.     Remuneration of members

           Part 6--Powers of authorised fire officers

   53.     Powers of authorised officer in dangerous situations
   54.     Disposal of property
   55.     Powers of authorised fire officer for preventative or investigative purposes
   56.     Extent of power of entry
   56A.    Power to seize evidence etc.
   56B.    Powers supporting seizure
   56C.    Receipt for seized things
   56D.    Forfeiture of seized things
   56E.    Return of seized things
   56F.    Access to seized things
   57.     Power to require name and address
   58A.    Reasonable assistance to be provided
   58B.    Power to inquire into fire or hazardous materials emergency
   58C.    Power to require production of certain documents
   59.     Person acting at direction of authorised fire officer
   60.     Directions concerning exercise of powers
   60A.    Decontamination

           Part 6A--Powers of investigation officers

           Division 1--Investigation officers

   60B.    Appointment
   60C.    Appointment conditions and limit on powers
   60D.    When investigation officer ceases to hold office
   60E.    Functions of investigation officers
   60F.    Issue of identity card
   60G.    Production or display of identity card
   60H.    Return of identity card

           Division 2--Powers of investigation officers

   60I.    Power to enter places
   60J.    Entry with consent
   60K.    General powers after entering places
   60L.    Failure to help investigation officer
   60M.    Failure to answer questions
   60N.    Power to require name and address
   60O.    Failure to give name or address
   60P.    False or misleading statements
   60Q.    False or misleading documents

           Part 7--Control and prevention of fires

           Division 1--Powers of commissioner relating to fires

   61.     Interpretation and application of division
   62.     Offence to light unauthorised fire
   63.     Authorisation of fires by commissioner
   64.     Prohibition by commissioner against lighting of fires
   65.     Granting of permits
   66.     Fires in State forests etc.
   67.     Occupier to extinguish fire
   68.     Powers of occupier of entry etc.
   69.     Requisition by commissioner to reduce fire risk
   70.     Restriction on sale of notified articles
   71.     Notifications, notices and permits
   72.     Offences re lighting fires
   73.     Liability of person for fire lit by agent or employee
   74.     Liability for damage caused by certain fires

           Division 2--Fire wardens

   75.     Chief fire wardens and fire wardens
   76.     Powers and functions
   77.     Expenses
   78.     Appeals from decisions of fire wardens

           Division 3--Rural fire brigades

   79.     Formation of rural fire brigade
   80.     Rural fire brigade may make rules
   81.     Officers of rural fire brigade
   82.     Functions of a rural fire brigade
   83.     Powers of first officer
   84.     Equipment for rural fire brigade
   85.     Chief executive's role relating to rural fire brigades
   86.     Powers of officers of other States to fight fires in Queensland

           Part 8--Fire emergency

           Division 1--Local fire bans

   86A.    Imposing local fire ban
   86B.    Publicising local fire ban
   86C.    Cancelling local fire ban
   86D.    Period of local fire ban
   86E.    Effect of local fire ban on other authorisations to light fires
   86F.    Contravening local fire ban
   86G.    Evidentiary aid about local fire ban

           Division 2--Declarations of state of fire emergency

   87.     Declaration of state of fire emergency
   88.     Publication of declaration
   89.     Period of state of fire emergency
   90.     Effect of emergency on existing authorities to light fires
   91.     Commissioner's power during fire emergency
   92.     Failure to comply with declaration
   93.     Certificate re declaration

           Part 9--Off-site plans for dangerous goods

   95.     Application of part
   96.     Occupier to provide information concerning dangerous goods
   97.     Off-site emergency plans
   98.     Assistance with plans
   99.     Approval of plans
   100.    Amendment of plan
   101.    Duty to implement plan
   102.    Notice of changed circumstances
   103.    Keeping copies of plans
   104.    Punishment for certain offences against this part

           Part 9A--Building fire safety

           Division 1--Interpretation

   104A.   Interpretation
   104B.   Application to prisons

           Division 2--Obligations of persons for fire safety
           Subdivision 1--Means of escape and prescribed fire safety installations

   104C.   Occupier of building to maintain means of escape from building
   104D.   Occupier of building to maintain prescribed fire safety installations
   104DA.  Additional requirement for monitored systems
           Subdivision 2--Fire and evacuation plan
   104E.   Fire and evacuation plan
   104F.   Assistance with plan
           Subdivision 3--Fire safety management plan
   104FA.  Obligation to prepare fire safety management plan
   104FB.  Other obligations about fire safety management plan
   104FC.  Meaning of fire safety management plan
   104FD.  Guidelines for preparing fire safety management plans
   104FE.  Public notice of guidelines
   104FF.  Access to guidelines
   104FG.  Accessing fire safety management plan
           Subdivision 3A--Matters relating to particular proceedings under this division
   104FGA. Provisions applying for particular proceedings
           Subdivision 4--Obligations of entities about guidelines for fire safety standard and fire safety management plans
   104FH.  Obligations about guidelines for fire safety standard and fire safety management plans
           Subdivision 5--Commissioner's notice about occupier's and owner's obligations
   104G.   Notice by commissioner about occupier's or owner's obligations

           Division 3--Prohibition on prescribed use without certificate of compliance

   104H.   Prohibition on prescribed use without certificate of compliance
   104I.   Certificate of compliance
   104J.   Form of certificate of compliance
   104K.   Certificate of compliance—limitations on requirements

           Division 3A--Occupancy limits for particular licensed buildings
           Subdivision 1--Preliminary

   104KA.  Definitions for div 3A
   104KB.  Object of div 3A
   104KC.  Application of div 3A to a part of a licensed building
           Subdivision 2--Occupancy notices
   104KD.  Deciding if a building is an at risk licensed building
   104KE.  Deciding an occupancy number
   104KF.  Commissioner may give occupancy notice to occupier
   104KG.  Occupancy number applying during particular uses or circumstances
   104KH.  Application and currency of occupancy notice
   104KI.  Re-assessment of risk of overcrowding
           Subdivision 3--Obligations of occupiers of at risk licensed buildings
   104KJ.  Application of sdiv 3
   104KK.  Ensuring the occupancy number is not exceeded
   104KL.  Ensuring staff are aware of the occupancy number
   104KM.  Implementing a counting system
   104KN.  Displaying signs stating the occupancy number
   104KO.  Including the occupancy number in the fire and evacuation plan
   104KP.  Notifying the commissioner of relevant changes
   104KQ.  Action if an officer knows or suspects the occupancy number is being exceeded
           Subdivision 4--Miscellaneous
   104KR.  Commissioner may give copies of notices to chief executive (liquor licensing)
   104KS.  Commissioner may publish occupancy numbers

           Division 5--Injunctions relating to high risk buildings

   104R.   Injunctions

           Division 5A--Smoke alarms for domestic dwellings

   104RA.  Definitions for div 5A
   104RB.  Owner must install smoke alarm
   104RC.  Lessor must replace smoke alarm
   104RD.  Testing smoke alarms
   104RE.  Replacing the batteries
   105RF.  Tenant must advise lessor if smoke alarm needs replacing
   104RG.  Cleaning smoke alarms
   104RH.  Person must not interfere with smoke alarm
   104RI.  Division applies for all alarms
   104RJ.  Agent may act for owner
   104RK.  Notice to transferee of residential land about smoke alarms
   104RL.  Notice to chief executive about smoke alarms and other matters
   104RM.  Notice to buyer of manufactured home about smoke alarms

           Division 6--Regulations

   104S.   Regulations relating to this part

           Part 9B--Objections to notices

   104SA.  Application of pt 9B to notices under s 69
   104SB.  Persons aggrieved by notice may object
   104SC.  Panel of referees to be convened
   104SD.  Membership of panel of referees
   104SE.  Determination of objection
   104SF.  Relief from penalty pending determination of objection
   104SG.  Stay of operation of s 69 notice
   104SH.  Appeal from panel of referees

           Part 10--Funding

           Division 1--Interpretation

   105.    Definitions

           Division 2--Funding for urban fire brigades

   106.    Constitution of urban districts
   107.    Liability to contribute
   108.    Annual contributions of owners of prescribed properties
   109.    Annual returns by component local governments
   110.    Discount for pensioners
   111.    Duties of owner of prescribed property and component local government
   112.    Determinations and notifications of contributions
   113.    Appeal against local government's determination
   114.    Manner of giving notification
   115.    Annual contribution etc. deemed to be rates
   116.    Contribution to be paid into fund of component local government
   117.    Retention of administration fee by component local governments
   118.    Payments by component local governments to department
   119.    Failure by component local government to make payment
   120.    Payments and interest to be debt
   121.    Payment of arrears
   122.    Notices about contributions
   123.    Recovery of arrears
   124.    Remitting contributions
   125.    Proof of amounts owing re contributions
   126.    Where services of commercial agent engaged
   127.    Application of Crown Proceedings Act
   128.    Fire levies not revenue in determining remuneration of employees of local government

           Division 3--Funding for rural fire brigades

   128A.   Local government may make and levy certain rates or charges and contribute amounts raised to rural fire brigades

           Part 11--General

   129.    Protection for acts done pursuant to Act
   131.    Representation of chief executive at inquiries
   132.    Construction of policies of fire insurance
   133.    Report of fire
   134.    Right of way to fire officers
   135.    Exemption from tolls
   137.    Inspection of records of local governments and building certifiers
   138.    Use of equipment on roads while unregistered
   139.    Interstate assistance at fire
   140.    Ownership of property
   141.    Surrender of equipment
   142.    Vacating premises
   142A.   Confidentiality
   143.    Protection of name
   144.    Charges for services
   145.    Service of documents
   146.    When unauthorised grass fire a crime
   146A.   False calls
   147.    Offences
   148.    Indictable and summary offences
   148A.   Proceedings for indictable offences
   148B.   Limitation on who may summarily hear indictable offence proceedings
   148C.   Proceeding for offences
   148D.   When proceeding may start
   148E.   Allegations of false or misleading information or document
   148F.   Forfeiture on conviction
   149.    Dealing with forfeited thing
   149A.   Court may order costs of rehabilitation etc. of protected area
   150.    Order for payment if guilty of false call
   151.    Offence by body corporate
   153.    Evidentiary
   153A.   References to fire safety officer
   153B.   Approval of forms
   154.    Regulation-making power

           Part 12--Savings and transitional provisions

           Division 1--Provisions for Act before commencement of Emergency Services Legislation Amendment Act 1998

   155.    Definitions
   157.    References to commissioner
   158.    Vesting of assets
   159.    Legal or disciplinary proceedings
   160.    Fire authority officers
   161.    Conditions of employment of transferred officers
   162.    Trusts
   163.    Duty to assist transfer of property
   164.    Superannuation scheme
   165.    Suspension
   166.    Appeals
   167.    Things taken to have been done etc. by chief commissioner
   168.    Things taken to have been done etc. by the authority
   170.    Previous fund

           Division 2--Provision for Emergency Services Legislation Amendment Act 1998

   171.    Board members go out of office

           Division 3--Provisions for Emergency Services Legislation Amendment Act 2001

   172.    Definitions for div 3
   173.    Authority dissolved
   174.    Superannuation entitlements
   175.    References to authority
   176.    Vesting of assets
   177.    Legal or disciplinary proceedings
   178.    Suspension
   179.    Fire service officers
   180.    Conditions of employment of transferred officers
   181.    Trusts
   182.    Duty to help transfer of property
   183.    Appeals
   184.    Things taken to have been done etc. by commissioner
   185.    Things taken to have been done etc. by chief executive
   186.    Other things taken to have been done etc. by chief executive
   187.    Other things taken to have been done etc. by the State
   188.    Closure of QFRA Fund

           Division 4--Provision for Disaster Management Act 2003

   189.    Existing council members to remain in office
           SCHEDULE 5 USES OF BUILDINGS
           SCHEDULE 6 DICTIONARY
           Endnotes