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FIRE SERVICE ACT 1979 - SECT 62 Powers of Commission during fire permit periods

FIRE SERVICE ACT 1979 - SECT 62

Powers of Commission during fire permit periods

(1)  Where a fire permit period has been declared pursuant to section 61 , the Commission may –
(a) take all necessary steps to abate the danger of fire, and for that purpose requisition the services of persons, animals, plant, machines, engines, articles, appliances, or materials for the purposes of fire-fighting operations; and
(b) prohibit the use, at any place in the State, or in the part or parts of the State specified in the notice declaring that period, of any specified plant, machine, engine, article, appliance, or material that it considers likely to cause a risk of fire.
(2)  The Commission may make such orders, give such notices and directions, and do all such other acts as appear to it to be necessary or desirable for the purpose of enabling it to exercise the powers conferred on it by subsection (1) .
(3)  An order, notice, or direction made or given by the Commission under subsection (2) –
(a) may be made or given so as to apply –
(i) to a specified person, or to the persons of a specified class, or to persons generally; or
(ii) to fires generally or to fires of a specified class; or
(iii) to specified premises, animals, plant, machines, engines, articles, appliances, or materials, or to premises, animals, plant, machines, engines, articles, appliances, or materials of a specified class;
(b) may be made or given so as to apply generally throughout the State or in specified parts of the State;
(c) may exempt –
(i) a person, or all or any persons included in a class of persons;
(ii) a particular class or kind of fire; or
(iii) premises, animals, plant, machines, engines, articles, appliances, or materials, of any class or kind –
from the operation of all or any of the provisions of the order, notice, or direction; and
(d) may contain such incidental or supplementary provisions as the Commission considers to be necessary or convenient for the purposes of the order, notice, or direction.
(4)  An order, notice, or direction made or given by the Commission under this section may be notified by publishing it in the Gazette or in a daily newspaper published in the State that circulates in that part of the State to which the order, notice, or direction relates, or by serving a copy of it on the person or persons to whom it relates.
(5)  A person who contravenes or fails to comply with an order, notice, or direction made or given by the Commission under this section is guilty of an offence against this Act.