Victorian Consolidated Legislation

Metropolitan Fire Brigades Act 1958 - SECT 71

Place where fire occurs

71. Place where fire occurs









(1) The Board or the Chief Officer may cause any place in the metropolitan
district where any fire occurred to be searched, and may remove and keep
possession of any materials which may tend to prove the cause or origin of the
fire.

(2) The Board or Chief Officer may act under subsection (1) in relation to a
fire on the Board's or the Officer's own initiative but shall not so act if a
Coroner is investigating the fire.

(3) Where the Board or Chief Officer causes a search to be made or takes
possession of anything under subsection (1) in relation to a fire, the Board
or Officer shall, if a Coroner subsequently investigates the fire-

   (a)  report to the Coroner any information found in the search concerning
        the cause or origin of the fire; and

   (b)  give to the Coroner anything of which the Board or Officer has taken
        possession under subsection (1).

(4) Anything given to the Coroner under subsection (3)(b) shall be deemed to
have come into the Coroner's possession under section 41 of the
Coroners Act 1985.

(5) If in the opinion of the Board or the Chief Officer there are suspicious
circumstances in relation to the cause or origin of any fire in the
metropolitan district, the Board or the Chief Officer-

   (a)  may restrict access to the place where the fire occurred until a
        Coroner with jurisdiction to investigate the fire under the
        Coroners Act 1985 orders otherwise or until an inquest into the fire
        is held under that Act, whichever first occurs;

   (b)  may cause to be erected at the entrance or boundary of the place a
        notice in the prescribed form of the restriction; and

   (c)  may request a coroner to investigate the fire.