Fire Service Amendment (Fire Infringement Notices) Act 2016
An Act to amend the Fire Service Act 1979
[Royal Assent 10 June 2016]
Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Fire Service Amendment (Fire Infringement Notices) Act 2016 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the Fire Service Act 1979 is referred to as the Principal Act. 4Part IVB insertedAfter section 60I of the Principal Act , the following Part is inserted: PART IVBFire Infringement Notices and Other Notices Division 1General 60JInterpretation (1) In this Part – caution fire infringement notice means a notice in accordance with section 60N ; fire infringement notice means an infringement notice issued and served in accordance with section 60P ; fire infringement offence means an offence referred to in subsection (2) ; Firesafe course means a course of training, education or information approved by the Chief Officer under section 60K(1) ; Firesafe course notice means a notice in accordance with section 60O ; issuing officer means – (a) the Chief Officer; or (b) the Commissioner of Police; or (c) a person authorised in writing by the Chief Officer, or the Commissioner of Police, to issue notices under this Part. (2) A fire infringement offence is an offence committed under one of the following provisions: (a) section 37 ; (b) section 48 ; (c) section 49 ; (d) section 51 ; (e) section 60F ; (f) section 63 ; (g) section 66 ; (h) section 68 ; (i) section 69 ; (j) section 71 ; (k) section 113 ; (l) section 120 ; (m) section 128 ; (n) a provision of the General Fire Regulations made under section 133 ; (o) a provision of this Act, or the regulations, that is prescribed as a fire infringement offence. 60KApproval of Firesafe courses (1) For the purposes of this Part, the Chief Officer may approve a course of training, education or information as a Firesafe course. (2) A Firesafe course is to involve such training or information, and be in such a form, as the Chief Officer considers necessary to educate a person about – (a) the person’s obligation to comply with this Act; and (b) how best to ensure the person’s compliance with this Act; and (c) the implications, and consequences, of failing to comply with this Act. 60LOrders to attend Firesafe course If a person is convicted or found guilty of a fire infringement offence, the court determining the proceedings for the offence may, in addition to imposing a penalty for the offence, make an order requiring the person to complete a Firesafe course as specified in the order. Division 2Notices 60MIssuing officer may serve certain notices in respect of fire infringement offences (1) If an issuing officer is satisfied, on reasonable grounds, that a person has committed a fire infringement offence, the issuing officer may – (a) serve on the person a caution fire infringement notice in respect of the offence; or (b) do either or both of the following: (i) serve on the person a Firesafe course notice in respect of the offence; (ii) issue a fire infringement notice in respect of the offence and cause the fire infringement notice to be served on the person. (2) A person may not be prosecuted for a fire infringement offence if – (a) the person was served with a caution fire infringement notice in respect of the offence and that caution fire infringement notice has not been withdrawn in accordance with section 60N(2) ; or (b) the person – (i) has been served with a Firesafe course notice in respect of the offence; and (ii) has not been issued and served with a fire infringement notice in respect of the offence – and the person has completed the Firesafe course as required. 60NCaution fire infringement notices (1) A caution fire infringement notice is to – (a) specify the fire infringement offence or offences in respect of which it is served; and (b) specify the penalty applicable for each fire infringement offence specified in the notice; and (c) include a statement that the caution fire infringement notice does not require the person served with the notice to pay any sum of money. (2) An issuing officer may withdraw a caution fire infringement notice at any time by written notice to the person who has been served with the notice. 60OFiresafe course notices (1) A Firesafe course notice is to specify – (a) that the person served with the notice is required to complete a Firesafe course; and (b) if the issuing officer requires that person to complete a specific Firesafe course, the Firesafe course that the person is required to complete; and (c) the period within which that person must complete the Firesafe course; and (d) that the person served with the notice may request, in writing, an extension of the period specified in paragraph (c) from the issuing officer. (2) An issuing officer may, if requested to do so or on his or her own initiative, do any one or more of the following: (a) withdraw a Firesafe course notice; (b) amend a Firesafe course notice to do either or both of the following: (i) extend the period referred to in subsection (1)(c) ; (ii) remove, impose or alter the requirement for the person to complete a specific Firesafe course. (3) If an issuing officer withdraws or amends a Firesafe course notice under subsection (2) , the issuing officer is to notify the person served with the notice, in writing, of the withdrawal or amendment. 60PFire infringement notices (1) A fire infringement notice is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005 . (2) The regulations – (a) may prescribe, for fire infringement offences, the penalties payable under fire infringement notices; and (b) may prescribe different penalties for bodies corporate and individuals. 5Section 116 amended (Service of notices) Section 116 of the Principal Act is amended by omitting subsection (1) . 6Section 124A insertedAfter section 124 of the Principal Act , the following section is inserted in Part VII: 124APower of police officer to demand name and address (1) A police officer may demand the name and address of any person whom he or she has reason to suspect of having committed an offence against any of the provisions of this Act. (2) A person who refuses to give his or her name or address, or who gives a name and address that is intended to mislead the police officer making the demand, is guilty of an offence against this Act. 7Section 125 amended (Power of police officer to arrest without warrant in certain cases) Section 125(2) of the Principal Act is amended as follows: (a) by inserting the following paragraphs after paragraph (d) : (da) section 124 ; (db) section 124A ; and (b) by omitting from paragraph (d) "and". 8Repeal of ActThis Act is repealed on the three hundred and sixty fifth day from the day on which it commences. [Second reading presentation speech made in:
Legislative Council on 5 APRIL 2016]
House of Assembly on 24 MAY 2016