Fire Services Act 1990 (Qld)

Fire Services Act 1990

An Act to establish Queensland Fire and Rescue and Rural Fire Service Queensland, to establish a fund for particular purposes, to provide for the prevention of and response to fires and emergency

Chapter 1    Preliminary

1   Short title

This Act may be cited as the Fire Services Act 1990.

2   Objects of Act

The objects of this Act are—

(a)to provide for the prevention of, and responses to, fires and other emergency incidents; and

(b)to provide for rescue services and operations; and

(c)to establish a framework for the operation, management and administration of Queensland Fire and Rescue and Rural Fire Service Queensland.

2A   How objects are to be achieved

The objects of the Act are to be achieved by establishing processes to ensure—

(a)ongoing operational and strategic collaboration and coordination between Queensland Fire and Rescue and Rural Fire Service Queensland; and

(b)recognition of the valuable role of volunteers in supporting the delivery of fire and emergency services in the State.

3   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

4   Act binds all persons

(1)This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.

Chapter 2    Appointments

Part 1    Commissioner

5   Appointment of commissioner

(1)The Governor in Council, acting on the recommendation of the Minister, shall appoint a commissioner.

(2)A person is eligible for appointment as commissioner only if the person has—

(a)professional firefighting experience; and

(b)incident control expertise; and

(c)fire prevention expertise.

(3)The commissioner is to be appointed under this Act, and not under the Public Sector Act 2022.

6   Salary and conditions

The Governor in Council shall from time to time approve the salary, allowances, and conditions of employment of a person holding office as commissioner.

7   Acting commissioner

(1)The Minister may appoint a person, who is eligible for appointment as commissioner, to act in the office of commissioner during—

(a)any vacancy, or all vacancies, in the office; or

(b)any period, or all periods, when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office.

(2)The Minister’s power to appoint a person to act in the office of commissioner does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954, section 25(1)(b)(iv) and (v).

7A   Functions of commissioner

(1)The main functions of the commissioner are—

(a)to manage the fire services in a way that ensures each fire service performs its functions under this Act effectively and efficiently; and

(b)to make recommendations to the Minister about any matter that—

(i)relates to the performance of functions or exercise of powers by the commissioner or the fire services; or

(ii)may help the Minister in the proper administration of this Act.

(2)Without limiting subsection (1), the commissioner also has the following functions—

(a)to decide the appropriate organisational structure of the fire services;

(b)to control and oversee the resources of the fire services;

(c)to decide the number and deployment of fire service officers and rural fire brigade members;

(d)to decide the qualifications for, and duties of, fire service officers;

(e)to be responsible for organising training and development of fire service officers and rural fire brigade members;

(f)to facilitate collaboration and coordination of the fire services for effective service delivery;

(g)to decide the dress or appearance of fire service officers and rural fire brigade members;

(h)to decide the number and location of the fire services’ facilities;

(i)to monitor the performance and management of the fire services;

(j)to report regularly to the Minister on the capability of the fire services to perform the functions of the fire services under this Act;

(k)to report to the Minister on the functions performed by the chief fire officer in each reporting period under section 7J.

(3)The commissioner’s functions also include any other function given to the commissioner under this Act or another Act.

7AA   Commissioner’s directions

(1)The commissioner may give a direction if the commissioner considers it necessary or convenient to give the direction to ensure the efficient and proper functioning of the fire services.

(2)A direction under subsection (1)—

(a)may be written or oral; and

(b)may apply to all or any of the following persons—

(i)the chief fire officer;

(ii)fire service officers;

(iii)rural fire brigade members.

7B   Codes of practice

(1)The commissioner may from time to time issue codes of practice relating to—

(a)the functions, powers, conduct and appearance of fire service officers; or

(b)any functions imposed or powers conferred by or under this Act on any other person other than the Minister.

(2)The commissioner may at any time amend or revoke a code of practice.

(3)A provision of a code of practice is of no effect if inconsistent with a provision of this Act.

(4)Provisions of a code of practice may differ according to differences in time, place or circumstance or according to the fire service officers or classes of fire service officers to whom they are expressed to apply.

(5)Evidence of any provision of a code of practice may be given by the production of a document purporting to be certified by the commissioner as being a true copy of the provision.

Part 2    Chief fire officer

Division 1 Appointment of chief fire officer

7C   Appointment

(1)The commissioner is to appoint a chief fire officer.

(2)A person is eligible for appointment as chief fire officer only if the person has—

(a)professional firefighting experience; and

(b)incident control expertise; and

(c)fire prevention expertise.

(3)The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the chief fire officer.

(4)The chief fire officer is to be employed under this Act and not the Public Sector Act 2022.

7D   Conditions of appointment

The chief fire officer holds office for the term and on the conditions stated in the person’s contract of employment.

7E   Resignation

The chief fire officer may, at any time, resign office as chief fire officer by signed notice given to the commissioner.

7F   Acting chief fire officer

The commissioner may appoint a person, who is eligible for appointment as chief fire officer, to act in the office of chief fire officer during—

(a)any vacancy, or all vacancies, in the office; or

(b)any period, or all periods, when the chief fire officer is absent from duty, or can not, for another reason, perform the functions of the office.

7G   Functions

(1)The functions of the chief fire officer are—

(a)to provide advice to the commissioner about the fire services, including matters relating to service delivery, operational culture, best practice and innovation and research; and

(b)to perform other functions given to the chief fire officer under this or another Act.

(2)The chief fire officer is subject to the direction of the commissioner in performing the chief fire officer’s functions under this Act.

7H   Preservation of rights

(1)This section applies if a public service officer is appointed as the chief fire officer.

(2)The person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief fire officer were a continuation of service as a public service officer.

(3)At the end of the person’s term of office or resignation as the chief fire officer, the person’s service as the chief fire officer is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.

Division 2 General matters

7I   Providing assistance to chief fire officer

(1)The fire services must give the chief fire officer all reasonable assistance the chief fire officer requires to perform the chief fire officer’s functions.

(2)Without limiting subsection (1), if the chief fire officer asks for information held by a fire service that relates to the chief fire officer’s functions, the fire service must give the information.

7J   Reporting requirements

(1)Within 30 days after the end of each reporting period, the chief fire officer must prepare a report on the functions performed by the chief fire officer during the reporting period and give the report to the commissioner.

(2)In this section—

reporting period means—

(a)the period prescribed by regulation for this definition; or

(b)if no period is prescribed—each quarter in a financial year.

Part 3    Deputy commissioner

7K   Appointment

(1)The commissioner is to appoint a deputy commissioner.

(2)A person is eligible for appointment as deputy commissioner if the person has—

(a)professional firefighting experience; and

(b)incident control expertise; and

(c)fire prevention expertise.

(3)The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the deputy commissioner.

(4)The deputy commissioner is to be employed under this Act and not the Public Sector Act 2022.

7L   Conditions of appointment

The deputy commissioner holds office for the term and on the conditions stated in the person’s contract of employment.

7M   Resignation

The deputy commissioner may, at any time, resign office as deputy commissioner by signed notice given to the commissioner.

7N   Acting deputy commissioner

The commissioner may appoint a person, who is eligible for appointment as deputy commissioner, to act in the office of deputy commissioner during—

(a)any vacancy, or all vacancies, in the office; or

(b)any period, or all periods, when the deputy commissioner is absent from duty, or can not, for another reason, perform the functions of the office.

7O   Functions

(1)The functions of the deputy commissioner are—

(a)to support the commissioner in the performance of the commissioner’s functions; and

(b)to manage the service delivery of QFR to ensure the effectiveness and efficiency of QFR; and

(c)to ensure the development of the capability of QFR, including the systems, frameworks and resources required to support the delivery of services; and

(d)to ensure minimum standards and training for fire service officers assigned to QFR are in place to the satisfaction of the commissioner; and

(e)to perform any other function given to the deputy commissioner by the commissioner.

(2)The deputy commissioner is subject to the direction of the commissioner in performing the deputy commissioner’s functions under this Act.

7P   Preservation of rights

(1)This section applies if a public service officer is appointed as the deputy commissioner.

(2)The person keeps all rights accrued or accruing to the person as a public service officer as if service as the deputy commissioner were a continuation of service as a public service officer.

(3)At the end of the person’s term of office or resignation as the deputy commissioner, the person’s service as the deputy commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.

Part 4    Chief officer

7Q   Appointment

(1)The commissioner is to appoint a chief officer.

(2)A person is eligible for appointment as chief officer only if the person has—

(a)rural firefighting experience; or

(b)rural incident control expertise; or

(c)rural fire prevention expertise.

(3)The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the chief officer.

(4)The chief officer is to be employed under this Act and not the Public Sector Act 2022.

7R   Conditions of appointment

The chief officer holds office for the term and on the conditions stated in the person’s contract of employment.

7S   Resignation

The chief officer may, at any time, resign office as chief officer by signed notice given to the commissioner.

7T   Acting chief officer

The commissioner may appoint a person, who is eligible for appointment as chief officer, to act in the office of chief officer during—

(a)any vacancy, or all vacancies, in the office; or

(b)any period, or all periods, when the chief officer is absent from duty, or can not, for another reason, perform the functions of the office.

7U   Functions

(1)The functions of the chief officer are—

(a)to support the commissioner in the performance of the commissioner’s functions; and

(b)to manage the service delivery of RFSQ, including fire service officers assigned to RFSQ, to ensure the effectiveness and efficiency of RFSQ; and

(c)to ensure the development of the capability of RFSQ, including the systems, frameworks and resources required to support the delivery of services; and

(d)to ensure minimum standards and training for fire service officers assigned to RFSQ, and for rural fire brigade members, are in place to the satisfaction of the commissioner; and

(e)to perform any other function given to the chief officer by the commissioner.

(2)The chief officer is subject to the direction of the commissioner in performing the chief officer’s functions under this Act.

7V   Preservation of rights

(1)This section applies if a public service officer is appointed as the chief officer.

(2)The person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief officer were a continuation of service as a public service officer.

(3)At the end of the person’s term of office or resignation as the chief officer, the person’s service as the chief officer is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.

Chapter 3    Fire services

Part 1    Establishment, membership, functions and powers

8   Establishment

(1)Queensland Fire and Rescue (QFR) is established.

(2)Rural Fire Service Queensland (RFSQ) is established.

(3)Each of QFR and RFSQ is a fire service.

(4)QFR and RFSQ are collectively called the fire services.

8A   Membership

(1)QFR consists of the following persons—

(a)the commissioner;

(b)the deputy commissioner;

(c)fire service officers assigned to QFR by the commissioner.

(2)RFSQ consists of the following entities—

(a)the commissioner;

(b)the chief officer;

(c)fire service officers assigned to RFSQ by the commissioner;

(d)rural fire brigades;

(e)rural fire brigade members.

8B   Functions and powers

(1)The functions of the fire services are—

(a)to protect persons, property and the environment from fire and hazardous materials emergencies; and

(b)to protect persons trapped in a vehicle or building or otherwise endangered, to the extent that the fire services’ personnel and equipment can reasonably be deployed or used for the purpose; and

(c)to provide an advisory service, and undertake other measures, to promote—

(i)fire prevention and fire control; and

(ii)safety and other procedures if a fire or hazardous materials emergency happens; and

(d)to cooperate with any entity that provides an emergency service; and

(e)to perform other functions given to the fire services under this Act or another Act; and

(f)to perform functions incidental to the other functions of each of the fire services; and

(g)to identify and market products and services incidental to its functions.

(2)The fire services have the power to do anything necessary or convenient to be done for the performance of the functions of the fire services.

Note—

See also chapter 4 for additional functions of RFSQ.

8C   [Repealed]

8D   [Repealed]

8E   [Repealed]

8F   [Repealed]

8G   [Repealed]

8H   [Repealed]

8I   [Repealed]

8J   [Repealed]

8K   [Repealed]

8L   [Repealed]

8M   [Repealed]

8N   [Repealed]

8O   [Repealed]

8P   [Repealed]

12   [Repealed]

13   [Repealed]

14   [Repealed]

15   [Repealed]

16   [Repealed]

17   [Repealed]

19   [Repealed]

19A   [Repealed]

19B   [Repealed]

19C   [Repealed]

Part 3    [Repealed]

21   [Repealed]

22   [Repealed]

23   [Repealed]

24   [Repealed]

Part 4    Provisions affecting personnel

Division 1 Appointments and conditions

25   Staff

(1)The commissioner may employ the persons the commissioner considers necessary to perform the fire services’ functions.

(2)Without limiting subsection (1), the commissioner may employ the number of executive officers or senior officers as is necessary for the effective administration of the Act and the performance of the fire services’ functions.

(3)However, the commissioner may employ a person as an executive officer, or a senior officer, in QFR under this section only if the commissioner is satisfied the person has—

(a)professional firefighting experience; and

(b)incident control expertise; and

(c)fire prevention expertise.

(3A)Subsection (3) does not apply to the employment of a person as a scientific officer in QFR.

(4)Also, the commissioner may employ a person as an executive officer in RFSQ under this section only if the commissioner is satisfied the person has—

(a)rural firefighting experience; or

(b)rural incident control expertise; or

(c)rural fire prevention expertise.

(5)In this section—

executive officer means a person employed in a role equivalent to that of a senior executive under the Public Sector Act 2022, section 188.

scientific officer means an officer who—

(a)holds a tertiary qualification in applied science, chemical engineering, chemistry or science that is directly relevant to the performance of the functions of the office; and

(b)does not perform firefighting or incident control functions or duties.

senior officer means a person employed in a role equivalent to that of a senior officer under the Public Sector Act 2022, schedule 2.

25A   Fire service officers employed under this Act

Fire service officers are to be employed under this Act, and not under the Public Sector Act 2022.

25B   Employment on merit

(1)In considering an applicant’s ability to perform the requirements of a position for the purpose of the Public Sector Act 2022, section 45(2)(a), the person undertaking the recruitment and selection process must consider whether the applicant has the mandatory qualifications, skills or experience the commissioner considers necessary for the position (the requisite conditions).

(2)In deciding the applicant best suited to the position under the Public Sector Act 2022, section 45(2), the person must consider the primacy of the requisite conditions over any other matter that may be considered under section 45(2)(b) of that Act.

25C   [Repealed]

26   Conditions of employment

(1)Subject to any applicable industrial instrument, persons employed under section 25 shall be paid salary, wages and allowances at such rates and shall be employed under such conditions of employment as the commissioner determines.

(2)However, if a person mentioned in subsection (1) is employed on contract for a fixed term, the conditions of the person’s employment are not subject to any industrial instrument.

(3)Also, if a directive made under the Public Sector Act 2022 applies to a person employed under section 25 and the directive is inconsistent with the determination of the commissioner under subsection (1), the directive applies to the extent of the inconsistency.

27   [Repealed]

Division 2 Termination of office

28   Retirement

A fire service officer—

(a)must retire from employment with the fire services upon attaining the age of 65 years;

(b)may elect to retire from employment with the fire services upon or at any time after attaining the age of 55 years.

29   [Repealed]

29A   Surrender of equipment

(1)A person, upon ceasing to be a fire service officer, must surrender to the commissioner—

(a)any form of identification; and

(b)anything issued to the person for official use;

unless otherwise ordered by the commissioner.

(2)A justice, acting upon the complaint of the commissioner, may issue a warrant authorising any person named in, or belonging to a class of person specified in, the warrant to search for and seize anything not surrendered in accordance with subsection (1).

(3)A person authorised to execute a warrant may, for that purpose—

(a)enter any premises in which the person believes the thing sought may be located; and

(b)break open anything the person believes may contain the thing sought.

29B   Vacating premises

(1)A person, upon ceasing to be a fire service officer, must immediately vacate any premises the property of the State or to the possession of which the State is entitled, unless the commissioner otherwise orders.

(2)If the premises are not vacated immediately or, as the case may be, within any period ordered by the commissioner, the commissioner may give the person a notice to quit.

(3)If the premises are not vacated within 14 days after the notice to quit is given, a magistrate, acting upon the complaint of the commissioner, may issue a warrant authorising a police officer to enter the premises and remove all persons and property not authorised by the commissioner to be on the premises and to deliver possession of the premises to the State.

Division 3 [Repealed]

Subdivision 1A [Repealed]

29C   [Repealed]

29D   [Repealed]

Subdivision 1 [Repealed]

30   [Repealed]

30A   [Repealed]

Subdivision 2 [Repealed]

30B   [Repealed]

30C   [Repealed]

30D   [Repealed]

30E   [Repealed]

30F   [Repealed]

Subdivision 3 [Repealed]

30G   [Repealed]

30H   [Repealed]

Subdivision 4 [Repealed]

30I   [Repealed]

30J   [Repealed]

30K   [Repealed]

Subdivision 5 [Repealed]

31   [Repealed]

32   [Repealed]

33   [Repealed]

Part 4A    [Repealed]

34   [Repealed]

35   [Repealed]

36   [Repealed]

37   [Repealed]

38   [Repealed]

39   [Repealed]

40   [Repealed]

41   [Repealed]

42   [Repealed]

43   [Repealed]

44   [Repealed]

45   [Repealed]

46   [Repealed]

PART 5    [Repealed]

47   [Repealed]

48   [Repealed]

49   [Repealed]

50   [Repealed]

51   [Repealed]

52A   [Repealed]

52B   [Repealed]

52C   [Repealed]

52D   [Repealed]

52E   [Repealed]

52F   [Repealed]

58   [Repealed]

85   [Repealed]

94   [Repealed]

104FF    [Repealed]

104SA   [Repealed]

104SC   [Repealed]

104SD   [Repealed]

104SE   [Repealed]

Part 7    [Repealed]

Part 10    [Repealed]

Chapter 4    Rural Fire Service Queensland

Part 1    Functions

129   Additional functions of RFSQ

RFSQ has the following functions, in addition to the functions for RFSQ mentioned in section 8B—

(a)to carry out activities for the prevention of, preparedness for, response to, and recovery from, bushfires;

(b)to control and prevent bushfires;

(c)to investigate bushfires;

(d)to manage chief fire wardens and fire wardens;

(e)to manage the administration of the granting of notifications, notices and permits under this Act for the lighting of fires;

(f)to manage rural fire brigades;

(g)to support other entities providing emergency services to help communities respond to and recover from disasters;

(h)to support communities to improve resilience to bushfires;

(i)to perform other functions given to RFSQ by the commissioner.

Part 2    RFSQ advisory committee

130   Establishment and membership of RFSQ advisory committee

(1)The RFSQ advisory committee is established.

(2)The Minister must appoint the members of the RFSQ advisory committee in consultation with the chief officer.

(3)The RFSQ advisory committee has the function of advising the chief officer on matters relating to the performance of the functions of RFSQ, including the administration and management of rural fire brigades.

(4)A member of the RFSQ advisory committee holds the member’s appointment on the conditions decided by the Minister.

(5)To remove any doubt, it is declared that the RFSQ advisory committee is not a decision-making body.

Part 3    Fire wardens

131   Chief fire wardens and fire wardens

(1)Such number of chief fire wardens and fire wardens may be appointed as the commissioner thinks necessary or expedient for the purposes of this Act.

(2)The commissioner may appoint a person to be a chief fire warden or fire warden (each a relevant fire warden), or recommend to the Governor in Council the appointment of a person as a relevant fire warden under subsection (4), only if the commissioner is satisfied the person is appropriately qualified to perform the functions and exercise the powers of a relevant fire warden.

(3)Subject to subsection (4)—

(a)a relevant fire warden holds office for the term and on the conditions stated in the relevant fire warden’s instrument of appointment; and

(b)without limiting paragraph (a), the instrument of appointment must state the geographical area in which the relevant fire warden can perform the relevant fire warden’s functions or exercise the relevant fire warden’s powers.

(4)Where the appointee is a public service officer or a police officer, the appointment must be made by the Governor in Council by notification published in the gazette—

(a)specifying the name of the appointee; or

(b)specifying that the appointment is made to the holder of a specified office in which case each person who, for any period, holds or performs the duties of that office is, for that period, a chief fire warden or, as the case may be, a fire warden.

(5)A person may hold an office under this section in conjunction with any office held with the fire services, the public service or the police service.

(6)The commissioner may, by giving a notice to an appointee, cancel the appointment, whether the appointment was made by the commissioner or the Governor in Council.

(7)The Governor in Council may, by notification published in the gazette, amend or rescind any notification made under subsection (4)(b).

132   Powers and functions

(1)The powers of a chief fire warden or fire warden are the same as those of an authorised fire officer subject to any limitation imposed by the commissioner.

(2)Without limiting section 7AA, the commissioner may direct a chief fire warden or fire warden—

(a)in the performance of the chief fire warden’s or fire warden’s functions; and

(b)to perform functions in addition to those conferred by this Act.

(3)In exercising a power or discharging a function a chief fire warden or fire warden must comply with any code of practice and with any direction of the commissioner.

133   Resignation

A chief fire warden or fire warden may, at any time, resign office as chief fire warden or fire warden by signed notice given to the commissioner.

134   Appeals from decisions of fire wardens

(1)Where pursuant to a delegation of the commissioner’s powers a chief fire warden or a fire warden is empowered to issue notices under section 145B or 145G or to determine applications for permits under section 145C, any person aggrieved by a decision made by the chief fire warden or fire warden in the exercise of the power may appeal against the decision by notice in writing given to the commissioner.

(2)The commissioner may allow or dismiss an appeal and may, where an appeal is allowed, make any order that appears just.

Part 4    Rural fire brigades

135   Registration of rural fire brigade

(1)Any group of persons may apply to the commissioner to register an entity as a rural fire brigade.

(2)The commissioner may grant or refuse an application and, in the case of the granting of an application, must assign a registration number to the rural fire brigade.

Note—

If an application for registration of an entity as a rural fire brigade is granted, each person in the group who applied for registration is not necessarily a member of the rural fire brigade.

(3)The commissioner may at any time cancel the registration of a rural fire brigade.

136   Appointment of rural fire brigade members

(1)The commissioner may appoint a person as a member of a rural fire brigade.

(2)A rural fire brigade member—

(a)is appointed on the terms stated in the instrument of appointment; and

(b)may resign the appointment by signed notice given to the commissioner.

137   Rules for rural fire brigades

(1)The commissioner may make model rules for the proper management and operation of rural fire brigades.

(2)A rural fire brigade may, with the written approval of the commissioner, make a rule that is additional to the model rules.

(3)An additional rule under subsection (2) must not be inconsistent with this Act or the model rules.

(4)A rural fire brigade’s rules are the model rules and any additional rules approved by the commissioner.

(5)A rural fire brigade and the members of the rural fire brigade must comply with the rural fire brigade’s rules.

138   Officers and office bearers of rural fire brigade

(1)A rural fire brigade must elect a first officer to be in charge of the brigade.

(2)A rural fire brigade may also elect such other officers as it considers necessary.

(3)A rural fire brigade may elect any member of the brigade to be the chairperson, secretary or treasurer of the brigade (each an office bearer).

(4)Any election must be conducted in accordance with the commissioner’s directions and has no effect unless approved by the commissioner.

(5)A person holds office, or is an office bearer, for the period specified by the commissioner.

(6)The commissioner may do either or both of the following in relation to a person—

(a)dismiss the person from an office held with, or as an office bearer of, a rural fire brigade;

(b)disqualify the person from holding any office with, or being an office bearer of, a rural fire brigade.

139   Functions of a rural fire brigade

(1)The functions of a rural fire brigade are—

(a)to carry out fire fighting and fire prevention; and

(b)to use fire for land management; and

(c)to carry out other activities to help communities or other entities prepare for, respond to, and enhance resilience to, an event or a disaster; and

(d)to carry out activities to raise the profile of RFSQ, promote bushfire safety or raise funds to support rural fire brigades in the performance of the brigades’ other functions; and

(e)to provide services or assistance if required by any Act or the reasonable expectations of the community; and

(f)to perform any other function given to the brigade by the commissioner.

(2)The commissioner must notify a rural fire brigade of the area for which and the circumstances in which the brigade is in charge of fire fighting and fire prevention.

(3)In this section—

fire prevention includes taking measures in readiness for fire so as to reduce potential danger to persons, property or the environment.

139A    Helping communities or other entities

(1)For performing a function under section 139(1)(c), a rural fire brigade may carry out activities to help a community or another entity in relation to an event or a disaster—

(a)at the direction of the commissioner; or

(b)in response to a request for help by the community or other entity; or

(c)on its own initiative.

Examples of activities—

•blocking a road to isolate an area in the vicinity of a fallen powerline

•directing traffic away from a flooded creek

•using a chainsaw to remove a fallen tree on a property that is causing a hazard

(2)If the rural fire brigade carries out activities in response to a request for help by the community or other entity or on its own initiative, the first officer of the brigade must notify the commissioner at the first opportunity of any activities carried out, or to be carried out, by the brigade in relation to the event or disaster.

(3)In this section—

first officer see section 140(4).

140   Powers of first officer

(1)Where, pursuant to notification given under section 139(2), a rural fire brigade is in charge of operations for controlling and extinguishing a fire, the first officer of the brigade has, for that purpose—

(a)the powers of an authorised fire officer, subject to any limitation imposed by the commissioner; and

(b)the control and direction of any person (including any fire officer) whose services are available at the fire.

(2)Any power exercisable by the first officer of a rural fire brigade may be exercised by any person acting at the direction of the first officer.

(3)Any person exercising a power or discharging a function under this section must comply with any code of practice and with any direction of the commissioner.

(4)In this section—

first officer includes, where the first officer of a rural fire brigade is unavailable to act, the next senior officer of the brigade who is available.

(5)Where a rural fire brigade is assisting in operations for controlling or extinguishing a fire, the person who pursuant to this Act or any direction given by the commissioner is in charge of those operations has the control and direction of the members of the rural fire brigade.

141   Appointment of person in charge of operations

(1)The commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, if the commissioner considers it appropriate and necessary in the circumstances.

(2)However, the commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire under subsection (1) in an area for which a rural fire brigade is in charge of fire fighting and fire prevention under section 139(2) only if there is no first officer for the rural fire brigade, within the meaning of section 140(4), who is available for controlling or extinguishing the fire.

(3)The appointment under subsection (1) may be—

(a)written or oral; and

(b)for the duration of an event or for a stated or indefinite period.

(4)The appointment of a person as the person in charge of operations ends—

(a)for an appointment for the duration of an event—at the end of the event; or

(b)for an appointment for a stated period—at the end of the stated period; or

(c)for an appointment for an indefinite period—when the commissioner gives the person notice that the appointment has ended.

(5)Despite subsection (4), the appointment of a person as the person in charge of operations ends if the commissioner gives the person notice that the appointment has ended.

(6)The person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, has the powers of the first officer of a rural fire brigade under section 140(1)(a) and (b).

(7)Section 140(2) applies to the person in charge of operations as if a reference in the subsection to the first officer of a rural fire brigade were a reference to the person in charge of operations.

(8)Any person performing a function or exercising a power under this section must comply with—

(a)any relevant code of practice; and

(b)any direction given by the commissioner.

142   Equipment for rural fire brigade

(1)The commissioner may provide any rural fire brigade with equipment for carrying out its responsibilities or may, for that purpose, subsidise the purchase of equipment by a rural fire brigade.

(2)All equipment provided by, or the purchase of which is subsidised by, the commissioner is and remains the property of the State and may at any time be repossessed by the commissioner.

(3)A justice, acting upon the complaint of the commissioner, may issue a warrant authorising any person named in it or belonging to a class of person specified in it to search for and seize any equipment that pursuant to subsection (2) is the property of the State.

(4)A person authorised to execute a warrant may, for that purpose—

(a)enter any premises in which the person believes the equipment may be located;

(b)break open anything the person believes may contain the equipment.

(5)In this section—

equipment, without limiting the meaning of the term, includes plant and any liquid or gaseous substance.

142A   [Repealed]

143   Powers of officers of other States to fight fires in Queensland

(1)In this section—

officer of another State means an officer of any body or organisation that, pursuant to any law of another State, is responsible for extinguishing fires in rural areas in that State.

State means the State of New South Wales or the State of South Australia or the Northern Territory.

(2)Where an officer of another State determines in good faith—

(a)that a fire burning in Queensland may continue burning into the other State; or

(b)that a fire burning in the other State may continue burning into Queensland;

the officer may take measures in Queensland for extinguishing or controlling the fire.

(3)If an officer of another State, in Queensland for the purpose of taking measures authorised by subsection (2) to be taken, is the senior officer present of the relevant body or organisation, the officer may exercise, subject to subsection (4), any of the powers of a first officer of a rural fire brigade.

(4)Where, pursuant to this Act or any direction given by the commissioner, any person has control of operations at a fire in Queensland at which an officer of another State is present, that officer must obey any direction given by the person having control of operations.

Chapter 4A    Fire safety, emergencies and dangerous goods

Part 1    Control and prevention of fires

144   Interpretation and application of part

(1)For the purposes of this part a person is taken to light a fire if the person—

(a)lights, maintains or uses the fire; or

(b)aids, procures or counsels another to light, maintain or use the fire; or

(c)being the owner or occupier of the land on which the fire is lit—permits another to light, maintain or use the fire.

(2)This part does not apply in respect of the lighting of a fire inside any building in circumstances that prevent the escape from the building of fire or any material or substance that is likely to cause fire.

(3)In this part—

licence area see the Forestry Act 1959, schedule 3.

occupier of land includes, if there is no person in actual occupation of the land—

(a)the person charged by the owner or by law with the management of the land; and

(b)if the land is a licence area—

(i)if there is a plantation sublicensee for the licence area—the plantation sublicensee; or

(ii)otherwise—the plantation licensee.

plantation licensee see the Forestry Act 1959, schedule 3.

plantation officer see the Forestry Act 1959, schedule 3.

plantation operator see the Forestry Act 1959, schedule 3.

plantation sublicensee see the Forestry Act 1959, schedule 3.

145   Offence to light unauthorised fire

A person who lights a fire that is not authorised by this part or by any notification, notice or permit given under this part commits an offence against this Act.

Maximum penalty—50 penalty units or 6 months imprisonment.

145A   Authorisation of fires by commissioner

The commissioner may, by notification published in the gazette, authorise the lighting of fires for purposes and in circumstances specified in the notification.

145B   Prohibition by commissioner against lighting of fires

(1)Notwithstanding any notification under section 145A authorising the lighting of fires the commissioner may, by giving a notice to the occupier of land, prohibit the lighting on the land of all fires or all fires other than those lit for a purpose or in circumstances specified in the notice.

(2)An occupier of land may ask the commissioner to give a notice under subsection (1) to an occupier of adjoining land.

(3)The request must be made in the way, and include the information, prescribed by regulation.

(4)The commissioner must consider the request unless the commissioner believes the request is frivolous or vexatious.

(5)In this section—

occupier of adjoining land means the occupier of land that—

(a)touches some part of the land in question; or

(b)would touch some part of that land but for the existence of a watercourse, road or firebreak, that is 10m or less in width or, although wider than 10m, is not clear of vegetation or other flammable material for at least 10m in every direction.

145C   Granting of permits

(1)A person may apply to the commissioner for a permit to light a fire on any land.

(2)The application—

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

(b)must include the information prescribed by regulation.

(3)The commissioner may grant or refuse to grant an application.

(4)Subject to subsection (5), the commissioner must refuse to grant a permit to light a fire on any land unless satisfied that—

(a)reasonable steps have been taken to notify each occupier of adjoining land of the making of the application; and

(b)each occupier of adjoining land notified under paragraph (a) has been given a reasonable opportunity to object, orally or in writing, to the granting of the permit.

(5)The commissioner may grant a permit without complying with subsection (4) if satisfied that extraordinary circumstances exist for so doing.

(6)In this section—

occupier of adjoining land see section 145B(5).

145D   Fires in State forests etc.

(1)The provisions of this part do not apply to the lighting of a fire—

(a)in a protected area by a person acting in the performance of duties under the Nature Conservation Act 1992; or

(b)in a State forest, timber reserve or forest entitlement area by a person acting in the performance of duties under the Forestry Act 1959.

(2)The commissioner must not authorise the lighting of fires—

(a)in a protected area without the approval of the chief executive of the department that deals with matters arising under the Nature Conservation Act 1992; or

(b)in a State forest (other than a licence area), timber reserve or forest entitlement area without the approval of the chief executive of the department that deals with matters arising under the Forestry Act 1959.

(3)For subsection (1)(b), a person acting in the performance of duties under the Forestry Act 1959 does not include—

(a)a plantation operator; or

(b)a plantation officer.

145E   Occupier to extinguish fire

Where a fire is burning on any land and the lighting of the fire is not authorised by or under this or any other Act, the occupier of the land, immediately upon becoming aware of the fire (regardless of who lit it)—

(a)must take all reasonable steps to extinguish or control the fire; and

(b)must, as soon as is practicable, report the existence and location of the fire to a fire officer, an officer of a rural fire brigade, a member of an emergency service unit, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959), a conservation officer within the meaning of the Nature Conservation Act 1992 or a police officer.

Maximum penalty—50 penalty units or 6 months imprisonment.

145F   Powers of occupier of entry etc.

(1)Subject to subsections (2) and (3), an occupier of land, who believes on reasonable grounds that a grass fire (that is, a fire that predominantly consumes vegetation) burning within 1.6km of that land constitutes a fire risk to that land may, together with persons acting at the direction of the occupier—

(a)enter the land on which the fire is burning and any other land in order to gain access to the land on which the fire is burning; and

(b)take on to that land equipment for extinguishing or controlling the fire; and

(c)take all reasonable measures to extinguish or control the fire.

(2)An occupier of land must not do or direct the doing of any act referred to in subsection (1) if prior notice (oral or written) of the intention to light the fire has been given to the occupier by the person lighting it or by a prescribed person unless the occupier believes on reasonable grounds that the fire has been unlawfully lit or is out of control.

(3)If it is practicable to contact a prescribed person, an occupier of land—

(a)must not do or direct the doing of any act referred to in subsection (1) unless the prescribed person has been notified of the situation; and

(b)must comply with any direction given by the prescribed person in respect of the doing of any act.

(4)If the occupier of land, or an employee, agent or contractor of the occupier of land, is also a prescribed person, the references to a prescribed person in subsections (2) and (3) do not include the occupier of land, or an employee, agent or contractor of the occupier of land.

(5)In this section—

prescribed person means a fire officer, an officer of a rural fire brigade, a fire coordinator, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959), a conservation officer within the meaning of the Nature Conservation Act 1992 or a police officer.

145G   Requisition by commissioner to reduce fire risk

(1)The commissioner may require any occupier of premises to take measures for the purpose of reducing the risk of a fire occurring on the premises or reducing potential danger to persons, property or the environment in the event of a fire occurring on the premises.

(2)A requisition may be given—

(a)in a particular case—by giving a notice to the occupier concerned; or

(b)by notification published in the gazette in which case each occupier of land to whom the notification applies must comply with the requisition.

(3)A person to whom a requisition is given must comply with the requisition.

Maximum penalty—50 penalty units or 6 months imprisonment.

Note—

This provision is an executive liability provision—see section 150J.

(4)Without limiting the measures that may be required to be taken, an occupier may be required to do any of the following—

(a)make and maintain firebreaks in accordance with any directions contained in the notification or notice;

(b)remove, dispose of or otherwise deal with any vegetation or other flammable material in accordance with any directions contained in the notification or notice;

(c)obtain equipment and keep it available for use for fire fighting purposes;

(d)take measures to ensure an adequate supply of water or any other substance for fire fighting purposes;

(e)ensure that the means of escape from the premises in the event of fire can be safely and effectively used at all material times;

(f)suspend such operations as may be specified for the period specified.

(5)A notice under subsection (2)(a) must comply with the QCAT Act, section 157(2).

(6)Where an occupier of premises fails to comply with a notification or notice an authorised fire officer and any assistant may enter the premises and take any of the measures directed by the notification or notice to be taken and any expenses incurred in taking those measures may be recovered by the commissioner in a court of competent jurisdiction from the occupier.

(7)An authorised fire officer or an assistant who takes the measure of removing vegetation or other flammable material from premises, may take possession of and retain the material until it is disposed of pursuant to subsection (8) or until the person entitled to possession of it is determined.

(8)Where the commissioner is satisfied that anything retained pursuant to subsection (7) is the property of the occupier who failed to comply with the notification or notice the commissioner may sell or otherwise dispose of the material and the proceeds of the disposal may be applied by the commissioner in payment of expenses incurred in consequence of the failure to comply.

(9)Where the proceeds of the disposal of any material—

(a)are insufficient to cover the expenses incurred—the amount of the expenses that may be recovered under subsection (6) must be reduced by the amount of those proceeds;

(b)exceed the expenses incurred—the proceeds of the disposal must be applied in the following order—

(i)if there is an amount owing to an entity under a security interest registered against the property under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest;

(ii)in payment of any balance to the person whose property the commissioner believes the material to have been.

145H   Restriction on sale of notified articles

The commissioner may, by notification published in the gazette, prohibit or regulate the sale, use or possession of any article or substance that the commissioner believes may constitute a fire risk.

145I   Notifications, notices and permits

(1)Any notification published in the gazette pursuant to this part—

(a)may be expressed so as to have effect either generally throughout the State or in part of the State only;

(b)may be expressed so as to apply differently in different circumstances;

(c)may, where it authorises or requires the doing of any act, specify conditions to be observed in respect of the doing of the act;

(d)may be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event;

(e)may be amended or revoked at any time by the commissioner by notification published in the gazette.

(2)Any permit granted or notice given pursuant to this part to a person—

(a)may, where it authorises or requires the doing of any act, specify conditions to be observed in respect of the doing of the act;

(b)may be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event;

(c)may, by the commissioner giving a notice to the person—

(i)for a permit—be amended, suspended or revoked at any time; or

(ii)for a notice—be amended or revoked at any time.

145J   Offences re lighting fires

(1)A person commits an offence against this Act if the person does or, as the case may be, fails to do any of the following acts—

(a)fails to comply with any condition or direction contained in a notification, notice or permit given under this part in respect of the lighting of any fire;

(b)leaves unattended or fails to take reasonable measures to extinguish a fire in such circumstances as to cause or be likely to cause danger from fire to any person or property or to the environment;

(c)not acting in accordance with a notification, notice or permit given under this part, discards, propels or places any burning article or substance (or anything otherwise capable of causing fire)—

(i)thereby causing a fire that endangers or is likely to endanger any person or property or the environment; or

(ii)in such circumstances as to be likely to cause a fire that would be likely to endanger any person or property or the environment;

(d)wilfully and unlawfully destroys, damages, removes, covers or otherwise interferes with a notice relating to the lighting of fires displayed by the commissioner or by a rural fire brigade for the purposes of this Act;

(e)knowingly provides any false or misleading information in respect of an application for a permit under section 145C;

(f)without the consent of the commissioner, alters any particular shown in a permit granted under section 145C.

Maximum penalty—

(a)if the offence is committed during a state of fire emergency at a place to which the declaration of emergency applies—250 penalty units or 1 year’s imprisonment; or

(b)otherwise—50 penalty units or 6 months imprisonment.

(2)In subsection (1)—

property does not include property of the person alleged to have committed the offence in question.

145K   Liability of person for fire lit by agent or employee

(1)Notwithstanding the Criminal Code, sections 7 and 23 where any person commits an offence against this part in respect of the lighting of a fire as an agent or employee, the principal or employer of that person is taken to have committed the offence and may be prosecuted and punished for the offence unless it is proved that the agent or employee was acting contrary to instructions and that the principal or employer could not have prevented the commission of the offence by exercising reasonable supervision.

(2)Subsection (1) applies without prejudicing any liability imposed under this part upon the person by whom an offence is actually committed.

145L   Liability for damage caused by certain fires

(1)A person who lights a fire—

(a)authorised to be lit by notification given under section 145A or by a permit granted under section 145C; or

(b)in order to comply with a notification or notice given under section 145G;

and who, in lighting the fire, complies with any condition or direction contained in the notification, notice or permit and does not contravene any provision of this Act does not incur any liability at common law for any loss, injury or damage caused by the fire unless it is shown that the person acted recklessly or maliciously caused the loss, injury or damage.

(2)Subsection (1) applies only in respect of a fire lit for the purpose of or likely to have the effect of burning off vegetation.

Part 2    Fire emergency

Division 1 Local fire bans

145M   Imposing local fire ban

(1)If the commissioner considers a fire emergency exists in a local government’s area, the commissioner may, by notice published under section 145N, impose a ban on the lighting of fires (a local fire ban) in the area.

(2)A local fire ban—

(a)must not be imposed for a period of more than 14 days; and

(b)may—

(i)be imposed for an entire local government area or part of a local government area; and

(ii)prohibit the lighting of all, or only particular, types of fires.

(3)The area to which a local fire ban applies is called the fire ban area.

145N   Notifying local fire ban

(1)Notice of the imposition of a local fire ban must be published on the department’s website (normal publication).

(2)However, if notice of the imposition of a local fire ban can not for technical or other reasons be conveniently published by normal publication, notice of the imposition may be published (alternative publication)—

(a)in another way decided by the commissioner; and

(b)by normal publication as soon as practicable.

(3)Notice of the imposition of a local fire ban must—

(a)state the local government area to which the ban applies; and

(b)if appropriate, describe the part of the local government area to which the ban applies; and

(c)state the types of fires the lighting of which are prohibited under the ban; and

(d)state the period of the ban.

(4)As well as publishing notice of the imposition of a local fire ban by normal publication or alternative publication, the commissioner may cause the imposition of the ban to be publicised in any other way the commissioner considers appropriate.

(5)This section applies despite the Financial Accountability Act 2009, section 88F.

145O   Cancelling local fire ban

(1)If, while a local fire ban is in force, the commissioner considers the fire emergency for which the ban was imposed has ceased to exist, the commissioner must, by notice published under this section, cancel the ban.

(2)Notice of the cancellation of a local fire ban must be published on the department’s website (normal publication).

(3)However, if notice of the cancellation of a local fire ban can not for technical or other reasons be conveniently published by normal publication, notice of the cancellation may be published (alternative publication)—

(a)in another way decided by the commissioner; and

(b)by normal publication as soon as practicable.

(4)As well as publishing notice of the cancellation of a local fire ban by normal publication or alternative publication, the commissioner may cause the cancellation of the ban to be publicised in any other way the commissioner considers appropriate.

(5)This section applies despite the Financial Accountability Act 2009, section 88F.

145P   Period of local fire ban

(1)A local fire ban takes effect on the day and at the time stated in the notice published under section 145N for imposing the ban.

(2)The cancellation of a local fire ban takes effect on the day and at the time stated in the notice published under section 145O for cancelling the ban.

(3)For subsections (1) and (2), the day and time stated in the notice must not be before the day and time the notice is published.

(4)A local fire ban remains in force until the earlier of the following happens—

(a)the period of the ban stated in the notice published for the ban ends;

(b)the ban is cancelled.

145Q   Effect of local fire ban on other authorisations to light fires

While a local fire ban remains in force, any authority given under this or another Act to light a fire in the fire ban area ceases to have effect, to the extent to which the authority applies to fires the lighting of which is prohibited under the ban.

145R   Contravening local fire ban

While a local fire ban is in force, a person must not light a fire in the fire ban area if the lighting of the fire is prohibited under the ban.

Maximum penalty—50 penalty units or 6 months imprisonment.

145S   Evidentiary aid about local fire ban

In a proceeding for an offence against section 145R, a certificate purporting to be signed by the commissioner stating the following matters is evidence of the matters—

(a)on a stated day, or during a stated period, a local fire ban was in force at a stated place;

(b)the types of fire the lighting of which was prohibited under the ban.

Division 2 Declarations of state of fire emergency

145T   Declaration of state of fire emergency

(1)The commissioner may, with the approval of the Minister, declare that a state of fire emergency exists within Queensland.

(2)A declaration of a state of fire emergency—

(a)may have effect throughout the State or in part of the State, as specified in the declaration;

(b)may apply differently according to factors specified in the declaration;

(c)may, if it does not prohibit the lighting of all types of fires, prescribe conditions to be observed in lighting fires of any type not prohibited;

(d)may order that the lighting of any fire of a type not prohibited be subject to the granting of a permit under section 145C by the commissioner or by a person belonging to a class of person specified in the declaration;

(e)may order that any person finding a fire burning in the open air take all possible steps to extinguish it and, as soon as is practicable, report the existence and locality of the fire to any person belonging to a class of person specified in the declaration;

(f)may prohibit the use of any appliance, material or substance specified in the declaration that, in the opinion of the commissioner, is or is likely to cause a fire risk;

(g)may order the suspension of such operations as may be specified for the period specified;

(h)may, with the approval of the Minister, be amended or revoked at any time.

145U   Notification of declaration

(1)Every declaration of a state of fire emergency or amendment or revocation of a declaration—

(a)must be notified in the gazette; and

(b)may, in addition to the notification under paragraph (a), be notified in the following ways—

(i)on the department’s website;

(ii)by radio or television in the area to which it applies.

(2)A declaration of a state of fire emergency or an amendment or revocation of a declaration takes effect from—

(a)the date on which it is notified in the gazette; or

(b)if it is sooner notified under subsection (1)(b)—the date on which it is notified under subsection (1)(b).

(3)To ensure public knowledge of a declaration of a state of fire emergency or an amendment or revocation of a declaration in the area to which it applies, the commissioner must take measures to give widespread publicity of the declaration or the amendment or revocation of the declaration.

(4)However, any alleged failure to take measures under subsection (3) in relation to a declaration of a state of fire emergency or an amendment of a declaration is not an excuse for failure to comply with the declaration.

(5)This section applies despite the Financial Accountability Act 2009, section 88F.

145V   Period of state of fire emergency

A state of fire emergency declared by the commissioner remains in force—

(a)where a period for which it is to remain in force is specified in the declaration, until that period expires unless the declaration is sooner amended by extending that period or revoked; or

(b)where no period is specified, until the declaration is revoked.

145W   Effect of emergency on existing authorities to light fires

(1)Upon the declaration of a state of fire emergency, any authority given under this or any other Act to light a fire, whether given before or during the state of emergency, ceases to have effect while the state of emergency remains in force.

(2)Subsection (1) applies subject to any authority to light a fire specified in the declaration or any permit granted after the commencement of the state of emergency in accordance with the declaration.

145X   Commissioner’s power during fire emergency

(1)While a state of fire emergency remains in force, the commissioner may take any reasonable measure to abate the fire emergency.

(2)Without limiting those measures, they include requisitioning any premises, plant, equipment, materials or substance for fire fighting or fire prevention.

145Y   Failure to comply with declaration

Any person who fails to comply with a declaration of a state of fire emergency or with any requisition made under section 145X(2) commits an offence against this Act.

Maximum penalty—250 penalty units or 2 years imprisonment.

145Z   Certificate about declaration

In any proceeding for—

(a)an offence defined in section 145Y; or

(b)any other offence against this Act where it is alleged as a circumstance of aggravation that the offence was committed during a state of fire emergency at a place to which the declaration of the emergency applied;

any certificate signed by the commissioner stating that a state of fire emergency declared under section 145T existed at a specified place and during a specified period and specifying any of the provisions of the declaration is evidence of the matters contained in the certificate.

Part 3    Off-site plans for dangerous goods

146   Application of part

(1)This part does not apply in respect of—

(a)persons or substances in or about a mine to which the Mining and Quarrying Safety and Health Act 1999 applies;

(b)persons or substances in or about a mine to which the Coal Mining Safety and Health Act 1999 applies;

(c)persons or substances in or about a well to which any of the following Acts apply—

•Petroleum Act 1923

•Petroleum and Gas (Production and Safety) Act 2004

•Geothermal Energy Act 2010

•Greenhouse Gas Storage Act 2009.

(2)This part does not derogate from the provisions of the Radiation Safety Act 1999, the Transport Operations (Marine Safety) Act 1994 or the Work Health and Safety Act 2011 and where there is any conflict between the provisions of this and the provisions of those Acts, the provisions of those Acts prevail, to the extent of the inconsistency.

146A   Occupier to provide information concerning dangerous goods

(1)Where a person—

(a)is an occupier of premises in or on which any dangerous goods are stored; or

(b)is to be the occupier of premises presently under construction, in or on which any dangerous goods are to be stored;

the commissioner may give a notice requiring the person to provide such information concerning the dangerous goods as is specified in the notice.

(2)A person to whom a notice is given must provide the information sought within the time specified in the notice.

146B   Off-site emergency plans

(1)In any case in which the commissioner has power to give a person a notice requiring information concerning any dangerous goods, the commissioner may by notice in writing require the person, within the time specified in the notice, to prepare and lodge with the commissioner a plan relating to those dangerous goods (an off-site emergency plan).

(2)A notice may be given to a person under subsection (1) whether or not a notice has been given under section 146A or, where a notice has been given under that section, whether or not the person has complied with the notice.

(3)A person required by notice given under subsection (1) to prepare and lodge an off-site emergency plan is referred to in this part as the person responsible for the plan.

(4)An off-site emergency plan must provide for measures to be taken in preparation for a hazardous materials emergency or upon a hazardous materials emergency occurring so that danger that may thereby arise to any person who or property that is outside the premises to which the plan relates or to the environment is avoided or limited.

146C   Assistance with plans

(1)The commissioner must provide an advisory service and, to the extent practicable, assist in the preparation and implementation of off-site emergency plans.

(2)A person responsible for a plan is liable to pay to the commissioner charges for any advice or other assistance provided.

146D   Approval of plans

Where an emergency plan is lodged, the commissioner—

(a)may approve or refuse to approve the plan;

(b)may, if approving the plan, subject approval to conditions;

(c)must, if rejecting the plan, give the person responsible for the plan notice in writing specifying the manner in which the plan is deficient and requiring that a new or amended plan be lodged within the time specified in the notice.

146E   Amendment of plan

(1)An off-site emergency plan may be amended with the approval of the commissioner.

(2)The commissioner may give a notice to a person responsible for an off-site emergency plan requiring that the plan be amended and lodged with the commissioner for approval.

146F   Duty to implement plan

(1)Where an off-site emergency plan has been approved by the commissioner, the person responsible for the plan must ensure that all measures provided for in the plan (and in any amendment approved to the plan) are taken.

(2)A person who fails to discharge that duty commits an offence against this Act.

(3)If the commissioner believes that any measure provided for in a plan has not been taken, the commissioner may give a notice to the person responsible for the plan requiring that the measure be taken within the time specified in the notice.

146G   Notice of changed circumstances

(1)Where any change of circumstances occurs that substantially reduces the effectiveness of an off-site emergency plan or that renders the plan unnecessary, the person responsible for the plan must immediately give notice in writing of that fact to the commissioner.

(2)The commissioner, if aware that an off-site emergency plan is no longer necessary because of any change of circumstances, must give approval to the person responsible for the plan to discontinue giving effect to the plan.

146H   Keeping copies of plans

The commissioner must keep a copy of every off-site emergency plan lodged for approval and of every amendment to a plan.

146I   Punishment for certain offences against this part

A person convicted of—

(a)an offence defined in section 146F(2); or

(b)an offence consisting in a failure to notify a change of circumstances, as required by section 146G(1), that substantially reduces the effectiveness of a plan; or

(c)an offence consisting in a failure to comply with a notice given under this part;

is liable to a maximum penalty of 250 penalty units or 1 year’s imprisonment.

Part 4    Building fire safety

Division 1 Interpretation

146J   Interpretation

In this part (other than division 5A) and in schedule 1—

building means a fixed structure that is wholly or partly enclosed by walls and is roofed and includes a floating building and any part of a building but does not include—

(a)a single dwelling house, being either a detached dwelling house or a town, terrace, row, villa or like house attached to another such house or other such houses only by a wall on 1 or more of its sides; or

(b)a building treated as part of a coal mine for the purposes of the Coal Mining Safety and Health Act 1999 or as part of a mine for the purposes of the Mining and Quarrying Safety and Health Act 1999.

Building Advisory Committee ...

building certifier ...

Building Code of Australia ...

building surveyor ...

fire safety installation means a fire safety installation within the meaning of the Building Act 1975.

ground level has the same meaning for the purposes of this part as the term has as defined in the Queensland Appendix to the Building Code of Australia for the purposes specified therein.

IPA ...

maintain includes install or establish and maintain.

prescribed fire safety installation means a prescribed fire safety installation within the meaning of section 146M.

Standard Building Law ...

Standard Building Regulation ...

146K   Application to prisons

This part applies in relation to a building that is, or that is treated as part of, a prison for the purposes of the Corrective Services Act 2006, but an authorised fire officer is not competent to exercise a power conferred by sections 149K to 149V in relation to such a building without the consent of the person in charge of the prison within the meaning of the Corrective Services Act 2006.

Division 2 Obligations of persons for fire safety

Subdivision 1 Means of escape and prescribed fire safety installations

146L   Occupier of building to maintain means of escape from building

The occupier of a building must maintain at all times free from obstruction adequate means of escape in the event of fire threatening any part of the building.

Maximum penalty—

(a)if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or

(b)if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or

(c)if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)otherwise—100 penalty units.

Note—

This provision is an executive liability provision—see section 150J.

146M   Occupier of building to maintain prescribed fire safety installations

(1)The occupier of a building must maintain at all times every prescribed fire safety installation to a standard of safety and reliability in the event of fire.

Maximum penalty—

(a)if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or

(b)if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or

(c)if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)if the contravention causes substantial property loss—500 penalty units or 6 months imprisonment; or

(e)otherwise—100 penalty units.

Note—

This provision is an executive liability provision—see section 150J.

(2)It is a defence to a charge made under this Act that an occupier of a building, in contravention of subsection (1), has failed to maintain for the building a prescribed fire safety installation for the defendant to prove—

(a)that the prescribed fire safety installation would not be required to be maintained for the building if the building were constructed at the time of the alleged offence and was unnecessary for the purposes of fire safety; or

(b)that in lieu of the prescribed fire safety installation there is maintained a fire safety installation of equivalent or greater effectiveness.

(3)For the purposes of this section—

Act includes any Act and any proclamation, order in council, regulation, rule, local law or other instrument of subordinate legislation made under any Act, whenever passed or made whether or not it has ceased to exist.

prescribed fire safety installation means a fire safety installation—

(a)that was at any time required to be maintained for the building in question by or under any Act, including as a prerequisite to the granting of any approval or the issue of any notice, certificate or instrument; and

(b)that was not at any time authorised by or under any Act to be no longer maintained.

146N   Additional requirement for monitored systems

(1)The occupier of a building must maintain each monitored system for the building to ensure an unacceptable number of unwanted alarms are not signalled from the system.

(2)For subsection (1), the number of unwanted alarms signalled from a monitored system is unacceptable if the number signalled since the end of the last financial year is—

(a)more than 4; and

(b)more than the average number for the last financial year published under subsection (4).

(3)However, the commissioner may decide that, despite subsection (2), the number of unwanted alarms signalled from a monitored system is acceptable, having regard to—

(a)the size and other characteristics of the building; and

(b)how the building is used; and

(c)the number of detector heads in the building; and

(d)whether the system also relates to other buildings.

(4)As soon as practicable after 30 June each year, the commissioner must calculate, and notify in the gazette, the average number of unwanted alarms for monitored systems for the last financial year.

(5)The number must be calculated by dividing the total number of unwanted alarms signalled from all monitored systems during the last financial year by the total number of monitored systems in operation during the last financial year.

(6)In this section—

detector head means a part of a monitored system that detects smoke or heat and sends a signal to another part of the system.

emergency means a situation in which there is danger of harm to persons or property from a fire or hazardous materials emergency.

emergency alarm means an alarm, from a monitored system for a building, signalled to QFR to attend the building.

maintain, a monitored system, includes—

(a)ensure the system is in good repair; and

(b)ensure each part of the system is properly installed and appropriately located; and

(c)ensure the system is able to distinguish between a fire and normal conditions in the building; and

(d)implement measures for avoiding unwanted alarms from the system.

Examples of implementing measures for paragraph (d)—

•establishing requirements for persons working near the system to isolate the system while using tools that may cause an unwanted alarm

•giving information sheets to guests in the building about the sensitivity of the system and how to avoid causing an unwanted alarm

•for a building used to provide residential accommodation that has a high level of unwanted alarms, installing an alarm acknowledgement facility under AS1670.1—2004

monitored system, for a building, means an automatic smoke detection and alarm system—

(a)that is a prescribed fire safety installation for the building; and

(b)that is monitored by QFR.

unwanted alarm means an emergency alarm signalled at a time when the commissioner is satisfied there was no emergency requiring the attendance of QFR.

Subdivision 2 Fire and evacuation plan

146O   Fire and evacuation plan

(1)The occupier of a building must—

(a)maintain at all times a plan of the action to be taken by persons within the building in the event of fire threatening the building adequate to ensure their own and other persons safety (a fire and evacuation plan); and

(b)provide adequate instructions to prescribed persons in the building concerning the action to be taken by them in the event of fire threatening the building in order to ensure their own and other persons safety.

Maximum penalty—

(a)if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or

(b)if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or

(c)if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)otherwise—100 penalty units.

(2)In this section—

prescribed person means a person who works or resides in or visits the building for more than a total time, during a period, prescribed under a regulation.

146P   Assistance with plan

(1)The commissioner may provide assistance to the occupier of a building in the preparation and implementation of the plan required to be maintained by the occupier under section 146O(1)(a) and any regulations made under this part in relation to such a plan.

(2)An occupier to whom assistance is provided is liable to pay to the commissioner the amounts charged by the commissioner for the assistance.

Subdivision 3 Fire safety management plan

146Q   Obligation to prepare fire safety management plan

(1)This section applies to a budget accommodation building only if—

(a)construction of the building started before the commencement of this section; or

(b)construction of the building was—

(i)approved under the repealed Integrated Planning Act 1997 before the commencement; and

(ii)started on or after the commencement; or

(c)an application for approval to construct the building—

(i)was made under the repealed Integrated Planning Act 1997 before the commencement; and

(ii)the approval is given on or after the commencement.

(2)The owner of the budget accommodation building must prepare a fire safety management plan for the building within 1 year after the commencement.

Maximum penalty—

(a)if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or

(b)if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or

(c)if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)otherwise—100 penalty units.

146R   Other obligations about fire safety management plan

(1)The owner of a budget accommodation building who is required, under section 146Q or the Building Act 1975, section 27, to prepare a fire safety management plan for the building must ensure the plan is updated as soon as practicable, but not later than 1 month, after a change in circumstances affecting the plan’s compliance with the fire safety standard.

Maximum penalty—

(a)if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or

(b)if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or

(c)if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)otherwise—100 penalty units.

(2)A change in circumstances mentioned in subsection (1) includes, for example, a change in the fire safety standard.

(3)The owner must ensure the current fire safety management plan is implemented.

Maximum penalty for subsection (3)—

(a)if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or

(b)if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or

(c)if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)otherwise—100 penalty units.

146S   Meaning of fire safety management plan

(1)A fire safety management plan for a building is a plan that states each of the following and complies with subsections (2) and (3)—

(a)the allowable number of occupants for the building;

(b)the proposed maintenance schedule for the building’s prescribed fire safety installations;

(c)the evacuation plan for evacuating the building’s occupants, including occupants with an intellectual or physical disability, in the event of a fire in the building;

(d)proposed training programs for occupants and persons employed in the building about—

(i)fire management and prevention; and

(ii)emergency evacuation;

(e)a list of the building’s prescribed fire safety installations, together with the brand name and model number of each installation, if applicable.

(2)The matters mentioned in subsection (1)(a) to (d) must comply with the fire safety standard.

(3)The fire safety management plan must have attached to it, or be accompanied by, a copy of the building plans, in a reasonable scale, identifying the location of the building’s prescribed fire safety installations.

146T   Guidelines for preparing fire safety management plans

(1)The commissioner may issue guidelines for preparing fire safety management plans.

(2)Before issuing the guidelines, the commissioner must consult with any entity the commissioner considers appropriate.

146U   Public notice of guidelines

The commissioner must ensure the guidelines and any document applied, adopted or incorporated by the guidelines are available for inspection on the department’s website.

146V   Accessing fire safety management plan

The owner of a budget accommodation building must ensure a copy of the building’s current fire safety management plan is kept in the building and is available for inspection, free of charge, by the building’s occupants and other members of the public whenever the building is open for business.

Maximum penalty—20 penalty units.

Subdivision 3A Matters relating to particular proceedings under this division

146W   Provisions applying for particular proceedings

(1)This section applies for sections 146L, 146M, 146O, 146Q and 146R (each the section).

(2)A person causes something mentioned in the section if the person’s act or omission is a substantial or significant cause of the thing or substantially contributes to the thing.

(3)The section applies despite the Criminal Code, sections 23(1) and 24.

(4)It is a defence in a proceeding against a person for a contravention of the section for the person to prove the person took reasonable precautions and exercised proper diligence to prevent the contravention.

(5)Also, it is a defence in a proceeding against a person for a contravention of the section for the person to prove the contravention was due to causes over which the person had no control.

Subdivision 4 Obligations of entities about guidelines for fire safety standard and fire safety management plans

(b)in the opinion of the commissioner has underestimated any amount so payable;

the commissioner may give a notice to the owner requiring payment of the amount specified in the notice within such time and in such instalments (if any) as are specified.

(2)In a case referred to in subsection (1)(b), a notice may be given by the commissioner whether or not the amount as calculated by the local government has been paid.

152X   Recovery of arrears

(1)Where any amount relating to contributions remains unpaid at the expiration of the period specified for payment in a levy notice or a notice given under section 152W and proceedings for recovery of the amount have not been instituted or have not been completed by the local government in whose area the relevant prescribed property is situated, the commissioner may take action in a court of competent jurisdiction to recover that amount and interest on that amount.

(2)For subsection (1), the rate of the interest is the percentage decided by the local government, under the City of Brisbane Act 2010 or the Local Government Act 2009, in relation to an overdue rate for the period for which the amount remains unpaid.

(3)For the purpose of subsection (1), the commissioner may take any action (including the selling of land) that a local government may take to recover unpaid rates and for that purpose—

(a)the amount outstanding is taken to be rates unpaid to a local government and, notwithstanding section 152P(3), to be in priority to any rates made and levied in respect of the prescribed property by the local government in whose area the property is situated; and

(b)the commissioner is taken to be the mayor of that local government; and

(c)any document signed by the commissioner is as effective as it would be if signed by the mayor of that local government.

(4)Where a court makes an order against the owner of prescribed property for the recovery of any amount in an action referred to in subsection (1), it may also make an order for the recovery of any other outstanding amount relating to contributions payable in respect of that property that has not been paid in accordance with notification given under this division.

152Y   Remitting contributions

If the commissioner believes that it is not practicable to pursue the recovery of an amount relating to contributions, the commissioner may—

(a)remit and wholly discharge the amount or any part of it; or

(b)enter into an agreement with the person concerned for the payment of a composition in respect of the amount.

152Z   Proof of amounts owing in relation to contributions

In any proceeding for the recovery of any amount relating to contributions, a certificate signed by the commissioner stating in respect of property identified in the certificate—

(a)that the property was, during a specified period, prescribed property; and

(b)that during that period the property was within a specified levy district and within the area of a specified local government; and

(c)that during that period a person was the owner of the property; and

(d)that the person owes any specified amount in respect of contributions;

is evidence of the matters stated.

152ZA    Where services of debt collector engaged

(1)Where the commissioner or a local government engages the services of a debt collector (authorised to perform a debt collection activity under the Debt Collectors (Field Agents and Collection Agents) Act 2014) for the purpose of collecting any arrears of annual contribution payable by an owner of prescribed property, then, despite section 27 of that Act, the owner may be required by the commissioner or the local government by notice in writing to pay an amount, not exceeding an amount representing the prescribed per centum of the amount of arrears, by way of a collection fee.

(2)The amount, if not paid as required, is recoverable by the commissioner or the local government, together with any expenses of recovery, in a court of competent jurisdiction.

152ZB    Application of Crown Proceedings Act

Any proceeding for the recovery of any amount (including costs) taken under this Act by a local government is taken to be a proceeding in respect of a claim by the Crown within the meaning of the Crown Proceedings Act 1980 and the provisions of that Act apply accordingly.

152ZC    Levies not revenue in determining remuneration of employees of local government

Notwithstanding any industrial award providing for the classification or remuneration of any employee of a local government according to revenue received by it, in calculating revenue for that purpose—

(a)money retained as a collection fee under section 152R is included;

(b)all other money received or recovered under this division is excluded.

Division 4 Funding for rural fire brigades

152ZD    Local government may make and levy certain rates or charges and contribute amounts raised to rural fire brigades

A local government may make and levy the following rates or charges and contribute amounts raised to rural fire brigades operating in its local government area—

(a)for Brisbane City Council—special rates and charges, or separate rates and charges, under the City of Brisbane Act 2010;

(b)for another local government—special rates and charges, or separate rates and charges, under the Local Government Act 2009.

Part 4    Miscellaneous

153   Delegation

(1)The commissioner may delegate a function of the commissioner under this Act to an appropriately qualified person.

(2)A delegation of a function may permit the subdelegation of the function.

(3)In this section—

function includes power or responsibility.

153A   Confidentiality

(1)A person must not disclose, use or make a record of information the person has acquired—

(a)in performing a function, or exercising a power, under this Act; or

(b)because of an opportunity provided by the performance of the person’s function, or exercise of the person’s power, under this Act.

Maximum penalty—40 penalty units.

(2)Subsection (1) does not apply if the information is disclosed or used, or a record of the information is made—

(a)for a purpose of this Act; or

(b)as permitted or required under another Act; or

(c)in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.

(3)Also, subsection (1) does not apply to the disclosure of information relating to fire safety at particular premises if the disclosure is to a person with an interest in the premises, including the owner or occupier of the premises.

(4)Further, subsection (1) does not apply to the disclosure of information relating to an investigation of a fire or hazardous materials emergency involving the death of, or serious injury to, a person if the disclosure is—

(a)to a police officer or a staff member of the police service under the Police Service Administration Act 1990; and

(b)for the purpose of an investigation by the commissioner of the police service of the death or injury.

153B   Protection from liability—acts or omissions under this Act

(1)No liability attaches to any person for an act done, or omission made, honestly and without negligence under this Act.

(2)A person who uses reasonable force on or against a person when performing a function under this Act to avoid or reduce danger or harm to any person or property or the environment is not liable to be charged or proceeded against for an offence in relation to the use of force.

(3)If a question arises in a proceeding as to whether subsection (1) prevents liability for an act or omission attaching to a person, the party alleging that subsection (1) does not prevent liability attaching to the person bears the onus of proving the person did not do the act, or make the omission, honestly and without negligence.

(4)In this section—

function includes power or responsibility.

153C   [Repealed]

153D   Ownership of property

For this Act and a proceeding under any Act, the State is taken to be the owner of—

(a)premises occupied in an official capacity by a fire service officer; and

(b)anything (whether animate or inanimate) appropriated to the use of the fire services; and

(c)anything, not being the private property of a person, used by the commissioner or a fire service officer in performing duties.

154   Representation of commissioner at inquiries

At an inquiry concerning a fire, an authorised representative of the commissioner may appear and adduce evidence, cross-examine a witness and address the tribunal conducting the inquiry.

154A   Construction of policies of fire insurance

(1)This section applies if—

(a)a person (the insured person) has insured an interest in property (the insured property) against loss or damage by fire; and

(b)because of an act done, or omitted to be done, in relation to a fire by a person performing a function or exercising a power under this Act—

(i)the insured property is damaged and the insured person suffers a loss; or

(ii)the insured person incurs a charge or expense, other than a charge or expense incurred as a punishment.

(2)The loss suffered, or the charge or expense incurred, by the insured person is taken to be loss or damage by fire under the insurance policy (the policy) taken out by the insured person in relation to the insured property.

(3)Subsection (2) applies despite anything to the contrary in the policy.

154B   Report of fire

The commissioner may, if asked by an insurer, give the insurer details of a report in the commissioner’s possession relating to the attendance at a fire or other emergency incident by—

(a)a fire service officer; or

(b)another person who is subject to the direction of the commissioner.

154C   [Repealed]

154D   Approval of forms

The commissioner may approve forms for use under this Act.

154E   Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may provide for any of the following—

(a)the records required to be kept under this Act and the way in which the records are to be kept;

(b)matters relating to the management and administration of the fire services;

(c)matters relating to the entitlements, powers, responsibilities and liabilities of fire service officers;

(d)matters relating to appeals about disciplinary action;

(e)fees and charges payable under this Act, including the matters for which they are payable;

(f)a maximum penalty of not more than 30 penalty units for contravention of the regulation;

(g)fees payable for—

(i)the assessment and inspection of special fire services within the meaning of the Building Act 1975; or

(ii)the assessment of proposed performance solutions within the meaning of the Building Code of Australia.

Part 5    [Repealed]

Division 1 [Repealed]

155   [Repealed]

156   [Expired]

157   [Repealed]

158   [Repealed]

159   [Repealed]

160   [Repealed]

161   [Repealed]

162   [Repealed]

163   [Repealed]

164   [Repealed]

165   [Repealed]

166   [Repealed]

167   [Repealed]

168   [Repealed]

169   [Expired]

170   [Repealed]

Division 2 [Repealed]

171   [Repealed]

Division 3 [Repealed]

172   [Repealed]

173   [Repealed]

174   [Repealed]

175   [Repealed]

176   [Repealed]

177   [Repealed]

178   [Repealed]

179   [Repealed]

180   [Repealed]

181   [Repealed]

182   [Repealed]

183   [Repealed]

184   [Repealed]

185   [Repealed]

186   [Repealed]

187   [Repealed]

188   [Repealed]

Division 4 [Repealed]

189   [Repealed]

Division 5 [Repealed]

190   [Repealed]

191   [Repealed]

192   [Repealed]

193   [Repealed]

Division 6 [Repealed]

194   [Repealed]

195   [Repealed]

196   [Repealed]

197   [Repealed]

198   [Repealed]

199   [Repealed]

Division 7 [Repealed]

200   [Repealed]

201   [Repealed]

202   [Repealed]

203   [Repealed]

204   [Repealed]

Division 8 [Repealed]

Division 9 [Repealed]

Subdivision 1 [Repealed]

Subdivision 2 [Repealed]

Division 10 [Repealed]

Chapter 6    Transitional provisions

Part 1    Transitional provisions for Crime and Corruption and Other Legislation Amendment Act 2018

205   Disciplinary action against a fire service officer who was a relevant commission officer

(1)This section applies to a person who is a fire service officer and was a relevant commission officer.

(2)The person may be disciplined under chapter 3, part 4, division 3, subdivision 2 in relation to a relevant disciplinary ground arising when the person was a relevant commission officer only if the ground arose after the commencement.

(3)However, if the relevant disciplinary ground arising after the commencement relates to conduct that is a part of a course of conduct that also includes conduct giving rise to a relevant disciplinary ground arising before the commencement, the person may be disciplined under chapter 3, part 4, division 3, subdivision 2 in relation to all of the grounds as if they all arose after the commencement.

(4)Subsection (3) does not apply in relation to a relevant disciplinary ground arising before the commencement if disciplinary action has been, or is being, taken in relation to the ground under this Act or a relevant disciplinary law for the person within the meaning of section 29D(3).

(5)In this section—

relevant commission officer see the Crime and Corruption Act 2001, section 273A.

206   Sharing disciplinary information

Sections 30I and 30J apply in relation to a request for information made by or to the chief executive officer under the Crime and Corruption Act 2001 only if the request is made after the commencement.

Part 2    Transitional provisions for Police Service Administration and Other Legislation Amendment Act 2023

Division 1 Amendments commencing on assent

207   Local fire bans imposed before commencement

(1)A local fire ban in force immediately before the commencement continues in force until the earlier of the following happens—

(a)the period of the ban stated in the notice imposing the ban under former section 86B ends;

(b)the ban is cancelled.

(2)The local fire ban may be cancelled under new section 86C and new section 86D(2) and (3) apply in relation to the cancellation.

(3)In this section—

former section 86B means section 86B as in force from time to time before the commencement.

new, for a provision of this Act, means the provision as in force from the commencement.

208   Declarations notified before commencement

(1)New section 88 applies to an amendment or revocation of a declaration of a state of fire emergency in force immediately before the commencement.

(2)In this section—

new section 88 means section 88 as in force from the commencement.

Division 2 Amendments commencing by proclamation

209   Permits granted before commencement

Section 71(2)(c)(i) applies to a permit granted under section 65 and in effect immediately before the commencement.

210   Disclosure etc. of information acquired before commencement

Section 153A(4) applies to the disclosure by a person of information acquired by the person before the commencement.

Part 3    Transitional provisions for Public Sector Act 2022

211   Definition for part

In this part—

former, for a provision of this Act, means the provision as in force immediately before the commencement.

212   Words have meanings given by former provision

Words defined under a former provision of this Act immediately before its repeal and used in this part have the same meanings as they had under the former provision.

213   Existing disciplinary action

(1)This section applies if—

(a)before the commencement, the commissioner started to take disciplinary action against a fire service officer or former fire service officer under former chapter 3, part 4, division 3; and

(b)immediately before the commencement, the disciplinary action had not been completed.

(2)From the commencement, the disciplinary action continues under the Public Sector Act 2022.

214   Existing disciplinary finding

(1)This section applies if—

(a)before the commencement, the commissioner made a disciplinary finding against a fire service officer or former fire service officer under former chapter 3, part 4, division 3; and

(b)immediately before the commencement, any disciplinary action in relation to the disciplinary finding had not been completed.

(2)From the commencement, the disciplinary finding is taken to be a disciplinary finding under the Public Sector Act 2022.

215   Disciplinary ground arising before commencement

The Public Sector Act 2022, chapter 3, part 8, division 3 applies in relation to a disciplinary ground whether the disciplinary ground arises before or after the commencement.

216   Existing requirement to disclose previous history of serious disciplinary action

(1)This section applies if, before the commencement—

(a)the commissioner proposed to employ or second a person; and

(b)the commissioner required the person, under former section 25B or 25C, to disclose to the commissioner particulars of any serious disciplinary action taken against the person; and

(c)the commissioner had not decided whether to employ or second the person.

(2)From the commencement—

(a)former section 25B or 25C, as in force immediately before the commencement, continues to apply in relation to the requirement despite the repeal of that section by the Public Sector Act 2022; and

(b)the commissioner may use the information disclosed under the requirement in making an assessment about the person’s suitability for the employment or secondment.

217   Disciplinary information obtained before commencement

(1)This section applies if, before the commencement, the commissioner obtained disciplinary information about a person under former chapter 3, part 4, division 3, subdivision 4.

(2)From the commencement, the disciplinary information is taken to be information obtained under the Public Sector Act 2022, section 97.

218   Existing suspensions

(1)This section applies to a fire service officer who, immediately before the commencement, was subject to a suspension imposed under former section 32.

(2)From the commencement, the suspension continues under the Public Sector Act 2022 on the same terms that applied to the fire service officer immediately before the commencement.

219   Reason for suspension arising before commencement

A suspension may be imposed on a fire service officer under the Public Sector Act 2022 after the commencement whether the reason for the suspension arises before or after the commencement.

220   Existing requirement to attend medical examination

(1)This section applies if, before the commencement, the commissioner formed a suspicion mentioned in former section 28(2) and was required to obtain medical opinion on a fire service officer’s condition.

(2)Former section 28 continues to apply in relation to the commissioner and the fire service officer despite the commencement of the Public Sector Act 2022.

Part 4    Transitional provisions for Disaster Management and Other Legislation Amendment Act 2024

221   Definitions for part

In this part—

amending Act means the Disaster Management and Other Legislation Amendment Act 2024.

previous, in relation to a provision of this Act, means the provision as in force immediately before the commencement.

222   Eligibility requirements for existing commissioner

(1)Previous section 5 continues to apply to the existing commissioner, while the existing commissioner remains in office, as if this Act had not been amended by the amending Act.

(2)In this section—

existing commissioner means the person who was in office as the commissioner immediately before the commencement.

223   Deputy commissioner

(1)This section applies to the person appointed as the deputy commissioner if the person was employed in an equivalent role under this Act immediately before the commencement on a contract of employment (the current contract of employment).

(2)The person continues to be employed under this Act on the same terms of appointment that applied to the person immediately before the commencement.

(3)Section 7K(2) does not apply to the person until the person’s current contract of employment ends.

224   Chief officer

(1)This section applies to the person appointed as the chief officer if the person was employed in an equivalent role under this Act immediately before the commencement on a contract of employment (the current contract of employment).

(2)The person continues to be employed under this Act on the same terms of appointment that applied to the person immediately before the commencement.

(3)Section 7Q(2) does not apply to the person until the person’s current contract of employment ends.

225   Continued application of previous s 25 in particular circumstances

(1)This section applies to a person employed under this Act immediately before the commencement in a role equivalent to that of a senior executive under the Public Sector Act 2022, section 188.

(2)Previous section 25 continues to apply to the person while the person is employed in that role under the person’s contract of employment in effect on the commencement as if this Act had not been amended by the amending Act.

226   Existing chief fire wardens and fire wardens

(1)This section applies to a person who holds office as a chief fire warden or fire warden immediately before the commencement.

(2)The person continues to hold office as chief fire warden or fire warden for the term and on the conditions stated in the person’s instrument of appointment.

(3)Subsection (2) does not affect the power of the commissioner under this Act to change the person’s term or conditions of appointment.

(4)If the commissioner changes the person’s term or conditions of appointment by amending the person’s instrument of appointment, section 131(3) applies to the person as if a reference in section 131(3) to the instrument of appointment were a reference to the amended instrument of appointment.

227   Existing rural fire brigades

A rural fire brigade in existence immediately before the commencement continues as a rural fire brigade and is a part of RFSQ.

228   Existing members of rural fire brigades

(1)This section applies to a person who was a member of a rural fire brigade immediately before the commencement.

(2)On the commencement, the person is taken to have been appointed under section 136 as a member of the rural fire brigade.

229   Existing rules for rural fire brigades

(1)This section applies if a rural fire brigade has made rules under previous section 80.

(2)The rules continue to have effect until the first of the following happens—

(a)the rural fire brigade adopts the model rules;

(b)the rural fire brigade amends the model rules to add any additional rules under section 137(3);

(c)the day that is 6 months after the commencement.

(3)If the rural fire brigade fails to adopt or amend the model rules by the day that is 6 months after the commencement, the brigade is taken to have adopted the model rules on that day.

230   Particular elected officers of rural fire brigade continue in office

(1)This section applies if a rural fire brigade elected an officer under previous section 81(2) to be the chairperson, secretary or treasurer of the brigade (however the office is called) and the officer holds the office immediately before the commencement.

(2)On the commencement, the person is taken to have been elected under section 138(3) to hold the equivalent office for the rural fire brigade.

231   Delayed commencement in relation to prohibition on particular use of restricted expressions

(1)On the commencement, section 150H(1)(a) does not apply to the use of a restricted expression mentioned in subsection (3) of that section.

(2)However, section 150H(1)(a) starts applying to the use of a restricted expression on the day that is 1 year after the commencement.

(3)In this section—

restricted expression see section 150H(3).

232   Continued application of applicable transitional provisions

(1)An applicable transitional provision continues to apply despite its repeal by the amending Act.

(2)This section does not limit the Acts Interpretation Act 1954, section 20.

(3)In this section—

applicable transitional provision means any of the following provisions—

(a)previous section 155;

(b)previous section 159;

(c)previous section 172;

(d)previous section 177;

(e)previous section 202.

233   References to former QFES

A reference in an Act or a document to QFES, whether it is referred to as QFES or Queensland Fire and Emergency Services, may, if the context permits, be taken to be a reference to QFR, RFSQ or the fire services.

Schedule 1 Uses of buildings

section 146Z

1a building in which there is a room at a level other than ground level used for the purpose of the sale of food or drink to the public or the provision of cabaret entertainment or dance facilities to the public

2a building used to provide residential accommodation at a floor level other than ground level

3a building used to provide residential accommodation within an educational institution, a children’s hostel or children’s welfare institution

4a building used to provide residential accommodation for medical, psychiatric or geriatric care

5a building used to sell goods or services to the public in which there is a sales area—

(a)below ground level; or

(b)at a floor level more than 1 floor above ground level; or

(c)exceeding 1,000m² at any floor level

6a building used to accommodate a shop or shops selling goods or services to the public from which the only means of escape is through an enclosed arcade, mall or like structure

7a building other than a drive-in picture theatre used to accommodate more than 200 persons attending for a public meeting or for recreational, cultural or conference purposes

8a building used as a workplace within the meaning of the Work Health and Safety Act 2011 in which persons are employed to work in a room or rooms—

(a)below ground level; or

(b)at a floor level more than 1 floor level above ground level

9a building used to provide office accommodation at a floor level more than 6 floor levels above ground level

10a building used for educational or research purposes and containing—

(a)a laboratory or machinery or trade equipment operated for training or research purposes; or

(b)a classroom, canteen or recreational facilities on a floor level below ground level or a floor level more than 2 floors above ground level

Schedule 2 Dictionary

section 3

ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Australian Transport Council, as in force from time to time.

ambulance service officer ...

appointed day means the day of commencement of the provision in which the expression occurs.

appointed member ...

approved form ...

approved superannuation scheme ...

AS 1940 means Australian Standard AS 1940 The Storage and Handling of Flammable and Combustible Liquids made by Standards Australia, as in force from time to time.

assessor means an assessor appointed under section 148U.

attend to, for a fire of other incident, for chapter 4A, part 6, see section 148X.

authorised fire officer see section 149H.

authorised rescue officer ...

authority ...

authorized fire officer ...

board ...

bodily harm see the Criminal Code, section 1.

broadcasting service ...

budget accommodation building see the Building Act 1975, section 216.

building—

(a)generally, includes any bridge, dam, fence, jetty, reservoir, wall, wharf or other structure, whether temporary or permanent; and

(b)for chapter 4A, part 4 (other than division 5A) and schedule 1, see section 146J.

building certifier see the Building Act 1975, section 8.

Building Code of Australia see the Building Act 1975, section 12.

bushfire means an unplanned burning of vegetation, including a grass fire and a fire that has broken out in a forest or scrub.

caravan, for chapter 4A, part 4, division 5B, see section 148L.

chemical see the Environmental Protection Regulation 1998, schedule 9.

chemical incident ...

chief commissioner ...

chief executive (liquor licensing) means the chief executive of the department in which the Liquor Act 1992 is administered.

chief executive officer ...

chief fire officer means the person appointed by the commissioner as the chief fire officer under section 7C.

chief fire warden means a person appointed by the commissioner as a chief fire warden under section 131.

chief officer means the person appointed by the commissioner as the chief officer under section 7Q.

class 1a building, for chapter 4A, part 4, division 5A, see section 147W.

clear floor surface area, for chapter 4A, part 4, division 3A, see section 147C.

code of practice means a code of practice issued under section 7B.

combustible liquid means a combustible liquid under the flammable and combustible liquids standard.

commencement ...

commissioner means the commissioner appointed under section 5.

conviction includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded.

council ...

dangerous goods means goods defined under the ADG Code as dangerous goods or goods too dangerous to be transported.

date of possession, for residential land, for chapter 4A, part 4, division 5A, see section 147W.

deputy commissioner means the person appointed by the commissioner as the deputy commissioner under section 7K.

direction includes a doctrine, policy and procedure.

disaster see the Disaster Management Act 2003, section 13.

disciplinary action ...

disciplinary declaration ...

disciplinary finding ...

disciplinary ground ...

disciplinary law ...

domestic dwelling, for chapter 4A, part 4 division 5A, see section 147W.

emergency-related function ...

emergency service area ...

emergency service unit ...

employing chief executive ...

environment includes—

(a)ecosystems and their constituent parts; and

(b)all natural and physical resources; and

(c)the qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and

(d)the social, economic, aesthetic and cultural conditions that affect, or are affected by, things mentioned in paragraphs (a) to (c).

ESU function ...

ESU member ...

ES unit ...

ES unit coordinator ...

ES vehicle ...

fire and evacuation plan see section 146O(1)(a).

fire authority officer ...

fire ban area see section 145M.

fire coordinator means a fire coordinator under the Disaster Management Act 2003.

fire officer means a person employed under this Act who has the functions of fire prevention and fire control, and includes a person employed under this Act who is undergoing training as a fire officer.

fire prevention expertise means significant knowledge of and practical experience in fire prevention, including in relation to—

(a)building fire safety; and

(b)community education and enforcement; and

(c)mitigation and prevention strategies in the built environment and rural environments that are susceptible to bushfires.

fire safety installation see section 146J.

fire safety management plan see section 146S.

fire safety standard see the Building Act 1975, section 217(1).

fire safety system see section 147C.

fire service see section 8(3).

fire service officer—

(a)means a person employed under section 25; and

(b)includes the deputy commissioner and chief officer.

fire service superannuation scheme ...

fire warden means a person appointed by the commissioner as a fire warden under section 131.

flammable and combustible liquids standard means—

(a)if a standard is prescribed under a regulation under the Work Health and Safety Act 2011—that standard; or

(b)otherwise—AS 1940.

flammable material means any material or substance capable of ignition or combustion by the application of heat or fire or by spontaneous causes.

former fire service officer ...

fund means the Emergency Management Fund established under section 152F(1).

grass fire means a fire that predominantly consumes vegetation.

grievous bodily harm see the Criminal Code, section 1.

ground level, for chapter 4A, part 4 (other than division 5A) and schedule 1, see section 146J.

hazardous material means—

(a)all dangerous goods, combustible liquids and chemicals; or

(b)any other substance with potential to cause harm to persons, property or the environment because of 1 or more of the following—

(i)the chemical properties of the substance;

(ii)the physical properties of the substance;

(iii)the biological properties of the substance.

hazardous materials emergency means a situation involving hazardous materials or suspected hazardous materials that includes a loss of control, or an imminent risk of loss of control, of the materials or a loss of control of anything that may impact on the materials if the loss of control causes, or the loss of control or imminent risk of loss of control has the potential to cause, material harm to persons, property or the environment.

incident control expertise means significant knowledge of and practical experience in the control of—

(a)incidents of large-scale structural fires and bushfires; and

(b)incidents involving hazardous materials; and

(c)specialist and technical rescues; and

(d)responses to disasters.

information statement, in relation to a tenant, for chapter 4A, part 4, division 5A, see section 147W.

land means any land, whether improved or not.

large-scale structural fire means a fire that threatens the structural integrity of a commercial or industrial building or hazard storage facility.

lessor, for chapter 4A, part 4, division 5A, see section 147W.

levy district means a levy district constituted by a regulation under section 152G(1)(a).

licensed building, for chapter 4A, part 4, division 3A, see section 147C.

Local Authority ...

local controller ...

local fire ban see section 145M.

maintain, for chapter 4A, part 4 (other than division 5A) and schedule 1, see section 146J.

manufacturer’s instructions, for a smoke alarm, means the instructions from the manufacturer, packaged with the alarm, dealing with the operation, testing and maintenance of the alarm.

Minister ...

motorised caravan, for chapter 4A, part 4, division 5B, see section 148L.

occupancy notice see section 147H.

occupancy number, for chapter 4A, part 4, division 3A, see section 147C.

occupier, of premises, means—

(a)the owner, lessee or person apparently in charge of the premises; or

(b)a person who has the care, management or supervision of the premises or who is conducting a business at the premises.

officer of the Queensland Fire Service ...

operates when tested, for a smoke alarm—

(a)for chapter 4A, part 4, division 5A—see section 147X; or

(b)for chapter 4A, part 4, division 5B—see section 148M.

owner, of premises—

(a)generally—means the person who is entitled to receive rent for the premises, or would be entitled to receive rent for the premises if the premises were leased; and

(b)for chapter 5, part 3A—see section 152E(1).

premises—

(a)means any land or building; and

(b)for chapter 4B, part 1, includes a vehicle or vessel.

premises of seizure see section 149N.

prescribed employee ...

prescribed fire safety installation, for chapter 4A, part 4 (other than division 5A) and schedule 1, see section 146J.

prescribed property see section 152E.

presiding member see section 148S.

previous chief executive ...

principal registrar see section 148S.

proceeding see section 148S.

professional firefighting experience means significant knowledge of and practical experience in each of the following, obtained by employment as a firefighter in QFR or a fire service (however called) in another State or New Zealand that is equivalent to QFR—

(a)responding to, combating and managing structural fires, bushfires, and incidents involving hazardous materials;

(b)carrying out specialist and technical rescues;

(c)responding to and managing disasters.

protected area means a protected area under the Nature Conservation Act 1992, and includes an area that is, or includes, a critical habitat identified in a conservation plan under that Act.

public sector disciplinary law ...

QFES ...

QFR see section 8(1).

Queensland Fire Service ...

registrar of titles means the registrar of titles under the Land Title Act 1994.

relevant disciplinary ground ...

relevant disciplinary law ...

relevant disciplinary provision ...

relevant employee ...

relevant ES unit ...

residential land, for chapter 4A, part 4, division 5A, see section 147W.

RFSQ see section 8(2).

risk of overcrowding, for chapter 4A, part 4, division 3A, see section 147C.

rural fire brigade means an entity registered as a rural fire brigade under section 135.

rural fire brigade member means a person appointed as a member of a rural fire brigade under section 136.

rural firefighting experience means significant knowledge of and practical experience in responding to, combating and managing bushfires.

rural fire prevention expertise means significant knowledge of and practical experience in mitigation and prevention of bushfires in rural environments that are susceptible to bushfires, including in relation to—

(a)land management practices; and

(b)community education and engagement.

rural incident control expertise means significant knowledge of and practical experience in the control of bushfires and disaster-related events.

serious disciplinary action ...

service, for chapter 4A, part 6, see section 148X.

SES ...

SES coordinator ...

SES function ...

SES member ...

SES unit ...

SES vehicle ...

smoke alarm information, for chapter 4A, part 4, division 5A, see section 148J.

smoke alarm requirement provision, for chapter 4A, part 4, division 5A, see section 147W.

sole-occupancy unit in a class 2 building, for chapter 4A, part 4, division 5A, see section 147W.

structural fire means a fire that threatens the structural integrity of a building.

tenancy, for chapter 4A, part 4, division 5A, see section 147W.

tenant, for chapter 4A, part 4, division 5A, see section 147W.

the fire services see section 8(4).

transfer date, for residential land, for chapter 4A, part 4, division 5A, see section 147W.

transferee, for residential land, for chapter 4A, part 4, division 5A, see section 147W.

transferor, for residential land, for chapter 4A, part 4, division 5A, see section 147W.

urban district ...

vegetation includes trees, plants, grass and any other vegetable growth, whether alive or dead, standing or not standing, or cultivated or not cultivated.

vehicle means a vehicle within the meaning of the Transport Operations (Road Use Management) Act 1995 but also includes a tram or train.

vessel means a vessel within the meaning of the Transport Operations (Road Use Management) Act 1995.

Schedule 3 [Expired]

Schedule 4 [Repealed]

1   [Repealed]

2   [Repealed]

3   [Repealed]

4   [Repealed]

5   [Repealed]

6   [Repealed]

7   [Repealed]

8   [Repealed]

9   [Repealed]

10   [Repealed]