2010
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY OF AUSTRALIA
MINISTER FOR POLICE, FIRE AND EMERGENCY SERVICES
FIRE AND EMERGENCY AMENDMENT ACT 2010
SERIAL NO. 129

EXPLANATORY STATEMENT

GENERAL OUTLINE
The purpose of the Bill is to amend the Fire and Emergency Act to improve the administration of the Act by making provision for an increase in certain fees and the introduction of new fees and charges for various services provided by Fire and Rescue Services. Other ancillary amendments are included.

NOTES ON CLAUSES
Clause 1	Short Title
	Describes the short title of the Bill.
Clause 2	Commencement
	The Act will commence on a date set by the Administrator by Gazette notice.
Clause 3	Act amended
	Provides that the Bill amends the Fire and Emergency Act.
Clause 4	Section 3(1)
	This clause inserts a definition “approved form” into the Interpretation provision. An “approved form” means a form approved under section 8A.
Clause 5	Section 5 amended
	This clause amends section 5(2) of the Act by omitting and substituting the sub-section. Section 5(2) provides that Fire and Rescue Services is an Agency for the purposes of the Public Sector Employment and Management Act and the Commissioner of Police is the Chief Executive Officer of the Agency. 
	Section 5(2)(b) is inserted as section 56(5) is to be repealed.

Clause 6	Section 8A inserted.
	This clause inserts a new section 8A into the Act, authorizing the Director to approve forms for the purposes of the Act.
Clause 7	Section 10 replaced
	This clause repeals and substitutes section 10 of the Act relating to the Minister’s and the Director’s power of delegation. The amendment reflects the objects of section 46A of the Interpretation Act concerning the power of delegation.
Clause 8	Section 19 amended
	Clause 5 clarifies that the appointment of an incident commander under section 19 the Act may be made for one or more of the purposes specified in paragraphs (a) to (d).  The matters under section 19(1) are inclusive whereas the matters under section 19(2) are exclusive.
	Section 19(4)(c) is amended by deleting “and/or” from the provision as it is superfluous.
Clause 9	Section 25 amended
	Section 25(2)(b) is amended by replacing “occupier or owner (where there is no occupier)” with “owner or occupier”. This will improve the efficiency of the Director serving a notice requiring the person to take the specified action to eliminate or reduce the hazard.  
Clause 10 	Section 30 amended
	Sections 30(3)(a), (b) and (7) are amended.
	Section 30(3)(a) is amended by replacing “occupiers” with “owner or occupier”.
	Section 30(3)(b) replaces “an occupier who has been notified under paragraph (a)” with “the owner or occupier”.
	Section 30(7) replaces the opening words of the definition so that it will apply to all adjoining land and not just land held by an “occupier”.
Clause 11 	Section 43 replaced
	Section 43(3) is replaced to permit the prescribing of fees and charges under this or another Act in the Regulations as opposed to the current procedure where the fees are determined by the Minister by notice in the Gazette.
	In addition, the new provision will make the building or land owner principally responsible for the payment of a false call out in response to an alarm. However, an occupier is taken to be responsible for the payment of the fee for a false call out if the occupier has entered into an agreement with the Director for the monitoring of a fire alarm at the premises. The debt is recoverable as a debt due and payable to the Territory.
Clause 12	Section 46 repealed
	This clause repeals section 46 of the Act as it is redundant due to section 25 of the Interpretation Act.
Clause 13	Section 52 repealed
	Clause 8 replaces the general penalty for an offence under the Act. The quantum of the penalty for an individual remains unchanged at 100 penalty units or imprisonment for 2 years. 
	The repeal of the penalty for a corporation acknowledges that section 38DB of the Interpretation Act provides a penalty for a body corporate to be an amount equal to 5 times the penalty of an individual.
Clause 14	Section 53 replaced
	This clause repeals and substitutes section 53 of the Act to conform to section 38DB of the Interpretation Act.
Clause 15	Section 54 amended
	Amends section 54(1) and (2) by simplifying the wording of the sub-sections to meet current drafting practices.
	Amends section 54(2)(j) to conform to section 65 of the Interpretation Act.
Clause 16	Sections 55 and 56 repealed
	Sections 55 and 56 are redundant and are repealed.
Clause 17	Further amendments
	Clause 12 inserts a Schedule of further ancillary amendments.