F&E Act 1990 Questions Flashcards
Section 53 Powers of an Authorised Fire Officer in Dangerous Situations
An authorised fire officer may take any reasonable measure—
(a) to protect persons, property or the environment from
danger or potential danger caused by a fire or a
hazardous materials emergency; or
(b) to protect persons trapped in any premises or otherwise
endangered.
An Authorized Officer in a dangerous situation may for the reasons of protecting/ Rescuing Persons Do any of the following;
(a) enter any premises; ACCESS
(b) open any receptacle, using such force as is reasonably
necessary; BREAK IN
(c) bring any apparatus or equipment onto premises; CARRY
(d) DESTROY, damage, remove or otherwise deal with any
vegetation or any other material or substance,
flammable or not flammable;
(e) destroy (wholly or in part) or damage any premises or
receptacle;
(f) shore up any building; FIX
(g) close any road or access, whether public or private; GATE
(h) shut off the supply of water from any main, pipe or other
source to obtain a greater pressure or supply or take HYDRANT
water from any source whether natural or artificial;
(i) cause to be shut off or disconnected the supply of gas, IGNITION
electricity or any other source of energy to any premises
or area;
(j) require any person who, in the opinion of the authorised
fire officer, is— JUDGE
(i) the occupier of premises, being the site of or near
to the site of the danger; or
(ii) in charge of anything that is the source of the
danger or likely (in the opinion of the officer) to
increase the danger;
to take any reasonable measure for the purpose of
assisting the officer to deal with the danger or answer
any question or provide any information for that
purpose;
(k) require any person not to enter or remain within a
specified area around the site of the danger; KEEP OUT
(l) remove from any place a person who fails to comply
with an order given pursuant to paragraph (k) and use
such force as is reasonably necessary for that purpose; LOAD UP
(m) if unable to identify the person entitled to possession of
property found at or near the site of the danger, take
possession of the property and retain it for safe custody. MIND
Who pays for the shoring of a building after an exercise of the powers?
The owner of the building
Who is liable for the interruption of supply of as, electricity or water during the time of the powers enacted?
No one
54 Disposal of property
The property is t be returned to the owner/occupier of the property as soon as reasonably practicable
If the owner cannot be positively identified then the property will be retained in accordance to QFES Policy & Procedure.
The property must be able to be claimed within 6 months of the incident
55 Powers of authorised fire officer for preventative or
investigative purposes
At any time an authorised fire officer may enter any premises
or open (using such force as is reasonably necessary) any
receptacle for any of the following purposes—
(a) PREVENT or reduce the likelihood of, the occurrence of
a fire or a hazardous materials emergency;
(b) INVESTIGATE whether or not FIRE SAFETY PLANs and
fire prevention measures, including the implementation
of a fire safety management plan as required under
part 9A, have been taken or are being maintained;
(c) ascertain the CAUSE of a fire or hazardous materials
emergency;
(d) to ascertain whether any provision of this Act or any
notice, notification, order (written or verbal) or permit
given under this Act has been or is being complied with;
55 (INVESTIGATIVE/ PREVENTATIVE PURPOSES) (2) The power of entry conferred by subsection (1) must not be
exercised in respect of—
(a) a building that is a dwelling or such part of a building as
is a dwelling; or
(b) a vehicle or vessel used as a dwelling; or
c) a tent or other structure used as a dwelling;
unless the occupier has given approval to enter or unless entry
is made during or in the aftermath of a fire or hazardous
materials emergency occurring at the dwelling, for the
purpose of ascertaining its cause.
(Excluding budget accommodation for purposes of checking if the fire safety management plan is being adhered to)
55 (INVESTIGATIVE/ PREVENTATIVE PURPOSES
3) An authorised fire officer who enters premises under this
section for reason of INVESTIGATION?PREVENTION
May take the following ACTIONS
(a) DESTROY burn, remove or otherwise deal
with any vegetation or other material or substance
whether flammable or inflammable at the premises; or
(b)
(i) SEARCH any part of the premises; or
(ii) INSPECT, measure, test, photograph or film any part
of the premises or anything at the premises; or
(iii) TAKE a thing, or a sample of or from a thing, at the
premises for analysis or testing; or
(iv) copy a document at the premises; or
(v) make inquiries or conduct surveys and tests; or
(vi) take into or onto the premises any persons,
equipment and materials the authorised fire officer
reasonably requires for exercising a power under
this part.
Section 56 Extent of Entry
Where and how far are we able to investigate the building under the premise of sections 53 & 55?
enter all parts of the premises for
which the right is exercised; and
to use a
reasonable degree of force
Section 56A Power to Seize Evidence ETC
fire officer who enters premises under
section 55 may seize a thing at the premises if
The thing is an evidence of offending the act
If the thing has been used to offend this act
If the thing may become destroyed or lost
If the thing being seized will prevent a dangerous situation
60A Decontamination
An authorised fire officer may ask a person the authorised fire
officer is satisfied may be, is, or may have been affected by a
chemical substance, to agree to undergo decontamination.
(2) The person may agree or refuse to agree to the request.
(3) If the person agrees, it is lawful for the authorised fire officer
to take the steps the authorised fire officer considers
reasonably necessary to decontaminate the person,
59 Persons Acting under direction of a fire officer
Any power conferred upon an authorised fire officer may be
exercised by any person acting at the direction of an
authorised fire officer and any power so exercised is taken to
have been exercised by an authorised fire officer.
58A Reasonable Assistance To Be Provided
An authorised fire officer who enters any premises under this
part may require any person having responsibilities in relation
to the premises; to provide the officer with such facilities and assistance with activities at the incident
The person must comply unless they have reasonable excuse
The reason for not complying being that it may incriminate the person is not a reasonable excuse
57 Power to require name and address
If the person is found committing an offence
If the person is found in a circumstance that leads an officer to believe the person has just committed an offence
the person may have information about an offence being committed
They must provide their full name and residential address and proof if asked.
56B Having seized a thing, an authorized officer may;
Move the thing from its place of seizure
Leave the thing on the premise but restrict access to it
A person may not tamper with the thing once seized without the officers approval
