Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.915

Powers of officer in charge or firefighter

  (1)   In this regulation:

"firefighter" , in relation to an ARFFS operation for an aerodrome, means:

  (a)   somebody employed as a firefighter by the ARFFS provider for the aerodrome; or

  (b)   a member of a fire brigade, or of a rescue or fire fighting service, who is taking part   in the operation in accordance with an arrangement made with such a brigade or service.

"officer in charge" , in relation to an ARFFS operation for an aerodrome, means:

  (a)   the person appointed under regulation   139.773 as officer in charge of ARFFS operations at the aerodrome; or

  (b)   if, in accordance with an arrangement made with a fire brigade, or a rescue or fire fighting service, the person in control of the operation is a member of such a brigade or service--that person.

"volunteer" , in relation to an ARFFS operation, means somebody who has volunteered to help in the operation under the direction of the officer in charge.

  (2)   For an ARFFS operation for an aerodrome under this Subpart, the officer in charge may:

  (a)   give directions that he or she thinks proper to firefighters and volunteers under his or her control; and

  (b)   take measures that he or she thinks proper.

  (3)   Without limiting paragraph   (2)(b), the officer in charge may do the following things for the purpose of the ARFFS operation:

  (a)   enter   (by force, if necessary), take possession of and deal with in any appropriate way, premises, an aircraft or other property;

  (b)   close a road or other thoroughfare to traffic;

  (c)   use a convenient water supply (including shutting off water supply from a main or pipe to obtain greater pressure or supply);

  (d)   disconnect electricity supply to premises;

  (e)   remove flammable, explosive or other dangerous material from premises, an aircraft or other property;

  (f)   order a person to leave premises, an aircraft or other property;

  (g)   remove from the vicinity of the operation a person or thing the presence of whom or which is interfering, or is likely to interfere, significantly with the operation;

  (h)   take a fire engine or other fire appliance onto land or premises;

  (i)   shore up or destroy a wall or building that is insecure or may be dangerous to persons or property;

  (j)   direct or authorise a firefighter or a volunteer to do something that, under this regulation, the officer may do.

  (4)   For an ARFFS operation, a firefighter may do something mentioned in paragraph   (3)(a), (b), (c), (d), (e), (f) or (h) without authorisation under paragraph   (3)(j) if there are reasonable grounds for believing that, for the operation:

  (a)   it is necessary or desirable to do the thing; and

  (b)   it is not practicable for him or her to get authorisation to do so.

  (5)   A person is guilty of an offence punishable by a fine of 10 penalty units if he or she fails to comply with:

  (a)   a direction of the officer in charge under paragraph   (3)(f); or

  (b)   a direction of the kind mentioned in that paragraph, given by a firefighter or volunteer, if:

  (i)   the firefighter or volunteer has been authorised under paragraph   (3)(j) by the officer in charge to give it; or

  (ii)   the conditions in paragraphs   (4)(a) and (b) are satisfied in relation to the direction.



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