Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 128

128. (1) Except to the extent that it is otherwise provided by an arrangement
under regulation 129, the officer in charge of a Rescue and Fire
Fighting Service shall take charge of any operation for which the Service is
responsible under regulation 127.

(2) Where the officer in charge of a Rescue and Fire Fighting Service has
taken charge of an operation in accordance with subregulation (1), the
officer:

   (a)  may give such directions as the officer thinks proper for the purpose
        of carrying out the operation to:

        (i)    members of the Rescue and Fire Fighting Service;

        (ii)   members of a State fire brigade who are taking part in the
               operation in accordance with an arrangement under regulation
               129; or

        (iii)  persons who have voluntarily placed their services at his or
               her disposal; and

   (b)  may take such measures as the officer thinks proper for the purpose of
        carrying out the operation.

(3) Without limiting the generality of paragraph (2) (b), the officer in
charge of a Rescue and Fire Fighting Service who has taken charge of an
operation in accordance with subregulation (1) may, for the purpose of
carrying out the operation:

   (a)  by force or otherwise, enter, take possession of, use, pull down,
        sink, damage, remove or destroy any premises, aircraft or other
        property;

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

   (c)  use, without payment, any convenient supply of water and shut off
        water from a main or pipe to obtain a greater pressure or supply of
        water;

   (d)  shut off or disconnect the supply of electricity to any premises;

   (e)  remove from any land, premises or aircraft any inflammable, explosive
        or dangerous material;

   (f)  order a person to leave any land, premises or aircraft;

   (g)  remove to such place as the officer thinks proper a person or thing
        the presence of whom or which is, in his or her opinion, interfering
        with, or threatening to interfere with, the operation;

   (h)  take a fire engine or other fire appliance through, over or upon any
        land or premises;

        (i)    shore up, pull down or destroy a wall or building that, in his
               or her opinion, is damaged or made insecure or may be dangerous
               to person or property; and

   (j)  direct or authorise the doing by:

        (i)    a member of the Rescue and Fire Fighting Service;

        (ii)   a member of a State fire brigade who is taking part in the
               operation in accordance with an arrangement under regulation
               129; or

        (iii)  a person who has voluntarily placed his or her services at the
               disposal of the officer in charge;
of any act or thing that the officer in charge is, under this regulation,
empowered to do.

(4) Where:

   (a)  a member of a Rescue and Fire Fighting Service or a member of a State
        fire brigade taking part in an operation in accordance with this
        regulation is of the opinion that, for the purpose of carrying out the
        operation, it is necessary or desirable to do an act or thing set out
        in paragraph (3) (a), (b), (c), (d), (e), (f) or (h); and

   (b)  it is not practicable for the member to request authority under
        paragraph (3) (j) for the doing of that act or thing; the member may
        do that act or thing without that authority.