Northern Territory Numbered Regulations

FIRE AND EMERGENCY AMENDMENT REGULATIONS 2005 (NO 47 OF 2005) - REG 13

    (1)     If a police officer or an authorised member has reason to believe that an offence specified in Schedule 3 has been committed, the officer or member may –

    (a)     require the offender to provide his or her name, address and date of birth; and

    (b)     serve on the offender an infringement notice.

    (2)     A person who is required under subregulation (1) to provide information must comply with the requirement and not give false or misleading information.

    Penalty:     100 penalty units.

11.     New regulations 18A and 18B

After regulation 18 in Part 3 –

insert

18A.     Enforcement of infringement notices

    (1)     The Fines and Penalties (Recovery) Act applies in relation to an infringement notice issued under regulation 13 if the amount payable under the infringement notice is not paid within the specified time.

    (2)     The Director is an enforcement agency for the Fines and Penalties (Recovery) Act .

18B.     Withdrawal of infringement notice

    (1)     An infringement notice issued under regulation 13 may be withdrawn, at any time within 28 days after the notice is served, by addressing to the offender a notice of withdrawal.

    (2)     A notice of withdrawal must state that the infringement notice is withdrawn and that any money paid by way of penalty under the notice will be refunded.

    (3)     A notice of withdrawal may be issued by –

    (a)     the member or police officer who served the infringement notice;

    (b)     a police officer authorised for the purpose by the Commissioner; or

    (c)     a member authorised for the purpose by the Director.

    (4)     A notice of withdrawal may be served on the offender in any manner that an infringement notice may be served under regulation 14.

    (5)     If an infringement notice is withdrawn for the purpose of prosecuting the offender for the offence, the production of a certificate signed by the member or the police officer who issued the notice of withdrawal is evidence of the following matters stated in the certificate:

    (a)     the member or officer is authorised to issue notices of withdrawal;

    (b)     on a specified date the member or officer issued a notice of withdrawal of a specified infringement notice.

12.     Repeal of regulations 20 and 21

Regulations 20 and 21 –

repeal

13.     Amendment of Schedule 3

    Schedule 3, items relating to regulation 12(2)(a), (b) and (e) –

omit, substitute

Regulation 5	Fail to stack flammable or combustible material in prescribed manner	300
Regulation 6	Fail to stack timber or wood in prescribed manner	300
Regulation 7	Fail to stack bulk flammable or combustible material in prescribed manner	300
Regulation 7A	Fail to stack tyres in prescribed manner	300
Regulation 8	Fail to have flue inspected or cleaned as prescribed	300
Regulation 9(1)	Fail to ensure fire extinguisher is accessible or protective screens used	300
Regulation 9(2)	Fail to contain and extinguish welding dross or residue	300
Regulation 10	Fail to provide containers as prescribed	300
Regulation 11(1)	Fail to ensure prescribed instruction is given	500
Regulation 11(3)	Fail to keep prescribed register	500
Regulation 11(4)	Fail to produce register on demand	500
Regulation 11(5)	Fail to ensure prescribed requirements of safety systems	500
Regulation 11(6)(a)	Fail to ensure exit lights, emergency lighting and fire-fighting equipment are maintained as prescribed	500
Regulation 11(6)(b)	Fail to ensure fire exits not obstructed	500
Regulation 11(6)(c)	Fail to ensure combustible material not stored in or near stairways	500
Regulation 11(6)(d)	Fail to ensure fire exits fitted with (and only with) complying locking devices	500
Regulation 11(6)(e)	Fail to ensure maximum number of persons not exceeded	500
Regulation12(1)	Fail to leave space between caravans and cabins, buildings or boundary of caravan park	300
Regulation 12(2)	Fail to ensure access for fire-fighting vehicles in caravan park	300
Regulation 12(5)	Permit flammable or combustible material to accumulate in caravan park	300
Regulation 12(6)(c)	Fail to provide emergency management plan to all residents or display plan	300