Queensland Numbered Acts

EMERGENCY SERVICES LEGISLATION AMENDMENT ACT 2008 No. 64 - SECT 21

After section 146--

omit, insert--

'(1) A person must not--

(a) request that the service provide a fire and rescue service at a place unless a fire and rescue service is required at the place; or

(b) give a false alarm of fire.

Maximum penalty--

(a) if the offence is committed during a state of fire emergency at a place to which the declaration of emergency applies--250 penalty units or 1 year's imprisonment; or

(b) otherwise----100 penalty units or 1 year's imprisonment.

'(2) For subsection (1), a request may be made orally, in writing or by conduct.

Example of conduct being a request that the service provide a fire and rescue service at a place--

activation of a break-glass fire alarm

'(3) An infringement notice under the State Penalties Enforcement Act 1999 may be issued to a person for a contravention of subsection (1) only if an investigation officer--

(a) has investigated any lawful excuse of the person; and

(b) is satisfied the person does not have a lawful excuse.

'(4) In this section--

fire and rescue service means protection or rescue by the service--

(a) of persons, property and the environment from fire and hazardous materials emergencies; or

(b) of persons trapped in a vehicle or building or otherwise endangered.'.