South Australian Numbered Acts

FIRE AND EMERGENCY SERVICES (MISCELLANEOUS) AMENDMENT ACT 2020 (NO 8 OF 2020) - SECT 7

7—Amendment of section 38—Closure orders etc

        (1)         Section 38(1)(a)—delete paragraph (a) and substitute:

            (a)         may issue a closure order requiring the occupier of the building to close the building immediately; or

        (2)         Section 38(1)(b)—delete "for such period as the Chief Officer or authorised officer considers necessary (but not exceeding 48 hours) for the alleviation of the danger" and substitute:

by giving all people present in the building an order to leave the building and, on being satisfied that all such persons have left the building, securing the building to prevent entry by any persons (other than persons authorised to enter the building by the Chief Officer or an authorised officer)

        (3)         Section 38(2)—delete subsection (2) and substitute:

        (2)         A closure order under subsection (1)(a)—

            (a)         may be given orally or by notice in writing served on the occupier of the building; and

            (b)         ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order).

        (2a)         An order given to people present in the building under subsection (1)(b)—

            (a)         may be given by affixing a written notice containing the order in a prominent place near the main entrance to the building; and

            (b)         ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order).

        (4)         Section 38(4)—after "building" second occurring insert:

(whether or not an order is also given to people present in the building under subsection (1)(b))

        (5)         Section 38(5)—delete subsection (5) and substitute:

        (5)         The written notice containing a closure order—

            (a)         must describe the danger that, in the opinion of the Chief Officer or authorised officer, necessitates closure of the building; and

            (b)         ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order).

        (6)         Section 38(6)—after " section 71(18) of the Development Act 1993

" insert:

or section 157(16) of the Planning, Development and Infrastructure Act 2016

        (7)         Section 38(7)—after "order" insert:

(not being an order granted by the Magistrates Court under subsection (9))

        (8)         Section 38(8)—delete "specified in the order, he or she may, after having given prior notice of his or her" and substitute:

for which the order applies, the Chief Officer or authorised officer may, after having given prior notice of the