Victorian Current Acts Victorian Current Acts(1) This section applies if a fire brigade in the country area of Victoria responds to a false alarm of fire at a premises given by or originating from—
(a) an automatic fire alarm system; or
(b) equipment designed to detect a fire or other emergency conditions and transmit a signal of that detection.
(2) The Authority may, by written notice, require the owner, occupier or owners corporation of the premises to provide details of the circumstances of the false alarm to the Authority.
(3) A person who receives a notice under subsection (2) may provide the Authority with an explanation of the circumstances of the false alarm of fire and any information supporting the explanation including maintenance and testing records.
(4) The Authority is not required to consider an explanation given by a person under subsection (3) unless it is—
(a) in writing; and
(b) provided to the Authority within 14 days after the person has received the notice under subsection (2).
(5) After the expiry of the period provided under subsection (4)(b) for the provision of an explanation, the Authority must consider whether or not there was a reasonable excuse for the occurrence of the false alarm having regard to—
(a) subject to subsection (4), any explanation and information provided by the person under subsection (3); and
(b) any report of the officer in charge of the fire brigade who attended at the false alarm at the premises; and
(c) the history of any attendances at the premises; and
(d) any other information that the Authority considers is relevant.
(6) If, after considering the matters referred to in subsection (5), the Authority is not satisfied that there was a reasonable excuse for the occurrence of the false alarm of fire, the Authority may by written notice require the person to whom the notice under subsection (2) was given to pay to the Authority the fees and charges prescribed for the attendance of the fire brigade in response to the false alarm.
(7) A person who receives a notice under subsection (6) may apply to VCAT for review of the decision of the Authority to issue the notice.
(8) An application under subsection (7) for a review must be made within 28 days after the later of—
(a) the day on which the applicant is notified of the decision; or
(b) if, under the Victorian Civil and Administrative Tribunal Act 1998 , the applicant requests a statement of reasons for the decision—the day on which—
(i) the statement of reasons is given to the applicant; or
(ii) the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.
(9) This section does not apply in relation to an industry brigade.
No. 5040 s. 23.