Victorian Current Acts

COUNTRY FIRE AUTHORITY ACT 1958 - SECT 41A

    (1)     A fire prevention notice may be served on an owner or occupier—

        (a)     by giving it to or serving it personally on the owner or occupier; or

        (b)     by sending it by post to the owner or occupier at that person's usual or last known residential or business address; or

        (c)     by leaving it at the usual or last known residential or business address of the owner or occupier with a person on the premises who is apparently at least 16 years old and apparently residing or employed there; or

        (d)     in a manner prescribed by any other Act or law for service on a person or class of persons of the same type as the owner or occupier.

    (2)     If the fire prevention officer—

        (a)     does not know who the owner or occupier of any land is; or

        (b)     does not know the residential or business address of the owner or occupier; or

        (c)     believes that the owner or occupier is absent from Victoria and has no agent in Victoria known to the officer—

the fire prevention notice may be served in accordance with subsection (3).

    (3)     If subsection (2) applies, a fire prevention notice may be served—

        (a)     by displaying it on the land; and

        (b)     by publishing a notice, in the prescribed form and containing the prescribed particulars, in a newspaper circulating generally in the municipal district.

    (4)     A notice served under subsection (3) is sufficient notice to the owner or occupier from the date of display or publication, whichever is later.

    (5)     Unless a fire prevention notice is withdrawn or cancelled, the costs of serving the notice (including reasonable administrative, labour and overhead costs and expenses incurred) may be recovered from the person on whom it was served—

        (a)     if the notice was served by a fire prevention officer, by the relevant municipal council;

        (b)     if the notice was served by the Chief Officer, by the Authority.

S. 41B inserted by No. 8257 s. 10, amended by Nos 10004
s. 11(a)(b), 10149
ss 12(c)(i)(ii) (d), 21(1)(e) (as amended by No. 10173 s. 4), 12/1989 s. 4(1)(Sch. 2 items 17.15, 17.16), 57/1989 s. 3 (Sch. item 36.2), substituted by No. 2/1995
s. 5.