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COUNTRY FIRE AUTHORITY ACT 1958 - SECT 41B

Objection to notices



S. 41B(1) amended by No. 5/2012
s. 31(1).

    (1)     A person on whom a fire prevention notice has been served may lodge a written objection with the fire prevention officer within 7 days of the service of the notice stating the grounds of objection.

S. 41B(2) substituted by No. 5/2012
s. 31(2).

    (2)     If—

        (a)     a person lodges an objection in accordance with subsection (1); and

        (b)     the fire prevention officer considers the grounds of objection to be reasonable—

the fire prevention officer must consult with the person and make a genuine attempt to resolve the matter that is the subject of the fire prevention notice.

    (3)     Within 14 days of the lodging of an objection the fire prevention officer must—

        (a)     confirm the notice; or

        (b)     vary the notice, if the fire prevention officer is satisfied that the variation will appropriately address the threat of fire; or

        (c)     withdraw the notice, if the fire prevention officer is satisfied that there is no longer any case for the notice to be served.

    (4)     If the fire prevention officer confirms or varies the notice he or she must specify a new time within which the person must comply with the notice.

    (5)     In sections 41D and 41E, "fire prevention notice" includes a fire prevention notice as confirmed or varied in accordance with this section.

S. 41C inserted by No. 8257 s. 10, amended by Nos 43/1987
s. 12, 12/1989 s. 4(1)(Sch. 2 items
17.17–17.19), 50/1989 s. 15, substituted by No. 2/1995
s. 5.



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