South Australian Consolidated Acts

FIRE AND EMERGENCY SERVICES ACT 2005 - SECT 105K

105K—Review by Chief Officer

        (1)         In this section—

"compliance notice" means a notice under section 105F(5);

"relevant Chief Officer" means—

            (a)         in relation to a compliance notice that relates to land within a fire district—the Chief Officer of SAMFS;

            (b)         in relation to a compliance notice that relates to land outside a fire district—the Chief Officer of SACFS.

        (2)         A person to whom a compliance notice is issued may apply to the relevant Chief Officer for a review of the notice under this section.

        (3)         The application must be made within 14 days after the notice is served on the person unless the relevant Chief Officer, in his or her discretion, allows an extension of time.

        (4)         Subject to a determination of the relevant Chief Officer to the contrary in relation to the particular matter, the operation of a notice subject to a review is suspended until the review has been determined or withdrawn.

        (5)         The relevant Chief Officer must review the notice and, after taking into account such matters as the Chief Officer thinks fit, may—

            (a)         confirm, vary or revoke any requirement under the notice and, if appropriate, discharge the notice;

            (b)         substitute any requirement or notice that could have been made or given in the first instance;

            (c)         dismiss the matter;

            (d)         make any consequential or ancillary direction.

        (6)         If the relevant Chief Officer—

            (a)         confirms or varies a notice; or

            (b)         substitutes a requirement or notice,

the person to whom the notice or requirement is addressed must comply with the notice or requirement within a period specified by the Chief Officer.

Maximum penalty: $10 000.