103B. Provision of space to install prescribed civil defence emergency devices

Amended

Last amended by an amending law of 2018.

(1)

The Commissioner may by direction require the owner of any relevant premises to provide, at the owner’s expense and within such period as may be specified in the direction —

(a)

such space or facility within or on the premises specified in the direction; and (b)access to the premises,as will substantially assist the Commissioner in installing a prescribed civil defence emergency device.

(2)

To avoid doubt, the Commissioner may give a direction under subsection (1) even though the direction may prejudice the contractual obligations of the owner or occupier of the premises, whether the obligation relates to a contract made before, on or after 1 February 2019.

(3)

No liability shall lie against any party to a contract made before, on or after 1 February 2019 for or in relation to, any breach of the contract where the breach is solely attributable to, or occasioned by, the compliance by that party with any direction of the Commissioner under subsection (1).

(4)

Subsection (3) does not affect the operation of the Frustrated Contracts Act 1959.

(5)

The Commissioner may at any time vary, suspend or revoke the whole or any part of a direction under subsection (1).

(6)

Any owner who contravenes any direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.