Clause 10
Amendment of section 26
of Civil Defence Shelter and Fire Safety (Miscellaneous Amendments) Bill
In the FS Act, in section 26 —
in the section heading, replace “to cause, etc., specified fire hazard” with “of building to cause, etc., certain fire hazards”;
in subsection (1), replace “or omits to do anything that” with “any act which”;
after subsection (2), insert —“(2A) An owner or occupier of any building commits an offence if the owner or occupier causes, or does any act which is likely to cause —
the obstruction of any access road, accessway or other installation that is provided, used or designed to be used for the purpose of providing access to the building in order to extinguish, attack, prevent or limit a fire in or at the building; or
the obstruction of or any interference with the normal operation of any fire safety measure in the building such as might prevent or impede the timely and effective use of the fire safety measure.
An owner or occupier of any building commits an offence if the owner or occupier knows or ought to know that —
there is an obstruction as described in subsection (2A)(a) in relation to the building; or
an obstruction as described in subsection (2A)(a) in relation to the building is likely to occur,but does not take reasonable steps to remove the obstruction or prevent the obstruction from occurring, as the case may be.
An owner or occupier of any building commits an offence if the owner or occupier knows or ought to know that —
there is an obstruction or interference as described in subsection (2A)(b) in relation to the building; or
an obstruction or any interference as described in subsection (2A)(b) in relation to the building is likely to occur,but does not take reasonable steps to remove the obstruction or bring the interference to an end or prevent the obstruction or interference from occurring, as the case may be.”; and
replace subsection (4) with —“(4) The offences under subsections (1) and (2A) are strict liability offences.”.