Clause 13

by deleting the words “the safety of persons in the premises cannot reasonably be ensured by other means” in subsection (1) and substituting the words “it is necessary for the safety of persons that the premises should be closed immediately”;

by deleting the words “forthwith to close the premises” in subsection (1)(a) and substituting the words “to close the premises immediately”;

by deleting the word “forthwith” in subsection (1)(b) and substituting the word “immediately”;

by inserting, immediately after subsection (1), the following subsections:“(1A) The Commissioner may exercise the powers under subsection (1)(a) or (b) in respect of the occurrence of a fire hazard, whether or not the fire hazard has been abated since the service of a fire hazard abatement notice on the owner or occupier of the premises under section 13, if —

within the 24 months immediately before that fire hazard arose, the same owner or occupier of the premises (as the case may be) had been convicted of any combination of 3 or more offences under subsection (8) or section 13(4), 16(5) or 17(3) in respect of the premises, whether or not any of those offences related to a fire hazard similar to that fire hazard;

the Commissioner is satisfied that it is necessary for the safety of persons for the premises to be closed immediately; and

the Commissioner has not previously exercised the powers under this subsection in respect of the same occurrence of the fire hazard.(1B) The period of 24 months referred to in subsection (1A)(a) shall not start on a date earlier than the date of commencement of section 13(d) of the Fire Safety (Amendment) Act 2013.”;

by inserting, immediately after the words “subsection (1)” in subsections (2), (3), (5) and (7), the words “or (1A)”; and

by deleting subsection (8) and substituting the following subsections:“(8) Any person who, without reasonable excuse, fails to comply with any closing order given by the Commissioner under subsection (1) or (1A) or the order made by the Magistrate’s Court under subsection (6) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and

in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.(9) In considering whether it is necessary for the safety of persons for the premises to be closed immediately or whether a danger has been alleviated, in relation to the application of this section to a fire hazard, the Commissioner or the Magistrate’s Court (as the case may be) may consider whether —

that fire hazard is likely to recur in or on the premises; and

that fire hazard, if it were to recur in or on the premises, would —

constitute an immediate or substantial danger of fire in or on the premises; or

be likely, if a fire breaks out in or on the premises, to increase the normal risk to life which occurs in the event of a fire.”.