9. Offences relating to fire hazard abatement notice
(1) A person on whom a fire hazard abatement notice is served commits an offence if that person fails to comply with a requirement of the notice within the period specified in the notice and shall (whether or not a fire hazard order has been made in respect of him) be liable on conviction to a fine at level 6 and to a further fine of $10,000 for each day during which the offence continues.
(2) If the person on whom a fire hazard abatement notice is served causes, permits or suffers the fire hazard to recur at any time within a period of 12 months after the date of service of the notice, the person commits an offence and shall be liable on conviction to a fine at level 6 and to a further fine of $10,000 for each day during which the offence continues.
PART 2
Fire Hazard Order and Prohibition Order
10. Fire hazard order
(1) A magistrate may, at any time after a person is convicted of an offence under section 9, either on application by the Director or on the magistrate’s own initiative, make a fire hazard order in the form of Form 2 in Schedule 1 in respect of that person.
(2) Notwithstanding subsection (1), whether or not a person on whom a fire hazard abatement notice is served has been convicted of an offence under section 9, a magistrate may, on application by the Director, make a fire hazard order in respect of that person if the Director proves to the satisfaction of the magistrate—
- (a) that the person has failed to comply with a requirement of the notice within the period specified in the notice; or
- (b) that the fire hazard, whether or not it has been abated since the service of the notice, has recurred, or is continuing.
(3) A fire hazard order may provide for any or any combination of the following matters—
- (a) require a person to comply with all or any of the requirements of a fire hazard abatement notice in relation to which the order is made, or otherwise to abate the relevant fire hazard within the period specified in the order;
- (b) require a person to do what may be necessary to prevent the recurrence of the relevant fire hazard within the period specified in the order;