Hansard - ACT Legislative Assembly

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Legislative Assembly for the ACT: 1995 Week 11 Hansard (14 December) . . Page.. 3061 ..

MR HUMPHRIES (continuing):

`(2) An application shall be supported by an affidavit setting out the grounds for believing that -

(a) the premises or part of the premises;

(b) anything upon the premises;

(d) the use to which the premises are or are likely to be put; or

(e) the number of persons who are likely to be on the premises at any time;

`(2A) The occupier of the premises to which an application relates is the respondent to the application.

`(2B) Where, on an application for an order for the issue of a closure notice in respect of premises, the Magistrates Court is satisfied that the gravity of the risk is such that the notice sought should be issued forthwith, the Court may make an interim order for the issue of such a notice whether or not a copy of the application and of the supporting affidavit have been served on the respondent.

`(2C) An interim order may be made ex parte.

`(2D) Jurisdiction is conferred on the Magistrates Court to hear and determine an application under this section.'.".

Page 5, line 2, clause 6, proposed new paragraph 12AG(1)(b), omit "variation or revocation, as the case requires,", substitute "revocation".

Page 5, line 12, clause 6, proposed new section 12AH, omit "vary or revoke", substitute "make an order for the variation or revocation of".

Page 2, line 14, clause 7, omit the clause.

The substantial effect of these amendments is to remove from the Bill the proposed provisions which would have enabled occupancy improvement and closure notices to be issued by the chief fire officer without the occupier of the premises to which the notice relates having an opportunity to be heard prior to the issue of the notice.

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