Fire and Emergency Act 1996

(a) has responsibility for extinguishing or controlling the fire or dealing with the emergency; and

(b) has command of the members at the fire or other emergency and the equipment available to those members; and

(c) has the powers and functions that are conferred or imposed on an incident commander by or under this Act.

(2) At an incident there must be one incident commander who is, subject to subsection (3):

(a) the member of the highest rank or designation within the command structure of the Fire and Rescue Service who first attends at a fire or other emergency; or

(b) a member of a higher rank or designation who subsequently attends the fire or emergency and assumes command at the fire or emergency; or

(c) a member to whom the powers and functions of the incident commander are transferred.

(3) The Commissioner may appoint a person, including a person exercising powers or performing functions under a law of a State relating to dealing with fires or other emergencies in that State, to be an incident commander.

(4) An appointment under subsection (3) may be made for any one or more of the following:

(5) An appointment under subsection (3) may be subject to such conditions, if any, as the Commissioner thinks fit.

(6) A person appointed under subsection (3) is, subject to the person's appointment, the incident commander in relation to a fire or other emergency to which the person's appointment relates, but nothing in this subsection prevents the Commissioner from appointing another person in place of the incident commander at a fire or other emergency.

(a) in subsection (2)(b) prevents a second or subsequent member assuming command at a fire or other emergency in accordance with that paragraph; or

(b) in subsection (2)(c) prevents a member to whom the powers and functions of the incident commander are transferred, transferring those powers and functions to another member.