Australian Capital Territory Repealed Acts

This legislation has been repealed.

FIRE BRIGADE ACT 1957 - NOTES

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
cl = clause	pres = present
def = definition	prev = previous
dict = dictionary	(prev...) = previously
disallowed = disallowed by the Legislative	pt = part
Assembly	r = rule/subrule
div = division	reg = regulation/subregulation
exp = expires/expired	renum = renumbered
Gaz = Gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This Act was originally a Commonwealth ordinance—the Fire Brigades Ordinance 1957 No 20 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day). It was later renamed by the Fire Brigade Ordinance 1974 (see s 1).

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25).

    Legislation before becoming Territory enactment

Fire Brigade Act 1957 No 20

notified 19 December 1957

commenced 1 January 1958

as amended by

Fire Brigades Ordinance 1958 No 16

notified 2 October 1958

commenced 2 October 1958

Fire Brigades Ordinance 1960 No 2

notified 30 June 1960

commenced 30 June 1960

Ordinances Revision (Decimal Currency) Ordinance 1966 No 19

notified 23 December 1966

commenced 23 December 1966

Fire Brigade Ordinance 1974 No 54

notified 25 November 1974

commenced 1 March 1975 (Cwlth Gaz 1975 No S37)

Magistrates Court Ordinance 1985 No 67

notified 19 December 1985

commenced 1 February 1986 (Cwlth Gaz 1986 No G3)

Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1

notified 10 May 1989 (Gaz 1989 No S160)

s 1, s 2 commenced 10 May 1989 (s 2 (1))

sch 1 commenced 11 May 1989 (s 2 (2) and Cwlth Gaz 1989 No S164)

    Legislation after becoming Territory enactment

Bushfire (Amendment) Act 1993 No 74 sch 2

notified 22 October 1993 (Gaz 1993 No S215)

sch 2 commenced 22 October 1993 (s 2)

Statute Law Revision (Penalties) Act 1994 No 81 sch

notified 29 November 1994 (Gaz 1994 No S253)

s 1, s 2 commenced 29 November 1994 (s 2 (1))

sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)

Fire Brigade (Amendment) Act 1994 No 109

notified 16 December 1994 (Gaz 1994 No S288)

commenced 16 December 1994 (s 2)

Fire Brigade (Amendment) Act 1995 No 57

notified 20 December 1995 (Gaz 1995 No S313)

commenced 20 December 1995 (s 2)

Environment Protection (Consequential Provisions) Act 1997 No 93 sch 2

notified 1 December 1997 (Gaz 1997 No S380)

s 1, s 2 commenced 1 December 1997 (s 2 (1))

sch 2 commenced 1 June 1998 (s 2 (3))

Statute Law Revision (Penalties) Act 1998 No 54 sch

notified 27 November 1998 (Gaz 1998 No S207)

s 1, s 2 commenced 27 November 1998 (s 2 (1))

sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

Legislation (Consequential Amendments) Act 2001 No 44 pt 150

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 150 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Justice and Community Safety Legislation Amendment Act 2003 A2003-2 pt 6

notified LR 3 March 2003

s 1, s 2 commenced 3 March 2003 (LA s 75 (1))

pt 6 commenced 4 March 2003 (s 2 (1))

as repealed by

Emergencies Act 2004 A2004-28 s 203

notified LR 29 June 2004

s 1, s 2 commenced 29 June 2004 (LA s 75 (1))

s 203 commenced 1 July 2004 (s 2 (1) and CN2004-11)

4     Amendment history

Title
title     am 1974 No 54

Name of Act
s 1 hdg     sub R6 LA
s 1     am 1974 No 54; R6 LA

Commencement
s 2     om 2001 No 44 amdt 1.1705

Relationship with Environment Protection Act 1996
s 3     sub 1997 No 93 sch 2

Interpretation for Act
s 4     def brigade ins 1974 No 54 s 4
    def built-up area ins 1994 No 109 s 4
    def chief officer ins 1974 No 54 s 4
    def closure notice ins 1995 No 57 s 4
    def fire brigade om 1974 No 54 s 4
    def flammable matter ins 1994 No 109 s 4
    def improvement notice ins 1995 No 57 s 4
    def inflammable matter om 1994 No 109 s 4
    def member of the fire brigade sub 1974 No 54 s 4
    def occupancy notice ins 1995 No 57 s 4
    def occupier ins 1994 No 109 s 4
    def owner sub 1994 No 109 s 4
    def the chief officer om 1974 No 54 s 4

Chief officer to advise
s 5     om 1974 No 54
    ins A2003-2 s 43

Arrangement with the Board of Fire Commissioners of NSW
s 5A     ins 1958 No 16
    om 1974 No 54

Appointment of the Chief Officer and other members of a fire brigade
s 6     am 1958 No 16
    om 1974 No 54

Powers and functions of chief officer and other persons at fires
s 7     am 1974 No 54; 1989 No 38; 1994 No 109

Control of bushfires
s 8     am 1993 No 74; 1994 No 109

Investigation of fires
s 10     am 1974 No 54

Inspection of premises
s 11     am 1974 No 54; 1995 No 57

Offences
s 12     am 1966 No 19; 1974 No 54; 1994 No 81; 1994 No 109; 2001 No 44 amdt 1.1706, amdt 1.1707; pars renum R5 LA

Court orders for notices
s 12A     ins 1974 No 54
    am 1985 No 67
    sub 1995 No 57

Improvement notices
s 12AA     ins 1995 No 57

Occupancy notices
s 12AB     ins 1995 No 57

Closure notices
s 12AC     ins 1995 No 57

Compliance with notices
s 12AD     ins 1995 No 57

Display of notices
s 12AE     ins 1995 No 57

Enforcement of occupancy and closure notices
s 12AF     ins 1995 No 57

Chief officer's power to revoke notices
s 12AG     ins 1995 No 57

Court's power to vary or revoke notices
s 12AH     ins 1995 No 57

Appeal
s 12B     ins 1974 No 54
    am 1985 No 67; 1994 No 109; 2001 No 44 amdt 1.1708, amdt 1.1709

Elimination of fire hazard
s 12C     ins 1994 No 109
    am 1997 No 93

Contravention of direction
s 12D     ins 1994 No 109

Review of decisions
s 12E     ins 1994 No 109

Emergency elimination of fire hazard
s 12F     ins 1994 No 109

Directions under the regulations to be complied with etc
s 14     am 1966 No 19; 1974 No 54; 1994 No 81 sch

Protection from liability for damage
s 15     am 1974 No 54; 1989 No 38; 2001 No 44 amdt 1.1710, amdt 1.1711

Identity cards
s 16     orig s 16 am 1960 No 2; 1966 No 19; 1974 No 54; 1989 No 38; 1994 No 81; 1994 No 109; 1998 No 54 sch
    om 2001 No 44 amdt 1.1713
    (prev s 15A) ins 1994 No 109
    renum 2001 No 44 amdt 1.1714

Determination of fees
s 17     ins 2001 No 44 amdt 1.1712

Regulation-making power
s 18     ins 2001 No 44 amdt 1.1713

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1989 No 38	31 July 1991
2	Act 1993 No 74	31 January 1994
3	Act 1995 No 57	1 January 1996
4	Act 1998 No 54	31 March 1999
5	Act 2001 No 44	24 January 2002
6	A2003-2	4 March 2003

© Australian Capital Territory 2004

Australian Capital Territory

A1957-20

Republication No 7

Effective: 1 July 2004

Republication date: 1 July 2004

As repealed by A2004-28 s 203





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Fire Brigade Act 1957 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 July 2004.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Fire Brigade Act 1957 (repealed)

Endnotes

Australian Capital Territory

Fire Brigade Act 1957 (repealed)