FIRE BRIGADE REGULATIONS 1958 (REPEALED) - TABLE OF PROVISIONS 1. Name of regulations 2. Definitions for regulations 3. Minister or authorised person may direct installation of fire 5. Attendance of brigade members at public meetings etc 6. Chief officer to fix fees for approved services rendered by 7. Chief officer may give directions in emergency ENDNOTES FIRE BRIGADE REGULATIONS 1958 (REPEALED) - REG 1 Name of regulations These regulations are the Fire Brigade Regulations 1958. FIRE BRIGADE REGULATIONS 1958 (REPEALED) - REG 2 Definitions for regulations In these regulations: Note A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155). "boarding-house--"see the Public Health (Boarding-houses) Regulations. "commercial building" means a building that is used (or, being unoccupied, is normally used) for trade, business, commercial or industrial purposes, and includes a hospital, a school, a theatre, a public hall, a hotel, a hostel, a boarding house and a residential flat building. "public entertainment" means an exhibition, lecture, amusement, game or sport admission to which may be procured by payment of money, or by any other means, as the price or condition of admission. "public hall" means a room or building of a permanent character where public entertainments or public meetings are or may be held, and includes any building or premises used in connection with any such room or building. "public meeting" means an assemblage of persons for a public purpose of a political, religious, charitable or intellectual nature, whether or not a charge is made for admission, but does not include an assemblage of persons for religious worship only. "residential flat building" means a building containing 1 or more flats, but does not include a row of 2 or more dwellings attached to each other that are commonly known as semidetached or terrace buildings. "theatre" means a theatre constructed or used for the presentation of any entertainment on the stage or for the showing of cinematograph pictures, and includes any building or premises used in connection with the theatre. FIRE BRIGADE REGULATIONS 1958 (REPEALED) - REG 3 Minister or authorised person may direct installation of fire appliances (1) The Minister may direct the owner of a commercial building to provide or install in the building the fire appliance stated in the direction. (2) The chief officer, or a person authorised in writing by the chief officer to make inspections under this regulation, may enter a building-- (a) to work out whether a direction under this regulation has been complied with; or (b) to inspect fire appliances provided or installed in the building under a direction under this regulation. (3) A person commits an offence if-- (a) the person knows that, or is reckless about the fact that, someone else is the chief officer or a person authorised in writing by the chief officer to make inspections under this regulation; and (b) the person obstructs, hinders, intimidates or resists the other person in the exercise of the person's functions under subsection (2). Maximum penalty: 10 penalty units. (4) Strict liability applies to subregulation (3) (b). FIRE BRIGADE REGULATIONS 1958 (REPEALED) - REG 5 Attendance of brigade members at public meetings etc (1) If-- (a) scenery is used in a stage presentation at a public entertainment or public meeting; or (b) the nature of, or the decorations, appliances or lighting used at, a public entertainment or public meeting are or is such as, in the opinion of the chief officer, to require the attendance at the entertainment or meeting of members of the brigade, 1 or more members of the brigade, as directed by the chief officer, shall be in attendance during the whole of the entertainment or meeting. (2) A fee at the rate of $4 per hour shall be charged for the attendance of each member. (3) A fee charged under subregulation (2) is payable-- (a) if the public entertainment is given, or the public meeting is held, in a theatre or public hall--by the owner of the theatre or public hall; or (b) in any other case--by the organiser of the entertainment or meeting. FIRE BRIGADE REGULATIONS 1958 (REPEALED) - REG 6 Chief officer to fix fees for approved services rendered by brigade (1) The members of the brigade may, at the request of a person, render the services the chief officer approves. (2) The chief officer may permit the use, in the rendering of a service referred to in subregulation (1), of the equipment of the brigade. (3) The chief officer shall not approve of the rendering of services or permit the use of equipment under this regulation unless the person who requests the provision of the services agrees to the terms and conditions (including the payment of fees) the chief officer determines to be the terms and conditions on which the services shall be provided and the use of the equipment shall be permitted. FIRE BRIGADE REGULATIONS 1958 (REPEALED) - REG 7 Chief officer may give directions in emergency Notwithstanding the provisions of regulation 6 (3), the chief officer may, to carry out rescue operations or in an emergency, give directions to the members of the brigade to do the things necessary to carry out the rescue operation or deal with the emergency. FIRE BRIGADE REGULATIONS 1958 (REPEALED) - NOTES Endnotes 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 These regulations were originally called the Fire Brigade Regulations and were originally made under 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, and the regulations made under them, into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. The Fire Brigades Ordinance 1957 and the Fire Brigade Regulations were converted into ACT enactments on 11 May 1989 (self-government day). As with most ordinances in force in the ACT, the name of the ordinance 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). These regulations were renamed as the Fire Brigade Regulations 1958 by the Legislation Act 2001. Before 11 May 1989, regulations commenced on their notification day unless otherwise stated (see Interpretation Ordinance 1937 s 16, Interpretation Act 1967 s 50). Legislation before becoming Territory enactment Fire Brigade Regulations 1958 No 1 notified 2 January 1958 commenced 2 January 1958 as amended by Amendments of Fire Brigades Regulations 1960 No 5 notified 11 August 1960 commenced 11 August 1960 Amendments of Fire Brigades Regulations 1969 No 2 notified 19 June 1969 commenced 19 June 1969 Amendments of Fire Brigades Regulations 1974 No 31 notified 25 November 1974 commenced 25 November 1974 Regulations to revise regulations in force under Ordinances of the ACT 1979 No 26 sch notified 29 November 1979 commenced 29 November 1979 Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 3 notified 10 May 1989 (Cwlth Gaz 1989 No S160) s 1, s 2 commenced 10 May 1989 (s 2 (1)) sch 3 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164) Legislation after becoming Territory enactment Regulations Revision (Penalties) Regulations 1996 No 8 sch notified 6 June 1996 commenced 6 June 1996 (reg 2) Legislation (Consequential Amendments) Act 2001 No 44 pt 151 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 151 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Justice and Community Safety Legislation Amendment Act 2003 A2003-2 pt 7 notified LR 3 March 2003 s 1, s 2 commenced 3 March 2003 (LA s 75 (1)) pt 7 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 Name of regulationsreg 1 am 1974 No 31 reg 1; R2 LA Definitions for regulationsreg 2 def commercial building am 1974 No 31 reg 2 Minister or authorised person may direct installation of fire appliancesreg 3 am 1969 No 2 reg 1; 1974 No 31 sch; 1979 No 26 sch; 1996 No 8 sch sub A2003-2 s 45 Inspection etc of fire appliances in commercial buildingsreg 4 om 1960 No 5 reg 1 Attendance of brigade members at public meetings etcreg 5 am 1969 No 2 reg 2; 1974 No 31 reg 3, sch Chief officer to fix fees for approved services rendered by brigadereg 5A renum as reg 6 Chief officer may give directions in an emergencyreg 5B renum as reg 7 Chief officer to fix fees for approved services rendered by brigadereg 6 orig reg 6 am ord 1989 No 38 sch 3 om Act 2001 No 44 amdt 1.1715 (prev 5A) ins 1960 No 5 reg 2 am 1974 No 31 sch renum as reg 6 Act 2001 No 44 amdt 1.1716 Chief officer may give directions in emergencyreg 7 (prev 5B) ins 1974 No 31 reg 4 renum as reg 7 Act 2001 No 44 amdt 1.1716 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 ord 1989 No 38 31 August 1991 2 Act 2001 No 44 14 May 2002 3 A2003-2 4 March 2003 (c) Australian Capital Territory 2004 FIRE BRIGADE REGULATIONS 1958 (REPEALED) - NOTES Australian Capital Territory SL1958-1 Republication No 4 Effective: 1 July 2004 Republication date: 1 July 2004 As repealed by A2004-28 s 203Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Fire Brigade Regulations 1958 (repealed), made under the Fire Brigade Act 1957, 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): o authorised republications to which the Legislation Act 2001 applies o 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 Regulations 1958 (repealed) Endnotes Australian Capital Territory Fire Brigade Regulations 1958 (repealed)