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TASMANIA
__________
FIRE SERVICE AMENDMENT BILL 2005
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 78 amended (Application of Division)
5. Validation
[Bill 34]-III
2
FIRE SERVICE AMENDMENT BILL 2005
(Brought in by the Minister for Health and Human Services,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Fire Service Act 1979
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Fire Service
Amendment Act 2005.
2. Commencement
(1) This Act, other than section 4, commences on
the day on which this Act receives the Royal
Assent, but if it does not receive the Royal
Assent on or before 1 July 2005 this Act, other
than section 4, is taken to have commenced on
1 July 2005.
(2) Section 4 commences on 1 July 2006.
[Bill 34] 3
s. 3 No. Fire Service Amendment 2005
3. Principal Act
In this Act, the Fire Service Act 1979* is
referred to as the Principal Act.
4. Section 78 amended (Application of Division)
Section 78 of the Principal Act is amended as
follows:
(a) by omitting "This" and substituting "(1)
Except as provided in subsection (2),
this";
(b) by inserting the following paragraphs
after paragraph (ba):
(bb) land owned, vested in or occupied
by a GBE that is not specified in
Schedule 8 to the Government
Business Enterprises Act 1995; or
(bc) State forest; or
(c) by inserting the following subsections:
(2) This Division does apply to and
in respect of land referred to in
subsection (1)(a), (b) or (bb) if
the land, or any part of it, is let or
sublet to a private tenant.
(3) For the avoidance of doubt, a
State-owned company is taken to
be a private tenant for the
purposes of this section.
*No. 35 of 1979
4
2005 Fire Service Amendment No. s. 4
(4) In this section
"exempt tenant", of land in a
municipal area, means a
tenant that the
Commission, in its
discretion and on the
written application of the
local council of the
municipal area, has
certified is occupying the
land for
(a) a benevolent,
charitable or
philanthropic
purpose; or
(b) a non-profit
community or
non-profit sporting
purpose;
"GBE" means a Government
Business Enterprise
within the meaning of the
Government Business
Enterprises Act 1995;
"private tenant", of land in a
municipal area, means a
tenant other than
(a) the Crown in right
of the
Commonwealth or
in right of any
State or Territory;
or
5
s. 4 No. Fire Service Amendment 2005
(b) a local council; or
(c) a single authority
or joint authority
within the
meaning of the
Local Government
Act 1993; or
(d) a State authority
specified in Part 2
of Schedule 1 to
the State Service
Act 2000; or
(e) an exempt tenant;
"State-owned company"
means a company
incorporated under the
Corporations Act that is
controlled by the Crown
in right of this State, by a
GBE or statutory
authority, or by another
company that is so
controlled;
"statutory authority" means a
body or authority,
whether incorporated or
not, that is established or
constituted by or under an
Act or under the Royal
Prerogative, being a body
or authority which, or of
which the governing
authority, wholly or partly
comprises a person or
6
2005 Fire Service Amendment No. s. 5
persons appointed by the
Governor, a Minister or
another statutory
authority.
5. Validation
(1) A fire service contribution collected by a local
council pursuant to section 81C of the Principal
Act before 1 July 2005 is not taken to have been
invalidly levied or collected (or contributed) by
reason only that the fire service contribution was
levied and collected in respect of public land to
which Division 3 of Part VI of the Principal Act
did not, before that day, apply.
(2) In this section
"contributed" means contributed, pursuant to
section 79 of the Principal Act, towards
the operating costs of fire brigades
established and maintained under that
Act;
"fire service contribution" means a fire
service contribution referred to in section
81C(2) of the Principal Act;
"local council" has the same meaning as in
the Principal Act;
"public land" means land owned by
(a) a local council; or
(b) the Crown in right of this State.
Government Printer, Tasmania 7