Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Country Fire Authority (Miscellaneous
Amendments) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Long Service leave 2
4. Prohibited actions during fire danger periods 2
5. Evidence of making of declaration 2
6. Municipal fire prevention plans 3
7. Audit of municipal fire prevention plans 4
8. Annual report of the Commission 4
9. Regulation making powers relating to compensation 4
10. New regulation making power 5
11. Insertion of new section 115 5
115. Validity of regulations 5
ENDNOTES 7
i
541218B.A1-30/11/2001 BILL LA AS SENT 30/11/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 19 September 2001
As amended by Assembly 29 November 2001
A BILL
to amend the Country Fire Authority Act 1958 and for other
purposes
Country Fire Authority (Miscellaneous
Amendments) Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to make miscellaneous
amendments to the Country Fire Authority Act
1958.
5 2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
1
541218B.A1-30/11/2001 BILL LA AS SENT 30/11/2001
Country Fire Authority (Miscellaneous Amendments) Act 2001
s. 3
Act No.
3. Long Service leave See:
Act No.
In section 19(1) of the Country Fire Authority 6228/1958.
Reprint No. 10
Act 1958-- as at
24 May 2001
(a) for "The provisions of sections eighty to and
5 eighty-five" substitute "Sections 80 to 84"; amending
Act Nos
50/1989,
(b) paragraphs (aa) and (b) are repealed.
27/2001 and
32/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Prohibited actions during fire danger periods
(1) In section 39 of the Country Fire Authority Act
1958, after paragraph (b) insert--
10 "(ba) a person must not use or operate a prescribed
device or cause or allow a prescribed device
to be used or operated unless that person
does so in accordance with the regulations;".
(2) At the end of section 39 of the Country Fire
15 Authority Act 1958 insert--
'(2) In this section, "prescribed device" means
any device prescribed by the regulations.'.
5. Evidence of making of declaration
In section 40 of the Country Fire Authority Act
20 1958, after sub-section (13) insert--
"(13A) In any proceedings for an offence against
this section, a certificate purporting to be
signed by the Chief Executive Officer, to the
effect that, in respect of a particular day or a
25 part of a particular day, and in respect of the
whole or a particular part or parts of
Victoria, the Authority made a declaration of
total fire ban, is evidence and, in the absence
2
541218B.A1-30/11/2001 BILL LA AS SENT 30/11/2001
Country Fire Authority (Miscellaneous Amendments) Act 2001
s. 6
Act No.
of evidence to the contrary, is proof of the
facts stated in it.".
6. Municipal fire prevention plans
(1) In section 55A(1) of the Country Fire Authority
5 Act 1958, for "its municipal district" substitute
"that part of its municipal district for which the
municipal council has fire protection
responsibility".
(2) In section 55A(2) of the Country Fire Authority
10 Act 1958, omit "in accordance with the
regulations".
(3) In section 55A of the Country Fire Authority
Act 1958, after sub-section (2) insert--
'(3) As soon as possible after a municipal fire
15 prevention plan has been prepared, amended,
varied or revoked, the municipal council
must, by resolution, approve the plan or the
amendment, variation or revocation.
(4) As soon as possible after a municipal fire
20 prevention plan or an amendment or
variation to the municipal fire prevention
plan has been approved, the municipal
council must take all reasonable steps to give
effect to the municipal fire prevention plan
25 or the amendment or variation.
(5) Sub-sections (3) and (4) apply to a municipal
fire prevention plan prepared before the
commencement of the Country Fire
Authority (Miscellaneous Amendments)
30 Act 2001 as if the municipal fire prevention
plan had been prepared immediately after
that commencement.
3
541218B.A1-30/11/2001 BILL LA AS SENT 30/11/2001
Country Fire Authority (Miscellaneous Amendments) Act 2001
s. 7
Act No.
(6) In this section "municipal district for
which the municipal council has fire
protection responsibility", in relation to a
municipal district, does not include any land
5 in that municipal district for which the
Department of Natural Resources and
Environment has fire protection
responsibility.'.
7. Audit of municipal fire prevention plans
10 In section 55B of the Country Fire Authority
Act 1958, for sub-section (2) substitute--
"(2) The audit must assess--
(a) whether or not the municipal fire
prevention plan complies with the
15 requirements of this Act; and
(b) the effectiveness of any steps taken by
the municipal council to give effect to
the municipal fire prevention plan and
any amendment or variation.".
20 8. Annual report of the Commission
In section 74H(2) of the Country Fire Authority
Act 1958, for "in that year" substitute
"immediately following the year for which the
report has been prepared".
25 9. Regulation making powers relating to compensation
(1) In section 110(1)(g) of the Country Fire
Authority Act 1958 after "volunteer officer"
(wherever occurring) insert "or member".
(2) For section 110(4) of the Country Fire Authority
30 Act 1958 substitute--
'(4) For the purposes of sub-section (1)(g),
"member of a brigade" includes a person
who--
4
541218B.A1-30/11/2001 BILL LA AS SENT 30/11/2001
Country Fire Authority (Miscellaneous Amendments) Act 2001
s. 10
Act No.
(a) has applied to a brigade for
membership of the brigade; and
(b) is performing the duties of a member of
that brigade although not formally
5 enrolled as a member.'.
(3) In section 110(5) of the Country Fire Authority
Act 1958 after "sub-section (1)" insert "and in
sub-section (4),".
10. New regulation making power
10 After section 110(1)(y) of the Country Fire
Authority Act 1958 insert--
"(ya) the use and operation of prescribed devices
(within the meaning of section 39) during
fire danger periods;".
15 11. Insertion of new section 115
After section 114 of the Country Fire Authority
Act 1958 insert--
"115. Validity of regulations
(1) The Country Fire Authority Regulations
20 1992, Statutory Rule No. 180/1992, are
deemed to be as valid as if the Regulations
had been made under this Act as amended by
section 9 of the Country Fire Authority
(Miscellaneous Amendments) Act 2001.
25 (2) Without limiting the generality of sub-
section (1), anything done or purported to be
done under the Country Fire Authority
Regulations 1992 before the commencement
of section 9 of the Country Fire Authority
30 (Miscellaneous Amendments) Act 2001
that would have been validly done had that
section been in operation at the time at which
the thing was done or purported to have been
done, has and is deemed always to have had,
5
541218B.A1-30/11/2001 BILL LA AS SENT 30/11/2001
Country Fire Authority (Miscellaneous Amendments) Act 2001
s. 11
Act No.
the same force and effect as it would have
had if that section had been in operation at
the time at which the thing was done or
purported to have been done.".
5
6
541218B.A1-30/11/2001 BILL LA AS SENT 30/11/2001
Country Fire Authority (Miscellaneous Amendments) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
7
541218B.A1-30/11/2001 BILL LA AS SENT 30/11/2001
[Index] [Search] [Download] [Related Items] [Help]