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PARLIAMENT OF VICTORIA
Emergency Services Legislation Amendment Bill
2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--AMENDMENT OF COUNTRY FIRE AUTHORITY
ACT 1958 3
3 Amendment of section 3--Definitions 3
4 Amendment of section 4--Declaration of fire danger period 5
5 Amendment of section 11A--Conflicts of interest 6
6 Amendment of section 13--Expenses of chairman and members 6
7 Section 19 substituted and new sections 19A to 19E inserted 6
19 Definitions for sections 19A to 19E 6
19A Basic entitlement to long service leave 7
19B Effect on entitlement of death or retirement due to age
or illness 7
19C Payment in lieu of long service leave 8
19D Leave not to affect Authority's activities 9
19E Provision in case of death before or during long service
leave 9
8 Section 20B substituted 10
20B False alarm of fire 10
9 Amendment of section 23AA--Industry brigades 11
10 Amendment of section 23A--Groups of brigades 12
11 Amendment of section 30--Powers of officers at fires 12
12 Amendment of section 30A--Authorisation of certain persons 13
13 Amendment of section 31--Police to assist Chief Officer 13
14 Amendment of section 32--Duties of water, electricity and
gas suppliers 13
15 Amendment of section 33--Determination of sole
responsibility for fire suppression in certain areas 13
16 Amendments to sections 34, 37, 38, 39, 39A, 39C and 39E
relating to penalties 14
17 Amendment of section 40--Provisions about total fire bans 15
18 Amendment of section 41--Fire prevention notices 16
561085B.I-18/9/2007 i BILL LA INTRODUCTION 18/9/2007
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19 Amendment of section 41B--Objection to notices 16
20 Amendments to sections 41D and 41E relating to penalties 16
21 Amendment of section 44A--Power of Chief Officer to close
roads 17
22 Amendment of section 48--Power of authorized officer 18
23 Amendment of section 49--Obligation of sawmillers 18
24 Amendment of section 50--Required safety features of motor
vehicles driven during fire danger period near crops 18
25 New section 50A inserted 18
50A Alarm-monitoring service to provide prescribed
information 18
26 Amendment of section 62--Definitions for Part V 19
27 Amendment of section 74E--Remuneration and allowances 19
28 Amendment of section 74G--Vacancies 19
29 Amendment of section 77--Returns of premiums 19
30 Amendment of section 80A--Contributions by owners and
insurance intermediaries 20
31 Amendment of section 87--Payment of expenses when
property uninsured 21
32 Amendment of section 92--Immunity provision 22
33 Section 93A substituted 22
93A Interstate fire brigades and international fire brigades 22
34 Section 96 substituted 23
96 Power to Authority to use water without charge 23
35 New sections 97DA and 97DB inserted 24
97DA Powers of Authority to deal with interference with
the provision of emergency services 24
97DB Authority may charge for services provided under
other Acts or regulations 25
36 Amendment of section 98--Place where fire occurs 25
37 Amendment of section 102--Collections for brigades to be
authorized by Authority 26
38 Amendment of section 103A--Australian Fire Brigades
Charges Scheme 26
39 New section 106A inserted 26
106A Damage or interference with fire indicator panel or
other apparatus 26
40 Amendment of section 107--Obstruction of officers and
damage to apparatus 26
41 Amendment of section 107A--Offences relating to
impersonation 27
42 New sections 107B inserted 27
107B False report of fire 27
43 Amendment of section 109--Penalties for offences 27
44 Amendment of section 110--Regulations 27
561085B.I-18/9/2007 ii BILL LA INTRODUCTION 18/9/2007
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PART 3--AMENDMENT OF EMERGENCY MANAGEMENT
ACT 1986 29
45 Amendment of section 4--Definitions 29
46 Amendment of section 7--Delegation by Co-ordinator in Chief 30
47 Amendment of section 9A--Change of names or titles 30
48 Amendment of section 10--Co-ordinator in Chief to prepare
State emergency response plan 31
49 Amendment of section 11--State Co-ordinator and Deputy 31
50 Amendment of section 12--Delegation by State Co-ordinator 31
51 Amendment of section 13--Regional and municipal district
Emergency Response Co-ordinators 31
52 Amendment of section 14--State emergency response
committees 32
53 Amendment of section 15--Content of State emergency
response plan 32
54 Amendment of section 16--Control of response to fires 32
55 Amendment of section 16A--Control of emergency responses
other than fire 33
56 Section 17 substituted 34
17 Publication 34
57 Amendment of section 21A--Audit of municipal emergency
management plans 34
58 Part 4A heading substituted 35
59 Amendment of section 21C--Functions and powers of the
Commissioner 35
60 Section 21D amended--Commissioner to prepare standards 36
61 Section 21E substituted 36
21E Commissioner may monitor or investigate emergency
services agencies 36
62 Amendment of section 21F--Power to require information to
be given 37
63 Amendment of section 24--Powers and duties of Co-ordinator
in Chief 38
64 Amendment of section 36--Offence of obstructing emergency
worker 39
65 Amendment of section 36A--Declaration of emergency area 39
66 Amendment of section 36B--Powers in respect of emergency
area 39
67 Amendment of section 36C--Offences 40
68 Amendment of section 38--Offence of making false
compensation claim 41
69 Amendment of section 39--Regulations 41
561085B.I-18/9/2007 iii BILL LA INTRODUCTION 18/9/2007
Clause Page
PART 4--AMENDMENT OF METROPOLITAN FIRE
BRIGADES ACT 1958 42
70 Amendment of section 3--Definitions 42
71 Amendment of section 7--Functions of Board 45
72 Amendment of section 11--Remuneration and allowances 45
73 New section 11A inserted 45
11A Rights of President in relation to the public service
and superannuation 45
74 Amendment of section 13--Vacancies 46
75 Amendment of section 14--Acting members 46
76 Amendment of section 24A--Power to acquire land 46
77 Amendment of section 26--Formation of units 47
78 Section 31A substituted 47
31A Delegation of powers by Chief Officer 47
79 Amendment of section 32B--Action on alarm of fire 47
80 Amendment of section 32C--Destruction of building by Chief
Officer 48
81 Section 32D substituted 49
32D False alarm of fire 49
82 New section 33 inserted 51
33 False report of fire 51
83 Amendment of section 34--Regulations 51
84 Amendment of section 40--Returns of premiums 52
85 Amendment of section 41--Penalties in relation to returns 52
86 Amendment of section 42--Inspection of documents 53
87 Amendment of section 44A--Contributions by owners and
insurance intermediaries 53
88 Amendment of section 54A--Immunity from certain liabilities 54
89 Amendment of section 55D--Board may provide emergency
prevention and response service 54
90 New sections 55DA and 55DB inserted 54
55DA Powers of Board to deal with interference with the
provision of emergency services 54
55DB Board may charge for services provided under other
Acts or regulations 55
91 Amendment of section 55E--Activities outside metropolitan
district 55
92 Amendment of section 58--Removal of persons from burning
premises 56
93 Section 59 substituted 57
59 Rights to water 57
94 Amendment of section 61--Police to aid units 58
95 Amendment of section 63--Hotels and theatres to keep life-
saving apparatus 59
96 Amendment of section 64 59
97 Repeal of section 65 59
561085B.I-18/9/2007 iv BILL LA INTRODUCTION 18/9/2007
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98 Amendment of section 66--Payment of expenses where
property uninsured 60
99 Amendment of section 70--Owner to give information as to
insurance 61
100 Amendment of section 71--Place where fire occurs 61
101 Amendment of section 72--Board or unit may carry out fire
prevention work 61
102 New section 72A inserted 62
72A Interstate fire brigades and international fire brigades 62
103 Amendment of section 75--Documents signed by President or
Chief Executive Officer to be evidence 63
104 Amendment of section 75A--Offences relating to
impersonation 64
105 New sections 75B and 75C inserted 64
75B Damage or interference with fire indicator panel or
other apparatus 64
75C Obstruction of officers and damage to apparatus 64
106 Amendment of section 76--Penalty for offences 65
107 Amendment of section 77--Recovery and application of
penalties 65
108 New section 78 inserted 66
78 Alarm-monitoring service to provide prescribed
information 66
109 Amendment of section 78B--Laying of charges 66
110 Amendment of section 78C--Hearing of charges 67
111 Amendment of section 78D--Decision of Chief Executive
Officer 67
112 Amendment of section 79F--Vacancies 67
113 Amendment of section 81--Entitlement to long service leave 67
114 Section 82 substituted 68
82 Leave not to affect Board's activities 68
115 Amendment of section 91--Compliance with notices 68
116 Amendment of section 92--Fire prevention infringement
notices 68
117 Amendment of section 93--Issue of notices by Chief Officer 68
PART 5--AMENDMENT OF VICTORIA STATE EMERGENCY
SERVICE ACT 2005 70
118 Amendment of section 3--Definitions 70
119 Amendment of section 5--Functions 70
120 Section 23 substituted 71
23 Power of delegation 71
121 Section 26 substituted 71
26 Delegation of powers of Chief Executive Officer 71
122 Section 31 substituted 72
31 Delegation 72
561085B.I-18/9/2007 v BILL LA INTRODUCTION 18/9/2007
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123 Section 34 substituted 72
34 Registered units 72
124 Amendment of section 39--State emergency response plan roles
of the Authority 73
125 Amendment of section 47--Compensation for injury during
emergency service 74
126 Amendment of section 55--Regulations 74
PART 6--AMENDMENT OF OTHER LEGISLATION 76
Division 1--Amendment of Building Act 1993 76
127 Amendment of section 3--Definitions 76
128 Amendment of section 188--Guidelines 76
129 Amendment of section 261--General regulation-making
powers 76
Division 2--Amendment of Juries Act 2000 77
130 New section 54 substituted 77
54 Definitions 77
131 Amendment of section 55--Compensation for injury during
jury service 77
Division 3--Amendment of Summary Offences Act 1966 78
132 Amendment of section 11--Lighting of fires in the open air 78
133 Amendment of section 12--Wilfully giving false alarm of fire 78
134 New section 51A inserted 79
51A Assaulting, resisting or delaying officers of the
Country Fire Authority or the Metropolitan Fire and
Emergency Services Board 79
PART 7--REPEAL 80
135 Repeal of Act 80
ENDNOTES 81
561085B.I-18/9/2007 vi BILL LA INTRODUCTION 18/9/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Emergency Services Legislation
Amendment Bill 2007
A Bill for an Act to amend the Country Fire Authority Act 1958, the
Emergency Management Act 1986, the Metropolitan Fire
Brigades Act 1958, the Victoria State Emergency Service Act
2005, the Building Act 1993, the Juries Act 2000, the Summary
Offences Act 1966 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is--
(a) to amend the Country Fire Authority
5 Act 1958, the Emergency Management
Act 1986, the Metropolitan Fire Brigades
Act 1958 and the Victoria State Emergency
Service Act 2005 to improve the
561085B.I-18/9/2007 1 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 1--Preliminary
s. 2
coordination and delivery of fire and other
emergency response services;
(b) to amend the Country Fire Authority
Act 1958 and the Metropolitan Fire
5 Brigades Act 1958 to provide for similar
long service leave entitlements for officers
and employees of the Country Fire Authority
and the Metropolitan Fire and Emergency
Services Board;
10 (c) to make miscellaneous amendments to the
Building Act 1993, the Juries Act 2000 and
the Summary Offences Act 1966.
2 Commencement
(1) This Act (except sections 39, 42, 82, 105 and 134)
15 comes into operation on the day after the day on
which it receives the Royal Assent.
(2) Subject to subsection (3), sections 39, 42, 82, 105
and 134 come into operation on a day or days to
be proclaimed.
20 (3) If a provision referred to in subsection (2) does
not come into operation before 1 January 2008, it
comes into operation on that day.
__________________
561085B.I-18/9/2007 2 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 3
PART 2--AMENDMENT OF COUNTRY FIRE AUTHORITY
ACT 1958
3 Amendment of section 3--Definitions
In section 3(1) of the Country Fire Authority See:
Act No.
5 Act 1958-- 6228.
Reprint No. 12
(a) in the definition of apparatus for "life or as at
1 July 2006
property in case of fire" substitute "life, and
property or the environment or the amending
Act No.
performance of any function or duty under 80/2006.
10 this Act"; LawToday:
www.
(b) insert the following definitions-- legislation.
vic.gov.au
"Commission means the Country Fire
Authority Appeals Commission
established under section 74A;
15 Department means the Department of
Sustainability and Environment;";
(c) in the definition of fire after paragraph (b)
insert--
"and
20 (c) the threat of a fire re-igniting;";
(d) insert the following definitions--
"international fire brigade means--
(a) a fire brigade or unit (however
described); or
25 (b) any other agency or organisation
constituted for the purpose of fire
management or which has a fire
management role; or
(c) any other emergency services
30 organisation--
established outside Australia;
561085B.I-18/9/2007 3 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 3
interstate fire brigade means--
(a) a fire brigade or unit (however
described); or
(b) any other agency or organisation
5 constituted for the purpose of fire
management or which has a fire
management role; or
(c) any other emergency services
organisation--
10 established outside Victoria but within
Australia;
managing agent--
(a) means a person who, for reward
(whether monetary or
15 otherwise)--
(i) undertakes responsibility for
the management, operation
or safety of the premises or
the safety of the occupants of
20 the premises; or
(ii) if there is an owners
corporation in relation to the
premises, is appointed or
employed by the owners
25 corporation under section 9
of the Owners
Corporations Act 2006 to
assist the owners corporation
in carrying out its functions
30 under that Act in respect of
the premises;
561085B.I-18/9/2007 4 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 4
(b) does not include--
(i) an owners corporation; or
(ii) a contractor of a person
referred to in paragraph (a);
5 or
(iii) a licensed estate agent,
within the meaning of the
Estate Agents Act 1980,
acting in the course of an
10 activity or transaction that is
regulated by that Act;";
(e) for the definition of metropolitan fire district
substitute--
"metropolitan district has the same meaning
15 as in section 3(1) of the Metropolitan
Fire Brigades Act 1958;";
(f) for the definition of owner substitute--
"owner has the same meaning as in the
Subdivision Act 1988;
20 owners corporation has the same meaning as
in the Owners Corporations Act
2006;".
4 Amendment of section 4--Declaration of fire danger
period
25 (1) Insert the following heading to section 4 of the
Country Fire Authority Act 1958--
"Declaration of fire danger period".
(2) In section 4 of the Country Fire Authority
Act 1958 omit "of Natural Resources and
30 Environment".
561085B.I-18/9/2007 5 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 5
5 Amendment of section 11A--Conflicts of interest
In section 11A(3)(a) of the Country Fire
Authority Act 1958 for "full declaration of the
interest has been made" substitute "declaration of
5 the interest has been made in accordance with this
section".
6 Amendment of section 13--Expenses of chairman
and members
In section 13(2) of the Country Fire Authority
10 Act 1958 after "scene of any fire" insert "or".
7 Section 19 substituted and new sections 19A to 19E
inserted
For section 19 of the Country Fire Authority
Act 1958 substitute--
15 "19 Definitions for sections 19A to 19E
In sections 19A to 19E--
officer or employee of the Authority means
a full-time paid officer or employee of
the Authority, whether or not an officer
20 or member of an urban or rural fire
brigade, and does not include any part-
time or volunteer member of any urban
or rural fire brigade;
service means--
25 (a) service as an officer or employee
of the Authority, (including any
period of war service as a member
of the naval, military or air forces
of Her Majesty or of the
30 Commonwealth which was
immediately preceded and
followed by service as an officer
or employee of the Authority),
which, apart from any war service,
35 has been or is continuous; and
561085B.I-18/9/2007 6 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 7
(b) to the extent prescribed by the
regulations, service in any
prescribed office under the Crown
or with a Public or Government
5 Authority or service in any
prescribed office of the
Commonwealth of Australia or
any other Australian State or a
Territory.
10 19A Basic entitlement to long service leave
An officer or employee of the Authority who
has had 10 years service is entitled to be
granted by the Authority--
(a) 3 months long service leave with pay in
15 respect of that period of 10 years
service; and
(b) 1·5 months long service leave with pay
in respect of each additional period of
5 completed years of service.
20 19B Effect on entitlement of death or
retirement due to age or illness
(1) This section applies in respect of a person
who is an officer or employee of the
Authority if--
25 (a) the person dies; or
(b) the person's employment with the
Authority ceases because of--
(i) age; or
(ii) illness as to which the person
30 produces to the Authority
satisfactory evidence that it is
likely to be permanent and is not
due to misconduct or to causes
within his or her own control.
561085B.I-18/9/2007 7 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 7
(2) The person is entitled, or, in the case of
death, is be deemed to have been entitled, to
be granted by the Authority--
(a) if the completed years of service are not
5 less than 4 but are less than 10, then, in
respect of those completed years of
service; or
(b) if the completed years of service are
10 or more, then (in addition to any
10 entitlement under section 19A), in
respect of the completed years of
service (not exceeding 4) as exceed the
next lower multiple of 5--
long service leave with pay on the basis of
15 10% of 3 months leave for each of the
completed years.
(3) If a person's employment with the Authority
ceases because of one of the reasons referred
to in subsection (1)(b)--
20 (a) the person may, by notice in writing to
the Authority, elect to take pay in lieu
of the whole or any part of any long
service leave of the kind referred to in
subsection (2) to which the person is
25 then entitled; and
(b) the Authority must make a payment in
lieu to the person in respect of that
leave.
19C Payment in lieu of long service leave
30 (1) Despite section 19A, if a person who is an
officer or employee of the Authority with at
least 10 completed years of service resigns or
is dismissed or, for any reason other than age
or illness, ceases employment with the
35 Authority, the Authority, on the written
application of the person, may, in lieu of
561085B.I-18/9/2007 8 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 7
long service leave with pay, pay to the
person a sum determined by the Authority in
accordance with this section.
(2) A sum paid by the Authority under this
5 section must not exceed a sum equal to 10%
of 3 months' pay for every completed year of
service.
(3) A payment under this section must not be
made for any year or part-year of service in
10 respect of which long service leave with pay
or pay in lieu of long service leave has been
taken by the person.
19D Leave not to affect Authority's activities
The Authority may refuse to grant long
15 service leave in any case at a particular time
if the activities and obligations of the
Authority would be unduly affected by the
granting of long service leave to numbers of
officers or employees of the Authority at or
20 about the same time.
19E Provision in case of death before or
during long service leave
If an officer or employee of the Authority
who is entitled to long service leave dies
25 before or while taking long service leave, the
Authority must, to the extent that payment in
lieu of the leave has not already been made
to that officer or employee, make a payment
in lieu of the whole or part of the long
30 service leave not taken to the legal personal
representative of the deceased officer or
employee.".
561085B.I-18/9/2007 9 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 8
8 Section 20B substituted
For section 20B of the Country Fire Authority
Act 1958 substitute--
"20B False alarm of fire
5 (1) This section applies if a fire brigade in the
country area of Victoria responds to a false
alarm of fire at a premises given by or
originating from--
(a) an automatic fire alarm system; or
10 (b) equipment designed to detect a fire or
other emergency conditions and
transmit a signal of that detection.
(2) If this section applies, the Authority may, by
written notice, require the owner, occupier,
15 owners corporation or managing agent of the
premises to provide details of the
circumstances of the false alarm of fire to the
Authority.
(3) A person must within 14 days after the day
20 on which the person receives the notice
under subsection (2), provide the Authority
with a written explanation of the
circumstances of the false alarm of fire and
any information supporting the explanation
25 including maintenance and testing records.
(4) If the Authority after considering--
(a) any explanation and information
provided by the person under
subsection (3); and
30 (b) any report of the officer in charge of the
fire brigade who attended at the false
alarm of fire at the premises; and
(c) the history of any attendances at the
premises; and
561085B.I-18/9/2007 10 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 9
(d) any other material that the Authority
considers is relevant--
is not satisfied that there was a reasonable
excuse for the occurrence of the false alarm
5 of fire, the Authority may by written notice
require that person to pay to the Authority
the fees and charges prescribed for the
attendance of the fire brigade in response to
the false alarm.
10 (5) A person who receives a notice under
subsection (4) may apply to the Victorian
Civil and Administrative Tribunal for review
of the decision of the Authority to issue the
notice.
15 (6) An application under subsection (5) for a
review must be made within 28 days after
the later of--
(a) the day on which the applicant is
notified of the decision; or
20 (b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the applicant requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
25 to the applicant or the applicant is
informed under section 46(5) of that
Act that a statement of reasons will not
be given.
(7) This section does not apply in relation to an
30 industry brigade.".
9 Amendment of section 23AA--Industry brigades
In section 23AA(3) of the Country Fire
Authority Act 1958 after "must" insert ", within
a reasonable time,".
561085B.I-18/9/2007 11 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 10
10 Amendment of section 23A--Groups of brigades
In section 23A(1) of the Country Fire Authority
Act 1958 for "extinction" substitute
"suppression".
5 11 Amendment of section 30--Powers of officers at
fires
(1) In section 30(1)(f) of the Country Fire Authority
Act 1958 for "in the vicinity of the scene of any
fire to be closed to traffic and he may direct traffic
10 on any part of that road which is not so closed"
substitute "affected, or likely to be affected, by a
fire or smoke from a fire to be closed and may
direct traffic on any road in the vicinity of the
closed road (or closed part of a road) and may
15 direct any person in the vicinity of the scene of a
fire, or likely scene of a fire, to immediately leave
by the safest and shortest route and may prevent
any person from entering an area affected, or
likely to be affected, by a fire or smoke from a
20 fire".
(2) In section 30(1)(g) of the Country Fire
Authority Act 1958--
(a) for "withdraw) remove" substitute
"withdraw) use reasonable force to remove";
25 and
(b) for "fire to remove" substitute "fire to use
reasonable force to remove".
(3) After section 30(2) of the Country Fire
Authority Act 1958 insert--
30 "(3) For the purposes of subsection (1)(g), an
order to withdraw may include a direction to
immediately leave any area affected by the
fire by the safest and shortest route.".
561085B.I-18/9/2007 12 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 12
12 Amendment of section 30A--Authorisation of
certain persons
In section 30A(1)(c) of the Country Fire
Authority Act 1958 omit "of Sustainability and
5 Environment".
13 Amendment of section 31--Police to assist Chief
Officer
(1) In section 31(3)(b) of the Country Fire
Authority Act 1958 for "remove" substitute
10 "use reasonable force to remove".
(2) After section 31(4) of the Country Fire
Authority Act 1958 insert--
"(5) Subsection (4) does not apply if the person is
by their presence or otherwise interfering
15 with the operations of any brigade or group
of brigades.".
14 Amendment of section 32--Duties of water,
electricity and gas suppliers
Insert the following heading to section 32 of the
20 Country Fire Authority Act 1958--
"Duties of water, electricity and gas suppliers".
15 Amendment of section 33--Determination of sole
responsibility for fire suppression in certain areas
(1) In section 33(1)(a) of the Country Fire
25 Authority Act 1958 for "metropolitan fire
district" substitute "metropolitan district".
(2) In section 33(2)(a) of the Country Fire
Authority Act 1958 for "Metropolitan Fire
Brigade" substitute "Metropolitan Fire and
30 Emergency Services Board".
561085B.I-18/9/2007 13 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 16
(3) For section 33(2)(c) of the Country Fire
Authority Act 1958 substitute--
"(c) If there is danger of fire occurring or a fire is
burning or has recently been extinguished at
5 a place in any part of the metropolitan
district, by an officer of the Metropolitan
Fire and Emergency Services Board who is
present at that place or, if an officer of the
Metropolitan Fire and Emergency Services
10 Board is not present at that place or is unable
to exercise those powers and authorities, by
the Chief Officer or any officer in charge of
any brigade or brigades who is present at that
place.".
15 16 Amendments to sections 34, 37, 38, 39, 39A, 39C
and 39E relating to penalties
(1) For the penalty at the foot of section 34(2) of the
Country Fire Authority Act 1958 substitute--
"Penalty: 120 penalty units or imprisonment for
20 12 months or both.".
(2) For the penalty at the foot of section 37 of the
Country Fire Authority Act 1958 substitute--
"Penalty: 120 penalty units or imprisonment for
12 months or both.".
25 (3) In section 38(3) of the Country Fire Authority
Act 1958 for "not more than 20 penalty units or to
imprisonment for a term of not more than twelve
months or to both that penalty and imprisonment"
substitute "not more than 120 penalty units or not
30 more than 12 months imprisonment or both".
(4) For the penalty at the foot of section 39 of the
Country Fire Authority Act 1958 substitute--
"Penalty: 120 penalty units or imprisonment for
12 months or both.".
561085B.I-18/9/2007 14 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 17
(5) In section 39A of the Country Fire Authority
Act 1958 omit "not less that three months and".
(6) In section 39C of the Country Fire Authority
Act 1958 omit "not less that one year and".
5 (7) For the penalty at the foot of section 39E(1) of the
Country Fire Authority Act 1958 substitute--
"Penalty: 120 penalty units or imprisonment for
12 months or both.".
17 Amendment of section 40--Provisions about total
10 fire bans
(1) For the penalty at the foot of section 40(4) of the
Country Fire Authority Act 1958 substitute--
"Penalty: 240 penalty units or imprisonment for
2 years or both.".
15 (2) For section 40(5)(a) of the Country Fire
Authority Act 1958 substitute--
"(a) where the fire is to be lighted or allowed to
remain alight in the metropolitan district, by
the Chief Officer of the Metropolitan Fire
20 and Emergency Services Board or by any
other officer who he or she may authorise in
writing;".
(3) For section 40(5)(c) of the Country Fire
Authority Act 1958 substitute--
25 "(c) where the fire is to be lighted or allowed to
remain alight in a fire protected area, by the
person for the time being holding the office
of or acting as the Chief Officer in the
Department; or".
30 (4) In section 40(9) of the Country Fire Authority
Act 1958 for "100 penalty units" substitute
"240 penalty units".
561085B.I-18/9/2007 15 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 18
(5) In section 40(10)(a) of the Country Fire
Authority Act 1958 after "responsibility for the"
insert "prevention or".
18 Amendment of section 41--Fire prevention notices
5 (1) In section 41(1) of the Country Fire Authority
Act 1958 omit "(other than a public authority)".
(2) For section 41(3)(d) of the Country Fire
Authority Act 1958 substitute--
"(d) must contain any prescribed information.".
10 19 Amendment of section 41B--Objection to notices
(1) In section 41B(1) of the Country Fire Authority
Act 1958 for "an objection" substitute "a written
objection".
(2) In section 41B(2) of the Country Fire Authority
15 Act 1958 after "an objection" insert ", and the fire
prevention officer considers the grounds for the
objection to be reasonable,".
20 Amendments to sections 41D and 41E relating to
penalties
20 (1) For the penalty at the foot of section 41D(1) of the
Country Fire Authority Act 1958 substitute--
"Penalty: 120 penalty units or imprisonment for
12 months or both.".
(2) In section 41E(1) of the Country Fire Authority
25 Act 1958 for "2 penalty units" substitute
"10 penalty units".
561085B.I-18/9/2007 16 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 21
21 Amendment of section 44A--Power of Chief Officer
to close roads
For section 44A(1) of the Country Fire
Authority Act 1958 substitute--
5 "(1) This section applies--
(a) if there is a fire or a threat of a fire in an
urban or rural district; and
(b) regardless of whether the fire is lighted
under and in accordance with this
10 Division or is part of burning off
operations carried out under and in
accordance with this Act or any
direction or permit given or issued
under this Act or under and in
15 accordance with the Forests Act 1958
or any direction or authority given
under that Act.
(1A) The Chief Officer may, for the purpose of
protecting life, property or the environment,
20 or if in his or her opinion smoke from a fire
impairs visibility on any road to such an
extent that the safety of any persons using
the road is endangered--
(a) close any road or part of any road
25 affected, or likely to be affected, as a
consequence of a fire or smoke from a
fire; and
(b) direct traffic on any road in the vicinity
of the closed road or closed part of a
30 road; and
(c) direct any person in the vicinity of a
fire, or likely scene of a fire, to
immediately leave that area by the
safest and shortest route.".
561085B.I-18/9/2007 17 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 22
22 Amendment of section 48--Power of authorized
officer
In section 48(2) of the Country Fire Authority
Act 1958 for "50 penalty units" substitute
5 "120 penalty units".
23 Amendment of section 49--Obligation of sawmillers
For the penalty at the foot of section 49 of the
Country Fire Authority Act 1958 substitute--
"Penalty: 60 penalty units.".
10 24 Amendment of section 50--Required safety features
of motor vehicles driven during fire danger period
near crops
In section 50(1) of the Country Fire Authority
Act 1958 for "efficient" substitute "functioning
15 and effective".
25 New section 50A inserted
After section 50 of the Country Fire Authority
Act 1958 insert--
"50A Alarm-monitoring service to provide
20 prescribed information
(1) The Authority may, by notice in writing,
require a person who conducts an alarm-
monitoring service to provide to the
Authority the prescribed information within
25 the prescribed period.
(2) A person must comply with a notice given
by the Authority under this section within
the prescribed period.
(3) In this section, alarm-monitoring service
30 means a business which includes the
receiving of signals from equipment located
at a premises that is designed to detect fire or
other emergency conditions at that
premises.".
561085B.I-18/9/2007 18 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 26
26 Amendment of section 62--Definitions for Part V
In section 62 of the Country Fire Authority Act
1958 in the definition of officer in charge, for
"metropolitan fire brigade" substitute
5 "Metropolitan Fire and Emergency Services
Board".
27 Amendment of section 74E--Remuneration and
allowances
In section 74E of the Country Fire Authority
10 Act 1958 for "from time to time" substitute
"as are".
28 Amendment of section 74G--Vacancies
After section 74G(1) of the Country Fire
Authority Act 1958 insert--
15 "(1A) A resignation under subsection (1) takes
effect--
(a) on the date specified in the letter; or
(b) if no date is specified in the letter, on
the day the letter is received by the
20 Minister.".
29 Amendment of section 77--Returns of premiums
(1) For sections 77(2)(b) and 77(2)(c) of the Country
Fire Authority Act 1958 substitute--
"(b) include any other amounts prescribed for the
25 purposes of this section;
(c) exclude--
(i) any amounts received or due to the
insurance company in respect of
re-insurance contracts or agreements;
30 and
(ii) any other amounts prescribed for the
purposes of this section.".
561085B.I-18/9/2007 19 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 30
(2) For sections 77(2A) and 77(3) of the Country
Fire Authority Act 1958 substitute--
"(3) The return must include a statutory
declaration made by the chief executive
5 officer, secretary or an authorised agent of
the company to the effect that according to
the books of the company and to the best of
his or her knowledge and belief the return
contains a true statement of the amount of
10 gross premiums.".
30 Amendment of section 80A--Contributions by
owners and insurance intermediaries
(1) Insert the following heading to section 80A of the
Country Fire Authority Act 1958--
15 "Contributions by owners and insurance
intermediaries".
(2) In sections 80A(2) and 80A(3) of the Country
Fire Authority Act 1958 for "premium"
(wherever occurring) substitute "gross premium".
20 (3) For sections 80A(3A) and 80A(3B) of the
Country Fire Authority Act 1958 substitute--
"(3A) The gross premiums shown in a return
lodged under subsection (2) must--
(a) include--
25 (i) any commissions or discounts;
and
(ii) any other amounts prescribed for
the purposes of this section;
(b) exclude--
30 (i) any amounts received or due to
the insurance company in respect
of re-insurance contracts or
agreements; and
561085B.I-18/9/2007 20 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 31
(ii) any other amounts prescribed for
the purposes of this section.".
(4) In section 80A(3C) of the Country Fire
Authority Act 1958 omit "issued by the
5 insurance intermediary".
(5) In sections 80A(3D) and 80A(4) of the Country
Fire Authority Act 1958 for "premium"
substitute "gross premium".
31 Amendment of section 87--Payment of expenses
10 when property uninsured
After section 87(9) of the Country Fire
Authority Act 1958 insert--
"(9A) If--
(a) any property situate within the country
15 area of Victoria is damaged or
destroyed by fire; and
(b) the property is insured against any of
that damage or destruction; and
(c) any contract of insurance which is of a
20 class specified by an Order made by the
Governor in Council and published in
the Government Gazette in respect of
which any claim for that damage or
destruction may be made contains
25 provision for an excess of or over
$10 000; and
(d) the damage or destruction is valued at
more than $10 000 but no more than the
amount of the excess--
30 the property must be treated for the purposes
of subsection (1) as if it is not insured.
561085B.I-18/9/2007 21 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 32
(9B) If any dispute arises about the amount of the
valuation of the damage or destruction, the
Authority may engage a suitably qualified
person to assess the value for the purposes of
5 subsection (9A)(d).".
32 Amendment of section 92--Immunity provision
In section 92(1)(c) of the Country Fire
Authority Act 1958 after "interstate fire brigade"
insert "or an international fire brigade".
10 33 Section 93A substituted
For section 93A of the Country Fire Authority
Act 1958 substitute--
"93A Interstate fire brigades and international
fire brigades
15 (1) Subject to subsection (2), an officer or
member of an interstate fire brigade or of an
international fire brigade who is present in
Victoria for the purpose of endeavouring to
prevent or suppress a fire (including the
20 prevention of a fire outside Victoria
spreading to Victoria) or to protect life or
property must--
(a) place himself or herself and any
equipment or gear in his or her charge
25 (including a fire engine) at the disposal
of; and
(b) obey any orders given to him or her
by--
the Chief Officer or other officer or member
30 in Victoria who is in charge of the fire
fighting operations and is present at the fire.
561085B.I-18/9/2007 22 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 34
(2) If the Chief Officer or other officer or
member in charge of the fire fighting
operations is not present at the fire, then,
until the arrival of the Chief Officer or other
5 officer or member, an officer or member of
the interstate fire brigade or international fire
brigade who is present at the fire and in
charge of that interstate fire brigade or
international fire brigade has and may
10 exercise all the powers, authorities, duties
and functions which by or under this Act are
conferred or imposed on the Chief Officer.
(3) Subsection (4) applies if, for the purpose of
endeavouring to prevent or suppress a fire
15 (including the prevention of a fire outside
Victoria spreading to Victoria) or to protect
life or property, an interstate fire brigade or
an international fire brigade sends only
equipment or resources to Victoria.
20 (4) If this subsection applies, then, while the
equipment or resources remain in Victoria,
the equipment or resources are subject to the
control of the Chief Officer or other officer
or member in Victoria who is in charge of
25 the fire fighting operations and is present at
the fire.".
34 Section 96 substituted
For section 96 of the Country Fire Authority
Act 1958 substitute--
30 "96 Power to Authority to use water without
charge
(1) The Authority, the Chief Officer, any officer
exercising the powers of the Chief Officer
and any officer or member of a brigade may,
35 free of charge--
561085B.I-18/9/2007 23 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 35
(a) use any--
(i) water main, water plug, valve,
pipe or works of water supply
vested in or under the
5 management or control of any
water authority or water licensee
in the country area of Victoria;
(ii) water contained in anything
referred to in subparagraph (i);
10 (iii) water in any well or tank
belonging to any person; and
(b) have access to information regarding
the location of anything referred to in
paragraph (a)--
15 for any purpose relating to a function or
power of the Authority under this Act or the
regulations or any other Act or any
regulations under that Act.
(2) In this section--
20 water authority means an Authority within
the meaning of the Water Act 1989;
water licensee means a licensee within the
meaning of the Water Act 1989.".
35 New sections 97DA and 97DB inserted
25 After section 97D of the Country Fire Authority
Act 1958 insert--
"97DA Powers of Authority to deal with
interference with the provision of
emergency services
30 (1) The Authority may order any person who, by
his or her presence or otherwise, is
interfering with the provision of a service
under section 97A, 97B or 97C or the
exercise of a power under section 97D by the
561085B.I-18/9/2007 24 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 36
Authority to leave the area in which the
service is being provided or the power is
being exercised.
(2) The Authority may direct any member of the
5 police force present in the area in which the
service is being provided or the power is
being exercised to remove any person who is
not complying with an order given to that
person under subsection (1).
10 (3) A member of the police force given a
direction under subsection (2) may use
reasonable force to remove the person from
the area in which the service is being
provided or the power is being exercised.
15 (4) The power of a member of the police force to
remove a person from an area under this
section includes a power to remove the
person from any property in which the
person has a pecuniary interest.
20 97DB Authority may charge for services
provided under other Acts or regulations
The Authority may fix and charge fees for
services provided by the Authority under any
Act or any regulations under that Act, other
25 than this Act or regulations made under this
Act.".
36 Amendment of section 98--Place where fire occurs
(1) In section 98(2) of the Country Fire Authority
Act 1958 for "the Officer's" substitute "the Chief
30 Officer's".
(2) In section 98(3) of the Country Fire Authority
Act 1958 for "Authority or Officer" (where twice
occurring) substitute "Authority or Chief
Officer".
561085B.I-18/9/2007 25 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 37
37 Amendment of section 102--Collections for
brigades to be authorized by Authority
In section 102(2) of the Country Fire Authority
Act 1958 for "5 penalty units" substitute
5 "10 penalty units".
38 Amendment of section 103A--Australian Fire
Brigades Charges Scheme
For sections 103A(2) and 103A(3) of the Country
Fire Authority Act 1958 substitute--
10 "(2) If Lloyd's fails to comply with
subsection (1), section 80A applies to
Lloyd's.".
39 New section 106A inserted
After section 106 of the Country Fire Authority
15 Act 1958 insert--
"106A Damage or interference with fire indicator
panel or other apparatus
A person must not--
(a) wilfully damage or interfere with; or
20 (b) without the consent of the Authority,
wilfully reset--
a fire indicator panel or other apparatus
designed to detect a fire or other emergency
conditions and transmit a signal of that
25 detection.
Penalty: 60 penalty units.".
40 Amendment of section 107--Obstruction of officers
and damage to apparatus
In section 107 of the Country Fire Authority
30 Act 1958 for "10 penalty units" substitute
"60 penalty units or imprisonment for not more
than 6 months or both".
561085B.I-18/9/2007 26 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 41
41 Amendment of section 107A--Offences relating to
impersonation
For the penalty at the foot of section 107A of the
Country Fire Authority Act 1958 substitute--
5 "Penalty: 120 penalty units.".
42 New sections 107B inserted
After section 107A of the Country Fire
Authority Act 1958 insert--
"107B False report of fire
10 A person must not wilfully give or cause to
be given a false report of a fire to a brigade
in the country area of Victoria.
Penalty: 60 penalty units.".
43 Amendment of section 109--Penalties for offences
15 In section 109 of the Country Fire Authority
Act 1958 for "5 penalty units as well as ½ a
penalty unit" substitute "10 penalty units and to a
further penalty of 1 penalty unit".
44 Amendment of section 110--Regulations
20 (1) In section 110(1)(b) of the Country Fire
Authority Act 1958 for "Common-wealth"
substitute "Commonwealth".
(2) In section 110(1)(ba) of the Country Fire
Authority Act 1958 omit "Country Fire
25 Authority Appeals".
(3) For section 110(1)(la) of the Country Fire
Authority Act 1958 substitute--
"(la) for providing for--
(i) the adoption of constitutions for
30 brigades and groups of brigades and the
matters to be included in those
constitutions; or
561085B.I-18/9/2007 27 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 2--Amendment of Country Fire Authority Act 1958
s. 44
(ii) the adoption of prescribed constitutions
of brigades and groups of brigades;".
(4) In section 110(1)(w) of the Country Fire
Authority Act 1958 omit "section twelve of".
5 (5) In section 110(1)(zc) of the Country Fire
Authority Act 1958 for "10 penalty units"
substitute "20 penalty units".
__________________
561085B.I-18/9/2007 28 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 3--Amendment of Emergency Management Act 1986
s. 45
PART 3--AMENDMENT OF EMERGENCY MANAGEMENT
ACT 1986
45 Amendment of section 4--Definitions
In section 4(1) of the Emergency Management See:
Act No.
5 Act 1986-- 80/1986.
Reprint No. 3
(a) insert the following definition-- as at
15 June 2000
"control agency, in relation to a particular and
amending
kind of emergency, means the agency Act Nos
primarily responsible under the State 74/2000,
59/2003,
10 emergency response plan for 98/2004,
responding to that kind of emergency;"; 108/2004,
51/2005 and
(b) the definition of DISPLAN is repealed; 74/2006.
LawToday:
www.
(c) for paragraphs (e) and (f) of the definition of legislation.
emergency substitute-- vic.gov.au
15 "(e) a plague, an epidemic or any
contamination; and
(f) a warlike or terrorist act, whether
directed at Victoria or a part of Victoria
or any other State or Territory of the
20 Commonwealth or at the
Commonwealth; and";
(d) for paragraph (a) of the definition of
emergency activity substitute--
"(a) the performance of a role, or the
25 discharge of a responsibility, of an
agency, whether acting alone or in
cooperation with one or more other
agencies--
(i) in response to, or recovery from,
30 an emergency; or
(ii) in accordance with the State
emergency response plan; or";
561085B.I-18/9/2007 29 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 3--Amendment of Emergency Management Act 1986
s. 46
(e) after the definition of government agency
insert--
"monitor includes to--
(a) check;
5 (b) observe;
(c) seek information;
(d) record information;";
(f) in the definition of State Co-ordinator for
"DISPLAN" substitute "the State
10 emergency response plan";
(g) insert the following definition--
"State emergency response plan means the
emergency response plan referred to in
section 10;";
15 (h) in the definition of volunteer emergency
worker for "DISPLAN" substitute "the State
emergency response plan".
46 Amendment of section 7--Delegation by
Co-ordinator in Chief
20 In section 7 of the Emergency Management
Act 1986 after "any other person" insert "or class
of persons".
47 Amendment of section 9A--Change of names or
titles
25 At the end of section 9A of the Emergency
Management Act 1986 insert--
"(2) Despite the changes of names or titles made
by the Emergency Services Legislation
Amendment Act 2007, the State Emergency
30 response plan is deemed to be the same plan
as DISPLAN, and no act, matter or thing is
in any way abated or affected by that
change.".
561085B.I-18/9/2007 30 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 3--Amendment of Emergency Management Act 1986
s. 48
48 Amendment of section 10--Co-ordinator in Chief to
prepare State emergency response plan
(1) Insert the following heading to section 10 of the
Emergency Management Act 1986--
5 "Co-ordinator in Chief to prepare State
emergency response plan".
(2) In sections 10(1) and 10(2) of the Emergency
Management Act 1986 for "DISPLAN"
substitute "the State emergency response plan".
10 49 Amendment of section 11--State Co-ordinator and
Deputy
(1) In section 11(1) of the Emergency Management
Act 1986 for "DISPLAN" (where twice occurring)
substitute "the State emergency response plan".
15 (2) In section 11(2) of the Emergency Management
Act 1986 for "of DISPLAN" substitute "of the
State emergency response plan".
50 Amendment of section 12--Delegation by State
Co-ordinator
20 In section 12 of the Emergency Management
Act 1986 for "of DISPLAN" substitute "of the
State emergency response plan".
51 Amendment of section 13--Regional and municipal
district Emergency Response Co-ordinators
25 (1) Insert the following heading to section 13 of the
Emergency Management Act 1986--
"Regional and municipal district Emergency
Response Co-ordinators".
(2) In section 13(1) of the Emergency Management
30 Act 1986 for "a Co-ordinator of DISPLAN"
substitute "an Emergency Response Co-ordinator
of the State emergency response plan".
561085B.I-18/9/2007 31 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 3--Amendment of Emergency Management Act 1986
s. 52
(3) In sections 13(2)(a) and 13(2)(b) of the
Emergency Management Act 1986 for
"co-ordinator" substitute "Emergency Response
Co-ordinator".
5 52 Amendment of section 14--State emergency
response committees
Insert the following heading to section 14 of the
Emergency Management Act 1986--
"State emergency response committees".
10 53 Amendment of section 15--Content of State
emergency response plan
(1) Insert the following heading to section 15 of the
Emergency Management Act 1986--
"Content of State emergency response plan".
15 (2) In section 15 of the Emergency Management
Act 1986 for "DISPLAN" substitute "The State
emergency response plan".
(3) For section 15(a) of the Emergency
Management Act 1986 substitute--
20 "(a) identifying the control agency for each form
of emergency specified in the State
emergency response plan; and".
(4) For section 15(d) of the Emergency
Management Act 1986 substitute--
25 "(d) specifying the roles and responsibilities of
Emergency Response Co-ordinators
appointed under section 13; and".
54 Amendment of section 16--Control of response to
fires
30 (1) Insert the following heading to section 16 of the
Emergency Management Act 1986--
"Control of response to fires".
561085B.I-18/9/2007 32 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 3--Amendment of Emergency Management Act 1986
s. 55
(2) In section 16(1) of the Emergency Management
Act 1986--
(a) for "a co-ordinator" substitute "an
Emergency Response Co-ordinator";
5 (b) for "the co-ordinator" substitute "the
Emergency Response Co-ordinator".
(3) In section 16(4)(a) of the Emergency
Management Act 1986--
(a) for "Natural Resources and Environment"
10 substitute "Sustainability and Environment";
(b) for "Metropolitan Fire Brigades Board"
substitute "Metropolitan Fire and
Emergency Services Board".
55 Amendment of section 16A--Control of emergency
15 responses other than fire
(1) Insert the following heading to section 16A of the
Emergency Management Act 1986--
"Control of emergency responses other than
fire".
20 (2) In section 16A(1) of the Emergency
Management Act 1986 for "a co-ordinator"
substitute "an Emergency Response
Co-ordinator".
(3) In section 16A(2) of the Emergency
25 Management Act 1986 for "the co-ordinator"
substitute "the Emergency Response
Co-ordinator".
561085B.I-18/9/2007 33 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 3--Amendment of Emergency Management Act 1986
s. 56
56 Section 17 substituted
For section 17 of the Emergency Management
Act 1986 substitute--
"17 Publication
5 As soon as practicable after the State
emergency response plan is prepared or
reviewed, the Co-ordinator in Chief must--
(a) in such manner as the Co-ordinator in
Chief determines, publish the State
10 emergency response plan or details of
the results of the review; and
(b) forward a copy of the State emergency
response plan or details of the results of
the review to every agency to which the
15 State emergency response plan
applies.".
57 Amendment of section 21A--Audit of municipal
emergency management plans
(1) Insert the following heading to section 21A of the
20 Emergency Management Act 1986--
"Audit of municipal emergency management
plans".
(2) In section 21A(1) of the Emergency
Management Act 1986 after "Director" insert
25 "of Operations".
(3) For section 21A(2) of the Emergency
Management Act 1986 substitute--
"(2) The Director of Operations of the Victoria
State Emergency Service must during the
30 audit invite submissions on the municipal
plan from the divisional emergency response
committee and the regional recovery
committee.".
561085B.I-18/9/2007 34 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 3--Amendment of Emergency Management Act 1986
s. 58
(4) In section 21A(3) of the Emergency
Management Act 1986 after "Director" insert
"of Operations".
58 Part 4A heading substituted
5 For the Heading to Part 4A of the Emergency
Management Act 1986 substitute--
"PART 4A--EMERGENCY SERVICES
COMMISSIONER".
59 Amendment of section 21C--Functions and powers
10 of the Commissioner
(1) After section 21C(1)(ab) of the Emergency
Management Act 1986 insert--
"(aba) to monitor the performance (in matters that
are not financial matters) of emergency
15 services agencies;".
(2) In section 21C(1)(ac) of the Emergency
Management Act 1986 for "make
recommendations" substitute "advise, make
recommendations and report".
20 (3) After section 21C(1)(ac) of the Emergency
Management Act 1986 insert--
"(aca) to advise, make recommendations and report
to the Minister on matters arising from any
monitoring of an emergency services
25 agency;".
(4) For section 21C(1)(b) of the Emergency
Management Act 1986 substitute--
"(b) to advise, make recommendations and report
to the Minister on emergencies, emergency
30 activity or emergency management;".
561085B.I-18/9/2007 35 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 3--Amendment of Emergency Management Act 1986
s. 60
60 Section 21D amended--Commissioner to prepare
standards
In section 21D(1) of the Emergency
Management Act 1986 for "must" substitute
5 "may".
61 Section 21E substituted
For section 21E of the Emergency Management
Act 1986 substitute--
"21E Commissioner may monitor or investigate
10 emergency services agencies
(1) The Commissioner may arrange for the
monitoring from time to time of the adoption
and compliance with the standards prepared
under section 21D.
15 (2) The Commissioner may arrange for the
monitoring and investigation from time to
time of the performance (in matters that are
not financial matters) of the Emergency
Services Telecommunications Authority in
20 relation to the provision of services by the
Emergency Services Telecommunications
Authority to emergency services agencies
and other related services organisations.
(3) The Commissioner may arrange for the
25 monitoring from time to time of the
performance (in matters that are not financial
matters) of an emergency services agency in
relation to emergencies, emergency
management or emergency activity.
30 (4) The Commissioner may make an
arrangement under subsection (2) or (3)--
(a) of his or her own motion; or
(b) at the request of the Minister.
561085B.I-18/9/2007 36 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 3--Amendment of Emergency Management Act 1986
s. 62
(5) Without limiting subsection (4), the
Commissioner may also make an
arrangement for the monitoring and
investigation of the Emergency Services
5 Telecommunications Authority under
subsection (2) at the request of an agency or
organisation to which the Emergency
Services Telecommunications Authority has
provided services.
10 (6) The Commissioner may advise, make
recommendations and report to the Minister
on a matter arising from any monitoring or
investigation.".
62 Amendment of section 21F--Power to require
15 information to be given
(1) For sections 21F(1)(c) and 21F(1)(d) of the
Emergency Management Act 1986 substitute--
"(c) to monitor or investigate the performance of
emergency services agencies under this Part;
20 or
(d) to advise, make recommendations and report
to the Minister on any matter arising under
this Part.".
(2) In section 21F(2) of the Emergency
25 Management Act 1986--
(a) omit "(a) or (b)"; and
(b) after "the Commissioner," insert "in the
form requested by the Commissioner,".
(3) In section 21F(2A) of the Emergency
30 Management Act 1986 omit "(c) or (d)".
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Emergency Services Legislation Amendment Bill 2007
Part 3--Amendment of Emergency Management Act 1986
s. 63
(4) For section 21F(2B) of the Emergency
Management Act 1986 substitute--
"(2B) If the Commissioner reasonably believes that
it is urgent that information that he or she has
5 required to be given under subsection (1) be
given within a lesser time than that specified
by subsection (2) or (2A)--
(a) the Commissioner may, in writing or
otherwise, specify a lesser period for
10 the giving of the information; and
(b) the information must be provided
within that lesser period.".
63 Amendment of section 24--Powers and duties of
Co-ordinator in Chief
15 (1) After section 24(6) of the Emergency
Management Act 1986 insert--
"(6A) An application under subsection (6) for a
review must be made within 28 days after
the later of--
20 (a) the day on which the applicant is
notified of the decision; or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the applicant requests a statement of
25 reasons for the decision, the day on
which the statement of reasons is given
to the applicant or the applicant is
informed under section 46(5) of that
Act that a statement of reasons will not
30 be given.".
(2) Section 24(7) of the Emergency Management
Act 1986 is repealed.
561085B.I-18/9/2007 38 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 3--Amendment of Emergency Management Act 1986
s. 64
64 Amendment of section 36--Offence of obstructing
emergency worker
For the penalty at the foot of section 36(1) of the
Emergency Management Act 1986 substitute--
5 "Penalty: 60 penalty units or 6 months
imprisonment.".
65 Amendment of section 36A--Declaration of
emergency area
(1) In section 36A(1) of the Emergency
10 Management Act 1986 for "agency primarily
responsible for responding to" substitute "control
agency for".
(2) In section 36A(3) of the Emergency
Management Act 1986 for "must be" substitute
15 "must, if the officer of the police referred to in
subsection (1) considers it appropriate to do so in
the circumstances, be".
66 Amendment of section 36B--Powers in respect of
emergency area
20 (1) In section 36B(1)(c) of the Emergency
Management Act 1986 omit "on any road or
footpath or in any open space or in any vehicle on
any road, footpath or open space,".
(2) For section 36B(4) of the Emergency
25 Management Act 1986 substitute--
"(4) A direction, prohibition or authorisation
under subsection (1) may be--
(a) given orally to a person or group of
persons; or
30 (b) broadcast, televised or communicated
from a broadcasting station, television
station or other communication centre
in an announcement authorised by the
State Co-ordinator.".
561085B.I-18/9/2007 39 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 3--Amendment of Emergency Management Act 1986
s. 67
(3) For section 36B(5) of the Emergency
Management Act 1986 substitute--
"(5) An officer of the police on duty in or near
the emergency area may--
5 (a) order any person in or near the
emergency area who--
(i) interferes by his or her presence or
otherwise with the operations of
emergency workers; or
10 (ii) the officer of the police
reasonably suspects has or may
commit an offence against this
Act--
to leave the emergency area by the
15 safest and shortest route or not to enter
the emergency area and to leave the
area by the safest and shortest route;
and
(b) use reasonable force to ensure
20 compliance with the order.".
(4) After section 36B(5) of the Emergency
Management Act 1986 insert--
"(6) The exercise of a power under this section is
not invalid only because the relevant copy of
25 a declaration or a sign posted under
section 36A(3) was destroyed, damaged or
obscured at the time the power was
exercised.".
67 Amendment of section 36C--Offences
30 (1) For the penalty at the foot of section 36C(1) of the
Emergency Management Act 1986 substitute--
"Penalty: 10 penalty units.".
561085B.I-18/9/2007 40 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 3--Amendment of Emergency Management Act 1986
s. 68
(2) For the penalty at the foot of section 36C(2) of the
Emergency Management Act 1986 substitute--
"Penalty: 120 penalty units.".
68 Amendment of section 38--Offence of making false
5 compensation claim
For the penalty at the foot of section 38 of the
Emergency Management Act 1986 substitute--
"Penalty: 60 penalty units.".
69 Amendment of section 39--Regulations
10 In section 39(b) of the Emergency Management
Act 1986 for "DISPLAN" substitute "the State
emergency response plan".
__________________
561085B.I-18/9/2007 41 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 70
PART 4--AMENDMENT OF METROPOLITAN FIRE
BRIGADES ACT 1958
70 Amendment of section 3--Definitions
See: In section 3(1) of the Metropolitan Fire
Act No.
5 6315. Brigades Act 1958--
Reprint No. 10
as at (a) for the definition of emergency substitute--
1 July 2006
and "emergency has the same meaning as in
amending
Act Nos section 4(1) of the Emergency
74/2006 and Management Act 1986;
80/2006.
10 LawToday:
www.
Emergency Services Telecommunications
legislation. Authority means the Emergency
vic.gov.au Services Telecommunications
Authority established under section 5 of
the Emergency Services
15 Telecommunications Authority Act
2004;";
(b) in the definition of fire after paragraph (b)
insert--
"and
20 (c) the threat of a fire re-igniting;";
(c) insert the following definitions--
"international fire brigade means--
(a) a fire brigade or unit (however
described); or
25 (b) any other agency or organisation
constituted for the purpose of fire
management or which has a fire
management role; or
(c) any other emergency services
30 organisation--
established outside Australia;
561085B.I-18/9/2007 42 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 70
interstate fire brigade means--
(a) a fire brigade or unit (however
described); or
(b) any other agency or organisation
5 constituted for the purpose of fire
management or which has a fire
management role; or
(c) any other emergency services
organisation--
10 established outside Victoria but within
Australia;
managing agent--
(a) means a person who, for reward
(whether monetary or
15 otherwise)--
(i) undertakes responsibility for
the management, operation
or safety of the premises or
the safety of the occupants of
20 the premises; or
(ii) if there is an owners
corporation in relation to the
premises, is appointed or
employed by the owners
25 corporation under section 9
of the Owners
Corporations Act 2006 to
assist the owners corporation
in carrying out its functions
30 under that Act in respect of
the premises;
561085B.I-18/9/2007 43 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 70
(b) does not include--
(i) an owners corporation; or
(ii) a contractor of a person
referred to in paragraph (a);
5 or
(iii) a licensed estate agent,
within the meaning of the
Estate Agents Act 1980,
acting in the course of an
10 activity or transaction that is
regulated by that Act;";
(d) for the definition of metropolitan district
substitute--
"metropolitan district means the
15 metropolitan fire district established
under section 4;";
(e) for the definition of owner substitute--
"owner has the same meaning as in the
Subdivision Act 1988;
20 owners corporation has the same meaning as
in the Owners Corporations
Act 2006;";
(f) for the definitions of senior operational staff
and senior position substitute--
25 "senior operational staff means all
employees of the Board employed in
positions in units designated by the
Board as senior positions;";
(g) for the definition of unit substitute--
30 "unit means a brigade or other fire or
emergency service unit established
under this Act;";
561085B.I-18/9/2007 44 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 71
(h) insert the following definitions--
"water authority means an Authority within
the meaning of the Water Act 1989;
water licensee means a licensee within the
5 meaning of the Water Act 1989;".
71 Amendment of section 7--Functions of Board
(1) In section 7(1)(c) of the Metropolitan Fire
Brigades Act 1958 for "under this Act or any
other Act" substitute "under this Act or the
10 regulations or any other Act or any regulations
under that Act".
(2) In section 7(3) of the Metropolitan Fire
Brigades Act 1958 for "metropolitan fire district"
substitute "metropolitan district".
15 72 Amendment of section 11--Remuneration and
allowances
In section 11(1) of the Metropolitan Fire
Brigades Act 1958 for "from time to time"
substitute "as are".
20 73 New section 11A inserted
After section 11 of the Metropolitan Fire
Brigades Act 1958 insert--
"11A Rights of President in relation to the
public service and superannuation
25 (1) The Public Administration Act 2004 (other
than Part 3 of that Act) applies to a person
appointed as President of the Board in
respect of the office of President.
(2) If a person appointed as President of the
30 Board was, immediately before his or her
appointment, an employee in the public
service, he or she is eligible at the
termination of his or her term of office under
this Act to be employed in the public service
561085B.I-18/9/2007 45 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 74
with a classification and remuneration
corresponding with or higher than that which
he or she held or received immediately
before his or her appointment as the
5 President of the Board as if the whole period
of his or her service under this Act had been
a period of service in the public service.
(3) If a person appointed as President of the
Board was, immediately prior to that
10 appointment, an officer within the meaning
of the State Superannuation Act 1988 or
any corresponding previous enactment, he or
she is, despite that appointment, deemed to
continue subject to that Act to be an officer
15 within the meaning of that Act.".
74 Amendment of section 13--Vacancies
After section 13(1) of the Metropolitan Fire
Brigades Act 1958, insert--
"(1A) A resignation under subsection (1) takes
20 effect--
(a) on the date specified in the letter; or
(b) if no date is specified in the letter, on
the day the letter is received by the
Minister.".
25 75 Amendment of section 14--Acting members
In section 14(1) of the Metropolitan Fire
Brigades Act 1958 after "period of" insert
"the member's".
76 Amendment of section 24A--Power to acquire land
30 In section 24A(1) of the Metropolitan Fire
Brigades Act 1958 omit "which it is authorized to
acquire under this Act or".
561085B.I-18/9/2007 46 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 77
77 Amendment of section 26--Formation of units
In section 26(1) of the Metropolitan Fire
Brigades Act 1958 omit "and from time to time".
78 Section 31A substituted
5 For section 31A of the Metropolitan Fire
Brigades Act 1958 substitute--
"31A Delegation of powers by Chief Officer
The Chief Officer may, by written
instrument, delegate to any person by name
10 or to the holder of an office or position
approved by the Board, either generally or as
otherwise provided by the instrument, any
power or authority conferred on the Chief
Officer under this Act or the regulations or
15 under any other Act or any regulations under
that Act, except this power of delegation.".
79 Amendment of section 32B--Action on alarm of fire
(1) In section 32B(3) of the Metropolitan Fire
Brigades Act 1958--
20 (a) for "senior member of the operational staff"
substitute "member of the senior operational
staff"; and
(b) in paragraph (d) omit ", and cause to be
removed any persons who fail or refuse to
25 comply with any such order to withdraw".
(2) After section 32B(4) of the Metropolitan Fire
Brigades Act 1958 insert--
"(4A) If a person who is the subject of an order
under subsection (3)(d) fails or refuses to
30 comply immediately with the order, the
member of the senior operational staff, or a
member of the police force, may--
(a) use reasonable force to remove the
person; or
561085B.I-18/9/2007 47 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 80
(b) direct the forcible removal of the
person.
(4B) A member of the operational staff, or a
member of the police force, in receipt of a
5 direction under subsection (4A)(b) may use
reasonable force to remove the person who
has been ordered to withdraw.".
(3) In section 32B(5) of the Metropolitan Fire
Brigades Act 1958 for "senior member of the
10 operational staff" substitute "member of the
senior operational staff".
(4) In section 32B(5A) of the Metropolitan Fire
Brigades Act 1958 omit "(within the meaning of
the Emergency Services Telecommunications
15 Authority Act 2004)".
(5) For section 32B(6) of the Metropolitan Fire
Brigades Act 1958 substitute--
"(6) In this section, member of the senior
operational staff, in relation to the scene of
20 an alarm of fire, means the person
determined in accordance with the directions
of the Chief Officer to be the member of the
senior operational staff at the scene.".
80 Amendment of section 32C--Destruction of building
25 by Chief Officer
(1) Insert the following heading to section 32C of the
Metropolitan Fire Brigades Act 1958--
"Destruction of building by Chief Officer".
(2) In section 32C(1A) of the Metropolitan Fire
30 Brigades Act 1958 for "senior member of the
operational staff" substitute "member of the
senior operational staff".
561085B.I-18/9/2007 48 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 81
81 Section 32D substituted
For section 32D of the Metropolitan Fire
Brigades Act 1958 substitute--
"32D False alarm of fire
5 (1) This section applies if a unit in the
metropolitan district responds to a false
alarm of fire at a premises given by or
originating from--
(a) an automatic fire alarm system; or
10 (b) equipment designed to detect a fire or
other emergency conditions and
transmit a signal of that detection.
(2) If this section applies, the Board may, by
written notice, require the owner, occupier,
15 owners corporation or managing agent of the
premises to provide details of the
circumstances of the false alarm of fire to the
Board.
(3) A person must within 14 days after the day
20 on which the person receives the notice
under subsection (2), provide the Board with
a written explanation of the circumstances of
the false alarm of fire and any information
supporting the explanation including
25 maintenance and testing records.
(4) If the Board after considering--
(a) any explanation and information
provided by the person under
subsection (3); and
30 (b) any report of the member of the
operational staff who attended at the
false alarm of fire at the premises; and
(c) the history of any attendances at the
premises; and
561085B.I-18/9/2007 49 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 81
(d) any other material that the Board
considers is relevant--
is not satisfied that there was a reasonable
excuse for the occurrence of the false alarm
5 of fire, the Board may by written notice
require that person to pay to the Board the
fees and charges prescribed for the
attendance of the unit in response to the false
alarm.
10 (5) A person who receives a notice under
subsection (4) may apply to the Victorian
Civil and Administrative Tribunal for review
of the decision of the Board to issue the
notice.
15 (6) An application under subsection (5) for a
review must be made within 28 days after
the later of--
(a) the day on which the applicant is
notified of the decision; or
20 (b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the applicant requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
25 to the applicant or the applicant is
informed under section 46(5) of that
Act that a statement of reasons will not
be given.".
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Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 82
82 New section 33 inserted
After section 32D of the Metropolitan Fire
Brigades Act 1958 insert--
"33 False report of fire
5 A person must not wilfully give or cause to
be given a false report of a fire to a unit in
the metropolitan district.
Penalty: 60 penalty units.".
83 Amendment of section 34--Regulations
10 (1) In section 34(1)(j) of the Metropolitan Fire
Brigades Act 1958 for "brigades" (where twice
occurring) substitute "units".
(2) In section 34(1)(k) of the Metropolitan Fire
Brigades Act 1958 omit "fire or emergency
15 service".
(3) For sections 34(1)(o), 34(1)(oa) and 34(1)(ob) of
the Metropolitan Fire Brigades Act 1958
substitute--
"(o) for prescribing, or authorising the Board to
20 fix, the fees and charges to be paid to the
Board for--
(i) the inspection by the Board of plans,
premises and equipment for the
prevention or suppression of fire;
25 (ii) any service the Board is empowered to
provide under this or any other Act;
(iii) any other service rendered by the Board
(whether within or outside Victoria);
(oa) for prescribing, for the purposes of this Act
30 and the Summary Offences Act 1966, the
expenses and charges of any unit or brigade
in relation to attendance at any fire or
answering any alarm;".
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Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 84
84 Amendment of section 40--Returns of premiums
(1) For sections 40(2)(b) and 40(2)(c) of the
Metropolitan Fire Brigades Act 1958
substitute--
5 "(b) include any other amounts prescribed for the
purposes of this section;
(c) exclude--
(i) any amounts received or due to the
insurance company in respect of
10 re-insurance contracts or agreements;
and
(ii) any other amounts prescribed for the
purposes of this section.".
(2) For sections 40(2A) and 40(3) of the
15 Metropolitan Fire Brigades Act 1958
substitute--
"(3) The return must include a statutory
declaration made by the chief executive
officer, secretary or an authorised agent of
20 the company to the effect that according to
the books of the company and to the best of
his or her knowledge and belief the return
contains a true statement of the amount of
gross premiums.".
25 85 Amendment of section 41--Penalties in relation to
returns
For section 41(5)(c) of the Metropolitan Fire
Brigades Act 1958 substitute--
"(c) for the purposes of this section, the insurance
30 company is deemed to have lodged its return
with effect from the date on which the Board
completes its estimation under
paragraph (a);".
561085B.I-18/9/2007 52 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 86
86 Amendment of section 42--Inspection of documents
(1) In section 42(1)(aa) of the Metropolitan Fire
Brigades Act 1958 omit "of property".
(2) In section 42(1)(c) of the Metropolitan Fire
5 Brigades Act 1958 after "contract" insert
"or policy".
87 Amendment of section 44A--Contributions by
owners and insurance intermediaries
(1) Insert the following heading to section 44A of the
10 Metropolitan Fire Brigades Act 1958--
"Contributions by owners and insurance
intermediaries".
(2) In sections 44A(2) and 44A(3) of the
Metropolitan Fire Brigades Act 1958 for
15 "premium" (wherever occurring) substitute
"gross premium".
(3) For sections 44A(3A) and 44A(3B) of the
Metropolitan Fire Brigades Act 1958
substitute--
20 "(3A) The gross premiums shown in the return
lodged under subsection (2) must--
(a) include--
(i) any commissions or discounts;
and
25 (ii) any other amounts prescribed for
the purposes of this section;
(b) exclude--
(i) any amounts received or due to
the insurance company in respect
30 of re-insurance contracts or
agreements; and
(ii) any other amounts prescribed for
the purposes of this section.".
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Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 88
(4) In section 44A(3C) of the Metropolitan Fire
Brigades Act 1958 omit "issued by the insurance
intermediary".
(5) In sections 44A(3D) and 44A(4) of the
5 Metropolitan Fire Brigades Act 1958 for
"premium" substitute "gross premium".
88 Amendment of section 54A--Immunity from certain
liabilities
In section 54A(a) of the Metropolitan Fire
10 Brigades Act 1958 after "55D" insert ", 55DA".
89 Amendment of section 55D--Board may provide
emergency prevention and response service
In section 55D of the Metropolitan Fire
Brigades Act 1958 for "metropolitan fire district"
15 substitute "metropolitan district".
90 New sections 55DA and 55DB inserted
After section 55D of the Metropolitan Fire
Brigades Act 1958 insert--
"55DA Powers of Board to deal with interference
20 with the provision of emergency services
(1) The Board may order any person who, by his
or her presence or otherwise, is interfering
with the provision of a service under section
55A, 55B or 55C or the exercise of a power
25 under section 55D by the Board to leave the
area in which the service is being provided
or the power is being exercised.
(2) The Board may direct any member of the
police force present in the area in which the
30 service is being provided or the power is
being exercised to remove any person who is
not complying with an order given to that
person under subsection (1).
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Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 91
(3) A member of the police force given a
direction under subsection (2) may use
reasonable force to remove the person from
the area in which the service is being
5 provided or the power is being exercised.
(4) The power of a member of the police force to
remove a person from an area under this
section includes a power to remove the
person from any property in which the
10 person has a pecuniary interest.
55DB Board may charge for services provided
under other Acts or regulations
The Board may fix and charge fees for
services provided by the Board under any
15 Act or any regulations under that Act, other
than this Act or the regulations made under
this Act.".
91 Amendment of section 55E--Activities outside
metropolitan district
20 (1) Insert the following heading to section 55E of the
Metropolitan Fire Brigades Act 1958--
"Activities outside metropolitan district".
(2) In sections 55E(1), 55E(2) and 55E(3) of the
Metropolitan Fire Brigades Act 1958 for
25 "metropolitan fire district" substitute
"metropolitan district".
(3) After section 55E(3) of the Metropolitan Fire
Brigades Act 1958 insert--
"(4) The powers and authorities conferred by this
30 Act on the Chief Officer in respect of the
metropolitan district may be exercised by the
Chief Officer, or any officer in charge of any
unit or units present, at a place in the country
area of Victoria where there is a fire or a
561085B.I-18/9/2007 55 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 92
danger of a fire occurring if an officer of the
Country Fire Authority--
(a) is not present at that place; or
(b) is unable to exercise those powers and
5 authorities.
(5) In subsection (4)--
country area of Victoria has the same
meaning as in section 3(1) of the
Country Fire Authority Act 1958;
10 Country Fire Authority means the Country
Fire Authority established under Part I
of the Country Fire Authority Act
1958.".
92 Amendment of section 58--Removal of persons
15 from burning premises
(1) For section 58(1) of the Metropolitan Fire
Brigades Act 1958 substitute--
"(1) A member of a unit or a member of the
police force may order any person who is not
20 acting under the control or direction of a
member of a unit--
(a) to withdraw from, or refrain from
entering, any burning premises or
premises threatened by fire; or
25 (b) subject to subsection (3), to withdraw
from, or refrain from entering, the
vicinity of the premises referred to in
paragraph (a).".
(2) In section 58(2) of the Metropolitan Fire
30 Brigades Act 1958 for "so withdraw" substitute
"comply with an order under subsection (1)".
561085B.I-18/9/2007 56 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 93
(3) For section 58(3) of the Metropolitan Fire
Brigades Act 1958 substitute--
"(3) An order under subsection (1)(b) may be
given to a person with a pecuniary interest in
5 the premises referred to in subsection (1)(a)
only if that person is interfering, by their
presence or otherwise, with the operations of
the unit.".
93 Section 59 substituted
10 For section 59 of the Metropolitan Fire Brigades
Act 1958 substitute--
"59 Rights to water
(1) The Board, its operational staff and any unit
registered under this Act may, free of
15 charge--
(a) use any--
(i) water main, water plug, valve,
pipe or works of water supply
vested in or under the
20 management or control of any
water authority or water licensee
in the metropolitan district;
(ii) water contained in anything
referred to in subparagraph (i);
25 (iii) water in any well or tank
belonging to any person; and
(b) have access to information regarding
the location of anything referred to in
paragraph (a)--
30 for any purpose relating to a function or
power of the Board under this Act or the
regulations or any other Act or the
regulations under that Act.
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Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 94
(2) Every turncock or other similar officer or
employee of a water authority or water
licensee in the metropolitan district must, on
the occurrence of any fire within the area
5 under his or her supervision--
(a) proceed as quickly as possible to the
place where the fire is; and
(b) free of charge, assist by all means in his
or her power to ensure a copious supply
10 and pressure of water.".
94 Amendment of section 61--Police to aid units
(1) In section 61(1) of the Metropolitan Fire
Brigades Act 1958--
(a) for "senior member of the operational staff"
15 substitute "member of the senior operational
staff";
(b) in paragraph (a), for "senior member's
authority" substitute "authority of the
member of the senior operational staff";
20 (c) in paragraph (b), for "senior member"
substitute "member of the senior operational
staff".
(2) In section 61(3)(b) of the Metropolitan Fire
Brigades Act 1958 for "senior member of the
25 operational staff" substitute "member of the
senior operational staff".
(3) For section 61(4) of the Metropolitan Fire
Brigades Act 1958 substitute--
"(4) In this section, member of the senior
30 operational staff has the same meaning as in
section 32B.".
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Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 95
95 Amendment of section 63--Hotels and theatres to
keep life-saving apparatus
(1) In section 63(2) of the Metropolitan Fire
Brigades Act 1958--
5 (a) for "not more than 2/5 of a penalty unit and to
a further penalty of not more than 1/10 of a
penalty unit" substitute "not more than
60 penalty units and to a further penalty of
not more than 10 penalty units"; and
10 (b) omit "Fire".
(2) In section 63(3) of the Metropolitan Fire
Brigades Act 1958 omit "Fire".
96 Amendment of section 64
(1) In section 64(1) of the Metropolitan Fire
15 Brigades Act 1958--
(a) for "the council of every city town or
borough" substitute ", a municipal council";
(b) for "such city town or borough" substitute
"the municipal district".
20 (2) In section 64(2) of the Metropolitan Fire
Brigades Act 1958 for "not more than 1/5 of a
penalty unit" substitute "not more than 60 penalty
units and to a further penalty of not more than
10 penalty units".
25 97 Repeal of section 65
Section 65 of the Metropolitan Fire Brigades
Act 1958 is repealed.
561085B.I-18/9/2007 59 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 98
98 Amendment of section 66--Payment of expenses
where property uninsured
(1) For section 66(1) of the Metropolitan Fire
Brigades Act 1958 substitute--
5 "(1) The owner of any uninsured property in the
metropolitan district is liable to pay to the
Board the reasonable costs and expenses
incurred by the Board in attending and
providing fire fighting services for the owner
10 in relation to that property.".
(2) After section 66(8) of the Metropolitan Fire
Brigades Act 1958 insert--
"(8A) If--
(a) any property situated within the
15 metropolitan district is damaged or
destroyed by fire; and
(b) the property is insured against any of
that damage or destruction; and
(c) any contract of insurance which is of a
20 class specified by an Order made by the
Governor in Council and published in
the Government Gazette in respect of
which any claim for that damage or
destruction may be made contains
25 provision for an excess of or over
$10 000; and
(d) the damage or destruction is valued at
more than $10 000 but no more than the
amount of the excess--
30 the property must be treated for the purposes
of subsection (1) as if it is uninsured.
561085B.I-18/9/2007 60 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 99
(8B) If any dispute arises about the amount of the
valuation of the damage or destruction, the
Board may engage a suitably qualified
person to assess the value for the purposes of
5 subsection (8A)(d).".
(3) In section 66(9)(b) of the Metropolitan Fire
Brigades Act 1958 after "contract" insert "or
policy".
99 Amendment of section 70--Owner to give
10 information as to insurance
In section 70(3) of the Metropolitan Fire
Brigades Act 1958 for "5 penalty units"
substitute "60 penalty units".
100 Amendment of section 71--Place where fire occurs
15 In section 71(3) of the Metropolitan Fire
Brigades Act 1958 for "or Officer" (where twice
occurring) substitute "or Chief Officer".
101 Amendment of section 72--Board or unit may carry
out fire prevention work
20 (1) Insert the following heading to section 72 of the
Metropolitan Fire Brigades Act 1958--
"Board or unit may carry out fire prevention
work".
(2) In section 72(2) of the Metropolitan Fire
25 Brigades Act 1958 after "if not paid," insert
"the outstanding payment".
(3) In section 72(3) of the Metropolitan Fire
Brigades Act 1958 for "senior member of the
operational staff" substitute "member of the
30 senior operational staff".
561085B.I-18/9/2007 61 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 102
(4) For section 72(4) of the Metropolitan Fire
Brigades Act 1958 substitute--
"(4) In this section, member of the senior
operational staff has the same meaning as in
5 section 32B.".
102 New section 72A inserted
After section 72 of the Metropolitan Fire
Brigades Act 1958 insert--
"72A Interstate fire brigades and international
10 fire brigades
(1) Subject to this section, an officer or member
of an interstate fire brigade or of an
international fire brigade who is present in
the metropolitan district for the purpose of
15 endeavouring to prevent or suppress a fire
(including the prevention of a fire outside the
metropolitan district spreading to the
metropolitan district) or to protect life or
property must--
20 (a) place himself or herself and any
equipment or gear in his or her charge
(including a fire engine) at the disposal
of; and
(b) obey any orders given to him or her
25 by--
the Chief Officer or the member of the senior
operational staff in the metropolitan district
who is in charge of the fire fighting
operations and is present at the fire.
30 (2) If the Chief Officer or the member of the
senior operational staff in charge of the fire
fighting operations is not present at the fire,
then, until the arrival of the Chief Officer or
member of the senior operational staff, an
35 officer or member of the interstate fire
561085B.I-18/9/2007 62 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 103
brigade or international fire brigade who is
present at the fire and in charge of that
interstate fire brigade or international fire
brigade has and may exercise all the powers,
5 authorities, duties and functions which by or
under this Act are conferred or imposed on
the Chief Officer.
(3) Subsection (4) applies if, for the purpose of
endeavouring to prevent or suppress a fire
10 (including the prevention of a fire outside the
metropolitan district spreading to the
metropolitan district) or to protect life or
property, an interstate fire brigade or an
international fire brigade sends only
15 equipment or resources to the metropolitan
district.
(4) If this subsection applies, then, while the
equipment or resources remain in Victoria,
the equipment or resources are subject to the
20 control of the Chief Officer or the member of
the senior operational staff in the
metropolitan district who is in charge of the
fire fighting operations and is present at the
fire.".
25 103 Amendment of section 75--Documents signed by
President or Chief Executive Officer to be evidence
(1) Insert the following heading to section 75 of the
Metropolitan Fire Brigades Act 1958--
"Documents signed by President or Chief
30 Executive Officer to be evidence".
(2) In section 75 of the Metropolitan Fire Brigades
Act 1958 for "the president" substitute "the
President or the Chief Executive Officer".
561085B.I-18/9/2007 63 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 104
104 Amendment of section 75A--Offences relating to
impersonation
For the penalty at the foot of section 75A of the
Metropolitan Fire Brigades Act 1958
5 substitute--
"Penalty: 120 penalty units.".
105 New sections 75B and 75C inserted
After section 75A of the Metropolitan Fire
Brigades Act 1958 insert--
10 "75B Damage or interference with fire indicator
panel or other apparatus
A person must not--
(a) wilfully damage or interfere with; or
(b) without the consent of the Board,
15 wilfully reset--
a fire indicator panel or other apparatus
designed to detect a fire or other emergency
conditions and transmit a signal of that
detection.
20 Penalty: 60 penalty units.
75C Obstruction of officers and damage to
apparatus
A person must not--
(a) wilfully obstruct, hinder or interfere
25 with the Chief Officer, any member of
the senior operational staff, any
operational staff or any other person in
the exercise of any power or the
performance of any duty conferred or
30 imposed by or under this Act; or
561085B.I-18/9/2007 64 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 106
(b) wilfully damage or interfere with any
apparatus or other property of the
Board or with any fire alarm, hydrant,
water plug or other apparatus for the
5 prevention or suppression of fire; or
(c) drive any vehicle over a fire hose; or
(d) drive any vehicle within such proximity
to the place of any fire or to any
apparatus in use at any fire as to
10 interfere with the operations of any unit
at the fire or the use of that apparatus.
Penalty: 60 penalty units or imprisonment
for 6 months or both.".
106 Amendment of section 76--Penalty for offences
15 In section 76 of the Metropolitan Fire Brigades
Act 1958 for "not more than 1 penalty unit and to
a further penalty of not more than ½ of a penalty
unit" substitute "not more than 10 penalty units
and to a further penalty of not more than 1 penalty
20 unit".
107 Amendment of section 77--Recovery and
application of penalties
(1) In section 77(1)(b) of the Metropolitan Fire
Brigades Act 1958 for "officer or" substitute
25 "officer,".
(2) In section 77(2) of the Metropolitan Fire
Brigades Act 1958 for "by," substitute "by".
561085B.I-18/9/2007 65 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 108
108 New section 78 inserted
After section 77A of the Metropolitan Fire
Brigades Act 1958 insert--
"78 Alarm-monitoring service to provide
5 prescribed information
(1) The Board may, by notice in writing, require
a person who conducts an alarm-monitoring
service to provide to the Board the
prescribed information within the prescribed
10 period.
(2) A person must comply with a notice given
by the Board under this section within the
prescribed period.
(3) In this section, alarm-monitoring service
15 means a business which includes the
receiving of signals from equipment located
at a premises that is designed to detect fire or
other emergency conditions at that
premises.".
20 109 Amendment of section 78B--Laying of charges
For section 78B(2) of the Metropolitan Fire
Brigades Act 1958 substitute--
"(2) In relation to a person charged under
subsection (1), the Chief Executive Officer
25 may, until the charge is dealt with under
section 78D--
(a) suspend the person from duty with pay;
or
(b) transfer the person, on the same
30 conditions, wage and entitlements, to--
(i) a different position within the
same unit; or
(ii) a position in another unit; or
561085B.I-18/9/2007 66 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 110
(iii) a position outside a unit; or
(iv) a non-operational position.".
110 Amendment of section 78C--Hearing of charges
At the end of section 78C of the Metropolitan
5 Fire Brigades Act 1958 insert--
"(5) The Chief Executive Officer may delegate in
accordance with section 30 his or her duty to
hear a charge laid under section 78B to any
suitably qualified person, whether or not the
10 person is an employee of the Board.".
111 Amendment of section 78D--Decision of Chief
Executive Officer
In section 78D(1)(d) of the Metropolitan Fire
Brigades Act 1958 omit "with or".
15 112 Amendment of section 79F--Vacancies
After section 79F(1) of the Metropolitan Fire
Brigades Act 1958 insert--
"(1A) A resignation under subsection (1) takes
effect--
20 (a) on the date specified in the letter; or
(b) if no date is specified in the letter, on
the day the letter is received by the
Minister.".
113 Amendment of section 81--Entitlement to long
25 service leave
In section 81(2) of the Metropolitan Fire
Brigades Act 1958 for "where the completed
years of service are more than ten" substitute
"where the completed years of service are ten or
30 more".
561085B.I-18/9/2007 67 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 114
114 Section 82 substituted
For section 82 of the Metropolitan Fire Brigades
Act 1958 substitute--
"82 Leave not to affect Board's activities
5 The Board may refuse to grant long service
leave in any case at a particular time if the
activities and obligations of the Board would
be unduly affected by the granting of long
service leave to numbers of employees of the
10 Board at or about the same time.".
115 Amendment of section 91--Compliance with notices
For the penalty at the foot of section 91 of the
Metropolitan Fire Brigades Act 1958
substitute--
15 "Penalty: 120 penalty units or imprisonment for
12 months.".
116 Amendment of section 92--Fire prevention
infringement notices
In section 92(1) of the Metropolitan Fire
20 Brigades Act 1958 for "2 penalty units"
substitute "10 penalty units".
117 Amendment of section 93--Issue of notices by Chief
Officer
For section 93(1) of the Metropolitan Fire
25 Brigades Act 1958 substitute--
"(1) The Chief Officer may serve a fire
prevention notice on the owner or occupier
of any land if--
(a) the Chief Officer--
30 (i) forms the opinion referred to in
section 87(2); and
561085B.I-18/9/2007 68 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 4--Amendment of Metropolitan Fire Brigades Act 1958
s. 117
(ii) requests the relevant fire
prevention officer to issue a fire
prevention notice within the time
specified by the Chief Officer; and
5 (b) the relevant fire prevention officer
refuses or fails to comply with that
request.".
__________________
561085B.I-18/9/2007 69 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 5--Amendment of Victoria State Emergency Service Act 2005
s. 118
PART 5--AMENDMENT OF VICTORIA STATE
EMERGENCY SERVICE ACT 2005
118 Amendment of section 3--Definitions
See: In section 3 of the Victoria State Emergency
Act No.
5 51/2005 Service Act 2005--
and
amending (a) insert the following definition--
Act Nos
80/2006 and "authorised activity, for the purposes of
28/2007.
LawToday: Part 4, includes an activity relating to--
www.
legislation. (a) emergency response;
vic.gov.au
10 (b) participation by a registered
member or probationary member
in community events in the
member's capacity as a registered
member or probationary member;
15 (c) public demonstrations of a unit's
membership, equipment or
capabilities;
(d) the collection or receipt of
donations to the Service or a
20 registered unit;";
(b) the definition of DISPLAN is repealed;
(c) in the definition of emergency operations for
"DISPLAN" substitute "the State
emergency response plan";
25 (d) insert the following definition--
"State emergency response plan has the
same meaning as in section 4(1) of the
Emergency Management Act 1986;".
119 Amendment of section 5--Functions
30 In section 5(1)(a)(i) of the Victoria State
Emergency Service Act 2005 for "assisting"
substitute "offering assistance to".
561085B.I-18/9/2007 70 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 5--Amendment of Victoria State Emergency Service Act 2005
s. 120
120 Section 23 substituted
For section 23 of the Victoria State Emergency
Service Act 2005 substitute--
"23 Power of delegation
5 (1) The Authority may, by an instrument under
its official seal, delegate any function, duty
or power of the Authority under this Act or
the regulations or under any other Act or
regulations, other than this power of
10 delegation--
(a) to the Chairperson, a Director or any
employee or class of employees of the
Authority; or
(b) to the controller of a registered unit.
15 (2) A delegation under subsection (1)(b) must be
made in accordance with the regulations.".
121 Section 26 substituted
For section 26 of the Victoria State Emergency
Service Act 2005 substitute--
20 "26 Delegation of powers of Chief Executive
Officer
(1) The Chief Executive Officer may, by
instrument, delegate any responsibility,
power, authority, duty or function conferred
25 on the Chief Executive Officer under this
Act or the regulations, other than this power
of delegation--
(a) to the holder of an office or position
approved by the Authority; or
30 (b) to the controller of a registered unit; or
(c) to any other person by name.
(2) A delegation under subsection (1)(b) must be
made in accordance with the regulations.".
561085B.I-18/9/2007 71 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 5--Amendment of Victoria State Emergency Service Act 2005
s. 122
122 Section 31 substituted
For section 31 of the Victoria State Emergency
Service Act 2005 substitute--
"31 Delegation
5 (1) The Director of Operations may, by
instrument, delegate any power or duty of
the Director of Operations under this Act or
the regulations or any other Act, other than
this power of delegation--
10 (a) to any employee in the Service; or
(b) to the controller of a registered unit.
(2) A delegation under subsection (1)(b) must be
made in accordance with the regulations.".
123 Section 34 substituted
15 For section 34 of the Victoria State Emergency
Service Act 2005 substitute--
"34 Registered units
(1) An application for the registration of a group
of persons as a unit of the Service may be
20 made to the Board by--
(a) the Director of Operations; or
(b) a municipal council; or
(c) if 2 or more municipal councils appoint
a principal municipal council under
25 section 19 of the Emergency
Management Act 1986, the principal
municipal council.
(2) The Director of Operations may make a
recommendation to the Board in relation to
30 an application under subsection (1)(b)
or (1)(c).
561085B.I-18/9/2007 72 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 5--Amendment of Victoria State Emergency Service Act 2005
s. 124
(3) After taking into consideration any
recommendation of the Director of
Operations under subsection (2), the Board
may approve or refuse an application under
5 subsection (1).
(4) If it appears to the Board, after consultation
with an Emergency Response Co-ordinator
appointed under section 13 of the
Emergency Management Act 1986, that
10 there is a need for the establishment of a
registered unit, the Board may establish the
unit.
(5) On the recommendation of the Director of
Operations, the Board may--
15 (a) cancel the registration of a registered
unit; or
(b) amalgamate a registered unit with
another registered unit.
(6) If the registration of a registered unit is
20 cancelled or a registered unit is amalgamated
under subsection (5), all equipment in the
inventory of that unit which has been
donated, or purchased with funds donated,
by members of the public--
25 (a) becomes the property of the Authority;
(b) may be disposed of by the Authority in
any manner which the Authority
considers appropriate.".
124 Amendment of section 39--State emergency
30 response plan roles of the Authority
(1) In the heading to section 39 of the Victoria State
Emergency Service Act 2005 for "DISPLAN"
substitute "State emergency response plan".
561085B.I-18/9/2007 73 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 5--Amendment of Victoria State Emergency Service Act 2005
s. 125
(2) In section 39 of the Victoria State Emergency
Service Act 2005 for "DISPLAN" substitute
"the State emergency response plan".
125 Amendment of section 47--Compensation for injury
5 during emergency service
(1) In sections 47(5) and 47(6) of the Victoria State
Emergency Service Act 2005 after "the Victorian
WorkCover Authority," insert "the ACCS, a
Medical Panel,".
10 (2) In section 47(8) of the Victoria State Emergency
Service Act 2005--
(a) after "the Victorian WorkCover Authority,"
insert "the ACCS, a Medical Panel,"; and
(b) in paragraph (b), after "the Authority," insert
15 "the ACCS, a Medical Panel,".
(3) After section 47(11) of the Victoria State
Emergency Service Act 2005 insert--
"(12) In this section--
ACCS means the Accident Compensation
20 Conciliation Service established under
Division 1A of Part III of the Accident
Compensation Act 1985;
Medical Panel has the same meaning as in
section 5(1) of the Accident
25 Compensation Act 1985.".
126 Amendment of section 55--Regulations
(1) For section 55(1)(a) of the Victoria State
Emergency Service Act 2005 substitute--
"(a) the administration and management of the
30 Authority;
(aa) the registration, administration and
management of units;".
561085B.I-18/9/2007 74 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 5--Amendment of Victoria State Emergency Service Act 2005
s. 126
(2) After section 55(1)(h) of the Victoria State
Emergency Service Act 2005 insert--
"(ha) the circumstances in which a delegation can
be made under section 23, 26 or 31 to a
5 controller of a registered unit;".
(3) After section 55(1)(i) of the Victoria State
Emergency Service Act 2005 insert--
"(ia) the publication and dissemination by the
Authority of print or broadcast material
10 containing information to promote public
awareness in relation to the risks of,
preparation for, and recovery from,
emergencies;
(ib) the undertaking by the Authority of activities
15 to promote membership of the Service;
(ic) soliciting and collecting donations or
subscriptions for or on behalf of a registered
unit;
(id) the provision by the Service of assistance to
20 municipal councils in relation to the
performance by the municipal councils of
their functions and duties under the
Emergency Management Act 1986;
(ie) the audit of a municipal emergency
25 management plan by the Director of
Operations under section 21A of the
Emergency Management Act 1986;".
(4) After section 55(1)(l) of the Victoria State
Emergency Service Act 2005 insert--
30 "(la) prescribing penalties not exceeding
20 penalty units for contraventions of the
regulations;".
__________________
561085B.I-18/9/2007 75 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 6--Amendment of Other Legislation
s. 127
PART 6--AMENDMENT OF OTHER LEGISLATION
Division 1--Amendment of Building Act 1993
See: 127 Amendment of section 3--Definitions
Act No.
126/1993.
Reprint No. 7
In section 3(1) of the Building Act 1993 for
5 as at paragraph (a) of the definition of chief officer
16 November
2006
substitute--
and
amending "(a) in relation to the metropolitan district under
Act Nos the Metropolitan Fire Brigades Act 1958,
26/2001,
24/2006, the Chief Officer of the Metropolitan Fire
10 28/2007 and and Emergency Services Board; and".
31/2007.
LawToday:
www.
legislation.
vic.gov.au
128 Amendment of section 188--Guidelines
In section 188(1)(d) of the Building Act 1993 for
"Chief Fire Officer of the Metropolitan Fire
Brigades under the Metropolitan Fire Brigades
15 Act 1958, the Chief Officer under the Country
Fire Authority Act 1958" substitute "chief
officer".
129 Amendment of section 261--General regulation-
making powers
20 For section 261(1)(t)(ii) of the Building Act 1993
substitute--
"(ii) the Metropolitan Fire and Emergency
Services Board or any unit under its control;
or".
561085B.I-18/9/2007 76 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 6--Amendment of Other Legislation
s. 130
Division 2--Amendment of Juries Act 2000
130 New section 54 substituted See:
Act No.
53/2000.
For section 54 of the Juries Act 2000 Reprint No. 2
substitute-- as at
16 July 2007.
5 "54 Definitions LawToday:
www.
In this Part-- legislation.
vic.gov.au
ACCS means the Accident Compensation
Conciliation Service established under
Division 1A of Part III of the Accident
10 Compensation Act 1985;
Authority means the Victorian WorkCover
Authority established under Division 1
of Part II of the Accident
Compensation Act 1985;
15 Medical Panel has the same meaning as in
section 5(1) of the Accident
Compensation Act 1985.".
131 Amendment of section 55--Compensation for injury
during jury service
20 In sections 55(2)(c), 55(6), 55(7) and 55(9) of the
Juries Act 2000 after "the Authority," (wherever
occurring) insert "the ACCS, a Medical Panel,".
561085B.I-18/9/2007 77 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 6--Amendment of Other Legislation
s. 132
Division 3--Amendment of Summary Offences Act 1966
See: 132 Amendment of section 11--Lighting of fires in the
Act No.
7405. open air
Reprint No. 9
as at (1) In the penalty at the foot of section 11(1) of the
14 September
5 2005
Summary Offences Act 1966 for "25" substitute
and "120".
amending
Act Nos (2) After section 11(2) of the Summary Offences
16/2004,
97/2005, Act 1966 insert--
23/2006,
24/2006, "(2A) In addition to a penalty imposed under this
10 32/2006 and
63/2006.
section, the court may order a person
LawToday: convicted of an offence under this section to
www. pay to the Metropolitan Fire and Emergency
legislation.
vic.gov.au Services Board or the Country Fire Authority
as compensation for the expenses and
15 charges incurred by any unit or brigade
under the control of the Board or the
Authority in responding to the fire--
(a) an amount provided for by the
regulations made under the
20 Metropolitan Fire Brigades Act 1958
or the Country Fire Authority
Act 1958; or
(b) a lesser amount as the court thinks fit.".
133 Amendment of section 12--Wilfully giving false
25 alarm of fire
(1) For the penalty at the foot of section 12(1) of the
Summary Offences Act 1966 substitute--
"Penalty: 60 penalty units or imprisonment for
6 months or both.".
30 (2) In section 12(2) of the Summary Offences
Act 1966 for "Metropolitan Fire Brigades Board"
substitute "Metropolitan Fire and Emergency
Services Board".
561085B.I-18/9/2007 78 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 6--Amendment of Other Legislation
s. 134
134 New section 51A inserted
After section 51 of the Summary Offences Act
1966 insert--
"51A Assaulting, resisting or delaying officers of
5 the Country Fire Authority or the
Metropolitan Fire and Emergency
Services Board
A person must not assault, resist or delay--
(a) the Chief Officer or any other officer or
10 employee of the Country Fire Authority
or any officer or member of any
brigade or group of brigades registered
under the Country Fire Authority Act
1958 or any other person in the exercise
15 of any power or the performance of any
duty conferred or imposed by or under
that Act; or
(b) the Chief Officer or any member of the
senior operational staff or the
20 operational staff of the Metropolitan
Fire and Emergency Services Board or
any other person in the exercise of any
power or the performance of any duty
conferred or imposed by or under the
25 Metropolitan Fire Brigades Act 1958.
Penalty: 60 penalty units or imprisonment
for 6 months.".
__________________
561085B.I-18/9/2007 79 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Part 7--Repeal
s. 135
PART 7--REPEAL
135 Repeal of Act
This Act is repealed on 1 January 2009.
561085B.I-18/9/2007 80 BILL LA INTRODUCTION 18/9/2007
Emergency Services Legislation Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561085B.I-18/9/2007 81 BILL LA INTRODUCTION 18/9/2007
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