Victorian Consolidated Legislation

COUNTRY FIRE AUTHORITY ACT 1958

No. 6228 of 1958
Version incorporating amendments as at 1 December 2008

TABLE OF PROVISIONS

           Section Page
   1.      Short title and commencement
   2.      Repealed
   3.      Definitions
   4.      Declaration of summer period
   5.      Repealed

   PART I-CONSTITUTION OF COUNTRY FIRE AUTHORITY

   6.      Appointment of Country Fire Authority
   6A.     Accountability of Authority
   6B.     Compliance with standards of Commissioner
   6C.     Report on compliance with standards
   7.      Constitution of Authority
   7A.     Member of Authority not holding office etc. under Crown
   8.      Term of office of members
   9.      Chairman
   9A.     Rights of chairman in relation to the public service and superannuation
   9B.     Deputy chairman
   10.     Quorum of Authority
   11.     Voting at meetings
   11A.    Conflicts of interest
   12.     Minutes
   12A.    Fees of members of Authority
   13.     Expenses of chairman and members

   PART II-FIRE CONTROL REGIONS, OFFICERS ETC.

   14.     Control of the prevention and suppression of fires in the
           country area
   15.     Proclamation of fire control regions
   16.     Effect of alteration of municipal boundaries
   16A.    Chief Executive Officer
   16B.    Acting Chief Executive Officer
   16C.    Delegation of powers of Chief Executive Officer
   17.     Officers and employees
   17A.    Volunteer auxiliary workers
   18.     Salaries or wages of officers etc.
   18A.    Immunity for officers etc.
   19.     Long service leave of officers etc.

   PART III-COUNTRY FIRE CONTROL

           Division 1-General

   20.     General duty of Authority
   20AA.   General powers of Authority
   20A.    Attendances unconnected with a fire
   20B.    False alarm of fire
   21.     Property of Authority etc.
   21A.    Power to grant Crown land to Authority
   21B.    Power to acquire land
   22.     Persons holding property of brigades may transfer it to
           Authority or sell it etc.
   23.     General powers of Authority with respect to brigades, apparatus etc.
   23AA.   Industry brigades
   23A.    Groups of brigades
   24.     Annual report
   25.     Election of officers of volunteer brigades
   26.     Prohibition of unregistered brigades
   27.     Chief Officer to have control of all brigades etc.
   28.     Powers and duties of Chief Officer
   29.     General powers and duties of Chief Officer

           Division 2-Fire suppression

   30.     Powers of officers at fires
   30A.    Authorisation of certain persons
   31.     Police to assist Chief Officer etc.
   32.     Duties of turncocks of water supply authorities
   33.     Determination of sole responsibility for fire suppression in certain areas
   34.     Duties of owner etc. of land in case of fire during fire danger period

           Division 3-Fire prevention

   34A.    Meaning of in the open air
   35.     Authority to inform Secretary to the Department of Human Services in certain matters
   36.     Authority may require certain municipalities to provide
           hydrants in streets etc.
   37.     General prohibition against lighting open air fires
   38.     Lighting fires in accordance with permit
   38A.    Fires for certain purposes to be lawful
   39.     Prohibited actions near fires
   39A.    Causing fire in country area in extreme conditions of weather
           etc. an offence
   39B.    Defences
   39C.    Causing fire in a country area with intent to cause damage
           etc. an indictable offence
   39D.    Application
   39E.    Prohibition of high fire risk activities
   40.     Provisions about total fire bans
   41.     Fire prevention notices
   41A.    Service of notices
   41B.    Objection to notices
   41C.    Appeal against notices
   41D.    Compliance with notices
   41E.    Fire prevention infringement notices
   41F.    Issue of notices by Chief Officer
   42.     Brigades may carry out fire prevention work
   43.     Duties and powers of councils and public authorities in
           relation to fire
   44.     Duties of officers as to inspection etc.
   44A.    Power to Chief Officer to close roads
   45.     Power to Governor in Council to transfer municipal officers' powers
   46.     Failure by public authority etc. to observe provisions of
           this Act
   46A.    Power to arrest
   47.     Construction of this Division
   48.     Power to police, Chief Officer etc. to direct extinguishment
           of fire
   49.     Obligation of sawmillers
   50.     Required safety features of motor vehicles driven during fire danger period near crops
   50A.    Repealed

   PART IV-REGIONAL AND MUNICIPAL FIRE PREVENTION COMMITTEES

           Division 1-Preliminary

   51.     Definition

           Division 2-Regional fire prevention committees

   52.     Appointment of regional fire prevention committees
   53.     Functions of committee

           Division 3-Municipal fire prevention committees

   54.     Appointment of municipal fire prevention committees
   55.     Functions of committee
   55A.    Municipal fire prevention plans
   55B.    Audit of municipal fire prevention plan

           Division 4-General

   56.     Provision in case of failure of nomination or election
   57.     Term of office
   58.     Filling vacancies
   59.     Meetings
   59A.    Fire prevention sub-committees
   60.     Travelling and personal expenses of members of fire
           prevention committees
   61.     Repealed

   PART V-COMPENSATION OF CASUAL FIRE-FIGHTERS
   AND VOLUNTEER AUXILIARY WORKERS

   62.     Definitions
   63.     Compensation in respect of injury to casual fire-fighter
   64.     Compensation in respect of destruction or damage of
           wearing apparel, vehicles or equipment
   65.     Compensation where compensation otherwise payable
           66-74. Repealed

   PART VA-APPEALS

           Division 1-Country Fire Authority Appeals Commission

   74A.    Country Fire Authority Appeals Commission
   74B.    Function of the Commission
   74C.    Membership of Commission
   74D.    Term of appointment
   74E.    Remuneration and allowances
   74F.    Application of Public Administration Act 2004.
   74G.    Vacancies
   74H.    Annual report of the Commission

           Division 2-Appeals

   74I.    Rights of appeal
   74J.    Appeals to be by way of re-hearing
   74K.    Proceedings of the Commission
   74L.    Assistants in proceedings
   74M.    Procedure on appeal
   74N.    Commission powers on appeal
   74O.    Costs
   74P.    Appeals against transfer
   74Q.    Promotion appeals
   74R.    Determination of Commission
   74S.    Authority and Chief Officer to give effect to determination
   74T.    Evidence of determination

   PART VI-FINANCIAL

   75.     Annual estimate of expenditure and revenue
   76.     Amounts of contributions
   77.     Returns of premiums
   77A.    Determination of provisional contributions
   77B.    Final calculation of contribution
   78.     Penalties in relation to returns
   79.     Inspection of documents
   80.     Penalty for failure to make payment
   80A.    Contributions by owners and insurance intermediaries
   81.     Adjustment of contribution
   81A.    Disclosure of information by Authority
   82.     Borrowing by Authority
   82A.    Guarantee of debentures etc. of Authority
   83.     Provision in case of default by Authority in respect of
           debentures
   84.     Authority may establish funds
   84A.    Investment by Authority
   84B.    Manufacture and sale of firefighting vehicles and equipment
   85.     Power to Treasurer to make additional grants to Authority
   86.     Repealed
   87.     Payment of expenses where property uninsured
   87A.    Recovery of charges for services
   88.     As to agents of insurance companies
   89.     As to agents for owners of property
   90.     As to trustees
   91.     Owners of houses and property to give information as to insurance

   PART VII-MISCELLANEOUS

   92.     Immunity provision
   92A.    Repealed
   93.     Damage done by Chief Officer etc. to be covered by fire insurance
   93A.    Interstate fire brigades
   93B.    Activities outside country area of Victoria
   94.     Saving of municipal councils and public authorities etc.
           from liability in certain cases
   95.     Immunity provision for persons acting under certain circumstances
   96.     Power to Authority to use water for fires and drills etc.
           without charge
   96A.    Municipal fire prevention officers and assistants
   97.     Authority is a protection agency
   97A.    Authority may provide rescue and extrication services
   97B.    Authority may provide road accident rescue service
   97C.    Authority may provide protection services
   97D.    Extension and application of Act
   98.     Place where fire occurs
   98A.    Report of emergency incidents
   99.     Coroner to hold inquest at request of Authority
   99A.    Valor medals
   99B.    Special Recognition Award
   100.    Associations of members of urban and rural brigades
   101.    Information to be furnished by associations
   102.    Collections for brigades etc. to be authorized by Authority
   103.    Fire brigade competitions to be authorized by Authority
   103A.   Australian Fire Brigades Charges Scheme
   104.    Recovery of contributions
   105.    Provision in case of unincorporate insurance company
   106.    Proof of orders, directions etc. of Authority
   107.    Obstruction of officers etc. and damage to apparatus
   107A.   Offences relating to impersonation
   108.    Mode of proof that place is in country area
   108A.   Evidence of ownership or occupancy
   109.    Penalties for offences
   109A.   Power to Authority to appoint deputies
   109B.   Delegation
   109C.   Application of penalties
   109D.   Time within which proceedings for certain offences may be brought
   110.    Regulations
   111.    Transitional-appeals
   112.    Declaration of fire danger period
   113.    Transitional-chairman
   114.    Transitional-rights of appeal under section 74I.
           __________________
           SCHEDULE-Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details