Victorian Consolidated Legislation

Country Fire Authority Act 1958 - SECT 22

Persons holding property of brigades may transfer it to Authority or sell it etc.

22. Persons holding property of brigades may transfer it to Authority or sell
it etc.



(1) A person in whom personal property is vested for or on behalf of an urban
or rural brigade or a group of brigades, and who is authorized in accordance
with subsection (1A), may-

   (a)  transfer the property gratuitously to the Authority; or

   (b)  sell or otherwise dispose of the property and devote the proceeds to
        the purposes of the brigade or group of brigades (as the case
        requires).

(1A) Authorization for the purposes of subsection (1) may be given-

   (a)  in the case of a brigade-

   (i)  by a resolution of the members of the brigade duly passed in
        accordance with the rules of the brigade; or

   (ii) in the absence of any applicable rules, by a resolution passed by a
        majority of members present at a meeting of which not less than
        fourteen days notice, signifying the intention to propose a resolution
        for the purposes of this subparagraph, has been given to all duly
        enrolled members of the brigade; or

   (b)  in the case of a group of brigades, jointly by the group officer and
        the group secretary.

(2) Where any personal property (not being the property of the Authority or of
any particular person or persons) is in the possession and control of any
urban or rural brigade and there is no person in whom that property is
specifically vested for or on behalf of the brigade, then for the purposes of
this section that property shall be deemed to be vested in the captain and the
secretary of the brigade jointly and the said captain and secretary may
exercise the powers conferred by this section accordingly.

(2A) Where any personal property (not being a fire-fighting vehicle and not
being the property of the Authority or of any particular person or persons) is
in the possession and control of any group of brigades and there is no person
in whom that property is specifically vested for or on behalf of the group of
brigades, then for the purposes of this section, that property shall be deemed
to be vested in the group officer and group secretary of the group of brigades
jointly and that group officer and group secretary may exercise the powers
conferred by this section accordingly.

(3) Where in the exercise or purported exercise of the powers conferred by
this section any personal property is transferred to and accepted by the
Authority or sold or otherwise disposed of, that transfer sale or disposal
shall be valid and effectual for all purposes and shall operate to convey the
property free from all trusts and encumbrances, and no person shall be deemed
guilty of any conversion or breach of trust by reason only of any such
transfer sale or disposal if done in good faith.

(4) The Authority may in its discretion accept or decline the transfer to it
of any personal property pursuant to this section, and where any such transfer
is accepted the property shall vest absolutely in the Authority for the
purposes of this Act.

(5) This section does not apply in relation to an industry brigade.