Victorian Consolidated Legislation

Country Fire Authority Act 1958 - SECT 3

Definitions

3. Definitions



(1) In this Act unless inconsistent with the context or subject-matter-





administrative unit means a Department within the meaning of the
Public Administration Act 2004;











apparatus includes all engines vehicles horses reels buckets hoses pumps
ladders escapes tools implements and things used for or in connexion with the
prevention or suppression of fires or the protection of life or property in
case of fire;

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Australian Fire Brigades Charges Scheme means the Scheme in operation from 1
April 1982 providing the procedure for reimbursement of Fire Brigade Charges
established by the 1982 Agreement between the "Participating Underwriters" and
the "Subscribing Brokers" as defined in that Agreement;

Authority means the Country Fire Authority under this Act;

authorized activity, in relation to a volunteer auxiliary worker-

   (a)  means any activity performed for the welfare of a brigade or group of
        brigades by a volunteer auxiliary worker and authorized by the
        secretary of the brigade or the group secretary; and

   (b)  includes travelling to and from the performance of an activity
        referred to in paragraph (a);

brigade includes any fire brigade whether urban or rural and whether permanent
or volunteer or industry brigade and group of brigades means group of brigades
formed as a group under this Act;

broadcast means broadcast by means of radio or television transmission, and
broadcasting station has a similar connotation;

Chief Executive Officer means the Chief Executive Officer of the Authority
appointed under section 16A;



Chief Officer means the Chief Officer of all urban and rural brigades;

competition-

   (a)  means a gathering of brigades and apparatus for the purposes of
        engaging in training exercises and other events and increasing public
        awareness of fire prevention, protection or suppression techniques and
        other brigade activities; and

   (b)  includes any championship;

country area of Victoria means that part of Victoria which lies outside the
metropolitan fire district, but does not include any forest, national park or
protected public land;



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dependant of a person means a person who is, or was at the date of the
person's death, wholly or partially dependent on the person or who has, or had
at that date, a legal right to look to the person for financial support;

Deputy Chief Officer means Deputy Chief Officer of all urban and rural
brigades;



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designated area means an area designated by the Authority under section 23AA;



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domestic partner of a person means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  a person to whom the person is not married but with whom the person is
        living as a couple on a genuine domestic basis (irrespective of
        gender);

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fire includes-

   (a)  a hazardous material incident where the major or sole danger is the
        threat of fire up to the stage where there is no longer a threat of
        fire; and

   (b)  a toxic fire incident up to the stage where the fire has been
        effectively extinguished;

fire danger period in respect of the country area of Victoria or any part
thereof means the period declared pursuant to this Act to be the fire danger
period in respect of the said country area or any part thereof (as the case
may be);

fire prevention officer means-

   (a)  in relation to a municipal council, a person appointed as a fire
        prevention officer under section 96A; and

   (b)  in relation to an administrative unit or public authority, a person
        nominated as a fire prevention officer for the purposes of this Act by
        the chief administrator of the administrative unit or by the public
        authority (as the case may be);

fire protected area means fire protected area within the meaning of section
three of the Forests Act 1958;

forest means State forest within the meaning of section three of the
Forests Act 1958;

forest officer means a person appointed as an authorised officer under the
Conservation, Forests and Lands Act 1987 for the purposes of the
Forests Act 1958;



heat engine means any internal combustion engine any steam engine or any other
engine in which any furnace, fire or spark or any burning or exploding oil or
vapor is used in driving the engine but does not include any locomotive or
other engine used on any railway line owned by or under the control of
Victorian Rail Track established by Division 2 of Part 2 of the
Rail Corporations Act 1996;

industry brigade means a brigade established under section 23AA;



insurance against fire means insurance against the risk of fire or the risk of
loss of profits consequent upon fire whether the insurance is associated with
insurance against any other risk or not and insured against fire and insuring
against fire have corresponding interpretations;

insurance company means-

   (a)  a person (including a body corporate or unincorporate, a partnership
        or an underwriter) who, in Victoria, issues, or undertakes liability
        under, policies of insurance against fire in respect of property in
        Victoria; or

   (b)  a Lloyd's underwriter who-

   (i)  issues, or undertakes liability under, policies of insurance against
        fire in respect of property in Victoria; and

   (ii) is a member of the Australian Fire Brigades Charges Scheme and makes
        payments to the Fund established under that Scheme; insurance
        intermediary means-

   (a)  a person who arranges contracts of insurance in Victoria-

   (i)  for reward; and

   (ii) as an agent for a person carrying on a business of insurance; or

   (b)  a financial services licensee (as defined in section 761A of the
        Corporations Act) whose licence covers arranging contracts of
        insurance as an agent for a person carrying on a business of
        insurance; or

   (c)  a regulated principal (as defined in section 1430 of the Corporations
        Act) when carrying on business as an insurance broker as authorised by
        Subdivision D of Division 1 of Part 10.2 of that Act; or

   (d)  a Lloyd's underwriter who-

   (i)  issues, or undertakes liability under, policies of insurance against
        fire in respect of property in Victoria; and

   (ii) is not a member of the Australian Fire Brigades Charges Scheme, or is
        a member of the Australian Fire Brigades Charges Scheme but has failed
        to make payments to the Fund established under that Scheme;

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Lloyd's means the society of that name incorporated by the Act of the United
Kingdom known as Lloyd's Act 1871;

Lloyd's underwriter means an underwriting member of Lloyd's;



metropolitan fire district means the metropolitan fire district as in force
for the time being under the Metropolitan Fire Brigades Act 1958;

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national park means land that is or is part of a park within the meaning of
the National Parks Act 1975;





officer in charge of a brigade includes, in the absence of a person of the
rank of officer, a member of a brigade below the rank of officer;

owner means the person for the time being entitled to receive the rack rent of
the premises in connexion with which the word is used either on his own
account or as agent or trustee for some other person or who would be entitled
to receive the same if the premises were let at a rack rent;

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part-time officer or member of a brigade means an officer or member of the
brigade who receives some form of remuneration for his services in relation to
the brigade but whose sole or principal calling or means of livelihood does
not consist of those services;

permanent brigade means any association of persons formed for the purpose of
the prevention and suppression of fires and solely or principally composed of
permanent or part-time officers and members but does not include an industry
brigade;

permanent officer or member of a brigade means an officer or member who
receives a fixed remuneration for his services in relation to the brigade and
whose sole or principal calling or means of livelihood consists of those
services but does not include an officer or member of an industry brigade;

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private street means a road, other than-

   (a)  a declared road under the Transport Act 1983;

   (b)  a road vested in a public authority;

   (c)  a road that is under the care and management of a municipal council
        under section 205 of the Local Government Act 1989;

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protected public land has the same meaning as in the Forests Act 1958;



public authority means any board commission trust or other body corporate or
unincorporate established or constituted by or under any Act for any public
purpose, whether in respect of the whole or any part of Victoria, but does not
include a municipal council;

region means a part of the country area of Victoria proclaimed as a fire
control region pursuant to this Act;

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road has the meaning given in section 3 of the Local Government Act 1989;

rural brigade means rural fire brigade under this Act;

rural district means an area designated by the Authority as the main area of
operation of a rural brigade;



scrub or vegetation includes trees bushes plants and undergrowth of all kinds
and sizes whether living or dead and whether standing or not standing, and
also includes any part of any such trees bushes plants or undergrowth whether
severed or not severed;

Secretary means the body corporate established by Part 2 of the
Conservation, Forests and Lands Act 1987;

senior employee means the holder of a position designated by the Authority as
a senior position;

spouse of a person means a person to whom the person is married;



station means fire station;

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the 1982 Agreement means the Agreement establishing the Australian Fire
Brigades Charges Scheme, a certified copy of which is lodged with the Minister
under section 103A;

urban brigade means urban fire brigade under this Act;

urban district means an area designated by the Authority as the main area of
operation of an urban brigade;



vessel means any kind of vessel that is used or is capable of being used, in
navigation by water, however propelled or moved and includes-

   (a)  a barge, lighter, floating restaurant or other floating vessel; and

   (b)  an air-cushion vehicle or other similar craft that is used in
        navigation by water;

volunteer auxiliary worker means a person appointed as a volunteer auxiliary
worker under section 17A;



volunteer brigade means any association of persons formed for the purpose of
the prevention and suppression of fires and solely or principally composed of
volunteer officers and members but does not include an industry brigade;

volunteer officer or member of a brigade means an officer or member who
receives no remuneration for his services in relation to the brigade but does
not include an officer or member of an industry brigade.

(2) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case.