FORESTS ACT 1958 - SECT 62C Secretary may enter into agreements and arrangements relating to the prevention and suppression of fires and recovery from fires
FORESTS ACT 1958 - SECT 62C
Secretary may enter into agreements and arrangements relating to the prevention and suppression of fires and recovery from fires(1) The Secretary may enter into an agreement or arrangement with any person or body in Victoria or elsewhere—
S. 62C(a) amended by No. 19/2018 s. 128(2).
(a) for assistance in the prevention and suppression of fire and recovery from fire;
S. 62C(b) amended by No. 19/2018 s. 128(2).
(b) relating to research into the prevention and suppression of fire and recovery from fire;
S. 62C(c) amended by No. 19/2018 s. 128(2).
(c) for training in relation to the prevention and suppression of fire and recovery from fire;
S. 62C(d) amended by No. 19/2018 s. 128(2).
(d) for the supply of fire fighting equipment and apparatus and systems used in the prevention and suppression of fire and recovery from fire;
S. 62C(e) amended by No. 19/2018 s. 128(2).
(e) for the provision by the Secretary of goods or services relating to the prevention and suppression of fire and recovery from fire.
S. 62C(2) inserted by No. 35/2020 s. 51.
(2) The Secretary may enter into an agreement or arrangement with Fire Rescue Victoria to enable any specified person, in the circumstances specified in the agreement or arrangement—
(a) to exercise under section 32B(3)(a), (c), (d) and (e) of the Fire Rescue Victoria Act 1958 the powers of a senior member of the operational staff in relation to the scene of an alarm of fire in the Fire Rescue Victoria fire district, to the extent authorised by the agreement or arrangement; and
(b) to carry out activities relating to the exercise of powers under section 32B(3)(a), (c), (d) and (e) of the Fire Rescue Victoria Act 1958 in the Fire Rescue Victoria fire district, to the extent authorised by the agreement or arrangement.
S. 62C(3) inserted by No. 35/2020 s. 51.
(3) If the Secretary enters into an agreement or arrangement under subsection (2), each specified person, in the circumstances specified in the agreement or arrangement—
(a) has and may exercise under section 32B(3)(a), (c), (d) and (e) of the Fire Rescue Victoria Act 1958 the powers of a senior member of the operational staff in relation to the scene of an alarm of fire in the Fire Rescue Victoria fire district, to the extent authorised by the agreement or arrangement; and
(b) may carry out activities relating to the exercise of powers under section 32B(3)(a), (c), (d) and (e) of the Fire Rescue Victoria Act 1958 in the Fire Rescue Victoria fire district, to the extent authorised by the agreement or arrangement.
Note
The effect of this subsection is that the powers that may be exercised and the activities that may be carried out by a specified person depend on the existence and terms of an agreement or arrangement under subsection (2).
S. 62C(3A) inserted by No. 35/2020 s. 51.
(3A) The Secretary must publish an agreement or arrangement entered into under subsection (2) on the Department's website.
S. 62C(4) inserted by No. 35/2020 s. 51.
(4) In this section—
"alarm of fire" has the same meaning as in section 32A of the Fire Rescue Victoria Act 1958 ;
S. 62C(4) def. of Fire Rescue Victoria repealed by No. 46/2021 s. 5.
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"Fire Rescue Victoria fire district" has the same meaning as in section 3(1) of the Fire Rescue Victoria Act 1958 ;
"senior member of the operational staff", in relation to the scene of an alarm of fire, has the same meaning as in section 32B(6) of the Fire Rescue Victoria Act 1958 ;
S. 62C(4) def. of specified person amended by No. 42/2021 s. 81.
"specified person" means any of the following—
(a) the Secretary;
(b) an authorised officer;
(c) a person employed under section 27 or 28 of the Parks Victoria Act 2018 ;
(ca) a person appointed or employed under section 50 or 51 of the Great Ocean Road and Environs Protection Act 2020 ;
(d) a person employed in the Department under Part 3 of the Public Administration Act 2004 by the Department Head of the Department within the meaning of that Act;
(e) a person engaged by the Secretary under subsection (1).
S. 62C(5) inserted by No. 35/2020 s. 51.
(5) The operation of section 32B of the Fire Rescue Victoria Act 1958 is subject to this section.
No. 6073 s. 63.