Victorian Consolidated Legislation

METROPOLITAN FIRE BRIGADES ACT 1958

No. 6315 of 1958
Version incorporating amendments as at 27 July 2007

TABLE OF PROVISIONS

           Section Page
   1.      Short title and commencement
   2.      Purposes
   3.      Definitions
           Metropolitan fire district
   4.      Metropolitan fire district
   5.      Duties and powers of councils and public authorities in relation to fire
   5A.     Municipal fire prevention officers and assistants
           Metropolitan Fire and Emergency Services Board
   6.      Metropolitan Fire and Emergency Services Board
   7.      Functions of Board
           7A, 7B. Repealed
   8.      Accountability of Board
   8A.     Repealed
   9.      Constitution of the Board
   10.     Term of appointment
   11.     Remuneration and allowances
   12.     Application of Public Administration Act 2004.
   13.     Vacancies
   14.     Acting members
   15.     Membership of Board not office or place of profit
   16.     Decisions not affected by certain matters
   16A.    Repealed
   17.     Immunity of members of Board
   18.     Meetings of the Board
   19.     Participation in meetings by telephone etc.
   20.     Resolutions without meetings
   21.     Conflicts of interest
           22, 23. Repealed
           General powers and duties of Board
   24.     Power to purchase and sell property
   24A.    Power to acquire land
   24B.    Power of delegation
   25.     Repealed
   25A.    General powers of Board
   25B.    Employees of Board
   26.     Formation of units
   27.     Copies of annual report and special report
           Chief Executive Officer and Chief Officer
   28.     Chief Executive Officer
   29.     Acting Chief Executive Officer
   30.     Delegation of powers of Chief Executive Officer
   31.     Chief Officer
   31A.    Delegation of powers of Chief Fire Officer
   32.     Powers of Chief Officer
           Alarm of fire
   32A.    Meaning of alarm of fire
   32B.    Action on alarm of fire
   32C.    Destruction etc. of building by Chief Fire Officer
   32D.    False alarm of fire
           33, 33A. Repealed
           Regulations
   34.     Power to make regulations
   35.     Repealed
           Financial
   36.     Annual estimate of expenditure and revenue
   37.     Contributions towards annual expenditure
   38.     Municipal contributions how ascertained
   39.     Municipal contributions under this Act may form part of rate
   40.     Returns of premiums
   40A.    Determination of provisional contributions
   40B.    Final calculation of contribution
   41.     Penalties in relation to returns
   42.     Inspection of documents
   43.     Penalty for failure to make payment
   44.     Recovery of charges where failure to pay contribution
   44A.    Contributions by owners and brokers
   45.     Adjustment of contribution
   45A.    Disclosure of information by Board
   46.     Borrowing by Board
   47.     Power of Minister in case of default of Board
   47A.    Guarantee of debentures etc. of Board
           48-50. Repealed
   51.     Board may establish funds
   51A.    Investment by Board
           General provisions
   52.     Units to be registered
   53.     Repealed
   54.     Damage done to be within policy
   54A.    Immunity from certain liabilities
   55.     Board is a protection agency
   55A.    Board may provide rescue and extrication services
   55B.    Board may provide road accident rescue service
   55C.    Board may provide protection services
   55D.    Board may provide emergency prevention and response
           service
   55E.    Activities outside metropolitan fire district
   56.     Extension and application of Act
   57.     Repealed
   58.     Removal of persons from burning premises
   59.     Rights to water
   60.     Collection of contributions for brigades
   61.     Police to aid Units
   62.     Repealed
   63.     Hotels theatres etc. to keep life-saving apparatus etc.
   64.     Regulation of height of buildings
   65.     Board to furnish information to Department of Human
           Services
   66.     Payment of expenses where property uninsured
   66A.    Recovery of charges for services
   67.     Power of agents to deduct payments made for insurance
           company
   68.     Power of agents to deduct payments made for owners
   69.     Power of trustees
   69A.    Australian Fire Brigades Charges Scheme
   70.     Owner to give information as to insurance
   71.     Place where fire occurs
   72.     Board or brigades may carry out fire prevention work
   73.     Actions for recovery of contributions
   74.     Unincorporated company may be sued in the name of manager etc.
   75.     Documents signed by president to be evidence
   75A.    Offences relating to impersonation
   76.     Penalty for offences
   76A.    Evidence of ownership or occupancy
   77.     Recovery and application of penalties
   77A.    Time within which proceedings for certain offences may be brought
   78.     Repealed
           Discipline
   78A.    Offences by officers or members
   78B.    Laying of charges
   78C.    Hearing of charges
   78D.    Decision of Chief Executive Officer
   78E.    Pay while suspended
           Metropolitan Fire and Emergency Services Appeals Commission
   79.     Metropolitan Fire and Emergency Services Appeals
           Commission
   79A.    Function of the Commission
   79B.    Membership of Commission
   79C.    Term of appointment
   79D.    Remuneration and allowances
   79E.    Application of Public Administration Act 2004.
   79F.    Vacancies
   79G.    Annual report of the Commission
           Appeals
   79H.    Rights of appeal
   79I.    Certain appeals to be by way of rehearing
   79J.    Proceedings of the Commission
   79K.    Assistants in proceedings
   79L.    Procedure on appeal
   79M.    Commission powers on appeal
   79N.    Costs
   79O.    Appeals against transfer
   79P.    Promotion appeals
   79Q.    Determination of Commission
   79R.    Board and Chief Executive Officer
   79S.    Evidence of determination
           Long service leave
   80.     Definition
   81.     Entitlement to long service leave
   81A.    Payment in lieu of long service leave
   82.     Leave not to affect Board's activities
   83.     Repealed
   84.     Provision in case of death before or during long service leave
           85, 86. Repealed
           Fire prevention notices
   87.     Fire prevention notices
   88.     Service of notices
   89.     Objection to notices
   90.     Appeal against notices
   91.     Compliance with notices
   92.     Fire prevention infringement notices
   93.     Issue of notices by Chief Officer
   94.     Supreme Court-limitation of jurisdiction
           Transitional provisions
   95.     Superseded references
   96.     Metropolitan Fire Brigades Board
   97.     Chief Fire Officer
   98.     Transitional-appeals
           __________________
           SCHEDULE 1-Repealed
           SCHEDULE 2.
           3, 4-Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details