Victorian Consolidated Legislation

Metropolitan Fire Brigades Act 1958 - SECT 3

Definitions

3. Definitions



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



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;

Board means the Metropolitan Fire and Emergency Services Board;



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Chief Officer means the Chief Officer of the Metropolitan Fire and Emergency
Services;





emergency means an emergency due to the actual or imminent occurrence of an
event which in any way endangers or threatens to endanger the safety or health
of any person or which destroys or damages, or threatens to destroy or damage,
any property or endangers or threatens to endanger the environment or an
element of the environment, including, without limiting the generality of the
foregoing-

   (a)  an earthquake, flood, wind-storm or other natural event; and

   (b)  a fire; and

   (c)  an explosion; and

   (d)  a road accident or any other accident;

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 prevention officer means a fire prevention officer appointed under
section 5A;



insurance against fire means insurance against the risk of fire or the risk of
loss of profits consequent on 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; 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 district means the metropolitan fire district constituted by or
under this Act;

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operational staff means all members of units;





owner means the person for the time being receiving 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 receive the same if
the premises were let at a rack rent;

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private street means a road, other than-

   (a)  a freeway or an arterial road within the meaning of the
        Road Management Act 2004;

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

senior operational staff means all employees of the Board employed in senior
positions;





senior position means a position in a unit designated by the Board as a senior
position;

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 69A;

unit means a fire or emergency service unit established under this Act;



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year means year ending the thirtieth day of June.

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Metropolitan fire district