Victorian Consolidated Legislation

Metropolitan Fire Brigades Act 1958 - SECT 44

Recovery of charges where failure to pay contribution

44. Recovery of charges where failure to pay contribution



(1) In the event of any unit attending a fire in which there is interested any
insurance company which has failed or omitted to make any quarterly payment
under this Act within the prescribed time, it shall be lawful for the Board to
levy such charges for such attendance as are deemed adequate by the Board.

(2) Such charges may be recovered from the owner or occupier of such property
in any court of competent jurisdiction and shall be deemed to be damage by
fire within the meaning of any policy of insurance against fire covering the
said property notwithstanding any clause or condition to the contrary in any
such policy; and every such occupier unless he is under contract or agreement
with the owner thereof to insure such property shall be entitled to deduct all
charges so paid by him and all costs and expenses incurred by him in relation
thereto from any rent then due or thereafter accruing due to such owner or to
recover the same from such owner in any court of competent jurisdiction.



* * * * *