Bush Fires (Amendment) Act 1980 (NSW)
BUSH FIRES (AMENDMENT) ACT, 1980, No. 131
ANNO VICESIMO NONO
ELIZABETHE II REGINE
Act No. 131, 1980.
An Act to amend the Bush Fires Act, 1949, with respect to the membership of the Bush Fire Council of New South Wales, with respect to equipment purchased from money in the New South Wales Bush Fire Fighting Fund and in relation to contributions payable to that Fund by insurance companies, and in other respects. [Assented to, 9th December, 1980.]
B E it enacted by the Queen's Most Excellent Majesty, by and with
the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
1 . This Act may be cited as the "Bush Fires (Amendment)
Act, 1980".
(1) Except as provided in subsections (2) and ( 3 ) , this Act shall commence on the date of assent to this Act.
2.
(2) Section 4, in its application to Schedule 1 (1) ( a ) , (b) and (f) , and Schedule 1 (1) ( a ) , (b) and (f) shall commence on 1st March, 1981.
(3) Section 4, in its application to Schedule 1 (1) ( e ) , and
Schedule 1 (1) (e) shall commence on 1st July, 1982.
This Act contains the following Schedules :—
S C H E D U L E 1.—MISCELLANEOUS A M E N D M E N T S TO THE
BUSH FIRES A C T , 1949.
S C H E D U L E 2 . — A M E N D M E N T S TO THE BUSH FIRES A C T ,
1949, BY WAY OF STATUTE L A W REVISION.
The Bush Fires Act, 1949, is amended in the manner set forth in Schedules 1 and 2.
4 .
(1) The amendment by this Act of section 34 of the Bush Fires Act, 1949, does not affect the liability of an insurance company to send to the Minister a return in accordance with subsection (2) of that section in respect of premiums received by or due to the company for the year ended 31st December, 1980, or the power of the Minister to notify some time other than during February, 1981, at which that return shall be sent.
5.
( 2 ) A person who was appointed under section 41D of the
Bush Fires Act, 1949, as in force before the commencement of
Schedule 2 — (a) as—
(i) Chief Co-ordinator of Bush Fire Fighting; or
(ii) any other officer,
shall, if he held office immediately before that com mencement, be deemed to have been appointed under that section, as substituted by this Act; or
(b)
as an employee shall, if he was an employee immediately before that commencement, be deemed to have been employed under that section, as substituted by this Act.
SCHEDULE 1.
MISCELLANEOUS A M E N D M E N T S TO THE BUSH FIRES A C T , 1949.
(1 ) ( a ) Section 34 ( 2 ) — Omit "February", insert instead "September".
(b ) Section 34 (2) —
Omit "year ended the thirty-first day of December", insert instead "financial year".
(c ) Section 34 ( 3 ) — Omit "$20", insert instead "$50".
(d ) Section 34 ( 3 ) — Omit "$500", insert instead "$1,000".
SCHEDULE 1—continued.
| MISCELLANEOUS | A M E N D M E N T S | TO | THE | BUSH | FIRES | A C T , |
1949—continued.
(e) Section 34 (4) ( a ) —
Omit "year ended the thirty-first day of December", insert instead "financial year immediately preceding the financial year".
(f) Section 34 ( 5 ) — Omit "the first day of January", insert instead "1st
July".
(2) (a) Section 37 (1) (f) ( i v )—
Omit "officers and employees of the State Emergency Services and Civil Defence Organisation referred to in the State Emergency Services and Civil Defence Act, 1972,", insert instead "officers and temporary employees of the Department of Services".
(b) Section 37 ( 3 ) —
After "constructed" where firstly occurring, insert
"wholly or partly".
(c) Section 37 ( 4 ) —
After "constructed", insert "wholly or partly".
(d) Section 37 ( 4 ) —
Omit "the consent in writing of the Minister having been first obtained", insert instead "having first obtained the written consent thereto of the Minister or a person authorised in writing by the Minister for the purposes of this subsection".
(e) Section 37 ( 5 ) —
Omit the subsection, insert instead :—
SCHEDULE 1—continued.
MISCELLANEOUS A M E N D M E N T S TO THE BUSH FIRES A C T , 1949—cont inued.
(5) There shall be paid to the credit of the Fund—
(a) where the whole of the cost of the purchase or construction of any fire fighting appara tus, buildings, water storage tanks or look out towers was met by money to the credit of the Fund— (i) an amount equal to the proceeds of
sale of any such apparatus, buildings, tanks or towers; and
(ii) any amount recovered (whether under a policy of insurance, from the Bush Fire Fighters Compensa tion Fund under Part IIA of the Workers' Compensation Act, 1926, or otherwise) in respect of the damage to, or destruction or loss of, any such apparatus, buildings, tanks or towers; and
(b)
where a part only of the cost of the purchase or construction of any such apparatus, buildings, tanks or towers was met by money to the credit of the Fund—an amount which bears to the amount that
would be required by this subsection to be paid if the whole of that cost had been met by money to the credit of the Fund the same proportion as that part of the cost bears to the whole of that cost.
(3) Section 39 ( 1 ) —
Omit "twenty-five", insert instead "27".
SCHEDULE 2 .
A M E N D M E N T S TO THE BUSH FIRES A C T , 1 9 4 9 , BY WAY O F STATUTE L A W REVISION.
| ( 1 ) | Sections 3 , 1 0 ( 5 ) (a) | ( i ) , 1 0 ( 6 ) , 1 3 ( 4 ) ( a ) , 13 ( 5 ) , |
1 4 ( 2 ) , 1 9 ( a ) , 2 2 ( 3 ) ( e ) , 2 5 , 3 0 ( 2 ) , 3 2 (1 ) ( b ) , 5 1 ( 1 ) —
Omit " - 1 9 4 9 " wherever occurring.
| ( 2 ) | Section 4 — |
Omit "One to this Act", insert instead " 1 " .
( 3 ) Sections 5 ( 2 ) , 5 ( 3 ) , 6 (definitions of "Area" and
"Council"), 7 ( 2 ) , 1 0 ( 5 A ) , 1 4 ( 1 A ) , 5 1 A ( 2 ) , 53 ( 1 ) , 5 3 ( 2 ) —
Omit ", as amended by subsequent Acts" wherever occurring.
| ( 4 ) | (a) Section 6 , definition of "Council"— |
Omit ", as so amended".
(b) Section 6 , definitions of "Eastern and Central Divisions" and "Western Division"—
Omit "as amended by subsequent Acts" wherever occurring.
(c) Sections 6 , definition of "Eastern and Central Divisions"—
Omit ", as so amended,".
(d) Section 6 , definition of "Prescribed"—
Omit the definition.
SCHEDULE 2—-continued.
A M E N D M E N T S TO THE BUSH FIRES A C T , 1 9 4 9 , BY WAY OF STATUTE L A W REVISION—continued.
(5) (a) Section 7 (3) ( b ) , (5) ( a ) , ( 7 ) — Omit "paragraph (b) of subsection ( 2 ) " wherever occurring, insert instead "subsection (2) ( b ) " .
(b) Section 7 ( 5 ) ( b ) — Omit "paragraph (b) or (c) of subsection ( 4 ) " , insert
instead "subsection ( 4 ) (b) or ( c ) " .
(c) Section 7 (6) (a) —
Omit "paragraph (b) of that subsection", insert
instead "subsection (2) (b ) " .
(d) Section 7 ( 7 ) — Omit "that subsection", insert instead "subsection (2)
( b ) " .
( 6 ) Sections 7 ( 7 ) , 5 1 ( 1 A ) — Omit "—1957" wherever occurring.
(7) (a ) Section 10 (2) (a) (ii) (a) —
Omit "area" where thirdly occurring, insert instead
"area,".
(b) Section 1 0 ( 5 A ) , ( 5 C ) ( a ) — Omit "paragraph (a) of subparagraph (ii) of para graph (a) of subsection ( 2 ) " wherever occurring, insert instead "subsection (2) (a) (ii) ( a ) " .
( 8 ) (a) Section 1 1 ( 1 ) , ( 2 ) — Omit "subsection (2) of that section" wherever occurring, insert instead "section 1 0 ( 2 ) " .
SCHEDULE 2—continued.
| A M E N D M E N T S | TO THE BUSH FIRES A C T , | 1949. | BY WAY OF |
STATUTE L A W REVISION—continued.
(b) Section 11 (1)- Omit "subsection (6) of section 10", insert instead
"section 10 ( 6 ) " .
(c) Section 11 (1)-
Omit "subsection (7) of that section", insert instead "section 10 ( 7 ) " .
| (9) | (a) Section 12 (2) ( a ) — |
Omit "paragraph (c) of subsection (1)"- insert instead "subsection (1) ( c ) " .
(b) Section 12 ( 2 ) ( b ) — Omit "paragraph (d) of subsection ( 1 ) " , insert
instead "subsection (1) (d ) " .
| (10) | (a) Section 13 ( 2 ) ( a ) — |
Omit "paragraph (a) of subsection ( 1 ) " , insert
instead "subsection (1) ( a ) " .
(b) Section 13 (2) ( b ) —
Omit "paragraph (b) of subsection ( 1 ) " , insert instead "subsection (1) ( b ) " .
(c) Section 13 ( 3 ) —
Omit "subsection ( 2 ) of section 10", insert instead
"section 10 ( 2 ) " .
(11) Section 14 (1A) —
Omit ", as so amended,".
S C H E D U L E 2—continued.
A M E N D M E N T S TO THE BUSH FIRES A C T , 1 9 4 9 , BY WAY OF STATUTE L A W REVISION—continued.
( 1 2 ) (a) Section 1 6 ( 2 ) — Omit "paragraph (a) of subsection ( 1 ) " , insert
instead "subsection ( 1 ) ( a ) " .
(b) Section 1 6 ( 2 ) —
Omit "by that subsection", insert instead "by subsection ( 1 ) " .
( 1 3 ) Sections 1 7 ( 9 ) , 4 1 F ( 3 ) — Omit "subsection ( 2 ) of that section" wherever occurring, insert instead "section 2 2 ( 2 ) " .
( 1 4 ) (a) Section 2 2 ( 2 ) , ( 3 B ) — Omit "Public Transport Commission" wherever
occurring, insert instead "State Rail Authority".
(b) Section 2 2 ( 2 ) —
Omit "the Commission" wherever occurring, insert
instead "the Authority". (c) Section 2 2 ( 3 A ) —
Omit " - 1 9 5 4 " .
(d) Section 2 2 ( 3 A ) —
Omit " - 1 9 5 2 " .
(e) Section 2 2 (3A) —
Omit " - 1 9 5 8 " .
SCHEDULE 2—continued.
| A M E N D M E N T S | TO THE BUSH | FIRES | A C T , 1 9 4 9 , BY WAY OF |
STATUTE L A W REVISION—continued.
(f) Section 2 2 ( 3 B ) —
Omit "that Commission" wherever occurring, insert instead "that Authority".
| ( 1 5 ) | Section 3 2 ( 1 ) — |
Omit "subsection ( 1 ) of section 3 0 " , insert instead "section
3 0 ( 1 ) " .
| ( 1 6 ) | Sections 3 2 ( 1 ) ( a ) , 3 2 ( 3 ) , 3 2 ( 4 ) , 3 7 ( 1 ) , 3 7 | ( 2 ) — |
Omit "Colonial Treasurer" wherever occurring, insert instead "Treasurer".
| ( 1 7 ) | Section 3 5 ( 1 ) — |
Omit "subsection ( 2 ) of section 3 0 " , insert instead "section
3 0 ( 2 ) " .
| ( 1 8 ) | (a) Section 3 9 ( 2 ) ( h ) — |
Omit "Director of State Emergency Services and Civil
Defence", insert instead "Under Secretary, Department of Services".
(b) Section 3 9 ( 6 ) —
Omit " 1 9 0 2 " , insert instead " 1 9 7 9 " .
(c) Section 3 9 ( 9 ) ( c ) — After "bankrupt,", insert "applies to take the benefit of any law for the relief of bankrupt or insolvent debtors,".
S C H E D U L E 2—continued.
A M E N D M E N T S TO THE BUSH FIRES A C T , 1 9 4 9 , BY WAY OF STATUTE L A W REVISION—continued.
(d) Section 3 9 ( 9 ) ( e ) — Omit the paragraph, insert instead :—
(e) if he becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act, 1 9 5 8 , or a person under detention under Part V I I of that Act;
(e) Section 3 9 ( 9 ) ( f ) — Omit "punishable as aforesaid;", insert instead "so punishable; or".
( 1 9 ) Section 3 9 A ( 1 ) — Omit "paragraphs ( e ) , (f) and (h) of subsection ( 2 ) of section 3 9 " , insert instead "section 3 9 ( 2 ) ( e ) , (f) and (h ) " .
( 2 0 ) Sections 3 9 A ( 3 ) , 3 9 B ( 5 ) —
Omit "subsections ( 6 ) , ( 7 ) and ( 8 ) of section 3 9 " wherever occurring, insert instead "section 3 9 ( 6 ) , ( 7 ) and ( 8 ) " .
( 2 1 ) Section 3 9 B ( 1 ) —
Omit "paragraphs ( b ) , ( c ) , (d) and (e) of subsection ( 2 ) of section 3 9 " , insert instead "section 3 9 ( 2 ) ( b ) , ( c ) , (d) and ( e ) " .
SCHEDULE 2—continued.
| A M E N D M E N T S | TO THE BUSH | FIRES | A C T , 1 9 4 9 , BY WAY OF |
STATUTE LAW REVISION—continued.
| (22) | Section 4 1 D — |
Omit the section, insert instead : —
41D. A Chief Co-ordinator of Bush Fire Fighting and
such other officers and temporary employees as may be necessary for the purposes of this Act shall be appointed or employed under and in accordance with the Public Service Act, 1979.
| (23) | (a) Section 4 1 F ( 3 ) — |
Omit "paragraph (a) of that subsection", insert
instead "subsection (1) ( a ) " .
(b) Section 4 1 F ( 3 ) — Omit "paragraph (b) of that subsection", insert
instead "subsection (1) ( b ) " .
| (24) | Section 41J ( 1 ) — |
| Omit "paragraphs (a) and (b) of subsection (1) of section 41B", insert instead "section 41B (1) (a) and (b )" . |
| (25) Section 42 | (1)- |
Omit ", Agriculture and Conservation", insert instead "and Agriculture, the Water Resources Commission, the Soil Conservation Service".
| (26) | Section 5 2 — |
Omit "-1949," . SCHEDULE 2—continued.
A M E N D M E N T S TO THE BUSH FIRES A C T , 1 9 4 9 , BY WAY OF STATUTE L A W REVISION—continued.
(27) Section 53 ( 1 ) — Omit "subsection (2) of section 107", insert instead
"section 107 ( 2 ) " .
(28) Section 56 (3) (a) ( i ) —
Omit "paragraphs ( a ) , (b) and (c) of subsection ( 2 ) " , insert instead "subsection (2) ( a ) , (b) and (c )" .
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