Bush Fires (Amendment) Act 1983 (NSW)

BUSH FIRES (AMENDMENT) ACT, 1983, No. 149

JJeto g>outf) Malesi

ANNO TRICESIMO SECUNDO

T̂ v V * 'K v * v H* * ••' * * * V * * * H* *•* •p * 1* H* 1* V * 'I" V *•* 1* * * V v * v îs i|i ELIZABETHS H BEGINS

Act No. 149, 1983.

An Act to amend the Bush Fires Act, 1949, with respect to the appointment

and powers of deputy fire control officers. [Assented to, 23rd December,

1983.1

1. Act No. 149, 1983.

Bush Fires (Amendment).

BE 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:—

Short title.

1.     This Act may be cited as the "Bush Fires (Amendment) Act, 1983".

Amendment of Act No. 31, 1949.

2. The Bush Fires Act, 1949, is amended in the manner set forth in

Schedule 1.

SCHEDULE 1.

(Sec. 2.)

AMENDMENTS TO THE BUSH FIRES ACT, 1949.

(1) Section 6, definition of "Deputy fire control officer"—

After the definition of "Deputy emergency fire controller", insert:—

"Deputy fire control officer" means a deputy fire control officer

appointed under this Act.

(2) Section 17 (9)—

After "fire control officers,", insert " deputy fire control officers,".

(3) (a) Section 26 (1)—

After "that district", insert "and may (if there is a fire control officer so appointed) appoint a person, approved in that behalf by the Minister, as deputy fire control officer for that district".

Act No. 149, 1983. 3

Bush Fires {Amendment).

SCHEDULE 1—continued.

AMENDMENTS TO THE BUSH FIRES ACT, 1949—continued.

(b) Section 26 (2)—

After "officer", insert "and a deputy fire control officer".

(c) Section 26 ( 3 ) - ( 5 ) —

After section 26 (2), insert:—

(3) A deputy fire control officer appointed for a bush fire district shall, except where acting as the fire control officer pursuant to subsection (4), be subject to the control and direction of the fire control officer appointed for that district.

(4) A deputy fire control officer appointed for a bush fire

district shall act as fire control officer for that district—

(a) at the direction of the fire control officer;

(b)	in the event of the absence, illness or other inability to act of the fire control officer; or
(c)	during a vacancy in the office of the fire control officer.

(5) A deputy fire control officer—

(a) when acting as a fire control officer pursuant to sub-

all the powers, authorities, duties and functions con-section (4), shall have and may exercise and perform	ferred or imposed on the fire control officer by or
under this Act; and
(b)	when acting pursuant to any direction of a fire control officer (other than a direction referred to in subsection (4) ) , shall have and may exercise and perform such of the powers, authorities, duties and functions as are conferred or imposed on the fire control officer by or under this Act and as may be necessary or convenient to be exercised and performed for the purpose of carrying out the direction.

1. Act No. 149, 1983.

   Bush Fires {Amendment).

SCHEDULE \—continued.

AMENDMENTS TO THE BUSH FIRES ACT, 1949—continued.

(4) Section 37 (1) (f) C D -

After "officers", insert ", deputy fire control officers".

(5) Sections 4 1 F (3), 42 C D -

After "fire control officers," wherever occurring, insert "deputy fire control officers,".

(6) Section 48—

After "fire control officer,", insert "a deputy fire control officer,".

(7) Section 52 (b) —

After "fire control officer", insert "or deputy fire control officer".

(8) Section 55—

After "fire control officer" wherever occurring, insert "or deputy fire control officer".

(9) Section 57 (2) (m)—

After "fire control officers,", insert "deputy fire control officers".