Careless Use of Fire Act 1940 (ACT)
[Extract from Commonwealth of Australia Gazette, No. 80, dated
2nd May, 1940.]
USTRALIAN CAPITAL TERRITORY.
No. 7 of 1940.
AN ORDINANCE
To amend the Careless Use of Fire Ordinance
| I | 1936-1937. |
BE it ordained by the Governor-General in and over the Com-Executive Council, in pursuance of the powers conferred by the monwealth of Australia, with the advice of the Federal Seat of Government Acceptance Act 1909-1938 and the Seat of
Government {Administration) Act 1910-1939, as follows:—
1. — (1.) This Ordinance mav be cited as the Careless Use of suurt title „ , . -.ntn and citation. Fire Ordinance 1940.
(2.) The Careless Use of Fire Ordinance 1936-1937 is in this
Ordinance referred to as the Principal Ordinance.
(3.) The Principal Ordinance, as amended by this Ordinance,
may be cited as the Cureless Use of Fire Ordinance 1936-1940.
2. Section three of the Principal Ordinance is amended by Deaaitions.
inserting before the definition of " Inspector" the following
definitions:—
" ' Chief Fire Control Officer ' means the Chief Fire Control
Officer appointed under this Ordinance;
' City Area ' means the City Area as defined in the City
Area Leases Ordinance 1936-1938;
' Council' means the Bush Fire Council constituted under
this Ordinance; ".
3. After section five- of the Principal Ordinance the following sections are inserted:—
" 5A.— (1.) For the purpose of this Ordinance, there shall be a BushFiro
| Bush Fire Council. | 0onncU- |
| (2.) The Bush Fire Council shall be a body corporate, with perpetual succession and a common seal, and may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued. | |
| (3.) All Courts, Judges and persons acting judicially shall ike judicial notice of the Seal of the Council affixed to any |
477(>.—PRICE 3n.—C.
| • | 'ocument or notice, and shall deem that it was duly affixed. | |
|
Minister.
(2.) The Council shall elect one of its members to be Chairman the Council and the Chairman shall hold office for a period of
<ne year from the date of his election.
| • | (3.) The Council shall elect one of its members to be Deputy Chairman of tlie Council and the Deputy Chairman shall hold office for a period of one year from the date of his election. |
(4.) in the absence of the Chairman from any meeting, ti Deputy Chairman shall preside and, in the absence from a: meeting of both the Chairman and the Deputy Chairman, then t members present, shall elect one of their number to act \ Chairman of that meeting.
(5.) A quorum shall consist of a majority of the members of
the Council holding office at the date of the meeting.
(6.) At any meeting of the Council at which the Chairman
present, he shall have a deliberative vote and, in the event of
equality of voting, a second or casting vote. I (7.) If, at any meeting of the Council at which the Chairman is not present, the members present differ in opinion upon any matter, the determination of that matter shall be postponed till the next meeting of the Council.
Meetings of " 5c.—(1.) Subject to this section, all meetings of the Council shall be convened by the Chairman by notice in writing to the other memhrrs of the Council, specifying Hie time and place of meeting. (2.) The Minister may, by notice in writing to each member of the Council, direct that a meeting be held at the time and place specified in the notice. Term of " 5D.— (1.) Subject to this section, each member shall be (2.) Any member appointed to fill a vacancy on the Council shall hold office for the unexpired portion of the term for which his predecessor was appointed. • appointment. appointed for a term of one year and shall be eligible for
re-appointment.Removal from office as " 5E. The Minister may, if he is satisfied that any member has their term of office or removal from office in accordance with the last preceding section, the seat of a member shall become vacant upon— member. been guilty of misbehaviour or is incapable of discharging his
duties, remove that member from office.the Council.
Vacation of " 5F. In addition to retirement of members by expiration of office as member. (a) the death, lunacy or bankruptcy of the member, or the
conviction of the member of an indictable offence; (£>) the resignation of the member; or
fe) the absence of the member, without leave of the Council,
from two consecutive meetings of the Council.
Secretary to " 5G. There shall be a Secretary to the Board who shall
the Board. appointed by the Minister. •
Powers of
" 5n.— (1.) The Council may take such action as it deems necessary to pi-event the outbreak or spread of fire and to protect therefrom life and property in any part of the Territory, other than the City Area, and may, in particular, acquire fire-fighting equipment, employ workmen, organize fire prevention associati
the Council. and distribute literature relating to fire prevention.
(2.) In the exercise of its powers under the last precedi i^B sub-se«tion, the Council may incur, out of the funds allocated to
it, expenditure not exceeding Fifty pounds in any month:Provided that the Minister may authorize the Council to incur expenditure of a sum greater than Fifty pounds in any month.
" 5 j . T h e C o u n c i l sha l l Accounts. (a) keep full and particular accounts of all moneys
received and expended by i t ; and
(b) submit to the Minister in the month of July in each year a statement of receipts and expenditure and a report of the Council's activities during the preced- ing twelve months.
" 5K. The accounts of the Council shall be subject to inspection Audit.
and audit by the Auditor-General for the Commonwealth.
" 5ii. The Council may divide the Territory, outside the/ City Fire Districts.
Area, into Fire Districts.
" 5 M . — (1.) For the purposes of this Ordinance, the Council Appointment of officers
may appoint a Chief Fire Control Officer and a Deputy Chief Fire Control Officer and may, in each Fire District, appoint a Fire Controller and a Deputy Fire Controller.
(2.) All persons so appointed shall have such powers and
duties as are prescribed or as are assigned to them by the-Council.
" 5N.— (1.) For the purpose of extinguishing or preventing Power? and
the spread of any fire in any part of the Territory, other than the chief0 Fire*°
City Area, the Chief Fire Control Officer shall have and may office?1
exercise the following powers and authorities:—
(a) The control and direction of all workmen employed in extinguishing the fire and of any persons who voluntarily place their services at his disposal;
{b) Authority, either alone or with others under his control, to enter into any land or premises which may be on fire or in the neighbourhood of any fire for the purpose of taking any steps which he deems necessary for the extinguishment or for the prevention of the extension of a fire and he may take, or give directions for taking, any fire-fighting equipment into, through or upon any land or premises which lie considers convenient for the purpose;
(c) Power to take measures which in the circumstances are purpose of extinguishing or preventing the spread of fire, may, with or without the consent of the owner— reasonable and appear to him necessary or convenient for the protection of life and property and, for the (i) pull down, sever or remove any fence on any land or cause any such fence to be pulled down, severed or removed: Provided that, as soon as practicable after any fence has been so pulled down, severed or removed, the Chief Fire Control Officer shall cause the fence to be temporarily repaired in an appropriate manner and shall notify the land-owner accordingly;
(ii) burn or otherwise destroy or remove any grass,
trees, scrub or vegetation on any land; and(iii) remove or cause to be removed any stock on any land and shall, as soon as practicable after such removal, notify the owner accordingly; and
(d) Power to enter or give directions for entering any land or premises and take or cause to be taken water therefrom.
(2.) In the absence of the Chief Fire Control Officer, his powers and authorities may be exercised by the Deputy Chief Fire Control Officer or, in his absence, by the Fire Controller for the Fire District in which the powers and authorities are required to be exercised, or in his absence by the Deputy Fire Controller for that District.
Fire Control
"5o.— (1.) The Chief Fire Control Officer, Deputy Chief Fire by the last preceding section shall not be liable for any damage caused by the exercise in good faith of such powers and authorities; and no person acting under and in accordance with any directions given in pursuance of that section shall be liable for any damage caused by his so acting in good faith.
Officers not to be liable for Control Officer or any Fire Controller or Deputy Fire Controller damage done In exercise of lawfully exercising any of the powers and authorities conferred powers. (2.) Any such damage shall be deemed to be damage by fire within the meaning of any policy of insurance against fire covering the property so damaged notwithstanding any clause or condition in any such policy.".
Lighting flres 4. Section seven of the Principal Ordinance is amended by In plantations, ftOi inserting, after the word " Minister ", the words " or the Council ". Lighting of 5. Section ten of the Principal Ordinance is amended by flres for burning off inserting in paragraph (b) of sub-section (1.), after the word purposes. " Minister", the words " or, where the land is outside the City
Area, by the Chief Fire Control Officer,".Payment of expenses of 6. Section twelve of the Principal Ordinance is amended— extinguishing fire. (a) by inserting, after the word "Minister", the words
" or the Council " ; and (b) by inserting, after the words " the Commonwealth" (wherever occurring), the words "or the Council, as the' case may be ".
| Persons | 7. Section fourteen of the Principal Ordinance is amended by |
| reasonably | |
| snspected to | inserting in sub-section (1.), after the word "Minister", the words |
| give name and | |
| address. | " or the Council ". |
Dated this first dav of May, 1940.
COWRIE
Governor-General.
By His Excellency's Command,
II. S. FOLL
Minister of State for the Interior.
By Authori ty: L. V. JOHNSTON, Commonwealth Government Printer, Canlwrrft.
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