Country Fire Authority Act 1958 (Vic)

Version No. 160

Country Fire Authority Act 1958

No. 6228 of 1958

Version incorporating amendments as at

22 October 2025

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

2Objectives relating to interaction between fire services agencies

3Definitions

4Declaration of fire danger period

Part I—Constitution of Country Fire Authority

6Appointment of Country Fire Authority

6AAccountability of Authority

6BObjective

6CEmergency Management Victoria

6DCompliance with operational standards of Emergency Management Commissioner

6DAReport on compliance with operational standards developed by the Emergency Management Commissioner

6DBStrategic Action Plan

6ECompliance with incident management operating procedures

6FRecognition of Authority as a volunteer-based organisation

6GRecognition of the Volunteer Charter

6HAuthority to have regard to Volunteer Charter

6IAuthority's responsibility to encourage, maintain and strengthen capacity of volunteers

7Constitution of the Authority

7AAAuthority is the same body

7AMember of Authority not holding office etc. under Crown

8Term of office of members

9Chairperson

9ARights of Chairperson in relation to the public service and superannuation

9BDeputy chairperson

10Quorum of Authority

11Voting at meetings

11AConflicts of interest

12Minutes

12AFees of members of Authority

13Expenses of chairperson, deputy chairperson and members

Part II—Fire control regions, officers etc.

14Control of the prevention and suppression of fires in the country area

15Proclamation of fire control regions

16Effect of alteration of municipal boundaries

16AChief Executive Officer

16BActing Chief Executive Officer

16CDelegation of powers of Chief Executive Officer

17Officers and employees

17AVolunteer auxiliary workers

18Salaries or wages of officers etc.

18AImmunity for officers etc.

19Long service leave of officers etc.

Part III—Country fire control

Division 1—General

20General duty of Authority

20AAADuty to assist in major emergency

20AAGeneral powers of Authority

20ABPowers relating to volunteer brigades located in the Fire Rescue Victoria fire district

20ACRole of volunteer brigades to be recognised and valued

20AAttendances unconnected with a fire

20BFalse alarm of fire

21Property of Authority etc.

21APower to grant Crown land to Authority

21BPower to acquire land

22Persons holding property of brigades may transfer it to Authority or sell it etc.

23General powers of Authority with respect to brigades, apparatus etc.

23AAIndustry brigades

23AGroups of brigades

24Annual report

25Election of officers of volunteer brigades

26Prohibition of unregistered brigades

27Chief Officer to have control of all brigades etc.

28Powers and duties of Chief Officer

29General powers and duties of Chief Officer

Division 2—Fire suppression

30Powers of officers at fires

30AAuthorisation of certain persons

31Police to assist Chief Officer etc.

32Duties of water, electricity and gas suppliers

33Determination of sole responsibility for fire suppression in certain areas

34Duties of owner etc. of land in case of fire during fire danger period

Division 3—Fire prevention

34AMeaning of in the open air

36Authority may require certain municipalities to provide hydrants in streets etc.

36ADetermination of sole responsibility for fire prevention in certain areas

37General prohibition against lighting open air fires

37ADirection not to light fire

38Lighting fires in accordance with permit

38AFires for certain purposes to be lawful

39Prohibited actions near fires

39ACausing fire in country area in extreme conditions of weather etc. an offence

39BDefences

39CCausing fire in a country area with intent to cause damage etc. an indictable offence

39DApplication

39EProhibition of high fire risk activities

40Provisions about total fire bans

41Fire prevention notices

41AService of notices

41BObjection to notices

41CAppeal against notices

41DCompliance with notices

41EFire prevention infringement notices

41FIssue of notices by Chief Officer

42Brigades may carry out fire prevention work

43Duties and powers of councils and public authorities in relation to fire

44APower to Chief Officer to close roads

45Power to Governor in Council to transfer municipal officers' powers

46Failure by public authority etc. to observe provisions of this Act

46APower to arrest

47Construction of this Division

48Power to police, Chief Officer etc. to direct extinguishment of fire

49Obligation of sawmillers

50Required safety features of motor vehicles driven during fire danger period near crops

50AAAlarm monitoring service to provide prescribed information

Part IIIA—Improving community safety

Division 1—Definitions

50ADefinitions

Division 2—Duty to warn community

50BDuty to warn the community

Division 3—Neighbourhood safer places

50ECountry Fire Authority Assessment Guidelines

50FMunicipal Council Neighbourhood Safer Places Plan

50GMunicipal councils to identify and designate neighbourhood safer places

50HAppropriate signage for designated neighbourhood safer places

50IMaintenance of designated neighbourhood safer places

50JAnnual assessment of designated neighbourhood safer places

50KMunicipal fire prevention officer to provide up to date list of designated places to Authority

50LAuthority to keep up to date list of all designated neighbourhood safer places

Division 4—Liability in relation to designated neighbourhood safer places

50MApplication of Part XII of Wrongs Act 1958

50NLiability relating to designated neighbourhood safer places

50OPolicy defence

Division 5—Advice on defendability of buildings

50PChief Officer may advise on defendability of buildings

Part V—Compensation of casual fire-fighters and volunteer auxiliary workers

62Definitions

63Compensation in respect of injury to casual fire-fighter

64Compensation in respect of destruction or damage of wearing apparel, vehicles or equipment

65Compensation where compensation otherwise payable

Part VA—Appeals

Division 1—Country Fire Authority Appeals Commission

74ACountry Fire Authority Appeals Commission

74BFunction of the Commission

74CMembership of Commission

74DTerm of appointment

74ERemuneration and allowances

74FApplication of Public Administration Act 2004

74GVacancies

74HAnnual report of the Commission

Division 2—Appeals

74IRights of appeal

74JAppeals to be by way of re-hearing

74KProceedings of the Commission

74LAssistants in proceedings

74MProcedure on appeal

74NCommission powers on appeal

74OCosts

74PAppeals against transfer

74QPromotion appeals

74RDetermination of Commission

74SAuthority and Chief Officer to give effect to determination

74TEvidence of determination

Part VI—Financial

75Annual estimate of expenditure and revenue

76Amounts of contributions

82Borrowing by Authority

82AGuarantee of debentures etc. of Authority

83Provision in case of default by Authority in respect of debentures

84Authority may establish funds

84AInvestment by Authority

84BManufacture and sale of firefighting vehicles and equipment

85Power to Treasurer to make additional grants to Authority

87AAAuthority may charge for services under other Acts and regulations

87ARecovery of charges for services

Part VII—Miscellaneous

92Immunity provision

93Damage to be covered by fire insurance

93AInterstate fire brigades and international fire brigades

93BActivities outside country area of Victoria

94Saving of municipal councils and public authorities etc. from liability in certain cases

95Immunity provision for persons acting under certain circumstances

96Power to Authority to use water for fires and drills etc. without charge

96AMunicipal fire prevention officers and assistants

97AAuthority may provide rescue and extrication services

97BAuthority may provide road accident rescue service

97CAuthority may provide protection services

97DExtension and application of Act

98Place where fire occurs

98AARestriction of access to fire area

98AReport of emergency incidents

99AValor medals

99BSpecial Recognition Award

100Role of Volunteer Fire Brigades Victoria Incorporated

101Information to be furnished by associations

102Collections for brigades etc. to be authorized by Authority

103Fire brigade competitions to be authorized by Authority

106Proof of orders, directions etc. of Authority

106ADamage or interference with fire indicator panel or other apparatus

107Obstruction of officers and damage to apparatus

107AOffences relating to impersonation

107BFalse report of fire

108Mode of proof that place is in country area

108AEvidence of ownership or occupancy

109APower to Authority to appoint deputies

109BDelegation

109CApplication of penalties

110Regulations

111Transitional—appeals

112Declaration of fire danger period

113Transitional—chairman

114Transitional—rights of appeal under section 74I

115Transitional—Neighbourhood safer places

116Transitional—Constitution of Authority

117Transitional—Constitution of the Authority

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 160

Country Fire Authority Act 1958

No. 6228 of 1958

Version incorporating amendments as at

22 October 2025

An Act to consolidate the Law relating to the Country Fire Authority and the Control of Fire in Country Areas.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

This Act may be cited as the Country Fire Authority Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2Objectives relating to interaction between fire services agencies

(1)It is the intention of the Parliament that the Country Fire Authority and Fire Rescue Victoria establish processes that will ensure that they—

(a)promote collaboration and coordination between fire services agencies to best meet the safety needs of the community; and

(b)recognise the importance of maintaining capacity to respond to peaks in demand for fire services within fire services agencies; and

(c)recognise and value the contribution of volunteer brigades; and

(d)recognise that both volunteer firefighters and career firefighters are vital to delivering safe and sustainable fire services; and

(e)maintain the ability of fire services agencies to respond to critical incidents, to prevent and suppress fires and to protect life and property.

(2)In this section, the expressions career firefighter and volunteer firefighter have the same meanings as they have in the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019.

3Definitions

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

administrative unit means a department within the meaning of the Public Administration Act 2004;

apparatus includes all engines vehicles horses reels buckets hoses pumps ladders escapes tools implements and things used for or in connexion with the prevention or suppression of fires or the protection of life, property or the environment or the performance of any function or duty under this Act;

applicable work program means a work program (within the meaning of the Emergency Management Act 2013) that applies to the Authority;

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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;

Authority means the Country Fire Authority under this Act;

authorized activity, in relation to a volunteer auxiliary worker—

(a)means any activity performed for the welfare of a brigade or group of brigades by a volunteer auxiliary worker and authorized by the secretary of the brigade or the group secretary; and

(b)includes travelling to and from the performance of an activity referred to in paragraph (a);

brigade means a brigade registered by the Authority under section 23(1)(b);

broadcast means broadcast by means of radio or television transmission, and broadcasting station has a similar connotation;

Chief Executive Officer means the Chief Executive Officer of the Authority appointed under section 16A;

Chief Officer means the Chief Officer of all brigades;

commissioned officer has the same meaning as in the Victoria Police Act 2013;

competition—

(a)means a gathering of brigades and apparatus for the purposes of engaging in training exercises and other events and increasing public awareness of fire prevention, protection or suppression techniques and other brigade activities; and

(b)includes any championship;

country area of Victoria means that part of Victoria which lies outside the Fire Rescue Victoria fire district, but does not include any forest, national park or protected public land;

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Department means the Department of Sustainability and Environment;

dependantof a person means a person who is, or was at the date of the person's death, wholly or partially dependent on the person or who has, or had at that date, a legal right to look to the person for financial support;

Deputy Chief Officer means Deputy Chief Officer of all brigades;

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designated area means an area designated by the Authority under section 23AA;

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domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

Emergency Management Commissioner has the same meaning as it has in section 3 of the Emergency Management Act 2013;

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Fair Work Commission has the same meaning as in the Fair Work Act 2009 of the Commonwealth;

federal award or agreement means—

(a)a modern award within the meaning of the Fair Work Act 2009 of the Commonwealth; or

(b)a determination of the Fair Work Commission made under the Fair Work Act 2009 of the Commonwealth; or

(c)an award-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or

(d)a transitional minimum wage instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or

(e)an enterprise agreement made under the Fair Work Act 2009 of the Commonwealth; or

(f)an agreement-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth;

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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; and

(c)the threat of a fire re-igniting;

fire danger period in respect of an area of Victoria means the period declared under this Act to be the fire danger period in respect of the area;

fire prevention officer means—

(a)in relation to a municipal council, a person appointed as a fire prevention officer under section 96A; and

(b)in relation to an administrative unit or public authority, a person nominated as a fire prevention officer for the purposes of this Act by the chief administrator of the administrative unit or by the public authority (as the case may be);

fire protected area means fire protected area within the meaning of section three of the Forests Act 1958;

Fire Rescue Victoria means Fire Rescue Victoria established under the Fire Rescue Victoria Act 1958;

Fire Rescue Victoria fire district has the same meaning as it has in the Fire Rescue Victoria Act 1958;

fire services agency has the same meaning as in the Emergency Management Act 2013;

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forest means State forest within the meaning of section three of the Forests Act 1958;

forest officer means a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of the Forests Act 1958;

group of brigades means a group of brigades registered by the Authority under section 23A(3);

heat engine means any internal combustion engine any steam engine or any other engine in which any furnace, fire or spark or any burning or exploding oil or vapor is used in driving the engine but does not include any locomotive or other engine used on any railway line owned by or under the control of Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010;

incident management operating procedures has the same meaning as it has in section 3 of the Emergency Management Act 2013;

industry brigade means a brigade established under section 23AA;

Inspector-General for Emergency Management has the same meaning as it has in section 3 of the Emergency Management Act 2013;

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international fire brigade means—

(a)a fire brigade or unit (however described); or

(b)any other agency or organisation constituted for the purpose of fire management or which has a fire management role; or

(c)any other emergency services organisation—

established outside Australia;

interstate fire brigade means—

(a)a fire brigade or unit (however described); or

(b)any other agency or organisation constituted for the purpose of fire management or which has a fire management role; or

(c)any other emergency services organisation—

established outside Victoria but within Australia;

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;

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municipal fire prevention officer means a person appointed by a municipal council under section 96A(1)(a) to be the fire prevention officer for that council;

national park means land that is or is part of a park within the meaning of the National Parks Act 1975;

officer means a person appointed under section 17(c) and, subject to sections 25B and 25C of the Fire Rescue Victoria Act 1958, is taken to include an officer or employee of Fire Rescue Victoria made available to the Country Fire Authority by Fire Rescue Victoria under a secondment agreement within the meaning of section 25C(10) of the Fire Rescue Victoria Act 1958;

officer in charge of a brigade includes, in the absence of a person of the rank of officer, a member of a brigade below the rank of officer;

owner has the same meaning as it has in section 3(1) of the Subdivision Act 1988;

owners corporation has the same meaning as it has in section 3 of the Owners Corporations Act 2006;

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part-time officer or member of a brigade means an officer or member of the brigade who receives some form of remuneration for his services in relation to the brigade but whose sole or principal calling or means of livelihood does not consist of those services;

permanent brigade means any association of persons formed for the purpose of the prevention and suppression of fires and solely or principally composed of permanent or part-time officers and members but does not include an industry brigade;

permanent officer or member of a brigade means an officer or member who receives a fixed remuneration for his services in relation to the brigade and whose sole or principal calling or means of livelihood consists of those services but does not include an officer or member of an industry brigade;

police officer has the same meaning as in the Victoria Police Act 2013;

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private street means a road, other than—

(a)a road under 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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protected public land has the same meaning as in the Forests Act 1958;

public authority means any board commission trust or other body corporate or unincorporate established or constituted by or under any Act for any public purpose, whether in respect of the whole or any part of Victoria, but does not include a municipal council;

region means a part of the country area of Victoria proclaimed as a fire control region pursuant to this Act;

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

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scrub or vegetation includes trees bushes plants and undergrowth of all kinds and sizes whether living or dead and whether standing or not standing, and also includes any part of any such trees bushes plants or undergrowth whether severed or not severed;

Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;

senior employee means the holder of a position designated by the Authority as a senior position;

spouseof a person means a person to whom the person is married;

State Crisis and Resilience Council has the same meaning as it has in section 3 of the Emergency Management Act 2013;

State Response Controller has the same meaning as in section 3 of the Emergency Management Act 2013;

station means fire station;

Strategic Action Plan has the same meaning as it has in section 3 of the Emergency Management Act 2013;

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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 103A;

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vessel means any kind of vessel that is used or is capable of being used, in navigation by water, however propelled or moved and includes—

(a)a barge, lighter, floating restaurant or other floating vessel; and

(b)an air-cushion vehicle or other similar craft that is used in navigation by water;

volunteer auxiliary worker means a person appointed as a volunteer auxiliary worker under section 17A;

volunteer brigade means any association of persons formed for the purpose of the prevention and suppression of fires and solely or principally composed of volunteer officers and members but does not include an industry brigade;

Volunteer Charter means the Volunteer Charter agreed by the Government of Victoria, Volunteer Fire Brigades Victoria Incorporated and the Authority, signed on 27 February 2011 and as amended from time to time;

volunteer officer or member of a brigade means an officer or member who receives no remuneration for his services in relation to the brigade but does not include an officer or member of an industry brigade.

(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

4Declaration of fire danger period

The Chief Executive Officer after consultation with the Department Head of the Department may by declaration published in the Government Gazette declare any period to be the fire danger period in respect of one or more areas of Victoria to be the fire danger period in respect of the area or areas, and may declare different periods in respect of different areas. Any declaration so published may be revoked amended or varied by a subsequent declaration so published.

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PART I—CONSTITUTION OF COUNTRY FIRE AUTHORITY

6Appointment of Country Fire Authority

(1)For the more effective control of the prevention and suppression of fires in the country area of Victoria there shall be an Authority appointed by the Governor in Council to be called the "Country Fire Authority".

(2)By such name such Authority shall be a body corporate with perpetual succession and a common seal and shall be capable in law of suing and of being sued and of taking purchasing holding exchanging leasing and disposing of real and personal property.

6AAccountability of Authority

(1)The Authority is subject to the general direction and control of the Minister in the performance of its functions and the exercise of its powers.

(2)The Minister may from time to time give written directions to the Authority.

6BObjective

The objective of the Authority in performing its functions and exercising its powers under this Act is to—

(a)contribute to a whole of sector approach to emergency management;

(b)promote a culture within the emergency management sector of community focus, interoperability and public value;

(c)support the effective and sustainable recruitment, development and retention of volunteer officers and members, including those located in the Fire Rescue Victoria fire district, to deliver capability in the provision of the Authority's services.

6CEmergency Management Victoria

The Authority must, in performing its functions and exercising its powers, collaborate and consult with Emergency Management Victoria.

6DCompliance with operational standards of Emergency Management Commissioner

The Authority must use its best endeavours to carry out its functions in accordance with the operational standards developed by the Emergency Management Commissioner under the Emergency Management Act 2013.

6DAReport on compliance with operational standards developed by the Emergency Management Commissioner

(1)The Authority must, at the expiration of each period of 6 months, report in writing on the action it has taken during the preceding 6 months to comply with the operational standards developed by the Emergency Management Commissioner under the Emergency Management Act 2013.

(2)A copy of the report prepared by the Authority under subsection (1) must be given to the Emergency Management Commissioner.

6DBStrategic Action Plan

(1)The Authority must implement the applicable work program to give effect to the Strategic Action Plan.

(2)The Authority must prepare a written report on the progress made, and achievements attained, by the Authority to give effect to the Strategic Action Plan at intervals determined by the State Crisis and Resilience Council.

(3)The intervals must not be less than one a year.

(4)The Authority must give a copy of a report prepared by the Authority under subsection (2) to the State Crisis and Resilience Council and the Inspector-General for Emergency Management.

6ECompliance with incident management operating procedures

The Authority must comply with any incident management operating procedures.

6FRecognition of Authority as a volunteer-based organisation

The Parliament recognises that the Authority is a fully volunteer fire fighting service under the command and control of a paid Chief Officer and supported where necessary by other paid staff. The Parliament recognises that this does not preclude the Authority from employing paid staff in the role of Chief Officer, Deputy Chief Officer and Chief Executive Officer or from entering into a secondment agreement (within the meaning of section 25C(10) of the Fire Rescue Victoria Act 1958).

6GRecognition of the Volunteer Charter

The Parliament recognises that the Volunteer Charter—

(a)is a statement of the commitment and principles that apply to the relationship between the Government of Victoria, the Authority and volunteer officers and members; and

(b)requires that the Authority recognise, value, respect and promote the contribution of volunteer officers and members to the well-being and safety of the community; and

(c)requires that the Government of Victoria and the Authority commit to consulting with Volunteer Fire Brigades Victoria Incorporated on behalf of volunteer officers and members on any matter that might reasonably be expected to affect them.

6HAuthority to have regard to Volunteer Charter

The Authority must, in performing its functions, have regard to the commitment and principles set out in the Volunteer Charter.

6IAuthority's responsibility to encourage, maintain and strengthen capacity of volunteers

The Authority has a responsibility to develop policy and organisational arrangements that encourage, maintain and strengthen the capacity of volunteer officers and members to provide the Authority's services.

7Constitution of the Authority

(1)The Authority is to consist of 9 members appointed by the Governor in Council.

(2)The members of the Authority are to be appointed having regard to any of the following—

(a)knowledge of, or experience in, commercial, technical, operational, legal or financial matters;

(b)expertise in fire services, emergency management, land management or any other field relevant to the performance of the functions of the Authority.

(3)Five members of the Authority, including the Chairperson and the Deputy Chairperson, are to be appointed on the recommendation of the Minister made after having regard to subsection (2).

(4)Four members being—

(a)two volunteer members of brigades predominately serving urban communities; and

(b)two volunteer members of brigades predominately serving rural communities—

are to be appointed from a panel of names nominated by the Board of Volunteer Fire Brigades Victoria made after having regard to subsection (2).

(5)If the Board of Volunteer Fire Brigades Victoria fails to submit a nomination for the purposes of subsection (4) within 30 days after receiving a request from the Minister to submit a nomination, the Governor in Council may after having regard to subsection (2) appoint a person or persons to be a member or members of the Authority for the purposes of subsection (4).

7AAAuthority is the same body

The Authority continues to be the same body despite the change to its membership as a result of the commencement of section 3 of the Justice Legislation Amendment Act 2014.

7AMember of Authority not holding office etc. under Crown

Notwithstanding anything in the Constitution Act 1975 or in any other Act a member of the Authority shall not by reason only of receiving any payment under this Act be deemed to hold or accept an office or place of profit under the Crown or to be employed in the Public Service so as to render him incapable of sitting or voting as a member of the Legislative Council or the Legislative Assembly or to make void his election to Parliament or to disqualify him or to render him incapable of being or continuing to be a member of the Council or the Assembly or to make him liable to any penalty under the Constitution Act 1975 or any other Act.

8Term of office of members

(1)The members of the Authority shall subject to this Act be appointed to hold office for such term not exceeding three years as the Governor in Council determines before appointment, but any person appointed a member of the Authority shall upon expiration of the term for which he is so appointed be eligible for re-appointment if then qualified.

(2)The Governor in Council may at any time remove any member of the Authority from office.

(3)The office of a member of the Authority becomes vacant if the member—

(a)without the permission of the Authority, is absent from 4 consecutive meetings of the Authority; or

(b)becomes bankrupt; or

(c)accepts or holds an office of profit or place of profit under the Authority; or

(d)resigns by writing signed and addressed to the Governor in Council; or

(e)becomes permanently incapable of performing the duties of the office of member; or

(f)is convicted in Victoria of an offence punishable on first conviction with imprisonment for a term of 12 months or more or is elsewhere convicted of an offence which, if committed in Victoria, would be so punishable.

(4)On the occurrence of any vacancy in the office of any member of the Authority, a qualified person shall, in accordance with this Act, be appointed to fill the vacancy.

9Chairperson

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(2)The chairperson shall—

(a)preside at all meetings of the Authority;

(b)have a casting as well as a deliberative vote; and

(c)be entitled to receive such salary and allowances as are determined by the Governor in Council.

(3)At any meeting of the Authority at which the chairperson or deputy chairperson or, where a member has been appointed to act in the place of the deputy chairperson, the acting deputy chairperson is not present a person elected for the purpose by the members present at the meeting shall act as chairperson at the meeting and may exercise the powers conferred on the chairperson by this Act.

9ARights of Chairperson in relation to the public service and superannuation

(1)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a person appointed as chairperson of the Authority in respect of the office of chairperson.

(2)If any person appointed as chairperson of the Authority was immediately before his or her appointment an employee in the public service, such person is eligible at the termination of his or her term of office under this Act to be employed in the public service with a classification and emolument corresponding with or higher than that which he or she held or received immediately before his or her appointment as the chairperson of the Authority as if the whole period of his or her service under this Act had been a period of service in the public service.

(3)If any person appointed chairperson of the Authority was immediately prior to that appointment an officer within the meaning of the State Superannuation Act 1988 or any corresponding previous enactment he shall notwithstanding that appointment be deemed to continue subject to that Act to be an officer within the meaning of that Act.

9BDeputy chairperson

(1)The person appointed to be deputy chairperson of the Authority shall, in the absence of the chairperson and also during the occurrence from any cause of a vacancy in the office of chairperson and so long as such vacancy continues, have and may exercise all the powers, functions, authorities, duties and liabilities conferred or imposed by this or any other Act upon the chairperson.

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(3)The deputy chairperson shall in the absence of the chairperson and also during the occurrence from any cause of a vacancy in the office of chairperson and so long as such vacancy continues—

(a)preside at all meetings of the Authority; and

(b)have a casting as well as a deliberative vote; and

(c)be paid the remuneration (if any) and travelling and other allowances (if any) fixed from time to time by the Minister.

(4)The deputy chairperson shall be entitled to receive such salary as is from time to time determined by the Governor in Council.

(5)The chairperson may in relation to any matter or class of matters by writing under his or her hand delegate to the deputy chairperson all or any of his or her powers, functions, authorities, duties or liabilities under this or any other Act (except his or her power of delegation) so that the delegated powers, functions, authorities, duties and liabilities may be exercised and discharged by the delegate with respect to the matters or class of matters specified in the instrument of delegation.

(6)Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power, function or authority or the discharge of any duty or liability by the chairperson.

(7)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a person appointed as deputy chairperson of the Authority in respect of the office of deputy chairperson.

(8)If any person appointed as deputy chairperson of the Authority was immediately before his or her appointment an employee in the public service, such person is eligible at the termination of his or her term of office under this Act to be employed in the public service with a classification and emolument corresponding with or higher than that which he or she held or received immediately before his or her appointment as the deputy chairperson of the Authority as if the whole period of his or her service under this Act had been a period of service in the public service.

(9)If any person appointed as deputy chairperson of the Authority was immediately prior to that appointment an officer within the meaning of the State Superannuation Act 1988 or any corresponding previous enactment, he or she shall notwithstanding that appointment be deemed to continue subject to that Act to be an officer within the meaning of that Act.

(10)Where the deputy chairperson is unable on account of illness or because the deputy chairperson is pursuant to subsection (1) acting in the place of the chairperson or is otherwise unable to perform the duties of the office of deputy chairperson, the Minister may appoint another member of the Authority to act in the place of the deputy chairperson during the period of inability.

(11)A member appointed under subsection (10) to act in the place of the deputy chairperson—

(a)shall while so acting have and may exercise all the powers functions authorities duties and liabilities conferred or imposed by this or any other Act upon the deputy chairperson; and

(b)shall while so acting be paid the remuneration (if any) and travelling and other allowances (if any) fixed from time to time by the Minister.

10Quorum of Authority

(1)A quorum of the Authority shall consist of not less than 5 members.

(2)During any vacancy in the Authority the continuing members, subject to there being a quorum, may act as if no vacancy existed.

(3)No act or proceeding of the Authority shall be invalidated or affected by reason of any subsequently discovered defect or illegality in the appointment thereto or membership thereof of any person or the acting or voting in any matter of any member or, where a member has been appointed to act in the place of the deputy chairperson, on the ground that the occasion for that member so acting has not arisen or has ceased.

11Voting at meetings

(1)The decision on any matter of the majority of the members present at any meeting of the Authority shall be the decision of the Authority on that matter, but in the case of an equality of votes on any matter the chairperson shall have a second or casting vote.

(2)Subject to the regulations, the Authority may appoint any number of its members to be a committee to consider and make a recommendation to the Authority upon any matter, but no decision or recommendation of any committee shall have any force or effect until approved by the Authority.

(3)The Authority shall meet at least twelve times in every year.

(4)Notice of every meeting of the Authority shall be given at such time before the meeting and in such manner as is prescribed, and the regulations may provide for the calling of special meetings and for special notice in the case of such meetings.

11AConflicts of interest

(1)Whenever the Authority is to make a decision on a matter at a meeting, each member present at the meeting must, before the matter is considered, declare any direct or indirect pecuniary interest that he or she has in the matter.

Penalty:5 penalty units.

(2)The Authority or the chairperson must cause the declaration to be tabled at that meeting or at the next meeting of the Authority and the person presiding at that meeting must cause the declaration to be recorded in the minutes of the meeting.

(3)A member who has a conflict of interest in a matter—

(a)must not be present during any deliberations on the matter, unless a declaration of the interest has been made in accordance with this section and the Authority directs otherwise; and

(b)is not entitled to vote on the matter.

(4)A member who has a conflict of interest in a matter must not be present during any deliberations leading to a direction, or take part in making a direction under subsection (3)(a).

(5)If a member votes on a matter in contravention of subsection (3)(b), his or her vote must be disallowed.

(6)For the purposes of the section, a member is not to be regarded as having a conflict of interest—

(a)in a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or

(b)in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed $2000 or 1% of the total nominal value of beneficial interests in the company or body, whichever is the lesser.

12Minutes

(1)The Authority shall cause minutes of its proceedings to be kept in the prescribed manner.

(2)Such minutes purporting to be signed by the chairperson or deputy chairperson shall in any court or before any person acting judicially be prima facie evidence of the holding of the meetings and of the making of the decisions or resolutions and of the other matters recorded therein.

12AFees of members of Authority

A member of the Authority other than the chairperson or deputy chairperson shall be entitled to receive from the funds of the Authority such fees (if any) in respect of the member's attendance at meetings of the Authority or of any committee appointed by the Authority under section 11(2) as are determined from time to time by the Governor in Council in respect of that member.

13Expenses of chairperson, deputy chairperson and members

(1)The chairperson, deputy chairperson and other members of the Authority shall be severally entitled to receive from the funds of the Authority such personal and travelling expenses as are prescribed in respect of their attendance at meetings of the Authority and the carrying out of their duties as such chairperson, deputy chairperson and members.

(2)The Authority with the approval of the Minister may make all such payments as are necessary to insure the chairperson, deputy chairperson and other members of the Authority against accidents happening to them while travelling to or from or in attendance at the scene of any fire or for any purpose relating to the administration of this Act.

PART II—FIRE CONTROL REGIONS, OFFICERS ETC.

14Control of the prevention and suppression of fires in the country area

The control of the prevention and suppression of fires in the country area of Victoria is, subject to this Act, vested in the Authority.

15Proclamation of fire control regions

(1)The Governor in Council may from time to time, after consideration of a report submitted by the Authority, by proclamation published in the Government Gazette—

(a)proclaim parts of the country area of Victoria as fire control regions for the purposes of this Act;

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(c)abolish or in any way vary the area of any such region.

(2)A proclamation under paragraph (a) of subsection (1) shall specify the ordinal number by which each fire control region shall be known.

16Effect of alteration of municipal boundaries

Where the boundaries of a region are defined by reference to the boundaries or any portions of the boundaries of a municipal district, any alteration of the boundaries or relevant portions of the boundaries of the municipal district shall correspondingly alter the boundaries of the region concerned.

16AChief Executive Officer

(1)The Authority must, with the approval of the Minister, appoint a person as Chief Executive Officer of the Authority.

(2)The Chief Executive Officer holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment.

(3)The Chief Executive Officer is responsible to the Authority for the carrying out of its functions.

(4)The Chief Executive Officer must comply with the directions of the Authority.

16BActing Chief Executive Officer

(1)The Authority must appoint a person to be the Acting Chief Executive Officer of the Authority—

(a)while the office of Chief Executive Officer is vacant; or

(b)during any period when the Chief Executive Officer is unable, by reason of illness or absence, to perform the functions of that office.

(2)The Acting Chief Executive Officer has all the powers and functions and may perform the duties of the Chief Executive Officer while he or she is acting.

16CDelegation of powers of Chief Executive Officer

The Chief Executive Officer may, by instrument, delegate to any person by name or to the holder of an office or position approved by the Authority, any responsibility, power, authority, duty or function conferred on the Chief Executive Officer under this Act or the regulations, except this power of delegation.

17Officers and employees

Subject to section 6F, the Authority may from time to time appoint and may at any time transfer, suspend or remove—

(a)a Chief Officer; and

(b)such number of Deputy Chief Officers as the Authority considers necessary; and

(c)such other officers and employees at the classifications and in the numbers as the Authority considers necessary.

17AVolunteer auxiliary workers

The secretary of a brigade (other than an industry brigade) or the group secretary of a group of brigades may from time to time appoint any person as a volunteer auxiliary worker with respect to that brigade or group.

18Salaries or wages of officers etc.

(1)The Authority shall pay to such officers members and employees such salaries or wages or other remuneration and such expenses as the Authority thinks fit being not less than those provided for in any federal award or agreement or minimum wage order under the Fair Work Act 2009 of the Commonwealth applicable to such officers members or employees or (if such an award, agreement or minimum wage order does not apply) as are or is prescribed or, in the absence of such prescription, as the Authority thinks fit.

(2)The Authority shall grant to such officers members and employees such leave as is provided in any federal award or agreement or the National Employment Standards under the Fair Work Act 2009 of the Commonwealth applicable to such officers members or employees or (if such an award, agreement or Standard does not apply) as is prescribed.

18AImmunity for officers etc.

An officer, member or employee of the Authority (not being a volunteer officer or member), and any officer or employee or class of officers or employees of Fire Rescue Victoria made available to the Authority under section 25B of the Fire Rescue Victoria Act 1958, is not subject to any action, liability, claim or demand for any matter or thing done or contract entered into by the Authority if the matter or thing is done or contract is entered into in good faith for the purposes of carrying out a power or duty of the Authority under this Act or the regulations or any other Act or regulations.

19Long service leave of officers etc.

(1)The provisions of sections eighty to eighty-four of the Fire Rescue Victoria Act 1958 shall so far as applicable extend and apply to the granting by the Authority of long service leave or payment in lieu thereof with such modifications as are necessary and in particular with the modifications that—

(a)any reference in the said sections to the Board shall be read and construed as a reference to the Authority;

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(c)Any reference to service shall be read and construed as a reference—

(i)to service as an officer or employee of the Authority and in the case of persons who were transferred to the service of the Authority upon the abolition of the Country Fire Brigades Board, shall include a reference to their prior service as officers or employees of the said Country Fire Brigades Board as if it had been service as officers or employees of the Authority; and

(ii)to such extent as is prescribed by the regulations under this Act to service in any prescribed office under the Crown or with a Public or Government Authority or to service in any prescribed office in the service of the Commonwealth of Australia or any other Australian State.

(2)In this section unless inconsistent with the context or subject-matter officer or employee means a full-time paid officer or employee of the Authority, whether an officer or member of an urban or rural fire brigade or not, and does not include any part-time or volunteer member of any such brigade.

PART III—COUNTRY FIRE CONTROL

Division 1—General

20General duty of Authority

The duty of taking superintending and enforcing all necessary steps for the prevention and suppression of fires and for the protection of life and property in case of fire and the general control of all stations and of all brigades and of all groups of brigades shall, subject to the provisions of this Act, so far as relates to the country area of Victoria be vested in the Authority.

20AAA Duty to assist in major emergency

(1)In addition to any other of its duties and functions under this Act, the Authority must assist in the response to any major emergency occurring within Victoria.

(2)In this section—

emergency agency means—

(a)the Authority;

(b)Fire Rescue Victoria established under the Fire Rescue Victoria Act 1958;

(c)the Secretary to the Department of Sustainability and Environment when performing functions or duties or exercising powers under section 62(2) of the Forests Act 1958;

(d)the Victoria State Emergency Service Authority established under the Victoria State Emergency Service Act 2005;

major emergency means—

(a)a large or complex emergency (however caused) which—

(i)has the potential to cause or is causing loss of life and extensive damage to property, infrastructure or the environment; or

(ii)has the potential to have or is having significant adverse consequences for the Victorian community or a part of the Victorian community; or

(iii)requires the involvement of 2 or more emergency agencies to respond to the emergency; or

(b)a major fire within the meaning of the Emergency Management Act 2013.

20AA General powers of Authority

(1)Subject to this Act, the Authority has the power to do all things necessary or convenient to be done for or in connection with the performance of its duties and functions.

(2)Without limiting or derogating from the generality of the powers of the Authority under this Act, the powers of the Authority include the power to—

(a)subject to section 6F, enter into agreements or arrangements with any person or body for the provision of goods or services to the Authority;

(b)subject to subsection (3), enter into agreements or arrangements with any person or body for the provision of goods or services by the Authority;

(c)apply for, obtain and hold intellectual property rights (including patents, copyrights, trade marks and registered designs);

(d)enter into agreements or arrangements for the commercial exploitation of those intellectual property rights and ancillary services on any terms and conditions as to royalties, lump sum payments or otherwise as the Authority may see fit;

(e)subject to subsection (3), form, participate in the formation of, or be a member of a body corporate, association, partnership, trust or other body;

(f)subject to subsection (3), enter into a joint venture agreement, shareholders agreement or unitholders agreement with any other person or body;

(g)do all things necessary or convenient to give effect to any agreements or arrangements entered into by the Authority including power to appoint any person or body as the Authority's agent for that purpose.

(3)The Authority must obtain the written consent of the Minister before—

(a)entering into any agreement or arrangement with any person or body for the provision of goods or services by the Authority; or

(b)forming, participating in the formation of, or becoming a member of a body corporate, association, partnership, trust or other body; or

(c)entering into any joint venture agreement, shareholders agreement or unitholders agreement.

(4)Subsection (3)(a) does not apply to an agreement or arrangement for the provision of goods or services by the Authority—

(a)to a brigade or group of brigades or to a person acting on behalf of a brigade or group of brigades; or

(b)where the provision of those goods or services falls within the general duties and functions of the Authority.

(5)The Minister's consent under subsection (3)(a) or (b) may be given in respect of a particular case or a class of cases.

20ABPowers relating to volunteer brigades located in the Fire Rescue Victoria fire district

(1)This section sets out the powers exercisable under this Act in relation to volunteer brigades located in the Fire Rescue Victoria fire district for the purposes of—

(a)the duty of the Authority set out in section 20 in relation to the prevention and suppression of fires and the protection of life and property in case of fire so far as relates to the country area of Victoria; and

(b)any other function, power or duty of the Authority set out in this Act or any other Act.

(2)The Authority may exercise powers under the following provisions in relation to volunteer brigades located in the Fire Rescue Victoria fire district—

(a)section 20AA(2)(a), (b), (e), (f) and (g) (entering certain agreements or arrangements, forming certain bodies);

(b)section 21(1) (purchasing stations, etc.);

(c)section 23(1)(a), (b), (c), (d), (e), (f), (g), (i), (k) and (l) (registration etc. of brigades, matters relating to training, communications and publication of materials);

(d)section 102(1) (collecting contributions etc.);

(e)section 109A (appointment of deputies).

(3)The Authority must obtain the written consent of the Minister before exercising a power under section 20AA(2)(b) to do any of the following in relation to volunteer brigades located in the Fire Rescue Victoria fire district—

(a)entering into an agreement or arrangement with a person or body for the provision of goods or services by the Authority;

(b)forming, participating in the formation of, or becoming a member of a body corporate, association, partnership, trust or other body;

(c)entering into a joint venture agreement, shareholders agreement or unit holders agreement.

(4)The Chief Officer may exercise powers under the following provisions in relation to volunteer brigades located in the Fire Rescue Victoria fire district—

(a)section 27(1) and (2) (powers of order and control over brigades, etc.);

(b)section 29(a), (b), (c) and (e) (summoning brigades for practice, inspection of brigades, control of property, inquiries and reports).

(5)The Authority, the Chief Officer, any officer exercising the powers of the Chief Officer, or an officer or member of a brigade, may exercise powers under section 96 (water usage) in relation to volunteer brigades located in the Fire Rescue Victoria fire district.

(6)Section 92 (immunity) applies in relation to the exercise of powers, in accordance with this section, in relation to volunteer brigades located in the Fire Rescue Victoria fire district.

20AC   Role of volunteer brigades to be recognised and valued

(1)It is the intention of the Parliament that Fire Rescue Victoria recognise and value the contribution of volunteer brigades located in the Fire Rescue Victoria fire district.

(2)In particular, Fire Rescue Victoria must, subject to operational requirements, request the assistance of all volunteer brigades located in the Fire Rescue Victoria fire district for the purposes of endeavouring to—

(a)prevent or suppress a fire in the Fire Rescue Victoria fire district (including preventing a fire spreading to the Fire Rescue Victoria fire district from outside the Fire Rescue Victoria fire district); or

(b)protect life or property in the Fire Rescue Victoria fire district.

20AAttendances unconnected with a fire

(1)Notwithstanding anything in this Act the Authority, any group of brigades or any brigade (other than an industry brigade) may, subject to subsection (2), in response to a call for assistance, attend and carry out any function in relation to the provision of assistance to any person or the protection of any property involved in any accident or emergency not connected with the suppression or prevention of fire and the provisions of this Act shall with such adaptations and variations as are necessary apply to and in relation thereto to the same extent as in the case of the prevention and suppression of fire or the protection of life and property in the case of fire.

(2)No attendance or action shall be made or taken by any group of brigades or any brigade pursuant to subsection (1) unless the approval of the Chief Officer or the officer exercising the powers of the Chief Officer has been obtained or in any case where this is not practicable the Officer-in-Charge of any brigade involved has caused the attendance of such brigade to be subsequently reported to the Chief Officer or officer exercising the powers of the Chief Officer for his approval.

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(4)Any person who is entitled to make any claim for compensation under this Act shall not be entitled to make any claim for compensation under the Victoria State Emergency Service Act 2005.

20BFalse alarm of fire

(1)This section applies if a fire brigade in the country area of Victoria responds to a false alarm of fire at a premises given by or originating from—

(a)an automatic fire alarm system; or

(b)equipment designed to detect a fire or other emergency conditions and transmit a signal of that detection.

(2)The Authority may, by written notice, require the owner, occupier or owners corporation of the premises to provide details of the circumstances of the false alarm to the Authority.

(3)A person who receives a notice under subsection (2) may provide the Authority with an explanation of the circumstances of the false alarm of fire and any information supporting the explanation including maintenance and testing records.

(4)The Authority is not required to consider an explanation given by a person under subsection (3) unless it is—

(a)in writing; and

(b)provided to the Authority within 14 days after the person has received the notice under subsection (2).

(5)After the expiry of the period provided under subsection (4)(b) for the provision of an explanation, the Authority must consider whether or not there was a reasonable excuse for the occurrence of the false alarm having regard to—

(a)subject to subsection (4), any explanation and information provided by the person under subsection (3); and

(b)any report of the officer in charge of the fire brigade who attended at the false alarm at the premises; and

(c)the history of any attendances at the premises; and

(d)any other information that the Authority considers is relevant.

(6)If, after considering the matters referred to in subsection (5), the Authority is not satisfied that there was a reasonable excuse for the occurrence of the false alarm of fire, the Authority may by written notice require the person to whom the notice under subsection (2) was given to pay to the Authority the fees and charges prescribed for the attendance of the fire brigade in response to the false alarm.

(7)A person who receives a notice under subsection (6) may apply to VCAT for review of the decision of the Authority to issue the notice.

(8)An application under subsection (7) for a review must be made within 28 days after the later of—

(a)the day on which the applicant is notified of the decision; or

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision—the day on which—

(i)the statement of reasons is given to the applicant; or

(ii)the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.

(9)This section does not apply in relation to an industry brigade.

21Property of Authority etc.

(1)The Authority may purchase take on lease or otherwise acquire stations and other buildings and land and all such apparatus and other real and personal property and all such licences easements and rights in respect of real property as it thinks necessary for carrying into effect the purposes of this Act, and may from time to time sell or exchange or let any property whatsoever acquired by or vested in it for the purposes of this Act.

(2)All moneys resulting from the sale exchange or letting of any property by the Authority shall be applied in the purchase of property for the Authority or the improvement of the property of the Authority.

21APower to grant Crown land to Authority

Notwithstanding anything to the contrary in any Act but subject to the provisions of section 8 of the Crown Land (Reserves) Act 1978 and by agreement with the Minister administering the Environment Protection Act 2017 the Governor in Council may grant any unalienated Crown land to the Authority for the purposes of this Act at such price and upon such terms and conditions as the Governor in Council thinks fit.

21BPower to acquire land

(1)In addition to its powers under section 21, the Authority may acquire compulsorily any land which it is authorized to acquire under this Act or which is required for the purposes of this Act.

(2)The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose—

(a)the Country Fire Authority Act 1958 is the special Act; and

(b)the Country Fire Authority is the Authority.

22Persons holding property of brigades may transfer it to Authority or sell it etc.

(1)A person in whom personal property is vested for or on behalf of a brigade or a group of brigades, and who is authorized in accordance with subsection (1A), may—

(a)transfer the property gratuitously to the Authority; or

(b)sell or otherwise dispose of the property and devote the proceeds to the purposes of the brigade or group of brigades (as the case requires).

(1A)Authorization for the purposes of subsection (1) may be given—

(a)in the case of a brigade—

(i)by a resolution of the members of the brigade duly passed in accordance with the rules of the brigade; or

(ii)in the absence of any applicable rules, by a resolution passed by a majority of members present at a meeting of which not less than fourteen days notice, signifying the intention to propose a resolution for the purposes of this subparagraph, has been given to all duly enrolled members of the brigade; or

(b)in the case of a group of brigades, jointly by the group officer and the group secretary.

(2)Where any personal property (not being the property of the Authority or of any particular person or persons) is in the possession and control of any brigade and there is no person in whom that property is specifically vested for or on behalf of the brigade, then for the purposes of this section that property shall be deemed to be vested in the captain and the secretary of the brigade jointly and the said captain and secretary may exercise the powers conferred by this section accordingly.

(2A)Where any personal property (not being a fire-fighting vehicle and not being the property of the Authority or of any particular person or persons) is in the possession and control of any group of brigades and there is no person in whom that property is specifically vested for or on behalf of the group of brigades, then for the purposes of this section, that property shall be deemed to be vested in the group officer and group secretary of the group of brigades jointly and that group officer and group secretary may exercise the powers conferred by this section accordingly.

(3)Where in the exercise or purported exercise of the powers conferred by this section any personal property is transferred to and accepted by the Authority or sold or otherwise disposed of, that transfer sale or disposal shall be valid and effectual for all purposes and shall operate to convey the property free from all trusts and encumbrances, and no person shall be deemed guilty of any conversion or breach of trust by reason only of any such transfer sale or disposal if done in good faith.

(4)The Authority may in its discretion accept or decline the transfer to it of any personal property pursuant to this section, and where any such transfer is accepted the property shall vest absolutely in the Authority for the purposes of this Act.

(5)This section does not apply in relation to an industry brigade.

23General powers of Authority with respect to brigades, apparatus etc.

(1)The Authority may at any time and from time to time—

(a)take measures to facilitate the formation of permanent or volunteer fire brigades and groups of brigades;

(b)upon application made in the prescribed manner and form register a brigade and enrol the officers and members thereof;

(c)cause to be kept a book or other written record containing the names ages occupations and places of abode of all members of brigades;

(d)amalgamate any brigades or disband or cancel the registration of any brigade or the enrolment of any officer or member of any brigade;

(e)furnish any apparatus and other property acquired by or vested in the Authority to any brigade or group of brigades;

(f)determine the apparatus and other property of the Authority to be available for use by each brigade or group of brigades;

(g)establish schools and facilities or courses of instruction to provide training to any person in the skills required to perform any of the functions of the Authority and permit the use of those schools and facilities by any other body or person;

(h)establish and maintain or contract for the establishment and maintenance of fire alarms and other apparatus for the prevention or suppression of fires and, without affecting the generality of the foregoing, contract with the owner of any land building or premises for the maintenance by the Authority of fire alarms and other apparatus as aforesaid on such land building or premises;

(i)establish and maintain or contract for the establishment and maintenance of telephonic telegraphic radio or other communication between the several stations at which members of brigades are placed and between any such stations and any other places;

(j)contract for the carrying out of aerial reconnaissance of the country area of Victoria or any part or parts thereof for the detection of fires;

(k)organize and conduct fire brigade competitions, defray the cost of transport of members of brigades thereto and therefrom, and provide prizes and certificates for presentation to brigades and competitors thereat; and

(l)publish or disseminate or contract for the publication or dissemination of printed matter broadcast matter and general information in the interest of fire prevention and fire suppression.

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23AA   Industry brigades

(1)The Authority may from time to time in accordance with the regulations designate areas in the country area of Victoria in which it is appropriate to establish industry brigades.

(2)The Authority may from time to time in accordance with the regulations require any relevant owner or group of relevant owners in a designated area—

(a)to form an industry brigade for that area; and

(b)to apply to the Authority for registration of the industry brigade; and

(c)at the expense of the relevant owner or owners—

(i)to provide such officers and members for the industry brigade as are determined by the Authority; and

(ii)to provide the industry brigade with such apparatus for the prevention or suppression of fires and the saving of life at fires as is determined by the Authority.

(3)A relevant owner must, within a reasonable time, comply with a requirement of the Authority directed to the relevant owner under subsection (2).

(4)A relevant owner may apply to the Victorian Civil and Administrative Tribunal for review of a requirement under subsection (2) to form an industry brigade.

(4A)An application for review must be made within 28 days after the later of—

(a)the day on which the requirement is made;

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the relevant owner requests a statement of reasons for the decision, the day on which the statement of reasons is given to the relevant owner or the relevant owner is informed under section 46(5) of that Act that a statement of reasons will not be given.

(5)The Authority, on the request of a relevant owner or owners or on the failure of a relevant owner or owners to comply with subsection (2), may—

(a)form an industry brigade for the designated area in accordance with the requirements of subsection (2); and

(b)recover the costs of forming, equipping and maintaining that brigade from the relevant owner or owners as a debt due to the Authority.

(6)The Authority may register an industry brigade and enrol the officers and members of the brigade.

(7)The Authority may cancel the registration of an industry brigade if—

(a)the Authority determines that there is no longer a need for the brigade; or

(b)the industry brigade fails to comply with the requirements of the Authority under this Act.

(8)The Authority may cancel the enrolment of any officer or member of an industry brigade.

(9)A relevant owner or group of relevant owners must not disband an industry brigade without the written consent of the Authority.

(10)In this section relevant owner, in relation to a designated area means—

(a)an owner of land in the designated area; or

(b)an occupier of land in the designated area; or

(ba)the owner of a forest carbon right within the meaning of the Climate Change Act 2010; or

(c)a forest property owner under a forest property agreement (within the meaning of the Forestry Rights Act 1996) in respect of land in the designated area.

23AGroups of brigades

(1)Any two or more brigades registered under this Act may for the purposes of fire prevention or suppression combine to form a group of brigades.

(2)Upon being notified in the prescribed manner and form of the formation or the variation of the composition of a group of such brigades the Authority may approve or disapprove of the formation or the variation of the composition of the group.

(3)If the Authority approves of the formation of a group of brigades it shall register the group and enrol the following officers—

(a)a group officer;

(b)such number of deputy group officers as are approved by the Authority for the group;

(c)a group communications officer;

(d)a group secretary.

(4)The Authority may at any time and from time to time cancel the registration of any group of brigades or the enrolment of any person enrolled pursuant to subsection (3).

*                *                *                *                *

24Annual report

(1)After the annual report of the Authority has been laid before both Houses of Parliament, the Authority must send a copy of the annual report to each person or body that has made financial contributions under this Act in respect of the financial year reported upon.

*                *                *                *                *

*                *                *                *                *

(3)The Authority shall whenever so required by the Minister furnish to the Minister a special report upon any matter relating to its activities or to the administration of this Act.

25Election of officers of volunteer brigades

(1)Every volunteer brigade shall, except so far as the officers or any of them have been appointed by the Authority, in the prescribed manner and for the prescribed period elect a captain and such other officers of the number and rank determined by the Authority for brigades of that classification and every group of brigades shall in the prescribed manner and for the prescribed period elect such group officers as are prescribed.

(2)No such election shall have any force or effect until approved by the Authority.

(3)The Authority may at any time disqualify any such captain or other officer from exercising any powers and authorities under this Act and thereupon such captain or other officer or any person acting under or in accordance with the direction given by such captain or other officer shall not have the powers and privileges or the benefit of any immunity conferred by this Act.

26Prohibition of unregistered brigades

No association of persons shall operate as a fire brigade in the country area of Victoria unless it is first registered and its officers and members enrolled in accordance with this Act, and no persons so operating without such registration and enrolment shall have any powers or privileges or the benefit of any immunity conferred by this Act.

27Chief Officer to have control of all brigades etc.

(1)Subject to the general powers and directions of the Authority every brigade or group of brigades and all officers and members of brigades or group of brigades shall be under the order and control of the Chief Officer.

(2)The Chief Officer may—

(a)classify a brigade based on its risk profile; and

(b)designate the area of operation of a brigade.

28Powers and duties of Chief Officer

(1)The Chief Officer may, by written instrument, delegate to any person by name or to the holder of an office or position approved by the Authority, either generally or as otherwise provided by the instrument, any power or authority conferred on the Chief Officer under this Act or the regulations or any other Act or regulations, except—

*                *                *                *                *

(c)this power of delegation.

(2)Unless otherwise directed by the Authority or otherwise specified in the regulations, in the absence of the Chief Officer, a Deputy Chief Officer has all the powers, authorities, duties and liabilities conferred or imposed by this Act on the Chief Officer, including the power of delegation conferred by subsection (1).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Country Fire Authority Act 1958 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Country Fire Authority (Amendment) Act 1959, No. 6583/1959

Assent Date:	8.12.59
Commencement Date:	8.12.59
CurrentState:	All of Act in operation

Country Fire Authority (Sawmill Burners) Act 1960, No. 6726/1960

Assent Date:	21.12.60
Commencement Date:	21.12.60
CurrentState:	All of Act in operation

Subordinate Legislation Act 1962, No. 6886/1962

Assent Date:	8.5.62
Commencement Date:	1.8.62: Government Gazette 4.7.62 p. 2314
CurrentState:	All of Act in operation

Country Fire Authority (Amendment) Act 1962, No. 6887/1962

Assent Date:	8.5.62
Commencement Date:	8.5.62
CurrentState:	All of Act in operation

Country Fire Authority (Amendment) Act 1962, No. 6956/1962

Assent Date:	18.12.62
Commencement Date:	18.12.62
CurrentState:	All of Act in operation

Insurance Commissioner (Costs and Expenses) Act 1963, No. 6986/1963

Assent Date:	7.5.63
Commencement Date:	7.5.63
CurrentState:	All of Act in operation

Statute Law Revision Act 1963, No. 7065/1963

Assent Date:	3.12.63
Commencement Date:	3.12.63
CurrentState:	All of Act in operation

Statute Law Revision Act 1964, No. 7142/1964

Assent Date:	5.5.64
Commencement Date:	5.5.64
CurrentState:	All of Act in operation

Country Fire Authority (Borrowing Powers) Act 1964, No. 7156/1964

Assent Date:	6.10.64
Commencement Date:	6.10.64
CurrentState:	All of Act in operation

Country Fire Authority Act 1965, No. 7261/1965

Assent Date:	18.5.65
Commencement Date:	1.9.65: Government Gazette 25.8.65 p. 2635
CurrentState:	All of Act in operation

Country Fire Authority (Service of Notices) Act 1965, No. 7318/1965

Assent Date:	7.12.65
Commencement Date:	7.12.65
CurrentState:	All of Act in operation

Country Fire Authority (Borrowing Powers) Act 1966, No. 7383/1966

Assent Date:	3.5.66
Commencement Date:	3.5.66
CurrentState:	All of Act in operation

Country Fire Authority (Interstate Fire Brigades) Act 1966, No. 7386/1966

Assent Date:	3.5.66
Commencement Date:	3.5.66
CurrentState:	All of Act in operation

Country Fire Authority (Fire Prevention) Act 1966, No. 7476/1966

Assent Date:	6.12.66
Commencement Date:	6.12.66
CurrentState:	All of Act in operation

Country Fire Authority (Prosecutions) Act 1967, No. 7516/1967

Assent Date:	7.3.67
Commencement Date:	7.3.67
CurrentState:	All of Act in operation

Country Fire Authority (Notices) Act 1967, No. 7606/1967

Assent Date:	5.12.67
Commencement Date:	5.12.67
CurrentState:	All of Act in operation

Fire Authorities (Borrowing Powers) Act 1969, No. 7864/1969

Assent Date:	28.10.69
Commencement Date:	28.10.69
CurrentState:	All of Act in operation

Justices (Amendment) Act 1969, No. 7876/1969

Assent Date:	25.11.69
Commencement Date:	1.4.70 (except for ss 3, 5, 6 and 7(k)(m)(n)(o)); ss 3, 5, 6, 7(k)(m)–(o) on 1.7.70: Government Gazette 25.2.70 p. 463
CurrentState:	All of Act in operation

Country Fire Authority (Amendment) Act 1969, No. 7877/1969

Assent Date:	25.11.69
Commencement Date:	25.11.69
CurrentState:	All of Act in operation

Fire Brigades (Contributions) Act 1969, No. 7885/1969

Assent Date:	2.12.69
Commencement Date:	1.7.70: Government Gazette 1.7.70 p. 2271
CurrentState:	All of Act in operation

Country Fire Authority (Borrowing Powers) Act 1970, No. 7993/1970

Assent Date:	29.10.70
Commencement Date:	29.10.70
CurrentState:	All of Act in operation

Metropolitan Fire Brigades (Amendment) Act 1970, No. 8019/1970

Assent Date:	1.12.70
Commencement Date:	27.1.71 (except ss 4, 5, 7, 8): Government Gazette 27.1.71 p. 200; ss 4, 5, 7, 8 on 15.12.72: Government Gazette 13.12.72 p. 3977
CurrentState:	All of Act in operation

Statutory Salaries Act 1971, No. 8165/1971

Assent Date:	3.11.71
Commencement Date:	3.11.71
CurrentState:	All of Act in operation

Statute Law Revision Act 1971, No. 8181/1971

Assent Date:	23.11.71
Commencement Date:	23.11.71
CurrentState:	All of Act in operation

National Parks (Amendment) Act 1971, No. 8210/1971

Assent Date:	14.12.71
Commencement Date:	14.12.71
CurrentState:	All of Act in operation

Country Fire Authority (Amendment) Act 1972, No. 8257/1972

Assent Date:	2.5.72
Commencement Date:	Ss 4, 7, 8–11, 13, 14 on 7.6.72: Government Gazette 7.6.72 p. 2063; ss 1, 12 on 7.3.73: Government Gazette 7.3.73 p. 498; ss 2, 3, 5, 6, 15 on 11.7.73: Government Gazette 11.7.73 p. 2411
CurrentState:	All of Act in operation

Railways (Amendment) Act 1972, No. 8353/1972

Assent Date:	13.12.72
Commencement Date:	8.5.73: Government Gazette 2.5.73 p. 946
CurrentState:	All of Act in operation

Country Fire Authority (Amendment) Act 1973, No. 8478/1973

Assent Date:	27.11.73
Commencement Date:	Ss 1, 3, 4, 5(a) on 19.12.73: Government Gazette 19.12.73 p. 4037; s. 2 on 22.5.74: Government Gazette 22.5.74 p. 1711; s. 5(b) on 13.10.75: Government Gazette 8.10.75 p. 3483
CurrentState:	All of Act in operation

Country Fire Authority (Amendment) Act 1974, No. 8614/1974

Assent Date:	10.12.74
Commencement Date:	10.12.74
CurrentState:	All of Act in operation

National Parks Act 1975, No. 8702/1975

Assent Date:	16.5.75
Commencement Date:	1.12.75: Government Gazette 26.11.75 p. 3888
CurrentState:	All of Act in operation

Constitution Act 1975, No. 8750/1975

Assent Date:	19.11.75
Commencement Date:	1.12.75: Government Gazette 26.11.75 p. 3888
CurrentState:	All of Act in operation

Country Fire Authority (Constitution) Act 1975, No. 8813/1975

Assent Date:	9.12.75
Commencement Date:	9.12.75
CurrentState:	All of Act in operation

Country Fire Authority (Amendment) Act 1976, No. 8933/1976

Assent Date:	14.12.76
Commencement Date:	14.12.76
CurrentState:	All of Act in operation

Statute Law Revision Act 1977, No. 9019/1977

Assent Date:	17.5.77
Commencement Date:	17.5.77: subject to s. 2(2)
CurrentState:	All of Act in operation

Country Fire Authority (Borrowing Powers) Act 1978, No. 9118/1978

Assent Date:	16.5.78
Commencement Date:	16.5.78
CurrentState:	All of Act in operation

Port of Melbourne Authority Act 1978, No. 9178/1978

Assent Date:	8.11.78
Commencement Date:	8.11.78
CurrentState:	All of Act in operation

Crown Land (Reserves) Act 1978, No. 9212/1978

Assent Date:	19.12.78
Commencement Date:	1.3.79: Government Gazette 21.2.79 p. 441
CurrentState:	All of Act in operation

Country Fire Authority (Borrowing Powers) Act 1978, No. 9218/1978

Assent Date:	19.12.78
Commencement Date:	20.12.78: Government Gazette 20.12.78 p. 3886
CurrentState:	All of Act in operation

Country Fire Authority (Amendment) Act 1980, No. 9389/1980

Assent Date:	13.5.80
Commencement Date:	1.7.80: Government Gazette 25.6.80 p. 2119
CurrentState:	All of Act in operation

Country Fire Authority (Penalties) Act 1980, No. 9488/1980

Assent Date:	23.12.80
Commencement Date:	23.12.80
CurrentState:	All of Act in operation

Country Fire Authority (Borrowing Powers) Act 1981, No. 9586/1981

Assent Date:	27.10.81
Commencement Date:	27.10.81
CurrentState:	All of Act in operation

Country Fire Authority (Amendment) Act 1981, No. 9629/1981

Assent Date:	8.12.81
Commencement Date:	Ss 1, 3–8, 10, 11(2), 12 on 16.12.81: Government Gazette 16.12.81 p. 4149; rest of Act on 21.7.82: Government Gazette 21.7.82 p. 2391
CurrentState:	All of Act in operation

Victoria State Emergency Service Act 1981, No. 9673/1981

Assent Date:	22.12.81
Commencement Date:	3.3.82: Government Gazette 3.3.82 p. 603
CurrentState:	All of Act in operation

Public Account (Trust Funds) Act 1982, No. 9861/1982

Assent Date:	5.1.83
Commencement Date:	12.1.83: Government Gazette 12.1.83 p. 81
CurrentState:	All of Act in operation

Statute Law Revision Act 1983, No. 9902/1983 (as amended by No. 10087)

Assent Date:	15.6.83
Commencement Date:	15.6.83: subject to s. 2(2)
CurrentState:	All of Act in operation

Transport Act 1983, No. 9921/1983

Assent Date:	23.6.83
Commencement Date:	S. 255(Sch. 12) on 1.7.83: s. 1(2)(c)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Fire Authorities Act 1983, No. 9928/1983

Assent Date:	28.6.83
Commencement Date:	S. 13 on 29.6.83: Government Gazette 29.6.83 p. 1889; rest of Act on 20.7.83: Government Gazette 20.7.83 p. 2291
CurrentState:	All of Act in operation

Country Fire Authority (Amendment) Act 1983, No. 10004/1983 (as amended by No. 10087)

Assent Date:	13.12.83
Commencement Date:	Ss 1–7, 9–14, 17-22 on 14.12.83: Government Gazette 14.12.83 p. 4037; s. 16 on 1.7.83: s. 16(2); rest of Act on 1.11.84: Government Gazette 31.10.84 p. 3925
CurrentState:	All of Act in operation

Country Fire Authority (Borrowing Powers) Act 1984, No. 10040/1984

Assent Date:	1.5.84
Commencement Date:	1.5.84
CurrentState:	All of Act in operation

Metropolitan Fire Brigades (Amendment) Act 1984, No. 10043/1984

Assent Date:	1.5.84
Commencement Date:	Ss 1–3, 13 on 2.5.84: Government Gazette 2.5.84 p. 1363; ss 4–12 on 9.5.84: Government Gazette 9.5.84 p. 1387
CurrentState:	All of Act in operation

Statute Law Revision Act 1984, No. 10087/1984

Assent Date:	22.5.84
Commencement Date:	22.5.84: subject to s. 3(2)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

State Insurance Office Act 1984, No. 10089/1984

Assent Date:	22.5.84
Commencement Date:	18.9.84: Government Gazette 18.9.84 p. 3219
CurrentState:	All of Act in operation

Fire Authorities Act 1984, No. 10149/1984 (as amended by No. 10173/1985)

Assent Date:	13.11.84
Commencement Date:	S. 21(2) on 31.10.84: s. 2(2); ss 1–3, 5, 7–9, 11, 12, 22–25 on 13.11.84: Government Gazette 13.11.84 p. 4051; rest of Act on 1.12.84: Government Gazette 30.11.84 p. 4207
CurrentState:	All of Act in operation

Accident Compensation Act 1985, No. 10191/1985

Assent Date:	30.7.85
Commencement Date:	S. 276(Sch. 2) on 31.8.85: Government Gazette 30.8.85 p. 3401
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Forests and Country Fire Authority (Penalties) Act 1985, No. 10235/1985

Assent Date:	10.12.85
Commencement Date:	10.12.85
CurrentState:	All of Act in operation

Coroners Act 1985, No. 10257/1985

Assent Date:	10.12.85
Commencement Date:	Ss 1–3, Pt 9 on 12.2.86: Government Gazette 12.2.86 p. 382; rest of Act on 1.6.86: Government Gazette 30.4.86 p. 1115
CurrentState:	All of Act in operation

Health (Amendment) Act 1985, No. 10262/1985

Assent Date:	10.12.85
Commencement Date:	S. 4(Sch.) on 1.3.86: Government Gazette 26.2.86 p. 451
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Courts Amendment Act 1986, No. 16/1986

Assent Date:	22.4.86
Commencement Date:	S. 30(Sch.) on 1.7.86: Government Gazette 25.6.86 p. 2180
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Fire Authorities (Amendment) Act 1986, No. 45/1986

Assent Date:	20.5.86
Commencement Date:	S. 7 on 1.11.86: s. 2(1); ss 1–6, 9–14 on 21.5.86: Government Gazette 21.5.86 p. 1484; s. 8 on 1.8.86: Government Gazette 30.7.86 p. 2945
CurrentState:	All of Act in operation

Country Fire Authority (Amendment) Act 1986, No. 69/1986

Assent Date:	28.10.86
Commencement Date:	1.11.86: s. 2
CurrentState:	All of Act in operation

Land Acquisition and Compensation Act 1986, No. 121/1986

Assent Date:	23.12.86
Commencement Date:	29.11.87: Government Gazette 25.11.87 p. 3224
CurrentState:	All of Act in operation

Conservation, Forests and Lands Act 1987, No. 41/1987

Assent Date:	19.5.87
Commencement Date:	S. 103(Sch. 4 items 8.1–8.6) on 1.7.87: Government Gazette 24.6.87 p. 1694
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Fire Authorities Act 1987, No. 43/1987

Assent Date:	19.5.87
Commencement Date:	Ss 1, 2, 4, 6, 7, 9, 13 on 20.5.87; ss 3, 5, 8, 10–12, 14 on 1.7.87: Government Gazette 20.5.87 p. 1155
CurrentState:	All of Act in operation

Victoria State Emergency Service Act 1987, No. 57/1987

Assent Date:	27.10.87
Commencement Date:	2.5.88: Special Gazette (No. 30) 28.4.88 p. 1
CurrentState:	All of Act in operation

State Bank Act 1988, No. 29/1988

Assent Date:	17.5.88
Commencement Date:	9.6.88: Government Gazette 8.6.88 p. 1582
CurrentState:	All of Act in operation

State Superannuation Act 1988, No. 50/1988

Assent Date:	24.5.88
Commencement Date:	S. 93(2)(Sch. 2 Pt 2 item 9) on 1.7.88: Government Gazette 1.6.88 p. 1487
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Subdivision Act 1988, No. 53/1988

Assent Date:	31.5.88
Commencement Date:	30.10.89: Government Gazette 4.10.89 p. 2532
CurrentState:	All of Act in operation

Country Fire Authority (Amendment) Act 1988, No. 68/1988

Assent Date:	15.12.88
Commencement Date:	15.12.88
CurrentState:	All of Act in operation

Local Government (Consequential Provisions) Act 1989, No. 12/1989

Assent Date:	9.5.89
Commencement Date:	S. 4(Sch. 2 items 17.1–17.43) on 1.11.89: Government Gazette 1.11.89 p. 2798
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

County Court (Amendment) Act 1989, No. 19/1989 (as amended by No. 34/1990)

Assent Date:	16.5.89
Commencement Date:	1.8.89: Government Gazette 26.7.89 p. 1858
CurrentState:	All of Act in operation

Transport (Amendment) Act 1989, No. 44/1989

Assent Date:	6.6.89
Commencement Date:	S. 41(Sch. 2 item 6) on 1.7.89: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Fire Authorities Act 1989, No. 50/1989 (as amended by No. 91/1989)

Assent Date:	14.6.89
Commencement Date:	S. 10 on 30.6.89: Government Gazette 28.6.89 p. 1559; ss 1–9, 11–16, 19, 20, 22, 23, 25 on 1.7.89: Government Gazette 28.6.89 p. 1559; s. 26(2)–(5)(7) on 1.12.89: Government Gazette 8.11.89 p. 2864; s. 26(10) on 5.12.89: Special Gazette (No. 71) 5.12.89 p. 1; ss 17(a), 21, 26(11)–(13) on 1.1.90: Special Gazette (No. 71) 5.12.89 p. 1; ss 18, 24, 26(1)(8)(9) on 3.7.90: Special Gazette (No. 31) 3.7.90 p. 1; s. 17(b) on 1.9.94: Special Gazette (No. 58) 30.8.94 p. 1; s. 26(6) never proclaimed, repealed by No. 21/2007 s. 3(Sch.)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

Accident Compensation (General Amendment) Act 1989, No. 64/1989

Assent Date:	29.9.89
Commencement Date:	S. 38(1) on 1.10.89: Special Gazette (No. 55) 29.9.89 p. 1
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Water (Consequential Amendments) Act 1989, No. 81/1989

Assent Date:	5.12.89
Commencement Date:	1.11.90: Government Gazette 15.8.90 p. 2473
CurrentState:	All of Act in operation

Fire Authorities (Contributions) Act 1989, No. 91/1989 (as amended by Nos 39/1992, 2/1995, 11/1998)

Assent Date:	5.12.89
Commencement Date:	Ss 1–6, 7(b)–(h), 8 on 12.12.89: Special Gazette (No. 72) 12.12.89 p. 1; s. 7(a) on 1.9.94: Special Gazette (No. 58) 30.8.94 p. 1
CurrentState:	All of Act in operation

State Bank (Succession of Commonwealth Bank) Act 1990, No. 94/1990

Assent Date:	18.12.90
Commencement Date:	S. 40(3) on 1.1.91: Special Gazette (No. 73) 31.12.90 p. 1
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Fire Authorities (Amendment) Act 1991, No. 5/1991

Assent Date:	16.4.91
Commencement Date:	Ss 3(1)–(4), 4(1)–(4) on 12.12.89: s. 2(2); ss 3(5), 4(5) on 1.10.90: s. 2(3); rest of Act on 16.4.91: s. 2(1)
CurrentState:	All of Act in operation

Fire and Emergency Services (Miscellaneous Amendments) Act 1992, No. 39/1992

Assent Date:	16.6.92
Commencement Date:	30.6.92: Government Gazette 24.6.92 p. 1531
CurrentState:	All of Act in operation

Industrial Relations (Enterprise Bargaining) Act 1992, No. 47/1992

Assent Date:	23.6.92
Commencement Date:	1.8.92: Government Gazette 22.7.92 p. 1874
CurrentState:	All of Act in operation

Employee Relations Act 1992, No. 83/1992

Assent Date:	24.11.92
Commencement Date:	S. 184(Sch. 6 item 5) on 1.3.93: Special Gazette (No. 63) 27.11.92 p. 1
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Borrowing and Investment Powers (Amendment) Act 1993, No. 99/1993

Assent Date:	23.11.93
Commencement Date:	Pt 1 (ss 1–3) on 23.11.93: s. 2(1); rest of Act on 23.5.94: s. 2(3)
CurrentState:	All of Act in operation

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Assent Date:	31.5.94
Commencement Date:	S. 3(Sch. 1 item 15) on 7.7.94: Government Gazette 7.7.94 p. 1878
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Emergency Management (Amendment) Act 1994, No. 97/1994

Assent Date:	13.12.94
Commencement Date:	13.12.94
CurrentState:	All of Act in operation

Fire Authorities (Miscellaneous Amendments) Act 1995, No. 2/1995

Assent Date:	15.3.95
Commencement Date:	Pts 1, 2 (ss 1–3) on 15.3.95; ss 4, 16 on 23.3.95: Government Gazette 23.3.95 p. 611; rest of Act on 1.9.95: s. 2(3)
CurrentState:	All of Act in operation

Equal Opportunity Act 1995, No. 42/1995

Assent Date:	14.6.95
Commencement Date:	S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 10 on 1.1.96: Government Gazette 21.12.95 p. 3571
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Electricity Industry (Amendment) Act 1995, No. 56/1995

Assent Date:	20.6.95
Commencement Date:	S. 68(Sch. 1 item 5) on 20.6.95: Special Gazette (No. 52) 20.6.95 p. 1
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996

Assent Date:	12.12.96
Commencement Date:	S. 10(Sch. 2 item 5) on 1.1.97: Special Gazette (No. 146) 23.12.96 p. 15
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Fire Authorities (Amendment) Act 1997, No. 24/1997

Assent Date:	20.5.97
Commencement Date:	Ss 3, 5, 6, 10, 11(2), 13 on 5.12.97: Government Gazette 4 .12.97 p. 3289; ss 4, 7–9, 11(1)(3)–(5), 12, 14 on 1.1.98: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Gas Industry (Amendment) Act 1997, No. 36/1997

Assent Date:	3.6.97
Commencement Date:	S. 21 on 3.6.97: Special Gazette (No. 58) 3.6.97 p. 2
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Law and Justice Legislation (Further Amendment) Act 1997, No. 84/1997

Assent Date:	2.12.97
Commencement Date:	S. 12 on 2.12.97: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Gas Industry (Further Amendment) Act 1997, No. 91/1997

Assent Date:	9.12.97
Commencement Date:	S. 43 on 11.12.97: Special Gazette (No. 155) 9.12.97 p. 1
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Rail Corporations (Amendment) Act 1997, No. 104/1997

Assent Date:	16.12.97
Commencement Date:	S. 41 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Fire and Emergency Services Acts (Amendment) Act 1998, No. 11/1998

Assent Date:	28.4.98
Commencement Date:	S. 8 on 5.12.89: s. 2(2); rest of Act on 28.4.98: s. 2(1)
CurrentState:	All of Act in operation

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 (as amended by No. 12/1999)

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 (as amended by No. 101/1998)

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 items 16.1–16.3) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998

Assent Date:	10.11.98
Commencement Date:	S. 30 on 15.12.98: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Rail Corporations (Further Amendment) Act 1998, No. 98/1998

Assent Date:	24.11.98
Commencement Date:	S. 45 on 29.4.99: Government Gazette 29.4.99 p. 967
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Transport (Amendment) Act 2000, No. 30/2000

Assent Date:	30.5.00
Commencement Date:	31.5.00: s. 2
CurrentState:	All of Act in operation

Emergency Management (Amendment) Act 2000, No. 48/2000

Assent Date:	14.6.00
Commencement Date:	15.6.00: s. 2
CurrentState:	All of Act in operation

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000

Assent Date:	21.11.00
Commencement Date:	S. 47 on 1.1.01: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 28) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Country Fire Authority (Amendment) Act 2000, No. 77/2000

Assent Date:	28.11.00
Commencement Date:	29.1.01: Government Gazette 25.1.01 p. 100
CurrentState:	All of Act in operation

Statute Law Amendment (Relationships) Act 2001, No. 27/2001

Assent Date:	12.6.01
Commencement Date:	S. 5(Sch. 3 item 1) on 23.8.01: Government Gazette 23.8.01 p. 1927
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001

Assent Date:	19.6.01
Commencement Date:	S. 26 on 1.9.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Corporations (Financial Services Reform Amendments) Act 2002, No. 9/2002

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. item 3) on 23.4.02: s. 2
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002, No. 49/2002

Assent Date:	22.10.02
Commencement Date:	Ss 22–25 on 23.10.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Country Fire Authority (Volunteer Protection and Community Safety) Act 2003, No. 17/2003

Assent Date:	13.5.03
Commencement Date:	S. 13(1)(2) on 30.6.92: s. 2(2); ss 3–12, 13(3) on 14.5.03: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 46) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 24) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Victoria State Emergency Service Act 2005, No. 51/2005

Assent Date:	24.8.05
Commencement Date:	S. 58(1) on 1.11.05: Government Gazette 20.10.05 p. 2308; ss 59–66 on 1.7.06: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 8) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 21) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 13) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Coroners Act 2008, No. 77/2008

Assent Date:	11.12.08
Commencement Date:	S. 129(Sch. 2 item 7) on 1.11.09: s. 2
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 34) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 2 item 15) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Emergency Services Legislation Amendment Act 2009, No. 73/2009

Assent Date:	1.12.09
Commencement Date:	Ss 3–8 on 2.12.09: s. 2
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Fair Work (Commonwealth Powers) Amendment Act 2009, No. 74/2009

Assent Date:	1.12.09
Commencement Date:	S. 9 on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Transport Integration Act 2010, No. 6/2010

Assent Date:	2.3.10
Commencement Date:	S. 203(1)(Sch. 6 item 10) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Health and Human Services Legislation Amendment Act 2010, No. 29/2010

Assent Date:	8.6.10
Commencement Date:	S. 53 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Climate Change Act 2010, No. 54/2010

Assent Date:	14.9.10
Commencement Date:	S. 77 on 1.7.11: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Justice Legislation Further Amendment Act 2010, No. 64/2010

Assent Date:	28.9.10
Commencement Date:	Ss 16–18 on 1.11.10: Government Gazette 21.10.10 p. 2530
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Fire Services Commissioner Act 2010, No. 73/2010

Assent Date:	19.10.10
Commencement Date:	Ss 41–47 on 1.12.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Subordinate Legislation Amendment Act 2010, No. 78/2010

Assent Date:	19.10.10
Commencement Date:	S. 24(Sch. 1 item 8) on 1.1.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Country Fire Authority Amendment (Volunteer Charter) Act 2011, No. 10/2011

Assent Date:	10.5.11
Commencement Date:	Ss 3, 4 on 11.5.11: s. 2(1)
CurrentState:	All of Act in operation

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 19) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Emergency Management Legislation Amendment Act 2011, No. 56/2011

Assent Date:	2.11.11
Commencement Date:	S. 4 on 3.11.11: s. 2(1); s. 3 on 1.5.12: Special Gazette (No. 140) 1.5.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Emergency Services Legislation Amendment Act 2012, No. 5/2012

Assent Date:	6.3.12
Commencement Date:	Ss 3–58 on 1.5.12: Special Gazette (No. 140) 1.5.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Associations Incorporation Reform Act 2012, No. 20/2012

Assent Date:	1.5.12
Commencement Date:	S. 226(Sch. 5 item 9) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Police and Emergency Management Legislation Amendment Act 2012, No. 35/2012

Assent Date:	13.6.12
Commencement Date:	S. 7 on 14.6.12: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Fire Services Property Levy Act 2012, No. 58/2012

Assent Date:	16.10.12
Commencement Date:	Ss 96, 98, 99 on 17.10.12: s. 2(1); s. 97(3) on 31.12.12: s. 2(2); ss 95, 97(1)(2), 102 on 1.7.13: s. 2(3); ss 94, 100, 101(1) on 1.7.14: s. 2(5); s. 101(2) on 1.7.15: s. 2(7)
Current State:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:	12.11.13
Commencement Date:	S. 649(Sch. 9 item 7) on 1.7.14: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Emergency Management Act 2013, No. 73/2013

Assent Date:	3.12.13
Commencement Date:	Ss 79–81 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 25) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 33) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Justice Legislation Amendment Act 2014, No. 41/2014

Assent Date:	17.6.14
Commencement Date:	Ss 7, 8, 11 on 1.7.14: Special Gazette (No. 223) 1.7.14 p. 1; ss 3–6, 9, 10 on 1.9.14: Special Gazette (No. 223) 1.7.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 12) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 14) on 1.8.15: 2(1)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Emergency Management (Control of Response Activities and Other Matters) Act 2015, No. 43/2015

Assent Date:	22.9.15
Commencement Date:	Ss 29-32 on 23.9.15: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Parks Victoria Act 2018, No. 19/2018

Assent Date:	5.6.18
Commencement Date:	S. 245 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1
Current State:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Emergency Management Legislation Amendment Act 2018, No. 36/2018

Assent Date:	21.8.18
Commencement Date:	S. 57 on 30.9.20: Special Gazette (No. 494) 29.9.20 p. 1; s. 80 on 1.12.20: s. 2(3)
Current State:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Assent Date:	28.8.18
Commencement Date:	S. 34 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1
Current State:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019[3]

Assent Date:	2.7.19
Commencement Date:	Ss 56, 57, 66–81, 152–158 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1
Current State:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 18.1) on 1.5.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 18.2) on 1.7.21: s. 2(4)
Current State:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022

Assent Date:	29.3.22
Commencement Date:	S. 71 on 30.3.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Fire Services Property Amendment (Emergency Services and Volunteers Fund) Act 2025, No. 16/2025

Assent Date:	27.5.25
Commencement Date:	S. 22(1) on 1.7.25: s. 2
Current State:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 3(Sch. 1 item 14) on 22.10.25: s. 2
Current State:	This information relates only to the provision/s amending the Country Fire Authority Act 1958

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Metric Conversion (Country Fire Authority Act 1958) Regulations 1973, S.R. No. 340/1973

Date of Making:	27.11.73
Date of Commencement:	27.11.73

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 85: The amendment to section 85 proposed by section 3 (Schedule 1 item 15) of the Financial Management (Consequential Amendments) Act 1994, No. 31/1994 is not included in this publication as the words to be amended do not appear in this section.

[2] S. 94(3): The amendment to section 94(3) proposed by section 6(3) of the Fire Authorities (Miscellaneous Amendments) Act 1995, No. 2/1995 is not included in this publication as the words to be amended do not appear in this subsection.

[3] Table of Amendments (Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019): The amendment proposed by section 153(b) is not included in this publication because section 19(1)(a) does not contain the phrase "the Board;".

Section 153(b) reads as follows:

153Long service leave of officers etc.

In section 19(1) of the Country Fire Authority Act 1958—

(b)in paragraph (a) for "the Board;" substitute "Fire Rescue Victoria; and";