Country Fire Authority (Amendment) Act 2000 (Vic)

Country Fire Authority (Amendment) Act 2000

Act No. 77/2000

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	1
3.	Principal Act	2
4.	New definition	2
5.	Declaration of fire danger period	2
6.	Chairman and deputy chairman	2
7.	Vacancies	3
8.	Conflicts of interest	3

11A. Conflicts of interest 4

9. Chief Executive Officer 5

16A.	Chief Executive Officer	5
16B.	Acting Chief Executive Officer	5
16C.	Delegation of powers of Chief Executive Officer	6

10.	Amendment of references to Chairman	6
11.	Rights of appeal	6
12.	Delegation	6
13.	Transitional provisions	7

112.	Declaration of fire danger period	7
113.	Transitional—chairman	7
114.	Transitional—rights of appeal under section 74I	7

═══════════════

ENDNOTES 9

i

Victoria

No. 77 of 2000

Country Fire Authority (Amendment)

Act 2000†

[Assented to 28 November 2000]

The Parliament of Victoria enacts as follows:

1. Purposes

The main purposes of this Act are to amend the

Country Fire Authority Act 1958—

(a)	to provide for the appointment of a Chief Executive Officer and a separate part-time Chairman; and
(b)	to make provision in relation to conflicts of interest.

2.  Commencement

Country Fire Authority (Amendment) Act 2000

Act No. 77/2000

(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into

operation on or before 1 July 2001, it comes into

operation on that day.

3. Principal Act

See:

Act No.	In this Act, the Country Fire Authority Act 1958
6228.	is called the Principal Act.
Reprint No. 9
as at
14 October
1999
and amending Act Nos 50/1989, 30/2000 and 48/2000. LawToday: dpc.vic. gov.au

4. New definition

In section 3 of the Principal Act insert the
following definition—
' "Chief Executive Officer" means the Chief

Executive Officer of the Authority appointed under section 16A;'.

5. Declaration of fire danger period

In section 4 of the Principal Act, for "Chairman" substitute "Chief Executive Officer".

6. Chairman and deputy chairman

In the Principal Act—

(a) in section 8(1) omit "other than the chairman and the deputy chairman";

(b) in section 9, sub-section (1) is repealed;
(c) in section 9B, sub-section (2) is repealed.

Country Fire Authority (Amendment) Act 2000

Act No. 77/2000 s. 7

7. Vacancies

In section 8 of the Principal Act, for sub-sections
(3) and (4) substitute—

"(3) The office of a member of the Authority

becomes vacant if the member—

(a)

without the permission of the 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 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.".

8. Conflicts of interest

After section 11 of the Principal Act insert—

Country Fire Authority (Amendment) Act 2000

Act No. 77/2000

"11A. Conflicts 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 chairman 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 full declaration of the interest has been made 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 sub-section
(3)(a).

(5) If a member votes on a matter in

contravention of sub-section (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—

Country Fire Authority (Amendment) Act 2000

Act No. 77/2000 s. 9

(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.".

9. Chief Executive Officer

After section 16 of the Principal Act insert—

"16A. Chief 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.

16B. Acting Chief Executive Officer
Country Fire Authority (Amendment) Act 2000

s. 10 Act No. 77/2000

(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.

16C. Delegation 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.".

10. Amendment of references to Chairman

In section 40 of the Principal Act in sub-sections
(3) and (13), for "chairman" substitute "Chief

Executive Officer".

11. Rights of appeal

In section 74I(b) of the Principal Act, for
"Chairman" substitute "Chief Executive Officer".

12.  Delegation

Country Fire Authority (Amendment) Act 2000

Act No. 77/2000

In section 109B of the Principal Act, after
"member of the Authority" insert ", the Chief

Executive Officer".

13. Transitional provisions

After section 111 of the Principal Act insert—

"112. Declaration of fire danger period

A declaration made by the Chairman under amended by that Act.

section 4 and in force immediately before the
commencement of section 5 of the Country
Fire Authority (Amendment) Act 2000 is
deemed, on and from that commencement, to
be a declaration made by the Chief

113. On the commencement of section 6 of the
Country Fire Authority (Amendment) Act

Transitional—chairman immediately before that commencement goes out of office and a chairman may be appointed in accordance with this Act as amended by the Country Fire Authority (Amendment) Act 2000.

114.	Transitional—rights of appeal under section 74I
For the purposes of an appeal under section 74I, a suspension, removal or penalty imposed by the Chairman under the regulations and in force immediately before the commencement of section 11 of the Country Fire Authority (Amendment) Act 2000, is deemed, on and from that commencement to be a suspension, removal or penalty imposed by the Chief Executive Officer under the regulations.".

Country Fire Authority (Amendment) Act 2000

s. 13 Act No. 77/2000

═══════════════
Country Fire Authority (Amendment) Act 2000

Act No. 77/2000 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 26 October 2000

Legislative Council: 21 November 2000

The long title for the Bill for this Act was "to amend the Country Fire
Authority Act 1958 and for other purposes."