Emergency Services Legislation Amendment Act 2001 (Qld)

Emergency Services Legislation Amendment Act 2001

Queensland EMERGENCY SERVICES LEGISLATION AMENDMENT ACT 2001 Act No. 76 of 2001

Queensland EMERGENCY SERVICES LEGISLATION AMENDMENT ACT 2001 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2—AMENDMENT OF AMBULANCE SERVICE ACT 1991 2 Act amended in pt 2 and sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Amendment of s 2 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Replacement of ss 3A, 3B and 3C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3A Establishment of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3B Membership of service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Amendment of s 3D (Service’s functions) . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Replacement of s 3E and pt 2, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3E Chief executive’s responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Amendment of s 9 (Role of commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Amendment of s 13 (Employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Replacement of ss 19, 20 and 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 19 Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Insertion of new pt 8, div 3— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 3—Provisions for Emergency Services Legislation Amendment Act 2001 69 Deﬁnitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 70 Former service dissolved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 71 Superannuation entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 72 References to former service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 73 Vesting of assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 74 Legal or disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 75 Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 76 Service ofﬁcers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 77 Conditions of employment of transferred ofﬁcers . . . . . . . . . . . . . . . 11 78 Honorary ambulance ofﬁcers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 79 Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 80 Duty to help transfer of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 81 Things taken to have been done etc. by commissioner . . . . . . . . . . . 12 82 Things taken to have been done etc. by chief executive . . . . . . . . . . 12 83 Other things taken to have been done etc. by chief executive . . . . . . 13 84 Other things taken to have been done etc. by the State . . . . . . . . . . . 13 85 Closure of Ambulance Service Fund . . . . . . . . . . . . . . . . . . . . . . . . . 13 86 Transitional regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . 14 PART 3—AMENDMENT OF FIRE AND RESCUE AUTHORITY ACT 1990 11 Act amended in pt 3 and sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 12 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 13 Replacement of s 1 (Short title). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 14 Amendment of s 6 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 15 Replacement of pt 2, hdg and divs 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 1—Queensland Fire and Rescue Service 8 Establishment of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 8A Membership of service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 8B Functions of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 8C Chief executive’s responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 16 Amendment of s 12 (Role of chief commissioner) . . . . . . . . . . . . . . . . . . . . 17 17 Omission of ss 19A and 19B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 18 Amendment of s 20 (Fund) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 19 Omission of ss 22 to 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 20 Replacement of s 25 (Staff of authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 25 Staff of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 21 Amendment of s 26 (Conditions of employment). . . . . . . . . . . . . . . . . . . . . 19 22 Amendment of s 107 (Liability to contribute). . . . . . . . . . . . . . . . . . . . . . . . 19

3 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 23 Insertion of new pt 12, div 3— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 3—Provisions for Emergency Services Legislation Amendment Act 2001 172 Deﬁnitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 173 Authority dissolved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 174 Superannuation entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 175 References to authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 176 Vesting of assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 177 Legal or disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 178 Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 179 Fire service ofﬁcers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 180 Conditions of employment of transferred ofﬁcers . . . . . . . . . . . . . . . 21 181 Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 182 Duty to help transfer of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 183 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 184 Things taken to have been done etc. by commissioner . . . . . . . . . . . 22 185 Things taken to have been done etc. by chief executive . . . . . . . . . . 22 186 Other things taken to have been done etc. by chief executive . . . . . . 23 187 Other things taken to have been done etc. by the State . . . . . . . . . . . 23 188 Closure of QFRA Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 189 Transitional regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . 24 24 Amendment to replace certain references relating to ‘chief commissioner’ with ‘commissioner’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 PART 4—AMENDMENT OF OTHER LEGISLATION 25 Amendments—sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 26 AMENDMENTS OF AMBULANCE SERVICE ACT 1991 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 28 AMENDMENTS OF FIRE AND RESCUE AUTHORITY ACT 1990 SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 39 AMENDMENTS OF ACT AND REGULATIONS

Queensland Emergency Services Legislation Amendment Act 2001 Act No. 76 of 2001 An Act to amend the Ambulance Service Act 1991 and the Fire andRescue Authority Act 1990 , and for other purposes [Assented to 13 November 2001]

s1 6 s4 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 The Parliament of Queensland enacts— PART 1—PRELIMINARY 1 Short title This Act may be cited as the Emergency Services Legislation Amendment Act 2001 . PART 2—AMENDMENT OF AMBULANCE SERVICE ACT 1991 2 Act amended in pt 2 and sch 1 This part and schedule 1 amend the Ambulance Service Act 1991. 3 Amendment of s 2 (Deﬁnitions) Section 2, deﬁnition “chief executive ofﬁcer”— omit. 4 Replacement of ss 3A, 3B and 3C Sections 3A, 3B and 3C— omit, insert — ‘3A Establishment of service ‘The Queensland Ambulance Service is established. ‘3B Membership of service ‘The service consists of— (a) the commissioner; and

s5 7 s7 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 (b) ambulance ofﬁcers, medical ofﬁcers and other staff members employed under section 13.’. 5 Amendment of s 3D (Service’s functions) Section 3D(i)— omit. 6 Replacement of s 3E and pt 2, div 2 Section 3E and part 2, division 2— omit, insert — ‘3E Chief executive’s responsibility ‘ (1) The chief executive is responsible for the way the service performs its functions. ‘ (2) Without limiting subsection (1), the chief executive is responsible for— (a) deﬁning the objectives, strategies and policies to be followed by the service; and (b) ensuring the service performs its functions in an appropriate, effective and efﬁcient way. Example — The chief executive could establish performance measures for the service. ‘ (3) This section does not affect the chief executive’s responsibilities for the department under another Act.’. 7 Amendment of s 9 (Role of commissioner) (1) Section 9(1)— omit, insert — ‘ (1) The commissioner must, in accordance with the objectives, strategies and policies deﬁned by the chief executive— (a) manage the service’s operations; and (b) perform the commissioner’s functions and exercise the commissioner’s powers under this Act.’.

s8 8 s9 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 (2) Section 9(3)— omit . 8 Amendment of s 13 (Employees) (1) Section 13, ‘service’— omit, insert — ‘chief executive’. (2) Section 13(1)(b)— omit , insert — ‘(b) as medical ofﬁcers; and (c) as other staff members;’. 9 Replacement of ss 19, 20 and 21 Sections 19, 20 and 21— omit, insert— ‘19 Fund ‘ (1) The Queensland Ambulance Service Fund is established. ‘ (2) The Financial Administration and Audit Act 1977 applies to the fund. ‘ (3) Accounts for the fund must be kept as part of the departmental accounts of the department. ‘ (4) Amounts received for the fund must be deposited in a departmental ﬁnancial-institution account of the department but may be deposited in an account used for depositing other amounts of the department. ‘ (5) Amounts received for the fund include the following received by the service— (a) amounts received as charges for the use of ambulance services, or as subscriptions paid to the service; (b) amounts received by the department from other sources for the fund or amounts that must be paid into the fund;

s 10 9 s 10 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 (c) amounts received for the disposal of an asset that the chief executive considers was purchased substantially with amounts paid from the fund or the previous fund; (d) interest from investment of the fund. ‘ (6) An amount is payable from the fund for the purposes of this Act. ‘ (7) In this section— “departmental accounts” , of the department, means the accounts of the department under the Financial Administrationand Audit Act1977 , section 12. “departmental ﬁnancial-institution account” , of the department, means an account of the department kept under the Financial Administrationand Audit Act 1977 , section 18. “other amounts” , of the department, means amounts received by the department other than amounts received for the fund. “previous fund” means the Ambulance Service Fund mentioned in the FinancialAdministrationandAuditAct1977 , schedule 2, immediately before the commencement of this section.’. 10 Insertion of new pt 8, div 3— After part 8, division 2— insert — ‘Division 3—Provisions for Emergency Services Legislation Amendment Act 2001 ‘69 Deﬁnitions for div 3 ‘In this division— “Act after amendment” means the AmbulanceServiceAct1991 as in force immediately after the commencement. “Act before amendment” means the AmbulanceService Act1991 as in force immediately before the commencement. “amendment Act” means the Emergency Services Legislation Amendment Act 2001 . “commencement” means the commencement of the amendment Act.

s 10 10 s 10 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 “former service” means the Queensland Ambulance Service in existence immediately before the commencement. “transferred ofﬁcer” means a person taken to be employed as a service ofﬁcer under section 76. ‘70 Former service dissolved ‘The corporate entity that is the former service is dissolved. ‘71 Superannuation entitlements ‘The amendment Act does not— (a) affect the continuation of a transferred ofﬁcer as an employed member for the purposes of the Superannuation (State Public Sector) Deed 1990 ; or (b) otherwise affects any superannuation of a transferred ofﬁcer. ‘72 References to former service ‘A reference in an Act or document in existence immediately before the commencement to the former service is, if the context permits, taken to be a reference to the State. ‘73 Vesting of assets ‘On the commencement, the assets, rights and liabilities of the former service vest in the State. ‘74 Legal or disciplinary proceedings ‘ (1) A legal proceeding relating to something that happened before the commencement that could have been started or continued by or against the former service if the Amendment Act had not been passed may from the commencement be started or continued by or against the State. ‘ (2) A disciplinary proceeding relating to something that happened before the commencement that could have been started or continued by the former service if the Amendment Act had not been passed may from the commencement be started or continued by the chief executive.

s 10 11 s 10 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 ‘75 Suspension ‘The suspension of a service ofﬁcer in force immediately before the commencement is taken, from the commencement, to continue in force under this Act. ‘76 Service ofﬁcers ‘A person who, immediately before the commencement, was employed as a service ofﬁcer of the former service is, on the commencement, taken to be employed as a service ofﬁcer of an equivalent class for the service. ‘77 Conditions of employment of transferred ofﬁcers ‘ (1) The conditions of employment applying to a transferred ofﬁcer must be no less favourable than the conditions that applied to the ofﬁcer immediately before the commencement. ‘ (2) A transferred ofﬁcer remains entitled to all rights accrued or accruing to the ofﬁcer as an employee of the former service. ‘ (3) Without limiting subsection (2), a transferred ofﬁcer is entitled to receive annual, sick and long service leave and any similar entitlements accrued or accruing to the ofﬁcer as an employee of the former service. ‘ (4) Subsection (1) does not limit section 13. ‘78 Honorary ambulance ofﬁcers ‘A person who, immediately before the commencement, was an honorary ambulance ofﬁcer with the former service is taken, on the commencement, to be appointed as an honorary ambulance ofﬁcer for the service. ‘79 Trusts ‘Any property that, immediately before the commencement, was held in trust by the former service, on the commencement, vests in the State on the same trusts to which the property was subject immediately before the vesting.

s 10 12 s 10 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 ‘80 Duty to help transfer of property ‘ (1) The registrar of titles and all persons who keep registers of dealings in property must, if asked by the chief executive, make in the register all entries necessary to record the vesting of property in the State by this division. ‘ (2) A request under this section is not liable to fees or stamp duty. ‘81 Things taken to have been done etc. by commissioner ‘ (1) Anything declared, done, given, granted, made or issued by the commissioner under a commissioner’s section and in force, or having effect, immediately before the commencement is, from the commencement, taken to have been declared, done, given, granted, made or issued by the commissioner. ‘ (2) If the action mentioned in subsection (1) involves a period of time, the subsection must not be taken to extend or otherwise affect the period. ‘ (3) In this section— “commissioner’s section” means a section that, immediately before the commencement, referred to action of the commissioner as commissioner of the former service and after the commencement refers to action of the commissioner of the service. ‘82 Things taken to have been done etc. by chief executive ‘ (1) Anything declared, done, given, granted, made or issued by the commissioner under a chief executive’s section and in force, or having effect, immediately before the commencement is, from the commencement, taken to have been declared, done, given, granted, made or issued by the chief executive. ‘ (2) If the action mentioned in subsection (1) involves a period of time, the subsection must not be taken to extend or otherwise affect the period. ‘ (3) In this section— “chief executive’s section” means a section that, immediately before the commencement, referred to action of the commissioner and after the commencement refers to action of the chief executive.

s 10 13 s 10 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 ‘83 Other things taken to have been done etc. by chief executive ‘ (1) Anything declared, done, given, granted, made or issued by the former service under a chief executive’s section and in force, or having effect, immediately before the commencement is, from the commencement, taken to have been declared, done, given, granted, made or issued by the chief executive. ‘ (2) If the action mentioned in subsection (1) involves a period of time, the subsection must not be taken to extend or otherwise affect the period. ‘ (3) In this section— “chief executive’s section” means a section that, immediately before the commencement, referred to action of the former service and after the commencement refers to action of the chief executive. ‘84 Other things taken to have been done etc. by the State ‘ (1) Anything declared, done, given, granted, made or issued by the former service under a State’s section and in force, or having effect, immediately before the commencement is, from the commencement, taken to have been declared, done, given, granted, made or issued by the State. ‘ (2) If the action mentioned in subsection (1) involves a period of time, the subsection must not be taken to extend or otherwise affect the period. ‘ (3) In this section— “State’s section” means a section that, immediately before the commencement, referred to action of the former service and after the commencement refers to action by the State. ‘85 Closure of Ambulance Service Fund ‘ (1) On the commencement— (a) the Ambulance Service Fund is closed; and (b) the chief executive must record the closing balance of the accounts for the Ambulance Service Fund as the opening balance of the accounts for the new fund. ‘(2) An entry that, apart from subsection (1), would need to be made in the accounts for the Ambulance Service Fund must be made in the accounts for the new fund.

s 11 14 s 12 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 ‘ (3) In this section— “Ambulance Service Fund” means the Ambulance Service Fund mentioned in the FinancialAdministrationandAuditAct1977 , schedule 2, immediately before the commencement of this section. “new fund” means the Queensland Ambulance Service Fund established under section 19. ‘86 Transitional regulation-making power ‘ (1) A regulation (a “transitional regulation” ) may make provision about a matter for which— (a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of the Act before amendment to the operation of the Act after amendment; and (b) the amendment Act does not make provision or sufﬁcient provision. ‘ (2) A transitional regulation must declare it is a transitional regulation. ‘ (3) This section and any transitional regulation expire 1 year after the commencement.’. PART 3—AMENDMENT OF FIRE AND RESCUE AUTHORITY ACT 1990 11 Act amended in pt 3 and sch 2 This part and schedule 2 amend the Fire and Rescue Authority Act 1990 . 12 Amendment of title Title, ‘ Authority ’— omit, insert — ‘ Service ’.

s 13 15 s 15 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 13 Replacement of s 1 (Short title) Section 1— omit, insert — ‘1 Short title ‘This Act may be cited as the Fire and Rescue Service Act 1990 .’. 14 Amendment of s 6 (Deﬁnitions) (1) Section 6, deﬁnitions “authority”, “chief commissioner”, “chief executive ofﬁcer”, “ﬁre authority ofﬁcer” and “ﬁre ofﬁcer”— omit. (2) Section 6— insert — ‘ “commissioner” means the commissioner of the service. “ﬁre ofﬁcer” means a person employed in the service who has the functions of ﬁre prevention and ﬁre control, and includes a person employed under this Act who is undergoing training as a ﬁre ofﬁcer. “ﬁre service ofﬁcer” means a person employed under section 25. “fund” means the Queensland Fire and Rescue Service Fund established under section 20(1). “ service” means the Queensland Fire and Rescue Service.’. 15 Replacement of pt 2, hdg and divs 1 and 2 Part 2, heading and divisions 1 and 2— omit, insert — ‘PART 2—QUEENSLAND FIRE AND RESCUE SERVICE ‘Division 1—Queensland Fire and Rescue Service ‘8 Establishment of service ‘The Queensland Fire and Rescue Service is established.

s 15 16 s 15 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 ‘8A Membership of service ‘The service consists of— (a) the commissioner; and (b) ﬁre service ofﬁcers. ‘8B Functions of service ‘The functions of the service are— (a) to protect persons, property and the environment from ﬁre and chemical incidents; and (b) to protect persons trapped in a vehicle or building or otherwise endangered, to the extent that the service’s personnel and equipment can reasonably be deployed or used for the purpose; and (c) to provide an advisory service, and undertake other measures, to promote— (i) ﬁre prevention and ﬁre control; and (ii) safety and other procedures if a ﬁre or chemical incident happens; and (d) to cooperate with any entity that provides an emergency service; and (e) to perform other functions given to the service under this Act or another Act; and (f) to perform functions incidental to its other functions; and (g) to identify and market products and services incidental to its functions. ‘8C Chief executive’s responsibility ‘ (1) The chief executive is responsible for the way the service performs its functions. ‘ (2) Without limiting subsection (1), the chief executive is responsible for— (a) deﬁning the objectives, strategies and policies to be followed by the service; and

s 16 17 s 18 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 (b) ensuring the service performs its functions in an appropriate, effective and efﬁcient way. Example — The chief executive could establish performance measures for the service. ‘ (3) This section does not affect the chief executive’s responsibilities for the department under another Act.’. 16 Amendment of s 12 (Role of chief commissioner) (1) Section 12(1)— omit, insert — ‘ (1) The commissioner must, under the objectives, strategies and policies deﬁned by the chief executive— (a) manage the service’s operations; and (b) perform the commissioner’s functions and exercise the commissioner’s powers under this Act.’. (2) Section 12(3)— omit . 17 Omission of ss 19A and 19B Sections 19A and 19B— omit . 18 Amendment of s 20 (Fund) (1) Section 20(1)— omit, insert — ‘ (1) The Queensland Fire and Rescue Service Fund is established.’. (2) Section 20(2)— omit, insert — ‘ (2) Amounts received for the fund include the following received by the department—

s 19 18 s 20 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 (a) amounts received for prescribed property as contributions under part 10; 1 (b) amounts received by the department from other sources for the fund or amounts that must be paid into the fund; (c) amounts received for the disposal of an asset that the chief executive considers was purchased substantially with amounts paid from the fund or the QFRA Fund; (d) interest from investment of the fund.’. (3) Section 20(3)— insert— ‘ “QFRA Fund” means the QFRA Fund mentioned in the FinancialAdministrationand Audit Act1977, schedule 2, immediately before the commencement of the Emergency Services Legislation Amendment Act 2001 .’. (4) Section 20(1A), (1B), (2) and (3)— renumber as section 20(2), (3), (4) and (7). (5) Section 20— insert — ‘ (5) An amount is payable from the fund for the purposes of this Act. ‘ (6) The Financial and Audit Act 1977 applies to the fund.’. 19 Omission of ss 22 to 24 Sections 22 to 24— omit . 20 Replacement of s 25 (Staff of authority) Section 25— omit, insert — 1 Part 10 (Funding)

s 21 19 s 23 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 ‘25 Staff of service ‘The chief executive may employ the persons the chief executive considers necessary to perform the service’s functions.’. 21 Amendment of s 26 (Conditions of employment) (1) Section 26(1), ‘by the authority’— omit, insert — ‘under section 25’. (2) Section 26(1), ‘as the authority’— omit, insert — ‘as the chief executive’. 22 Amendment of s 107 (Liability to contribute) (1) Section 107(2), ‘to the authority’— omit, insert — ‘to the department, for the fund’. (2) Section 107(2)(a), ‘(as established by the budget of the authority approved for that year)’— omit . 23 Insertion of new pt 12, div 3— After part 12, division 2— insert — ‘Division 3—Provisions for Emergency Services Legislation Amendment Act 2001 ‘172 Deﬁnitions for div 3 ‘In this division— “Act after amendment” means the Fire and Rescue Authority Act 1990 as in force immediately after the commencement.

s 23 20 s 23 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 “Act before amendment” means the Fire and Rescue Authority Act 1990 as in force immediately before the commencement. “amendment Act” means the Emergency Services Legislation Amendment Act 2001 . “authority” means the authority under this Act immediately before the commencement. “commencement” means the commencement of the amendment Act. “QFRA Fund” means the QFRA Fund that was a continuing fund under the Financial Administration and Audit Act 1977 immediately before the commencement. “transferred ofﬁcer” means a person taken to be employed as a ﬁre service ofﬁcer under section 179. ‘173 Authority dissolved ‘The corporate entity that is the authority is dissolved. ‘174 Superannuation entitlements ‘The amendment Act does not— (a) affect the continuation of a transferred ofﬁcer as an employed member for the purposes of the Superannuation (State Public Sector) Deed 1990 ; or (b) otherwise affects any superannuation of a transferred ofﬁcer. ‘175 References to authority ‘A reference in an Act or document in existence immediately before the commencement to the authority is, if the context permits, taken to be a reference to the State. ‘176 Vesting of assets ‘On the commencement, the assets, rights and liabilities of the authority vest in the State.

s 23 21 s 23 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 ‘177 Legal or disciplinary proceedings ‘ (1) A legal proceeding relating to something that happened before the commencement that could have been started or continued by or against the authority if the Amendment Act had not been passed may from the commencement be started or continued by or against the State. ‘ (2) A disciplinary proceeding relating to something that happened before the commencement that could have been started or continued by the authority if the Amendment Act had not been passed may from the commencement be started or continued by the chief executive. ‘178 Suspension ‘The suspension of a ﬁre authority ofﬁcer in force immediately before the commencement is taken, from the commencement, to continue in force under this Act. ‘179 Fire service ofﬁcers ‘A person who, immediately before the commencement, was employed as a ﬁre authority ofﬁcer is, on the commencement, taken to be employed as a ﬁre service ofﬁcer of an equivalent class. ‘180 Conditions of employment of transferred ofﬁcers ‘ (1) The conditions of employment applying to a transferred ofﬁcer must be no less favourable than the conditions that applied to the ofﬁcer immediately before the commencement. ‘ (2) A transferred ofﬁcer remains entitled to all rights accrued or accruing to the ofﬁcer as an employee of the authority. ‘ (3) Without limiting subsection (2), a transferred ofﬁcer is entitled to receive annual, sick and long service leave and any similar entitlements accrued or accruing to the ofﬁcer as an employee of the authority. ‘ (4) Subsection (1) does not limit section 26. ‘181 Trusts ‘Any property that, immediately before the commencement, was held in trust by the authority, on the commencement, vests in the State on the same trusts to which the property was subject immediately before the vesting.

s 23 22 s 23 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 ‘182 Duty to help transfer of property ‘ (1) The registrar of titles and all persons who keep registers of dealings in property must, if asked by the chief executive, make in the register all entries necessary to record the vesting of property in the State by this division. ‘ (2) A request under this section is not liable to fees or stamp duty. ‘183 Appeals ‘An appeal to the chief commissioner under section 113 started, but not decided, before the commencement may, from the commencement, be continued and decided by the chief executive after the commencement. ‘184 Things taken to have been done etc. by commissioner ‘ (1) Anything declared, done, given, granted, made or issued by the chief commissioner under a commissioner’s section and in force, or having effect, immediately before the commencement is, from the commencement, taken to have been declared, done, given, granted, made or issued by the commissioner. ‘ (2) If the action mentioned in subsection (1) involves a period of time, the subsection must not be taken to extend or otherwise affect the period. ‘ (3) In this section— “commissioner’s section” means a section that, immediately before the commencement, referred to action of the chief commissioner as chief commissioner of the authority and after the commencement refers to action of the commissioner of the service. ‘185 Things taken to have been done etc. by chief executive ‘ (1) Anything declared, done, given, granted, made or issued by the chief commissioner under a chief executive’s section and in force, or having effect, immediately before the commencement is, from the commencement, taken to have been declared, done, given, granted, made or issued by the chief executive. ‘ (2) If the action mentioned in subsection (1) involves a period of time, the subsection must not be taken to extend or otherwise affect the period. ‘ (3) In this section—

s 23 23 s 23 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 “chief executive’s section” means a section that, immediately before the commencement, referred to action of the chief commissioner and after the commencement refers to action of the chief executive. ‘186 Other things taken to have been done etc. by chief executive ‘ (1) Anything declared, done, given, granted, made or issued by the authority under a chief executive’s section and in force, or having effect, immediately before the commencement is, from the commencement, taken to have been declared, done, given, granted, made or issued by the chief executive. ‘ (2) If the action mentioned in subsection (1) involves a period of time, the subsection must not be taken to extend or otherwise affect the period. ‘ (3) In this section— “chief executive’s section” means a section that, immediately before the commencement, referred to action of the authority and after the commencement refers to action of the chief executive. ‘187 Other things taken to have been done etc. by the State ‘ (1) Anything declared, done, given, granted, made or issued by the authority under a State’s section and in force, or having effect, immediately before the commencement is, from the commencement, taken to have been declared, done, given, granted, made or issued by the State. ‘ (2) If the action mentioned in subsection (1) involves a period of time, the subsection must not be taken to extend or otherwise affect the period. ‘ (3) In this section— “State’s section” means a section that, immediately before the commencement, referred to action of the authority and after the commencement refers to action by the State. ‘188 Closure of QFRA Fund ‘ (1) On the commencement— (a) the QFRA Fund is closed; and

s 24 24 s 24 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 (b) the chief executive must record the closing balance of the accounts for the QFRA Fund as the opening balance of the accounts for the new fund. ‘ (2) An entry that, apart from subsection (1), would need to be made in the accounts for the QFRA Fund must be made in the accounts for the new fund. ‘ (3) In this section— “new fund” means the Queensland Fire and Rescue Service Fund established under section 20. “QFRA Fund” means the QFRA Fund mentioned in the FinancialAdministrationand Audit Act1977 , schedule 2, immediately before the commencement of this section. ‘189 Transitional regulation-making power ‘ (1) A regulation (a “transitional regulation” ) may make provision about a matter for which— (a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of the Act before amendment to the operation of the Act after amendment; and (b) the amendment Act does not make provision or sufﬁcient provision. ‘ (2) A transitional regulation must declare it is a transitional regulation. ‘ (3) This section and any transitional regulation expire 1 year after the commencement.’. 24 Amendment to replace certain references relating to ‘chief commissioner’ with ‘commissioner’ (1) All references to ‘chief commissioner’— omit, insert — ‘commissioner’. (2) All references to ‘Chief commissioner’— omit, insert —

s 25 25 s 25 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 ‘Commissioner’. (3) All references to ‘chief commissioner’s’— omit, insert — ‘commissioner’s’. (4) All references to ‘Chief commissioner’s’— omit, insert — ‘Commissioner’s’. (5) Subsection (1), (2), (3) or (4) does not apply to amend a reference mentioned in the subsection if another provision of this part or schedule 2 amends the reference mentioned in the subsection. (6) Also, subsections (1) to (4) do not apply to section 153 or to part 12, division 1. 2 PART 4—AMENDMENT OF OTHER LEGISLATION 25 Amendments—sch 3 (1) Schedule 3 amends the Act and regulation mentioned in it. (2) The amendment of the regulation in schedule 2 does not affect the power of the Governor in Council to further amend the regulation or to repeal it. 2 Section 153 (Evidentiary), part 12 (Savings and transitional provisions), division 1 (Provisions for Act before commencement of EmergencyServicesLegislation Amendment Act 1998)

26 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 SCHEDULE 1 AMENDMENTS OF AMBULANCE SERVICE ACT 1991 section 2 1 Section 14(1), ‘, on behalf of the service,’— omit . 2 Sections 16, 17(3), 50(1) and 54(4), ‘commissioner’— omit, insert — ‘chief executive’. 3 Section 18, ‘service’, 1st and 3rd mention— omit, insert — ‘chief executive’. 4 Section 22(1), ‘service may delegate its’— omit, insert — ‘chief executive may delegate the chief executive’s’. 5 Sections 36 and 40, ‘service’— omit, insert— ‘State’. 6 Section 39(1), ‘The service’— omit, insert — ‘The State’.

27 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 SCHEDULE 1 (continued) 7 Section 43(1), ‘service’— omit, insert — ‘chief executive or the commissioner’. 8 Section 47(2), ‘service’— omit, insert — ‘chief executive’. 9 Section 48(1)(c), ‘owned or’— omit . 10 Section 53— omit.

28 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 SCHEDULE 2 AMENDMENTS OF FIRE AND RESCUE AUTHORITY ACT 1990 section 11 1 Sections 9(1), 18, 19(1), pt 2, div 4, heading, 19C(3), example, 25A, 35(1), 75(4), 104N(2), 140(b), 153(1)(a) and 154(2)(b), ‘authority’— omit, insert — ‘service’. 2 Section 18(1)(b), ‘Minister’— omit, insert — ‘Minister or chief executive’. 3 Section 19C(1), ‘authority may delegate its’— omit, insert — ‘chief executive may delegate the chief executive’s. 4 Section 19C, ‘ﬁre authority’— omit, insert— ‘ﬁre service’. 5 Section 19C(2), ‘by the authority’— omit, insert— ‘by the chief executive’.

29 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 SCHEDULE 2 (continued) 6 Section 27, ‘ﬁre authority’— omit, insert— ‘ﬁre service’. 7 Section 27, ‘employment by the authority’— insert — ‘employment in the service’. 8 Section 27, ‘authorised by the authority’— insert — ‘authorised by the chief executive’. 9 Section 28(1), (2) and (4), ‘ﬁre authority’— omit, insert— ‘ﬁre service’. 10 Sections 28(3) and (5), 30(3) and (4), 32(2), (3) and (4), 69(6), 85, 98(2), 103, 108(4), 109, 118(3), 122, 123(1), 124, 126, 131, 143(1), 144(1), (2) and (13), 145(1), ‘authority’— omit, insert — ‘chief executive’. 11 Section 28(2) and (4), ‘the authority’— omit, insert— ‘the chief executive’. 12 Section 29, ‘the authority’— omit, insert— ‘the chief executive’.

30 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 SCHEDULE 2 (continued) 13 Section 29(a), ‘ﬁre authority’— omit, insert— ‘ﬁre service’. 14 Section 30(1), (2) and 32(1), ‘ﬁre authority’— omit, insert— ‘ﬁre service’. 15 Section 30(1), ‘the authority’— omit, insert— ‘the chief executive’. 16 Section 32(1), ‘to the authority’— omit, insert— ‘to the chief executive’. 17 Section 32(1), ‘of the authority’— omit, insert— ‘of the service’. 18 Section 32(1), ‘by the authority’— omit, insert— ‘by the chief executive’. 19 Section 33(2), ‘notice under the seal of the authority’— omit, insert — ‘written notice signed by the chief executive’.

31 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 SCHEDULE 2 (continued) 20 Section 35(1)(a)(iii), ‘authority’s’— omit, insert — ‘service’s’. 21 Section 37(4)(c)— omit, insert — ‘(c) the chief executive;’. 22 Section 49(a), ‘and the authority’— omit . 23 Section 53(3), ‘pay to the authority’— omit, insert — ‘pay to the chief executive’. 24 Section 53(3), ‘by the authority’— omit . 25 Section 53(3), ‘due to the authority’— omit, insert — ‘due to the State’. 26 Section 69(4), ‘by the authority’— omit. 27 Section 69(4), after ‘recovered’— insert — ‘by the chief executive’.

32 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 SCHEDULE 2 (continued) 28 Section 69(7), ‘of the authority’— omit, insert — ‘incurred’. 29 Section 69(7), ‘subsection (5)’— omit, insert — ‘subsection (4)’. 30 Section 69(7), ‘property the authority’— omit, insert — ‘property the chief executive’. 31 Section 84(1), ‘authority’— omit, insert— ‘chief executive’. 32 Section 84(2), ‘, the authority’— omit, insert— ‘, the chief executive’. 33 Section 84(2), ‘by the authority’— omit, insert— ‘by the chief executive’. 34 Section 84(2) and (3), ‘property of the authority’— omit, insert — ‘property of the State’.

33 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 SCHEDULE 2 (continued) 35 Section 85, heading, ‘Authority’s’— omit, insert — ‘Chief Executive’s’. 36 Section 104F(2), ‘the authority’s charges for the assistance’— omit, insert — ‘to the chief executive the amounts charged by the chief executive for the assistance’. 37 Section 106(2), ‘chief commissioner’— omit, insert — ‘chief executive’. 38 Section 107(1A), ‘a ﬁre brigade operated by ﬁre ofﬁcers’— omit, insert — ‘the service’. 38A Section 113, ‘chief commissioner’— omit, insert — ‘chief executive’. 38B Section 113(6), ‘chief commissioner’s’— omit, insert — ‘chief executive’s’. 39 Section 113(6A), ‘to the authority’— omit, insert — ‘to the State’.

34 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 SCHEDULE 2 (continued) 40 Section 113(6A), ‘by the authority’— omit, insert — ‘by the department’. 41 Section 118, heading, ‘authority’— omit, insert — ‘ department ’. 42 Section 118(1), ‘authority’— omit, insert — ‘department, for the fund,’. 43 Section 119(1), ‘to the authority any amount payable pursuant to’— omit, insert — ‘an amount payable under’. 44 Section 119(1), ‘to the authority interest’— omit, insert — ‘to the department, for the fund, interest’. 45 Section 119(2), ‘to the authority’— omit . 46 Section 119(2), ‘by the authority’— omit, insert— ‘by the chief executive’.

35 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 SCHEDULE 2 (continued) 47 Section 120, ‘paid to the authority’— omit, insert — ‘paid to the department’. 48 Section 120, ‘due to the authority’— omit, insert — ‘due to the State’. 49 Section 120, ‘by the authority’— omit, insert — ‘by the State’. 50 Section 123(3), ‘, the authority’— omit, insert— ‘, the chief executive’. 51 Section 123(3)(b), ‘authority’— omit, insert— ‘chief executive’. 52 Section 123(3)(c), ‘under the seal of the authority’— omit, insert — ‘signed by the chief executive’. 53 Section 125, ‘chief commissioner’— omit, insert — ‘chief executive’.

36 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 SCHEDULE 2 (continued) 54 Section 133, ‘The authority’— omit, insert— ‘The chief executive’. 55 Section 133, ‘the authority’— omit, insert— ‘the chief executive’. 56 Section 133, ‘ﬁre authority’— omit, insert— ‘ﬁre service’. 57 Section 140, ‘, the authority’— omit, insert — ‘, the State’. 58 Section 140(a), ‘by the authority or by any ﬁre authority ofﬁcer’— omit, insert — ‘by any ﬁre service ofﬁcer’. 59 Section 141, ‘ﬁre authority’— omit, insert — ‘ﬁre service’. 60 Section 141(1), ‘the authority’— omit, insert— ‘the chief executive’.

37 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 SCHEDULE 2 (continued) 61 Section 141(2), ‘chief commissioner’— omit, insert — ‘chief executive’. 62 Section 142(1), ‘ﬁre authority’— omit, insert — ‘ﬁre service’. 63 Section 142(1), ‘the authority’— omit, insert — ‘the State’. 64 Section 142, ‘chief commissioner’— omit, insert — ‘chief executive’. 65 Section 142(3), ‘authority’— omit, insert — ‘State’. 66 Section 143(1), ‘or ‘Queensland Fire and Rescue Authority’,’— omit, insert — ‘,‘Queensland Fire and Rescue Authority’ or ‘Queensland Fire and Rescue Service’,’. 67 Section 144(13), ‘chief commissioner’— omit, insert — ‘chief executive’.

38 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 SCHEDULE 2 (continued) 68 Section 153(1)(f), ‘by the chief commissioner’— omit, insert — ‘by the chief executive’. 69 Section 153(1)(f), ‘or the authority’— omit, insert — ‘, authority or chief executive’. 70 Section 153(1)(g), ‘under the seal of the authority’— omit, insert — ‘signed by the chief executive’. 71 Section 153(1)(g)(i), ‘or authority’— omit, insert — ‘, authority or State’. 72 Schedule 4, section 10, ‘the authority or the police service’— omit, insert — ‘the police service or a ﬁre service ofﬁcer’.

39 Emergency Services Legislation Amendment Act 2001 No. 76, 2001 SCHEDULE 3 AMENDMENTS OF ACT AND REGULATIONS section 25 FINANCIAL ADMINISTRATION AND AUDIT ACT 1977 1 Schedule 2, all columns for entry for Department of Emergency Services. omit . FIRE AND RESCUE AUTHORITY REGULATION 2001 1 Section 1, ‘ Authority ’— omit, insert — ‘ Service ’. 2 Section 5(2), ‘chief commissioner’— omit, insert — ‘commissioner’. 3 Section 14, heading, ‘authority’— omit, insert — ‘department’.