Fire and Emergency Services Legislation Amendment Act 2012 (WA)

Western Australia

Fire and Emergency Services Legislation

Amendment Act 2012

Western Australia

Fire and Emergency Services Legislation

Amendment Act 2012

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — *Fire and Emergency*

Services Authority of Western

Australia Act 1998 amended

3.	Act amended	3
4.	Long title amended	3
5.	Section 1 (short title) amended	3
6.	Section 3 amended	3
7.	Part 2 replaced	5
Part 2 — Administration Division 1 — The Minister

4.	Term used: FES Ministerial body	5
5.	FES Ministerial Body	5
6.	Purpose and nature of FES Ministerial
Body	5
7.	Execution of documents by FES
Ministerial Body	6
8.	Powers of Minister relating to property	8
9.	Power of Minister to borrow money	8

8. Part 3 heading deleted and Part 2 Division 2

heading inserted

Fire and Emergency Services Legislation Amendment Act 2012

Contents

Division 2 — The FES Commissioner

9.	Section 11 amended	9
10.	Section 12 amended	10
11.	Section 13 amended	11
12.	Section 14 deleted	11
13.	Part 2 Division 3 heading inserted	11
Division 3 — Delegation
14.	Section 15 amended	12
15.	Section 16 amended	13
16.	Sections 17 and 18 deleted	13
17.	Section 18B amended	13
18.	Section 18C amended	13
19.	Section 18G amended	13
20.	Section 18H amended	14
21.	Part 3C heading replaced	14
Part 3 — FES Units
22.	Section 18L amended	14
23.	Section 18M amended	14
24.	Parts 4 and 5 replaced	14
Part 4 — Staff

19.	Terms used	14
20.	Categories of staff	15
21.	Terms and conditions of employment of
operational staff and wages staff	15
22.	Transfer of operational staff to another
category	16

Part 5 — Advisory committees

23.	Terms used	17
24.	Advisory committees	17
25.	Volunteer advisory committees	18

25.	Part 6 deleted	19
26.	Section 36UA inserted	20

36UA.

Levy to be credited to operating account

27.	Section 36X amended	20
28.	Section 36Z amended	20
29.	Section 36ZD amended	21
30.	Section 36ZJ amended	21
31.	Section 36ZL amended	21
32.	Section 37 amended	22
33.	Section 38 replaced	22

Fire and Emergency Services Legislation Amendment Act 2012

Contents

38. Application of amounts credited to

Department’s operating accounts

34.	Section 38A amended	23
35.	Section 38B amended	23
36.	Section 39 amended	24
37.	Section 41 amended	24
38.	Section 42 deleted	24
39.	Part 8 inserted	25
Part 8 — Savings and transitional provisions relating

to the Fire and Emergency Services

Legislation Amendment Act 2012

Division 1 — Interpretation

42.

Terms used

Division 2 — Transfer of Authority’s assets,

liabilities, etc.

43.	Authority abolished	27
44.	Minister may make transfer orders	27
45.	Transfer of assets and liabilities	29
46.	Fire and Emergency Services Authority
Account	31
47.	Reserve funds	31
48.	Authority to complete necessary
transactions	31
49.	Registration of documents	33
50.	Exemption from State tax	33
51.	Rectifying error in transfer order	34

Division 3 — Chief executive officer and certain

other persons

52. Chief executive officer of Authority

becomes FES Commissioner

53. Bush fire liaison officers and Chief Bush

Fire Control Officers

54. Certain members of Fire and Emergency

Services Superannuation Board

Division 4 — Consultative committees

55.	Members of consultative committees	36
56.	Records of consultative committees	36

Division 5 — Continuing effect of things done

57.	Completion of things commenced	37
58.	Continuing effect of things done	37
59.	Agreements and instruments generally	37

Division 6 — Other transitional provisions

60.	Continuing duty of confidentiality	38
61.	Investments	38
62.	Transitional regulations	38

Fire and Emergency Services Legislation Amendment Act 2012

Contents

63.

Saving

40.	Schedule 1 deleted	40
41.	Schedule 1A amended	40
42.	Schedule 2 deleted	41
43.	Various references to “Authority” amended	41
44.	Various references to “FESA” amended	43
Part 3 — *Bush Fires Act 1954*

amended

45.	Act amended	45
46.	Section 7 amended	45
47.	Section 10 amended	46
48.	Section 12 replaced	46

12.

Bush fire liaison officers

49.	Section 14B amended	47
50.	Section 14 amended	47
51.	Section 17 amended	48
52.	Section 22C amended	48
53.	Section 24B amended	49
54.	Section 24E amended	49
55.	Section 24G amended	49
56.	Section 25A amended	49
57.	Section 27B amended	50
58.	Section 28 amended	50
59.	Section 35 amended	50
60.	Section 38 amended	52
61.	Section 38A amended	52
62.	Section 39 amended	53
63.	Section 51 amended	53
64.	Section 55 deleted	53
65.	Section 56 amended	53
66.	Section 57 amended	54
67.	Section 59 amended	54
68.	Section 65 amended	54
69.	Various references to “Authority” amended	55
Part 4 — *Fire Brigades Act 1942*

amended

70.	Act amended	57
71.	Section 4 amended	57

Fire and Emergency Services Legislation Amendment Act 2012

Contents

72.	Part VI heading amended	58
73.	Section 24 amended	58
74.	Section 25 amended	60
75.	Section 26A amended	60
76.	Part VII heading amended	61
77.	Section 29 deleted	62
78.	Section 31 replaced	62

31. Brigades are under control of FES

Commissioner

79.	Section 33 amended	62
80.	Section 33A amended	63
81.	Section 34 amended	64
82.	Section 34A amended	65
83.	Section 35 amended	65
84.	Section 47A deleted	66
85.	Section 49 amended	66
86.	Section 51 amended	66
87.	Section 52 amended	67
88.	Section 54 amended	67
89.	Section 58 amended	69
90.	Section 59 amended	69
91.	Section 66 amended	69
92.	Section 67 amended	70
93.	Section 73 deleted	70
94.	Various references to “Authority” amended	70
Part 5 — *Fire and Emergency Services Superannuation Act 1985* amended
95.	Act amended	72
96.	Long title amended	72
97.	Section 3 amended	72
98.	Section 4 amended	73
99.	Section 5 amended	73
100.	Section 6 amended	74
101.	Section 17 amended	74
102.	Section 27 amended	74
103.	Section 28 amended	75
104.	Section 31 amended	75
105.	Section 32 amended	75

Fire and Emergency Services Legislation Amendment Act 2012

Contents

106.	Schedule 2 amended	75
Part 6 — *Emergency Management*

Act 2005 amended

107.	Act amended	77
108.	Section 50 amended	77
109.	Section 71 amended	78
Part 7 — Other Acts amended
Division 1 — *Constitution Acts Amendment*

Act 1899 amended

110.	Act amended	79
111.	Schedule V amended	79
Division 2 — *Country Areas Water Supply*

Act 1947 amended

112.	Act amended	79
113.	Section 37 amended	79
Division 3 — *The Criminal Code* amended
114.	Act amended	81
115.	Section 297 amended	81
116.	Section 318 amended	81
Division 4 — *Dangerous Goods Safety Act 2004*

amended

117.	Act amended	81
118.	Section 40 amended	81
Division 5 — *Emergency Services Levy Act 2002*

amended

119.	Act amended	82
120.	Long title amended	82
121.	Section 3 amended	82
Division 6 — *Environmental Protection Act 1986*

amended

122.	Act amended	82
123.	Schedule 6 amended	82
Division 7 — *Financial Management Act 2006*

amended

124.	Act amended	82
125.	Schedule 1 amended	82

Fire and Emergency Services Legislation Amendment Act 2012

Contents

Division 8 — Litter Act 1979 amended

126.	Act amended	83
127.	Third Schedule amended	83
Division 9 — *Metropolitan Water Supply,*

Sewerage, and Drainage Act 1909

amended

128.	Act amended	83
129.	Section 45 amended	83
Division 10 — *Pay-roll Tax Assessment Act 2002*

amended

130.	Act amended	84
131.	Section 40 amended	84
Division 11 — *Public Sector Management*

Act 1994 amended

132.	Act amended	85
133.	Schedule 2 amended	85
Division 12 — *Rates and Charges (Rebates and*

Deferments) Act 1992 amended

134.	Act amended	85
135.	Section 3 amended	85
136.	Section 17 amended	85
Division 13 — *Road Traffic Act 1974* amended
137.	Act amended	86
138.	Section 64A amended	86
139.	Section 64AAA amended	86
Division 14 — *Sentencing Act 1995* amended
140.	Act amended	86
141.	Schedule 1 amended	86
Division 15 — *Swan and Canning Rivers*

Management Act 2006 amended

142.	Act amended	86
143.	Schedule 5 amended	86
Division 16 — *Volunteers and Food and Other*

Donors (Protection from Liability)

Act 2002 amended

144.	Act amended	87
145.	Section 4 amended	87

Fire and Emergency Services Legislation Amendment Act 2012

Contents

Division 17 — Water Boards Act 1904 amended

146.	Act amended	87
147.	Section 63 amended	87

Western Australia

Fire and Emergency Services Legislation

Amendment Act 2012

No. 22 of 2012

An Act to amend —

•	the **Fire and Emergency Services Authority of Western Australia Act 1998; and**
•	the **Bush Fires Act 1954; and**
•	the **Fire Brigades Act 1942; and**
•	the **Fire and Emergency Services Superannuation Act 1985; and**
•	the *Emergency Management Act 2005*,

and to make consequential amendments to other Acts.

[Assented to 29 August 2012]

The Parliament of Western Australia enacts as follows:

Fire and Emergency Services Legislation Amendment Act 2012

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This is the Fire and Emergency Services Legislation

Amendment Act 2012.

2. Commencement

This Act comes into operation as follows —

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

Fire and Emergency Services Legislation Amendment Act 2012

Fire and Emergency Services Authority of Western Australia

Part 2

Act 1998 amended

s. 3

Part 2 — Fire and Emergency Services Authority of

Western Australia Act 1998 amended

3. Act amended

This Part amends the Fire and Emergency Services Authority of

Western Australia Act 1998.

4. Long title amended

In the long title delete “establish an Authority with” and

insert:

provide for

5. Section 1 (short title) amended

In section 1 delete “Authority of Western Australia”.

6. Section 3 amended

(1)

In section 3 delete the definitions of:

Account

Authority

board

chief executive officer

member

member of staff

(2)

In section 3 insert in alphabetical order:

Department means the department of the Public

Service principally assisting in the administration of

this Act;

Fire and Emergency Services Legislation Amendment Act 2012

Part 2

Fire and Emergency Services Authority of Western Australia

Act 1998 amended

s. 6

employed in the Department means employed or

engaged in the Department in accordance with

section 20(1);

FES Commissioner means the Fire and Emergency

Services Commissioner;

Fire and Emergency Services Commissioner means

the chief executive officer of the Department;

member of staff means the FES Commissioner or a

public service officer or other person employed in the

Department;

operating account of the Department means an agency special purpose account established for the purposes of the operations of the Department under the Financial

Management Act 2006 section 16(1)(a);

(3)	In section 3 in the definition of *assistance operation* delete “its functions;” and insert:
functions relating to emergency services;
(4)	In section 3 in the definition of *FESA activities* delete “*FESA*” and insert:
*FES*
(5)	In section 3 in the definition of “*FESA Unit” delete “FESA*” and insert:
*FES*

Fire and Emergency Services Legislation Amendment Act 2012

Fire and Emergency Services Authority of Western Australia

Part 2

Act 1998 amended

s. 7

7. Part 2 replaced

Delete Part 2 and insert:

Part 2 — Administration

Division 1 — The Minister

4. Term used: FES Ministerial body

In this Division —

FES Ministerial Body means the body corporate of

that name established by section 5.

5. FES Ministerial Body

(1)	The FES Ministerial Body is established.
(2)	The FES Ministerial Body is a body corporate with perpetual succession.
(3)	Proceedings may be taken by or against the FES Ministerial Body in its corporate name.
(4)	The FES Ministerial Body is to be governed by the Minister.
(5)	The FES Ministerial Body has the status, immunities and privileges of the Crown.

6. Purpose and nature of FES Ministerial Body

(1)	The FES Ministerial Body is established to provide a body corporate through which the Minister can perform any of the Minister’s functions under the emergency services Acts that can more conveniently be performed by a body corporate than an individual.

Fire and Emergency Services Legislation Amendment Act 2012

Part 2

Fire and Emergency Services Authority of Western Australia

Act 1998 amended

s. 7

(2)	Any acts or things done through the FES Ministerial Body as described in subsection (1) are to be regarded as —

(a)

services under the control of the Department for Act 2006 section 52; and

(b)	operations of the Department for the purposes of Part 5 of that Act.

(3)

Despite the employment under the Public Sector

Management Act 1994 of ministerial officers for the

purpose of assisting the Minister to perform functions

that the Minister performs through the FES Ministerial

Body, the FES Ministerial Body and those officers are

not an organisation for the purposes of that Act.

7. Execution of documents by FES Ministerial Body

(1)

The FES Ministerial Body is to have a common seal.

(2)

A document is duly executed by the FES Ministerial

Body if —

(a)

the common seal of the FES Ministerial Body subsections (3) and (4); or

(b)	it is signed on behalf of the FES Ministerial Body by the Minister; or
(c)	it is signed on behalf of the FES Ministerial Body, as authorised under subsection (5), by the FES Commissioner or another person.

(3)

The common seal of the FES Ministerial Body is not to

be affixed to a document except as authorised by the

FES Ministerial Body.

(4)

The common seal of the FES Ministerial Body is to be affixed to a document in the presence of the Minister,

Fire and Emergency Services Legislation Amendment Act 2012

Fire and Emergency Services Authority of Western Australia

Part 2

Act 1998 amended

s. 7

and the Minister is to sign the document to attest that

the common seal was so affixed.

(5)	The FES Ministerial Body may, by writing under its seal, authorise the FES Commissioner or another person to execute deeds or other documents on behalf of the FES Ministerial Body, either generally or subject to any conditions or restrictions specified in the authorisation.
(6)	A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown.
(7)	A document executed by the FES Commissioner or another person under this section without the common seal of the FES Ministerial Body is not to be regarded as a deed unless it is executed as a deed as authorised under subsection (5).
(8)	When a document is produced bearing a seal purporting to be the common seal of the FES Ministerial Body, it is to be presumed that the seal is
the common seal of the FES Ministerial Body until the contrary is shown.
(9)	For the purposes of this Act, a facsimile of —

(a)	the FES Ministerial Body’s seal; or
(b)	the signature of the Minister or a person authorised under subsection (5) to execute deeds or other documents,

may be used, and a deed or other document purporting

to be endorsed with such a facsimile is, until the

contrary is shown, to be regarded as bearing the

facsimile under this subsection.

Fire and Emergency Services Legislation Amendment Act 2012

Part 2

Fire and Emergency Services Authority of Western Australia

Act 1998 amended

s. 7

8. Powers of Minister relating to property

(1)	In this section —
*acquire* includes taking on lease or licence or in any other manner in which property may be acquired;
*dispose of* includes disposing of by way of lease or licence or in any other manner in which property may be disposed of.
(2)	For the purposes of the emergency services Acts the Minister may —

(a)	acquire, hold, manage, improve, develop, dispose of, and otherwise deal in, real and personal property; and
(b)	develop and turn to account any technology, software or other intellectual property that relates to the purposes of the emergency services Acts and, for those purposes, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights.

(3)	The proceeds of —

(a)	the disposal of any real or personal property; or
(b)	anything else done by the Minister under subsection (2),

are to be credited to an operating account of the

Department.

9. Power of Minister to borrow money

(1)

The Minister may, if the Treasurer approves, borrow

sums of money from the Western Australian Treasury

Corporation, or as otherwise approved by the

Treasurer, for the purposes of the emergency services

Acts.

(2)

All sums borrowed under subsection (1) are to be

credited to an operating account of the Department.

Fire and Emergency Services Legislation Amendment Act 2012

Fire and Emergency Services Authority of Western Australia

Part 2

Act 1998 amended

s. 8

8. Part 3 heading deleted and Part 2 Division 2 heading inserted

Delete the heading to Part 3 and insert:

Division 2 — The FES Commissioner

9. Section 11 amended

(1)

Delete section 11(1) and insert:

(1)	Subject to the control of the Minister, the FES Commissioner is responsible for the provision and management of emergency services in accordance with the functions given to the FES Commissioner by or under the emergency services Acts.

(2)

In section 11(2) delete “Without limiting subsection (1), the

Authority” and insert:

The FES Commissioner

(3)

After section 11(2) insert:

(3)

Nothing in this section or another provision of the

emergency services Acts limits the functions of the

FES Commissioner as a chief executive officer under

the Public Sector Management Act 1994.

Note:

The heading to amended section 11 is to read:

Functions of FES Commissioner

Fire and Emergency Services Legislation Amendment Act 2012

Part 2

Fire and Emergency Services Authority of Western Australia

Act 1998 amended

s. 10

10. Section 12 amended

(1)	In section 12(1) delete “its functions.” and insert:
the FES Commissioner’s functions.
(2)	In section 12(2):

(a)	delete paragraph (a);
(b)	in paragraph (b) delete “its” and insert:

the FES Commissioner’s

(c)	in paragraph (c) delete “its” and insert:

the Department’s

(d)	in paragraph (ca) delete “it” (each occurrence) and insert:

the FES Commissioner

(e)	in paragraph (ca) delete “its” and insert:

the FES Commissioner’s

(f)	in paragraph (e) after “arrangement” insert:

on behalf of the State

(g)	delete paragraph (ea).

Fire and Emergency Services Legislation Amendment Act 2012

Fire and Emergency Services Authority of Western Australia

Part 2

Act 1998 amended

s. 11

(h)	after each of paragraphs (b) to (e) insert:

and

(3)	Delete section 12(3).

11. Section 13 amended

(1)

In section 13(1) delete “In performing any of its functions, the

Authority” and insert:

For the purposes of the functions performed under the

emergency services Acts, the Department

(2)

Delete section 13(2)(d) and insert:

(d)	Western Australia Fire and Rescue Service;

Note:	The heading to amended section 13 is to read:
Department may use certain names

12. Section 14 deleted

Delete section 14.

13. Part 2 Division 3 heading inserted

Before section 15 insert:

Division 3 — Delegation

Fire and Emergency Services Legislation Amendment Act 2012

Part 2

Fire and Emergency Services Authority of Western Australia

Act 1998 amended

s. 14

14. Section 15 amended

(1)	After section 15(1) insert:

(2A)	Without limiting the things that may be delegated under subsection (1), they include things that are to be done in the course of governing the affairs of the FES Ministerial Body under section 5(4).

(2)	In section 15(2):

(a)

delete paragraph (a) and insert:

(a)	to another member of staff, an advisory committee established under section 24(1) or a public service officer not employed in the Department — the performance of any of the FES Commissioner’s functions under the emergency services Acts; and

(b)

in paragraphs (b), (c) and (d) delete “its powers” and insert:

the FES Commissioner’s powers

(3)

In section 15(2) after paragraph (b) insert:

and

(4)

In section 15(5) delete “the board,”.

Note:

The heading to amended section 15 is to read:

Delegation by Minister and FES Commissioner

Fire and Emergency Services Legislation Amendment Act 2012

Fire and Emergency Services Authority of Western Australia

Part 2

Act 1998 amended

s. 15

15. Section 16 amended

Delete section 16(1) and (2) and insert:

(1)

The Minister may, in an instrument by which a

function is delegated under section 15(1), authorise the

FES Commissioner to subdelegate that function to

another member of staff.

(2)

The FES Commissioner may, in an instrument by

which a function is delegated under section 15(2)(a) to

a member of staff, authorise the member of staff to

subdelegate that function to another member of staff.

16. Sections 17 and 18 deleted

Delete sections 17 and 18.

17. Section 18B amended

In section 18B(1) and (2) delete “its functions” and insert:

the FES Commissioner’s functions

18. Section 18C amended

In section 18C(1) delete “it considers” and insert:

the FES Commissioner considers

19. Section 18G amended

In section 18G(2) delete “its functions” and insert:

the FES Commissioner’s functions

Fire and Emergency Services Legislation Amendment Act 2012

Part 2

Fire and Emergency Services Authority of Western Australia

Act 1998 amended

s. 20

20. Section 18H amended

In section 18H(1) delete “it considers” and insert:

the FES Commissioner considers

21. Part 3C heading replaced

Delete the heading to Part 3C and insert:

Part 3 — FES Units

22. Section 18L amended

In section 18L(1) and (2) delete “its functions” and insert:

the FES Commissioner’s functions

23. Section 18M amended

In section 18M(1) delete “it considers” and insert:

the FES Commissioner considers

24. Parts 4 and 5 replaced

Delete Parts 4 and 5 and insert:

Part 4 — Staff

19. Terms used

In this Part —

operational staff means persons engaged under

section 20(2);

Fire and Emergency Services Legislation Amendment Act 2012

Fire and Emergency Services Authority of Western Australia

Part 2

Act 1998 amended

s. 24

PSMA means the Public Sector Management Act 1994.

20. Categories of staff

(1)	For the purposes of the emergency services Acts, persons are to be employed or engaged in the Department —

(a)	as public service officers appointed or made available under the PSMA Part 3; or

(b) as operational staff; or

(2)	Operational staff may be engaged —

(a)

as members or officers of a permanent fire Act 1942 section 4(1); or

(b)	to perform other functions under the emergency services Acts; or
(c)	for the purposes of both paragraphs (a) and (b).

(3)	The provisions of the PSMA prevail over the provisions of the emergency services Acts to the extent of any inconsistency in respect of a person who is engaged under subsection (2) and who is a member of the Senior Executive Service as defined in the PSMA section 3(1).

21. Terms and conditions of employment of operational staff and wages staff

(1)

The PSMA Part 3 does not apply to operational staff or

wages staff.

(2)

The powers to engage, transfer, promote and otherwise manage operational staff and wages staff are vested in the FES Commissioner.

Fire and Emergency Services Legislation Amendment Act 2012

Part 2

Fire and Emergency Services Authority of Western Australia

Act 1998 amended

s. 24

(3)	The remuneration of, and other terms and conditions of service of, operational staff and wages staff are not to be less favourable than provided for in —

(a)

an applicable award, order or industrial Act 1979; or

(b)	the Minimum Conditions of Employment Act 1993.

(4)	Operational staff may be engaged —

(a)	on a full-time or part-time basis; and
(b)	for an indefinite period as permanent officers or for a period not exceeding 5 years.

(5)	Nothing in this section affects the operation of the Industrial Relations Act 1979 Part VID.

22. Transfer of operational staff to another category

(1)	The FES Commissioner may, if he or she considers that it is in the interests of the Department to do so, determine that —

(a)	a person who is a member of the operational staff is to become an officer of the class mentioned in section 20(1)(a); or
(b)	a person who has been the subject of a determination under paragraph (a) is again to become a member of the operational staff.

(2)

A determination under subsection (1) is only to be

made with the consent of the person concerned.

(3)

Regulations may be made in respect of the entitlement

of persons who are the subject of a determination under

subsection (1) to rights and benefits that had accrued or

were accruing at the time when the determination took

effect.

Fire and Emergency Services Legislation Amendment Act 2012

Fire and Emergency Services Authority of Western Australia

Part 2

Act 1998 amended

s. 24

Part 5 — Advisory committees

23. Terms used

In this Part —

advisory committee means a committee established

under section 24(1);

prescribed association means the association or other

body of persons that is prescribed as a body that

represents —

(a)	the bush fire brigades under the Bush Fires Act 1954; or
(b)	the volunteer brigades under the Fire Brigades Act 1942; or

(d) the VMRS Groups; or

(e) the FES Units.

24. Advisory committees

(1)

The Minister may establish committees to provide

advice or assistance to the Minister or the FES

Commissioner or both of them on matters relevant to

the operation or administration of the emergency

services Acts.

(2)

Subsection (1) does not authorise the Minister to

establish a body corporate.

(3)

An advisory committee is to consist of the people the

Minister thinks fit to appoint but, except as stated in

section 25(4), at least one member is to be appointed

from people nominated by the relevant prescribed

association.

Fire and Emergency Services Legislation Amendment Act 2012

Part 2

Fire and Emergency Services Authority of Western Australia

Act 1998 amended

s. 24

(4)

In subsection (3) —

relevant prescribed association means the prescribed

association the Minister considers has functions

relevant to the particular duties and responsibilities of

the advisory committee concerned.

(5)

An advisory committee is to be established by an

instrument signed by the Minister that —

(a)	identifies the members of the committee and the length and conditions of each of their appointments; and
(b)	sets out the duties and responsibilities of the committee, including whether the committee is established to provide advice or assistance only to the Minister or only to the FES Commissioner or to both of them; and
(c)	sets out any other matters in relation to the operation and procedures of the committee the Minister considers appropriate.

(6)

The Minister may, by instrument signed by the

Minister, amend or cancel an instrument made under

subsection (5).

(7)

Except to the extent that its procedures are set out in

the instrument made under subsection (5), an advisory

committee may determine its own procedures.

(8)

The members of an advisory committee are entitled to

any remuneration and allowances the Minister may

from time to time determine on the recommendation of

the Public Sector Commissioner.

25. Volunteer advisory committees

(1)	In this section —
*relevant prescribed association* means the prescribed association that has functions relevant to the particular

Fire and Emergency Services Legislation Amendment Act 2012

Fire and Emergency Services Authority of Western Australia

Part 2

Act 1998 amended

s. 25

duties and responsibilities of the volunteer advisory

committee concerned;

volunteer advisory committee means an advisory

committee established in accordance with

subsection (2).

(2)

Without limiting section 24(1), the Minister must

establish at least one advisory committee under that

provision in respect of each kind of brigade, unit or

group referred to in a paragraph of subsection (3).

(3)

A volunteer advisory committee is to provide advice or assistance to the Minister or the FES Commissioner or both of them on matters relevant to the operation or

administration of —

(a)	the bush fire brigades under the Bush Fires Act 1954; or
(b)	the volunteer brigades under the Fire Brigades Act 1942; or

(d) the VMRS Groups; or

(e) the FES Units,

according to the kind of brigade, unit or group in

respect of which the volunteer advisory committee is

established.

(4)	A volunteer advisory committee is to consist of the people the Minister thinks fit to appoint, but the majority of the members are to be appointed from people nominated by the relevant prescribed association.

25. Part 6 deleted

Delete Part 6.

Fire and Emergency Services Legislation Amendment Act 2012

Part 2

Fire and Emergency Services Authority of Western Australia

Act 1998 amended

s. 26

26. Section 36UA inserted

At the end of Part 6A Division 4 insert:

36UA.

Levy to be credited to operating account

Any levy or levy interest paid to the FES

Commissioner under this Part is to be credited to an

operating account of the Department.

27. Section 36X amended

In section 36X(3):

(a)	after “recovered” insert:

by the FES Commissioner

(b)	delete “Authority.” and insert:

State.

28. Section 36Z amended

In section 36Z(2) delete “jurisdiction.” and insert:

jurisdiction as a debt due to the local government or the State, as

the case requires.

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Part 2

Act 1998 amended

s. 29

29. Section 36ZD amended

In section 36ZD:

(a)

delete “Authority has an interest in the land in respect of which it” and insert:

Minister has an interest in the land in respect of which

the FES Commissioner

(b)

delete “Authority may” and insert:

FES Commissioner may

Note:	The heading to amended section 36ZD is to read:
Minister has interest in land on which levy is due and payable

30. Section 36ZJ amended

(1)	In section 36ZJ(1) after “written agreement” insert:
on behalf of the State
(2)	In section 36ZJ(3) delete “jurisdiction.” and insert:
jurisdiction as a debt due to the State.

31. Section 36ZL amended

In section 36ZL(6) delete “in a court of competent jurisdiction

as a debt due to the Authority.” and insert:

by the FES Commissioner in a court of competent jurisdiction

as a debt due to the State.

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Act 1998 amended

s. 32

32. Section 37 amended

In section 37(3) delete “Crown and the Authority,” and insert:

Crown,

33. Section 38 replaced

Delete section 38 and insert:

38. Application of amounts credited to Department’s operating accounts

(1)

Any amounts credited to an operating account of the

Department under section 8(3), 9(2) or 36UA, or

otherwise as the result of the operation or

administration of the emergency services Acts, may be

applied only for the purposes of those Acts.

(2)

Without limiting subsection (1), amounts credited to an

operating account of the Department as described in

that subsection may from time to time be applied for

the purposes of the emergency services Acts to

purchase, construct, renew, maintain or replace —

(a)	land, buildings, vehicles, vessels, plant or equipment; or
(b)

any other property approved by the Minister. The Financial Management Act 2006 section 20(1) does not apply in relation to amounts credited to an operating account of the Department as described in subsection (1).

(3)

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s. 34

34. Section 38A amended

In section 38A(2)(b) delete “Authority used for the performance

of its” and insert:

Minister used for the performance of the FES Commissioner’s

35. Section 38B amended

(1)	In section 38B(1):

(a)	delete “chief executive officer,” and insert:

FES Commissioner,

(b)	in paragraph (a) delete “Authority” and insert:

Department

(2)	In section 38B(2):

(a)	delete “chief executive officer,” and insert:

FES Commissioner,

(b)	in paragraph (a) delete “Authority; or” and insert:

Department; or

(c)	in paragraph (b) delete “Authority.” and insert:

Department.

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Act 1998 amended

s. 36

36. Section 39 amended

Delete section 39(1) and insert:

(1)	This section applies to a person who is or has been —

(a)	a member of staff; or
(b)	a member of an advisory committee established under section 24(1).

37. Section 41 amended

(1)

In section 41(1) delete “this Act.” and insert:

the Fire and Emergency Services Legislation Amendment

Act 2012 section 37.

(2)

Delete section 41(2)(a) and (b) and insert:

(a)	whether there is a need for the emergency services Acts to continue; and

38. Section 42 deleted

Delete section 42.

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Part 2

Act 1998 amended

s. 39

39. Part 8 inserted

Before Schedule 1 insert:

Part 8 — Savings and transitional provisions

relating to the Fire and Emergency Services Legislation Amendment Act 2012

Division 1 — Interpretation

42. Terms used

In this Part —

amended Act means this Act as amended by the Fire

and Emergency Services Legislation Amendment

Act 2012 Part 2;

amended Bush Fires Act means the Bush Fires

Act 1954 as amended by the Fire and Emergency

Services Legislation Amendment Act 2012 Part 3;

amended Fire Brigades Act means the Fire Brigades

Act 1942 as amended by the Fire and Emergency

Services Legislation Amendment Act 2012 Part 4;

amended Superannuation Act means the Fire and

Emergency Services Superannuation Act 1985 as

amended by the Fire and Emergency Services

Legislation Amendment Act 2012 Part 5;

assets means any legal or equitable estate or interest

(whether present or future, whether vested or

contingent and whether personal or assignable) in real

or personal property of any description and includes

money, securities, choses in action and documents;

Authority means the Fire and Emergency Services

Authority of Western Australia established by section 4

of the former Act;

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board of management means the board of management

referred to in section 6 of the former Act;

consultative committees means the committees

appointed under section 22 of the former Act;

former Act means this Act as in force before the

transfer time;

former Bush Fires Act means the Bush Fires Act 1954

as in force before the transfer time;

former Fire Brigades Act means the Fire Brigades

Act 1942 as in force before the transfer time;

former Superannuation Act means the Fire and

Emergency Services Superannuation Act 1985 as in

force before the transfer time;

liability means any liability, duty or obligation whether

actual, contingent or prospective, liquidated or

unliquidated, or whether owed alone or jointly or

jointly and severally with any other person;

relevant successor means —

(a)	the Minister, in relation to the Authority and a function of the Authority that, at the transfer time, becomes a function of the Minister; and
(b)	the FES Commissioner, in relation to the Authority and a function of the Authority that, at the transfer time, becomes a function of the FES Commissioner; and
(c)	the State, in relation to assets and liabilities transferred to the State by section 45; and
(d)	the FES Ministerial Body, in relation to assets and liabilities transferred to the FES Ministerial Body by section 45;

right means any right, power, privilege or immunity

whether actual, prospective or contingent;

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statutory transition means the transition from the

provisions of the former Act, former Bush Fires Act

and former Fire Brigades Act to the provisions of the

amended Act, amended Bush Fires Act and amended

Fire Brigades Act, including the transition from the

Authority to a relevant successor;

transfer order means an order under section 44;

transfer time means the time when the Fire and

Emergency Services Legislation Amendment Act 2012

section 7 comes into operation.

Division 2 — Transfer of Authority’s assets,

liabilities, etc.

43. Authority abolished

At the transfer time the Authority is abolished and the members of the board of management go out of office.

44. Minister may make transfer orders

(1)	To facilitate the statutory transition, the Minister may make and publish in the Gazette an order that —

(a)	specifies any assets and liabilities of the Authority that are to be assigned to the FES Ministerial Body by the operation of section 45; and
(b)

specifies proceedings in which the the Authority as a party by the operation of section 45; and

(c)

specifies any agreement or instrument that, by the operation of section 45, is to have effect as if references to the State or the FES Ministerial Body were substituted, in accordance with the

order, for references in the agreement or

instrument to the Authority.

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(2)

A transfer order may also deal with incidental or

supplementary matters and has effect accordingly.

(3)

The transfer order may specify things by reference to

schedules that —

(a)	need not be published in the Gazette; but
(b)	must be available for public inspection,

and anything specified in a schedule is to be taken to be

specified in the order.

(4)	A thing may be specified in a transfer order by describing the class to which it belongs.
(5)	Before a transfer order is made specifying anything by reference to a schedule, a copy of which will be required to be delivered to a relevant official under section 49(3), the Minister is to consult with the, or each, relevant official as to the form and content of the schedule.
(6)	To the extent to which a schedule to a transfer order relates to the functions of the Registrar of Titles, the schedule is to be in a form that meets the requirements
of the Registrar.
(7)	A thing done by, under or for the purposes of this Part is not invalid merely because subsection (5) or (6) was not complied with.
(8)	A transfer order can only be made before the transfer time.
(9)	The fact that a previous transfer order has been made does not prevent a further transfer order from being made.

(10)	A transfer order, or a schedule to which it refers, may be amended by the Minister, by further order published

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s. 39

in the Gazette, but no such amendment may be made

after the transfer time.

45. Transfer of assets and liabilities

(1)	If a transfer order is made, then —

(a)	at the transfer time —

(i) the assets of the Authority specified in the transfer order are, by the operation of this section, assigned to the FES

Ministerial Body; and

(ii) the rest of the assets of the Authority are, by the operation of this section, assigned to the State;

and

(b)	at the transfer time —

(i) the liabilities of the Authority specified in the transfer order are, by the operation of this section, assigned to and become the liabilities of the FES Ministerial Body; and

(ii) the rest of the liabilities of the Authority are, by the operation of this section, assigned to and become the liabilities of the State;

and

(c)	at the transfer time, the FES Ministerial Body is substituted for the Authority as a party to any proceedings specified in the transfer order, and the State is substituted for the Authority as a party to all other proceedings in which the Authority was a party immediately before the transfer time; and
(d)	any agreement or instrument specified in the order has effect, by the operation of this

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section, as if references to the State or the substituted, in accordance with the order, for references in it to the Authority; and

(e)	any proceedings or remedy that might have been commenced by, or available against or to, the Authority in relation to the assets and liabilities assigned by paragraphs (a) and (b) may be commenced by, or are available against or to —

(i) the FES Ministerial Body, in the case of assets and liabilities assigned by paragraphs (a)(i) and (b)(i); and

(ii) the State, in the case of assets and liabilities assigned by paragraphs (a)(ii) and (b)(ii);

and

(f)	anything done or omitted to be done in relation to the assets and liabilities assigned by paragraphs (a) and (b) before the assignment, by, to or in respect of the Authority (to the extent that that thing has any effect) is to be taken to have been done or omitted by, to or in respect of —

(i) the FES Ministerial Body, in the case of assets and liabilities assigned by paragraphs (a)(i) and (b)(i); and

(ii) the State, in the case of assets and liabilities assigned by paragraphs (a)(ii) and (b)(ii).

(2)	As soon as is practicable after the transfer time, all records and data of the Authority are to be delivered to the FES Commissioner.

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Part 2

Act 1998 amended

s. 39

46. Fire and Emergency Services Authority Account

(1)	In this section —
*former account* means the Fire and Emergency Services Authority Account referred to in section 30 of the former Act.
(2)	At the transfer time, any moneys standing to the credit of the former account are to be credited to an operating account of the Department, and the former account is
then to be closed.
(3)	Moneys referred to in subsection (2) may be applied —

(a)	in the payment of any liabilities of the former account arising before the transfer time; and
(b)	for the purposes of the emergency services Acts.

(4)

The operating account referred to in subsection (2) is to

be credited with any money payable to the former

account before the transfer time that is paid after that

time.

(5)

If in an agreement, instrument or other document there

is a reference to the former account, that reference is,

unless the context otherwise requires, to be read or to

have effect from the transfer time as if it were a

reference to the operating account referred to in

subsection (2).

47. Reserve funds

At the transfer time, any moneys in a reserve fund

established under section 35A of the former Act are to

be credited to an operating account of the Department.

48. Authority to complete necessary transactions

(1)	If an asset or liability of the Authority cannot be properly assigned to the State or the FES Ministerial

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Body by the operation of this Division (whether because the matter is governed otherwise than by the law of the State or for any other reason) —

(a)	the Authority is to be taken to continue to hold that asset or be liable for that liability until it is effectively assigned to the State or the

FES Ministerial Body in accordance with this

Division; and

(b)	the Authority is to take all practicable steps for the purpose of ensuring that the asset or liability is effectively assigned to the State or the FES Ministerial Body in accordance with this Division.

(2)	The fact that subsection (1)(a) applies to an asset or liability that is to be assigned to the State or the FES Ministerial Body under this Division does not affect the duty of the accountable authority of the Department
under the Financial Management Act 2006.
(3)	Despite section 43, the Authority continues in existence for the purpose of performing the functions described in subsection (1).
(4)	The Authority is to perform those functions through a person appointed by the Minister.
(5)	The person holds office at the pleasure of the Minister and on such terms and conditions as the Minister determines.
(6)	The Authority as continued by this section has the powers that are necessary or convenient for the purposes of this section.

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Part 2

Act 1998 amended

s. 39

49. Registration of documents

(1)	In this section —
*relevant official* means —

(a)	the Registrar of Titles; or
(b)	the Registrar of Deeds and Transfers; or
(c)	any other person authorised by a written law to record and give effect to the registration of documents relating to property transactions,

according to which, if any, of them has responsibility

for a register relating to the relevant property;

relevant property means property of a kind affected by

this Part, whether it is an estate or interest in land or

other property.

(2)

The relevant officials are to take notice of this Part and

any transfer order, including a schedule to which the

order refers, and are to record and register in the

appropriate manner the documents necessary to show

the effect of this Part and the transfer order.

(3)

The Minister is to cause a copy of each transfer order and any schedule to which it refers to be delivered to each relevant official.

50. Exemption from State tax

(1)

In this section —

State tax includes duty chargeable under the Duties

Act 2008 and any other tax, duty, fee, levy or charge,

under a law of the State.

(2)

State tax is not payable in relation to —

(a)	anything that occurs by the operation of this Part; or
(b)	anything done (including a transaction entered into or an instrument or document of any kind

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Act 1998 amended

s. 39

made, executed, lodged or given) under this purpose connected with or arising out of giving effect to this Part.

(3)	The Minister may certify in writing that —

(a)	a specified thing occurred by the operation of this Part; or
(b)	a specified thing was done under this Part, or to give effect to this Part, or for a purpose connected with or arising out of giving effect to this Part.

(4)	For all purposes and in all proceedings, a certificate under subsection (3) is sufficient evidence of the matters it certifies, except so far as the contrary is shown.

51. Rectifying error in transfer order

(1)	The Minister may, by order published in the Gazette, make any provision that is necessary to correct any error in a transfer order or a schedule to which a transfer order refers.
(2)	An order under this section may be made so as to have effect from the transfer time.
(3)	To the extent that a provision of an order under this section has effect before the day of its publication in the Gazette, section 45 does not, as a result of that
provision, operate so as —

(a)	to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the day of publication; or
(b)	to impose liabilities on any person (other than the State or an authority of the State) in respect

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Part 2

Act 1998 amended

s. 39

of anything done or omitted to be done before

the day of publication.

Division 3 — Chief executive officer and certain

other persons

52. Chief executive officer of Authority becomes FES Commissioner

(1)

The person holding office as the chief executive officer

of the Authority in accordance with section 19 of the

former Act immediately before the transfer time is to

be taken to have been appointed as the

FES Commissioner on the same terms and conditions.

(2)

Except as otherwise agreed by the person, the operation

of subsection (1) does not —

(a)	in the Public Sector Management

affect the person’s pay, as that term is defined Regulations 1994 regulation 3(1); or

(b)	affect the person’s existing or accruing rights in respect of annual leave, long service leave, sick leave or any other leave; or
(c)	affect any rights under a superannuation scheme; or
(d)	interrupt the continuity of the person’s service.

(3)	For the purposes of subsection (2)(d), the person’s service with the Authority is to be taken to have been with the Department.

53. Bush fire liaison officers and Chief Bush Fire Control Officers

(1)	The appointment of a person as a bush fire liaison officer in accordance with section 12 of the former Bush Fires Act that has effect immediately before the

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s. 39

transfer time continues to have effect as the designation

of the person as a bush fire liaison officer under

section 12 of the amended Bush Fires Act.

(2)

The appointment of a person by the Authority as the Chief Bush Fire Control Officer for the district of a local government under section 38A of the former

transfer time continues to have effect as the designation

of the person by the FES Commissioner as the Chief

Bush Fires Act that has effect immediately before the section 38A of the amended Bush Fires Act.

54. Certain members of Fire and Emergency Services Superannuation Board

The appointment of a person by the Authority as a

member or alternate member of the Fire and

Emergency Services Superannuation Board under the

former Superannuation Act section 4(4)(a) or (5) that

has effect immediately before the transfer time

continues to have effect as the appointment of the

person by the FES Commissioner as a member or

alternate member of that Board under that provision of

the amended Superannuation Act.

Division 4 — Consultative committees

55. Members of consultative committees

At the transfer time the members of the consultative

committees go out of office.

56. Records of consultative committees

As soon as is practicable after the transfer time all

records and data of the consultative committees are to

be delivered to the FES Commissioner.

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Part 2

Act 1998 amended

s. 39

Division 5 — Continuing effect of things done

57. Completion of things commenced

Anything commenced to be done by the Authority

before the transfer time may be continued by the

relevant successor so far as the doing of that thing is

within the functions of the relevant successor.

58. Continuing effect of things done

Anything done or omitted to be done before the

transfer time by, to or in respect of the Authority, to the

extent that it —

(a)	has any force or significance; and
(b)	is not governed by another provision of this Part,

is to be taken to have been done or omitted by, to or in

respect of the relevant successor.

59. Agreements and instruments generally

Any agreement or instrument subsisting immediately

before the transfer time —

(a)	to which the Authority was a party; or
(b)

which contains a reference to the Authority,

has effect on and after transfer time, to the extent to

which the agreement or instrument relates to the

functions of a relevant successor, as if —

(c)	the relevant successor were substituted for the Authority as a party to the agreement or instrument; and
(d)	any reference in the agreement or instrument to the Authority were, unless the context otherwise requires, amended to be or include a reference to the relevant successor.

Fire and Emergency Services Legislation Amendment Act 2012

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Act 1998 amended

s. 39

Division 6 — Other transitional provisions

60. Continuing duty of confidentiality

Despite the amendment of section 39 by the Fire and Emergency Services Legislation Amendment Act 2012 section 36, section 39 continues to apply to a person

who has been a member of the Authority, a member of

a consultative committee or a member of staff (as

defined in section 3 of the former Act).

61. Investments

(1)

Despite the deletion of Part 6 of the former Act by the Fire and Emergency Services Legislation Amendment Act 2012 section 25, the investment of any funds of the

Authority that is authorised under section 31 of the former Act immediately before the transfer time continues to be authorised as if that section had not been deleted.

(2)

Any funds referred to in subsection (1) that cease to be

invested as described in that subsection are to be

credited to an operating account of the Department.

62. Transitional regulations

(1)	In this section —
*specified* means specified or described in the regulations;
*transitional matter* means a matter that needs to be dealt with for the purpose of effecting the statutory transition.
(2)	If there is no sufficient provision in this Part or in a transfer order for dealing with a transitional matter, regulations made under this Act may prescribe all
matters that are necessary or convenient to be prescribed for dealing with the matter.

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Act 1998 amended

s. 39

(3)

Regulations referred to in subsection (2) may provide

that a specified provision of this Act does not apply, or

applies with specified modifications, to or in relation to

any matter.

(4)

If regulations referred to in subsection (2) provide that

a specified state of affairs is to be taken to have

existed, or not to have existed, on and from a day that

is earlier than the day on which the regulations are

published in the Gazette but not earlier than the

commencement of the relevant provision of the Fire

and Emergency Services Legislation Amendment

Act 2012, the regulations have effect according to their

terms.

(5)

If regulations contain a provision referred to in

subsection (4), the provision does not operate so as —

(a)	to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the regulations were published in the Gazette; or
(b)	to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the regulations were published in the Gazette.

(6)	Regulations cannot be made for the purposes of this section after the end of 24 months after the day on which the Fire and Emergency Services Legislation Amendment Act 2012 receives the Royal Assent.

63. Saving

The operation of any provision of this Part is not to be

regarded —

(a)	as a breach of contract or confidence or otherwise as a civil wrong; or

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s. 40

(b)	as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or

liabilities or the disclosure of information; or

(c)	as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability; or
(d)	as causing any contract or instrument to be void or otherwise unenforceable; or
(e)	as releasing or allowing the release of any surety.

40. Schedule 1 deleted

Delete Schedule 1.

41. Schedule 1A amended

(1)

In Schedule 1A in the item relating to s. 36S(1) delete

“Authority,” and insert:

FES Commissioner,

(2)

In Schedule 1A in the items relating to s. 36T(3) and s. 36Z(1)

delete “Authority”” and insert:

FES Commissioner”

(3)

In Schedule 1A delete the item relating to s. 36Z(2) and insert:

s. 36Z(2)

(a)

“or the FES Commissioner” is deleted;

(b)	“or the State, as the case requires” is deleted.

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s. 42

(4)

In Schedule 1A in the item relating to s. 36ZC(1) and (2) delete

““Authority”” and insert:

“FES Commissioner”

(5)

In Schedule 1A delete the item relating to s. 36ZD and insert:

s. 36ZD

(a)

“Minister” is deleted and the following is inserted instead —

“ local government ”;

(b)	“FES Commissioner” is deleted in both places where it occurs and the following is inserted instead —

“ local government ”.

42. Schedule 2 deleted

Delete Schedule 2.

43. Various references to “Authority” amended

In the provisions listed in the Table delete “Authority” (each

occurrence) and insert:

FES Commissioner

Table

s. 3 def. of *assistance operation*,	s. 12(1) and (2)
*FESA Unit, SES Unit* and *VMRS Group*
s. 13(4)	s. 15(1), (2) and (5)
s. 18A	s. 18B(1), (2), (3) and (4)

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Act 1998 amended

s. 18C(1), (2) and (3)	s. 18D(b)
s. 18F	s. 18G(1), (2), (3) and (4)
s. 18H(1), (2) and (3)	s. 18I(b)
s. 18K	s. 18L(1), (2), (3), (4) and (5)
s. 18M(1), (2) and (3)	s. 18N(b)
s. 18O(1)	s. 36A(1)(b), (3) and (5)
s. 36B	s. 36C
s. 36K	s. 36L(1) and (2)
s. 36N	s. 36P(2)(b)
s. 36S(1)	s. 36T(3)
s. 36V	s. 36W(1)(a)
s. 36X(1)	s. 36Y(1) and (4)
s. 36Z(1), (2) and (3)(b)	s. 36ZC(1) and (2)
s. 36ZI def. of *leviable land*	s. 36ZJ(1), (2) and (3)

s. 36ZL(1) and (2)(b)

Note:

The headings to the amended sections listed in the Table are to read

as set out in the Table.

Table

Amended section

Section heading

s. 12	Powers of FES Commissioner
s. 18A	Functions of FES Commissioner

18B

Powers of FES Commissioner

Fire and Emergency Services Legislation Amendment Act 2012

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Part 2

Act 1998 amended

s. 44

Amended section

Section heading

s. 18F	Functions of FES Commissioner
s. 18G	Powers of FES Commissioner
s. 18K	Functions of FES Commissioner
s. 18L	Powers of FES Commissioner
s. 36A	Annual estimates of expenditure by local governments and payments by FES Commissioner
s. 36B	Annual levy payable to FES Commissioner on land in an ESL category area
s. 36K	FES Commissioner to ensure local governments have information
s. 36V	Local government to pay levy and other amounts to FES Commissioner
s. 36X	Interest payable on amounts not paid by due date to FES Commissioner
s. 36ZJ	FES Commissioner may enter into agreements with local governments

44. Various references to “FESA” amended

In the provisions listed in the Table delete “FESA” (each

occurrence) and insert:

FES

Table

s. 13(2)(b) and (c) and (4)	s. 15(2)(d)
s. 18K	s. 18L(2) and (3)
s. 18M(1), (2) and (3)	s. 18N
s. 18O(1) and (2)	s. 37(1a)(e)
s. 38A(2)(a) and (3)	s. 38C(d)

Fire and Emergency Services Legislation Amendment Act 2012

Part 2

Fire and Emergency Services Authority of Western Australia

Act 1998 amended

s. 44

Note:

The headings to the amended sections listed in the Table are to read

as set out in the Table.

Table

Amended section

Section heading

s. 18M	Approval of FES Units
s. 18N	Register of members of FES Units

18O

Functions of FES Units

Fire and Emergency Services Legislation Amendment Act 2012

Bush Fires Act 1954 amended	Part 3
s. 45

Part 3 — Bush Fires Act 1954 amended

45. Act amended

This Part amends the Bush Fires Act 1954.

46. Section 7 amended

(1)

In section 7(1) delete the definitions of:

Authority

Chief Executive Officer

member of the Authority

the FESA Act

(2)

In section 7(1) insert in alphabetical order:

Department has the meaning given in the FES Act

section 3;

employed in the Department means employed or engaged in the Department in accordance with the FES Act section 20(1);

FES Act means the Fire and Emergency Services

Act 1998;

FES Commissioner has the meaning given in the

FES Act section 3;

(3)

In section 7(1) in the definition of restricted burning time

paragraph (b) delete “situated;” and insert:

situated.

Fire and Emergency Services Legislation Amendment Act 2012

Part 3	Bush Fires Act 1954 amended
s. 47

47. Section 10 amended

(1)

In section 10(1)(a), (b) and (e) delete “it” and insert:

the FES Commissioner

(2)

Delete section 10(2)(a).

Note:

The heading to amended section 10 is to read:

Powers of FES Commissioner

48. Section 12 replaced

Delete section 12 and insert:

12. Bush fire liaison officers

(1)	In this section —
*departmental officer* means a person employed in the Department;
*designation* means a designation under subsection (2).
(2)	The FES Commissioner may designate a departmental officer to be a bush fire liaison officer.
(3)	There are to be as many bush fire liaison officers as are necessary to perform the functions conferred on bush fire liaison officers by this Act or any other written law.
(4)	A person ceases to be a bush fire liaison officer if the designation of the person is revoked or ceases to have effect.
(5)	The power to make a designation includes —

(a)	the power to revoke a designation previously made; and

Fire and Emergency Services Legislation Amendment Act 2012

Bush Fires Act 1954 amended	Part 3
s. 49

(b)	the power to designate a person to perform functions of another person who has that designation when it is impractical for that other person to perform the functions.

(6)

A designation ceases to have effect if the person

designated ceases to be a departmental officer.

(7)

These are to be in writing —

(a) a designation;

(b)	a revocation of a designation.

49. Section 14B amended

(1)

In section 14B(2) after “authorised person” insert:

or a member of the Police Force

(2)

In section 14B(4) delete “officer” and insert:

officer, a member of the Police Force

Note:

The heading to amended section 14B is to read:

Powers of authorised persons and police officers during

authorised periods

50. Section 14 amended

In section 14(1):

(a)

delete “A member of the Authority, an officer who is authorised by the Authority” and insert:

A person employed in the Department who is authorised

by the FES Commissioner

Fire and Emergency Services Legislation Amendment Act 2012

Part 3	Bush Fires Act 1954 amended
s. 51

(b)	after “control officer,” insert:

designated or

Note:	The heading to amended section 14 is to read:
Certain persons may enter land or building for purposes of Act

51. Section 17 amended

(1)	In section 17(4) delete “it thinks” (each occurrence) and insert:
the FES Commissioner thinks
(2)	In section 17(5) delete “appointed by it” and insert:
employed in the Department

52. Section 22C amended

In section 22C(1):

(a)	delete “Chief Executive Officer that,” and insert:

FES Commissioner that,

(b)	delete “Chief Executive Officer,” and insert:

FES Commissioner,

Fire and Emergency Services Legislation Amendment Act 2012

Bush Fires Act 1954 amended	Part 3
s. 53

53. Section 24B amended

In section 24B(1) delete “An officer of the Authority authorised

by the Authority” and insert:

A person employed in the Department authorised by the FES

Commissioner

54. Section 24E amended

In section 24E(2) delete “Chief Executive Officer” and insert:

FES Commissioner

55. Section 24G amended

In section 24G(1) delete “Chief Executive Officer” and insert:

FES Commissioner

56. Section 25A amended

In section 25A(1):

(a)	delete “Chief Executive Officer that,” and insert:

FES Commissioner that,

(b)	delete “Chief Executive Officer,” and insert:

FES Commissioner,

Fire and Emergency Services Legislation Amendment Act 2012

Part 3	Bush Fires Act 1954 amended
s. 57

57. Section 27B amended

(1)	In section 27B(1) delete “member, employee or agent, of the Authority, or” and insert:
person employed in the Department, an agent of the FES Commissioner or an employee or agent
(2)	In section 27B(2) delete “authority,” and insert:
FES Commissioner, local government,

58. Section 28 amended

(1)	In section 28(4) delete “Authority,” and insert:
State,
(2)	In section 28(5) delete “Authority,” and insert:
FES Commissioner (on behalf of the State),

59. Section 35 amended

(1)

In section 35(2) delete “Authority may by its servants or agents”

and insert:

FES Commissioner may authorise persons employed in the

Department or agents of the FES Commissioner to

Fire and Emergency Services Legislation Amendment Act 2012

Bush Fires Act 1954 amended	Part 3
s. 59

(2)	In section 35(3) delete “on it” and insert:
on the FES Commissioner
(3)	Delete section 35(3B) and insert:

(3B)

A certificate signed by the FES Commissioner is

evidence of the amount referred to in subsection (3),

and the FES Commissioner may recover the amount in

a court of competent jurisdiction as a debt due to the

State from the local government or from the owner or

occupier of the land in respect of which the notice has

been given, as the FES Commissioner may at the FES

Commissioner’s option elect.

(4)	In section 35(5) delete “it deems” and insert:
the FES Commissioner deems
(5)	In section 35(6):

(a)	delete “Authority” (first occurrence) and insert:

FES Commissioner

(b)	delete “Authority.” and insert:

State.

Note:	The heading to amended section 35 is to read:
Powers of FES Commissioner on default by local government

Fire and Emergency Services Legislation Amendment Act 2012

Part 3	Bush Fires Act 1954 amended
s. 60

60. Section 38 amended

In section 38(2D) delete “Authority may appoint a person who

is not a member of staff (as defined in the FESA Act)” and

insert:

FES Commissioner may appoint a person who is not employed

in the Department

61. Section 38A amended

(1)

In section 38A(1) delete “Authority may appoint a member of

staff (as defined in the FESA Act) to be” and insert:

FES Commissioner may designate a person employed in the

Department as

(2)

In section 38A(2) delete “appointed” and insert:

designated

(3)

In section 38A(3) and (4) delete “appointed under this section”

and insert:

designated under this section

Note:

The heading to amended section 38A is to read:

FES Commissioner may designate person employed in

Department as Chief Bush Fire Control Officer

Fire and Emergency Services Legislation Amendment Act 2012

Bush Fires Act 1954 amended	Part 3
s. 62

62. Section 39 amended

In section 39(1)(a) delete “Director of Operations” and insert:

FES Commissioner

63. Section 51 amended

In section 51(3) delete “FESA Act.” and insert:

FES Act.

64. Section 55 deleted

Delete section 55.

65. Section 56 amended

In section 56(1)(a) and (2):

(a)

delete “member of the Authority, an officer of the Authority,” and insert:

person employed in the Department for the purposes of

this Act,

(b)

after “appointed” insert:

or designated

Fire and Emergency Services Legislation Amendment Act 2012

Part 3	Bush Fires Act 1954 amended
s. 66

66. Section 57 amended

In section 57:

(a)

delete “member of the Authority, or an officer of the Authority,” and insert:

person employed in the Department for the purposes of

this Act,

(b)

after “appointed” insert:

or designated

67. Section 59 amended

In section 59(1) delete “member of the Authority, an officer of

the Authority,” and insert:

person employed in the Department for the purposes of this Act,

68. Section 65 amended

(1)	In section 65(1):

(a)

delete paragraph (a);

(b)

in paragraph (c) delete “appointment of an officer of the Authority or” and insert:

designation or appointment of a person employed in the

Department or of an officer

Fire and Emergency Services Legislation Amendment Act 2012

Bush Fires Act 1954 amended	Part 3
s. 69

(2)	In section 65(2):

(a)	in paragraph (b) delete “under the seal of the Authority;” and insert:

by the FES Commissioner; or

(b)	in paragraph (c) after “appointment” insert:

or designation

(c)	in paragraph (c) delete “Chief Executive Officer; or” and insert:

FES Commissioner; or

(d)	after “due appointment” insert:

or designation

(3)	In section 65(2) after paragraph (a) insert:
or

69. Various references to “Authority” amended

In the provisions listed in the Table delete “Authority” (each

occurrence) and insert:

FES Commissioner

Fire and Emergency Services Legislation Amendment Act 2012

Part 3	Bush Fires Act 1954 amended
s. 69

Table

s. 7(1) def. of *restricted burning*	s. 10(1) and (2)
*times*
s. 13(1), (2), (4) and (5)	s. 14B def. of *authorisation*
s. 14C(3)	s. 17(4), (5), (6), (8)(a)(ii) and (b) and (9)
s. 18(2) and (4a)	s. 27B(2)
s. 27C(1) and (2)	s. 34(1a)
s. 35(1), (3), (4) and (5)	s. 38(2C), (2E), (6), (7) and (13)
s. 38A(4)(b)	s. 41(2a)
s. 45A(2)(a)(i)	s. 45(7)(a)
s. 50(2)(b)	s. 54
s. 58(3A)

Note:	The heading to amended section 18 is to read:
Restricted burning times may be declared by FES Commissioner

Fire and Emergency Services Legislation Amendment Act 2012

Fire Brigades Act 1942 amended	Part 4
s. 70

Part 4 — Fire Brigades Act 1942 amended

70. Act amended

This Part amends the Fire Brigades Act 1942.

71. Section 4 amended

(1)

In section 4(1) delete the definitions of:

Authority

Chief Executive Officer

Director

member of the Authority

the FESA Act

(2)

In section 4(1) insert in alphabetical order:

Department has the meaning given in the FES Act

section 3;

employed in the Department means employed or

engaged in the Department in accordance with the FES

Act section 20(1);

FES Act means the Fire and Emergency Services

Act 1998;

FES Commissioner has the meaning given in the FES

Act section 3;

property of the Department means property vested in

the Minister that is under the control of the FES

Commissioner;

(3)	Delete section 4(2).

Fire and Emergency Services Legislation Amendment Act 2012

Part 4	Fire Brigades Act 1942 amended
s. 72

72. Part VI heading amended

In the heading to Part VI delete “Authority” and insert:

Minister and FES Commissioner

73. Section 24 amended

(1)	In section 24(1):

(a)	delete “Authority may purchase,” and insert:

Minister may, under the FES Act section 8, purchase,

(b)	delete “Authority may think” and insert:

Minister may think

(c)	delete “to time” insert:

to time, under that section,

(d)	delete “in the Authority” and insert:

in the Minister

(2)	In section 24(2):

(a)	delete “Authority” (first occurrence) and insert:

Minister

Fire and Emergency Services Legislation Amendment Act 2012

Fire Brigades Act 1942 amended	Part 4
s. 73

(b)	delete “Authority” (second occurrence) and insert:

Department

(c)	delete “Authority.” and insert:

Department.

(3)	In section 24(3):

(a)

delete “Authority, or a body corporate to which the Authority is” and insert:

Minister or the former Authority, or a body corporate to

which the former Authority was

(b)

delete “Authority” (last occurrence) and insert:

Minister

(4)

After section 24(3) insert:

(4)	In subsection (3) —

former Authority means the Fire and Emergency

Services Authority of Western Australia established by

the FES Act section 4, as in force immediately before

the commencement of the Fire and Emergency

Services Legislation Amendment Act 2012 section 7.

Fire and Emergency Services Legislation Amendment Act 2012

Part 4	Fire Brigades Act 1942 amended
s. 74

74. Section 25 amended

In section 25(e) delete “it” and insert:

the FES Commissioner

75. Section 26A amended

(1)

In section 26A(1) delete “its functions under this Act the

Authority” and insert:

the FES Commissioner’s functions under this Act the FES

Commissioner

(2)

In section 26A(2):

(a)	delete “Authority” (first occurrence) and insert:

FES Commissioner

(b)

delete paragraph (c) and insert:

(c)

in paragraph (f) delete “Authority” (each occurrence) and insert:

utilise the apparatus, plant and other property of in the Department to promote public awareness of the functions of the FES Commissioner under this Act or to enhance the Department’s public image; and

(c)

FES Commissioner

Fire and Emergency Services Legislation Amendment Act 2012

Fire Brigades Act 1942 amended	Part 4
s. 76

(d)	in paragraph (h) delete “by the Authority” and insert:

in the Department

(e)	in paragraph (h) delete “Authority;” and insert:

FES Commissioner; and

(f)	in paragraph (i) delete “its functions;” and insert:

the FES Commissioner’s functions; and

(g)	in paragraph (k) delete “on it” and insert:

on the FES Commissioner

(3)

In section 26A(2) after each of paragraphs (a), (b), (d), (f)

and (g) insert:

and

Note:

The heading to amended section 26A is to read:

Further powers of FES Commissioner

76. Part VII heading amended

In the heading to Part VII delete “other employees” and

insert:

others

Fire and Emergency Services Legislation Amendment Act 2012

Part 4	Fire Brigades Act 1942 amended
s. 77

77. Section 29 deleted

Delete section 29.

78. Section 31 replaced

Delete section 31 and insert:

31. Brigades are under control of FES Commissioner

Every brigade and all the officers and members of a brigade are under the immediate order and control of the FES Commissioner.

79. Section 33 amended

In section 33(1):

(a)	delete the passage that begins with “The Director” and ends with “to say —” and insert:
The FES Commissioner, or a person employed in the Department who is authorised by the FES Commissioner for the purposes of this section, is to perform or exercise, in addition to any other duties, the following general duties and powers —
(b)	in paragraph (c) delete “and report to the Authority” and insert:
and, in the case of a person other than the FES Commissioner, report to the FES Commissioner
(c)	in paragraph (d) delete “Authority” and insert:

Department

Fire and Emergency Services Legislation Amendment Act 2012

Fire Brigades Act 1942 amended	Part 4
s. 80

(d)

delete paragraph (g) and insert:

(g)	in the case of a person other than the FES Commissioner, the person is to make any inquiries and reports as directed by the FES

Commissioner.

Note:

The heading to amended section 33 is to read:

General duties and powers of FES Commissioner and authorised

persons

80. Section 33A amended

(1)	In section 33A(1):

(a)

delete “Director or an officer of the Authority authorised by the Authority in that behalf ” and insert:

FES Commissioner, or a person employed in the

Department who is authorised by the FES

Commissioner for the purposes of this section,

(b)

in paragraph (b) delete “Director or officer” and insert:

FES Commissioner or person

(2)

In section 33A(3), (4), (5), (6), (9), (11) and (14)(a) and (c)

delete “Director” (each occurrence) and insert:

FES Commissioner

Fire and Emergency Services Legislation Amendment Act 2012

Part 4	Fire Brigades Act 1942 amended
s. 81

(3)

In section 33A(15) in the definition of authorised officer delete

“an officer of the Authority authorised by the Authority” and

insert:

a person employed in the Department who is authorised by the

FES Commissioner

(4)

In section 33A(15) in the definition of presumed occupier

delete “Director” and insert:

FES Commissioner

Note:

The heading to amended section 33A is to read:

Duties and powers of FES Commissioner and authorised officers

in relation to public buildings

81. Section 34 amended

In section 34:

(a)	delete “Director or, in his absence” and insert:

FES Commissioner or

(b)

delete “an officer of the Authority authorised by the Authority in that behalf,” and insert:

a person employed in the Department who is authorised

by the FES Commissioner for the purposes of this

section,

Note:	The heading to amended section 34 is to read:
Duties and powers of FES Commissioner and others at fires

Fire and Emergency Services Legislation Amendment Act 2012

Fire Brigades Act 1942 amended	Part 4
s. 82

82. Section 34A amended

(1)

Delete section 34A(3) and insert:

(3)	An authorised officer other than the FES Commissioner must not specify a period of more than 3 hours under subsection (1)(a) or (b) unless the FES Commissioner has given written authorisation for a longer period to be specified in relation to the person exposed to the hazardous material.

(2)

Delete section 34A(10) and insert:

(10)	In this section —
*authorised officer*, in relation to a hazardous material incident, means the FES Commissioner or the officer or any member of the brigade who for the time being is
in charge.

83. Section 35 amended

In section 35(2):

(a)	in paragraph (d) delete “employees,” and insert:

persons employed or engaged for the purposes of this Act in accordance with the FES Act section 20(1)(b) or (c),

(b)	in paragraph (d) delete “employees;” and insert:

persons;

Fire and Emergency Services Legislation Amendment Act 2012

Part 4	Fire Brigades Act 1942 amended
s. 84

(c)	in paragraph (e) delete “employees;” and insert:

persons employed or engaged for the purposes of this Act in accordance with the FES Act section 20(1)(b) or (c);

(d)	in paragraph (g) delete “employees of the Authority” and insert:

persons employed or engaged for the purposes of this Act in accordance with the FES Act section 20(1)(b) or (c)

(e)	after paragraph (x) delete “and”.

84. Section 47A deleted

Delete section 47A.

85. Section 49 amended

In section 49 delete “member or officer of the Authority.” and

insert:

person employed in the Department who is authorised by the

FES Commissioner for the purposes of this section.

86. Section 51 amended

In section 51:

(a)	delete “Director certifying” and insert:

FES Commissioner being satisfied

Fire and Emergency Services Legislation Amendment Act 2012

Fire Brigades Act 1942 amended	Part 4
s. 87

(b)	delete “Authority may, in its discretion,” and insert:

FES Commissioner may, in his or her discretion,

(c)	delete “Authority thinks” and insert:

FES Commissioner thinks

(d)	delete “Authority may by resolution” and insert:

FES Commissioner may

87. Section 52 amended

(1)	In section 52(1) delete “regulations, the Authority” and insert:
the regulations, the FES Commissioner
(2)	In section 52(2) delete “in that behalf by the Authority” and insert:
under subsection (1) by the FES Commissioner

88. Section 54 amended

(1)	In section 54(4):

(a)	delete “On and after the proclaimed day, the Authority” and insert:

The FES Commissioner

Fire and Emergency Services Legislation Amendment Act 2012

Part 4	Fire Brigades Act 1942 amended
s. 88

(b)	delete “Authority” (second occurrence) and insert:

FES Commissioner

(2)

In section 54(5) delete “Authority” (first and second

occurrences) and insert:

FES Commissioner

(3)

In section 54(9):

(a)	delete “Authority” (first occurrence) and insert:

FES Commissioner

(b)	delete “Authority” (second occurrence) and insert:

State

(4)	In section 54(10):

(a)	delete “shall vest in the Authority” and insert:

vests, or is to be taken to have vested, in the Minister

(b)	in the Table item 3 Column 1 delete “Authority.” and insert:

FES Commissioner.

Fire and Emergency Services Legislation Amendment Act 2012

Fire Brigades Act 1942 amended	Part 4
s. 89

89. Section 58 amended

In section 58 delete “Director” (each occurrence) and insert:

FES Commissioner

Note:

The heading to amended section 58 is to read:

Police and others to aid FES Commissioner

90. Section 59 amended

In section 59(b) delete “Authority;” and insert:

Department;

91. Section 66 amended

In section 66:

(a)	delete “by the Authority” and insert:

in the Department for the purposes of this Act

(b)	delete “belonging to the Authority,” and insert:

of the Department,

(c)	delete “Authority” (third, fourth and fifth occurrences) and insert:

FES Commissioner

Fire and Emergency Services Legislation Amendment Act 2012

Part 4	Fire Brigades Act 1942 amended
s. 92

92. Section 67 amended

(1)	Delete section 67(1) and insert:

(1A)	In this section —
*authorised officer* means —

(a) the FES Commissioner; or

(b)	a person employed in the Department, or an agent of the FES Commissioner, who is authorised in writing by the FES Commissioner for the purposes of this section.

(1)	An authorised officer may enter, and, if necessary, break into any place where any property of the Department is detained contrary to the order of the FES Commissioner, and may remove that property.

(2)

In section 67(2) delete “the Director or any such officer,

employee, or agent” and insert:

an authorised officer

Note:

The heading to amended section 67 is to read:

Detention of property of the Department

93. Section 73 deleted

Delete section 73.

94. Various references to “Authority” amended

In the provisions listed in the Table delete “Authority” (each

occurrence) and insert:

FES Commissioner

Fire and Emergency Services Legislation Amendment Act 2012

Fire Brigades Act 1942 amended	Part 4
s. 94

Table

s. 4(1) def. of *permanent fire*	s. 25
*brigade, private fire brigade* and *volunteer fire brigade*
s. 25A(1) and (4)	s. 26
s. 27(1) and (2)	s. 30
s. 34(h)	s. 48
s. 50	s. 55
s. 56(b)	s. 57
s. 61

Note:

The headings to the amended sections listed in the Table are to read

as set out in the Table.

Table

Amended section

Section heading

s. 25	Functions of FES Commissioner
s. 25A	FES Commissioner may require certain fire fighting appliances
s. 27	FES Commissioner’s proposals to be submitted to local government
s. 48	FES Commissioner to furnish information to Commissioner of Public Health

Fire and Emergency Services Legislation Amendment Act 2012

Part 5

Fire and Emergency Services Superannuation Act 1985

amended

s. 95

Part 5 — Fire and Emergency Services Superannuation

Act 1985 amended

95. Act amended

This Part amends the Fire and Emergency Services

Superannuation Act 1985.

96. Long title amended

In the long title:

(a)

delete “Authority of Western Australia”;

(b)

before “Western Australian” insert:

Fire and Emergency Services Authority of Western

Australia and the

97. Section 3 amended

(1)

In section 3(1) delete the definitions of:

chief executive officer

eligible Authority employee

(2)

In section 3(1) insert in alphabetical order:

eligible FES employee means a firefighter, or a person

holding a prescribed office or of a prescribed class

employed in the department principally assisting in the

administration of the Fire and Emergency Services

Act 1998;

FES Commissioner has the same meaning as in the

Fire and Emergency Services Act 1998 section 3;

former Authority employee means a person to whom

section 5(4)(a) applied immediately before the coming

into operation of the Fire and Emergency Services

Legislation Amendment Act 2012 section 99(2);

Fire and Emergency Services Legislation Amendment Act 2012

Fire and Emergency Services Superannuation Act 1985

Part 5

amended

s. 98

(3)

In section 3(1) in the definition of Authority delete “Fire and

Emergency Services Authority of Western Australia Act 1998;”

and insert:

Fire and Emergency Services Act 1998, as in force immediately

before the coming into operation of the Fire and Emergency

Services Legislation Amendment Act 2012 section 7;

(4)

In section 3(1) in the definition of Fire Brigades Board delete

“Authority of Western Australia”.

98. Section 4 amended

(1)	In section 4(4)(a) delete “Authority; and” and insert:
FES Commissioner; and
(2)	In section 4(5) delete “Authority” and insert:
FES Commissioner

99. Section 5 amended

(1)	In section 5(2)(a) delete “chief executive officer” and insert:
FES Commissioner
(2)	In section 5(4):

(a)	in paragraph (a) delete “Authority employees;” and insert:

FES employees; and

Fire and Emergency Services Legislation Amendment Act 2012

Part 5

Fire and Emergency Services Superannuation Act 1985

amended

s. 100

(b)

after paragraph (c) insert:

(da)	former Authority employees; and

(c)

in paragraph (d) delete “(b) and (c).” and insert:

(b), (c) and (da).

(3)	In section 5(4) after paragraph (b) insert:
and

100. Section 6 amended

In section 6(3)(e) delete “Authority” and insert:

FES Commissioner

101. Section 17 amended

In section 17(4) delete “Authority” and insert:

FES Commissioner

102. Section 27 amended

In section 27(1) and (2) delete “chief executive officer” (each

occurrence) and insert:

FES Commissioner

Fire and Emergency Services Legislation Amendment Act 2012

Fire and Emergency Services Superannuation Act 1985

Part 5

amended

s. 103

103. Section 28 amended

In section 28(1) delete “chief executive officer” and insert:

FES Commissioner

104. Section 31 amended

In section 31 delete “Authority” (each occurrence) and insert:

FES Commissioner

Note:

The heading to amended section 31 is to read:

Assistance from FES Commissioner

105. Section 32 amended

In section 32(b) delete “chief executive officer” and insert:

FES Commissioner

106. Schedule 2 amended

(1)	In Schedule 2 clause 1 in the definition of *appointed member* delete “Authority” and insert:
FES Commissioner
(2)	In Schedule 2 clause 6(2) delete “Authority” and insert:
FES Commissioner

Fire and Emergency Services Legislation Amendment Act 2012

Part 5

Fire and Emergency Services Superannuation Act 1985

amended

s. 106

(3)	In Schedule 2 clause 7(2) and (3) delete “Authority” and insert:
FES Commissioner

Fire and Emergency Services Legislation Amendment Act 2012

Emergency Management Act 2005 amended	Part 6
s. 107

Part 6 — Emergency Management Act 2005 amended

107. Act amended

This Part amends the Emergency Management Act 2005.

108. Section 50 amended

(1)	Before section 50(1) insert:

(1A)	The State Emergency Coordinator may, in writing, declare that an emergency situation exists in an area of the State in respect of any hazard.

(2)	In section 50(2):

(a)	after “The” insert:

State Emergency Coordinator or the

(b)	delete “it is”.

(3)	In section 50(4) after “this section” insert:
the State Emergency Coordinator or
(4)	After section 50(4) insert:

(5A)	If a declaration under this section is made by the State Emergency Coordinator in respect of a hazard, the State Emergency Coordinator must notify the hazard management agency for emergency management of the hazard as soon as practicable after the declaration is made.

Fire and Emergency Services Legislation Amendment Act 2012

Part 6	Emergency Management Act 2005 amended
s. 109

(5)

In section 50(5) delete “The” and insert:

If a hazard management agency makes a declaration under this

section, the

(6)

After section 50(5) insert:

(6A)	If a hazard management agency is notified under subsection (5A) of a declaration under this section made by the State Emergency Coordinator, the hazard management agency —

(a)	must notify each district emergency coordinator and local emergency coordinator for a local government district to which the emergency situation declaration applies as soon as practicable after the notification is given; and
(b)	is taken to have made the declaration for the purposes of any provision of this Act other than this section.

(7)

In section 50(6) after “notify under subsection” insert:

(5A) or

Note:

The heading to amended section 50 is to read:

State Emergency Coordinator or hazard management agency may

make emergency situation declaration

109. Section 71 amended

In section 71(1) and (2) delete “the most senior police officer

present in the emergency area” and insert:

a police officer

Fire and Emergency Services Legislation Amendment Act 2012

Other Acts amended

Part 7

Constitution Acts Amendment Act 1899 amended

Division 1

s. 110

Part 7 — Other Acts amended

Division 1 — Constitution Acts Amendment Act 1899 amended

110. Act amended

This Division amends the Constitution Acts Amendment

Act 1899.

111. Schedule V amended

In Schedule V Part 3 delete the item relating to the Fire and

Emergency Services Authority of Western Australia.

Division 2 — Country Areas Water Supply Act 1947 amended

112. Act amended

This Division amends the Country Areas Water Supply

Act 1947.

113. Section 37 amended

(1)	In section 37(1) delete the definition of *Authority*.
(2)	In section 37(1) insert in alphabetical order:

FES Commissioner has the meaning given in the Fire

and Emergency Services Act 1998 section 3;

(3)

In section 37(3) and (7) delete “Authority” (each occurrence)

and insert:

FES Commissioner

Fire and Emergency Services Legislation Amendment Act 2012

Part 7	Other Acts amended
Division 2	Country Areas Water Supply Act 1947 amended
s. 113

(4)	In section 37(9) delete “Authority or the local government to whom the statement is rendered” and insert:
State or the local government, according to whether the statement is rendered to the FES Commissioner or the local government,
(5)	In section 37(10)(a) delete “Authority” and insert:
Minister responsible for the administration of the Fire and Emergency Services Act 1998
(6)	In section 37(11)(a) delete “Authority” and insert:
FES Commissioner
(7)	In section 37(15):

(a)	delete “Authority” (first occurrence) and insert:

Minister referred to in that subsection

(b)	delete “Authority” (second occurrence) and insert:

the FES Commissioner

(c)	delete “as the case may be, in which the property in the fire hydrant is vested” and insert:

according to whether the property in the fire hydrant is vested in the Minister referred to in subsection (10) or the local government,

Fire and Emergency Services Legislation Amendment Act 2012

Other Acts amended

Part 7

The Criminal Code amended

Division 3

s. 114

Division 3 — The Criminal Code amended

114. Act amended

This Division amends The Criminal Code.

115. Section 297 amended

In section 297(4)(d)(ii):

(a)	delete “FESA Unit” and insert:

FES Unit

(b)	delete “Authority of Western Australia”.

116. Section 318 amended

In section 318(1)(h)(ii):

(a)	delete “FESA Unit,” and insert:

FES Unit,

(b)	delete “Authority of Western Australia”.

Division 4 — Dangerous Goods Safety Act 2004 amended

117. Act amended

This Division amends the Dangerous Goods Safety Act 2004.

118. Section 40 amended

In section 40(1) in the definition of unauthorised person paragraph (a) delete “of the Fire and Emergency Services Authority of Western Australia; or” and insert:

in the department of the Public Service that principally assists

the Minister with the administration of the Fire and Emergency

Services Act 1998; or

Fire and Emergency Services Legislation Amendment Act 2012

Part 7	Other Acts amended
Division 5	Emergency Services Levy Act 2002 amended
s. 119

Division 5 — Emergency Services Levy Act 2002 amended

119. Act amended

This Division amends the Emergency Services Levy Act 2002.

120. Long title amended

In the long title delete “Authority of Western Australia”.

121. Section 3 amended

In section 3 delete “Authority of Western Australia”.

Division 6 — Environmental Protection Act 1986 amended

122. Act amended

This Division amends the Environmental Protection Act 1986.

123. Schedule 6 amended

In Schedule 6 item 12 delete “Fire and Emergency Services

Authority of Western Australia established under the Fire and

Emergency Services Authority of Western Australia Act 1998.” and

insert:

FES Commissioner as defined in the Fire and Emergency Services

Act 1998 section 3.

Division 7 — Financial Management Act 2006 amended

124. Act amended

This Division amends the Financial Management Act 2006.

125. Schedule 1 amended

In Schedule 1 delete “Fire and Emergency Services Authority of

Western Australia”.

Fire and Emergency Services Legislation Amendment Act 2012

Other Acts amended

Part 7

Litter Act 1979 amended

Division 8

s. 126

Division 8 — Litter Act 1979 amended

126. Act amended

This Division amends the Litter Act 1979.

127. Third Schedule amended

In the Third Schedule in column 2 delete “Fire and Emergency

Services Authority of Western Australia” and insert:

The FES Commissioner as

defined in the Fire and

Emergency Services

Act 1998 section 3

Division 9 — Metropolitan Water Supply, Sewerage, and

Drainage Act 1909 amended

128. Act amended

This Division amends the Metropolitan Water Supply,

Sewerage, and Drainage Act 1909.

129. Section 45 amended

(1)	In section 45(1) delete the definition of *Authority*.
(2)	In section 45(1) insert in alphabetical order:

FES Commissioner has the meaning given in the Fire

and Emergency Services Act 1998 section 3;

(3)

In section 45(3) and (7) delete “Authority” (each occurrence)

and insert:

FES Commissioner

Fire and Emergency Services Legislation Amendment Act 2012

Part 7	Other Acts amended
Division 10	Pay-roll Tax Assessment Act 2002 amended
s. 130

(4)	In section 45(9) delete “Authority or the local government to whom the statement is rendered” and insert:
State or the local government, according to whether the statement is rendered to the FES Commissioner or the local government,
(5)	In section 45(10)(a) delete “Authority” and insert:
Minister responsible for the administration of the Fire and Emergency Services Act 1998
(6)	In section 45(11)(a) delete “Authority” and insert:
FES Commissioner

Division 10 — Pay-roll Tax Assessment Act 2002 amended

130. Act amended

This Division amends the Pay-roll Tax Assessment Act 2002.

131. Section 40 amended

In section 40(2)(p)(i):

(a)	delete “FESA Unit,” and insert:

FES Unit,

(b)	delete “Authority of Western Australia”.

Fire and Emergency Services Legislation Amendment Act 2012

Other Acts amended

Part 7

Public Sector Management Act 1994 amended

Division 11

s. 132

Division 11 — Public Sector Management Act 1994 amended

132. Act amended

This Division amends the Public Sector Management Act 1994.

133. Schedule 2 amended

Delete Schedule 2 item 10A.

Division 12 — Rates and Charges (Rebates and Deferments)

Act 1992 amended

134. Act amended

This Division amends the Rates and Charges (Rebates and

Deferments) Act 1992.

135. Section 3 amended

(1)

In section 3(1) in the definition of emergency services levy

delete “Authority of Western Australia”.

(2)

In section 3(1a) delete “Authority of Western Australia”.

136. Section 17 amended

(1)

In section 17(1b) delete “Fire and Emergency Services

Authority of Western Australia established by section 4 of the

Fire and Emergency Services Authority of Western Australia

Act 1998.” and insert:

FES Commissioner as defined in the Fire and Emergency

Services Act 1998 section 3.

(2)

In section 17(1c) delete “Authority of Western Australia”.

Fire and Emergency Services Legislation Amendment Act 2012

Part 7	Other Acts amended
Division 13	Road Traffic Act 1974 amended
s. 137

Division 13 — Road Traffic Act 1974 amended

137. Act amended

This Division amends the Road Traffic Act 1974.

138. Section 64A amended

In section 64A(4A)(b) delete “Authority of Western Australia”.

139. Section 64AAA amended

In section 64AAA(2A)(b) delete “Authority of Western

Australia”.

Division 14 — Sentencing Act 1995 amended

140. Act amended

This Division amends the Sentencing Act 1995.

141. Schedule 1 amended

In Schedule 1 delete the item relating to the Bush Fires

Act 1954.

Division 15 — Swan and Canning Rivers Management

Act 2006 amended

142. Act amended

This Division amends the Swan and Canning Rivers

Management Act 2006.

143. Schedule 5 amended

(1)	In Schedule 5 item 1(f) delete “Authority of Western Australia”.
(2)	Delete Schedule 5 item 6.

Fire and Emergency Services Legislation Amendment Act 2012

Other Acts amended

Part 7

Volunteers and Food and Other Donors (Protection from

Division 16

Liability) Act 2002 amended

s. 144

Division 16 — Volunteers and Food and Other Donors

(Protection from Liability) Act 2002 amended

144. Act amended

This Division amends the Volunteers and Food and Other

Donors (Protection from Liability) Act 2002.

145. Section 4 amended

In section 4(1) in the definition of volunteer paragraph (a)

delete “Authority of Western Australia”.

Division 17 — Water Boards Act 1904 amended

146. Act amended

This Division amends the Water Boards Act 1904.

147. Section 63 amended

(1)	In section 63(1) delete the definition of *Authority*.
(2)	In section 63(1) insert in alphabetical order:

FES Commissioner has the meaning given in the Fire

and Emergency Services Act 1998 section 3;

(3)	In section 63(3) and (7) delete “Authority” (each occurrence) and insert:
FES Commissioner
(4)	In section 63(9) delete “Authority or the local government to whom the statement is rendered” and insert:
State or the local government, according to whether the statement is rendered to the FES Commissioner or the local government,

Fire and Emergency Services Legislation Amendment Act 2012

Part 7	Other Acts amended
Division 17	Water Boards Act 1904 amended
s. 147

(5)	In section 63(10)(a) delete “Authority” and insert:
Minister responsible for the administration of the Fire and Emergency Services Act 1998
(6)	In section 63(11)(a) delete “Authority” and insert:
FES Commissioner
(7)	In section 63(15):

(a)	delete “Authority” (first occurrence) and insert:

Minister referred to in that subsection

(b)	delete “Authority” (second occurrence) and insert:

FES Commissioner

(c)	delete “as the case may be, in which the property in the fire hydrant is vested” and insert:

according to whether the property in the fire hydrant is vested in the Minister referred to in subsection (10) or the local government,

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property name.