Fire Brigade (Administration) Regulations 1980 (ACT)

Case

Fire Brigade (Administration) Regulations 1980 (repealed)   

SL1980-12

made under the

Fire Brigade (Administration) Act 1974

Republication No 3

Effective:  1 July 2004

Republication date: 1 July 2004

As repealed by A2004-28 s 203

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Fire Brigade (Administration) Regulations 1980 (repealed), made under the Fire Brigade (Administration) Act 1974, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 July 2004. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

    Penalties

    The value of a penalty unit for an offence against this republished law at the republication date is—

    (a)if the person charged is an individual—$100; or

    (b)if the person charged is a corporation—$500.

    Fire Brigade (Administration) Regulations 1980 (repealed)

    made under the

    Fire Brigade (Administration) Act 1974

    Contents

    Page

    1. Name of regulations  2

    2. Meaning of long service leave benefits  2

    3. Long service leave benefits for certain persons  2

    4. Calculation of long service leave benefits due to certain persons           2

    Endnotes

    1. About the endnotes  4

    2. Abbreviation key  4

    3. Legislation history  5

    4. Amendment history  6

    5. Earlier republications  7

    Fire Brigade (Administration) Regulations 1980 (repealed)

    made under the

    Fire Brigade (Administration) Act 1974

    1. Name of regulations

      These regulations are the Fire Brigade (Administration) Regulations 1980.

    2. Meaning of long service leave benefits

      In these regulations:

      NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).

      long service leave benefits means benefits of the kind provided under the Commonwealth Employees’ Furlough Act 1943 or the Long Service Leave (Commonwealth Employees) Act 1976, sections 16 and 17.

    3. Long service leave benefits for certain persons

      Subject to regulation 4, for the Act, section 16, the prescribed terms and conditions of employment of a person who became a member before 26 May 1978 (being terms and conditions relating to long service leave benefits) are, in relation to service on or after 25 November 1974, the terms and conditions specified in—

      (a)the Fire Brigade Employees (A.C.T.) Award 1975, clause 22 made by the Australian Conciliation and Arbitration Commission, being Award No C321 of 1975; or

      (b)the Long Service Leave (Commonwealth Employees) Act 1976 (Cwlth);

      whichever provides the greater long service leave benefits for the person.

    4. Calculation of long service leave benefits due to certain persons

      For the purpose of calculating the long service leave benefits due under regulation 3 (a) to a person who became a member before 26 May 1978 and who had, immediately before becoming a member, been employed by the Board of Fire Commissioners of New South Wales—

      (a)a period of service that that board would have been required to take into account in calculating the long service leave benefits that would have been due by that board to the person immediately before the person became a member shall be deemed to have been a period of service of the person with the brigade, whether or not the period of service would, of itself, have entitled the person to the provision of long service leave benefits by that board; and

      (b)long service leave benefits enjoyed by the person in relation to a period of service referred to in paragraph (a) shall be deemed to have been enjoyed by the person in relation to service with the brigade.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    am = amended ord = ordinance
    amdt = amendment orig = original
    ch = chapter par = paragraph/subparagraph
    cl = clause pres = present
    def = definition prev = previous
    dict = dictionary (prev...) = previously
    disallowed = disallowed by the Legislative pt = part
    Assembly r = rule/subrule
    div = division reg = regulation/subregulation
    exp = expires/expired renum = renumbered
    Gaz = Gazette reloc = relocated
    hdg = heading R[X] = Republication No
    IA = Interpretation Act 1967 RI = reissue
    ins = inserted/added s = section/subsection
    LA = Legislation Act 2001 sch = schedule
    LR = legislation register sdiv = subdivision
    LRA = Legislation (Republication) Act 1996 sub = substituted
    mod = modified/modification SL = Subordinate Law
    o = order underlining = whole or part not commenced
    om = omitted/repealed or to be expired
    1. Legislation history

      These regulations were originally called the Fire Brigade (Administration) Regulations and were originally made under a Commonwealth ordinance—the Fire Brigade (Administration) Ordinance 1974 No 52 (Cwlth).

      The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT, and the regulations made under them, into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. The Fire Brigade (Administration) Ordinance 1974 and the Fire Brigade (Administration) Regulations were converted into ACT enactments on 11 May 1989 (self-government day).

      As with most ordinances in force in the ACT, the name of the ordinance was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

      These regulations were renamed as the Fire Brigade (Administration) Regulations 1980 under the Legislation Act 2001.

      Before 12 September 2001, regulations commenced on their notification day unless otherwise stated (see Interpretation Act 1967 s 50, Subordinate Laws Act 1989 s 6).

      Legislation before becoming Territory enactment

      Fire Brigade (Administration) Regulations 1980 No 12

      notified 21 August 1980
      commenced 21 August 1980

      Legislation after becoming Territory enactment

      as amended by

      Fire Brigade (Administration) Regulations (Amendment) 1993 No 1

      notified 15 January 1993
      commenced 15 January 1993

      Legislation (Consequential Amendments) Act 2001 No 44 pt 153

      notified 26 July 2001 (Gaz 2001 No 30)
      s 1, s 2 commenced 26 July 2001 (IA s 10B)
      pt 153 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

      as repealed by

      Emergencies Act 2004 A2004-28 s 203

      notified LR 29 June 2004
      s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
      s 203 commenced 1 July 2004 (s 2 (1) and CN2004-11)

    2. Amendment history

      Name of regulations

      reg 1 hdgam R2 LA

      reg 1am R2 LA

      Meaning of long service leave benefits

      reg 2def the Act om Act 2001 No 44 amdt 1.1724

      Long service leave benefits for certain persons

      reg 3orig reg 3 om Act 2001 No 44 amdt 1.1725

      (prev reg 5) renum Act 2001 No 44 amdt 1.1726

      Calculation of long service leave benefits due to certain persons

      reg 4orig reg 4 om Act 2001 No 44 amdt 1.1725

      (prev reg 6) renum Act 2001 No 44 amdt 1.1726

      Long service leave benefits for certain persons

      reg 5renum as reg 3

      Calculation of long service leave benefits due to certain persons

      reg 6renum as reg 4

      Confirmation of appointment as fourth class fireman

      reg 7om 1993 No 1 s 3

      Promotion to third class fireman

      reg 8om 1993 No 1 s 3

      Promotion to second class fireman

      reg 9om 1993 No 1 s 3

      Promotion to first class fireman grade B

      reg 10om 1993 No 1 s 3

      Promotion to first class fireman grade A

      reg 11om 1993 No 1 s 3

      Promotion to senior fireman

      reg 12om 1993 No 1 s 3

      Promotion to station officer

      reg 13om 1993 No 1 s 3

      Promotion to district officer

      reg 14om 1993 No 1 s 3

      Consequence of failing certain examinations

      reg 15om 1993 No 1 s 3

      Satisfactory conduct and service

      reg 16om 1993 No 1 s 3

      Seniority in relation to promotions

      reg 17om 1993 No 1 s 3

      Syllabus for examinations

      reg 18om 1993 No 1 s 3

      Acting appointments

      reg 19om 1993 No 1 s 3

    3. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical.

    Republication No

    Amendments to

    Republication date

    1 SL 1993 No 1 15 January 1993
    2 A2001-44 1 August 2002

    ©  Australian Capital Territory 2004

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