Fire Brigade Regulations 1958 (ACT)

Fire Brigade Regulations 1958 (repealed)   

SL1958-1

made under the

Fire Brigade Act 1957

Republication No 4

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As repealed by A2004-28 s 203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This is a republication of the Fire Brigade Regulations 1958 (repealed), made under the Fire Brigade Act 1957, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any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 Regulations 1958 (repealed)

made under the

Fire Brigade Act 1957

Contents

Page

1. Name of regulations  2

2. Definitions for regulations  2

3. Minister or authorised person may direct installation of fire appliances     3

4. Attendance of brigade members at public meetings etc  4

5. Chief officer to fix fees for approved services rendered by brigade          4

6. Chief officer may give directions in emergency  5

Endnotes

1. About the endnotes  6

2. Abbreviation key  6

3. Legislation history  7

4. Amendment history  8

5. Earlier republications  9

Fire Brigade Regulations 1958 (repealed)

made under the

Fire Brigade Act 1957

1. Name of regulations

   These regulations are the Fire Brigade Regulations 1958.

2. Definitions for regulations

   In these regulations:

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

   boarding-house—see the Public Health (Boarding-houses) Regulations.

   commercial building means a building that is used (or, being unoccupied, is normally used) for trade, business, commercial or industrial purposes, and includes a hospital, a school, a theatre, a public hall, a hotel, a hostel, a boarding house and a residential flat building.

   public entertainment means an exhibition, lecture, amusement, game or sport admission to which may be procured by payment of money, or by any other means, as the price or condition of admission.

   public hall means a room or building of a permanent character where public entertainments or public meetings are or may be held, and includes any building or premises used in connection with any such room or building.

   public meeting means an assemblage of persons for a public purpose of a political, religious, charitable or intellectual nature, whether or not a charge is made for admission, but does not include an assemblage of persons for religious worship only.

   residential flat building means a building containing 1 or more flats, but does not include a row of 2 or more dwellings attached to each other that are commonly known as semidetached or terrace buildings.

   theatre means a theatre constructed or used for the presentation of any entertainment on the stage or for the showing of cinematograph pictures, and includes any building or premises used in connection with the theatre.

3. Minister or authorised person may direct installation of fire appliances

   (1)The Minister may direct the owner of a commercial building to provide or install in the building the fire appliance stated in the direction.

   (2)The chief officer, or a person authorised in writing by the chief officer to make inspections under this regulation, may enter a building—

   (a)to work out whether a direction under this regulation has been complied with; or

   (b)to inspect fire appliances provided or installed in the building under a direction under this regulation.

   (3)A person commits an offence if—

   (a)the person knows that, or is reckless about the fact that, someone else is the chief officer or a person authorised in writing by the chief officer to make inspections under this regulation; and

   (b)the person obstructs, hinders, intimidates or resists the other person in the exercise of the person’s functions under subsection (2).

   Maximum penalty:  10 penalty units.

   (4)Strict liability applies to subregulation (3) (b).

4. Attendance of brigade members at public meetings etc

   (1)If—

   (a)scenery is used in a stage presentation at a public entertainment or public meeting; or

   (b)the nature of, or the decorations, appliances or lighting used at, a public entertainment or public meeting are or is such as, in the opinion of the chief officer, to require the attendance at the entertainment or meeting of members of the brigade,

   1 or more members of the brigade, as directed by the chief officer, shall be in attendance during the whole of the entertainment or meeting.

   (2)A fee at the rate of $4 per hour shall be charged for the attendance of each member.

   (3)A fee charged under subregulation (2) is payable—

   (a)if the public entertainment is given, or the public meeting is held, in a theatre or public hall—by the owner of the theatre or public hall; or

   (b)in any other case—by the organiser of the entertainment or meeting.

5. Chief officer to fix fees for approved services rendered by brigade

   (1)The members of the brigade may, at the request of a person, render the services the chief officer approves.

   (2)The chief officer may permit the use, in the rendering of a service referred to in subregulation (1), of the equipment of the brigade.

   (3)The chief officer shall not approve of the rendering of services or permit the use of equipment under this regulation unless the person who requests the provision of the services agrees to the terms and conditions (including the payment of fees) the chief officer determines to be the terms and conditions on which the services shall be provided and the use of the equipment shall be permitted.

6. Chief officer may give directions in emergency

   Notwithstanding the provisions of regulation 6 (3), the chief officer may, to carry out rescue operations or in an emergency, give directions to the members of the brigade to do the things necessary to carry out the rescue operation or deal with the emergency.

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 Brigades Regulations and were originally made under a Commonwealth ordinance—the Fire Brigades Ordinance 1957 No 20 (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 Brigades Ordinance 1957 and the Fire Brigade 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 Regulations by SL1974-31. They were later renamed as the Fire Brigade Regulations 1958 by the Legislation Act 2001.

   Before 11 May 1989, regulations commenced on their notification day unless otherwise stated (see Interpretation Ordinance 1937 s 16, Interpretation Act 1967 s 50).

   Legislation before becoming Territory enactment

   Fire Brigade Regulations 1958 No 1

   notified 2 January 1958
   commenced 2 January 1958

   as amended by

   Amendments of Fire Brigades Regulations 1960 No 5

   notified 11 August 1960
   commenced 11 August 1960

   Amendments of Fire Brigades Regulations 1969 No 2

   notified 19 June 1969
   commenced 19 June 1969

   Amendments of Fire Brigades Regulations 1974 No 31

   notified 25 November 1974
   commenced 25 November 1974

   Regulations to revise regulations in force under Ordinances of the ACT 1979 No 26 sch

   notified 29 November 1979

   commenced 29 November 1979

   Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 3

   notified 10 May 1989 (Cwlth Gaz 1989 No S160)
   s 1, s 2 commenced 10 May 1989 (s 2 (1))
   sch 3 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)

   Legislation after becoming Territory enactment

   Regulations Revision (Penalties) Regulations 1996 No 8 sch

   notified 6 June 1996
   commenced 6 June 1996 (reg 2)

   Legislation (Consequential Amendments) Act 2001 No 44 pt 151

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)
   pt 151 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Justice and Community Safety Legislation Amendment Act 2003 A2003-2 pt 7

   notified LR 3 March 2003
   s 1, s 2 commenced 3 March 2003 (LA s 75 (1))
   pt 7 commenced 4 March 2003 (s 2 (1))

   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 1am 1974 No 31 reg 1; R2 LA

   Definitions for regulations

   reg 2def commercial building am 1974 No 31 reg 2

   Minister or authorised person may direct installation of fire appliances

   reg 3am 1969 No 2 reg 1; 1974 No 31 sch; 1979 No 26 sch; 1996 No 8 sch

   sub A2003-2 s 45

   Inspection etc of fire appliances in commercial buildings

   reg 4om 1960 No 5 reg 1

   Attendance of brigade members at public meetings etc

   reg 5am 1969 No 2 reg 2; 1974 No 31 reg 3, sch

   Chief officer to fix fees for approved services rendered by brigade

   reg 5Arenum as reg 6

   Chief officer may give directions in an emergency

   reg 5Brenum as reg 7

   Chief officer to fix fees for approved services rendered by brigade

   reg 6orig reg 6 am ord 1989 No 38 sch 3

   om Act 2001 No 44 amdt 1.1715

   (prev 5A) ins 1960 No 5 reg 2

   am 1974 No 31 sch

   renum as reg 6 Act 2001 No 44 amdt 1.1716

   Chief officer may give directions in emergency

   reg 7(prev 5B) ins 1974 No 31 reg 4

   renum as reg 7 Act 2001 No 44 amdt 1.1716

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	ord 1989 No 38	31 August 1991
2	Act 2001 No 44	14 May 2002
3	A2003-2	4 March 2003

©  Australian Capital Territory 2004