Fire Brigades Act 1883 (SA)

ANNO QUADRAGESIMO SEXTO ET QUADRAGESIMO

SEPTIMO

A.D. 1883.

No. 288.

An Act to amend the l ' Fire Brigades Act, 1882."

[Assented to, November 2.2~4 1883.1

W HEREAS it is desirable to amend the " Fire Brigades Act, Preamble 1882 "-Be it therefore Enacted by the Governor of the

Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly, in this prcscnt Parlia- ment assembled, as follows:

1, This Act may be cited as the C Fire Brigades Act Amendment Title nntl Incorpora-

Act, 1883," and shall bc taken and read, so far as is con- tion. sistcnt with the tenor thereof; as part of the '' Fire Brigades Act,

exempted

1882," hereinafter called the principal Act.

2. The third section of the principal Act is hcr.c?l)y 1qmded; Insurance Companies

and in lieu thereof it is enacted, as follows :-Every company to be registered.

now carrying on within this province thc business of insuring against loss or damage by fire, and which is not already registered as hereinafter mentioned, or which sllnll hereafter so c a n y on such business, shidl, witlliu thirty days after thc passing of this Act, or within thirty days after conzmencing such business (whichever shall last lruypcn), bbtain from thr Registrar of Com- panies a certificate of registration, and shall pay to him the sum of Five Pounds Fivc Shillinqs for such certificate; and notice of Jj'et?paTa,rle,

such registration shall be pLlished by such Registrar in the Go-

vernmefzt Gazette.

3. All companies which commenced business as aforesaid, after Exemption fmm

thirty days from the passing of the principal Act, are hercby penalties under re-

46" & 47' VICTORIE, No. 288.

Fire Brigades Act Amendment Act.-1883.

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exempted from all penalties incurred by them in consequence of their not having obtained the certificate of registration required

by that Act.

Appintment of 4. Thc sixth section of the principal Act is hereby repealed, and

Board.	in lieu thereof, it is Enacted as follows:-The over nor shall annually, in the month of January in each and every year, appoint sewn persons to be the Fire Brigades Board, one of whom sliall bc appointed on the nomination of the Council of the &Iunicipality of -4delaide, one on the nomination of the whole of the Local Fire Brigades Boards, and three on the nomination of the Iiisurancct Companies doing business within the Municipality of Adelaide, slid the members of such Board shall continue in office until their SUC- cessors are appointed. In the event of the Local Firc Brigades Boards not agreeing on the non~ination of one person to reprcscnt such Boards, the Governor shall appoint to represent such Local Fire Brigades Boards, the person nominated by thc majority in
number of such last-mentioned Boards.
On failure of nomi-
nation of members,	If the Council of the Municipality of. Adelaide, or the Local exercise their respective rights to nominate a membcr or membcrs of the Board, at some tirnc witliin twenty-one days after such right to nomi1;ate shall accroc, the Governor shall appoint such pcrsons as he may think fit to thc places in respect of which such right of nomination has failed to be exercised.
Governor may	Fire Brigades Boards, or the Fire Insnrance Companies, shall hi1 to
appoint.

Vacancies, howtobe Xf

m y vacancy shall occur in the Board by reason of the death,

of tlir Municipality of Adclaide, or of the Local Hrig,ades Boards,

or of' the Firc Insurance C'oq~nnies, as ilforrsaid, or of any incrnber

npp~intcd by the Governor, by rcnson of such failure to nominate as

aforesaid, and the Municipality of Adelaide, or the 1,ocd Brigades

filled.

resignation, or removal of any member appointed on the ~iomina,tion fail to nominate m y other person or pcrsons to fill sucl; vac:mci~s	wit!iin twcnty-one days after such ~ncnncics	occurring, such vacai~cies
shall bc filled up by the Governor.

5. The thirtemth section of the C: Fire Rrigadcs Act, 1882," is

hcrcbv repealed, ancl in lirn thclseof it is enacted an foll&vs :--TIE

~ d n i E i ~ ~ a l i t ) - of Adelaide shall pay to the Board, in quarterly pay-

ments, on thc first days of .Jannary, April, July, and October in

each year, ou t of thc f i d s tlcrivccl Ifroni extraneous sources beyond

the c i t y rntcs, a sum of rnoncy bciug one-sixth of the moneys laid out

bv the'J3oard within thc l inks of the Municipality in respect of the

objects of this Act during the preceding threc months. but so that

the total nnmunt to be paid by the Mmiicipality during any y e u

shall not thc sum of Five Ilundred Pouacls,

Payments by Nunici- 6. Wherever a 1.0cnl Fire Brigades Board shall be established

palitie~ and District by the Governor on the applicstion of any Municipality or District

~ouncils to L O C ~

Firo Brigades Boards. c o n l l d

46" & 47' VICTORIlE, No. 288.

Fi~e Brigades Act Amendment Act.-1883,

Council, as provided by the fifth section of thc principal Act, such Municipality or District Council shall pay to the Firc Brigades Board, in quarterly payments, on the first days of January, April, July, and October in each year, out of the funds of the Municipality or District Council, a sum of money being one-sixth of the sum laid out by the Fire Rrigadcs Board in respect of the objects of

this Act within the limits of such Municipality or District '~ounci l,

bnt so that the total contribution of the Muiiicipality or District

Council fbr each year shall not exceed Fivc IIuudred Pounds.

7, -4nd all moneys cspcndcd within the limits of such Muni- HOV moneys

cipdity or Council in respect of the objccts of this Act shall bc palily or Council are cxpcndcd by Nunici-

paid by the Bomd, and shall be deemed portion of the outlay of the to be contribut*~ shall be contributed by the Treasurer, the Insurance Companies, and the Municipality or Council, in the same proportion as in that Act provided; nud for the purposes of this section the word

Municipality," whenever it occurs in section 13 of the said Act, shall be rcad as if the words " Municipality or Council " had been inserted in lieu thereof:

8, Every Local Fire Brigades Roarcl to be appointed under the Incorporation of

principal Act shall, immediately upon appointment, become a cor-

Local Fire Brigades

poration with perpetual succession and a common seal, under the corporate name of " The Local Fire Brigades Board of ) ) 3 the blank being filled up with thc name of the Municipality or Dis- trict Council, and by such corporate name may sue and be sued, and may acquire and deal with red and persond estate for the purposes of this and the principal Act, and the chairman arid one other mem- ber or any three members shall be a quorum.

cease to be mayor or chairman, or mernbcr of the Municipal or Dis- Fire Brigades Boarda 9, Whenever any member of the Local Fire Brigade Board shdl Vacancies in Local

trict Council, as the case may be, or shall by writing, signed by him	and addressed tro the &airman of the Local Fire Brigades Board,
resign his seat on such Board, a vacancy shall occur therein, and the Governor r r q there~q~on fill up such vacancy by appointing mother person, qualified as proviclecl by the principal Act.

10. Upon the ;~ppointrncnt of x Local pire Rrigadcs Board, as The principal Acl to apply to Local Flre

provided by the principl Act, the dutv of extinguishing fires and H,,aae,

Boarda.

protecting and sal ing life and propvr$ in cases of fire, within the limits of the Municipality or District Council respectivcly, shall bc entrusted to such Local Fire Brigades Boards; and, subject to the pro~risions of the principal Act, the superintendents, officers, and fircmcn of the Brigadcs appointed by them shall perform the dutics, enjoy the advantages and immunities, and be subj ect to the liabilities, povided by the principal Act in the case of the fire Brigades Board,

and the superintendent, officers, and firemen appointed by such

last-mentioned Board, and the provisions of that -4ct, mutaris

mutandis, sEdl apply to Local. Fire Brigades Boards.

11, The

46" & 47" VICTORIE, No. 288.

Fire Brigades Act Amendment Act.-1883.

same8 of L a d Fire	llm	The power conferred by the principal Act on the Fire
Brigades to be under

B Brigades Board, of exercising control ovcr the Local Pirc Brigades

creabd by the prin-	Boards, shall extend to all expenditure, including the rate of pay
cipal Act.
to be given by the last-named Boards to the superintendent, officers, and firemen of any Fire Brigade employed or appointcd by such last-named Boards within the limits of the Municipality or District Council, as the case may be.
No p~yment
Board in respect of

to the 12. Notwithstanding anything contained in the principal Act

property owned by	respecting the payment to be made by the owner of any uninsured
Government.	house or other building for the services described in the Schedule to the principal Act, no payment shall be made to the Board for any
such services in respect of any property owned by Her Majesty's
Government,

I n the name and on behaif of Her Majesty, I hereby assent to

this Bill.

WILLIAM C. F. ROBINSON, Governor.

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Adelaide : By authority, E. SPILLBR, Government Printer, North-terraoe.