Fire Brigades Act 1916 (WA)

WESTERN AUSTRALIA.

ANNO SEPTIMO

GEORGII QUINT' REGIS,

XXXIII.

No. 13 of 1917.

AN ACT to consolidate and amend the Law relating to the Protection of Life and Property from Fire.

[Assented to 28th March, 1917.]

B E it enacted by the King's Most Excellent Majesty, by andLegislative Assembly of Western Australia, in this present Par-with the advice and consent of the Legislative Council and liament assembled, and by the authority of the same, as follows:—

P reliminary .

1. This Act may be cited as the Fire Brigades Act, 1916, and Short title and commencement.

shall come into operation on a day to be fixed by Proclamation.

2.    The Acts mentioned in the First Schedule to this Act are RePeal,

hereby repealed; but, except as herein provided, such repeal shall not affect any proclamation, order, regulation, registration, or appointment made, or election held, or right, privilege, obligation or liability acquired, accrued, or incurred, under any repealed Act, or any act, deed, matter, or thing lawfully done thereunder.

1917, No. 13.] Fire Brigades. '[7 GEO. V.

Interpretation.

GI., 17k., No. 2653, 3. In this Act, unless inconsistent with the subject-matter or

context, the following words shall have the meanings respectively

e. 3.

assigned to them (that is to say) :-

"Board" means the.Western Australian Fire Brigades Board constituted under this Act; and includes the Board constituted under the " District Fire Brigades Act, 1909," until such Board is dissolved:

"Brigade" includes all fire brigades, whether permanent or volunteer or municipal or insurance companies', or pri- vate or otherwise:

"Chief Officer" means the Chief Officer of Fire Brigades:

"District" means a fire district constituted by or under this

Act:

"Insurance company" includes any person or persons, in- corporate or unincorporate, carrying on the business of fire insurance or of granting for consideration indem- nity in whole or in part against loss or damage by fire, whether by itself or in conjunction with any contract other than that of insurance; and shall include as well the company as its agent or agents:

"Local Authority" means a municipality and the council thereof, or the road board of a road district, and "the local authority" means the local authority for the par- ticular district.

"Minister" means the Minister of the Crown charged for

the time being with the administration of this Act:

"Owner" means the Terson for the time being receiving the rack rent of the premises in connection with which the word is used either on his own account or as agent or trustee for some other person, or who would receive the same if the premises were let at a rack rent:

"Permanent Fire Brigade" means any association formed for the purpose of extinguishing fire and consisting of persons whose whole time shall be devoted to duties con- nected with that object and who receive a fixed remuner- ation for their services:

"Prescribed" means prescribed by this Act or the regula-

tions.

"Proclamation" means a proclamation by the Governor pub-

lished in the Government Gazette:

"Regulations" means any regulations made under this Act: "Volunteer Fire Brigade" means any association of per-

sons formed for the purpose of extinguishing fires if the carrying out of the purpose of such association is not the sole or principal calling or the means of livelihood of such persons or of a majority of them:

"Year" means year ending the thirty-first day of December.

7 GEo. V.]	Fire Brigades.	[1917, No. 13.
Fire District.

The municipal and road districts mentioned in the Second Schedule to this Act are hereby, for the purposes of this Act, con- re Districts.

4.

Cf., Vic., No. 2653,

s. 4.

stituted fire districts, by the names as in the said Schedule stated:	2nd Schedule.
Provided that the Governor may, by Order in Council, con- stitute any other municipal or road district a fire district, and may include such district in Part 2 or Part 3 of the Second Schedule to this Act:
Provided also that the Governor may, by Order in Council, excise from any fire district any specified portion thereof, and thereupon such portion shall for the purposes of this Act be uo longer included in or be part of such district, but any such order may be altered or revoked:
Provided also that the Governor may, by Order in Council, unite two or more municipal or road districts, or one or more municipal districts together with one or more road districts into one fire district, by such name as the Governor may think fit; but before any such order is made, at least one month's notice of in- tention to make the order shall be given to the local authorities concerned.

The Board and Local Committees.

(1.) For the purpose of carrying out the provisions of this Act there shall be a Board, to be called the Western Australian	Fire Brigades Board. Oh Vic.. No. 2653,
s. 6.
Fire Brigade Board, constituted as hereinafter provided.

5.

(2.) Such Board shall be a body corporate with perpetual

succession, and shall adopt and use a common seal, and shall be capable in law of suing and being sued, and of taking, purchasing, holding, exchanging, leasing, and disposing of real and personal property.

(3.) The said Board shall be successor to the West Aus-

tralian Fire Brigades Board constituted under the District Fire Brigades Act, 1909, and the Fire Brigades Board constituted under the Fire Brigades Act, 1898.

(4.) Until the constitution of a Board under this Act all

the powers hereby conferred on the Board may be exercised by the West Australian Fire Brigades Board, as constituted under the District Fire Brigades Act, 1909, but such Board shall, on the constitution of a Board under this Act, be dissolved.

Constitution of Board.

6. The Board to be constituted under this Act shall consist of	Board.
Constitution of

nine members, as follows :- C/., Vic., No. 2653;

Two members shall be appointed by the Governor, one of ss. 7 and 8.

whom shall be appointed President of the Board.

1917, No. 13.] Fire Brigades. [7 GEO. V.

Two members shall be elected by the insurance conpanies

carrying on business within Western Australia.

One member shall be elected by the Council of the City of

Perth.

One member shall be elected by the municipal councils and

road boards of the municipal and road districts mentioned

2nd Schedule. in Part 2 of the Second Schedule to this Act.

One member shall be elected by the municipal councils and road boards of the municipal and road districts mentioned in Part 3 of the Second Schedule to this Act.

One member shall be elected by the municipal councils and road districts mentioned in Part 4 of the Second

Schedule to this Act.

One member shall be elected by the registered volunteer fire

brigades.

Local Committees.

Cf., Via No. 2653. 7. In each district the powers by this Act conferred on local

B. 9.

committees shall be exercised by a local committee under the

supervision of the Board and subject to the regulations.

Constitution of 8.

The local committee of each district shall be a committee of the municipal council or road board of the municipality or road district constituted a fire district by this Act, every such committee being appointed under and subject to the provisions of the Municipal Corporations Act, 1906, or the Roads Act, 1911, as the case may be:

local committees.

Provided that if two or more municipal districts or road dis- tricts or several municipal and road districts are united into one fire district, the local committee of such united district shall be constituted in such manner as may be prescribed by regulations.

Proceedings of local 9. The proceedings of local committees shall be regulated by

committee.

the provisions of the Municipal Corporations Act, 1906, or the

Roads Act, 1911, and the by-laws thereunder, applicable to com- mittees of municipal councils and road boards respectively:

Provided that where two or more municipalities or road dis- tricts are amalgamated into one fire district, the proceedings of the local committee may be regulated by regulations.

Governor may re-

move member of	10.	The Governor may, at any time, if he thinks fit, remove any
Board.

Vic. No. 2653, s. 12.	member of the Board.
Elections to be

under r%mlations, 11. All elections of members of the Board shall be conducted

etc.	in all respects whatsoever in such manner as may be prescribed
Ibid. s. 13.	by the regulations, and every such election shall be held at such times and under the direction of such returning officers as the Governor may from time to time appoint.

7 GEo. V.] Fire Brigades. [1917, No. 13.

12. All members of the Board shall be appointed or elected Tenure of members not to exceed two

for any term not exceeding two years, and, subject to the pro-	years.
visions hereinafter contained, shall hold office until the thirty-	Cf., Vie. No. 2653,.
first day of December in the second year of the term for which	s. 14
they are appointed or elected.
The members of the Board may receive from the funds of the Board a sum not exceeding two hundred and fifty pounds per annum in the aggregate.

13. (1.) All elections under this Act other than extraordinary Periodical elections..

elections shall be held in the month of December; but the first

Vie, No 2653 s 16.

election may be held at such other time as the Governor may think

fit.

(2.) Notwithstanding that any person is a member of the Board he shall be eligible for re-election or re-appointment, and every retiring member shall, if not otherwise disqualified, be en- titled to act as a member during the progress of any election.

14. (1.) Any vacancy in the office of a member of the Board, Extraordinary vacancies,

occasioned by death, resignation, removal, or any cause whatso-

ever other than retirement on the thirty-first day of December Mid' 13'

in the second year of the term for which he was appointed or

elected, shall be filled up within one month after the occurrence

of such vacancy, or within such longer time as may be prescribed

by the regulations.

(2.) In the case of an appointed member, such vacancy

shall be filled up by the appointment by the Governor of a new

member.

(3.) In the case of an elected member, such vacancy shall

be filled up by the election of a new member by the body or bodies by which the member whose place is to be filled was originally elected. •

(4.) Such new member, whether so appointed or elected, shall hold office as long as the person in whose place he was ap- pointed or elected would have held office had he continued in office, and no longer.

15. If from any cause the body or bodies whose duty it is to Failure to elect.

elect a member of the Board fail, neglect, or refuse so to do at or	Ibirs. 17.
within the time appointed or specified in that behalf in this Act or in the regulations or by the Governor, then the Governor may appoint any person whomsoever to be a member of such Board in lieu of the member whom such body or bodies should have elected, and such person shall be deemed for all purposes to have been elected by such body or bodies and to have been duly quali- fied.

1917, No. 13.] Fire Brigades. [7 GEO. V.

Bankrupts not to be 16.

No person being an undischarged bankrupt shall be cap- able of being appointed or elected a member of the Board, and no member who is adjudicated bankrupt or who applies to take

or continue to be

members.

Ibid. s. 18. the benefit of any Act for the relief of bankrupt debtors, or who compounds by deed or instrument in writing with his creditors, or who stops payment in the common mercantile acceptation of the term, shall be capable of continuing a member thereof, and the seat of such member shall thereupon become vacant.

How seat vacated. 17.

(1.) If a member of the Board at any time subsequent to his appointment or election accepts or continues to hold any office or place of profit under the Board, or is concerned in any con- tract, or participates in any manner in any work to be done or goods to be supplied under the authority of this Act, or derives or is entitled to any benefit either directly or indirectly therefrom, or if a member of the Board is absent from four consecutive peri- odical meetings of the Board without leave obtained from the Board in that behalf, he shall cease to be a member of the Board, and his office shall thereupon become vacant.

Ibid. s. 19.

Exception. (2.) No person being a shareholder or member of any in- corporated or joint stock company consisting of more than twenty persons shall be disqualified from acting as a member of a Board by reason of any_ contract entered into between such company and the Board; nevertheless it shall not be lawful for any such shareholder or member to act as a member of a Board in any matter relating to any contract entered into between such com- pany and the Board.

(1.) No acts or proceedings of the Board or any committee thereof shall be invalidated or be deemed illegal in consequence only of the number of the members of such Board or committee

Acts of members 18.

not invalidated by

vacancies ;

Ibid. s. 20.	not being complete at the time of such act or proceeding.
nor by irregularity	(2.) All acts and proceedings of such Board or committee shall, notwithstanding it is afterwards discovered that there was some defect in the appointment or election of any person as a member thereof or that any member thereof was disqualified or not entitled to act or vote, be as valid as if every such person had been duly appointed or elected (as the case may be) and was qualified to be and to act and vote as a member of such Board or committee or local committee (as the case may be).
in appointment or
disqualification.

Proceedings of the Board and Local Committees.

Meetings of Board. 19. (1.) Meetings of the Board shall be held not less than six

Ibid. s. 22. times a year, and notice in writing of each meeting, except an

adjourned meeting, shall be sent by post to each member at least

seven clear days before the day of any such meeting.

7 GE O. V.] Fire Brigades. [1917, No. 13.

(2.) The President of the Board shall preside at all meet- ings of the Board at which he is present; but in his absence the members present shall elect a member to preside at such meeting. President

20. (1.) The president of the Board may at any time, and Special meetings.

shall upon receiving a requisition in writing requiring him so to

Ibid. a, 23.

do signed by at least three members of the Board, convene a

special meeting for any particular purpose.

(2.) Such special meeting shall be convened by giving seven clear days' notice in writing, sent through the post, of such meet- ing to each member, and such notice shall set forth the particular purpose for which such special meeting is convened.

21. (1.) Four members of the Board present at any meeting shall form a quorum for the transaction of business, and no busi-

Quorum.

Ibid. s. 24.

ness shall be transacted at any meeting at which there is not a

quorum present.

(2.) All questions at any meeting shall be determined by a majority of the votes of the members present, and in the case of an equal division of votes the president shall have a second or casting vote in addition to his ordinary or deliberative vote.

Revocation of

22. No resolution of the Board shall be revoked at a subse- quent meeting held within six months after the passing of such

resolution of a

previous meeting.

resolution unless such meeting is specially convened for the pur-

Ibid. s. 25.

pose, and unless such revocation is determined upon unani- mously or by a majority consisting of a larger number of the members of the Board than the majority by which the resolution proposed to be revoked was passed.

23. (1.) The Board may appoint a committee for any purpose committees ofj

which in the opinion of the Board would be better regulated and Boards.

managed by means of such committee, and at any meeting may Ibid. a. 26.

continue, alter, or discontinue such committee.

(2.) The acts of every committee of the Board shall be sub-

mitted to the general body of the Board for approval or other-

wise.

(3.) Every committee so appointed may meet from time to

time and may adjourn from place to place as the members thereof may think proper for carrying into effect the purposes of its ap- pointment, but no business shall be transacted at any meeting of the committee unless three members thereof are present.

24. (1.) Entries of all proceedings of the Board and of every Minutes of pro-

ceedin gs.

committee, with the names of the members who attend each meet-

ing, shall be made in books to be provided and kept for that pur-

B. 27.

pose under the direction of the Board or committee, and shall be signed at the next or some subsequent meeting of the Board or committee respectively by the president or chairman thereof.

(2.) Entries purporting to be signed, and any minute made

of proceedings at a meeting and copies of any orders made or reso-

lutions passed at a meeting if purporting to be so signed by the

1917, No. 13.] Fire Brigades. [7 GEO. V.

president or the chairman (as the case may be), shall be received

PS evidence in all legal proceedings and by all judges and other

persons having by law or by consent of parties authority to hear, receive, and examine evidence without proof of any meeting of the Board or committee having been duly convened or held, or of the presence at any such meeting of the person named in any such entry as being present thereat, or of such persons being members of the Board or Committee, or of the signature of the president or the chairman of such meeting, or of the fact of his being president or chairman, all which matters shall be pre- sumed until the contrary is proved.

Vesting of Property, and General Powers and Duties of Board

and Local Committees.

Vesting of property. 25. (1.) On the constitution of the Board under this Act, all

the property and assets whatsoever of the West Australian Fire Brigades Board and the Fire Brigades Board, constituted under the Acts repealed by this Act, shall, by force of this Act, vest in the Board, and all the liabilities of the West Australian Fire Brigades Board and the Fire Brigades Board constituted under the Acts repealed by this Act shall become the liability of the Board.

Polver;to pursliase	26.	(1.) The Board may purchase, take on lease, or otherwise
property for

stations, eto.	acquire stations for engines, stables, hoz:es for firemen, and such
Vic., No./2853, s. 28.	other buildings or land, and all such engines, escapes, and other apparatus and plant and other property as the Board may think requisite for carrying into effect the purposes of this Act, and may from time to time sell or exchange or let any property ac- quired by or vested in the Board for the purposes of this Act.
(2.) All moneys resulting from the sale, exchange, or letting of any property by the Board shall be applied in the purchase of property for the Board or the improvement of the property of the Board.
Provided that any real property acquired by the Board, or either of the Boards to which the Board is successor, from a local authority Without pecuniary consideration, if no longer required for the purposes of this Act, shall re-vest in the local authority, subject to the payment by the local authority to the Board of the value of the improvements (if any) effected thereon after such acquisition.

General duties _of 27.

The duty of taking, superintending, and enforcing all tion of life and property in case of fire, and the general control of all stations and of all fire brigades shall, subject to the provi- sions of this Act be vested in the Board, and subject to the Board

Board.	necessary steps for the extinguishment of fires and for the protec-
Cf., ibid. a. 29.

7 GEO. V.] Fire Brigades. [1917, No. 13.

and the regulations, in the local committees as regards each dis-

trict.

28. In this Act, unless the context otherwise requires, where Limit of authority

powers or duties are conferred or imposed upon local committees of local committees.

such powers or duties may be exercised by a local committee only Ibid. B. ail

within and for the fire district for which such local committee is

constituted.

29. The Board, and any local committee within its district sub- ject to the approval of the Board, may at any time and from time	Formation;of
brigades, etc.
1 , •

•

•

to time Mike. 31.

(a) take measures to facilitate the formation of permanent

or volunteer fire brigades; and

(b) amalgamate or disband or cancel the enrolment and re-

gistration of any fire brigade; and

(c)	acquire for the Board or dispose of plant including fire- engines, horses, carts, reels, buckets, hose, ladders, fire- escapes, ladder-trucks, hook-and-ladder carriages, tools, implements, accoutrements, and other property or furnish the same to fire brigades; and
(d)	determine the number of permanent and volunteer fire brigades necessary for the protection of any district, and also the apparatus and appliances to be used by each brigade; and
(e)	establish schools of instruction, issue certificates of quali- fication in fire-extinction to members of fire brigades; and
(f)	establish and maintain fire-alarms and other appliances for the prevention and extinction of fires; and
(g)	also establish or contract far the establishment of tele- phonic, telegraphic, or other communication between the several stations at which fire-engines or firemen are placed, and between any such stations and any other places.

30. (1.) The Board shall submit its proposals in respect of Board's proposals to

the class of brigade and method of fire protection to be established loca	slu a um i	t :o	t e	r Ito	. o	t
in each district to the local authority before putting such pro- posals into operation, and shall advise the local authority of any intended change in the class of brigade and method of fire pro- tection, and any difference between the Board and the local auth- ority on such matters shall be referred to the Minister for his decision.
(2.) Any local authority may make representations to the Board in regard to the class of brigade and method of fire pro-

1917, No. 13.] Fire Brigades. [7 GEO. V:

tection in its district, and may appeal to the Minister if dissatis- fled with the action of the Board, and the Minister may decide all matters in dispute between the local authority and Board.

Annual reports to 31. The Board shall furnish a report to the Minister in the

Minister month of March in every year upon all proceedings of such Board Vic., No. 2653, s. 32. under this Act during the previous year, and a report generally

upon all matters which have come within the scope of the Board during such year, and such report shall be laid before both Houses of Parliament.

Officers and Members of Brigades.

Appointment, etc.,	32.	(1.) The Board shall from time to time appoint so many
of officers and mem-

bers of permanent •	officers and members of every permanent fire brigade and by such
brigade.	designations as shall seem fit, and the Board shall have the power
Cf., Vic.; No. 2653,	of suspension and removal of all such officers and of all members

s. 34.	-	of any permanent fire brigade under the Board.
(2.) The officers and members of any permanent fire bri- gade shall be respectively paid such salaries and wages from the funds at the disposal of the Board as the Board shall from time to time direct, or as may be directed by regulations.

Approval of mem-

bers of volunteer 33. No election or appointment of the members of any volun-

brigade.

teer brigade shall have any force or effect until approved- by the

Cf., ibid. a. 33.

Board, or local committee of the district in which such brigade

is established.

Chief Officers. 34.

(1.) There shall be an officer to be called the Chief Officer of Fire Brigades, who shall be from time to time appointed by the Board, and shall be subject to suspension or removal by the Board.

Ibid. s. 35.

(2.) Subject to the general powers and authority of the

Board, every brigade and all officers and members thereof in a fire district shall be under the immediate order and control of the Chief Officer of Fire Brigades.

Deputy Chief Officer 35. (1.) The Board may appoint a deputy chief officer, and

and assistant Chief

Officers. may at any time suspend or remove any such deputy.

Ibid. s. 36. (2.) In case at any time it shall seem expedient for the

purposes of this Act to appoint one or more assistant chief officers to act at any fire at which the Chief Officer or deputy chief officer cannot attend, the Board may either generally or specially appoint any assistant chief officer to act under the Board either for a limited time or for any one occasion only, and the Board may at any time suspend or remove such assistant chief officers.

(3.) Every deputy chief officer in the absence of the Chief

Officer, and every assistant chief officer in the absence of the Chief Officer and deputy chief officer shall, unless otherwise directed by

7 GEo. V.] Fire Brigades. [1917, Na. 13.

the Board or the regulations, have the same powers, authorities, and liabilities as are conferred or imposed by this Act or the regu- lations upon the Chief Officer.

36. The Chief Officer of Fire Brigades shall, in addition to General duties and

such other duties. as the Board may prescribe, exercise the gen-

powers of Chief

Officer.

eral duties and powers following, that is to say:

Ibid. s. 37.

(a)	He shall cause a book to be kept containing the names, ages, and occupations, and several places of abode of all members of every fire brigade:
(b)	He shall summon once a month at the least all or as many of the members of brigades as may be required for practice in order to render the members fit and efficient for service:
(c)	He shall from time to time inspect all fire brigades and report to the Board on their state of efficiency or other- wise, and make such recommendations as to him may seem fit:
(d)	He shall at all times have the immediate charge and control of all fire-engines, horses, carts, reels, buckets, hose, ladders, fire-escapes, ladder-trucks, hook-and- ladder carriages, tools, implements, accoutrements, and other property of the Board, and shall keep the same in a fit state at all times for efficient service:
(e)	He shall at all reasonable times have free access to any building or premises for the purpose of ascertaining and reporting on any infringement of the laws against storage of gunpowder, dynamite, or other dangerous explosive, or of kerosene or other inflammable material or matter, or as to the storage of empty crates, cases, and other packages, sawdust, shavings, hay and straw, either in packages or loose:
(f)	He shall at all times have free access to all theatres and other buildings used or intended for purposes of public entertainment or of public concourse and to all build- ings or premises concerning which provision is made in this Act or in the regulations, in order to report to the Board whether all laws and regulations for preven- tion of and escape from fire are being duly observed:
(g)	He shall attend the Board at all times when required to do so, and shall make al.1 such inquiries and reports as the Board may direct: and
(h)	He shall send by post or otherwise to all the insurance companies within any district notice of all fires which have taken place within such district in such form as may be agreed upon between the Board and the said companies or as may be determined by regulation.

1917, No. 13.] Fire Brigades. [7 GEO.

Duties and powers

of Chief Officer, etc., 37. For the purpose of extinguishing any fire, the Chief Officer

at fires.	.of Fire Brigades or any officer appointed generally or specially
Ibid. s. 38.	for the purpose by the Board, or with the approval of the Board by any local committee, shall perform the following duties and may exercise the following powers (that is to say) :-

(a) He shall with all possible speed proceed upon the first alarm to the place where the fire is, and shall endeavour by all practicable means to extinguish the fire and save all property in jeopardy:

(b) He shall have the control and direction of any brigade or brigades present at any fire and of any persons who voluntarily place their services at his disposal:

(c)	He shall have authority, either alone or with others under his command, to enter into and if necessary to force open any outer or inner doors of any house or premises which may be on fire or in the near neighbour- hood of any fire, for the purpose of taking any steps which he may deem necessary for the extinguishment or for the prevention of the extension of a fire, and he may take or give directions for taking any hose, engine, or other apparatus required to be used at a fire into, through, or upon any house, land, or premises which he may consider convenient for the purpose:
(d)	He may take any measures which appear to him neces- sary or expedient for the protection of life and pro- perty, and may cause any houses, buildings, or tene- ments to be entered, taken possession of, pulled down, or otherwise destroyed for the purpose of extinguish- ing or preventing the spread of fire:
(e)	He may cause water to be shut off from any main or pipe in order to obtain a greater pressure and supply of water for the purpose of extinguishing any fire; and no person or body having the management of any water supply shall be liable to any penalty or claim by reason of any interruption in the supply of water occasioned by compliance with the provisions of this section:
(f)	He may cause any street or thoroughfare in the vicinity

of any fire to be closed for traffic during the continu-

ance of any fire:

(g) He may remove or order any member of any fire brigade to remove any persons who interfere by their presence or otherwise with the operations of the brigade, and generally may take any measures which appear ex- pedient for the protection of life and property:

or any member of the police -force present at any fire (h) He may at any time pull down or shore up any wall or building damaged by fire that may be or may be likely to become dangerous to life or property.

7 GEo. V.] Fire Brigades. [1917, No. 13.

Regulations.

38. The Governor may make regulations for all or any of the Power to make regulations.

following purposes: — Viol., No. 2653, a. 39

(a)	For regulating the business and proceedings at the meet- ings of the Board and of committees thereof, and of local committees:
(b)	For defining the functions, powers, and duties of the President of the Board, and the chairman of any com- mittee thereof, or of any local committee:
(c)	For the examination, appointment, suspension, and re- moval of officers and servants, and for regulating the duties, conduct, and remuneration of such officers and servants:
(d)	For the establishment and maintenance of fire brigades and for the payment of salaries or wages to members thereof :
(e)	For the training of the men belonging to any brigade:
(f)	For the payment of compensation in cases of accidents to members of brigades, or where death ensues there- from to their wives and families:
(g)	For the establishment of a pension or superannuation fund for members of a brigade contributing to such fund:
(h)	For paying gratuities in respect of voluntary or special services rendered in connection with the extinction of fires or saving of life or property at fires or for special services rendered to any brigade, whether by members of the brigade or by other persons:

(i)    For fixing allowances to be paid to volunteer fire bri-

gades for special services at fires:

(j)	For permitting, when occasion requires, any portion of a brigade or any of its officers or men or engines, escapes, or other property to proceed or be taken beyond the limits of any district for the purpose of attending fires:
(k)	For dividing any district into sub-districts and for es- tablishing stations and companies or divisions of bri- gades:

(1) For ensuring discipline and good conduct amongst mem- bers of brigades, and for ensuring their speedy attend- ance with engines, fire-escapes, and all necessary ap- paratus and implements on the occasion of any alarm of fire, and generally for the maintenance of brigades in a due state of efficiency:

(m) For the enrolment and registration of all permanent fire brigades, volunteer brigades, municipal brigades, in- surance companies' brigades, private brigades, or bri- gades established or formed under any other descrip-

1917, No. 13.] Fire Brigades. [7 GEO. V.

tion whatever, and also for prescribing the various engines, apparatus, and appliances for the extinguish- ment of fire and the saving of lives at fires to be kept and maintained by all such brigades:

(n)

For prescribing the various apparatus and appliances for saving life at fires to be kept and maintained at hotels, inns, coffee houses or coffee palaces, houses of entertainment, factories, warehouses, stores, offices, and banks, theatres, opera-houses, concert-rooms, music or assembly halls, skating-rinks or other places of public amusement:

(o)

For regulating and controlling the carriage of members of brigades and their engines, apparatus, and appli- ances to and from fire brigade demonstrations and com- petitions, and for the regulation of all fire brigade de- monstrations and competitions:

(p)

For establishing and maintaining a salvage force:

(q)

For regulating the charges to be made for use of plant

and services of salvage force after extinction of fires :

(r)

Prescribing charges to be levied for attending fires on ships, and for the recovery of such charges from the owner or master:

(s)

For prescribing the uniforms to be worn by the various grades and classes of firemen when on duty:

(t)

For regulating the storage of empty crates, cases, and other packages, sawdust, shavings, hay and straw, either in packages or loose:

(u) For regulating the conduct of all elections, the prepara- tion of rolls of brigades entitled to vote thereat, the mode in which nominations shall be made and polls taken thereat, the form of voting papers, the mode in which brigades shall vote, and generally all matters whatsoever necessary for the proper carrying out thereof :

(v)    For the control and attendance of firemen on duty in public buildings, and prescribing fees to be paid by the owner or occupier of any such building for such service, and for the recovery thereof.

(w) For defining the powers and duties of local committees and the furnishing of the Board with reports and re- turns by such local committees both periodically and when required by the Board:

(x)    Requiring such local authority to forward to the Board its assessments on or before the thirtieth day of Sep- tember, or other prescribed date in each year.

(y)	For managing and regulating the distributing of all rev- enue received under the provisions of this Act:
(z)	For registering insurance companies, their agents or re- presentatives:

7 GEO. V.] Fire Brigades. [1917, No. 13.

(aa) For altering the date prescribed by this Act for the

doing or performance of any duty to any other date:

(bb) For providing for and fixing the voting power of local authorities, insurance companies, and volunteer fire- brinndes in connection with the election of members of the Board.

(cc) And for such other purposes as the Governor may, by proclamation, order, and generally for the purposes of carrying into effect the objects of this Act:

(dd) For imposing penalties for breaches of regulations, the maximum penalty in any case not to be fixed at a greater sum than Twenty pounds.

(1.) All regulations, when made by the Governor and pub- lished in the Government Gazette, shall, subject to the provisions of sub-

To be laid before

Parliament.

Viet., No. 1200 of

section (3), be valid in law as if the same were enacted in this Act.

1890, s. 40.

(2) All regulations shall, within one month after the mak- ing thereof, be laid before both Houses of Parliament if Parlia- ment is then in session, or if not then within fourteen days after the commencement of the next session of Parliament.

(3.) If either House of Parliament pass a resolution at any time within the month after any such regulation is laid before it disallowing such regulation, then the same shall thereupon cease to have effect, subject, however, to such and the like savings as apply to the ease of the repeal of a statute.

39.

Financial Provisions.

(1.) Before the thirty-first day of October in every year, or within such extended time as the Governor may approve, the	Annual estimate of
expenditure.
Cf., Vic., No. 2663,
Board shall prepare estimates of	s. 41.

40.

(a)	The probable expenditure to be incurred in the operation of this Act within each district during the next follow- ing year ;
(b)	The interest payable during such year on the debentures issued by the Board under this Act, or by the West Australian Fire Brigades Board or the Fire Brigades Board under the Acts hereby repealed, and for contri- butions to the sinking funds for the redemption there- of; and
(c)	The general administration expenses of the Board:

Provided that no estimate under paragraphs (a) and (c) hereof shall exceed in any one year such limit as may be fixed by the Minister, nor have any force or effect until approved by the Governor.

Provided also that such estimates for the year one thousand nine hundred and seventeen may be made at any time within three months from the commencement of this Act, and shall supersede the estimates made for that year under the District Fire Brigades Act, 1909.

1917, No. 13.] Fire Brigades. [7 GEO. V.

(2.) The estimated expenditure for interest on debentures

and contribution to sinking funds shall be apportioned between the several districts in proportion to the amount of borrowed money expended in each district save and except as hereinafter pro- vided, and such apportionment shall be subject to the approval of the Minister.

Provided that the Minister shall determine what amount of loan moneys have been expended in the Perth district in the erection of executive offices for the Board and residences for the officials of the Board, and the estimated expenditure for interest on this amount, and contribution to the sinking fund shall be apportioned between the several districts in the manner specified by the next succeeding clause.

(3.) The general administration expenses of the Board shall be apportioned between the several districts in ratio to the amount of the estimated expenditure in each district during the year.

Contributions 41. (1.) The annual expenditure so estimated in respect of

towards expendi-

ture.	each district shall be contributed to annually in the portions here-
Of., Vie., No. 2653
s. 42.	inafter set out, and be paid to the Board as follows, by

(a)	The Colonial Treasurer, out of the consolidated revenue, which is hereby appropriated for that purpose accord- ingly;
(b)	The local authorities whose districts are constituted fire districts, or united with other districts into a fire dis- trict;
(c)	The insurance companies insuring from fire property situated within the district. For the purposes of this Act, every such company shall include as well the company itself as its agent or agents.

The Colonial Treasurer shall contribute one-fourth of the amount of such annual estimated expenditure, the said local authorities three-eighths thereof, and the said insurance com- panies three-eighths thereof.

(2.)

The amounts to be so contributed shall in all cases be

paid by equal quarterly payments on the first day of January,

April, July, and October in each year.

(3.)

Contributions of	42. (1.) The amount of the contributions payable under this
local authorities,

how raised. Act by local authorities may be raised

Of. ibid. a. 44.	(a)	by the levy of an annual fire brigade rate; or
(b)	by increasing the annual general rates under the Muni- cipal Corporations Act, 1906, or the Roads Act, 1911, as the case may be, notwithstanding any statutory limit of such rate:

7 GEO. V.] Fire Brigades. [1917, No. 13.

Provided that such annual rate or increased annual general rate may, with the approval of the Governor, be levied only on the rateable land within a prescribed portion of the district of the local authority.

(2.) When the municipal or road districts of several local authorities are united into one fire district, the contribution pay- able by such local authorities shall be apportioned between them in such proportion as may be agreed upon, or in case of disagree- ment as may be determined by the Minister.

43. (1.) For the purpose of ascertaining the sum of money

Returns by insur-

ance companies.

or contribution to be paid by each insurance company, every such	Cf. ibid. s. 45
company shall annually. at such time as the Board may direct, trans- mit to the Board a return showing the total amount of the pre- miums received by or due to such company during the year pre- ceding the return in respect of the amount held at risk by such. company during the whole or any part of that year.

(2.) Such premiums shall be the .gross premiums received

by or due to such company in respect of all property situate within the district insured from fire by such company, and shall be reckoned so as to include any commission or discount, but to ex- clude any portion of such gross premiums actually paid away by way of re-insurance effected in Western Australia with any other company contributing under this Act.

(3.) To every such return there shall be annexed a statu-

tory declaration by the manager, secretary, or agent or other offi- cer performing the duties of manager, secretary, or agent of such company that according to the books thereof, and to the best of his knowledge and belief, the said return contains a true account and statement of the amount of such premiums.

(4.) If any such company makes default in transmitting such return and declaration, or furnishes an incorrect or incom- plete return, such company shall be liable to a penalty of not more than five pounds for every day during which it is so in default.

(5.) Every insurance company which commences to carry on business after this Act comes into operation shall, until the first return is duly made by such company under the provisions of this section, contribute to the funds of the Board the sum of two pounds ten shillings quarterly on the days prescribed by section forty-one.

44. (1.) The contribution of the whole of the insurance com- panies shall be made by each of the said insurance companies

Amount of contribu-

tion by individual

insurance companies

providing annually, by quarterly payments, such a sum of money

how to be escor-

(not being less than ten pounds per annum) as shall amount

/7)1T s 46. t

to the' pro rata proportion of such contribution calculated upon

1917, No. 13.] Fire Brigades. [7 GEO. V.

the amount of the premiums received by or due to such company during the past year in respect of risks held by such company on property situate within any district as may appear by the return hereinbefore provided for.

(2.) Such sums of money shall be absolutely determined by the Board, and shall be so fixed at such amounts as shall produce, upon the aggregate of such sums of money payable for each such district by all the said insurance companies,. the total amount of the contribution to be provided by the whole of the insurance com- panies for the year.

Marine Insurance 45.

Insurance companies carrying on the business of marine in- surance and not otherwise contributing to the funds of the Board, shall, under and subject to the regulations, contribute such annual sum as may be prescribed for the protection of the interests in- sured under their policies on wharves and jetties.

Companies.

Insurance company 46.

(1.) The manager, secretary, agent, or other officer hav- ing the custody of the books and papers of any insurance com- pany shall allow any officer appointed by the Board to inspect,

to permit books to

be inspected.

Ibid., s. 47.

during the hours of business, any books and papers of such com- pany, and to make extracts therefrom in order to verify any re- turn or declaration made in pursuance of this Act.

(2.) Any such manager, secretary, agent, or other officer as'

aforesaid who fails to comply with the requirements of this section

shall be guilty of an offence against this Act.

(3.) Provided that, except for the purpose of a prosecu-

tion for an offence against this Act, all such returns and all in- formation obtained and all extracts made in order to verify such returns shall be kept secret by the Board and every member thereof, and by every officer and person appointed thereby; and every person guilty of non-observance of the secrecy hereby re- quired shall be liable, on conviction, to a fine of not less than twenty pounds and not exceeding fifty pounds, or to imprisonment, with or without hard labour, for not more than three months.

Recovery of contd.	47. (1.) If any local authority or if any insurance company
butions, and further •

contribution forliable to contribute under this Act fails to pay any quarterly pay-

delay in payment. ment prescribed by this Act within twenty-eight days after it be-

See ibid., s. 18. conies due, such local authority or insurance company (as the

case may be) shall be liable to a . penalty of not less than five pounds and not more than fifty pounds, and also to a further penalty of two pounds for every day during which such failure to pay continues.

(2.) All contributions payable under this Act, together with

any penalties under subsection one of this section, shall be re-

7 GEO. V.] Fire Brigades. [1917, No. 13.

coverable by action at the suit of the Board in any court of com-

petent jurisdiction.

48. (1.) In the event of any fire brigade attending a fire in insurancecompanies

which there is interested any insurance company which has failed oteort a t eti nri asetse m

the prescribed time, it shall be lawful for the Board to levy such Ibid. ' s. 49.

or omitted to make any quarterly payment under this Act within

charges for such attendance as the Board may deem adequate.

(2.) Such charges may be recovered from the owner or occu- pier of such property in any court of competent jurisdiction, and shall be deemed to be damage by fire within the meaning of any policy of insurance against fire covering the said property, not- withstanding any clause or condition to the contrary in any such policy; and every such occupier, unless he is under contract or agreement with the owner thereof to insure such property, shall be entitled to deduct all charges so paid by him and all costs and expenses incurred by him in relation thereto from any rent then due or thereafter accruing due to such owner, or to recover the same from such owner in any court of competent jurisdiction.

(3.) Unless otherwise prescribed by regulations, such

charges shall not exceed the charges set forth in the Third Sched- Third Schedule.

ule to this Act.

49. If in any year the amount received by the Board from supply of deficit in ceindanorro-

contributions under this Act in respect of any district falls short am a

of the expenditure within or on account of such district, based surplus.

upon the estimate for the year, then the deficit shall be added to mid., a. 50.

the estimate of expenditure for the ensuing year, and the rate of

contributions increased proportionately; but if the amount re-

ceived by the Board in any year from contributions as aforesaid

exceeds the expenditure based upon the estimate for the year,

then the excess shall be treated as a credit in favour of the esti-

mated income of the ensuing year, and the rate of contribution

for the said ensuing year reduced proportionately.

50. (1.) The Board may, with the consent of the Governor,	Borrowing powers,
See 1909, No. 51,

from time to time borrow such moneys as may be deemed neces-	s. 53.
sary to enable the Board to carry out and perform the powers,	Cf., Vic., 2653,
authorities, and duties vested in or conferred or imposed on the	a. 51.
Board by this Act, or to redeem by debentures lawfully issued under this Act or any Act hereby repealed.
(2.) The Board shall have power, with the like consent, to issue debentures under the Seal of the Board for the amount so borrowed, with interest thereon at a rate not to excend six per
centum per annum.

1917, No. 13.] Fire Brigades. [7 GEO. V.

(3.) The amount so borrowed shall be a charge upon all

the property and revenue, whether accrued or to accrue, of the

Board.

(4.) Where more than one loan is raised, priority shall de-

pend upon the date of issue, but all debentures forming part of

the same loan shall rank pari passu.

(5.) Such debentures shall be redeemable at such time or

times as may be fixed by the Governor.

(6.) The Governor may make regulations prescribing the form of such debentures, and the conditions on which they may be issued, and the mode in which a sinking fund may be provided for the purpose of paying off such debentures, and the amount or rate of the periodical or other payments to be made into such sinking fund.

(7.) Such sinking fund may be invested in Government

securities under the control of the Minister, or in the purchase

of debentures so issued.

(8.) If the Board at any time makes default in paying any

principal money or interest secured by any debenture or in form- ing a sinking fund under this section, the Minister, if so author- ised by the Governor, shall be entitled to receive from the Colonial Treasurer, and to receive and recover from the local authorities and insurance companies respectively either the whole of the annual contributions which would otherwise have been payable to the Board, or such part thereof as the Governor may determine to be necessary for the purpose of paying any principal money or interest in arrear, or making payments into such sinking fund, and shall apply to such purposes the moneys so received.

(9.) Nothing in this section shall be deemed to take away

any right of action or proceedings which any debenture holder at any time has in respect of the property and revenues 0P-the Board.

(10.) The provisions of this section shall apply in relation to moneys already borrowed by the West Australian Fire Bri- gades Board and the Fire Brigades Board under the Acts hereby repealed.

(11.) The Bills of Sale Act, 1899, and the amendments thereof shall not apply to debentures issued under this Act or any Act hereby repealed.

Audit of accounts 51. (1.) The accounts of all moneys received and disbursed

5A by by the Board shall be audited once at least in every year by the

Vic.,Thro. 2653, s.

Auditor General, who shall have in respect to such accounts all the powers conferred on him by any law now or hereafter to be in force relating to the audit of the public accounts.

(2.) The Board shall, once at least in every year, furnish

'o the Governor a true copy of the accounts so audited as aforesaid,

7 GEO. V.] Fire Brigades. [1917, No. 13.

together with a particular statement of all moneys received and of

the expenditure thereof by the Board.

(3.) Copies of such accounts and of such statements shall, within one month after the making thereof, be laid before both Houses of Parliament if Parliament is then in session, or if not, then within fourteen days after the commencement of the next session of Parliament.

General Pro ViSiOnS.

lished shall conform to the laws affecting such brigades, and shall registered, etc. 52. All brigades already established or hereafter to be estab- Brigades to be

be registered in such manner and subject to such conditions as ibid. , ai 54.

may be prescribed by the regulations, and shall be subject to in-

spection by any member or officer of the Board or of a local com-

mittee.

53.    Forthwith after the coming into operation of this Act, Certain associations

and in the month of January in the year one thousand nine hun- to supply .informa-

deed and seventeen, and in the same month in each year thereafter	tribotne„tos.11Anister.
all brigades shall lodge in the office of the Minister (or if the Gov- ernor so directs in the office of the Board) a copy of their rules or articles of association and a list of their members and execu- tive officers; and from time to time the said brigades shall supply to the Minister or the Board such other information as the Minis- ter or the Board may respectively require.

54.    Any damage to property caused by the Chief Officer or Damage done to be

the deputy or assistant Chief Officer or by any member of any "=?thl° polio'

brigade or by any brigade in the lawful execution of any power Ibis., B. 56.

conferred by this Act shall be deemed to be damage by fire within

the meaning of any policy of insurance against fire covering the

property so damaged notwithstanding any clause or condition to

the contrary in any such policy.

55.    It shall not be lawful for any person to constitute or main- Restriction as to

tain a salvage corps or a fire brigade for the purpose of salvage Ber aghostorp °°: of

of property at fires or of extinguishing fire within any municipal 1009, No. 51,8.59.

district or road district, or at any port or place to which this Act applies outside premises or land owned or used by such person, or at or on which such person is employed, unless such corps o'r brigade is constituted by the Board or is authorised by the Board to act as a salvage corps or fire brigade.

56.    Every turncock employed by a water authority shall forth- Turneocks to attend

with, on any fire occurring within the district allotted to him, fires'

proceed with all possible speed to the fire, and assist by all means Ibid., s. 60.

in his power the ensuring of a copious supply and service of water.

1917, No. 13.] Fire Brigades. [7 GEO. V.

Disconnection of 57.

Every company or person supplying gas or artificial light to any premises on fire shall forthwith send some competent per- son to shut off or disconnect the supply of gas or artificial light to

gas or artificial

light.

Ibid., s. 61. such premises or to any building or land adjoining the same.

Interfering with	58.	Any person who wilfully obstructs or interferes with the
members of the

brigade or damaging	Chief Officer or any member of any fire brigade, or with any
property of Board.	person acting under the authority of the Board or the Chief Officer,

s. 62. or who injures or destroys any building, engine, reel, hose, pipe, ladder, or other thing belonging to the Board, or remains in any building belonging to the Board after being ordered by the Chief Officer to quit the same, or who retains possession of any property belonging to the Board after being ordered by the Chief Officer to give it up, shall be liable to a penalty of not less than two pounds and not exceeding twenty pounds, or to imprisonment for not exceeding six months, and shall also be liable for, and may be ordered to pay, the estimated damage.

Penalty for covering	59.	Any person who wilfully covers up or encloses any fire-
up fire-plugs or

injuring hydrants.	plug so as to render its position difficult of identification, or shall
Ibid., s. 63.	obliterate any mark, sign, or letter used for the purpose of dis- tinguishing the position of any fire-plug, or in any manner injure or tamper with any fire-plug, stand-post, or pillar-hydrant, shall be liable to a penalty not exceeding fifty pounds.
Use of pillar

hydrants Stead 60. No fire hydrant shall be placed on or under the surface of

of fire-plugs.	any street, path, or roadway, except by or with the sanction of the
Mid., s. 64.	Board, but instead thereof proper stand-post or pillar-hydrants shall be fixed in conspicuous places on or near the kerbing of the street or roadway.

Tampering with fire	61.	Any person who tampers or interferes with any fire alarm
alarms and signal.

ling apparatus.	or other signalling apparatus, or gives a false alarm of fire, shall
Ibid., s. 65.	be liable for the first offence to a penalty not exceeding five pounds or seven days imprisonment, and for any such subsequent offence shall be liable to imprisonment for a period not exceeding six months, with or without hard labour, and without the option of a fine.

Failure to deliver	62.	Where any officer, fireman, or other person who has been
up any premises in

occupation by officer	employed by the Board in any capacity, and has resigned or been
or fireman.	discharged, continues to occupy any premises belonging to the
Ibid., a. 664	Board, or to the possession whereof the Board may be entitled, after notice in writing from the Board to deliver up possession thereof, it shall be lawful for any justice of the peace, on the oath of one witness stating such notice to have been given, by warrant under his hand, to order any police constable to enter into such premises, and to remove such officer, fireman, or person, and his

7 Gm. V.] Fire Brigades. [1917, No. 13.

family and servants therefrom, and afterwards to deliver the pos- session thereof to the Board as effectually to all intents and pur- poses as the sheriff having jurisdiction within the place where such premises are situate might lawfully do by virtue of a writ of possession.

63.

The Chief Officer or any officer, servant, or agent of the Board, if authorised in writing by the Board, may enter, and, if

Detention of Board's

property.

necessary, break into any place where any property of the Board

Ibid., s. 07.

is detained contrary to the order of the Chief Officer or of the

Board, and may remove the same.

Any person hindering or obstructing the Chief Officer or any such officer, servant, or agent in so entering or breaking into any such place shall be guilty of an offence against this Act.

64.

Upon the Chief Officer certifying that efficient and valu- able service has been rendered by any brigade or by any member	Rewards to
brigades.
thereof at any fire, the Board may, in its discretion, pay to such	Vie., No. 2653,
brigade by way of bonus or by way of subsidy for such time as	s. 59.
such Board thinks desirable such sum as such Board may by reso- lution determine, and may likewise reward any individual member of any brigade.

65.

(1.) Any person who is not a member of a duly registered fire brigade, or who is not acting under the control or direction of

Removal of persons

not members of

recognised fire

any officer of a brigade, may be ordered by any officer of fire bri-

brigades from

burning premises.

gades or by any member of the police force to withdraw from any

premises then burning or which are threatened by fire, and there-

Ibid., s. 60.

upon such person shall withdraw from such premises.

(2.) If such person neglects or refuses to so withdraw, lie may be forcibly removed by order of any such officer.

The Board, its officers and servants, any local committee, its officers and servants, and any brigade registered under this

As to rights to water

for extinguishing

fires ant for practice,

Act shall have the use of all water mains, water plugs, valves, and

etc.

pipes vested in or belonging to any public or municipal corpora-

Ibid., s. 61.

tion or local body or authority whatsoever, and of all water therein or in any well or tank, free of charge, for the purpose of extin- guishing any fire, or for the purpose of drills, competitions, and practice conducted under the authority of the Board or any local committee.

66.

(1.) Subject to regulations, the Board or any local com- mittee may grant an authority in writing or in print to any person

Penalty for soliciting

contributions for

brigades without

to collect contributions or subscriptions for the purposes of any

authority.

brigade, and may at any time call in or cancel such authority.

Ibid., s. 62.

67.

1917, No. 13.] Fire Brigades. [7 GEO. V.

(2.) Any person not duly authorised in that behalf by the Board or local committee who solicits contributions or subscrip- tions for the purpose of any brigade shall on conviction thereof be guilty of an offence against this Act.

Police to aid fire	68. (1.) Every member of the police force present at any fire shall support and assist the Chief Officer or any officer in charge
brigades.
Ibid., s.	of a brigade in the maintenance of his authority and in enforcing due obedience by all persons to his orders in the execution of his duty.
(2.) All members of the police force are hereby authorised and enjoined to aid fire brigades in the execution of their duties. They may close any street in or near which a fire is burning, and they may of their own motion or on the request of the Chief Officer or officer in charge of a brigade remove any persons who interfere by their presence or otherwise with the operations of the brigade.

Permission for fire 69. No fire brigade demonstration shall be held unless the

brigade domonstra- permission of the Board is first obtained and published in the

tions.

Ibid., s. 64.	Government Gazette.
Board to furnish
information to

70.    The Board shall from time to time furnish the Commis-

Central Board of	sioner of Public Health with information and recommendations
Health.	as to the requirements for the prevention of and escape from fire
Ibid., s. 67.	in hospitals, asylums, theatres, opera-houses, concert-rooms, music or assembly halls, skating-rinks, churches, chapels, or any build- ing, structure, or other place in which numbers of persons are occasionally assembled.
Payment of
expenses where

71.    (1.) The owner of any uninsured house or building, and

house and property	the owner of any uninsured personal property which may be there-
uninsured.	in at the time of a fire therein or thereof, shall (subject to the
Ibid.. s. 68.	limitation in the next subsection) be liable to pay to the Board the approved expenses and charges incurred by any brigade under the
Third Schedule:	control of the Board in attending such fire mentioned in the Third Schedule or such expenses and charges as may be determined by regulation, and in default such expenses and charges may be re- riovered by action or in a summary way.
(2.) The expenses and charges payable by any owner pur- suant to this section shall in no case exceed one-eighth of the actual value of the house, building, or property, and such expenses and charges shall be rateably apportioned between the owner of the uninsured house or building and the owner of the uninsured per- sonal property, according to the respective values of the house or building and the personal property and the amount of the damage caused by the fire.

7 GEO. V.] Fire Brigades. [1917, No. 13.

Provided that the owner of an uninsured house or building the 1909, No. 51, S. 77

full insurable value of which does not exceed fifty pounds shall not (2)•

be liable to pay or contribute to any such expenses or charges

under this or the preceding subsection.

Provided also that the owner of the uninsured personal pro- perty, the full insurable value of which does not exceed thirty pounds, shall not be liable to pay or contribute to any such ex- penses or charges under this or the preceding subsection.

(3.) In any action or proceeding to recover moneys payable

under this section it shall be sufficient to allege that the Board has made a determination fixing the amount payable by the defendant, and the onus of proving the contrary shall be on the defendant.

(4.) In the event of a fire occurring in an uninsured house

or building wherein is personal property which is insured, the whole of the expenses and charges payable under this section shall be borne and paid by the owner of such uninsured house or build- ing, subject however, to the second proviso in subsection two of this section.

(5.) The owner of any uninsured personal property not in

any house or building at the time of a fire of such personal pro- perty shall (subject to the limitation in subsection (2) of this section) be liable, if such fire originated in such personal pro- perty, to pay to the Board the expenses incurred by the fire bri- gades in attending such fire and the charges mentioned in the Third Schedule, and in default such expenses and charges may be recovered by action or in a summary way.

(6.) If any person is wholly insured by an insurance conl_ 1909, No. 51, s. 77 (6

pany carrying on business outside Western Australia and not	)
being a contributory under this Act, such person shall be deemed the owner of an uninsured house or building, and if such person is partially insured as aforesaid he shall be deemed the owner of an uninsured house or building in the proportions which the amount insured by a non-contributing company bears to the whole amount of insurance effected on such house or building.

(7.) The Government shall not, under any circumstances,

be liable to pay the expenses and charges referred to in this

section.

(8.) In this section and in any regulations

"Uninsured house" shall mean a house or building whicll is not insured with an insurance company liable to contribute under this Act:

"Uninsured personal property" shall mean personal property which is not insured with an insurance com- pany liable to contribute under this Act.

No charge shall be levied under this section if the 1909, No. 51, s. 77 (9

(9.)

owner or owners of the house or building or personal property )

1917, No. 13.] Fire Brigades. [7 Gm. V.

satisfies the Board that no insurance company carrying on busi- ness in the district would accept an insurance over such pro- perty at a reasonable rate. The decision of the Board as to what constitutes a reasonable rate shall be final.

(10.) Expenses under this section shall include payments made to men employed at special rates on special occasions.

Powers of agents. 72. Any agent may deduct from any moneys held by him for

Vic., No. 2653, s. 69. any insurance company all expenditure necessarily or properly in-

curred and paid by him under this Act for or in respect of any in- surance company for which he is the agent, or he may in any court of competent jurisdiction recover from any insurance company the amount so incurred and paid.

Power of agents to 73.

Any agent may deduct from any moneys held by him for his principal all charges, costs, or expenses necessarily or properly incurred and paid by him under this Act as owner of any houses,

deduct payments

made for owners,

Ibid., s. 70.

lands, or premises for which he is the agent of such principal, or he may in any court of competent jurisdiction recover from such principal the amount so incurred and paid.

Power of trustees. 74.

Any trustee being owner of any houses, lands, or premises may apply any of the funds under his control in defraying any charges, costs, or expenses necessarily or properly incurred by him under this Act as such owner.

Ibid., s. 71.

Owner to give	75.	(1.) The owner of a house or building where a fire occurs
information as to

insurance.	shall, on being requested so to do by any member of the Board, or
Ibid., s. 72.	by the Chief Officer or any other officer of the Board, inform such member or officer whether such house or building is insured or not, and at the like request shall furnish such member or officer with full particulars of the insurance (if any) thereon, including the name of the company with which the insurance is effected and the amount of such insurance.

(2.) The owner of any personal property which may be in

any house or building or on any premises where a fire occurs, or which may be destroyed or damaged by fire, shall at the like re- quest give the like information and furnish the like particulars as care required to be given with respect to a house or building as hereinbefore provided.

(3.) Any person who refuses to comply with any such re-

quest as aforesaid, or who wilfully gives any false information, or who wilfully gives any incorrect particulars with regard to such insurance as aforesaid, shall on conviction be liable to a penalty not exceeding twenty pounds.

79- GE. o. V.] Fire Brigades. [1917, No. 13.

76.    The Board or the Chief Officer thereof may cause the Debris of fire may

debris and also any building or premises where any fire has oc- be searched.

curred, and every part of such building, to be searched, and may Ibid., s. 73.

remove and keep possession of any materials which may tend to

prove the origin of such fire.

77.     (1.) The Board may make such inquiry as it deems ex- Board may bold

pedient concerning the cause and origin of any fire whereby any inquests as to fires.

house, building, or personal property may have been destroyed Ibid., s. 74.

or damaged.

(2.) For the purposes of any such inquiry each Board shall

have all the powers of a coroner under the Fire Inquiry Act, 1887,

and may hear, receive, and examine evidence.

(3.) Such inquiry shall not be deemed to be in substitution

for any inquiry made by any coroner or justices pursuant to any

law heretofore in force.

Action for recovery

All contributions, whether from any local authority or any insurance company, shall be recoverable by action either in the	of contributions.
Supreme Court or any Local Court, whatever the amount sought	Ibid., s. 75.
to be recovered.

78.

Where an insurance company is not incorporated or has no public officer the proceedings, whether for any contribution or	company may beUnincorporated
sued in name of
any penalty, may be taken against the company in the name of the	manager, etc.
firm or of the manager, secretary, or agent of such insurance com-	Ibid., s. 76.
pany, in which case judgment against such firm, manager, secre- tary, or agent shall bind the property of such insurance company.

79.

All orders, directions, notices, and documents whatever, purporting to be issued or written by or under the direction of the	Documents signed
by president to be
evidence.
Board and purporting to be signed by the president of the Board	Ibid., s. 77.
shall be received as evidence in all courts of law, and shall be deemed to be issued or written by or under the direction of the Board. without further proof unless the contrary be shown.

80.

81.    Any person disobeying or failing to comply with any pro- Penalty for offences.

vision of this Act or the regulations shall be guilty of an offence,	Ibid., s. 78.
and if no penalty be specially provided therefor shall be liable to a penalty not exceeding ten pounds, and to a further penalty of not more than one pound for each day such offence is continued after any conviction therefor.

to this Act or under any regulation made under this Act may be penalties. 82. Any penalty incurred or made payable under or pursuant Recovery of

recovered by any officer of the Board or by any person authorised Ibid., s. 79.

in that behalf by the Board.

1917, No. 13.] Fire Brigades. [7 GEO. V.

Section 2. The First Schedule.

62 Vic. No. 8	..	• • The Fire Brigades Act, 1898.
63 Vie. No. 28 • •	• • The Piro Brigades Act Amendment Act, 1899.
64 Vic. No. 38 • •	• • The Fire Brigades Board Debenture Act, 1900.
No. 23 of 1905 • •	.. The Fire Brigades Act, 1905.
No. 12 of 1909 • •	.. The Fire Brigades Amendment Act, L909.

No. 51 of 1909 • .	• • The District Fire Brigades Act, 1909.
No. 43 of 1911 • •	• • The District Fire Brigades Act Amendment Act, 1911.
No. 55 of 1912 • •	.. District Fire Brigades Act Amendment Act, 1912 (No. 2)
No. 10 of 1913 • .	• . District Fire Brigades Act Amendment Act, 1913.

Section 4. The Second Schedule.

PART I.

Municipal District. Name of Fire District

The City of Perth. Perth Fire District.

PART II.

Municipal District. Road District

Claremont.

Queen's Park.

Cottesloe.

Peppermint Grove.

East Fremantle.

Bayswater.

Fremantle.

Claremont.

Guildford.

Cottes/oe Beach.

Midland Junction.

Melville.

North Fremantle.

Perth. • •

South Perth.

West Guildford.

Subiaco

Victoria P .rk

PART Ill.

Municipal District. Road District

Boulder.	Kalgoorlie.
Coolgardie.	Menzies
Kalgoorlie. ICanowna. Leonora. Norseman.
Southern Cross.

PART IV.

Municipal District. Road District.

Albany.	Beverley.
Bunbury.	Kellerberrin.
Busselton.	Merreclin.
Collie.	Toodyay..
Geraldton.	Greonmount.
Northam.	Swan.
Wagin.	Cue-Day Dawn.
York.	Meekatharra.

Each District under Parts II., III., and IV. to be named the [Name of Municipal or natal District] Fire District, the letters [R.B.] to follow the names of the Perth, Claremont, and

Kalgoorlie Road Districts.

7 GEo. V.] Fire Brigades. [1917, No. 13.

The Third Schedule.

SCALE OF EXPENSES AND CHARGES ALLOWED FOR ATTENDANCE AT ANY FIRE.

s.

For the Chief Officer for first hour ..

For tho Chief Officer per hour for each succeeding hour, day or night 0 101

For use of steam or motor engine	..	..	5	0
For use of manual engine	2 10

For the two first reels in attendance at ally fire	2 10
For each fireman and turncock, when called out to any fire, day or night, for
0 5
For each firoman when called out to any fire, day or night, for the second hour ..	0 3
For each fireman when called out to any fire, day or night, for each succeeding

hour 0 2

For cacti horse, taking a reel to and from any fire, day or night .. 0 10

For cleaning and drying the hose, and taking it to and from the drying yard

after each fire, for each hand reel 0 10

1'or cleaning and drying the hose, and taking it to and from the drying yard after

each fire, for each horse reel .. 0 10

every horse and cart attending any fire 10

For wages for each extra man engaged by the Chief Officer at any fire, day or

night

For the first hour .. 0 2 0

For the second hour .. .. • . U

For each succeeding hour I 0

Dy Authority : FRED. WM. SlionsoN, Government Printer, Perth.