Fire Brigades Act Amendment Act 1973 (Qld)

493 ANNO \JICESIMO SECU N DO ELIZABETHAE REG IN AE An Act tt [ASSENTED TO 25TH OCTOBER, 1973j BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the ivice and conse°'k of the Legislative Assembly of Queensland in Parli, -r. nt assembled, ,,.' by the authority of the same, as follows:- 1. ; ' itle an - , (1) This Act may be cited as the Fire Brigades Act Amendment Act 1973. (2) The Fire Brigades Act 19 64- 1971 is in this Act referred to as the Principal Act.

494 P ire Brigades Act Amendment Act 1973, No. 57 (3) The Principal Act as amended by this Act may be cited as the Fire Brigades Act 1964-1973. 2. Amendment of Sch. It r. 5. Schedule It to the Principal Act is amended by, in rule 5- (a) inserting after the word " which ", where it occurs in the general words at the commencement of subrule (1), the words ", unless the Governor in Council orders as prescribed by subrule (4),"; (b) omitting provision (b) of subrule (1) and substituting the following provision:- (b) a representative of the Board concerned who- (i) shall be appointed by that Board or, if that Board fails to appoint a duly qualified representative at least fourteen days before the date appointed for the hearing of the appeal, by the Minister; (ii) shall not, in any case, be a member of the Board that made the appointment or imposed the punishment to which the appeal relates;" (c) adding at the end of the rule the following subrules:- " (3) In this rule the expression " industrial union of employees " means a trade union within the meaning of The Industrial Conciliation and Arbitration Acts 1961 to 1954 that is at the material time registered as an industrial union of employees under those Acts. (4) Notwithstanding the foregoing provisions of this rule, if- (a) at any stage of an appeal; or (b) where proceedings in an appeal had by an Appeal Board are quashed by order of any court, the Governor in Council is satisfied that it is unlikely that the appeal will be disposed of in a fair and proper manner by an Appeal Board constituted as prescribed by subrule (1) he may order that the appeal shall be heard and determined by an Appeal Board constituted by a Judge of District Courts sitting alone and, where he does so order the appeal shall be heard and determined by an Appeal Board so constituted. The Governor in Council may appoint any Judge of District Courts to constitute an Appeal Board to hear and determine an appeal to which an order made under this subrule relates and the Judge so appointed shall, for the purposes of this schedule, be deemed to be chairman of the Appeal Board. Rule 10 of this schedule does not apply with respect to an appeal to be heard by an Appeal Board constituted as prescribed by this subrule.

Fire Brigades Act Amendment Act 1973 , No. 57 495 In this subrule the term " appeal " includes an appeal instituted before the passing of the Fire Brigades Act Amendment Act 1973.