Fire Brigades Act Amendment Act 1977 (Qld)

106 AItiNO VICESIMO SEXTO ELIZA ET AE SECUN D AE R E G INAE No. 1 of 1977 An Act to amend the Fire Brigades Act 1964-1976 in certain particulars .[ASSENTED TO 14TH APRIL, 19771 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-- 1. Short title and citation . (1) This Act may be cited as the fire Brigades Act Amendment Act 1977. (2) The Fire Brigades Act 1964-1976 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the fire Brigades Act 1964-1977.

Fire Brigades Act Amendment Act 1977, No. 11 ' 10"1 2. Commencement . (1) Subject to subsection (2), this Act shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Section 6 shall commence on 1st January 1978. 3. New ss. 12A, 12B, 12C, 12D, 12E. The Principal Act is amended by inserting after section 12 the following sections:- " 12A. Trustees of superannuation scheme. (1) The trustees of the superannuation scheme referred to in section 12 (1) shall be appointed by the Governor in Council by notification published in the Gazette. (2) There shall be five trustees comprising- (a) the chairman of the State Fire Services Council for the time being who shall be chairman of the trustees; (b) the chairman of the Metropolitan Fire Brigades Board for the time being; (c) the chairman of a Fire Brigade Board of a district outside the City of Brisbane nominated by the Queensland Country Fire Brigades Boards Union of Employers; (d) two representatives of contributors to the superannuation scheme nominated by the Minister from a panel consisting of the names of contributors submitted to him, one by each industrial union of employees representing employees of Fire Brigade Boards throughout the State. (3) The Governor in Council may, by notification published in the Gazette, appoint a date on or before which the trustees are to be appointed under this section. The trustees shall be appointed on or before the date so appointed. Upon the first appointment and upon each subsequent appointment of the total number of the trustees, they shall be the trustees of the superannuation scheme and their terms of office as such trustees shall commence on and from the date notification of that appointment is published in the Gazette. (4) The persons who immediately prior to the first appointment of the trustees under this section are trustees of the superannuation scheme shall, upon such appointment, cease to be such trustees but without prejudice to any liability incurred by them in the course of acting as such trustees prior to that appointment. 1211. Tenure of office of trustees. (1) A trustee shall he appointed for a term of three years but, if by the expiration of that term his successor has not been duly appointed, he shall, subject to this Act. hold office until his successor is duly appointed. A trustee shall, if he is otherwise qualified, be eligible for re-t nspoiramr-I1-,t as a trustee. (2' The (lovernor it, Council may at any time remove i ro c office a trustee by notification published in the Gazette.

108 Fire Brigades Act Amendment Act 1977, No. 11 (3) The office of trustee shall become vacant if the trustee- (a) dies; (b) resigns his office by writing signed by him furnished to the Minister; (c) is absent without prior leave granted by the trustees from three consecutive meetings of the trustees of which due notice has been given to him; (d) ceases to be qualified as a trustee; (e) is removed from office as a. trustee by the Governor in Council. (4) Attendance of a trustee at the time and place appointed for an ordinary meeting of the trustees shall be deemed to constitute presence at a meeting notwithstanding that by reason that a quorum is not present no meeting is then and there actually held and the secretary to the superannuation scheme shall enter in the minutes the names of the trustees who so attend. 12C. Casual vacancies , (1) When a vacancy occurs in the office of a trustee before the expiration of his term of office, the Governor in Council may appoint in accordance with section 12A another qualified person as a trustee to fill that vacancy. (2) A person appointed to fill a casual vacancy in the office of a trustee shall hold office for the balance of his predecessor's term of office as a trustee or until he sooner vacates that office and shall if otherwise qualified be eligible for re-appointment. 12D. Failure to nominate . If an industrial union entitled under subsection (2) of section 12A to submit to the Minister the name of a contributor fails within the time specified in a request in writing by the Minister to do so, the Minister may without that submission recommend to the Governor in Council a person who is in the opinion of the Minister a suitable person as a trustee to represent the interests of contributors to the scheme and the person so recommended shall be deemed to be duly nominated under that section. 12E. Powers, functions and duties of trustees. The trustees may exercise the powers and shall perform the functions and duties conferred or imposed upon the trustees of the superannuation scheme by that scheme.". 4. Amendment of s. 19. Section 19 of the Principal Act is amended by adding at the end thereof the following subsection:- " (4) (a) The Minister may at any time appoint persons who are not members of the Council to be deputies of the several members of the Council. (b) A person.appointed as a deputy of a member of the Council shall, in the absence of the member whose deputy he is, attend any meeting of the Council in the stead of that member and whilst so attending shall have and may exercise the powers and authorities and shall perform the functions and duties of a member of the Council.".

Fire Brigades Act Amendment Act 1977, No. 11 109 5. Amendment of s. 23. Section 23 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- " (3) Intervention by Council . Notwithstanding the Industrial Conciliation and Arbitration Act 1961-1976, the Council may intervene at any stage in any proceeding or in any matter in the Court or the Commission constituted under that Act or before an industrial magistrate or the registrar appointed under that Act that affects or is likely to affect a Board. Upon such intervention, the Council shall be deemed to be a party to the proceeding or matter.". 6. Amendment of s. 39 . Section 39 of the Principal Act is amended by- (a) in subsection (1), adding at the end thereof the following paragraph:- For the purposes of this subsection- (a) section 36 (2) (a) (i) shall with all necessary adaptations apply in cases of stock declaration policies of insurance; (b) section 36 (2) (a) (ii) shall with all necessary adaptations apply in cases of maximum loss policies of insurance.": (b) in subsection (2), adding at the end thereof the following paragraph:- For the purposes of this subsection- (a) section 36 (4) (a) shall with all necessary adaptations apply in cases of stock declaration policies of insurance; (b) section 36 (4) (b) shall with all necessary adaptations apply in cases of maximum loss policies of insurance.". 7. Amendment of s. 59. Section 59 of the Principal Act is amended by, in subsection (1), omitting subparagraph (k) and substituting the following subparagraph:- (k) providing for and regulating the charges that may be made and levied by a Board or a Volunteer Fire Brigade- (i) for attending at and controlling a fire or for rendering other services on or in respect of uninsured premises and uninsured property; (ii) for attending at premises or property (whether insured or uninsured) in response to a call arising out of the activation of a fire alarm system in a case where a fire has not occurred, the persons by whom those charges are to be paid and the circumstances under which those charges may be made and levied; ".