Fire Brigades Act Amendment Act 1983 (Qld)

415 ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 33 of 1983 An Act to amend the Fire Brigades Act 1964- 1982 in certain particulars and for related purposes [ASSENTED To 22ND APR IL, 19 ^j

416 Fire Brigades Act Amendment Act 1983, No. 33 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 1983. (2) In this Act the Fire Brigades Act 1964-1979 as amended by the Fire Brigades and Fire Safety Acts Amendment Act1982 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Fire Brigades Act 1964-1983. 2. Amendment of s. 6. Constitution of Boards . (I) Section 6 of the Principal Act is amended in subsection (3) by- (a) in the first paragraph- (i) in provision (b), omitting the word " three " and substituting the word " two "; (ii) in provision (c), omitting the word " two " where it first occurs and substituting the word " three "; (b) omitting the second paragraph and substituting the following paragraph:- " When there are two or more component Local Authorities the Governor in Council may, by Order in Council, assign each member to any one or more of those component Local Authorities in such manner that, with each member representing the Local Authority or group of Local Authorities to which he has been respectively assigned, all component Local Authorities are represented.". (2) Notwithstanding the provisions of the Principal Act as amended by subsection (1)- (a) the members of a Fire Brigade Board holding office at the commencement of this Act by virtue of section 6 (3) (b) or (c) of the Principal Act shall continue to be members of the Board until members take up office pursuant to provision (c) or the expiration of their term of appointment, whichever shall first occur and the Board shall be duly constituted accordingly; (b) at a time and place appointed by a returning officer under the Principal Act, the contributory companies shall elect two representatives (qualified as prescribed in the Principal Act) to be members of the Board; (c) upon- (i) the election of the representatives pursuant to provision (b); or (ii) the first appointed day, whichever is the later, each member of a Fire Brigade Board holding office by virtue of section (3) (b) of the Principal Act

Fire Brigades Act Amendment Act 1983, No. 33 417 shall go out of office and the representatives so elected shall become members of the Board for the balance of the term of the members who go out of office; (d) at any time after the commencement of this Act and before the expiration of the term of appointment current at that commencement of the members of a Board, a component Local Authority or group of component Local Authorities shall appoint a representative (qualified as prescribed in the Principal Act) who upon his appointment shall-- (i) become a member of the relevant Fire Brigade Board for the balance of the terms of the other members of the Board; and (ii) be one of the members by virtue of section 6 (3) (c) of the Principal Act as amended by this section; (e) the provisions of the Principal Act relating to the election or appointment of members of Fire Brigade Boards shall with all necessary adaptations apply to the election or appointment of members under this subsection; (f) a Fire Brigade Board shall continue to be duly constituted notwithstanding the change in membership of the Board pursuant to this subsection. (3) For the purposes of subsection (2), the first appointed day means the day appointed as the first appointed day pursuant to section 30A inserted in the Principal Act by section 5. 3. Amendment of s. 16 . Funds of Board . Section 16 of the Principal Act is amended in subsection (2), in provision (c), by omitting the word " Precepts " and substituting the word " Contributions ". 4. Amendment of s. 29. Funds of the Council . Section 29 of the Principal Act is amended in subsection (2) by- (a) omitting provision (b); (b) in provision (c), omitting the word " Precepts " and substituting the word " Contributions ". 5. New ss . 30A and 30B. The Principal Act is amended by inserting under the heading " PART IV-CONTRIBUTION TO THE BOARDS AND TO THE COUNCIL " and before section 31 the following sections :- " 30A. Appointed days. For the purposes of this Part the Governor may by Proclamation appoint a day in this Part referred to as the first appointed day and in the same or another Proclamation appoint another day in this Part referred to as the second appointed day. 30B. Interpretation . In this Part, unless the contrary intention appears- "dwelling" means a place of family residence, whether or not occupied by the owner, and includes a place of family residence

418 Fire Brigades Act Amendment Act 1983, No. 33 part of which consists of an office or surgery for use by a resident of that place: The term does not include- (a) a building comprising more than four flats or, where part of a building is occupied by the owner or his family, comprising that part and more than three flats; (b) a place of family residence any part of which is used as a retail or wholesale store, cafe, restaurant or any other commercial or trading concern, other than an office or surgery for use by a resident of that place; (c) a building forming part of a farm; " owner ", in addition to its meaning under section 3, includes- (a) a purchaser of land from the Crown, or from any other person or body, under a contract of sale or any other arrangement whereby the purchaser has or is entitled to possession of the land; and (b) such statutory corporations (whether or not representing the Crown) as are prescribed from time to time by Order in Council ; " parcel of land " means every part of an area of land which is separately held by any owner, or any part of an area of land which the Local Authority for the Local Authority Area in which that land is situated determines should be classed as a separate parcel; " prescribed property "- (a) after the first appointed day means- (i) each parcel of land which is used for purposes of a dwelling; (ii) the part or parts of a building or of land comprising a lot within the meaning of the Building Units and GroupTitles Act1980 which lot is used for purposes of a dwelling; (iii) each parcel of land, other than land vested in a Local Authority, which is not actually occupied by any person; and (b) after the second appointed day, such other parcel of land (including a part or parts of buildings or of land comprising a lot shown on a building units plan or group titles plan) within the categories of land as are prescribed from time to time by Order in Council: The term does not include- (c) property vested in a Local Authority for a charitable or public purpose; (d) any property vested in The Corporation of the Director of Aboriginal and Islanders Advancement; and (e) property within the categories of land as are for the time being prescribed by Order in Council not to be prescribed property.".

Fire Brigades Act Amendment Act 1983, No. 33 419 6. Amendment of s. 31 . Budget of Board . Section 31 of the Principal Act is amended in subsection (1) in provision (b) (iii), by omitting the word " Precepts " and substituting the word " Contributions ". 7. Repeal of and new s. 32. Liability to contribute to a Board. (1) The Principal Act is amended by omitting section 32 and substituting the following section:- " 32. Liability to contribute to a Board . The amount of the difference between the estimates of the amount to be disbursed and the amount to be received by a Board during each year established by the budget of that Board as approved pursuant to section 31 shall be contributed- (a) on and from the first appointed day until the second appointed day- (i) as to one-eighth part by the Treasurer; (ii) as to one-sixteenth part by the component Local Authority or, if there is more than one such Authority, the component Local Authorities together; (iii) as to the remainder- (A) as to one-half part thereof by owners of prescribed properties in all districts throughout the State; (B) as to one-half part thereof by the insurance companies and by the owners of property referred to in section 39; (b) on and from the second appointed day- (i) as to one-eighth part by the Treasurer; (ii) as to the remainder by owners of prescribed properties in all districts throughout the State.". (2) Notwithstanding the repeal of section 32 of the Principal Act by subsection (1), the provisions of that section shall continue to apply in all respects until the first appointed day appointed pursuant to section 30A inserted in the Principal Act by section 5. 8. Amendment of s. 33. Budget of the Council . Section 33 of the Principal Act is amended in subsection (1) by- (a) omitting provision (b) (ii); (b) in provision (b) (iii), omitting the word " Precepts " and substituting the word " Contributions ". 9. Repeal of and new s . 34. Liability to contribute to Council. (1) The Principal Act is amended by omitting section 34 and substituting the following section:- " 34. Liability to contribute to Council . (1) The amount of the difference between the estimates of the amount to be disbursed and the amount to be received by the Council during each year

420 Fire Brigades Act Amendment Act 1983, No. 33 established by the budget of the Council as approved pursuant to section 33 shall be contributed- (a) as to a one-eighth part or such other part exceeding a one-eighth part but not exceeding one-quarter parts as is, from time to time, prescribed by Order in Council, by the Treasurer; (b) as to the remainder- (i) on and from the first appointed day until the second appointed day- (A) as to a one-half part thereof by owners of prescribed properties in all districts throughout the State; (B) as to a one-half part thereof by the insurance companies, and by the owners of property referred to in section 39; (ii) on and from the second appointed day, by owners of prescribed properties in all districts throughout the State.". (2) Notwithstanding the repeal of section 34 of the Principal Act by subsection (1), the provisions of that section shall continue to apply in all respects until the first appointed day appointed pursuant to section 30A inserted in the Principal Act by section 5. 10. New ss. 34A, 34B and 34C. The Principal Act is amended by inserting after section 34 as inserted by this Act the following sections:- " 34A. Annual contribution by owners of prescribed properties. (1) During the month of May immediately preceding the first appointed day and during each succeeding month of May, the Governor in Council shall by Order in Council prescribe the amounts of the contribution to be paid pursuant to sections 32 and 34 in respect of the next following financial year by owners of prescribed properties in all districts throughout the State. Differing amounts may be prescribed according to categories of prescribed properties, the use of any prescribed properties, the nature and availability of services by and the facilities of fire brigades servicing properties or upon such other basis or bases as the Governor in Council considers appropriate. (2) As soon as practicable after their prescription by the Governor in Council, the Council shall- (a) give notice in writing to each component Local Authority; and (b) in respect of each .component Local Authority by advertisement published at least once in a newspaper circulating in that Local Authority Area give public notice, of the amounts of contributions payable in respect of the next following financial year by owners of prescribed properties.

Fire Brigades Act Amendment Act 1983, No. 33 421 34B. Annual returns by Local Authorities . To enable the amounts of contributions payable by owners of prescribed properties in respect of each year to be assessed, each component Local Authority shall, before the last day of April immediately preceding the first appointed day and before the last day of April in each successive year or before such other date as the Minister by notification published in the Gazette appoints, furnish to the Council a return in which the Local Authority shall disclose the prescribed particulars relating to properties in all districts within its Local Authority Area that are or will be prescribed properties during the financial year commencing on 1 July of that year and such other particulars as are prescribed. 34C. Local Authorities to collect annual contributions by owners of prescribed properties . (1) Subject to this Part, annual contributions by owners of prescribed properties payable pursuant to sections 32 and 34 shall be paid to the component Local Authority for the Local Authority Area in which the property is situated together with such other amounts as, under this Part, the Local Government Act 1936-1982 or the City of Brisbane Act1924-1982, the Local Authority is authorized to impose in respect of that contribution and the Local Authority shall collect the contribution and such other amounts from the owners of prescribed properties. (2) (a) During the financial year in which contributions by owners of prescribed properties are payable, a component Local Authority shall determine which properties in a district or districts within its Local Authority Area are prescribed properties and shall notify each owner of prescribed property accordingly and of the amount payable to the Local Authority in respect of contributions prescribed in respect of that property. (b) The notice shall specify the total amount payable to a Local Authority in a financial year by an owner being- (i) the amount prescribed to be the annual contribution for that financial year payable by owners of such prescribed property; (ii) the amount of any arrears of annual contribution in respect of that property; and (iii) if the Local Authority so determines, an amount not exceeding 15 per centum of the amount specified in provision (i). (3) The notification pursuant to subsection (2) may be given to an owner of prescribed property- (a) as an item on a rate notice served on the owner under the Local Government Act 1936-1982 or, in the case of Brisbane City Council, the City of Brisbane Act1924-1982; or (b) as a separate notice served on the owner. (4) Where a Local Authority gives notification pursuant to subsection (3) (a) and it is the practice of the Local Authority to serve rate notices on owners at half-yearly or quarterly intervals

422 Fire Brigades Act Amendment Act 1983, No. 33 each such rate notice shall specify as the total amount payable the sum of- (a) one-half or, as the case may be, one fourth of the amounts specified in subsection (2) (b) (i) and (iii) ; and ( b) the amount specified in subsection (2) (b) (ii). (5) A notification given by a Local Authority to an owner of prescribed property pursuant to subsection (3) (b) shall be deemed to be a rate notice for general rates issued to an owner under the Local Government Act 1936-1982 or, in the case of Brisbane City Council, the City of Brisbane Act1924-1982. (6) An owner of property who receives notification from a Local Authority pursuant to subsection (2) that the property has been determined to be prescribed property is liable to pay all amounts payable by owners of such prescribed property in respect of that financial year in which the notification is received notwithstanding that during that year the property concerned is not or ceases to be prescribed property. (7) (a) The amount specified as an item on a rate notice pursuant to subsection (3) (a) or specified in a notification given pursuant to subsection (3) (b) as the amount payable to a Local Authority by an owner of property shall be deemed to be a rate levied by the Local Authority upon the owner of property under the authority of the Local Government Act 1936-1982 or, in the case of Brisbane City Council, the City of Brisbane Act1924-1982 and the provisions of Part X of the Local Government Act 1936-1982 (and, in the case of Brisbane City Council, in addition, section 44 of the City of Brisbane Act1924-1982 and any Ordinances made thereunder other than provisions relating to allowances of discounts to persons liable to pay rates) relating to general rates, with all necessary adaptations and subject to paragraph (b), apply as if the amount specified were a general rate. (b) In the application of Part X of the Local Government Act 1936-1982 as provided in paragraph (a)- (i) subsections (1) (i) (a) and (b), (1) (v), (2), (3A), (4), (5), (7A), (8) (i), (11) (vii) of section 27 do not apply; (ii) subsection (1) (iv) of section 27 shall be read and construed so that rates made and levied under the Local Government Act 1936-1982 or, in the case of Brisbane City Council the City of Brisbane Act1924-1982 shall be and remain in priority to amounts payable under this section; (iii) the term " rate " or " rates " shall be deemed to include the amount of contribution required by a Local Authority to be paid by owners of prescribed properties under this Part. (8) Subject to this Part, moneys received or recovered by a component Local Authority from owners of prescribed properties pursuant to this Part shall be paid into and form part of- (a) in the case of moneys received or recovered by Brisbane City Council, the City Fund established under the City of Brisbane Act1924-1982; and

Fire Brigades Act Amendment Act 1983, No. 33 423 (b) in the case of moneys received or recovered by any other Local Authority, the general fund established by the Local Authority under the Local Government Act 1936-1982, and the provisions of those Acts relating to such funds, subject to this Part, apply thereto. (9) Where the amount specified in a notice given to an owner of prescribed property under this section includes an amount referred to in subsection (2) (b) (iii) and the owner pays the whole of the amount specified in the notice together with any arrears in respect of the property to which the notice relates- (a) within 30 days after notice given to him to pay that firstmentioned amount, the Local Authority shall allow to him a discount of the whole of the amount indicated pursuant to subsection (2) (b) (iii); (b) within 60 days after notice given to him to pay that firstmentioned amount, the Local Authority may allow to him a discount of one-half of the amount indicated pursuant to subsection (2) (b) (iii). (10) During the months of December and May of each year, each component Local Authority shall pay out of the general fund of the Local Authority or, in the case of Brisbane City Council, out of the City Fund to the Council an amount equal to the total amounts paid to the Local Authority by owners of prescribed properties under this Part (including the amount of any interest paid thereon by those owners) less- (a) the amount of any payments previously paid to the Council under this subsection; (b) the amount of any discounts not allowed to owners of prescribed properties under subsection (9) in respect of those payments ; and (c) in respect of each prescribed property the prescribed collection fee for each financial year in respect of which the owner has satisfied his liability to payment to the Local Authority under this Part. Each payment by the Local Authority shall be accompanied by the prescribed return. (11) When in respect of any prescribed property any annual contribution by the owner thereof under this Act has remained unpaid for three years or longer, and the relevant component Local Authority has not taken action under the Local Government Act 1936-1982 to recover that contribution or has not been successful in recovering that contribution, the Council shall be entitled to recover against the owner the total amount of contributions prescribed by Order in Council to be payable and unpaid by the owner together with interest at the maximum rate for the time being prescribed under the Local Government Act 1936-1982 in respect of unpaid rates, in any court of competent jurisdiction.

424 Fire Brigades Act Amendment Act 1983, No. 33 The Council may also take any action that a Local Authority may take (including the selling of land) to recover unpaid rates and for those purposes the amount outstanding shall be deemed to be rates outstanding to the Council for 3 years or longer and the Council, the Chairman of the Council and the common seal of the Council shall be deemed under that Act to be a Local Authority, the Chairman or Mayor of a Local Authority and, as the case may be, the common seal of a Local Authority.". 11. Amendment of s. 35. Apportionment of total annual contribution between contributory companies and owners of property . Section 35 of the Principal Act is amended by- (a) in provision (a), after the word " districts " inserting the words ", other than fire insurance in respect of prescribed properties,"; (b) in provision (b), after the words " their property " inserting the words ", other than prescribed property,". 12. Amendment of s. 36. Apportionment of contribution amongst contributory companies . Section 36 of the Principal Act is amended by- (a) in subsection (1), after the words " fire insurance " inserting the words ", other than fire insurance in respect of prescribed properties,"; (b) in subsection (3), in paragraph (a), after the words " fire insurance " inserting the words ", other than fire insurance in respect of prescribed properties,". 13. Amendment of s. 38. Contribution by new contributory company. Section 38 of the Principal Act is amended by- (a) in subsection (2), in the first paragraph, after the words " fire insurance " inserting the words ", other than fire insurance in respect of prescribed properties,"; (b) in subsection (3), after the words " fire insurance " inserting the words ", other than fire insurance in respect of prescribed properties,". 14. New s. 38A. The Principal Act is amended by inserting after section 38 the following section:- " 38A. Owners of prescribed properties not liable to contribute towards contributory companies ' contributions . (1) A contributory company shall not require an owner of prescribed property in a district to pay and the owner shall not be liable to pay as part of a premium for fire insurance in respect of that property any amount referrable to the amount payable by the contributory company under section 32 or 34. (2) Upon production by the owner of prescribed property of a notice, issued by a component Local Authority under section 34c, to an insurance company with whom he has fire insurance in respect of that property, the insurance company shall reduce the premium charged in respect thereof by or if already paid refund to the owner, an amount equal to the amount referrable to the contribution payable by the insurance company under sections 32 and 34 during the period when that property is prescribed property.".

Fire Brigades Act Amendment Act 1983, No. 33 425 15. Amendment of s. 39. Apportionment of contribution amongst owners of property . Section 39 of the Principal Act is amended by- (a) in subsection (1), after the words " relating to property " inserting the words ", other than prescribed property,"; (b) in subsection (2), after the words " every owner of property inserting the words ", other than prescribed property,". 16. Amendment of s. 41 . Method of obtaining payment of total annual contribution . Section 41 of the Principal Act is amended by- (a) omitting from the note appearing in and at the beginning of the section the words " total annual contribution " and substituting the words " annual contributions by contributory companies and owners of property "; (b) in subsection (1), after the word " property " where it twice occurs, inserting the words ", other than prescribed property," in each case; (c) in subsection (2)- (i) in the first paragraph, after the word " property " where it first occurs, inserting the words " other than prescribed property,"; (ii) in the second paragraph, in provision (iii), inserting after the word " two " the words " or three "; (iii) in the proviso to the second paragraph- (A) omitting the word " the " occurring before the word " provisional " and substituting the word " a "; (B) after the word " first " inserting the words " or second "; (C) after the words " the second " inserting the words " or, as the case may be, third "; (d) in subsection (3)- (i) in the third paragraph, after the word " property ", inserting the words ", other than prescribed property,"; (ii) in the fifth paragraph, after the word " property ", inserting the words ", other than prescribed property,"; (iii) in the sixth paragraph, after the word " property ", inserting the words ", other than prescribed property,"; (e) in subsection (6), in the second paragraph- (i) omitting the words " both a " and substituting the words " one or more than one "; (ii) inserting after the words " virtue of " the word " any ". 17. Amendment of s. 42 . " The Fire Brigades Precepts Trust Fund ". Section 42 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the word " Precepts " and substituting the word " Contributions "; (b) omitting subsection (1) and substituting the following subsection:- " (1) The fund continued in existence and maintained in the Treasury under the title " The Fire Brigades Precepts Trust Fund " for the purposes of this Act shall continue in existence and shall be so maintained under the title " The Fire Brigades Contributions Trust Fund ".

426 Fire Brigades Act Amendment Act 1983, No. 33 A reference in any Act to The Fire Brigades Precepts Trust Fund shall be read and construed as a reference to The Fire Brigades Contributions Trust Fund."; (c) after subsection (2), inserting the following subsection:- " (2A) All amounts paid to the Council by component Local Authority in respect of annual contributions payable by owners of prescribed properties shall be deposited in the Treasury to the credit of The Fire Brigades Contributions Trust Fund."; (d) in subsection (3)- (i) in provision (a), after the word " property " inserting the words "(including owners of prescribed property)"; (ii) in provision (b), after the word " property " inserting the words "(including owners of prescribed property)". 18. Repeal of s. 46 . Contribution to Council by Local Authorities. The Principal Act is amended by omitting section 46. 19. Amendment of s. 59. Power to make regulations . Section 59 of the Principal Act is amended in subsection (1), by omitting provision (d) and substituting the following provision:- "(d) providing for and regulating the form and manner in which contributory companies, component Local Authorities and owners of property, other than prescribed property, who are subject to Part IV shall prepare and furnish returns and prescribing the particulars to be furnished in those returns;".