Fire Brigades Act Amendment Act 1985 (Qld)

1317 ( ueen5L nth ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 83 of 1985 An Act to amend the Fire Brigades Act 1964-1985 in certain particulars [ASSENTED TO 29TH NOVEMBER, 1985)

1 118 Fire Brigades Act Amendment Act 1985, No. 83 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. This Act may be cited as the Fire Brigades Act Amendment Act 1985. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Subject to subsection (1), this Act or the provisions thereof specified by Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Citation. (1) In this Act the Fire Brigades Act 1964-1985 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Fire Brigades Act 1964-1985. 4. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by- (a) omitting the definition "Contributory company"; (b) omitting the definition "Total annual contribution". 5. Amendment of s. 6 . Constitution of Boards . Section 6 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting the expression "(a)" occurring after the expression "constituted -" and substituting the expression "(c)"; (ii) omitting the expression "(b)" occurring after the expression "district is constituted; and" and substituting the expression "(d)"; (b) in subsection (3)- (i) at the beginning of the subsection, omitting the word "A" and substituting the words "When first constituted after the commencement of section 5 of the Fire Brigades Act Amendment Act 1985 and thereafter, a "; (ii) in paragraph (a), omitting the words "two members" and substituting the words "four members of whom one shall be a person recommended by the Minister pursuant to subsection (4)"; (iii) omitting paragraph (b); (iv) redesignating paragraph (c) as paragraph (b); (c) in subsection (3A)- (i) at the beginning of the subsection, omitting the word "A" and substituting the words "When first constituted after the commencement

Fire Brigades Act Amendment Act 1985, No. 83 1319 of section 5 of the Fire Brigades Act Amendment Act 1985 and thereafter, a"; (ii) in paragraph (a), omitting the words "two members" and substituting the words "three members of whom one shall be a person recommended by the Minister pursuant to subsection (4)"; (iii) omitting paragraph (b); (iv) redesignating paragraph (c) as paragraph (b); (d) omitting subsection (4) and substituting the following subsection:- "(4) The Insurance Council of Australia shall, within such time as is determined by the Minister, from time to time submit to the Minister a list of names of persons who, in the opinion of that Council, are representative of the insurance industry for the purpose of the making by the Minister of his recommendation as mentioned in subsection (3) (a) or, as the case may be, subsection (3A) (a). If the Insurance Council of Australia fails to submit a list of names pursuant to this subsection, the Minister shall recommend a person for appointment as member.". 6. Amendment of s. 7. Section 7 of the Principal Act is amended by- (a) omitting the note appearing in and at the beginning of subsection (1); (b) omitting subsection (1); (c) in subsection (4), omitting the second paragraph; (d) in subsection (5)- (i) omitting the words "the contributory companies or" where first occurring; (ii) omitting the words "contributory companies or, as the case may be,". 7. Amendment of s. 11 . Section 11 of the Principal Act is amended by omitting subsections (4) and (5) and substituting the following subsections:- "(4) This section does not apply to a person holding office as chief officer or deputy chief officer. (5) The provisions of this section, other than subsection (3), do not apply to a person who holds any office prescribed by Order in Council made for the purpose of this subsection.".

1320 Fire Brigades Act Amendment Act 1985, No. 83 8. Amendment of s. 11A. Service with a Board deemed continuous with prior service with another Board in certain cases . Section I I A of the Principal Act is amended by- (a) in subsection (1), omitting from the definition "officer" the words "and cadet fireman" and substituting the words ", cadet fireman, clerk and other employee"; (b) in subsection (2)- (i) redesignating paragraphs (d) and (e) as paragraphs (f) and (g) respectively; (ii) omitting paragraphs (b) and (c) and substituting the following paragraphs:- "(b) If an officer required to give a notice pursuant to paragraph (a) had, when his resignation from the former employing Board took effect, insufficient service with that Board to entitle him to long service leave or any payment in lieu of long service leave, the secretary of the former employing Board, upon receipt of that notice, shall forthwith forward to the presently employing Board all records relating to the officer's service with the former employing Board. (c) If an officer required to give a notice pursuant to paragraph (a) was, when his resignation from the former employing Board took effect, entitled to any payment in lieu of long service accrued during his service with that Board, he shall, in that notice, advise that- (i) he wishes to receive such payment, in which case the former employing Board shall forthwith make such payment; or (ii) he wishes to retain his entitlement in respect of long service leave, in which case the secretary of the former employing Board shall forthwith forward to the presently employing Board all records relating to the officer's service with the former employing Board. (d) Upon an officer to whom paragraph (b) or (c) (ii) refers duly giving notice pursuant to this section, the entitlements of the officer to long service leave and to payments in respect of long service leave shall be determined as follows:- (i) service with the former employing Board shall be deemed to be service with the presently employing Board and continuous with any service with the presently employing Board; (ii) in respect of an officer to whom paragraph (c) (ii) refers, long service leave taken by him and payments made to him in respect thereof during service with the former employing Board shall be deemed to have been taken and made during service with the presently employing Board.

Fire Brigades Act Amendment Act 1985, No. 83 1321 All payments thereafter made to the officer in respect of long service leave accrued during service with either Board shall be made by the presently employing Board. (e) For the purpose of determining the entitlement-to long service leave of an officer to whom paragraph (c) (i) refers in respect of the service of that officer with the presently employing Board, the period for which the officer was in the service of the former employing Board shall be disregarded.". 9. Amendment of s. 16 . Funds of Board . Section 16 of the Principal Act is amended by, in subsection (2), omitting from paragraph (c) the words "The Fire Brigades Contributions Trust Fund" and substituting the words "the State Fire Services Trust Fund". 10. Amendment of s. 16A . Trust Fund . Section 16A of the Principal Act is amended by- (a) in subsection (2)- (i) omitting paragraph (b); (ii) redesignating paragraph (c) as paragraph (b); (b) adding at the end of the section the following subsection:- "(4) All moneys on account of long service leave held by a Board in a Trust Fund pursuant to this section immediately prior to the commencment of section 8 of the Fire Brigades ActAmendment Act 1985, shall, upon that commencement, be transferred to the Fire Brigade Fund of that Board.". 11. Amendment of s. 23c. Suspension of employees . Section 23c of the Principal Act is amended by, in subsection (1), omitting the expression "(3)" occurring after the expression "section 24". 12. Amendment of s. 23D. Employee of Minister not to accept additional remuneration . Section 23D of the Principal Act is amended by omitting the expression "(3)" occurring after the expression "section 24". 13. Amendment of s. 24 . Appointment of officers . Section 24 of the Principal Act is amended by- (a) omitting subsections (1), (2) and (3) and substituting the following subsections:- "(1) The Minister may, from time to time, appoint- (a) such fire officers and other technical officers as he considers necessary for the purposes of this Act; (b) a Chief Inspector of Fire Services and such inspectors of fire services as he considers necessary for the purposes of this Act; and (c) such other officers as he considers necessary to enable him to properly administer this Act.

I322 Fire Brigades Act Amendment Act 1985, No. 83 (2) A person appointed pursuant to subsection (1) shall be employed on such terms and conditions and be paid such remuneration as may, from time to time, be provided in any industrial award or industrial agreement applicable with respect to that person or, where there is no such industrial award or industrial agreement, as may, from time to time, be determined by the Minister with the approval of the Public Service Board. (3) The Minister may make By-laws not inconsistent with this Act, in respect of officers appointed by him pursuant to this section (whether appointed before or after the commencement of section 13 of the Fire Brigades Act Amendment Act 1985), in relation to all or any of the following purposes:- (a) the duties of officers and the terms and conditions of their service in so far as such matters are not provided for in any terms and conditions such as are referred to in subsection (2); (b) the discipline of any officer by way of dismissal, reduction to a lower rank or rating. an order that a sum not exceeding $100 be deducted by way of penalty from the salary of the officer for each act or omission in respect of which disciplinary action is being taken, caution or reprimand. (4) A By-law made by the Minister pursuant to subsection (3) shall not have any force or effect unless it is approved by the Governor in Council and published in the Gazette. (5) All officers of the Public Service of Queensland appointed pursuant to section 24 (1) prior to the commencement of section 13 of the Fire Brigades Act Amendment Act 1985 shall, upon that commencement, continue to be officers of the Public Service without loss of remuneration or other entitlements."; (b) renumbering subsections (3A), (3B) and (4) as subsections (6), (7) and (8) respectively; (c) in subsection (6), as renumbered by paragraph (b)- (i) omitting the words "subsection (3) of"; (ii) omitting the words "(he being hereby authorized to make such By-laws in respect of such persons)"; (d) in subsection (7), as renumbered by paragraph (b), omitting the words "subsection (3) of' where twice occurring; (e) in subsection (8), as renumbered by paragraph (b), omitting the words "the last preceding subsection" and substituting the words "this section". 14. Amendment of s. 26. Authority to perform functions of the Minister . Section 26 of the Principal Act is amended by, in subsection (2), omitting from paragraph (a) the words "or pursuant to an exercise

Fire Brigades Act Amendment Act 1985, No. 83 1323 of power conferred upon the Minister pursuant to subsection (2) of section twenty-three of this Act". 15. Amendment of s. 27. Minister ' s powers with respect to districts and Boards . Section 27 of the Principal Act is amended by, in subsection (1), omitting from provision (e) (ii) the words "for triennial constitution of such a Board contained in section six of this Act" and substituting the words "of section 6 and any direction given by the Governor in Council pursuant to subsection (2) (b) of this section". 16. Amendment of s. 28 . Protection of Minister and person acting with his authority . Section 28 of the Principal Act is amended by omitting from subsection (2) all words from and including the words "or to exonerate" to the end of the subsection. 17. Repeal of s. 29. The Principal Act is amended by repealing section 29 and substituting the following section:- "29. State Fire Services Trust Fund . (1) Upon the commencement of section 17 of the Fire Brigades Act AmendmentAct 1985- (a) the State Fire Services Trust Fund maintained in the Treasury prior to that commencement shall continue to be maintained therein under that title; (b) all moneys held, immediately prior to that commencement, in The Fire Brigades Contributions Trust Fund maintained in the Treasury shall be transferred to the State Fire Services Trust Fund; and (c) a reference in any Act to- The Fire Brigades Contributions Trust Fund; The State Fire Services Council Trust Fund maintained in the Treasury prior to the commencement of the Fire Brigades Act and Other Act Amendment Act 1984; or The Fire Brigades Precepts Trust Fund maintained in the Treasury prior to the commencement of the Fire Brigades Act Amendment Act 1983, shall be read and construed as a reference to the State Fire Services Trust Fund. (2) There shall be paid into the State Fire Services Trust Fund- (a) contributions received from the Treasurer pursuant to sections 32 and 34; (b) amounts received by the Minister from component Local Authorities in respect of contributions paid by

1324 Fire Brigades Act Amendment Act 1985, No. 83 owners of prescribed properties pursuant to sections 32 and 34; (c) all moneys paid to the Minister in the course of or on account of the discharge of his functions under this Act or the Fire Safety Act 1974-1985; and (d) all other moneys directed or permitted by this Act to be paid into the Fund. (3) There shall be paid from the State Fire Services Trust Fund- (a) amounts appropriated to the use of Boards pursuant to this Act; (b) the salaries, allowances and expenses of persons appointed by the Minister pursuant to this Act; and (c) all expenses incurred or moneys payable by or on behalf of the Minister for the purposes of this Act or the Fire Safety Act 1974-1985. (4) If the State Fire Services Trust Fund contains a surplus or shows a deficit in any year, the Minister shall take such surplus or deficit into account in the preparation of his budget and the budgets of Boards for the next succeeding year.". 18. Amendment of s. 31 . Budget of a Board . Section 31 of the Principal Act is amended in subsection (1) by, in paragraph (b), omitting provision (iii) and substituting the following provision:- "(iii) the State Fire Services Trust Fund;". 19. Amendment of s. 33. Budget of the Minister. Section 33 of the Principal Act is amended by- (a) in subsection (1), in paragraph (b), omitting provision (iii) and substituting the following provision:- "(iii) the State Fire Services Trust Fund;"; (b) in subsection (3), omitting the words ", whether or not it has been amended pursuant to this subsection,"; (c) omitting subsections (4) and (5) and substituting the following subsections:- "(4) Subject to subsection (5), the Minister shall confine the disbursements throughout a year within the items and amounts contained in the budget for that year as approved by the Governor in Council. (5) If, during any year, it appears to the Minister that an extraordinary circumstance has arisen that requires the making of a disbursement in that year that was not provided for in the budget for that year or that exceeds the amount estimated in

Fire Brigades Act Amendment Act 1985, No. 83 1325 respect of that disbursement in the budget for that year, the Minister may make the disbursement or excess disbursement: Provided that if the making thereof would result in the Minister's exceeding the total amount of the items of expenditure approved in the budget for the year in question (excluding the amount provided for in that budget by way of disbursement for the first two months of the next succeeding year), the Minister shall obtain the approval of the Governor in Council before making the disbursement or excess disbursement.". 20. Amendment of s. 34A . Annual contribution of owners of prescribed properties . Section 34A of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the words "each succeeding month of May" the words "(or as soon thereafter as is , in the circumstances, practicable)"; (ii) inserting after the words "next following financial year" the words "(or, if an Order in Council is not made until after the commencement of the financial year to which it relates, in respect of that financial year)"; (b) omitting subsection (2) and substituting the following subsections:- "(2) As soon as practicable after their prescription by Order in Council, the Minister shall give notice in writing to each component Local Authority of the amounts of contributions payable in respect of the financial year to which the Order in Council relates by owners of prescribed properties. (3) It is hereby declared that- the Order in Council of 6 June 1985, published in the Gazette on 8 June 1985 at pages 1979 and 1980; and the Order in Council of 20 June 1985, published in the Gazette on 22 June 1985 at page 1393, purporting to be made pursuant to this Act before the commencement of the Fire Brigades Act Amendment Act 1985 are rescinded. (4) The Order in Council made on 8 August 1985 and published in the Gazette on 10 August 1985 at pages 2253, 2254 and 2255, to the extent that it purports to prescribe- (a) the bases to be used for the calculation of the amounts of contributions to be paid pursuant to sections 32 and 34 by the owners of prescribed properties in respect of the financial year that commenced on 1 July 1985; and (b) the amounts of contributions as so calculated payable in respect of that financial year,

132 Fire Brigades Act Amendment Act 1985, No. 83 shall be deemed to be as effectual as if made during May 1985, as required by subsection (1) prior to the amendment of that subsection by section 20 of the Fire Brigades Act AmendmentAct 1985. (5) Notwithstanding the provisions of section 34A (1), to the extent that the Order in Council referred to in subsection (4) does not prescribe the amounts of contributions to be paid pursuant to sections 32 and 34 by owners of prescribed properties in respect of the financial year commencing 1 July 1985, Orders in Council may be made prescribing therefor and any Order in Council so made shall be as effectual as if made during May 1985, as required by subsection (1) before the amendment of that subsection by section 20 of the Fire Brigades Act Amendment Act 1985.", 21. Amendment of s. 34c. Local Authorities to collect annual contributions by owners of prescribed properties . Section 34c of the Principal Act is amended by- (a) adding at the end of subsection (2) the following paragraphs:- "(c) A person aggrieved by a determination of a Local Authority pursuant to this subsection may appeal to the Minister therefrom by notice in writing lodged with the permanent head of the department for the time being administered by the Minister stating the grounds of the appeal and the Minister may require the appellant or the Local Authority to provide him with such further information as he considers relevant for the purpose of determining the appeal. (d) The Minister may allow or reject any appeal referred to in paragraph (c) and, if he allows an appeal, the Local Authority concerned shall revoke or, as the circumstances require, amend the notice given to the appellant pursuant to paragraph (b). (e) The Minister's decision in respect of any such appeal shall be final and conclusive."; (b) in subsection (10)- (i) omitting the words "Fire Brigades Contributions Trust Fund" and substituting the words "State Fire Services Trust Fund"; (ii) omitting paragraph (c) and substituting the following paragraph:- "(c) in respect of each prescribed property, the total of the fees that the Local Authority has retained pursuant to subsection (1 OA) together with any such fees that the Local Authority is authorized by this Act to retain."; (c) inserting after subsection (10) the following subsection:- "(10A) Where a Local Authority gives to the owner of a prescribed property- (a) a notice under this section specifying the total amount payable pursuant to this Part in respect of that

Fire Brigades Act Amendment Act 1985, No. 83 1327 property for the financial year to which the notice relates; or (b) the last of a number of notices under this section, which notices specify all of the amounts payable pursuant to this Part in respect of that property for the financial year to which the notices relate, the Local Authority may retain from any money received from owners of prescribed properties pursuant to this Part such amount by way of a collection fee as is prescribed.". 22. Repeal of ss. 35 and 36. The Principal Act is amended by repealing sections 35 and 36 and substituting the following section:- " 35. Treasurer to be advised of amounts payable to Boards. (1) The permanent head of the Department for the time being administered by the Minister shall, in respect of each year, advise the Treasurer of- (a) the amount of contribution payable by the Treasurer to each Board pursuant to section 32 and to the Minister pursuant to section 34; (b) all other amounts to be paid to Boards or to the Minister from the State Fire Services Trust Fund, and the Treasurer shall, subject to appropriation by Parliament, make all such amounts available for payment at such time and in such manner as notified by the permanent head.". 23. Amendment of s. 37. Powers of inspection of records . Section 37 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from paragraph (a) the words "a contributory company or an insurance broker or its or his agent or attorney" and substituting the words "a Local Authority"; (ii) omitting from paragraph (b) the words "the business of the company or broker" and substituting the words "the performance or discharge by the Local Authority of its duties and functions under this Act"; (b) in subsection (2), omitting all words preceding paragraph (a) and substituting the following words:- "The person who has custody of or control over any books, accounts or records (such as are referred to in subsection (1) (b)) of a Local Authority shall-"; (c) adding after subsection (3) the following subsection:- "(4) Notwithstanding the provisions of any other Act, no fee shall be charged in respect of the exercise, by a person authorized for the purposes of subsection (1), of any of the powers referred to in that subsection.".

1128 Fire Brigades Act Amendment Act 1985, No. 83 24. Repeal of ss. 38 to 43. The Principal Act is amended by repealing sections 38 to 43, both inclusive. 25. Amendment of s. 59 . Power to make regulations . Section 59 of the Principal Act is amended by, in subsection (1)- (a) omitting from paragraph (d) the words "contributory companies," and the words "and owners of property, other than prescribed property, who are subject to Part IV"; (b) in paragraph (k)- (i) omitting from provision (i) the words "uninsured premises and uninsured property" and substituting the words "property (whether real or personal) other than the rendering of any such service on or in respect of prescribed property"; (ii) omitting from provision (ii) the words "premises or property (whether insured or uninsured)" and substituting the words "a place (whether or not that place is or is situated on prescribed property)"; (c) omitting from paragraph (1) the words "of the Council and" where first occurring and the words "the Council and" where secondly occurring. 26. Amendment of s. 60. Penalty provisions . Section 60 of the Principal Act is amended by, in subsection (2), omitting from paragraph (a) the. words "sections thirty-six, thirty-seven or thirty-nine" and substituting the expression "section 37". 27. Amendment of Schedule I. Schedule I to the Principal Act is amended by- (a) omitting Part I; (b) in Part III- (i) in rule 3- (A) omitting paragraph (b); (B) redesignating paragraph (c) as paragraph (b); (C) omitting all words from and including the words "In nominating" to and including the words "by whatever name called."; (ii) in rule 5, omitting subrule (1) and substituting the following subrules:- "(1) Chairman . The Governor in Council shall appoint one of the members of a Board to be Chairman thereof. The Chairman shall preside at every meeting at which he is present. (IA) A person who, immediately before the commencement of section 27 of the Fire Brigades Act Amendment Act 1985, holds office as Chairman of a Board shall, upon that

Fire Brigades Act Amendment Act 1985, No. 83 1329 commencement, continue to hold that office as though that section had not been enacted."; (iii) in rule 18, omitting subrule (1 B) and substituting the following subrule:- "(1 B) Where an employee is suspended pursuant to this rule and the Board , in respect of the cause of suspension , deals with the employee by dismissing him, reducing his rank or rating, or fining him, no remuneration shall be paid to the employee for any part of the period during which he was suspended unless- (a) upon appeal against such punishment , the Appeal Board makes an order other than one resulting in the dismissal of the employee, the reduction of his rank or rating , or the imposition of a fine; or (b) the Board, with the approval of the Minister, otherwise orders."; (iv) in rule 22, in subrule (2), inserting in paragraph (s) after the words "that may assist in" the expression "preventing,"; (v) in rule 23, adding at the end of subrule (1.A) the following paragraph:- "Notwithstanding the provisions of this subrule, where the fire has occurred on prescribed property, or the owner of prescribed property has received benefit from services rendered in respect of adjacent premises or property, the owner of that prescribed property shall not be liable to pay the whole or any part of the prescribed charges."; (vi) in rule 28- (A) in the note appearing in and at the beginning of the rule, omitting the words " in uninsured premises or property " and substituting the words " on property that is not prescribed property"; (B) in subrule (1), omitting the words "uninsured premises or uninsured property", occurring before paragraph (a). and substituting the words "property (whether real or personal) other than real property that is prescribed property"; (C) in subrule ( 1), omitting from paragraph (a) the words "premises or, as the case may be,"; (D) in subrule (1), omitting from the first proviso the word "premises" and substituting the word "property"; (E) in subrule (IA), omitting the words "uninsured premises or uninsured property", occurring before paragraph (a), and substituting

1.130 Fire Brigades Act -amendment Act 1985, No. 83 the words "property (whether real or personal) other than real property that is prescribed property"; (F) in subrule (I A), omitting from paragraph (b) the words "premises or" where twice occurring: (G) in subrule (1.-), omitting the words "premises concerned consist", occurring after paragraph (b), and substituting the words "property concerned consists"; (H) in subrule (2), omitting from the proviso the words "uninsured premises or, as the case may be, uninsured"; (I) in subrule (3), omitting all words from and including the words "the expressions" to and including the words "fire in question, and"; (J) in subrule (4), omitting from paragraph (b) the words "premises or"; (vii) omitting rule 29; (viii) in rule 33, omitting from the second paragraph the word "contributory" and substituting the word "insurance". 28. Amendment of Schedule H. Schedule II to the Principal Act is amended by- (a) in rule 4A- (i) omitting from subrule (I) the expression "$10" and substituting the expression "$30"; (ii) omitting from subrule (3) the words "or his legal representative"; (b) in rule 5- (i) renumbering subrules (3) and (4) as subrules (6) and (7) respectively; (ii) omitting subrules (1) and (2) and substituting the following subrules:- "(1) For the purpose of hearing an appeal against punishment, other than an appeal against punishment referred to in rule 4A, there shall be constituted an Appeal Board that, subject to subrule (7), shall consist of three persons appointed by the Governor in Council of whom- (a) one shall be a person nominated by the Queensland Fire Services Association; and (b) subject to subrule (2), one shall be a person whose name appears on a list of not fewer than three names

Fire Brigades Act Amendment Act 1985, No. 83 1331 submitted to the Minister, within such time as the Minister may determine- (i) by an industrial union of employees of which the appellant is a member; or (ii) if the appellant is not a member of any such union, by an industrial union of employees of which the appellant is, in the opinion of the Minister, entitled to be a member by virtue of his employment. (2) If- (a) the Queensland Fire Services Association fails to make a nomination pursuant to subrule ( 1) (a); or (b) there is no union , such as is referred to in provision (i) or (ii ) of subrule ( 1) (b) or if such a union fails to duly submit a list of names, the Governor in Council shall appoint as member of the Appeal Board a person recommended by the Minister. ( 3) The Governor in Council shall appoint one of the members of the Appeal Board as chairman. (4) For the purpose of hearing an appeal against an appointment there shall be constituted an Appeal Board that, subject to subrule ( 7), shall consist of a person appointed by the Governor in Council and a person so appointed shall, for the purposes of this Schedule, be deemed to be chairman of the Appeal Board. ' (5) In the case of more than one appeal against the same appointment an Appeal Board shall, wherever practicable, hear all such appeals together."; (iii) in subrule ( 7), as renumbered , inserting after the expression "(1)", occurring in the general words following paragraph ( b), the expression " or, as the case may be, subrule (4)"; (c) omitting rule 6; (d) in rule 7, inserting after the words "Appeal Board" the words "constituted pursuant to rule 5 (1)"; (e) in rule 9, omitting subrule ( 2) and substituting the following subrule:- "(2) The secretary to an Appeal Board shall give to the Board and to the appellant not less than 14 days notice of the time when and the place where such appeal will be heard."; (f) omitting rule 10; (g) in rule 16- (i) inserting before the words "Subject to this rule" the expression (I); (ii) inserting before the second paragraph the expression (2); (iii) adding at the end of the rule the following subrule:- "(3) Where it appears to an Appeal Board that arrangements cannot conveniently be made for the attendance of a witness

1332 Fire Brigades Act Amendment Act 1985, No. 83 (not being the appointee or an appellant) or that the expense associated with the attendance of such a witness is not, in the circumstances, warranted, the Board may appoint a competent person to take the evidence of that person on oath or otherwise and to forward the evidence taken for consideration by the Board."; (h) in rule 18- (i) omitting the words "counsel, solicitor or"; (ii) adding at the end of the rule the following paragraph:- "No party shall be represented before an Appeal Board by counsel or solicitor."; (i) in rule 19, in subrule (1), omitting the words "in such a place and in such a manner that the public shall have access thereto" and substituting the words "in private"; (j) in rule 24- (i) omitting the word "members" and substituting the words "chairman and other members (if any)"; (ii) omitting the word "Council" where twice occurring and substituting the words "Minister's representative" in each case.