Fire Brigades Act and Another Act Amendment Act 1976 (Qld)

300 lt$EltS I tltl ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 34 of 1976 An Act to amend the Fire Brigades Act 1964-1973 and the Fire Safety Act 1974 each in certain particulars [ASSENTED TO 28TH APRIL. 1976] 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: PART I-PRELIMINARY 1. Short title and citation. This Act may be cited as the Fire Brigades Act and Another Act Amendment Act 1976. 2. Commencement. (I) Subject to subsection (2), this Act shall commence on the day on which this Act is assented to for and on behalf of the Crown. (2) (a) Sections 5, 12, 13, 14, 15 and 16 shall commence on 1st January, 1978. (b) Paragraphs (c) and (d) of section 18 shall commence on Ist July, 1978.

Fire Brigades Act and Another Act Amendment Act 1976, No. 34 301 3. Arrangement . This Act is divided into Parts as follows:- PART I-PRELIMINARY, SS. 1-3; PART II-AMENDMENT OF THE FIRE BRIGADES ACT 1964-1973, ss. 4-19; PART III-AMENDMENT OF THE FIRE SAFETY ACT 1974, ss. 20-22. PART II-AMENDMENT OF THE FIRE BRIGADES ACT 1964-1973 4. Citation . (1) In this Part, the Fire Brigades Act 1964-1973 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Fire Brigades Act 1964-1976. 5. Amendment of s. 3. Section 3 of the Principal Act is amended by omitting the term " Fire insurance" and its meaning and substituting the following-term and meaning:- Fire insurance "-Insurance covering loss or damage by fire whether cover is express or implied or includes cover for loss or damage caused otherwise than by fire and whether premiums in respect of such insurance are paid to an insurance company or other person: the term includes loss or damage caused by sprinkler leakage but does not. include insurance on motor vehicles, mortgage insurance within the meaning of the Building Units Titles Act 1965-1972 or insurance on underground mining equipment;". 6. Amendment of s. 11 , Section I 1 of the Principal Act is amended by adding at the end thereof the following subsection:- " (5) Notwithstanding subsection (4), this section applies to the position of fire safety officer within the meaning of the FireSafety Act1974-1976.". 7. Amendment of s. 16. Section 16 of the Principal Act is amended by- (a) in subsection (2), in subparagraph (d), inserting after the word "Act " the words " or the Fire Safety Act1974-1976 "; (b) in subsection (3), (i) inserting after the words " carrying this Act " the words " or the Fire Safety Act1974-1976 "; (ii) inserting after the words " by this Act " the words " or the Fire Safety Act1974-1976 "; (c) in subsection (4), (i) inserting after the words " of this Act " the words " or the Fire Safety Act1974-1976 "; (ii) inserting after the words " under this Act " the words " or the Fire Safety Act1974-1976 ". 8. New s. 16A . The Principal Act is amended by inserting after section 16 the following section:- 16A. Trust Fund . (1) A Board shall establish a Trust Fund. (2) There shall be paid into that fund- (a) all moneys paid as contract deposits;

302 Fire Brigades Act and Another Act Amendment Act 1976, No. 34 (b) all moneys on account of long service leave transferred to the Board from another Board; (c) such other moneys as are prescribed. (3) Moneys in the Trust Fund shall continue to be subject to the same directions and restrictions as to their application or disbursement as if those moneys had not been paid into that fund. Moneys in the Trust Fund that are not subject to any directions or restrictions as to their application or disbursement shall not be paid out of that fund without the prior approval of the Minister.". 9. Amendment of s. 19. Section 19 of the Principal Act is amended by, in subsection (2), (a) omitting from subparagraph (b) the words " Fire and Accident Underwriters' Association of Queensland " and substituting the words " Insurance Council of Australia or its successor in title by whatever name called "; (b) omitting from subparagraph (d) the words " Queensland Civil Defence " and substituting the words " State Counter-Disaster ". 10.. Amendment of s. 23. Section 23 of the Principal Act is amended by- (a) in subsedtion (2), omitting from subparagraph (e) the words " Queensland Civil Defence " and substituting the words " State Counter-Disaster "; (b) inserting after subsection (2) the following subsection:- " (3) Where Council deemed to be employer, Where there arises an industrial cause within the meaning of the Industrial Conciliation and Arbitration Act 1961-1975 that, in the opinion of the Council, affects or is likely to affect more than one Board then, for the purposes of negotiations concerning that cause, settlement of that cause and any arbitration entered into in relation to that cause, the Council shall be deemed to be the employer of the employees who are involved in that cause or who, in the Council's opinion, are or are likely to be involved in that cause and to be a party to the cause and to proceedings before the Industrial Court or The Industrial Conciliation and Arbitration Commission arising out of such cause to the exclusion of all Boards, any provision of an industrial award or industrial agreement or the Industrial Conciliation and Arbitration Act 1961-1975 notwithstanding: Provided that an agreement or order made in settlement of an industrial cause to which this section relates shall be binding on every Board that is affected by the agreement or order and on the employees of every Board so affected.". 11. Amendment of s. 29 . Section 29 of the Principal Act is amended by- (a) in subsection (2), in subparagraph (d), inserting after the word "Act " the words " or the Fire Safety Act1974-1976 ";

Fire Brigades Act and Another Act Amendment Act 1976, No. 34 303 (b) in subsection (3), adding at the end thereof the following paragraph:- (d) all moneys payable by the Council in the discharge of its functions under the Fire Safety Act1974-1976.". 12., Amendment of s. 35. Section 33 of the Principal Act is amended by--- (a) omitting subparagraph (a) and substituting the following subparagraph:- " (a) the amount of the sums insured under policies underwritten by and in respect of which premiums were received by all contributing companies for fire insurance in all districts throughout the State during the calendar year last preceding the year for which such apportionment is to be determined; ": (b) in subparagraph (b), omitting the words " the premiums paid " and substituting the words " sums insured whether or not under policies underwritten by insurance companies in respect of which premiums were paid to an insurance company or other person ". 13. Amendment of s. 36. Section 36 of the Principal Act is amended by- (a) omitting subsections (1), (2), (3) and (4) and substituting the following subsections:- " (1) Subject to this section, the contribution to be paid pursuant to sections 32 and 34 by contributory companies in respect of each year shall be apportioned amongst them and shall he paid by them rateably according to the amount of the sums insured under policies underwritten by them in respect of which premiums were received by them for fire insurance in all districts throughout the State during the calendar year last preceding the year for which such contribution is to be determined. (2) (a) For the purposes of subsection (1)- (i) in respect of stock declaration policies of insurance, 80 per centum only of the amount of sums insured in respect of which premiums were received shall be taken into account: (ii) the sum insured under a maximum loss policy- (A) shall, in the case of a maximum loss policy defined in subparagraph (i) of paragraph (b), be deemed to be an amount equal to the maximum amount the insurer would be liable to pay if- (1) there was immediately following the commencement of the risk, a total loss of all the property insured as the result of the happening of the contingency or contingencies insured against; (2) the insurer was liable to indemnify the insured to the extent ,of that total loss; and (3) the insured was entitled to that indemnity as if any limitation in the policy in respect of any loss or series of losses arising out of either one event or a limited number of events did not apply: or

304 Fire Brigades Act and Another Act Amendment Act 1976, No. 34 (B) shall, in the case of a maximum loss policy defined in subparagraph (ii) of paragraph (b) be deemed to be an amount calculated as prescribed; (C) shall, in the case of a maximum loss policy defined in subparagraphs (i) and (ii) of paragraph (b), be deemed to be such less amount than is ascertained under provision (A) or (B) of this subsection as the Minister in a particular case approves: Provided that where the amount insured under a maximum loss policy cannot be precisely ascertained in accordance with this subsection, the amount insured shall be deemed to be the total value, as at the commencement of the risk, of the property insured by the policy of insurance. (b) In this subsection, " maximum loss policy " means- (i) a policy of insurance- (A) under which the amount payable by the insurer on the happening of the contingency or contingencies insured against is limited to an amount in respect of a loss or series of losses that is less than the total value of the property insured; and (B) that is in respect of property contained in or comprising more than one building and situated at more than one place; or (ii) a policy of insurance of any class or description that is prescribed for the purposes of this subsection. (3) (a) To enable the amount of contribution payable by a contributory company in respect of each year to be assessed each contributory company shall, before the last day of May in each year or before such other date as the Minister by notification published in the Gazette appoints (the Minister being hereby thereunto empowered), furnish to the Council a return verified as prescribed wherein such contributory company shall, subject to this section, disclose the sums insured under policies underwritten by it in respect of which premiums were received by such contributory company for fire insurance in all districts throughout the State. The manager, secretary, agent or attorney of each contributory company shall verify the return of such company by statutory declaration executed by him. (b) Where a policy to which paragraph (a) refers is in force for part only of any calendar year, the amount to be included in a return furnished for that year as the sum insured under that policy shall be the sum that bears to the total sum insured under that policy the same proportion as the part of the calendar year during which the policy was in force bears to the whole year. (c) Where the sum insured under a policy to which paragraph (a) refers is increased or decreased during any calendar year, the amount to be included in a return furnished for that year as the sum insured- (i) shall, in a case where the sum insured is increased, be the total of the sum insured at the commencement of the year and the sum that bears to the total of any

Fire Brigades Act and Another Act Amendment Act 1976, No. 34 305 increase in the sum insured the same proportion as the part of the calendar year during which that increase was in force bears to the whole year; (ii) shall, in a case where the sum insured- is decreased, be the difference between the sum insured at the commencement of the year and the sum that bears to the total of any decrease in the sum insured the same proportion as the part of the calendar year during which that decrease was in force bears to the whole year. (4) For the purposes of subsection (3) every return- (a) that includes sums insured under stock declaration policies of insurance shall include 80 per centum only of the amount of those sums; (b) that includes sums insured under maximum loss policies shall include as those sums amounts calculated in each case, in accordance with those provisions of section 36 (2) (a) that apply in the case in question."; (b) in subsection (5), (i) omitting. the word " premiums " wherever occurring and substituting in each case the words " sums insured under policies underwritten by it in respect of which premiums ", (ii) omitting the words " and paid away by " wherever occurring; (iii) omitting the words " and fire re-insurance ". 14. Amendment of s. 38. Section 38 of the Principal Act is amended by (a) in subsection (2), omitting the first paragraph and substituting the following paragraph:- "The Minister may cause to be made an estimate of sums insured under policies underwritten by a contributory company referred to in subsection (1) in respect of which premiums will be received by it for fire insurance in all districts throughout the State during the year for which the amount of contribution payable by it is to be assessed."; (b) omitting subsection (3) and substituting the following subsection:- " (3) An estimate made in accordance with subsection (2) shall, for the purposes of sections 35 and 36, be deemed to be the amount of sums insured under policies underwritten by the contributory company concerned in respect of which premiums were received by it for fire insurance in all districts throughout the State during the calendar year last. preceding the year for which the contribution of such company is to be assessed." 15. Amendment of s. 39. Section 39 of the Principal Act is amended by- . (a) in subsection (1), (i) omitting the words " the premiums paid by them respectively for fire insurance " and substituting the words " sums insured under policies of fire insurance in respect of which premiums were paid by them respectively "; (ii) inserting after the word " situated" the words " in all districts ";

306 Fire Brigades Act and Another Act Amendment Act 1976, No. 34 (b) in subsection (2), (i) inserting after the word " situated " the words " in all districts (ii) omitting the words " the premiums paid by him for fire insurance and substituting the words " sums insured under policies of fire insurance in respect of that property and in respect of which premiums were paid "; (c) in subsection (4), (i)- inserting after the word " Minister " the words " furnishes or "; (ii) omitting the words " the premium or premiums received by such company or companies for fire insurance in respect of that property " and substituting the words " sums insured under policies of fire insurance underwritten by it or them in respect of that property and in respect of which the premium or premiums was or were received by it or them ". 16. Amendment of s. 41. Section 41 of the Principal Act is amended by, in subsection (7), omitting the words " whose premiums paid to it " and substituting the word " whom ". 17. Amendment of s. 60 . Section 60 of the Principal Act is amended by inserting after subsection (1) the following subsection:- " (1A) Where a Board fails within the time limited by this Act to furnish to the Minister its annual report or to the Council any return that it is required by this Act to furnish, the Board, every member of the Board and the secretary thereto commit an offence against this Act and are severally liable therefor. Penalty : $100. Upon a conviction for an offence against this subsection, the court mai order the .person convicted to furnish the report or, as the case may be, return in respect of which the offence is committed. If a person who is ordered to furnish a report or return under this subsection fails to comply with that order within 14 days after the date of the making thereof, he commits a further offence and is liable to a penalty of $20 for every day during which that offence continues.". 18. Amendment of Sch. I. Schedule I to the Principal Act is amended by in Part III- (a) in rule 3, omitting the words " Fire and Accident Underwriters' Association of Queensland " and substituting the words " Insurance Council of Australia or its successor in title by whatever name called "; (b) in rule 22, in subrule (7), inserting after the expression " $100 " where it occurs in provision (a) the words " and in addition $20 for every day during which the failure to comply continues "; (c) in rule 23, inserting after subrule (1) the following subrule- " (IA) Payment of charges . In a case to which subrule (1) of this rule applies, the owner of the premises or property where the fire has occurred shall be liable to pay to the Board the prescribed charges for attending to the fire. Where in the opinion of the Board an owner of premises or property adjacent to the premises or property where the fire has occurred has received benefit from services rendered by the Board in attending to the fire, the Board may apportion amongst the several owners of the premises or property where the fire has

Fire Brigades Act and Another Act Amendment Act 1976, No. 34 307 occurred and the adjacent premises or property the prescribed charges for attending to the fire and those owners shall be severally liable to pay the amount so apportioned. The Board may, in relation to all or any of the persons specified in this subrule (IA), remit the whole or any part of the prescribed charges referred to therein. Charges paid pursuant to this subrule (1A) by an owner of insured premises or property shall be deemed to be a loss by fire within the meaning of the policy of insurance in question in respect of which the insurance company is liable, anything in such policy to the contrary notwithstanding, but the liability of the insurance company shall not in any case exceed the sum insured under that policy."; (d) in rule 28, in subrule (3), omitting the words " the premium paid in respect whereof " and substituting'-the words " where the sum insured in respect of which a premium is paid "., 19. Amendment of Sch. II. Schedule II to the Principal Act is amended by-- (a) in rule 20, inserting after the word " rate " the words " prescribed and until so prescribed at the rate "; (b) in rule 21, inserting after the word " rate " the words " prescribed and until so prescribed at the rate ". PART III-AMENDMENT OF THE FIRE SAFETY ACT 1974 20. Citation . (1) In this Part, the Fire Safety Act1974 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Fire Safety Act1974-1976. 21. Amendment of s. 38. Section 38 of the Principal Act is amended by adding at the end thereof the following subsection:- " (3) (a) The Council or a Board or any person acting under the authority of the Council or a Board shall not incur any liability in respect of the doing of any matter or thing done in good faith by the Council or a Board or, as the case may be, such person for the purpose of executing this Act or any function, power, authority or duty of the Council or a Board or such person under this Act and the expenses of any member of the Council or a Board or of such person reasonably incurred in such execution shall be deemed to be an expense authorized by this Act. (b) A member of the Council or a Board shall not be subject to personal liability in respect of a contract entered into by the Council or a Board in good faith for the purpose of executing this Act or any function, power, authority or duty of the Council or a Board under this Act. (c) This subsection shall be construed so as not to afford protection to a member of the Council or a Board or a person referred to in paragraph (a) who has been guilty of fraud or wilful neglect in connexion with any matter or thing to which paragraph (a) applies.".

308 Fire Brigades Act and Another Act Amendment Act 1976, No. 34 22. Amendment of schedule . The schedule to the Principal Act is amended by- (a) in clause 5, ° (i) omitting the word " or "; (ii) inserting after provision (b) the following provision:- ii or (c) on the ground floor exceeding 1 000 square metres in area "; (b) inserting after clause 5 as amended by this section the following clause:- ,, 5A. Premises' at ground level that consist of one or more than one retail shop from which the only means of escape is through a covered arcade, mall or other like structure.".