Fire Brigades Act and Another Act Amendment Act 1979 (Qld)

660 ( 1tEeilsfan r ANNO VICESIMO OCTAVO ELIZARETHAE SECUNDAE REGINAE No. 67 of 1979 An Act to amend the Fire Brigades Act 1964-1977 and the Fire SafetyAct 1974-1976 each in certain particulars [ASSENTED TO 21ST DECEMBER, 1979) 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 . This Act may be cited as the Fire Brigades Act and Another Act Amendment Act 1979. 2. Arrangement of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF FIRE BRIGADES ACT 1964-1977; PART III-AMENDMENTS OF FIRE SAFETY ACT 1974-1976.

Fire. Brigades Act and Another Act Amendment Act 1979, No. 67 661 PART 11-AMENDMENTS OF FIRE BRIGADES ACT 1964-1977 3. Citation . (1) In this Part the Fire Brigades Act 1964-1977 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Fires Brigades Act 1964-1979. 4. Amendment of s. 3. Section 3 of the Principal Act is amended by omitting from the definition " Fire insurance " the words " or insurance " and substituting the words " , consequential loss insurance or insurance ". 5. Amendment of s. 10 . Section 10 of the Principal Act is amended by omitting from subsection (1) the first paragraph and substituting the following paragraph:- A Board may, from time to time, appoint- (a) a secretary; (b) subject to the approval of the Council to each appointment, a chief officer and a deputy chief officer; and (c) such number of officers, firemen, auxiliary firemen, cadet firemen, clerks and other employees as may be necessary in the opinion of the Council to carry this Act into effect.". 6. Amendment of s. 11 . Section 11 of the Principal Act is amended by- (a) in subsection (1)- (i) in the first paragraph, (A) omitting the words " in its Fire Brigade "; (B) omitting the words " an officer or fireman " and substituting the words " a person "; (C) omitting the words " as a fire brigade station to which part all officers and firemen attached to the station " and substituting the words " to which part all persons normally employed by the Board in such premises "; (ii) omitting from provision (c) of the second paragraph the words " in the Fire Brigade "; (iii) omitting from the third paragraph the words " in the Fire Brigade "; (b) in subsection (IA)- (i) omitting the words " in the Fire Brigade "; (ii) omitting the words " an officer or fireman " and substituting the words " a person "; (c) in the first paragraph of subsection (2)- (i) omitting the words " of officer or fireman which position is of a permanent and full-time nature in the Fire Brigade provided by " and substituting the words " of a permanent and full-time nature of ";

662 Fire Brigades Act and Another Act Amendment Act 1979, No. 67 (ii) omitting the words " any officer or fireman " and substituting the words " any person "; (d) omitting from the first paragraph of subsection (3) the words " Any officer or fireman of a Fire Brigade provided by a Board whose employment " and substituting the words "Any person whose employment by the Board "; (e) in subsection (4)- (i) omitting from provision (a) the words " secretary,"; (ii) omitting provisions (b) and (c). 7. Amendment of s. 18. Section 18 of the Principal Act is amended in subsection (1) by inserting at the end thereof the following paragraph:- " By-laws may provide for the discipline of employees by way of dismissal, reduction to a lower rank or rating, fine, caution, reprimand or any other form of discipline.". 8. Amendment of s. 36. Section 36 of the Principal Act is amended by- (a) in paragraph (a) of subsection (2)- (i) omitting from subparagraph (ii) (A) (2) the words " indemnify the insured to the extent of that total loss " and substituting the words " pay to the insured an amount equal to the total value of the property insured "; (ii) omitting from subparagraph (ii) (A) (3) the words " 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 " and substituting the words " be paid that amount "; (b) omitting from subparagraph (i) (A) of paragraph (b) of subsection (2) the words " is limited to an amount in respect of a loss or series of losses that "; (c) in subsection (3)- (i) inserting in paragraph (a) after the words " were received " the words " during the preceding calendar year "; (ii) omitting paragraphs (b) and (c) and substituting the following paragraphs:- "(b) Where a policy to which paragraph (a) refers is in force for any period less than one year, the amount to be included in a return furnished for that calendar year in which the premium was received 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 period during which the policy was in force bears to a 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 or decreased upon renewal of the policy, be the sum insured upon that renewal;

Fire Brigades Act and Another Act Amendment Act 1979, No. 67 663 (ii) shall, in a case where the sum insured is increased other than upon renewal of the policy, be the total of the sum insured immediately prior to the date of that increase and the sum that bears to the total of the increase in the sum insured the same proportion as the period during which that increase was in force bears to a whole year; (iii) shall, in a case where the sum insured is decreased other than upon renewal of the policy, be the difference between the sum insured immediately prior to the date of that decrease and the sum that bears to the total decrease in the sum insured the same proportion as the period during which that decrease was in force bears to a whole year.". 9. Amendment of s. 39. Section 39 of the Principal Act is amended by omitting from subsection' (4) the word " Minister " and substituting the word " Council ". 10. Amendment of s. 59. Section 59 of the Principal Act is amended by inserting after subsection (3) the following subsection:- " (4) A regulation may adopt, wholly or in part and either by way of reference or by way of express specification therein, any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution or a like body identified in the regulation.". 11. Amendment of Sch. I. Schedule Ito the Principal Act is amended in Part III by- (a) inserting in subrule (1) of rule 18 after the words " Chairman who " the words " is charged with having committed an indictable offence or who "; (b) inserting in subrule (1) of rule 23 after the word " proceed " the words " and permit and direct the whole of the Fire Brigade of which he is chief officer, or such part thereof as he considers sufficient for the purpose, to proceed together with plant, equipment and tools "; (c) omitting rule 25 and substituting the following rule:- ( 25. Fire Brigade may be employed for other purposes. A Board may employ the whole or any part of a Fire Brigade provided by it or use any equipment of the Board for purposes other than fire-fighting purposes for which it appears.to the Board to be suitable and, if it thinks fit, the Board may make such charge as it may determine for any service rendered in the course of that employment or use."; (d) inserting after rule 38 the following rule:- " 38A. Recovery of moneys . Subject to this Act, all fees and charges made and levied by and other moneys payable to a Board or a Volunteer Fire Brigade pursuant to this Act may be recovered by the Board or, as the case may be, Volunteer Fire Brigade- (a) by way of complaint under the Justices Act1886-1978; or (b) by action as for a debt in any court of competent jurisdiction.".

664 Fire Brigades Act and Another Act Amendment Act 1979, No. 67 12. Amendment of Sch. II. The Principal Act is amended in Schedule II by- (a) omitting from rule 1, the words " officer or fireman which position is of a permanent and full-time nature in a Fire Brigade provided by " and substituting the words " a permanent and full-time nature of "; (b) omitting from rule 2 the words " an officer or fireman " and the words " such officer or fireman " and substituting the words " a person " and the words " that person " respectively; (c) omitting from rule 4 the words " Under Secretary " and substituting the words " permanent head "; (d) in rule 25- (i) omitting from subrule (1) the words " officers and fireman " and substituting the word " persons "; (ii) omitting from subrule (4) the words " an officer or fireman " and substituting the words " a person ". PART III-AMENDMENTS OF FIRE SAFETY ACT 1974-1976 13. Citation. (1) In this Part the Fire Safety Act1974-1976 is referred to as the Principal Act. - (2) The Principal Act as amended by this Part may be cited as the Fire Safety Act1974-1979. 14. Amendment of s. 3. (1) Section 3 of the Principal Act is amended by in subsection (1)- (a) adding at the end of provision (a) the words " and premises occupied or used or to be occupied or used in conjunction with and for a purpose incidental to the occupation of that private dwelling "; (b) by omitting the expression " , " appearing at the end of provision (b) and substituting the following expression and words:- it (c) premises consisting of not more than two storeys above ground level having a floor area not exceeding 500 square metres on any storey and- (i) used solely for the purpose of private residences; or (ii) used by or on behalf of any school, college or other educational institution for teaching purposes (which includes use as a staff room) and to which members of the public are not admitted for entertainment purposes; (d) premises consisting of a single storey being one or more of the following:- (i) a toilet; (ii) a dressing room for use by persons engaged in any sport or educational activity; (iii) a store room having a floor area not exceeding 30 square metres, a cleaner's room or janitor-groundsman's room used by or on behalf of any school, college or other educational institution in a building of which the total enclosed floor area does not exceed 500 square metres; (iv) a covered play area which is unenclosed in respect of not less than 50 per cent of its perimeter, or (v) a gazebo, kiosk or roadside stall;

Fire Brigades Act and Another Act Amendment Act 1979, No. 67 665 (e) premises consisting of a single storey, other than a warehouse, used solely- (i) for the containment of animals; (ii) to shelter motor or other vehicles, plant, machinery or other equipment; or (iii) to house equipment which is used to provide water, irrigation, sewage or similar services, to which members of the public are not admitted for any purpose of inspection or recreation; (f) premises consisting of a single storey which are situated on land used for agricultural, horticultural, floricultural or pastoral purposes being- (i) a greenhouse, conservatory, fernery, glass-house, shed in which hay is stored, barn, milking bails or other premises which are used for a like purpose; or (ii) a packing shed which is unenclosed in respect of not less than 50 per cent of its perimeter; or (g) premises used solely for the bulk storage or bulk processing of any material and which are constructed in such a manner that a person in or on the premises for the purpose of performing a function in connexion with their use or operation, other than a function which relates solely to the maintenance of the premises, is able to perform that function in space which is open to the sky and connected directly to a road,". (2) The amendment to the Principal Act made by subsection (1) shall be deemed to have taken effect on 28 July 1979 and shall have retrospective effect accordingly. 15. Amendment of s. 5. Section 5 of the Principal Act is amended in subsection (I) by omitting from the definition " fire authority " the word " Brigade " where twice occurring and substituting in each case the word " Brigades ". 16. Amendment of s. 24. Section 24 of the Principal Act is amended by inserting in subsection (1) after the words " notice of the proposal the words " accompanied by the prescribed fee ". 17. Amendment of s. 39. Section 39 of the Principal Act is amended by- (a) in'subsection (3) omitting from the first paragraph all words from and including the words "At any time" to and including the words " the Council may " and substituting the following words:- - "At any time when and for so long as a Board that has jurisdiction within a district constituted under and for the purposes of the Fire Brigades Act 1964-1979- (a) does not employ a fire safety officer; or (b) employs a fire safety officer but, through absence on annual leave or other leave of an extended nature, no such officer is available, the Council may "; (b) inserting after subsection (3) as amended the following subsection:- " (4) Where the district of a Board constituted under and for the purposes of the Fire Brigades Act 1964-1979 includes part of the Area of a Local Authority, the Council in writing directed to 22-85085

666 Fire Brigades Act and Another Act Amendment Act 1979, No. 67 the Board may, extend for the purposes of this Act, the jurisdiction of any fire safety officer of that Board to include the whole of that Area or any specified part thereof whereupon the jurisdiction of that fire safety officer for those purposes shall be deemed to be so extended.".