Fire Brigades Act and Other Acts Amendment Act 1984 (Qld)

366 (J ue eis1anb ANNO TRICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 34 of 1984 Act to a m end the Fire B rigades Act 1964-1983, the R ur al Fires Act 1946-1982 and the Fire Safety Act 1974- 1982 ea ch i n cert a i n p °c [ASSENTED TO 18TH APRIL, 1984]

Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 367 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 Other Acts Amendment Act 1984. 2. Commencement . (1) This Act, other than sections 15 to 18, both inclusive, shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Sections 15 to 18, both inclusive, shall commence on a day appointed by Proclamation. 3. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF FIRE BRIGADES ACT 1964-1983; PART ITT-AMENDMENTS OF RURAL FIRES ACT 1946-1982; PART IV-AMENDMENTS OF FIRE SAFETY ACT 1974-1982. PART IT-AMENDMENTS OF FIRE BRIGADES ACT 1964-1983 4. Citation . (1) In this Part, the Fire Brigades Act 1964-1983 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Fire Brigades Act 1964-1984. 5. Amendment of s. 1 . Section 1 of the Principal Act is amended in subsection (3) by inserting after the expression " PART III-STATE FIRE SERVICES COUNCIL; " the following expression:- " PART ILIA-THE MINISTER; ". 6. Amendment of s. 2. Repeals and savings. Section 2 of the Principal Act is amended in subsection (2) by inserting at the end of subparagraph (h) the following expression and words: (i) all moneys vested in and liquidated and unliquidated claims that immediately before the commencement of the Fire Brigades Act and Other Acts Amendment Act 1984 were payable to or recoverable by the Council shall upon that commencement be moneys vested in and liquidated and unliquidated claims payable to or recoverable by the Minister; (j) all suits, actions and proceedings and all causes of action pending or existing immediately before the commencement of the Fire Brigades Act and Other Acts Amendment Act 1984 by or against the Council may be carried on and prosecuted

368 Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 by or against the Minister and no such suit, action or proceedings shall abate or be prejudicially affected by the passing of that Act; (k) every officer ( including the secretary to the Council ) or employee of the Council immediately before the commencement of the Fire Brigades Act and Other Acts Amendment Act 1984 shall upon that commencement be an officer or employee of the Minister and for all purposes shall be deemed to have been an officer or employee of the Minister whilst he was an officer or employee of the Council before that commencement; (1) every approval, authorization, determination, decision or appointment duly made or given pursuant to this Act by the Council and in force immediately before the commencement of the Fire Brigades Act and Other Acts Amendment Act 1984 shall after that commencement be deemed to be an approval, authorization, determination , decision or appointment duly made by the Minister; (m) the budget of the Council approved and in force immediately before the commencement of the Fire Brigades Act and Other Acts Amendment Act 1984 shall after that commencement continue in force and be deemed to be the budget of the Minister; (n) any liability of the Treasurer , owners of properties or insurance companies to contribute to the Council in existence and unsatisfied immediately before the commencement of the Fire Brigades Act and Other Acts Amendment Act 1984 shall upon that commencement be a liability to contribute to the Minister; (o) where, immediately before the commencement of the Fire Brigades Act and Other Acts Amendment Act 1984, the Council is deemed to be a party in any proceeding or in any matter in the Court or the Commission constituted under the Industrial Conciliation and Arbitration Act 1961-1983 or before an industrial magistrate or registrar appointed under that Act, upon that commencement the Minister shall be deemed to be such party in lieu of the Council". 7. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by- (a) in the meaning of the term " Insurance company " after the words "Any person carrying on " inserting the words " or who has, within the period of 12 months preceding the time in question, carried on "• (b) omitting the term " Minister " and its meaning and substituting the following term and meaning:- " " Minister "-The Minister of the Crown for the time being charged with the administration of this Act and includes any person who is temporarily performing the duties of the Minister; ".

Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 369 8. Amendment of s. 4 . Administration of Act. Section 4 of the Principal Act is amended by omitting the words " the Council and ". 9. Amendment of s. 6. Constitution of Boards . Section 6 of the Principal Act is amended by- (a) in subsection (2), omitting the words " consist of seven members and " and substituting the words " consist of- (a) in the case of a Board of a district where there are more than three component Local Authorities, such number of members, being not less than two, as the Minister from time to time determines; (b) in the case of any other Board, seven members, and "; (b) in subsection (3), in the first paragraph, inserting after the words "A Board " the words ", other than a Board referred to in subsection (2) (a),"; (c) after subsection (3), inserting the following subsection:- " (3A) A Board referred to in subsection (2) (a) shall be constituted as follows:- (a) the Governor in Council shall, by notification published in the Gazette, appoint not less than two members; (b) the contributory companies shall elect such number of members (if any) as the Minister determines; (c) the group of component Local Authorities shall be represented by such number of members (if any) as the Minister determines each of whom shall be a member of one of such component Local Authorities. When there is more than one member representing 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.". 10. Amendment of s. 9. General powers and duties of Board . Section 9 of the Principal Act is amended in provision (e) by omitting the words " Council in pursuance of its " and substituting the words " Minister in pursuance of his ". 11. Amendment of s. 10. Appointment and remuneration of employees. Section 10 of the Principal Act is amended by- (a) in subsection (1), omitting the word " Council " where it appears three times and substituting the word " Minister " in each case; (b) in subsection (3), omitting the word " Council " and substituting the word " Minister ".

370 Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 12. Amendment of s. 11. Section 11 of the Principal Act is amended in subsection (3), in the third paragraph, by omitting the words " the Appeal Board hearing such appeal " and substituting the words " heard by an Appeal Board, the Appeal Board ". 13. New s. 11A. The Principal Act is amended by inserting after section 11 the following section:- " 11A. Service with a Board deemed continuous with prior service with another Board in certain cases. (1) In this section- former employing Board " means a Board from the employment by which an officer resigns; " officer " includes chief officer, deputy chief officer and other officer, fireman, auxiliary fireman and cadet fireman; " presently employing Board " means a Board which appoints an officer after his resignation; " resignation " means resignation as an officer with a former employing Board. (2) (a) An officer of a Board who, within 90 days of his resignation taking effect, is appointed and takes up duties as an officer with a Board other than the former employing Board shall, before the expiration of those 90 days give notice in writing in or to the effect of the prescribed form to both the secretary of the former employing Board and the secretary of the presently employing Board. (b) The secretary of a former employing Board who receives a notice pursuant to paragraph (a) shall forthwith pay to the presently employing Board- (i) where the officer who gave the notice had insufficient service with the former employing Board to entitle him to long service leave or any payment in respect of long service leave, an amount that bears to the amount to which he would have been entitled had he completed the minimum period of service with the former employing Board that would have entitled him to long service leave the same proportion that his actual length of service with the former employing Board continuous up to the taking effect of his resignation bears to that minimum period of service; or (ii) where the officer who gave the notice would, upon his resignation taking effect, but for this section, be entitled to payment of an amount in respect of his entitlement to long service leave accrued in respect of his service with the former employing Board, that amount less any amount paid to the officer in respect of that entitlement. A former employing Board which pays any moneys to a presently employing Board pursuant to subparagraph (ii) satisfies its obligation to pay that amount to the officer who gave the notice.

Fire Brigades Act and Other Acts Amendment Act 1984 , No. 34 371 (c) Upon an officer duly giving notice pursuant to this section, for the purpose of determining his entitlements to long service leave and to payments in respect of long service leave- (i) service with the former employing Board shall be deemed to be service with the presently employing Board and continuous with any service had by him with the presently employing Board after his appointment as an officer by the presently employing Board; (ii) leave taken as long service leave by and payments made in respect thereof to the officer during service with the former employing Board shall be deemed to have been taken and made during service with the presently employing Board. (d) Where pursuant to the provisions of the Industrial Conciliation and Arbitration Act 1961-1983 relating to long service leave the continuity of service of an officer is to be deemed to be not broken by any of the events specified in that Act, the continuity of service as an officer shall be deemed to be not broken by any of the same events for the purposes of this subsection. (e) Subject to the express provisions of this section, the entitlements to long service leave and to payments in respect of long service leave of employees of a description of officer to which this section applies shall be as prescribed by the Industrial Conciliation and Arbitration Act 1961-1983 or any relevant award or industrial agreement made under that Act and the provisions of that Act shall apply in relation to all matters relevant to those entitlements. (3) The entitlements to sick leave of an officer, who is appointed an officer of a presently employing Board, shall be the entitlements as are from time to time prescribed by the Industrial Conciliation and Arbitration Act 1961-1983 but, notwithstanding anything so prescribed, his service with the former employing Board that, immediately before his resignation took effect, was continuous service shall be deemed to be service with the presently employing Board and to be continuous with his continuous service with the presently employing Board after his appointment and any leave taken during that continuous service as sick leave by the officer shall be debited against sick leave accrued to him in respect of that continuous service. For the purposes of this subsection the period of a break in the service of an officer of a former employing Board in respect of which the officer was granted paid leave is service for that period with that Board.". 14. Amendment of s. 12. Superannuation . Section 12 of the Principal Act is amended by inserting after subsection (2) the following subsection:- " (3) The Auditor-General shall audit the accounts of the funds created and held in connexion with the superannuation scheme and shall have and may exercise all the powers and authorities

372 Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 conferred on him by the Financial Administration and Audit Act1977-1981.". 15. Amendment of s. 12A. T rustees of superannuation scheme. (1) Section 12A of the Principal Act is amended by- (a) in subsection (1), inserting after the words " in section 12 (1) " the words ", other than the trustees ex off icio,"; (b) in subsection (2)- (i) omitting the word " five " and substituting the word " six "; (ii) in provision (a), inserting after the words " who shall be " the words " a member ex officio and "; (iii) in provision (b), inserting after the word " being " the words " who shall be a member ex officio "; (iv) omitting provision (c) and substituting the following provision:- "(c) a person, being the chairman of a Fire Brigade Board of a district outside the City of Brisbane, nominated by the Queensland Country Fire Brigade Boards Union of Employers;"; (v) in provision (d), inserting after the words " union of employees " the words ", other than the United Firefighters Union Queensland Branch Union of Employees,"; (vi) at the end of provision (d), inserting the following expression and words:- " (e) a representative of contributors to the superannuation scheme nominated by the Minister and submitted to him by the United Firefighters Union Queensland Branch Union of Employees "; (c) in subsection (3)- (i) in the first paragraph , inserting after the word " trustees " the words " other than the trustees ex officio "; (ii) in the second paragraph , inserting after the word "trustees " the words " other than the trustees ex officio "; (iii) in the third paragraph , omitting the words " Upon the first appointment and upon each subsequent appointment of the total number of the trustees " and substituting the words " Upon each appointment of the total number of the trustees other than the trustees ex officio ". (2) Notwithstanding the amendment of the provisions of section 12A (3) of the Principal Act by subsection (1), the terms as trustees of the persons who, immediately prior to the first appointment of a trustee pursuant to section 12A (2) (e ) of the Principal Act as amended by subsection ( 1), are trustees of the superannuation scheme referred to in section 12A of the Principal Act shall continue , subject to the provisions of the Principal Act as amended, for the balance of the terms of their appointments and the person first appointed a trustee pursuant to section 12A (2) (e ) of the Principal Act as amended shall similarly be a trustee for a like term.

Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 373 16. Amendment of s. 12B . Tenure of office of trustees . Section 1213 of the Principal Act is amended by- (a) in subsection (1), in the first paragraph, inserting after the word " trustee " the words ", other than a trustee ex officio,"; (b) in subsection (2), inserting after the word " trustee " the words ", other than a trustee ex officio,"; (c) in subsection (3), inserting after the word " trustee " where it first occurs the words ", other than a trustee ex officio,". 17. Amendment of s. 12C. Casual vacancies . Section 12c of the Principal Act is amended in subsection (1) by inserting after the word " trustee " where it first occurs the words ", other than a trustee ex officio,". 18. Amendment of s. 12D. Failure to nominate . Section 12n of the Principal Act is amended by- (a) numbering the existing section as subsection (1); (b) inserting after subsection (1) as numbered the following subsection :- " (2) If the Queensland Country Fire Brigade Boards Union of Employers fails, within the time specified in a request in writing by the Minister, to nominate the name of a chairman of a Fire Brigade Board of a district out of the City of Brisbane for appointment as trustee pursuant to section 12A (2) (c), the Governor in Council may, without that nomination appoint a person who is in the opinion of the Governor in Council a suitable person as trustee and that person shall be deemed to have been duly appointed under that section.". 19. Amendment of s. 16. Funds of Board. Section 16 of the Principal Act is amended by omitting subsection (7) and substituting the following subsection:- " (7) The provisions of Part V of the Statutory Bodies FinancialArrangements Act1982, other than sections 49 and 50 (1), apply in respect of each Board.". 20. Amendment of s. 17. How contracts may be entered into. Section 17 of the Principal Act is amended by- (a) in subsection (1), inserting at the end thereof the following paragraph:- " Notwithstanding the provisions of subparagraphs (b) and (c) of the preceding paragraph, a Board may authorize the secretary to the Board or another of its officers (either generally or in a particular case), in lieu of the Chairman or any two members referred to in those subparagraphs, on its behalf to enter into contracts referred to in either of those subparagraphs for the execution of any works or the furnishing of any goods and materials of a value not exceeding $1 000 if- (a) provision for meeting the cost of any such a contract has been made in the budget; or

374 Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 (b) the cost of any such a contract has been approved by the Board in emergent or extraordinary circumstances, and the secretary or the officer may enter into such a contract, if it is a contract that is specified in subparagraph (b) of the preceding paragraph in the manner specified in that subparagraph or if it is a contract that is specified in subparagraph (c) of the preceding paragraph in the manner specified in that subparagraph and may vary or discharge the contract in the same manner." (b) in subsection (5), in the last paragraph, omitting the word if Council " and substituting the word " Minister ". 21. Amendment of s. 18. Board may make By -laws. Section 18 of the Principal Act is amended in subsection (3), in provision (b), by omitting the word " Council " and substituting the word " Minister ". 22. Amendment of s. 19. Constitution of State Fire Services Council. (1) Section 19 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) Upon the commencement of section 22 of the Fire Brigades Act and Other Acts Amendment Act 1984 the State Fire Services Council shall continue in existence but shall cease to be a body corporate."; (b) in subsection (2)- (i) omitting the word " eight " and substituting the word " nine "; (ii) in subparagraph (a), in provision (iii), omitting the words " one member " and the words " a representative " and substituting the words " two members " and the word " representatives " respectively; (c) in subsection (3)- (i) in the first paragraph, in provision (a), omitting the words " of the Council " and substituting the words " of the Minister "; (ii) in the proviso to the first paragraph- (A) omitting the words " with the Council " and substituting the words " with the Minister ' (B) in provision (d), omitting the words " for the Council " and substituting the words " for the Minister ". (2) Each person who is a member of the State Fire Services Council, being the body corporate duly constituted under the Principal Act, immediately before the commencement of this Act, shall be a member of the State Fire Services Council for the balance of his term of appointment and shall hold that appointment under and subject to the Principal Act as amended by this Act. (3) Notwithstanding the provisions of section 19 (2) (a) (iii) of the Principal Act as amended by subsection (1) (b) of this section, the Minister shall after the commencement of this Act appoint one member of the State Fire Services Council from a panel of names of two persons submitted

Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 375 to the Minister by the Queensland Country Fire Brigade Boards Union of Employers as a representative of the Boards other than the Metropolitan Fire Brigade Board and that person and the person who immediately before the commencement of this Act was a member of the State Fire Services Council pursuant to section 19 (2) (a) (iii) of the Principal Act shall be the members of the Council appointed for the purposes of section 19 (2) (a) (iii) as amended by this section for the balance of the terms of the other members of the Council. 23. Repeal of and new s. 20 . Section 20 of the Principal Act is amended by repealing section 20 and substituting the following section:- " 20. Procedure of appointment . (1) Each appointment of the members of the Council shall be made within 60 days after each triennial election held pursuant to the Local Government Act 1936-1983. (2) Subject to this Act, a member of the Council shall hold his office on and from the date of his appointment until his successor is appointed in accordance with this Act. (3) The Governor in Council shall cause notification of the names of persons from time to time appointed as members of the Council to be published in the Gazette.". 24. Repeal of and new s. 23 . The Principal Act is amended by repealing section 23 and substituting the following section:- " 23. Duties of Council . (1) Upon the direction of the Minister to that regard the Council shall advise the Minister with respect to any of the functions and powers of the Minister, in relation to the administration of this or any other Act or in relation to any other matter specified in the direction. (2) The Council shall perform such other functions for the purposes of this Act as may be prescribed. (3) Liability at law shall not attach to any member of the Council on account of anything done in good faith and without negligence for the purpose of carrying out the Council's functions under this Act.". 25. New heading and ss . 23A, 23B, 23C, 23D and 23E. The Principal Act is amended by inserting after section 23 as inserted by section 24 the following heading and sections:- " PART ILIA-THE MINISTER " 23A. Duties of the Minister . The Minister shall- (a) provide for the inspection and training of Fire Brigades; (b) ensure that every Board complies with the provisions of this Act and maintains an efficient fire service; (c) co-ordinate the fire services of the Boards to ensure mutual assistance amongst the Boards for the purpose of civil defence or other emergency;

376 Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 (d) encourage, supervise and advise on fire-protection methods and activities; (e) examine the budget of each Board prepared pursuant to this Act, revise and amend any such budget where it appears to the Minister that an amount or item included therein has been over-estimated or under- estimated or should be deleted therefrom or that an amount or item omitted therefrom should have been included therein and recommend such budget examined and, if need be, revised and amended as aforesaid, to the Governor in Council under this Act; (f) examine every application by a Board for permission to borrow money from the Treasurer or to raise a loan by the sale of debentures and make recommendations thereon to the Governor in Council; (g) make recommendations to the Governor in Council as to the constitution, extension, amalgamation and abolition of districts and regions; (h) examine and, when necessary, make recommendations with respect to proposed by-laws of a Local Authority touching matters within the purview of this Act and By-Laws submitted to him pursuant to this Act; (i) examine proposals by Boards to appoint chief officers, deputy chief officers, firemen, auxiliary firemen, cadet firemen, clerks and other employees and advise the Boards thereon; (j) perform such other functions for the purposes of this Act as may be prescribed. 23B. Powers of Minister. (1) The Minister shall have and may exercise such powers as the Governor in Council, from time to time by Order in Council, confers upon him for the purpose of carrying this Act into effect and, without limiting the powers which may be so conferred, the Governor in Council may so confer all or any of the following powers:- (a) in such circumstances and subject to such conditions as the Governor in Council prescribes to authorize a person to assume command of the Fire Brigade of a Board for such period as the Minister considers necessary or desirable; (b) to provide for the standardization of plant, equipment, fire-fighting procedures and training as the Minister considers necessary; (c) to conduct courses for the training of persons employed in the fire services of the Boards and supervise such training and issue and register certificates of qualification in fire prevention and firefighting to such persons; (d) to facilitate the exchange between Fire Brigades of employees of Boards with a view to their more efficient training in methods of fire prevention and firefighting;

Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 377 (e) to engage in and direct experimental and research work with respect to fire-fighting methods, equipment and organization and promote co-ordination in such work among the Fire Brigade Services, the Defence Forces of the Commonwealth, or any part of such Forces, the State Counter-Disaster Organization, the Ambulance Services, the Police Force and other such services; (f) to publish and disseminate reports, information, advice and literature on fire prevention, fire-fighting and other fire service matters; (g) to issue directions to the Boards calculated to secure that mutual assistance shall be provided amongst the Boards; (h) to make and invite tenders or quotations on behalf of Boards for furnishing to the Boards any plant, goods, materials or other property. (2) Notwithstanding the Industrial Conciliation and Arbitration Act 1961-1983, the Minister may intervene at any stage in any proceeding or in any matter in the Court or the Commission constituted under that Act or before an industrial magistrate or the registrar appointed under that Act that affects or is likely to affect a Board. Upon such intervention, the Minister shall be deemed to be a party to the proceeding or matter. (3) The Minister may give directions to the Council concerning the performance of its functions under this Act, other than its functions with respect to determining appeals against punishment instituted pursuant to Rule 4A of Schedule II, and the Council shall comply with those directions. (4) The Minister may give directions to any Board concerning the performance of its functions and the exercise of its powers under this Act and the Board shall comply with those directions. (5) The Minister may give such directions to any person as he considers necessary to give effect to the performance by the Minister of his functions under this Act. 23C. Suspension of employees . (1) The Minister may at any time suspend from office any employee of the Minister appointed pursuant to section 24 (3) who, in his opinion, is guilty of misconduct or neglect and may, if necessary, temporarily appoint another person in the place of the employee so suspended. (2) A person temporarily appointed under this section to the office of an employee so suspended shall by virtue of that appointment hold office and receive remuneration in respect thereof until the Minister determines whether the employee so suspended shall be reinstated or dismissed and a successor appointed in his stead. 13

378 Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 Such remuneration shall not in any case exceed the amount thereof which would have been paid to the employee so suspended had he not been suspended. 23D. Employee of Minister not to accept additional remuneration. An employee of the Minister appointed pursuant to section 24 (3) or 23c shall not seek or accept on account of anything done by virtue of his employment any fee or reward other than his remuneration allowed by the Minister. 23E. Service of documents . A direction, order, notice, certificate or other document issued by or at the direction or for the purposes of the Minister pursuant to this Act and which is required to be served on any person may be served- (a) by delivering the same personally to such person; or (b) by leaving the same at his usual place of business or place of residence or at his place of business or place of residence last known to the Minister; or (c) by sending the same by prepaid post addressed to such person at his usual place of business or place of residence or at his place of business or place of residence last known to the Minister.". 26. Amendment of s. 24. Appointment of Council officers. (1) Section 24 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section omitting the word " Council "; (b) omitting subsection (1) and substituting the following subsection:- " (1) The Governor in Council may, from time to time by notification in the Gazette, appoint such officers (both professional and clerical) as he considers necessary to enable the Minister to properly administer this Act."; (c) in subsection (3)- (i) omitting the words " Upon the recommendation of the Council, the " and substituting the word " The "; (ii) omitting the second paragraph commencing with the words " The chief inspector "; (iii) in the last paragraph, omitting the word " Council " and substituting the word " Minister "; (d) in subsection (4), omitting the word " Council " and substituting the word " Minister ". 27. New s. 24A. The Principal Act is amended by inserting after section 24 the following section:- " 24A. Chain of command . The Minister shall determine the chain of command and order of seniority of officers and

Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 379 fireman (including chief officers, deputy chief officers, auxiliary fireman and cadet fireman) that applies during fire-fighting operations and such determination is binding on the person to whom it relates. Different chains of command and orders of seniority may be determined to apply according to the nature of the fires to be extinguished or controlled.". 28. Amendment of s. 25. Fire Service Inspectorate . Section 25 of the Principal Act is amended by-- (a) omitting subsection (1) and substituting the following subsection:- " (1) The Minister shall maintain the Fire Service Inspectorate established by the Council prior to the commencement of the Fire Brigades Act and Other Acts Amendment Act 1984."; (b) in subsection (2), omitting the word " Council " where it twice occurs and substituting the word " Minister " in each case; (c) in subsection (3), in the third paragraph, omitting the words " Council which may recommend to the Minister that he issue such directions to the Board concerned, as the Council " and substituting the words " Minister who may issue such directions to the Board concerned as the Minister ". 29. Amendment of s. 26. Authority to perform functions of the Council. Section 26 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section omitting the word " Council " and substituting the word " Minister "; (b) in subsection (1), omitting all words from the beginning of the subsection to and including the words " under its seal " and substituting the words " For the purpose of performing any of his functions under this Act, the Minister may, by writing under his hand "; (c) in subsection (2)- (i) in paragraph (a), omitting the word " Council " where it twice occurs and substituting the word " Minister " in each case; (ii) in paragraph (b), omitting the word " Council " and substituting the word " Minister ". 30. Amendment of s. 27. Council' s powers with respect to districts and Boards . Section 27 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section omitting the expression " Council 's " and substituting the expression Minister's "; (b) in subsection (1), omitting the word " Council " where it thrice appears and substituting the word " Minister " in each case; (c) in subsection (2), omitting the words " the Council " where they thrice appear and substituting the words "the Minister" in each case.

380 Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 31. Repeal of and new s. 28. Protection of Council and person acting with its authority . The Principal Act is amended by repealing section 28 and substituting the following section:- " 28. Protection of Minister and person acting with his authority. (1) The Minister and any person acting under the authority of the Minister shall not incur any liability in respect of the doing of any matter or thing done bona fide by the Minister or, as the case may be, that person for the purpose of executing this Act, performing any function or duty or exercising any authority or power of the Minister under this Act and the expenses of the Minister or other person so acting reasonably incurred shall be deemed to be an expense authorized by this Act. (2) Subsection (1) shall not be construed so as to afford protection to the Minister or to any person who is guilty of any fraud or wilful default or to exonerate the Minister from his liabilities under section 31 (as applied to the Minister by section 33).". 32. Repeal of and new s. 29. Funds of the Council . The Principal Act is amended by repealing section 29 and substituting the following section :- " 29. Funds of the Minister . (1) The State Fire Services Council Trust Fund established in the Treasury before the commencement of the Fire Brigades Act and Other Acts Amendment Act 1984 shall be maintained therein under the name " State Fire Services Trust Fund ". A reference in any Act to the State Fire Services Council Trust Fund 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) all moneys received by the Minister from the Treasurer; (b) all moneys received by the Minister from The Fire Brigades Contributions Trust Fund; (c) all moneys paid to the Minister in the course or on account of the discharge of his functions under this Act or the Fire Safety Act1974-1984; (d) all other moneys directed or permitted by this Act to be paid to that Fund. (3) There shall be paid from the State Fire Services Trust Fund- (a) the expenses incurred in the conduct of the business of the Minister under the authority of this Act or the Fire Safety Act1974-1984; (b) the salaries, allowances and proper expenses of the members of the Council and of persons in the employ of the Minister;

Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 381 (c) all moneys otherwise payable by the Minister in the discharge of his functions under this Act; (d) all moneys payable by the Minister in the discharge of his functions under the Fire Safety Act1974-1984.". 33. New s. 29A. The Principal Act is amended by inserting after section 29, as inserted by section 32, the following section:- " 29A. Delegation of Minister ' s powers , etc. (1) The Minister may, either generally or otherwise as provided by the instrument of delegation, by writing under his hand, delegate to any one or more persons or to any one or more officers appointed or seconded for the effectual execution of this Act all or any of his powers and functions under this Act except this power of delegation. (2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation. (3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister. (4) A reference to the Minister, in this Act when that provision is sought to be applied to or in relation to any thing done or made pursuant to this Act, shall be taken to include reference to such a delegate of the Minister.". 34. Repeal of and new s. 30. Annual report by Council. The Principal Act is amended by repealing section 30 and substituting the following section:- " 30. Annual report by Minister. (1) The Minister shall as soon as practicable, but not more than three months after the end of each financial year, cause a report on his operations throughout the year to be prepared. (2) The report shall include such statements of account and other financial and relevant information as may be prescribed, together with a certificate of the Auditor-General as to whether the statements of account are in agreement with the account and, in his opinion, fairly sets out the financial transactions for the period to which they relate on a basis consistent with that applied in respect of the financial year last preceding. (3) The Minister shall lay a copy of each report before the Legislative Assembly.". 35. Amendment of heading . The Principal Act is amended by omitting from the heading " PART IV-CONTRIBUTION TO THE BOARDS AND TO THE COUNCIL " appearing after section 30 the word " COUNCIL " and substituting the word " MINISTER ".

382 Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 36. Amendment of s. 31. Budget of a Board . Section 31 of the Principal Act is amended by- (a) in subsection (1), omitting the word " Council " and substituting the word " Minister "; (b) in subsection (3), in the first paragraph- (i) omitting the words " The Council " and substituting the words " The Minister "; (ii) omitting the words " the Council " where they twice appear and substituting the words " the Minister " in each case; (c) in subsection (4)- (i) in paragraph (c), omitting the word " Council " where it twice appears and substituting the word " Minister " in each case; (ii) in paragraph (d), in provision (i), omitting the words " the Council or ". 37. Amendment of s. 32. L iability to contribute to a Board . Section 32 of the Principal Act is amended in subparagraph (a) by omitting provision (ii). 38. Amendment of s. 33. Budget of the Council . Section 33 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the word " Council " and substituting the word " Minister "; (b) in subsection (1)- (i) omitting the words " Council shall lodge with the Under Secretary of the Department" and the words "wherein the Council" and substituting the words " Minister shall lodge with the permanent head of the Department for the time being " and the words " wherein the Minister " respectively; (ii) in subparagraph (a), omitting the word " Council " and substituting the word " Minister "; (iii) in subparagraph (b), omitting the word " Council " and substituting the word " Minister "; (c) in subsection (3)- (i) omitting the first paragraph; (ii) in the remaining paragraph, omitting the words " the Council " where they twice appear and substituting the words " the Minister " in each case; (d) omitting subsection (4) and substituting the following subsection:- " (4) The provisions of subsection (4) of section 31 shall, with all necessary adaptations, apply to the Minister as if the budget of the Minister were a budget of a Board and as if the Minister were a member of a Board within the application of that subsection.

Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 383 Nothing contained in this section shall be construed to prejudice the operation of the provisions of the FinancialAdministration and Audit Act1977-1981 in respect of the accounts of the Minister and the Fund referred to in section 29."; (e) in subsection (5)- (i) omitting the words " Services Council " and substituting the word " Services "; (ii) omitting the words " the Council " where they twice appear and substituting the words " the Minister " in each case. 39. Amendment of s. 34. Liability to contribute to Council . Section 34 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the word " Council " and substituting the word " Minister "; (b) omitting the words " the Council " where they twice appear and substitute the words " the Minister " in each case; (c) omitting subparagraph (a) and substituting the following subparagraph:- " (a) as to a one-eighth part by the Treasurer; ". 40. Amendment of s. 34A. Annual contribution by owners of prescribed properties . Section 34A of the Principal Act is amended in subsection (2) by omitting the words " the Council " and substituting the words " the Minister ". 41. Amendment of s. 34B. Annual returns by Local Authorities. Section 34B of the Principal Act is amended by omitting the word " Council " and substituting the word " Minister ". 42. 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) in subsection (10)- (i) omitting the words " Council an amount " and substituting the words " Minister for payment into the State Fire Services Trust Fund an amount" ; (ii) in provision (a), omitting the word " Council " and substituting the word " Minister "; (b) in subsection (11)- (i) in the first paragraph, omitting the words " Council shall " and substituting the words " Minister shall "; (ii) omitting the second paragraph and substituting the following paragraph:- " The Minister 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

384 Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 to be rates outstanding to the Minister for 3 years or longer and the Minister shall be deemed under that Act to be a Local Authority and the Chairman or Mayor of a Local Authority and any document under his hand shall be deemed to be under the common seal of a Local Authority. ". 43. New s. 34D. The Principal Act is amended by inserting after section 34c the following section:- " 34D. Contributions collected by local authorities not revenue for certain purposes . Where under any award made pursuant to the Industrial Conciliation and Arbitration Act 1961-1983 the classification or grading of or the salary or allowances payable to any employee of a Local Authority is determined according to the revenue received by the Local Authority, then, notwithstanding the provisions of the award, for the purposes of that determination, the revenue received by a Local Authority in respect of any particular period- (a) does not include moneys received or recovered by the Local Authority from owners of prescribed properties pursuant to this Part; and (b) includes the prescribed collection fees retained by the Local Authority from moneys paid during that period to the Minister pursuant to section 34c (10).". 44. Amendment of s. 36. Apportionment of contribution amongst contributory companies . Section 36 of the Principal Act is amended by- (a) in subsection (3), in paragraph (a), omitting the word " Council " and substituting the word " Minister "; (b) in subsection (7), in the first paragraph, omitting the word " Council " where it twice occurs and substituting the word " Minister " in each case; (c) in subsection (8), omitting the word " Council " where it twice occurs and substituting the word " Minister " in each case; (d) inserting after subsection (8) the following subsection:- "(9) Where a scheme is entered into with a contributory company whereby the company is unable to pay fully the amount of any contribution to be paid pursuant to sections 32 and 34 then every insurance company that is a party to the scheme shall be Jointly and severally liable for the payment of the amount of the contribution which the firstmentioned company is unable to pay.". 45. Amendment of s. 39. Apportionment of contribution amongst owners of property . Section 39 of the Principal Act is amended by- (a) in subsection (2), omitting the word " Council " and substituting the word " Minister "; (b) in subsection (4), omitting the word " Council " and substituting the word " Minister ".

Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 385 46. Amendment of s. 41. Method of obtaining payment of annual contributions by contributory companies and owners of property . Section 41 of the Principal Act is amended by- (a) in subsection (2), in the second paragraph, omitting subparagraph (i) and substituting the following subparagraph:- "(i) be signed by the Minister;"; (b) in subsection (3)- (i) omitting the first paragraph and substituting the following paragraph:- " The Minister may issue or cause to be issued pursuant to this section precepts (in this Act referred to as " provisional precepts ") before- (a) the approval prescribed by section 33 of the budget of the Minister lodged with the permanent head of the Department for the time being administered by the Minister; and (b) the revision and approval prescribed by section 31 lodged with the Minister."; (ii) in the second paragraph, omitting the word " Council " and substituting the word " Minister "; (iii) in the third paragraph, omitting the word " Council " and substituting the word " Minister "; (iv) in subsection (5), in the second paragraph, omitting the words " or of the Chairman of the Council ". 47. Amendment of s. 42. " The Fire Brigades Contributions 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 expression " ' " and the expression " ' " • (b) in subsection (2A), omitting the word " Council " and substituting the word " Minister "; (c) in subsection (3)- (i) in subparagraph (a), omitting the words " Under Secretary of the Department " and substituting the words " permanent head of the Department for the time being "; (ii) in subparagraph (b)- (A) omitting the word " Council " where it appears three times and substituting the word " Minister " in each case; (B) omitting the words " Under Secretary of the Department " and substituting the words " permanent head of the Department for the time being ". 48. Amendment of s. 43. Contribution by the Treasurer . Section 43 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) The permanent head of the Department for the time being administered by the Minister shall, in respect of each year,

386 Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 advise the Treasurer of the contribution payable by the Treasurer pursuant to sections 32 and 34 to each of the Boards and the Minister."; (b) in subsection (2), omitting the word " Council " and the words " Under Secretary of the Department " and substituting the word "Minister " and the words " permanent head of the Department for the time being " respectively. 49. Amendment of s. 59. Power to make regulations . Section 59 of the Principal Act is amended in subsection (1) by- (a) omitting subparagraph (a) and substituting the following subparagraph:- (aa)) providing for and regulating the form and manner in which the Minister shall prepare and lodge his budget;"; (b) in subparagraph (b), omitting the word " Council " and substituting the word " Minister "; (c) in subparagraph (e), omitting the word " Council " and substituting the word " Minister ". 50. Amendment of s. 60 . Penalty provisions . Section 60 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words " the Council,"; (ii) omitting the words " officer of the Council " and substituting the word " person "; (b) in subsection (1A), in the first paragraph, omitting the words " to the Council "; (c) in subsection (2), in subparagraph (b) (i), omitting the words " Chairman of the Council " and substituting the word Minister ". 51. Amendment of Part I of Schedule I. Rules for Election by Contributory Companies of Members of a Board . The Principal Act is amended in Schedule 1, in Part I, by- (a) in rule 1- (i) in subrule (2), omitting the word " Council " and substituting the word " Minister "; (ii) in subrule (3), omitting the word " Council " where it twice appears and substituting the word " Minister " in each case; (b) omitting rule 4 and substituting the following rule:- " 4. Report. ' The Chairman of a meeting convened under rule I of these rules shall forthwith upon the completion of an election of a member or members of a Board report the result thereof to the returning officer who shall, as soon as practicable report to the Minister the name of every member of a Board elected at such meeting.".

Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 387 52. Amendment of Part II of Schedule I . Rules for Election by Component Local Authorities of Members of a Board . The Principal Act is amended in Schedule I, in Part II, by omitting rule 9 and substituting the following rule:- " 9. Report of poll. Forthwith upon the declaration of a poll the returning officer shall report the name of the candidate or the names of the candidates thereby elected to the Minister.". 53. Amendment of Part III of Schedule I. Rules Governing the Members and the Proceedings and Business of Boards. The Principal Act is amended, in Schedule 1, in Part III, by- (a) in rule 3- (i) in the paragraph commencing with the words " Upon the occurrence " omitting the word " Council " and substituting the word Minister "; (ii) in the last paragraph, omitting the word " Council " and substituting the word " Minister "; (b) in rule 4, in subrule (7)- (i) in the second paragraph, omitting the word " Council " and substituting the word " Minister "; (ii) in the third paragraph, omitting the word " Council " and substituting the word " Minister "; (c) in rule 12, in subrule (2), omitting the words " The Audit Acts, 1874 to 1960 " and substituting the words " the Financial Administrationand Audit Act1977-1981 (d) in rule 13, omitting the word " Council" where it twice appears and substituting the word " Minister " in each case; (e) in rule 23, omitting the proviso to subrule (1) and substituting the following proviso:- " Provided that the senior officer or fireman in the chain of command determined by the Minister who is present at the fire, or, if no such determination has been made, the chief officer employed by the Board of the district in which the fire occurs shall have the power and be charged with the duty of controlling, directing and regulating every Fire Brigade present at the fire and every other person assisting to extinguish or control the fire.". 54. Amendment of Part IV of Schedule I. Rules Governing the Members and the Proceedings and Business of the Council . The Principal Act is amended in Schedule I, in Part IV, by- (a) in rule 1, omitting the words " secretary to " and substituting the words " Chairman of "; (b) in rule 2, in subrule (1), omitting the words " secretary to the Council " and substituting the word " Minister "; (c) in rule 3- (i) in subrule (4), in the second paragraph, omitting the words " secretary to the Council if no member is present or " and substituting the words " Chairman of the Council ";

388 Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 (ii) in subrule (5), in the last paragraph, omitting the words " secretary to " and substituting the words " Chairman of "; (iii) in subrule (6), omitting the words " The Council may pay " and substituting the words " There may be paid "; (d) in rule 5, in the second paragraph, omitting the words " or by the secretary to the Council at his direction "; (e) in rule 8- (i) in subrule (1), in the third paragraph, omitting the words " secretary to the Council under the superintendence of the "; (ii) omitting subrule (2) and substituting the following subrule: " (2) Every entry in a book kept by the Chairman of the Council pursuant to this rule purporting to be a minute relating to the proceedings of the Council and to be signed by the Chairman and a certified copy of or an extract from such an entry purporting to be signed by the Chairman and another member of the Council shall, upon its production in any proceeding, be evidence and in the absence of evidence to the contrary, conclusive evidence of the proceedings appearing by that entry to have been taken and of the validity of such proceedings."; (f) repealing rules 9 to 14 both inclusive. 55. Amendment of Schedule H. (1) The Principal Act is amended in Schedule II by- (a) in rule 3, in subrule (2), inserting at the end thereof the following paragraph:- " The provisions of subparagraph (b) do not apply to a notice of appeal against punishment referred to in rule 4A."; (b) in rule 4- (i) after the words " notice of appeal " inserting the words " (other than a notice of appeal against punishment referred to in rule 4A) "; (ii) at the end thereof, inserting the following paragraph:- " Upon receipt of a notice of appeal against punishment referred to in rule 4A, the secretary to the Board shall forward the same to the permanent head of the Department administered by the Minister together with the reports and explanations before the Board when imposing the punishment appealed against."; (c) after rule 4, inserting the following rule:- " 4A. Council to determine appeals against punishment of a minor nature . (1) An appeal in respect of punishment for an offence against the By-laws imposed by or on behalf of a Board which punishment consists of a caution, reprimand or a fine not exceeding $10 shall be determined by the Council. (2) Upon such an appeal being made, the Council shall consider the reports and explanations before the Board when the Board imposed the punishment and, if the Council thinks fit, any further reports or explanations in writing by or on behalf of the appellant.

Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 389 (3) The appellant or his legal representative may make submissions to the Council in writing. Such submissions shall be included with the notice of appeal despatched to the secretary to the Board or forwarded to the permanent head of the Department administered by the Minister within 14 days after the despatch of the notice of appeal. (4) In making its decision the Council shall take into consideration the previous record of the appellant. (5) The Council may confirm, reduce or disallow the punishment imposed by the Board. (6) The decision of a Board imposing punishment to which this rule applies or, on appeal under this rule, the Council shall be final and without appeal to any court or tribunal whatever. (7) The permanent head of the Department administered by the Minister shall notify the appellant and the Board concerned of its decision. (8) The Board concerned and any other person concerned shall give effect to the Council's decision."; (d) in rule 5, in subrule (1), after the words " For the purpose of hearing an appeal inserting the words " (other than an appeal against punishment referred to in rule 4A) "; (e) in rule 10- (i) in subrule (1), after the words " for hearing an appeal " inserting the words " by an Appeal Board "; (ii) in subrule (2), after the words " for hearing an appeal " inserting the words " by an Appeal Board "; (f) in rule 14, after the words " in an appeal " inserting the words " before an Appeal Board "; (g) in rule 24- (i) in the first paragraph, after the words " in an appeal " inserting the words " before an Appeal Board "; (ii) at the end thereof, inserting the following paragraph:- " The Board concerned in an appeal against punishment to the Council under rule 4A shall pay the expenses reasonably incurred by the Council in determining the appeal. ". (2) Notwithstanding the provisions of subsection (1), an appeal against punishment imposed by a Board instituted under the Principal Act prior to the commencement of this Act shall apply in relation to that appeal as if subsection (1) had not been enacted. PART III-AMENDMENTS OF RURAL FIRES ACT 1946-1982 56. Citation . (1) In this Part, the Rural Fires Act 1946-1982 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Rural Fires Act 1946-1984.

390 Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 57. Amendment of s. 32. Power of Board to register bush fire brigade. Section 32 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting the words " Bush fire brigade district " appearing in and at the beginning of paragraph (ii); (ii) in paragraph (iv), omitting the word "A" and substituting the words " Save where a bush fire brigade district is constituted pursuant to subsection (3), a "; (b) after subsection (2), inserting the following subsection:- " (3) (i) With the approval of the Minister given upon the recommendation of the Board, a bush fire brigade district may be constituted over an area that is already wholly or partly within a fire brigade district. (ii) A bush fire brigade shall not operate within any area of its district that is within a fire brigade district unless- (A) there exists a mutual aid plan agreed upon between the bush fire brigade and the Fire Brigade Board for the fire brigade district of which that area is a part and approved by the Minister; and (B) the bush fire brigade operates in compliance with that mutual aid plan and, in so far as the mutual aid plan is deficient, in compliance with the lawful orders of the person in charge of any fire brigade in attendance or if no such fire brigade attends, in compliance with the lawful orders of the first officer or other person exercising the powers of the first officer of the bush fire brigade. (iii) A Fire Brigade Board for a fire brigade district over any area of which a bush fire brigade district is constituted and every fire brigade operating within that area shall comply with the mutual aid plan agreed upon by the Fire Brigade Board and the bush fire brigade registered in respect of that bush fire brigade district and approved by the Minister as prescribed. (iv) At the direction of the Minister, a Fire Brigade Board for a fire brigade district and a bush fire brigade registered in respect of a bush fire brigade district shall confer and agree upon a mutual aid plan in respect of their operations over an area within both districts. If after the time specified by the Minister in his direction a mutual aid plan has not been agreed upon by the Fire Brigade Board and the bush fire brigade or the mutual aid plan so agreed upon is unacceptable to the Minister, the Minister, may formulate a mutual aid plan which plan, upon notification in writing to the Fire Brigade Board and to the bush fire brigade, shall be deemed to be the mutual aid plan agreed upon by them and approved by the Minister. ".

Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 391 58. Amendment of s. 42B. Appropriation of contribution to Fund. Section 42B of the Principal Act is amended by- (a) in subsection (1), omitting the word " Precepts " and substituting the word " Contributions "; (b) in subsection (2), in subparagraph (a), omitting the word Precepts " and substituting the word " Contributions ". 59. Amendment of s. 48. Offences . Section 48 of the Principal Act is amended, in subsection (1), by omitting provision (e) and substituting the following provision:- (e) Trespasses upon any State forest, timber reserve, National Park, Environmental Park, fauna reserve or unoccupied Crown lands without authority and during such times as may be prescribed;". PART IV-AMENDMENTS OF FIRE SAFETY ACT 1974-1982 60. Citation . (1) In this Part, the Fire Safety Act1974-1982 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Fire Safety Act1974-1984. 61. Amendment of s. 5. Meaning of terms . (1) Section 5 of the Principal Act is amended in subsection (1) by- (a) in the meaning of the term " fire authority "- (i) in provision (b), omitting the word " Council " and substituting the word " Minister "; (ii) in provision (c), omitting the word " Council " and substituting the word " Minister "; (b) in the meaning of the term " fire safety officer ", omitting the word " Council " where it twice appears and substituting the word " Minister " in each case. (2) A person who, immediately before the commencement of this Part; is a fire safety officer within the meaning of the Principal Act shall on and from the commencement of this Act be taken to be approved by the Minister to hold the appointment of fire safety officer until the Minister in writing withdraws that approval. 62. Amendment of s. 13. Declaration of uses of premises . Section 13 of the Principal Act is amended in subsection (1) by omitting the words " State Fire Services Council " and substituting the word " Minister ". 63. Amendment of s. 38. Enforcement of Act by fire authorities. Section 38 of the Principal Act is amended by- (a) in subsection (2), omitting the word " Council " where it twice appears and substituting the word " Minister " in each case;

392 Fire Brigades Act and Other Acts Amendment Act 1984, No. 34 (b) in subsection (3)- (i) omitting paragraph (a) and substituting the following paragraph:- " (a) The Minister or a Board or any person acting under the authority of the Minister or a Board shall not incur any liability in respect of the doing of any matter or thing done in good faith by the Minister or a Board or, as the case may be, that person for the purpose of executing this Act or any function, power, authority or duty of the Minister or a Board or that person under this Act and the expenses of the Minister or any member of a Board or of that person reasonably incurred in such execution shall, be an expense authorized by this Act."; (ii) in paragraph (b), omitting the words " the Council or " where they appear three times; (iii) in paragraph (c) omitting the words " a member of the Council or " and substituting the words " the Minister or a member of ". 64. Amendment of s. 39. Appointment of persons to enforce Act. Section 39 of the Principal Act is amended by- (a) omitting subsection (2) and substituting the following subsection :- " (2) The power conferred by section 24 of the Fire Brigades Act 1964-1984 to appoint persons to act in aid of the Minister includes power to appoint such number of persons as fire safety officers as is necessary for the Minister to perform his function prescribed by section 38 (2) and to appoint persons to act in aid of such fire safety officers."; (b) in subsection (3)- (i) in the first paragraph, omitting the word " Council " where it appears three times and substituting the word " Minister " in each case; (ii) in the second paragraph, omitting the words " the Council's " and substituting the words " the Minister's "; (c) in subsection (4), omitting the word " Council " and substituting the word " Minister ".