Fire Brigades Act of 1964 (Qld)

449 Qltcvn5lcalll AN'NO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 48 of 1964 An Act to Consolidate and Amend the Law Relating to Fire Brigades [ASSENTED TO 10TH DECEMBER, 1964] 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. (1) Short title . This Act may be cited as " The Fire Brigades Act of 1964." (2) Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. (3) Parts of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-FIRE BRIGADE BOARDS; PART III-STATE FIRE SERVICES COUNCIL; PART IV--CONTRIBUTION TO THE BOARDS AND TO THE COUNCIL; PART V-BORROWINGS BY THE BOARDS; PART VI-REGULATIONS AND MISCELLANEOUS PROVISIONS.

450 Fire Brigades Act of 1964, No. 48 2. Repeal and savings . (1) " The Fire Brigades Acts, 1920 to 1962 " are repealed. (2) Without limiting the operation of " The Acts Interpretation Acts, 1954 to 1962 "- (a) Every district existing at the commencement of this Act shall, subject to this Act, continue to be a district for the purposes of this Act and shall be deemed to have been constituted under this Act; (b) Every Fire Brigade Board existing at the commencement of this Act shall, subject to this Act, continue to exercise and perform its powers, functions and duties for the purposes of this Act until the constitution of a Board in substitution therefor under this Act. Every such Fire Brigade Board shall, so long as it continues in being, be deemed to be a Board within the meaning of this Act. The members of every such Board shall continue to hold their respective offices on such Board until they respectively cease so to do in accordance with this Act; (c) Every by-law and regulation made by a Board prior to the commencement of this Act which was, at the time of its making, lawful and which subsists at the date of commencement of this Act shall continue to be of full force and effect until it is amended or revoked by the Board or the Governor in Council under this Act; (d) Every action, suit and proceeding by or against a Board pending at the commencement of this Act may be carried on and prosecuted by or against the Board as if this Act had not been passed; (e) Every person employed by a Board at the date of commencement of this Act shall be deemed to have been appointed to his position pursuant to and for the purposes of this Act; (f) Every by-law of a Local Authority made in relation to a Volunteer Fire Brigade prior to the commencement of this Act which was at the time of its making lawful and which subsists at the commencement of this Act shall continue to be of full force and effect until it is amended or repealed by the Local Authority or until such brigade is registered at the office of a Board pursuant to this Act whichever shall be the first to occur; (g) Every loan advanced by the Treasurer to a Board or raised by a Board by the sale of debentures pursuant to "The Fire Brigades Acts, 1920 to 1962 " or any other Act and in respect of which any money is outstanding at the commencement of this Act shall be deemed to have been advanced or, as the case may be, raised pursuant to this Act; (h) Every Fire Brigade Fund established prior to the commencement of this Act and subsisting at such commencement shall be deemed to have been established under this Act and shall be continued for the purposes of this Act.

Fire Brigades Act of 1964, No. 48 451 3. Interpretation . In this Act, unless the context otherwise indicates or requires, the following terms have the meanings respectively assigned to them, that is to say: " Board "-A Fire Brigade Board constituted under and for the purposes of this Act; " By-laws "-By-laws made by a Board under this Act; " Chairman "-The Chairman of a Board: The term includes the deputy chairman and any person acting for the time being as chairman; " Chief inspector "-The Chief Inspector of Fire Services appointed under this Act; " Chief officer "-A person appointed by a Board to be in command of the Fire Brigade provided by such Board: The term includes any person for the time being in command of a Fire Brigade; " Company "-Includes every body corporate whether- (a) incorporated under the laws of the State or elsewhere; or (b) registered under the laws of the State or not; or (c) its principal office or place of business is situated within the State or elsewhere; " Component Local Authority "-A Local Authority the area within the jurisdiction of which or part of such area comprises or is comprised in the district of the Board which under this Act exercises its functions in that area or part; " Contributory company "-An insurance company incorporated or registered in the State and liable to contribute towards the total annual contribution; " Council "-The State Fire Services Council constituted under this Act; " District "-A district constituted under and for the purposes of this Act and administered by a Board; " Fire insurance "-Includes the business of underwriting policies of fire insurance and includes any comprehensive insurance which includes an indemnity against loss or damage due to fire; " Fund "-A Fire Brigade Fund established under this Act; " Insurance company "-Any person carrying on the business of fire insurance whether exclusively or in conjunction with any other business: The term includes an agent, attorney, secretary or representative of, or person collecting premiums for, such person and also the General Manager of the State Government Insurance Office (Queensland) appointed under and for the purposes of " The State Government Insurance Office (Queensland) Act of 1960 "; and in relation to any financial year, calendar year or other period of time, the term includes any person who has carried on the business of fine insurance during any part of that financial year, calendar yfar or other period of time; " Local Authority "-The Brisbane City Council constituted under "The City of Brisbane Acts, 1924 to 1960," and a Local Authority within the meaning of " The Local Government Acts, 1936 to 1963 ";

452 Fire Brigades Act of 1964, No. 48 " Minister "-The Minister for Labour and Industry of Queensland or other Minister of the Crown for the time being charged with the administration of this Act: The term includes a person temporarily performing the duties of the Minister charged with the administration of this Act; " Occupier "-The person in actual occupation of any premises or, if there is no such person, the person entitled to possession thereof; " Owner "-The person other than Her Majesty who for the time being is entitled to receive the rent of any premises or who, if the same were let to a tenant at a rack-rent, would be entitled to receive the rent thereof: The term includes any lessee or licensee from the Crown and, as respects any premises leased by the Commissioner for Railways or The Minister for Industrial Development of Queensland the lessee of such premises; " Person "-Includes a natural person and a company, partnership or association; " Premises "-Includes land, any structure, wharf, jetty or vessel; Property "-Real and personal property of every description; " Region "-A region constituted under this Act; " Secretary "-The person for the time being performing the duties of the secretary to a Board; " Total annual contribution "-The aggregate of the moneys to be contributed by contributory companies and owners of property under this Act in respect of the year in question; " Treasurer "-The Treasurer of Queensland or other Minister of the Crown for the time being performing the duties of the Treasurer of Queensland; " Vessel "-Any ship, boat or other craft used or constructed for use on or in water; " Volunteer Fire Brigade "-A Fire Brigade supported by voluntary contributions, with or without a subsidy from a Board: The term does not include a bush fire brigade within the meaning of " The Rural Fires Acts, 1946 to 1964 " or a Fire Brigade or corps formed for the purpose of protecting particular premises with the consent of the owner or occupier of such premises; " Year "-The period of time from and including the first day of July in one calendar year to and including the thirtieth day of June in the next following calendar year. A derivative of a term to which a meaning is assigned by this section when used in this Act has a corresponding meaning. 4. Administration of Act. This Act shall be administered by the Minister and, subject to him, by the Council and officers, from time to time, appointed for the purposes. of this Act.

Fire Brigades Act of 1964, No. 48 453 PART 11-FIRE BRIGADE BOARDS 5. Constitution of districts. (1) The Governor in. Council may, from time to time, by Order in Council constitute any portion of the State a district for the purposes of this Act and may, from time to time, in like manner- (a) include in a district any portion of the State which is not included in a district; (b) abolish any district or districts and join such district or districts or join parts of such district or districts with another district or districts; (c) alter the boundaries of districts by including in one district a part or parts of another district or a part or parts of other districts and by excluding such part or parts from such other district or districts; (d) divide a district into two or more districts. Any such district may comprise the whole or any division or part of the area of a Local Authority or may comprise the whole or any divisions or parts of the areas of two or more Local Authorities. (2) When a boundary of a district is altered and a boundary of any other district is thereby affected the Governor in Council may, if it becomes necessary so to do, by Order in Council, declare and apportion the assets and liabilities of the respective Boards concerned between them as to him appears just. (3) When two or more existing districts are amalgamated the Governor in Council may, by Order in Council, declare the assets and liabilities of the respective Boards concerned to be vested in the Board of the amalgamated district and thereupon such assets and liabilities shall vest accordingly. 6. Constitution of Boards . (1) For every district there shall be a Board to be called " The (name of district) Fire Brigade Board ". (2) A Board shall consist of seven members and shall be constituted- (a) in the case of the first Board of a district, within sixty days after the publication of the Order in Council whereby the district is constituted; and (b) in any other case, except where it is in this Act otherwise provided, within sixty days after the completion of each triennial election of members of the Local Authority or Local Authorities having jurisdiction in the area or areas comprising the district concerned. (3) A Board shall be constituted as follows:- (a) the Governor in Council shall, by notification published in the Gazette, appoint two members; (b) the contributory companies shall elect three members; (c) the component Local Authority or group of component Local Authorities shall be represented by two members each of whom shall be a member of such component Local Authority or where there are two or more such component Local Authorities, of one of such component Local Authorities.

454 Fire Brigades Act of 1964, No. 48 When there are two or more component Local Authorities the Governor in Council may, by Order in Council , assign one such member to any one or more of such component Local Authorities and the other such member to the other or others of such component Local Authorities whereupon each such member shall represent the component Local Authority or group of component Local Authorities to which he has been respectively assigned. (4) Time and place of election by contributory companies . The time and place of an election by the contributory companies for the purpose of first constituting the Board of a district shall be appointed by the Governor in Council by notification published in the Gazette and thereafter the time and place of every election by contributory companies to the Board shall, subject to this Act, be appointed by the person who, pursuant to this Act, is returning officer for that election. ( 5) Mode of appointment of component Local Authority representatives. A component Local Authority or group of component Local Authorities shall appoint its representative or representatives on a Board in such manner as it may determine or as the several component Local Authorities comprising such group may agree upon. If it appears that two or more component Local Authorities cannot agree upon the manner of appointment of a representative or representatives they shall elect such representative or representatives. (6) Disqualification . A person who- (a) is an employee of a Board, or is concerned or participates in the profits of a contract with the Board; (b) is an undischarged bankrupt or has entered into a subsisting composition, assignment or scheme of arrangement with or for the benefit of his creditors; (c) is undergoing a sentence imposed upon a. conviction of an indictable offence; (d) is a patient within the meaning of " The Mental Health Act of 1962 "; or (e) is not an elector with respect to the area of a Local Authority having jurisdiction in an area within the district for which the Board is constituted, shall not be qualified to be or to continue as a member of a Board: Provided that- (a) a person shall not be disqualified from being or continuing as a member of a Board solely because he is concerned or participates in a transaction with such Board in respect of- (i) a sale , purchase or lease of land or an agreement for such a sale, purchase or lease; (ii) a contract entered into by a company for the general benefit of such company; (iii) a contract for the publication of advertisements in a public journal; or (iv) a sale of goods to or performance of work for the Board bona fide in the ordinary course of business and not pursuant to any written contract and not exceeding the sum or value of five hundred pounds in any year;

Fire Brigades Act of 1964, No. 48 455 (b) in any case where the Minister certifies that it is not reasonably practicable for the contributory companies to elect as a member or members of a Board a person or a sufficient number of persons who is or are not disqualified under paragraph (e) of this subsection the contributory companies may elect as a member or members of the Board a person or persons who is or are disqualified under paragraph (e) of this subsection. Any person so elected shall be deemed to be capable of being and continuing a member of the Board but he shall not receive by way of travelling expenses a greater sum than- (i) the travelling expenses actually incurred by him as a member of the Board; or (ii) the maximum sum which he could properly be paid under rule 4 of Part III of Schedule I to this Act as a member of the Board by way of travelling expenses were he not disqualified under paragraph (e) of this subsection, whichever is the less. In this subsection,- (a) the term " elector " means, in relation to an area within the City of Brisbane, an elector within the meaning of " The City of Brisbane Acts, 1924 to 1960 " and, in relation to any other area, an elector within the meaning of " The Local Government Acts, 1936 to 1963 "; (b) the term " employee " includes a person who is a volunteer fireman or who otherwise devotes only part of his time to the service of a Board irrespective of the manner in which remuneration therefor is paid to him or of the fact that he receives no remuneration therefor. 7. (1) Rules applicable to election by contributory companies. The rules set forth in Part I of Schedule I to this Act shall apply to every election of a member or members of a Board by the contributory companies and shall be observed. (2) Rules applicable to election by group of component Local Authorities. When a group of component Local Authorities elects its representative or representatives pursuant to subsection (5) of section six of this Act the rules set forth in Part II of Schedule I to this Act shall apply to such election and shall be observed. (3) Rules of procedure applicable to Boards . The rules set forth in Part III of Schedule I to this Act shall govern the members, proceedings and conduct of business of a Board and shall be observed. (4) Initial constitution of Board . The Governor in Council shall cause notification of the names of the first members of a Board to be published in the Gazette and thereupon the Board shall be deemed to be duly constituted. The first meeting of the Board shall be convened by the person appointed by the Minister as returning officer under Part I of Schedule I to this Act. (5) Appointment to Board in default of appointment or election otherwise . If within the time limited by or pursuant to this Act for the appointment or election of a member or members of a Board a sufficient number of members of such Board is not appointed or elected by the contributory companies or a component Local Authority or

456 Fire Brigades Act of 1964, No. 48 group of component Local Authorities the Governor in Council shall appoint a sufficient number of fit and proper persons to be a member or members of such Board and every person so appointed shall be deemed to have been appointed or, as the case may require, elected by the contributory companies or, as the case may be, component Local Authority or group of component Local Authorities by which and at the time when such member or members ought to have been appointed or elected. (6) Disqualification of Local Authority representative . When a member of a Board being a representative of a component Local Authority or group of component Local Authorities ceases to be a member of a Local Authority which has appointed or elected him or which has joined in appointing or electing him he shall thereupon cease to be a member of the Board. (7) Duration of membership . Subject to this Act a member of a Board shall hold his office on and from the date of his appointment or, as the case may be, election until his successor is appointed or elected in accordance with this Act. 8. Board to be body corporate. (1) A Board shall, by the name assigned to it by the Governor in Council, be a body corporate with perpetual succession and a common seal which shall be judicially noticed, and, subject to this Act, shall be capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts or sums of money due to it and of acquiring, holding and alienating property and of doing and suffering all such acts and things as bodies corporate may in law do and suffer. (2) A Board may, subject to and in accordance with " The Public Works Land Resumption Acts, 1906 to 1955," take any land required by it for the purposes of this Act. 9. General powers and duties of Board . A Board, in relation to the district for which it is constituted, is invested with the duty of controlling and extinguishing fires and of protecting life and property in case of fire. For the purpose of performing such duty a Board may provide and maintain a Fire Brigade consisting of a sufficient number of persons and furnish the same with such plant, equipment and tools as may be necessary for the complete equipment of such brigade and the performance of its duties and the carrying of this Act into effect. Such a Fire Brigade may be located at such places in the district as the Board may, from time to time, determine. 10. Appointment and remuneration of employees . (1) A Board may, from time to time, appoint a secretary and, subject to the approval of the Council, a chief officer, a deputy chief officer and such officers, firemen, auxiliary firemen, cadet firemen, clerks and other employees as may be necessary to carry this Act into effect. A person appointed by a Board to any position other than that of secretary to the Board shall not while occupying such position be or continue secretary to such Board. In the case of an appointment which, by virtue of this section, is subject to the approval of the Council the power of the Board to dismiss the appointee shall not be subject to the like approval.

Fire Brigades Act of 1964, No. 48 457 (2) If a Board appoints or, prior to the commencement of this Act, has appointed a company, partnership or association to be secretary to the Board such company, partnership or, as the case may be, association shall forthwith upon such appointment or, in the case of an appointment made prior to the commencement of this Act, forthwith upon the commencement of this Act, nominate a natural person to perform the functions of secretary to such Board and such nominee shall be deemed to be secretary to such Board. (3) A Board shall not pay to a person appointed by the Board pursuant to subsection (1) of this section with respect to whom or to whose occupation as such appointee an industrial award or industrial agreement does not apply a sum by way of salary, wage, allowance or other remuneration for his services as such appointee unless the Council has approved of the amount of such payment: Provided that the provisions of this subsection shall not apply to or in relation to a salary, wage, allowance or other remuneration being paid by a Board to such an appointee at the commencement of this Act. 11. (1) Basis for promotion . In making an appointment to a position in the Fire Brigade of a Board for which position an officer or fireman employed by the Board on a permanent and full-time basis has applied such Board shall first consider the relative efficiency of the persons available for such appointment and, when the respective efficiency of two or more such persons are considered to be equal, such Board shall then consider the relative seniorities of such persons. (2) Appeals against appointments and punishment . If an appointment is made to any position of officer or fireman which position is of a permanent and full-time nature in the Fire Brigade provided by a Board whether such appointment be by way of appointment of a person already in the employment of the Board or by way of appointment of a person outside such employment any officer or fireman employed by such Board on a permanent and full-time basis- (a) who duly applied for such position; and (b) who considers himself more entitled to such position than the appointee thereto, may appeal against such appointment in the manner provided in Schedule II to this Act. Such an appeal may be on the ground of superior efficiency of the appellant or equal efficiency and seniority of the appellant to the appointee. (3) Any officer or fireman of a Fire Brigade provided by a Board whose employment is of a permanent and full-time nature and who for any offence against the By-laws has been punished by or on behalf of the Board by being dismissed, disrated, fined, reprimanded or dealt with otherwise howsoever, may appeal against such punishment in the manner provided in Schedule II to this Act. Such an appeal may be on the ground of innocence of the offence or excessive severity of the punishment. In an appeal on the ground of excessive severity of the punishment the Appeal Board hearing such appeal shall take into consideration the previous record of the appellant.

458 Fire Brigades Act of 1964, No. 48 (4) This section does not apply to or in relation to the following positions or to the holder of any of those positions :- (a) secretary, chief officer and deputy chief officer; (b) any position the duties whereof are wholly or mainly clerical; (c) any position the duties whereof are not concerned with the actual work of extinguishing or controlling fires; (d) any position prescribed from time to time by the Governor in Council by Order in Council (the Governor in Council being hereby thereunto empowered). 12. Superannuation . A Board shall support with other Boards the superannuation scheme approved by the Governor in Council for the benefit of employees employed by it on a full-time basis and their dependants and shall subsidize, contribute and make payment from the Fund of the Board to the funds created and held in connection with such scheme. 13. Volunteer Fire Brigades to register. (1) The person or persons in charge of a Volunteer Fire Brigade in a district at the commencement of this Act and which is not registered at the office of the Board constituted for that district shall register such brigade at such office forthwith upon the commencement of this Act. The person or persons in charge of a Volunteer Fire Brigade formed in a district after the commencement of this Act shall register such brigade at the office of the Board constituted for that district within twenty-eight days after the formation of such brigade. (2) A Volunteer Fire Brigade, when registered, shall be subject to periodical inspection by the chief officer of the Board with which such brigade is registered. The members of every Volunteer Fire Brigade registered with a Board pursuant to this section shall be subject to and shall comply with the By-laws made by the Board in relation to such brigade. The members of every Volunteer Fire Brigade present at a fire shall be under the control of and shall obey the lawful orders of the chief officer present at such fire or, in his absence, of the person in charge of the Fire Brigade in attendance at such fire. Upon the chief officer or other such person who exercised control over a Volunteer Fire Brigade at any fire certifying that a Volunteer Fire Brigade or any member thereof rendered efficient or valuable service in connection with such fire, the Board in whose district such fire occurred may pay to such brigade or to any member thereof such moneys as the Board may determine. (3) The Board may, from time to time, pay to any Volunteer Fire Brigade registered at its office such sum by way of subsidy as the Board may determine. 14. Volunteer Fire Brigades outside a district . Until a Board is constituted for a district which includes the area or part of the area concerned the power to make by-laws conferred upon the Local Authority having jurisdiction in the area concerned by " The Local Government Acts, 1936 to 1963," shall be deemed to include power to make such by-laws in relation to the registration, inspection, discipline and control of every Volunteer Fire Brigade in the area in which such Local Authority has jurisdiction or, as the case may require, that part of such area and which is not within a district and in relation to the vesting and disposal of the property of such a brigade.

Fire Brigades Act of 1964, No. 48 459 When a Board is constituted for a district which includes the area in which such brigade is located the person or persons in charge of such brigade shall forthwith register such brigade at the office of such Board. Upon such registration the provisions of section thirteen of this Act shall apply to and in relation to such brigade and the members thereof and the by-laws of the Local Authority concerned shall cease to apply in relation to such brigade and the members thereof. 15. Duty of police to assist Board ' s officers . (1) Upon receiving information of the occurrence of a fire requiring the attendance of a Fire Brigade the Commissioner of Police or the member of the Police Force in charge. at the time, of the police station nearest to the location of such fire shall forthwith send members of the Police Force to such fire in sufficient number to preserve order and to assist at such fire. (2) It is the duty of every member of the Police Force present at a fire to support and assist the chief officer or other person in charge of a Fire Brigade in attendance at such fire in maintaining his authority and in enforcing obedience to his lawful orders. Every such member of the Police Force may, and shall at the request of the chief officer or such other person, remove any person who interferes with the operation of a Fire Brigade at such fire. 16. Funds of Board . (1) A Board shall establish a fund to be called the " Fire Brigade Fund." (2) A Board shall pay or cause to be paid. into the Fund- (a) all moneys (excluding loan moneys) received from the Treasurer; (b) all moneys received from a Local Authority; (c) all moneys received from The Fire Brigades Precepts Trust Fund; and (d) subject to subsection (5) of this section, all other moneys received by the Board under or for the purposes of this Act other than the proceeds of a loan or the proceeds of a sale of debentures. (3) Subject to this Act, the Fund shall he applied towards the payment of all expenses necessarily incurred by the Board in carrying this Act into effect and in doing any act or thing which the Board is by this Act empowered or required to do. (4) The Board may pay out of the Fund any sum due under an agreement lawfully made for the purposes of this Act and any sum ordered in any action, suit or proceeding at law to be recovered against the Board and any sum which by any order made or purporting to be made under this Act the Board is directed to pay by way of compensation, damages, costs or otherwise. (5) A Board may, with the consent of the Governor in Council, establish a fund to be called the " Fire Brigade Capital Reserve Fund." A Board shall pay or cause to be paid into the Fire Brigade Capital Reserve Fund all moneys approved for that purpose by the Governor in Council.

460 Fire Brigades Act of 1964, No. 48 The Fire Brigade Capital Reserve Fund shall be applied towards the purchase, construction, renewal or replacement of land, buildings, plant and equipment: Provided that no money shall be paid out of such fund without the prior approval of the Governor in Council except when such money is being paid out by way of investment under subsection (6) or subsection (7) of this section. (6) A Board may invest any moneys from time to time standing to the credit of the Fire Brigade Capital Reserve Fund of the Board on fixed deposit or in debentures, inscribed stock, Treasury bills or other securities of the Government of the State or of the Commonwealth or any securities guaranteed by the Government of the State. Interest received by the Board on such an investment shall be paid to the credit of such reserve fund. (7) (a) A Board may, from time to time, invest upon security with an authorized and approved dealer moneys which are temporarily surplus in the Fund or any other fund established by the Board. Every such security shall be held either by the Board or to the account of the Board by the Reserve Bank of Australia. The Board shall obtain and keep a safe custody receipt in respect of every such security held to its account by the Reserve Bank of Australia. (b) For the purposes of this subsection the expression " authorized and approved dealer " means a person who- (i) is an authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as a lender of last resort; and (ii) is approved by the Governor in Council by Order in Council. 17. How contracts may be entered into . (1) A Board may enter into contracts, and every such contract may be made, varied, or discharged as follows, that is to say:- (a) any contract which, if made between natural persons, would by law be required to be in writing and under seal, may be made by the Board in writing and under its seal, and may be varied or discharged in the same manner; (b) any contract which, if made between natural persons, would by law be required to be in writing signed by the parties to be charged therewith, may be made in writing signed by the Chairman, or by any two members acting by the direction and on behalf of the Board, and may be varied or discharged in the same manner; (c) any contract which, if made between natural persons, would by law be valid, although not reduced into writing, may be made without writing by the Chairman or by any two members acting by the direction and on behalf of the Board, and may be varied or discharged in the same manner. (2) Subject as is in this section provided, all contracts made according to the provisions contained in this section, shall be effectual in law and shall be binding on the Board and all other parties thereto, their successors, executors, or administrators, as the case may be, and in case of default in the execution of any such contract either by the Board or by any other party thereto such actions may be maintained

Fire Brigades Act of 1964, No. 48 461 thereon and such damages and costs recovered by or against the Board or other party failing in the execution thereof as might have been maintained and recovered if the same contracts had been made between natural persons only. ( 3) Restriction as to hire - purchase and time - payment contracts. Notwithstanding anything contained in this Act or in any other Act, or law, or rule, or process of law to the contrary, a Board shall not enter into a contract of the following nature, namely:- (a) a hire-purchase agreement within the meaning of " The Hire- purchase Act of 1959 "; (b) a contract of sale whereby the payment by the Board for any plant, goods, material, or other property is spread over a period of time whereby such payment may be made by way of instalments, and notwithstanding that the property in such plant, goods, material, or other property shall at the date of the contract of sale or any subsequent date pass to the Board; (c) a contract for the sale of land whereby payment by the Board for such land is spread over a period of time whereby such payment may be made by way of instalments, and notwithstanding that the title to the land shall at the date of the contract or any subsequent date pass to the Board; (d) in respect of the carrying out by any person on behalf of the Board of any works or undertakings (other than works carried out by means of loans pursuant to this Act) a contract whereby the payment by the Board for the carrying-out of such works or undertakings is spread over a period of time whereby such payments may be made by the Board by way of instalments: Provided that nothing in this paragraph (d) shall prohibit the Board from making any payment by way of a progress payment in respect of the part performance of any contract otherwise lawful under this Act, and notwithstanding that the carrying-out of the work under any such contract extended beyond one year. A contract entered into by a Board contrary to the provisions of this subsection shall be void and of no effect. If a Board having entered into a contract which, by virtue of this subsection, is void and of no effect pays in respect of such contract any money, all the members of the Board who consented to the contract shall be jointly and severally liable to repay the same to the Board, and the same may be recovered from such members or any of them as money due and owing by such members to the Board by action at the suit of the Minister in any court of competent jurisdiction. (4) Composition for breaches of contracts , &c. A Board may for such sum of money or other consideration as it thinks fit, compound with any person who has entered into a contract with the Board (other than a contract which is, by virtue of this section, void and of no effect) or by or against whom any action or other proceeding may be or has been brought against or by the Board for any cause whatsoever. (5) Notice calling for tenders . Except in a case of emergency, before a Board enters into a contract for the execution of any work or the furnishing of any plant, goods, materials or other property to the value of two hundred and fifty pounds or upwards the Board shall invite tenders in relation thereto.

462 Fire Brigades Act of 1964, No. 48 Such tenders may be invited- (a) by publication in a newspaper or newspapers of three weeks' notice of the Board's intention to enter into such contract in which notice such tenders shall be invited; or (b) in such other manner as might reasonably be expected to ensure the receipt of a reasonable number of such tenders. The Board may accept the tender which on a view of all the circumstances appears to it to be most advantageous, and may take security for the due performance of every such contract, or the Board may decline to accept any of the tenders. 18. Board may make By-laws . (1) Subject to this section, a Board may, from time to time make By-laws not inconsistent with this Act in relation to all or any of the following purposes:- (a) the times for holding meetings of the Board, the summoning and adjournment of such meetings and the proceedings and preservation of order at such meetings; (b) the duties of employees of the Board and the terms and conditions of service of such employees; (c) the transaction and management of the business of the Board; (d) the payment of remuneration to any person in respect of voluntary or special services rendered to the Fire Brigade provided by the Board; (e) the maintenance of discipline and good conduct of employees of the Board; (f) the discipline and control of Volunteer Fire Brigades and the vesting and disposal of property of such brigades; (g) the carrying into effect of this Act generally. (2) A Board may, in its By-laws, impose a penalty for any breach of such By-laws and may impose varying penalties for successive breaches thereof. Any such penalty shall not exceed fifty pounds. (3) A By-law shall not have any force or effect unless it is- (a) sealed with the seal of the Board; (b) approved by the Council; (c) approved by the Governor in Council; and (d) published in the Gazette. A copy of the Gazette containing notification of the approval of a By-law by the Governor in Council shall, upon its production in any proceeding, be sufficient evidence until the contrary is shown that such By-law was duly made, sealed and approved as in this subsection provided and that such By-law is at the date of such production still in force. (4) The Governor in Council may at any time by notification published in the Gazette revoke any By-law or part of a By-law (whether made by a Board before or after the commencement of this Act), whereupon such By-law or, as the case may be, part shall cease to have any force and effect but without prejudice to anything done or omitted to be done thereunder prior to such revocation.

Fire Brigades Act of 1964, No. 48 463 PART III-STATE FIRE SERVICES COUNCIL 19. Constitution of State F ire Services Council . (1) There shall be constituted a State Fire Services Council which shall be a body corporate and, by that name, shall have perpetual succession and a common seal, which shall be judicially noticed, and, subject to this Act, shall be capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts or sums of money due to it and of doing and suffering all such acts and things as bodies corporate may in law do and suffer. (2) The Council shall consist of five members who shall be appointed in the following manner:- (a) The Minister shall appoint one member who shall be Chairman of the Council; (b) The Fire and Accident Underwriters' Association of Queensland shall appoint two members as representatives of the contributory companies; (c) The Local Government Association of Queensland (Incorporated) constituted under " The Local Government Acts, 1936 to 1963 " shall appoint one member; (d) The Minister of the Crown from time to time charged with the administration of the Queensland Civil Defence Organization shall appoint one member. (3) A person who- (a) is an employee of the Council or a Board or is concerned or participates in the profits of a contract with the Council or a Board; (b) is an undischarged bankrupt or has entered into a subsisting composition, assignment or scheme of arrangement with or for the benefit of his creditors; (c) is undergoing a sentence imposed upon a conviction of an indictable offence; (d) is a patient within the meaning of " The Mental Health Act of 1962 "; or (e) is not an elector within the meaning of " The Local Government Acts, 1936 to 1963 " or within the meaning of " The City of Brisbane Acts, 1924 to 1960," shall not be qualified to be or to continue as a member of the Council: Provided that a person shall not be disqualified from being or continuing as a member of the Council solely because he is concerned or participates in a transaction with the Council or a Board in respect of- (a) a sale , purchase or lease of land, or an agreement for such a sale, purchase or lease; (b) a contract entered into by a company for the general benefit of such company; (c) a contract for the publication of advertisements in a public journal; or (d) a sale of goods to or performance of work for the Council or a Board bona fide in the ordinary course of business and not pursuant to any written contract and not exceeding the sum or value of five hundred pounds in any year.

464 Fire Brigades Act of 1964, No. 48 In this subsection, the term " employee " includes a person who is a volunteer fireman or who otherwise devotes only part of his time to the service of a Board irrespective of the manner in which remuneration therefor is paid to him or of the fact that he receives no remuneration therefor. 20. Procedure of appointment . (1) The Governor in Council shall, by notification published in the Gazette, appoint a date for the purpose of the first appointment of persons to be members of the Council. The first appointment of persons to be members of the Council shall take place within sixty days after the date appointed pursuant to this subsection and thereafter each appointment of such members shall take place within sixty days after each triennial election held pursuant to The Local Government Acts, 1936 to 1963." 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. (2) The Governor in Council shall- (a) cause notification of the names of the persons appointed as the first members of the Council to be published i n the Gazette. and thereupon the Council shall be deemed to be duly constituted; (b) cause notification of the names of persons from time to time appointed as members of the Council to be published in the Gazette. 21. (1) Casual vacancies . When a vacancy occurs on the Council the Minister shall invite the person or association who appointed the member to the office in respect of which the vacancy exists to appoint another person as a member of the Council to fill that vacancy. (2) Procedure on failure to appoint . If, within the time limited by the last preceding section, or, in the case of an invitation issued pursuant to the preceding subsection, within one month of the date of such invitation, any person or association entitled under this Act so to do fails to appoint a member of the Council the Governor in Council shall, by notification published in the Gazette appoint some fit and proper person to the Council and every person so appointed shall be deemed to have been appointed by the person or association by whom such member ought to have been appointed. 22. Business of the Council . The rules set forth in Part IV of Schedule I to this Act shall govern the members, proceedings and conduct of business of the Council and shall be observed. 23. (1) Duties of Council . The Council shall- (a) advise the Minister in relation to the administration of this Act; (b) provide for the inspection and training of Fire Brigades; (c) ensure that every Board complies with the provisions of this Act and maintains an efficient fire service; (d) co-ordinate the fire services of the Boards to ensure mutual assistance amongst the Boards for the purpose of civil defence or other emergency;

Fire Brigades Act of 1964, No. 48 465 (e) encourage. supervise and advise on fire-protection methods and activities; (f) examine the budget of each Board prepared pursuant to this Act, revise and amend any such budget where it appears to the Council 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 Minister for the approval of the Governor in Council under this Act; (g) 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 recommend how such application might best be dealt with; (h) advise the Minister with respect to the constitution, extension, amalgamation and abolition, of districts and regions; (i) 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 it pursuant to this Act; (f) 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; (k) perform such other functions for the purposes of this Act as the Minister may, from time to time, assign to the Council or as may be prescribed; (1) issue such directions to such persons as the Council considers necessary to give effect to the performance by the Council of its functions under this Act. (2) Powers of Council. The Council shall have and may exercise such powers as the Governor in Council, from time to time by Order in Council, confers upon it for the purpose of carrying this Act into effect and, without limiting the powers which may he 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 Council considers necessary or desirable; (b) to provide for the standardization of plant, equipment, fire- fighting procedures and training as the Council 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 fire fighting 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 fire fighting; (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 amo.lg the Fire Brigade Services, the Defence Forces of the Commonwealth,

466 Fire Brigades Act of 1964, No. 48 or any part of such Forces, the Queensland Civil Defence '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, 24. Appointment of Council officers. (1) The Governor in Council may, from time to time by notification published in the Gazette, appoint- (a) a secretary to the Council; (b) such other officers (both professional and clerical) as he considers necessary to enable the Council to properly administer this Act. An officer of the department administered by the Minister may be appointed secretary to the Council and may hold such appointment in addition to the position he holds in such department. (2) Every person appointed by the Governor in Council pursuant to the preceding subsection shall hold his office under, subject to and in accordance with " The Public Service Acts, 1922 to 1963." Judicial notice shall be taken of the notification in the Gazette of such an appointment and of the appointment thereby notified. (3) Upon the recommendation of the Council, the Minister may, from time to time, appoint- (a) a Chief Inspector of Fire Services; (b) such other inspectors of fire services and other technical employees as he considers necessary for the purpose of carrying out the functions of the Council. The chief inspector shall be directly responsible to the Council and shall have direct access to the Council. A person appointed pursuant to this subsection shall be employed on such terms and conditions and be paid such remuneration as is, from time to time, provided for in any industrial award or industrial agreement applicable with respect to such person or, where there is no such industrial award or industrial agreement, as may, from time to time, be determined by the Council with the approval of the Public Service Commissioner. (4) For the purpose of securing to persons appointed pursuant to the last preceding subsection the benefits of the superannuation scheme referred to in section twelve of this Act the Council shall, in relation to its employment of such persons, be deemed to be a Board and such persons shall be deemed to be employees of a Board and the provisions of the Trust Deed or other document under which such scheme is, from time to time, conducted shall be read and construed accordingly. 25. Fire Service Inspectorate . (1) The Council shall establish a Fire Service Inspectorate. (2) Every inspector of fire services shall be subject to the direction of the Council and, with the approval of the Council, shall have power to enter upon premises of a Board and to inspect the fire service of the Board and, in particular, in respect of- (a) the efficiency and adequacy of the fire-fighting personnel under the jurisdiction of the Board; (b) the efficiency and adequacy of the fire-fighting plant, equipment and tools of the Board;

Fire Brigades Act of 1964, No. 48 467 (c) the fire-fighting methods and organization of the Board; (d) the efficiency and adequacy of the facilities for training of the fire-fighting personnel under the jurisdiction of the Board; (e) the necessity for the retention, expansion, co-ordination and re- organization of the fire-fighting services of the Board; (f) the capacity of the Board to co-operate with other persons in any action which may become necessary or desirable in the interests of civil defence, or otherwise. (3) An inspector of fire services shall inspect the premises of every Board at least once in every period of twelve months as far as practicable. Upon completion of an inspection under this section, the inspector who has made the inspection shall, as soon as practicable, report, in writing, to the chief inspector his findings upon such inspection. The chief inspector shall submit such report together with his recommendations (if any) thereon to the Council which may recommend to the Minister that he issue such directions to the Board concerned, as the Council considers necessary, directing such Board to remedy any defect which may have been found with respect to the Board's fire service. A Board which fails to comply with a direction of the Minister issued under this subsection, and every member of such a Board , commits an offence against this Act. (4) For the purposes of this section, the Governor in Council may, from time to time, by Order in Council divide the State into regions or constitute within the State one or more regions and may, from time to time, in like manner- (a) include in a region any portion of the State which is not included in a region; (b) abolish any region or regions and join such region or regions or join parts of such region or regions with another region or regions; (c) alter the boundaries of regions by including in one region a part or parts of another region or a part or parts of other regions and by excluding such part or parts from such other region or regions; (d) divide a region into two or more regions. Every such region shall include two or more districts. 26. Authority to perform functions of the Council . (1) For the purpose of performing any of its functions under this Act the Council may, with the approval of the Minister, by writing under its seal, authorize any person to do all or any of the following:- (a) enter upon the premises of any Board; (b) inspect the premises of any Board and the fire-fighting plant and equipment situated therein or thereon. (2) (a) A person authorized in writing by the Council pursuant to this section or pursuant to an exercise of power conferred upon the Council pursuant to subsection (2) of section twenty-three of this Act may do all things necessary or desirable to enable him to carry out the terms of his authority. (b) A person who wilfully obstructs in the exercise of his powers under this Act a person authorized by the Council under this section commits an offence against this Act.

468 Fire Brigades Act of 1964, No. 48 27. Council' s powers with respect to districts and Boards, (1) When, in the opinion of the Council, a Board has- (a) become unnecessary; or (b) exhibited grave neglect of its duty, or grave mis- management in its fire service, its finances or its administration; or (c) exhibited gross incompetence in the conduct of its affairs, the Council may recommend- (d) in the case of cause (a) referred to in this subsection, that the Board be dissolved and the district of such Board be abolished; and (e) in the case of any other cause, that the Board be dissolved, and that either- (i) a new Board be constituted for the district concerned; or (ii) the Council should be deemed to be the Board for that district until a new Board be constituted in accordance with the provisions for triennial constitution of such a Board contained in section six of this Act. (2) Upon the recommendation of the Council in that behalf, the Governor in Council may, by Order in Council, dissolve the Board and abolish the district or, as the case may require, dissolve the Board whereupon, in either case, the members of the Board shall forthwith go out of office. By the same or a subsequent Order in Council the Governor in Council may- (a) appoint the Council to carry on, for such period as is specified therein, such of the functions of the Board as are specified therein. For such period or for so long as such Order in Council remains in force (whichever is the shorter period) and for the purpose of performing such functions the Council shall be deemed to be the Board and shall have and may exercise and shall be subject to all the powers, authorities, duties and responsibilities of the Board under this Act; (b) direct that a new Board be constituted in accordance with this Act for the district in question before a date to be therein specified by him whereupon a new Board for such district shall be constituted accordingly. 28. Protection of Council and person acting with its authority. (1) The Council or any person acting under the authority of the Council shall not incur any liability in respect of the doing of any matter or thing done bona fide by the Council 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 under this Act, and the expenses of any member of the Council or of such person acting as aforesaid reasonably incurred in such execution shall be deemed to be an expense authorized by this Act. (2) A member of the Council shall not be subject to any personal liability in respect of a contract entered into by the Council bona fide for the purpose of executing this Act or any function, power, authority or duty of the Council under this Act.

Fire Brigades Act of 1964 , No. 48 469 (3) No provision of this section shall be construed so as to afford protection to a member of the Council or to a person referred to in subsection (1) of this section who has been guilty of fraud or wilful default in connection with any such matter or thing or to exonerate a member of the Council from his liabilities under section thirty-one (as applied to members of the Council by section thirty-three of this Act) of this Act. 29. Funds of the Council . (1) There shall be established in the Treasury a fund to be called " The State Fire Services Council Trust Fund." (2) There shall be paid into such fund- (a) all moneys received from the Treasurer; (b) all moneys received from a Local Authority; (c) all moneys received from The Fire Brigades Precepts Trust Fund; (d) all moneys paid to the Council in the course or on account of the discharge of its functions under this Act; (e) all other moneys directed or permitted by this Act to be paid to such fund. (3) There shall be paid from such fund- (a) the expenses incurred in the conduct of the business of the Council; (b) the salaries, allowances and proper expenses of the members and secretary of the Council, and of persons in the employ of the Council; (c) all moneys otherwise payable by the Council in the discharge of its functions under this Act. 30. Annual report by Council . (1) As soon as practicable after the completion of each year the Council shall furnish to the Minister a report of the administration by the Council of this Act in respect of the year last preceding. (2) The Minister shall lay a copy of every such report before the Legislative Assembly. PART IV-CONTRIBUTION TO THE BOARDS AND TO THE COUNCIL 31. Budget of a Board . (1) Before the fourteenth day of July in each year every Board shall lodge with the Council in or to the effect of the form prescribed a budget in respect of its Fund wherein the Board shall estimate as accurately as possible- (a) the amount to be disbursed by the Board during the year ending on the thirtieth day of June next following and during the first two months of the next succeeding year in the proper exercise by the Board of its functions and powers under this Act and in carrying this Act into effect; (b) the amount to be received by the Board during the year ending on the thirtieth day of June next following from all sources other than- (i) the Treasurer; (ii) the component Local Authorities;

470 Fire Brigades Act of 1964, No. 48 (iii) the Fire Brigades Precepts Trust Fund; (iv) the proceeds of a loan or the sale of debentures; and (v) amounts intended to be credited to the Fire Brigade Capital Reserve Fund of the Board. (2) Every such budget shall be subject to the approval of the Governor in Council and, until so approved, shall have no force or effect. (3) The Council shall revise every such budget and, where it appears to the Council that any amount therein has been over-estimated or under-estimated or that any item of disbursement included therein should not be included or that any amount or item that should be included therein has been omitted, shall amend the budget in such way as the Council thinks reasonable, and shall recommend the budget (as amended should the case require it) for the approval of the Governor in Council. When the Governor in Council has approved of a budget of a Board such budget, whether or not it has been amended pursuant to this subsection, shall be binding upon the Board concerned. (4) (a) Subject to the provisions of paragraph (b) of this subsection the Board shall confine its disbursements throughout a year within the items and the amounts contained in its budget for that year as approved by the Governor in Council. (b) If, during any year, it appears to the Board that an extraordinary circumstance has arisen which requires that the Board make a disbursement in that year that was not provided for in the budget for that year or that exceeds the amount estimated in respect of that disbursement in the budget for that year, the Board shall, before making the disbursement or excess disbursement, by resolution approve that such disbursement or excess disbursement be made. (c) Before the fourteenth day of July in each year the Board shall prepare and lodge with the Council, a return showing particulars of all disbursements and excess disbursements made by the Board under paragraph (b) of this subsection during the year last preceding and the circumstances in which each such disbursement or excess disbursement was made and shall apply to the Council for approval in accordance with this subsection of the making of each such disbursement or excess disbursement. (d) When an application is made under paragraph (c) of this subsection-- (i) the Board shall supply such information as the Council or the Minister may require; (ii) each such disbursement or excess disbursement may be approved by the Minister if the making of the same has not resulted in the Board's exceeding the total amount of the items of expenditure included in its budget (as approved) for the year in question excluding the amount provided for in that budget by way of disbursement for the first two months of the next succeeding year but, otherwise, by the Governor in Council. (e) If, in any year, the Board makes a disbursement that was not provided for in the budget of that Board for that year, as approved, or a disbursement that exceeds the amount estimated in respect of that disbursement in such budget, as approved, all the members of the Board who voted for such disbursement, or excess disbursement, as the case may be, shall be jointly and severally liable to repay to the Board the

Fire Brigades Act of 1964, N. 48 471 amount of such disbursement or the amount by which such disbursement exceeds the aforesaid estimated amount as the case may be, unless the Minister or the Governor in Council, as the case may require, has approved of the making of such disbursement or excess disbursement. Such amount may be recovered from such members or any of them as moneys due and owing to the Board by action at the suit of the Minister in any court of competent jurisdiction. (5) If the Fund of a Board contains a surplus or shows a deficit at the end of a year the Board shall take such surplus or deficit into account in the preparation of its budget for the next succeeding year, a surplus to be shown as a receipt of revenue by the Board for that succeeding year and a deficit to be shown as a disbursement for that succeeding year. 32. Liability to contribute to a Board . The amount of the difference between the estimates of the amount to be disbursed and the amount to be received by a Board during each year established by the budget of such Board as approved pursuant to the last preceding section shall be contributed- (a) as to one-seventh part by the Treasurer; (b) as to one-seventh part by the component Local Authority or, if there be more than one such Authority, the component Local Authorities together; (c) as to five-sevenths parts by the contributory companies and the owners of property referred to in section thirty-nine of this Act together. 33. Budget of the Council . (1) Before the fourteenth day of July in each year the Council shall lodge with the Under Secretary of the Department administered by the Minister, in or to the effect of the form prescribed, a budget wherein the Council shall estimate as accurately as possible- (a) the amount to be disbursed by the Council for the purposes of this Act during the year ending on the thirtieth day of June next following and during the first two months of the next succeeding year; (b) the amount to be received by the Council during the year ending on the thirtieth day of June next following from all sources other than- (i) the Treasurer; (ii) a Local Authority; (iii) the Fire Brigades Precepts Trust Fund. (2) Every such budget shall be subject to the approval of the Governor in Council and, until so approved, shall have no force or effect. (3) The Minister or a person appointed by him shall revise every such budget and, where it appears to the Minister that any amount therein has been over-estimated or under-estimated or that any item of disbursement included therein should not be included or that any amount or item that should be included therein has been omitted, the Minister shall amend the budget in such way as he thinks reasonable and shall recommend the budget (as amended should the case require it) for the approval of the Governor in Council.

472 Fire Brigades Act of 1964, No, 48 When the Governor in Council has approved of a budget of the Council such budget, whether or not it has been amended pursuant to this subsection, shall be binding upon the Council. (4) The provisions of subsection (4) of section thirty-one of this Act shall, with all necessary adaptations, apply to the Council and the members thereof as if the budget of the Council were a budget of a Board and as if the members of the Council were members of a Board within the application of that subsection. (5) If the State Fire Services Council Trust Fund contains a surplus or shows a deficit at the end of a year the Council shall take such surplus or deficit into account in the preparation of its budget for the next succeeding year, a surplus to be shown as a receipt of revenue by the Council for that succeeding year and a deficit to be shown as a disbursement for that succeeding year. 34. Liability to contribute to Council. The amount of the difference between the estimates of the amount to be disbursed and the amount to be received by the Council during each year established by the budget of the Council as approved pursuant to the last preceding section shall be contributed- (a) as to a one-seventh part, or such other part exceeding a one-seventh part but not exceeding two-sevenths parts as is, from time to time, prescribed by the Governor in Council by Order in Council. by the Treasurer: (b) as to a one-seventh part by the Local Authorities from time to time prescribed by the Governor in Council pursuant to this Act together; (c) as to five-sevenths parts by the contributory companies and the owners of property referred to in section thirty-nine of this Act together. The liability of the Local Authorities to contribute pursuant to this section shall commence on a date or dates to be fixed by the Governor in Council by Order in Council. 35. Apportionment of total annual contribution between contributory companies and owners of property. The amount of the total annual contribution to be paid pursuant to sections thirty-two and thirty-four of this Act shall be apportioned rateably as between the contributory companies on the one hand and owners of property on the other according to the totals respectively of- (a) the amount of the premiums received by all contributory companies for fire insurance and fire re-insurance throughout the State during the calendar year last preceding the year for which such apportionment is to be determined less the amount of premiums paid away by them for fire re-insurance within the State during that calendar year to others of them; and (b) the amount of the premiums paid by such owners of property for fire insurance in respect of their property during the calendar year last preceding the year for which such apportionment is to be determined.

Fire Brigades Act of 1964, No. 48 473 36. Apportionment of contribution amongst contributory companies. (1) Subject to this section, the contribution to be paid pursuant to sections thirty-two and thirty-four of this Act by contributory companies in respect of each year shall be apportioned amongst them and shall be paid by them rateably according to the amount of the premiums received by them respectively for fire insurance and fire re-insurance throughout the State during the calendar year last preceding the year for which such contribution is to be determined less the amount of premiums paid away by them respectively for fire re-insurance within the State during such calendar year to others of them who, for the purposes of this subsection, disclosed the same in the return in this section provided for as premiums received for fire re-insurance. (2) For the purposes of the preceding subsection- (a) in respect of comprehensive insurance on motor vehicles, only five per centum of the amount of premiums received or paid away as set forth in the preceding subsection by a contributory company shall be taken into account; (b) in respect of fire insurance on television receivers, an amount of five shillings only for each such receiver insured by a contributory company shall be taken into account; (c) in respect of householders comprehensive insurance, only sixty-six and two-thirds per centum of the amount of premiums received or paid away as set forth in the preceding subsection by a contributory company shall be taken into account. (3) Returns by contributory companies. 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 may, by notification published in the Gazette, appoint, (the Minister being hereby thereunto empowered) furnish to the Council a return, verified as prescribed by this subsection, wherein such contributory company shall, subject to this section, disclose- (a) the amount of premiums received by such contributory company for fire insurance and fire re-insurance throughout the State during the calendar year last preceding the year for which such amount of contribution is to be assessed; and (b) the amount of premiums paid away by such contributory company for fire re-insurance within the State during such calendar year to other contributory companies which for the purposes of subsection (1) of this section disclose the same in a return made pursuant to this subsection as premiums received for fire re-insurance. The manager, secretary, agent or attorney of each contributory company shall verify the return of such company by statutory declaration under his hand. (4) For the purposes of the last preceding subsection- (a) every such return which includes premiums in respect of comprehensive insurance on motor vehicles shall include only five per centum of the amount of such premiums; (b) every such return which otherwise should include premiums in respect of fire insurance on television receivers shall, in lieu of such premiums, include an amount of five shillings for each such receiver insured by the contributory company concerned;

474 Fire Brigades Act of 1964, No. 48 (c) every such return which includes premiums in respect of householders comprehensive insurance shall include only sixty-six and two-thirds per centum of the amount of such premiums. (5) The Governor in Council may, by Order in Council, direct that the contributory company or companies specified in such Order shall furnish a return pursuant to subsections (3) and (4) of this section in relation to the year which ended on the thirtieth day of June last preceding the date prescribed as the date before which the return in question must be furnished instead of in relation to the last preceding calendar year as provided for in subsection (3) of this section. Upon the publication of such an Order in Council and for so long as it remains in force the amounts of premiums and other amounts provided for in this section received by and paid away by the contributory company or companies specified therein for fire insurance and fire re-insurance during the year which ended on the thirtieth day of June last preceding the date prescribed as the date before which the return in question must be furnished shall, for the purposes of this section and of the last preceding section, be deemed to be respectively the amounts of such premiums and such other amounts received by and paid away by such company or companies during the calendar year last preceding the year for which such contribution is to be assessed. (6) Offences by contributory companies . A contributory company which, in respect of any calendar year, before the date provided for in subsection (3) of this section, fails to furnish a return as prescribed by that subsection or which, either before or after such date, furnishes such a return which is incomplete, false or misleading in any respect, and every member of the governing body of such company, manager, secretary, agent or attorney of such company who authorized, permitted or suffered such failure or defect commits an offence against this Act and is liable to a penalty of ten pounds per day until such failure or defect is remedied by the furnishing of such a return or, as the case may require, a return which is not incomplete, false or misleading in any respect. 37. Powers of inspection of contributory companies ' records. (1) A person authorized by the Minister in that behalf may, during the hours of business of such company, inspect, examine and make copies of or extracts from the books, accounts and records of a contributory company for the purpose of obtaining or verifying any information which, in respect of any calendar year or year, is required by the Minister for the purposes of or in connection with the administration of this Act and, for this purpose may during such hours enter and re-enter upon any premises wherein or whereon such company or its agent or attorney carries on business. (2) The manager, secretary, agent and attorney of a contributory company and every employee of such company who has custody of or control over the books, accounts or records of such company shall produce to a person authorized pursuant to the preceding subsection any book, account and record required by such person and shall render to such person all reasonable assistance to carry out his duties for the purposes of this Act and shall furnish to such person all such information within his knowledge as is required by such person in the exercise of his functions under such authority. (3) A person who assaults, resists or wilfully obstructs a person authorized pursuant to subsection (1) of this section in the exercise of such authority commits an offence against this Act.

Fire Brigades Act of 1964, No. 48 475 38. Contribution by new contributory company . (1) When, in respect of any year during which or any part of which a contributory company carries on the business of fire insurance in Queensland, the amount of contribution payable by such company cannot be assessed in accordance with subsection (3) of section thirty-six of this Act such amount may be assessed as prescribed by this section. (2) The Minister may cause to be made an estimate of the amount of premiums which will be received by such contributory company for fire insurance and fire re-insurance throughout Queensland during the year for which such contribution is to be assessed less the amount of premiums which will be paid away by such company for fire re-insurance within Queensland during that year to another or other of the contributory companies. The Minister shall inform the contributory company concerned in writing of his intention to cause such an estimate to be made in respect of any year and shall therein specify such year and shall therein state that in making such estimate regard will be had to any information and representations respecting the matter of such estimate which the company may furnish or make to the Minister before a date specified by him in such writing. In the making of such estimate such regard as the Minister considers just shall be had to the information and representations, if any, furnished or made by the company to the Minister before the date so specified. (3) An estimate made in accordance with the last preceding subsection shall, for the purposes of sections thirty-five and thirty-six of this Act, be deemed to be the amount of premiums received by the contributory company concerned for fire insurance and fire re-insurance throughout the State during the calendar year last preceding the year for which the contribution of such company is to be assessed less the amount of premiums paid away by such company for fire re-insurance within the State during such calendar year to another or others of the contributory companies. (4) If, in respect of any year, a contributory company satisfies the Minister that the amount of contribution of such company assessed pursuant to this section was excessive the Minister may, subject to the company concerned having paid the full amount of the assessment, direct that a sum not exceeding the amount of such excess, be deducted from the amount of the contribution of such company to the total annual contribution payable in respect of a subsequent year and that the amount of such deduction be added to so much of the total annual contribution for such subsequent year as is payable by the other contributory companies. The amount so added shall be apportioned amongst, and shall be paid by, such other contributory companies rateably according to the amounts payable by them respectively to the total annual contribution for such subsequent year. 39. Apportionment of contribution amongst owners of property. (1) The contribution to be paid pursuant to sections thirty-two and thirty-four of this Act by owners of property who are subject to this Part in respect of each year shall be apportioned amongst them and shall be paid by them rateably according to the amount of the premiums paid by them respectively for fire insurance during the calendar year last preceding the year for which such contribution is to be determined relating to property situated in the State in respect whereof an insurance company which is not incorporated or registered in the State holds a fire insurance risk.

476 Fire Brigades Act of 1964, No, 48 (2) To enable the amount of contribution payable by an owner of property who is subject to this Part in respect of each year to be assessed every owner of property situated in the State in respect whereof an insurance company which is not incorporated or registered in the State holds a fire insurance risk shall, before the last day of May in each year or before such other date as the Minister may, by notification published in the Gazette, appoint, (the Minister being hereby thereunto empowered) furnish to the Council a return, verified by such owner by statutory declaration, showing the amount of the premiums paid by him for fire insurance in respect of that property to such insurance company during the calendar year last preceding the year for which such amount of contribution is to be assessed. (3) An owner of property who is required by the last preceding subsection to furnish a return and who fails, in respect of any year, before the date provided for in that subsection, to furnish a return as prescribed by that subsection or who, either before or after such date, furnishes such a return which is incomplete, false or misleading in any respect commits an offence against this Act and is liable to a penalty of ten pounds per day until he remedies such failure or defect by furnishing such a return or, as the case may require, a return which is not incomplete, false or misleading in any respect. (4) When an insurance company or companies which holds or together hold the fire insurance risk in respect of property the owner of which is required by subsection (2) of this section to furnish a return to the Minister furnish in accordance with that subsection a return showing the amount of the premium or premiums received by such company or companies for fire insurance in respect of that property as required by that subsection such furnishing shall be deemed sufficient compliance by the owner of such property with the requirements of that subsection. 40. Assessment of contribution in case of default . If a contributory company or an owner of property who is subject to this Part fails to furnish a return pursuant to section thirty-six or, as the case may be, section thirty-nine of this Act the Minister may assess in such manner as he thinks fit the amount of contribution payable by such contributory company or, as the case may be, owner of property to the total annual contribution in respect of the year concerned. An assessment may be made under this section whether or not the contributory company or owner of property concerned has been prosecuted for the offence constituted by such failure. 41. Method of obtaining payment of total annual contribution. (1) Every contributory company and owner of property who is subject to this Part shall pay to the Minister as prescribed by this section the amount of contribution assessed in accordance with this Act as being payable by such company or owner of property to the total annual contribution in respect of each year. (2) For obtaining from a contributory company or owner of property who is subject to this Part the amount of contribution payable by such company or owner under this Part in respect of any year the Minister may issue or cause to be issued a precept directed to such company or, as the case may be, owner of property. Such precept shall- (i) be sufficiently authenticated if it is signed by the Chairman or the deputy chairman of the Council or the secretary to the Council if authorized in that behalf by the Chairman of the Council;

Fire Brigades Act of 1964, No. 48 477 (ii) state the amount to be contributed by the contributory company or owner of property to which or to whom it is directed; (iii) require the contributory company or owner of property to which or to whom it is directed to pay such amount to the Minister by two instalments payable respectively on or before the dates specified therein: Provided that it shall be deemed to be sufficient compliance with the provisions of paragraphs (ii) and (iii) of this subsection if the provisional precept (in this section provided for) specifies an amount of the first of such instalments and the date on or before which it is payable and the adjusted precept (in this section provided for) specifies an amount of the second of such instalments and the date on or before which it is payable. (3) The Minister may issue or cause to be issued pursuant to this section precepts (in this Act referred to as " provisional precepts ") before the revision and approval prescribed by sections thirty-one and thirty-three of this Act of the budgets of the Boards and the Council lodged with the Council or, as the case may be, the Under Secretary of the Department administered by the Minister pursuant to this Act. For the purpose of the issue in respect of any year of provisional precepts the total annual contribution in respect of that year shall be as established by such budgets of the Boards and the Council notwithstanding that all of those budgets shall not have been revised or approved as prescribed. When all of such budgets have been revised and approved as prescribed the Minister may issue or cause to be issued pursuant to this section such precepts (in this Act referred to as " adjusted precepts ") as may be necessary for obtaining from the contributory companies and owners of property the total annual contribution established in respect of the year in question by such budgets of the Boards and the Council revised and approved as prescribed. When the amount of contribution or any part of such amount required by a provisional precept to be paid to the Minister in respect of any year has been so paid before the issue of an adjusted precept in respect of that year that payment shall be deemed to have been made in settlement or, as the case may require, part settlement of such adjusted precept and shall be credited accordingly. If such payment exceeds the amount of contribution required by the adjusted precept such excess shall be refunded to the contributory company or owner of property which or who made such payment and the adjusted precept shall be deemed to have been paid. Upon the issue of an adjusted precept, a provisional precept issued in respect of the contribution included in such adjusted precept shall cease to have any force or effect and the contributory company or owner of property to which or to whom the same was directed shall cease to be required thereby to make any payment. (4) Every contributory company or owner of property thereunto required by a precept shall, subject to this Act, pay each amount of contribution stated in such precept in compliance in every respect with the requirements of such precept.

506 Fire Brigades Act of 1964, No. 48 (3) Until the Governor in Council otherwise prescribes such charges, the charges prescribed by Order in Council dated the twenty-third day of " M T a h y e , o F n ir e e t B ho ri u g s a a d n e d s A ni c n t e s, h1u9n2d0re to d a1n9d62fi, " ftyan-sdepvuenbl, ish m e a d d i e n p t u he rsu G a a n z t et t t o e of the twenty-fifth day of May, one thousand nine hundred and fifty-seven shall be the prescribed charges within the meaning of this rule. 29. Owner to inform as to insurance . Upon the occurrence of a fire in, on or affecting any premises or property and upon being required so to do for the purposes of this Act by any member of a Board or by a chief officer or other employee of a Board the owner or occupier of such premises or property shall inform such member, chief officer or employee whether or not such premises or property are insured against loss or damage by fire and shall furnish to such member, chief officer or employee such particulars of such insurance as may be required of him. An owner or occupier who fails to comply with such a requisition within three days after the date on which such requisition is made or who gives any information relating to such insurance which, to his knowledge, is false or who furnishes any particulars relating to such insurance which, to his knowledge, are incorrect commits an offence against this Act. Penalty: Twenty pounds. 30. Search of fire debris . A Board may cause the debris of a fire and premises or property in, on or in relation to which a fire has occurred to be searched and to be removed and retained by the Board any material which may tend to prove the origin of the fire. 31. Entering upon premises . Any member of a Board and any employee or agent of a Board may enter upon premises or property in, on or in relation to which a fire has occurred and if, in the opinion of the chief officer concerned or of the member of the Police Force in charge of enquiries in relation to such fire, there are circumstances giving rise to suspicion concerning such fire such member, employee or agent or other member, employee or agent of the Board may continue in possession of such premises or property until an investigation into the cause and origin of such fire has been completed. 32. Representation of Board at investigations . At an investigation concerning any fire the Board concerned may be represented by the chief officer or by any person appointed by the Board in that behalf which representative may adduce evidence, examine and cross- examine witnesses and address the tribunal conducting such investigation. 33. Report of fire . When a fire has occurred the chief officer concerned shall as soon as is practicable report such occurrence to the Board concerned and the secretary to such Board shall forward to each contributory company a notice of such occurrence. Such a notice may be addressed to the local agent of a contributory company. 34. Protection of Board and person acting with its authority. (1) A Board or any person acting under the authority of a Board or this Act shall not incur any liability in respect of the doing of any matter or thing done bona fide by the 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 Board or such person under this Act and the expenses of any member of the Board or of such person acting as aforesaid reasonably incurred in such execution shall be deemed to be an expense authorized by this Act.

Fire Brigades Act of 1964, No. 48 507 (2) A member of a Board shall not be subject to any personal liability in respect of a contract entered into by the Board bona fide for the purpose of executing this Act or any function, power, authority or duty of the Board under this Act. (3) No provision of this rule shall be construed so as to afford protection to a member of a Board or to a person referred to in sub-rule (1) of this rule who has been guilty of fraud or wilful default in connection with any such matter or thing or to exonerate a member of a Board from his liabilities under sections thirty-one and fifty-eight of this Act. 35. Limitation of actions and procedure in relation thereto. (1) A person intending to commence action or to institute process against a Board or any person on account of anything done or purporting to have been done under or pursuant to this Act shall- (a) at least one month before the commencement or institution of such action or process deliver to the intended defendant a notice in writing- (i) stating his intention to commence such action or institute such process; (ii) setting forth clearly and explicitly the nature of such action or process and the cause thereof; and (iii) containing the full name and place of residence of the person intending to commence such action or process and the name and place of business of his solicitor or agent (if any); and (b) commence such action or process within six months after the cause thereof arose. (2) A court shall not take cognizance of any such action or process unless the provisions of sub-rule (1) of this rule have been complied with. (3) If before such an action was commenced tender has been made of amends which, in the opinion of the court hearing the action are sufficient in the circumstances the plaintiff in such action shall not recover therein. (4) A notice to be delivered under sub-rule (1) of this rule shall be delivered by, in the case of delivery to a Board, delivering the same at the office of the Board and, in the case of a person other than a Board, by delivering the same to such person or by leaving it at his usual place of residence. (5) This rule does not apply to any action or process in which the damages sought to be recovered consist of or include damages in respect of personal injury to any person. 36. Board 's property protected from execution . The plant, equipment and tools of a Board shall not be liable to be seized or sold under a writ or warrant of execution or other process. 37. Service of documents . A direction, order, notice, certificate or other document issued by or at the direction or for the purposes of a Board 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 secretary to the Board; or

508 Fire Brigades Act of 1964, No. 48 (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 secretary to the Board. 38. Prosecution by Board . (1) Subject to this Act, a Board may direct that proceedings be taken for the prosecution of a person alleged to have committed an offence against this Act or for the recovery of a penalty under this Act and may direct that the expenses of any such proceedings be paid out of its Fund. (2) In every proceeding in a court the secretary to the Board concerned or other employee of such Board authorized by the Chairman in writing under his hand may represent the Board. A court shall take judicial notice of the signature of the Chairman to such an authority. (3) In every such proceeding for or on behalf of a Board it shall not be necessary to prove the appointment or election of the Chairman or any member of the Board or of the secretary to the Board. (4) The secretary to a Board or other employee authorized in accordance with sub-rule (2) of this rule shall be reimbursed out of the Fund of the Board all expenses, costs, charges and damages which he may have reasonably incurred or to which he may have been rendered liable by reason of his acting pursuant to this rule. (5) Except where it is by this Act otherwise provided every penalty recovered under this Act, whether for offences or otherwise, shall be paid into the Fund of the Board at the direction of which it was so recovered. (6) A person shall not be deemed incapable of constituting a court to hear any matter under this Act by reason only of the fact that he is a ratepayer or a member of any other class of person liable to contribute to or to be benefited by the Fund of a Board. 39. Limitation on powers in relation to vessels . When a provision of this Act enables or requires any person to exercise a power in relation to premises in connection with the extinguishment or control of a fire or anything incidental thereto such provision shall be construed so that in relation to any of Her Majesty's vessels of war or any vessel owned or operated by a Government of any foreign State (not being an enemy) such power shall not be exercised without the permission of the master of such vessel or other person having the authority in that behalf with respect to such vessel. PART IV RULES GOVERNING THE MEMBERS AND THE PROCEEDINGS AND BUSINESS OF THE COUNCIL 1. Absence from meetings . A member of the Council who fails to attend three or more consecutive meetings of the Council shall cease to be a member of the Council unless , prior to his failure to attend, he has obtained leave of absence from the Council. 2. (1) Resignations . A member of the Council may resign his office by writing under his hand addressed to the secretary to the Council. Such resignation shall take effect from the time it is received by such secretary.

Fire Brigades Act of 1964, No. 48 509 (2) Termination of membership by Minister . If it appears to the Minister that a member of the Council is guilty of such improper conduct as to render him unfit to continue as a member of the Council the Minister may, by notice directed to such member, call upon him to show cause, in writing, why he should not be removed from the membership of the Council and if, within twenty-eight days after service of such notice, cause is not shown which, in the Minister's opinion, is sufficient to justify such member's continuing to be a member of the Council, the Minister may order his removal from membership of the Council and such member shall thereupon cease to be a member of the Council. A notice issued pursuant to this sub-rule may be sent to the member concerned by prepaid post addressed to his place of business or place of residence last known to the Minister. (3) Casual vacancies . A vacancy which at any time occurs in the membership of the Council shall be filled in the prescribed manner by the appointment of another member who shall hold the office of his predecessor and shall, subject to this Act, hold such office for so long as his predecessor would have done had such vaca>tcy not occurred. 3. (1) Meetings . The Council shall meet at such times as it shall determine. (2) Quorum . Business shall not be transacted at a meeting of the Council unless at least three members of the Council who are eligible to participate in that business are present. (3) Voting. (a) A majority of the members present at a meeting of the Council, held in accordance with these rules, may by open voting, exercise the powers of the Council and determine all matters before such meeting. Except as is otherwise provided by these rules all members present at a meeting shall vote and if any member refuses to vote his refusal shall be counted as a vote for the negative. (b) A member shall not vote or participate in any debate or discussion with respect to a matter before the Council or any committee of the Council in which he has, directly or indirectly, by himself, his partners or a company of the governing body whereof he is a member, a pecuniary interest. A member who knowingly offends against this paragraph commits an offence against this Act. Penalty: Fifty pounds. (4) Adjournment of meeting . The members present at a meeting may from time to time adjourn the meeting. If a quorum of members is not present at a meeting within fifteen minutes after the time appointed for the meeting to commence the member or members present or the secretary to the Council if no member is present or if the members present are equally divided on the issue, may adjourn such meeting to any time not later than seven days from the date of such adjournment: Provided that no provision of this sub-rule shall be construed to prevent the adjournment of a meeting to a later hour of the same day on which such meeting was appointed to be held.

510 Fire Brigades Act of 1964, No. 48 (5) Notices of meetings . Notice of every meeting or adjourned meeting other than a meeting adjourned to a later hour of the same day on which such meeting was appointed to be held shall be in writing and shall be given to every member of the Council at least one day prior to the date of such meeting: Provided that in circumstances which, in the opinion of the Chairman of the Council or of two members of the Council constitute an emergency such Chairman or, as the case may be, such two members of the Council may call a meeting and the same may be held without notice thereof having been given for the period prescribed by this sub-rule. A notice shall specify the time of the meeting and, in the case of a special meeting, the object thereof. No business shall be transacted at a special meeting except such as is specified in the notice thereof. A notice may be given to a member by prepaid post addressed to his place of business or place of residence last known to the secretary to the Council. 4. (1) Chairman . The Chairman of the Council shall preside at every meeting of the Council at which he is present. (2) Deputy chairman . The members of the Council may elect one of their number to be deputy chairman of the Council who shall act as Chairman of the Council in the absence of such Chairman. (3) Chairman for the day . In the absence of both the Chairman of the Council and the deputy chairman the members present at a meeting convened in accordance with these rules shall elect from their number a chairman for the day. (4) Casting vote. The Chairman of the Council or, in his absence, the deputy chairman or, in the absence of both such Chairman and deputy chairman, the chairman far the day shall, subject to these rules, be entitled to vote in the business before a meeting and, in the event of an equal division of votes on any question, shall, subject as aforesaid, be entitled to a second or casting vote. 5. Executive officer . The Chairman of the Council shall be the executive officer of the Council. Except where it is by this Act otherwise prescribed an appointment, direction, order, notice, certificate or other document made or issued by the Council for the purposes of this Act shall be sufficiently authenticated if it is made or, as the case may be, signed by the Chairman of the Council or by the secretary to the Council at his direction. 6. Validation of proceedings . (1) Notwithstanding that a member of the Council refuses or fails to act in any respect or to attend a meeting of the Council convened in accordance with these rules, all acts and proceedings of the Council which are otherwise lawful shall be as valid and effectual as if they had been done or authorized by the whole Council. (2) A proceeding of the Council or an act of any person acting as Chairman thereof shall not be invalidated by reason of any defect in the appointment of any member of the Council or of any disqualification of any member of the Council or by reason of a vacancy in the members of the Council at the time of such proceeding or act.

Fire Brigades Act of 1964 , No. 48 511 7. Committees of Council . (1) The Council may from time to time- (a) appoint from the members thereof committees either for general or special purposes; (b) delegate to a committee power to do any act or hold any enquiry which the Council might do or hold: (c) fix the quorum of a committee. (2) No business shall be transacted at any meeting of a committee unless- (a) when the quorum has been fixed by the Council, that quorum is present; and (b) in any other case , at least two members of such committee are present who are eligible to participate in that business. (3) Every committee- (a) may meet from time to time and may adjourn from place to place as it considers proper; (b) may from time to time appoint one of its members to be chairman thereof; (c) shall report on its functions and actions to the Council. (4) A majority of votes of the members of a committee present at a meeting and eligible to participate shall determine all business before such committee. If there is an equal division of votes on any matter the chairman of the committee shall be entitled to a second or casting vote. If the chairman of a committee is not present at a meeting of such committee the members thereof who are present shall appoint another of the members of such committee to be chairman thereof in his absence. 8. Minutes of proceedings . (1) The Council shall cause minutes of the proceedings of the Council to be kept in a book to be provided by the Council for the purpose. Such minutes shall include the names of the members present at the meeting of the proceedings of which the minutes purport to be a record and the name of every member absent therefrom who has obtained leave of absence from the Council in accordance with these rules. Such book shall be kept by the secretary to the Council under the superintendence of the Chairman of the Council. All such minutes shall be signed by the Chairman of the Council at the meeting next succeeding the meeting in respect of which such minutes were made. (2) Every entry in such a book kept by the secretary to the Council purporting to be a minute relating to the proceedings of the Council and to be signed by the Chairman of the Council and a certified copy of or an extract from such an entry purporting to be sealed with the seal of the Council and to be signed by the Chairman thereof and secretary thereof shall, upon its production in any proceeding, be accepted as evidence and, in the absence of evidence to the contrary, as conclusive evidence of the proceedings appearing by such entry to have been taken and of the validity of such proceedings.

512 Fire Brigades Act of 1964, No. 48 9. Custody of seal . The common seal of the Council shall be in the custody of the secretary to the Council who shall keep it securely locked in his office. The common seal of the Council shall not be affixed to a document except in pursuance of a resolution of the Council recorded in the minutes entered in the book kept for that purpose and shall be affixed by the secretary to the Council in the presence of the Chairman of the Council or, in his absence, the person for the time being acting as such Chairman. 10. Suspension of employees . (1) The Chairman of the Council may at any time suspend from office any employee of the Council appointed pursuant to subsection (3) of section twenty-four of this Act 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. At the meeting of the Council next following such a suspension the Chairman shall report his action to the Council. If the Council dismisses the employee so suspended such employee shall not be entitled to nor shall he be paid any remuneration for any part of the period during which he was so suspended. (2) A person temporarily appointed under this ruie to the office of an employee so suspended shall by virtue of that appointment hold office and receive remuneration in respect thereof until the Council determines whether the employee so suspended shall be reinstated or dismissed and a successor appointed in his stead. 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. 11. Employee of Council not to accept additional remuneration. An employee of the Council appointed pursuant to subsection (3) of section twenty-four of this Act or pursuant to rule 9 of these rules 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 Council. 12. Accounts and records of Council . (1) The Council shall provide and keep such books of account and records as are from time to time prescribed and shall cause to be entered in such books of account true and regular accounts in respect of the funds of the Council. (2) At least once in each year, the Auditor-General shall audit the accounts of the Council and shall have, with respect to such audit and accounts, all the powers and authorities conferred on him by " The Audit Acts, 1874 to 1960 " and shall report thereon. (3) The secretary to the Council shall be responsible for the safe custody of all books of account, agreements and records relating to the business of the Council and shall compile such records and make such entries therein as the Auditor-General directs. A person shall not destroy or mutilate any book of account, agreement or record of the Council except with the consent of the Auditor-General first had and obtained.

Fire Brigades Act of 1964 , No. 48 513 13. Council to furnish returns. The Council shall, before the fourteenth day of July in each year, furnish to the Minister, in or to the effect of the form prescribed, a statement of receipts and disbursements for the last preceding financial year and such other information asthe Minister may from time to time require. 14. Service of documents . A direction, order, notice, certificate or other document issued by or at the direction or for the purposes of the Council 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 secretary to the Council; of (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 secretary to the Council. SCHEDULE II Section 11 RULES GOVERNING APPEALS AGAINST APPOINTMENTS AND PUNISHMENT 1. Unsuccessful applicants to be notified of appointment . As soon as practicable after an appointment has been made to a position of officer or fireman which position is of a perman.nt and full-time nature in a Fire Brigade provided by a Board the secretary to such Board shall notify every unsuccessful applicant, who is entitled by this Act to appeal against such appointment, of such appointment and shall specify in such notice- (a) the name of the appointee; (b) the date of such appointment; and (c) the particulars of the seniority of such appointee comparatively with that of such unsuccessful applicant. 2. Offender to be notified of punishment . As soon as practicable after an officer or fireman who is entitled to appeal to an Appeal Board in respect of punishment for an offence against the By-laws imposed upon him by or on behalf of a Board has been so punished the secretary to the Board shall notify such officer or fireman accordingly and shall specify in such notice the nature of the punishment. 3. Mode of appeal . (1) A person wishing to appeal against any appointment or punishment shall dispatch to the secretary to the Board concerned a notice of appeal in writing. (2) Every notice of appeal shall- (a) set forth clearly and concisely the grounds upon which such appeal is made; (b) state whether or not the appellant is a member of an industrial union of employees and, if he is such a member, the name of such union; and (c) be dispatched to the secretary to the Board concerned within fourteen day; after the date on which the appellant is notified of such appointment or, as the case may be, punishment.

514 Fire Brigades Act of 1964, No. 48 4. Duties of secretary to Board . Upon receipt of a notice of appeal the secretary to the Board shall forward the same to the Under Secretary of the Department administered by the Minister for submission to the Minister for the purpose of having an Appeal Board constituted to hear and determine such appeal and a secretary to such Appeal Board appointed. 5. Constitution of Appeal Board . (1) For the purpose of hearing an appeal there shall be constituted an Appeal Board which shall consist of- (a) a Stipendiary Magistrate who shall be appointed by the Minister for Justice and Attorney-General of Queensland or other Minister for the time being performing the duties of that office; (b) a representative of the Board concerned who shall be appointed by that Board or, if that Board fails to appoint such representative at least fourteen days before the date appointed for the hearing of the appeal, by the Minister; and (c) a representative of the appellant who shall be appointed- (i) if the appellant is a member of an industrial union of employees, by that union; (ii) if the appellant is not a member of an industrial union of employees, by such a union the membership of which the appellant is, in the opinion of the Minister, entitled to join by virtue of his employment with the Board concerned; or (iii) if there is no such union of employees, or if such a union fails to appoint such representative at least fourteen days before the date appointed for the hearing of the appeal, by the Minister. In the case of appeals against an appointment an Appeal Board shall, wherever practicable, hear all appeals against one and the same appointment together. (2) When the appeals of two or more appellants against the same appointment are to be heard together such appellants together shall be entitled to one representative on the Appeal Board who shall be appointed as follows:- (a) if all the appellants are members of the same industrial union of employees, by that union; (b) in any other case, in such manner as the Minister may determine. 6. Chairman . The Stipendiary Magistrate appointed in relation to any appeal shall be chairman of the Appeal Board. 7. Majority to decide . The powers and functions of an Appeal Board may be exercised by a majority of its members. 8. Secretary to Appeal Board . The Minister shall appoint a person to act as secretary to an Appeal Board. 9. Date of hearing . (1) The chairman of an Appeal Board shall as soon as practicable after his appointment to that board appoint a date for hearing the appeal concerned.

Fire Brigades Act of 1964, No. 48 515 (2) The secretary to an Appeal Board shall give to the Board, the appellant and the industrial union of employees concerned (if any) not less than twenty-one clear days notice of the date and time when and the place where such appeal will be heard. 10. Notice of appointment of representatives. (1) Not less than fourteen clays before the date appointed for hearing an appeal- (a) the Board 'concerned shall notify the secretary to the Appeal Board of the name and address of the person appointed by that Board to represent it on such Appeal Board for the purposes of such appeal; and (b) the industrial union of employees thereunto authorized under or pursuant to rule 5 of these rules shall notify the secretary to the Appeal Board of the name and address of the person appointed by that union to represent the appellant on such Appeal Board for the purposes of such appeal. (2) Not less than seven days before the date appointed for hearing an appeal the Minister. in any case where, pursuant to rule 5 of these rules, he appoints a representative of a Board or an appellant to an Appeal Board, shall notify the secretary to that Appeal Board of the name and address of the person so appointed. (3) If the representative of an appellant on an Appeal Board is an employee of the Board concerned such Board shall grant him leave of absence on full pay during the period he is occupied in acting on such Appeal Board. 11. Trivial or vexatious appeals . An Appeal Board may decline to hear an appeal the grounds of which are, in the opinion of the Appeal Board, trivial, frivolous or vexatious. 12. Withdrawal of appeal . An appellant may withdraw his appeal at any time before the Appeal Board constituted for the purpose of hearing such appeal has determined such appeal. An appellant shall notify the withdrawal of his appeal to the secretary to the Appeal Board. 13. Notice of witnesses required . The Board concerned and every appellant shall furnish to the secretary to the Appeal Board a list of the persons the Board and such appellant respectively require to be subpoenaed by the chairman of the Appeal Board to give evidence at the hearing of the appeal: Provided that this rule shall not be construed to prejudice the right of the Board or any appellant to call at any time any witness who can give evidence relevant to the business of the Appeal Board by means of subpoena issued by the chairman of the Appeal Board or otherwise. 14. Leave of absence for witnesses , &c. The Board concerned in an appeal shall grant leave of absence on full pay to any of its employees who are required to appear before the Appeal Board, as a witness or as an agent of an appellant , for the purpose of his performing the duty so required of him.

516 Fire Brigades Act of 1964, No. 48 15. Relevant papers to be available to appellant . Before it proceeds to hear evidence in any appeal an Appeal Board shall ensure that all relevant papers and correspondence bearing upon the decision the subject of such appeal are read to or otherwise made available to the appellant for his use. This rule shall not be construed to require a Board to make available to an appellant or an Appeal Board any papers, minutes cr correspondence which the Minister directs should not be made available on the grounds of public policy. 16. Evidence taken in presence of appellant . Subject to this rule, an Appeal Board shall hear all evidence to be adduced before it on an appeal in the presence of the appellant. If an appellant fails to appear upon the hearing of an appeal the Appeal Board may either- (a) strike out the appeal of such appellant; or (b) hear and dispose of the appeal on such evidence as is available. 17. Record of proceedings . The secretary to an Appeal Board shall convene all meetings of such Appeal Board and shall keep a record of all proceedings and decisions of such Appeal Board in such manner as is prescribed. 18. Representation at appeals . In any proceeding before an Appeal Board the Board concerned and every appellant may respectively be represented by counsel, solicitor or agent appointed in writing in that behalf who may examine and cross- examine witnesses and address the Appeal Board. 19. Duty of Appeal Board . (I) Subject to rule 11 of these rules an Appeal Board shall investigate every appeal in such a place and in such a manner that the public shall have access thereto and shall send its decision thereon to the secretary to the Board concerned. (2) An Appeal Board shall conduct its investigation without regard to legal forms and solemnities and shall direct itself by the best evidence it can procure or which is adduced before it whether or not the same is such evidence as would be required or sufficient at law. (3) An Appeal Board may, by its decision, determine that the promotion, decision or recommendation, the subject of the appeal, be confirmed, set aside or varied in a manner specified by the Appeal Board. (4) (a) The decision of an Appeal Board shall be final and the Board concerned and any other person concerned shall give effect thereto. (b) A writ of prohibition. mandamus or certiorari shall not be issued against an Appeal Board in relation to any appeal. (5) The provisions of "The Commissions of Inquiry Acts, 1950 to 1954," except such as are thereby confined in application to a chairman of a commission who is a Judge of the Supreme Court shall apply to and in relation to an appeal and the right of an Appeal Board to hear an appeal and for this purpose an Appeal Board shall be deemed to be a commission within the meaning of those Acts.

Fire Brigades Act of 1964, No. 48 517 20. Allowance and expense of Board ' s witness . (1) Upon the chairman of an Appeal Board certifying in that behalf, the Board concerned in an appeal shall pay an allowance to each witness not being an employee of such Board, called by or on behalf of such Board to give evidence before such Appeal Board. Such allowance shall be an amount equal to the amount of salary or wages lost by the witness concerned for the period during which he has been required to attend before such Appeal Board or, if such witness is not in receipt of salary or wages, an amount which, in the opinion of the chairman of such Appeal Board, would be sufficient recompense taking into consideration the occupation of the witness and the time lost ay him in such attendance. (2) The chairman of an Appeal Board may allow to such a witness travelling expenses actually paid by such witness with respect to his attendance before such Appeal Board and his return to his place of residence but in no case exceeding an amount calculated at the rate of one shilling for every mile such witness resides from the place he is required to attend and the Board concerned shall pay such expenses accordingly. 21. Allowance and expenses of appellant's witness . (1) Except as in this rule is otherwise provided, a Board shall not be liable to pay any allowance or expense of a witness called by or on behalf of an appellant to give evidence before an Appeal Board. (2) When- (a) in the case of an appeal against an appointment, an Appeal Board upholds the appeal; or (b) in the case of an appeal against an imposition of punishment, an Appeal Board upholds the appeal on the ground that the offence by reason of which the punishment was imposed has not been proved, the Appeal Board may, subject to this rule, order that the Board concerned pay to any witness called by or on behalf of the appellant whose appeal has been upheld- (i) an allowance to compensate such witness for the period during which he was required to attend before such Appeal Board; and (ii) travelling expenses actually paid by such witness with respect to his attendance before such Appeal Board and his return to his place of residence, if the chairman of the Appeal Board is of opinion that the evidence of such witness was necessary to the investigation of the Appeal Board. The amount of such allowance shall be fixed by the chairman of the Appeal Board but in no case shall it exceed the amount which would have been payable to such witness had he been called by or on behalf of the Board concerned. The amount of such travelling expenses shall not exceed an amount calculated at the rate of one shilling for every mile such witness resides from the place he is required to attend.

518 Fire Brigades Act of 1964, No. 48 (3) The Board concerned shall pay to the witness concerned the amount or amounts fixed pursuant to and in accordance with sub-rule (2) of this rule, 22. Claims to be submitted to chairman of Appeal Board. If any witness before an Appeal Board wishes to claim for an allowance and/or travelling expenses payable under rules 20 or 21 of these rules he shall submit his claim to the secretary to the Appeal Board who shall submit the same to the chairman of the Appeal Board for his certification and fixing of the respective amounts thereof. 23. Costs of appellant . When an Appeal Board upholds an appeal and is of opinion that the appellant should be entitled to his reasonable costs of such appeal the chairman of the Appeal Board shall certify accordingly and shall fix the amount thereof. The Board concerned shall pay to the appellant the amount of costs so fixed. 24. Fire Brigade Fund to defray expenses . The Board concerned in an appeal shall pay the expenses of the members of the Appeal Board, the secretary thereto, reporters (if any) and all other persons reasonably associated with the conduct of such appeal (other than any person engaged or employed for that purpose by the appellant). The chairman of the Appeal Board shall certify the vouchers for such expenses and shall be responsible for the correctness thereof. 25. Seniority . (1) The respective seniorities of officers and firemen employed by one and the same Board shall be determined in accordance with this rule. (2) An employee of a Board who has continuously served in the employment of such Board for a longer period is senior to an employee of such Board who has continuously served in the employment of such Board for a less period: Provided that- (a) an employee of such Board who holds a position which carries a higher maximum salary or wage is senior to an employee of such Board who holds a position which carries a lower maximum salary or wage; and (b) in the case of two or more positions within the employment of such Board carrying the same maximum salary or wage, an employee of such Board who has continuously served in such a position for a longer period is senior to an employee of such Board who has continuously served in such a position for a less period. (3) For the purpose of determining such seniorities only service in the employment of the Board on a permanent and full-time basis shall be taken into account.

Fire Brigades Act of 1964, No. 48 519 (4) The service of an officer or fireman in the employment of a Board shall be deemed to have been continuous service notwithstanding that- (a) he has been dismissed or stood-down by the Board or for any purpose other than service with Her Majesty's Naval, Military or Air Forces other than a permanent such force, he has himself terminated his employment in any case for a period not exceeding three months if, within that period, he is re-employed by the Board by which he was employed at the time of his dismissal , stand-down or termination as aforesaid; or (b) his service has been interrupted by his service with Her Majesty's Naval, Military or Air Forces other than a permanent such force. 26. Efficiency. In this Act the term " efficiency " means special qualifications and aptitude which in the opinion of the Board concerned are necessary for the proper discharge of the duties of the position to be filled, together with merit, diligence and good conduct.