Fire Brigades Acts Amendment Act 1971 (Qld)

685 (lt£E1t5f2tttbc ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 53 of 1971 An Act to Amend The Fire Brigades Acts 1964 to 1966 in certain particulars [ASSENTED TO 15TH NOVEMBER, 1971] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Fire Brigades Acts Amendment Act 1971. (2) The Fire Brigades Act of 1964 as subsequently amended is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Fire Brigades Act 1964-1971.

686 Fire Brigades Acts Amendment Act 1971, No. 53 2. Amendment of s. 5 . Section 5 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the word " Act " the * words " and assign to that district a name "; (ii) inserting after paragraph ( d) the following paragraph:- 61 (e) alter the name of a district "; (b) adding the following subsection:- " (4) The boundaries of any district and any alteration of those boundaries and any subdivision of a district or amalgamation of two or more districts may be described sufficiently for all purposes by reference to a plan or map kept in the office of the Surveyor-General of Queensland.". 3. Amendment of s. 6. Section 6 of the Principal Act is amended by- (a) in subsection (1) adding the following paragraph:- " Where the Governor in Council alters the name of a district he shall by the Order in Council assign the new name to the Board for the district, and (a) the Board shall continue in existence under the new name as the Board for that district; (b) every member of the Board at the time of the alteration shall continue as a member of the Board for the balance of his term of office or until he sooner vacates the office."; (b) in subsection (6)- (1) omitting the words "; 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 "; (ii) omitting the proviso and inserting in its stead the following proviso:- "Provided, that 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- (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 Board bona fide in the ordinary course of business and not pursuant to any written contract and not exceeding the sum or value of $1,000 in any year."; (iii) omitting all words comprising the paragraph commencing with the words " In this subsection,-" and inserting in- its stead the following paragraph:- " 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.".

Fire Brigades Acts Amendment Act 1971, No. 53 687 4. Repeal of and new s. 9. The Principal Act is amended by repealing section 9 and inserting in its stead the following section:- " 9. General powers and duties of Board . A Board, in relation to the district for which it is constituted, is invested with the following duties:- (a) controlling and extinguishing fires; (b) protecting life and property in case of fire; (c) undertaking fire prevention measures; (d) providing an advisory service in relation to fire prevention; (e) complying with directions given by the Council in pursuance of its powers and duties under this Act. For the purpose of performing those duties a Board may provide and maintain at such place or places in the district as the Board from time to time determines a Fire Brigade consisting of a sufficient number of persons, and furnish to that Brigade such plant, equipment and tools as are necessary for the complete equipment of the Brigade and the performance of its duties, and the carrying of this Act into effect.". 5. Amendment of s. 10. Section 10 of the Principal Act is amended by, in subsection (1), omitting the second paragraph and inserting in its stead the following paragraph:- " A person appointed by a Board to the position of chief officer, deputy chief officer, officer or fireman shall not while occupying that position be or continue to be secretary to the Board.". 6. Amendment of s. 12. Section 12 of the Principal Act is amended by- (a) numbering the existing section subsection (1); (b) adding the following subsection- " (2)-(a) Every person in the full-time service of a Board who at the commencement of the Fire Brigades Acts Amendment Act 1971, is a contributor to the superannuation scheme shall continue to be a contributor to that scheme until he attains the age of sixty-five years or his employment with the Board sooner ceases, and shall pay to the funds of that scheme such contributions as he is required to pay pursuant to that scheme. (b) Every person who commences employment in the full-time service of a Board after the commencement of the Fire Brigades Acts Amendment Act 1971 shall, if he is otherwise eligible under the terms of the superannuation scheme, become a contributor to that scheme and thereafter continue to be a contributor until he attains the age of sixty-five years or his employment with the Board sooner ceases and shall pay to the funds of that scheme such contributions as he is required to pay pursuant to that scheme.". 7. Amendment of s. 17 . Section 17 of the Principal Act is amended by omitting subsection ( 5) and inserting in its stead the following subsection:- (5) Except in cases of emergency , before any contract other than a contract for the execution of any work or the furnishing of any plant , goods , materials or other property in

688 Fire Brigades Acts Amendment Act 1971, No. 53 either case at a cost to the Board of $2,000 or less is entered into by a Board, the Board shall three weeks at least before entering into the contract notify its intention to make and invite tenders for the contract by public notice published in such newspapers and in such other manner and to such extent as will ensure that the Board will receive the greatest number of tenders. Except in cases of emergency a Board shall not enter into any contract for the execution of any work or the furnishing of any plant, goods, materials or other property in either case at. a cost to the Board exceeding $500 but not exceeding $2,000 unless and until the Board has, in such manner and to such extent as will in its opinion ensure the receipt by it of the greatest number, invited and given opportunity for the making of quotations. A Board may accept the tender or quotation which appears to it to be the most advantageous, or may decline to accept any tender or quotation. A Board may take security for the due performance of any contract for an amount exceeding $2,000. A Board shall not be required to comply with this subsection where the Council has, on behalf of the Board made and invited tenders or quotations for the furnishing of the plant, goods, materials or other property in question.". 8. Amendment of s. 19 . Section 19 of the Principal Act is amended by, in subsection (2), omitting from subparagraph (iii) of paragraph (a) the words " Queensland Fire Brigade Boards Association " and inserting in their stead the words " Queensland Country Fire Brigade Boards Union of Employers ". 9. Amendment of s. 21. Section 21 of the Principal Act is amended by, in subsection (3), omitting the words " Queensland Fire Brigade Boards AssQciation " and inserting in their stead the words " Queensland Country Fire Brigade Boards Union of Employers ". 10. Amendment of s. 23. Section 23 of the Principal Act is amended by, in subsection (2), adding the following paragraphs:- (g) to issue directions to the Boards calculated to secure that mutual assistance shall be provided amongst the Boards; (h) to make and invite tenders or quotations on behalf of Boards for furnishing to the Boards any plant, goods, materials or other property". 11. Amendment of s. 36. Section 36 of the Principal Act is amended by- (a) in subsection (5)- (i) omitting from the first paragraph the words " year which ended on the thirtieth day of June last " and inserting in their stead the following words " period of twelve months that constitutes the financial year of the contributory company or companies so specified ";

Fire Brigades Acts Amendment Act 1971, No. 53 689 (ii) omitting from the second paragraph the words "year which ended on the thirtieth day of June last " and inserting in their stead the following words " period of twelve months that constitutes the financial year of that company or those companies "; - (b) in subsection (6) omitting the words " in respect of any calendar year,"; (c) adding the following subsection:- " ( 7) Contributory company liable to compensate for its default. When additional cost or expense is incurred in connection with the assessment and collection of contributions payable by contributory companies under this Act by reason of an incomplete, false or misleading return furnished by any contributory company, the Council may recover from that company in a court of competent jurisdiction the amount of such additional cost or expense as a debt due by that company to the Council. When an amount is, under this subsection, recoverable from two or more contributory companies the liability of each of the companies shall be for such proportion of the whole as the Minister determines. In any proceeding for the recovery of an amount pursuant to this subsection a certificate purporting to be that of the Minister- (a) as to the amount of such additional cost or expense as is referred to in this subsection; or (b) as to the amount of such additional cost or expense for which the company specified in the certificate is liable under this subsection, shall be conclusive evidence of the matters contained therein.". 12. Amendment of s. 37. Section 37 of the Principal Act is amended by, in subsection (1), omitting the words " which, in respect of any calendar year or year, is ". 13,. Amendment of s. 59 . Section 59 of the Principal Act is amended by, in subsection (1), omitting paragraph (1) and inserting in its stead the following paragraph: " (1) providing for and regulating the allowances and fees to be paid to members of the Council and of a Board for attendance at meetings of the Council and a Board and for travelling and other expenses properly incurred by those members in performing their duties as members;". 14. Amendment of Sch. I Part I. Part I of Schedule I to the Principal Act is amended by- (a) in rule 1, (i) omitting subrule (2) and inserting in its stead the following subrules:- " (2) Every Board shall at least six weeks prior to each triennial election by contributory companies of members of a Board, by notice in writing, advise the Council of the name and address of the returning officer and the date, time and place appointed for the election.

690 Fire Brigades Acts Amendment Act 1971, No. 53 (3) Upon receipt of this information, the Council shall forthwith, by notice in writing, advise all contributory companies of the details thereof in relation to all Boards. The written notice of the Council shall be sufficient notice of its contents to each contributory company to which it is sent and to that company's representative."; (ii).renumbering subrule (3) as subrule (4); (b) in rule 2, adding to the first paragraph the words " and when a person attends a meeting as a representative of more than one contributory company he shall be entitled to one vote in respect of each contributory company he represents". 15. Amendment of Sch. I Part M. Part III of Schedule I to the Principal Act is amended by- (a) omitting rule 1 and inserting in its stead the following rule:- " 1. Absence from meetings . A member of a Board who over a period of not less than three months fails to attend three or more consecutive meetings of the Board shall cease to be a member of the Board unless- (a) when his absence is due to an emergency, he has, prior to his failure to attend, notified the secretary to the Board of the emergency and his proposed absence; (b) in any other case, he has, prior to his failure to attend, obtained leave of absence from the Board."; (b) omitting rule 3 and inserting in its stead the following rule:- " 3. Casual vacancies . A vacancy which at any time occurs in the membership of a Board shall- (a) in the case of a vacancy in the office of a member appointed by the Governor in Council, be filled in the prescribed manner by the appointment of another member; (b) in the case of a vacancy in the office of a member elected by the contributory companies, be filled by the appointment by the Governor in 'Council by notification published in the Gazette of another member nominated by the Minister; (c) in the case of a vacancy in the office of a member appointed by the component Local Authorities or group of component Local Authorities, be filled in the prescribed manner by the appointment or election of another member. A person appointed or elected to a casual vacancy in the membership of a Board shall hold office for the balance of the term of his predecessor or until he sooner vacates that office. In nominating a person for appointment to a casual vacancy referred to in paragraph (b) of this rule the Minister shall have regard to representations made on behalf of the Fire and Accident Underwriters' Association of Queensland. When a predecessor in office was also, chairman or deputy chairman his successor in office shall not, by virtue of his election or appointment, be chairman or, as the case may be, deputy chairman.

Fire Brigades Acts Amendment Act 1971, No. 53 691 The office of a member of a Board shall be taken to have been vacated if the member dies or ceases to be qualified to be or continue to be a member. Upon the occurrence of a casual vacancy in the office of a member of a Board the secretary to the Board shall forthwith notify the Council in writing of the vacancy and, in addition, when the vacancy has occurred in the office of a member representing the component Local Authorities, shall take all necessary steps to ensure that those component Local Authorities appoint or elect in accordance with this Act within sixty days a successor to the office in which the vacancy has occurred. Upon the appointment or election of a successor the secretary to the Board shall forthwith notify the Council in writing of the name of the person so appointed or elected."; (c) in rule 4, omitting subrule (7) and inserting in its stead the following subrule:- " (7) Allowances to members . A Board may pay to a member in respect of his attendance at any meeting of the Board or of any committee appointed by the Board such allowances, and travelling expenses necessarily incurred by him, as are prescribed."; (d) in rule 22- (i) adding to subrule (2) the following paragraph:- (.. (s) may, upon notice to the owner or occupier of premises, with or without assistants, enter premises (other than premises used exclusively as a single unit private dwelling) at all reasonable times for the purpose of obtaining information to assist in fire fighting in those premises "; (ii) adding to subrule (7) the following paragraph:- " (c) If the occupier fails to comply with the requirements contained in a notice under this subrule within the period specified, the Board shall notify the chief officer of the failure and the chief officer may, with or without assistants, enter the premises and remove therefrom any items specified in paragraphs (p) and (q) of subrule (2) of this rule which may be there. The amount of any costs, charges and expenses incurred in or about the removal of specified items under this paragraph shall be recoverable by the Board from the occupier by action as for a debt due to the Board in any court of competent jurisdiction."; (e) in rule 27, omitting the second paragraph and inserting in its stead the following paragraph:- Penalty: $100 or imprisonment for six months. Upon convicting a person of an offence defined in this rule the court may, in addition to imposing a penalty on him, order him to pay to the Board a sum by way of compensation for damage caused by the offence or for expenses occasioned to the Board by the offence.";

692 Fire Brigades Acts Amendment Act 1971, No. 53 (f) in rule 28, (i) inserting, in subrule (1), after paragraph (a) the following paragraph:- (b) in the case of a sea-going vessel, in addition to the owner, the master thereof,"; (ii) relettering paragraph (b) as paragraph (c); (iii) renumbering the last subrule as subrule (5); (g) in rule 29, (i) omitting the word "three" where it occurs in the second paragraph and inserting in its stead the word " seven "; (ii) omitting the words " Twenty pounds " and inserting in their stead the expression " $100 ". 16. Amendment of Sch. I Part IV. Part IV of Schedule I to the Principal Act is amended by- (a) omitting rule I and inserting in its stead the following rule:- " 1. Absence from meetings . A member of the Council who over a period of not less than three months fails to attend three or more consecutive meetings of the Council shall cease to be a member of the Council unless- (a) when his absence is due to an emergency, he has, prior to his failure to attend, notified the secretary to the Council of the emergency and his proposed absence; (b) in any other case, he has, prior to his failure to attend, obtained leave of absence from the Council."; (b) in rule 2, adding to subrule (3) the following paragraph:- " The office of a member of the Council shall be taken to have been vacated if the member dies or ceases to be qualified to be or continue to be a member."; (c) in rule 3, adding the following subrule:- " (6) Allowances to members . The Council may pay to a member in respect of his attendance at any meeting of the Council or of any committee appointed by the Council such allowances, and travelling expenses necessarily incurred by him, as are prescribed."; (d) in rule 11, omitting the figure " 9 " and inserting in its stead the figure " 10 ". 17. Amendment of Scli. II. Schedule II to the Principal Act is amended by, in rule 25, adding to subrule (2) the following paragraph:- " Where the application of the provisions of the foregoing proviso to service in positions held by employees of a Board at any material time does not establish the seniority of one employee to another, those provisions shall be applied in respect of the previous continuous service of the employees in positions within the employment of the Board, commencing with the most recent service and proceeding backwards in time until the seniority is thereby established or the further application of those provisions is impossible. before the other provisions of the first paragraph of this subrule are applied to establish that seniority.". 18. Amendments relating to currency references . The Principal Act is amended as set forth in the Schedule to this Act.

Fire Brigades Acts Amendment Act 1971, No. 53 693 THE SCHEDULE AMENDMENTS RELATING TO DECIMAL CURRENCY [s. 18] Provisions to be Amended Omit Insert Section 18 (2) .. .. Section 19 (3) .. .. Section 36 (2) (b) Section 36 (4) (b) Section 36 (6) Section 39 (3) Section 58 (3) Section 59 (1) (m) Section 60 (1) Schedule I Part II Rule 2 (1) Schedule I Part III Rule 4 (3) (b) Schedule I Part III Rule 22 (7) (a) Schedule I Part III Rule 24 Schedule I Part IV Rule 3 (3) (b) Schedule 11 Rule 20 (2) Schedule II Rule 21 (2) fifty pounds five hundred pounds five shillings five shillings ten pounds ten pounds pounds one hundred pounds one hundred pounds Five pounds Fifty pounds Fifty pounds Fifty pounds Fifty pounds one shilling one shilling $100 $1,000 50c 50c $20 $20 $200 $200 $10 $100 $100 $100 $100 lOc IOc