Fire Brigades Acts Amendment Act of 1931 (22 Geo v No. 32) (Qld)

FIRE BRIGADES. 22 GEO. V. No. 32, 1931. Fire Brigades Acts Amendment Act. -- --- ~-- -- FEDERAL AID ROADS. See ROADS. FINANCIAL EMERGENCY AC1'. See COMMONWEALTH AND STATES. FIREARMS. See VAGRANTS. 1:i7B7 FIRE BRIGADES. An Act to Amend "The Fire :Brigades Act of 1920" 22 QEO. V. (as amended by H The Local Authorities Acts T~ : · ; I~ E Amendment Act of 1922" and "The Fire BR~ ~~ES Brigades Act Amendment Act of 1923") A A C M T EN O D F ~ I 19 E : N U T . in certain particulars. [ASSENTED ·TO 16TH DECEMBER, 1931.J B E it enacted by the King's .Most Excelleut Majesty, by and with the advice and consent of the l~ egis­ lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Fire Brigades Short title Acts Amendmen\ Act of 1931," and shall be read as one: ~~ ~ t~ ~ ~ . with *"The Fire Brigades Act of 1920" (as amended by t"The Local Authorities Acts Amendment Act of" 1922" and t"The Fire Brigades Act Amendment Act of 1923 "), herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as ,. The Fire Brigades Acts, 1920 to 1931." * 10 Qeo. V. No. 23, supra, page 9101. t 13 Geo. V. No. 36, 8upra, page 10126. t 14 Qeo. V., No. 7. supra, page 10522. y

13738 l<-'IRE BRIGADES. Pire Brigades Acts Am,endment Act. 22 GEO. V. 1\0. :32, Amendments of the Principal Act. Amendment 2. Sect~ on two of the Principal Act is amended as of s. 2. follows :- (a) A new definition is inserted after the definition of "By-laws" namely:- Chairmall. " "Chairman"-The chairman of a Board: the term also includes the "deputy chairman" or a member acting as chairman for the day;" Company. (b) A new definition is inserted after the definition of " Chief Officer," namely:- " "Company" includes every body corporate howsoever incorporated and/or registered and ,yhether incorporated and/or registered under the laws of Queensland or elsewhere, and wherever its head or principal office or principal place of business may be;" Insurance Company. (c) The definition of "Insurance Company" is repealed and a new definit:on is inserted in lieu thereof, namely:-- " " Insurance Company"----Any company, partner- ship, firm, association, underwriters, or person insuring against loss or damage by fire, any property situated within the District: the term includes the. agent, attorney, secretary, or representative of, or person collecting premiums for, such insurance company, and also includes the Insurance Commissioner under *"The Insurance Act of 1916" (or any Act amending or in substitution therefor);" Local Authority. (d) The definition of "Local Authority" is repealed and the following definition is inserted in lieu thereof :- " "Local Authority"-The Council of a City, Town, or Shire constituted under the Local Authorities Act: the term also means and includes the Brisbane City Council consti- tuted under t"The City of Brisbane Acts, 1924 to 1930 " (or any Act amending or in substitution therefor);" * 7 Geo. V. No. 27, supra, page 7497. t 15 Geo. V. No. 32 and 21 Geo. V. No. 45, supra, pages 11140 and 13211.

FIRE BRIGADES. 13739 19:31. Fire Brigades .Acts Amendment Act. (e) The definition of "Local Authorities Act" is repealed, and the following definition is inserted in lieu thereof, namely:- "" Local Authorities Act"-*" The Local Authorities Local Acts , 1902 to 1929 " (or any Act amending or AAcutt.horities in substitution therefor): the term also means and includes t"The City of Brisbane Acts, 1924 to 1930" (or any Act amending or in substitution therefor);" (f) A new definition is inserted after the definition of " Owner," namely :- " " Person" includes a company;" Person. (g) A new definition is inserted after the definition of " Premises," namely :- " " Property"-Without in any wise limiting the Property. ordinary meaning of the term "property," the term "property" also includes any fences, outhouses, trees, crops, grasses, goods, chattels or effects, furniture, fittings, furnishings, machinery, or improvements contained in, or on, or used in or in connection with any premises;" 3. Subsection two of section six of the Principal Amendment Act is amended by omitting the words " every election" of s. 6. and inserting the words " the first election of a Board" in lieu thereof. 4. Section thirteen of the Principal Act and clause Repeal of eleven of Part Ill. of the Schedule thereto are repealed ~ia~ ~ :~ ~ of and the following section is inserted in lieu thereof : - PScahrt. , I a l n l d . of insertion of new s. 13. "[13.] (1.) The Board shall establish a Fund to beEstablish. called the " Fire Brigade Fund." ; ~ ~ tB~ 1gade Fund. (2.) There shall be paid into the Fund- (a) All moneys received from the Government; (b) All moneys received from the Local Authority; * 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seg. (See Alphabetical Table.) t 15 Geo. v. No. 32 and 21 Geo. v. No. 45, supra, pages 11140 and 13211.

13740 FIRE BRIGADES. Fire Brigades Arts Amendment Act. 22 GEO. V. No. 32, (c) All moneys received from the insurance companies; and (d) All other moneys received by the Board under or in pursuance of this Act other than the proceeds of a loa,n or the proceeds of the sale of debentures. (3.) The Fire Brigade Fund shall, subject to section fourteen, be applied towards the payment of all expenses necessarily incurred in carrying this Act into execution and in doing and performing any act or thing which the Board is by this Act empowered or required to do or perform. (4.) The Board may payout of the Fire Brigade Fund any sum due under an agreement lawfully made for the purposes of this Act, and any sum recovered against the Board by process of law and any sum which by any order made or purporting to be maae under this Act the Board is directed to pay by way of compensation, damages, costs, or otherwise." Amendment 5. Subsection one of section fourteen of the Principal of s. 14. Act is repealed and the following section is inserted in lieu thereof:- Board to " [14. ] (1.) From and after the passing of "The epsrteipmaarete of Fire Brigades Act Amendment Act of 1931" the expenditure Board shall before the fourteenth day of the month of and income. July in every year, including the year ending on the thirtieth day of June, one thousand nine hundred and thirty-two, prepare an estimate as accurately as possible and in such form as the Minister may direct, of--· (a) The total amount of the expenditure required to be incurred by the Board under or in pursuance of this Act during the current year ending on the thirtieth day of June following; and (b) The total amount of the probable income of the Board during the same period from all sources other than contributions by the Government, the Local Authority or Local Authorities having jurisdiction within the District, and the insurance companies as hereinafter provided, and the proceeds of a loan or the sale of debentures:

FIRE BRIGADES. 1931. FireBrigadesActsAmendmentAct. Provided that in respect of the year ending on the thirtieth day of June, one thousand nine hundred and thirty-two, such estimate as aforesaid shall be prepared within fourteen days from the passing of "The Fire Brigade8 Act Amendment Act of 1931." (2.) Every such estimate shall be subject to the approval of the Governor in Council, and until so approved shall have no force or effect. (3.) Every such estimate shall be revised, and if it appears to the Minister that any amount therein has been over-estimated or under-estimated, or that any item of expenditure included therein should not be so included, he shall amend the same as to him appears reasonable, and in such case the estimate shall be approved as amended and shall be binding on the Board. (4.) No estimate of expenditure when approved by the Governor in Council shall be exceeded, nor shall any expenditure not provided in such estimate be incurred. If any Board shall exceed the expenditure provided in its approved estimate or incur any expenditure not provided in such approved estimate, the members of such Board, or so many of them as are responsible for such expenditure, shall be personally and severally liable for such excess expenditure: Moreover, such excess expenditure may be recoverable from any such member or members in the same manner as a surcharge made by the Auditor-General against a public accountant pursuant to the provisions of *"The Audit Acts, 1874 to 1906," is enforced and recovered against such public accountant pursuant to such last- mentioned Acts, and the provisions of such last-mentioned Acts shall mutati8 mutandi8 apply and extend, and to the intent that such excess expenditure shall for the purposes of such last-mentioned Acts be deemed a surcharge thereunder accordingly. (5.) All estimates of expenditure of Boards in respect of the year ending on the thirtieth day of December, one thousand nine hundred and thirty-one, shall, from and after the thirtieth day of June, one thousand nine hundred and thirty-one, cease to have any force or effect." * 28 Vic. No. 12 and amending Acts, supra, pages 74 et Beq. (See Alphabetical Table.) 13741

13742 FIRE BRIGADES. ------------ - - ~ - - - -- --~ - - - - - ~ - ~ - - FireBrigadesActsAmendmentAct. 22 GEO. V. Xo. 32, -- -- ~-~- -- ~ ~ - ~ - - ~ ~ - - - Section 14A~ 6. (1.) Subsections two, three, four, and five of section fourteen of the Principal Act shall constitute section 14A, and subsections two, three, four, and five shall be renumbered subsections one, two, three and five of section 14A accordingly. The sidenote to the renumbered subsection one shall be " Basis of contributions to Board." The sidenote to the renumbered subsection two shall be "Payments." The sidenote to the renumbered subsection three shall be " Contributions by insurance companies." (2.) The following amendments are made in section renumbered section 14A as follows ;- (a) In subsection renumbered one the words" The amount of such estimate approved as aforesaid" are repealed, and the following words are inserted in lieu thereof, namely ;-- " The difference between the estimated expenditure and the estimated income of the Board as set forth in section fourteen of this Act shall be known as the amount to be contributed, and such amount to be contributed." (b) In the first pal'agraph of subsection renumbered three the words "during the year ended on the thirtieth day of .June last past" are inserted after the word " reinsurance" where it first occurs, and the words "year last past" arc deleted and the words "same period" inserted in lieu thereof. A new proviso is added to the said paragraph as follows :- " Provided that in respect of the year ending on the thirtieth day of June, one thousand nine hundred and thirty-two, the contribution to be made by the insurance companies shall be made by each insurance company paying to the Board towards such contribution a sum of money calculated rateably on the total amount of the premiums received by such company for insurance and reinsurance during the year ended on the thirty- first day of December, one thousand nine hundred and thirty, after deducting therefrom the total amount paid away during the same period for reinsurance within the

1931. FIRE BRIGADES. FireBrigadesActsAmendmentAct. 13743 State to companies contributing to the Board on such reinsurance premiums as appea;red in the return for that year." (c) In the second paragraph of subsection renumbered three the words "month of January" are repealed and the words "month of July" are inserted in lieu thereof, and the following proviso is added to the said paragraph, namely:- "Provided that the insurance companies shall not be required to furnish returns as aforesaid in respect of the period ended on the thirtieth day of June, one thousand nine hundred and thirty-one." (d) The following new paragraph is added to the said subsection renumbered three, namely:- "In respect of an insurance company being a ~ ompanies company incorporated and/or registered outside Queens- ~ ~ corporated land for the purposes of this Act, the term "agent" regis.tered (without in any wise limiting the meaning thereof) shall , 0Quuetesnldselaon£d. also mean and include" the public officer of the company' as defined in section eighty of *"The Income Tax Acts, 1924 to 1930" (or any Act amending or in substitution therefor), and the provisions of such section shall, m~ datis mutandis, apply accordingly." (e) A new subsection is added to the said section renumbered section 14A and to follow subsection renumbered three, as follows :- " (4.) Every owner of property within a District Returns by in which this Act applies in respect of which an insurance owners. company (not being incorporated in and/or registered in Queensland) holds a risk shall in the month of July in each year, or at such other time as the Board may notify, send to the Board a return showing the amount of the premiums paid by him in respect of such property to the said insurance company during the preceding year. If any such owner fails or neglects or refuses to send such return within the time so prescribed or notified, such owner shall be liable to a penalty not exceeding one pound for every day during which such default is made or continued." * 15 Geo. V. No. 3'! and amending Acts, supm, pages 10945 et seq. (See Alpha,betical Table.)

13744 FIRE BRIGADES. Pire Brigades Acts Amendment Act. 22 GEO. V. No. 32,. Amendment 7. The following subsection is added to section of s. 15. fifteen of the Principal Act, namely ; - ~ ompanies "(3.) 'Without in any wise limiting the above ~ ~ corporated provisions of this Act, and for the purpose of more registered effectually carrying out the objects and purposes thereof, Q~ : ! ~: land. any precept deemed to be a judgment of the Supreme Court (as referred to in subsection two of this section) may, in respect of an insurance company incorporated and/or registered outside of Queensland, be also enforced with costs against the public officer of the company as defined in section eighty of *" The Income Tax Acts, 1924 to 1930" (or any Act amending or in substitution therefor), and any sum recovered from such public officer shall be deemed to be in satisfaction wholly or in part, as the case may be, of the said judgment and costs accordingly : Provided that nothing in this subsection shall be construed to limit or in any way to affect the powers, rights, authorities and jurisdiction of the Board to enforce such judgment and costs against the company concerned in the first instance or to enforce such amount of the judgment and costs as shall not have been recovered from the public officer against the company concerned.', 8. The following new sections are inserted after section sixteen of the Principal Act, as follows ;- Board~o. "[17.J The Boar.d shall cause a separate and distind, ~~~ gu~ ~ ~ ~ mct account to be kept of all loan moneys received by it, and all moneys forming part of any such loan shall be paid into a separate account in the bank which shall be called the" Fire Brigade Loan Fund Account." Such moneys shall be applied solely to the purposes for which the money was borrowed. If after all the works or purposes for which such money was borrowed are completed there is any surplus of any loan advanced by the Treasurer, the said amount shall forthwith be repaid to the Treasurer in part liquidation of the loan. Board to furnish returns. [18.J The Board shall before the fourteenth day of July in each year furnish to the Minister, in the form prescribed by the Minister, a statement of receipts and expenditure for the preceding financial year and such other information as the Minister may from time to time require." * 15 Geo. V. No. 34 and amending Acts, supra, pages 10945 et seq. (See Alphabetical Table.)

1931. FIRE BRIGADES. FireBrigadesActsAmendmentAct. 13745 Amendments of the Schedule. 9. Part 1. of the Schedule of the Principal Act is Amendment amended as follows :_ p~ ~ ~ h; dule, Clause one is repealed, and the following new clause is inserted in lieu thereof :- " 1. For the purpose of constituting the first Board, the Minister Meeting of shall appoint a returning officer, who shall convene a general meeting rep!esen. of the representatives appointed by the several insurance companies tatlves, to represent them in that behalf for the time and place appointed for the election, by written notice addressed to each insurance company at its office within the District. Thereafter the secretary shall by virtue of his office be returning officer. Every insurance company shall be bound to give notice to the returning officer of the situation of such office and of any alteration in the same." 10. Part Ill. of the Schedule is amended as Amendment follows '._ of Schedule, Part Ill. (a) Paragraph six of clause four is' amended by Clause 4. deleting the words "two clear days" and inserting in lieu thereof the words" one day." (b) Clause five is amended by the deletion of the Clause 5. fourth and fifth paragraphs thereof and the insertion in lieu thereof of the following paragraphs, namely:-- "The Board may elect one of their number to be deputy chairman of the Board, and such member so elected shall act as chairman of the Board during any absence of the chairman. In the absence· of the chairman and the deputy chairman, the members present at any duly convened meeting shall elect from their number a chairman for the day. The chairman, or deputy chairman or the chairman for the day shall have a vote, and when there is an equal division of votes upon any question, shall have a second or casting vote." (c) Clause twelve is amended by omitting the words Clause 12. " thirty-first day of March" and inserting in lieu thereof " thirtieth day of September." (d) Paragraph three of clallse thirteen is repealed. Clause 13. (e) Clause twenty-four is amended as follows : - Clause 24. (i.) Paragraph sixteen of subclause two is amended (2) (xvi.). by inserting before the word" gunpowder" the words " inflammable liquid or film."

13746 FIRB BRIGADES. Fire Brigades Acts Amendment Act. 22 GEO. V. No. 32, 1931. (XVi.A.). (ii.) A new paragraph (XVi.A) is inserted after paragraph sixteen, namely:- "(XVi.A) He shall at all times have free access to any premises where he suspects that any weeds, grass, or other plant growth or undergrowth exists that may be in his opinion a source of danger by fire to those and/or other adjacent premises or property. If he discovers that any such weeds or growth or undergrowth exists he shall forthwith report the fact to the Board. Upon the receipt of such report the Board may cause to be served on the occupier of any such premises notice to remove such weeds, growth, or undergrowth from such premises within a time t) be specified in such notice. If default is made in compliance with such notice the person so making default shall be liable to [t penalty not exceeding fifty pounds." (iii.) The following new subclause is inserted after snbclause 2A, namely:- " [2B.] The powers, duties, and authorities conferred by this clause twenty-four on the chief officer of a Fire Brigade shall also apply and extend to the chief officer of a Volunteer Fire Brigade, and such chief officer of a Volunteer Fire Brigade shall have, perform, and exercise such powers, duties, and authorities of a chief officer of a Fire Brigade accordingly." (iv.) Subclause three is amended by inserting after the words "chief officer urider this section" the words " or delegated officer, inspector, or employee (pursuant to subclause 2A), or chief officer of a Volunteer Fire Brigade (pursuant to subclaus6 2B), or officer or fireman (pursuant to clause twenty-five hereinafter provided)." Clause 30. (f) Clause thirty is amended as follows : - In paragraph one, after the words" Fire Brigade" the words and brackets" (or Volunteer Fire Brigade)" are inserted. In paragraph two, after the word "Board" the words "or Volunteer Fire Brigade" are inserted. In paragraph four, after the word "Board" the words "or Volunteer Fire Brigade" are inserted. Clause 38. (g) Clause thirty-eight is amended by the insertion before the words" No matter" of the words" Subject to the provisions of section fourteen of this Act."