Fire Brigades Acts Amendment Act of 1959 (8 Eliz Ii No. 2) (Qld)

244 FIRE. Fire Brigades Acts Amendment Act. 8 E liz . II. No. 2, FIRE. 8 E N l o i . z . 2. II. An Act to Amend "The Fire Brigades Acts, 1920 to T he F ire B rigades 1956," in certain particulars. A cts A mendment A ct of 1959. [A ssented to 18 th M arch , 1959.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. Principal Act. Collective title. 1. (1.) This Act may be cited as “ The Fire Brigades Acts Amendment Act of 1959.” (2.) *“ The Fire Brigades Acts, 1920 to 1956,” are in this Act referred to as the Principal Act. (3.) The Principal Act and this Act may be collectively cited as “ The Fire Briqades Acts, 1920 to 1959.” Amendments of s. 14 a . 2. Section 14 a of the Principal Act is amended— (a) By inserting, after the words “ insurance companies ” where appearing in subsection two thereof, the words “ and owners of property specified in subsection seven of section 14 b of this Act ” ; and ( b) By adding to subsection two thereof the following paragraph :— “ The amount of the annual contribution prescribed by this subsection to be paid by all insurance companies and all owners of property together shall be apportioned according to the totals respectively of— (a) The amounts of the premiums received by all insurance companies for insurance and reinsurance throughout Queensland during the next preceding calendar year less the aggregate of the amount of premiums for reinsurance within Queensland paid away by them during that calendar year to others of them; and * 10 G. 5 No. 23 and amending Acts.

FIRE. 245 1959. FireBrigadesActs AmendmentAct. ( b) The amounts of the premiums paid by such owners of property for insurance in respect of their properties during the next preceding calendar year.” 3. Section 14 b of the Principal Act is amended— Amendments of s. 14 b . (а) By repealing, in subsection one thereof, the words “ one thousand nine hundred and fifty-seven ” and inserting, in lieu of those repealed words, the words “ one thousand nine hundred and fifty-nine ” ; (б) By repealing, in subsection three thereof, the words “ preceding year ” and inserting, in lieu of those repealed words, the words “ preceding calendar year ” ; (c) By repealing, in subsection three thereof, the words “ that year ” and inserting, in lieu of those repealed words, the words “ that calendar year ” ; (d) By adding to subsection three thereof the following paragraph:— “ In respect of householders comprehensive insurance, only sixty-six and two-thirds per centum of the total amount of premiums received and paid away as aforesaid by any insurance company shall be taken into account for the purposes of this subsection.” ; (e) By repealing, in subsection four thereof, the word “ July ” and inserting, in lieu of that repealed word, the word “ May ” ; (/) By repealing, in subsection four thereof, the words “ in each and every year ” and inserting, in lieu of those repealed words, the words “ in each and every calendar year, commencing with and including the calendar year one thousand nine hundred and fifty- nine,” ; (g) By repealing, in subsection four thereof, the words “ preceding year ” and inserting, in lieu of those repealed words, the words “ preceding calendar year ” ; (h) By repealing, in subsection four thereof, the words “ that year ” and by inserting, in lieu of those repealed words, the words “ that calendar year ” ; (i) By inserting, after the second paragraph of subsection four thereof, the following paragraph :— “ Every such return which includes premiums in respect of householders comprehensive insurance shall include only sixty-six and two-thirds per centum of the total amount of those premiums.” ;

246 FIRE. Fire Brigades Acts Amendment Act. 8 E liz . II. No. 2, (j) By inserting, before the word “ year ” in subsection five thereof, the word “ calendar ” ; (k) By inserting, before the word “ year ” in paragraph (a) of subsection six thereof, the word “ calendar ” ; (l) By repealing, in subsection seven thereof, the word “ July ” and inserting, in lieu of that repealed word, the word “ May ” ; (m) By repealing, in subsection seven thereof, the words “ in every year ” and inserting, in lieu of those repealed words, the words “ in each and every calendar year, commencing with and including the calendar year one thousand nine hundred and fifty- nine ” ; ( n) By repealing, in subsection seven thereof, the words “ preceding year ” and inserting, in lieu of those repealed words, the words “ preceding calendar year ” ; and (o) By repealing, in subsection seven thereof, the words “ in respect of any year ” and inserting, in lieu of those repealed words, the words “ in respect of any calendar year New s. iso inserted. 4. The following section is inserted after section the Principal Act:— Payment “[25c.] (2.) This section applies in respect of the bpryoopwernteyrsoof f year to commence on the first day of July, one thousand aconnnturaibl ution. tnhinereeahfutenrd. red and fifty-nine, and each and every year (2.) In this section and wherever appearing elsewhere in this Act the term “ portion of the total annual contribution ” means, in relation to owners of property specified in subsection seven of section 14 b of this Act together, the aggregate of the moneys to be contributed by them, as prescribed by section 14 a of this Act, to Boards in Queensland in respect of the year in question. (3.) The portion of the total annual contribution in respect of any and every year shall be divided amongst, and shall be paid by owners of property rateably according to the total amounts of the premiums paid by them respectively for insurance in respect of their properties during the next preceding calendar year.

FIRE. 1959. FireBrigadesActsAmendmentAct. (4.) Owners of property shall make payment to the Minister as prescribed by this section of the amounts payable by them respectively of the portion of the total annual contribution in respect of each and every year. (5.) (a) For obtaining from any owner of property the amount so payable by him in respect of any year the Minister may issue or cause to be issued a precept. Such a precept shall be sufficiently authenticated if it is signed by the Minister, or the Under Secretary of his Department by his direction, shall state the sum to be contributed by the owner of property to whom it is directed, and shall require that owner of property to pay that sum to the Minister by two equal half-yearly instalments payable respectively on or before the dates specified therein. (6) Precepts under this section (herein in this section referred to as “ provisional precepts ”) may, in respect of any year, be issued before the revision and approval, as prescribed by section fourteen of this Act, of the estimates respectively of income and expenditure of all of the B~ oard"s prepared’ as prescri-bed- - by th- at section. For the purposes of the issue in respect of any year of provisional precepts the portion of the total annual contribution in respect of that year shall be as determined according to estimates respectively of income and expenditure prepared by Boards notwithstanding that all of those estimates shall not have been lodged, revised and approved as prescribed by section fourteen of this Act. When all such estimates lodged have been so revised and approved further precepts under this section (herein in this section referred to as “ adjusted precepts ”) may, in respect of the year in question, be issued as necessary for obtaining from any and every owner of property the amount payable by him of the portion of the total annual contribution according to such estimates as so revised and approved. Where the amount or any instalment or part of the amount required by a provisional precept to be paid to the Minister has been so paid before the issue of an adjusted precept, then that payment shall be deemed made in part settlement of the adjusted 247

248 FIRE. Fire Brigades Acts Amendment Act. 8 E liz . II. No. 2, precept and shall be credited accordingly. If that payment exceeds the total amount payable under the adjusted precept, the excess shall be refunded and the adjusted precept shall be deemed paid in full. Upon the issue of an adjusted precept, the provisional precept shall cease to have force and the owner of property concerned shall cease to be required thereby to make any payment. (6.) Every owner of property thereunto required by a precept as aforesaid shall make payment of each instalment of the sum stated in the precept in compliance in every respect with the requirements thereof. In the event of an owner of property defaulting in making due payment of an instalment or any amount of an instalment required by a precept under this section to be paid by him, the Minister may cause a copy of that precept, endorsed with or accompanied by a statement of the sum which the owner of property in question has made default in paying, to be filed in the registry of the Magistrates Court at Brisbane. Such copy and statement shall be certified as correct under the hand of the Minister or Under Secretary of his Department. At the expiration of sixty days after the filing thereof in the registry of the Magistrates Court at Brisbane such precept shall be of the same force and effect and all proceedings and remedies for the enforcement thereof with costs may be taken as if such precept were a judgment of the Magistrates Court ordering payment of the sum stated as aforesaid. This subsection applies so that an owner of property issued with both a provisional and an adjusted precept in respect of a year shall not be required by the provisional precept to make at any time after the issue of the adjusted precept any payment. (7.) The Minister shall cause to be deposited in the Treasury to the credit of The Fire Brigades Precepts Trust Account all moneys paid to him under this Act by owners of property. Payment into that fund by an owner of property of any moneys payable by him to the Minister under this Act shall be deemed payment by him of those moneys to the Minister.

FIRE. 1959. FireBrigades Acts Amendment Act. The Treasurer shall cause all moneys paid into the said fund in respect of any year by owners of property to be paid out to Boards according to the amounts to be contributed to them respectively by those owners of property certified to him by the Minister. (8.) Any amount contributed in respect of any year by an insurance company not incorporated or registered in Queensland to the total contribution to be made, as prescribed by section 14 b of this Act, by insurance companies and owners of property together shall be set off against the amounts payable under this section in respect of the year in question by owners of property in relation to premiums paid by whom to it that insurance company made that contribution.” 249 5. Subclause one of clause thirty-one of Part III. ^6^nent of the First Schedule to the Principal Act is amended— schedule, (i.) By repealing the words “ attending the fire ” and inserting, in lieu of those repealed words, the words “ attending to the fire ” ; and (ii.) By adding thereto the following paragraph :— “ For the purposes of this clause a Fire Brigade shall not be taken as “ attending to the fire ” unless the Brigade attends at the site of the fire whilst the fire is still alight and takes and does such steps and things as in the circumstances of the fire are reasonably necessary to extinguish it.” FOOT AND MOUTH DISEASE EXPENSES AND COMPENSATION FUND. See S tock . FRUIT AND VEGETABLES. See A griculture .