Fire Brigades Acts Amendment Act of 1962 (11 Eliz Ii No. 5) (Qld)

747 ANNO UNDECIMO . E . L .. I . Z .. A .. B . E .. T .. H .. A .. E .... S . E .. C .. U . , N .. D .. A .. E ... R .. E .. G .. I . N .. A .. E . . No. 5 An Act to Amend "The Fire Brigades Acts, 1920 to 19S9," in certain particulars [AsSENTED TO 22ND MARCH, 1962] B E 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. (1) This Act may be cited as " The Fire Brigades Short title Acts Amendment Act of 1962." (2) "The Fire Brigades Acts, 1920 to 1959," are Principal Act in this Act referred to as the Principal Act. (3) The Principal Act and this Act may be <;ollective collectively cited as "The Fire Brigades Acts, 1920 to title 1962."

748 Fire Brigades Acts Amendment Act 11 ELIZ. II. No. 5, Amendments ofs. 6 2. Section six of the Principal Act is amended by- (a) omitting subparagraph (iii) of the second paragraph of subsection (1) and inserting in its stead the following subparagraph :- " (iii) The Local Authority or Local Authorities having jurisdiction within the District shall be represented by two members, each of whom shall be a member of such a Local Authority and who shall be elected by such Local Authority or Local Authorities unless, where two or more Local Authorities have jurisdiction in the District, the Governor in Council (who is hereby thereunto authorised) has by Order in Council assigned one such representative to any one or more of them and the other such representative to the other or others of them ; in which case each such representative shall be elected by the Local Authority or group of Local Authorities to which he is assigned : " ; (b) in subsection (3) inserting after paragraph (iv) the following paragraph :- " or (v) is not an elector within the meaning of" The Local Government Acts, 1936 to 1961," with respect to the area of a Local Authority having jurisdiction within the District for which the Board is constituted ; " ; and (c) adding the following subsection :- eTmxrepamvenebsleleirsnsgof expen " s ( e 4 s ) cTonhneecBtoedarwd itmhatyhepaatytentodaancme eomf bseurchtrmaveemllbinegr at any meeting of the Board or of any Committee appointed by the Board at such rate as may from time to time be determined by the Governor in Council (who is hereby thereunto authorised) by Order in Council." Amendment 3. Section nine of the Principal Act is amended ofs.9 by inserting after the word " firemen ", twice occurring, the words " auxiliary firemen, cadet firemen ". News. 9B Super- annuation for employees 4. The Principal Act is amended by inserting after section 9A the following section :- " [9B.] The Board shall have power (either alone or jointly with another Board or other Boards) to establish and support or aid in the establishment and support

1962 FireBrigadesActsAmendmentActof such superannuation or provident schemes or plans or trusts as may be approved by the Governor in Council for the benefit of its or their employees and their dependants and to subsidise and to contribute and make payments from the funds of the Board to the funds created and held in connection with any such schemes, plans or trusts." 749 5. Section thirteen of the Principal Act is amended Amendment by adding the following subsection :- of s. 13 f rom" t(i . 5m) e (a t ) o Stui • mbjeecm . t vtoestthuisposunbsseecctuiori . nty thmeonBeoyasrdwm h" 1ac h y m ~h v o e r s t tm te e r n m ts are temporarily surplus in any of its funds with any authorised and approved dealer. (b) For the purposes of this subsection the expression " authorised and approved dealer " means a person- (i) who is an authorised 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) who is approved by the Governor in Council by Order in Council published in the Gazette. (c) Any and every security in respect of any investment referred to in this subsection 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 any and every such security held to its account by the Reserve Bank of Australia." 6. The Principal Act is amended by inserting after News. 13A section thirteen the following section :-- " [13A.] (I) The Board may, with the consent ofEstablish:. :~~;3! the Governor in Council, establish a Fund to be called Fire the " Fire Brigade Capital Reserve Fund ". Capital Reserve (2) There shall be paid into the Fire Brigade Capital Fuu<l Reserve Fund any moneys approved for that purpose by the Governor in Council. (3) The Fire Brigade Capital Reserve Fund shall be applied towards the purchase, construction, renewal or replacement of land, buildings, machinery or plant : 25

750 Fire Brigades Acts Amendment Act 11 ELIZ. II. No. 5, Provided that no moneys shall be paid out of such Fund without the prior approval of the Governor in Council." o A r m s. en 1 d 4 m ( e l) nts Act i 7 s . aSmuebnsdeectdiobny( 1-) of section fourteen of the Principal (a) inserting in paragraph (a) after the words" June following " the words " , and an amount, calculated from such total amount of expenditure, estimated to be required to be incurred by the Board during the first two months next following such current year " ; and (b) adding the following paragraph :- " In preparing the estimate prescribed by this subsection in respect of any year any amount for expenditure required to be incurred by the Board during the first two months of such year included in the estimate in respect of the next previous year shall be taken into account." o A f m s. en 1 d 4B ments by-- 8. (1) Section 14B of the Principal Act is amended (a) adding to subsection (3) the following paragraph :- " In respect of the insurance of television receivers, an amount of five shillings for each and every receiver insured by an insurance company shall be taken into account for the purposes of this subsection." ; and (b) adding to subsection (4) the following paragraph :- " Every such return which includes premiums in respect of the insurance of television receivers shall in lieu of such premiums include an amount of five shillings for each and every such receiver." i N ns e e w rt s e . d 14c sectio9n. 1 T 4 h B ethPerinfoclilpoawl inAgctseisctiaomne: nd-ed by inserting after ~!tri:;i-~1ew ." [14c.] (J) Where, in r~spect ofhanby y~ar in wfhifi.ch insurance an msurance company carnes on t e usmess o re companies insurance in Queensland, the amount payable by such company of the total annual contribution cannot be assessed as prescribed by subsections (3) and (4) of section 14B of this Act, such amount may be assessed as prescribed by this section.

1962 FireBrigadesActsAmendmentAct (2) The Minister may cause to be made an estimate of the total amounts of the premiums which will be received by such company for insurance and reinsurance throughout Queensland during the year in question, less the total amounts of premiums for reinsurance within Queensland which will be paid away by such company during such year. The Minister shall inform in writing the company concerned of his intention to cause an estimate as prescribed by this subsection to be made in respect of any year, specifying such year, and shall state in such writing that in the making of 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 the estimate such regard as the Minister deems just shall be had to the information and representations, if any, furnished or made by the company to the Minister. (3) An insurance company shall make payment to the Minister as prescribed by section 15B of this Act of the amount assessed as prescribed by this section to be payable by it in respect of any year and with respect to the obtaining and recovery from the insurance company of such amount, the provisions of subsections (3) and (4) of section 15B of this Act shall, with and subject to any necessary modifications, apply and extend. (4) If, in respect of any year, any insurance company satisfies the Minister that the amount assessed under this section was excessive the Minister may, subject to the company having paid the amount of the assessment, direct that a sum not exceeding the amount of such excess, be deducted from the amount of the total annual contribution payable by such company 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 other insurance companies. 751

752 Fire Brigades Acts Amendment Act 11 Euz. II. No. 5, Such added amount shall be divided amongst, and shall be paid by, such other insurance companies rateably according to the amounts payable by them respectively of the total annual contribution in question, and for the purpose of the obtaining or recovery of payment thereof, any sum so added shall be deemed to be included in and to form part of the amount payable by the insurance company concerned of the total annual contribution in question. (5) The provisions of this section shall apply with respect to the year which commenced on the first day of July, one thousand nine hundred and sixty-one, and each and every year thereafter. o A f m s. en 15 d A ments Act i 1 s 0 a . mSeunbdseedctbioyn - (2) of section 15A of the Principal (a) lettering that subsection as paragraph (a) ; and (b) adding to that subsection (as so lettered by paragraph (a) of this section) the following paragraphs :- " (b) Subject to agreement between the component Local Authorities, and upon the recommendation of the Minister, the Governor in Council may- (i) by Order in Council provide for the division amongst the component Local Authorities of the amount of such contribution ; (ii) by Order in Council vary any Order m Council referred to in subparagraph (i) of this paragraph (b) ; (c) During the continuance in force of any Order in Council referred to in subparagraph (i) of paragraph (b) of this subsection (and whether as originally made or as varied for the time being) the amount of the contribution, as prescribed by section 14A of this Act, by the component Local Authorities in respect

1962 FireBrigadesActsAmendmentActof any and every year shall be divided amongst them as provided by the Order in Council (or by a variation thereof in force for the time being) and shall be paid by them accordingly in lieu of being divided and paid as prescribed by paragraph (a) of this subsection ; (d) The Governor in Council- (i) upon the recommendation of the Minister, may; or (ii) upon the request of all the component Local Authorities, shall, revoke any Order in Council made by him under paragraph (b) of this subsection (including any Order in Council varying the original Order in Council) and thereupon and thereafter until a fresh such Order in Council is made the contribution shall be divided and paid as prescribed by paragraph (a) of this subsection." 753 11. Section seventeen of the Principal Act is Amendment amended by omitting from the second paragraph the ors. 17 words " shall forthwith be repaid to the Treasurer in part liquidation of the loan " and inserting in their stead the words " or any part thereof shall be dealt with in such manner as may be approved in writing by the Treasurer ". 12. Part I of the First Schedule to the Principal Amendments Act is amended by- of Part I of First Schedule (a) in rule one- Rule 1 (i) inserting after the words " several insurance companies" the words and brackets "(each of which shall for this purpose appoint one representative) " ; and

754 Fire Brigades Acts Amendment Act 11 ELIZ. II. No. 5, Rule2 Rule 3 (ii) inserting after the words "within the District." the words " Such notice shall be a sufficient notification of such meeting to the insurance companies and their representatives." ; (b) in rule two omitting the word" representatives" where that word last appears and inserting in its stead the words " a representative " ; and ( c) in ntle three- (i) omitting the word " twenty ", twice occurring, and inserting in its stead, wherever omitted, the word " fifty " ; (ii) omitting the word " fifty ", twice occurring, and inserting in its stead, wherever omitted, the words " one hundred " ; and (iii) adding to rule three the following paragraph :- " For the purpose of enabling the returning officer to compile a roll of persons entitled to vote, each and every insurance company desiring to be represented at the meeting shall furnish to the returning officer not later than seven days before the date of the meeting a certificate in the following form :- " THE FIRE BRIGADES ACTS, 1920 TO 1962" FIRST SCHEDULE-PART I Certificate by Insurance Company I hereby certify that (name of representative) has been appointed the representative of the (name of company) to attend the general meeting of representatives of the several insurance companies concerned for the (date) at (time) for the purpose of electing three members of the (name of Board) Fire Brigade Board, and I further certify that in terms of " The Fire Brigades Acts, 1920 to 1962," he is entitled to (number of votes) votes at such meeting. Date Signed Manager and Attorney fo; the (name of insurance company) whose registered office is situated at (address). Witness (A Justice of the Peace)." i A 1 m ;f e 1 n 1 dm 11 eonft Act i1s3a.mPenardtedIIboyfinthseertFinirgstinScruhleeduolnee taofttehrethPeriwncoirpdasl Schedule " at the election of" the words " a member or ".

1962 Fire Brigades Acts Amendment Act 755 14. Part III of the First Schedule to the Principal \n;:ndTiin1 Act is amended by- 0 Firstrt Schedule (a) adding to clause fifteen the following aause 1s subclauses :- " (3) In the months of February and August respectively in every year, the Treasurer shall cause to be published in the Gazette a statement showing, with respect to every Board to which a loan has been advanced by the Treasurer under this Act or any other Act, the amount of money which is then overdue and in arrear and also the total of the principal sum then remaining unpaid. If thereafter on the thirtieth day of April or the thirty-first day of October, respectively, any part of such money so overdue and in arrear remains unpaid, the Treasurer may by notification in the Gazette appoint a receiver to collect on his behalf and to pay to the Treasury all or any moneys from time to time due and owing to the Board to the amount stated in such notification ; and the Treasurer may from time to time make all such orders and give all such directions with respect to the powers and duties of such receiver and the management by him of the business of the Board as the Treasurer thinks proper, and judicial notice shall be taken of all such orders and directions. Thereupon such receiver shall from the date stated in such notification be the only person legally entitled to receive the revenues of such Board and shall be deemed to that extent and for that purpose to be a " public accountant" within the meaning of" The Audit Acts, 1874 to 1960." (4) If default is made by the Board in making any payment whether of principal or interest to the holder of any debenture, the holder of such debenture shall be entitled to make application to and procure all necessary orders and directions from the Supreme Court for the appointment of a receiver, and such Court shall have power to make all such orders for the appointment of a receiver, or for his removal and the appointment of another in his place as may be necessary, and to make any orders and give any directions which such Court may think proper, and such receiver shall be deemed to be an officer of such Court. (5) Subject to this Act, the receiver shall have power to levy or collect all payments authorised to be levied or collected by the Board, and be entitled to receive all payments whatsoever payable to the Board for or in respect of which he has been appointed receiver ; and for such purposes such receiver shall be deemed to be the Board, and may exercise all the powers thereof. The receiver shall be entitled to such commission payable out of the moneys collected by him as remuneration for his services as the Treasurer or Court may appoint. The receiver, if appointed by the Treasurer, shall pay over all moneys received by him to the Treasurer, and the receiver, if appointed by the Court, shall, subject to any order of the Court, pay over all moneys received by him to such holder, or to and among the holders of debentures of the same series as such holder, or to the holders of

756 Fire Brigades Acts Amendment Act 11 Euz. II. No. 5, 1962 debentures generally in such order of priority or otherwise as the Court may think fit ; and if there is any balance in hand over and above the amount due and payable by him under this Act the receiver shall pay such balance to the Board." ; (b) adding to clause thirty the following paragraph :- " (viii) Wilfully or negligently interferes with or deals with any building, engine, vehicle, reel, hose, pipe, ladder, or other thing belonging to the Board or Volunteer Fire Brigade, so as in any way to obstruct, hinder or interfere with or be likely to obstruct, hinder or interfere with any action of the Board or Volunteer Fire Brigade in the extinguishing of any fire or the protection of life or property in case of any .fire ; " ; and (c) adding to clause thirty-nine the following paragraph :- " Nothing in this clause contained shall be read or construed so as to apply with respect to the prosecution of offences against this Act or with respect to any action by the Board or by any person on behalf of the Board against any person for the recovery of any moneys payable under this Act."