Fire Brigades Amendment Act 1985 (WA)

WESTERN AUSTRALIA.

FIRE BRIGADES.

No. 51 of 1985.

AN ACT to amend the Fire Brigades Act 1942.

[Assented to 23 October 1985.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Fire Brigades and principal

Amendment Act 1985.	Act.
Reprinted

(2) In this Act the Fire Brigades Act 1942 is	as approved
18 February

referred to as the principal Act.

1972 and

amended by

Acts Nos. 94

of 1972

(as amended

by No. 42 of

1975), /07 of

1972, 78 and

85 of 1978,

83 of 1979

and 28

of 19B2.

No. 51.] Fire Brigades. [1985.

Commence-

ment. 2. The provisions of this Act shall come into

operation on such day or days as is or are

respectively fixed by proclamation.

Section 4

amended. 3. Section 4 of the principal Act is amended by

inserting after subsection (2) the following

CI (3) If any question arises as to whether or

not a person is, or has ceased to be, a permanent employee of the Board for the purposes of section 7 (i) or 15 (1) (ba), the same shall be determined by the Board, and its decision shall be final. ".

Section '7

amended

4. (1) Section 7 of the principal Act is amended

and

transitional

provision.

(a) by deleting "11 members" and substituting the following-

" 12 members "; and

(b) by inserting after paragraph (h) the following-

(i) One member shall be a permanent employee of the Board elected by the permanent employees of the Board. ".

(2) Notwithstanding anything in the principal

Act

(a) the increase in the membership of the Board provided for by subsection (1) (a) shall not have effect until the commence- ment of the term of office of the first member elected to the Board for the purposes of section 7 (i) of the principal Act;

1985.] Fire Brigades. [No. 51.

(b)	such election shall be held as soon as is practicable after the commencement of this section; and
(c)	the term of office of the first member of the Board elected for the purposes of section 7 (i) of the principal Act shall commence on the publication in the Gazette by the returning officer of the name of the member so elected and, subject to that Act, expire on 31 December 1988.

5. Section 11 of the principal Act is amended	Section 11
amended.

in subsection (3) by inserting after "bodies" the

following-

" or persons ".

Section 12

6. Section 12 of the principal Act is amended amended.

by inserting after "bodies" in each place where

it appears the following-

" or persons ".

Section 14

7. Section 14 of the principal Act is amended by amended.

deleting "No person" and substituting the

following-

" Except as provided in section 7 (i), no

person ".

8.    Section 15 of the principal Act is amended, ,T,Igoicas

in subsection (1), by inserting after paragraph

(b) the following-

" (ba) if the member, being the permanent employee of the Board elected for the purposes of section 7 (i), ceases to be a permanent employee of the Board; ".

No. 51.] Fire Brigades. [1985.

Section 26A

inserted. 9. After section 26 of the principal Act the

following section is inserted

Further is

powers of	26A. Without limiting sections 25 and 26,
Board.

the Board may

(a) for the promotion of safety of life and property from fire-

establish and operate premises

(i) or mobile facilities for the dissemination of information, charge admission to such premises and sell or grant to any person the right to sell educational materials, souv- enirs and refreshments on such premises or from such mobile facilities;

create and distribute educa- tional materials in any medium;

(iii)

provide training for persons

not employed by the Board;

(iv)  provide a maintenance and inspection service for fire detection and protection systems and equipment, and deal in fire-fighting equip- ment to which such service relates;

and

(v)    make such charges as it shall determine and receive remun- eration for anything done by it under this paragraph;

(b) (i) turn to account, on its own or jointly with any other person or body, any tangible or intangible resource which the Board has

1985.] Fire Brigades. [No. 51.

acquired or developed in the performance of its functions, and where applicable apply for patents, patent rights, copy- rights or similar rights in relation thereto;

(ii)  provide any service for which the equipment or skills under the control of the Board are especially suited, and supply any specialist equipment under the control of the Board to any person or body; and

(iii)  enter into financial arrange- ments with any other party, and receive payment under such arrangements, in relation to the exercise of any power conferred by this paragraph;

(c)	charge and receive the prescribed fees for the examination of plans and specifications of buildings, and for advisory and inspection services rendered in connection therewith, where the examination is made for the purpose of ensuring the safety of life and property from fire;
(d)	receive gifts of money, by way of sponsorship or otherwise, towards the cost of, and accept by way of gift equipment and other property for use in, the performance of any function; and
(e)	do anything that is incidental to, or is necessary or convenient to be done for, the exercise of any power conferred on it by this section. ".

No. 51.] Fire Brigades. [1985.

Section 35

amended. 10. Section 35 of the principal Act is amended by inserting after paragraph (p) the following paragraph-

" (pa) for prescribing the fees to be charged pursuant to section 26A (c), and the persons liable to pay such fees; ".

Section 38

amended and (1) Section 38 of the principal Act is

application

provision

amended in subsection (2) by deleting "subject to

water rates" and substituting the following-

" included in a valuation roll completed and

maintained under section 26 of that Act ".

(2) Section 38 of the principal Act as amended by subsection (1) shall have effect on and after 1 July 1985.