Fire Brigades and Bush Fires (Amendment) Act 1958 (NSW)

FIRE BRIGADES AND BUSH FIRES (AMENDMENT)

ACT.

Act No. 4, 1958.

An Act to make further provisions in relation to contributions to be paid by insurance companies to the fund established under the Fire Brigades Act, 1909-1956, and to the Eastern and Central Divisions Bush Fire Fighting Fund established under the Bush Fires Act, 1949 ; to increase the amount that may be borrowed by the Board of Fire Commissioners of New South Wales; for these and other purposes to amend the said Acts; and for purposes connected therewith. [Assented to, 31st March, 1958.]

BE it enacted by the Queen's Most Excellent Majesty, by and with, the advice and consent of the Legis-	lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of the same, as follows :—
1 . (1) This Act may be cited as the " F i r e Brigades and Bush Fires (Amendment) Act, 1958". (2)

(2) The F i r e Br igades Act, 1909, as amended by subsequent Acts and by this Act, may be cited as the F i r e Br igades Act, 1909-1958.

(3) The Bush F i r e s Act, 1949, as amended by this Act, m a y be cited as the Bush F i r e s Act, 1949-1958.

(4) This Act shall commence upon the first day of J a n u a r y , one thousand nine hundred and fifty-nine:

Prov ided tha t for the purposes only of the appoin tment of pe rsons to be members of the Appea l Committee to be const i tuted under section 40A of the F i r e Br igades Act, 1909-1958, and of m a t t e r s necessary for or incidental to such appoin tment and of making any regulat ions neces­ s a ry or expedient for the purpose of br inging the amendments effected by this Act into opera t ion a t the commencement of this Act the provisions of such amend­ ments shall commence on the day upon which the assent of H e r Majesty to this Act is signified.

2 .    The F i r e Br igades Act, 1909-1956, is amended—

(a) (i) by omit t ing from the m a t t e r re la t ing to P a r t I V in section two the figures " 4 0 " and by inser t ing in lieu thereof the figures and

le t ter " 4 0 B " ;

(ii) by omit t ing from the m a t t e r re la t ing to

P a r t V in the same section the figures " 5 3 " and by inser t ing in lieu thereof the figures " 5 4 " ;

(b) by inserting next after section four the following- new section :—

4A . This Act shall be read and construed sub­ ject to the Commonwealth of Aus t ra l i a Constitu­ tion Act and so as not to exceed the legislative power of the S ta te to the intent t ha t where any provision of this Act, or the applicat ion thereof to any person or circumstance, is held invalid, the remainder of this Act and the applicat ion of such provision to other persons or circum­ stances shall not be affected.

(c)

(c) (i) by omit t ing from section five the definition

of " I n s u r a n c e c o m p a n y " and by inser t ing

in lieu thereof the following definition:—

" I n s u r a n c e c o m p a n y " means any

corpora te body, company, pa r tne r ­

ship, association, underwr i t e r	or
person—

(a)	issuing, or under t ak ing liability under , policies of insurance aga ins t loss of or damage to any p r o p e r t y s i tuate within New "South
W a l e s ; or
(b)	receiving p remiums in respect of such policies of insurance on behalf of or for t ransmiss ion to any corpora te body, company, pa r tne r sh ip , association, unde rwr i t e r or pe r son outside New South "Wales.

(ii)   by inserting in the same section after the

definition of " P e r m a n e n t fire b r i g a d e " the

following new definition :—

" P o l i c y of i n s u r a n c e " includes every

certificate or declarat ion as to the

existence of, and a n y agreement
for, any insurance or re insurance , and any ins t rumen t or wr i t ing whereby any contract of insurance or re insurance is made or agreed to be made or is evidenced.
(d)	by omitting from subsection three of section seventeen the words "f ive hundred thousand p o u n d s " and b y inser t ing in lieu thereof the
words " o n e million p o u n d s " ;

(e)

(e) by omitting subsection one of section thirty-six and by inser t ing in lieu thereof the following subsections:—•

(1) (a) E v e r y insurance company shall

annual ly p a y to the fund a sum equivalent to a percentage, to be fixed by the board, of the to ta l amount of the p remiums subject to contr ibut ion as here inaf ter provided received by or due to the company dur ing the year ended the th i r ty- first day of December then las t pa s t in respect of insurances aga ins t loss of or damage to any p r o p e r t y within the S ta te of New South "Wales under the classes of policies of insurance enumera ted in Column 1 of Schedule F o u r to

th is Act.

(b) The percentage to be fixed by the board p u r s u a n t to p a r a g r a p h (a ) of th is subsection shall be such percentage as will provide the total amount to be contr ibuted under section th i r ty-four of this Act by all insurance companies in respect of all fire dis t r ic ts in the yea r in respect of which such percentage is applicable.

(c) The amount of the p remiums under any class of policies of insurance enumera ted in Column 1 of Schedule F o u r to this Act which shall be subject to contr ibut ion unde r p a r a g r a p h (a) of th is subsection shall be as shown in Column 2 of Schedule F o u r to th is Act opposite

tha t class of policies of insurance.

(1A) W h e r e the Minister is satisfied tha t a t least two-thirds of the insurance companies liable to contr ibute to the fund as aforesaid desire tha t Schedule F o u r to this Act be var ied, extended or amended in a cer tain manner and the board recommends such var ia t ion, extension or amendment the Minis ter may by notice pub­ lished in the Gazette va ry , extend or amend Schedule F o u r to this Act accordingly.

A n y

A n y such var ia t ion, extension or amendment shall take effect from the first day of J a n u a r y next following publication of such notice.

(f) by omit t ing section th i r ty-nine and by inser t ing in lieu thereof the following sect ions:—

39. ( ] ) E v e r y insurance company shall, in the

month of F e b r u a r y in each year , or a t such other t ime as the board may notify, send to the board a r e t u r n in the prescr ibed form showing the to ta l amount of the p remiums received by or due to the company for the .year ended the thirty-first day of December then las t pas t in respect of insurances aga ins t loss of or damage to any proper ty wi thin the S ta te of New South Wales under the classes of policies of insurance enumera ted in Column 1 of "Schedule F o u r to th i s Act. Such r e t u r n shall be accompanied by a ^certificate in the prescr ibed form from an audi tor .

(2) If any such company fails to send to the board such r e tu rn or certificate within the t ime so prescr ibed or notified, such company shall be liable to a pena l ty not exceeding five pounds for every day du r ing which such default continues. If any such r e tu rn is false in any mate r ia l pa r t i cu la r , such company shall be liable

to a penal ty not exceeding one hundred pounds.

&9A. F o r the purposes of sections th i r ty-s ix

and thir ty-nine of this Act the expression " t o t a l

amount of the p r e m i u m s " includes any broker­ age or commission paid or duo to be pa id or allowed on—

(a) any such p r e m i u m ;

(b)	any bonuses or r e t u r n premiums allowed in respect of any policy of insurance the subject of any such
p r e m i u m ; or

(c)

(c) such part of the premiums received by or due to the company as is paid or due to be pa id by way of re insurance by the company to any other insurance com­ pany in New South Wales ,

but does not include—

(i)   stamp duty payable in respect of any policy of insurance the subject of any

such p r e m i u m ;

(ii) any such bonuses or r e t u r n p remiums

or such p a r t of the p remiums received by or due to the company as is pa id or due to be pa id by way of re insurance as aforesaid.

39B. (1) The Audi tor-General shall a t the request of the board examine and audit , or cause any officer of the Public Service appointed by him in tha t behalf, to examine and audi t the accounts of any insurance company liable to p a y contr ibut ions under this Act, and for the purposes of such audi t examine any books and documents re la t ing to such accounts. Any

examinat ion and audi t p u r s u a n t to th is section

shall be in respect of m a t t e r s re la t ing to or a r i s ing out of the provisions of this P a r t of this Act.

(2) The Audi tor -Genera l shall, as soon as pract icable af ter such examinat ion and

audit , make and sign and forward to the board
a repor t of the resul t thereof.

(.'!) If any person obst ructs the Audi tor- General, or any officer appointed by him, in the exercise of his powers or the performance of his duties under this section, or wi thout lawful excuse refuses, when requi red to do so by the Audi tor-General or such officer, to produce any book, account, document, wri t ing, paper , or ins t rument in his possession or under his

control,

control, or to answer any question asked by the Audi tor-General or such officer, for the purpose of the exercise of such powers or performance of -such duties , ho shall be liable to a penal ty not exceeding one hundred pounds.

(g)	by omitting from section forty the word "July" and by inser t ing in lieu thereof the word " F e b r u a r y " ;
(h) by inser t ing next after section forty	the

following new sections:—•

40A . (1) Where in a n y year ending the

thir ty-first day of December sixty-six and two-thi rds per centum or more of the total amount of all p remiums subject to contr ibut ion under section thi r ty-s ix of this Act and received by or due to an insurance company were received by or a re due to such company in respect of insurances aga ins t loss of or damage to any p rope r ty within New South Wales outside the Sydney and Newcastle F i r e Dis t r ic ts const i tuted by or in pursuance of this Act, such company m a y appeal aga ins t the amount of the contr ibution payable by it in respect of those p remiums under this Act in the manner

here inaf ter provided.

(2) E v e r y such appeal shall bo hea rd

and determined by an Appea l Committee

which shall consist of five persons appoin ted	(hereinaf ter re fer red to as the Committee)
by the Minister . Of such persons one shall be appointed as Cha i rman and the other four shall be appointed from persons nominated by the insurance companies.
Of the persons nominated by the insurance companies and appointed by the Minis ter one shall be a public accountant reg is te red under
the Public Accountants Pog i s t r a t ion Act, 1945,
as amended by subsequent Acts , and not being an employee of an insurance company, one shall

b o

be a solicitor or ba r r i s t e r not being an employee of an insurance company and two shall be insurance officers.

(3) (a) Subject to the provisions of this
Act the members of the Committee shall hold

office for a t e rm of five yea r s and shall be eligible

for re-appointment .

(b) If a member of the Committee is no t nominated within the t ime fixed by the Minis ter and notified in the Gazette the Minis ter m a y appoint a fit person who shall hold office as if he had been nominated in accordance with subsection two of this section.

(c) The Minis ter m a y suspend or remove any member of the Committee from his office.

(d) If any vacancy occurs in the office of a n y member of the Committee such vacancy shal l be filled by the Minis ter by the appoin tment thereto of a person hav ing the like qualification for such office as t ha t of the member whose office has become vacant , and the person so appointed shall hold office for the residue of his p redecessor ' s t e rm and shall be eligible for re-appointment .

(4) (a) Upon the hea r ing of any appeal

under this section, three members presen t shall
const i tute a quorum and if the Cha i rman be not

present a t any such hear ing the members p resen t shall choose one of their number as Cha i rman . The decision of the major i ty in number of the members of the Committee s i t t ing upon such appea l shall be the decision of the Committee. The Cha i rman shall have a cast ing as well as a deliberative vote.

(b) The Committee shall sit a t such

places and t imes as the Chai rman m a y direct.

(5)

(5) The decision of the Committee on any m a t t e r before i t shall be final and con­ clusive and without appeal , and no wr i t of prohibi t ion or cer t io ra r i shall lie in respect

thereof.

(6) Regula t ions may be made under this Act for and with respect t o—

(a) the proceedings of the Commit tee ;

(b)	the expenses payable to persons appear­ ing before the Committee as witnesses and the expenses and fees payable to members of the Commit tee ;
(c)	requi r ing persons to a t t end s i t t ings of the Committee to give evidence and pro­ duce documents the rea t and to supply
informat ion t he r e to ;
(d)	the times within which and the persons with whom appeals m a y be lodged;
(e)	all other m a t t e r s per t inen t to appeals

under this section.

( 7 ) "Where upon any appea l under th is

section the Committee is satisfied tha t the con­ t r ibut ion, the subject of appeal , is in excess of the prescr ibed amount , the Committee shall

reduce such contr ibut ion to such amount not
being in excess of the prescr ibed amount as the

Committee in the circumstances deems reason­
able.

The prescr ibed amount shall be the amount ascer ta ined in accordance wi th the following fo rmula :—

P I R l 5

A = C x X X

P 2 R 2 4

where—

A is the prescr ibed amount .

C

C is the .contribution to the fund pa id under this A c t by the appe l lan t company in the yea r one thousand nine hundred and fifty-eight.

P I is the amount of the p remiums received b y or due to the appel lant company in respect of insurances aga ins t loss of or damage to any p r o p e r t y wi thin fire dis t r ic ts and subject to contr ibution under section thir ty-s ix of this Act in the yea r in respect of which the appeal has been lodged.

P 2 is the amount of the premiums received by or due to the appel lant company in respect of insurances aga ins t loss of or damage to any p r o p e r t y within lire dis tr icts and subject to contribu­ t ion under section th i r ty-s ix of this Act in the yea r one thousand nine

hundred and fifty-eight.

R l is the total contr ibut ions pa id or due to be paid under this Act by all insur­ ance companies in the year in respect of which the appeal has been lodged.

R2 is the to ta l contr ibut ions pa id or due
to be pa id under this Act by all insur­

ance companies in the yea r one thou-

F o r tlie purposes of the applicat ion of the foregoing formula, fractions of pounds shall be
d is regarded. sand nine hundred a n d fifty-eight.

Any adjus tment in respect of the contr ibut ion paid or due to be paid by the appel lant company shall be effected by the board as soon as prac­ ticable after the decision of the Committee has been given.

(8)

(8) Wi th in th i r ty days af ter the deter­ minat ion of the las t of the appea ls lodged in respect of any year , the board shall, where such appea ls or any of them have been successful, increase the amount of the contr ibut ion (here­ inaf ter called the or iginal contr ibut ion) payable in the yea r in respect of which the appeals have been lodged by each insurance company, not being a successful appel lant company, by an amount which bears to the total amount of reduc­ t ions in contr ibut ions made by the Committee p u r s u a n t to such appeals , the same propor t ion as the original contr ibut ion of tha t insurance company bears to the to ta l amount of the or ig inal contr ibut ions of all insurance companies o ther than the successful appel lant companies. Wi th in t h i r t y days af ter being notified of any such increase, each insurance company so noti­ fied shall pay to the fund the amount of such increase. Any insurance company which fails to comply with the foregoing provis ions of th is subsection shall be liable to a pena l ty not exceed­ ing fifty pounds .

40B. A n y contr ibut ion or any increase thereof requi red to be pa id by an insurance company under the provis ions of th is Act shall be a debt due by tha t company to the board and shall be recoverable from tha t company by the board in any court of competent jur isdict ion.

( i) by inser t ing in section forty-eight af ter the

(j) by inserting next after section fifty-three the words "this Act," the words "the regulations"; following heading and new section:—

Regulations.

54. (1) The Governor may make regulat ions not inconsistent with this Act for and with respect to—

(a)	the form of r e t u r n to be made by insur­ ance companies unde r section th i r ty -
nine of this Ac t ; (b)

(b)	the form of auditor's certificate to be furnished "with r e tu rns made by insur­ ance companies under section th i r ty- nine of this Ac t ;
(c)	prescribing- all matters which by this Act a re requi red or permi t ted to be prescr ibed or which a r e necessary or convenient to be prescr ibed for car ry ing out or giving effect to this Act.
(2)	The regula t ions may impose a penal ty

not exceeding fifty pounds for any breach

thereof.

(3) The regulat ions shall—•

(a)	be published in the Gaze t te ;
(b)	take effect from the date of publication or from a la te r da te to be specified in
the regu la t ions ;
(e)	be laid before both Houses of Parlia­
ment within fourteen s i t t ing days af ter
publication if P a r l i a m e n t is in session

and, if not, then within fourteen s i t t ing

days af ter the commencement of the

next session.

If ei ther House of P a r l i a m e n t passes a

resolution of which notice has been given a t any t ime within fifteen s i t t ing d a y s af te r such regula t ions have been laid before such House disal lowing any regulat ion or p a r t thereof, such regula t ion or p a r t shall the reupon cease to have effect.

(k)

(k) by inserting next after Schedule Three the following new Schedule:—

S C H E D U L E F O U R .

COLUMN 2.

COLUMN 1. Amount of Premiums Subject

Classes of Policies of Insurance. to Contribution.

A n y insurance covering risks	E i g h t y	per	cent.
against	fire	(whether	ex­

pressly or otherwise and whether or no t extended to include other risks) and including Consequential Loss insurance, b u t no t including any insurance of a class hereinafter specified.

Traders or Indus t r ia l Combined E i g h t y per cent.

insurance	however	desig­
na ted .

Houseowner 's and Householder 's Fi f ty per cent.

(Building a n d / o r Contents) .

All risks on personal jewellery and clothing, personal effects	Ten per cent .
a n d works of	a r t .
Motor Vehicle (Comprehensive) including Motor Cycle.	Two and one-half per cent.
Combined Fi re and Hai l on Growing Crops.	One per cent.
Marine and Baggage	One per cent .

3.     The Bush F i r e s Act, 1949, is amended—

(a ) by omit t ing from section two the word

" S C H E D U L E " and by inser t ing in lieu

thereof the word " S C H E D U L E S " ;

(b)	by omitting from section four the words "the
S c h e d u l e " and by inser t ing in lieu thereof the
words "Schedu le O n e " ;
(c)	by inserting next after section five the following
new sect ion:—

5A . This Act shall be read and const rued subject to the Commonweal th of Aus t r a l i a Const i tut ion Act and so as not to exceed the

legislative

legislative power of the S ta t e to the in tent tha t where any provision of this Act, or the appl icat ion thereof to any person or circum­ stance, is held invalid, the remainder of this Act and the appl icat ion of such provision to other persons or circumstances shall not be affected.

(d) (i) by omit t ing from section six the definition
of " I n s u r a n c e c o m p a n y " and by inser t ing

in lieu thereof the following definition:—

" I n s u r a n c e c o m p a n y " means any

corpora te body, company, pa r tne r ­

ship, association, underwr i t e r	or
person—

(a) issuing, or under t ak ing

liability under , policies of insurance against loss of or damage to any

p r o p e r t y s i tuate within

New South Wales ; or

(b) receiving premiums in

respect of such policies of insurance on behalf of or for t ransmission to any corporate body, company, pa r tne r sh ip , association, underwr i t e r or person outside New South Wales.

(ii)   by inserting in the same section after the definition of " O w n e r " the following new definition:—

" P o l i c y of i n s u r a n c e " includes every

certificate or declarat ion as to the existence of, and any agreement for, any insurance or reinsuran e, and any ins t rument or wri t ing whereby any contract of insurance or re insurance is made or agreed to be made or is evidenced

(e)

(e)

by omit t ing section th i r ty-four and by inser t ing in lieu thereof the following sect ions:—

34. (1) The contr ibut ions of the respect ive insurance companies shall be de termined in accordance wi th the provis ions of this section. (2) E v e r y insurance company shall, in the month of F e b r u a r y in each year , or a t such other t ime as the Minis ter for Local Govern­ ment may notify, send to the Minis ter for Local Government a r e t u r n in the prescr ibed form showing the to ta l amount of the p remiums received by or due to the company for the y e a r ended the thirty-first day of December then las t p a s t in respect of insurances agains t loss of or damage to any p r o p e r t y wi thin the S ta t e of New South Wales under the classes of policies of insurance enumera ted in Column 1 of Schedule Two to this Act. Such r e tu rn shall be accompanied by a certificate in the prescr ibed

form from an audi tor .

(3) If any such company fails to send to the Minis ter for Local Government such r e t u r n or certificate within the t ime so prescr ibed or notified, such company shall be liable to a pena l ty not exceeding five pounds for every day dur ing which such default continues. If any such r e tu rn is false in any ma te r i a l par t i cu la r , such company shall be liable to a pena l ty not exceeding one hundred pounds .

(4) (a ) The amount to be contr ibuted in each financial y e a r by each such company shall be a sum equivalent to a percentage , to be fixed

by the Minis ter for Local Government , of the to ta l amount of the p remiums subject to contr ibut ion as here inaf ter provided received by or due to the company dur ing the yea r ended the thirty-first day of December then las t pas t in respect of insurances aga ins t loss of or damage to any p r o p e r t y within the S ta te of New South Wales under the classes of policies of insurance enumera ted in Column 1 of

Schedule Two to this Act. (b)

(b) The percentage to be fixed by the Minis ter for Local Government pu r suan t to p a r a g r a p h (a) of this subsection shall be such percentage as will provide the total amount to be contr ibuted under section thir ty- two of this Act by all insurance companies in the financial yea r in respect of which such percentage is applicable.

(c) The amount of the premiums under any class of policies of insurance enumera ted in Column 1 of Schedule Two to this Act which shall be subject to contr ibut ion under p a r a g r a p h (a) of this subsection shall be as shown in Column 2 of Schedule Two to this Act opposite tha t class of policies of insurance.

(5) Where the Minister for Local

Government is satisfied that a t least two-thirds of the insurance companies liable to contr ibute to the F u n d as aforesaid desire tha t Schedule Two to this Act be varied, extended or amended in a cer ta in manner the Minis ter for Local Government may by notice published in the Gazette vary , extend or amend Schedule Two to this Act accordingly.

Any such var ia t ion, extension or amendment shall take effect from the first day of J a n u a r y nex t following publication of such notice.

(6) F o r the purposes of this section the

expression " t o t a l amount of the p r e m i u m s "

includes any brokerage or commission paid or

due to be paid or allowed on—

(a) any such p r e m i u m ;

(b)	any bonuses or r e tu rn p remiums allowed in respect of any policy of insurance the subject of any such
p r e m i u m ; or
(c)	such part of the premiums received by or due to the company as is pa id or due to be pa id by way of re insurance by the company to any other insurance company in New South Wales ,

2 0 8 1 3 — 3 but

but does not include—

(i)   stamp duty payable in respect of any policy of insurance the subject of any

such p r e m i u m ;

(ii)    any such bonuses or r e t u r n p remiums or such p a r t of the p remiums received by or due to the company as is pa id or due to be pa id by w a y of re insurance as aforesaid.

34A. (1) The Audi tor -Genera l shall a t the request of the Minis ter for Local Government examine and audit , or cause any officer of the Publ ic Service appointed by h im in t ha t behalf, to examine and audi t the accounts of any insurance company liable to p a y contr ibut ions unde r this Act, and for the purposes of such audi t examine any books and documents re la t ing to such accounts.

A n y examinat ion and aud i t p u r s u a n t to this

section shall be in respect of m a t t e r s	re la t ing
to or a r i s ing out of the provis ions of this	P a r t
of this Act.

(2) The Audi tor -Genera l shall, as soon as pract icable af ter such examinat ion and audit , make and sign and fo rward to the Minis ter for Local Government a r epo r t of the resul t thereof.

(3) If any pe r son obst ructs the Audi tor -

General , or any officer appoin ted by him, in the

exercise of h is powers or the per formance of his dut ies unde r th is section, or wi thout lawful excuse refuses, when requi red to do so by the Audi tor -Genera l or such officer, to produce any book, account, document, wr i t ing , pape r , or in s t rumen t in his possession or under his control, or to answer any quest ion asked by the Audi tor - Genera l or such officer, for the pu rpose of the exercise of such powers or per formance of such duties , he shall be liable to a pena l ty not exceed­ ing one hund red pounds .

(f)

(f) by inserting next after section thirty-six the following new section:—

36A. (1) W h e r e in any year ending the th i r ty-

first day of December eighty pe r centum or more of the total amount of all p remiums subject to contr ibution unde r section th i r ty- four of this Act and received by or due to an insurance com­ p a n y were received by or due to such company in respect of insurances agains t loss of or damage to any p r o p e r t y within fire dis t r ic ts const i tuted by or in pursuance of the F i r e Br igades Act, 1909-1958, such company may appeal agains t the amoun t of the contr ibution payable by it in respect of those p remiums under this Act in the manner hereinaf ter provided.

(2) E v e r y such appeal shall be hea rd and

determined by the Appea l Committee (herein­ after re fer red to as the Committee) const i tuted under the provisions of section 40A of the F i r e Br igades Act, 1909-1958, and the provis ions of subsections four and five of tha t section and of a n y regula t ions made under t h a t section shall apply muta t i s mutandis to appeals under this section.

(3) Where upon any appeal under this section the Committee is satisfied tha t the con­ tr ibut ion, the subject of appeal , is in excess of the prescr ibed amount , the Committee shall

reduce such contr ibut ion to such amount not
being in excess of the prescr ibed amount as the

Committee in the circumstances deems reason­
able.

The prescr ibed amount shall be the amount ascer ta ined in accordance with the following formula :—

P I R l 5

A = C X P 2 X R 2 X 4

where—

A is the prescr ibed amount .

C

C is the contr ibut ion to the F u n d pa id under
this Act by the appel lant company in

the yea r one thousand nine hundred

and fifty-eight.

P1 is the amount of the premiums received by or due to the appel lant company in respect of insurances aga ins t loss of or damage to any p r o p e r t y within the

E a s t e r n and Centra l Divisions outside

fire dis t r ic ts const i tuted under the F i r e Br igades Act, 1909-1958, and subject to contr ibution unde r section thir ty-four of this Act in the year in respect of which the appeal has been lodged.

P 2 is the amount of the p remiums received by or due to the appel lant company in respect of insurances aga ins t loss of or damage to any p r o p e r t y within the

E a s t e r n and Cent ra l Divisions outside

fire dis t r ic ts const i tuted under the F i r e Br igades Act, 1909-1958, and subject to contr ibut ion under section thir ty-four of this Act in the yea r one thousand

nine hundred and fifty-eight.

Rl is the total contr ibut ions paid by or due
to be pa id under th is Act by all

insurance companies in the yea r in

respect of which the appea l has been

lodged.

E 2 is the total contr ibut ions pa id by or due to be pa id under th is Act by all insurance companies in the yea r one thousand nine hundred and fifty-eight.

F o r the purposes of the appl icat ion of the foregoing formula, fract ions of pounds shall be d is regarded.

A n y

A n y adjus tment in respect of the contr ibut ion pa id or due to be pa id by the appel lant company shall be effected by the Minis ter for Local Gov­ ernment as soon as pract icable af ter the decision of the Committee has been given.

(4) Wi th in th i r ty days af ter the deter­ minat ion of the last of the appeals lodged in respect of any year , the Minis ter for Local Gov­ ernment shall, where such appeals or any of them have been successful, increase the amount of the contr ibut ion (hereinaf ter called the original contr ibut ion) payable in the y e a r in respect of which the appeals have been lodged by each insurance company, not being a success­ ful appel lant company, by an amount which bears to the to ta l amount of reduct ions in con­ t r ibut ions made by the Committee p u r s u a n t to such appeals , the same propor t ion as the or iginal contr ibut ion of tha t insurance company bea r s to the to ta l amount of the or iginal contr ibut ions of all insurance companies other than the suc­ cessful appel lant companies. Wi th in th i r ty days af ter being notified of any such increase, each insurance company so notified shall p a y to the F u n d the amount of such increase. Any insurance company which fails to comply with the fore­ going provisions of this subsection shall be liable to a penal ty not exceeding fifty pounds.

A n y such increase shall be recoverable by the

Minis ter for Local Government in like manner

Act a r e recoverable. as contr ibut ions payable under this P a r t of this

(g)	by inserting at the end of subsection two of sec­
t ion fifty-seven the following new p a r a g r a p h s : —

(u) the form of return to be made by insur­ ance companies under section th i r ty- four of this Ac t ;

(v)   the form of auditor's certificate to be furnished with r e tu rns by insurance companies made under section th i r ty- four of this Ac t ;

(h)

(h) (i) by omit t ing the heading to the Schedule and

by inse r t ing in lieu thereof the following:—

S C H E D U L E S .

S C H E D U L E ONE.

(ii)  by inserting at the end of the Schedule the following new Schedule:—

S C H E D U L E T W O .

COLUMN 2.

COLUMN I. Amount of Premiums

Classes of Policies of Insurance. Subject to
Contribution.

Any insurance covering risks against fire (whether expressly or other­ wise and whether or no t extended t o include otheT risks) and	E igh ty per	cent .
including	Consequential	Loss-

insurance, b u t not including any insurance of a class hereinafter specified.

Traders or Indus t r ia l Combined E igh ty per cent .

insurance however designated.

Houseowner ' s and Householder ' s Fifty per cent.

(Building a n d / o r Contents) .

All r isks on personal jewellery and clothing, personal effects and	Ten per cent.
works of	a r t .
Motor Vehicle (Comprehensive) in­ cluding Motor Cycle.	Two and one-half

per cent.

Combined Fi re and Hai l on Growing One per cent.

Crops.

Marine and Baggage One per cent.

PUBLIC