Fire Service Act 1989 (Qld)

1984 FIRE SERVICE ACT No. 118 of 1989 ANALYSIS OF CONTENTS PART I-PRELIMINARY 1. Short title 2. Commencement 3. Repeals 4. Amendments of Acts 5. Savings and transitional 6. Interpretation 7. Extent to which Act binds the Crown 8. Administration of Act PART II - COMMISSIONER OF FIRE SERVICE 9. Appointment of Commissioner 10. Basis of employment of Commissioner 11. Acting as Commissioner 12. Responsibilities of Commissioner 13. Codes of practice 14. Delegation of Commissioner ' s responsibilities PART III-THE QUEENSLAND FIRE SERVICE COMMISSION Division 1-Constitution Functions and Powers 15. Constitution of Commission 16. Members of Commission 17. Term of office 18. Commission represents Crown 19. Functions of Commission 20. Delegation of Commission ' s responsibilities

Division 2-Financial Provisions 21. General fund 22. Other funds 23. Budget of Commission 24. Observance of budget 25. Treatment of surplus and deficit PART IV-PROVISIONS AFFECTING PERSONNEL Division 1-Appointments and Conditions 26. Personnel of Commission 27. Basis of employment 28. Conditions of employment on contract 29. Conditions of employment where no contract 30. Contract to prevail over award, etc. 31. Officer not to accept additional remuneration 32. Retirement 33. Retrenchment Division 2-Termination of Office Division 3-Discipline and Appeals 34. Discipline 35. Implementation order 36. Suspension 37. Mode of dismissal or suspension 38. Commissioner of Appeals 39. Fire Service Appeal Board 40. Appeals against disciplinary action or suspension 4+1. Appeals against promotional appointments 2. Matters concerning appeals 43. Determination of appeal 44. Reinstatement following dismissal Division 4-Superannuation 45. Superannuation scheme 46. Trustees of superannuation scheme 47. Term of office of trustees 48. Powers and functions of trustees 49. Employees of trustees may be contributors to scheme PART V-BOARDS Division 1-Urban Districts and Urban Boards 50. Constitution of urban districts 51. Constitution of boards 52. Members of boards 53. Meetings to be public 54. Functions of boards 55. Queensland Fire Services Association 1985

1986 Division 2-The Rural Fires Board 56. The Rural Fires Board continued in existence 57. Term of office 58. Functions of Board PART VI-MATTERS RELATING TO COMMISSION, BOARDS AND TRUSTEES OF SUPERANNUATION FUND 59. Interpretation 60. Re - appointment 61. Removal from office 62. Vacancy in office 63. Filling casual vacancy 64. Meetings and procedure 65. Quorum 66. Chairman for the day 67. Validation of proceedings 68. Disclosure of interest 69. Fees, allowances and expenses PART VII-POWERS OF AUTHORIZED FIRE OFFICERS 70. Powers of authorized fire officer 71. Person acting at direction of authorized fire officer 72. Disposal of property 73. Power of entry for preventative or investigative purposes 74. Extent of power of entry 75. Power to require answers, etc. 76. Use of answer given under compulsion 77. Directions concerning exercise of powers PART VIII-CONTROL AND PREVENTION OF FIP Division 1-Powers of Commission relating to Fires 78. Interpretation and application of Division 79. Offence to light unauthorized fire 80. Commission may authorize certain fires 81. Commission may prohibit lighting of fires 82. Granting of permits 83. Fires in State Forests, etc. 84. Occupier to extinguish fire 85. Powers of occupier of entry, etc. 86. Requisition by Commission to reduce fire risk 87. Restriction on sale of notified articles 88. Notifications , notices and permits 89. Offences re lighting fires 90. Liability of person for fire lit by agent or employee 91. Liability for damage caused by certain fires Division 2-Fire Wardens 92. Chief fire wardens and fire wardens 93. Powers and functions 94. Expenses 95. Appeals from decisions of fire wardens

Division 3-Bush Fire Brigades 96. Formation of bush fire brigade 97. Bush fire brigade may make rules 98. Officers of bush fire brigade 99. Functions of a bush fire brigade 100. Powers of first officer 101. Equipment for bush fire brigade 102. Commission responsible for efficiency of bush fire brigade 103. Powers of officers of other States to fight fires in Queensland PART IX-FIRE EMERGENCY 104. Declaration of state of fire emergency 105. Publication of declaration 106. Period of state of fire emergency 107. Effect of emergency on existing authorities to light fires 108. Power of Commission during fire emergency 109. Failure to comply with declaration 110. Certificate re declaration PART X-OFF-SITE PLANS FOR DANGEROUS GOODS 111. Interpretation of Part 112. Application of Part 113. Occupier to provide information concerning dangerous goods 114. Commission may require off-site emergency plan 115. Commission to assist with plans 116. Approval of plans 117. Amendment of plan 118. Duty of implement plan 119. Notice of changed circumstances 120. Commission to keep copies of plans 121. Punishment for certain offences against this Part PART XI-FUNDING 122. Interpretation of Part 123. Liability to contribute to Commission 124. Annual contributions of owners of prescribed properties 125. Annual returns by Local Authorities 126. Discount for pensioners 127. Duties of owner of prescribed property and Local Authority 128. Determinations and notifications of contributions 129. Appeal against Local Authority's determination 130. Manner of giving notification 131. Annual contribution, etc. deemed to be rates 132. Contributions to be paid into fund of Local Authority 133. Discount 134. Collection fee 135. Payments by Local Authorities to Commission 136. Failure by Local Authority to make payment 137. Payment of arrears 138. Commission may issue levy notice or amended levy notice 139. Recovery of arrears 140. Proof of amounts owing re contributions 141. Inspection of records of Local Authorities 142. Where services of commercial agent engaged 143. Application of Crown Proceedings Act 1987

1988 PART XII-GENERAL 144. Protection for acts done pursuant to Act 145. Inquiries into fires 146. Representation of Commission at inquiries 147. Construction of policies of fire insurance 148. Report of fire 149. Right of way to fire officers 150. Exemption from tolls 151. Duty of police to assist Commission 152. Use of brigade equipment on roads while unregistered 153. Interstate assistance at fire 154. Commission deemed to be owner of property 155. Surrender of equipment 156. Failure by ex-employee to deliver up premises 157. Protection of Commission name 158. Charges for Commission's services 159. Service of documents 160. When unauthorized grass fire a crime 161. Offences 162. Prosecutions 163. General penalty 164. Continuing offences 165. Offence by body corporate 166. Power of police to arrest without warrant 167. Evidentiary 168. Regulations SCHEDULE I SCHEDULE 2 SCHEDULE 3 1. Certain officers of public service to become officers of Commission 2. Employees of Fire Brigade Boards to become officers of Commission 3. Right of election of certain contract employees 4. Discipline and appeals 5. Superannuation 6. Trustees of superannuation scheme 7. Superannuation rights of officers previously officers of public service 8. Members of Fire Brigade Boards 9. Members of The Rural Fires Board 10. Chief fire wardens and fire wardens 11. Bush Fire Brigades

Q urenslan 1 1989 ANNO TRICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 118 of 1989 An Act to provide for a Commissioner of Fire Service, The Queensland Fire Service Commission and to provide for and in respect of the prevention of and response to fires and certain other incidents whereby any person or property or the environment is endangered and for related purposes [ASSENTED TO 31ST OCTOBER, 1989]

1990 Fire Service Act 1989, No. 118 BE 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:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Fire Service Act 1989. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Subject to subsection (1), this Act or the provisions specified by Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or those provisions. 3. Repeals. The Acts specified in the first column of Schedule 1 are repealed to the extent specified in the second column. 4. Amendments of Acts. The Acts specified in the first column of Schedule 2 are amended to the extent specified in the second column and, as amended, may be cited as specified in the third column. 5. Savings and transitional . (1) In this section, unless a contrary intention appears- "Board" means The Rural Fires Board constituted under the Rural Fires Act 1946-1984 or a Fire Brigade Board constituted under the Fire Brigades Act 1964-1988; "repealed Act" means the Fire Brigades Act 1964-1988 or the Rural Fires Act 1946-1984. (2) On and from the appointed day, any fund maintained under a repealed Act immediately before that day is deemed to be maintained by the Commission and, subject to any direction of the Minister, moneys in any such fund shall as soon as is practicable after the appointed day be transferred to a fund established by the Commission and may be used for any purpose for which moneys in that fund may be used. (3) All moneys and liquidated or unliquidated claims that immediately before the appointed day are payable to or recoverable by a Board, the Minister or the Crown pursuant to a repealed Act shall, on and from the appointed day, be payable to and recoverable by the Commission in the same way as those moneys or claims were recoverable under that repealed Act. (4) Any moneys in respect of contributions payable by owners of prescribed properties under the Fire Brigades Act 1964-1985 for any period preceding the commencement of the Fire Brigades Act AmendmentAct 1985 and paid after that commencement shall, on the appointed day, be paid into the general fund maintained by the Commission under this Act and may be used for any purpose for which moneys in that fund are authorized by this Act to be used.

Fire Service Act 1989, No . 118 1991 (5) All agreements and undertakings entered into with and all securities given to or by a Board pursuant to a repealed Act and in force immediately before the appointed day shall, on and from that day, be deemed to be agreements or undertakings entered into with or securities given to or by the Commission and may be enforced or realized accordingly. (6) All actions, suits and proceedings, taken under a repealed Act, that are pending immediately before the appointed day at the suit of a Board, the Minister or the Crown may, on and from that day, be continued, completed and enforced by the Commission. (7) All debts due and owing and moneys payable by and all claims liquidated or unliquidated recoverable against a Board and subsisting immediately before the appointed day shall, on and from that day, be deemed to be debts due and owing by and claims recoverable against the Commission. (8) On and from the appointed day a reference in any document or writing to a Board shall be read as a reference to the Commission. (9) All property, real and personal, (including any interest in property) that, immediately before the appointed day, vested in or belonged to a Board shall, on and from that day and by virtue of this subsection, be divested from or cease to belong to that Board and vest in or belong to the Commission. (10) Any personal property of a Board that, pursuant to subsection (9), becomes the property of the Commission on the appointed day and that was donated to the Board or purchased by the Board (wholly or in part) from donations received by the Board shall not be removed from the control of the Board unless the Board, or the Minister after consulting with the Board, approves its removal. (11) All personal property that, immediately before the appointed day was the property of the Crown in right of the State as mentioned in section 38 of the Rural Fires Act 1946-1984 shall, on that day, vest in the Commission. (12) The Registrar of Titles, the Registrar of Dealings and all other persons charged with keeping registers with respect to dealings with property shall, upon request made by or on behalf of the Commission, make in the registers all recordings necessary to record any change in the ownership of property that occurs by virtue of subsection (9) or (11). (13) A request made for the purposes of subsection (12) shall not be liable to stamp duty and no fees or charges shall be payable in respect of the making of the request or compliance with it. (14) On the appointed day each Fire Brigade Board constituted under the Fire Brigades Act 1964-1988 shall cease to exist. (15) The transitional provisions set out in Schedule 3 shall have effect for the purposes of the transition to the provisions of this Act

1992 Fire Service Act 1989, No. 118 from the provisions of the Fire Brigades Act 1964-1988 and the Rural Fires Act 1946-1984 in relation to the classes of persons dealt with in that Schedule. 6. Interpretation . In this Act, unless a contrary intention appears- "appointed day", used with reference to any provision of this Act, means the day on which the provision commences; "authorized fire officer" means a person authorized as such under section 70; "building" includes any wall, fence, bridge, dam, reservoir, wharf, jetty or other structure whether temporary or permanent; "chemical incident" means a fire or other incident involving dangerous goods (within the meaning of section 111) whereby any person or property or the environment may be endangered; "chief fire warden" means a chief fire warden appointed under section 92; "code of practice" means a code of practice issued under section 13; "Commission " means The Queensland Fire Service Commission constituted under section 15; "Commissioner" means the Commissioner of Fire Service appointed under section 9 and includes any person for the time being performing the duties of the Commissioner; "component Local Authority" means a Local Authority whose Area or part of whose Area comprises an urban district or part of an urban district; "fire officer " means an officer of the Commission who has the function of controlling and extinguishing fires ; the term includes an officer of the Commission training as a fire officer; "fire warden " means a fire warden appointed under section 92; "flammable material " means any material or substance capable of ignition or combustion by the application of heat or fire or by spontaneous causes; "land" means any land, whether improved or not; "Local Authority" means a Local Authority constituted under the Local Government Act 1936-1989 and includes Brisbane City Council; "Minister " means the Minister of the Crown for the time being charged with the administration of this Act and includes any other Minister of the Crown for the time being performing the duties of the Minister; "occupier ", used with reference to any premises, means the person in actual occupation or, if there is no such person, the owner;

Fire Service Act 1989, No. 118 1993 "officer of the Commission " means a person employed by the Commission; "owner", used with reference to any premises , means the person who for the time being is entitled to receive the rent of premises or would be so entitled if the premises were let; "premises" means any land or building; "urban district " means a part of the State constituted as an urban district under section 50; "vegetation " includes- (a) trees , plants , grass and any other vegetable growth , whether alive or dead, standing or not standing , or cultivated or not cultivated; (b) any timber whether sawn, hewn or otherwise worked; "vehicle" means a vehicle within the meaning of the Traffic Act1949-1988 but also includes a tram or train; "vessel " means a vessel within the meaning of the Traffic Act1949-1988. 7. Extent to which Act binds the Crown . This Act binds the Crown not only in right of Queensland but also, so far as the legislative power of Parliament extends, the Crown in all its other capacities. 8. Administration of Act. This Act shall be administered by the Commission, subject to any direction given by the Minister. PART II-COMMISSIONER OF FIRE SERVICE 9. Appointment of Commissioner . (1) The Governor in Council, by notification published in the Gazette, shall appoint a Commissioner of Fire Service. (2) A person is not eligible for appointment as Commissioner unless he has professional experience in controlling and extinguishing fires. 10. Basis of employment of Commissioner . (1) The conditions of employment of a person as Commissioner- (a) shall be as approved from time to time by the Governor in Council and accepted by the person; (b) shall be governed by a contract of employment made between the Crown and the person; and (c) shall not be subject to any industrial award or industrial agreement or any determination or rule of an industrial tribunal. (2) The term of appointment of a person as Commissioner shall not exceed 5 years. (3) A person who holds or has held office as Commissioner is eligible for re-appointment.

1994 Fire Service Act 1989, No. 118 11. Acting as Commissioner . (1) If at any time the Commissioner is unable to discharge his responsibilities because of his absence or incapacity or if at any time there is a vacancy in the office of Commissioner and the Minister thinks it expedient that someone assume those responsibilities, the Minister may, by writing under his hand, authorize an officer of the Commission to discharge those responsibilities. (2) Where authorization is given under subsection (1) to an officer- (a) it shall be given for a period not exceeding 6 months; (b) the Minister shall determine the remuneration payable to the officer for discharging the responsibilities, but in no case exceeding that payable for the time being to the Commissioner or, in the case of a vacancy in office, to the last holder of the office; and (c) the officer shall have and may discharge and exercise all the functions and powers of the Commissioner while his authorization continues subject to any limitation expressed in the instrument of authorization. 12. Responsibilities of Commissioner . The Commissioner shall be responsible for the exercise of the powers conferred upon him and for the discharge of the functions imposed upon him by or under this or any other Act. 13. Codes of practice . (1) The Commissioner may from time to time issue codes of practice relating to- (a) the functions, powers, conduct and appearance of officers of the Commission; or (b) any functions imposed or powers conferred by or under this Act on any other person other than the Minister and the Commission. (2) The Commissioner may at any time amend or revoke a code of practice. (3) A provision of a code of practice shall be of no effect if inconsistent with a provision of this Act. (4) Provisions of a code of practice may differ according to differences in time, place or circumstance or according to the officers or classes of officers to whom they are expressed to apply. (5) Evidence of any provision of a code of practice may be given by the production of a document purporting to be certified by the Commissioner as being a true copy of the provision. 14. Delegation of Commissioner's responsibilities . (1) The Commissioner may by instrument delegate to any person or to persons of any specified class all or any of his powers and functions, except this power of delegation.

Fire Service Act 1989, No. 118 1995 (2) Where the Commission delegates any of its power or functions to the Commissioner, he shall not delegate that power or function to any person without the approval of the Commission. (3) A delegation of a power or function- (a) may be made either generally or otherwise as provided by the instrument of delegation; (b) may be made absolutely or subject to conditions and limitations and shall not prejudice the making by the Commissioner of other delegations of that power or function. (4) A delegate may do and suffer such acts and things in accordance with the terms of the delegation as he thinks necessary or expedient for the proper exercise or discharge of the power or function delegated to him. (5) An act done or thing suffered by a delegate acting in accordance with the terms of the delegation has the same force and effect as if done or suffered by the Commissioner. (6) A delegation of a power or function shall not- (a) affect the exercise or discharge of the power or function by the Commissioner; or (b) relieve the Commissioner of his obligation to ensure that his responsibilities are properly discharged. PART 111-THE QUEENSLAND FIRE SERVICE COMMISSION Division 1-Constitution, Functions and Powers 15. Constitution of Commission . (1) There is hereby constituted a Commission under the name "The Queensland Fire Service Commission". (2) The Queensland Fire Service Commission, by that name- (a) shall be a body corporate with perpetual succession; (b) shall have a common seal; (c) shall be capable in law of suing and being sued and of acquiring, holding and disposing of land and other property and any interest in land and other property and of doing and suffering all other acts and things bodies corporate may in law do and suffer; (d) shall be capable of compounding or proving in any court of competent jurisdiction all debts and sums of money due to it. (3) The common seal of the Commission shall be in the custody of the Commissioner and shall be affixed to documents by the chairman or as the chairman directs.

1996 Fire Service Act 1989, No. 118 (4) All courts, judges, justices and persons acting judicially shall take judicial notice of the common seal of the Commission affixed to any document and, until the contrary is proved, shall presume that the seal was duly affixed. (5) For the purpose of taking any land granted in fee simple required by the Commission for the purpose of this Act, the Commission is a constructing authority under the Acquisition of Land Act 1967-1988. 16. Members of Commission . (1) The Commission shall consist of 5 members, being- (a) the Commissioner who shall be a member ex officio; (b) a representative of Fire Brigade Boards for urban districts in which any fire officers employed on a full-time basis are stationed; (c) a representative of Fire Brigade Boards for urban districts in which any fire officers employed on a part-time basis are stationed; (d) a representative of The Rural Fires Board; and (e) a representative of fire officers. (2) In this Division a member, other than the Commissioner, is referred to as an appointed member. (3) An appointed member shall be appointed on the recommendation of the Minister by the Governor in Council by notification published in the Gazette. (4) Before the Minister recommends for appointment as member- (a) a person to represent Fire Brigade Boards, he shall consult with any body or association existing to represent the interests of Boards; (b) a person to represent The Rural Fires Board, he shall consult with that Board; (c) a person to represent fire officers he shall consult with each union of employees existing to represent the interests of those officers. (5) The Governor in Council shall appoint one of the members as chairman and another of the members as deputy chairman, who shall act as chairman during any absence of the chairman. 17. Term of office. (1) The first appointment of appointed members shall be for a term not exceeding 2 years. (2) Subject to subsection (1), an appointed member shall be appointed for a term not exceeding 3 years. (3) The term of office of an appointed member commences on the date notification of his appointment appears in the Gazette unless otherwise specified in the notification.

Fire Service Act 1989, No. 118 1997 18. Commission represents Crown. For the purposes of this Act the Commission represents the Crown and has and may exercise all the rights, privileges and remedies of the Crown. 19. Functions of Commission . (1) The Commission shall have the powers and functions prescribed by or under this Act or any other Act. (2) Without limiting subsection (1), the Commission shall- (a) protect persons, property and the environment from fire and from chemical incidents; (b) protect persons trapped in any vehicle or building or otherwise endangered, to the extent that the personnel and equipment under its control can reasonably be deployed or used for that purpose; (c) provide an advisory service and undertake other measures to promote- (i) fire prevention and fire control; and (ii) safety and other procedures in the event of a fire or chemical incident; (d) co-operate with any other body that provides an emergency service; (e) discharge such other functions as the Minister may from time to time direct. 20. Delegation of Commission ' s responsibilities . (1) The Commission may by instrument delegate to any person or to persons of any specified class all or any of its powers and functions, except the power to employ persons as fire officers on a full-time basis and this power of delegation. (2) A delegation of a power or function- (a) may be made either generally or otherwise as provided by the instrument of delegation; (b) may be made absolutely or subject to conditions and limitations and shall not prejudice the making by the Commission of other delegations of that power or function. (3) A delegate may do and suffer such acts and things in accordance with the terms of the delegation as he thinks necessary or expedient for the proper exercise or discharge of the power or function delegated to him. (4) An act done or thing suffered by a delegate acting in accordance with the terms of the delegation has the same force and effect as if done or suffered by the Commission. (5) A delegation of a power or function shall not- (a) affect the exercise or discharge of the power or function by the Commission;

1998 Fire Service Act 1989, No..118 or (b) relieve the Commission of its obligation to ensure that its responsibilities are properly discharged. Division 2-Financial Provisions 21. General fund . (1) The Commission shall establish and keep a fund to be called the Queensland Fire Service General Fund. (2) There shall be paid into the general fund all amounts received pursuant to section 123 from Consolidated Revenue or from the owners of prescribed properties in respect of contributions and any amount received from any other source, authorized by the Minister to be paid into that fund. (3) There shall be paid from the general fund any amount for the purpose of the Commission properly discharging its functions. 22. Other funds . (1) The Commission may establish and keep such other funds as the Minister may authorize. (2) Moneys for the time being forming a fund authorized to be kept pursuant to subsection (1) shall be applied by the Commission for a purpose authorized by the Minister in respect of that fund. 23. Budget of Commission . (1) As soon as is practicable after the appointed day, the Commission shall adopt and present to the Minister a budget showing its estimates of its receipts and disbursements in respect of the balance of the financial year in which the budget is presented. (2) Subject to subsection (1), the Commission shall, before the commencement of each financial year, adopt and present to the Minister a budget showing its estimates of its receipts and disbursements in respect of that financial year. (3) A budget shall be of no effect until it is approved by the Minister. (4) The Minister may amend a budget submitted for his approval. 24. Observance of budget . (1) Subject to subsection (2), the Commission shall confine its disbursements throughout the period to which a budget relates within the items and amounts contained in the budget. (2) If during the period to which a budget relates, the Commission believes that an extraordinary circumstance has arisen requiring it to make a disbursement not provided for in the budget or exceeding the amount estimated in the budget in respect of that item, the Commission may by resolution approve that the disbursement be made and, subject to subsection (3), may make the disbursement. (3) If the making of a disbursement referred to in subsection (2) would result in the total amount for all items of expenditure included

Fire Service Act 1989, No. 118 1999 in the budget being exceeded, the Commission shall not make the disbursement unless authorized to do so by the Minister. (4) If the Commission in making a disbursement contravenes subsection (3), all members who approved that it be made shall be jointly and severally liable to repay to the Commission the amount by which the total amount for all items of expenditure included in the budget is exceeded as a result of the making of the disbursement. (5) An amount recoverable from members pursuant to subsection (4) may be recovered from them or any of them by action at the suit of the Minister in a court of competent jurisdiction. 25. Treatment of surplus and deficit . (1) If there is or is likely to be a surplus or deficit in the funds of the Commission at the end of the period to which a budget relates, the Commission shall take that surplus or deficit into account in preparing its next budget. (2) At the end of the period to which a budget relates all authorizations of expenditure for any item included in the budget lapse but may be re-authorized. PART IV-PROVISIONS AFFECTING PERSONNEL Division I-Appointments and Conditions 26. Personnel of Commission . (1) The Commission shall appoint and employ such persons as are necessary or convenient for giving effect to this Act. (2) An appointment may be made on the basis of full-time or part- time employment. 27. Basis of employment . A person appointed by the Commission to an office- (a) shall be appointed and employed on a contract basis, if the office is one declared by Order in Council, or is one of a class of office declared by Order in Council, as requiring appointments to that office or that class of office to be made on a contract basis; (b) shall, in any other case, be appointed and employed on salary or wages or upon a contract basis, as the Commission thinks fit. 28. Conditions of employment on contract . Where a person is appointed to an office in the Commission on a contract basis, the conditions of employment- (a) shall be as approved from time to time by the Commission and accepted by the person; (b) shall be governed by a contract of employment made between the Commission and the person;

2000 Fire Service Act 1989, No. 118 and (c) shall not be subject to any industrial award or industrial agreement or any determination or rule of an industrial tribunal. 29. Conditions of employment where no contract . Subject to any applicable industrial award or industrial agreement, persons employed by the Commission, otherwise than on a contract basis, shall be paid salary, wages and allowances at such rates and shall be employed under such conditions of employment as the Commission determines. 30. Contract to prevail over award , etc. If any provision of a contract made or deemed to have been made pursuant to this Part is inconsistent with a provision of an industrial award or industrial agreement that exists in relation to a calling to which the contract relates, the provision of the contract shall prevail as between the parties to the contract and the provision of the industrial award or industrial agreement shall, to the extent of the inconsistency, have no force or effect as between the parties. 31. Officer not to accept additional remuneration . An officer of the Commission shall not seek or accept on account of anything done in the course of his employment any fee or reward not authorized by the Commission. Division 2-Termination of Office 32. Retirement . (1) An officer of the Commission- (a) shall retire from his employment with the Commission upon attaining the age of 65 years; (b) may elect to retire from his employment with the Commission upon or at any time after attaining the age of 55 years. (2) If the Commission suspects on reasonable grounds that an officer of the Commission by reason of mental or physical infirmity has not the capacity or is unfit- (a) to discharge efficiently the duties of his office; and (b) to discharge efficiently any other duties that the Commission might reasonably direct the officer to discharge, the Commission shall obtain medical opinion on the officer's condition and to that end may appoint any medical practitioner or medical practitioners to examine the officer and report to the Commission upon the officer's mental or physical condition or both and may direct the officer to submit himself to such examination. (3) If the Commission believes on reasonable grounds that an officer of the Commission by reason of mental or physical infirmity has not the capacity or is unfit as prescribed by subsection (2), the Commission may call upon the officer to retire from his employment with the Commission within the time specified by the Commission.

Fire Service Act 1989, No. 118 2001 (4) If an officer of the Commission called upon pursuant to subsection (3) to retire does not retire within the time specified, the Commission may dismiss the officer from his employment with the Commission. 33. Retrenchment . Where the Commission is satisfied that- (a) the services of an officer of the Commission can no longer be gainfully utilized in the office held by the officer because the office has become redundant; (b) it is not practicable to retrain or redeploy the officer; and (c) the redundancy arrangements approved by the Governor in Council have been complied with in relation to the officer, the Commission may terminate the services of the officer by way of retrenchment in accordance with those redundancy arrangements. Division 3-Discipline and Appeals 34. Discipline . (1) An officer of the Commission is liable to disciplinary action upon any of the following grounds shown to the satisfaction of the Commission to exist, namely- (a) incompetence or inefficiency in the discharge of the duties of office or attaching to his employment; (b) negligence, carelessness or indolence in the discharge of the duties of office or attaching to his employment; (c) wilful failure to comply with a provision of a code of practice approved by the Commissioner for officers of the Commission; (d) absence from duty except- (i) upon leave duly granted; or (ii) with reasonable cause; (e) wilful failure to comply with a lawful direction issued to him by the Commission or by another person having authority over him; (f) misconduct. (2) In subsection (1) (f) "misconduct" means- (a) disgraceful or improper conduct that shows unfitness to be or continue as an officer of the Commission; or (b) behaviour that does not satisfy a standard of behaviour generally expected of officers of the Commission. (3) Where action against an officer is contemplated on a ground referred to in subsection (1) (d), the Commission may appoint any medical practitioner or medical practitioners to examine the officer and

2002 Fire Service Act 1989, No. 118 to report to the Commission upon the officer's mental or physical condition or both, and may direct the officer to submit himself to the examination. (4) When the Commission is satisfied that an officer should be disciplined pursuant to subsection (1), the Commission may order that he be disciplined in a manner that appears to it to be warranted. (5) Without limiting the range of disciplines that may be imposed pursuant to subsection (4), the disciplines may consist of- (a) dismissal; (b) reprimand; (c) forfeiture or deferment of a salary increment or increase; (d) reduction in the officer's level of salary; (e) a deduction from the officer's salary of an amount not exceeding 2 penalty units. (6) Every order made pursuant to subsection (5) shall take effect in law and shall be given effect. 35. Implementation order . An order made by the Commission pursuant to section 34 shall not be implemented- (a) where an appeal is instituted pursuant to this Act in respect of the disciplinary action to which the order relates-until after the determination of the appeal or the withdrawal of the appeal, whichever event sooner occurs; (b) where an appeal is not instituted-until the time in which an appeal may be instituted has expired. 36. Suspension . (1) Where- (a) it appears on reasonable grounds to the Commission or the Commissioner that an officer of the Commission is liable to disciplinary action under section 34 or is suspected of involvement in circumstances such that the proper and efficient discharge by the Commission of its functions might be prejudiced if the officer's services are continued; or (b) an officer of the Commission is charged in Queensland with having committed an indictable offence or is charged elsewhere with having committed an offence which if it had been committed in Queensland would be an indictable offence, the officer may be suspended from duty by the Commission or the Commissioner. (2) A suspension imposed pursuant to subsection (1) may be lifted at any time by the Commission and, where imposed by the Commissioner, may, subject to any direction of the Commission, be lifted at any time by him.

Fire Service Act 1989, No. 118 2003 (3) An officer suspended from duty shall not be entitled to receive salary for any period during which he does not perform the duties of his office, unless the Commission or, where he is suspended by the Commissioner, the Commissioner otherwise determines. (4) An officer suspended from duty who is not entitled to salary for the period of his suspension, if he resumes duty as an officer of the Commission upon the lifting of his suspension, shall be entitled to receive a sum equivalent to the amount of salary he would have received had he not been suspended diminished by the amount of salary or fees (if any) to which he became entitled from any other source during the period of his suspension, unless the Commission otherwise determines. 37. Mode of dismissal or suspension . (1) Dismissal or suspension shall be effected in accordance with this Act and the principles of natural justice. (2) Dismissal or suspension shall be effected by giving the officer concerned a notice purporting to be under the seal of the Commission or, in the case of suspension by the Commissioner, a notice purporting to be under his hand. 38. Commissioner of Appeals . (1) The Governor in Council shall by notification published in the Gazette appoint a person as Commissioner of Appeals. (2) A person appointed as Commissioner of Appeals shall hold office for such period (not exceeding 3 years) as is specified in the notification of his appointment. (3) A person appointed as Commissioner of Appeals- (a) may resign his office by giving a notice to the Minister; (b) may be removed from office at any time by the Governor in Council upon notice to that effect being given to the person by the Minister; (c) shall be entitled to such fees, allowances and expenses as are approved by the Governor in Council but in no case shall a person who is an officer of the public service or the Commission be entitled to fees and allowances for discharging the functions of Commissioner of Appeals during his ordinary hours of duty as an officer; (d) may hold that office in conjunction with any office held by him in the public service. 39. Fire Service Appeal Board . (1) There shall be constituted from time to time as the occasion requires a tribunal to be known as the Fire Service Appeal Board consisting of 3 members appointed by the Minister, of whom- (a) one shall be the Commissioner of Appeals who shall be a member ex officio and chairman; (b) one shall be a person nominated by the Commission; (c) one shall be a person appointed by the Minister on the

2004 Fire Service Act 1989, No. 118 nomination of the industrial union of employees of which the appellant is a member or, if the appellant is not a member of a union, by an industrial union of employees of which the appellant is, in the opinion of the Minister, entitled to be a member by virtue of his employment. (2) If- (a) an industrial union fails to make a nomination in accordance with subsection (1) (c) within the time specified in a written request made by the Minister; or (b) in the case of an appellant who is not a member of a union, he is not entitled in the opinion of the Minister to be a member of any industrial union by virtue of his employment, the Minister shall appoint a person as member without complying with subsection (1) (c). (3) A determination made by an Appeal Board shall be by majority vote. (4) A member of an Appeal Board, other than the chairman, shall be entitled to such fees, allowances and expenses as are approved by the Governor in Council but in no case shall a member who is an officer of the public service or the Commission be entitled to fees and allowances for discharging his functions as member during his ordinary hours of duty as an officer. 40. Appeals against disciplinary action or suspension . (1) An officer- (a) against whom disciplinary action has been taken; or (b) suspended from duty without salary for the period of suspension, may appeal against the decision in accordance with this section, and not otherwise. (2) If disciplinary action is taken against an officer by dismissing him or reducing his level of salary, any appeal against that action shall be to a Fire Service Appeal Board. (3) In any other case, an appeal shall be to the Commissioner of Appeals. (4) An appeal in respect of disciplinary action may relate to the decision that resulted in the taking of the action or to the nature of the action or to both. 41. Appeals against promotional appointments . (1) Subject to subsection (3), an officer may appeal against any appointment to an office that results in the appointee's promotion unless- (a) the appointment is made on a contract basis; (b) the appointment is made to an office involving part-time duties only;

Fire Service Act 1989, No. 118 2005 or (c) the appointment is declared, or is one of a class of appointment declared, by the Governor in Council as an appointment or class of appointment against which no appeal lies. (2) Any appeal against a promotional appointment shall be to the Commissioner of Appeals and shall be determined in accordance with the relative merits of the parties to the appeal. (3) An officer has no right of appeal against an appointment unless he satisfies such requirements as are prescribed by regulation in respect of appeals of the class of appeal in question. 42. Matters concerning appeals . (1) In the following provisions of this Division, "appeal tribunal" means- (a) in the case of an appeal referred to in section 40 (2), a Fire Service Appeal Board; (b) in the case of any other appeal, the Commissioner of Appeals. (2) Jurisdiction is hereby conferred on an appeal tribunal to hear and determine all matters relevant to an appeal. (3) The institution and conduct of an appeal shall be as prescribed by regulation and, to the extent to which those matters are not prescribed, as an appeal tribunal determines having regard to the principle that proceedings upon an appeal shall be informal and simple. (4) A party to an appeal- (a) to the Commissioner of Appeals is not permitted legal or other representation; (b) to a Fire Service Appeal Board is not permitted legal representation but may be otherwise represented. (5) A determination made by an appeal tribunal shall be made known at the hearing of the appeal. (6) No appeal lies from a finding or determination made by an appeal tribunal. (7) The Commission shall appoint an officer to act as secretary to an appeal tribunal. 43. Determination of appeal . An appeal tribunal may in respect of an appeal confirm or set aside the decision in issue and may make any determination and order that the Commission could have made under this Act in the first instance in respect of the matter in question. 44. Reinstatement following dismissal . Where a person dismissed from office is reinstated in an office within the Commission consequent upon a determination of a Fire Service Appeal Board, he shall not suffer loss of salary or other entitlements in respect of the period during which 65

2006 Fire Service Act 1989, No. 118 he was not an officer except, in the case of salary, to the extent that the Appeal Board directs to the contrary. Division 4-Superannuation 45. Superannuation scheme. (1) On the appointed day- (a) the superannuation scheme approved under section 12 of the Fire Brigades Act 1964-1988 (referred to in this Division as the "superannuation scheme") shall be continued in existence; (b) the Fire Brigade Boards (constituted under the Fire Brigades Act 1964-1988) and the Minister shall cease to have the responsibilities of subsidizing, contributing to and making payment to the funds held in connexion with the superannuation scheme; (c) the Commission shall assume the responsibilities described in paragraph (b); (d) a reference in the deed of trust, dated 13 April 1964, establishing the superannuation scheme, to a Fire Brigade Board shall be read as a reference to the Commission. (2) The trustees, with the approval of the Governor in Council, may amend the superannuation scheme but in no case shall an amendment be made that prejudices any right accrued or accruing under the scheme to any person unless he has consented in writing to the amendment. (3) Every person who is employed full-time by the Commission shall become a contributor to the superannuation scheme (if otherwise eligible under the terms of the scheme) and shall, while he remains so employed, continue to contribute to the scheme in accordance with its terms. 46. Trustees of superannuation scheme. (1) The Governor in Council shall from time to time appoint persons to be trustees of the superannuation scheme by notification published in the Gazette. (2) The appointment of a trustee shall be made on the recommendation of the Minister. (3) There shall be 7 trustees, being- (a) a person who is not an officer of the Commission who shall be chairman; (b) 3 persons nominated by the Commission; (c) subject to subsection (5), a person nominated by the United Firefighters Union Queensland Branch Union of Employees; (d) subject to subsection (6), 2 persons whose names appear on a panel containing the names of contributors submitted to

Fire Service Act 1989, No. 118 2007 the Minister by any union of employees of which officers of the Commission are members. (4) A person is not eligible for appointment as trustee under subsection (3) (c) or (d) unless he is a contributor to the superannuation scheme. (5) If a nomination is not made in accordance with subsection (3) (c) within the time specified in a written request made by the Minister, the Minister may recommend for appointment as trustee a person who, in the opinion of the Minister, will represent the interests of contributors to the superannuation scheme. (6) If no industrial union of employees submits a panel of names in accordance with subsection (3) (d) within the time specified in a written request made by the Minister, the Minister may recommend for appointment as trustees 2 persons who, in the opinion of the Minister, will represent the interests of contributors to the superannuation scheme. 47. Term of office of trustees . (1) A trustee shall be appointed for a term of 3 years but if, by the expiration of his term, his successor has not been duly appointed he shall, subject to this Act, hold office until his successor is duly appointed. (2) The term of office of a trustee shall commence on the date notification of his appointment appears in the Gazette unless otherwise specified in the notification. 48. Powers and functions of trustees . Subject to this Act, the trustees may exercise the powers conferred and shall discharge the functions imposed upon trustees by the superannuation scheme. 49. Employees of trustees may be contributors to scheme . For the purpose of securing to persons employed full-time by the trustees in respect of the administration of the superannuation scheme the benefits of the scheme, those employees are deemed to be officers of the Commission and the provisions of this Act relating to the scheme and the provisions of the deed of trust establishing the scheme shall be construed accordingly. PART V-BOARDS Division 1-Urban Districts and Urban Boards 50. Constitution of urban districts . (1) The Governor in Council may, by Order in Council- (a) constitute any portion of the State an urban district for the purposes of this Act; (b) assign a name to or alter the name of an urban district; (c) abolish an urban district; (d) alter the boundaries of an urban district; (e) amalgamate two or more urban districts; (f) divide an urban district into 2 or more urban districts.

2008 Fire Service Act 1989, No. 118 (2) In any proceeding the production of any map purporting to be certified by the Commissioner as showing the boundary of any urban district or alteration of the boundary of any urban district shall be evidence, and in the absence of evidence to the contrary conclusive evidence, of the matters shown or stated. (3) Each district constituted under the Fire Brigades Act 1964-1988 and in existence immediately before the appointed day shall, on that day, be deemed to be an urban district constituted under subsection (1). 51. Constitution of boards . (1) In respect of any urban district there may be constituted a board under the name "The (name of urban district) Fire Brigade Board". (2) Subject to this Act, a board shall be reconstituted within 60 days after the completion of each triennial election of members of the component Local Authority or component Local Authorities for the urban district of the board. (3) A board is taken to be constituted or reconstituted when the last of its members is appointed or elected. (4) The Governor in Council may at any time abolish a board. 52. Members of boards . (1) Subject to subsection (3), a board shall consist of 7 members of whom- (a) 4 shall be appointed by the Governor in Council, by notification published in the Gazette, and one of those 4 shall be a person recommended by the Minister pursuant to subsection (2); (b) 3 shall be representatives of the component Local Authority or component Local Authorities for the urban district of the board and each shall be a member of that Local Authority or, as the case may be, of one of those Local Authorities; (2) The Insurance Council of Australia may, within the time specified in a written request made by the Minister, submit to the Minister a list of names of persons it believes suitable to represent the insurance industry and where the Council submits a list of names of persons as requested, the Minister shall recommend one of those persons for appointment as member of the board. If the Council fails to submit a list as requested, the Minister shall recommend for appointment as member a person he believes suitable to represent the insurance industry. (3) Where there are more than 3 component Local Authorities for an urban district, the Governor in Council may determine that such additional members be appointed to represent those Local Authorities as he thinks fit. (4) Subject to subsection (5) the representatives of the component Local Authority or group of component Local Authorities for an urban

Fire Service Act 1989, No. 118 2009 district shall be appointed in a manner determined by that Local Authority or group but if, in the case of a group of component Local Authorities, there is disagreement as to the manner of appointment the representatives shall be elected in the manner prescribed by regulation. (5) If the component Local Authority or group of component Local Authorities for an urban district fails to appoint or elect a sufficient number of members within the time specified in a written request made by the Minister, the Governor in Council shall appoint a sufficient number of persons as representatives of the Local Authority or group of Local Authorities. (6) If there are 2 or more component Local Authorities for an urban district the Governor in Council may, to ensure that each Local Authority is fairly represented on the board, by Order in Council- (a) declare, in respect of any position to be filled by a person as the representative of those Local Authorities, the Local Authority from whose membership the position is to be filled; (b) assign any member of the board (being a person appointed or elected to represent any of those Local Authorities) to represent the Local Authority or Local Authorities specified in the Order in Council. (7) The Governor in Council shall appoint one of the members of a board as its chairman. (8) A board may elect one of its members as deputy chairman and that member shall act as chairman during any absence of the chairman. 53. Meetings to be public. Except where otherwise prescribed every meeting of a board shall be open to the public. 54. Functions of boards . A board shall- (a) provide advice to the Commission in respect of fire services within its urban district; (b) promote fire safety and fire prevention within its urban district; and (c) have such other functions as are delegated to it by the Commission. 55. Queensland Fire Service Association . (1) The Queensland Fire Services Association shall provide advice to the Minister and the Commission in respect of fire services. (2) If the Queensland Fire Services Association ceases to exist, the function imposed by subsection (1) shall be discharged by such other body as may from time to time be established to represent the interests of boards and as may be approved by the Minister for the purposes of this section.

2010 Fire Service Act 1989, No. 118 Division 2-The Rural Fires Board 56. The Rural Fires Board continued in existence . (1) The Rural Fires Board constituted under the Rural Fires Act 1946-1984 is hereby continued in existence under that name. (2) The Board shall consist of not fewer than 7 members appointed by the Governor in Council as representing the interests affected by rural fires. (3) The Governor in Council shall appoint one of the members as chairman. (4) The Governor in Council may appoint one of the members as deputy chairman and if a deputy chairman is appointed he shall act as chairman during any absence of the chairman. (5) Appointments shall be made by notification published in the Gazette and shall commence on the date of publication unless otherwise specified in the notification. 57. Term of office. A member of the Board shall be appointed for a term not exceeding 3 years. 58. Functions of Board . The Board shall- (a) provide advice to the Minister and the Commission in respect of fires in rural areas and the operation of bush fire brigades; (b) promote fire safety, fire prevention and the reduction of fire danger within rural areas; and (c) have such other functions as are delegated to it by the Commission. PART VI-MATTERS RELATING TO COMMISSION, BOARDS AND TRUSTEES OF SUPERANNUATION FUND 59. Interpretation . In this Part unless a contrary intention appears- "board" means the Commission, the body constituted by the trustees of the superannuation scheme, a Fire Brigade Board and The Rural Fires Board; "member", used with reference to the Commission, does not include the Commissioner of Fire Service. 60. Re-appointment . A member, if otherwise qualified, is eligible for re-appointment. 61. Removal from office . The Governor in Council may at any time remove a member from office and the removal shall take effect upon notice of the decision being given to the member by the Minister.

Fire Service Act 1989, No. 118 2011 62. Vacancy in office . (1) A casual vacancy shall be taken to arise in the membership of a board if a member- (a) dies; (b) resigns his office by giving a notice to the Minister; (c) is absent without prior leave granted by the board from 3 consecutive ordinary meetings of the board of which due notice has been given to him; (d) ceases to be qualified for appointment to the office he holds; (e) is removed from office. (2) Attendance of a member of a board at the time and place appointed for a meeting of the board is deemed to constitute presence at a meeting notwithstanding that, because a quorum is not present, the meeting scheduled is not held and the secretary to the board shall enter in the minutes the name of any member in attendance. 63. Filling casual vacancy. (1) Where a casual vacancy arises in the office of member, the Governor in Council, acting on the recommendation of the Minister, may, by notification published in the Gazette, appoint a person to fill the vacancy. (2) A person appointed to fill a casual vacancy shall, unless he sooner resigns or is removed from office, hold office for the balance of his predecessor's term of office and shall, if otherwise qualified, be eligible for re-appointment. 64. Meetings and procedure . A board shall meet at such times and conduct its meetings and business in such manner as may be prescribed and, to the extent to which those matters are not prescribed, at such times and in such manner as it determines. 65. Quorum . A quorum of a board, other than the body constituted by the trustees of the superannuation scheme, shall consist of the number of members prescribed by Order in Council in respect of that board. 66. Chairman for the day. In the absence of the chairman (and, where a deputy chairman has been appointed, if he is also absent) the members present at a meeting of a board shall elect one of their number as chairman for the day. 67. Validation of proceedings . Subject to there being the quorum prescribed for meetings, no proceedings of a board shall be invalidated by reason of any defect in the appointment of any person as member or by reason of any vacancy existing in the membership of the board. 68. Disclosure of interest . (1) If any member of a board present at a meeting of the board has any pecuniary interest, direct or indirect, in any matter to be considered at that meeting he shall, as soon as is practicable after the meeting commences, disclose the fact of his interest and shall not participate in consideration of or vote concerning the matter.

2012 Fire Service Act 1989, No. 118 (2) For the purpose of this section, a person is taken to have an indirect pecuniary interest in a matter if that person- (a) is, personally or through a nominee, a member of a company or other body that has a direct pecuniary interest in the matter; (b) is the partner of a person who has a direct pecuniary interest in the matter; (c) is employed by a person who has a direct pecuniary interest in the matter unless the employer is a statutory body established for a public purpose; (d) has a spouse, or lives in a de facto relationship with a person, who has a direct pecuniary interest in the matter or an indirect pecuniary interest of the kind described in paragraph (a), (b) or (c); or (e) is lineally related to a person, or has a brother or sister, who has a direct pecuniary interest in the matter or an indirect pecuniary interest of the kind described in paragraph (a), (b) or (c). (3) A person who, in respect of a matter before a board for consideration , fails to comply with subsection ( 1) commits an offence against this Act unless he proves that he did not know that he had a pecuniary interest in the matter. (4) Any disclosure by a member of a board of a pecuniary interest in a matter before the board shall be recorded by the secretary to the board. (5) A board may by resolution exclude from its meeting a member who has a pecuniary interest in a matter while the matter is being considered by the board. 69. Fees, allowances and expenses . (1) A member shall be entitled to such fees, allowances and expenses as are approved by the Governor in Council but in no case shall a member who is an officer of the public service, the Commission or the Police Force be entitled to fees and allowances for discharging his functions as member during his ordinary hours of duty as an officer. (2) The Minister may direct that no fees, allowances or expenses be paid without his authorization to members of a Fire Brigade Board for their attendance at a meeting where the number of meetings already held by the board in that financial year equals or exceeds the number specified in his direction.

Fire Service Act 1989, No. 118 2013 PART VII-POWERS OF AUTHORIZED FIRE OFFICERS 70. Powers of authorized fire officer . (1) In this Part "authorized fire officer" means a person authorized by the Commissioner for the purposes of this Part or belonging to a class of person so authorized. (2) An authorized fire officer may take any measure he believes to be necessary or expedient- (a) to prevent, or reduce the likelihood of, the occurrence of fires or chemical incidents; (b) to protect persons, property or the environment endangered by a fire or a chemical incident; (c) to protect persons trapped in any vehicle or building or otherwise endangered. (3) Without limiting the measures that may be taken for the purpose described in subsection (2) (a), an authorized fire officer may for that purpose- (a) enter any premises, vehicle or vessel other than- (i) a building that is a dwelling or such part of a building as is a dwelling; (ii) a vehicle or vessel used as a dwelling; or (iii) a tent or other structure used as a dwelling, unless he has obtained the occupier's approval to enter; (b) open any receptacle, using such force as is reasonably necessary; (c) bring any apparatus or equipment onto premises; (d) burn, remove or otherwise deal with any vegetation or other flammable material if he considers the vegetation or material to be a fire risk. (4) Without limiting the measures that may be taken for the purpose described in subsection (2) (b) or (c), an authorized fire officer may for either of those purposes- (a) enter any premises, vehicle or vessel; (b) open any receptacle, using such force as is reasonably necessary; (c) bring any apparatus or equipment onto premises; (d) destroy, damage, remove or otherwise deal with any vegetation or any other material or substance, flammable or not flammable; (e) destroy (wholly or in part) or damage any premises, vehicle or receptacle; (f) shore up any building; (g) close any road or access, whether public or private; (h) shut off the supply of water from any main, pipe or other 66

2014 Fire Service Act 1989, No. 118 source to obtain a greater pressure or supply or take water from any source whether natural or man-made; (i) cause to be shut off or disconnected the supply of gas, electricity or any other source of energy to any premises or area; (j) require any person who, in the opinion of the authorized fire officer, is- (i) the occupier of premises, being the site of or near to the site of the danger; or (ii) in charge of anything that is the source of the danger or likely (in the opinion of the officer) to increase the danger, to take any reasonable measure for the purpose of assisting the officer to deal with the danger or answer any question or provide any information for that purpose; (k) require any person not to enter or remain within a specified area around the site of the danger; (1) remove from any place a person who fails to comply with an order given pursuant to paragraph (k) and may, for that purpose, use such force as is reasonably necessary; (m) if unable to identify the person entitled to possession of property found at or near the site of the danger, take possession of the property and retain it for safe custody. (5) The owner of any building shored up pursuant to an exercise of the power conferred by subsection (4) (f) shall pay to the Commission upon demand all reasonable expenses thereby incurred by the Commission and those expenses may be recovered in a court of competent jurisdiction as a debt due to the Commission. (6) A Local Authority, other authority or a person supplying water or any source of energy shall not be liable for any interruption of supply caused by the exercise of the power conferred by subsection (4) (h) or (4) (i). 71. Person acting at direction of authorized fire officer . Any power conferred by section 70 upon an authorized fire officer may be exercised by any person acting at the direction of an authorized fire officer and any power so exercised is deemed to have been exercised by an authorized fire officer. 72. Disposal of property . (1) Any property retained for safe custody pursuant to section 70 (4) (m) shall, as soon as is practicable, be delivered into the possession of a person authorized by, or a person belonging to a class of person authorized by, the Commissioner for the purposes of this section. (2) The person to whom the property is delivered- (a) shall cause it to be returned to the person he believes is entitled to possession of it;

Fire Service Act 1989, No. 118 2015 or (b) if he is unable to form such a belief, shall dispose of or otherwise deal with the property as he thinks fit, subject to any direction given by the Commissioner. (3) Subject to subsection (4), any dealing with property pursuant to subsection (2) shall not affect the right of any person to recover the property by action from any person who has possession of it as a result of that dealing. (4) An action referred to in subsection (3) shall not be commenced if a period of 6 months or more has elapsed since the date on which the property was dealt with pursuant to subsection (2). 73. Power of entry for preventative or investigative purposes. (1) At any time an authorized fire officer and any person acting at his direction may enter any premises, vehicle or vessel or open (using such force as is reasonably necessary) any receptacle- (a) to investigate whether or not fire safety measures and fire prevention measures have been taken or are being maintained; (b) to ascertain the cause of a fire or chemical incident; or (c) to ascertain whether any provision of this Act or any notice, notification, order (written or verbal) or permit given under this Act has been or is being complied with. (2) The power of entry conferred by subsection (1) on an authorized fire officer shall not be exercised in respect of- (a) a building that is a dwelling or such part of a building as is a dwelling; (b) a vehicle or vessel used as a dwelling; or (c) a tent or other structure used as a dwelling, unless he has given reasonable notice to the occupier of his intention to enter. 74. Extent of power of entry. The right of entry conferred by section 70 or 73- (a) includes the right to enter all parts of the premises, vehicle or vessel in respect of which the right is exercised; (b) authorizes the person exercising the right to use a reasonable degree of force to ensure the proper exercise of the right. 75. Power to require answers, etc . An authorized fire officer may require a person- (a) to answer any question or provide any information for a purpose referred to in section 70 (4) (j); (b) to give his name and address if the authorized fire officer believes that the person may have committed an offence against this Act;

2016 Fire Service Act 1989, No. 118 or (c) to provide proof of any name or address given upon requisition made under paragraph (b) if the authorized fire officer believes that the name or address is false. 76. Use of answer given under compulsion . Where pursuant to this Act a person is required to answer a question or give information, it shall not be lawful excuse for him to fail to comply with the requisition on the ground that to do so may tend to incriminate him but any answer given or information provided after objection on that ground is not admissible against him in proceedings other than- (a) proceedings taken for giving an answer or providing information knowing it to be false or misleading; or (b) proceedings for the recovery of charges payable to the Commission pursuant to this Act. 77. Directions concerning exercise of powers . The exercise of a power conferred by or under this Part on an authorized fire officer or any other person shall be in accordance with any direction given by the Commission and with any relevant provision of a code of practice. PART VIII-CONTROL AND PREVENTION OF FIRES Division 1-Powers of Commission relating to Fires 78. Interpretation and application of Division . (1) For the purposes of this Division a person is taken to light a fire if he- (a) lights, maintains or uses the fire; (b) aids, procures or counsels another to light, maintain or use the fire; (c) being the owner or occupier of the land on which the fire is lit, permits another to light, maintain or use the fire. (2) This Division does not apply in respect of the lighting of a fire inside any building in circumstances that prevent the escape from the building of fire or any material or substance that is likely to cause fire. (3) In this Division, "occupier of land" includes, where there is no person in actual occupation of the land, the person charged by the owner or by law with the management of the land. 79. Offence to light unauthorized fire. A person who lights a fire that is not authorized by this Division or by any notification, notice or permit given under this Division commits an offence against this Act. 80. Commission may authorize certain fires . The Commission may, by notification published in the Gazette, authorize the lighting of fires for purposes and in circumstances specified in the notification. 81. Commission may prohibit lighting of fires. (1) Notwithstanding any notification made under section 80 authorizing the lighting of fires

Fire Service Act 1989, No. 118 2017 the Commission may, by giving a notice to the occupier of land, prohibit the lighting on the land of all fires or all fires other than those lit for a purpose or in circumstances specified in the notice. (2) A notice may be given under subsection (1) by the Commission of its own motion or upon the request of any owner or occupier of land adjoining the land with respect to which the prohibition is requested. (3) In this section and section 82, "occupier of adjoining land" means the occupier of land that- (a) touches some part of the land in question; or (b) would touch some part of that land but for the existence of a watercourse, road or firebreak, that is 10 metres or less in width or, although wider than 10 metres, is not clear of flammable vegetation for at least 10 metres in every direction. 82. Granting of permits . (1) A person may apply to the Commission (orally or in writing) for a permit to light a fire on any land. (2) The Commission may grant or refuse to grant an application as it thinks fit. (3) Subject to subsection (4), the Commission shall refuse to grant a permit to light a fire on any land unless it is satisfied- (a) that reasonable steps have been taken to notify every occupier of adjoining land of the making of the application; and (b) that a reasonable opportunity has been given to every occupier so notified to object (orally or in writing) to the granting of the permit. (4) The Commission may grant a permit without complying with subsection (3) if satisfied that extraordinary circumstances exist for so doing. 83. Fires in State Forests, etc . ( 1) The provisions of this Division do not apply to the lighting of a lire- a) in a National Park or Environmental Park by an officer or employee of the Director of National Parks and Wildlife acting in the performance of his duties under the ,Vationa,' Parks and W ildlife .4cr 1975-1989; (b) in a State Forest, Timber Reserve or Forest Entitlement Area by an officer or employee of the Conservator of Forests acting in the performance of his duties under the ForestryAct 1959-1987; (c) in a reserve or refuge within the meaning of the FaunaConservationAct 1974- 1989 by an officer acting in the performance of his duties under that Act.

2018 Fire Service Act 1989 , No. 118 (2) The Commission shall not authorize the lighting of fires- (a) in a National Park or Environmental Park without the approval of the Director of National Parks and Wildlife or a person authorized by him in that behalf; (b) in a State Forest, Timber Reserve or Forest Entitlement Area without the approval of the Conservator of Forests or a person authorized by him in that behalf; or (c) in a reserve or refuge within the meaning of the FaunaConservation Act 1974-1989 without the approval of the Director of National Parks and Wildlife or a person authorized by him in that behalf. 84. Occupier to extinguish fire. Where a fire is burning on any land and the lighting of the fire is not authorized by or under this or any other Act, the occupier of the land shall, immediately upon becoming aware of the fire and whether or not he lit the fire- (a) take all reasonable steps to extinguish or control the fire; and (b) as soon as is practicable report the existence and. location of the fire to a fire officer, an officer of a bush fire brigade, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959-1987), a field officer (within the meaning of the National Parks and Wildlife Act1975-1989) or a member of the Police Force. 85. Powers of occupier of entry, etc . (1) Subject to subsections (2) and (3), an occupier of land, who believes on reasonable grounds that a grass fire burning within 1.6 kilometres of that land constitutes a fire risk to that land may, together with persons acting at his direction- (a) enter the land on which the fire is burning and any other land in order to gain access to the land on which the fire is burning; (b) take on to that land equipment for extinguishing or controlling the fire; and (c) perform such acts as are in the circumstances necessary for extinguishing or controlling the fire. (2) An occupier of land shall not do or direct the doing of any act referred to in subsection (1) if he has received prior notice (oral or written) of the intention to light the fire from the person lighting it or from a prescribed person unless the occupier believes on reasonable grounds that the fire has been unlawfully lit. (3) If it is practicable to contact a prescribed person, an occupier of land- (a) shall not do or direct the doing of any act referred to in subsection (1) unless he has notified the prescribed person of the situation;

Fire Service Act 1989, No. 118 2019 and (b) shall comply with any direction given by the prescribed person in respect of the doing of any act. (4) In this section "prescribed person" means a fire officer, an officer of a bush fire brigade, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959-1987), a field officer (within the meaning of the National Parks and Wildlife Act 1975-1989) or a member of the Police Force. 86. Requisition by Commission to reduce fire risk . (1) The Commission may require any occupier of premises to take such measures as it may specify for the purpose of reducing the risk of a fire occurring on the premises or reducing potential danger to persons, property or the environment in the event of a fire occurring on the premises. (2) A requisition may be given- (a) in a particular case , by giving a notice to the occupier concerned; or (b) by notification published in the Gazette in which case each occupier of land to whom the notification applies shall comply with the requisition. (3) Without limiting the measures that may be required to be taken, an occupier may be t quired- (a) to make and maintain firebreaks in accordance with any directions contained in the notification or notice; (b) to remove, dispose of or otherwise deal with any flammable material in accordance with any directions contained in the notification or notice; (c) to obtain equipment and keep it available for use for fire fighting purposes; (d) to take measures to ensure an adequate supply of water or any other substance for fire fighting purposes; (e) to ensure that the means of escape from the premises in the event of fire can be safely and effectively used at all material times; (f) to suspend such operations as may be specified for the period specified. (4) Where an occupier of premises fails to comply with a notification or notice, published or given under this section, an authorized fire officer and any person acting at his direction may, enter the premises and take any of the measures directed by the notification or notice to be taken and any expenses incurred by the Commission in respect of the taking of those measures may be recovered by it in a court of competent jurisdiction from the occupier. (5) Where pursuant to an exercise of power conferred by subsection (4), any flammable material is to be removed from premises, the person

2020 Fire Service Act 1989, No. 118 exercising the power may take possession of and retain the material until it is disposed of pursuant to subsection (6) or until the person entitled to possession of it is determined. (6) Where the Commission is satisfied that anything seized pursuant to subsection (5) is the property of the occupier who failed to comply with the notification or notice the Commission may sell or otherwise dispose of the material as it thinks fit and the proceeds of the disposal may be applied by the Commission in payment of expenses incurred by it in consequence of the failure to comply. (7) Where the proceeds of the disposal of any flammable material- (a) are insufficient to cover the expenses of the Commission, the amount of the expenses that may be recovered by the Commission under subsection (5) shall be reduced by the amount of those proceeds; (b) exceed the expenses of the Commission, the Commission shall pay the balance to the person whose property it believes the material to have been. 87. Restriction on sale of notified articles. The Commission may, by notification published in the Gazette, prohibit or regulate the sale, use or possession of any article or substance that it believes may constitute a fire risk. 88. Notifications, notices and permits. (1) Any notification published in the Gazette pursuant to this Division- (a) may be expressed so as to have effect either generally throughout the State or in part of the State only; (b) may be expressed so as to apply differently in different circumstances; (c) may. where it authorizes or requires the doing of any act, specify conditions to be observed in respect of the doing of the act; (d) may be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event; (e) may be amended or revoked at any time by the Commission by notification published in the Gazette. (2) Any permit granted or notice given pursuant to this Division to a person- (a) may, where it authorizes or requires the doing of any act, specify conditions to be observed in respect of the doing of the act; (b) may be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event; (c) may be amended or revoked at any time by the Commission by giving of a notice to that effect to that person.

Fire Service Act 1989, No. 118 2021 89. Offences re lighting fires . (1) A person who- (a) fails to comply with any condition or direction contained in a notification, notice or permit given under this Division in respect of the lighting of any fire; (b) leaves unattended or fails to take reasonable measures to extinguish a fire in such circumstances as to cause or be likely to cause danger from fire to any person or property or to the environment; (c) not acting in accordance with a notification, notice or permit given under this Division, discards, propels or places any burning article or substance (or anything otherwise capable of causing fire)- (i) thereby causing a fire that endangers or is likely to endanger any person or property or the environment; or (ii) in such circumstances as to be likely to cause a fire that would be likely to endanger any person or property or the environment; (d) wilfully and unlawfully destroys, damages, removes, covers or otherwise interferes with a notice relating to the lighting of fires displayed by the Commission or by a bush fire brigade for the purposes of this Act; (e) knowingly provides any false or misleading information in respect of an application for a permit under section 82; (f) without the consent of the Commission, alters any particular shown in a permit granted under section 82, commits an offence against this Act. (2) In subsection (1), "property" does not include property of the person alleged to have committed the offence in question. 90. Liability of person for fire lit by agent or employee. (1) Notwithstanding sections 7 and 23 of The Criminal Code, where any person commits an offence against this Division in respect of the lighting of a fire as an agent or employee, the principal or employer of that person is deemed to have taken part in committing the offence and to be guilty of it and may be charged with actually committing it although the offence was committed without the authority of or contrary to the instructions of the principal or employer. (2) Subsection (1) applies without prejudicing any liability imposed under this Division upon the person by whom an offence is actually committed. 91. Liability for damage caused by certain fires . (1) A person who lights a fire- (a) authorized to be lit by notification given under section 80 or by a permit granted under section 82;

2022 Fire Service Act 1989, No. 118 or (b) in order to comply with a notification or notice given under section 86, and who, in lighting the fire, complies with any condition or direction contained in the notification, notice or permit and does not contravene any provision of this Act shall not incur any liability at common law for any loss, injury or damage caused by the fire unless it is shown that he acted recklessly or that he maliciously caused the loss, injury or damage. (2) Subsection (1) applies only in respect of a fire lit for the purpose of or likely to have the effect of burning off any trees, plants, grass or other vegetable growth, whether alive or dead, standing or not standing, or cultivated or not cultivated. Division 2-Fire Wardens 92. Chief fire wardens and fire wardens. (1) Such number of chief fire wardens and fire wardens may be appointed as the Commission thinks necessary or expedient for the effectual discharge of its functions in rural areas. (2) Subject to subsection (3), appointments shall be made in writing by the Commission. (3) Where the appointee is an officer of the public service or a member of the Police Force, the appointment shall be made by the Governor in Council by notification published in the Gazette- (a) specifying the name of the appointee; or (b) specifying that the appointment is made to the holder of a specified office in which case each person who, for any period, holds or performs the duties of that office shall, for that period, be a chief fire warden or, as the case may be, fire warden. (4) A person may hold an office under this section in conjunction with any office held by him with the Commission, the public service or the Police Force. (5) The Commission may, by giving a notice to an appointee, cancel his appointment whether he was appointed by the Commission or the Governor in Council. (6) The Governor in Council may, by notification published in the Gazette, amend or rescind any notification made under subsection (3) (b). 93. Powers and functions . A chief fire warden or a fire warden shall, subject to any direction given by the Commission, have the powers of an authorized fire officer and have such functions as are imposed by this Act or as he is directed by the Commission to discharge.

Fire Service Act 1989, No. 118 2041 any report in the possession of the Commission relating to the attendance at a fire or other incident of an officer of the Commission or any other person who is subject to the direction of the Commission. 149. Right of way to fire officers . (1) A driver of a vehicle (other than a train) shall, to the extent practicable, give clear and uninterrupted passage to any fire officer or other person acting under his direction who appears to be doing any act for the purpose of controlling or extinguishing a fire or dealing with any other emergency. (2) A person who fails to comply with subsection (1) commits an offence against this Act. 150. Exemption from tolls. A fire officer driving a fire engine or similar vehicle, and that vehicle, shall be exempt from payment of any toll in passing any toll-gate or in respect of the use of any road, bridge or vehicular ferry. 151. Duty of police , to assist Commission . (1) Upon receiving information of the occurrence of a fire or chemical incident requiring the attendance of officers of the Commission, the Commissioner of Police or the member of the Police Force in charge, at the time, of the police station nearest to the location of the fire or chemical incident shall immediately send members of the Police Force in sufficient number to preserve order and to assist at the fire or chemical incident. (2) It is the duty of every member of the Police Force present at a fire or chemical incident to assist any officer of the Commission in discharging his functions and exercising his powers under this Act. 152. Use of brigade equipment on roads while unregistered . (1) The provisions of the Main Roads Act 1920-1985 that prohibit the use on a road of an unregistered vehicle unless the use is authorized by a permit under that Act do not apply in respect of a vehicle used on a road where- (a) it is being used by a bush fire brigade to carry persons or equipment for the purpose of preventing, controlling or extinguishing a fire or for training purposes or is being used for any other purpose authorized in writing by the Commission; (b) it bears a clear identification as a vehicle of a bush fire brigade; and (c) there is in force a contract of insurance providing an indemnity, such as is prescribed by section 3 of the Motor Vehicles Insurance Act 1936-1988, in respect of injury caused by, through or in connexion with the vehicle. 153. Interstate assistance at fire. (1) In this section, "officer in charge", used with reference to a fire, means the person who pursuant to this Act or any direction of the Commission or any code of practice is in charge at that fire.

2042 Fire Service Act 1989, No. 118 (2) Every member of a fire brigade (or similar body having the function of extinguishing fire) from outside Queensland who is present at a fire in Queensland to assist at that fire shall place himself and any plant and equipment in his charge at the disposal of the officer in charge at the fire and is deemed to be under the control and direction of that officer. (3) If there is no officer in charge at a fire, the member of the brigade or similar body from outside Queensland who is in charge of other members of that brigade or body in attendance, shall have the control and direction of all persons assisting at the fire and shall have all the powers conferred by or pursuant to this Act on an authorized fire officer. 154. Commission deemed to be owner of property . For the purpose of any proceedings- (a) any premises occupied by the Commission or by any officer of the Commission in his capacity as such; (b) anything (whether animate or inanimate) appropriated to the use of the Commission or anything, not being the private property of any person, used by the Commission or an officer of the Commission, in his official capacity, is deemed to be the property of the Commission. 155. Surrender of equipment . (1) Upon a person ceasing to be an officer of the Commission, he shall surrender to the Commission- (a) any form of identification; and (b) anything issued to him in his capacity as officer, unless otherwise ordered by the Commission. (2) A justice, acting upon the complaint of the Commission or a person purporting to be authorized by it in that behalf, may issue his warrant authorizing any person named in it or belonging to a class of person specified in it to search for and seize anything not surrendered in accordance with subsection (1). (3) A person authorized to execute a warrant may, for that purpose, enter any premises in which he believes the thing sought to be and break open any vehicle or receptacle capable of containing the thing sought. 156. Failure by ex- employee to deliver up premises . (1) Where a person who has ceased to be employed by the Commission fails to vacate premises the property of the Commission or to the possession of which the Commission is entitled within 14 days after the Commission has by notice in writing required him to do so, a stipendiary magistrate, acting upon the complaint of the Commission or a person purporting to be authorized by it in that behalf, may issue his warrant authorizing all members of the Police Force to enter the premises and remove from the premises all persons (and their property) not authorized by the

Fire Service Act 1989, No. 118 2043 Commission to be in or on the premises and to deliver possession of the premises to the Commission. (2) Any member of the Police Force acting under a warrant issued under subsection ( 1) may do all things reasonably required to execute the warrant. 157. Protection of Commission name. (1) A person (corporate or unincorporate) shall not- (a) have the expression "Queensland Fire Service Commission", "Fire Service Commission" or an expression resembling either of those expressions as or as part of the name under which the person carries on any business; or (b) use an expression referred to in paragraph (a) in any advertisement, sign or document relating to a business, whether carried on by that person or another, unless authorized to do so by the Commission. (2) A person (corporate or unincorporate) who, on the appointed day, carries on business under a name that- (a) is registered pursuant to any Act; and (b) contravenes subsection ( 1) (a), shall not be proceeded against for an offence against subsection (1) in respect of using that name unless, after the expiration of a period of 12 months commencing on the appointed day, the person continues to use or again uses that name. (3) Where a person to whom subsection (2) applies requests any person charged with keeping any register of names (required to be kept pursuant to any Act) to cancel or alter the registration of a name for the purpose of complying with subsection (1) (a), no fees or charges shall be payable in respect of the making of the request or compliance with it. 158. Charges for Commission's services . (1) Subject to subsection (2), the following persons shall be liable to pay to the Commission charges determined by it for attending to any fire or chemical incident occurring in or on any property (real or personal) or endangering any property (real or personal):- (a) the owner of the property; (b) in the case of a sea-going ship, the owner and the master; (c) in the case of a fire the lighting of which is not authorized pursuant to this or any other Act, the person who lit the fire and where that person is the agent or employee of another person, that other person.

2044 Fire Service Act 1989, No. 118 (2) Where the Commission attends to a fire, charges shall not be payable under subsection (1)- (a) by the owner of prescribed property if the fire is in or on that property or is endangering that property; or (b) by the owner of property (other than prescribed property) if the fire is a grass fire burning in or on the property or endangering the property unless the owner is liable to pay those charges pursuant to subsection (1) (c). (3) A person shall be liable to pay charges pursuant to subsection (1) (c) as the principal or employer of another although the fire was lit without his knowledge or consent or contrary to his instructions. (4) Where the Commission renders any service other than a service referred to in subsection (1), the person for whose benefit the service is rendered shall be liable to pay to the Commission charges determined by it for providing the service. (5) The liability of a person to pay charges pursuant to subsection (1) (c) shall not affect the liability of that person to be proceeded against and dealt with in respect of the unlawful lighting of the fire concerning which those charges became payable. (6) In this section- "attending to a fire or chemical incident" means taking such measures as are necessary in the circumstances to control or extinguish the fire or to deal with any danger the chemical incident causes or may cause; "grass fire" means a fire that predominantly consumes vegetation. (7) In any proceedings to recover charges payable under this section, a certificate purporting to be signed by the Commissioner stating- (a) that an amount is owing to the Commission on that account; (b) that any person is or was the owner of the property concerned or, in the case of a sea-going ship, the master; or (c) that any person is the person for whose benefit a service was rendered, shall be evidence, and in the absence of evidence to the contrary conclusive evidence, of the matters stated. (8) Charges may from time to time be prescribed by Order in Council in respect of the provision of any service by the Commission and where a charge is so prescribed the Commission shall not be entitled to any amount in excess of the prescribed charge for the service. 159. Service of documents . (1) Where, by or under any Act, any notice or other document is required or authorized to be served on the Commission, the notice or other document is taken to be properly

Fire Service Act 1989, No. 118 2045 served if served on a person authorized by it in that behalf, either generally or in a particular case, or on the Commissioner. (2) Any notice or other document required or authorized by or under this Act to be served may be served in the same manner as a summons may be served under the Justices Act 1886-1989. 160. When unauthorized grass fire a crime . A person who wilfully and unlawfully lights or attempts to light a grass fire with intent to injure any person or property is guilty of a crime and is liable on conviction on indictment to imprisonment for 5 years or a penalty of 500 penalty units or both of those punishments. 161. Offences . (1) A person who- (a) abuses or threatens or wilfully obstructs or wilfully hinders a person in the exercise of his powers or the discharge of his functions under this Act; (b) fails to comply with any requisition made or any notification or notice given pursuant to this Act; (c) when required pursuant to this Act to answer any question or provide any information, fails to give an answer or provide information or gives an answer or provides information knowing it to be false or misleading; (d) wilfully and unlawfully destroys, damages, removes, covers or otherwise interferes with an alarm or other apparatus for the warning of fire or any apparatus for the prevention of fire or for use in the event of fire; (e) wilfully and unlawfully encloses any fire-plug thereby rendering difficult the locating or use of the fire-plug or wilfully and unlawfully obliterates or covers any mark or sign used for locating a fire-plug; (f) wilfully gives a false alarm of fire; (g) impersonates a fire officer for the purpose of himself or another obtaining access to premises or any benefit, commits an offence against this Act. (2) A person who fails to comply with any provision of this Act commits an offence against this Act. 162. Prosecutions . (1) A prosecution for an offence against this Act shall be by way of summary proceedings under the Justices Act 1886- 1989 on complaint of a person authorized by the Commission in that behalf, either generally or in the particular case. (2) The authority of a person to make a complaint referred to in subsection (1) shall be presumed until the contrary is proved. (3) Proceedings for an offence against this Act may be instituted within 12 months after the commission of the offence or within 6 months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period.

2046 Fire Service Act 1989, No. 118 163. General penalty. Subject to any other provision of this Act, a person who is convicted of an offence against this Act is liable- (a) if a body corporate, to a penalty of 200 penalty units; (b) if a natural person, to a penalty of 50 penalty units or 6 months imprisonment or both of those punishments. 164. Continuing offences. (1) Where a person is convicted of an offence against this Act (whether an offence to which section 163 applies or an offence for which a specific penalty is provided) of such a nature that the act or omission by which it is constituted continues from day to day, he is liable, in addition to any other punishment to which he is liable under this Act, to a penalty of 5 penalty units for each day the act or omission continues, from (but excluding) the day it first occurs to (and including) the day on which he is convicted of the offence. (2) A person who, having been convicted of an offence of the kind described in subsection (1), continues to do the act or make the omission by which that offence was constituted may from time to time be prosecuted for the same offence and is liable to a penalty of 10 penalty units for each day the act or omission continues, from (but excluding) the day on which he was last convicted of the offence to (and including) the day on which he is again convicted of the offence pursuant to this subsection. 165. Offence by body corporate . (1) Where an offence against this Act is committed by a body corporate, every person who is an executive officer of the body corporate is deemed to have committed the offence and may be prosecuted and punished for the offence unless he proves that the offence was committed without his knowledge and that he used a reasonable degree of diligence to prevent the commission of the offence. (2) In subsection (1) "executive officer of the body corporate" means any person, by whatever name called and whether or not he is a director of the body corporate, who is concerned or takes part in the management of the body corporate. (3) The provisions of subsection (1) do not affect the liability of a body corporate to be prosecuted and punished for any offence. 166. Power of police to arrest without warrant. Where a member of the Police Force believes on reasonable grounds that a person- (a) has failed to comply with a requisition made pursuant to paragraph (b) or (c) of section 75 in respect of his name or address; (b) has failed to comply with a requisition made pursuant to paragraph (j) or (k) of section 70 (4); (c) has committed an offence defined in section 109 or 161 (1) (a), he may arrest the person without warrant and take him before a justice to be dealt with according to law.

Fire Service Act 1989, No. 118 2047 167. Evidentiary . (1) In any proceeding, whether under this Act or not- (a) it shall not be necessary to prove the appointment of the Commissioner or a member of the Commission, or of any officer of the Commission or of any chief fire warden, fire warden, forest officer or field officer but this shall not prejudice the right of any person to prove an appointment has not been properly made; (b) it shall not be necessary to prove the authority of the Commission or a person referred to in paragraph (a) to do any act or take any proceeding but this shall not prejudice the right of any person to prove the absence of authority; (c) a signature purporting to be that of a person referred to in paragraph (a) shall be taken to be the signature it purports to be unless the contrary is proved; (d) a person who purports to do or to have done anything for the purposes of this Act pursuant to the authority of an instrument of delegation made under this Act shall, if the person purported to have made the delegation could have done that thing pursuant to this Act, be presumed to act or to have acted in accordance with a valid instrument of delegation unless the contrary is proved; (e) a notice, permit or other document purporting to have been made under this Act shall be presumed to have been validly made unless the contrary is proved; (1) a certificate purporting to be signed by the Commissioner and purporting to set out any decision or determination of the Commission shall be evidence, and in the absence of evidence to the contrary conclusive evidence, of the matters stated; (g) a certificate purporting to be signed by the Commissioner stating- (i) that the Commission is or was at any specified time or during any specified period the owner of property specified in the certificate; (ii) that no consent has been given to the act or breach of duty specified in the certificate alleged to have been committed in respect of property so specified, shall be evidence, and in the absence of evidence to the contrary conclusive evidence, of the matters stated. (2) In any proceeding under this Act taken by the Commission or by a person purporting to be authorized by the Commission in that behalf, the authority of the Commission or person to take the proceeding shall be presumed unless the contrary is proved. 168. Regulations . (1) The Governor in Council may make regulations, not inconsistent with this Act, prescribing any matter that this Act requires or permits to be prescribed (other than any matter required or

2048 Fire Service Act 1989, No. 118 permitted to be prescribed otherwise than by regulation) or any matter that it is necessary or convenient to prescribe to give effect to this Act. (2) Without limiting the generality of subsection (1), regulations may be made prescribing for or with respect to- (a) the forms to be used for the purposes of this Act and particulars to be furnished in those forms; (b) the records required for the purposes of this Act; (c) all matters relating to the entitlements, authorities, responsibilities and liabilities of officers of the Commission; (d) the institution and conduct of appeals under Division 3 of Part IV; (e) offences against the regulations and the amount of any penalty for an offence, not exceeding 30 penalty units in any case. (3) Regulations may be of general or limited application and may differ according to differences in time, place or circumstance or according to the person or classes of persons to whom they are expressed to apply.

Fire Service Act 1989, No. 118 2049 SCHEDULE I [s. 3] Act Extent of repeal The Fire Brigades Act of 1964 ........... . The Fire Brigades Act Amendment Act of 1965 The Fire Brigades Acts Amendment Act of 1966 .............................. Fire Brigades Acts Amendment Act 1971 ... . Fire Brigades Act Amendment Act 1973 ... . Fire Brigades Act Amendment Act 1973 (No. 2) Fire Brigades Act and Another Act AmendmentAct 1976 Fire Brigades Act Amendment Act 1977 Fire Brigades Act and Another Act AmendmentAct 1979 Fire Brigades and Fire Safety Acts AmendmentAct 1982 Fire Brigades Act Amendment Act 1983 Fire Brigades Act and Other Acts AmendmentAct 1984 Fire Brigades Act and Another Act AmendmentAct 1984 Fire Brigades Act and Fire Safety Act AmendmentAct 1985 Fire Brigades Act Amendment Act 1985 The Rural Fires Act of 1946 ............. . The Rural Fires Act Amendment Act of 1951 The Rural Fires Acts Amendment Act of 1955 The Rural Fires Acts Amendment Act of 1964 Rural Fires Act Amendment Act 1968 ..... . Rural Fires Act Amendment Act 1970 ..... . Rural Fires Act Amendment Act 1973 ..... . Rural Fires Act Amendment Act1975 ..... . Rural Fires Act Amendment Act 1977 ..... . Rural Fires Act Amendment Act 1982 .. . Fire Brigades Act and Other Acts AmendmentAct 1984 the whole Act the whole Act the whole Act the whole Act the whole Act the whole Act Part II of the Act the whole Act Part II of the Act Part II of the Act the whole Act Part II of the Act Part II of the Act Part II of the Act the whole Act the whole Act the whole Act the whole Act the whole Act the whole Act the whole Act the whole Act the whole Act the whole Act the whole Act Part III of the Act

2050 Fire Service Act 1989, No. 118 Act amended SCHEDULE 2 Amendment [s. 4] New citation Industrial Conciliation and Arbitration Act 1961-1989 s. 94A omit subparagraph (ii) and substitute the following sub- paragraph:- "(ii)officers of The Queensland Fire Service Commission;" Industrial Conciliation and Arbitration Act 1961-1989 Forestry Act 1959- 1987 s. 58(1) omit from paragraph (a) the words " "The Rural Fires Acts, 1946 to 1958," " and substitute the words "Part VIII of the Fire Service Act 1989" s. 62 omit the words "from the Fire Warden under "The Rural Fires Acts, 1946 to 1958," and substituting the words "under Part VIII of the Fire Service Act 1989" s. 63 (1) omit from paragraph (b) the words " "The Rural Fires Acts, 1946 to 1958" " and substitute the words "Part VIII of the Fire Service Act 1989" s. 64 (1) omit from the first paragraph the words " "The Rural Fires Acts, 1946 to 1958," " and substitute the words "Part VIII of the Fire Service Act 1989" s. 65 (1) omit the expression "1.6" and substitute the expression "3"

Fire Service Act 1989, No. 118 2051 Act amended SCHEDULE 2-continued Amendment [s. 4] New citation Foresty Act 1959- 1987- continued s. 65 (2) omit all words from and including " a permit for the lighting " to and including "provisions of those Acts" and substitute the words "its lighting was not authorized under Part VIII of the Fire ServiceAct 1989" s. 65 (3 ) omit all words from and including " a permit for the lighting " to and including "provision of those Acts" and substitute the words " its lighting was not authorized under Part VIII of the Fire Service Act 1989" s. 65 (4 ) omit the words ""The Rural Fires Acts, 1946 to 1958," " and substitute the words "the Fire Service Act 1989" omit the final word "Acts" and substitute the word "Act" s. 68 omit the expression "1.6" and substitute the expression "3" omit the words ""The Rural Fires Acts, 1946 to 1958." " and substitute the words "Part VIII of the Fire Service Act 1989. " s. 69 (1) omit the words ""The Rural Fires Acts, 1946 to 1958," " and substitute the words "Part VIII of the Fire Service Act 1989" s. 69 (3) omit the words "the Rural Fires Act 1946-1973" and substitute the words "Part VIII of the Fire Service Act 1989" s. 102 omit provision ( ii) and substitute the following provision:- "(ii) the Fire Service Act Forestry Act 1959- 1989;" 1989

2052 Fire Service Act 1989, No. 118 SCHEDULE 2-continued Act amended Amendment National Parks and Wildlife Act 1975- 1989 s. 41 omit the words "from the Fire Warden under the Rural Fires Act 1946-1977" and substitute the words "under Part VIII of the Fire Service Act 1989" s. 42 (1) omit from paragraph (b) the words "the Rural Fires Act 1946- 1977" and substitute the words "Part VIII of the Fire Service Act 1989" s. 44 (1) omit the expression "1.6" and substitute the expression "3" s. 44 (2) omit all words from and including "a permit for the lighting" to and including "provisions of that Act" and substitute the words "its lighting was not authorized under Part VIII of the Fire Service Act 1989" s. 44 (3) omit all words from and including "a permit for the lighting" to and including "provisions of that Act" and substitute the words "its lighting was not authorized under Part VIII of the Fire Service Act 1989" s. 44 (4) omit the words "Rural Fires Act 1946-1977" and substitute the words "Fire Service Act 1989" s. 47 s. 48 omit the expression " 1.6" and substitute the expression "3" omit the words "the Rural Fires Act 1946-1977" and substitute the words "Part VIII of the Fire Service Act 1989" [s. 4] New citation

Fire Service Act 1989, No. 118 2053 SCHEDULE 2-continued [s. 4] Act amended Amendment New citation National Parks andWildlife Act 1975- 1989-continued s. 76 omit paragraph substitute the paragraph:- (b) and following "(b) the Fire Service Act 1989; " National Parks andWildlife Act 1975- 1989 FireSafetyAct1974-1985 s. 5 omit the definition "Board" and substitute the following definition:- "Commission" means The Queensland Fire Service Commission constituted under the Fire Service Act 1989; " in the definition "fire authority", omit the word Minister and substitute the word "Commission" in the definition "fire safety officer", omit the words "and section 24 of the Fire Brigades Act 1964-1985" s. 38 omit the word "Minister" wherever it occurs and substitute the word "Commission" in each case s. 39 repeal the section and substitute the following section:- "39. Appointment of persons to enforce Act. The power conferred by the Fire Service Act 1989 on the Commission to appoint officers of the Commission includes power to appoint such fire safety officers and other officers as it considers

2054 Fire Service Act 1989, No. 118 SCHEDULE 2-continued [s. 4] Act amended Amendment New citation Fire Safety 1974-1985- continued Act necessary or expedient to give effect to this Act." Fire Safety 1974-1989 Act SCHEDULE 3 [s. 5 (15)] TRANSITIONAL PROVISIONS 1. Certain officers of public service to become officers of Commission. (1) On the appointed day a person who, immediately before that day, was an officer of the public service- (a) appointed, employed or continued in office pursuant to section 24 of the Fire Brigades Act 1964-1988; or (b) appointed or employed pursuant to section 9 of the Rural Fires Act 1946-1984, shall cease to be an officer of the public service and shall become an officer of the Commission. (2) On the appointed day a person who, immediately before that day, was an officer employed by the Minister pursuant to section 24 of the Fire Brigades Act 1964-1988 and was not an officer of the public service shall cease to be employed by the Minister and shall become an officer of the Commission. (3) A person who, pursuant to subclause (1) or (2) becomes an officer of the Commission shall be paid salary at a rate not less than that appropriate to the salary classification applicable to him immediately before the appointed day and shall, to the extent practicable, be employed subject to the same conditions of employment as were applicable to him immediately before that day until any alteration of the salary or the conditions by the Commission or by an applicable industrial award or industrial agreement. (4) A person who, pursuant to subclause (1) or (2), becomes an officer of the Commission shall, for as long as he continues in the full- time employment of the Commission, retain all leave entitlements accrued or accruing to him immediately before the appointed day and- (a) may claim against the Commission in respect of those entitlements; and (b) for the purpose of the accrual of long service leave, his service with the Commission and as an officer of the public service or, as the case may be, as an officer employed by

Fire Service Act 1989, No. 118 2055 the Minister, is deemed to be continuous service as an officer of the Commission. A person who, pursuant to subclause (1), becomes an officer of th. nmission and who continues in the full-time employment of the C arission shall, for a period of 5 years commencing on the appointed day, be deemed to continue to be an officer of the public service for the purposes of- (a) his being appointed to a position in the public service; and (b) any provision of the Public ServiceManagement andEmployment Act 1988 relating to a right of appeal against prom c a:? on, and be deemed to be employed in the Department of Emergency Services and Administrative Services or, if that department ceases to exist, in such other department as the Governor in Council may declare by notification published in the Gazette. 2. Employees of Fire Brigade Boards to become officers of Commission . (1) On the appointed day a person who, immediately before that day, was employed full-time by a Fire Brigade Board shall cease to be an employee of that Board and shall become an officer of the Commission. (2) A person who, pursuant to subclause (1), becomes an officer of the Commission shall be paid salary at a rate not less than that appropriate to the salary classification applicable to him immediately before the appointed day and shall, to the extent practicable, be employed subject to the same conditions of employment as were applicable to him immediately before that day until any alteration of the salary or the conditions by the Commission or by an applicable award or industrial agreement. (3) A person who, pursuant to subclause (1), becomes an officer of the Commission shall, for as long as he continues in the full-time employment of the Commission, retain all leave entitlements accrued or accruing to him immediately before the appointed day and- (a) may claim against the Commission in respect of those entitlements; and (b) for the purpose of the accrual of long service leave, his service with the Commission and with the Fire Brigade Board is deemed to be continuous service as an officer of the Commission. 3. Right of election of certain contract employees . (1) In this clause "prescribed officer" means a person who- (a) pursuant to clause 1 or 2 becomes an officer of the Commission other than a person who, immediately before the appointed day, was employed on a contract basis;

2056 Fire Service Act 1989, No. 118 and (b) having been continuously employed full-time in a permanent capacity as an officer of the Commission, is appointed full- time to an office in the Commission on a contract basis. (2) Where the contract of employment of a prescribed officer is terminated otherwise than by way of disciplinary action, the officer is entitled to elect to continue to be employed as an officer of the Commission, though not on a contract basis. (3) Where a prescribed officer elects to continue to be employed, his level of salary shall be determined by the Commission but shall not be less than the officer's level of salary immediately before the commencement of his employment on a contract basis, allowing for any movements in rates of salaries of officers of the Commission since that time. (4) An election to continue to be employed shall be made in writing signed by the prescribed. officer and given to the Commission no later than 14 days after notice of termination of the contract is given to the officer. (5) Where an election to continue to be employed is duly made by a prescribed officer- (a) his services as an officer of the Commission is deemed not to have been terminated by the termination of his contract of employment but to have continued as prescribed in this section; and (b) his continued employment shall be subject to any applicable industrial award or industrial agreement or, where none is applicable, to conditions determined by the Commission taking into account such of the conditions of employment of other officers of the Commission not employed on a contract basis as are applicable to the continued employment of the prescribed officer. 4. Discipline and appeals . (1) Every appeal against promotion duly instituted under the Fire Bridgades Act 1964-1988 before the appointed day and not determined as at that day or duly instituted after that day pursuant to subclause (2) shall be heard and determined under that Act as if this Act had not been enacted. (2) Where- (a) before the appointed day a right of appeal exists against an appointment made under the Fire Brigades Act 1964-1988 to any position; and (b) the time within which the right of appeal may be exercised has not expired as at that day, the provisions of that Act shall continue to apply in respect of that right of appeal.

Fire Service Act 1989, No. 118 2057 (3) Where a person, who on the appointed day becomes an officer of the Commission pursuant to clause 1 (1) was before that day liable to disciplinary action on any ground under the Public Service Managementand Employment Act 1988, he may be proceeded against and punished in accordance with that Act as if this Act had not been enacted. (4) Where a person, who on the appointed day becomes an officer of the Commission pursuant to clause 2 (1), was before that day liable to disciplinary action on any ground under the Fire Brigades Act 1964- 1988, he may be proceeded against and punished in accordance with that Act as if this Act had not been enacted. (5) Where- (a) before the appointed day a decision has been made that an officer of the public service suffer disciplinary punishment in accordance with the Public ServiceManagement andEmployment Act 1988 and the person becomes an officer of the Commission pursuant to clause 1 (1); (b) before the appointed day a decision has been made that an employee of a Fire Brigade Board suffer disciplinary punishment in accordance with the Fire Brigades Act 1964- 1988 and the person becomes an officer of the Commission pursuant to clause 2 (1); or (c) after the appointed day, a decision is made pursuant to subclause (3) or (4) that a person suffer disciplinary punishment under the Public Service Management andEmployment Act 1988 or the Fire Brigades Act 1964-1988, and in respect of the decision the person has, immediately before the appointed day a right of appeal under the relevant Act, or would have had such a right had the decision been made before the appointed day, the person may institute and pursue any appeal (or pursue any appeal instituted before the appointed day) in accordance with the relevant Act as if this Act had not been enacted. 5. Superannuation . (1) In this clause and clause 6, "superannuation scheme" means the superannuation scheme referred to in section 45. (2) Every person- (a) who pursuant to clause 2 becomes an officer of the Commission on the appointed day; and (b) who, immediately before the appointed day, was a contributor to the superannuation scheme, shall, while he remains so employed, continue to contribute to the scheme in accordance with its terms. (3) Subject to this Act, the obligations and rights, vested or contingent, had by persons before the appointed day under the Fire Brigades Act 1964-1988 in respect of the superannuation scheme shall not be affected by the repeal of that Act or the commencement of this Act.

2058 Fire Service Act 1989, No. 118 6. Trustees of superannuation scheme. (1) The persons who, immediately before the appointed day, held office under the Fire Brigades Act 1964-1988 as trustees of the superannuation scheme shall, on and from that day, continue to hold office until trustees are appointed pursuant to section 46 at which time, whether or not the terms of their appointments under that Act have expired, they shall cease to be trustees but without affecting any liability incurred by them in the course of acting as trustees before or after the appointed day. (2) In no case shall a person holding office as trustee pursuant to subclause (1) continue in office for a term longer than the balance (as at the appointed day) of the term for which he was appointed under the Fire Brigades Act 1964-1988. 7. Superannuation rights of officers previously officers of public service. (1) A person who, on the appointed day, becomes an officer of the Commission pursuant to clause 1 (1) and who, immediately before that day was an officer within the meaning of a State superannuation Act shall, for as long as he remains an officer in the full-time employment of the Commission- (a) retain all entitlements that, immediately before the appointed day had accrued or were accruing in respect of him under that Act; and (b) be deemed to continue to be an officer within the meaning of that State superannuation Act and the provisions of that Act shall apply accordingly. (2) In this clause "State superannuation Act" means the PublicService Superannuation Act 1958-1989 or the State Service SuperannuationAct 1972-1989. (3) Nothing in this clause shall be construed so as to prevent a person to whom subclause (1) applies from participating in any superannuation scheme in respect of which an officer of the public service may be a contributor. (4) On and after the appointed day, the responsibilities of subsidizing, contributing to and making payment to the funds held in connexion with a superannuation scheme concerning which an officer of the Commission referred to in subclause (1) has or obtains entitlements shall be discharged by the Commission, to the extent that those responsibilities relate to that officer's entitlements. 8. Members of Fire Brigade Boards. (1) The members of a Fire Brigade Board constituted under the Fire Brigades Act 1964-1988 holding office immediately before the appointed day shall, on that day, be deemed to be appointed as members of and to constitute a Fire Brigade Board under this Act in respect of the same district. (2) A person deemed by subclause (1) to be a member of a Fire Brigade Board shall hold office for the balance of the term of his

Fire Service Act 1989, No. 118 2059 appointment under the Fire Brigades Act 1964-1988, unless he sooner vacates office or is removed from office. (3) A person deemed by subclause (1) to be a member of a Fire Brigade Board who was, immediately before the appointed day, the chairman of a Fire Brigade Board constituted under the Fire Brigades Act 1964-1988 shall, while he remains a member of that board pursuant to that subclause, be deemed to be its chairman unless he sooner vacates office as chairman. 9. Members of The Rural Fires Board . Each member of The Rural Fires Board holding office immediately before the appointed day shall, on that day, continue in that office for the balance of the term for which he was appointed under the Rural Fires Act 1946-1984 as if appointed for that period under this Act, unless he sooner vacates office or is removed from office. 10. Chief fire wardens and fire wardens. (1) On the appointed day, a person who, immediately before that day, was a chief fire warden or fire warden within the meaning of the Rural Fires Act 1946-1984 is deemed to be appointed under this Act as a chief fire warden or, as the case may be, fire warden. (2) Where a person would, but for the commencement of this Act, have become a chief fire warden or fire warden pursuant to a notification made by the Governor in Council under section 9 (3) of the Rural Fires Act 1946-1984 by virtue of holding a particular office, any person who, after the appointed day, becomes the holder of or performs the duties of that office for any period, shall for that period be a chief fire warden or, as the case may be, fire warden. (3) The Governor in Council may amend or rescind any notification made by him under section 9 (3) of the Rural Fires Act 1946-1984. 11. Bush Fire Brigades . On the appointed day, the persons who immediately before that day constituted a bush fire brigade under The Rural Fires Act 1946-1984, are deemed to constitute a bush fire brigade under this Act and the Commission shall assign a registration number to that brigade. BY AUTHORITY S. R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-1989