Fire Service Amendment Act 1996 (Qld)

Queensland FIRE SERVICE AMENDMENT ACT 1996 Act No. 42 of 1996

Queensland FIRE SERVICE AMENDMENT ACT 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Replacement of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Amendment of pt 2 (Commissioner of Fire Service) . . . . . . . . . . . . . . . . . . 7 PART 2—QUEENSLAND FIRE AND RESCUE AUTHORITY 8 Insertion of new pt 2, divs 1 and 2 and div 3 hdg . . . . . . . . . . . . . . . . . . . . . 8 Division 1—Queensland Fire and Rescue Authority 8A Establishment of Queensland Fire and Rescue Authority . . . . . . . . 8 8B Status of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8C Authority represents the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8D Authority’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8E Authority’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2—Authority’s board 8F The board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8G Role of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8H Minister’s power to give directions . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8I Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8J Term of office of appointed members . . . . . . . . . . . . . . . . . . . . . . . . 11 8K Remuneration and allowances of appointed members . . . . . . . . . . . 12 8L Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8M Conduct of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

2 Fire Service Amendment No. 42, 1996 8N Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 8O Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 8P Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 3—Chief commissioner 9 Amendment of s 9 (Appointment of commissioner) . . . . . . . . . . . . . . . . . . . 14 10 Replacement of ss 11–17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 11 Acting chief commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12 Role of chief commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 11 Insertion of new pt 2, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 4—Other matters about the authority 19A Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 19B Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 19C Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 12 Replacement of s 22 (Budget of commissioner) . . . . . . . . . . . . . . . . . . . . . . 16 22 Authority’s budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13 Replacement of s 25 (Personnel of Queensland Fire Service) . . . . . . . . . . 17 25 Staff of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 13A Amendment of s 26 (Conditions of employment) . . . . . . . . . . . . . . . . . . . . . 17 14 Amendment of s 41 (Superannuation schemes) . . . . . . . . . . . . . . . . . . . . . . 17 15 Amendment of s 143 (Protection of name) . . . . . . . . . . . . . . . . . . . . . . . . . . 18 17 Amendment of pt 12 (Transitional provisions) . . . . . . . . . . . . . . . . . . . . . . . 18 PART 12—SAVINGS AND TRANSITIONAL PROVISIONS 18 Amendment of s 155 (Definition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 19 Insertion of new ss 157 to 169— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 157 References to commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 158 Vesting of assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 159 Legal or disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 160 Fire authority officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 161 Conditions of employment of transferred officers . . . . . . . . . . . . . . . 20 162 Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 163 Duty to assist transfer of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 164 Superannuation scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

3 Fire Service Amendment No. 42, 1996 165 Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 166 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 167 Things taken to have been done etc. by chief commissioner . . . . . . 21 168 Things taken to have been done etc. by the authority . . . . . . . . . . . 21 169 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 20 Replacement of section headings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 21 Amendment for “commissioner” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 24 REPLACEMENT OF SECTION HEADINGS SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 26 REPLACEMENT OF REFERENCES TO COMMISSIONER SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 29 OTHER MINOR AMENDMENTS

Queensland Fire Service Amendment Act 1996 Act No. 42 of 1996 An Act to amend the Fire Service Act 1990 [Assented to 7 November 1996]

s1 6 Fire Service Amendment The Parliament of Queensland enacts— s6 No. 42, 1996 ˙ Short title 1. This Act may be cited as the Fire Service Amendment Act 1996 . ˙ Commencement 2. This Act commences on a day to be fixed by proclamation. ˙ Act amended 3. This Act amends the Fire Service Act 1990 . ˙ Amendment of long title 4. Long title, ‘to provide’ to ‘Queensland Fire Service’— omit, insert— ‘to establish the Queensland Fire and Rescue Authority’. ˙ Replacement of s 1 (Short title) 5. Section 1— omit, insert— ‘ Short title ‘ 1. This Act may be cited as the Fire and Rescue Authority Act 1990 .’. ˙ Amendment of s 6 (Definitions) 6.(1) Section 6, definitions “commissioner” , “fire service” , “fire service officer” and “fire service superannuation scheme” — omit.

s7 7 s7 Fire Service Amendment No. 42, 1996 (2) Section 6— insert— ‘ “authority” means the Queensland Fire and Rescue Authority. “board” means the authority’s board mentioned in section 8F. “chief commissioner” means the chief commissioner for the authority. “conviction” includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded. “fire authority officer” means a person employed by the authority, but does not include the person holding office as chief commissioner. “fire service superannuation scheme” means the superannuation scheme approved under the Fire Brigades Act 1964 , section 12 and continued in existence under section 41(1)(a) of this Act as in force immediately before the commencement of the Fire Service Amendment Act 1996 , section 14.’. (3) Section 6, definition “fire officer” , ‘in the Queensland Fire Service’— omit, insert— ‘by the authority’. (4) Section 6, definition “fire officer” , ‘in the service’— omit, insert— ‘by the authority’. ˙ Amendment of pt 2 (Commissioner of Fire Service) 7. Part 2, heading— omit, insert— ‘ PART 2—QUEENSLAND FIRE AND RESCUE AUTHORITY ’.

s8 8 s8 Fire Service Amendment No. 42, 1996 ˙ Insertion of new pt 2, divs 1 and 2 and div 3 hdg 8. Part 2, before section 9— insert— ‘ Division 1—Queensland Fire and Rescue Authority ˙ ‘ Establishment of Queensland Fire and Rescue Authority ‘ 8A. The Queensland Fire and Rescue Authority is established. ˙ ‘ Status of authority ‘ 8B. The authority— (a) is a body corporate with perpetual succession; and (b) has a seal; and (c) may sue and be sued in its corporate name. ˙ ‘ Authority represents the State ‘ 8C.(1) The authority represents the State. ‘ (2) Without limiting subsection (1), the authority— (a) has all the privileges and immunities of the State; and (b) is an exempt public authority under the Corporations Law. ˙ ‘ Authority’s functions ‘ 8D. The functions of the authority are— (a) to protect persons, property and the environment from fire and chemical incidents; and (b) to protect persons trapped in a vehicle or building or otherwise endangered, to the extent that the personnel and equipment under the control of the authority can reasonably be deployed or used for the purpose; and (c) to provide an advisory service, and undertake other measures, to

s8 9 s8 Fire Service Amendment No. 42, 1996 promote— (i) fire prevention and fire control; and (ii) safety and other procedures in the event of a fire or chemical incident; and (d) to cooperate with any entity that provides an emergency service; and (e) to identify and market products and services incidental to its other functions; and (f) to perform other functions given to the authority under this Act or another Act; and (g) to perform functions incidental to its other functions. ˙ ‘ Authority’s powers ‘ 8E.(1) The authority has all the powers of an individual and may, for example— (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property; and (c) appoint agents and attorneys; and (d) charge for services and facilities it supplies; and (e) undertake fund-raising activities to benefit the authority financially; and (f) do anything else necessary or convenient to be done for, or in connection with, the performance of its functions. ‘ (2) Without limiting subsection (1), the authority has the powers given to it under this or another Act. ‘ (3) However, the authority may exercise either of the following powers only with the written approval of the Minister— (a) acquire land by purchase, lease or exchange; (b) dispose of land by sale, lease, mortgage or in another way.

s 8 10 s 8 Fire Service Amendment No. 42, 1996 ‘ (4) The authority may exercise its powers inside and outside Queensland, including outside Australia. ‘ Division 2—Authority’s board ˙ ‘ The board ‘ 8F. The authority has a board. ˙ ‘ Role of board ‘ 8G.(1) The board is responsible for the way the authority performs its functions and exercises its powers. ‘ (2) Without limiting subsection (1), it is the board’s role— (a) to decide the objectives, strategies and policies to be followed by the authority; and (b) to ensure the authority performs its functions in an appropriate, effective and efficient way. Example of subsection (2)(b)— The board could establish performance measures for the authority. ˙ ‘ Minister’s power to give directions ‘ 8H.(1) The Minister may give the board a written direction about the administration, management and control of the authority if the Minister is satisfied it is necessary to give the direction in the public interest and because of exceptional circumstances. ‘ (2) The board must ensure the direction is complied with. ‘ (3) Before giving the direction, the Minister must— (a) consult with the board; and (b) ask the board to advise whether, in its opinion, complying with the direction would not be in the authority’s financial interest. ‘ (4) The Minister must cause a copy of the direction to be gazetted within 21 days after it is given.

s 8 11 s 8 Fire Service Amendment No. 42, 1996 ˙ ‘ Membership of board ‘ 8I.(1) The board consists of— (a) the chief commissioner; and (b) the commissioner of the Queensland Ambulance Service; and (c) the chief executive; and (d) 5 other members. ‘ (2) The members of the board mentioned in subsection (1)(d) (the “appointed members” ) are to be appointed by the Governor in Council. ‘ (3) However, a person may be appointed as an appointed member only if the person has knowledge of, or experience in, matters relevant to the authority’s functions. ‘ (4) The Governor in Council is to appoint 1 of the members of the board as chairperson of the board. ˙ ‘ Term of office of appointed members ‘ 8J.(1) The appointment of an appointed member is for the term (not longer than 3 years) decided by the Governor in Council. ‘ (2) The office of an appointed member becomes vacant if the member— (a) resigns by signed notice of resignation given to the Minister; or (b) is absent from 3 consecutive meetings of the board without the board’s leave and without reasonable excuse; or (c) is convicted of an indictable offence; or (d) becomes employed by, or a contractor of, the authority; or (e) is removed from office by the Governor in Council under subsection (3) or (4). ‘ (3) The Governor in Council may remove an appointed member from office if the member— (a) engages in misbehaviour; or (b) becomes incapable of performing the duties of a member because

s 8 12 s 8 Fire Service Amendment No. 42, 1996 of physical or mental incapacity; or (c) is incompetent; or (d) does anything else that, in the Governor in Council’s opinion, is a reasonable justification for removal from office; or (e) is convicted of an offence against this Act. ‘ (4) The Governor in Council may remove all or any of the appointed members of the board from office if the board does not comply with a direction given to it by the Minister under this Act. ˙ ‘ Remuneration and allowances of appointed members ‘ 8K. An appointed member is entitled to be paid the remuneration and allowances fixed by the Governor in Council. ˙ ‘ Time and place of meetings ‘ 8L.(1) Meetings of the board are to be held at the times and places it decides. ‘ (2) However, the board must meet at least once every 3 months. ‘ (3) The chairperson of the board— (a) may at any time call a meeting of the board; and (b) must call a meeting if asked by at least 4 members. ˙ ‘ Conduct of proceedings ‘ 8M.(1) The chairperson of the board must preside at all board meetings at which the chairperson is present. ‘ (2) If the chairperson is absent, the member chosen by the members present must preside. ‘ (3) At a meeting of the board— (a) 5 members form a quorum; and (b) a question is decided by a majority of the votes of the members present and voting; and

s 8 13 s 8 Fire Service Amendment No. 42, 1996 (c) each member present has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote. ‘ (4) The board may otherwise conduct its proceedings (including its meetings) as it considers appropriate. ‘ (5) The board may hold meetings, or allow members to take part in meetings, by telephone, closed circuit television or another form of communication. ‘ (6) A member who takes part in a board meeting under subsection (5) is taken to be present at the meeting. ‘ (7) A resolution is a valid resolution of the board, even though it is not passed at a board meeting, if— (a) all members of the board give written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the board. ˙ ‘ Authentication of documents ‘ 8N. A document made by the board for this Act is sufficiently made if it is signed by the chairperson or a person authorised by the board. ˙ ‘ Disclosure of interests ‘ 8O.(1) This section applies to a member of the board if— (a) the member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the board; and (b) the interest could conflict with the proper performance of the member’s duties about the consideration of the issue. ‘ (2) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the board. ‘ (3) Unless the board otherwise directs, the member must not— (a) be present when the board considers the issue; or

s 9 14 s 10 Fire Service Amendment No. 42, 1996 (b) take part in a decision of the board on the issue. ‘ (4) The member must not be present when the board is considering whether to give a direction under subsection (3). ‘ (5) If there is another person who must, under subsection (2), also disclose an interest in the issue, the other person must not— (a) be present when the board is considering whether to give a direction under subsection (3); or (b) take part in making the decision about giving a direction. ‘ (6) If, because of this section, a member is not present at a board meeting for considering or deciding an issue, but there would be a quorum if the member were present, the remaining members present are a quorum for considering or deciding the issue at the meeting. ‘ (7) A disclosure under subsection (2) must be recorded in the board’s minutes. ˙ ‘ Minutes ‘ 8P. The board must keep minutes of its proceedings. ‘ Division 3—Chief commissioner ’. ˙ Amendment of s 9 (Appointment of commissioner) 9.(1) Section 9, heading— omit, insert— ‘ Appointment of chief commissioner ’. (2) Section 9(1), ‘Commissioner of Fire Service’— omit, insert— ‘chief commissioner for the authority’. ˙ Replacement of ss 11–17 10. Sections 11 to 17—

s 11 15 s 11 Fire Service Amendment No. 42, 1996 omit, insert— ˙ ‘ Acting chief commissioner ‘ 11. The Governor in Council may appoint a person, who is eligible for appointment as chief commissioner, to act in the office of chief commissioner during— (a) any vacancy, or all vacancies, in the office; or (b) any period, or all periods, when the chief commissioner is absent from duty, or cannot, for another reason, perform the functions of the office. ˙˙ ‘ Role of chief commissioner ‘ 12.(1) The chief commissioner is responsible for managing the authority’s operations in accordance with its objectives, strategies and policies. ‘ (2) Without limiting subsection (1), the chief commissioner is to prepare an annual corporate plan incorporating performance targets developed in consultation with the board and approved by the Minister. ‘ (3) The chief commissioner has power to do anything necessary or convenient to be done for, or in connection with, the management of the authority’s operations.’. ˙ Insertion of new pt 2, div 4 11. Pt 2, after section 19— insert— ‘ Division 4—Other matters about the authority ˙ ‘ Application of certain Acts ‘ 19A. The authority is— (a) a unit of public administration under the CriminalJusticeAct1989 ; and (b) an agency under the Equal Opportunity in Public Employment

s 12 16 s 12 Fire Service Amendment No. 42, 1996Act 1992 ; and (c) a public authority under the Libraries and Archives Act 1988 ; and (d) a statutory body under the StatutoryBodiesFinancialArrangements Act 1982 . ˙ ‘ Seal ‘ 19B. Judicial notice must be taken of the imprint of the authority’s seal appearing on a document, and the document must be presumed to have been properly sealed unless the contrary is proved. ˙ ‘ Delegation ‘ 19C.(1) The authority may delegate its powers under this Act to the chief commissioner or an appropriately qualified fire authority officer. ‘ (2) In subsection (1)— “appropriately qualified” includes having the qualifications, experience or standing appropriate to exercise the power. Example of ‘standing’— A person’s classification level in the authority.’. ˙ Replacement of s 22 (Budget of commissioner) 12. Section 22— omit, insert— ˙ ‘ Authority’s budget ‘ 22.(1) For each financial year, the chief commissioner must prepare and present to the board for its consideration a budget for the authority showing the estimates of receipts and disbursements for the financial year. ‘ (2) The board may direct the chief commissioner to amend the budget in the way stated by the board. ‘ (3) The chief commissioner must comply with a direction of the board. ‘ (4) The board must present the budget to the Minister for approval.

s 13 17 s 14 Fire Service Amendment No. 42, 1996 ‘ (5) The Minister may amend a budget presented for approval. ‘ (6) A budget has no effect until it is approved by the Minister.’. ˙ Replacement of s 25 (Personnel of Queensland Fire Service) 13. Section 25— omit, insert— ˙ ‘ Staff of authority ‘ 25. The authority may employ the persons it considers necessary to perform its functions.’. ˙ Amendment of s 26 (Conditions of employment) 13A. Section 26— insert— ‘ (2) However, if a person mentioned in subsection (1) is employed on contract for a fixed term, the conditions of the person’s employment are not subject to any industrial award or agreement.’. ˙ Amendment of s 41 (Superannuation schemes) 14.(1) Section 41(1)— omit, insert— ‘ 41.(1) The fire service superannuation scheme is continued in existence. ‘ (1A) The responsibilities held by the commissioner in relation to the fire service superannuation scheme, immediately before the commencement, are, on the commencement, assumed by the authority.’. (2) Section 41— insert— ‘ (6) In subsection (1A)— “commissioner” means the corporation sole under this Act as in force immediately before the commencement.’.

s 15 18 s 18 Fire Service Amendment No. 42, 1996 ˙ Amendment of s 143 (Protection of name) 15. Section 143(1)(a), ‘ ‘Queensland Fire Service’ ’ to ‘expressions’— omit, insert— ‘ ‘Queensland Fire Service’, ‘Queensland Fire Services’ or ‘Queensland Fire and Rescue Authority’, or an expression containing any of those expressions’. Amendment of s 153 (Evidentiary) 16. Section 153— insert— ‘ (2) In subsection (1)— “commissioner” means the corporation sole under this Act as in force immediately before the commencement. “fireservice” means the Queensland Fire Service in existence immediately before the commencement.’. ˙ Amendment of pt 12 (Transitional provisions) 17. Part 12, heading— omit, insert— ‘ PART 12—SAVINGS AND TRANSITIONAL PROVISIONS ’. ˙ Amendment of s 155 (Definition) 18.(1) Section 155, heading— omit, insert— ‘ Definitions ’. (2) Section 155— insert— ‘ “amendment Act” means the Fire Service Amendment Act 1996 .

s 19 19 s 19 Fire Service Amendment No. 42, 1996 “commencement” means the commencement of the amendment Act, section 8. “commissioner” means the corporation sole under this Act as in force immediately before the commencement. “fireservice” means the Queensland Fire Service in existence immediately before the commencement. “transferred officer” means a person taken to be employed as a fire authority officer under section 160.’. ˙ Insertion of new ss 157 to 169— 19. After section 156— insert— ˙ ‘ References to commissioner ‘ 157. A reference in an Act or document in existence immediately before the commencement to the corporation sole of the commissioner is a reference to the authority. ˙ ‘ Vesting of assets ‘ 158. On the commencement, the assets, rights and liabilities of the commissioner or the fire service vest in the authority. ˙ ‘ Legal or disciplinary proceedings ‘ 159.(1) A legal proceeding that could have been started or continued by or against the commissioner or the fire service before the commencement may be started or continued by or against the authority. ‘ (2) A disciplinary proceeding that could have been started or continued by the commissioner before the commencement may be started or continued by the chief commissioner. ˙ ‘ Fire authority officers ‘ 160. A person who, immediately before the commencement, was

s 19 20 s 19 Fire Service Amendment No. 42, 1996 employed as a fire service officer of the fire service is, on the commencement, taken to be employed as an equivalent class of fire authority officer. ˙ ‘ Conditions of employment of transferred officers ‘ 161.(1) The conditions of employment applying to a transferred officer must be no less favourable than the conditions that applied to the officer immediately before the commencement. ‘ (2) A transferred officer remains entitled to all rights accrued or accruing to the officer as an employee of the fire service. ‘ (3) Without limiting subsection (2), a transferred officer is entitled to receive annual, sick and long service leave and any similar entitlements accrued or accruing to the officer as an employee of the fire service. ‘ (4) The recognised service of a transferred officer is taken to be service as an employee of the authority for the purpose of any law dealing with rights or entitlements mentioned in this section. ‘ (5) In subsection (4)— “recognised service” of a transferred officer means the officer’s service as an employee of the fire service, and includes any previous service of the officer taken to be service with the fire service. ˙ ‘ Trusts ‘ 162. On the commencement, any property that, immediately before the commencement, was held in trust by the fire service or the commissioner vests in the authority on the same trusts to which the property was subject immediately before the vesting. ˙ ‘ Duty to assist transfer of property ‘ 163.(1) The registrar of titles and all persons who keep registers of dealings in property must, if asked by the authority, make in the register all entries necessary to record the vesting of property in the authority by this part. ‘ (2) A request under this section is not liable to fees or stamp duty.

s 19 21 s 19 Fire Service Amendment No. 42, 1996 ˙ ‘ Superannuation scheme ‘ 164. A reference in the trust deed dated 13 April 1964, establishing the fire service superannuation scheme, to a fire brigade board or the commissioner is a reference to the authority. ˙ ‘ Suspension ‘ 165. The suspension of a fire officer in force immediately before the commencement is taken to continue in force under this Act. ˙ ‘ Appeals ‘ 166. An appeal to the commissioner started, but not decided, before the commencement may be continued and decided by the chief commissioner after the commencement. ˙ ‘Things taken to have been done etc. by chief commissioner ‘ 167.(1) Anything declared, done, given, granted, made or issued by the commissioner under a chief commissioner’s section and in force, or having effect, immediately before the commencement is, on the commencement, taken to have been declared, done, given, granted, made or issued by the chief commissioner. ‘ (2) If the action mentioned in subsection (1) involves a period of time, the subsection must not be construed as extending or otherwise affecting the period. ‘ (3) In this section— “chief commissioner’s section” means a section that, immediately before the commencement, referred to action of the commissioner and after the commencement refers to action of the chief commissioner. ˙ ‘ Things taken to have been done etc. by the authority ‘ 168.(1) Anything declared, done, given, granted, made or issued by the commissioner under an authority’s section and in force, or having effect, immediately before the commencement is, on the commencement, taken to have been declared, done, given, granted, made or issued by the authority.

s 20 22 s 21 Fire Service Amendment No. 42, 1996 ‘ (2) If the action mentioned in subsection (1) involves a period of time, the subsection must not be construed as extending or otherwise affecting the period. ‘ (3) In this section— “authority’s section” means a section that, immediately before the commencement, referred to action of the commissioner and after the commencement refers to action of the authority. ˙ ‘ Transitional regulations ‘ 169.(1) A regulation may make provision about a matter for which— (a) it is necessary or convenient to assist the transition to the performance by the authority of functions previously performed by the fire service or the commissioner; and (b) this Act does not make provision or enough provision. ‘ (2) This section expires 1 year after it commences.’. ˙ Replacement of section headings 20.(1) This section amends the provisions mentioned in schedule 1, column 1. (2) For a provision mentioned in schedule 1, column 1, omit the section heading and insert the section heading set opposite the provision in schedule 1, column 2. ˙ Amendment for “commissioner” 21.(1) This section amends the provisions mentioned in schedule 2. (2) In the provisions mentioned in schedule 2, part 1, ‘commissioner’— omit, insert— ‘chief commissioner’.

s 21 23 s 21 Fire Service Amendment No. 42, 1996 (3) In the provisions mentioned in schedule 2, part 2, ‘commissioner’— omit, insert— ‘authority’.

24 Fire Service Amendment No. 42, 1996 ¡ SCHEDULE 1 REPLACEMENT OF SECTION HEADINGS section 20 Column 1 Column 2 section new section heading 19 63 64 69 85 91 97 98 103 104F 104G 118 122 124 Delegation by chief commissioner Authorisation of fires by chief commissioner Prohibition by chief commissioner against lighting of fires Requisition by chief commissioner to reduce fire risk Authority’s role relating to rural fire brigades Chief commissioner’s power during fire emergency Off-site emergency plans Assistance with plans Keeping copies of plans Assistance with plan Notice by chief commissioner about occupier’s obligations Payments by component local governments to authority Notices about contributions Remitting contributions

25 Fire Service Amendment No. 42, 1996 SCHEDULE 1 (continued) 131 Representation of authority at inquiries 136 Role of police officers at fire or chemical incident 140 Ownership of property

26 Fire Service Amendment No. 42, 1996 ¡ SCHEDULE 2 REPLACEMENT OF REFERENCES TO COMMISSIONER section 21 PART 1—CHIEF COMMISSIONER section 6A(1) and (2) section 9(2) and (4) section 18(1), (2) and (5) section 19(1) section 24(1), (2nd mention) section 41(3) and (4) section 42(3)(b) section 54 section 60 sections 63 to 65 section 66(2) sections 69(1) sections 70 and 71 section 72(1)(d) and (f) sections 75 and 76 sections 78 to 83 section 84(3), (1st mention) section 86(4) section 86A(1) sections 86B and 86C section 86G section 87 section 88(3) section 89 section 91(1) section 96(1) section 97(1) section 98(1) sections 99 to 102 section 104F(1) section 104G section 104I section 104M section 104R(1) section 104S(e) section 106(2)

27 Fire Service Amendment SCHEDULE 2 (continued) section 113 section 133, (3rd mention) section 137(1) section 138(a) section 140(b), (2nd mention) section 141(2) section 142(1), (last mention) section 142(2) section 142(3), (1st and 2nd mention) section 154(3) No. 42, 1996 PART 2—AUTHORITY section 8 section 20 section 21 section 23 section 24(1), (1st mention) sections 27 to 30 section 32 section 33(2) section 41(5) section 53(3) section 69(4), (6), and (7) section 84(1), (2) and (3), (2nd mention) section 85 section 98(2) section 103 section 107(2) section 108(4) section 109 section 118 section 119 section 120

28 Fire Service Amendment SCHEDULE 2 (continued) section 122 section 123(1) and (3) section 124 section 126 section 131 section 133, (1st and 2nd mention) section 140, (other than 2nd mention in paragraph (b)) section 141(1) section 142(1), (1st and 2nd mention) section 142(3), (last mention) section 143(1) section 144(1) and (2) section 145(1) section 153(g), (1st mention) No. 42, 1996

29 Fire Service Amendment No. 42, 1996 ¡ SCHEDULE 3 OTHER MINOR AMENDMENTS section 3 1. Section 9(3)— omit. 2. Section 10, ‘commissioner of fire service’ omit, insert— ‘chief commissioner’. 3. Section 18(1), after ‘time to time’— insert— ‘, with the approval of the board,’. 4. Sections 18(1)(a), 30(1)(c), 30(2)(b), 42(3)(d), 136(1) and 154(2)(b), ‘officers of the Queensland Fire Service’— omit, insert— ‘fire authority officers’. 5. Section 18(2), after ‘time’— insert— ‘, with the approval of the board,’.

30 Fire Service Amendment No. 42, 1996 SCHEDULE 3 (continued) 6. Section 18(4), ‘officers or classes of officers’— omit, insert— ‘fire authority officers or classes of fire authority officers’. 7. Section 19(1), ‘fire service officer’— omit, insert— ‘fire authority officer’. 8. Sections 19, 78(1), 81(3) and 113(6), ‘commissioner’s’— omit, insert— ‘chief commissioner’s’. 9. Section 20(1), ‘Queensland fire service general fund’— omit, insert— ‘Queensland Fire and Rescue Authority general fund’. 10. Section 25A, ‘Fire service officers’— omit, insert— ‘Fire authority officers’. 11. Section 26, ‘appointed or employed by the commissioner’— omit, insert— ‘employed by the authority’.

31 Fire Service Amendment No. 42, 1996 SCHEDULE 3 (continued) 12. Section 26, ‘commissioner’ (2nd mention)— omit, insert— ‘board’. 13. Sections 27, 28(1) and 30(1), ‘An officer of the Queensland Fire Service’— omit, insert— ‘A fire authority officer’. 14. Section 28(2) and (4), ‘an officer’— omit, insert— ‘a fire authority officer’. 15. Sections 29(a), 30(2)(a), 32(1)(a), 42(3)(a), 104N(2), 133, 140(b), 141(1) and 142(1), ‘an officer of the Queensland Fire Service’— omit, insert— ‘a fire authority officer’. 16. Sections 41(3), (4) and (4A) and 46, ‘in the Queensland Fire Service’— omit, insert— ‘by the authority’. 17. Section 41(5), ‘in the Queensland Fire Service’— omit, insert— ‘of the authority’.

32 Fire Service Amendment No. 42, 1996 SCHEDULE 3 (continued) 18. Section 49, ‘commissioner’— omit, insert— ‘board’. 19. Part 7, division 1, heading, ‘commissioner’— omit, insert— ‘chief commissioner’. 20. Section 75(4) and schedule 4, clause 10, ‘Queensland Fire Service’— omit, insert— ‘authority’. 21. Sections 93, 125, 144(13) and 153(f), ‘under the seal of the commissioner’— omit, insert— ‘signed by the chief commissioner’. 22. Section 104F(2), ‘commissioner’s’— omit, insert— ‘authority’s’. 23. Sections 136(2) and 140(a), ‘officer of the Queensland Fire Service’— omit, insert— ‘fire authority officer’.

33 Fire Service Amendment No. 42, 1996 SCHEDULE 3 (continued) 24. Section 139(1), definition “officer in charge”, ‘commissioner’— omit, insert— ‘chief commissioner’. 25. Section 153(a), ‘commissioner’ to ‘Service’— omit, insert— ‘commissioner or chief commissioner, or of an officer of the fire service or a fire authority officer,’. 26. Section 153(f), after ‘commissioner’ (2nd mention)— insert— ‘, chief commissioner or the authority’. 27. Section 153(g)(i), after ‘commissioner’— insert— ‘or authority’. © State of Queensland 1996