Untitled document
Justice Legislation Amendment Act 2014
No. 41 of 2014
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—Country Fire Authority Act 1958
3Section 7 substituted and new section 7AA inserted—Constitution of the Authority
7Constitution of the Authority
7AAAuthority is the same body
4Changes to references to chairman and deputy chairman
5Amendment of section 10—Quorum of Authority
6Amendment of section 42—Brigades may carry out fire prevention work
7Amendment of section 50A—Definitions
8Amendment of section 55A—Municipal fire prevention plans
9Amendment of section 92—Immunity provision
10Amendment of section 93B—Activities outside country area
of Victoria11Amendment of section 110—Regulations
Part 3—Emergency Management Acts
12Consequential amendment of Emergency Management Act 1986
13Amendment of section 3—Definitions
14Amendment of section 86
Part 4—Emergency Services Telecommunications Authority Act 2004
15Amendment of Part 4—Particular Functions, Powers and
DutiesDivision 4—Emergency Warning and Advisory Services
32AFunction and powers relating to emergency warning
and advisory services32BLimitation on section 32A
Part 5—Repeal
16Repeal of amending Act
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Endnotes
Justice Legislation Amendment Act 2014
No. 41 of 2014
[Assented to 17 June 2014]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The purpose of this Act is to—
(a)amend the Country Fire Authority Act 1958—
(i)to provide for the appointment of members of the Country Fire Authority; and
(ii)in relation to the operation of industry brigades; and
(iii)to provide for places that are to be community fire refuges to be prescribed by regulations; and
(b)make a consequential amendment to the Emergency Management Act 1986 and to amend the Emergency Management Act 2013 to make minor technical amendments; and
(c)amend the Emergency Services Telecommunications Authority Act 2004 to enable the Emergency Services Telecommunications Authority to undertake functions in relation to emergency warning and advisory services.
2Commencement
(1)This Part and Parts 4 and 5 come into operation on the day after the day on which it receives the Royal Assent.
(2)Sections 13 and 14 are to be taken to have come into operation on 3 December 2013.
(3)Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(4)If a provision referred to in subsection (3) does not come into operation before 1 July 2015, it comes into operation on that day.
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Part 2—Country Fire Authority Act 1958
3Section 7 substituted and new section 7AA inserted—Constitution of the Authority
For section 7 of the Country Fire Authority Act 1958 substitute—
"7 Constitution of the Authority
(1)The Authority is to consist of 9 members appointed by the Governor in Council.
(2)The members of the Authority are to be appointed having regard to any of the following—
(a)knowledge of, or experience in, commercial, technical, operational, legal or financial matters;
(b)expertise in fire services, emergency management, land management or any other field relevant to the performance of the functions of the Authority.
(3)Five members of the Authority, including the Chairperson and the Deputy Chairperson, are to be appointed on the recommendation of the Minister made after having regard to subsection (2).
(4)Four members being—
(a)two volunteer members of brigades predominately serving urban communities; and
(b)two volunteer members of brigades predominately serving rural communities—
are to be appointed from a panel of names nominated by the Board of Volunteer Fire Brigades Victoria made after having regard to subsection (2).
(5)If the Board of Volunteer Fire Brigades Victoria fails to submit a nomination for the purposes of subsection (4) within 30 days after receiving a request from the Minister to submit a nomination, the Governor in Council may after having regard to subsection (2) appoint a person or persons to be a member or members of the Authority for the purposes of subsection (4).
7AAAuthority is the same body
The Authority continues to be the same body despite the change to its membership as a result of the commencement of section 3 of the Justice Legislation Amendment Act 2014.".
4Changes to references to chairman and deputy chairman
In the Country Fire Authority Act 1958—
(a)insert the following heading to section 9—
"Chairperson";
(b)in section 9(2) for "chairman" substitute "chairperson";
(c)in section 9(3)—
(i)for "chairman or deputy chairman" substitute "chairperson or deputy chairperson";
(ii)for "deputy chairman, the acting deputy chairman" substitute "deputy chairperson, the acting deputy chairperson";
(iii)for "as chairman" substitute
"as chairperson";
(iv)for "the chairman" substitute
"the chairperson";
(d)insert the following heading to section 9A—
"Rights of Chairperson in relation to the public service and superannuation";
(e)in section 9A, for "chairman" (wherever occurring) substitute "chairperson";
(f)insert the following heading to section 9B—
"Deputy chairperson";
(g)in section 9B(1)—
(i)for "deputy chairman" substitute "deputy chairperson";
(ii)for "chairman" (where three times occurring) substitute "chairperson";
(h)in section 9B(3)—
(i)for "deputy chairman" substitute "deputy chairperson";
(ii)for "chairman" (where twice occurring) substitute "chairperson";
(i)in section 9B(4) for "deputy chairman" substitute "deputy chairperson";
(j)in section 9B(5)—
(i)for "The chairman" substitute
"The chairperson";
(ii)for "deputy chairman" substitute "deputy chairperson";
(iii)after "his"(wherever occurring) insert "or her";
(k)in section 9B(6) for "chairman" substitute "chairperson";
(l)in sections 9B(7), (8) and (9) for "deputy chairman" (wherever occurring) substitute "deputy chairperson";
(m)in section 9B(9) after "he" insert "or she";
(n)in section 9B(10)—
(i)for "deputy chairman" (wherever occurring) substitute "deputy chairperson";
(ii)for "chairman" substitute "chairperson";
(o)in section 9B(11) for "deputy chairman" (wherever occurring) substitute "deputy chairperson";
(p)in section 10(3) for "deputy chairman" substitute "deputy chairperson";
(q)in section 11(1) for "chairman" substitute "chairperson";
(r)in section 11A(2) for "chairman" substitute "chairperson";
(s)in sections 12(2) and 12A for "chairman or deputy chairman" substitute "chairperson or deputy chairperson";
(t)insert the following heading to section 13—
"Expenses of chairperson, deputy chairperson and members";
(u)in section 13(1) for "chairman deputy chairman" ( where twice occurring) substitute "chairperson, deputy chairperson";
(v)in section 13(2) for "chairman deputy chairman" substitute "chairperson, deputy chairperson".
5Amendment of section 10—Quorum of Authority
In section 10(1) of the Country Fire Authority Act 1958, for "six" substitute "5".
6Amendment of section 42—Brigades may carry out fire prevention work
For section 42(4) of the Country Fire Authority Act 1958 substitute—
"(4)Subject to the general direction of the Authority and the Chief Officer, the officers and members of an industry brigade may assist other brigades in carrying out any work under subsection (1) if—
(a)the officer in charge of the relevant brigade has made a request for assistance to the officer in charge of the industry brigade; and
(b)the relevant owner or group of relevant owners in relation to the industry brigade have agreed to the industry brigade providing assistance.".
7Amendment of section 50A—Definitions
In section 50A of the Country Fire Authority Act 1958, for the definition of community fire refuge substitute—
"community fire refuge means a place prescribed by the regulations to be a place that is to be used by the public for short-term shelter from a fire front during a bushfire;".
8Amendment of section 55A—Municipal fire prevention plans
For section 55A(2)(cb) of the Country Fire Authority Act 1958 substitute—
"(cb)identifying any places in the municipal district that are community fire refuges within the meaning of section 50A; and".
9Amendment of section 92—Immunity provision
(1)After section 92(1)(c) of the Country Fire Authority Act 1958 insert—
"(ca)an officer or member of an industry brigade when assisting the Authority, a group of brigades or any brigade in accordance with this Act or the regulations in relation to fire prevention or fire suppression or the protection of life and property and, as the case may be—
(i)under the command and control of the Chief Officer; or
(ii)subject to the general direction and control of the Authority and the Chief Officer; or
(iii)if in a place outside the country area of Victoria, subject to the direction and control of the person or body having authority in that place;".
(2)After section 92(2) of the Country Fire Authority Act 1958 insert—
"(2A)For the purposes of subsection (2), an officer or member of an industry brigade to whom subsection (1)(ca) applies, is to be taken to be exercising a power or discharging a duty under this Act or the regulations while providing the assistance referred to in subsection (1)(ca).".
10Amendment of section 93B—Activities outside country area of Victoria
(1)After section 93B(1A) of the Country Fire Authority Act 1958 insert—
"(1B)For the purposes of subsection (1), an industry brigade may assist the Authority, a group of brigades or any brigade in the prevention or suppression of a fire or the protection of life and property in a place under subsection (1) subject to the direction and control of the person or body having authority in that place if—
(a)the Chief Officer has made a request for assistance to the officer in charge of the industry brigade; and
(b)the relevant owner or group of relevant owners in relation to the industry brigade have agreed to the industry brigade providing assistance.".
(2)In section 93B(2) of the Country Fire Authority Act 1958, after "(1A)" insert "or an industry brigade is engaged in providing assistance referred to in subsection (1B)".
(3)Section 93B(3) of the Country Fire Authority Act 1958 is repealed.
11Amendment of section 110—Regulations
After section 110(1)(ub) of the Country Fire Authority Act 1958 insert—
"(uc)for prescribing a place to be a community fire refuge for the purposes of Part IIIA;".
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Part 3—Emergency Management Acts
12Consequential amendment of Emergency Management Act 1986
For section 20(2)(ba)(ii) of the Emergency Management Act 1986 substitute—
"(ii)identifying any places in the municipal district that are community fire refuges within the meaning of section 50A of the Country Fire Authority Act 1958; and".
13Amendment of section 3—Definitions
In section 3 of the Emergency Management Act 2013, in the definition of Secretary to the Department of Environment and Primary Industries, for "(b)" substitute "(a)".
14Amendment of section 86
In section 86 of the Emergency Management Act 2013, in proposed new section 61D of the Forests Act 1958, after "powers" insert "under section 62(2)(a)".
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Part 4—Emergency Services Telecommunications Authority Act 2004
15Amendment of Part 4—Particular Functions, Powers and Duties
After Division 3 of Part 4 of the Emergency Services Telecommunications Authority Act 2004 insert—
"Division 4—Emergency Warning and Advisory Services
32AFunction and powers relating to emergency warning and advisory services
(1)This section applies if the Authority receives a request in writing from the Chief Executive of Emergency Management Victoria to perform a function or exercise a power under this section.
(2)If this section applies, the Authority has the function of providing emergency warning and advisory services, including the administration of contracts for the provision of the services, specified in the request.
(3)The Authority has all the powers necessary to perform the function under this section.
32BLimitation on section 32A
(1)A request under section 32A(1) must not be inconsistent with any directions given to the Authority by the Minister under section 20.
(2)Directions given by the Minister under section 20 prevail to the extent of any inconsistency with a request under section 32A(1).
(3)The Authority must perform a function and exercise powers under section 32A subject to this section.".
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Part 5—Repeal
16Repeal of amending Act
This Act is repealed on 1 July 2016.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 26 March 2014
Legislative Council: 8 May 2014
The long title for the Bill for this Act was "A Bill for an Act to amend the Country Fire Authority Act 1958, the Emergency Management Act 1986, the Emergency Management Act 2013 and the Emergency Services Telecommunications Authority Act 2004 and for other purposes."
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