Untitled document

Fire and Emergency Services Acts (Amendment)

Act 1998

Act No. 11/1998

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—FIRE AUTHORITIES LEGISLATION 3

3.	Principal Act	3
4.	Industry brigades	3
5.	Regional fire prevention committees	3
6.	Municipal fire prevention committees	3
7.	Statute law revision	4
8.	Statute law revision—Amendment of Fire Authorities
(Contributions) Act 1989	4

PART 3—VICTORIA STATE EMERGENCY SERVICE ACT 1987 5

9.	Principal Act	5
10.	Examination etc.	5
11.	Statute law revision	5

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NOTES 6

i

Victoria

No. 11 of 1998

Fire and Emergency Services Acts

(Amendment) Act 1998†

[Assented to 28 April 1998]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a) to amend the Country Fire Authority Act 1958 to—

(i)  allow industry brigades to join or form groups of brigades;

Fire and Emergency Services Acts (Amendment) Act 1998

Act No. 11/1998 s. 2

(ii)

allow industry brigades to be Committees;

(b) to amend the Victoria State Emergency Service Act 1987 to require a controller or member or probationary member of the Service to produce medical evidence to satisfy the Director of their fitness;

(c) to make statute law revision changes.

2. Commencement

(1) Subject to this section, this Act comes into

operation on the day on which it receives the

Royal Assent.

(2) Section 8 is deemed to have come into operation

on 5 December 1989.

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Fire and Emergency Services Acts (Amendment) Act 1998

s. 3 Act No. 11/1998

PART 2—FIRE AUTHORITIES LEGISLATION

3. Principal Act

No. 6228.	In this Part, the Country Fire Authority Act
Reprint No. 8
as at	1958 is called the Principal Act.
1 January 1998. Further amended by No. 104/1997.

4. Industry brigades

In section 23A of the Principal Act, sub-section

(5) is repealed.

5. Regional fire prevention committees

(1) In section 52(2) of the Principal Act, after

paragraph (b) insert—

"(ba) not more than two representatives (appointed

by the Authority after nomination by the
relevant owner or group of relevant owners
who formed each industry brigade in the
group concerned) of each group of industry

brigades operating within the region;".

(2) After section 52(3) of the Principal Act insert—

"(4) A regional fire prevention committee is deemed to be the same body despite any change to its membership arising from the

amendment of this section by section 5(1) of
the Fire and Emergency Services Acts

(Amendment) Act 1998.".

6. Municipal fire prevention committees

(1) In section 54(2) of the Principal Act, after

paragraph (b) insert—
"(ba) one representative (appointed by the

Authority after nomination by the relevant owner or group of relevant owners who

Fire and Emergency Services Acts (Amendment) Act 1998

Act No. 11/1998 s. 7

formed the industry brigade) of each industry

brigade operating within the area;".

(2) After section 54(5) of the Principal Act insert—

"(6) A municipal fire prevention committee is deemed to be the same body despite any change to its membership arising from the

amendment of this section by section 6(1) of
the Fire and Emergency Services Acts

(Amendment) Act 1998.".

7. Statute law revision

In section 110(1) of the Principal Act—

(a)	in paragraph (aa) (where secondly occurring), for "(aa)" substitute "(zc)";
(b)	in paragraph (ab) (where secondly occurring), for "(ab)" substitute "(zd)".

8.  Statute law revision—Amendment of Fire Authorities (Contributions) Act 1989

In section 7(c) of the Fire Authorities	No. 91/1989.
(Contributions) Act 1989, for "section 26(7)" substitute "section 26(10)".

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Fire and Emergency Services Acts (Amendment) Act 1998

s. 9 Act No. 11/1998

PART 3—VICTORIA STATE EMERGENCY SERVICE ACT

1987

9. Principal Act

No. 57/1987.	In this Part, the Victoria State Emergency
Reprint No. 1
as at 16	Service Act 1987 is called the Principal Act.
March 1995.

10. Examination etc.

At the end of section 15 of the Principal Act
insert—

"(2) If a controller or registered member or

probationary member does not produce
medical evidence required by the Director

under sub-section (1), the Director may—

(a)	suspend the registration as a member or probationary member of that controller, registered member or probationary
member until he or she produces medical evidence to demonstrate the level of fitness required of a registered member; or
(b)	probationary member of that controller,

cancel the registration as a member or member.".

11. Statute law revision

(1) Sections 32 and 33 of the Principal Act are

repealed.

(2) In section 34(a) of the Principal Act, for

"immmediately" substitute "immediately".

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Fire and Emergency Services Acts (Amendment) Act 1998

Act No. 11/1998 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 19 February 1998

Legislative Council: 7 April 1998

The long title for the Bill for this Act was "to amend the Country Fire
Authority Act 1958 and the Victoria State Emergency Service Act
1987 and the Fire Authorities (Contributions) Act 1989 and for other
purposes."