STATUTES AMENDMENT (DUTIES TO PREVENT FIRES) BILL 2003

Contents

Part 1—Preliminary

1.Short title

2.Amendment provisions

Part 2—Amendment of Country Fires Act 1989

3.Amendment of section 40—Private land

4.Amendment of section 50—Failure on part of a council to exercise or discharge powers, functions or responsibilities

5.Insertion of section 50A

50A.Failure on part of Crown instrumentality to discharge responsibilities

Part 3—Amendment of South Australian Metropolitan Fire Service Act 1936

6.Insertion of section 82A

82A.Appropriation of penalties

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

Short title

1. This Act may be cited as the Statutes Amendment (Duties to Prevent Fires) Act 2003.

Amendment provisions

2. In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Country Fires Act 1989

Amendment of section 40—Private land

3. (1) Definition of "the responsible authority"—delete the definition and substitute:

"relevant authority" means—

(a)in relation to land within the area of a council—the council for the area;

(b)in relation to land outside the area of a council—the Board,

and, in addition, if the Board is acting under section 50(2), or the Minister has vested relevant powers or functions of a council in a C.F.S. officer under section 50(5) or (7)(a), a reference in this section to the responsible authority will be taken to be a reference to the Board (in addition to the relevant council), or to that officer (in substitution for the relevant council), as the case requires.

(2)Section 40(2), penalty provision—delete the penalty provision and substitute:

Maximum penalty:$10 000.

(3)Section 40(5), penalty provision—delete the penalty provision and substitute:

Maximum penalty:$20 000.

(4)Section 40(18), penalty provision—delete the penalty provision and substitute:

Maximum penalty:$20 000 or imprisonment for 2 years.

Amendment of section 50—Failure on part of a council to exercise or discharge powers, functions or responsibilities

4. (1) Section 50(1)—delete "powers or functions" and substitute:

powers, functions or responsibilities

(2)Section 50(2)—delete subsection (2) and substitute:

(2) Without limiting the generality of subsection (1), the Board may—

(a)exercise any power of the council as a responsible authority under section 40;

(b)refer to the Minister to whom the administration of the Local Government Act 1999 has been committed any failure on the part of the council to discharge its responsibilities under section 41 (with a view to that Minister taking action in relation to the council under that Act);

(c)recommend to the Minister that the powers and functions of the council under this Act be withdrawn.

(3)Section 50(4)—delete "under subsection (2)" and substitute:

subsection (2)(c)

Insertion of section 50A

5. After section 50 insert:

Failure on part of Crown instrumentality to discharge responsibilities

50A. (1) If, in the opinion of the Board, a Minister, agency or instrumentality of the Crown fails to discharge its responsibility under section 42, the Board may refer the matter to the Minister.

(2) If a matter is referred to the Minister under subsection (1), the Minister must ensure that a written response, setting out the action that the Minister has taken or proposes to take, is provided to the Board within 28 days after the referral of the matter to the Minister.

(3) The Minister must—

(a)at the same time as the Minister provides a response under subsection (2)—provide a copy of the initial correspondence from the Board, and of the Minister's response to the Board, to any member of the House of Assembly whose electoral district includes any part of the land in question; and

(b)within 3 sitting days after the Minister provides a response under subsection (2)—cause a report on the matter to be provided to both Houses of Parliament.

Part 3—Amendment of South Australian Metropolitan Fire Service Act 1936

Insertion of section 82A

6. After section 82 insert:

Appropriation of penalties

82A. (1) Subject to subsection (2), all money recovered as fines for offences against this Act will be paid into the Consolidated Account.

(2) If an offence was committed within the area of a council and the complaint was laid by the council for that area (or an officer of that council), any fine recovered from the defendant will be paid into the general revenue of that council.

Printed under the authority of the Government Printer

South Australian Bills

STATUTES AMENDMENT (DUTIES TO PREVENT FIRES) BILL 2003