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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Fire and Emergency Services Legislation
Amendment Bill 2001
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments to the Fire and
Emergency Services Authority of
Western Australia Act 1998
3. The Act amended 3
4. Section 3 amended 3
5. Section 6 amended 6
6. Section 7 amended 6
7. Section 11 amended 6
8. Section 12 amended 7
9. Section 13 amended 7
10. Sections 15 and 16 replaced 8
11. Parts 3A, 3B and 3C inserted 10
12. Section 22 amended 19
13. Section 37 amended 20
14. Sections 38A, 38B and 38C inserted 21
Part 3 -- Amendments to the Bush
Fires Act 1954
15. The Act amended 24
16. Section 4 amended 24
17. Section 6 repealed 24
18. Section 7 amended 24
19. Section 13 amended 25
page i
75--2B
Fire and Emergency Services Legislation Amendment Bill 2001
Contents
20. Section 14 amended 25
21. Section 17 amended 26
22. Section 18 amended 26
23. Section 21 amended 27
24. Sections 24C to 24G inserted 27
25. Section 25 amended 31
26. Section 25A amended 31
27. Section 25B repealed and transitional 32
28. Section 33 amended 33
29. Section 38 amended 33
30. Section 38A inserted 33
31. Section 39 amended 34
32. Section 41 amended 34
33. Section 42 amended 34
34. Section 42A inserted 35
35. Section 48 replaced 35
36. Section 59 amended 36
37. Section 59A amended 36
38. Section 64 amended 36
39. Various sections amended -- penalties 36
40. Various sections amended -- authorised CALM
officers 37
41. Consequential amendment to Conservation and Land
Management Act 1984 38
Part 4 -- Amendments to the Fire
Brigades Act 1942
42. The Act amended 39
43. Section 3 repealed 39
44. Section 4 amended 39
45. Section 5 amended, and transitional 39
46. Section 5A amended 40
47. Section 25 amended 41
48. Section 26A replaced 41
49. Section 31 amended, and consequential amendments 43
50. Section 33 amended 44
51. Section 33A amended 44
52. Section 34 amended 44
53. Section 35 amended 45
54. Section 35A amended and transitional 45
page ii
Fire and Emergency Services Legislation Amendment Bill 2001
Contents
55. Section 36 amended 46
56. Section 39 amended 46
57. Section 44 amended 46
58. Section 47A amended 46
59. Section 65 amended 47
60. First Schedule repealed 47
61. Third Schedule repealed 47
62. Fire Brigades Amendment Act (No. 2) 1982 repealed 47
Part 5 -- Amendments to the Fire
Brigades Superannuation Act 1985
63. The Act amended 48
64. Long title amended 48
65. Section 1 amended 48
66. Section 3 amended 48
67. Heading to Part II replaced 49
68. Section 4 amended 49
69. Section 5 amended 50
70. Section 6 amended 51
71. Section 7 amended 51
72. Section 32 amended 51
73. Schedule 1 replaced 52
74. Consequential amendments 52
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Fire and Emergency Services Legislation
Amendment Bill 2001
A Bill for
An Act to amend --
• the Fire and Emergency Services Authority of Western Australia
Act 1998;
• the Bush Fires Act 1954;
• the Fire Brigades Act 1942; and
• the Fire Brigades Superannuation Act 1985,
to make consequential amendments to various other Acts, to repeal
the Fire Brigades Amendment Act (No. 2) 1982, and for related
purposes.
The Parliament of Western Australia enacts as follows:
page 1
Fire and Emergency Services Legislation Amendment Bill 2001
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Fire and Emergency Services
Legislation Amendment Act 2001.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire and Emergency Services Authority of Part 2
Western Australia Act 1998
s. 3
Part 2 -- Amendments to the Fire and Emergency
Services Authority of Western Australia Act 1998
3. The Act amended
The amendments in this Part are to the Fire and Emergency
5 Services Authority of Western Australia Act 1998*.
[* Act No. 41 of 1998.
For subsequent amendments see Act No. 10 of 2001.]
4. Section 3 amended
(1) Section 3 is amended by inserting the following definitions in
10 the appropriate alphabetical positions --
"
"assistance operation" means an operation to provide
assistance to --
(a) the Authority;
15 (b) a brigade (as defined in the Fire Brigades
Act 1942);
(c) a bush fire brigade (as defined in the Bush
Fires Act 1954);
(d) an SES Unit;
20 (e) a VMRS Group;
(f) the Police Service; or
(g) any other agency, organisation or body that
provides emergency services,
in performing its functions;
25 "FESA activities" means --
(a) the prevention, control and extinguishment
of fires;
(b) the prevention and control of other incidents;
page 3
Fire and Emergency Services Legislation Amendment Bill 2001
Part 2 Amendments to the Fire and Emergency Services Authority of
Western Australia Act 1998
s. 4
(c) the provision of emergency services in
relation to incidents;
(d) the protection and saving of life and property
endangered by incidents;
5 (e) the promotion of the safety of life and
property from incidents;
(f) the rendering safe of the sites of incidents;
(g) the carrying out of --
(i) rescue operations;
10 (ii) search and rescue operations;
(iii) marine search and rescue operations;
(iv) assistance operations;
(v) monitoring activities;
"hazardous material incident" means an actual or
15 impending spillage or other escape of anything the
spillage or escape of which causes or threatens to
cause injury or death, or damage to property or to
the environment;
"incident" means --
20 (a) a fire
(b) a hazardous material incident;
(c) a natural disaster; or
(d) an accident or other event that may require
the carrying out of --
25 (i) a rescue operation;
(ii) a search and rescue operation;
(iii) a marine search and rescue operation;
(iv) an assistance operation;
(v) a monitoring activity;
page 4
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire and Emergency Services Authority of Part 2
Western Australia Act 1998
s. 4
"marine search and rescue operation" means a
search and rescue operation that is carried out at
sea or in, on or around any body of water;
"monitoring activity" means an activity carried out
5 for the purpose of finding out about the occurrence
of events that might result in a marine search and
rescue operation being required (such as
monitoring marine radio frequencies or keeping
watch for distress flares or signals);
10 "natural disaster" means a flood, cyclone or other
storm, earthquake, tsunami or other prescribed
event;
"rescue operation" means an operation to rescue or
recover a person or property endangered as a result
15 of an accident, explosion or other similar event;
"search and rescue operation" means an operation to
search for, and if necessary rescue or recover, a
person or property who or which is lost or
endangered as a result of a natural disaster,
20 accident or other event;
"SES Unit" means a group of persons approved by the
Authority under section 18C;
"VMRS Group" means a group of persons approved
by the Authority under section 18H.
25 ".
(2) Section 3 is amended as follows:
(a) by deleting the definition of "emergency services
volunteers";
(b) at the end of the definition of "the emergency services
30 Act" by deleting the full stop and inserting a semicolon
instead.
page 5
Fire and Emergency Services Legislation Amendment Bill 2001
Part 2 Amendments to the Fire and Emergency Services Authority of
Western Australia Act 1998
s. 5
5. Section 6 amended
Section 6(1) is amended as follows:
(a) in paragraph (b) by deleting "3" and inserting instead --
" 4 ";
5 (b) by deleting paragraph (c) and inserting the following
paragraphs instead --
"
(c) one person who, in the Minister's opinion,
represents members and officers of a private
10 fire brigade or volunteer fire brigade, as those
terms are defined in the Fire Brigades
Act 1942;
(ca) one person who, in the Minister's opinion,
represents volunteer fire fighters, within the
15 meaning of the Bush Fires Act 1954;
(cb) one person who, in the Minister's opinion,
represents members of SES Units;
(cc) one person who, in the Minister's opinion,
represents members of VMRS Groups; and
20 (cd) one person who, in the Minister's opinion,
represents members of staff;
".
6. Section 7 amended
Section 7(1) is amended by inserting after "(c)," --
25 " (ca), (cb), (cc), (cd), ".
7. Section 11 amended
Section 11(1) is amended by inserting after "in it by" --
" or under ".
page 6
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire and Emergency Services Authority of Part 2
Western Australia Act 1998
s. 8
8. Section 12 amended
(1) After section 12(2)(c) the following paragraph is inserted --
"
(ca) make such charges as it determines for anything
5 done by it in the performance of its functions
under section 26A of the Fire Brigades
Act 1942;
".
(2) Section 12(2)(d) is amended by inserting after
10 "paragraph (c)" --
" or (ca) ".
(3) After section 12(2) the following subsection is inserted --
"
(2a) Subsection (2)(c) and (ca) do not apply in relation to
15 any facility, service or other thing in respect of which
rent, fees or charges may be prescribed under an
emergency services Act.
".
9. Section 13 amended
20 (1) Section 13(2) is repealed and the following subsection is
inserted instead --
"
(2) The following names are operational names --
(a) Bush Fire Service of Western Australia;
25 (b) FESA Fire and Emergency Services;
(c) FESA Fire Services;
(d) Fire and Rescue Service of Western Australia;
(e) State Emergency Service; and
(f) Volunteer Marine Rescue Services.
30 ".
page 7
Fire and Emergency Services Legislation Amendment Bill 2001
Part 2 Amendments to the Fire and Emergency Services Authority of
Western Australia Act 1998
s. 10
(2) After section 13(3) the following subsection is inserted --
"
(4) If a group of persons (a "brigade") is both a bush fire
brigade under the Bush Fires Act 1954 and a volunteer
5 brigade under the Fire Brigades Act 1942, the brigade
may, with the approval of the Authority, operate under
the name FESA Fire Services Brigade or any other
name approved by the Authority.
".
10 10. Sections 15 and 16 replaced
Sections 15 and 16 are repealed and the following sections are
inserted instead --
"
15. Delegation by Minister and Authority
15 (1) The Minister may, in writing, delegate to the Authority
the performance of any of the Minister's functions
under the emergency services Acts.
(2) The Authority may, in writing, delegate --
(a) to the chief executive officer -- the
20 performance of any of the Authority's functions
under the emergency services Acts;
(b) to a member of an SES Unit -- any of its
powers under section 18B;
(c) to a member of a VMRS Group -- any of its
25 powers under section 18G; and
(d) to a member of a FESA Unit -- any of its
powers under section 18L.
page 8
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire and Emergency Services Authority of Part 2
Western Australia Act 1998
s. 10
(3) Performance by a delegate of a function delegated
under subsection (1) or (2) --
(a) is taken to be in accordance with the terms of a
delegation under this section, unless the
5 contrary is shown; and
(b) is to be treated as performance by the delegator.
(4) Except as provided in section 16 a delegation under
this section does not include the power to subdelegate.
(5) Nothing in this section is to be read as limiting the
10 ability of the Authority to act through the board,
members of staff or agents in the normal course of
business.
16. Subdelegation
(1) The Minister may, in an instrument by which a
15 function is delegated under section 15(1), authorise the
Authority to subdelegate that function to --
(a) the chief executive officer;
(b) a member; or
(c) a member of staff.
20 (2) The Authority may, in an instrument by which a
function is delegated under section 15(2)(a), authorise
the chief executive officer to subdelegate that function
to --
(a) a member;
25 (b) a member of staff; or
(c) a consultative committee.
(3) A subdelegation under this section must be made in
writing.
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Fire and Emergency Services Legislation Amendment Bill 2001
Part 2 Amendments to the Fire and Emergency Services Authority of
Western Australia Act 1998
s. 11
(4) Performance by a subdelegate of a function
subdelegated under subsection (1) or (2) --
(a) is taken to be in accordance with the terms of a
subdelegation under this section, unless the
5 contrary is shown; and
(b) is to be treated as performance by the delegator
who made the original delegation under
section 15.
(5) Sections 58 and 59 of the Interpretation Act 1984 apply
10 to a subdelegation under this section in the same way
as they apply to a delegation.
".
11. Parts 3A, 3B and 3C inserted
After section 18 the following Parts are inserted --
15 "
Part 3A -- State Emergency Service
18A. Functions of the Authority
The functions of the Authority under this Part are --
(a) to manage the provision of emergency services
20 in relation to natural disasters;
(b) to provide for the carrying out of search and
rescue operations;
(c) to promote the safety of life and property from
natural disasters, accidents and other events that
25 may require search and rescue operations to be
carried out;
(d) to provide for the carrying out of assistance
operations; and
(e) to have general responsibility for all SES Units.
page 10
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire and Emergency Services Authority of Part 2
Western Australia Act 1998
s. 11
18B. Powers of the Authority
(1) The Authority may do all things necessary or
convenient to be done for or in connection with the
performance of its functions under this Part.
5 (2) Without limiting subsection (1), for the purpose of
performing its functions under this Part the Authority
may --
(a) provide equipment and training to SES Units;
and
10 (b) carry out the functions of an SES Unit.
(3) Without limiting subsection (1), for the purpose of --
(a) protecting and saving life and property
endangered by a natural disaster;
(b) rendering safe the site of a natural disaster;
15 (c) carrying out a search and rescue operation; or
(d) carrying out an assistance operation,
the Authority may --
(e) enter any land, building, area of water or other
place;
20 (f) take control of or make use of any land,
building, vehicle, vessel or other thing;
(g) damage or destroy any building, vehicle, vessel
or other thing;
(h) move any vehicle, vessel or other movable
25 thing;
(i) subject to the regulations, disconnect or shut off
any electricity, gas, water or fuel supply, or any
drainage facility, or any other service; and
(j) restrict or prohibit the movement of persons
30 and vehicles including, if necessary, by the
closure of roads.
page 11
Fire and Emergency Services Legislation Amendment Bill 2001
Part 2 Amendments to the Fire and Emergency Services Authority of
Western Australia Act 1998
s. 11
(4) In exercising a power under subsection (3) the
Authority may use such force as is reasonably
necessary.
18C. Approval of SES Units
5 (1) The Authority may, by notice in the Gazette, approve
as an SES Unit any group of persons, however
constituted and whether incorporated or not, that it
considers to be appropriate for approval as an SES
Unit.
10 (2) The Authority may, by notice in the Gazette, cancel the
approval of an SES Unit if the Authority considers that
it is no longer appropriate for the Unit to be approved.
(3) The Authority must keep a register of SES Units
approved under subsection (1) and their members.
15 18D. Register of members of SES Unit
An SES Unit must --
(a) maintain a register of its members in
accordance with the regulations; and
(b) notify the Authority as soon as practicable after
20 any change occurs in any of the details required
by the regulations to be recorded in that
register.
18E. Functions of an SES Unit
(1) The functions of an SES Unit are --
25 (a) to take all practicable measures --
(i) for protecting and saving life and
property endangered by natural
disasters; and
(ii) for rendering safe the site of natural
30 disasters;
page 12
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire and Emergency Services Authority of Part 2
Western Australia Act 1998
s. 11
(b) to carry out search and rescue operations;
(c) to promote the safety of life and property from
natural disasters, accidents and other events that
may require search and rescue operations to be
5 carried out; and
(d) to carry out assistance operations.
(2) For the purposes of performing its functions an SES
Unit may --
(a) acquire and maintain equipment;
10 (b) carry out training activities and exercises;
(c) carry out demonstrations and other public
education activities;
(d) carry out fundraising and promotional
activities;
15 (e) organise and participate in competitions;
(f) carry out any activities that are reasonably
incidental to the performance of its functions
(such as travelling, providing communications
systems and providing meals); and
20 (g) carry out any other activities that are, or are in a
class of activities that is, prescribed.
Part 3B -- Volunteer Marine Rescue Services
18F. Functions of the Authority
The functions of the Authority under this Part are --
25 (a) to provide for the carrying out of monitoring
activities and marine search and rescue
operations;
(b) to promote the safety of life and property from
natural disasters, accidents and other events that
page 13
Fire and Emergency Services Legislation Amendment Bill 2001
Part 2 Amendments to the Fire and Emergency Services Authority of
Western Australia Act 1998
s. 11
may require marine search and rescue
operations to be carried out;
(c) to provide for the carrying out of assistance
operations; and
5 (d) to have general responsibility for all VMRS
Groups.
18G. Powers of Authority
(1) The Authority may do all things necessary or
convenient to be done for or in connection with the
10 performance of its functions under this Part.
(2) Without limiting subsection (1), for the purpose of
performing its functions under this Part the Authority
may --
(a) provide equipment and training to VMRS
15 Groups; and
(b) carry out the functions of a VMRS Group.
(3) Without limiting subsection (1), for the purpose of
carrying out a marine search and rescue operation or an
assistance operation the Authority may --
20 (a) enter any land, building, area of water or other
place;
(b) take control of or make use of any land, area of
water, building, vehicle, vessel or other thing;
(c) damage or destroy any building, vehicle, vessel
25 or other thing;
(d) move any vehicle, vessel or other movable
thing;
(e) subject to the regulations, disconnect or shut off
any electricity, gas, water or fuel supply, or any
30 drainage facility, or any other service; and
page 14
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire and Emergency Services Authority of Part 2
Western Australia Act 1998
s. 11
(f) restrict or prohibit the movement of persons,
vehicles and vessels, including, if necessary, by
the closure of roads or areas of water.
(4) In exercising a power under subsection (3) the
5 Authority may use such force as is reasonably
necessary.
18H. Approval of VMRS Groups
(1) The Authority may, by notice in the Gazette, approve
as a VMRS Group any group of persons, however
10 constituted and whether incorporated or not, that it
considers to be appropriate for approval as a VMRS
Group.
(2) The Authority may, by notice in the Gazette, cancel the
approval of a VMRS Group if the Authority considers
15 that it is no longer appropriate for the Group to be
approved.
(3) The Authority must keep a register of VMRS Groups
approved under subsection (1) and their members.
18I. Register of members of VMRS Group
20 A VMRS Group must --
(a) maintain a register of its members in
accordance with the regulations; and
(b) notify the Authority as soon as practicable after
any change occurs in any of the details required
25 by the regulations to be recorded in that
register.
18J. Functions of a VMRS Group
(1) The functions of a VMRS Group are --
(a) to carry out monitoring activities and marine
30 search and rescue operations;
page 15
Fire and Emergency Services Legislation Amendment Bill 2001
Part 2 Amendments to the Fire and Emergency Services Authority of
Western Australia Act 1998
s. 11
(b) to promote the safety of life and property from
natural disasters, accidents and other events that
may require marine search and rescue
operations to be carried out; and
5 (c) to carry out assistance operations.
(2) For the purposes of performing its functions a VMRS
Group may --
(a) acquire and maintain equipment;
(b) carry out training activities and exercises;
10 (c) carry out demonstrations and other public
education activities;
(d) carry out fundraising and promotional
activities;
(e) organise and participate in competitions;
15 (f) carry out any activities that are reasonably
incidental to the performance of its functions
(such as travelling, providing communications
systems and providing meals); and
(g) carry out any other activities that are, or are in a
20 class of activities that is, prescribed.
Part 3C -- FESA Units
18K. Functions of the Authority
The functions of the Authority under this Part are --
(a) to provide for the performance of FESA
25 activities; and
(b) to have general responsibility for all FESA
Units.
page 16
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire and Emergency Services Authority of Part 2
Western Australia Act 1998
s. 11
18L. Powers of the Authority
(1) The Authority may do all things necessary or
convenient to be done for or in connection with the
performance of its functions under this Part.
5 (2) Without limiting subsection (1), for the purpose of
performing its functions under this Part the Authority
may --
(a) perform FESA activities;
(b) authorise a FESA Unit to perform FESA
10 activities; and
(c) provide equipment and training to FESA Units.
(3) Without limiting subsection (1), for the purpose of
performing FESA activities the Authority may --
(a) enter any land, building, area of water or other
15 place;
(b) take control of or make use of any land, area of
water, building, vehicle, vessel or other thing;
(c) damage or destroy any building, vehicle, vessel
or other thing;
20 (d) move any vehicle, vessel or other movable
thing;
(e) subject to the regulations, disconnect or shut off
any electricity, gas, water or fuel supply, or any
drainage facility, or any other service; and
25 (f) restrict or prohibit the movement of persons
and vehicles including, if necessary, by the
closure of roads or any area of water.
(4) In exercising a power under subsection (3) the
Authority may use such force as is reasonably
30 necessary.
page 17
Fire and Emergency Services Legislation Amendment Bill 2001
Part 2 Amendments to the Fire and Emergency Services Authority of
Western Australia Act 1998
s. 11
(5) An authorisation under subsection (2)(b) may be made
subject to any conditions, qualifications, limitations or
exceptions the Authority considers appropriate.
18M. Approval of FESA Units
5 (1) The Authority may, by notice in the Gazette, approve
as a FESA Unit any group of persons, however
constituted and whether incorporated or not, that it
considers to be appropriate for approval as a FESA
Unit.
10 (2) The Authority may, by notice in the Gazette, cancel the
approval of a FESA Unit if the Authority considers that
it is no longer appropriate for the Unit to be approved.
(3) The Authority must keep a register of FESA Units
approved under subsection (1) and their members.
15 18N. Register of members of FESA Unit
A FESA Unit must --
(a) maintain a register of its members in
accordance with the regulations; and
(b) notify the Authority as soon as practicable after
20 any change occurs in any of the details required
by the regulations to be recorded in that
register.
18O. Functions of a FESA Unit
(1) The function of a FESA Unit is to perform those FESA
25 activities that the Authority authorises the Unit to
perform under section 18L(2)(b).
(2) For the purposes of performing its functions a FESA
Unit may --
(a) acquire and maintain equipment;
30 (b) carry out training activities and exercises;
page 18
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire and Emergency Services Authority of Part 2
Western Australia Act 1998
s. 12
(c) carry out demonstrations and other public
education activities;
(d) carry out fundraising and promotional
activities;
5 (e) organise and participate in competitions;
(f) carry out any activities that are reasonably
incidental to the performance of its functions
(such as travelling, providing communications
systems and providing meals); and
10 (g) carry out any other activities that are, or are in a
class of activities that is, prescribed.
".
12. Section 22 amended
Section 22(1) is amended as follows:
15 (a) by deleting "3" and inserting instead --
" 4 ";
(b) after paragraph (b) by deleting "and";
(c) at the end of paragraph (c) by deleting the full stop and
inserting instead --
20 " ; and ";
(d) after paragraph (c) by inserting the following
paragraph --
"
(d) Volunteer Marine Rescue Services Consultative
25 Committee.
".
page 19
Fire and Emergency Services Legislation Amendment Bill 2001
Part 2 Amendments to the Fire and Emergency Services Authority of
Western Australia Act 1998
s. 13
13. Section 37 amended
(1) After section 37(1) the following subsection is inserted --
"
(1a) Without limiting subsection (1) a person is taken to be
5 performing a function under an emergency services Act
if the person is --
(a) a member or officer of a private fire brigade or
a volunteer fire brigade who is taking part in an
activity carried out by the brigade for the
10 purposes for which it was formed;
(b) a volunteer fire fighter who is carrying out
normal brigade activities (within the meaning
of the Bush Fires Act 1954);
(c) taking part in the performance by an SES Unit
15 of its functions under Part 3A and is either --
(i) a member of the SES Unit; or
(ii) acting under the direction of a member
of the SES Unit or a member of staff;
(d) taking part in the performance by a VMRS
20 Group of its functions under Part 3B and is
either --
(i) a member of the VMRS Group; or
(ii) acting under the direction of a member
of the VMRS Group or a member of
25 staff;
or
(e) taking part in the performance by a FESA Unit
of its functions under Part 3C and is either --
(i) a member of the FESA Unit; or
30 (ii) acting under the direction of a member
of the FESA Unit or a member of staff.
".
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Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire and Emergency Services Authority of Part 2
Western Australia Act 1998
s. 14
(2) Section 37(2) is amended by deleting "vehicle." and inserting
instead --
"
vehicle if, at the time of the death or bodily injury --
5 (a) the vehicle was owned or was being driven by a
person who, but for subsection (1), would incur
liability in respect of the death or injury; and
(b) there was in force in respect of the vehicle a
contract of insurance in accordance with
10 section 4 of the Motor Vehicle (Third Party
Insurance) Act 1943 or the corresponding
legislation of a State or Territory prescribed for
the purposes of section 3(4) of that Act.
".
15 (3) Section 37(6) is amended as follows:
(a) by inserting after paragraph (a) --
" and ";
(b) at the end of paragraph (b) by deleting "; and" and
inserting a full stop instead;
20 (c) by deleting paragraph (c).
14. Sections 38A, 38B and 38C inserted
After section 38 the following sections are inserted --
"
38A. Offences in relation to SES and VMRS operations
25 (1) A person must not obstruct or hinder a relevant officer
in the performance of the officer's functions under
Part 3A or 3B.
Penalty: $5 000.
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Fire and Emergency Services Legislation Amendment Bill 2001
Part 2 Amendments to the Fire and Emergency Services Authority of
Western Australia Act 1998
s. 14
(2) A person must not wilfully damage or interfere with --
(a) the property of an SES Unit, a VMRS Group or
a FESA Unit; or
(b) any property of the Authority used for the
5 performance of its functions under Part 3A, 3B
or 3C.
Penalty: $5 000.
(3) In this section --
"relevant officer" means --
10 (a) a member of staff; or
(b) a member of an SES Unit, a VMRS Group or
a FESA Unit,
who is performing a function under Part 3A, 3B or
3C.
15 38B. Improper use of names, symbols etc.
(1) Unless authorised under an emergency services Act or
in writing by the chief executive officer, a person must
not use --
(a) the name of the Authority or an operational
20 name (within the meaning of section 13);
(b) any abbreviation of any of those names;
(c) a prescribed symbol; or
(d) any symbol that so closely resembles a
prescribed symbol that it is capable of being
25 mistaken for it.
Penalty: $5 000.
page 22
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire and Emergency Services Authority of Part 2
Western Australia Act 1998
s. 14
(2) Unless authorised under an emergency services Act or
in writing by the chief executive officer, a person must
not --
(a) use any name, title, description or symbol that
5 expresses or implies an association with the
Authority; or
(b) otherwise represent that the person is associated
with the Authority.
Penalty: $5 000.
10 (3) In this section --
"symbol" includes a logo, insignia, emblem, design or
other identifying mark.
38C. Impersonation of member of staff or volunteer
A person must not falsely represent, by words or
15 conduct, that he or she is --
(a) a member of staff;
(b) a member or officer of a private fire brigade or
volunteer fire brigade, as those terms are
defined in the Fire Brigades Act 1942;
20 (c) a volunteer fire fighter, within the meaning of
the Bush Fires Act 1954; or
(d) a member of an SES Unit, a VMRS Group or a
FESA Unit.
Penalty: $5 000.
25 ".
page 23
Fire and Emergency Services Legislation Amendment Bill 2001
Part 3 Amendments to the Bush Fires Act 1954
s. 15
Part 3 -- Amendments to the Bush Fires Act 1954
15. The Act amended
The amendments in this Part, other than section 41, are to the
Bush Fires Act 1954*.
5 [* Reprinted as at 20 January 1997.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 48-9.]
16. Section 4 amended
Section 4(a) is amended by deleting "Forests Act 1918" and
10 inserting instead --
" Conservation and Land Management Act 1984 ".
17. Section 6 repealed
Section 6 is repealed.
18. Section 7 amended
15 Section 7 is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
"
"authorised CALM officer" means a wildlife officer,
20 forest officer, ranger or conservation and land
management officer who is authorised for the
purposes of section 45(3a) of the Conservation
and Land Management Act 1984;
";
25 (b) by deleting the definition of "forest officer".
page 24
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Bush Fires Act 1954 Part 3
s. 19
19. Section 13 amended
(1) Section 13(3) is amended by deleting "In" and inserting
instead --
" Subject to subsection (4), in ".
5 (2) After section 13(3) the following subsections are inserted --
"
(4) Where a bush fire is burning in the district of a local
government the Authority may, at the request of the
local government, authorise a bush fire liaison officer
10 to take control of all operations in relation to that fire.
(5) If a bush fire liaison officer takes control of all
operations in relation to a fire, all --
(a) bush fire control officers; and
(b) officers and members of a bush fire brigade,
15 who are present at the fire are in all respects subject to,
and are to act under, the bush fire liaison officer's
orders and directions.
".
20. Section 14 amended
20 Section 14 is amended as follows:
(a) at the beginning of the section by inserting the
subsection designation "(1)";
(b) at the end of the section by inserting the following
subsection --
25 "
(2) A bush fire liaison officer or a member of the police
force exercising the power conferred by
subsection (1)(e) may remove from the land or
building, and keep possession of, anything which may
30 tend to prove the origin of the fire.
".
page 25
Fire and Emergency Services Legislation Amendment Bill 2001
Part 3 Amendments to the Bush Fires Act 1954
s. 21
21. Section 17 amended
Section 17(12) is amended by deleting "$2 000 or 6 months'"
and inserting instead --
" $10 000 or 12 months' ".
5 22. Section 18 amended
(1) After section 18(4) the following subsection is inserted --
"
(4a) In any year in which the Authority considers that
seasonal conditions warrant a variation of the restricted
10 burning times in a zone, or part of a zone, of the State
the Authority may, by notice published in the Gazette,
vary the restricted burning times in respect of that year
in the zone or part of the zone by --
(a) shortening, extending, suspending or
15 reimposing a period of restricted burning times;
or
(b) imposing a further period of restricted burning
times.
".
20 (2) Section 18(5)(b) is amended by deleting "declared by the
Authority in respect of that zone by declaration published in the
Gazette." and inserting instead --
"
that would, in the absence of the variation
25 under this subsection, be part of the restricted
burning times for that zone in that year.
".
page 26
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Bush Fires Act 1954 Part 3
s. 23
(3) Section 18(12) is amended by deleting the penalty clause and
inserting the following clause instead --
"
Penalty: For a first offence $4 500.
5 For a second or subsequent offence $10 000.
".
23. Section 21 amended
Section 21(2)(a) is amended by deleting "$2 000 or 6 months' "
and inserting instead --
10 " $20 000 or 12 months' ".
24. Sections 24C to 24G inserted
After section 24B the following sections are inserted --
"
24C. Interpretation for sections 24C to 24G
15 In this section and sections 24D to 24G --
"burn garden refuse" means light or use a fire in the
open air for the purpose of destroying garden
refuse or rubbish or for any like purpose;
"limited burning times", in respect of a place,
20 means --
(a) the restricted burning times; and
(b) the prohibited burning times,
for that place but excluding any time when there is
in force a fire danger forecast issued for that place
25 by the Bureau of Meteorology in Perth of
"extreme" or "very high";
"rubbish tip" means a landfill site of a kind that is
prescribed for the purposes of Part V of the
Environmental Protection Act 1986;
30 "specified", in relation to a notice, means specified in
the notice.
page 27
Fire and Emergency Services Legislation Amendment Bill 2001
Part 3 Amendments to the Bush Fires Act 1954
s. 24
24D. Burning garden refuse prohibited if fire danger is
extreme or very high
A person must not burn garden refuse at any place at
any time when there is in force a fire danger forecast
5 issued for that place by the Bureau of Meteorology in
Perth of "extreme" or "very high".
Penalty: $3 000.
24E. Burning of garden refuse at rubbish tips
(1) A person must not burn garden refuse at a rubbish tip
10 during the limited burning times for the area in which
the tip is located unless it is burned in accordance with
a notice published under subsection (2).
Penalty: $10 000.
(2) On the recommendation of the Chief Executive Officer
15 the Minister may, by notice published in the Gazette,
permit the burning of garden refuse at a rubbish tip
during the limited burning times for the area in which
the tip is located.
(3) In a notice under subsection (2) the Minister --
20 (a) must specify --
(i) the person or class of persons to whom;
(ii) the area in which; and
(iii) the period during which,
the notice applies; and
25 (b) may impose such conditions on the burning of
garden refuse as the Minister considers
appropriate.
(4) The Minister may vary or cancel a notice under this
section by publishing a further notice.
page 28
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Bush Fires Act 1954 Part 3
s. 24
24F. Burning garden refuse during limited burning times
(1) A person must not burn garden refuse at a place (other
than a rubbish tip) during the limited burning times for
that place unless it is burned --
5 (a) in an incinerator in accordance with
subsection (2); or
(b) on the ground in accordance with
subsection (3).
Penalty: $3 000.
10 (2) Garden refuse burned in an incinerator is burned in
accordance with this subsection if --
(a) the incinerator is designed and constructed so
as to prevent the escape of sparks or burning
material;
15 (b) either --
(i) the incinerator is situated 2 metres or
more away from any building or fence;
or
(ii) if the incinerator is within 2 metres of a
20 building or fence, the local government
has given written permission for the
incinerator to be used;
(c) there is no inflammable material within
2 metres of the incinerator while it is in use;
25 (d) at least one person is present at the site of the
fire at all times until it is completely
extinguished; and
(e) when the fire is no longer required, the person
ensures that the fire is completely extinguished
30 by the application of water or earth.
page 29
Fire and Emergency Services Legislation Amendment Bill 2001
Part 3 Amendments to the Bush Fires Act 1954
s. 24
(3) Garden refuse burned on the ground is burned in
accordance with this subsection if --
(a) there is no inflammable material (other than
that being burned) within 5 metres of the fire at
5 any time while the fire is burning;
(b) the fire is lit between 6 p.m. and 11 p.m. and is
completely extinguished before midnight on the
same day;
(c) at least one person is present at the site of the
10 fire at all times until it is completely
extinguished; and
(d) when the fire is no longer required, the person
ensures that the fire is completely extinguished
by the application of water or earth.
15 (4) A local government must not give permission under
subsection (2)(b)(ii) unless it is satisfied that the use of
the incinerator is not likely to create a fire hazard.
24G. Minister or local government may further restrict
burning of garden refuse
20 (1) On the recommendation of the Chief Executive Officer
the Minister may, by notice published in the Gazette,
prohibit or impose restrictions on the burning of garden
refuse that is otherwise permitted under section 24F.
(2) A local government may, by notice published in the
25 Gazette and a newspaper circulating in its district,
prohibit or impose restrictions on the burning of garden
refuse within its district that is otherwise permitted
under section 24F.
(3) A person must not burn garden refuse contrary to a
30 prohibition or restriction imposed under this section.
Penalty: $3 000.
page 30
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Bush Fires Act 1954 Part 3
s. 25
(4) In a notice under this section the Minister or a local
government must specify --
(a) the person or class of persons to whom;
(b) the area in which; and
5 (c) the period during which,
the notice applies.
(5) The Minister or a local government may vary or cancel
a notice under subsection (1) or (2) by publishing a
further notice under the relevant subsection.
10 ".
25. Section 25 amended
Section 25(1) is amended as follows:
(a) by deleting "sections 25A and 25B" and inserting
instead --
15 " section 25A ";
(b) by deleting paragraphs (d) and (e).
26. Section 25A amended
Section 25A is amended as follows:
(a) by deleting "Authority" in the 2 places where it occurs
20 and inserting in each place instead --
" Chief Executive Officer ";
(b) by deleting "for the purpose of burning any trade refuse
from or in connection with an industry, trade, process or
operation (including the burning during testing
25 operations of gas or oil during the operation of drilling
for petroleum and the burning of gas or oil in connection
with the testing, operation, maintenance or repair of a
gas or oil pipeline)".
page 31
Fire and Emergency Services Legislation Amendment Bill 2001
Part 3 Amendments to the Bush Fires Act 1954
s. 27
27. Section 25B repealed and transitional
(1) Section 25B is repealed.
(2) Despite the repeal effected by subsection (1) a rubbish tip notice
that is in force immediately before the commencement day
5 continues in force until the day 5 years after the day on which
the notice was published in the Gazette, subject to the Bush
Fires Act 1954 (as amended by this Act), as if it were a notice
issued under section 24E of that Act, permitting the specified
local government to burn garden refuse at the specified place in
10 accordance with the specified conditions (if any).
(3) In subsection (2) --
"commencement day" means the day on which this section
comes into operation;
"rubbish tip notice" means --
15 (a) the Bush Fires (Section 25B) Notice 2000 -- Shire of
Broome issued by the Minister under section 25B of
the Bush Fires Act 1954 and published in the Gazette
on 28 April 2000;
(b) the Bush Fires (Section 25B) Notice 2000 -- Shire of
20 Williams issued by the Minister under section 25B of
the Bush Fires Act 1954 and published in the Gazette
on 18 August 2000; or
(c) the Bush Fires (Section 25B) Notice 2000 -- Shire of
Pingelly issued by the Minister under section 25B of
25 the Bush Fires Act 1954 and published in the Gazette
on 18 August 2000;
"specified", in relation to a rubbish tip notice, means specified
in the notice.
page 32
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Bush Fires Act 1954 Part 3
s. 28
28. Section 33 amended
Section 33(2a) is amended by deleting "section 31 of the
Interpretation Act 1918" and inserting instead --
" sections 75 and 76 of the Interpretation Act 1984 ".
5 29. Section 38 amended
Section 38(1) is amended by inserting after "officers shall" --
" subject to section 38A(2) ".
30. Section 38A inserted
After section 38 the following section is inserted --
10 "
38A. Authority may appoint Chief Bush Fire Control
Officer
(1) At the request of a local government the Authority may
appoint a member of staff (as defined in the FESA Act)
15 to be the Chief Bush Fire Control Officer for the
district of that local government.
(2) Where a Chief Bush Fire Control Officer has been
appointed under subsection (1) for a district the local
government is not to appoint a Chief Bush Fire Control
20 Officer under section 38(1).
(3) The provisions of this Act, other than section 38(3), (4)
and (5) apply to and in relation to the Chief Bush Fire
Control Officer appointed under this section as if he or
she were a Chief Bush Fire Control Officer appointed
25 under section 38 by the local government.
page 33
Fire and Emergency Services Legislation Amendment Bill 2001
Part 3 Amendments to the Bush Fires Act 1954
s. 31
(4) Section 38(3), (4) and (5) apply to and in relation to the
Chief Bush Fire Control Officer appointed under this
section as if --
(a) he or she were a Chief Bush Fire Control
5 Officer appointed under section 38 by the local
government; and
(b) the references in those subsections to the local
government were references to the Authority.
".
10 31. Section 39 amended
Section 39(1)(a) is amended by deleting "Chief Officer of Fire
Brigades" and inserting instead --
" Director of Operations ".
32. Section 41 amended
15 (1) Section 41(2) is amended as follows:
(a) by inserting after "brigades" --
" and their members ";
(b) by inserting after "subsection (1)" --
" and each member of each such brigade ".
20 (2) After section 41(2) the following subsection is inserted --
"
(2a) A local government is to notify the Authority as soon
as practicable after any changes occur in any of the
details required to be recorded in the register under
25 subsection (2).
".
33. Section 42 amended
Section 42(2) is amended by inserting after "brigade" --
" and its members ".
page 34
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Bush Fires Act 1954 Part 3
s. 34
34. Section 42A inserted
After section 42 the following section is inserted --
"
42A. Constitution of bush fire brigade
5 Any group of persons, however constituted and
whether incorporated or not, may be established as a
bush fire brigade under section 41(1) or 42(1).
".
35. Section 48 replaced
10 Section 48 is repealed and the following section is inserted
instead --
"
48. Delegation by local governments
(1) A local government may, in writing, delegate to its
15 chief executive officer the performance of any of its
functions under this Act.
(2) Performance by the chief executive officer of a local
government of a function delegated under
subsection (1) --
20 (a) is taken to be in accordance with the terms of a
delegation under this section, unless the
contrary is shown; and
(b) is to be treated as performance by the local
government.
25 (3) A delegation under this section does not include the
power to subdelegate.
(4) Nothing in this section is to be read as limiting the
ability of a local government to act through its council,
members of staff or agents in the normal course of
30 business.
".
page 35
Fire and Emergency Services Legislation Amendment Bill 2001
Part 3 Amendments to the Bush Fires Act 1954
s. 36
36. Section 59 amended
Section 59(3) is amended by deleting "chief executive officer,".
37. Section 59A amended
Section 59A(5) is amended by deleting "28 days" and inserting
5 instead --
" 60 days ".
38. Section 64 amended
Section 64 is amended by inserting after "section 21(2)," --
" section 24A(2), section 24B(3), ".
10 39. Various sections amended -- penalties
The provisions listed in the first column of the Table to this
section are amended by deleting the amount set out in the
second column of that Table opposite that provision and
inserting instead the amount set out in the third column of that
15 Table.
Table
Provision Delete Insert
s. 18(11) $100 $10 000
s. 25(2) $1 000 $3 000
s. 25A(4) $1 000 $10 000
s. 25A(7) $1 000 $10 000
s. 26(4) $400 $2 000
s. 26A(2) $400 $2 000
s. 27(1) $500 $5 000
s. 27(5) $500 $5 000
s. 27(7)(d) $500 $5 000
s. 27A(1)(b) $500 $10 000
page 36
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Bush Fires Act 1954 Part 3
s. 40
Provision Delete Insert
s. 27B(1) $500 $5 000
s. 27C(1) $500 $5 000
s. 28(2) $1 000 $10 000
s. 30 $500 $5 000
s. 33(3) $1 000 $5 000
s. 46(2) $1 000 $10 000
s. 50(2)(d) $200 $1 000
s. 53(2) $200 $10 000
s. 56(3) $500 $1 000
s. 57 $1 000 $5 000
s. 58(1) $200 $2 000
s. 58(3)(b) $400 $1 000
s. 59A(8)(b) $200 $1 000
s. 61(2) $500 $5 000
40. Various sections amended -- authorised CALM officers
(1) The provisions listed in the Table to this subsection are
amended by deleting "a forest officer" and inserting instead --
" an authorised CALM officer ".
5 Table
s. 17(7)(a) s. 45(a), (b)
s. 18(5)(a) s. 46(1)(b) (in 2 places)
s. 25(1)(g) s. 56(1)(a), (2)
s. 27D(2)(b), (3)(b) s. 57
s. 28(3) s. 58(3) (in 2 places)
s. 39(2)(a) s. 59(2)(a)
(2) The provisions listed in the Table to this subsection are
amended by deleting "forest officer" and inserting instead --
" authorised CALM officer ".
page 37
Fire and Emergency Services Legislation Amendment Bill 2001
Part 3 Amendments to the Bush Fires Act 1954
s. 41
Table
s. 25(1)(b), (h) s. 28(4)(a) (in 2 places)
s. 27A(1)(aa) s. 39(2)(a) (in the 2nd place)
s. 27B(1)
41. Consequential amendment to Conservation and Land
Management Act 1984
(1) The amendments in this section are to the Conservation and
5 Land Management Act 1984*.
[* Reprinted as at 26 March 1999.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 73-5.]
(2) After section 45(3) the following subsection is inserted --
10 "
(3a) In addition, wildlife officers, forest officers, rangers
and conservation and land management officers who
are authorised by the Executive Director for the
purposes of this subsection have the functions
15 conferred on them by the Bush Fires Act 1954.
".
(3) Section 48(1) is amended by deleting "or the Wildlife
Conservation Act 1950." and inserting instead --
"
20 , the Bush Fires Act 1954 or the Wildlife Conservation
Act 1950, as the case requires.
".
page 38
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire Brigades Act 1942 Part 4
s. 42
Part 4 -- Amendments to the Fire Brigades Act 1942
42. The Act amended
The amendments in this Part, other than section 62, are to the
Fire Brigades Act 1942*.
5 [* Reprinted as at 18 February 2000.
For subsequent amendments see Act No. 10 of 2001.]
43. Section 3 repealed
Section 3 is repealed.
44. Section 4 amended
10 (1) Section 4(1) is amended by deleting the definition of "Chief
Officer" and inserting the following definition instead --
"
"Director" means the Director of Operations referred
to in section 31;
15 ".
(2) Section 4(1) is amended in the definition of "policy of
insurance" by deleting "by order in council" and inserting
instead --
" by notice under section 35A(1) ".
20 45. Section 5 amended, and transitional
(1) Section 5(2) is amended as follows:
(a) by deleting "Governor may from time to time, by order
in council -- " and inserting instead --
"
25 Minister may, by notice published in the Gazette --
";
page 39
Fire and Emergency Services Legislation Amendment Bill 2001
Part 4 Amendments to the Fire Brigades Act 1942
s. 46
(b) after paragraph (g), by deleting "and";
(c) by deleting the full stop at the end of paragraph (h) and
inserting instead --
" ; and ";
5 (d) after paragraph (h), by inserting the following
paragraph --
"
(i) vary or revoke a notice under this subsection.
".
10 (2) Section 5(3) is repealed.
(3) Section 5(5) is amended as follows:
(a) by deleting "an order" and inserting instead --
" a notice ";
(b) by deleting "on behalf of the Governor";
15 (c) by deleting "the order" in the 2 places where it occurs
and inserting in each place instead --
" the notice ".
(4) An order made by the Governor under section 5 of the Fire
Brigades Act 1942 that is in force immediately before the day
20 on which this section comes into operation, continues in force
on and after that day, subject to the Fire Brigades Act 1942 (as
amended by this Act), as if it were a notice made by the
Minister under that section as amended by this Act.
46. Section 5A amended
25 Section 5A(2) is amended by deleting "Subject to section 6(4),
this" and inserting instead --
" This ".
page 40
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire Brigades Act 1942 Part 4
s. 47
47. Section 25 amended
After section 25(c) the following paragraph is inserted --
"
(ca) to promote the safety of life and property from
5 fire, hazardous material incidents, accidents,
explosions or other incidents requiring rescue
operations;
".
48. Section 26A replaced
10 Section 26A is repealed and the following section is inserted
instead --
"
26A. Further powers of the Authority
(1) Without limiting sections 25 and 26, for the purpose of
15 carrying out its functions under this Act the Authority
may, anywhere in the State, do any of the things it is
authorised to do under subsection (2).
(2) Under this subsection the Authority may --
(a) establish and operate premises or mobile
20 facilities for the dissemination of information,
and sell or grant to any person the right to sell
educational materials, souvenirs and
refreshments on such premises or from such
mobile facilities;
25 (b) create and distribute educational materials in
any medium;
(c) utilise the apparatus, plant and other property of
the Authority and use the employees of the
Authority to promote public awareness of the
30 functions of the Authority under this Act or to
enhance its public image;
page 41
Fire and Emergency Services Legislation Amendment Bill 2001
Part 4 Amendments to the Fire Brigades Act 1942
s. 48
(d) provide a maintenance and inspection service
for fire and hazardous material detection and
protection systems and equipment and rescue
equipment, and deal in fire-fighting, hazardous
5 material control and rescue equipment to which
such service relates;
(e) turn to account, on its own or jointly with any
other person or body, any tangible or intangible
resource which the Authority has acquired or
10 developed in the performance of its functions
under this Act, and where applicable apply for
patents, patent rights, copyrights or similar
rights in relation thereto;
(f) provide any service for which the equipment or
15 skills under the control of the Authority are
especially suited, and supply any specialist
equipment under the control of the Authority to
any person or body;
(g) enter into financial arrangements with any other
20 party, and receive payment under such
arrangements, in relation to the exercise of any
power conferred by this paragraph;
(h) establish facilities or courses of instruction to
provide training to any person not employed by
25 the Authority in the skills required to perform a
function of the Authority;
(i) receive gifts of money, by way of sponsorship
or otherwise, towards the cost of, and accept by
way of gift equipment and other property for
30 use in, the performance of its functions;
(j) charge and receive the prescribed fees for --
(i) the examination of plans and
specifications of buildings, and for
related advisory and inspection services,
page 42
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire Brigades Act 1942 Part 4
s. 49
where the examination is made for the
purpose of ensuring the safety of life
and property from fire or hazardous
materials;
5 (ii) the confining or ending of a hazardous
material incident and rendering the site
of the incident safe; and
(iii) the carrying out of rescue operations;
and
10 (k) do anything that is incidental to, or is necessary
or convenient to be done for, the exercise of
any power conferred on it by this section.
".
49. Section 31 amended, and consequential amendments
15 (1) Section 31(1) is repealed and the following subsection is
inserted instead --
"
(1) The Chief Executive Officer shall appoint in
accordance with section 29 an officer to be designated
20 as the Director of Operations.
".
(2) Section 31(2) is amended by deleting "Chief Officer of Fire
Brigades" in the 2 places where it occurs and inserting in each
place instead --
25 " Director ".
page 43
Fire and Emergency Services Legislation Amendment Bill 2001
Part 4 Amendments to the Fire Brigades Act 1942
s. 50
(3) The provisions listed in the Table to this subsection are
amended by deleting "Chief Officer" in each place where it
occurs and inserting in each place instead --
" Director ".
5 Table
s. 33 s. 34
s. 33A(1), (1)(b), (3), (4), s. 36(2)
(5) (in 3 places), (6), (9), s. 51
(11), (14)(a) and (c), s. 58 (in 2 places)
(15) (definition of s. 67(1) (in 2 places), (2)
"presumed occupier")
50. Section 33 amended
Section 33 is amended by inserting after "any officer" --
" of the Authority ";
51. Section 33A amended
10 (1) Section 33A(1) is amended by inserting after "an officer" --
" of the Authority ";
(2) Section 33A(15) is amended in the definition of "authorised
officer" by deleting "means officer" and inserting instead --
" means an officer of the Authority ".
15 52. Section 34 amended
Section 34 is amended by inserting after "is in charge," --
"
or an officer of the Authority authorised by the
Authority in that behalf,
20 ".
page 44
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire Brigades Act 1942 Part 4
s. 53
53. Section 35 amended
(1) Section 35(j) is amended by inserting after "fires," --
" hazardous material incidents or rescue operations, ".
(2) Section 35(pa) is amended by deleting "section 26A(c)" and
5 inserting instead --
" section 26A(2)(j) ".
54. Section 35A amended and transitional
(1) Section 35A(1) is amended as follows:
(a) by deleting "Governor may, by Order in Council," and
10 inserting instead --
" Minister may, by notice published in the Gazette, ";
(b) by deleting "Order so made." and inserting instead --
" such notice. ".
(2) Section 35A(2) is repealed and the following subsection is
15 inserted instead --
"
(2) The Minister may, by notice published in the
Gazette --
(a) declare any district to be a district served by a
20 permanent fire brigade; and
(b) vary or cancel a notice under paragraph (a).
".
(3) An order made by the Governor under section 35A of the Fire
Brigades Act 1942 that is in force immediately before the day
25 on which this section comes into operation, continues in force
on and after that day, subject to the Fire Brigades Act 1942 (as
amended by this Act), as if it were a notice made by the
Minister under that section as amended by this Act.
page 45
Fire and Emergency Services Legislation Amendment Bill 2001
Part 4 Amendments to the Fire Brigades Act 1942
s. 55
55. Section 36 amended
Section 36(1) is amended by deleting "Governor" in the first
place where it occurs and inserting instead --
" Minister ".
5 56. Section 39 amended
Section 39(1) is amended in the definition of "declared
percentage" by deleting "Order in Council made under this Act"
and inserting instead --
" notice under section 35A(1) ".
10 57. Section 44 amended
Section 44(3) is repealed and the following subsection is
inserted instead --
"
(3) Such charges shall not exceed the amounts prescribed
15 for the purposes of this section.
".
58. Section 47A amended
Section 47A is amended as follows:
(a) after paragraph (a) by inserting --
20 " or ";
(b) after paragraph (b) by deleting "; or" and inserting a
comma instead;
(c) by deleting paragraph (c).
page 46
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire Brigades Act 1942 Part 4
s. 59
59. Section 65 amended
(1) Section 65(1)(a) is amended by deleting ", an amount to be
determined by the Authority but not exceeding the fees and
charges set out in the Third Schedule." and inserting instead --
5 "
the fees and charges prescribed for the purposes
of this paragraph.
".
(2) Section 65(2) is amended by deleting ", an amount to be
10 determined by the Authority, but not exceeding the fees and
charges mentioned in the Third Schedule." and inserting
instead --
"
the fees and charges prescribed for the purposes of this
15 subsection.
".
(3) Section 65(3) is amended by deleting "the Third Schedule." and
inserting instead --
" this section. ".
20 60. First Schedule repealed
The First Schedule is repealed.
61. Third Schedule repealed
The Third Schedule is repealed.
62. Fire Brigades Amendment Act (No. 2) 1982 repealed
25 The Fire Brigades Amendment Act (No. 2) 1982 is repealed.
page 47
Fire and Emergency Services Legislation Amendment Bill 2001
Part 5 Amendments to the Fire Brigades Superannuation Act 1985
s. 63
Part 5 -- Amendments to the Fire Brigades
Superannuation Act 1985
63. The Act amended
The amendments in this Part, other than section 74, are to the
5 Fire Brigades Superannuation Act 1985*.
[* Act No. 87 of 1985.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 164-5.]
64. Long title amended
10 The long title is amended by inserting after "bodies," --
" and for certain other persons, ".
65. Section 1 amended
Section 1 is amended by deleting "Brigades" and inserting
instead --
15 " and Emergency Services ".
66. Section 3 amended
Section 3(1) is amended as follows:
(a) by deleting the definition of "Commonwealth Act" and
inserting the following definition instead --
20 "
"Commonwealth Act" means --
(a) the Superannuation Industry (Supervision)
Act 1993 of the Commonwealth; or
(b) if another Act of the Commonwealth is
25 prescribed for the purposes of this definition,
that prescribed Act;
";
page 48
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire Brigades Superannuation Act 1985 Part 5
s. 67
(b) in the definition of "Commonwealth standards", by
deleting "regulation" and inserting instead --
" or ";
(c) in the definition of "Superannuation Board" by deleting
5 "Western Australian Fire Brigades" and inserting
instead --
" Fire and Emergency Services ";
(d) in the definition of "Superannuation Fund" by deleting
"Western Australian Fire Brigades" and inserting
10 instead --
" Fire and Emergency Services ".
67. Heading to Part II replaced
The heading to Part II is deleted and the following heading is
inserted instead --
15 "
Part II -- The Fire and Emergency Services
Superannuation Board and Fund
".
68. Section 4 amended
20 (1) Section 4(1) is amended by deleting "Western Australian Fire
Brigades" and inserting instead --
" Fire and Emergency Services ".
(2) After section 4(1) the following subsection is inserted --
"
25 (1a) The Fire and Emergency Services Superannuation
Board is a continuation of, and the same legal entity as,
the Western Australian Fire Brigades Superannuation
Board established by this section as in force before the
commencement of Part 5 of the Fire and Emergency
30 Services Legislation Amendment Act 2001.
".
page 49
Fire and Emergency Services Legislation Amendment Bill 2001
Part 5 Amendments to the Fire Brigades Superannuation Act 1985
s. 69
69. Section 5 amended
(1) Section 5(1) is repealed and the following subsections are
inserted instead --
"
5 (1) For the purpose of providing superannuation and other
benefits in accordance with this Act there shall be a
fund called the Fire and Emergency Services
Superannuation Fund.
(1a) The Fire and Emergency Services Superannuation
10 Fund is a continuation of, and the same fund as, the
Western Australian Fire Brigades Superannuation Fund
established by this section as in force before the
commencement of Part 5 of the Fire and Emergency
Services Legislation Amendment Act 2001.
15 ".
(2) After section 5(3) the following subsection is inserted --
"
(4) Regulations under section 32 may provide for all or
any of the following people to be members of the
20 Superannuation Fund --
(a) current and former eligible Authority
employees;
(b) current and former associated employees;
(c) former Fire Brigades Board employees; and
25 (d) current and former spouses or de facto partners
of the persons referred to in paragraphs (a), (b)
and (c).
".
page 50
Fire and Emergency Services Legislation Amendment Bill 2001
Amendments to the Fire Brigades Superannuation Act 1985 Part 5
s. 70
70. Section 6 amended
Section 6(3)(e) is amended by inserting after "the
Superannuation Fund" --
"
5 , the Superannuation Board, members of the
Superannuation Board, or persons provided by
the Authority under section 31 to assist the
Superannuation Board,
".
10 71. Section 7 amended
Section 7(1) is repealed and the following subsection is inserted
instead --
"
(1) The Superannuation Board may invest the assets of the
15 Superannuation Fund in any form of investment that it
considers suitable.
".
72. Section 32 amended
Section 32(a) is deleted and the following paragraph is inserted
20 instead --
"
(a) providing for all or any of the people referred to
in section 5(4) to be members of the
Superannuation Fund, and for continuity and
25 cessation of membership;
".
page 51
Fire and Emergency Services Legislation Amendment Bill 2001
Part 5 Amendments to the Fire Brigades Superannuation Act 1985
s. 73
73. Schedule 1 replaced
Schedule 1 is repealed and the following Schedule is inserted
instead --
"
5 Schedule 1 -- Bodies that may be
associated employers
[s. 3]
United Fire Fighters Union of Western Australia
Western Australian Volunteer Fire and Rescue Services
10 Association (Inc.)
Fire and Emergency Services Superannuation Board
".
74. Consequential amendments
Schedule 1 to the Financial Administration and Audit Act 1985*
15 is amended as follows:
(a) by inserting the following item in the appropriate
alphabetical position --
"
Fire and Emergency Services Superannuation Board
20 ";
(b) by deleting the item "Western Australian Fire Brigades
Superannuation Board".
[* Reprinted as at 24 November 2000.
For subsequent amendments see 2000 Index to Legislation of
25 Western Australia, Table 1, p. 150-8, and Act No. 10 of
2001.]
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