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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 2012 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Fire and Emergency Services Authority of Western Australia Act 1998 amended 3. Act amended 3 4. Long title amended 3 5. Section 1 (short title) amended 3 6. Section 3 amended 3 7. Part 2 replaced 5 Part 2 -- Administration Division 1 -- The Minister 4. Term used: FES Ministerial body 5 5. FES Ministerial Body 5 6. Purpose and nature of FES Ministerial Body 5 7. Execution of documents by FES Ministerial Body 6 8. Powers of Minister relating to property 8 9. Power of Minister to borrow money 8 8. Part 3 heading deleted and Part 2 Division 2 heading inserted 9 Division 2 -- The FES Commissioner 9. Section 11 amended 9 10. Section 12 amended 10 11. Section 13 amended 11 276--2 page i Fire and Emergency Services Legislation Amendment Bill 2012 Contents 12. Section 14 deleted 11 13. Part 2 Division 3 heading inserted 11 Division 3 -- Delegation 14. Section 15 amended 12 15. Section 16 amended 13 16. Sections 17 and 18 deleted 13 17. Section 18B amended 13 18. Section 18C amended 13 19. Section 18G amended 13 20. Section 18H amended 14 21. Part 3C heading replaced 14 Part 3 -- FES Units 22. Section 18L amended 14 23. Section 18M amended 14 24. Parts 4 and 5 replaced 14 Part 4 -- Staff 19. Terms used 14 20. Categories of staff 15 21. Terms and conditions of employment of operational staff and wages staff 15 22. Transfer of operational staff to another category 16 Part 5 -- Advisory committees 23. Terms used 17 24. Advisory committees 17 25. Volunteer advisory committees 18 25. Part 6 deleted 19 26. Section 36UA inserted 20 36UA. Levy to be credited to operating account 20 27. Section 36X amended 20 28. Section 36Z amended 20 29. Section 36ZD amended 21 30. Section 36ZJ amended 21 31. Section 36ZL amended 21 32. Section 37 amended 22 33. Section 38 replaced 22 38. Application of amounts credited to Department's operating accounts 22 34. Section 38A amended 23 35. Section 38B amended 23 36. Section 39 amended 24 page ii Fire and Emergency Services Legislation Amendment Bill 2012 Contents 37. Section 41 amended 24 38. Section 42 deleted 24 39. Part 8 inserted 25 Part 8 -- Savings and transitional provisions relating to the Fire and Emergency Services Legislation Amendment Act 2012 Division 1 -- Interpretation 42. Terms used 25 Division 2 -- Transfer of Authority's assets, liabilities, etc. 43. Authority abolished 27 44. Minister may make transfer orders 27 45. Transfer of assets and liabilities 29 46. Fire and Emergency Services Authority Account 31 47. Reserve funds 31 48. Authority to complete necessary transactions 31 49. Registration of documents 33 50. Exemption from State tax 33 51. Rectifying error in transfer order 34 Division 3 -- Chief executive officer and certain other persons 52. Chief executive officer of Authority becomes FES Commissioner 35 53. Bush fire liaison officers and Chief Bush Fire Control Officers 35 54. Certain members of Fire and Emergency Services Superannuation Board 36 Division 4 -- Consultative committees 55. Members of consultative committees 36 56. Records of consultative committees 36 Division 5 -- Continuing effect of things done 57. Completion of things commenced 37 58. Continuing effect of things done 37 59. Agreements and instruments generally 37 Division 6 -- Other transitional provisions 60. Continuing duty of confidentiality 38 61. Investments 38 62. Transitional regulations 38 63. Saving 39 40. Schedule 1 deleted 40 41. Schedule 1A amended 40 42. Schedule 2 deleted 41 43. Various references to "Authority" amended 41 page iii Fire and Emergency Services Legislation Amendment Bill 2012 Contents 44. Various references to "FESA" amended 43 Part 3 -- Bush Fires Act 1954 amended 45. Act amended 45 46. Section 7 amended 45 47. Section 10 amended 46 48. Section 12 replaced 46 12. Bush fire liaison officers 46 49. Section 14B amended 47 50. Section 14 amended 47 51. Section 17 amended 48 52. Section 22C amended 48 53. Section 24B amended 49 54. Section 24E amended 49 55. Section 24G amended 49 56. Section 25A amended 49 57. Section 27B amended 50 58. Section 28 amended 50 59. Section 35 amended 50 60. Section 38 amended 52 61. Section 38A amended 52 62. Section 39 amended 53 63. Section 51 amended 53 64. Section 55 deleted 53 65. Section 56 amended 53 66. Section 57 amended 54 67. Section 59 amended 54 68. Section 65 amended 54 69. Various references to "Authority" amended 55 Part 4 -- Fire Brigades Act 1942 amended 70. Act amended 57 71. Section 4 amended 57 72. Part VI heading amended 58 73. Section 24 amended 58 74. Section 25 amended 60 75. Section 26A amended 60 76. Part VII heading amended 61 page iv Fire and Emergency Services Legislation Amendment Bill 2012 Contents 77. Section 29 deleted 62 78. Section 31 replaced 62 31. Brigades are under control of FES Commissioner 62 79. Section 33 amended 62 80. Section 33A amended 63 81. Section 34 amended 64 82. Section 34A amended 65 83. Section 35 amended 65 84. Section 47A deleted 66 85. Section 49 amended 66 86. Section 51 amended 66 87. Section 52 amended 67 88. Section 54 amended 67 89. Section 58 amended 69 90. Section 59 amended 69 91. Section 66 amended 69 92. Section 67 amended 70 93. Section 73 deleted 70 94. Various references to "Authority" amended 70 Part 5 -- Fire and Emergency Services Superannuation Act 1985 amended 95. Act amended 72 96. Long title amended 72 97. Section 3 amended 72 98. Section 4 amended 73 99. Section 5 amended 73 100. Section 6 amended 74 101. Section 17 amended 74 102. Section 27 amended 74 103. Section 28 amended 75 104. Section 31 amended 75 105. Section 32 amended 75 106. Schedule 2 amended 75 Part 6 -- Emergency Management Act 2005 amended 107. Act amended 77 page v Fire and Emergency Services Legislation Amendment Bill 2012 Contents 108. Section 50 amended 77 109. Section 71 amended 78 Part 7 -- Other Acts amended Division 1 -- Constitution Acts Amendment Act 1899 amended 110. Act amended 79 111. Schedule V amended 79 Division 2 -- Country Areas Water Supply Act 1947 amended 112. Act amended 79 113. Section 37 amended 79 Division 3 -- The Criminal Code amended 114. Act amended 81 115. Section 297 amended 81 116. Section 318 amended 81 Division 4 -- Dangerous Goods Safety Act 2004 amended 117. Act amended 81 118. Section 40 amended 81 Division 5 -- Emergency Services Levy Act 2002 amended 119. Act amended 82 120. Long title amended 82 121. Section 3 amended 82 Division 6 -- Environmental Protection Act 1986 amended 122. Act amended 82 123. Schedule 6 amended 82 Division 7 -- Financial Management Act 2006 amended 124. Act amended 82 125. Schedule 1 amended 82 Division 8 -- Litter Act 1979 amended 126. Act amended 83 127. Third Schedule amended 83 page vi Fire and Emergency Services Legislation Amendment Bill 2012 Contents Division 9 -- Metropolitan Water Supply, Sewerage, and Drainage Act 1909 amended 128. Act amended 83 129. Section 45 amended 83 Division 10 -- Pay-roll Tax Assessment Act 2002 amended 130. Act amended 84 131. Section 40 amended 84 Division 11 -- Public Sector Management Act 1994 amended 132. Act amended 85 133. Schedule 2 amended 85 Division 12 -- Rates and Charges (Rebates and Deferments) Act 1992 amended 134. Act amended 85 135. Section 3 amended 85 136. Section 17 amended 85 Division 13 -- Road Traffic Act 1974 amended 137. Act amended 86 138. Section 64A amended 86 139. Section 64AAA amended 86 Division 14 -- Sentencing Act 1995 amended 140. Act amended 86 141. Schedule 1 amended 86 Division 15 -- Swan and Canning Rivers Management Act 2006 amended 142. Act amended 86 143. Schedule 5 amended 86 Division 16 -- Volunteers and Food and Other Donors (Protection from Liability) Act 2002 amended 144. Act amended 87 145. Section 4 amended 87 Division 17 -- Water Boards Act 1904 amended 146. Act amended 87 147. Section 63 amended 87 page vii Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) Fire and Emergency Services Legislation Amendment Bill 2012 A Bill for An Act to amend -- • the Fire and Emergency Services Authority of Western Australia Act 1998; and • the Bush Fires Act 1954; and • the Fire Brigades Act 1942; and • the Fire and Emergency Services Superannuation Act 1985; and • the Emergency Management Act 2005, and to make consequential amendments to other Acts. The Parliament of Western Australia enacts as follows: page 1 Fire and Emergency Services Legislation Amendment Bill 2012 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Fire and Emergency Services Legislation 4 Amendment Act 2012. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) sections 1 and 2 -- on the day on which this Act 8 receives the Royal Assent; 9 (b) the rest of the Act -- on a day fixed by proclamation, 10 and different days may be fixed for different provisions. page 2 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 3 1 Part 2 -- Fire and Emergency Services Authority of 2 Western Australia Act 1998 amended 3 3. Act amended 4 This Part amends the Fire and Emergency Services Authority of 5 Western Australia Act 1998. 6 4. Long title amended 7 In the long title delete "establish an Authority with" and 8 insert: 9 10 provide for 11 12 5. Section 1 (short title) amended 13 In section 1 delete "Authority of Western Australia". 14 6. Section 3 amended 15 (1) In section 3 delete the definitions of: 16 Account 17 Authority 18 board 19 chief executive officer 20 member 21 member of staff 22 (2) In section 3 insert in alphabetical order: 23 24 Department means the department of the Public 25 Service principally assisting in the administration of 26 this Act; page 3 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 6 1 employed in the Department means employed or 2 engaged in the Department in accordance with 3 section 20(1); 4 FES Commissioner means the Fire and Emergency 5 Services Commissioner; 6 Fire and Emergency Services Commissioner means 7 the chief executive officer of the Department; 8 member of staff means the FES Commissioner or a 9 public service officer or other person employed in the 10 Department; 11 operating account of the Department means an agency 12 special purpose account established for the purposes of 13 the operations of the Department under the Financial 14 Management Act 2006 section 16(1)(a); 15 16 (3) In section 3 in the definition of assistance operation delete "its 17 functions;" and insert: 18 19 functions relating to emergency services; 20 21 (4) In section 3 in the definition of FESA activities delete "FESA" 22 and insert: 23 24 FES 25 26 (5) In section 3 in the definition of "FESA Unit" delete "FESA" 27 and insert: 28 29 FES 30 page 4 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 7 1 7. Part 2 replaced 2 Delete Part 2 and insert: 3 4 Part 2 -- Administration 5 Division 1 -- The Minister 6 4. Term used: FES Ministerial body 7 In this Division -- 8 FES Ministerial Body means the body corporate of 9 that name established by section 5. 10 5. FES Ministerial Body 11 (1) The FES Ministerial Body is established. 12 (2) The FES Ministerial Body is a body corporate with 13 perpetual succession. 14 (3) Proceedings may be taken by or against the FES 15 Ministerial Body in its corporate name. 16 (4) The FES Ministerial Body is to be governed by the 17 Minister. 18 (5) The FES Ministerial Body has the status, immunities 19 and privileges of the Crown. 20 6. Purpose and nature of FES Ministerial Body 21 (1) The FES Ministerial Body is established to provide a 22 body corporate through which the Minister can perform 23 any of the Minister's functions under the emergency 24 services Acts that can more conveniently be performed 25 by a body corporate than an individual. page 5 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 7 1 (2) Any acts or things done through the FES Ministerial 2 Body as described in subsection (1) are to be regarded 3 as -- 4 (a) services under the control of the Department for 5 the purposes of the Financial Management 6 Act 2006 section 52; and 7 (b) operations of the Department for the purposes 8 of Part 5 of that Act. 9 (3) Despite the employment under the Public Sector 10 Management Act 1994 of ministerial officers for the 11 purpose of assisting the Minister to perform functions 12 that the Minister performs through the FES Ministerial 13 Body, the FES Ministerial Body and those officers are 14 not an organisation for the purposes of that Act. 15 7. Execution of documents by FES Ministerial Body 16 (1) The FES Ministerial Body is to have a common seal. 17 (2) A document is duly executed by the FES Ministerial 18 Body if -- 19 (a) the common seal of the FES Ministerial Body 20 is affixed to it in accordance with 21 subsections (3) and (4); or 22 (b) it is signed on behalf of the FES Ministerial 23 Body by the Minister; or 24 (c) it is signed on behalf of the FES Ministerial 25 Body, as authorised under subsection (5), by 26 the FES Commissioner or another person. 27 (3) The common seal of the FES Ministerial Body is not to 28 be affixed to a document except as authorised by the 29 FES Ministerial Body. 30 (4) The common seal of the FES Ministerial Body is to be 31 affixed to a document in the presence of the Minister, page 6 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 7 1 and the Minister is to sign the document to attest that 2 the common seal was so affixed. 3 (5) The FES Ministerial Body may, by writing under its 4 seal, authorise the FES Commissioner or another 5 person to execute deeds or other documents on behalf 6 of the FES Ministerial Body, either generally or subject 7 to any conditions or restrictions specified in the 8 authorisation. 9 (6) A document purporting to be executed in accordance 10 with this section is to be presumed to be duly executed 11 until the contrary is shown. 12 (7) A document executed by the FES Commissioner or 13 another person under this section without the common 14 seal of the FES Ministerial Body is not to be regarded 15 as a deed unless it is executed as a deed as authorised 16 under subsection (5). 17 (8) When a document is produced bearing a seal 18 purporting to be the common seal of the FES 19 Ministerial Body, it is to be presumed that the seal is 20 the common seal of the FES Ministerial Body until the 21 contrary is shown. 22 (9) For the purposes of this Act, a facsimile of -- 23 (a) the FES Ministerial Body's seal; or 24 (b) the signature of the Minister or a person 25 authorised under subsection (5) to execute 26 deeds or other documents, 27 may be used, and a deed or other document purporting 28 to be endorsed with such a facsimile is, until the 29 contrary is shown, to be regarded as bearing the 30 facsimile under this subsection. page 7 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 7 1 8. Powers of Minister relating to property 2 (1) In this section -- 3 acquire includes taking on lease or licence or in any 4 other manner in which property may be acquired; 5 dispose of includes disposing of by way of lease or 6 licence or in any other manner in which property may 7 be disposed of. 8 (2) For the purposes of the emergency services Acts the 9 Minister may -- 10 (a) acquire, hold, manage, improve, develop, 11 dispose of, and otherwise deal in, real and 12 personal property; and 13 (b) develop and turn to account any technology, 14 software or other intellectual property that 15 relates to the purposes of the emergency 16 services Acts and, for those purposes, apply for, 17 hold, exploit and dispose of any patent, patent 18 rights, copyright or similar rights. 19 (3) The proceeds of -- 20 (a) the disposal of any real or personal property; or 21 (b) anything else done by the Minister under 22 subsection (2), 23 are to be credited to an operating account of the 24 Department. 25 9. Power of Minister to borrow money 26 (1) The Minister may, if the Treasurer approves, borrow 27 sums of money from the Western Australian Treasury 28 Corporation, or as otherwise approved by the 29 Treasurer, for the purposes of the emergency services 30 Acts. 31 (2) All sums borrowed under subsection (1) are to be 32 credited to an operating account of the Department. 33 page 8 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 8 1 8. Part 3 heading deleted and Part 2 Division 2 heading 2 inserted 3 Delete the heading to Part 3 and insert: 4 5 Division 2 -- The FES Commissioner 6 7 9. Section 11 amended 8 (1) Delete section 11(1) and insert: 9 10 (1) Subject to the control of the Minister, the FES 11 Commissioner is responsible for the provision and 12 management of emergency services in accordance with 13 the functions given to the FES Commissioner by or 14 under the emergency services Acts. 15 16 (2) In section 11(2) delete "Without limiting subsection (1), the 17 Authority" and insert: 18 19 The FES Commissioner 20 21 (3) After section 11(2) insert: 22 23 (3) Nothing in this section or another provision of the 24 emergency services Acts limits the functions of the 25 FES Commissioner as a chief executive officer under 26 the Public Sector Management Act 1994. 27 28 Note: The heading to amended section 11 is to read: 29 Functions of FES Commissioner page 9 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 10 1 10. Section 12 amended 2 (1) In section 12(1) delete "its functions." and insert: 3 4 the FES Commissioner's functions. 5 6 (2) In section 12(2): 7 (a) delete paragraph (a); 8 (b) in paragraph (b) delete "its" and insert: 9 10 the FES Commissioner's 11 12 (c) in paragraph (c) delete "its" and insert: 13 14 the Department's 15 16 (d) in paragraph (ca) delete "it" (each occurrence) and 17 insert: 18 19 the FES Commissioner 20 21 (e) in paragraph (ca) delete "its" and insert: 22 23 the FES Commissioner's 24 25 (f) in paragraph (e) after "arrangement" insert: 26 27 on behalf of the State 28 29 (g) delete paragraph (ea). page 10 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 11 1 (h) after each of paragraphs (b) to (e) insert: 2 3 and 4 5 (3) Delete section 12(3). 6 11. Section 13 amended 7 (1) In section 13(1) delete "In performing any of its functions, the 8 Authority" and insert: 9 10 For the purposes of the functions performed under the 11 emergency services Acts, the Department 12 13 (2) Delete section 13(2)(d) and insert: 14 15 (d) Western Australia Fire and Rescue Service; 16 17 Note: The heading to amended section 13 is to read: 18 Department may use certain names 19 12. Section 14 deleted 20 Delete section 14. 21 13. Part 2 Division 3 heading inserted 22 Before section 15 insert: 23 24 Division 3 -- Delegation 25 page 11 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 14 1 14. Section 15 amended 2 (1) After section 15(1) insert: 3 4 (2A) Without limiting the things that may be delegated 5 under subsection (1), they include things that are to be 6 done in the course of governing the affairs of the FES 7 Ministerial Body under section 5(4). 8 9 (2) In section 15(2): 10 (a) delete paragraph (a) and insert: 11 12 (a) to another member of staff, an advisory 13 committee established under section 24(1) or a 14 public service officer not employed in the 15 Department -- the performance of any of the 16 FES Commissioner's functions under the 17 emergency services Acts; and 18 19 (b) in paragraphs (b), (c) and (d) delete "its powers" and 20 insert: 21 22 the FES Commissioner's powers 23 24 (3) In section 15(2) after paragraph (b) insert: 25 26 and 27 28 (4) In section 15(5) delete "the board,". 29 Note: The heading to amended section 15 is to read: 30 Delegation by Minister and FES Commissioner page 12 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 15 1 15. Section 16 amended 2 Delete section 16(1) and (2) and insert: 3 4 (1) The Minister may, in an instrument by which a 5 function is delegated under section 15(1), authorise the 6 FES Commissioner to subdelegate that function to 7 another member of staff. 8 (2) The FES Commissioner may, in an instrument by 9 which a function is delegated under section 15(2)(a) to 10 a member of staff, authorise the member of staff to 11 subdelegate that function to another member of staff. 12 13 16. Sections 17 and 18 deleted 14 Delete sections 17 and 18. 15 17. Section 18B amended 16 In section 18B(1) and (2) delete "its functions" and insert: 17 18 the FES Commissioner's functions 19 20 18. Section 18C amended 21 In section 18C(1) delete "it considers" and insert: 22 23 the FES Commissioner considers 24 25 19. Section 18G amended 26 In section 18G(2) delete "its functions" and insert: 27 28 the FES Commissioner's functions 29 page 13 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 20 1 20. Section 18H amended 2 In section 18H(1) delete "it considers" and insert: 3 4 the FES Commissioner considers 5 6 21. Part 3C heading replaced 7 Delete the heading to Part 3C and insert: 8 9 Part 3 -- FES Units 10 11 22. Section 18L amended 12 In section 18L(1) and (2) delete "its functions" and insert: 13 14 the FES Commissioner's functions 15 16 23. Section 18M amended 17 In section 18M(1) delete "it considers" and insert: 18 19 the FES Commissioner considers 20 21 24. Parts 4 and 5 replaced 22 Delete Parts 4 and 5 and insert: 23 24 Part 4 -- Staff 25 19. Terms used 26 In this Part -- 27 operational staff means persons engaged under 28 section 20(2); page 14 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 24 1 PSMA means the Public Sector Management Act 1994. 2 20. Categories of staff 3 (1) For the purposes of the emergency services Acts, 4 persons are to be employed or engaged in the 5 Department -- 6 (a) as public service officers appointed or made 7 available under the PSMA Part 3; or 8 (b) as operational staff; or 9 (c) as wages staff. 10 (2) Operational staff may be engaged -- 11 (a) as members or officers of a permanent fire 12 brigade as defined in the Fire Brigades 13 Act 1942 section 4(1); or 14 (b) to perform other functions under the emergency 15 services Acts; or 16 (c) for the purposes of both paragraphs (a) and (b). 17 (3) The provisions of the PSMA prevail over the 18 provisions of the emergency services Acts to the extent 19 of any inconsistency in respect of a person who is 20 engaged under subsection (2) and who is a member of 21 the Senior Executive Service as defined in the PSMA 22 section 3(1). 23 21. Terms and conditions of employment of operational 24 staff and wages staff 25 (1) The PSMA Part 3 does not apply to operational staff or 26 wages staff. 27 (2) The powers to engage, transfer, promote and otherwise 28 manage operational staff and wages staff are vested in 29 the FES Commissioner. page 15 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 24 1 (3) The remuneration of, and other terms and conditions of 2 service of, operational staff and wages staff are not to 3 be less favourable than provided for in -- 4 (a) an applicable award, order or industrial 5 agreement under the Industrial Relations 6 Act 1979; or 7 (b) the Minimum Conditions of Employment 8 Act 1993. 9 (4) Operational staff may be engaged -- 10 (a) on a full-time or part-time basis; and 11 (b) for an indefinite period as permanent officers or 12 for a period not exceeding 5 years. 13 (5) Nothing in this section affects the operation of the 14 Industrial Relations Act 1979 Part VID. 15 22. Transfer of operational staff to another category 16 (1) The FES Commissioner may, if he or she considers 17 that it is in the interests of the Department to do so, 18 determine that -- 19 (a) a person who is a member of the operational 20 staff is to become an officer of the class 21 mentioned in section 20(1)(a); or 22 (b) a person who has been the subject of a 23 determination under paragraph (a) is again to 24 become a member of the operational staff. 25 (2) A determination under subsection (1) is only to be 26 made with the consent of the person concerned. 27 (3) Regulations may be made in respect of the entitlement 28 of persons who are the subject of a determination under 29 subsection (1) to rights and benefits that had accrued or 30 were accruing at the time when the determination took 31 effect. page 16 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 24 1 Part 5 -- Advisory committees 2 23. Terms used 3 In this Part -- 4 advisory committee means a committee established 5 under section 24(1); 6 prescribed association means the association or other 7 body of persons that is prescribed as a body that 8 represents -- 9 (a) the bush fire brigades under the Bush Fires 10 Act 1954; or 11 (b) the volunteer brigades under the Fire Brigades 12 Act 1942; or 13 (c) the SES Units; or 14 (d) the VMRS Groups; or 15 (e) the FES Units. 16 24. Advisory committees 17 (1) The Minister may establish committees to provide 18 advice or assistance to the Minister or the FES 19 Commissioner or both of them on matters relevant to 20 the operation or administration of the emergency 21 services Acts. 22 (2) Subsection (1) does not authorise the Minister to 23 establish a body corporate. 24 (3) An advisory committee is to consist of the people the 25 Minister thinks fit to appoint but, except as stated in 26 section 25(4), at least one member is to be appointed 27 from people nominated by the relevant prescribed 28 association. page 17 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 24 1 (4) In subsection (3) -- 2 relevant prescribed association means the prescribed 3 association the Minister considers has functions 4 relevant to the particular duties and responsibilities of 5 the advisory committee concerned. 6 (5) An advisory committee is to be established by an 7 instrument signed by the Minister that -- 8 (a) identifies the members of the committee and 9 the length and conditions of each of their 10 appointments; and 11 (b) sets out the duties and responsibilities of the 12 committee, including whether the committee is 13 established to provide advice or assistance only 14 to the Minister or only to the FES 15 Commissioner or to both of them; and 16 (c) sets out any other matters in relation to the 17 operation and procedures of the committee the 18 Minister considers appropriate. 19 (6) The Minister may, by instrument signed by the 20 Minister, amend or cancel an instrument made under 21 subsection (5). 22 (7) Except to the extent that its procedures are set out in 23 the instrument made under subsection (5), an advisory 24 committee may determine its own procedures. 25 (8) The members of an advisory committee are entitled to 26 any remuneration and allowances the Minister may 27 from time to time determine on the recommendation of 28 the Public Sector Commissioner. 29 25. Volunteer advisory committees 30 (1) In this section -- 31 relevant prescribed association means the prescribed 32 association that has functions relevant to the particular page 18 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 25 1 duties and responsibilities of the volunteer advisory 2 committee concerned; 3 volunteer advisory committee means an advisory 4 committee established in accordance with 5 subsection (2). 6 (2) Without limiting section 24(1), the Minister must 7 establish at least one advisory committee under that 8 provision in respect of each kind of brigade, unit or 9 group referred to in a paragraph of subsection (3). 10 (3) A volunteer advisory committee is to provide advice or 11 assistance to the Minister or the FES Commissioner or 12 both of them on matters relevant to the operation or 13 administration of -- 14 (a) the bush fire brigades under the Bush Fires 15 Act 1954; or 16 (b) the volunteer brigades under the Fire Brigades 17 Act 1942; or 18 (c) the SES Units; or 19 (d) the VMRS Groups; or 20 (e) the FES Units, 21 according to the kind of brigade, unit or group in 22 respect of which the volunteer advisory committee is 23 established. 24 (4) A volunteer advisory committee is to consist of the 25 people the Minister thinks fit to appoint, but the 26 majority of the members are to be appointed from 27 people nominated by the relevant prescribed 28 association. 29 30 25. Part 6 deleted 31 Delete Part 6. page 19 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 26 1 26. Section 36UA inserted 2 At the end of Part 6A Division 4 insert: 3 4 36UA. Levy to be credited to operating account 5 Any levy or levy interest paid to the FES 6 Commissioner under this Part is to be credited to an 7 operating account of the Department. 8 9 27. Section 36X amended 10 In section 36X(3): 11 (a) after "recovered" insert: 12 13 by the FES Commissioner 14 15 (b) delete "Authority." and insert: 16 17 State. 18 19 28. Section 36Z amended 20 In section 36Z(2) delete "jurisdiction." and insert: 21 22 jurisdiction as a debt due to the local government or the State, as 23 the case requires. 24 page 20 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 29 1 29. Section 36ZD amended 2 In section 36ZD: 3 (a) delete "Authority has an interest in the land in respect of 4 which it" and insert: 5 6 Minister has an interest in the land in respect of which 7 the FES Commissioner 8 9 (b) delete "Authority may" and insert: 10 11 FES Commissioner may 12 13 Note: The heading to amended section 36ZD is to read: 14 Minister has interest in land on which levy is due and payable 15 30. Section 36ZJ amended 16 (1) In section 36ZJ(1) after "written agreement" insert: 17 18 on behalf of the State 19 20 (2) In section 36ZJ(3) delete "jurisdiction." and insert: 21 22 jurisdiction as a debt due to the State. 23 24 31. Section 36ZL amended 25 In section 36ZL(6) delete "in a court of competent jurisdiction 26 as a debt due to the Authority." and insert: 27 28 by the FES Commissioner in a court of competent jurisdiction 29 as a debt due to the State. 30 page 21 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 32 1 32. Section 37 amended 2 In section 37(3) delete "Crown and the Authority," and insert: 3 4 Crown, 5 6 33. Section 38 replaced 7 Delete section 38 and insert: 8 9 38. Application of amounts credited to Department's 10 operating accounts 11 (1) Any amounts credited to an operating account of the 12 Department under section 8(3), 9(2) or 36UA, or 13 otherwise as the result of the operation or 14 administration of the emergency services Acts, may be 15 applied only for the purposes of those Acts. 16 (2) Without limiting subsection (1), amounts credited to an 17 operating account of the Department as described in 18 that subsection may from time to time be applied for 19 the purposes of the emergency services Acts to 20 purchase, construct, renew, maintain or replace -- 21 (a) land, buildings, vehicles, vessels, plant or 22 equipment; or 23 (b) any other property approved by the Minister. 24 (3) The Financial Management Act 2006 section 20(1) 25 does not apply in relation to amounts credited to an 26 operating account of the Department as described in 27 subsection (1). 28 page 22 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 34 1 34. Section 38A amended 2 In section 38A(2)(b) delete "Authority used for the performance 3 of its" and insert: 4 5 Minister used for the performance of the FES Commissioner's 6 7 35. Section 38B amended 8 (1) In section 38B(1): 9 (a) delete "chief executive officer," and insert: 10 11 FES Commissioner, 12 13 (b) in paragraph (a) delete "Authority" and insert: 14 15 Department 16 17 (2) In section 38B(2): 18 (a) delete "chief executive officer," and insert: 19 20 FES Commissioner, 21 22 (b) in paragraph (a) delete "Authority; or" and insert: 23 24 Department; or 25 26 (c) in paragraph (b) delete "Authority." and insert: 27 28 Department. 29 page 23 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 36 1 36. Section 39 amended 2 Delete section 39(1) and insert: 3 4 (1) This section applies to a person who is or has been -- 5 (a) a member of staff; or 6 (b) a member of an advisory committee established 7 under section 24(1). 8 9 37. Section 41 amended 10 (1) In section 41(1) delete "this Act." and insert: 11 12 the Fire and Emergency Services Legislation Amendment 13 Act 2012 section 37. 14 15 (2) Delete section 41(2)(a) and (b) and insert: 16 17 (a) whether there is a need for the emergency 18 services Acts to continue; and 19 20 38. Section 42 deleted 21 Delete section 42. page 24 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 39 1 39. Part 8 inserted 2 Before Schedule 1 insert: 3 4 Part 8 -- Savings and transitional provisions 5 relating to the Fire and Emergency Services 6 Legislation Amendment Act 2012 7 Division 1 -- Interpretation 8 42. Terms used 9 In this Part -- 10 amended Act means this Act as amended by the Fire 11 and Emergency Services Legislation Amendment 12 Act 2012 Part 2; 13 amended Bush Fires Act means the Bush Fires 14 Act 1954 as amended by the Fire and Emergency 15 Services Legislation Amendment Act 2012 Part 3; 16 amended Fire Brigades Act means the Fire Brigades 17 Act 1942 as amended by the Fire and Emergency 18 Services Legislation Amendment Act 2012 Part 4; 19 amended Superannuation Act means the Fire and 20 Emergency Services Superannuation Act 1985 as 21 amended by the Fire and Emergency Services 22 Legislation Amendment Act 2012 Part 5; 23 assets means any legal or equitable estate or interest 24 (whether present or future, whether vested or 25 contingent and whether personal or assignable) in real 26 or personal property of any description and includes 27 money, securities, choses in action and documents; 28 Authority means the Fire and Emergency Services 29 Authority of Western Australia established by section 4 30 of the former Act; page 25 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 39 1 board of management means the board of management 2 referred to in section 6 of the former Act; 3 consultative committees means the committees 4 appointed under section 22 of the former Act; 5 former Act means this Act as in force before the 6 transfer time; 7 former Bush Fires Act means the Bush Fires Act 1954 8 as in force before the transfer time; 9 former Fire Brigades Act means the Fire Brigades 10 Act 1942 as in force before the transfer time; 11 former Superannuation Act means the Fire and 12 Emergency Services Superannuation Act 1985 as in 13 force before the transfer time; 14 liability means any liability, duty or obligation whether 15 actual, contingent or prospective, liquidated or 16 unliquidated, or whether owed alone or jointly or 17 jointly and severally with any other person; 18 relevant successor means -- 19 (a) the Minister, in relation to the Authority and a 20 function of the Authority that, at the transfer 21 time, becomes a function of the Minister; and 22 (b) the FES Commissioner, in relation to the 23 Authority and a function of the Authority that, 24 at the transfer time, becomes a function of the 25 FES Commissioner; and 26 (c) the State, in relation to assets and liabilities 27 transferred to the State by section 45; and 28 (d) the FES Ministerial Body, in relation to assets 29 and liabilities transferred to the FES Ministerial 30 Body by section 45; 31 right means any right, power, privilege or immunity 32 whether actual, prospective or contingent; page 26 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 39 1 statutory transition means the transition from the 2 provisions of the former Act, former Bush Fires Act 3 and former Fire Brigades Act to the provisions of the 4 amended Act, amended Bush Fires Act and amended 5 Fire Brigades Act, including the transition from the 6 Authority to a relevant successor; 7 transfer order means an order under section 44; 8 transfer time means the time when the Fire and 9 Emergency Services Legislation Amendment Act 2012 10 section 7 comes into operation. 11 Division 2 -- Transfer of Authority's assets, 12 liabilities, etc. 13 43. Authority abolished 14 At the transfer time the Authority is abolished and the 15 members of the board of management go out of office. 16 44. Minister may make transfer orders 17 (1) To facilitate the statutory transition, the Minister may 18 make and publish in the Gazette an order that -- 19 (a) specifies any assets and liabilities of the 20 Authority that are to be assigned to the 21 FES Ministerial Body by the operation of 22 section 45; and 23 (b) specifies proceedings in which the 24 FES Ministerial Body is to be substituted for 25 the Authority as a party by the operation of 26 section 45; and 27 (c) specifies any agreement or instrument that, by 28 the operation of section 45, is to have effect as 29 if references to the State or the FES Ministerial 30 Body were substituted, in accordance with the 31 order, for references in the agreement or 32 instrument to the Authority. page 27 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 39 1 (2) A transfer order may also deal with incidental or 2 supplementary matters and has effect accordingly. 3 (3) The transfer order may specify things by reference to 4 schedules that -- 5 (a) need not be published in the Gazette; but 6 (b) must be available for public inspection, 7 and anything specified in a schedule is to be taken to be 8 specified in the order. 9 (4) A thing may be specified in a transfer order by 10 describing the class to which it belongs. 11 (5) Before a transfer order is made specifying anything by 12 reference to a schedule, a copy of which will be 13 required to be delivered to a relevant official under 14 section 49(3), the Minister is to consult with the, or 15 each, relevant official as to the form and content of the 16 schedule. 17 (6) To the extent to which a schedule to a transfer order 18 relates to the functions of the Registrar of Titles, the 19 schedule is to be in a form that meets the requirements 20 of the Registrar. 21 (7) A thing done by, under or for the purposes of this Part 22 is not invalid merely because subsection (5) or (6) was 23 not complied with. 24 (8) A transfer order can only be made before the transfer 25 time. 26 (9) The fact that a previous transfer order has been made 27 does not prevent a further transfer order from being 28 made. 29 (10) A transfer order, or a schedule to which it refers, may 30 be amended by the Minister, by further order published page 28 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 39 1 in the Gazette, but no such amendment may be made 2 after the transfer time. 3 45. Transfer of assets and liabilities 4 (1) If a transfer order is made, then -- 5 (a) at the transfer time -- 6 (i) the assets of the Authority specified in 7 the transfer order are, by the operation 8 of this section, assigned to the FES 9 Ministerial Body; and 10 (ii) the rest of the assets of the Authority 11 are, by the operation of this section, 12 assigned to the State; 13 and 14 (b) at the transfer time -- 15 (i) the liabilities of the Authority specified 16 in the transfer order are, by the 17 operation of this section, assigned to 18 and become the liabilities of the FES 19 Ministerial Body; and 20 (ii) the rest of the liabilities of the Authority 21 are, by the operation of this section, 22 assigned to and become the liabilities of 23 the State; 24 and 25 (c) at the transfer time, the FES Ministerial Body is 26 substituted for the Authority as a party to any 27 proceedings specified in the transfer order, and 28 the State is substituted for the Authority as a 29 party to all other proceedings in which the 30 Authority was a party immediately before the 31 transfer time; and 32 (d) any agreement or instrument specified in the 33 order has effect, by the operation of this page 29 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 39 1 section, as if references to the State or the 2 FES Ministerial Body were, at the transfer time, 3 substituted, in accordance with the order, for 4 references in it to the Authority; and 5 (e) any proceedings or remedy that might have 6 been commenced by, or available against or to, 7 the Authority in relation to the assets and 8 liabilities assigned by paragraphs (a) and (b) 9 may be commenced by, or are available against 10 or to -- 11 (i) the FES Ministerial Body, in the case of 12 assets and liabilities assigned by 13 paragraphs (a)(i) and (b)(i); and 14 (ii) the State, in the case of assets and 15 liabilities assigned by paragraphs (a)(ii) 16 and (b)(ii); 17 and 18 (f) anything done or omitted to be done in relation 19 to the assets and liabilities assigned by 20 paragraphs (a) and (b) before the assignment, 21 by, to or in respect of the Authority (to the 22 extent that that thing has any effect) is to be 23 taken to have been done or omitted by, to or in 24 respect of -- 25 (i) the FES Ministerial Body, in the case of 26 assets and liabilities assigned by 27 paragraphs (a)(i) and (b)(i); and 28 (ii) the State, in the case of assets and 29 liabilities assigned by paragraphs (a)(ii) 30 and (b)(ii). 31 (2) As soon as is practicable after the transfer time, all 32 records and data of the Authority are to be delivered to 33 the FES Commissioner. page 30 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 39 1 46. Fire and Emergency Services Authority Account 2 (1) In this section -- 3 former account means the Fire and Emergency 4 Services Authority Account referred to in section 30 of 5 the former Act. 6 (2) At the transfer time, any moneys standing to the credit 7 of the former account are to be credited to an operating 8 account of the Department, and the former account is 9 then to be closed. 10 (3) Moneys referred to in subsection (2) may be applied -- 11 (a) in the payment of any liabilities of the former 12 account arising before the transfer time; and 13 (b) for the purposes of the emergency services 14 Acts. 15 (4) The operating account referred to in subsection (2) is to 16 be credited with any money payable to the former 17 account before the transfer time that is paid after that 18 time. 19 (5) If in an agreement, instrument or other document there 20 is a reference to the former account, that reference is, 21 unless the context otherwise requires, to be read or to 22 have effect from the transfer time as if it were a 23 reference to the operating account referred to in 24 subsection (2). 25 47. Reserve funds 26 At the transfer time, any moneys in a reserve fund 27 established under section 35A of the former Act are to 28 be credited to an operating account of the Department. 29 48. Authority to complete necessary transactions 30 (1) If an asset or liability of the Authority cannot be 31 properly assigned to the State or the FES Ministerial page 31 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 39 1 Body by the operation of this Division (whether 2 because the matter is governed otherwise than by the 3 law of the State or for any other reason) -- 4 (a) the Authority is to be taken to continue to hold 5 that asset or be liable for that liability until it is 6 effectively assigned to the State or the 7 FES Ministerial Body in accordance with this 8 Division; and 9 (b) the Authority is to take all practicable steps for 10 the purpose of ensuring that the asset or 11 liability is effectively assigned to the State or 12 the FES Ministerial Body in accordance with 13 this Division. 14 (2) The fact that subsection (1)(a) applies to an asset or 15 liability that is to be assigned to the State or the FES 16 Ministerial Body under this Division does not affect 17 the duty of the accountable authority of the Department 18 under the Financial Management Act 2006. 19 (3) Despite section 43, the Authority continues in 20 existence for the purpose of performing the functions 21 described in subsection (1). 22 (4) The Authority is to perform those functions through a 23 person appointed by the Minister. 24 (5) The person holds office at the pleasure of the Minister 25 and on such terms and conditions as the Minister 26 determines. 27 (6) The Authority as continued by this section has the 28 powers that are necessary or convenient for the 29 purposes of this section. page 32 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 39 1 49. Registration of documents 2 (1) In this section -- 3 relevant official means -- 4 (a) the Registrar of Titles; or 5 (b) the Registrar of Deeds and Transfers; or 6 (c) any other person authorised by a written law to 7 record and give effect to the registration of 8 documents relating to property transactions, 9 according to which, if any, of them has responsibility 10 for a register relating to the relevant property; 11 relevant property means property of a kind affected by 12 this Part, whether it is an estate or interest in land or 13 other property. 14 (2) The relevant officials are to take notice of this Part and 15 any transfer order, including a schedule to which the 16 order refers, and are to record and register in the 17 appropriate manner the documents necessary to show 18 the effect of this Part and the transfer order. 19 (3) The Minister is to cause a copy of each transfer order 20 and any schedule to which it refers to be delivered to 21 each relevant official. 22 50. Exemption from State tax 23 (1) In this section -- 24 State tax includes duty chargeable under the Duties 25 Act 2008 and any other tax, duty, fee, levy or charge, 26 under a law of the State. 27 (2) State tax is not payable in relation to -- 28 (a) anything that occurs by the operation of this 29 Part; or 30 (b) anything done (including a transaction entered 31 into or an instrument or document of any kind page 33 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 39 1 made, executed, lodged or given) under this 2 Part, or to give effect to this Part, or for a 3 purpose connected with or arising out of giving 4 effect to this Part. 5 (3) The Minister may certify in writing that -- 6 (a) a specified thing occurred by the operation of 7 this Part; or 8 (b) a specified thing was done under this Part, or to 9 give effect to this Part, or for a purpose 10 connected with or arising out of giving effect to 11 this Part. 12 (4) For all purposes and in all proceedings, a certificate 13 under subsection (3) is sufficient evidence of the 14 matters it certifies, except so far as the contrary is 15 shown. 16 51. Rectifying error in transfer order 17 (1) The Minister may, by order published in the Gazette, 18 make any provision that is necessary to correct any 19 error in a transfer order or a schedule to which a 20 transfer order refers. 21 (2) An order under this section may be made so as to have 22 effect from the transfer time. 23 (3) To the extent that a provision of an order under this 24 section has effect before the day of its publication in 25 the Gazette, section 45 does not, as a result of that 26 provision, operate so as -- 27 (a) to affect, in a manner prejudicial to any person 28 (other than the State or an authority of the 29 State), the rights of that person existing before 30 the day of publication; or 31 (b) to impose liabilities on any person (other than 32 the State or an authority of the State) in respect page 34 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 39 1 of anything done or omitted to be done before 2 the day of publication. 3 Division 3 -- Chief executive officer and certain 4 other persons 5 52. Chief executive officer of Authority becomes FES 6 Commissioner 7 (1) The person holding office as the chief executive officer 8 of the Authority in accordance with section 19 of the 9 former Act immediately before the transfer time is to 10 be taken to have been appointed as the 11 FES Commissioner on the same terms and conditions. 12 (2) Except as otherwise agreed by the person, the operation 13 of subsection (1) does not -- 14 (a) affect the person's pay, as that term is defined 15 in the Public Sector Management 16 (Redeployment and Redundancy) 17 Regulations 1994 regulation 3(1); or 18 (b) affect the person's existing or accruing rights in 19 respect of annual leave, long service leave, sick 20 leave or any other leave; or 21 (c) affect any rights under a superannuation 22 scheme; or 23 (d) interrupt the continuity of the person's service. 24 (3) For the purposes of subsection (2)(d), the person's 25 service with the Authority is to be taken to have been 26 with the Department. 27 53. Bush fire liaison officers and Chief Bush Fire 28 Control Officers 29 (1) The appointment of a person as a bush fire liaison 30 officer in accordance with section 12 of the former 31 Bush Fires Act that has effect immediately before the page 35 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 39 1 transfer time continues to have effect as the designation 2 of the person as a bush fire liaison officer under 3 section 12 of the amended Bush Fires Act. 4 (2) The appointment of a person by the Authority as the 5 Chief Bush Fire Control Officer for the district of a 6 local government under section 38A of the former 7 Bush Fires Act that has effect immediately before the 8 transfer time continues to have effect as the designation 9 of the person by the FES Commissioner as the Chief 10 Bush Fire Control Officer for that district under 11 section 38A of the amended Bush Fires Act. 12 54. Certain members of Fire and Emergency Services 13 Superannuation Board 14 The appointment of a person by the Authority as a 15 member or alternate member of the Fire and 16 Emergency Services Superannuation Board under the 17 former Superannuation Act section 4(4)(a) or (5) that 18 has effect immediately before the transfer time 19 continues to have effect as the appointment of the 20 person by the FES Commissioner as a member or 21 alternate member of that Board under that provision of 22 the amended Superannuation Act. 23 Division 4 -- Consultative committees 24 55. Members of consultative committees 25 At the transfer time the members of the consultative 26 committees go out of office. 27 56. Records of consultative committees 28 As soon as is practicable after the transfer time all 29 records and data of the consultative committees are to 30 be delivered to the FES Commissioner. page 36 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 39 1 Division 5 -- Continuing effect of things done 2 57. Completion of things commenced 3 Anything commenced to be done by the Authority 4 before the transfer time may be continued by the 5 relevant successor so far as the doing of that thing is 6 within the functions of the relevant successor. 7 58. Continuing effect of things done 8 Anything done or omitted to be done before the 9 transfer time by, to or in respect of the Authority, to the 10 extent that it -- 11 (a) has any force or significance; and 12 (b) is not governed by another provision of this 13 Part, 14 is to be taken to have been done or omitted by, to or in 15 respect of the relevant successor. 16 59. Agreements and instruments generally 17 Any agreement or instrument subsisting immediately 18 before the transfer time -- 19 (a) to which the Authority was a party; or 20 (b) which contains a reference to the Authority, 21 has effect on and after transfer time, to the extent to 22 which the agreement or instrument relates to the 23 functions of a relevant successor, as if -- 24 (c) the relevant successor were substituted for the 25 Authority as a party to the agreement or 26 instrument; and 27 (d) any reference in the agreement or instrument to 28 the Authority were, unless the context 29 otherwise requires, amended to be or include a 30 reference to the relevant successor. page 37 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 39 1 Division 6 -- Other transitional provisions 2 60. Continuing duty of confidentiality 3 Despite the amendment of section 39 by the Fire and 4 Emergency Services Legislation Amendment Act 2012 5 section 36, section 39 continues to apply to a person 6 who has been a member of the Authority, a member of 7 a consultative committee or a member of staff (as 8 defined in section 3 of the former Act). 9 61. Investments 10 (1) Despite the deletion of Part 6 of the former Act by the 11 Fire and Emergency Services Legislation Amendment 12 Act 2012 section 25, the investment of any funds of the 13 Authority that is authorised under section 31 of the 14 former Act immediately before the transfer time 15 continues to be authorised as if that section had not 16 been deleted. 17 (2) Any funds referred to in subsection (1) that cease to be 18 invested as described in that subsection are to be 19 credited to an operating account of the Department. 20 62. Transitional regulations 21 (1) In this section -- 22 specified means specified or described in the 23 regulations; 24 transitional matter means a matter that needs to be 25 dealt with for the purpose of effecting the statutory 26 transition. 27 (2) If there is no sufficient provision in this Part or in a 28 transfer order for dealing with a transitional matter, 29 regulations made under this Act may prescribe all 30 matters that are necessary or convenient to be 31 prescribed for dealing with the matter. page 38 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 39 1 (3) Regulations referred to in subsection (2) may provide 2 that a specified provision of this Act does not apply, or 3 applies with specified modifications, to or in relation to 4 any matter. 5 (4) If regulations referred to in subsection (2) provide that 6 a specified state of affairs is to be taken to have 7 existed, or not to have existed, on and from a day that 8 is earlier than the day on which the regulations are 9 published in the Gazette but not earlier than the 10 commencement of the relevant provision of the Fire 11 and Emergency Services Legislation Amendment 12 Act 2012, the regulations have effect according to their 13 terms. 14 (5) If regulations contain a provision referred to in 15 subsection (4), the provision does not operate so as -- 16 (a) to affect, in a manner prejudicial to any person 17 (other than the State or an authority of the 18 State), the rights of that person existing before 19 the regulations were published in the Gazette; 20 or 21 (b) to impose liabilities on any person (other than 22 the State or an authority of the State) in respect 23 of anything done or omitted to be done before 24 the regulations were published in the Gazette. 25 (6) Regulations cannot be made for the purposes of this 26 section after the end of 24 months after the day on 27 which the Fire and Emergency Services Legislation 28 Amendment Act 2012 receives the Royal Assent. 29 63. Saving 30 The operation of any provision of this Part is not to be 31 regarded -- 32 (a) as a breach of contract or confidence or 33 otherwise as a civil wrong; or page 39 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 40 1 (b) as a breach of any contractual provision 2 prohibiting, restricting or regulating the 3 assignment or transfer of assets, rights or 4 liabilities or the disclosure of information; or 5 (c) as giving rise to any remedy by a party to an 6 instrument or as causing or permitting the 7 termination of any instrument, because of a 8 change in the beneficial or legal ownership of 9 any asset, right or liability; or 10 (d) as causing any contract or instrument to be void 11 or otherwise unenforceable; or 12 (e) as releasing or allowing the release of any 13 surety. 14 15 40. Schedule 1 deleted 16 Delete Schedule 1. 17 41. Schedule 1A amended 18 (1) In Schedule 1A in the item relating to s. 36S(1) delete 19 "Authority," and insert: 20 21 FES Commissioner, 22 23 (2) In Schedule 1A in the items relating to s. 36T(3) and s. 36Z(1) 24 delete "Authority"" and insert: 25 26 FES Commissioner" 27 28 (3) In Schedule 1A delete the item relating to s. 36Z(2) and insert: 29 s. 36Z(2) (a) "or the FES Commissioner" is deleted; (b) "or the State, as the case requires" is deleted. 30 page 40 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 42 1 (4) In Schedule 1A in the item relating to s. 36ZC(1) and (2) delete 2 ""Authority"" and insert: 3 4 "FES Commissioner" 5 6 (5) In Schedule 1A delete the item relating to s. 36ZD and insert: 7 s. 36ZD (a) "Minister" is deleted and the following is inserted instead -- " local government "; (b) "FES Commissioner" is deleted in both places where it occurs and the following is inserted instead -- " local government ". 8 9 42. Schedule 2 deleted 10 Delete Schedule 2. 11 43. Various references to "Authority" amended 12 In the provisions listed in the Table delete "Authority" (each 13 occurrence) and insert: 14 15 FES Commissioner 16 17 Table s. 3 def. of assistance operation, s. 12(1) and (2) FESA Unit, SES Unit and VMRS Group s. 13(4) s. 15(1), (2) and (5) s. 18A s. 18B(1), (2), (3) and (4) page 41 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 43 s. 18C(1), (2) and (3) s. 18D(b) s. 18F s. 18G(1), (2), (3) and (4) s. 18H(1), (2) and (3) s. 18I(b) s. 18K s. 18L(1), (2), (3), (4) and (5) s. 18M(1), (2) and (3) s. 18N(b) s. 18O(1) s. 36A(1)(b), (3) and (5) s. 36B s. 36C s. 36K s. 36L(1) and (2) s. 36N s. 36P(2)(b) s. 36S(1) s. 36T(3) s. 36V s. 36W(1)(a) s. 36X(1) s. 36Y(1) and (4) s. 36Z(1), (2) and (3)(b) s. 36ZC(1) and (2) s. 36ZI def. of leviable land s. 36ZJ(1), (2) and (3) s. 36ZL(1) and (2)(b) 1 Note: The headings to the amended sections listed in the Table are to read 2 as set out in the Table. 3 Table Amended section Section heading s. 12 Powers of FES Commissioner s. 18A Functions of FES Commissioner s. 18B Powers of FES Commissioner page 42 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Authority of Western Australia Part 2 Act 1998 amended s. 44 Amended section Section heading s. 18F Functions of FES Commissioner s. 18G Powers of FES Commissioner s. 18K Functions of FES Commissioner s. 18L Powers of FES Commissioner s. 36A Annual estimates of expenditure by local governments and payments by FES Commissioner s. 36B Annual levy payable to FES Commissioner on land in an ESL category area s. 36K FES Commissioner to ensure local governments have information s. 36V Local government to pay levy and other amounts to FES Commissioner s. 36X Interest payable on amounts not paid by due date to FES Commissioner s. 36ZJ FES Commissioner may enter into agreements with local governments 1 44. Various references to "FESA" amended 2 In the provisions listed in the Table delete "FESA" (each 3 occurrence) and insert: 4 5 FES 6 7 Table s. 13(2)(b) and (c) and (4) s. 15(2)(d) s. 18K s. 18L(2) and (3) s. 18M(1), (2) and (3) s. 18N s. 18O(1) and (2) s. 37(1a)(e) s. 38A(2)(a) and (3) s. 38C(d) page 43 Fire and Emergency Services Legislation Amendment Bill 2012 Part 2 Fire and Emergency Services Authority of Western Australia Act 1998 amended s. 44 1 Note: The headings to the amended sections listed in the Table are to read 2 as set out in the Table. 3 Table Amended section Section heading s. 18M Approval of FES Units s. 18N Register of members of FES Units s. 18O Functions of FES Units page 44 Fire and Emergency Services Legislation Amendment Bill 2012 Bush Fires Act 1954 amended Part 3 s. 45 1 Part 3 -- Bush Fires Act 1954 amended 2 45. Act amended 3 This Part amends the Bush Fires Act 1954. 4 46. Section 7 amended 5 (1) In section 7(1) delete the definitions of: 6 Authority 7 Chief Executive Officer 8 member of the Authority 9 the FESA Act 10 (2) In section 7(1) insert in alphabetical order: 11 12 Department has the meaning given in the FES Act 13 section 3; 14 employed in the Department means employed or 15 engaged in the Department in accordance with the 16 FES Act section 20(1); 17 FES Act means the Fire and Emergency Services 18 Act 1998; 19 FES Commissioner has the meaning given in the 20 FES Act section 3; 21 (3) In section 7(1) in the definition of restricted burning time 22 paragraph (b) delete "situated;" and insert: 23 24 situated. 25 page 45 Fire and Emergency Services Legislation Amendment Bill 2012 Part 3 Bush Fires Act 1954 amended s. 47 1 47. Section 10 amended 2 (1) In section 10(1)(a), (b) and (e) delete "it" and insert: 3 4 the FES Commissioner 5 6 (2) Delete section 10(2)(a). 7 Note: The heading to amended section 10 is to read: 8 Powers of FES Commissioner 9 48. Section 12 replaced 10 Delete section 12 and insert: 11 12 12. Bush fire liaison officers 13 (1) In this section -- 14 departmental officer means a person employed in the 15 Department; 16 designation means a designation under subsection (2). 17 (2) The FES Commissioner may designate a departmental 18 officer to be a bush fire liaison officer. 19 (3) There are to be as many bush fire liaison officers as are 20 necessary to perform the functions conferred on bush 21 fire liaison officers by this Act or any other written 22 law. 23 (4) A person ceases to be a bush fire liaison officer if the 24 designation of the person is revoked or ceases to have 25 effect. 26 (5) The power to make a designation includes -- 27 (a) the power to revoke a designation previously 28 made; and page 46 Fire and Emergency Services Legislation Amendment Bill 2012 Bush Fires Act 1954 amended Part 3 s. 49 1 (b) the power to designate a person to perform 2 functions of another person who has that 3 designation when it is impractical for that other 4 person to perform the functions. 5 (6) A designation ceases to have effect if the person 6 designated ceases to be a departmental officer. 7 (7) These are to be in writing -- 8 (a) a designation; 9 (b) a revocation of a designation. 10 11 49. Section 14B amended 12 (1) In section 14B(2) after "authorised person" insert: 13 14 or a member of the Police Force 15 16 (2) In section 14B(4) delete "officer" and insert: 17 18 officer, a member of the Police Force 19 20 Note: The heading to amended section 14B is to read: 21 Powers of authorised persons and police officers during 22 authorised periods 23 50. Section 14 amended 24 In section 14(1): 25 (a) delete "A member of the Authority, an officer who is 26 authorised by the Authority" and insert: 27 28 A person employed in the Department who is authorised 29 by the FES Commissioner 30 page 47 Fire and Emergency Services Legislation Amendment Bill 2012 Part 3 Bush Fires Act 1954 amended s. 51 1 (b) after "control officer," insert: 2 3 designated or 4 5 Note: The heading to amended section 14 is to read: 6 Certain persons may enter land or building for purposes of Act 7 51. Section 17 amended 8 (1) In section 17(4) delete "it thinks" (each occurrence) and insert: 9 10 the FES Commissioner thinks 11 12 (2) In section 17(5) delete "appointed by it" and insert: 13 14 employed in the Department 15 16 52. Section 22C amended 17 In section 22C(1): 18 (a) delete "Chief Executive Officer that," and insert: 19 20 FES Commissioner that, 21 22 (b) delete "Chief Executive Officer," and insert: 23 24 FES Commissioner, 25 page 48 Fire and Emergency Services Legislation Amendment Bill 2012 Bush Fires Act 1954 amended Part 3 s. 53 1 53. Section 24B amended 2 In section 24B(1) delete "An officer of the Authority authorised 3 by the Authority" and insert: 4 5 A person employed in the Department authorised by the FES 6 Commissioner 7 8 54. Section 24E amended 9 In section 24E(2) delete "Chief Executive Officer" and insert: 10 11 FES Commissioner 12 13 55. Section 24G amended 14 In section 24G(1) delete "Chief Executive Officer" and insert: 15 16 FES Commissioner 17 18 56. Section 25A amended 19 In section 25A(1): 20 (a) delete "Chief Executive Officer that," and insert: 21 22 FES Commissioner that, 23 24 (b) delete "Chief Executive Officer," and insert: 25 26 FES Commissioner, 27 page 49 Fire and Emergency Services Legislation Amendment Bill 2012 Part 3 Bush Fires Act 1954 amended s. 57 1 57. Section 27B amended 2 (1) In section 27B(1) delete "member, employee or agent, of the 3 Authority, or" and insert: 4 5 person employed in the Department, an agent of the 6 FES Commissioner or an employee or agent 7 8 (2) In section 27B(2) delete "authority," and insert: 9 10 FES Commissioner, local government, 11 12 58. Section 28 amended 13 (1) In section 28(4) delete "Authority," and insert: 14 15 State, 16 17 (2) In section 28(5) delete "Authority," and insert: 18 19 FES Commissioner (on behalf of the State), 20 21 59. Section 35 amended 22 (1) In section 35(2) delete "Authority may by its servants or agents" 23 and insert: 24 25 FES Commissioner may authorise persons employed in the 26 Department or agents of the FES Commissioner to 27 page 50 Fire and Emergency Services Legislation Amendment Bill 2012 Bush Fires Act 1954 amended Part 3 s. 59 1 (2) In section 35(3) delete "on it" and insert: 2 3 on the FES Commissioner 4 5 (3) Delete section 35(3B) and insert: 6 7 (3B) A certificate signed by the FES Commissioner is 8 evidence of the amount referred to in subsection (3), 9 and the FES Commissioner may recover the amount in 10 a court of competent jurisdiction as a debt due to the 11 State from the local government or from the owner or 12 occupier of the land in respect of which the notice has 13 been given, as the FES Commissioner may at the FES 14 Commissioner's option elect. 15 16 (4) In section 35(5) delete "it deems" and insert: 17 18 the FES Commissioner deems 19 20 (5) In section 35(6): 21 (a) delete "Authority" (first occurrence) and insert: 22 23 FES Commissioner 24 25 (b) delete "Authority." and insert: 26 27 State. 28 29 Note: The heading to amended section 35 is to read: 30 Powers of FES Commissioner on default by local government page 51 Fire and Emergency Services Legislation Amendment Bill 2012 Part 3 Bush Fires Act 1954 amended s. 60 1 60. Section 38 amended 2 In section 38(2D) delete "Authority may appoint a person who 3 is not a member of staff (as defined in the FESA Act)" and 4 insert: 5 6 FES Commissioner may appoint a person who is not employed 7 in the Department 8 9 61. Section 38A amended 10 (1) In section 38A(1) delete "Authority may appoint a member of 11 staff (as defined in the FESA Act) to be" and insert: 12 13 FES Commissioner may designate a person employed in the 14 Department as 15 16 (2) In section 38A(2) delete "appointed" and insert: 17 18 designated 19 20 (3) In section 38A(3) and (4) delete "appointed under this section" 21 and insert: 22 23 designated under this section 24 25 Note: The heading to amended section 38A is to read: 26 FES Commissioner may designate person employed in 27 Department as Chief Bush Fire Control Officer page 52 Fire and Emergency Services Legislation Amendment Bill 2012 Bush Fires Act 1954 amended Part 3 s. 62 1 62. Section 39 amended 2 In section 39(1)(a) delete "Director of Operations" and insert: 3 4 FES Commissioner 5 6 63. Section 51 amended 7 In section 51(3) delete "FESA Act." and insert: 8 9 FES Act. 10 11 64. Section 55 deleted 12 Delete section 55. 13 65. Section 56 amended 14 In section 56(1)(a) and (2): 15 (a) delete "member of the Authority, an officer of the 16 Authority," and insert: 17 18 person employed in the Department for the purposes of 19 this Act, 20 21 (b) after "appointed" insert: 22 23 or designated 24 page 53 Fire and Emergency Services Legislation Amendment Bill 2012 Part 3 Bush Fires Act 1954 amended s. 66 1 66. Section 57 amended 2 In section 57: 3 (a) delete "member of the Authority, or an officer of the 4 Authority," and insert: 5 6 person employed in the Department for the purposes of 7 this Act, 8 9 (b) after "appointed" insert: 10 11 or designated 12 13 67. Section 59 amended 14 In section 59(1) delete "member of the Authority, an officer of 15 the Authority," and insert: 16 17 person employed in the Department for the purposes of this Act, 18 19 68. Section 65 amended 20 (1) In section 65(1): 21 (a) delete paragraph (a); 22 (b) in paragraph (c) delete "appointment of an officer of the 23 Authority or" and insert: 24 25 designation or appointment of a person employed in the 26 Department or of an officer 27 page 54 Fire and Emergency Services Legislation Amendment Bill 2012 Bush Fires Act 1954 amended Part 3 s. 69 1 (2) In section 65(2): 2 (a) in paragraph (b) delete "under the seal of the Authority;" 3 and insert: 4 5 by the FES Commissioner; or 6 7 (b) in paragraph (c) after "appointment" insert: 8 9 or designation 10 11 (c) in paragraph (c) delete "Chief Executive Officer; or" 12 and insert: 13 14 FES Commissioner; or 15 16 (d) after "due appointment" insert: 17 18 or designation 19 20 (3) In section 65(2) after paragraph (a) insert: 21 22 or 23 24 69. Various references to "Authority" amended 25 In the provisions listed in the Table delete "Authority" (each 26 occurrence) and insert: 27 28 FES Commissioner 29 page 55 Fire and Emergency Services Legislation Amendment Bill 2012 Part 3 Bush Fires Act 1954 amended s. 69 1 Table s. 7(1) def. of restricted burning s. 10(1) and (2) times s. 13(1), (2), (4) and (5) s. 14B def. of authorisation s. 14C(3) s. 17(4), (5), (6), (8)(a)(ii) and (b) and (9) s. 18(2) and (4a) s. 27B(2) s. 27C(1) and (2) s. 34(1a) s. 35(1), (3), (4) and (5) s. 38(2C), (2E), (6), (7) and (13) s. 38A(4)(b) s. 41(2a) s. 45A(2)(a)(i) s. 45(7)(a) s. 50(2)(b) s. 54 s. 58(3A) 2 Note: The heading to amended section 18 is to read: 3 Restricted burning times may be declared by FES Commissioner page 56 Fire and Emergency Services Legislation Amendment Bill 2012 Fire Brigades Act 1942 amended Part 4 s. 70 1 Part 4 -- Fire Brigades Act 1942 amended 2 70. Act amended 3 This Part amends the Fire Brigades Act 1942. 4 71. Section 4 amended 5 (1) In section 4(1) delete the definitions of: 6 Authority 7 Chief Executive Officer 8 Director 9 member of the Authority 10 the FESA Act 11 (2) In section 4(1) insert in alphabetical order: 12 13 Department has the meaning given in the FES Act 14 section 3; 15 employed in the Department means employed or 16 engaged in the Department in accordance with the FES 17 Act section 20(1); 18 FES Act means the Fire and Emergency Services 19 Act 1998; 20 FES Commissioner has the meaning given in the FES 21 Act section 3; 22 property of the Department means property vested in 23 the Minister that is under the control of the FES 24 Commissioner; 25 26 (3) Delete section 4(2). page 57 Fire and Emergency Services Legislation Amendment Bill 2012 Part 4 Fire Brigades Act 1942 amended s. 72 1 72. Part VI heading amended 2 In the heading to Part VI delete "Authority" and insert: 3 4 Minister and FES Commissioner 5 6 73. Section 24 amended 7 (1) In section 24(1): 8 (a) delete "Authority may purchase," and insert: 9 10 Minister may, under the FES Act section 8, purchase, 11 12 (b) delete "Authority may think" and insert: 13 14 Minister may think 15 16 (c) delete "to time" insert: 17 18 to time, under that section, 19 20 (d) delete "in the Authority" and insert: 21 22 in the Minister 23 24 (2) In section 24(2): 25 (a) delete "Authority" (first occurrence) and insert: 26 27 Minister 28 page 58 Fire and Emergency Services Legislation Amendment Bill 2012 Fire Brigades Act 1942 amended Part 4 s. 73 1 (b) delete "Authority" (second occurrence) and insert: 2 3 Department 4 5 (c) delete "Authority." and insert: 6 7 Department. 8 9 (3) In section 24(3): 10 (a) delete "Authority, or a body corporate to which the 11 Authority is" and insert: 12 13 Minister or the former Authority, or a body corporate to 14 which the former Authority was 15 16 (b) delete "Authority" (last occurrence) and insert: 17 18 Minister 19 20 (4) After section 24(3) insert: 21 22 (4) In subsection (3) -- 23 former Authority means the Fire and Emergency 24 Services Authority of Western Australia established by 25 the FES Act section 4, as in force immediately before 26 the commencement of the Fire and Emergency 27 Services Legislation Amendment Act 2012 section 7. 28 page 59 Fire and Emergency Services Legislation Amendment Bill 2012 Part 4 Fire Brigades Act 1942 amended s. 74 1 74. Section 25 amended 2 In section 25(e) delete "it" and insert: 3 4 the FES Commissioner 5 6 75. Section 26A amended 7 (1) In section 26A(1) delete "its functions under this Act the 8 Authority" and insert: 9 10 the FES Commissioner's functions under this Act the FES 11 Commissioner 12 13 (2) In section 26A(2): 14 (a) delete "Authority" (first occurrence) and insert: 15 16 FES Commissioner 17 18 (b) delete paragraph (c) and insert: 19 20 (c) utilise the apparatus, plant and other property of 21 the Department and use the persons employed 22 in the Department to promote public awareness 23 of the functions of the FES Commissioner 24 under this Act or to enhance the Department's 25 public image; and 26 27 (c) in paragraph (f) delete "Authority" (each occurrence) 28 and insert: 29 30 FES Commissioner 31 page 60 Fire and Emergency Services Legislation Amendment Bill 2012 Fire Brigades Act 1942 amended Part 4 s. 76 1 (d) in paragraph (h) delete "by the Authority" and insert: 2 3 in the Department 4 5 (e) in paragraph (h) delete "Authority;" and insert: 6 7 FES Commissioner; and 8 9 (f) in paragraph (i) delete "its functions;" and insert: 10 11 the FES Commissioner's functions; and 12 13 (g) in paragraph (k) delete "on it" and insert: 14 15 on the FES Commissioner 16 17 (3) In section 26A(2) after each of paragraphs (a), (b), (d), (f) 18 and (g) insert: 19 20 and 21 22 Note: The heading to amended section 26A is to read: 23 Further powers of FES Commissioner 24 76. Part VII heading amended 25 In the heading to Part VII delete "other employees" and 26 insert: 27 28 others 29 page 61 Fire and Emergency Services Legislation Amendment Bill 2012 Part 4 Fire Brigades Act 1942 amended s. 77 1 77. Section 29 deleted 2 Delete section 29. 3 78. Section 31 replaced 4 Delete section 31 and insert: 5 6 31. Brigades are under control of FES Commissioner 7 Every brigade and all the officers and members of a 8 brigade are under the immediate order and control of 9 the FES Commissioner. 10 11 79. Section 33 amended 12 In section 33(1): 13 (a) delete the passage that begins with "The Director" and 14 ends with "to say --" and insert: 15 16 The FES Commissioner, or a person employed in the 17 Department who is authorised by the FES 18 Commissioner for the purposes of this section, is to 19 perform or exercise, in addition to any other duties, the 20 following general duties and powers -- 21 22 (b) in paragraph (c) delete "and report to the Authority" and 23 insert: 24 25 and, in the case of a person other than the FES 26 Commissioner, report to the FES Commissioner 27 28 (c) in paragraph (d) delete "Authority" and insert: 29 30 Department 31 page 62 Fire and Emergency Services Legislation Amendment Bill 2012 Fire Brigades Act 1942 amended Part 4 s. 80 1 (d) delete paragraph (g) and insert: 2 3 (g) in the case of a person other than the FES 4 Commissioner, the person is to make any 5 inquiries and reports as directed by the FES 6 Commissioner. 7 8 Note: The heading to amended section 33 is to read: 9 General duties and powers of FES Commissioner and authorised 10 persons 11 80. Section 33A amended 12 (1) In section 33A(1): 13 (a) delete "Director or an officer of the Authority authorised 14 by the Authority in that behalf " and insert: 15 16 FES Commissioner, or a person employed in the 17 Department who is authorised by the FES 18 Commissioner for the purposes of this section, 19 20 (b) in paragraph (b) delete "Director or officer" and insert: 21 22 FES Commissioner or person 23 24 (2) In section 33A(3), (4), (5), (6), (9), (11) and (14)(a) and (c) 25 delete "Director" (each occurrence) and insert: 26 27 FES Commissioner 28 page 63 Fire and Emergency Services Legislation Amendment Bill 2012 Part 4 Fire Brigades Act 1942 amended s. 81 1 (3) In section 33A(15) in the definition of authorised officer delete 2 "an officer of the Authority authorised by the Authority" and 3 insert: 4 5 a person employed in the Department who is authorised by the 6 FES Commissioner 7 8 (4) In section 33A(15) in the definition of presumed occupier 9 delete "Director" and insert: 10 11 FES Commissioner 12 13 Note: The heading to amended section 33A is to read: 14 Duties and powers of FES Commissioner and authorised officers 15 in relation to public buildings 16 81. Section 34 amended 17 In section 34: 18 (a) delete "Director or, in his absence" and insert: 19 20 FES Commissioner or 21 22 23 (b) delete "an officer of the Authority authorised by the 24 Authority in that behalf," and insert: 25 26 a person employed in the Department who is authorised 27 by the FES Commissioner for the purposes of this 28 section, 29 30 Note: The heading to amended section 34 is to read: 31 Duties and powers of FES Commissioner and others at fires page 64 Fire and Emergency Services Legislation Amendment Bill 2012 Fire Brigades Act 1942 amended Part 4 s. 82 1 82. Section 34A amended 2 (1) Delete section 34A(3) and insert: 3 4 (3) An authorised officer other than the FES 5 Commissioner must not specify a period of more than 6 3 hours under subsection (1)(a) or (b) unless the FES 7 Commissioner has given written authorisation for a 8 longer period to be specified in relation to the person 9 exposed to the hazardous material. 10 11 (2) Delete section 34A(10) and insert: 12 13 (10) In this section -- 14 authorised officer, in relation to a hazardous material 15 incident, means the FES Commissioner or the officer 16 or any member of the brigade who for the time being is 17 in charge. 18 19 83. Section 35 amended 20 In section 35(2): 21 (a) in paragraph (d) delete "employees," and insert: 22 23 persons employed or engaged for the purposes of this 24 Act in accordance with the FES Act section 20(1)(b) 25 or (c), 26 27 (b) in paragraph (d) delete "employees;" and insert: 28 29 persons; 30 page 65 Fire and Emergency Services Legislation Amendment Bill 2012 Part 4 Fire Brigades Act 1942 amended s. 84 1 (c) in paragraph (e) delete "employees;" and insert: 2 3 persons employed or engaged for the purposes of this 4 Act in accordance with the FES Act section 20(1)(b) 5 or (c); 6 7 (d) in paragraph (g) delete "employees of the Authority" 8 and insert: 9 10 persons employed or engaged for the purposes of this 11 Act in accordance with the FES Act section 20(1)(b) 12 or (c) 13 14 (e) after paragraph (x) delete "and". 15 84. Section 47A deleted 16 Delete section 47A. 17 85. Section 49 amended 18 In section 49 delete "member or officer of the Authority." and 19 insert: 20 21 person employed in the Department who is authorised by the 22 FES Commissioner for the purposes of this section. 23 24 86. Section 51 amended 25 In section 51: 26 (a) delete "Director certifying" and insert: 27 28 FES Commissioner being satisfied 29 page 66 Fire and Emergency Services Legislation Amendment Bill 2012 Fire Brigades Act 1942 amended Part 4 s. 87 1 (b) delete "Authority may, in its discretion," and insert: 2 3 FES Commissioner may, in his or her discretion, 4 5 (c) delete "Authority thinks" and insert: 6 7 FES Commissioner thinks 8 9 (d) delete "Authority may by resolution" and insert: 10 11 FES Commissioner may 12 13 87. Section 52 amended 14 (1) In section 52(1) delete "regulations, the Authority" and insert: 15 16 the regulations, the FES Commissioner 17 18 (2) In section 52(2) delete "in that behalf by the Authority" and 19 insert: 20 21 under subsection (1) by the FES Commissioner 22 23 88. Section 54 amended 24 (1) In section 54(4): 25 (a) delete "On and after the proclaimed day, the Authority" 26 and insert: 27 28 The FES Commissioner 29 page 67 Fire and Emergency Services Legislation Amendment Bill 2012 Part 4 Fire Brigades Act 1942 amended s. 88 1 (b) delete "Authority" (second occurrence) and insert: 2 3 FES Commissioner 4 5 (2) In section 54(5) delete "Authority" (first and second 6 occurrences) and insert: 7 8 FES Commissioner 9 10 (3) In section 54(9): 11 (a) delete "Authority" (first occurrence) and insert: 12 13 FES Commissioner 14 15 (b) delete "Authority" (second occurrence) and insert: 16 17 State 18 19 (4) In section 54(10): 20 (a) delete "shall vest in the Authority" and insert: 21 22 vests, or is to be taken to have vested, in the Minister 23 24 (b) in the Table item 3 Column 1 delete "Authority." and 25 insert: 26 27 FES Commissioner. 28 page 68 Fire and Emergency Services Legislation Amendment Bill 2012 Fire Brigades Act 1942 amended Part 4 s. 89 1 89. Section 58 amended 2 In section 58 delete "Director" (each occurrence) and insert: 3 4 FES Commissioner 5 6 Note: The heading to amended section 58 is to read: 7 Police and others to aid FES Commissioner 8 90. Section 59 amended 9 In section 59(b) delete "Authority;" and insert: 10 11 Department; 12 13 91. Section 66 amended 14 In section 66: 15 (a) delete "by the Authority" and insert: 16 17 in the Department for the purposes of this Act 18 19 (b) delete "belonging to the Authority," and insert: 20 21 of the Department, 22 23 (c) delete "Authority" (third, fourth and fifth occurrences) 24 and insert: 25 26 FES Commissioner 27 page 69 Fire and Emergency Services Legislation Amendment Bill 2012 Part 4 Fire Brigades Act 1942 amended s. 92 1 92. Section 67 amended 2 (1) Delete section 67(1) and insert: 3 4 (1A) In this section -- 5 authorised officer means -- 6 (a) the FES Commissioner; or 7 (b) a person employed in the Department, or an 8 agent of the FES Commissioner, who is 9 authorised in writing by the FES Commissioner 10 for the purposes of this section. 11 (1) An authorised officer may enter, and, if necessary, 12 break into any place where any property of the 13 Department is detained contrary to the order of the FES 14 Commissioner, and may remove that property. 15 16 (2) In section 67(2) delete "the Director or any such officer, 17 employee, or agent" and insert: 18 19 an authorised officer 20 21 Note: The heading to amended section 67 is to read: 22 Detention of property of the Department 23 93. Section 73 deleted 24 Delete section 73. 25 94. Various references to "Authority" amended 26 In the provisions listed in the Table delete "Authority" (each 27 occurrence) and insert: 28 29 FES Commissioner 30 page 70 Fire and Emergency Services Legislation Amendment Bill 2012 Fire Brigades Act 1942 amended Part 4 s. 94 1 Table s. 4(1) def. of permanent fire s. 25 brigade, private fire brigade and volunteer fire brigade s. 25A(1) and (4) s. 26 s. 27(1) and (2) s. 30 s. 34(h) s. 48 s. 50 s. 55 s. 56(b) s. 57 s. 61 2 Note: The headings to the amended sections listed in the Table are to read 3 as set out in the Table. 4 Table Amended section Section heading s. 25 Functions of FES Commissioner s. 25A FES Commissioner may require certain fire fighting appliances s. 27 FES Commissioner's proposals to be submitted to local government s. 48 FES Commissioner to furnish information to Commissioner of Public Health page 71 Fire and Emergency Services Legislation Amendment Bill 2012 Part 5 Fire and Emergency Services Superannuation Act 1985 amended s. 95 1 Part 5 -- Fire and Emergency Services Superannuation 2 Act 1985 amended 3 95. Act amended 4 This Part amends the Fire and Emergency Services 5 Superannuation Act 1985. 6 96. Long title amended 7 In the long title: 8 (a) delete "Authority of Western Australia"; 9 (b) before "Western Australian" insert: 10 11 Fire and Emergency Services Authority of Western 12 Australia and the 13 14 97. Section 3 amended 15 (1) In section 3(1) delete the definitions of: 16 chief executive officer 17 eligible Authority employee 18 (2) In section 3(1) insert in alphabetical order: 19 20 eligible FES employee means a firefighter, or a person 21 holding a prescribed office or of a prescribed class 22 employed in the department principally assisting in the 23 administration of the Fire and Emergency Services 24 Act 1998; 25 FES Commissioner has the same meaning as in the 26 Fire and Emergency Services Act 1998 section 3; 27 former Authority employee means a person to whom 28 section 5(4)(a) applied immediately before the coming 29 into operation of the Fire and Emergency Services 30 Legislation Amendment Act 2012 section 99(2); 31 page 72 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Superannuation Act 1985 Part 5 amended s. 98 1 (3) In section 3(1) in the definition of Authority delete "Fire and 2 Emergency Services Authority of Western Australia Act 1998;" 3 and insert: 4 5 Fire and Emergency Services Act 1998, as in force immediately 6 before the coming into operation of the Fire and Emergency 7 Services Legislation Amendment Act 2012 section 7; 8 9 (4) In section 3(1) in the definition of Fire Brigades Board delete 10 "Authority of Western Australia". 11 98. Section 4 amended 12 (1) In section 4(4)(a) delete "Authority; and" and insert: 13 14 FES Commissioner; and 15 16 (2) In section 4(5) delete "Authority" and insert: 17 18 FES Commissioner 19 20 99. Section 5 amended 21 (1) In section 5(2)(a) delete "chief executive officer" and insert: 22 23 FES Commissioner 24 25 (2) In section 5(4): 26 (a) in paragraph (a) delete "Authority employees;" and 27 insert: 28 29 FES employees; and 30 page 73 Fire and Emergency Services Legislation Amendment Bill 2012 Part 5 Fire and Emergency Services Superannuation Act 1985 amended s. 100 1 (b) after paragraph (c) insert: 2 3 (da) former Authority employees; and 4 5 (c) in paragraph (d) delete "(b) and (c)." and insert: 6 7 (b), (c) and (da). 8 9 (3) In section 5(4) after paragraph (b) insert: 10 11 and 12 13 100. Section 6 amended 14 In section 6(3)(e) delete "Authority" and insert: 15 16 FES Commissioner 17 18 101. Section 17 amended 19 In section 17(4) delete "Authority" and insert: 20 21 FES Commissioner 22 23 102. Section 27 amended 24 In section 27(1) and (2) delete "chief executive officer" (each 25 occurrence) and insert: 26 27 FES Commissioner 28 page 74 Fire and Emergency Services Legislation Amendment Bill 2012 Fire and Emergency Services Superannuation Act 1985 Part 5 amended s. 103 1 103. Section 28 amended 2 In section 28(1) delete "chief executive officer" and insert: 3 4 FES Commissioner 5 6 104. Section 31 amended 7 In section 31 delete "Authority" (each occurrence) and insert: 8 9 FES Commissioner 10 11 Note: The heading to amended section 31 is to read: 12 Assistance from FES Commissioner 13 105. Section 32 amended 14 In section 32(b) delete "chief executive officer" and insert: 15 16 FES Commissioner 17 18 106. Schedule 2 amended 19 (1) In Schedule 2 clause 1 in the definition of appointed member 20 delete "Authority" and insert: 21 22 FES Commissioner 23 24 (2) In Schedule 2 clause 6(2) delete "Authority" and insert: 25 26 FES Commissioner 27 page 75 Fire and Emergency Services Legislation Amendment Bill 2012 Part 5 Fire and Emergency Services Superannuation Act 1985 amended s. 106 1 (3) In Schedule 2 clause 7(2) and (3) delete "Authority" and insert: 2 3 FES Commissioner 4 page 76 Fire and Emergency Services Legislation Amendment Bill 2012 Emergency Management Act 2005 amended Part 6 s. 107 1 Part 6 -- Emergency Management Act 2005 amended 2 107. Act amended 3 This Part amends the Emergency Management Act 2005. 4 108. Section 50 amended 5 (1) Before section 50(1) insert: 6 7 (1A) The State Emergency Coordinator may, in writing, 8 declare that an emergency situation exists in an area of 9 the State in respect of any hazard. 10 11 (2) In section 50(2): 12 (a) after "The" insert: 13 14 State Emergency Coordinator or the 15 16 (b) delete "it is". 17 (3) In section 50(4) after "this section" insert: 18 19 the State Emergency Coordinator or 20 21 (4) After section 50(4) insert: 22 23 (5A) If a declaration under this section is made by the State 24 Emergency Coordinator in respect of a hazard, the 25 State Emergency Coordinator must notify the hazard 26 management agency for emergency management of the 27 hazard as soon as practicable after the declaration is 28 made. 29 page 77 Fire and Emergency Services Legislation Amendment Bill 2012 Part 6 Emergency Management Act 2005 amended s. 109 1 (5) In section 50(5) delete "The" and insert: 2 3 If a hazard management agency makes a declaration under this 4 section, the 5 6 (6) After section 50(5) insert: 7 8 (6A) If a hazard management agency is notified under 9 subsection (5A) of a declaration under this section 10 made by the State Emergency Coordinator, the hazard 11 management agency -- 12 (a) must notify each district emergency coordinator 13 and local emergency coordinator for a local 14 government district to which the emergency 15 situation declaration applies as soon as 16 practicable after the notification is given; and 17 (b) is taken to have made the declaration for the 18 purposes of any provision of this Act other than 19 this section. 20 21 (7) In section 50(6) after "notify under subsection" insert: 22 23 (5A) or 24 25 Note: The heading to amended section 50 is to read: 26 State Emergency Coordinator or hazard management agency may 27 make emergency situation declaration 28 109. Section 71 amended 29 In section 71(1) and (2) delete "the most senior police officer 30 present in the emergency area" and insert: 31 32 a police officer 33 page 78 Fire and Emergency Services Legislation Amendment Bill 2012 Other Acts amended Part 7 Constitution Acts Amendment Act 1899 amended Division 1 s. 110 1 Part 7 -- Other Acts amended 2 Division 1 -- Constitution Acts Amendment Act 1899 amended 3 110. Act amended 4 This Division amends the Constitution Acts Amendment 5 Act 1899. 6 111. Schedule V amended 7 In Schedule V Part 3 delete the item relating to the Fire and 8 Emergency Services Authority of Western Australia. 9 Division 2 -- Country Areas Water Supply Act 1947 amended 10 112. Act amended 11 This Division amends the Country Areas Water Supply 12 Act 1947. 13 113. Section 37 amended 14 (1) In section 37(1) delete the definition of Authority. 15 (2) In section 37(1) insert in alphabetical order: 16 17 FES Commissioner has the meaning given in the Fire 18 and Emergency Services Act 1998 section 3; 19 20 (3) In section 37(3) and (7) delete "Authority" (each occurrence) 21 and insert: 22 23 FES Commissioner 24 page 79 Fire and Emergency Services Legislation Amendment Bill 2012 Part 7 Other Acts amended Division 2 Country Areas Water Supply Act 1947 amended s. 113 1 (4) In section 37(9) delete "Authority or the local government to 2 whom the statement is rendered" and insert: 3 4 State or the local government, according to whether the 5 statement is rendered to the FES Commissioner or the local 6 government, 7 8 (5) In section 37(10)(a) delete "Authority" and insert: 9 10 Minister responsible for the administration of the Fire and 11 Emergency Services Act 1998 12 13 (6) In section 37(11)(a) delete "Authority" and insert: 14 15 FES Commissioner 16 17 (7) In section 37(15): 18 (a) delete "Authority" (first occurrence) and insert: 19 20 Minister referred to in that subsection 21 22 (b) delete "Authority" (second occurrence) and insert: 23 24 the FES Commissioner 25 26 (c) delete "as the case may be, in which the property in the 27 fire hydrant is vested" and insert: 28 29 according to whether the property in the fire hydrant is 30 vested in the Minister referred to in subsection (10) or 31 the local government, 32 page 80 Fire and Emergency Services Legislation Amendment Bill 2012 Other Acts amended Part 7 The Criminal Code amended Division 3 s. 114 1 Division 3 -- The Criminal Code amended 2 114. Act amended 3 This Division amends The Criminal Code. 4 115. Section 297 amended 5 In section 297(4)(d)(ii): 6 (a) delete "FESA Unit" and insert: 7 8 FES Unit 9 10 (b) delete "Authority of Western Australia". 11 116. Section 318 amended 12 In section 318(1)(h)(ii): 13 (a) delete "FESA Unit," and insert: 14 15 FES Unit, 16 17 (b) delete "Authority of Western Australia". 18 Division 4 -- Dangerous Goods Safety Act 2004 amended 19 117. Act amended 20 This Division amends the Dangerous Goods Safety Act 2004. 21 118. Section 40 amended 22 In section 40(1) in the definition of unauthorised person 23 paragraph (a) delete "of the Fire and Emergency Services 24 Authority of Western Australia; or" and insert: 25 26 in the department of the Public Service that principally assists 27 the Minister with the administration of the Fire and Emergency 28 Services Act 1998; or 29 page 81 Fire and Emergency Services Legislation Amendment Bill 2012 Part 7 Other Acts amended Division 5 Emergency Services Levy Act 2002 amended s. 119 1 Division 5 -- Emergency Services Levy Act 2002 amended 2 119. Act amended 3 This Division amends the Emergency Services Levy Act 2002. 4 120. Long title amended 5 In the long title delete "Authority of Western Australia". 6 121. Section 3 amended 7 In section 3 delete "Authority of Western Australia". 8 Division 6 -- Environmental Protection Act 1986 amended 9 122. Act amended 10 This Division amends the Environmental Protection Act 1986. 11 123. Schedule 6 amended 12 In Schedule 6 item 12 delete "Fire and Emergency Services 13 Authority of Western Australia established under the Fire and 14 Emergency Services Authority of Western Australia Act 1998." and 15 insert: 16 17 FES Commissioner as defined in the Fire and Emergency Services 18 Act 1998 section 3. 19 20 Division 7 -- Financial Management Act 2006 amended 21 124. Act amended 22 This Division amends the Financial Management Act 2006. 23 125. Schedule 1 amended 24 In Schedule 1 delete "Fire and Emergency Services Authority of 25 Western Australia". page 82 Fire and Emergency Services Legislation Amendment Bill 2012 Other Acts amended Part 7 Litter Act 1979 amended Division 8 s. 126 1 Division 8 -- Litter Act 1979 amended 2 126. Act amended 3 This Division amends the Litter Act 1979. 4 127. Third Schedule amended 5 In the Third Schedule in column 2 delete "Fire and Emergency 6 Services Authority of Western Australia" and insert: 7 The FES Commissioner as defined in the Fire and Emergency Services Act 1998 section 3 8 9 Division 9 -- Metropolitan Water Supply, Sewerage, and 10 Drainage Act 1909 amended 11 128. Act amended 12 This Division amends the Metropolitan Water Supply, 13 Sewerage, and Drainage Act 1909. 14 129. Section 45 amended 15 (1) In section 45(1) delete the definition of Authority. 16 (2) In section 45(1) insert in alphabetical order: 17 18 FES Commissioner has the meaning given in the Fire 19 and Emergency Services Act 1998 section 3; 20 21 (3) In section 45(3) and (7) delete "Authority" (each occurrence) 22 and insert: 23 24 FES Commissioner 25 page 83 Fire and Emergency Services Legislation Amendment Bill 2012 Part 7 Other Acts amended Division 10 Pay-roll Tax Assessment Act 2002 amended s. 130 1 (4) In section 45(9) delete "Authority or the local government to 2 whom the statement is rendered" and insert: 3 4 State or the local government, according to whether the 5 statement is rendered to the FES Commissioner or the local 6 government, 7 8 (5) In section 45(10)(a) delete "Authority" and insert: 9 10 Minister responsible for the administration of the Fire and 11 Emergency Services Act 1998 12 13 (6) In section 45(11)(a) delete "Authority" and insert: 14 15 FES Commissioner 16 17 Division 10 -- Pay-roll Tax Assessment Act 2002 amended 18 130. Act amended 19 This Division amends the Pay-roll Tax Assessment Act 2002. 20 131. Section 40 amended 21 In section 40(2)(p)(i): 22 (a) delete "FESA Unit," and insert: 23 24 FES Unit, 25 26 (b) delete "Authority of Western Australia". 27 page 84 Fire and Emergency Services Legislation Amendment Bill 2012 Other Acts amended Part 7 Public Sector Management Act 1994 amended Division 11 s. 132 1 Division 11 -- Public Sector Management Act 1994 amended 2 132. Act amended 3 This Division amends the Public Sector Management Act 1994. 4 133. Schedule 2 amended 5 Delete Schedule 2 item 10A. 6 Division 12 -- Rates and Charges (Rebates and Deferments) 7 Act 1992 amended 8 134. Act amended 9 This Division amends the Rates and Charges (Rebates and 10 Deferments) Act 1992. 11 135. Section 3 amended 12 (1) In section 3(1) in the definition of emergency services levy 13 delete "Authority of Western Australia". 14 (2) In section 3(1a) delete "Authority of Western Australia". 15 136. Section 17 amended 16 (1) In section 17(1b) delete "Fire and Emergency Services 17 Authority of Western Australia established by section 4 of the 18 Fire and Emergency Services Authority of Western Australia 19 Act 1998." and insert: 20 21 FES Commissioner as defined in the Fire and Emergency 22 Services Act 1998 section 3. 23 24 (2) In section 17(1c) delete "Authority of Western Australia". page 85 Fire and Emergency Services Legislation Amendment Bill 2012 Part 7 Other Acts amended Division 13 Road Traffic Act 1974 amended s. 137 1 Division 13 -- Road Traffic Act 1974 amended 2 137. Act amended 3 This Division amends the Road Traffic Act 1974. 4 138. Section 64A amended 5 In section 64A(4A)(b) delete "Authority of Western Australia". 6 139. Section 64AAA amended 7 In section 64AAA(2A)(b) delete "Authority of Western 8 Australia". 9 Division 14 -- Sentencing Act 1995 amended 10 140. Act amended 11 This Division amends the Sentencing Act 1995. 12 141. Schedule 1 amended 13 In Schedule 1 delete the item relating to the Bush Fires 14 Act 1954. 15 Division 15 -- Swan and Canning Rivers Management 16 Act 2006 amended 17 142. Act amended 18 This Division amends the Swan and Canning Rivers 19 Management Act 2006. 20 143. Schedule 5 amended 21 (1) In Schedule 5 item 1(f) delete "Authority of Western Australia". 22 (2) Delete Schedule 5 item 6. page 86 Fire and Emergency Services Legislation Amendment Bill 2012 Other Acts amended Part 7 Volunteers and Food and Other Donors (Protection from Division 16 Liability) Act 2002 amended s. 144 1 Division 16 -- Volunteers and Food and Other Donors 2 (Protection from Liability) Act 2002 amended 3 144. Act amended 4 This Division amends the Volunteers and Food and Other 5 Donors (Protection from Liability) Act 2002. 6 145. Section 4 amended 7 In section 4(1) in the definition of volunteer paragraph (a) 8 delete "Authority of Western Australia". 9 Division 17 -- Water Boards Act 1904 amended 10 146. Act amended 11 This Division amends the Water Boards Act 1904. 12 147. Section 63 amended 13 (1) In section 63(1) delete the definition of Authority. 14 (2) In section 63(1) insert in alphabetical order: 15 16 FES Commissioner has the meaning given in the Fire 17 and Emergency Services Act 1998 section 3; 18 19 (3) In section 63(3) and (7) delete "Authority" (each occurrence) 20 and insert: 21 22 FES Commissioner 23 24 (4) In section 63(9) delete "Authority or the local government to 25 whom the statement is rendered" and insert: 26 27 State or the local government, according to whether the 28 statement is rendered to the FES Commissioner or the local 29 government, 30 page 87 Fire and Emergency Services Legislation Amendment Bill 2012 Part 7 Other Acts amended Division 17 Water Boards Act 1904 amended s. 147 1 (5) In section 63(10)(a) delete "Authority" and insert: 2 3 Minister responsible for the administration of the Fire and 4 Emergency Services Act 1998 5 6 (6) In section 63(11)(a) delete "Authority" and insert: 7 8 FES Commissioner 9 10 (7) In section 63(15): 11 (a) delete "Authority" (first occurrence) and insert: 12 13 Minister referred to in that subsection 14 15 (b) delete "Authority" (second occurrence) and insert: 16 17 FES Commissioner 18 19 (c) delete "as the case may be, in which the property in the 20 fire hydrant is vested" and insert: 21 22 according to whether the property in the fire hydrant is 23 vested in the Minister referred to in subsection (10) or 24 the local government, 25
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