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This is a Bill, not an Act. For current law, see the Acts databases.


FIRE AND EMERGENCY SERVICES LEGISLATION AMENDMENT BILL 2012

                     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


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       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




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       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
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                    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.


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                                            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.




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     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

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                                              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
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                    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




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       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
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                    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




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                                              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
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                    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
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                                            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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