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


FIRE AND EMERGENCY SERVICES LEGISLATION (EMERGENCY SERVICES LEVY) AMENDMENT BILL 2002

                      Western Australia


Fire and Emergency Services Legislation
(Emergency Services Levy) Amendment
              Bill 2002

                        CONTENTS


      Part 1 -- Preliminary
1.    Short title                             2
2.    Commencement                            2
      Part 2 -- Fire and Emergency Services
           Authority of Western Australia
           Act 1998
3.    The Act amended                         3
4.    Section 3 amended                       3
5.    Sections 3A and 3B inserted             4
6.    Section 12 amended                      6
7.    Section 15 amended                      6
8.    Section 18B amended                     6
9.    Part 6 heading replaced                 6
10.   Section 29 amended                      6
11.   Section 30 amended                      7
12.   Section 33 amended                      8
13.   Sections 35A and 35B inserted           8
14.   Section 36 amended                      9
15.   Part 6A inserted                       10
      Division 10 -- Fees and charges         31
16.   Section 38A amended                    32
17.   Schedule 1A inserted                   33




                                             page i
                         151 -- 2B
Fire and Emergency Services Legislation (Emergency Services Levy)
Amendment Bill 2002



Contents


           Part 3 -- Fire Brigades Act 1942
   18.     The Act amended                                          35
   19.     Section 4 amended                                        35
   20.     Section 26A amended                                      35
   21.     Section 35 amended                                       35
   22.     Section 35A replaced                                     36
   23.     Part IX repealed                                         36
   24.     Section 62 repealed                                      37
   25.     Section 65 repealed                                      37
   26.     Section 68 repealed                                      37
   27.     Section 69 repealed                                      37
   28.     Section 70 repealed                                      37
   29.     Fourth Schedule repealed                                 37
           Part 4 -- Rates and Charges (Rebates
                and Deferments) Act 1992
   30.     The Act amended                                          38
   31.     Section 3 amended                                        38
   32.     Section 17 amended                                       39
   33.     Section 32 amended, and transitional                     40
   34.     Section 40 amended                                       41
   35.     Section 42 amended                                       41
           Part 5 -- Miscellaneous
   36.     Transitional provisions                                  42
           Schedule 1 -- Transitional provisions                     43
           Division 1 -- Definitions                                 43
   1.      Definitions                                              43
           Division 2 -- Savings and transitional provisions
                 relating to Part IX of the Fire Brigades
                 Act 1942                                           43
   2.      Application                                              43
   3.      Section 36                                               44
   4.      Section 37                                               44
   5.      Section 38                                               44
   6.      Section 39                                               45
   7.      Section 40                                               45
   8.      Section 42                                               45


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  Fire and Emergency Services Legislation (Emergency Services Levy)
                                               Amendment Bill 2002



                                                           Contents


9.     Section 43                                            45
10.    Section 44                                            45
11.    Section 45                                            45
12.    Section 46                                            46
13.    Section 46A                                           46
       Division 3 -- Arrangements with insurance
             companies                                       47
14.    Arrangements with insurance companies                 47
15.    Report by Minister                                    47
       Division 4 -- Regulations                              47
16.    Further transitional regulations may be made          47




                                                            page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY


                      (As amended in Committee)



  Fire and Emergency Services Legislation
  (Emergency Services Levy) Amendment
                Bill 2002


                               A Bill for


An Act to amend --
•  the Fire and Emergency Services Authority of Western Australia
    Act 1998; and
•  the Fire Brigades Act 1942,
to provide for the payment of a levy for the provision of emergency
services, to amend and consolidate the financial provisions relating
to emergency services, to make consequential amendments to the
Rates and Charges (Rebates and Deferments) Act 1992, and for related
purposes.



The Parliament of Western Australia enacts as follows:




                                                              page 1
    Fire and Emergency Services Legislation (Emergency Services Levy)
    Amendment Bill 2002
    Part 1         Preliminary

    s. 1


                             Part 1 -- Preliminary
    1.         Short title
               This Act may be cited as the Fire and Emergency Services
               Legislation (Emergency Services Levy) Amendment Act 2002.

5   2.         Commencement
         (1)   This Act comes into operation on a day fixed by proclamation.
         (2)   Different days may be fixed under subsection (1) for different
               provisions.




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              Fire and Emergency Services Legislation (Emergency Services Levy)
                                                              Amendment Bill 2002
          Fire and Emergency Services Authority of Western Australia       Part 2
                                                           Act 1998

                                                                                s. 3


          Part 2 -- Fire and Emergency Services Authority of
                     Western Australia Act 1998
     3.         The Act amended
                The amendments in this Part are to the Fire and Emergency
5               Services Authority of Western Australia Act 1998*.
                [* Act No. 41 of 1998.
                   For subsequent amendments see 2001 Index to Legislation of
                   Western Australia, Table 1, p. 135, and Act No. 20 of 2002.]

     4.         Section 3 amended
10              Section 3 is amended by inserting the following definitions in
                the appropriate alphabetical positions --
                "
                      "annual estimate", in relation to expenditure, means
                          an estimate of expenditure for a financial year;
15                    "assessment notice" means a notice served under
                          section 36J(1) or 36L(2);
                      "Crown land" has the same meaning as it has in the
                          Land Administration Act 1997;
                      "ESL category area" means an area of Western
20                        Australia that is declared under section 36F(2);
                      "gross rental value", in relation to land, has the same
                          meaning as it has in the Valuation of Land
                          Act 1978;
                      "leviable land" means land on which the levy is
25                        payable;
                      "levy" means the emergency services levy determined
                          under Part 6A and imposed under the Emergency
                          Services Levy Act 2002;
                      "levy interest" means interest that has accrued on the
30                        levy under section 36S;


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     Fire and Emergency Services Legislation (Emergency Services Levy)
     Amendment Bill 2002
     Part 2         Fire and Emergency Services Authority of Western Australia
                    Act 1998

     s. 5

                    "levy year", in relation to the payment of the levy,
                        means the financial year for which the levy is
                        payable;
                    "owner", in relation to land, has the meaning given in
5                       section 3A;
                                                                                 ".

     5.       Sections 3A and 3B inserted
              After section 3 the following sections are inserted in Part 1 --
     "
10          3A.     Meaning of owner of land
                    In this Act --
                    "owner" --
                         (a) in relation to Crown land, means --
                               (i) a lessee of the land or another person
15                                   with a right to occupy the land
                                     otherwise than as an owner according to
                                     paragraph (b) or (c); or
                              (ii) a person with a right to acquire by
                                     purchase or otherwise the fee simple of
20                                   the land;
                         (b) in relation to Crown land that does not have
                                an owner according to paragraph (a) and
                                that --
                               (i) is vested in a person;
25                            (ii) is dedicated to a purpose of a person; or
                             (iii) is placed under the control of a person,
                                means that person or, if applicable, the
                                management body within the meaning of the
                                Land Administration Act 1997 for the land;




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         Fire and Emergency Services Legislation (Emergency Services Levy)
                                                         Amendment Bill 2002
     Fire and Emergency Services Authority of Western Australia       Part 2
                                                      Act 1998

                                                                        s. 5

                     (c)    in relation to Crown land that does not have
                            an owner according to paragraph (a) or (b),
                            means the State;
                     (d) in relation to freehold land that is under the
5                           operation of the Transfer of Land Act 1893,
                            means a proprietor within the meaning of
                            that Act, except a mortgagee who is not a
                            mortgagee in possession of the land;
                     (e) in relation to land that is subject to the
10                          Registration of Deeds Act 1856, means the
                            holder of an interest registered by memorial
                            under that Act, except a mortgagee who is
                            not a mortgagee in possession of the land; or
                      (f) means a person who --
15                         (i) under the Mining Act 1978, holds in
                                 respect of the land a mining tenement
                                 within the meaning of that Act;
                          (ii) in accordance with the Mining Act 1978,
                                 holds, occupies, uses, or enjoys in
20                               respect of the land a mining tenement
                                 within the meaning of the Mining
                                 Act 1904; or
                         (iii) under the Petroleum Act 1967, holds in
                                 respect of the land a petroleum
25                               production licence or a petroleum
                                 exploration permit within the meaning
                                 of that Act.

        3B.      Act binds Crown
                 This Act binds the Crown.
30                                                                          ".




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     Fire and Emergency Services Legislation (Emergency Services Levy)
     Amendment Bill 2002
     Part 2         Fire and Emergency Services Authority of Western Australia
                    Act 1998

     s. 6

     6.       Section 12 amended
              After section 12(2)(e) "and" is deleted and the following is
              inserted --
                        "
5                           (ea)   develop and turn to account any technology,
                                   software or other intellectual property that
                                   relates to a function of the Authority and, for
                                   that purpose, apply for, hold, exploit and
                                   dispose of any patent, patent rights, copyright
10                                 or similar rights; and
                                                                                     ".

     7.       Section 15 amended
              Section 15(1) is amended after "Acts" by inserting --
              "    , except the Minister's functions under Part 6A ".

15   8.       Section 18B amended
              Section 18B(3)(j) is amended after "roads" by inserting --
              " or any area of water           ".

     9.       Part 6 heading replaced
              The heading to Part 6 is deleted and the following heading is
20            inserted instead --
     "
                    Part 6 -- General financial provisions
                                                                                     ".

     10.      Section 29 amended
25            Section 29 is amended as follows:
                  (a)       after paragraph (a) by inserting --
                            " and ";


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           Fire and Emergency Services Legislation (Emergency Services Levy)
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       Fire and Emergency Services Authority of Western Australia       Part 2
                                                        Act 1998

                                                                                          s. 11

                      (b)        by deleting paragraphs (b), (c) and (d) and "and" after
                                 paragraph (c) and inserting instead --
                            "
                                 (b)   other moneys lawfully provided for the
5                                      purposes of the emergency services Acts or
                                       received by the Authority in the performance of
                                       its functions under those Acts.
                                                                                            ".

     11.             Section 30 amended
10         (1)       Section 30(2)(b) is amended by deleting "or under section 46 of
                     the Fire Brigades Act 1942".
           (2)       After section 30(2)(b) "and" is deleted and the following is
                     inserted --
                            "
15                              (ba)   the amounts payable to local governments
                                       under section 36A(5); and
                                                                                            ".
           (3)       Section 30(2)(c) is deleted and the following paragraph is
                     inserted instead --
20                          "
                                 (c)   subject to subsection (3), all other expenditure
                                       lawfully incurred by the Authority in the
                                       performance of its functions under the
                                       emergency services Acts.
25                                                                                          ".
           (4)       After section 30(2) the following subsection is inserted --
                 "
                     (3)    The funds that are credited to the Account as a result of
                            payments made to the Authority under Part 6A are not
30                          to be expended for services prescribed for the purposes
                            of section 35B(2)(a).
                                                                                            ".

                                                                                     page 7
     Fire and Emergency Services Legislation (Emergency Services Levy)
     Amendment Bill 2002
     Part 2         Fire and Emergency Services Authority of Western Australia
                    Act 1998

     s. 12

     12.       Section 33 amended
               Section 33(1) is amended as follows:
                (a) by deleting "and without limiting section 46 of the Fire
                      Brigades Act 1942,";
5               (b) by deleting "functions." and inserting instead --
                      " functions under the emergency services Acts. ".

     13.       Sections 35A and 35B inserted
               After section 35 the following sections are inserted --
     "
10           35A.    Reserve funds
               (1)   The Authority may establish reserve funds to which
                     may be credited --
                      (a) amounts that are provided for in the annual
                            estimates approved under section 35B; and
15                    (b) any other amounts approved by the Minister.
               (2)   The Authority may from time to time apply any of the
                     moneys in the reserve funds --
                      (a) to purchase, construct, renew, maintain or
                           replace --
20                            (i) land, buildings, vehicles, vessels, plant
                                    or equipment; or
                             (ii) any other property approved by the
                                    Minister;
                      (b) to repay moneys borrowed by the Authority
25                         under this Part; or
                      (c) to any other purpose approved by the Minister.




     page 8
           Fire and Emergency Services Legislation (Emergency Services Levy)
                                                           Amendment Bill 2002
       Fire and Emergency Services Authority of Western Australia       Part 2
                                                        Act 1998

                                                                              s. 14

           35B.      Annual estimates of expenditure by Authority
             (1)     The Authority is to cause an annual estimate of its
                     expenditure in relation to the services to be provided
                     under the emergency services Acts to be --
5                      (a) prepared in the manner and form approved by
                             the Minister; and
                       (b) submitted for the approval of the Minister by
                             the time determined by the Minister.
             (2)     Without limiting subsection (1), an annual estimate of
10                   expenditure under this section is to identify the amount
                     of that expenditure that is estimated --
                       (a) to be attributable to prescribed services to be
                             provided under the emergency services Acts; or
                       (b) to comprise the amounts payable to local
15                           governments under section 36A(5).
             (3)     The Minister may give the approval referred to in
                     subsection (1)(b) or may reject the estimate and require
                     the Authority to prepare and submit an amended
                     estimate for the approval of the Minister by the time
20                   determined by the Minister.
             (4)     The Authority is to comply with a requirement under
                     subsection (3).
                                                                                ".

     14.     Section 36 amended
25           Section 36 is amended by deleting "section 47 of the Fire
             Brigades Act 1942," and inserting instead --
             "     section 35B,   ".




                                                                         page 9
     Fire and Emergency Services Legislation (Emergency Services Levy)
     Amendment Bill 2002
     Part 2         Fire and Emergency Services Authority of Western Australia
                    Act 1998

     s. 15

     15.       Part 6A inserted
               After section 36 the following Part is inserted --
     "
                      Part 6A -- Emergency services levy
5                   Division 1 -- Annual estimates of expenditure
             36A.     Annual estimates of expenditure by local
                      governments and payments by Authority
               (1)    Subject to subsection (2), a local government is to
                      cause an annual estimate of its expenditure in relation
10                    to fire and emergency services to be --
                        (a) prepared in the manner and form approved by
                               the Minister; and
                        (b) submitted for the approval of the Authority by
                               the time determined by the Minister.
15             (2)    Subsection (1) does not apply to a local government in
                      relation to a particular year if the Minister gives to the
                      local government written notice that an estimate of its
                      expenditure is not required for that year.
               (3)    The Authority may give the approval referred to in
20                    subsection (1)(b) or may reject the estimate and require
                      the local government to prepare and submit an
                      amended estimate for the approval of the Authority by
                      the time determined by the Minister.
               (4)    A local government is to comply with a requirement
25                    under subsection (3).
               (5)    The Authority is to pay to a local government, by the
                      time, and in accordance with the procedures,
                      determined by the Minister, an amount equal to the
                      expenditure of the local government approved by the
30                    Authority under this section.


     page 10
         Fire and Emergency Services Legislation (Emergency Services Levy)
                                                         Amendment Bill 2002
     Fire and Emergency Services Authority of Western Australia       Part 2
                                                      Act 1998

                                                                           s. 15

               Division 2 -- Emergency services levy and ESL
                              category areas
        36B.      Annual levy payable to Authority on land in an ESL
                  category area
5                 Except as otherwise provided in this Part, the levy is
                  payable each year to the Authority on all land that is
                  located in an ESL category area.

        36C.      Record of leviable land
                  The Authority is to ensure that, for each levy year, a
10                record is compiled, at the time and in the manner
                  approved by the Minister, of all leviable land.

        36D.      Exemptions may be prescribed
                  The regulations may --
                    (a)   provide for kinds of land that are exempt or
15                        partially exempt from the levy; and
                   (b)    specify conditions to which an exemption, or
                          partial exemption, from the levy is subject.

        36E.      Exemptions in other enactments not to apply
           (1)    An enactment passed before the commencement of this
20                section that purports to exempt a person from liability
                  to pay any rate, tax or imposition that could be taken to
                  include the levy does not exempt the person from
                  liability to pay the levy.
           (2)    An enactment passed after the commencement of this
25                section that purports to exempt a person from liability
                  to pay --
                    (a) all rates, taxes or impositions under the laws of
                          Western Australia; or



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     Fire and Emergency Services Legislation (Emergency Services Levy)
     Amendment Bill 2002
     Part 2         Fire and Emergency Services Authority of Western Australia
                    Act 1998

     s. 15

                      (b)   certain rates, taxes or impositions that could be
                            taken to include the levy,
                     does not exempt the person from liability to pay the
                     levy.
5              (3)   Subsection (2) does not apply to an enactment that
                     expressly exempts a person from liability to pay the
                     levy.

             36F.    Declaration of ESL category areas
               (1)   For the purposes of subsection (2), the regulations may
10                   prescribe different emergency services categories for
                     different kinds of services that are provided under the
                     emergency services Acts.
               (2)   Having regard to the services that are provided under
                     the emergency services Acts in an area of Western
15                   Australia, the Minister may, by notice published in the
                     Gazette --
                       (a) declare that the area is in a prescribed
                             emergency services category;
                       (b) declare that the area to which a declaration
20                           under paragraph (a) applies is in a different
                             prescribed emergency services category; or
                       (c) revoke a declaration under this subsection.
               (3)   A notice under subsection (2) cannot have effect in
                     respect of the levy year in which the notice is
25                   published.
               (4)   Before a notice is published under subsection (2) in
                     relation to an area of Western Australia, the Minister is
                     to consult with each local government whose local
                     government district is, or is proposed to be, located in
30                   that area.



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         Fire and Emergency Services Legislation (Emergency Services Levy)
                                                         Amendment Bill 2002
     Fire and Emergency Services Authority of Western Australia       Part 2
                                                      Act 1998

                                                                          s. 15

           Division 3 -- Determination and assessment of levy

        36G.     Minister to determine levy
           (1)   Before the relevant day each year, the Minister, by
                 notice published in the Gazette, is to determine the
5                emergency services levy that is payable for the next
                 levy year on all land that is located in an ESL category
                 area.
           (2)   In subsection (1) --
                 "the relevant day" means --
10                   (a) a day declared by the Minister by notice
                           published in the Gazette after consultation
                           with persons who the Minister believes
                           effectively represent the interests of local
                           governments; or
15                   (b) if no day is declared under paragraph (a),
                           31 May.
           (3)   The Minister is to determine the levy that is payable for
                 a levy year on land by reference to --
                   (a) the estimate of expenditure for the levy year
20                       approved by the Minister under section 35B,
                         from which is to be deducted for the purposes
                         of the determination --
                            (i) the amount of that expenditure
                                 identified under section 35B(2)(a); and
25                         (ii) moneys appropriated by Parliament for
                                 the levy year for the purposes of the
                                 services provided under the emergency
                                 services Acts;
                         and
30                 (b) any other matter the Minister considers relevant
                         to a proper determination of the levy.


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     Fire and Emergency Services Legislation (Emergency Services Levy)
     Amendment Bill 2002
     Part 2         Fire and Emergency Services Authority of Western Australia
                    Act 1998

     s. 15

               (4)   Different rates of levy may be determined under
                     subsection (3) according to either or both of the
                     following --
                       (a) the ESL category area in which the land is
5                           located;
                       (b) the purpose for which the land is used.
               (5)   In determining the purpose for which any land is used
                     for subsection (4)(b) or section 36I(2)(b), the Minister
                     is to have regard to the advice of the Valuer-General
10                   and to any matters prescribed by the regulations.

             36H.    Determination of levy by reference to gross rental
                     value etc.
               (1)   Except as otherwise provided in this section and
                     section 36I, the levy payable for a levy year on land is
15                   to be determined as a rate in the dollar of the gross
                     rental value of the land in force under the Valuation of
                     Land Act 1978 as at 1 July in the levy year.
               (2)   If during a levy year the gross rental value of land in
                     force under the Valuation of Land Act 1978 as at 1 July
20                   in that year is amended as at that date as a result of --
                       (a) an interim valuation made under that Act;
                       (b) a valuation coming into force under that Act as
                              a result of the amendment of a valuation under
                              that Act; or
25                     (c) a new valuation made under that Act in the
                              course of completing a general valuation that
                              has previously come into force,
                     the gross rental value, as so amended and in force as at
                     1 July, is the gross rental value of the land for the
30                   purposes of subsection (1).




     page 14
         Fire and Emergency Services Legislation (Emergency Services Levy)
                                                         Amendment Bill 2002
     Fire and Emergency Services Authority of Western Australia       Part 2
                                                      Act 1998

                                                                            s. 15

           (3)   If, after the required consultation, the Minister
                 considers that it is impracticable or otherwise
                 inappropriate for the levy to be determined as a rate in
                 the dollar of the gross rental value of any land, the
5                Minister may determine the levy --
                    (a) as a rate in the dollar of the gross rental value
                          of a portion of the land; or
                   (b) on any other basis that, after the required
                          consultation, the Minister considers
10                        appropriate.
           (4)   In subsection (3) --
                 "the required consultation", in relation to land,
                      means consultation with the Valuer-General and
                      with the local government for the district in which
15                    the land is located.

        36I.     Minimum and maximum amounts of levy
           (1)   Despite any other provision of this Part, the Minister
                 may determine --
                  (a) the minimum amount of levy payable on land;
20                      and
                  (b) the maximum amount of levy payable on land.
           (2)   Different amounts may be determined under
                 subsection (1) according to either or both of the
                 following --
25                 (a) the ESL category area in which the land is
                        located;
                   (b) the purpose for which the land is used.




                                                                     page 15
     Fire and Emergency Services Legislation (Emergency Services Levy)
     Amendment Bill 2002
     Part 2         Fire and Emergency Services Authority of Western Australia
                    Act 1998

     s. 15

             36J.    Assessment of levy and assessment notices
               (1)   Subject to sections 36L and 36N, a local government is
                     to --
                       (a) assess the amount of levy payable for a levy
5                           year by each person who owns leviable land in
                            its local government district; and
                       (b) serve written notice of the assessment on the
                            person.
               (2)   The assessment notice is to --
10                    (a)   state the date the notice was issued and, if
                            section 36G(4)(b) or 36I(2)(b) applies to the
                            determination of the levy payable on the land,
                            the purpose for which the land is used as
                            determined under section 36G(5); and
15                    (b)   include or be accompanied by any matters
                            prescribed by the regulations.
               (3)   If leviable land is owned by 2 or more persons, service
                     of the assessment notice on one of those persons is
                     taken to be service of the notice on each of them.
20             (4)   The assessment notice is to be given by a local
                     government --
                       (a) as part of the rate notice given under
                            section 6.41 of the Local Government Act 1995;
                            or
25                    (b) if no rate notice is to be given -- as a separate
                            notice.
               (5)   Without limiting sections 75 and 76 of the
                     Interpretation Act 1984, an assessment notice is taken
                     to have been served on the owner of land if it is posted
30                   to the address shown for the owner, at the time of
                     posting, in the rate record kept by the local government
                     under section 6.39 of the Local Government Act 1995.

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         Fire and Emergency Services Legislation (Emergency Services Levy)
                                                         Amendment Bill 2002
     Fire and Emergency Services Authority of Western Australia       Part 2
                                                      Act 1998

                                                                       s. 15

        36K.     Authority to ensure local governments have
                 information
                 The Authority is to ensure that a local government is
                 given any information relating to the levy and leviable
5                land that the local government reasonably needs to
                 perform its functions under section 36J.

        36L.     Assessment of levy payable by the State, local
                 governments and other persons
           (1)   The Authority --
10                (a) except as provided in the regulations, is to
                       assess the amount of levy payable for a levy
                       year on land owned by the State, a State agency
                       or instrumentality or a local government; and
                  (b) may assess the amount of levy payable for a
15                     levy year on land owned by any other person.
           (2)   The Authority is to serve written notice of the
                 assessment on --
                   (a) in the case of levy payable by the State -- the
                        Treasurer;
20                 (b) in the case of levy payable by a State agency or
                        instrumentality -- the Treasurer or the agency
                        or instrumentality, as the Authority considers
                        appropriate; or
                   (c) in the case of levy payable by a local
25                      government or another person -- the local
                        government or other person.
           (3)   Subsections (2), (3) and (5) of section 36J apply to an
                 assessment notice under this section in the same way as
                 they apply to an assessment notice under that section.




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     Fire and Emergency Services Legislation (Emergency Services Levy)
     Amendment Bill 2002
     Part 2         Fire and Emergency Services Authority of Western Australia
                    Act 1998

     s. 15

             36M.    When levy becomes due and payable
               (1)   The levy becomes due and payable on the date
                     determined by the Minister and stated in the
                     assessment notice subject to --
5                      (a) subsection (2);
                       (b) any concession granted under
                            section 36R(1)(b);
                       (c) any agreement made under section 36R(2); and
                       (d) the Rates and Charges (Rebates and
10                          Deferments) Act 1992.
               (2)   The date determined under subsection (1) must not be
                     earlier than 35 days after the date stated in the
                     assessment notice as the date the assessment notice was
                     issued.

15           36N.    Notice and payment of levy payable on State land
                     Despite any other provision of this Part, the Authority
                     may give notice of the assessment of, and may accept
                     payment of, the levy payable on any land owned by the
                     State, or a State agency or instrumentality, in
20                   accordance with arrangements agreed between the
                     Treasurer and the Authority.

                Division 4 -- Payment of emergency services levy
             36O.    Levy is a charge on land
                     Subject to the Rates and Charges (Rebates and
25                   Deferments) Act 1992, the levy, together with any costs
                     of proceedings for the recovery of the levy and any
                     levy interest, is a charge on the leviable land.




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         Fire and Emergency Services Legislation (Emergency Services Levy)
                                                         Amendment Bill 2002
     Fire and Emergency Services Authority of Western Australia       Part 2
                                                      Act 1998

                                                                           s. 15

        36P.     Liability for levy
           (1)   A person who is the owner of leviable land is liable to
                 pay the levy for a levy year.
           (2)   The levy is payable --
5                 (a) if an assessment notice is served on the person
                        by a local government under section 36J(1) --
                        to the local government; or
                  (b) if an assessment notice is served on the person
                        by the Authority under section 36L(2) -- to the
10                      Authority.
           (3)   If leviable land is owned by 2 or more persons, they are
                 jointly and severally liable to pay the levy.

        36Q.     Minister may approve payment of levy by
                 instalments
15         (1)   Subject to subsection (2), the levy is payable by a
                 single payment.
           (2)   The Minister may approve --
                  (a) arrangements for the levy to be paid by
                       instalments; and
20                (b) the charges applicable to payment of the levy
                       by instalments.

        36R.     Discounts, concessions and agreements
           (1)   Without limiting the Rates and Charges (Rebates and
                 Deferments) Act 1992, the Minister may --
25                (a) when determining the levy, grant a discount or
                       other incentive for the early payment of the
                       levy; or
                  (b) when determining the levy or at a later date,
                       waive the levy or grant other concessions in
30                     relation to the levy.

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               (2)   A local government may accept payment of the levy
                     that is due and payable by a person in accordance with
                     an agreement made between the local government and
                     the person.

5            36S.    Accrual of interest on overdue levy
               (1)   Subject to subsection (5), interest accrues on the levy,
                     or an instalment of the levy, that is not paid to a local
                     government or the Authority, as the case requires, from
                     the time it becomes due and payable.
10             (2)   For the purposes of this section, the Minister may, by
                     notice published in the Gazette --
                       (a) declare a rate of interest that applies to any
                             unpaid levy, or to any unpaid levy on land in
                             one or more local government districts, as
15                           specified in the notice; or
                       (b) change or revoke a rate of interest declared
                             under paragraph (a).
               (3)   Different rates of interest may be declared under
                     subsection (2) in relation to different local government
20                   districts.
               (4)   For the purpose of its recovery, levy interest is taken to
                     be an amount of levy that is due and payable.
               (5)   No interest is to accrue on the levy, or an instalment of
                     the levy, payable by --
25                     (a) a person entitled under the Rates and Charges
                             (Rebates and Deferments) Act 1992 to a rebate
                             or deferment in respect of the levy; or
                       (b) a person of a kind prescribed by the regulations.




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        36T.     Levy may be apportioned
           (1)   The levy payable for a levy year on land --
                  (a) is apportionable between successive owners of
                        the land in respect of time as if the levy accrued
5                       from day to day during the levy year; and
                  (b) is apportionable between owners of several
                        portions of the land according to the respective
                        values of the portions.
           (2)   If any part of the levy payable on any land has been
10               paid by a person other than the owner of the land,
                 whether during or after the levy year, the owner is
                 liable, if there is no agreement between them to the
                 contrary, to reimburse that person the amount paid.
           (3)   This section does not affect the liability of a person to
15               pay the levy to a local government or to the Authority.
           (4)   An unsatisfied judgment or order of a court for the
                 recovery of the levy from a person is not a bar to the
                 recovery of the levy from another person liable under
                 this Part to pay it.

20                   Division 5 -- Local governments
        36U.     Local government may credit levy to municipal
                 fund or trust fund
           (1)   A local government may credit to its municipal fund or
                 trust fund amounts of levy and levy interest paid to the
25               local government.
           (2)   Despite section 6.9(3) of the Local Government Act
                 1995, a local government may retain interest earned
                 from investing amounts of levy and levy interest
                 credited to its trust fund.



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               (3)   Subsection (2) has effect despite section 6.9(3)(a) of
                     the Local Government Act 1995.

             36V.    Local government to pay levy and other amounts to
                     Authority
5                    A local government is to pay to the Authority at the
                     times, and in accordance with the procedures,
                     determined by the Minister after consultation with the
                     local government --
                       (a) the amounts of levy and levy interest paid to the
10                           local government; and
                       (b) the amount of levy payable by the local
                             government on any leviable land it owns.

             36W.    Local governments to be paid certain fees
               (1)   The Minister is to determine --
15                    (a) the fees to be paid by the Authority to a local
                           government for the local government's
                           performance of functions under this Part in
                           relation to the assessment, collection and
                           recovery of the levy and levy interest; and
20                    (b) times and procedures for the payment of those
                           fees.
               (2)   In making a determination under subsection (1), the
                     Minister may --
                       (a) have regard to the costs reasonably incurred by
25                          the local government in making any
                            administrative or other preparations necessary
                            to perform the functions referred to in
                            subsection (1)(a); and
                       (b) consult with persons who the Minister believes
30                          effectively represent the interests of local
                            governments.


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        36X.     Interest payable on amounts not paid by due date to
                 Authority
           (1)   Interest accrues on an amount of levy or levy interest
                 that is received by a local government and not paid to
5                the Authority from the time it becomes due and
                 payable as determined under section 36V.
           (2)   For the purposes of this section, the Minister may, by
                 notice published in the Gazette --
                   (a) declare a rate of interest that applies to any
10                       unpaid amount of levy or levy interest; or
                   (b) change or revoke a rate of interest declared
                         under paragraph (a).
           (3)   An unpaid amount of levy or levy interest, and interest
                 payable on that amount, may be recovered from a local
15               government in a court of competent jurisdiction as a
                 debt due to the Authority.

        36Y.     Ministerial guidelines
           (1)   The Minister may, for the assistance of the Authority
                 and local governments, issue guidelines, not
20               inconsistent with this Part, setting out the times and
                 procedures that are determined by the Minister for the
                 purposes of this Part.
           (2)   The Minister may amend the guidelines or revoke them
                 and issue new guidelines.
25         (3)   Before the Minister issues or amends guidelines that
                 apply to functions performed by local governments, the
                 Minister is to consult with persons who the Minister
                 believes effectively represent the interests of local
                 governments.
30         (4)   The Minister is to ensure that guidelines issued or
                 amended under this section are given to the Authority


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                     and to each local government that performs functions
                     to which the guidelines apply.

                      Division 6 -- Recovery of unpaid levy
             36Z.    Recovery of unpaid levy
5              (1)   Subject to the Rates and Charges (Rebates and
                     Deferments) Act 1992, the levy that is payable for a
                     levy year on land is recoverable by the local
                     government for the district in which the land is located
                     or by the Authority from --
10                     (a) the owner of the land on the date the
                             assessment notice was served; or
                       (b) a person who becomes the owner of the land
                             while the levy is unpaid.
               (2)   If the levy remains unpaid after it becomes due and
15                   payable, the local government or the Authority may
                     recover it and any levy interest, as well as any costs of
                     proceedings for that recovery, in a court of competent
                     jurisdiction.
               (3)   This section applies --
20                    (a) to a local government, if the assessment notice
                             was served by the local government; and
                      (b) to the Authority, whether the assessment notice
                             was served by the Authority or by a local
                             government.

25           36ZA.   Question of title to land not to affect jurisdiction
                     A jurisdiction otherwise competent to entertain
                     proceedings to recover the levy, or consequent on the
                     recovery of the levy, or to hear an appeal relating to the
                     payment of the levy is not affected on the ground that a
30                   question of title to land is raised in the proceedings or


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                                                                          s. 15

                 appeal, but an order or judgment in the proceedings or
                 appeal is not evidence of title.

                 Division 7 -- Sale of land if levy is unpaid
        36ZB.    Definition
5                In this Division --
                 "levy" includes levy interest.

        36ZC.    Application for order for sale of land
           (1)   If an amount of levy that is due and payable on any
                 land has been unpaid for 3 years or more, the Authority
10               may apply to the Supreme Court for an order for the
                 sale of the land, or part of the land, so that the proceeds
                 of sale may be applied towards satisfaction of the
                 outstanding amount of levy.
           (2)   At least 6 months before the Authority makes an
15               application to the Supreme Court under this section, the
                 Authority is to --
                   (a) have notice of the intended application
                         published in 2 newspapers --
                            (i) one circulating generally throughout the
20                               State; and
                           (ii) one circulating generally throughout
                                 Australia;
                   (b) if the whereabouts of the owner of the land is
                         known to the Authority -- give written notice
25                       of the intended application to that person; and
                   (c) give written notice of the intended application
                         to the holder of any registered encumbrance
                         over the land whose whereabouts is known to
                         the Authority.



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               (3)   On an application under this section, the Supreme
                     Court may order the sale of the land and make
                     incidental orders --
                       (a) about how the sale is to be conducted;
5                      (b) authorising an officer of the Court to execute
                             documents, and to do anything else necessary,
                             for the sale and transfer or conveyance of the
                             land;
                       (c) authorising the Registrar of Titles to do
10                           anything necessary to register the purchaser's
                             title despite a duplicate certificate of title or
                             other document not being produced;
                       (d) directing, subject to subsection (4), how the
                             proceeds of sale are to be dealt with; and
15                     (e) dealing with the costs of the proceedings and
                             other matters.
               (4)   A sale by order of the Supreme Court discharges the
                     land from any mortgage or other encumbrance securing
                     a monetary obligation, but the land remains subject to
20                   any lease, easement or other encumbrance.
               (5)   The proceeds of sale are to be applied --
                      (a) firstly, in payment of the costs of the sale;
                      (b) secondly, in payment of the costs of the
                            proceedings so far as those costs are, by order
25                          of the Court, to be paid out of the proceeds of
                            sale;
                      (c) thirdly, in payment of the outstanding amount
                            of levy; and




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                   (d)   fourthly, in discharging any outstanding
                         monetary liability secured, immediately before
                         the sale, by a mortgage or encumbrance
                         referred to in subsection (4),
5                and any remaining balance is to be applied as directed
                 by the Court.

        36ZD.    Authority has interest in land on which levy is due
                 and payable
                 If the levy that is due and payable on any land is
10               unpaid, the Authority has an interest in the land in
                 respect of which it may lodge a caveat to preclude
                 dealings in relation to the land, and the Authority may
                 withdraw a caveat so lodged.

                   Division 8 -- Objections and appeals
15      36ZE.    Objection to determination of use of land
           (1)   If section 36G(4)(b) or 36I(2)(b) applies to the
                 determination of the levy payable on any land, the
                 owner of the land may object to the determination
                 under section 36G(5) of the purpose for which the land
20               is used.
           (2)   An objection is to be made to the Minister and is to --
                  (a) be in writing;
                  (b) identify the leviable land;
                  (c) set out fully and in detail the grounds of the
25                      objection, including particulars of the purpose
                        for which, in the opinion of the person making
                        the objection, the land is used; and
                  (d) be served on the Minister within 60 days after
                        the date the assessment notice was served.



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               (3)   The Minister may, on an application by a person
                     proposing to make an objection, and whether or not the
                     time for doing so has expired, extend the time for
                     making the objection for any period the Minister thinks
5                    fit.
               (4)   The Minister is to consider an objection and may
                     determine either to disallow it or allow it.
               (5)   After making a determination on the objection, the
                     Minister is to give the person who made the objection
10                   written notice of the Minister's determination and a
                     statement of the reasons for that determination.

             36ZF.   Appeal against determination of Minister on
                     objection
                     A person who is dissatisfied with the determination of
15                   the Minister on an objection by the person under
                     section 36ZE may, within 60 days (or any further
                     period that the Minister, for reasonable cause shown by
                     the person, allows) after the date the notice of the
                     determination was served, serve on the Minister a
20                   written notice requiring the Minister to treat the
                     objection as an appeal against the determination under
                     section 36G(5) of the purpose for which the land is
                     used.

             36ZG. Referral of appeal to Tribunal
25             (1)   On receiving a notice under section 36ZF, the Minister
                     is to refer the objection to a Land Valuation Tribunal as
                     an appeal.
               (2)   In subsection (1) --
                     "Land Valuation Tribunal" means a Land Valuation
30                        Tribunal under the Land Valuation Tribunals
                          Act 1978.


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        36ZH. Liability to pay levy not affected by objection or
              appeal
           (1)   Pending determination of the objection or appeal, the
                 liability to pay the levy on any land is not affected
5                by --
                    (a) an objection to, or an appeal against, the
                          valuation of the land under the Valuation of
                          Land Act 1978; or
                   (b) an objection or appeal under this Division.
10         (2)   If an objection or appeal referred to in subsection (1)
                 results in an amendment of the valuation of the land or
                 a determination of the purpose for which the land is
                 used that is different from the determination of that
                 purpose that was the subject of the objection or appeal,
15               the Minister --
                   (a) is to make any necessary adjustment of the levy
                          payable on the land; and
                   (b) is to give written notice of the adjusted levy to
                          the person by whom it is payable.
20         (3)   If the levy is adjusted --
                   (a)   an amount by which, because of its adjustment,
                         the levy was overpaid is to be refunded;
                   (b)   an amount by which, because of its adjustment,
                         the levy was underpaid is recoverable under
25                       section 36Z, but no action to recover that
                         amount is to be taken until at least 30 days after
                         the notice referred to in subsection (2) is given
                         to the person by whom the amount is payable;
                         and
30                 (c)   interest accrues on an amount to be refunded
                         under paragraph (a), or recoverable in
                         accordance with paragraph (b), as prescribed by
                         the regulations.

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                           Division 9 -- ESL agreements
             36ZI.   Definitions
                     In this Division --
                     "ESL agreement" means an agreement entered into
5                        under section 36ZJ;
                     "leviable land" does not include leviable land in
                         relation to which the Authority serves or gives a
                         notice under section 36L(2) or 36N.

             36ZJ.   Authority may enter into agreements with local
10                   governments
               (1)   The Authority may, with the approval of the Minister,
                     enter into a written agreement with a local government
                     that provides for the local government to pay to the
                     Authority an amount equal to the total amount of levy
15                   payable for a levy year on all leviable land in the local
                     government's district.
               (2)   An ESL agreement may provide for the amount that is
                     to be paid to the Authority under the agreement to be
                     paid by instalments.
20             (3)   If an amount (including an instalment) remains unpaid
                     after it becomes due and payable under an ESL
                     agreement, the Authority may recover the amount, and
                     interest on the amount at the rate prescribed by the
                     regulations, as well as any costs of proceedings for that
25                   recovery, in a court of competent jurisdiction.

             36ZK. Modification of operation of Part 6A
                     If a local government enters into an ESL agreement
                     this Part is to be read, for the purposes of the levy
                     payable on leviable land in the local government's
30                   district for the levy year to which the agreement
                     applies, as if the provisions mentioned in column 1 of

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                                                                        s. 15

                 Schedule 1A were amended or repealed as set out in
                 column 2 of that Schedule.


                         Division 10 -- Fees and charges

5       36ZL.    Emergency service fees and charges in certain cases
           (1)   Subject to subsection (2), the fees and charges
                 prescribed by the regulations are payable to the
                 Authority for the provision of services under the
                 emergency services Acts that consist of --
10                 (a) services provided in respect of land that, under
                         regulations referred to in section 36D, is
                         exempt or partially exempt from the levy;
                   (b)     services provided in respect of a vessel in a
                           port;
15                 (c)     services provided in respect of confining or
                           ending a hazardous material incident and
                           rendering the site of the incident safe; or
                   (d)     an attendance in response to a false alarm by --
                              (i) a permanent fire brigade, or a volunteer
20                                 fire brigade, within the meaning of the
                                   Fire Brigades Act 1942; or
                             (ii) a bush fire brigade within the meaning
                                   of the Bush Fires Act 1954.
           (2)   A fee or charge for a service referred to in
25               subsection (1) provided in respect of land is payable --
                   (a) by the owner or occupier of the land; but
                   (b) only if the Authority serves the owner or
                        occupier with written notice of the fee or
                        charge within 21 days after the service is
30                      provided.



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               (3)     In subsection (2) --
                       "occupier", in relation to land, means the person in or
                           entitled to possession of the land.
               (4)     A fee or charge for a service referred to in
5                      subsection (1) provided otherwise than in respect of
                       land is payable as prescribed by the regulations.
               (5)     A notice under subsection (2) is to --
                        (a) state the date on which the service was
                              provided;
10                      (b) give details of the service provided; and
                        (c) specify when payment of the fee or charge for
                              the service is due and payable.
               (6)     A fee or charge payable under this section, notice of
                       which has been given under subsection (2) if that
15                     subsection applies, may be recovered in a court of
                       competent jurisdiction as a debt due to the Authority.
                                                                                 ".

     16.       Section 38A amended
               Section 38A(1) is amended by deleting "Part 3A or 3B." and
20             inserting instead --
               "     Part 3A, 3B or 3C.   ".




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                                                                                        s. 17

    17.         Schedule 1A inserted
                After Schedule 1 the following Schedule is inserted --
    "
                 Schedule 1A -- Modification of operation of Part 6A
5                                                                                   [s. 36ZK]
     column 1: provision                  column 2: amendment or repeal
    s. 36P                  Subsection (2) is repealed and the following subsection is
                            inserted instead --
                            "
                                    (2)   The levy is payable to the local
                                          government for the district in which the
                                          leviable land is located.
                                                                                          ".
    s. 36S(1)               "or the Authority, as the case requires," is deleted.
    s. 36T(3)               "or to the Authority" is deleted.
    s. 36U                  The section is repealed.
    s. 36V                  The section is repealed.
    s. 36X                  The section is repealed.
    s. 36Z(1)               "or by the Authority" is deleted.
    s. 36Z(2)               "or the Authority" is deleted.
    s. 36Z                  Subsection (3) is repealed and the following subsection is
                            inserted instead --
                            "
                                    (3)   In subsection (1) --
                                             "land" has the same meaning as
                                                   "leviable land" has in
                                                   Division 9.
                                                                                          ".
    s. 36ZB                 The following definitions are inserted in the appropriate
                            alphabetical positions --
                                "
                                     "land" has the same meaning as "leviable
                                            land" has in Division 9;


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s. 17


 column 1: provision                column 2: amendment or repeal
                            "the local government", in relation to
                                   land, means the local government
                                   for the district in which the land is
                                   located.
                                                                                 ".
s. 36ZC(1) and (2)     "Authority" is deleted in each place where it occurs and the
                       following is inserted instead --
                       "   local government        ".
s. 36ZD                "Authority" is deleted in both places where it occurs and the
                       following is inserted instead --
                       "   local government        ".
s. 36ZH(2)(b)          After "payable" the following is inserted --
                       "   and to the local government          ".
                                                                                      ".




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                                                                                  s. 18


                           Part 3 -- Fire Brigades Act 1942
     18.             The Act amended
                     The amendments in this Part are to the Fire Brigades Act 1942*.
                     [* Reprinted as at 18 February 2000.
5                       For subsequent amendments see 2001 Index to Legislation of
                        Western Australia, Table 1, p. 137-8 and Gazette
                        28 March 2002 p. 1761-2 and 6 September 2002 p. 4487-8.]

     19.             Section 4 amended
                     Section 4(1) is amended as follows:
10                    (a) by deleting the definitions of "insurance company" and
                            "policy of insurance";
                      (b) by deleting the semicolon at the end of the definition of
                            "volunteer fire brigade" and inserting a full stop instead;
                      (c) by deleting the definition of "year".

15   20.             Section 26A amended
           (1)       Section 26A(2)(e) is deleted.
           (2)       Section 26A(2)(j) is amended by deleting subparagraphs (ii) and
                     (iii) and "and" after subparagraph (ii) and inserting instead --
                                    "
20                                          and
                                     (ii) the carrying out of rescue operations;
                                                                                     ".
     21.             Section 35 amended
                     Section 35 is amended as follows:
25                    (a) by deleting "The Governor may make regulations for all
                            or any of the following purposes: -- " and inserting
                            instead --
                 "
                     (1)   The Governor may make regulations prescribing all
30                         matters that are required or permitted by this Act to be

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     s. 22


                          prescribed, or are necessary or convenient to be
                          prescribed for giving effect to the purposes of this Act.
               (2)        Without limiting subsection (1), regulations may be
                          made for all or any of the following purposes --
5                                                                                     ";
                    (b)    in paragraph (pa) by deleting "section 26A(c)," and
                           inserting instead --
                           " section 26A(2)(j), ";
                    (c)    by deleting paragraph (q);
10                  (d)    in paragraph (v) after "fees" by inserting --
                           " and charges ";
                    (e)    after paragraph (x) by inserting --
                           " and ";
                    (f)    at the end of paragraph (y) by deleting "; and" and
15                         inserting a full stop instead;
                    (g)    by deleting paragraph (z).

     22.       Section 35A replaced
               Section 35A is repealed and the following section is inserted
               instead --
20   "
             35A.         Minister may declare permanent brigade districts
                          The Minister may, by notice published in the
                          Gazette --
                           (a) declare any district to be a district served by a
25                               permanent fire brigade; and
                           (b) vary or revoke a notice published under
                                 paragraph (a).
                                                                                      ".

     23.       Part IX repealed
30             Part IX is repealed.

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     24.      Section 62 repealed
              Section 62 is repealed.

     25.      Section 65 repealed
              Section 65 is repealed.

5    26.      Section 68 repealed
              Section 68 is repealed.

     27.      Section 69 repealed
              Section 69 is repealed.

     28.      Section 70 repealed
10            Section 70 is repealed.

     29.      Fourth Schedule repealed
              The Fourth Schedule is repealed.




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     s. 30


      Part 4 -- Rates and Charges (Rebates and Deferments)
                           Act 1992
     30.         The Act amended
                 The amendments in this Part are to the Rates and Charges
5                (Rebates and Deferments) Act 1992*.
                 [* Reprinted as at 19 May 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 316.]

     31.         Section 3 amended
10         (1)   Section 3(1) is amended in the definition of "administrative
                 authority" after "means" by inserting --
                 "   , subject to subsection (1a),   ".
           (2)   Section 3(1) is amended after the definition of "eligible senior"
                 by inserting the following definition --
15               "
                       "emergency services levy" means the levy determined
                          under Part 6A of the Fire and Emergency Services
                          Authority of Western Australia Act 1998 and
                          imposed under the Emergency Services Levy
20                        Act 2002;
                                                                                 ".
           (3)   Section 3(1) is amended by deleting the definition of
                 "prescribed charge" and inserting the following definition
                 instead --
25               "
                       "prescribed charge" means --
                           (a) a charge, by way of rates, made under --
                                (i) the Local Government Act 1995; or
                               (ii) the Soil and Land Conservation
30                                   Act 1945;

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                                                                                      s. 32


                                   (b)   a charge for the provision of water supply,
                                         sewerage or drainage, not being a charge
                                         assessed by reference to the quantity of water
                                         or wastewater concerned, made under --
5                                       (i) the Water Boards Act 1904;
                                       (ii) the Water Agencies (Powers) Act 1984;
                                      (iii) the Health Act 1911; or
                                      (iv) the Local Government Act 1995;
                                   (c) a charge by way of the emergency services
10                                       levy; or
                                   (d) a charge prescribed by regulations made
                                         under this Act.
                                                                                          ".
           (4)        After section 3(1) the following subsection is inserted --
15               "
                     (1a)     The administrative authority for the emergency
                              services levy that is the subject of an assessment notice
                              under section 36J of the Fire and Emergency Services
                              Authority of Western Australia Act 1998 is the local
20                            government that serves the notice.
                                                                                          ".

     32.              Section 17 amended
           (1)        Section 17(1a) is amended after "to be paid" by inserting --
                      "     , subject to subsection (1b),   ".
25         (2)        After section 17(1a) the following subsections are inserted --
                 "
                     (1b)     If an amount --
                                (a) to be reimbursed to a local government under
                                      subsection (1); or
30                              (b) to be paid to a local government under
                                      subsection (1a),

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     s. 33


                            relates to the emergency services levy, the Minister is
                            to reimburse or pay the amount to the Fire and
                            Emergency Services Authority of Western Australia
                            established by section 4 of the Fire and Emergency
5                           Services Authority of Western Australia Act 1998.
                     (1c)   Subsection (1b) does not apply to an amount to be
                            reimbursed or paid to a local government in respect of
                            which there is in force an ESL agreement entered into
                            under section 36ZJ of the Fire and Emergency Services
10                          Authority of Western Australia Act 1998.
                                                                                        ".

     33.              Section 32 amended, and transitional
           (1)        After section 32(1) the following subsection is inserted --
                 "
15                   (1a)   An application under subsection (1) for registration of
                            an entitlement as regards land to a local government, in
                            relation to a prescribed charge by way of rates, is to be
                            taken to include an application for registration of an
                            entitlement as regards the land to the local government,
20                          in relation to the emergency services levy.
                                                                                        ".
           (2)        The operation of section 32(1a) of the Rates and Charges
                      (Rebates and Deferments) Act 1992, as inserted by
                      subsection (1), extends to an application for registration of an
25                    entitlement as regards land to a local government, in relation to
                      a prescribed charge by way of rates, made before the
                      commencement of this section if the application has not yet
                      been determined on that commencement.
           (3)        If the registration by a local government of an entitlement as
30                    regards land, in relation to a prescribed charge by way of rates,
                      has effect on the commencement of this section, that registration
                      is taken to include the registration by the local government of an
                      entitlement as regards the land, in relation to the emergency
                      services levy.

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                                                                              s. 34


           (4)   Words and expressions used in subsections (2) and (3) have the
                 same meanings as they have in the Rates and Charges (Rebates
                 and Deferments) Act 1992.

     34.         Section 40 amended
5                Section 40(9)(a) and (b) are amended after "by way of " by
                 inserting --
                 " the emergency services levy or    ".

     35.         Section 42 amended
                 Section 42(3)(a) and (4)(a) are amended after "by way of " by
10               inserting --
                 " the emergency services levy or    ".




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Fire and Emergency Services Legislation (Emergency Services Levy)
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Part 5         Miscellaneous

s. 36


                     Part 5 -- Miscellaneous
36.       Transitional provisions
          Schedule 1 has effect.




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                                            Transitional provisions      Schedule 1


                 Schedule 1 -- Transitional provisions
                                                                              [s. 36]

                             Division 1 -- Definitions
     1.      Definitions
5            In this Division --
             "Authority" means the Fire and Emergency Services Authority of
                   Western Australia established by section 4 of the Fire and
                   Emergency Services Authority of Western Australia Act 1998;
             "commencement day" means the day on which this Schedule comes
10               into operation;
             "FESA Account" means the Fire and Emergency Services Authority
                 Account established under section 30 of the Fire and Emergency
                 Services Authority of Western Australia Act 1998;
             "insurance company" has the same meaning as it has in the FB Act;
15           "levy" means the emergency services levy determined under Part 6A
                  of the FESA Act and imposed under the Emergency Services
                  Levy Act 2002;
             "Minister" has the same meaning as it has in the FESA Act;
             "the FB Act" means the Fire Brigades Act 1942, as in force
20                immediately before the commencement day;
             "the FESA Act" means the Fire and Emergency Services Authority
                  of Western Australia Act 1998, as amended by this Act;
             "the ICA" means the Insurance Council of Australia Limited;
             "the 2003 period" means the period that begins on the
25                commencement day and ends on 30 June 2003;
             "the 2004 year" means the year that ends on 30 June 2004.

     Division 2 -- Savings and transitional provisions relating to Part IX
                       of the Fire Brigades Act 1942
     2.      Application
30           This Division has effect despite the repeal by section 23 of Part IX of
             the Fire Brigades Act 1942.


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     Schedule 1              Transitional provisions


     3.             Section 36
                    Section 36 of the FB Act continues to have effect for the 2003 period.

     4.             Section 37
          (1)       Section 37 of the FB Act continues to have effect for the 2003 period.
5         (2)       Section 37 of the FB Act also continues to have effect for the
                    2004 year as if --
                      (a)    after "in respect of each district" in subsection (1) were
                             inserted --
                             "   served by a permanent fire brigade ";
10                    (b)    subsection (1)(a) and (b) of that section were deleted;
                      (c)    subsection (2) of that section were repealed and the following
                             subsections inserted instead --
                "
                    (2)     For the purposes of subsection (1), the insurance
15                          companies shall contribute the specified percentage of
                            the amount of the estimated expenditure for the year
                            ending 30 June 2004.
                (2aa)       In subsection (2) --
                            "the specified percentage" means the percentage
20                               specified by the Minister by notice published in
                                 the Gazette.
                                                                                            ";
                      (d)    subsections (4) and (5) of that section were repealed.
          (3)       Despite subsection (3) of section 37 of the FB Act, the contributions
25                  in relation to the year that ends on 30 June 2004 required from
                    insurance companies under that section, as continued by this clause,
                    are to be paid at the times, and in the instalments, specified by the
                    Minister by notice published in the Gazette.

     5.             Section 38
30                  Section 38 of the FB Act continues to have effect for the 2003 period.




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                                                Transitional provisions      Schedule 1


     6.          Section 39
                 Section 39 of the FB Act continues to have effect for the 2003 period
                 for the purposes of requiring insurance companies to give to the
                 Authority not later than 31 March 2003 a return and a declaration,
5                within the meaning of that section, in respect of the year that ends on
                 31 December 2002.

     7.          Section 40
                 Section 40 of the FB Act continues to have effect for the period that
                 begins on the commencement day and ends on 30 June 2004.

10   8.          Section 42
                 Section 42 of the FB Act continues to have effect for the 2003 period
                 for the purposes of the return and the declaration referred to in
                 clause 6.

     9.          Section 43
15         (1)   Section 43 of the FB Act continues to have effect for the 2003 period.
           (2)   Section 43 of the FB Act also continues to have effect for the
                 2004 year as if that section were amended --
                   (a)   by deleting each reference to "local government";
                   (b)   by making any other modification necessary for the purposes
20                       of paragraph (a).

     10.         Section 44
                 Section 44 of the FB Act continues to have effect for the 2003 period.

     11.         Section 45
           (1)   Subject to subclause (2), section 45 of the FB Act continues to have
25               effect for the purposes of the amount of the contributions, within the
                 meaning of that section, received by the Authority for the year that
                 ends on 30 June 2003.




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     Schedule 1          Transitional provisions


           (2)   If, for that year, there is a deficit or excess, within the meaning of that
                 section, in respect of the contributions of a local government or the
                 Treasurer --
                   (a)    an amount equal to the deficit is to be paid to the Authority
5                         by the local government or the Treasurer, as the case requires,
                          not later than 31 December 2003; or
                   (b)    an amount equal to the excess is to be paid by the Authority
                          to the local government or the Treasurer, as the case requires,
                          not later than 31 December 2003.
10         (3)   Subject to subclause (4), section 45 of the FB Act also continues to
                 have effect for the purposes of the amount of the contributions, within
                 the meaning of that section, received by the Authority for the
                 2004 year from insurance companies.
           (4)   If, for that year, there is a deficit or excess, within the meaning of that
15               section, in respect of the contributions of an insurance company --
                   (a)    an amount equal to the deficit is to be paid to the Authority
                          by the insurance company not later than 31 December 2004;
                          or
                   (b)    an amount equal to the excess is to be paid by the Authority
20                        to the insurance company not later than 31 December 2004.

     12.         Section 46
                 Moneys borrowed by the Authority under section 46 of the FB Act
                 and not repaid before the commencement day are taken to have been
                 borrowed under Part 6 of the FESA Act.

25   13.         Section 46A
                 Amounts that, immediately before the commencement day, are
                 standing to the credit of a replacement fund established under
                 section 46A of the FB Act are taken to be amounts standing to the
                 credit of a reserve fund established under section 35A of the FESA
30               Act.




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                                                  Transitional provisions      Schedule 1


                 Division 3 -- Arrangements with insurance companies
     14.          Arrangements with insurance companies
           (1)    The Minister, after consultation with the ICA, is to take all reasonable
                  steps to enter into arrangements with insurance companies that
5                 provide for the Minister to be given sufficient information by the
                  companies to satisfy the Minister that, as a result of the introduction
                  of the levy, the companies have appropriately reduced, or have given
                  appropriate refunds in relation to, the premiums payable for policies
                  of insurance.
10         (2)    In subclause (1) --
                  "policies of insurance" means policies of insurance within the
                       meaning of the FB Act.

     15.          Report by Minister
           (1)    Within 18 months after the commencement day, the Minister is to
15                prepare a report on the arrangements referred to in clause 14 and the
                  information given to the Minister in accordance with those
                  arrangements.
           (2)    The Minister may omit from the report any matter that the Minister
                  considers to be of a commercially sensitive nature.
20         (3)    As soon as practicable after the report is prepared the Minister is to
                  cause it to be laid before each House of Parliament.

                                  Division 4 -- Regulations
     16.          Further transitional regulations may be made
           (1)    If there is no sufficient provision in this Schedule for any matter or
25                thing necessary or convenient to give effect to the purposes of this
                  Schedule, that provision may be made by regulations under section 40
                  of the FESA Act.
           (2)    Without limiting subclause (1), regulations referred to in that
                  subclause may provide for any matter or thing necessary or
30                convenient --
                    (a) to assist the Minister to enter into the arrangements referred
                          to in clause 14; or

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     Schedule 1         Transitional provisions


                  (b)   to give effect to the purposes of entering into those
                        arrangements.
        (3)    Any such regulation may be made so as to have effect on or after the
               day on which this clause comes into operation.
5       (4)    To the extent that any such regulation has effect on a day that is
               earlier than the day of its publication in the Gazette, the regulation
               does not operate so as --
                  (a)   to affect, in a manner prejudicial to any person (other than the
                        State or the Authority), the rights of that person existing
10                      before the day of its publication; or
                  (b)   to impose liabilities on any person (other than the State or the
                        Authority), in respect of anything done or omitted to be done
                        before the day of its publication.




 


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