South Australian Numbered Acts

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FIRE AND EMERGENCY SERVICES ACT 2005 (NO 40 OF 2005) - SECT 116

116—SASES units

        (1)         The Chief Officer may, by notice in the Gazette—

            (a)         establish an SASES unit;

            (b)         assign a name to an SASES unit.

        (2)         If—

            (a)         the Chief Officer is establishing an SASES unit to take over the activities of an organisation; and

            (b)         the organisation is a body corporate; and

            (c)         the organisation seeks its dissolution under this provision in the manner prescribed by the regulations,

then the Chief Officer may, by notice in the Gazette, dissolve the body corporate (and that dissolution will have effect by force of this subsection).

        (3)         On dissolution of an organisation under subsection (2), its property, rights and liabilities vest in SASES.

        (4)         An SASES unit will have a constitution that accords with any requirements prescribed by the regulations or determined by the Chief Officer.

        (5)         The constitution of an SASES unit may be amended, with the approval of the Chief Officer, in the manner set out in the constitution.

        (6)         An SASES unit

            (a)         has the functions and powers prescribed by this Act or the regulations or set out in its constitution; and

            (b)         has such other functions or powers as may be assigned to it by the Chief Officer.

        (7)         An SASES unit must—

            (a)         maintain such records as may be prescribed, specified by its constitution, or required by the Chief Officer; and

            (b)         furnish to the Chief Officer, in a manner and form determined by the Chief Officer, any information required by the Chief Officer.

        (8)         The Chief Officer may, by notice in the Gazette, dissolve an SASES unit.

        (9)         The Chief Officer must, before determining to dissolve an SASES unit, consult with—

            (a)         the members of the unit; and

            (b)         the local community; and

            (c)         S.A.S.E.S. Volunteers' Association Incorporated,

in relation to the matter.

        (10)         For the purposes of subsection (9), the Chief Officer must—

            (a)         organise a meeting at which the Chief Officer, or a representative or representatives of the Chief Officer, can meet with the members of the unit (or their representative or representatives); and

            (b)         organise a public meeting within the local community; and

            (c)         invite S.A.S.E.S. Volunteers' Association Incorporated to—

                  (i)         make written submissions to the Chief Officer in relation to the matter; or

                  (ii)         have a representative, or representatives, attend a meeting with the Chief Officer or a representative or representatives of the Chief Officer,

as the Association sees fit.

        (11)         The Chief Officer must give notice of a public meeting under subsection (10)(b) by advertisement in a newspaper circulating throughout the local area.

        (12)         The Chief Officer must also give notice of a public meeting to any member of the House of Assembly whose electoral district includes any part of the area in relation to which the SASES unit is constituted.

        (13)         The Chief Officer, or a person appointed by the Chief Officer, must chair a public meeting.

        (14)         If—

            (a)         a resolution expressing opposition to the dissolution of the SASES unit is passed (by majority vote) at a public meeting held under this section; but

            (b)         the Chief Officer determines to dissolve the SASES unit in any event,

then the Chief Officer must furnish to the Minister a written report in relation to the matter.

        (15)         The Minister must, within 6 sitting days after receiving a report under subsection (14), have copies of the report laid before both Houses of Parliament.

Subdivision 1—Exercise of control at scene of emergency



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