South Australian Numbered Acts

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FIRE AND EMERGENCY SERVICES ACT 2005 (NO 40 OF 2005) - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"appointed member" of the Board means a member of the Board appointed by the Governor under section 11(1)(e);

"award" includes—

            (a)         an award or order of the Industrial Relations Commission of South Australia; and

            (b)         an award or order of the Australian Industrial Relations Commission;

"Board" means the board established as the governing body of the Commission under Part 2 Division 3;

"CE of the Commission" means the person holding the office of Chief Executive of the Commission under Part 2 Division 4 and includes a person for the time being acting in that office;

"Chief Officer" of SACFS means the person holding the office of Chief Officer of SACFS under Part 4 Division 3 and includes a person for the time being acting in that office;

"Chief Officer" of SAMFS means the person holding the office of Chief Officer of SAMFS under Part 3 Division 3 and includes a person for the time being acting in that office;

"Chief Officer" of SASES means the person holding the office of Chief Officer of SASES under Part 5 Division 3 and includes a person for the time being acting in that office;

"Commission" means the South Australian Fire and Emergency Services Commission established under Part 2 Division 1;

"council" means a council constituted under the Local Government Act 1999 ;

"country" means any part of the State outside an SAMFS fire district;

"department" means the administrative unit designated from time to time by the Minister by notice in the Gazette as being the relevant department for the purposes of this Act;

"District Court" means the Administrative and Disciplinary Division of the District Court;

"emergency" means an event that causes, or threatens to cause—

            (a)         the death of, or injury or other damage to the health of, any person; or

            (b)         the destruction of, or damage to, any property; or

            (c)         a disruption to essential services or to services usually enjoyed by the community; or

            (d)         harm to the environment, or to flora or fauna;

"emergency services organisation" means—

            (a)         SAMFS; or

            (b)         SACFS; or

            (c)         SASES;

"emergency services sector" comprises—

            (a)         the Commission; and

            (b)         SAMFS; and

            (c)         SACFS; and

            (d)         SASES;

"ex officio member" of the Board means a member of the Board who holds office ex officio under section 12(1);

"fire control officer" means a fire control officer appointed by the Chief Officer of SACFS under section 103;

"fire danger season", in relation to a part of the State, means a fire danger season fixed for that part of the State under Part 4 Division 8;

"fire district" means a fire district established under section 4 for the purposes of the operations of SAMFS;

"firefighter" includes a control room operator;

"fire-fighting" means any activity directed towards—

            (a)         preventing, controlling or extinguishing fires;

            (b)         dealing with other emergencies that require SAMFS or SACFS to act to protect life, property or the environment;

"fire prevention officer" means a fire prevention officer appointed by a council under Part 4 Division 7 Subdivision 3 (and includes an assistant fire prevention officer);

"forest reserve" means a forest reserve under the Forestry Act 1950 ;

"industrial agreement" means—

            (a)         an enterprise agreement in force under the Fair Work Act 1994 ; or

            (b)         a certified agreement or an Australian workplace agreement in force under the Workplace Relations Act 1996 of the Commonwealth as amended from time to time;

"LGA" means the Local Government Association of South Australia;

"misconduct", in relation to an officer or firefighter of SAMFS, means a contravention of or a failure to comply with the Code of Conduct set out in Schedule 2;

"officer" of an emergency services organisation means a person who is designated as an officer of that organisation within the command or organisational structure of the organisation;

"owner"—

            (a)         in relation to land alienated from the Crown in fee simple—means the owner of an estate in fee simple in the land;

            (b)         in relation to land held from the Crown by lease, licence or agreement to purchase—means the lessee, licensee or purchaser,

and includes the occupier;

"private land" means—

            (a)         land alienated from the Crown in fee simple; or

            (b)         land held from the Crown by lease, licence or agreement to purchase,

other than land under the care, control or management of a council or a Minister, agency or instrumentality of the Crown;

"public sector agency" means a public sector agency under the Public Sector Management Act 1995 ;

"relative", in relation to a person, means the spouse, parent or remoter linear ancestor, son, daughter or remoter issue or brother or sister of the person;

"rescue" means the safe removal of persons or animals from actual or threatened danger of physical harm;

"rural council" means a council whose area lies wholly or partially outside a fire district;

"SACFS" means the South Australian Country Fire Service under Part 4;

"SACFS organisation" means—

            (a)         an SACFS brigade; or

            (b)         an SACFS group;

"SACFS region" means a region established under Part 4 Division 4;

"SAMFS" means the South Australian Metropolitan Fire Service under Part 3;

"SASES" means the South Australian State Emergency Service under Part 5;

"SASES unit" means an SASES unit established under Part 5 Division 4;

"spouse" includes a putative spouse (whether or not a declaration of the relationship has been made under the Family Relationships Act 1975 );

"UFU" means—

            (a)         the United Firefighters' Union of South Australia Incorporated; and

            (b)         the United Firefighters' Union of Australia (South Australian Branch);

"vehicle" includes an aircraft or vessel.

        (2)         For the purposes of this Act, bushfire prevention relates to any reasonable action that may be taken in the country areas of the State—

            (a)         to reduce or eliminate the risk of outbreak of bushfires; or

            (b)         to prevent or inhibit—

                  (i)         the spread of any bushfire; or

                  (ii)         any increase in the intensity or seriousness of any bushfire; or

            (c)         to mitigate the effect of any bushfire.

        (3)         SACFS, the South Australian Bushfire Prevention Advisory Committee and any regional or district bushfire prevention committees constituted under Part 4 must, in the exercise and performance of powers and functions under this Act—

            (a)         have due regard to the impact of their actions on the environment; and

            (b)         seek to achieve a proper balance between bushfire prevention and proper land management in the country.

        (4)         For the purposes of this Act, a person is an associate of another person if—

            (a)         the other person is a relative of the person or of the person's spouse; or

            (b)         the other person—

                  (i)         is a body corporate; and

                  (ii)         the person or a relative of the person or of the person's spouse has, or 2 or more such persons together have, a relevant interest or relevant interests in shares in the body corporate the nominal value of which is not less than 10 per cent of the nominal value of the issued share capital of the body corporate; or

            (c)         the other person is a trustee of a trust of which the person, a relative of the person or of the person's spouse or a body corporate referred to in subparagraph (ii) is a beneficiary; or

            (d)         the person is declared by the regulations to be an associate of the other person.

        (5)         To avoid doubt, a person cannot, at any particular time, be the Chief Officer of more than 1 emergency services organisation.



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