South Australian Numbered Acts

FIRE AND EMERGENCY SERVICES ACT 2005 (NO 40 OF 2005) - SCHEDULE 6

Schedule 6—Related amendments, repeals and transitional provisions

Part 1—Preliminary

1—Amendment provisions

In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Development Act 1993

2—Amendment of section 4—Definitions

Section 4(1), definition of fire authority —delete "Country Fire Service" and substitute:

South Australian Country Fire Service

3—Amendment of section 71—Fire safety

Section 71(19)(a)(ii)—delete "Country Fire Service" and substitute:

South Australian Country Fire Service

Part 3—Amendment of Electricity Act 1996

4—Amendment of section 53—Electricity entity may cut off electricity supply to avert damage

Section 53(2)—delete "Country Fire Service Board, or a delegate of that Board," and substitute:

Chief Officer of the South Australian Country Fire Service

5—Amendment of section 54—Emergency legislation not affected

        (1)         Section 54—delete " Essential Services Act 1981 ," and substitute:

Essential Services Act 1981 or Fire and Emergency Services Act 2005

        (2)         Section 54—delete "or State Emergency Service Act 1987 "

Part 4—Amendment of Emergency Services Funding Act 1998

6—Amendment of section 3—Interpretation

        (1)         Section 3(1), definition of emergency service , paragraph (a)(i)—delete subparagraph (i) and substitute:

                  (i)         the South Australian Country Fire Service;

        (2)         Section 3(1), definition of emergency service , (a)(iii)—delete subparagraph (iii) and substitute:

                  (iii)         the South Australian State Emergency Service;

7—Amendment of section 28—The Community Emergency Services Fund

        (1)         Section 28(4)(a)(i)—delete subparagraph (i) and substitute:

                  (i)         the South Australian Country Fire Service;

        (2)         Section 28(4)(a)(iii)—delete subparagraph (iii) and substitute:

                  (iii)         the South Australian State Emergency Service; or

        (3)         Section 28(4)—after paragraph (a) insert:

            (ab)         in payment to the South Australian Fire and Emergency Services Commission;

Part 5—Amendment of Essential Services Act 1981

8—Amendment of section 6—Power to require information

        (1)         Section 6(3)(c)—delete " State Emergency Service Act 1987 " and substitute:

Fire and Emergency Services Act 2005

        (2)         Section 6(6)(a)(iii)—delete " State Emergency Service Act 1987 " and substitute:

Fire and Emergency Services Act 2005

Part 6—Amendment of Gas Act 1997

9—Amendment of section 54—Emergency legislation not affected

        (1)         Section 54—delete " Essential Services Act 1981 ," and substitute:

Essential Services Act 1981 or Fire and Emergency Services Act 2005

        (2)         Section 54—delete "or State Emergency Service Act 1987 "

Part 7—Amendment of Local Government Act 1999

10—Amendment of section 147—Rateability of land

Section 147(2)—after paragraph (g) insert:

            (ga)         land occupied or held by an emergency services organisation under the Fire and Emergency Services Act 2005 ;

Part 8—Amendment of Private Parking Areas Act 1986

11—Amendment of section 4—Interpretation

Section 4(1), definition of exempt vehicle , (e)—delete "State Emergency Service" and substitute:

South Australian State Emergency Service

Part 9—Amendment of Summary Offences Act 1953

12—Amendment of section 83B—Dangerous areas

Section 83B(11)(b)—delete paragraph (b)

Part 10—Repeal of Acts

13—Repeal of Acts

The following Acts are repealed:

            (a)         Country Fires Act 1989 ;

            (b)         South Australian Metropolitan Fire Service Act 1936 ;

            (c)         State Emergency Service Act 1987 .

Part 11—Transitional provisions

14—Special provisions relating to the repeal of the Country Fires Act 1989

        (1)         In this clause—

relevant Act means the Country Fires Act 1989 .

        (2)         Any real or personal property of the Country Fire Service Board become, on the commencement of this clause, property of SACFS.

        (3)         Any rights or liabilities of the Country Fire Service Board (whether vested or contingent) become, on the commencement of this clause, rights and liabilities of SACFS.

        (4)         A decision or determination of the Country Fire Service Board that has any force or effect immediately before the commencement of this clause will be taken to be a decision or determination of the Chief Officer of SACFS.

        (5)         The person holding the office of Chief Officer of the Country Fire Service immediately before the commencement of this clause continues as the Chief Officer of SACFS under this Act with the same conditions of employment (and, if relevant, for the balance of his or her term of appointment).

        (6)         All C.F.S. organisations under the relevant Act become, on the commencement of this clause, SACFS organisations under this Act without affecting any office or position held in that organisation.

        (7)         All C.F.S. regions under the relevant Act become, on the commencement of this clause, SACFS regions under this Act.

        (8)         All money standing to the credit of the Country Fire Service Fund will, after the commencement of this clause, be managed by SACFS.

        (9)         All committees under Part 4 of the relevant Act become, on the commencement of this clause, committees established under this Act (and all members will be members of the relevant committees under this Act).

        (10)         A person holding an appointment as a fire prevention officer, authorised officer or fire control officer under the relevant Act will become, on the commencement of this clause, a person holding the corresponding appointment under this Act.

        (11)         Any permit or other authorisation in force under the relevant Act immediately before the commencement of this Act will continue to have force and effect as if it were a permit or authorisation issued under the corresponding provision of this Act.

15—Specific provisions relating to the repeal of the South Australian Metropolitan Fire Service Act 1936

        (1)         In this clause—

relevant Act means the South Australian Metropolitan Fire Service Act 1936 .

        (2)         The person holding the office of Chief Officer of the South Australian Metropolitan Fire Service immediately before the commencement of this clause continues as the Chief Officer of SAMFS under this Act with the same conditions of employment (and, if relevant, for the balance of his or her term of appointment).

        (3)         All fire brigades under the relevant Act become, on the commencement of this clause, fire brigades under this Act without affecting any office or position held in that fire brigade.

        (4)         All fire districts under the relevant Act become, on the commencement of this clause, SAMFS fire districts under this Act.

        (5)         A person holding an appointment as an authorised officer under the relevant Act will become, on the commencement of this clause, a person holding the corresponding appointment under this Act.

        (6)         A panel established under Schedule 1 of the relevant Act will become, on the commencement of this clause, the corresponding panel under Schedule 1 of this Act.

16—Specific provisions relating to the repeal of the State Emergency Service Act 1987

        (1)         In this clause—

relevant Act means the State Emergency Service Act 1987 .

        (2)         The person holding the office of Director of State Emergency Service South Australia immediately before the commencement of this clause continues as the Chief Officer of SASES under this Act with the same conditions of employment (and, if relevant, for the balance of his or her term of appointment).

        (3)         All S.E.S. units under the relevant Act become, on the commencement of this clause, SASES units under this Act without affecting any office or position held in the unit.

17—Staff

        (1)         The Minister may, by notice in the Gazette, transfer a person who is employed in the Emergency Services Administrative Unit immediately before the commencement of this subclause to—

            (a)         the staff of the Commission; or

            (b)         the staff of an emergency services organisation,

(so that the person will then be an employee of the Commission or organisation (as the case may be)).

        (2)         A person transferred under subclause (1) will have rights, obligations and liabilities in respect of his or her employment with the Commission or organisation that are the same as or equivalent to those that would have applied had the person remained as an employee within the Public Service.

        (3)         Subclause (2) applies to a person subject to any industrial or enterprise award, determination or agreement that may become binding on the Commission or the organisation (as the case may be).

        (4)         The Minister must consult with—

            (a)         the Commissioner for Public Employment; and

            (b)         any registered association that represents the interests of any person who is being transferred,

before acting under subclause (1).

        (5)         The Minister may, by notice in the Gazette, transfer a person who is employed in the South Australian Metropolitan Fire Service, the Country Fire Service or the State Emergency Service immediately before the commencement of this subclause to—

            (a)         the staff of the Commission; or

            (b)         the staff of another emergency services organisation,

(so that the person will then be an employee of the Commission or the other organisation (as the case may be)).

        (6)         The Minister must consult with—

            (a)         the Commissioner for Public Employment; and

            (b)         any registered association that represents the interests of any person who is being transferred,

before acting under subclause (5) and the conditions of employment that will apply to a person on his or her transfer under that subclause will be determined by the Commissioner for Public Employment.

        (7)         Despite a preceding subclause, a person transferred under this clause will be taken to have continuity of employment without any termination of service and any transfer will not affect any accrued or accruing right to leave.

18—Presiding member of Commission

        (1)         Despite section 11(1)(a) of this Act, the person first appointed to be the presiding member of the Board of the South Australian Fire and Emergency Services Commission need not hold the position of Chief Executive of the Commission.

        (2)         The following provisions will apply if a person is appointed pursuant to subclause (1):

            (a)         the person will be appointed on conditions determined by the Governor and for a term specified in the instrument of appointment;

            (b)         the person will be taken to be an ex officio member of the Board for the purposes of the other provisions of this Act.

19—Other provisions

        (1)         The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.

        (2)         A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.

        (3)         To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—

            (a)         decreasing the person's rights; or

            (b)         imposing liabilities on the person.

        (4)         The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule, apply to any amendment or repeal effected by this Schedule.