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Justice Legislation Amendment Act 2014
No. of 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--COUNTRY FIRE AUTHORITY ACT 1958 3
3 Section 7 substituted and new section 7AA inserted--
Constitution of the Authority 3
7 Constitution of the Authority 3
7AA Authority is the same body 4
4 Changes to references to chairman and deputy chairman 4
5 Amendment of section 10--Quorum of Authority 7
6 Amendment of section 42--Brigades may carry out fire
prevention work 7
7 Amendment of section 50A--Definitions 7
8 Amendment of section 55A--Municipal fire prevention plans 8
9 Amendment of section 92--Immunity provision 8
10 Amendment of section 93B--Activities outside country area
of Victoria 9
11 Amendment of section 110--Regulations 9
PART 3--EMERGENCY MANAGEMENT ACTS 10
12 Consequential amendment of Emergency Management
Act 1986 10
13 Amendment of section 3--Definitions 10
14 Amendment of section 86 10
i
Clause Page
PART 4--EMERGENCY SERVICES TELECOMMUNICATIONS
AUTHORITY ACT 2004 11
15 Amendment of Part 4--Particular Functions, Powers and
Duties 11
Division 4--Emergency Warning and Advisory Services 11
32A Function and powers relating to emergency warning
and advisory services 11
32B Limitation on section 32A 11
PART 5--REPEAL 13
16 Repeal of amending Act 13
ENDNOTES 14
ii
Justice Legislation Amendment Act
2014
No. of 2014
[Assented to ]
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to--
(a) amend the Country Fire Authority Act
1958--
(i) to provide for the appointment of
members of the Country Fire Authority;
and
1
Justice Legislation Amendment Act 2014
No. of 2014
Part 1--Preliminary
s. 2
(ii) in relation to the operation of industry
brigades; and
(iii) to provide for places that are to be
community fire refuges to be prescribed
by regulations; and
(b) make a consequential amendment to the
Emergency Management Act 1986 and to
amend the Emergency Management Act
2013 to make minor technical amendments;
and
(c) amend the Emergency Services
Telecommunications Authority Act 2004
to enable the Emergency Services
Telecommunications Authority to undertake
functions in relation to emergency warning
and advisory services.
2 Commencement
(1) This Part and Parts 4 and 5 come into operation on
the day after the day on which it receives the
Royal Assent.
(2) Sections 13 and 14 are to be taken to have come
into operation on 3 December 2013.
(3) Subject to subsection (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(4) If a provision referred to in subsection (3) does
not come into operation before 1 July 2015, it
comes into operation on that day.
__________________
2
Justice Legislation Amendment Act 2014
No. of 2014
Part 2--Country Fire Authority Act 1958
s. 3
PART 2--COUNTRY FIRE AUTHORITY ACT 1958
3 Section 7 substituted and new section 7AA
inserted--Constitution of the Authority
For section 7 of the Country Fire Authority Act See:
Act No.
1958 substitute-- 6228.
Reprint No. 14
"7 Constitution of the Authority as at
16 May 2012
(1) The Authority is to consist of 9 members and
amending
appointed by the Governor in Council. Act Nos
20/2012 and
(2) The members of the Authority are to be 35/2012.
appointed having regard to any of the LawToday:
www.
following-- legislation.
vic.gov.au
(a) knowledge of, or experience in,
commercial, technical, operational,
legal or financial matters;
(b) expertise in fire services, emergency
management, land management or any
other field relevant to the performance
of the functions of the Authority.
(3) Five members of the Authority, including the
Chairperson and the Deputy Chairperson, are
to be appointed on the recommendation of
the Minister made after having regard to
subsection (2).
(4) Four members being--
(a) two volunteer members of brigades
predominately serving urban
communities; and
(b) two volunteer members of brigades
predominately serving rural
communities--
are to be appointed from a panel of names
nominated by the Board of Volunteer Fire
Brigades Victoria made after having regard
to subsection (2).
3
Justice Legislation Amendment Act 2014
No. of 2014
Part 2--Country Fire Authority Act 1958
s. 4
(5) If the Board of Volunteer Fire Brigades
Victoria fails to submit a nomination for the
purposes of subsection (4) within 30 days
after receiving a request from the Minister to
submit a nomination, the Governor in
Council may after having regard to
subsection (2) appoint a person or persons to
be a member or members of the Authority
for the purposes of subsection (4).
7AA Authority is the same body
The Authority continues to be the same body
despite the change to its membership as a
result of the commencement of section 3 of
the Justice Legislation Amendment Act
2014.".
4 Changes to references to chairman and deputy
chairman
In the Country Fire Authority Act 1958--
(a) insert the following heading to section 9--
"Chairperson";
(b) in section 9(2) for "chairman" substitute
"chairperson";
(c) in section 9(3)--
(i) for "chairman or deputy chairman"
substitute "chairperson or deputy
chairperson";
(ii) for "deputy chairman, the acting deputy
chairman" substitute "deputy
chairperson, the acting deputy
chairperson";
(iii) for "as chairman" substitute
"as chairperson";
(iv) for "the chairman" substitute
"the chairperson";
4
Justice Legislation Amendment Act 2014
No. of 2014
Part 2--Country Fire Authority Act 1958
s. 4
(d) insert the following heading to section 9A--
"Rights of Chairperson in relation to the
public service and superannuation";
(e) in section 9A, for "chairman" (wherever
occurring) substitute "chairperson";
(f) insert the following heading to section 9B--
"Deputy chairperson";
(g) in section 9B(1)--
(i) for "deputy chairman" substitute
"deputy chairperson";
(ii) for "chairman" (where three times
occurring) substitute "chairperson";
(h) in section 9B(3)--
(i) for "deputy chairman" substitute
"deputy chairperson";
(ii) for "chairman" (where twice occurring)
substitute "chairperson";
(i) in section 9B(4) for "deputy chairman"
substitute "deputy chairperson";
(j) in section 9B(5)--
(i) for "The chairman" substitute
"The chairperson";
(ii) for "deputy chairman" substitute
"deputy chairperson";
(iii) after "his"(wherever occurring) insert
"or her";
(k) in section 9B(6) for "chairman" substitute
"chairperson";
(l) in sections 9B(7), (8) and (9) for "deputy
chairman" (wherever occurring) substitute
"deputy chairperson";
5
Justice Legislation Amendment Act 2014
No. of 2014
Part 2--Country Fire Authority Act 1958
s. 4
(m) in section 9B(9) after "he" insert "or she";
(n) in section 9B(10)--
(i) for "deputy chairman" (wherever
occurring) substitute "deputy
chairperson";
(ii) for "chairman" substitute
"chairperson";
(o) in section 9B(11) for "deputy chairman"
(wherever occurring) substitute "deputy
chairperson";
(p) in section 10(3) for "deputy chairman"
substitute "deputy chairperson";
(q) in section 11(1) for "chairman" substitute
"chairperson";
(r) in section 11A(2) for "chairman" substitute
"chairperson";
(s) in sections 12(2) and 12A for "chairman or
deputy chairman" substitute "chairperson or
deputy chairperson";
(t) insert the following heading to section 13--
"Expenses of chairperson, deputy
chairperson and members";
(u) in section 13(1) for "chairman deputy
chairman" ( where twice occurring)
substitute "chairperson, deputy
chairperson";
(v) in section 13(2) for "chairman deputy
chairman" substitute "chairperson, deputy
chairperson".
6
Justice Legislation Amendment Act 2014
No. of 2014
Part 2--Country Fire Authority Act 1958
s. 5
5 Amendment of section 10--Quorum of Authority
In section 10(1) of the Country Fire Authority
Act 1958, for "six" substitute "5".
6 Amendment of section 42--Brigades may carry out
fire prevention work
For section 42(4) of the Country Fire Authority
Act 1958 substitute--
"(4) Subject to the general direction of the
Authority and the Chief Officer, the officers
and members of an industry brigade may
assist other brigades in carrying out any
work under subsection (1) if--
(a) the officer in charge of the relevant
brigade has made a request for
assistance to the officer in charge of the
industry brigade; and
(b) the relevant owner or group of relevant
owners in relation to the industry
brigade have agreed to the industry
brigade providing assistance.".
7 Amendment of section 50A--Definitions
In section 50A of the Country Fire Authority
Act 1958, for the definition of community fire
refuge substitute--
"community fire refuge means a place prescribed
by the regulations to be a place that is to be
used by the public for short-term shelter
from a fire front during a bushfire;".
7
Justice Legislation Amendment Act 2014
No. of 2014
Part 2--Country Fire Authority Act 1958
s. 8
8 Amendment of section 55A--Municipal fire
prevention plans
For section 55A(2)(cb) of the Country Fire
Authority Act 1958 substitute--
"(cb) identifying any places in the municipal
district that are community fire refuges
within the meaning of section 50A; and".
9 Amendment of section 92--Immunity provision
(1) After section 92(1)(c) of the Country Fire
Authority Act 1958 insert--
"(ca) an officer or member of an industry brigade
when assisting the Authority, a group of
brigades or any brigade in accordance with
this Act or the regulations in relation to fire
prevention or fire suppression or the
protection of life and property and, as the
case may be--
(i) under the command and control of the
Chief Officer; or
(ii) subject to the general direction and
control of the Authority and the Chief
Officer; or
(iii) if in a place outside the country area of
Victoria, subject to the direction and
control of the person or body having
authority in that place;".
(2) After section 92(2) of the Country Fire
Authority Act 1958 insert--
"(2A) For the purposes of subsection (2), an officer
or member of an industry brigade to whom
subsection (1)(ca) applies, is to be taken to
be exercising a power or discharging a duty
under this Act or the regulations while
providing the assistance referred to in
subsection (1)(ca).".
8
Justice Legislation Amendment Act 2014
No. of 2014
Part 2--Country Fire Authority Act 1958
s. 10
10 Amendment of section 93B--Activities outside
country area of Victoria
(1) After section 93B(1A) of the Country Fire
Authority Act 1958 insert--
"(1B) For the purposes of subsection (1), an
industry brigade may assist the Authority, a
group of brigades or any brigade in the
prevention or suppression of a fire or the
protection of life and property in a place
under subsection (1) subject to the direction
and control of the person or body having
authority in that place if--
(a) the Chief Officer has made a request
for assistance to the officer in charge of
the industry brigade; and
(b) the relevant owner or group of relevant
owners in relation to the industry
brigade have agreed to the industry
brigade providing assistance.".
(2) In section 93B(2) of the Country Fire Authority
Act 1958, after "(1A)" insert "or an industry
brigade is engaged in providing assistance
referred to in subsection (1B)".
(3) Section 93B(3) of the Country Fire Authority
Act 1958 is repealed.
11 Amendment of section 110--Regulations
After section 110(1)(ub) of the Country Fire
Authority Act 1958 insert--
"(uc) for prescribing a place to be a community
fire refuge for the purposes of Part IIIA;".
__________________
9
Justice Legislation Amendment Act 2014
No. of 2014
Part 3--Emergency Management Acts
s. 12
PART 3--EMERGENCY MANAGEMENT ACTS
12 Consequential amendment of Emergency
Management Act 1986
For section 20(2)(ba)(ii) of the Emergency
Management Act 1986 substitute--
"(ii) identifying any places in the municipal
district that are community fire refuges
within the meaning of section 50A of the
Country Fire Authority Act 1958; and".
13 Amendment of section 3--Definitions
In section 3 of the Emergency Management Act
2013, in the definition of Secretary to the
Department of Environment and Primary
Industries, for "(b)" substitute "(a)".
14 Amendment of section 86
In section 86 of the Emergency Management
Act 2013, in proposed new section 61D of the
Forests Act 1958, after "powers" insert "under
section 62(2)(a)".
__________________
10
Justice Legislation Amendment Act 2014
No. of 2014
Part 4--Emergency Services Telecommunications Authority Act 2004
s. 15
PART 4--EMERGENCY SERVICES
TELECOMMUNICATIONS AUTHORITY ACT 2004
15 Amendment of Part 4--Particular Functions,
Powers and Duties
After Division 3 of Part 4 of the Emergency See:
Act No.
Services Telecommunications Authority Act 98/2004.
2004 insert-- Reprint No. 1
as at
21 May 2009
"Division 4--Emergency Warning and and
amending
Advisory Services Act Nos
5/2012,
32A Function and powers relating to 82/2012 and
emergency warning and advisory services 73/2013.
LawToday:
www.
(1) This section applies if the Authority receives legislation.
a request in writing from the Chief Executive vic.gov.au
of Emergency Management Victoria to
perform a function or exercise a power under
this section.
(2) If this section applies, the Authority has the
function of providing emergency warning
and advisory services, including the
administration of contracts for the provision
of the services, specified in the request.
(3) The Authority has all the powers necessary
to perform the function under this section.
32B Limitation on section 32A
(1) A request under section 32A(1) must not be
inconsistent with any directions given to the
Authority by the Minister under section 20.
(2) Directions given by the Minister under
section 20 prevail to the extent of any
inconsistency with a request under
section 32A(1).
11
Justice Legislation Amendment Act 2014
No. of 2014
Part 4--Emergency Services Telecommunications Authority Act 2004
s. 15
(3) The Authority must perform a function and
exercise powers under section 32A subject to
this section.".
__________________
12
Justice Legislation Amendment Act 2014
No. of 2014
Part 5--Repeal
s. 16
PART 5--REPEAL
16 Repeal of amending Act
This Act is repealed on 1 July 2016.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
13
Justice Legislation Amendment Act 2014
No. of 2014
Endnotes
ENDNOTES
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Country Fire Authority Act 1958, the Emergency Management Act
1986, the Emergency Management Act 2013 and the Emergency
Services Telecommunications Authority Act 2004 and for other
purposes."
By Authority. Government Printer for the State of Victoria.
14
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