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COUNTRY FIRE AUTHORITY ACT 1958


TABLE OF PROVISIONS

           Long Title

   1.      Short title and commencement  
   2.      Objectives relating to interaction between fire services agencies  
   3.      Definitions  
   4.      Declaration of fire danger period  

   PART I--CONSTITUTION OF COUNTRY FIRE AUTHORITY

   6.      Appointment of Country Fire Authority  
   6A.     Accountability of Authority  
   6B.     Objective  
   6C.     Emergency Management Victoria  
   6D.     Compliance with operational standards of Emergency Management Commissioner  
   6DA.    Report on compliance with operational standards developed by the Emergency Management Commissioner  
   6DB.    Strategic Action Plan  
   6E.     Compliance with incident management operating procedures  
   6F.     Recognition of Authority as a volunteer-based organisation  
   6G.     Recognition of the Volunteer Charter  
   6H.     Authority to have regard to Volunteer Charter  
   6I.     Authority's responsibility to encourage, maintain and strengthen capacity of volunteers  
   7.      Constitution of the Authority  
   7AA.    Authority is the same body  
   7A.     Member of Authority not holding office etc. under Crown  
   8.      Term of office of members  
   9.      Chairperson  
   9A.     Rights of Chairperson in relation to the public service and superannuation  
   9B.     Deputy chairperson  
   10.     Quorum of Authority  
   11.     Voting at meetings  
   11A.    Conflicts of interest  
   12.     Minutes  
   12A.    Fees of members of Authority  
   13.     Expenses of chairperson, deputy chairperson and members  

   PART II--FIRE CONTROL REGIONS, OFFICERS ETC.

   14.     Control of the prevention and suppression of fires in the country area  
   15.     Proclamation of fire control regions  
   16.     Effect of alteration of municipal boundaries  
   16A.    Chief Executive Officer  
   16B.    Acting Chief Executive Officer  
   16C.    Delegation of powers of Chief Executive Officer  
   17.     Officers and employees  
   17A.    Volunteer auxiliary workers  
   18.     Salaries or wages of officers etc.  
   18A.    Immunity for officers etc.  
   19.     Long service leave of officers etc.  

   PART III--COUNTRY FIRE CONTROL

           Division 1--General

   20.     General duty of Authority  
   20AAA.  Duty to assist in major emergency  
   20AA.   General powers of Authority  
   20AB.   Powers relating to volunteer brigades located in the Fire Rescue Victoria fire district  
   20AC.   Role of volunteer brigades to be recognised and valued  
   20A.    Attendances unconnected with a fire  
   20B.    False alarm of fire  
   21.     Property of Authority etc.  
   21A.    Power to grant Crown land to Authority  
   21B.    Power to acquire land  
   22.     Persons holding property of brigades may transfer it to Authority or sell it etc.  
   23.     General powers of Authority with respect to brigades, apparatus etc.  
   23AA.   Industry brigades  
   23A.    Groups of brigades  
   24.     Annual report  
   25.     Election of officers of volunteer brigades  
   26.     Prohibition of unregistered brigades  
   27.     Chief Officer to have control of all brigades etc.  
   28.     Powers and duties of Chief Officer  
   29.     General powers and duties of Chief Officer  

           Division 2--Fire suppression

   30.     Powers of officers at fires  
   30A.    Authorisation of certain persons  
   31.     Police to assist Chief Officer etc.  
   32.     Duties of water, electricity and gas suppliers  
   33.     Determination of sole responsibility for fire suppression in certain areas  
   34.     Duties of owner etc. of land in case of fire during fire danger period  

           Division 3--Fire prevention

   34A.    Meaning of in the open air  
   36.     Authority may require certain municipalities to provide hydrants in streets etc.  
   36A.    Determination of sole responsibility for fire prevention in certain areas  
   37.     General prohibition against lighting open air fires  
   37A.    Direction not to light fire  
   38.     Lighting fires in accordance with permit  
   38A.    Fires for certain purposes to be lawful  
   39.     Prohibited actions near fires  
   39A.    Causing fire in country area in extreme conditions of weather etc. an offence  
   39B.    Defences  
   39C.    Causing fire in a country area with intent to cause damage etc. an indictable offence  
   39D.    Application  
   39E.    Prohibition of high fire risk activities  
   40.     Provisions about total fire bans  
   41.     Fire prevention notices  
   41A.    Service of notices  
   41B.    Objection to notices  
   41C.    Appeal against notices  
   41D.    Compliance with notices  
   41E.    Fire prevention infringement notices  
   41F.    Issue of notices by Chief Officer  
   42.     Brigades may carry out fire prevention work  
   43.     Duties and powers of councils and public authorities in relation to fire  
   44A.    Power to Chief Officer to close roads  
   45.     Power to Governor in Council to transfer municipal officers' powers  
   46.     Failure by public authority etc. to observe provisions of this Act  
   46A.    Power to arrest  
   47.     Construction of this Division  
   48.     Power to police, Chief Officer etc. to direct extinguishment of fire  
   49.     Obligation of sawmillers  
   50.     Required safety features of motor vehicles driven during fire danger period near crops  
   50AA.   Alarm monitoring service to provide prescribed information  

   PART IIIA--IMPROVING COMMUNITY SAFETY

           Division 1--Definitions

   50A.    Definitions  

           Division 2--Duty to warn community

   50B.    Duty to warn the community  

           Division 3--Neighbourhood safer places

   50E.    Country Fire Authority Assessment Guidelines  
   50F.    Municipal Council Neighbourhood Safer Places Plan  
   50G.    Municipal councils to identify and designate neighbourhood safer places  
   50H.    Appropriate signage for designated neighbourhood safer places  
   50I.    Maintenance of designated neighbourhood safer places  
   50J.    Annual assessment of designated neighbourhood safer places  
   50K.    Municipal fire prevention officer to provide up to date list of designated places to Authority  
   50L.    Authority to keep up to date list of all designated neighbourhood safer places  

           Division 4--Liability in relation to designated neighbourhood safer places

   50M.    Application of Part XII of Wrongs Act 1958  
   50N.    Liability relating to designated neighbourhood safer places  
   50O.    Policy defence  

           Division 5--Advice on defendability of buildings

   50P.    Chief Officer may advise on defendability of buildings  

   PART V--COMPENSATION OF CASUAL FIRE-FIGHTERS AND VOLUNTEER AUXILIARY WORKERS

   62.     Definitions  
   63.     Compensation in respect of injury to casual fire-fighter  
   64.     Compensation in respect of destruction or damage of wearing apparel, vehicles or equipment  
   65.     Compensation where compensation otherwise payable  

   PART VA--APPEALS

           Division 1--Country Fire Authority Appeals Commission

   74A.    Country Fire Authority Appeals Commission  
   74B.    Function of the Commission  
   74C.    Membership of Commission  
   74D.    Term of appointment  
   74E.    Remuneration and allowances  
   74F.    Application of Public Administration Act 2004  
   74G.    Vacancies  
   74H.    Annual report of the Commission  

           Division 2--Appeals

   74I.    Rights of appeal  
   74J.    Appeals to be by way of re-hearing  
   74K.    Proceedings of the Commission  
   74L.    Assistants in proceedings  
   74M.    Procedure on appeal  
   74N.    Commission powers on appeal  
   74O.    Costs  
   74P.    Appeals against transfer  
   74Q.    Promotion appeals  
   74R.    Determination of Commission  
   74S.    Authority and Chief Officer to give effect to determination  
   74T.    Evidence of determination  

   PART VI--FINANCIAL

   75.     Annual estimate of expenditure and revenue  
   76.     Amounts of contributions  
   82.     Borrowing by Authority  
   82A.    Guarantee of debentures etc. of Authority  
   83.     Provision in case of default by Authority in respect of debentures  
   84.     Authority may establish funds  
   84A.    Investment by Authority  
   84B.    Manufacture and sale of firefighting vehicles and equipment  
   85.     Power to Treasurer to make additional grants to Authority[1]  
   87AA.   Authority may charge for services under other Acts and regulations  
   87A.    Recovery of charges for services  

   PART VII--MISCELLANEOUS

   92.     Immunity provision  
   93.     Damage to be covered by fire insurance  
   93A.    Interstate fire brigades and international fire brigades  
   93B.    Activities outside country area of Victoria  
   94.     Saving of municipal councils and public authorities etc. from liability in certain cases  
   95.     Immunity provision for persons acting under certain circumstances  
   96.     Power to Authority to use water for fires and drills etc. without charge  
   96A.    Municipal fire prevention officers and assistants  
   97A.    Authority may provide rescue and extrication services  
   97B.    Authority may provide road accident rescue service  
   97C.    Authority may provide protection services  
   97D.    Extension and application of Act  
   98.     Place where fire occurs  
   98AA.   Restriction of access to fire area  
   98A.    Report of emergency incidents  
   99A.    Valor medals  
   99B.    Special Recognition Award  
   100.    Role of Volunteer Fire Brigades Victoria Incorporated  
   101.    Information to be furnished by associations  
   102.    Collections for brigades etc. to be authorized by Authority  
   103.    Fire brigade competitions to be authorized by Authority  
   106.    Proof of orders, directions etc. of Authority  
   106A.   Damage or interference with fire indicator panel or other apparatus  
   107.    Obstruction of officers and damage to apparatus  
   107A.   Offences relating to impersonation  
   107B.   False report of fire  
   108.    Mode of proof that place is in country area  
   108A.   Evidence of ownership or occupancy  
   109A.   Power to Authority to appoint deputies  
   109B.   Delegation  
   109C.   Application of penalties  
   110.    Regulations  
   111.    Transitional—appeals  
   112.    Declaration of fire danger period  
   113.    Transitional—chairman  
   114.    Transitional—rights of appeal under section 74I  
   115.    Transitional—Neighbourhood safer places  
   116.    Transitional—Constitution of Authority  
   117.    Transitional—Constitution of the Authority  
           ENDNOTES


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