Victorian Current Acts Victorian Current ActsS. 22(1) substituted by No. 10149
s. 7(1)(a), amended by No. 5/2012 s. 11(1).
(1) A person in whom personal property is vested for or on behalf of a brigade or a group of brigades, and who is authorized in accordance with subsection (1A), may—
(a) transfer the property gratuitously to the Authority; or
(b) sell or otherwise dispose of the property and devote the proceeds to the purposes of the brigade or group of brigades (as the case requires).
S. 22(1A) inserted by No. 10149
s. 7(1)(a).
(1A) Authorization for the purposes of subsection (1) may be given—
(a) in the case of a brigade—
(i) by a resolution of the members of the brigade duly passed in accordance with the rules of the brigade; or
(ii) in the absence of any applicable rules, by a resolution passed by a majority of members present at a meeting of which not less than fourteen days notice, signifying the intention to propose a resolution for the purposes of this subparagraph, has been given to all duly enrolled members of the brigade; or
(b) in the case of a group of brigades, jointly by the group officer and the group secretary.
S. 22(2) amended by No. 5/2012
s. 11(2).
(2) Where any personal property (not being the property of the Authority or of any particular person or persons) is in the possession and control of any brigade and there is no person in whom that property is specifically vested for or on behalf of the brigade, then for the purposes of this section that property shall be deemed to be vested in the captain and the secretary of the brigade jointly and the said captain and secretary may exercise the powers conferred by this section accordingly.
S. 22(2A) inserted by No. 10149
s. 7(1)(b).
(2A) Where any personal property (not being a fire-fighting vehicle and not being the property of the Authority or of any particular person or persons) is in the possession and control of any group of brigades and there is no person in whom that property is specifically vested for or on behalf of the group of brigades, then for the purposes of this section, that property shall be deemed to be vested in the group officer and group secretary of the group of brigades jointly and that group officer and group secretary may exercise the powers conferred by this section accordingly.
(3) Where in the exercise or purported exercise of the powers conferred by this section any personal property is transferred to and accepted by the Authority or sold or otherwise disposed of, that transfer sale or disposal shall be valid and effectual for all purposes and shall operate to convey the property free from all trusts and encumbrances, and no person shall be deemed guilty of any conversion or breach of trust by reason only of any such transfer sale or disposal if done in good faith.
(4) The Authority may in its discretion accept or decline the transfer to it of any personal property pursuant to this section, and where any such transfer is accepted the property shall vest absolutely in the Authority for the purposes of this Act.
S. 22(5) inserted by No. 24/1997
s. 12(4).
(5) This section does not apply in relation to an industry brigade.
No. 5040 s. 24.
S. 23 amended by No. 8257
s. 5(a).