1 Short title

This Act may be cited as the Disaster Management and Other Legislation Amendment Act 2024.

2 Commencement

This Act commences on a day to be fixed by proclamation.

3 Act amended

This part amends the Disaster Management Act 2003.

4 Amendment of s 4A (Guiding principles)

(1) Section 4A (a) (i), ‘the taking’—omit, insert—prevention, involving the taking

(2) Section 4A (a) (ii), ‘the taking’—omit, insert—preparation, involving the taking

(3) Section 4A (a) (iii), ‘the taking’—omit, insert—response, involving the taking

(4) Section 4A (a) (iv), ‘the taking’—omit, insert—recovery, involving the taking

(5) Section 4A —insert—

(aa) consideration should be given to the improvement of the resilience of a community to a disaster in all 4 phases of disaster management planning under paragraph (a);

(6) Section 4A (b) (i) and (d), ‘State group’—omit, insert—QDMC

(7) Section 4A (aa) to (d) —renumber as section 4A (b) to (e).

5 Amendment of s 17 (Establishment)

(1) Section 17, ‘The Queensland’—omit, insert—A group known as the Queensland

(2) Section 17, ‘(the "State group")’—omit, insert—(the "QDMC")

6 Amendment of s 18 (Functions)

(1) Section 18, ‘State group’—omit, insert—QDMC

(2) Section 18, before paragraph (a) —insert—

(aa) to provide strategic leadership for disaster management and disaster operations for the State;

(3) Section 18 (aa) to (i) —renumber as section 18 (a) to (j).

7 Amendment of s 20A (Functions of chairperson of State group)

(1) Section 20A, heading, ‘State group’—omit, insert—QDMC

(2) Section 20A, ‘State group’—omit, insert—QDMC

(3) Section 20A —insert—

(c) other functions given to the chairperson under this Act or another Act.

8 Insertion of new ss 21CA and 21CB

After section 21C —

insert—

21CA State recovery policy and planning coordinator

(1) The role of the State recovery policy and planning coordinator is to be performed by—

(a) the chief executive officer of the Queensland Reconstruction Authority under the Queensland Reconstruction Authority Act 2011; or

(b) if the chief executive officer is unable to perform the functions of the office—an appropriately qualified person appointed by the chairperson of the QDMC.

(2) The appointment must be in writing and may be terminated only in writing.

21CB Functions of State recovery policy and planning coordinator

(1) The State recovery policy and planning coordinator has the following functions—

(a) to make policies and plans for the QDMC about coordinating effective disaster recovery operations;

(b) to liaise with, and advise, the State disaster coordinator about disaster recovery operations;

(c) without limiting paragraph (b), to work with the State disaster coordinator to transition from disaster response operations to disaster recovery operations;

(d) to oversee the implementation of policies for effective disaster recovery operations and for improving resilience of the State;

(e) if a State recovery coordinator is appointed for a disaster—to liaise with, and advise, the State recovery coordinator about coordinating the disaster recovery operations for the disaster;

(f) to report regularly to the QDMC about the coordination of disaster recovery operations;

(g) to otherwise coordinate disaster recovery operations for the QDMC.

(2) In this section—

"disaster response operations" see section 21C(2).

9 Amendment of s 21D (State recovery coordinator)

(1) Section 21D (1) and (3), ‘of the State group’—omit, insert—of the QDMC

(2) Section 21D (1) (a), after ‘appointed’—insert—for the disaster

(3) Section 21D —insert—

(1A) Before appointing a person as the State recovery coordinator for a disaster, the chairperson of the QDMC must consult with the State recovery policy and planning coordinator.

(4) Section 21D (3), ‘disaster operations for the State group’—omit, insert—disaster recovery operations for the disaster

(5) Section 21D (4), ‘State group’—omit, insert—QDMC

(6) Section 21D (1A) to (4) —renumber as section 21D (2) to (5).

10 Replacement of s 21E (Functions of State recovery coordinator)

Section 21E —

omit, insert—

21E Functions of State recovery coordinator

The State recovery coordinator for a disaster has the following functions—

(a) to coordinate the disaster recovery operations for the disaster;

(b) to liaise with, and advise, the State recovery policy and planning coordinator about the disaster recovery operations;

(c) to report regularly about the disaster recovery operations to the State recovery policy and planning coordinator;

(d) to report about the disaster recovery operations to the chairperson of the QDMC as directed by the chairperson;

(e) to ensure, as far as reasonably practicable, that any strategic decisions of the QDMC relevant to the disaster recovery operations are implemented;

(f) to provide strategic advice on the disaster recovery operations to government agencies performing disaster recovery operations for the disaster.

11 Insertion of new ss 21L and 21M

After section 21K —

insert—

21L Police commissioner to appoint executive officer of SDM group The police commissioner must appoint an executive officer of the SDM group.

21M Executive officer to provide support The executive officer must provide support to the SDM group, as directed by the chairperson of the group, to help the group perform its functions, including the following—

(a) calling meetings of the group;

(b) providing executive support at meetings of the group;

(c) providing any other executive support the chairperson considers necessary.

12 Amendment of s 44 (Annual report)

(1) Section 44 (1) —omit, insert—

(1) As soon as practicable after the end of each financial year, the QDMC must—

(a) prepare a written report about disaster management in the State; and

(b) present the report to the chairperson of the QDMC; and

(c) publish the report on an appropriate website providing information to the public.

(2) Section 44 (2) (d), ‘State group’—omit, insert—QDMC

(3) Section 44 —insert—

(3) Before publication under subsection (1)(c), the report must be approved by—

(a) if the chairperson of the QDMC considers it appropriate to approve the report—the chairperson; or

(b) otherwise—the QDMC.

13 Amendment of s 49 (State plan for disaster management)

(1) Section 49 (1) and (3), ‘State group’—omit, insert—QDMC

(2) Section 49 —insert—

(2A) The plan must be approved by—

(a) if the chairperson of the QDMC considers it appropriate to approve the plan—the chairperson; or

(b) otherwise—the QDMC.

(3) Section 49 (2A) to (3) —renumber as section 49 (3) to (4).

14 Insertion of new pt 14, div 3, sdiv 5

Part 14, division 3 —

insert—

15 Amendment of schedule (Dictionary)

(1) Schedule, definition "State group" —omit.

(2) Schedule—insert—

"disaster recovery operations" means—

(a) generally—the phase of disaster operations relating to recovering from disasters; or

(b) for a disaster—the phase of disaster operations relating to recovering from the disaster.

"phase", of disaster operations, means a phase of disaster management mentioned in section 4A(a)(i), (ii), (iii) or (iv) relevant to the disaster operations.

"police service" means the police service under the Police Service Administration Act 1990.

"QDMC" see section 17.

"resilience", of a community, means the ability of the community and its systems—

(a) to recover from the impacts of a disaster, including, for example, the ability to restore essential infrastructure and community functions; and

(b) to accommodate or adapt to the impacts of a disaster.

"State recovery policy and planning coordinator" means the person performing the role of State recovery policy and planning coordinator under section 21CA.

(3) Schedule, definition "chairperson", paragraph (a), ‘State group’—omit, insert—QDMC

(4) Schedule, definition "disaster management group", ‘the State group’—omit, insert—the QDMC

(5) Schedule, definition "disaster management guidelines", ‘chief executive’—omit, insert—police commissioner

(6) Schedule, definition "executive officer" —insert—

(aa) for part 2, division 1A—see section 21L; or

(7) Schedule, definition "executive officer", paragraphs (aa) to (b) —renumber as paragraphs (b) to (c).

16 Regulation amended

This part amends the Disaster Management Regulation 2014.

17 Amendment of s 3 (Persons to assist or carry out other activities relating to the State group—Act, s 19A)

(1) Section 3 (1), from ‘State group’ to ‘functions’—omit, insert—QDMC in carrying out its functions

(2) Section 3 (1) (c) —omit, insert—

(c) the police commissioner;

(3) Section 3 (2), ‘State group’—omit, insert—QDMC

(4) Section 3 (2) —insert—

(c) for functions relating to a disaster for which a Crisis Communication Network has been established—the chair of the Crisis Communication Network.

(5) Section 3 —insert—

(3) In this section—

"Crisis Communication Network" means a group of that name established under an administrative arrangement to help to coordinate public information relating to a disaster.

18 Act amended

This part amends the Fire and Emergency Services Act 1990.

19 Amendment of long title

Long title, ‘the Queensland Fire and Emergency Service’—

omit, insert—

Queensland Fire and Rescue and Rural Fire Service Queensland

20 Amendment of s 1 (Short title)

Section 1, ‘ Fire and Emergency Services Act 1990 ’—

omit, insert—

Fire Services Act 1990

21 Amendment of s 2 (Objects of Act)

Section 2 (c) —omit, insert—

(c) to establish a framework for the operation, management and administration of Queensland Fire and Rescue and Rural Fire Service Queensland.

22 Insertion of new s 2A

After section 2 —

insert—

2A How objects are to be achieved

The objects of the Act are to be achieved by establishing processes to ensure—

(a) ongoing operational and strategic collaboration and coordination between Queensland Fire and Rescue and Rural Fire Service Queensland; and

(b) recognition of the valuable role of volunteers in supporting the delivery of fire and emergency services in the State.

23 Replacement of ch 2, hdg (Commissioner)

Chapter 2, heading—

omit, insert—

24 Insertion of new ch 2, pt 1, hdg

Chapter 2 —

insert—

25 Amendment of s 5 (Appointment of commissioner)

(1) Section 5 —insert—

(1A) A person is eligible for appointment as commissioner only if the person has—

(a) professional firefighting experience; and

(b) incident control expertise; and

(c) fire prevention expertise.

(2) Section 5 (1A) and (2) —renumber as section 5 (2) and (3).

26 Amendment of s 7A (Functions of commissioner)

(1) Section 7A (1) —omit, insert—

(1) The main functions of the commissioner are—

(a) to manage the fire services in a way that ensures each fire service performs its functions under this Act effectively and efficiently; and

(b) to make recommendations to the Minister about any matter that—

(i) relates to the performance of functions or exercise of powers by the commissioner or the fire services; or

(ii) may help the Minister in the proper administration of this Act.

(1A) Without limiting subsection (1), the commissioner also has the following functions—

(a) to decide the appropriate organisational structure of the fire services;

(b) to control and oversee the resources of the fire services;

(c) to decide the number and deployment of fire service officers and rural fire brigade members;

(d) to decide the qualifications for, and duties of, fire service officers;

(e) to be responsible for organising training and development of fire service officers and rural fire brigade members;

(f) to facilitate collaboration and coordination of the fire services for effective service delivery;

(g) to decide the dress or appearance of fire service officers and rural fire brigade members;

(h) to decide the number and location of the fire services’ facilities;

(i) to monitor the performance and management of the fire services;

(j) to report regularly to the Minister on the capability of the fire services to perform the functions of the fire services under this Act;

(k) to report to the Minister on the functions performed by the chief fire officer in each reporting period under section 7J.

(2) Section 7A (1A) and (2) —renumber as section 7A (2) and (3).

27 Insertion of new 7AA

After section 7A —

insert—

7AA Commissioner’s directions

(1) The commissioner may give a direction if the commissioner considers it necessary or convenient to give the direction to ensure the efficient and proper functioning of the fire services.

(2) A direction under subsection (1)—

(a) may be written or oral; and

(b) may apply to all or any of the following persons—

(i) the chief fire officer;

(ii) fire service officers;

(iii) rural fire brigade members.

28 Insertion of new ch 2, pts 2–4

Chapter 2 —

insert—

29 Replacement of ch 3, hdg (Queensland Fire and Emergency Service)

Chapter 3, heading—

omit, insert—

30 Amendment of ch 3, pt 1, hdg (Establishment, membership and functions)

Chapter 3, part 1, heading, ‘and functions’—

omit, insert—

, functions and powers

31 Replacement of ss 8 and 8A

Sections 8 and 8A —

omit, insert—

8 Establishment

(1) Queensland Fire and Rescue ("QFR") is established.

(2) Rural Fire Service Queensland ("RFSQ") is established.

(3) Each of QFR and RFSQ is a "fire service".

(4) QFR and RFSQ are collectively called "the fire services".

8A Membership

(1) QFR consists of the following persons—

(a) the commissioner;

(b) the deputy commissioner;

(c) fire service officers assigned to QFR by the commissioner.

(2) RFSQ consists of the following entities—

(a) the commissioner;

(b) the chief officer;

(c) fire service officers assigned to RFSQ by the commissioner;

(d) rural fire brigades;

(e) rural fire brigade members.

32 Amendment of s 8B (Functions of QFES)

(1) Section 8B, heading, ‘of QFES’—omit, insert—and powers

(2) Section 8B, ‘QFES are’—omit, insert—the fire services are

(3) Section 8B (b), ‘QFES’s’—omit, insert—the fire services’

(4) Section 8B (e), ‘to QFES’—omit, insert—to the fire services’

(5) Section 8B (f), ‘its other functions’—omit, insert—the other functions of each of the fire services

(6) Section 8B —insert—

(2) The fire services have the power to do anything necessary or convenient to be done for the performance of the functions of the fire services.
[Note: See also chapter 4 for additional functions of RFSQ.]

33 Amendment, relocation and renumbering of s 20 (Fund)

(1) Section 20 (3), ‘financial-institution’—omit, insert—financial institution

(2) Section 20 (4) (a), ‘ part 10 ’—omit, insert—division 3

(3) Section 20 (5) (b), ‘QFES’—omit, insert—the fire services

(4) Section 20 (7), definition departmental financial-institution account, ‘financial-institution’—omit, insert—financial institution

(5) Section 20 —relocate to chapter 5, part 3A, division 2, as inserted by this Act, and renumber as section 152F.

34 Replacement of s 25 (Staff of QFES)

Section 25 —omit, insert—

25 Staff

(1) The commissioner may employ the persons the commissioner considers necessary to perform the fire services’ functions.

(2) Without limiting subsection (1), the commissioner may employ the number of executive officers or senior officers as is necessary for the effective administration of the Act and the performance of the fire services’ functions.

(3) However, the commissioner may employ a person as an executive officer, or a senior officer, in QFR under this section only if the commissioner is satisfied the person has—

(a) professional firefighting experience; and

(b) incident control expertise; and

(c) fire prevention expertise.

(4) Also, the commissioner may employ a person as an executive officer in RFSQ under this section only if the commissioner is satisfied the person has—

(a) rural firefighting experience; or

(b) rural incident control expertise; or

(c) rural fire prevention expertise.

(5) In this section—

"executive officer" means a person employed in a role equivalent to that of a senior executive under the Public Sector Act 2022, section 188.

"senior officer" means a person employed in a role equivalent to that of a senior officer under the Public Sector Act 2022, schedule 2.

35 Insertion of new s 25B

After section 25A —

insert—

25B Employment on merit

(1) In considering an applicant’s ability to perform the requirements of a position for the purpose of the Public Sector Act 2022, section 45(2)(a), the person undertaking the recruitment and selection process must consider whether the applicant has the mandatory qualifications, skills or experience the commissioner considers necessary for the position (the "requisite conditions").

(2) In deciding the applicant best suited to the position under the Public Sector Act 2022, section 45(2), the person must consider the primacy of the requisite conditions over any other matter that may be considered under section 45(2)(b) of that Act.

36 Omission of ch 3, pt 4A (Emergency Services Advisory Council)

Chapter 3, part 4A —

omit.

37 Relocation and renumbering of ch 3, pt 6 (Powers of authorised fire officers)

(1) Chapter 3, part 6 —relocate to chapter 4B, as inserted by this Act, and renumber as part 1 of that chapter.

(2) Sections 52 to 60A —renumber as sections 149H to 149Z.

38 Relocation and renumbering of ch 3, pt 6A (Powers of investigation officers)

(1) Chapter 3, part 6A —relocate to chapter 4B, as inserted by this Act, and renumber as part 2 of that chapter.

(2) Sections 60B to 60Q —renumber as sections 149ZA to 149ZP.

39 Replacement of ch 3, pt 7, div 1, hdg (Powers of commissioner relating to fires)

Chapter 3, part 7, division 1, heading—

omit, insert—

40 Relocation and renumbering of ch 3, pt 7, div 1 (Powers of commissioner relating to fires)

(1) Chapter 3, part 7, division 1, as amended—relocate to chapter 4A, as inserted by this Act, and renumber as part 1 of that chapter.

(2) Sections 61 to 74 —renumber as sections 144 to 145L.

41 Amendment of s 75 (Chief fire wardens and fire wardens)

(1) Section 75 (2) —omit, insert—

(2) The commissioner may appoint a person to be a chief fire warden or fire warden (each a "relevant fire warden"), or recommend to the Governor in Council the appointment of a person as a relevant fire warden under subsection (4), only if the commissioner is satisfied the person is appropriately qualified to perform the functions and exercise the powers of a relevant fire warden.

(2A) Subject to subsection (4)—

(a) a relevant fire warden holds office for the term and on the conditions stated in the relevant fire warden’s instrument of appointment; and

(b) without limiting paragraph (a), the instrument of appointment must state the geographical area in which the relevant fire warden can perform the relevant fire warden’s functions or exercise the relevant fire warden’s powers.

(2) Section 75 (4), ‘QFES’—omit, insert—the fire services

(3) Section 75 (6), ‘ subsection (3) (b) ’—omit, insert—subsection (4)(b)

(4) Section 75 (2A) to (6) —renumber as section 75 (3) to (7).

42 Amendment of s 76 (Powers and functions)

Section 76 (2) —omit, insert—

(2) Without limiting section 7AA, the commissioner may direct a chief fire warden or fire warden—

(a) in the performance of the chief fire warden’s or fire warden’s functions; and

(b) to perform functions in addition to those conferred by this Act.

43 Replacement of s 77 (Expenses)

Section 77 —

omit, insert—

77 Resignation A chief fire warden or fire warden may, at any time, resign office as chief fire warden or fire warden by signed notice given to the commissioner.

44 Relocation and renumbering of ch 3, pt 7, div 2 (Fire wardens)

(1) Chapter 3, part 7, division 2 —relocate to chapter 4, as inserted by this Act, and renumber as part 3 of that chapter.

(2) Sections 75 to 78 —renumber as sections 131 to 134.

45 Amendment of s 79 (Formation of rural fire brigade)

(1) Section 79, heading, ‘Formation’—omit, insert—Registration

(2) Section 79 (1), ‘for registration’—omit, insert—to register an entity

(3) Section 79 (2) —insert—
[Note: If an application for registration of an entity as a rural fire brigade is granted, each person in the group who applied for registration is not necessarily a member of the rural fire brigade.]

46 Replacement of s 80 (Rural fire brigade may make rules)

Section 80 —

omit, insert—

80 Appointment of rural fire brigade members

(1) The commissioner may appoint a person as a member of a rural fire brigade.

(2) A rural fire brigade member—

(a) is appointed on the terms stated in the instrument of appointment; and

(b) may resign the appointment by signed notice given to the commissioner.

80A Rules for rural fire brigades

(1) The commissioner may make model rules for the proper management and operation of rural fire brigades.

(2) A rural fire brigade may, with the written approval of the commissioner, make a rule that is additional to the model rules.

(3) An additional rule under subsection (3) must not be inconsistent with this Act or the model rules.

(4) A rural fire brigade’s rules are the model rules and any additional rules approved by the commissioner.

(5) A rural fire brigade and the members of the rural fire brigade must comply with the rural fire brigade’s rules.

47 Amendment of s 81 (Officers of rural fire brigade)

(1) Section 81, heading, after ‘Officers’—insert—and office bearers

(2) Section 81 —insert—

(2A) A rural fire brigade may elect any member of the brigade to be the chairperson, secretary or treasurer of the brigade (each an "office bearer").

(3) Section 81 (4), after ‘office’—insert—, or is an office bearer,

(4) Section 81 (5) —omit, insert—

(5) The commissioner may do either or both of the following in relation to a person—

(a) dismiss the person from an office held with, or as an office bearer of, a rural fire brigade;

(b) disqualify the person from holding any office with, or being an office bearer of, a rural fire brigade.

(5) Section 81 (2A) to (5) —renumber as section 81 (3) to (6).

48 Amendment of s 82 (Functions of a rural fire brigade)

Section 82 (1) —omit, insert—

(1) The functions of a rural fire brigade are—

(a) to carry out fire fighting and fire prevention; and

(b) to use fire for land management; and

(c) to carry out other activities to help communities or other entities prepare for, respond to, and enhance resilience to, an event or a disaster; and

(d) to carry out activities to raise the profile of RFSQ, promote bushfire safety or raise funds to support rural fire brigades in the performance of the brigades’ other functions; and

(e) to provide services or assistance if required by any Act or the reasonable expectations of the community; and

(f) to perform any other function given to the brigade by the commissioner.

49 Insertion of new s 83A

After section 83 —insert—

83A Appointment of person in charge of operations

(1) The commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, if the commissioner considers it appropriate and necessary in the circumstances.

(2) However, the commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire under subsection (1) in an area for which a rural fire brigade is in charge of fire fighting and fire prevention under section 138(2) only if there is no first officer for the rural fire brigade, within the meaning of section 140(4), who is available for controlling or extinguishing the fire.

(3) The appointment under subsection (1) may be—

(a) written or oral; and

(b) for the duration of an event or for a stated or indefinite period.

(4) The appointment of a person as the person in charge of operations ends—

(a) for an appointment for the duration of an event—at the end of the event; or

(b) for an appointment for a stated period—at the end of the stated period; or

(c) for an appointment for an indefinite period—when the commissioner gives the person notice that the appointment has ended.

(5) Despite subsection (4), the appointment of a person as the person in charge of operations ends if the commissioner gives the person notice that the appointment has ended.

(6) The person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, has the powers of the first officer of a rural fire brigade under section 140(1)(a) and (b).

(7) Section 140(2) applies to the person in charge of operations as if a reference in the subsection to the first officer of a rural fire brigade were a reference to the person in charge of operations.

(8) Any person performing a function or exercising a power under this section must comply with—

(a) any relevant code of practice; and

(b) any direction given by the commissioner.

50 Omission of s 85 (Commissioner’s role relating to rural fire brigades)

Section 85 —

omit.

51 Relocation and renumbering of ch 3, pt 7, div 3 (Rural fire brigades)

(1) Chapter 3, part 7, division 3 —relocate to chapter 4, as inserted by this Act, and renumber as part 4 of that chapter.

(2) Sections 79 to 86 —renumber as sections 135 to 143.

52 Relocation and renumbering of ch 3, pt 8 (Fire emergency)

(1) Chapter 3, part 8 —relocate to chapter 4A, as inserted by this Act, and renumber as part 2 of that chapter.

(2) Sections 86A to 93 —renumber as sections 145M to 145Z.

53 Relocation and renumbering of ch 3, pt 9 (Off-site plans for dangerous goods)

(1) Chapter 3, part 9 —relocate to chapter 4A, as inserted by this Act, and renumber as part 3 of that chapter.

(2) Sections 95 to 104 —renumber as sections 146 to 146I.

54 Insertion of new ch 3, pt 9A, div 5B

Chapter 3, part 9A —

insert—

55 Amendment of s 104S (Regulations relating to this part)

(1) Section 104S, after ‘with respect to’—insert—any of the following

(2) Section 104S (a) and (d) (i), after ‘building’—insert—or in a hazardous materials emergency

(3) Section 104S (d) (ii), from ‘fire or’—omit, insert—fire or in a hazardous materials emergency or to take specified action in the event of fire threatening a building or in a hazardous materials emergency;

(4) Section 104S (f), after ‘generally’—insert—or hazardous materials emergencies

(5) Section 104S (g), after ‘building’—insert—or in a hazardous materials emergency

56 Relocation and renumbering of ch 3, pt 9A (Building fire safety)

(1) Chapter 3, part 9A —relocate to chapter 4A, as inserted by this Act, and renumber as part 4 of that chapter.

(2) Sections 104A to 104S —renumber as sections 146J to 148P.

57 Relocation and renumbering of ch 3, pt 9B (Review of notices)

(1) Chapter 3, part 9B —relocate to chapter 4A, as inserted by this Act, and renumber as part 5 of that chapter.

(2) Sections 104SB to 104SK —renumber as sections 148Q to 148W.

58 Relocation and renumbering of ch 3, pt 10, div 1 (Interpretation)

(1) Chapter 3, part 10, division 1 —relocate to chapter 5, part 3A, as inserted by this Act, and renumber as division 1 of that part.

(2) Section 105 —renumber as section 152E.

59 Amendment of s 107 (Liability to contribute)

(1) Section 107 (1), (2), (3) and (5), ‘part’—omit, insert—division

(2) Section 107 (1) (b), ‘ section 20 (5) (b) ’—omit, insert—section 152F(5)(b)

(3) Section 107 (3), ‘ section 105 (1) ’—omit, insert—section 152E(1)

(4) Section 107 (5), ‘fire services’—omit, insert—a service consistent with the objects of this Act

60 Relocation and renumbering of ch 3, pt 10, divs 2 and 3

(1) Chapter 3, part 10, divisions 2 and 3 —relocate to chapter 5, part 3A, as inserted by this Act, and renumber as divisions 3 and 4 of that part.

(2) Sections 106 to 128A —renumber as sections 152G to 152ZD.

61 Relocation and renumbering of ch 3, pt 11 (Charges for services)

(1) Chapter 3, part 11 —relocate to chapter 4A, as inserted by this Act, and renumber as part 6 of that chapter.

(2) Sections 128B to 128L —renumber as sections 148X to 149G.

62 Insertion of new ch 4

After section 128L —

insert—

63 Insertion of new ch 4A, hdg

After section 143, as renumbered by this Act—

insert—

64 Insertion of new ch 4B, hdg

After section 149G, as renumbered by this Act—

insert—

65 Amendment of s 150B (False calls)

(1) Section 150B (1) (a), ‘QFES’—omit, insert—QFR or RFSQ

(2) Section 150B (1) (b), after ‘fire’—insert—or of a hazardous materials emergency

(3) Section 150B (2), example, ‘QFES’—omit, insert—QFR or RFSQ

(4) Section 150B (4), definition fire and emergency service, ‘QFES’—omit, insert—QFR or RFSQ

(5) Section 150B (4), note—omit.

66 Amendment of s 150G (Impersonating officer or member)

(1) Section 150G (1) —insert—

(c) a fire officer; or

(d) an authorised fire officer; or

(e) an investigation officer.

(2) Section 150G (2) —omit.

67 Replacement of s 150H (Using restricted expressions)

Section 150H —omit, insert—

150H Using restricted expressions etc.

(1) A person must not, unless the person has a reasonable excuse—

(a) use a restricted expression without the commissioner’s written approval or in contravention of a condition imposed on the approval—

(i) in, or as, the name of a business carried on by the person; or

(ii) to advertise or otherwise promote goods or services provided by the person; or

(iii) to raise funds, whether for the fire services or another entity; or

(b) use the expression ‘Queensland Fire and Rescue’, ‘Rural Fire Service Queensland’, ‘QFR’ or ‘RFSQ’, or a similar expression, in a way that suggests the person is a fire service officer if the person is not a fire service officer; or

(c) use the expression ‘rural fire brigade’, or a similar expression, in a way that suggests the person is a rural fire brigade member if the person is not a rural fire brigade member.

[Note: Maximum penalty—40 penalty units.]

(2) An approval to use a restricted expression may be—

(a) given on conditions the commissioner considers appropriate; and

(b) amended, suspended or cancelled by the commissioner.

(3) In this section—

"restricted expression" means any of the following expressions—

(a) ‘Queensland Fire and Rescue’;

(b) ‘Rural Fire Service Queensland’;

(c) ‘QFR’;

(d) ‘RFSQ’;

(e) ‘rural fire brigade’;

(f) a similar expression to an expression mentioned in paragraph (a) to (e);

(g) another expression that includes an expression mentioned in paragraph (a) to (e).

68 Amendment of s 151I (Appointments and authority)

(1) Section 151I (1) —insert—

(aa) the chief fire officer;

(ab) the deputy commissioner;

(ac) the chief officer;

(2) Section 151I (1) —insert—

(ea) a rural fire brigade member;

(3) Section 151I (1) (aa) to (g) —renumber as section 151I (1) (b) to (k).

(4) Section 151I (2), note—omit.

69 Amendment of s 152B (Use of unregistered vehicle on road by rural fire brigade)

(1) Section 152B, heading, ‘by rural fire brigade’—omit.

(2) Section 152B (1) (a) —omit, insert—

(a) an unregistered vehicle (the "vehicle") is being used on a road—

(i) by a rural fire brigade or a fire service officer assigned to RFSQ—

(A) for carrying persons or equipment for the purpose of preventing, controlling or extinguishing a fire; or

(B) for the purpose of training relating to fire fighting or fire prevention; or

(C) for another purpose authorised in writing by the commissioner; or

(ii) by a person, and for a purpose, prescribed by regulation for this subparagraph; and

(3) Section 152B —insert—

(1A) A regulation under subsection (1)(a)(ii) may specify the types of unregistered vehicles that the person may use on the road for a prescribed purpose.

(4) Section 152B (2), note—omit.

(5) Section 152B (1A) and (2) —renumber as section 152B (2) and (3).

70 Amendment of s 152D (Interstate assistance at QFES incident)

(1) Section 152D, heading, ‘QFES incident’—omit, insert—fire services incident

(2) Section 152D (1) (b), (2) (a) and (3), ‘QFES incident’—omit, insert—fire services incident

(3) Section 152D (4), definition person in charge, ‘QFES incident’—omit, insert—fire services incident

(4) Section 152D (4), definition QFES incident —omit.

(5) Section 152D (4) —insert—

"fire services incident" means an incident for which the fire services are performing a function mentioned in section 8B or 129.

71 Insertion of new ch 5, pt 3A, hdg

Chapter 5 —

insert—

72 Insertion of new ch 5, pt 3A, div 2, hdg

Chapter 5, part 3A, as inserted by this Act—

insert—

73 Amendment of s 154E (Regulation-making power)

(1) Section 154E (2), ‘Without limiting subsection (1), a regulation’—omit, insert—A regulation

(2) Section 154E (2) —insert—

(aa) matters relating to the management and administration of the fire services;

(3) Section 154E (2) (aa) to (f) —renumber as section 154E (2) (b) to (g).

74 Replacement of ch 5, pt 5, hdg (Savings and transitional provisions)

Chapter 5, part 5, heading—

omit, insert—

75 Omission of ch 5, pt 5, divs 1–7

Chapter 5, part 5, divisions 1 to 7 —

omit.

76 Replacement of ch 5, pt 5, div 8, hdg (Transitional provisions for Crime and Corruption and Other Legislation Amendment Act 2018)

Chapter 5, part 5, division 8, heading—

omit, insert—

77 Replacement of ch 5, pt 5, div 9, hdg and ch 5, pt 5, div 9, sdiv 1, hdg

Chapter 5, part 5, division 9, heading and chapter 5, part 5, division 9, subdivision 1, heading—

omit, insert—

78 Replacement of ch 5, pt 5, div 9, sdiv 2, hdg (Amendments commencing by proclamation)

Chapter 5, part 5, division 9, subdivision 2, heading—

omit, insert—

79 Replacement of ch 5, pt 5, div 10, hdg (Transitional provisions for Public Sector Act 2022)

Chapter 5, part 5, division 10, heading—

omit, insert—

80 Amendment of ss 211 and 212

Sections 211 and 212, ‘division’—

omit, insert—

part

81 Insertion of new ch 6, pt 4

Chapter 6, as inserted by this Act—insert—

Part 4–Transitional provisions for Disaster Management and Other Legislation Amendment Act 2024

221 Definitions for part In this part—

"amending Act" means the Disaster Management and Other Legislation Amendment Act 2024.

"previous", in relation to a provision of this Act, means the provision as in force immediately before the commencement.

222 Eligibility requirements for existing commissioner

(1) Previous section 5 continues to apply to the existing commissioner, while the existing commissioner remains in office, as if this Act had not been amended by the amending Act.

(2) In this section—

"existing commissioner" means the person who was in office as the commissioner immediately before the commencement.

223 Deputy commissioner

(1) This section applies to the person appointed as the deputy commissioner if the person was employed in an equivalent role under this Act immediately before the commencement on a contract of employment (the "current contract of employment").

(2) The person continues to be employed under this Act on the same terms of appointment that applied to the person immediately before the commencement.

(3) Section 7K(2) does not apply to the person until the person’s current contract of employment ends.

224 Chief officer

(1) This section applies to the person appointed as the chief officer if the person was employed in an equivalent role under this Act immediately before the commencement on a contract of employment (the "current contract of employment").

(2) The person continues to be employed under this Act on the same terms of appointment that applied to the person immediately before the commencement.

(3) Section 7Q(2) does not apply to the person until the person’s current contract of employment ends.

225 Continued application of previous s 25 in particular circumstances

(1) This section applies to a person employed under this Act immediately before the commencement in a role equivalent to that of a senior executive under the Public Sector Act 2022, section 188.

(2) Previous section 25 continues to apply to the person while the person is employed in that role under the person’s contract of employment in effect on the commencement as if this Act had not been amended by the amending Act.

226 Existing chief fire wardens and fire wardens

(1) This section applies to a person who holds office as a chief fire warden or fire warden immediately before the commencement.

(2) The person continues to hold office as chief fire warden or fire warden for the term and on the conditions stated in the person’s instrument of appointment.

(3) Subsection (2) does not affect the power of the commissioner under this Act to change the person’s term or conditions of appointment.

(4) If the commissioner changes the person’s term or conditions of appointment by amending the person’s instrument of appointment, section 131(3) applies to the person as if a reference in section 131(3) to the instrument of appointment were a reference to the amended instrument of appointment.

227 Existing rural fire brigades

A rural fire brigade in existence immediately before the commencement continues as a rural fire brigade and is a part of RFSQ.

228 Existing members of rural fire brigades

(1) This section applies to a person who was a member of a rural fire brigade immediately before the commencement.

(2) On the commencement, the person is taken to have been appointed under section 136 as a member of the rural fire brigade.

229 Existing rules for rural fire brigades

(1) This section applies if a rural fire brigade has made rules under previous section 80.

(2) The rules continue to have effect until the first of the following happens—

(a) the rural fire brigade adopts the model rules;

(b) the rural fire brigade amends the model rules to add any additional rules under section 137(3);

(c) the day that is 6 months after the commencement.

(3) If the rural fire brigade fails to adopt or amend the model rules by the day that is 6 months after the commencement, the brigade is taken to have adopted the model rules on that day.

230 Particular elected officers of rural fire brigade continue in office

(1) This section applies if a rural fire brigade elected an officer under previous section 81(2) to be the chairperson, secretary or treasurer of the brigade (however the office is called) and the officer holds the office immediately before the commencement.

(2) On the commencement, the person is taken to have been elected under section 138(3) to hold the equivalent office for the rural fire brigade.

231 Delayed commencement in relation to prohibition on particular use of restricted expressions

(1) On the commencement, section 150H(1)(a) does not apply to the use of a restricted expression mentioned in subsection (3) of that section.

(2) However, section 150H(1)(a) starts applying to the use of a restricted expression on the day that is 1 year after the commencement.

(3) In this section—

"restricted expression" see section 150H(3).

232 Continued application of applicable transitional provisions

(1) An applicable transitional provision continues to apply despite its repeal by the amending Act.

(2) This section does not limit the Acts Interpretation Act 1954, section 20.

(3) In this section—

"applicable transitional provision" means any of the following provisions—

(a) previous section 155;

(b) previous section 159;

(c) previous section 172;

(d) previous section 177;

(e) previous section 202.

233 References to former QFES

A reference in an Act or a document to QFES, whether it is referred to as QFES or Queensland Fire and Emergency Services, may, if the context permits, be taken to be a reference to QFR, RFSQ or the fire services.

82 Amendment of sch 5 (Uses of buildings)

Schedule 5 —

renumber as schedule 1.

83 Amendment of sch 6 (Dictionary)

(1) Schedule 6, definitions "building", "fire service officer", "manufacturer’s instructions", "operates when tested" and "" "QFES" —omit.

(2) Schedule 6 —insert—

"building" —

(a) generally, includes any bridge, dam, fence, jetty, reservoir, wall, wharf or other structure, whether temporary or permanent; and

(b) for chapter 4A, part 4 (other than division 5A) and schedule 1, see section 146J.

"bushfire" means an unplanned burning of vegetation, including a grass fire and a fire that has broken out in a forest or scrub.

"caravan", for chapter 4A, part 4, division 5B, see section 148L.

"chief fire officer" means the person appointed by the commissioner as the chief fire officer under section 7C.

"chief fire warden" means a person appointed by the commissioner as a chief fire warden under section 131.

"chief officer" means the person appointed by the commissioner as the chief officer under section 7Q.

"deputy commissioner" means the person appointed by the commissioner as the deputy commissioner under section 7K.

"direction" includes a doctrine, policy and procedure.

"disaster" see the Disaster Management Act 2003, section 13.

"fire prevention expertise" means significant knowledge of and practical experience in fire prevention, including in relation to—

(a) building fire safety; and

(b) community education and enforcement; and

(c) mitigation and prevention strategies in the built environment and rural environments that are susceptible to bushfires.

"fire service" see section 8(3).

"fire service officer" —

(a) means a person employed under section 25; and

(b) includes the deputy commissioner and chief officer.

"fire warden" means a person appointed by the commissioner as a fire warden under section 131.

"incident control expertise" means significant knowledge of and practical experience in the control of—

(a) incidents of large-scale structural fires and bushfires; and

(b) incidents involving hazardous materials; and

(c) specialist and technical rescues; and

(d) responses to disasters.

"large-scale structural fire" means a fire that threatens the structural integrity of a commercial or industrial building or hazard storage facility.

"manufacturer’s instructions", for a smoke alarm, means the instructions from the manufacturer, packaged with the alarm, dealing with the operation, testing and maintenance of the alarm.

"motorised caravan", for chapter 4A, part 4, division 5B, see section 148L.

"operates when tested", for a smoke alarm—

(a) for chapter 4A, part 4, division 5A—see section 147X; or

(b) for chapter 4A, part 4, division 5B—see section 148M.

"professional firefighting experience" means significant knowledge of and practical experience in each of the following, obtained by employment as a firefighter in QFR or a fire service (however called) in another State or New Zealand that is equivalent to QFR—

(a) responding to, combating and managing structural fires, bushfires, and incidents involving hazardous materials;

(b) carrying out specialist and technical rescues;

(c) responding to and managing disasters.

"QFR" see section 8(1).

"RFSQ" see section 8(2).

"rural fire brigade" means an entity registered as a rural fire brigade under section 135.

"rural fire brigade member" means a person appointed as a member of a rural fire brigade under section 136.

"rural firefighting experience" means significant knowledge of and practical experience in responding to, combating and managing bushfires.

"rural fire prevention expertise" means significant knowledge of and practical experience in mitigation and prevention of bushfires in rural environments that are susceptible to bushfires, including in relation to—

(a) land management practices; and

(b) community education and engagement.

"rural incident control expertise" means significant knowledge of and practical experience in the control of bushfires and disaster-related events.

"structural fire" means a fire that threatens the structural integrity of a building.

"the fire services" see section 8(4).

(3) Schedule 6, definition fire officer, ‘in the service’—omit, insert—under this Act

(4) Schedule 6 —renumber as schedule 2.

84 Regulation amended

This part amends the Fire and Emergency Services Regulation 2011.

85 Insertion of new pt 2A

After part 2 —

insert—

86 Act amended

This part amends the Queensland Reconstruction Authority Act 2011.

87 Amendment of s 10 (Authority’s functions)

(1) Section 10 (1) (a), before subparagraph (i) —insert—

(ia) carrying out risk assessments of potential disasters; and

(2) Section 10 (1) (a) (ia) to (iii)—renumber as section 10 (1) (a) (i) to (iv).

(3) Section 10 (1) (e), before ‘coordinate’—insert—administer,

88 Replacement of s 36 (Quorum)

Section 36 —

omit, insert—

36 Quorum A quorum for a meeting of the board is a majority of the board members for the time being.

89 Amendment of s 132 (Delegations)

Section 132 (1) —

omit, insert—

(1) The chief executive officer may delegate the officer’s functions under this Act to any of the following persons who is appropriately qualified—

(a) a person appointed under section 24;

(b) a person employed by the authority under section 26;

(c) a person whose services are made available to the authority under section 27(1);

(d) a senior executive under the Public Sector Act 2022.

90 Regulation amended

This part amends the State Penalties Enforcement Regulation 2014.

91 Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

(1) Schedule 1, entry for Fire and Emergency Services Act 1990 —insert—

s 148N(2)

2

2

(2) Schedule 1, entry for Fire and Emergency Services Act 1990, section 150B (1) (a), ‘rescue’—omit, insert—emergency

(3) Schedule 1, entry for Fire and Emergency Services Act 1990, section 150B (1) (b), ‘of a fire’—omit, insert—of fire or of a hazardous materials emergency

92 Legislation amended

Schedule 1 amends the legislation it mentions.