Fire Service Amendment Act 1990

1: Short Title and commencement
1: This Act may be cited as the Fire Service Amendment Act 1990, and shall be read together with and deemed part of the Fire Service Act 1975
2: Except as provided in sections 28(3) 31(3) 32(3) 33(4) 39(3)
2: Interpretation
1:
2: The following enactments are hereby consequentially repealed:
a: Subsections (1) and (2) of section 2 of the Fire Service Amendment Act 1978
b: Section 2(4) of the Fire Service Amendment Act 1979
c: Subsections (1) to (4) Fire Service Amendment Act 1986
d: Section 2 of the Fire Service Amendment Act (No 4) 1987
e: Section 2 of the Fire Service Amendment Act 1988
3:
4:
5: Members of Commission
1:
2: The Fire Service Amendment Act 1979 section 2(1) and (2)
6:
7:
8: Deputies of members
1:
2: Section 3 of the Fire Service Amendment Act 1979
9:
10:
11:
12:
13:
14: Co-ordination schemes
1:
2: The following enactments are hereby consequentially repealed:
a: Section 6 of the Fire Service Amendment Act 1978
b:
15:
16:
17:
18:
19: Chief Fire Officer
1:
2: Section 7 of the Fire Service Amendment Act 1978
20:
21:
22:
23:
24: Use of water in mains for fire protection, fire fighting, and hazardous substance emergency purposes
1:
2:
3: The Fire Service Amendment Act 1978 section 9(c) and (d)
25:
26:
27:
28: Expenditure of Commission
1: This subsection amended s 44(3)
2: The Fire Service Amendment Act 1978 section 14(2)
3: This section shall come into force on the 1st day of July 1991.
29: Commission to submit financial forecasts and estimates to Minister
1: This subsection substituted s 45
2: Section 15 of the Fire Service Amendment Act 1978 section 2(7) Fire Service Amendment Act 1986
30:
31: New sections substituted
1:
2: Section 4 Fire Service Amendment Act 1986
3: This section shall be deemed to have come into force on the 1st day of October 1990. Subsection (1) repealed 1 July 1998 3(2)﻿(b) Fire Service Amendment Act 1998
32: Income of Commission
1:
2: The following enactments are hereby consequentially repealed:
a: Section 47A(1)﻿(c) section 6 Fire Service Amendment Act 1986
b: Section 5 Fire Service Amendment Act 1986
c: The Fire Service Amendment Act (No 3) 1987
3: This section shall come into force on the 1st day of July 1991. Subsection (1) repealed 1 July 1998 3(2)﻿(b) Fire Service Amendment Act 1998
33: Appropriation by Parliament
1: This subsection substituted a new subsection for subsection (2)
2: Notwithstanding anything in section 47A
3: The additional amount payable under subsection (2)
4: This section shall be deemed to have come into force on the 1st day of April 1989.
34: Subsection (3) repealed 2 July 2001 149 Hazardous Substances and New Organisms Act 1996 See Parts 11 to 16 sections 151 to 259 See clause 2 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001
35: Levy
1: This subsection substituted s 48(2) s 48(2A)
2: Subject to subsection (3) Gazette section 48 subsection (1)
3: The Governor-General may, by Order in Council made under section 48(2) subsection (1) Gazette
36:
37:
38:
39:
40:
41: New sections substituted
1:
2: Section 20 of the Fire Service Amendment Act 1978
3: The Fire Service (Volunteer Fire Brigade Members' Gratuities) Order 1988 (SR 1988/86)
42: Reserve Fund
1:
2: The Fire Service Amendment Act 1978 section 22
43:
44:
45: Power to dispose of property
1:
2: The Fire Service Amendment Act 1978 section 23
46:
47:
48:
49: Appointments to vacancies
1:
2: The Fire Service Amendment Act (No 4) 1987 section 3
50:
51:
52: Repeals
1:
2: The following enactments are hereby consequentially repealed:
a: Section 24 of the Fire Service Amendment Act 1978
b: Section 4 of the Fire Service Amendment Act (No 4) 1987
53:
54:
55:
56: Repeals
1:
2: Section 25 of the Fire Service Amendment Act 1978
57:
58: Repeals
1:
2: Sections 26 and 27 of the Fire Service Amendment Act 1978
59:
60:
61:
62:
63:
64:
65: Repeal and saving
1: Section 5 of the Fire Service Amendment Act 1978
2: The Fire Service Amendment Act (No 4) 1987
3: Notwithstanding anything in this Act if, immediately before the commencement of this section, an appeal under any of the sections repealed or amended by this Act was pending or if there is a right for such appeal, the provisions of the principal Act, so far as they are applicable, shall continue to apply to that appeal as if those sections had not been repealed or amended.
66:
67: Transitional provision in relation to financial year
Notwithstanding anything in the principal Act or in any other provision of this Act, the period of 15 months beginning on the 1st day of April 1990 and ending with the close of the 30th day of June 1991 shall be deemed, for the purposes of the principal Act and of any other Act applying in relation to the Commission, to be a financial year of the Commission.
68: Transitional provisions in relation to applications for grants from Rural Fire Fighting Fund
1: Where, at the commencement of this section, a determination under section 46C(1) section 46B
a: Whether the application should be approved; and
b: Where the National Rural Fire Authority determines that the application should be approved, whether the approval should be for the whole or part of the amount stated in the application.
2: Notwithstanding the repeal by this Act of section 46A subsections (3) to (5) subsections (1) to (4)
3: The National Fire Authority shall determine—
a: Whether any application made pursuant to subsection (2)
b: Where the National Rural Fire Authority determines that an application made pursuant to subsection (2)
4: The National Rural Fire Authority in making its determination under subsection (1) (3)
5: Any determination under subsection (1) (3)
69: Transitional provision in relation to grants from Rural Fire Fighting Fund
Where—
a: The Minister has, before the commencement of this section, made, under section 46C(1)
b: The National Rural Fire Authority has, under section 68(1) 68(3) the National Rural Fire Authority shall cause the amount of the grant to be paid from the Rural Fire Fighting Fund in accordance with the terms and conditions contained in the determination (including any conditions requiring the grant to be paid by instalments), and shall, where necessary, complete the payment of any further instalments required by a determination made before the commencement of this section.
70: Transitional provision in relation to National Rural Fire Officer
Where, before the commencement of this section, the Commission has, pursuant to a directive from the Minister under section 14(2)﻿(h) Forest and Rural Fires Act 1977 section 17W section 15
71: Validation
Any action taken under the principal Act in the period beginning with the 1st day of October 1990 and ending with the close of the 31st day of December 1990 which would have been valid if the provisions of this Act and of the Forest and Rural Fires Amendment Act 1990