Nos 3682 s. 3, 5040 s. 18, 5217 s. 2. S. 3 amended by No. 8019 s. 2(a). 3 Definitions s. 3 (1) In this Act unless inconsistent with the context or subject-matter— S. 3(1) def. of applicable work program inserted by No. 73/2010 s. 53. applicable work program means a work program (within the meaning of the Fire Services Commissioner Act 2010) that applies to the Board; S. 3(1) def. of Australian Fire Brigades Charges Scheme inserted by No. 51/2005 s. 67(1). Australian Fire Brigades Charges Scheme means the Scheme in operation from 1 April 1982 providing the procedure for reimbursement of Fire Brigade Charges established by the 1982 Agreement between the "Participating Underwriters" and the "Subscribing Brokers" as defined in that Agreement; S. 3(1) def. of Board substituted by No. 24/1997 s. 17(1). Board means the Metropolitan Fire and Emergency Services Board; S. 3(1) def. of brigade repealed by No. 24/1997 s. 17(2). * * * * * S. 3(1) def. of chief fire officer amended by No. 7926 s. 5(c), substituted by No. 24/1997 s. 17(3). Chief Officer means the Chief Officer of the Metropolitan Fire and Emergency Services; S. 3(1) def. of emergency inserted by No. 24/1997 s. 17(4), substituted by No. 5/2012 s. 60(a). emergency has the same meaning as in section 4(1) of the Emergency Management Act 1986;
S. 3(1) def. of incident management operating procedures inserted by No. 73/2010 s. 53. incident management operating procedures has the same meaning as in the Fire Services Commissioner Act 2010; S. 3(1) def. of insurance against fire inserted by No. 7885 s. 3(a). insurance against fire means insurance against the risk of fire or the risk of loss of profits consequent on fire whether the insurance is associated with insurance against any other risk or not and insured against fire and insuring against fire have corresponding interpretations; S. 3(1) def. of insurance company substituted by Nos 7885 s. 3(b), 5/1991 s. 4(1), amended by No. 51/2005 s. 67(2). s. 3 insurance company means— (a) a person (including a body corporate or unincorporate, a partnership or an underwriter) who, in Victoria, issues, or undertakes liability under, policies of insurance against fire in respect of property in ; or (b) a Lloyd's underwriter who— (i) issues, or undertakes liability under, policies of insurance against fire in respect of property in ; and (ii) is a member of the Australian Fire Brigades Charges Scheme and makes payments to the Fund established under that Scheme;
S. 7A inserted by No. 7926 s. 4(1), renumbered as s. 7B by No. 9019 s. 2(1)(Sch. item 166), repealed by No. 24/1997 s. 19, new s. 7B inserted by No. 73/2010 s. 55. 7B Compliance with incident management operating procedures The Board must comply with any incident management operating procedures. S. 8 repealed by No. 7926 s. 3, new s. 8 inserted by No. 7926 s. 4(1), amended by Nos 8165 s. 9, 42/1995 s. 224(Sch. 2 item 25), substituted by No. 24/1997 s. 19. 8 Accountability of Board (1) The Board is subject to the general direction and control of the Minister in the performance of its functions and the exercise of its powers. (2) The Minister may from time to time give written directions to the Board. S. 8A inserted by No. 10043 s. 5, repealed by No. 24/1997 s. 19. * * * * * S. 9 repealed by No. 7926 s. 3, new s. 9 inserted by No. 7926 s. 4(1), amended by Nos 10149 s. 24(2), 45/1986 s. 12, 43/1987 s. 3(1)(b), substituted by No. 24/1997 s. 19. 9 Constitution of the Board s. 7B (1) The Board consists of up to 7 members appointed by the Governor in Council. (2) One of the members is to be appointed as President of the Board.
S. 12 repealed by No. 7926 s. 3, new s. 12 inserted by No. 7926 s. 4(1), substituted by No. 24/1997 s. 19, amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 133.1), 80/2006 s. 26(Sch. item 70.1). 12 Application of Public Administration Act 2004 The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Board in respect of the office of member. S. 13 repealed by No. 7926 s. 3, new s. 13 inserted by No. 7926 s. 4(1), amended by No. 9599 s. 2, substituted by No. 24/1997 s. 19. 13 Vacancies s. 12 (1) A member of the Board may resign from membership by letter signed by the member and delivered to the Minister. S. 13(1A) inserted by No. 5/2012 s. 66. (1A) A resignation under subsection (1) takes effect— (a) on the date specified in the letter; or (b) if no date is specified in the letter—on the day the letter is received by the Minister. (2) The office of a member of the Board becomes vacant if the member— (a) without the approval of the Board, fails to attend 3 consecutive meetings of the Board; or (b) becomes bankrupt; or
General powers and duties of Board Nos 3682 s. 28, 5040 s. 18. 24 Power to purchase and sell property s. 24 S. 24(1) amended by No. 50/1989 s. 28. (1) The Board may purchase take on lease or otherwise acquire stations for appliances and the accommodation of fire-fighters and any other buildings, land, apparatus, plant or other property as the Board thinks requisite for carrying into effect the purposes of this Act, and may from time to time sell or exchange or let any property acquired by or vested in it for the purposes of this Act. (2) All moneys resulting from the sale exchange or letting of any property by the Board shall be applied in the purchase of property for the Board or the improvement of the property of the Board. S. 24A inserted by No. 45/1986 s. 13. 24A Power to acquire land S. 24A(1) amended by No. 5/2012 s. 68. (1) In addition to its powers under section 24, the Board may acquire compulsorily any land which is required for the purposes of this Act. S. 24A(2) substituted by No. 121/1986 s. 112. (2) The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose— (a) the Metropolitan Fire Brigades Act 1958 is the special Act; and S. 24A(2)(b) substituted by No. 24/1997 s. 21. (b) the Metropolitan Fire and Emergency Services Board is the Authority.
Nos 3682 s. 34, 5040 s. 18, 5316 s. 4(1). S. 29 amended by Nos 8019 s. 4, 9599 s. 3(a), substituted by No. 24/1997 s. 28. 29 Acting Chief Executive Officer (1) The Board must appoint a person to be the Acting Chief Executive Officer of the Board— (a) while the office of Chief Executive Officer is vacant; or (b) during any period when the Chief Executive Officer is unable, by reason of illness or absence, to perform the functions of that office. (2) The Acting Chief Executive Officer has all the powers and functions and may perform the duties of the Chief Executive Officer while he or she is acting, including any power, function or duty as Chief Officer. Nos 3682 s. 35, 5040 s. 18. S. 30 amended by Nos 7926 ss 5(c), 7, substituted by No. 24/1997 s. 28. 30 Delegation of powers of Chief Executive Officer s. 29 The Chief Executive Officer may, by instrument, delegate to any person by name or to the holder of an office or position approved by the Board, any responsibility, power, authority, duty or function conferred on the Chief Executive Officer under this Act or the regulations, except this power of delegation. Nos 3682 s. 36, 5040 s. 18. S. 31 amended by Nos 7926 s. 5(c), 10149 s. 23(1)(a)(b) (c)(i)(ii), substituted by No. 24/1997 s. 28. 31 Chief Officer (1) There is to be an officer to be called the Chief Officer of the Metropolitan Fire and Emergency Services. S. 31(2) repealed by No. 5/2012 s. 72. * * * * *
S. 44A inserted by No. 7885 s. 8, amended by Nos 9928 s. 9(2)(3), 43/1987 s. 14(2)(d)(i)(ii), 50/1989 s. 34(a)(b), substituted by No. 91/1989 s. 5(3). 44A Contributions by owners and brokers s. 44A S. 44A(1) amended by No. 5/1991 s. 4(2). (1) This section applies if property in the metropolitan district is insured against fire with a person carrying on a business of insurance against fire, not being an insurance company required to make a return under section 40. S. 44A(2) substituted by Nos 5/1991 s. 4(3), 51/2005 s. 71. (2) If this section applies, within 14 days after the owner of the property insured has paid the premium— (a) the insurance intermediary through whom the insurance is arranged; or (b) if the insurance is not arranged through an insurance intermediary or is arranged through an insurance intermediary who does not carry on business in Victoria, the owner of the property insured— must lodge with the Board a return in the prescribed form showing the portion of the total amount of the premium paid to the insurance intermediary or insurance company as is properly attributable to insurance against fire. 10 penalty units and an additional penalty of double the amount that would have been payable under subsection (3) if subsection (3) had been complied with.
S. 44A(3) amended by No. 5/1991 s. 4(4)(5), substituted by No. 51/2005 s. 71. (3) The insurance intermediary or owner of the property insured must within 14 days after the owner of the property insured has paid the premium pay to the Board as a contribution an amount equal to together with an amount equal to one per cent of the portion of the premium shown in the return lodged under subsection (2). 10 penalty units and an additional penalty of double the amount that would have been payable under this subsection if this subsection had been complied with. S. 44A(3A) inserted by No. 51/2005 s. 71. (3A) If the return under subsection (2) is lodged by an insurance intermediary, the gross premiums shown in the return must— s. 44A (a) include any commissions or discounts; (b) include a notional premium for deductibles of $10 000 or more calculated in accordance with the prescribed formula; (c) exclude any amounts received or due to the insurance company in respect of reinsurance contracts or agreements. S. 44A(3B) inserted by No. 51/2005 s. 71. (3B) If subsection (3A)(b) applies, the return must include the prescribed details in the manner and form prescribed for the purposes of this subsection. S. 44A(3C) inserted by No. 51/2005 s. 71. (3C) For the purposes of this section, the return must include as a discount any reduction in gross premiums as a result of the use of net rating in relevant policies of insurance against fire issued by the insurance intermediary. S. 44A(3D) inserted by No. 51/2005 s. 71. (3D) In subsection (3C), net rating means any practice or device adopted by an insurance company involving the waiving of commission or brokerage by an insurance intermediary which has the effect
(a) in the exercise of a power or the discharge of a duty under section 32B, 32C, 55, 55A, 55B, 55C, 55D or 55E; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under that section. Nos 3682 s. 57, 5040 s. 18. S. 55 amended by No. 10043 s. 9(b), substituted by No. 50/1989 s. 44(7). 55 Board is a protection agency The Board is a protection agency for the purposes of section 66 of the Environment Protection Act 1970. S. 55A inserted by No. 50/1989 s. 44(7). 55A Board may provide rescue and extrication services The Board may provide a rescue and extrication service for any person or property endangered as the result of an accident or explosion (other than a road accident) which does not involve the risk or existence of a fire. S. 55B inserted by No. 50/1989 s. 44(7) (as amended by No. 91/1989 s. 7(d)). 55B Board may provide road accident rescue service (1) The Board may provide a road accident rescue service for persons involved in road accidents. (2) The Board may charge for the provision of services under subsection (1) in accordance with the regulations. S. 55C inserted by No. 50/1989 s. 44(7). 55C Board may provide protection services (1) The Board may enter into an agreement with any person to provide any other property protection or loss mitigation service for the prevention of or to deal with the effects of any emergency or hazard. (2) The Board may charge for the provision of services under subsection (1) in accordance with the regulations.
Nos 3682 s. 61, 5040 s. 18. S. 59 amended by Nos 9727 s. 5, 24/1997 s. 43. 59 Rights to water s. 59 The Board, its operational staff and any unit registered under this Act shall have the use of all water mains water plugs valves pipes vested in or belonging to the Melbourne and Metropolitan Board of Works or any public or municipal corporation or local body whatsoever and of all water therein or in any well or tank free of charge for the purpose of extinguishing any fire or for the purpose of drills competitions and practice conducted under the authority of the Board. S. 60 (Heading) inserted by No. 5/2012 s. 83. Nos 3682 s. 62, 5040 s. 18. 60 Collection of contributions for units S. 60(1) amended by No. 24/1997 s. 58(2). (1) Subject to regulations the Board may grant an authority in writing or in print to any person to collect contributions or subscriptions for the purposes of any unit and may at any time call in or cancel such authority. S. 60(2) amended by No. 24/1997 s. 58(2). (2) Every person not duly authorized in that behalf by the Board who solicits contributions or subscriptions for the purpose of any unit shall on conviction thereof be guilty of an offence against this Act. No. 3682 s. 63. S. 61 amended by Nos 7926 s. 5(c), 10149 s. 24(3) (a)(b)(c), substituted by No. 24/1997 s. 44. 61 Police to aid Units s. 61 (1) Every member of the police force present at any fire must support and assist the senior member of the operational staff at the scene— (a) in the maintenance of the senior member's authority; and
No. 3682 s. 69. 67 Power of agents to deduct payments made for insurance company Any agent may deduct from any moneys held by him for any insurance company all expenditure necessarily or properly incurred and paid by him under this Act for or in respect of any insurance company for which he is the agent, or he may in any court of competent jurisdiction recover from any insurance company the amount so incurred and paid. Nos 3682 s. 70, 5040 s. 18. 68 Power of agents to deduct payments made for owners Any agent may deduct from any moneys held by him for his principal all charges costs or expenses necessarily or properly incurred and paid by him under this Act as owner of any houses lands or premises in the metropolitan district for which he is the agent of such principal or he may in any court of competent jurisdiction recover from such principal the amount incurred and paid. Nos 3682 s. 71, 5040 s. 18. 69 Power of trustees s. 67 Any trustee being owner of any houses lands or premises in the metropolitan district may apply any of the funds under his control in defraying any charges costs or expenses necessarily or properly incurred by him under this Act as such owner. S. 69A inserted by No. 51/2005 s. 73. 69A Australian Fire Brigades Charges Scheme (1) Lloyd's must continue to operate and manage the Australian Fire Brigades Charges Scheme. (2) Lloyd's must within 30 days of the commencement of section 73 of the Emergency Service Act 2005 provide a certified copy of the 1982 Agreement as in force at that commencement to the Minister.
S. 83 amended by No. 2/1995 s. 22(a), repealed by No. 24/1997 s. 55. * * * * * No. 5517 s. 9. S. 84 amended by Nos 2/1995 s. 22(a), 24/1997 s. 57(1). 84 Provision in case of death before or during long service leave s. 84 If an employee entitled to long service leave dies before or while taking such long service leave the Board shall, to the extent that payment in lieu thereof has not already been granted to that employee, grant payment in lieu of the whole or part of the long service leave not taken to the legal personal representative of the deceased employee. S. 85 amended by Nos 50/1989 s. 43, 47/1992 s. 25(4)(c)(i)(ii), 83/1992 s. 184(Sch. 6 item 14.3), 2/1995 s. 22(b), 59/1996 s. 10(Sch. 2 item 15.3 (a)–(c)), repealed by No. 24/1997 s. 55. * * * * * S. 86 repealed by No. 24/1997 s. 55. * * * * *
Sch. 4 repealed by No. 99/1993 s. 18(d). * * * * * Endnotes General Information The Metropolitan Fire Brigades Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893. Table of Amendments This Version incorporates amendments made to the Metropolitan Fire Brigades Act 1958 by Acts and subordinate instruments. Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Metropolitan Fire Brigades (Board) Act 1958, No. 6434/1958 Assent Date: 28.10.58 Commencement Date: 28.10.58 : All of Act in operation Metropolitan Fire Brigades (Borrowing Powers) Act 1959, No. 6568/1959 Assent Date: 1.12.59 Commencement Date: 1.12.59 : All of Act in operation Metropolitan Fire Brigades (Borrowing Powers) Act 1960, No. 6614/1960 Assent Date: 10.5.60 Commencement Date: 10.5.60 : All of Act in operation Subordinate Legislation Act 1962, No. 6886/1962 Assent Date: 8.5.62 Commencement Date: 1.8.62: Government Gazette 4.7.62 p. 2314 : All of Act in operation Metropolitan Fire Brigades (Long Service Leave) Act 1964, No. 7154/1964 Assent Date: 6.10.64 Commencement Date: 6.10.64 : All of Act in operation Public Officers (Long Service Leave) Act 1967, No. 7536/1967
Assent Date: 23.4.02 Commencement Date: S. 3(Sch. item 11) on 23.4.02: s. 2 : This information relates only to the provision/s amending the Metropolitan Fire Brigades Act 1958 Endnotes Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002, No. 49/2002 Assent Date: 22.10.02 Commencement Date: Ss 26–29 on 23.10.02: s. 2(1) : This information relates only to the provision/s amending the Metropolitan Fire Brigades Act 1958 Port Services () Act 2003, No. 23/2003 (as amended by No. 29/2006) Assent Date: 13.5.03 Commencement Date: S. 28 on 3.11.03: Government Gazette 30.10.03 p. 2744 : This information relates only to the provision/s amending the Metropolitan Fire Brigades Act 1958 Victorian Urban Development Authority Act 2003, No. 59/2003 Assent Date: 16.6.03 Commencement Date: S. 122 on 1.8.03: Government Gazette 31.7.03 p. 2125 : This information relates only to the provision/s amending the Metropolitan Fire Brigades Act 1958 Road Management Act 2004, No. 12/2004 Assent Date: 11.5.04 Commencement Date: S. 163 on 1.7.04: s. 2(2) : This information relates only to the provision/s amending the Metropolitan Fire Brigades Act 1958 Crimes (Amendment) Act 2004, No. 41/2004 Assent Date: 16.6.04 Commencement Date: S. 22 on 17.6.04: s. 2 : This information relates only to the provision/s amending the Metropolitan Fire Brigades Act 1958 Emergency Services Telecommunications Authority Act 2004, No. 98/2004 Assent Date: 14.12.04 Commencement Date: S. 41 on 1.7.05: Government Gazette 9.6.05 p. 1175 : This information relates only to the provision/s amending the Metropolitan Fire Brigades Act 1958 Public Administration Act 2004, No. 108/2004
Metric Conversion (Metropolitan Fire Brigades Act 1958) Regulations 1974, S.R. No. 158/1974 Date of Making: 7.5.74 Date of Commencement: 7.5.74 Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes