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 of brigade repealed by No. 24/1997 s. 17(2).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 Emergency Services Authority inserted by No. 5/2012 s. 60(f). Emergency Services Telecommunications Authority means the Emergency Services Telecommunications Authority established under section 5 of the Emergency Services Telecommunications Authority Act 2004; S. 3(1) def. of fire inserted by No. 50/1989 s. 44(1), amended by No. 5/2012 s. 60(b). fire includes— (a) a hazardous material incident where the major or sole danger is the threat of fire up to the stage where there is no longer a threat of fire; and (b) a toxic fire incident up to the stage where the fire has been effectively extinguished; and (c) the threat of a fire re-igniting; S. 3(1) def. of fire prevention officer inserted by No. 2/1995 s. 19(1). fire prevention officer means a fire prevention officer appointed under section 5A; s. 3 S. 3(1) def. of fire services agency inserted by No. 73/2010 s. 53. fire services agency has the same meaning as in the Fire Services Commissioner Act 2010; S. 3(1) def. of Fire Services inserted by No. 73/2010 s. 53. Fire Services Commissioner means the person appointed under section 5 of the Fire Services Commissioner Act 2010; S. 3(1) def. of fire services reform action plan inserted by No. 73/2010 s. 53. fire services reform action plan has the same meaning as in the Fire Services Commissioner Act 2010;
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. 4(2)(a) substituted by No. 63/1997 s. 10(4)(Sch. item 3.1), amended by Nos 23/2003 s. 28(1)(a), 45/2010 s. 51(1). (a) the within the meaning of the Port Management Act 1995; and S. 4(2)(aa) inserted by No. 82/1995 s. 206, repealed by No. 63/1997 s. 10(4)(Sch. item 3.1). * * * * * S. 4(2)(ab) inserted by No. 63/1997 s. 10(4)(Sch. item 3.1), amended by No. 23/2003 s. 28(1)(b), repealed by No. 45/2010 s. 51(2). * * * * * (b) any rivers or waterways— s. 4 which are designated as being within the metropolitan fire district by the Governor in Council by proclamation published in the Government Gazette. S. 4(2A) inserted by No. 86/1998 s. 23(2), amended by No. 59/2003 s. 122(2), repealed by No. 74/2006 s. 27(2). * * * * *
Heading preceding s. 17 repealed by No. 24/1997 s. 19. * * * * * S. 17 repealed by No. 7926 s. 5(b), new s. 17 inserted by No. 24/1997 s. 19. 17 Immunity of members of Board s. 17 (1) A member of the Board is not personally liable for anything done or omitted to be done in good faith— (a) in the exercise of a power or the discharge of a duty under this Act or the regulations; 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 this Act or the regulations. (2) Any liability resulting from an act or omission that would but for subsection (1) attach to a member of the Board attaches instead to the Board. Nos 3682 s. 22, 5040 s. 18. S. 18 amended by No. 7926 s. 6, substituted by No. 24/1997 s. 19. 18 Meetings of the Board (1) Meetings of the Board shall be held at the times and places determined by the Board. S. 18(2) substituted by No. 41/2004 s. 22(2). (2) The President or, in the absence of the President, the Deputy President must preside at a meeting of the Board at which he or she is present. S. 18(3) amended by No. 41/2004 s. 22(3). (3) If neither the President nor the Deputy President is present at a meeting, the members present may elect one of their number to preside at the meeting. (4) Four members of the Board constitute a quorum for meetings of the Board.
(a) the expenses incurred by the Board in relation to the shoring up, pulling down, other destruction or removal and remaining after the application of the proceeds of a sale or disposal under this section; or (b) where there has been no sale or disposal under this section, the whole of the expenses incurred by the Board in relation to the shoring up, pulling down, other destruction or removal. S. 32D inserted by No. 10149 s. 24(1), substituted by No. 50/1989 s. 44(3), amended by Nos 57/1989 s. 3(Sch. item 133.2), 24/1997 s. 31, 52/1998 s. 311(Sch. 1 item 62.1), substituted by No. 5/2012 s. 76. 32D False alarm of fire s. 32D (1) This section applies if a unit in the metropolitan district responds to a false alarm of fire at a premises given by or originating from— (a) an automatic fire alarm system; or (b) equipment designed to detect a fire or other emergency conditions and transmit a signal of that detection. (2) The Board may, by written notice, require the owner, occupier or owners corporation of the premises to provide details of the circumstances of the false alarm of fire to the Board. (3) A person who receives a notice under subsection (2) may provide the Board with an explanation of the circumstances of the false alarm of fire and any information supporting the explanation including maintenance and testing records. (4) The Board is not required to consider an explanation given by a person under subsection (3) unless it is— (a) in writing; and (b) provided to the Board within 14 days after the person has received the notice under subsection (2).
(i) the statement of reasons is given to the applicant; or (ii) the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given. S. 33 substituted by No. 7926 s. 8(1), amended by Nos 9928 s. 2(2), 10043 s. 8(a)(b), substituted by No. 10149 s. 24(1), repealed by No. 50/1989 s. 44(4), new s. 33 inserted by No. 5/2012 s. 77. 33 False report of fire (1) A person must not give or cause to be given a false report of a fire to a unit in the metropolitan district knowing the report to be false. Penalty: 60 penalty units. (2) In addition to any penalty imposed under subsection (1), the court may order a person convicted of an offence under subsection (1) to pay to the Board— (a) the fees and charges prescribed for the attendance of the unit in response to the false report; or (b) a lesser amount as the court thinks fit. Heading preceding s. 33A inserted by No. 9599 s. 3(b), repealed by No. 24/1997 s. 32(1). * * * * * s. 33
or information relating to such municipality necessary in order to enable the Board to determine the amount of such contribution. No. 3682 s. 44. S. 39 amended by No. 12/1989 s. 4(1)(Sch. 2 items 39 Municipal contributions under this Act may form part of rate The amount of any contribution payable under this Act by a municipal council to which this Act applies may be raised if necessary (and notwithstanding any statutory limit of such rates) by that municipal council increasing the general rate by such a sum in the dollar as will be sufficient to provide the amount thereof, and such increased rate shall for all purposes be deemed to be and be recoverable as general rates. Nos 3682 s. 45, 5040 s. 18. S. 40 amended by Nos 7885 s. 6(a)(b), 9727 s. 6, 9928 s. 7(2), 43/1987 s. 14(2)(a), 50/1989 s. 32, substituted by No. 91/1989 s. 5(2). 40 Returns of premiums s. 39 (1) Each insurance company must before 15 August in each year lodge with the Board a return in the prescribed form showing the portion of the total amount of the gross premiums received by or due to the insurance company during the preceding financial year as is properly attributable to insurance against fire in respect of property situated in the metropolitan district. S. 40(1A) inserted by No. 51/2005 s. 69. (1A) The Victorian Managed Insurance Authority must lodge a return under subsection (1) in respect of gross premiums referred to in that subsection received or due to the Victorian Managed Insurance Authority from a relevant body. S. 40(1B) inserted by No. 51/2005 s. 69. (1B) For the purposes of subsection (1A)— exempt participating body means a participating body within the meaning of paragraph (a) or (b) of the definition of relevant body which is a participating body of the kind specified in paragraph (c)(i) of the definition of participating body in section 3 of the
(2) An officer appointed by the Board has power for the purposes of subsection (1)— (a) to inspect any documents of the municipal council or body corporate or unincorporate during normal business hours; and (b) to make copies and take extracts from the documents; and (c) to require the manager, secretary, agent or other person to answer any questions or provide any information in relation to the inspection. S. 42(3) amended by No. 49/2002 s. 27(2). (3) A manager, secretary, agent or other person who does not comply with any requirement under this section is guilty of an offence and liable to a penalty of not more than 60 penalty units. S. 42(4) inserted by No. 49/2002 s. 27(3). (4) A person must not, without reasonable excuse, hinder or obstruct an officer appointed by the Board who is exercising a power under subsection (2). 120 penalty units. S. 43 amended by Nos 43/1987 s. 14(2)(c), 12/1989 s. 4(1)(Sch. 2 item 79.15), substituted by No. 91/1989 s. 5(2). 43 Penalty for failure to make payment s. 43 (1) If a municipal council or an insurance company does not pay any quarterly instalment or amount payable under subsection (2), (3) or (4) within 14 days after it is due or after the date on which notice of demand is given (whichever is the later date)— (a) the municipal council or insurance company is guilty of an offence and liable to a penalty of 10 penalty units; and (b) where an insurance company has failed to pay by the due date the whole or any part of any contribution assessed as being payable by that insurance company under section 40A(a), the Board may by notice
S. 49 amended by No. 9928 s. 10(2)(c) (i)–(vi), repealed by No. 99/1993 s. 18(c). * * * * * S. 50 amended by Nos 9727 s. 4(a)(b), 29/1988 s. 57(13), repealed by No. 94/1990 s. 40(10). * * * * * Nos 4519 s. 4, 5040 s. 18. S. 51 substituted by No. 43/1987 s. 10(3). 51 Board may establish funds s. 51 The Board may— (a) with the consent of the Governor in Council establish a Land, Building, Vehicle, Plant and Machinery Purchase, Construction, Renewal and Replacement Fund; and (b) pay into that fund such amounts as the Governor in Council approves either generally or in a particular case. S. 51A inserted by No. 43/1987 s. 11(2), substituted by No. 99/1993 s. 19. 51A Investment by Board s. 51A The Board may invest money of the Board in accordance with powers conferred on it by the Borrowing and Investment Powers Act 1987. General provisions Nos 3682 s. 54, 5040 s. 18. S. 52 substituted by No. 24/1997 s. 35. 52 Units to be registered All units— (a) must conform to the laws affecting units; and (b) must be registered in the manner and subject to the conditions prescribed by the regulations; and
S. 72 (Heading) inserted by No. 5/2012 s. 86(1). Nos 3682 s. 74, 5040 s. 18. S. 72 repealed by No. 10257 s. 89, new s. 72 inserted by No. 2/1995 s. 17. 72 Board or unit may carry out fire prevention work s. 72 (1) The Board, at the request of— (a) the owner or occupier of any land; (b) a Minister in whom any land is vested; (c) a municipal council or public authority— (i) in which any land is vested; (ii) that has any land under its control or management; (iii) that is responsible for the care and management of any road— may carry out on that land or road any work (including burning) for the removal or abatement of any fire danger or for the prevention of the occurrence or spread of fire. S. 72(2) amended by No. 5/2012 s. 86(2). (2) Any work carried out under subsection (1) must be paid for by the owner, occupier, Minister, council or authority requesting the work and, if not paid, the outstanding payment is recoverable in the Magistrates' Court as a debt due to the Board. S. 72(3) substituted by No. 24/1997 s. 47. (3) Subject to the general direction and control of the Chief Officer, the members of any unit, with the consent of the relevant owner, occupier, Minister, council or authority, may carry out any work (including burning) that the senior member of the operational staff in the unit thinks necessary or expedient for the prevention of the occurrence or spread of fire. S. 72(4) inserted by No. 24/1997 s. 47. (4) In this section senior member of the operational staff has the same meaning as it has in section 32B. S. 72A inserted by No. 5/2012 s. 87. 72A Interstate fire brigades and international fire brigades
S. 77(3)(b) amended by No. 24/1997 s. 49(3). (b) if the fire prevention notice was issued by the Chief Officer, to the Board. (4) All penalties recovered for any other offences against this Act or the regulations are to be paid to the Board. S. 77A inserted by No. 51/2005 s. 74. 77A Time within which proceedings for certain offences may be brought s. 77A Notwithstanding anything to the contrary in any Act, proceedings for an offence against section 44A(2) or 44A(3) may be commenced within the period of 2 years after the commission of the alleged offence. S. 78 amended by No. 50/1989 s. 40(a)(b), repealed by No. 24/1997 s. 50, new s. 78 inserted by No. 5/2012 s. 93. 78 Alarm monitoring service to provide prescribed information (1) The Board may, by written notice, require a person who conducts an alarm monitoring service to provide to the Board the prescribed information within the prescribed period. (2) A person must comply with a notice given by the Board under this section within the prescribed period. Penalty: 60 penalty units. (3) In this section— alarm monitoring service means a business that— (a) receives signals from equipment located at a premises that is designed to detect fire or other emergency conditions at that premises; and (b) transmits those signals as appropriate.
(3) If subsection (2) applies, the fire prevention notice may be served— (a) by displaying it on the land; and (b) by publishing a notice, in the prescribed form and containing the prescribed particulars, in a newspaper circulating generally in the municipal district. (4) A notice served under subsection (3) is sufficient notice to the owner or occupier from the date of display or publication, whichever is later. (5) Unless a fire prevention notice is withdrawn or cancelled, the costs of serving the notice (including reasonable administrative, labour and overhead costs and expenses incurred) may be recovered from the person on whom it was served— (a) if the notice was served by a fire prevention officer, by the relevant municipal council; S. 88(5)(b) amended by No. 24/1997 s. 56. (b) if the notice was served by the Chief Officer, by the Board. S. 89 inserted by No. 2/1995 s. 18. 89 Objection to notices s. 89 S. 89(1) amended by No. 5/2012 s. 96(1). (1) A person on whom a fire prevention notice has been served may lodge a written objection with the fire prevention officer within 7 days of the service of the notice stating the grounds of objection. S. 89(2) substituted by No. 5/2012 s. 96(2). (2) If— (a) a person lodges an objection in accordance with subsection (1); and
Assent Date: 12.12.96 Commencement Date: S. 10(Sch. 2 items 15.1–15.3) on 1.1.97: Special Gazette (No. 146) 23.12.96 p. 15 : This information relates only to the provision/s amending the Metropolitan Fire Brigades Act 1958 Fire Authorities (Amendment) Act 1997, No. 24/1997 (as amended by No. 74/2000) Assent Date: 20.5.97 Commencement Date: Pt 3 on 1.9.97: Government Gazette 14.8.97 p. 2085 : This information relates only to the provision/s amending the Metropolitan Fire Brigades Act 1958 Port Services (Amendment) Act 1997, No. 63/1997 Assent Date: 5.11.97 Commencement Date: S. 10(4)(Sch. items 3.1, 3.2) on 10.12.97: Government Gazette 4.12.97 p. 3290 : This information relates only to the provision/s amending the Metropolitan Fire Brigades Act 1958 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s amending the Metropolitan Fire Brigades Act 1958 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 62) on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Metropolitan Fire Brigades Act 1958 Local Government (Governance and Melton) Act 1998, No. 86/1998 Assent Date: 17.11.98 Commencement Date: S. 23 on 1.7.99: Government Gazette 17.6.99 p. 1406 : This information relates only to the provision/s amending the Metropolitan Fire Brigades Act 1958 Emergency Management (Amendment) Act 2000, No. 48/2000 Assent Date: 14.6.00 Commencement Date: 15.6.00: s. 2 : All of Act in operation Corporations (Financial Services Reform Amendments) Act 2002, No. 9/2002