S. 3(1) def. of municipal fire prevention officer inserted by No. 5/2012 s. 3(j). municipal fire prevention officer means a person appointed by a municipal council under section 96A(1)(a) to be the fire prevention officer for that council; S. 3(1) def. of national park inserted by No. 6956 s. 2(1)(g), amended by No. 8210 s. 12, substituted by No. 8702 s. 55(5). national park means land that is or is part of a park within the meaning of the National Parks Act 1975; S. 3(1) def. of officer in charge of a brigade inserted by No. 39/1992 s. 5(3)(b). officer in charge of a brigade includes, in the absence of a person of the rank of officer, a member of a brigade below the rank of officer; S. 3(1) def. of owner substituted by No. 5/2012 s. 3(h). owner has the same meaning as it has in section 3(1) of the Subdivision Act 1988; S. 3(1) def. of owners corporation inserted by No. 5/2012 s. 3(j). owners corporation has the same meaning as it has in section 3 of the Owners Corporations Act 2006; S. 3(1) def. of part repealed by No. 10149 s. 4(i). * * * * * part-time officer or member of a brigade means an officer or member of the brigade who receives some form of remuneration for his services in relation to the brigade but whose sole or principal calling or means of livelihood does not consist of those services; s. 3
S. 3(1) defs of scrub or vegetation inserted by No. 6583 s. 2(a). scrub or vegetation includes trees bushes plants and undergrowth of all kinds and sizes whether living or dead and whether standing or not standing, and also includes any part of any such trees bushes plants or undergrowth whether severed or not severed; S. 3(1) def. of Secretary inserted by No. 76/1998 s. 30(a). s. 3 Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987; S. 3(1) def. of senior employee inserted by No. 24/1997 s. 4(1). senior employee means the holder of a position designated by the Authority as a senior position; S. 3(1) def. of spouse inserted by No. 27/2001 s. 5(Sch. 3 item 1.1). spouse of a person means a person to whom the person is married; S. 3(1) def. of State Crisis and Resilience Council inserted by No. 73/2013 s. 79(f). State Crisis and Resilience Council has the same meaning as it has in section 3 of the Emergency Management Act 2013; station means fire station; S. 3(1) def. of Strategic Action Plan inserted by No. 73/2013 s. 79(f). Strategic Action Plan has the same meaning as it has in section 3 of the Emergency Management Act 2013;
S. 3(1) def. of summer period amended by No. 6583 s. 2(b), repealed by No. 7877 s. 2(1)(a)(ii). * * * * * S. 3(1) def. of the 1982 Agreement inserted by No. 51/2005 s. 59(1). the 1982 Agreement means the Agreement establishing the Australian Fire Brigades Charges Scheme, a certified copy of which is lodged with the Minister under section 103A; S. 3(1) def. of urban brigade repealed by No. 5/2012 s. 3(i). * * * * * S. 3(1) def. of urban district substituted by Nos 8257 s. 2(b), 39/1992 s. 4(2)(b), repealed by No. 5/2012 s. 3(i). * * * * * S. 3(1) def. of vessel inserted by No. 50/1989 s. 4(1). s. 3 vessel means any kind of vessel that is used or is capable of being used, in navigation by water, however propelled or moved and includes— (a) a barge, lighter, floating restaurant or other floating vessel; and (b) an air-cushion vehicle or other similar craft that is used in navigation by water;
S. 3(1) def. of volunteer auxiliary worker inserted by No. 10149 s. 4(n). volunteer auxiliary worker means a person appointed as a volunteer auxiliary worker under section 17A; S. 3(1) def. of volunteer brigade amended by No. 24/1997 s. 4(2)(d). volunteer brigade means any association of persons formed for the purpose of the prevention and suppression of fires and solely or principally composed of volunteer officers and members but does not include an industry brigade; S. 3(1) def. of Volunteer Charter inserted by No. 10/2011 s. 3. s. 3 Volunteer Charter means the Volunteer Charter agreed by the Government of Victoria, Volunteer Fire Brigades Victoria Incorporated and the Authority, signed on 27 February 2011 and as amended from time to time; S. 3(1) def. of volunteer officer or member amended by No. 24/1997 s. 4(2)(e). volunteer officer or member of a brigade means an officer or member who receives no remuneration for his services in relation to the brigade but does not include an officer or member of an industry brigade. S. 3(2) inserted by No. 27/2001 s. 5(Sch. 3 item 1.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 13.2). (2) For the purposes of the definition of domestic partner in subsection (1)— (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
municipal council who represents a ward in an urban area; and S. 7(1)(f) amended by Nos 6583 s. 4(b), 12/1989 s. 4(1)(Sch. 2 item 17.6). (f) one shall be selected by the Governor in Council from a panel, submitted by the executive committee of the Municipal Association of Victoria, of the names of not less than two persons each of whom at the time of the submission is a councillor of a municipal council who represents a ward in a rural area. S. 7(1A)(1B) inserted by No. 7877 s. 4(a), repealed by No. 8813 s. 2(b). * * * * * s. 7 (2) If at any time any of the said bodies fails to submit to the Minister a panel of names as aforesaid within fourteen days after the receipt of a request in writing from the Minister in that behalf, the Governor in Council may without such submission appoint any otherwise eligible person or persons (as the case requires) to be a member or members of the Authority and the person or persons so appointed shall for all purposes be deemed to be duly appointed. S. 7A inserted by No. 8750 s. 96. 7A Member of Authority not holding office etc. under Crown Notwithstanding anything in the Constitution Act 1975 or in any other Act a member of the Authority shall not by reason only of receiving any payment under this Act be deemed to hold or accept an office or place of profit under the Crown or to be employed in the Public Service so as to render him incapable of sitting or voting as a
S. 8(4) substituted by No. 77/2000 s. 7. (4) On the occurrence of any vacancy in the office of any member of the Authority, a qualified person shall, in accordance with this Act, be appointed to fill the vacancy. No. 5040 s. 8. S. 9 substituted by No. 7261 s. 3(1). 9 Chairman s. 9 S. 9(1) amended by No. 42/1995 s. 224(Sch. 2 item 10), repealed by No. 77/2000 s. 6(b). * * * * * (2) The chairman shall— (a) preside at all meetings of the Authority; (b) have a casting as well as a deliberative vote; and S. 9(2)(c) amended by No. 8165 s. 3. (c) be entitled to receive such salary and allowances as are determined by the Governor in Council. S. 9(3) amended by Nos 7877 s. 4(b), 10043 s. 13(2). (3) At any meeting of the Authority at which the chairman or deputy chairman or, where a member has been appointed to act in the place of the deputy chairman, the acting deputy chairman is not present a person elected for the purpose by the members present at the meeting shall act as chairman at the meeting and may exercise the powers conferred on the chairman by this Act. S. 9A inserted by No. 7261 s. 3(1). 9A Rights of chairman in relation to the public service and superannuation s. 9A
relation thereto to the same extent as in the case of the prevention and suppression of fire or the protection of life and property in the case of fire. (2) No attendance or action shall be made or taken by any group of brigades or any brigade pursuant to subsection (1) unless the approval of the Chief Officer or the officer exercising the powers of the Chief Officer has been obtained or in any case where this is not practicable the Officer-in-Charge of any brigade involved has caused the attendance of such brigade to be subsequently reported to the Chief Officer or officer exercising the powers of the Chief Officer for his approval. S. 20A(3) repealed by No. 39/1992 s. 13(2). * * * * * S. 20A(4) amended by Nos 9673 s. 21(2), 57/1987 s. 33(1), 51/2005 s. 58(1). (4) Any person who is entitled to make any claim for compensation under this Act shall not be entitled to make any claim for compensation under the Victoria State Emergency Service Act 2005. S. 20B inserted by No. 9928 s. 2(1), substituted by No. 50/1989 s. 26(2), amended by Nos 24/1997 s. 12(3), 52/1998 s. 311(Sch. 1 item 16.1), substituted by No. 5/2012 s. 10. 20B False alarm of fire s. 20B (1) This section applies if a fire brigade in the country area of Victoria 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 Authority may, by written notice, require the owner, occupier or owners corporation of the premises to provide details of the circumstances of the false alarm to the Authority.
non-council land means land (including Crown land) that is not council land; place means land or premises. Division 2—Duty to warn community S. 50B inserted by No. 73/2009 s. 3, substituted by No. 73/2010 s. 44. 50B Duty to warn the community (1) The Chief Officer must issue warnings and provide information in relation to fires in the country area of Victoria if— S. 50B(1)(a) repealed by No. 73/2013 s. 81(b). * * * * * (b) the Chief Officer considers that the issuing of warnings or the provision of information is necessary for the purposes of protecting life and property. S. 50B(2) amended by No. 73/2013 s. 81(c). (2) The Chief Officer must have regard to any guidelines, procedures or operating protocols issued by the Emergency Management Commissioner under section 44 of the Emergency Management Act 2013 for the purposes of carrying out a duty under subsection (1). S. 50C inserted by No. 73/2009 s. 3, repealed by No. 73/2010 s. 45. * * * * * S. 50D inserted by No. 73/2009 s. 3, repealed by No. 73/2010 s. 46. * * * * *
No. 5191 s. 3. 51 Definition s. 51 In this Part appropriate authorities in respect of any region or area, means— S. 51(a) amended by Nos 10149 s. 21(1)(h)(i) (as amended by No. 10173 s. 4), 12/1989 s. 4(1)(Sch. 2 item 17.29). (a) the fire prevention officer or fire prevention officers of the municipal council or municipal councils the municipal district or municipal districts of which is or are wholly or partly within the region or area; S. 51(aa) inserted by No. 10149 s. 13, amended by No. 12/1989 s. 4(1)(Sch. 2 item 17.30). (aa) a municipal council, but only with respect to— S. 51(aa)(i) amended by No. 12/1989 s. 4(1)(Sch. 2 item 17.31). (i) any land vested in the municipal council or under its control or management; and S. 51(aa)(ii) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 17.32), 2/1995 s. 13(h). (ii) any road the maintenance of which is charged upon the municipal council; S. 51(b) amended by No. 10149 s. 21(1)(h)(ii) (as amended by No. 10173 s. 4). (b) the fire prevention officers of every administrative unit and public authority in which any land within the region or area is vested or which has the management or control of any such land; and
S. 81A inserted by No. 49/2002 s. 25, amended by Nos 73/2010 s. 47, 73/2013 s. 81(e) repealed by No. 58/2012 s. 101(1). * * * * * Nos 5040 s. 58, 5542 s. 2, 5870 s. 2, 5953 s. 2. S. 82 amended by Nos 7156 s. 2, 7383 s. 2, 7864 s. 2(a)(b), 7993 s. 2, 8614 s. 4, 9118 s. 2, 9218 s. 2, 9586 s. 2, 9902 s. 2(1) (Sch. item 43), 9928 s. 10(1)(a)(i)(ii), 10040 s. 4, 43/1987 s. 13(1)(a)(b), 29/1988 s. 57(3), 94/1990 s. 40(3), substituted by No. 99/1993 s. 13. 82 Borrowing by Authority s. 82 (1) The Authority may obtain financial accommodation subject to and in accordance with the Borrowing and Investment Powers Act 1987. (2) The payment of amounts payable as a result of or in connection with financial accommodation obtained by the Authority (including the expenses of enforcement) are secured as a first charge on the property and revenue of the Authority. (3) The amounts secured under subsection (2) include amounts (and interest) borrowed by the Authority before the commencement of section 13 of the Borrowing and Investment Powers (Amendment) Act 1993. S. 82A inserted by No. 45/1986 s. 9, amended by No. 99/1993 s. 14(a)(b). 82A Guarantee of debentures etc. of Authority (1) The due repayment of the principal and the payment of the interest secured by any debentures issued by the Authority in accordance with section 82 as in force immediately before the commencement of section 14 of the Borrowing and Investment Powers (Amendment) Act 1993, and the due repayment of any overdraft obtained by the Authority in accordance with that section as so in force, and the payment of interest on any such overdraft, is guaranteed by the Government of Victoria.
No. 5040 s. 60. S. 84 substituted by No. 43/1987 s. 10(1). 84 Authority may establish funds s. 84 The Authority may— (a) with the consent of the Governor in Council establish the following funds to be applied toward the achievement of the objectives of this Act— (i) a Land, Building, Vehicle, Plant and Machinery Purchase, Construction, Renewal and Replacement Fund; (ii) a Superannuation Fund; (iii) a Compensation Fund; (iv) a Loan Principal Repayment Fund; and (b) pay into any such fund such amounts as the Governor in Council approves either generally or in a particular case. S. 84A inserted by No. 43/1987 s. 11(1), substituted by No. 99/1993 s. 15. 84A Investment by Authority The Authority may invest money of the Authority in accordance with powers conferred on it by the Borrowing and Investment Powers Act 1987. S. 84B inserted by No. 68/1988 s. 3. 84B Manufacture and sale of firefighting vehicles and equipment (1) Without derogating from any other power of the Authority under this Act, the Authority may— (a) design, make, assemble or alter any vehicle, equipment or product used for the prevention or suppression of fire or any other emergency; and (b) enter into any contract or agreement with any person within Australia to design, make, assemble or alter any vehicle, equipment or product referred to in paragraph (a) or a
S. 102(2) amended by Nos 7877 s. 21(e)(iii), 50/1989 s. 25(2)(a), substituted by No. 5/2012 s. 51. (2) A person must not solicit or collect contributions or subscriptions for the purposes of any brigade, group of brigades or association in the country area of Victoria unless the person is authorised to do so under subsection (1). Penalty: 10 penalty units. S. 102(3) inserted by No. 5/2012 s. 51. (3) A person who is authorised under subsection (1) to collect contributions or subscriptions for the purposes of any brigade, group of brigades or association must comply with any conditions to which the authority is subject. Penalty: 10 penalty units. No. 5040 s. 79. 103 Fire brigade competitions to be authorized by Authority S. 103(1) amended by Nos 50/1989 s. 3(d), 39/1992 s. 3(c). s. 103 (1) No fire brigade competition shall be held in the country area of Victoria unless the permission of the Authority has been obtained. S. 103(2) amended by Nos 7877 s. 21(e)(iv), 50/1989 s. 25(2)(b), 39/1992 s. 3(c). (2) Any person who organizes or manages or assists in the organization or management of or takes part in any fire brigade competition held in contravention of the last preceding subsection shall be guilty of an offence against this Act and liable to a penalty of not more than 5 penalty units. S. 103A inserted by No. 51/2005 s. 65, amended by No. 5/2012 s. 52, repealed by No. 58/2012 s. 100. * * * * *
Penalty: 60 penalty units. (4) A person must not use any insignia described or set out in the regulations in any manner contrary to the manner set out in the regulations without the written authority of the Authority. Penalty: 60 penalty units. S. 107B inserted by No. 5/2012 s. 56. 107B False report of fire (1) A person must not give or cause to be given a false report of a fire to a brigade in the country area of Victoria 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 Authority— (a) the fees and charges prescribed for the attendance of the brigade in response to the false report; or (b) a lesser amount as the court thinks fit. No. 5651 s. 13. S. 108 amended by Nos 7877 s. 3(e), 10004 s. 22, 39/1992 s. 5(3)(n). 108 Mode of proof that place is in country area s. 107B In any proceedings for an offence or for the recovery of money under this Act a certificate purporting to be signed by the Chief Officer or a Deputy Chief Officer to the effect that any place or locality is within the country area of shall be sufficient evidence of that fact until the contrary is shown. S. 108A inserted by No. 2/1995 s. 11. 108A Evidence of ownership or occupancy In any proceedings under this Act or the regulations, the following is evidence that a person is the owner or occupier of land—
(ii) the adoption of prescribed constitutions for brigades and groups of brigades; S. 110(1)(lb) inserted by No. 39/1992 s. 17(1)(c). (lb) for prescribing the management and administration and financial management of brigades and groups of brigades; S. 110(1)(lc) inserted by No. 39/1992 s. 17(1)(c). (lc) for providing for the winding up of brigades or groups of brigades; S. 110(1)(m) amended by No. 6583 s. 5(m)(i), substituted by No. 39/1992 s. 17(1)(d). (m) for ensuring the speedy attendance of members of brigades and groups of brigades with all necessary apparatus on the occasion of any alarm of fire and generally for the maintenance of brigades and groups of brigades in a due state of efficiency; S. 110(1)(n) amended by Nos 6583 s. 5(m)(i), 24/1997 s. 11(3). (n) for the registration of all permanent and volunteer brigades and industry brigades and groups of brigades and the enrolment of their members, and for the election of the officers of volunteer brigades and groups of brigades and also for prescribing the various apparatus for the prevention or suppression of fire and the saving of life and property at fires to be kept and maintained by all such brigades and groups of brigades; S. 110(1)(na) inserted by No. 24/1997 s. 11(4). s. 110 (na) for specifying the criteria for and the method of designation of areas for the formation of industry brigades; S. 110(1)(nb) inserted by No. 24/1997 s. 11(4). (nb) for specifying the criteria for determining when an industry brigade should be formed; S. 110(1)(nc) inserted by No. 24/1997 s. 11(4). (nc) for providing for the responsibilities and performance of industry brigades and the training and monitoring of industry brigades;
Assent Date: 21.12.60 Commencement Date: 21.12.60 : 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 Country Fire Authority (Amendment) Act 1962, No. 6887/1962 Assent Date: 8.5.62 Commencement Date: 8.5.62 : All of Act in operation Country Fire Authority (Amendment) Act 1962, No. 6956/1962 Assent Date: 18.12.62 Commencement Date: 18.12.62 : All of Act in operation Insurance Commissioner (Costs and Expenses) Act 1963, No. 6986/1963 Assent Date: 7.5.63 Commencement Date: 7.5.63 : All of Act in operation Statute Law Revision Act 1963, No. 7065/1963 Assent Date: 3.12.63 Commencement Date: 3.12.63 : All of Act in operation Statute Law Revision Act 1964, No. 7142/1964 Assent Date: 5.5.64 Commencement Date: 5.5.64 : All of Act in operation Country Fire Authority (Borrowing Powers) Act 1964, No. 7156/1964 Assent Date: 6.10.64 Commencement Date: 6.10.64 : All of Act in operation Country Fire Authority Act 1965, No. 7261/1965 Assent Date: 18.5.65 Commencement Date: 1.9.65: Government Gazette 25.8.65 p. 2635 : All of Act in operation Country Fire Authority (Service of Notices) Act 1965, No. 7318/1965 Assent Date: 7.12.65 Commencement Date: 7.12.65 : All of Act in operation Country Fire Authority (Borrowing Powers) Act 1966, No. 7383/1966
Assent Date: 3.5.66 Commencement Date: 3.5.66 : All of Act in operation Endnotes Country Fire Authority (Interstate Fire Brigades) Act 1966, No. 7386/1966 Assent Date: 3.5.66 Commencement Date: 3.5.66 : All of Act in operation Country Fire Authority (Fire Prevention) Act 1966, No. 7476/1966 Assent Date: 6.12.66 Commencement Date: 6.12.66 : All of Act in operation Country Fire Authority (Prosecutions) Act 1967, No. 7516/1967 Assent Date: 7.3.67 Commencement Date: 7.3.67 : All of Act in operation Country Fire Authority (Notices) Act 1967, No. 7606/1967 Assent Date: 5.12.67 Commencement Date: 5.12.67 : All of Act in operation Fire Authorities (Borrowing Powers) Act 1969, No. 7864/1969 Assent Date: 28.10.69 Commencement Date: 28.10.69 : All of Act in operation Justices (Amendment) Act 1969, No. 7876/1969 Assent Date: 25.11.69 Commencement Date: 1.4.70 (except for ss 3, 5, 6 and 7(k)(m)(n)(o)); ss 3, 5, 6, 7(k)(m)–(o) on 1.7.70: Government Gazette 25.2.70 p. 463 : All of Act in operation Country Fire Authority (Amendment) Act 1969, No. 7877/1969 Assent Date: 25.11.69 Commencement Date: 25.11.69 : All of Act in operation Fire Brigades (Contributions) Act 1969, No. 7885/1969 Assent Date: 2.12.69 Commencement Date: 1.7.70: Government Gazette 1.7.70 p. 2271 : All of Act in operation Country Fire Authority (Borrowing Powers) Act 1970, No. 7993/1970 Assent Date: 29.10.70 Commencement Date: 29.10.70 : All of Act in operation Metropolitan Fire Brigades (Amendment) Act 1970, No. 8019/1970
Assent Date: 1.5.84 Commencement Date: Ss 1–3, 13 on 2.5.84: Government Gazette 2.5.84 p. 1363; ss 4–12 on 9.5.84: Government Gazette 9.5.84 p. 1387 : All of Act in operation Statute Law Revision Act 1984, No. 10087/1984 Assent Date: 22.5.84 Commencement Date: 22.5.84: subject to s. 3(2) : This information relates only to the provision/s amending the Country Fire Authority Act 1958 Endnotes State Insurance Office Act 1984, No. 10089/1984 Assent Date: 22.5.84 Commencement Date: 18.9.84: Government Gazette 18.9.84 p. 3219 : All of Act in operation Fire Authority Act 1984, No. 10149/1984 (as amended by No. 10173/1985) Assent Date: 13.11.84 Commencement Date: S. 21(2) on 31.10.84: s. 2(2); ss 1–3, 5, 7–9, 11, 12, 22–25 on 13.11.84: Government Gazette 13.11.84 p. 4051; rest of Act on 1.12.84: Government Gazette 30.11.84 p. 4207 : All of Act in operation Accident Compensation Act 1985, No. 10191/1985 Assent Date: 30.7.85 Commencement Date: S. 276(Sch. 2) on 31.8.85: Government Gazette 30.8.85 p. 3401 : This information relates only to the provision/s amending the Country Fire Authority Act 1958 Forests and Country Fire Authority (Penalties) Act 1985, No. 10235/1985 Assent Date: 10.12.85 Commencement Date: 10.12.85 : All of Act in operation Coroners Act 1985, No. 10257/1985 Assent Date: 10.12.85 Commencement Date: Ss 1–3, Pt 9 on 12.2.86: Government Gazette 12.2.86 p. 382; rest of Act on 1.6.86: Government Gazette 30.4.86 p. 1115 : All of Act in operation Health (Amendment) Act 1985, No. 10262/1985