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 of brigade repealed by No. 24/1997 s. 17(2).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;
(ii) the amount paid to the Board as contributions; (b) the total of the amounts under paragraph (a)(i); (c) the total of the amounts under paragraph (a)(ii). S. 27(1B) inserted by No. 51/2005 s. 68. (1B) If the Board is of the opinion that it would be misleading to include the information in the annual report required by subsection (1A) in relation to an insurance company, the Board may instead include a note to the statement in the annual report explaining why it would be misleading to include the information in relation to the specified insurance company. s. 28 (2) The Board must if required by the Minister give the Minister a special report upon any matter relating to its activities or to the administration of this Act. Heading preceding s. 28 substituted by No. 24/1997 s. 27. Chief Executive Officer and Chief Officer Nos 3682 s. 33, 5040 s. 18. S. 28 substituted by No. 24/1997 s. 28. 28 Chief Executive Officer (1) The Board must, with the approval of the Minister, appoint a person as Chief Executive Officer of the Board. (2) The Chief Executive Officer holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment. (3) The Chief Executive Officer is responsible to the Board for the carrying out of its functions. (4) The Chief Executive Officer must comply with the directions of the Board.
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. 32B(3) amended by No. 24/1997 s. 29(2)(a). (3) At the scene of an alarm of fire the senior member of the operational staff— (a) shall endeavour by all practical means to have any fire suppressed and any person or property in jeopardy saved; S. 32B(3)(b) substituted by No. 24/1997 s. 29(2)(b). (b) shall have the control and direction of any unit present and of all persons assisting any unit or units at the scene; (c) may, for the purposes of dealing with any alarm of fire, cause— (i) any land building structure vessel or vehicle to be entered upon or into (if necessary by force), taken possession of, shored up, pulled down, otherwise destroyed or removed; (ii) any vehicle or equipment to be taken through upon or into any land building structure vessel or vehicle; s. 32B (iii) water to be shut off from any main pipe or other source of supply in order to obtain a greater pressure or supply of water; and S. 32B(3)(c)(iv) amended by No. 2/1995 s. 22(e). (iv) any road waterway railway or tramway to be closed to traffic or any main pipeline conduit or conductor of gas electricity oil or any source of power fuel or energy to be shut off; S. 32B(3)(d) amended by No. 24/1997 s. 29(2)(c). (d) may order to withdraw any persons who interfere by their presence or otherwise with the operation of the unit or units, and cause to be removed any persons who fail or refuse to comply with any such order to withdraw; and
S. 33A inserted by No. 9599 s. 3(b), amended by Nos 47/1992 s. 25(4)(a), 83/1992 s. 184(Sch. 6 item 14.1(a)(b) (i)(ii)), 2/1995 s. 22(b), 59/1996 s. 10(Sch. 2 item 15.1, 15.2), repealed by No. 24/1997 s. 32(2). * * * * * Regulations Nos 3682 s. 39, 4519 s. 6, 5040 s. 18, 5217 s. 2, 5316 s. 4(2), 5419 s. 3, 5829 s. 2(2)(d). S. 34 amended by No. 7885 s. 4(a). 34 Power to make regulations s. 34 (1) The Governor in Council may as to the whole or any part of make regulations for all or any of the following purposes— S. 34(1)(a) repealed by No. 24/1997 s. 33(1)(a). * * * * * S. 34(1)(b) amended by Nos 8019 s. 5(1)(a), 9599 s. 3(c)(i), substituted by No. 24/1997 s. 33(1)(b). (b) For the appointment, promotion, probation, transfer, suspension and removal of employees of the Board; S. 34(1)(ba) inserted by No. 24/1997 s. 33(1)(b). (ba) For the examination of employees of the Board and members of units;
S. 34(1)(w) repealed by No. 24/1997 s. 33(1)(a). * * * * * S. 34(1)(x) substituted by No. 24/1997 s. 33(1)(g). (x) For appeals to the Metropolitan Fire and Emergency Services Appeals Commission, including the period and procedure for making an appeal; S. 34(1)(xa) inserted by No. 24/1997 s. 33(1)(g). (xa) For hearings under section 78C; (y) and generally for the purposes of carrying into effect the objects of this Act. S. 34(2) inserted by No. 7885 s. 4(c). s. 34 (2) The regulations may prescribe in respect of any insurance or class of insurance— (a) an amount in respect of the premium payable; or (b) a proportion of the premium payable— which shall in respect of that insurance or class of insurance for the purposes of this Act be the portion of the premium that is properly attributable to insurance against fire. S. 34(3) inserted by No. 39/1992 s. 23(3), amended by No. 24/1997 s. 33(2). (3) Regulations made under this Act may be disallowed in whole or in part by resolution of either House of the Parliament in accordance with the requirements of section 23 of the Subordinate Legislation Act 1994, which disallowance shall be deemed disallowance by Parliament for the purposes of that Act. S. 35 amended by No. 6886 s. 3, repealed by No. 24/1997 s. 34. * * * * *
(3) The return must include a statutory declaration made by the manager, secretary, agent or other person for the time being performing the duties of the manager, secretary or agent of the company to the effect that according to the books of the company and to the best of his or her knowledge and belief the return contains a true statement of the amount of gross premiums. S. 40(4) inserted by No. 51/2005 s. 70(2). (4) The statutory declaration made under subsection (3) must include a statement as to the amount collected by the insurance company as being on account of a fire service levy however described in any policy document, certificate of insurance, renewal notice or premium invoice. S. 40(5) inserted by No. 51/2005 s. 70(2). (5) 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 company. S. 40(6) inserted by No. 51/2005 s. 70(2). (6) In subsection (5), 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 of reducing the premium payable to the insurance company. S. 40A inserted by No. 91/1989 s. 5(2), amended by No. 24/1997 s. 59. 40A Determination of provisional contributions s. 40A The Board must issue a determination of the provisional contribution of each insurance company as follows— (a) for the quarter beginning 1 July— (i) the aggregate of all provisional contributions by all insurance companies must equal 25% of the total amount to be contributed by insurance companies under section 37(1)(c); and
intermediary or the owner to pay that new amount instead of the amount payable under section 44A; or (b) if the contribution under section 44A has been paid to the Board, refund to the insurance intermediary or owner the difference between the contribution paid under section 44A and the new amount. S. 45(4) inserted by No. 49/2002 s. 28. (4) It is sufficient compliance with section 44A(3)(b) if an insurance intermediary or the owner of a property pays an amount required under subsection (3) to be paid by that insurance intermediary or owner. S. 45A inserted by No. 49/2002 s. 29. 45A Disclosure of information by Board s. 45A S. 45A(1) amended by No. 73/2010 s. 57. (1) The Board may disclose to the Secretary to the Department of Justice, the Secretary to the Department of Treasury and Finance or the Fire Services Commissioner or otherwise publish in any manner the Board thinks fit any information obtained by the Board under section 38, 40, 41, 42, 44A or 45. S. 45A(2) amended by No. 73/2010 s. 57. (2) The Secretary to the Department of Justice, the Secretary to the Department of Treasury and Finance or the Fire Services Commissioner may publish in any manner the Secretary or Commissioner thinks fit any information disclosed to the Secretary or Commissioner by the Board under subsection (1). (3) Nothing in subsection (1) or (2) permits the disclosure or publication of information that could lead to the identification of an individual. (4) The Board may disclose to a member of the police force any information obtained by the Board
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
(3) If Lloyd's fails to comply with subsections (1) and (2), section 44A applies to Lloyd's. (4) Lloyd's must at the same time that it provides a notice of changes to the Australian Fire Brigades Charges Scheme to signatories under clause 16 of the 1982 Agreement, provide a copy of the notice of changes to the Minister. 60 penalty units. Nos 3682 s. 72, 5040 s. 18. 70 Owner to give information as to insurance s. 69A S. 70(1) amended by Nos 7926 s. 5(c), 43/1987 s. 6(2), 50/1989 s. 38(a)(b), 24/1997 s. 46(a)(b) (as amended by No. 74/2000 s. 3(Sch. 1 item 48)). (1) The owner of a house or building in the metropolitan district where a fire occurs shall on being requested so to do by any member of the Board or by the Chief Officer or any employee of the Board make a statutory declaration to the member, officer or employee as to whether such house or building is insured or not, and at the like request shall declare to the member, officer or employee full particulars of the insurance (if any) thereon including the name of the company with which the insurance is effected and the amount of such insurance and the details of any excess applying to that insurance. S. 70(2) amended by No. 50/1989 s. 38(c). (2) The owner of any personal property which is in any house or building or on any premises in the metropolitan district where a fire occurs or which is destroyed or damaged by fire shall at the like request make a statutory declaration giving the like information and the like particulars as are required to be given with respect to a house or building as hereinbefore provided.
proprietor of an estate in fee-simple or of a leasehold estate held of the Crown in the land; (c) evidence by the certificate of the or a Deputy Registrar-General authenticated by the seal of the that the person appears from the memorial of any deed, conveyance or instrument to be the last registered owner of the land. Nos 3682 s. 79, 5040 s. 18. S. 77 substituted by No. 2/1995 s. 21. 77 Recovery and application of penalties s. 77 (1) Subject to section 92, any penalty for an offence committed against section 91 may be recovered— (a) if the fire prevention notice was served by a fire prevention officer, in accordance with section 232 of the Local Government Act 1989; S. 77(1)(b) substituted by No. 24/1997 s. 49(1), amended by No. 5/2012 s. 92(1). (b) if the fire prevention notice was served by the Chief Officer, by any person authorised by the Board. S. 77(2) amended by Nos 24/1997 s. 49(2), 5/2012 s. 92(2). (2) Any penalty for an offence committed against any other provision of this Act or the regulations may be recovered by any person authorised by the Board. (3) All penalties recovered for offences committed against section 91, including penalties recovered under section 92, are to be paid— (a) if the fire prevention notice was issued by a fire prevention officer, to the relevant municipal council; 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.
Heading preceding s. 78A inserted by No. 8019 s. 7. Discipline S. 78A inserted by No. 8019 s. 7, amended by No. 24/1997 s. 51. 78A Offences by officers or members A member of the operational staff who is— s. 78A (a) guilty of any breach of the regulations; (b) guilty of any misconduct; (c) negligent or careless in the discharge of his duties; (d) inefficient or incompetent and such inefficiency or incompetence arises from causes within his own control; or (e) guilty of any disgraceful or improper conduct— shall be guilty of an offence. S. 78B inserted by No. 8019 s. 7, amended by Nos 43/1987 s. 14(2)(i) (i)–(iii), 50/1989 s. 41(a)–(c), substituted by No. 24/1997 s. 52. 78B Laying of charges (1) A member of the senior operational staff may, after an investigation, lay a charge for an offence under section 78A. (2) The Chief Executive Officer may suspend from duty with pay any person charged under subsection (1) until the charge is dealt with under section 78D. S. 78C inserted by No. 24/1997 s. 52. 78C Hearing of charges (1) The Chief Executive Officer must hear a charge laid under section 78B. S. 78C(2) amended by No. 18/2005 s. 18(Sch. 1 item 68). (2) A member of the operational staff and any other party to the hearing is entitled to be represented at the hearing of the charge by an Australian legal practitioner (within the meaning of the Legal Profession Act 2004) or other person.
S. 81(1) amended by Nos 7154 s. 2(a)(i)(ii), 8019 s. 9(b), 8760 s. 2(a)(i)(ii), 2/1995 s. 22(a), 24/1997 s. 57(1). (1) Every employee of the Board who has had ten years service shall be entitled to be granted by the Board three months long service leave with pay in respect of that period of ten years service and one and a half months long service leave with pay in respect of each additional period of five completed years of service. S. 81(2) amended by Nos 7154 s. 2(b)(i)–(iii), 8760 s. 2(b) (i)–(iv), 2/1995 s. 22(a), 24/1997 s. 57(1). (2) Where— S. 81(2)(a) amended by Nos 2/1995 s. 22(a), 24/1997 s. 57(1). (a) the employment with the Board of any employee ceases on account of— (i) age; or S. 81(2)(a)(ii) amended by No. 8760 s. 2(c)(ii). (ii) ill health as to which he produces to the Board satisfactory evidence that it is likely to be permanent and is not due to misconduct or to causes within his own control; or S. 81(2)(b) amended by Nos 8760 s. 2(c)(ii), 2/1995 s. 22(a). (b) an officer or employee of the Board dies— S. 81(2)(c) repealed by No. 8760 s. 2(d). * * * * * that employee shall be entitled, or (in the case of death) shall be deemed to have been entitled, to be granted by the Board— s. 81
S. 92 inserted by No. 2/1995 s. 18. 92 Fire prevention infringement notices S. 92(1) amended by Nos 32/2006 s. 94(Sch. item 32(1)), 5/2012 s. 98(1). s. 92 (1) An authorised officer may serve a fire prevention infringement notice on a person the officer has reason to believe has committed an offence against section 91. S. 92(1A) inserted by No. 32/2006 s. 94(Sch. item 32(2)). (1A) An offence referred to in subsection (1) for which a fire prevention infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. S. 92(2) substituted by No. 32/2006 s. 94(Sch. item 32(3)). (2) In addition to and without limiting section 12 of the Infringements Act 2006, a fire prevention infringement notice under subsection (1) may be served in accordance with section 88(1). S. 92(3) repealed by No. 32/2006 s. 94(Sch. item 32(4)), new s. 92(3) inserted by No. 5/2012 s. 98(2). (3) The infringement penalty for an offence against section 91 is 10 penalty units. S. 92(4)–(7) repealed by No. 32/2006 s. 94(Sch. item 32(4)). * * * * * (8) In this section, authorised officer means— (a) if the fire prevention notice was served by a fire prevention officer, a person appointed for the purpose by the relevant municipal council; S. 92(8)(b) amended by No. 24/1997 s. 56. (b) if the fire prevention notice was served by the Chief Officer, a person appointed for the purpose by the Chief Officer.
Assent Date: 18.11.75 Commencement Date: 18.11.75 : All of Act in operation Statute Law Revision Act 1977, No. 9019/1977 Assent Date: 17.5.77 Commencement Date: 17.5.77 : All of Act in operation Metropolitan Fire Brigades (Amendment) Act 1981, No. 9599/1981 Assent Date: 24.11.81 Commencement Date: 24.11.81 : All of Act in operation Metropolitan Fire Brigades (Amendment) Act 1982, No. 9727/1982 Assent Date: 22.6.82 Commencement Date: 22.6.82 : All of Act in operation Fire Authorities Act 1983, No. 9928/1983 Assent Date: 28.6.83 Commencement Date: S. 13 on 29.6.83: Government Gazette 29.6.83 p. 1889; rest of Act on 20.7.83: Government Gazette 20.7.83 p. 2291 : All of Act in operation Metropolitan Fire Brigades (Amendment) Act 1984, No. 10043/1984 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 Fire Authorities Act 1984, No. 10149/1984 (as amended by No. 10173) 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 Endnotes 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
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