S. 3(1) def. of Fair Work Australia inserted by No. 74/2009 s. 9(1). Fair Work Australia has the same meaning as in the Fair Work Act 2009 of the Commonwealth; S. 3(1) def. of federal award or agreement inserted by No. 74/2009 s. 9(1). federal award or agreement means— (a) a modern award within the meaning of the Fair Work Act 2009 of the Commonwealth; or (b) a determination of Fair Work Australia made under the Fair Work Act 2009 of the Commonwealth; or (c) an award-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or (d) a transitional minimum wage instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or (e) an enterprise agreement made under the Fair Work Act 2009 of the Commonwealth; or (f) an agreement-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; S. 3(1) def. of financial year repealed by No. 10149 s. 4(f). * * * * *
S. 3(1) def. of fire services agency inserted by No. 73/2010 s. 41, amended by No. 73/2013 s. 79(d). fire services agency has the same meaning as in the Emergency Management Act 2013; S. 3(1) def. of Fire Services inserted by No. 73/2010 s. 41, repealed by No. 73/2013 s. 79(c). * * * * * S. 3(1) def. of fire services reform action plan inserted by No. 73/2010 s. 41, repealed by No. 73/2013 s. 79(c). * * * * * S. 3(1) def. of forest substituted by No. 6956 s. 2(1)(e). forest means State forest within the meaning of section three of the Forests Act 1958; S. 3(1) def. of forest officer inserted by No. 6956 s. 2(1)(f), substituted by No. 41/1987 s. 103(Sch. 4 item 8.2). forest officer means a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of the Forests Act 1958; S. 3(1) def. of group of brigades inserted by No. 5/2012 s. 3(j). group of brigades means a group of brigades registered by the Authority under section 23A(3);
S. 3(1) def. of insurance company substituted by Nos 7885 s. 11(b), 5/1991 s. 3(1), amended by Nos 2/1995 s. 13(a)(ii), 51/2005 s. 59(2), repealed by No. 58/2012 s. 94. * * * * * S. 3(1) def. of insurance intermediary inserted by No. 5/1991 s. 3(1), substituted by No. 9/2002 s. 3(Sch. item 3), amended by No. 51/2005 s. 59(3), repealed by No. 58/2012 s. 94. * * * * * S. 3(1) def. of insured repealed by No. 7885 s. 11(c). * * * * * S. 3(1) def. of international fire brigade inserted by No. 5/2012 s. 3(j). international fire brigade means— (a) a fire brigade or unit (however described); or (b) any other agency or organisation constituted for the purpose of fire management or which has a fire management role; or (c) any other emergency services organisation— established outside Australia;
S. 3(1) def. of Minister substituted by No. 9389 s. 4(a)(i), repealed by No. 10149 s. 4(h). * * * * * S. 3(1) def. of municipal district repealed by No. 12/1989 s. 4(1)(Sch. 2 item 17.2). * * * * * 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;
No. 5040 s. 7. 8 Term of office of members S. 8(1) amended by Nos 7261 s. 3(2), 8813 s. 3, 77/2000 s. 6(a). (1) The members of the Authority shall subject to this Act be appointed to hold office for such term not exceeding three years as the Governor in Council determines before appointment, but any person appointed a member of the Authority shall upon expiration of the term for which he is so appointed be eligible for re-appointment if then qualified. (2) The Governor in Council may at any time remove any member of the Authority from office. S. 8(3) substituted by No. 77/2000 s. 7. (3) The office of a member of the Authority becomes vacant if the member— (a) without the permission of the Authority, is absent from 4 consecutive meetings of the Authority; or (b) becomes bankrupt; or (c) accepts or holds an office of profit or place of profit under the Authority; or (d) resigns by writing signed and addressed to the Governor in Council; or (e) becomes permanently incapable of performing the duties of the office of member; or (f) is convicted in of an offence punishable on first conviction with imprisonment for a term of 12 months or more or is elsewhere convicted of an offence which, if committed in , would be so punishable. 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 (Heading) inserted by No. 41/2014 s. 4(a). S. 9 substituted by No. 7261 s. 3(1). 9 Chairperson S. 9(1) amended by No. 42/1995 s. 224(Sch. 2 item 10), repealed by No. 77/2000 s. 6(b). * * * * * S. 9(2) amended by No. 41/2014 s. 4(b). (2) The chairperson 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), 41/2014 s. 4(c). (3) At any meeting of the Authority at which the chairperson or deputy chairperson or, where a member has been appointed to act in the place of the deputy chairperson, the acting deputy chairperson is not present a person elected for the purpose by the members present at the meeting shall act as chairperson at the meeting and may exercise the powers conferred on the chairperson by this Act.
Authority, by proclamation published in the Government Gazette— (a) proclaim parts of the country area of as fire control regions for the purposes of this Act; S. 15(1)(b) repealed by No. 39/1992 s. 4(1)(a). * * * * * S. 15(1)(c) amended by No. 39/1992 s. 4(1)(b). (c) abolish or in any way vary the area of any such region. (2) A proclamation under paragraph (a) of subsection (1) shall specify the ordinal number by which each fire control region shall be known. S. 16 substituted by No. 8257 s. 3, amended by No. 39/1992 s. 4(2)(d)(i)(ii). 16 Effect of alteration of municipal boundaries Where the boundaries of a region are defined by reference to the boundaries or any portions of the boundaries of a municipal district, any alteration of the boundaries or relevant portions of the boundaries of the municipal district shall correspondingly alter the boundaries of the region concerned. S. 16A inserted by No. 77/2000 s. 9. 16A Chief Executive Officer (1) The Authority must, with the approval of the Minister, appoint a person as Chief Executive Officer of the Authority. (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 Authority for the carrying out of its functions. (4) The Chief Executive Officer must comply with the directions of the Authority.
S. 16B inserted by No. 77/2000 s. 9. 16B Acting Chief Executive Officer (1) The Authority must appoint a person to be the Acting Chief Executive Officer of the Authority— (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. S. 16C inserted by No. 77/2000 s. 9. 16C Delegation of powers of Chief Executive Officer 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 Authority, 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 5040 s. 17(1), 5651 s. 2(1)(b). S. 17 substituted by No. 6956 s. 3, amended by Nos 7877 s. 3(b), 9629 s. 3, 10004 s. 5, 50/1989 s. 9(a), substituted by No. 39/1992 s. 5(1), amended by No. 24/1997 s. 6. 17 Officers and employees The Authority may from time to time appoint and may at any time transfer, suspend or remove— (a) a Chief Officer; and (b) such number of Deputy Chief Officers as the Authority considers necessary; and (c) such other officers and employees at the classifications and in the numbers as the Authority considers necessary.
Nos 5040 s. 41, 5191 s. 29, 5651 s. 2(1)(h). S. 40 amended by Nos 6726 s. 2, 6956 s. 11(a)–(c), 7877 s. 21(b), 8019 s. 10(b)(i) (iii), 8614 s. 3(a)(b)(i)(ii) (c), 9178 s. 7, 9389 ss 2(a) (i)(ii)(b)(c), 4(a)(ii), 9488 s. 2(b), substituted by No. 10004 s. 9. 40 Provisions about total fire bans (1) The Authority may when it thinks fit declare a day or partial day of total fire ban in respect of the whole or any part or parts of and may at any time amend or revoke such a declaration. (2) The Authority shall cause to be broadcast from a broadcasting station in any declaration made under subsection (1) and any amendment to or revocation of any such declaration. S. 40(2A) inserted by No. 17/2003 s. 6(1). (2A) The Authority may transmit by electronic means a declaration or any amendment or revocation of a declaration to a broadcasting station for broadcasting under subsection (2). S. 40(3) amended by Nos 50/1989 s. 9(b), 77/2000 s. 10. (3) The Chief Executive Officer of the Authority may authorize in writing the Chief Officer or an officer exercising the powers of the Chief Officer (either generally or in a particular instance) to cause any broadcast referred to in subsection (2) and may withdraw any such authority by notice in writing. S. 40(4) amended by Nos 10235 s. 11(d), 5/2012 s. 29(1). (4) Notwithstanding the provisions contained in section 38 or 38A, a person in a part of where and at a time when a declaration of total fire ban applies— (a) shall not light a fire in the open air or allow a fire in the open air to remain alight; or (b) use or leave in operation any producer-gas equipment on or in connexion with any vehicle. Penalty: 240 penalty units or imprisonment for 2 years or both.
(3) Subject to the general direction of the Authority and the Chief Officer, the officers and members of any brigade, with the consent of the relevant owner, occupier, Minister, council or authority, may carry out any work (including burning) that the officer in charge of the brigade thinks necessary or expedient for the prevention of the occurrence or spread of fire. S. 42(4) inserted by No. 24/1997 s. 12(6), substituted by No. 41/2014 s. 6. (4) Subject to the general direction of the Authority and the Chief Officer, the officers and members of an industry brigade may assist other brigades in carrying out any work under subsection (1) if— (a) the officer in charge of the relevant brigade has made a request for assistance to the officer in charge of the industry brigade; and (b) the relevant owner or group of relevant owners in relation to the industry brigade have agreed to the industry brigade providing assistance. Nos 5040 s. 44, 5191 s. 32. S. 43 amended by No. 12/1989 s. 4(1)(Sch. 2 items 17.22–17.25), substituted by No. 2/1995 s. 8. 43 Duties and powers of councils and public authorities in relation to fire (1) In the country area of Victoria it is the duty of every municipal council and public authority to take all practicable steps (including burning) to prevent the occurrence of fires on, and minimise the danger of the spread of fires on and from— (a) any land vested in it or under its control or management; and (b) any road under its care and management. (2) A municipal council or public authority may— (a) acquire any equipment; (b) do any thing;
No. 5191 s. 3. 51 Definition 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
No. 5191 s. 14. S. 62 substituted by No. 50/1989 s. 18(1). 62 Definitions In this Part— S. 62 def. of casual substituted by No. 24/1997 s. 12(7), amended by No. 5/2012 s. 43(a). casual fire-fighter means any person (other than an enrolled officer or member of any brigade, including an industry brigade) who without remuneration or reward voluntarily engages in fire-fighting at any fire in or outside Victoria with a Victorian brigade or group of brigades (other than an industry brigade)— (a) at the request of an officer in charge of operations at the fire addressed to that person or to an organisation of which he or she is a member or employee; or (b) with the express or implied approval of an officer in charge of operations at the fire. fire-fighting at any fire means— (a) performing under the control or direction of the officer in charge of operations at the fire any act or operation at or about the scene of the fire which is necessary or expedient for or directed towards the suppression of the fire, or the prevention of the spread of the fire, or the saving of life or property, or the treatment of persons injured at the fire, or the provision of sustenance for persons performing those acts or operations; and (b) proceeding at the direction or request (whether directly or indirectly) of that officer to the scene of the fire exclusively for the purposes of
S. 74C inserted by No. 24/1997 s. 10. 74C Membership of Commission (1) The Commission consists of up to 3 Commissioners appointed by the Governor in Council. (2) One of the Commissioners is to be appointed as Senior Commissioner. S. 74D inserted by No. 24/1997 s. 10. 74D Term of appointment (1) Subject to this Act, a Commissioner holds office for the period, not exceeding 3 years, specified in the instrument of his or her appointment. (2) A Commissioner is eligible for reappointment. S. 74E inserted by No. 24/1997 s. 10, amended by Nos 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 5)), 5/2012 s. 44. 74E Remuneration and allowances A Commissioner (other than an employee of the public service) is entitled to receive— (a) remuneration; and (b) travelling or other allowances— as are fixed by the Governor in Council. S. 74F inserted by No. 24/1997 s. 10, amended by No. 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 5)), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 46.5), 80/2006 s. 26(Sch. item 21.3). 74F Application of Public Administration Act 2004 The Public Administration Act 2004 (other than Part 3 of that Act) applies to a Commissioner in respect of the office of Commissioner. S. 74G inserted by No. 24/1997 s. 10. 74G Vacancies
No. 5040 s. 49. S. 75 amended by No. 6583 s. 9, substituted by No. 43/1987 s. 9(1)(a). 75 Annual estimate of expenditure and revenue S. 75(1) substituted by No. 58/2012 s. 96, amended by No. 43/2015 s. 31(1). (1) For the purposes of enabling the Minister administering the Fire Services Property Levy Act 2012 to determine the levy rate under that Act, the Authority must provide the Minister with an estimate of— (a) the expenditure which may be incurred by the Authority in the execution of this Act during the next financial year (including any amounts payable into any fund under this Act); and (b) the revenue of the Authority during the next financial year (including the amounts payable into any fund under this Act). S. 75(1A) inserted by No. 58/2012 s. 96. (1A) The Authority must provide the Minister with an estimate under subsection (1) by the date specified by the Minister. S. 75(2) amended by No. 43/2015 s. 31(2) (2) The Minister must determine the total amounts of contributions payable under section 76 having regard to the estimates under subsection (1) and to any other matters as the Minister thinks fit.
provision of those services in accordance with the regulations. S. 87A inserted by No. 50/1989 s. 26(7). 87A Recovery of charges for services (1) Any money to be paid to the Authority as fees and charges for services provided by the Authority may be recovered by the Authority in any court of competent jurisdiction as a debt due to the Authority. S. 87A(2) amended by No. 39/1992 s. 12. (2) The Authority may on the application of any person who is liable in respect of an amount for services provided by the Authority, if the Authority considers it appropriate— (a) remit or excuse the payment of the amount or any part of the amount; or (b) defer the payment of the amount or any part of the amount for such time as the Authority thinks fit. Ss 88–90 repealed by No. 58/2012 s. 101(1). * * * * * S. 91 amended by Nos 7877 s. 21(e)(ii), 43/1987 ss 6(1), 14(1)(f), 24/1997 s. 12(8), 5/2012 s. 47, repealed by No. 58/2012 s. 101(1). * * * * *
S. 110(1)(b) amended by Nos 2/1995 s. 13(d), 74/2009 s. 9(4). (b) for the examination appointment training promotion suspension and removal of officers and employees of the Authority, and for regulating the duties and conduct of such officers and employees and the salaries wages or other remuneration and expenses of such officers and employees to whom no federal award or agreement applies; S. 110(1)(ba) inserted by No. 9629 s. 11(1), substituted by No. 24/1997 s. 11(2). (ba) for regulating appeals to the Country Fire Authority Appeals Commission, including the period and procedure for making an appeal; S. 110(1)(bb) inserted by No. 10149 s. 21(1)(t). (bb) for regulating the proceedings of regional fire prevention committees and the keeping of minutes of meetings of those committees, and prescribing the persons, whether or not members of the committees, to whom such minutes are to be distributed; S. 110(1)(bc) inserted by No. 10149 s. 21(1)(t). (bc) for regulating the proceedings of municipal fire prevention committees and the keeping of minutes of meetings of those committees, and prescribing the persons, whether or not members of the committees, to whom such minutes are to be distributed; (c) for the payment of salaries or wages or other remuneration and expenses to permanent and part-time officers and members of brigades; S. 110(1)(ca) inserted by No. 7877 s. 20(a). (ca) for the granting of leave of absence to volunteer officers and members of brigades; S. 110(1)(d) amended by No. 6583 s. 5(m)(i), substituted by No. 50/1989 s. 26(11). (d) for the provision of training or training facilities and the issue of any certificate or qualification after the completion of any course of training and the prescribing of the fees and charges payable in relation thereto;
(o) for providing for the attendance of brigades at fires on vessels and for the charges to be paid to the Authority by the owner or master of any such vessel in respect of such attendance; (p) for providing for the attendance of members of brigades and for the control of members of brigades while in attendance at public buildings and places where numbers of persons are assembled, and for the charges to be paid to the Authority in respect of such attendance; S. 110(1)(q) amended by Nos 50/1989 s. 3(e), 39/1992 s. 3(b). (q) for regulating and controlling the carriage of members of brigades and their apparatus to and from fire brigade competitions, and for the regulation of all fire brigade competitions; S. 110(1)(r) repealed by No. 50/1989 s. 26(12), new s. 110(1)(r) inserted by No. 39/1992 s. 15(2)(a). (r) for prescribing the insignia and uniforms to be worn by officers of the Authority; S. 110(1)(s) repealed by No. 50/1989 s. 26(12), new s. 110(1)(s) inserted by No. 39/1992 s. 15(2)(a). (s) for prescribing the use of the insignia of the Authority; S. 110(1)(t) amended by No. 39/1992 s. 15(2)(b). (t) for prescribing the insignia and uniforms to be worn by the various grades and classes of members of brigades when on duty; S. 110(1)(ta) inserted by No. 7877 s. 20(c). (ta) for prescribing the conditions under which uniforms may be retained on leaving a brigade;
Assent Date: 27.11.72 Commencement Date: Ss 1, 3, 4, 5(a) on 19.12.73: Government Gazette 19.12.73 p. 4037; s. 2 on 22.5.74: Government Gazette 22.5.74 p. 1711; s. 5(b) on 13.10.75: Government Gazette 8.10.75 p. 3483 : All of Act in operation Country Fire Authority (Amendment) Act 1974, No. 8614/1974 Assent Date: 10.12.74 Commencement Date: 10.12.74 : All of Act in operation National Parks Act 1975, No. 8702/1975 Assent Date: 16.5.75 Commencement Date: 1.12.75: Government Gazette 26.11.75 p. 3888 : All of Act in operation Constitution Act 1975, No. 8750/1975 Assent Date: 19.11.75 Commencement Date: 1.12.75: Government Gazette 26.11.75 p. 3888 : All of Act in operation Country Fire Authority (Constitution) Act 1975, No. 8813/1975 Assent Date: 9.12.75 Commencement Date: 9.12.75 : All of Act in operation Country Fire Authority (Amendment) Act 1976, No. 8933/1976 Assent Date: 14.12.76 Commencement Date: 14.12.76 : All of Act in operation Statute Law Revision Act 1977, No. 9019/1977 Assent Date: 17.5.77 Commencement Date: 17.5.77: subject to s. 2(2) : All of Act in operation Country Fire Authority (Borrowing Powers) Act 1978, No. 9118/1978 Assent Date: 16.5.78 Commencement Date: 16.5.78 : All of Act in operation Authority Act 1978, No. 9178/1978 Assent Date: 8.11.78 Commencement Date: 8.11.78 : All of Act in operation (Reserves) Act 1978, No. 9212/1978 Assent Date: 19.12.78 Commencement Date: 1.3.79: Government Gazette 21.2.79 p. 441 : All of Act in operation Country Fire Authority (Borrowing Powers) Act 1978, No. 9218/1978
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 Assent Date: 10.12.85 Commencement Date: S. 4(Sch.) on 1.3.86: Government Gazette 26.2.86 p. 451 : This information relates only to the provision/s amending the Country Fire Authority Act 1958 Courts Amendment Act 1986, No. 16/1986 Assent Date: 22.4.86 Commencement Date: S. 30(Sch.) on 1.7.86: Government Gazette 25.6.86 p. 2180 : This information relates only to the provision/s amending the Country Fire Authority Act 1958 Fire Authorities (Amendment) Act 1986, No. 45/1986 Assent Date: 20.5.86 Commencement Date: S. 7 on 1.11.86: s. 2(1); ss 1–6, 9–14 on 21.5.86: Government Gazette 21.5.86 p. 1484; s. 8 on 1.8.86: Government Gazette 30.7.86 p. 2945 : All of Act in operation Country Fire Authority (Amendment) Act 1986, No. 69/1986 Assent Date: 28.10.86 Commencement Date: 1.11.86: s. 2 : All of Act in operation Land Acquisition and Compensation Act 1986, No. 121/1986