Metropolitan Fire Brigades (General) Interim Regulations 2016
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Metropolitan Fire Brigades (General) Interim
Regulations 2016
S.R. No. 129/2016
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objective 1
2 Authorising provision 2
3 Commencement 2
4 Revocations 2
5 Definitions 2
Part 2—The Board 3
6 Insignia of the Board 3
7 Service for the purpose of long service leave 3
Part 3—Management of employees of the Board 5
Division 1—Appointment 5
8 Appointments by Board 5
Division 2—Restrictions on other employment 5
9 Members of operational staff not to hold other employment 5
Division 3—Fitness for duty 6
10 Fitness for duty 6
Division 4—Promotion 6
11 Promotion 6
Division 5—Discipline 7
12 General orders 7
13 Prohibitions on members 7
14 Charges for offences 8
Division 6—Metropolitan Fire and Emergency Services Appeals
Commission 8
15 Time for notice of appeals 8
16 Process for appeals 9
17 Register to be kept 10
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Part 4—Fees and charges for Board services 11
18 Emergency attendances 11
19 Additional costs of hazardous material incidents and toxic fire
incidents 12
20 Property protection or loss mitigation services 13
21 Road accident rescue services 13
Part 5—Fire prevention 15
22 Fire prevention notices 15
Part 6—Alarm monitoring information 16
23 Information in the case of an alarm pre-connection 16
24 Information in the case of alarm connection 17
25 Information in the case of an alarm modification 18
26 Information in the case of an alarm disconnection 19
27 Information in the case of failure of alarm monitoring system 20
28 Isolation and testing data 20
29 Information for verification purposes 20
Part 7—Expiry of Regulations 22
30 Expiry 22
Schedule 1—Regulations revoked 23
Schedule 2—Insignia of the Metropolitan Fire and Emergency
Services Board 24
Schedule 3—Fees and charges for board services 25
Schedule 4—Fire prevention notice 26
Schedule 5—Notice to owners or occupiers of land 27
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Endnotes 28
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
STATUTORY RULES 2016
S.R. No. 129/2016
Metropolitan Fire Brigades Act 1958
Metropolitan Fire Brigades (General) Interim
Regulations 2016
The Governor in Council makes the following Regulations:
Dated: 18 October 2016
Responsible Minister:
JAMES MERLINO
Minister for Emergency Services
ANDREW ROBINSON
Clerk of the Executive Council
Part 1—Preliminary
1 Objective
The objective of these Regulations is to provide
for—
(a) the management of employees of the Board;
and
(b) the operation and administration of the
Metropolitan Fire and Emergency Services
Appeals Commission; and
(c) fees and charges levied by the Board; and
(d) other matters authorised by the
Metropolitan Fire Brigades Act 1958 to be
prescribed by regulation.
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Part 1—Preliminary
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2 Authorising provision
These Regulations are made under section 34 of
the Metropolitan Fire Brigades Act 1958.
3 Commencement
These Regulations come into operation on
24 October 2016.
4 Revocations
The Regulations listed in Schedule 1 are revoked.
5 Definitions
In these Regulations—
appellant means an operational staff member who
appeals against a decision of the Board under
section 79H of the Act;
appliance means any firefighting or emergency
response vehicle that is used by operational
staff members;
Commission means the Metropolitan Fire and
Emergency Services Appeals Commission
established under section 79 of the Act;
general order means a general order issued under
regulation 12;
Registrar means a Registrar appointed by the
Commission;
the Act means the Metropolitan Fire Brigades
Act 1958.
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Part 2—The Board
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Part 2—The Board
6 Insignia of the Board
(1) The insignia set out in Schedule 2 is the insignia
for the purposes of section 75A(4) of the Act.
(2) The insignia may be used—
(a) on clothing worn by the Chief Officer,
operational staff or any other person acting
in the lawful execution of a power conferred
by the Act or these Regulations; or
(b) on any other property whatever used for the
purposes of the Act or these Regulations.
7 Service for the purpose of long service leave
(1) For the purposes of paragraph (b) of the definition
of service in section 80(1) of the Act—
(a) a prescribed office is any office in the public
sector within the meaning of the Public
Administration Act 2004; and
(b) the prescribed extent of service is the extent
to which that service—
(i) is continuous with service as an officer
or employee of the Board; and
(ii) is service in respect of which long
service leave or pay in lieu of the
service has not been granted.
(2) For the purposes of subregulation (1)(b)—
(a) service in any office or employment
prescribed in subregulation (1)(a) is taken to
be continuous with service as an officer or
employee of the Board if service as an
officer or employee of the Board commences
not more than 4 weeks (or any longer period
the Board having regard to any special
circumstances relating to any officer or
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Part 2—The Board
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employee may determine) from termination
of the service prescribed in subregulation
(1)(a); and
(b) the relevant extent of any service includes
any period of war service in the armed
forces of the Commonwealth of Australia
that ended not more than 12 months before
commencement of any other service or
employment which under this regulation
entitles the officer or employee to long
service leave.
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Part 3—Management of employees of the Board
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Part 3—Management of employees
of the Board
Division 1—Appointment
8 Appointments by Board
(1) An applicant for appointment by the Board must
provide the Board with any necessary authority
for the Board to conduct a criminal record search
and any other enquiries about the applicant that
are relevant to the applicant's suitability for
appointment.
(2) An applicant for appointment as an employee of
the Board must satisfy a medical officer approved
by the Board of the applicant's fitness for service
in the role for which the application is made.
Division 2—Restrictions on other employment
9 Members of operational staff not to hold other
employment
Subject to section 78E(1) of the Act, an
operational staff member who is an employee of
the Board must not at any time, including periods
of annual leave, long service leave or sick leave,
engage in any employment or business as an
employee or principal other than his or her
employment by the Board if that employment—
(a) affects the employee's ability to perform
duties as an employee of the Board; or
(b) conflicts with the interests, objectives,
policies or functions of the Board
commercially or otherwise—
without the prior written consent of the Board.
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Division 3—Fitness for duty
10 Fitness for duty
Operational staff members must on the request of
any senior operational staff member satisfy a
medical officer approved by the Board that they
are fit to discharge their duties.
Division 4—Promotion
11 Promotion
(1) The Board may promote operational staff
members.
(2) A promotion by the Board under subregulation (1)
must be made on the basis of merit as defined in
section 79P(3) of the Act.
(3) An applicant for promotion must satisfy a
medical officer approved by the Board of the
applicant's fitness for service in the role for which
application for promotion has been made.
(4) The Chief Officer must give not less than
one month's notice of the intention to accept
applications for promotion to all positions other
than senior positions.
(5) Every promotion of an operational staff member
must be notified as soon as practicable to
operational staff.
(6) A promotion made by the Board that is subject
to the jurisdiction of the Commission becomes
effective—
(a) if a member of the operational staff appeals
to the Commission under section 79H(c) of
the Act in relation to a promotion, only after
the appeal has been heard and determined; or
(b) in all other cases, when the time for
appealing expires.
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Division 5—Discipline
12 General orders
(1) The Chief Officer may issue to operational staff
any general orders the Chief Officer considers to
be desirable.
(2) An operational staff member must comply with
a general order applying to him or her.
(3) The Board must keep a current General Order
Book containing a signed copy of each general
order issued under subregulation (1).
(4) A copy of the General Order Book must be kept
and be accessible including by means of electronic
communication at each place at which operational
staff members are based.
13 Prohibitions on members
An operational staff member must not—
(a) disobey or fail to carry out a general order
or any lawful order given in the course of his
or her duty whether the order is in writing or
not; or
(b) exceed or misuse the member's authority; or
(c) wilfully cause or allow loss, damage or
injury to occur to any person or property; or
(d) when on duty, partake in or be under the
influence of or affected by any intoxicating
liquor, narcotic, hallucinogen, medication or
substance that could or is likely to impair,
limit or affect the member's performance of
duty; or
(e) when on duty have any of the substances
referred to in paragraph (d) in his or her
possession or at the workplace; or
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(f) act in a manner that is likely to bring
discredit to the reputation of the Board
or diminish public confidence in it; or
(g) be found guilty of having committed an
indictable offence when on duty; or
(h) be found guilty of having committed an
indictable offence under Division 2 of Part I
of the Crimes Act 1958 when not on duty if
the offence involved dishonesty, corruption,
intent to deceive or defraud or trespass.
14 Charges for offences
(1) If an operational staff member is charged with an
offence under section 78A of the Act, the Chief
Executive Officer must ensure that the member is
given 7 days' written notice of the particulars of
the charge and the time and place of the hearing of
that charge under section 78C of the Act.
(2) The Chief Executive Officer must cause an
operational staff member charged with an offence
under section 78A of the Act to be given notice in
writing of the decision made at the hearing of the
charge.
(3) A notice under this regulation may be given
personally or may be served by post on the
member at the member's last known place of
residence.
Division 6—Metropolitan Fire and Emergency
Services Appeals Commission
15 Time for notice of appeals
(1) An appellant must give notice of an appeal under
section 79H of the Act in writing not later than
14 days after the appellant is notified of the matter
appealed against.
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(2) The Commission may, on the application in
writing of an operational staff member, extend the
time for making an appeal if the Registrar has not
received notice of an appeal in compliance with
subregulation (1).
16 Process for appeals
(1) A notice of appeal given under regulation 15(1)
must—
(a) clearly state the grounds of the appeal; and
(b) give full particulars of every ground on
which the appellant relies; and
(c) provide an address for service for the
appellant.
(2) Copies of—
(a) correspondence or other documents (if any);
(b) statements of fact—
relating to the subject matter of the appeal must be
attached to the notice of appeal.
(3) The Registrar must forward to the Board a copy of
the notice of appeal and copies of any documents
or statements attached to the notice.
(4) The Registrar must refer the appeal to the
Commission.
(5) The Senior Commissioner must advise the
Registrar of the time and place of the hearing of
the appeal.
(6) The Registrar must give the Board and the
appellant not less than 14 days' notice of the time
and place of the hearing of the appeal.
(7) Notice to the appellant under subregulation (6)
may be served by post on the appellant at the
appellant's last known place of residence or at the
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address for service specified in the appellant's
notice of appeal.
17 Register to be kept
(1) The Commission must keep a Register in
which the particulars of each appeal and the
Commission's determination are kept.
(2) Every entry in the Register must be signed by
the Senior Commissioner or the Commissioner
who heard the appeal.
(3) If the Commission determines an appeal it must
cause a document recording its determination
and signed by the Senior Commissioner or the
Commissioner who heard the appeal to be
delivered to the Board and to the appellant.
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Part 4—Fees and charges for Board services
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Part 4—Fees and charges for Board services
18 Emergency attendances
(1) The following persons are liable to pay to the
Board fees and charges—
(a) the owner, occupier or owners corporation of
premises on which is installed—
(i) an automatic fire alarm system; or
(ii) equipment designed to detect a fire
or other emergency conditions and
transmit a signal of that detection—
for the attendance of a unit in response to a
false alarm of fire given by or originating
from that system or equipment if the Board
is not satisfied that there was a reasonable
excuse for the occurrence of a false alarm;
(b) if ordered to do so by a court, a person who
has been convicted of giving or causing to be
given a false report of fire under section 33
of the Act for the attendance of a unit in
response to the false report;
(c) the owner or master of a vessel for the
attendance of a unit in response to a fire on
the vessel;
(d) in respect of an attendance of a unit in
response to a hazardous material incident
or toxic fire incident—
(i) the owner or occupier of premises at
which the incident occurred; or
(ii) if the incident occurred on a street,
road or highway (however described),
the owner or driver of the vehicle
transporting the materials involved in
the incident;
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(e) in respect of an attendance of a unit in
special circumstances requiring the
protection of life or property in case of
fire, the person requiring the attendance or
owner or occupier, as the case may be.
(2) The fees and charges to be paid to the Board are
set out in item 1 of Schedule 3 and are payable for
each appliance in attendance for each 15 minutes
(or part of 15 minutes) during which the appliance
is absent from its station.
19 Additional costs of hazardous material incidents
and toxic fire incidents
(1) A person who is liable to pay a fee under
regulation 18(1)(d) for the attendance of a unit
in response to a hazardous material incident or
toxic fire incident is, in addition to the fee
required under that regulation, liable to pay to the
Board any additional costs incurred by the Board
calculated in accordance with subregulation (2).
(2) Additional costs of attending a hazardous
material incident or toxic fire incident are the
costs incurred by the Board in attending or
dealing with the effects of attending the incident
and include the following—
(a) the cost of obtaining advice as to the
chemical analysis and environmental impact
of materials involved in the incident or its
containment;
(b) the cost of testing, cleaning, maintaining,
repairing or replacing protective equipment;
(c) the cost of products purchased for, or
consumed in, neutralising the hazard
involved in the incident;
(d) the cost of hiring equipment and vehicles to
deal with the hazard involved in the incident.
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20 Property protection or loss mitigation services
Subject to any direction of the Minister under
section 8 of the Act, the charges set by the Board
from time to time under section 55C of the Act
may be such charges as the Board thinks fit.
21 Road accident rescue services
(1) In respect of road accident rescue services
provided to people entitled to compensation
under section 60(2)(a) of the Transport Accident
Act 1986, the Board may charge the Transport
Accident Commission the fees agreed with the
Transport Accident Commission.
(2) In respect of road accident rescue services
provided to people entitled to compensation under
section 99(1)(a) of the Accident Compensation
Act 1985 in relation to injuries sustained before
1 July 2014, the Board may charge the person or
body responsible for payment of compensation
under that section the fees agreed with that person
or body.
(3) In respect of road accident rescue services
provided to people entitled to compensation
under section 224(1)(a) of the Workplace Injury
Rehabilitation and Compensation Act 2013 in
relation to injuries sustained on or after 1 July
2014, the Board may charge the person or body
responsible for payment of compensation under
that section the fees agreed with that person or
body.
(4) The fees agreed to under subregulations (1), (2)
and (3) must take into account all relevant facts
including—
(a) the relevant portion of the purchase or
replacement cost of vehicles, equipment and
protective clothing used to provide the
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services and other items used for the
services; and
(b) the operating costs of providing the services,
including maintenance costs and the cost of
employing staff to operate the services; and
(c) the organisational costs, including the cost of
training people to provide the services, the
co-ordination of the services, the welfare
of people providing the services and the
corporate support costs incurred in providing
the services and any other costs incurred in
providing the services.
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Part 5—Fire prevention
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Part 5—Fire prevention
22 Fire prevention notices
(1) For the purpose of section 87(3) of the Act, a fire
prevention notice must be in the form set out in
Schedule 4.
(2) For the purposes of section 88(3)(b) of the Act—
(a) the notice to be published in the relevant
newspaper must be in the form set out in
Schedule 5; and
(b) the prescribed particulars are—
(i) the substance of the steps to be taken
to remove or minimise the threat of fire
that are contained in the fire prevention
notice; and
(ii) the date by which the owner or
occupier must comply with the fire
prevention notice; and
(iii) the address of the property or properties
the subject of the fire prevention notice;
and
(iv) the name and position of the person
who is publishing the notice.
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Part 6—Alarm monitoring information
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Part 6—Alarm monitoring information
23 Information in the case of an alarm pre-connection
(1) For the purposes of section 78(1) of the Act, the
prescribed information in the case of an alarm
pre-connection is—
(a) the name of the alarm monitoring service;
and
(b) details of the site to be monitored, including
the name, street, cross street, suburb and
GPS co-ordinates; and
(c) customer details, including entity name,
postal address, contact name and telephone
number; and
(d) alarm number; and
(e) whether the alarm system has previously
been connected to the Computer Aided
Dispatch system by another alarm
monitoring service.
(2) For the purposes of section 78(1) of the Act, the
prescribed period for providing the information in
subregulation (1) is—
(a) 5 working days prior to the connection of the
alarm; or
(b) if 5 working days prior to the connection
is not practicable because the request
to connect the alarm is made less than
5 working days before the alarm is to be
connected, as close to 5 working days prior
to the connection as is reasonably possible.
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24 Information in the case of alarm connection
(1) For the purposes of section 78(1) of the Act, the
prescribed information in the case of an alarm
connection is—
(a) the name of the alarm monitoring service;
and
(b) details of the site being monitored, including
the name, street, cross street, suburb and
GPS co-ordinates; and
(c) customer details, including entity name,
postal address, contact name and telephone
number; and
(d) alarm details including the following
(if available)—
(i) alarm number;
(ii) alarm signalling equipment address;
(iii) alarm signalling equipment location;
(iv) input device numbers;
(v) input device alarm types;
(vi) input device locations;
(vii) whether the input device is an
automatic alarm; and
(e) date of connection; and
(f) whether the alarm system has been tested
end-to-end from the site being monitored
to the Computer Aided Dispatch service
provider to the Board in real time and found
to be operating correctly; and
(g) confirmation that the direct access location
has been verified on the Computer Aided
Dispatch map.
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(2) For the purposes of section 78(1) of the Act, the
prescribed period for providing the information
in subregulation (1) is within 24 hours of the
connection of the alarm.
25 Information in the case of an alarm modification
(1) For the purposes of section 78(1) of the Act,
the prescribed information in the case of a
modification to any of the following details—
(a) the name of the alarm monitoring service;
(b) details of the site being monitored, including
the name, street, cross street, suburb and
GPS co-ordinates;
(c) alarm details including the following
(if available)—
(i) alarm number;
(ii) alarm signalling equipment address;
(iii) alarm signalling equipment location;
(iv) input device numbers;
(v) input device alarm types;
(vi) input device locations;
(vii) whether it is an automatic alarm;
(viii) the previous alarm number (if the alarm
number has changed);
(d) relevant fire station and key peg numbers
(if provided by the Board)—
is the particulars of the modification, including the
modified details.
(2) For the purposes of section 78(1) of the Act, the
prescribed period for providing the information
in subregulation (1) is within 24 hours of the
modification of the details.
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26 Information in the case of an alarm disconnection
(1) For the purposes of section 78(1) of the Act, the
prescribed information in the case of an alarm
disconnection is—
(a) the name of the alarm monitoring service;
and
(b) alarm details including the following
(if available)—
(i) alarm number;
(ii) input device numbers;
(iii) input device alarm types;
(iv) input device locations;
(v) whether it is an automatic alarm; and
(c) whether the disconnection relates to all or
part of the alarm system and, if appropriate,
which part or parts are being disconnected;
and
(d) the date of disconnection; and
(e) whether the disconnection is permanent or
temporary; and
(f) the building permit number (if applicable).
(2) For the purposes of section 78(1) of the Act, in
the case of an alarm being disconnected pursuant
to a building permit issued under the Building
Act 1993, the prescribed period for providing the
information in subregulation (1) is within 24 hours
of the disconnection of the alarm.
(3) For the purposes of section 78(1) of the Act, in
the case of an alarm being disconnected other than
pursuant to a building permit issued under the
Building Act 1993, the prescribed period for
providing the information in subregulation (1) is
6 weeks prior to the disconnection of the alarm.
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27 Information in the case of failure of alarm
monitoring system
(1) For the purposes of section 78(1) of the Act, in the
case of a failure by an alarm monitoring system to
be able to automatically process and transmit an
alarm of fire, the prescribed information is the
time and date of the failure.
(2) For the purposes of section 78(1) of the Act, in
the case of the reinstatement of a failed alarm
monitoring system, the prescribed information is
the time and date of the reinstatement.
(3) For the purposes of section 78(1) of the Act, the
prescribed period for providing the information in
subregulation (1) or (2) is the period specified by
the Board in the written notice given under that
section.
28 Isolation and testing data
(1) For the purposes of section 78(1) of the Act, the
prescribed information in the case of a review of
the isolation and testing records of all alarms
connected to an alarm monitoring service is the
raw data generated by alarm signalling equipment
connected to the alarm monitoring service
regarding the isolation and testing of that
equipment.
(2) For the purposes of section 78(1) of the Act, the
prescribed period for providing the information in
subregulation (1) is the period specified by the
Board in the written notice given under that
section.
29 Information for verification purposes
(1) For the purposes of section 78(1) of the Act,
the prescribed information in the case of the
verification of all alarms connected to an alarm
monitoring service is the raw data generated by
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alarm signalling equipment connected to the
alarm monitoring service in relation to—
(a) the name of the alarm monitoring service;
and
(b) details of the site being monitored, including
the name, street, cross street, suburb and
GPS co-ordinates; and
(c) details of each alarm including the following
(if available)—
(i) alarm number;
(ii) alarm signalling equipment address;
(iii) alarm signalling equipment location;
(iv) input device numbers;
(v) input device alarm types;
(vi) input device locations;
(vii) whether the input device is an
automatic alarm; and
(d) the fire station and key peg numbers
(if provided by the Board).
(2) For the purposes of section 78(1) of the Act, the
prescribed period for providing the information in
subregulation (1) is the period specified by the
Board in the written notice given under that
section.
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Part 7—Expiry of Regulations
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Part 7—Expiry of Regulations
30 Expiry
These Regulations expire on 24 October 2017.
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Schedule 1—Regulations revoked
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Schedule 1—Regulations revoked
Regulation 4
S.R. No. Title
111/2007 Metropolitan Fire Brigades (General) (Charges Amendment)
Regulations 2007
155/2008 Metropolitan Fire Brigades (General) (Charges Amendment)
Regulations 2008
179/2009 Metropolitan Fire Brigades Amendment Regulations 2009
126/2010 Metropolitan Fire Brigades (General) Amendment
Regulations 2010
61/2011 Metropolitan Fire Brigades (General) Amendment
Regulations 2011
68/2012 Metropolitan Fire Brigades (General) Amendment
Regulations 2012
82/2014 Metropolitan Fire Brigades (General) Amendment
(Road Accident Rescue Service) Regulations 2014
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Schedule 2—Insignia of the Metropolitan Fire and Emergency Services
Board
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Schedule 2—Insignia of the Metropolitan
Fire and Emergency Services Board
Regulation 6
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Schedule 3—Fees and charges for board services
Metropolitan Fire Brigades (General) Interim Regulations 2016
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Authorised by the Chief Parliamentary Counsel
Schedule 3—Fees and charges for
board services
Regulation 18
Item No. Reg No. Description Amount
1 18 Emergency
attendances
39·06 fee units for each
appliance in attendance for
each 15 minutes (or part of
15 minutes) during which the
appliance is absent from its
station.
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Schedule 4—Fire prevention notice
Metropolitan Fire Brigades (General) Interim Regulations 2016
S.R. No. 129/2016
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Authorised by the Chief Parliamentary Counsel
Schedule 4—Fire prevention notice
Regulation 22(1)
Metropolitan Fire Brigades Act 1958
Metropolitan Fire Brigades Interim Regulations 2016
FIRE PREVENTION NOTICE
I direct of
the owner or occupier of [insert address or certificate of title number]
to do the work specified below.
All work must be completed not later than
Work to be completed:
[Specify the part or parts of the land affected by this notice and the steps
required to remove or minimise the threat of fire].
Date:
Signature:
Name and position:
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Schedule 5—Notice to owners or occupiers of land
Metropolitan Fire Brigades (General) Interim Regulations 2016
S.R. No. 129/2016
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Authorised by the Chief Parliamentary Counsel
Schedule 5—Notice to owners or
occupiers of land
Regulation 22(2)
Metropolitan Fire Brigades Act 1958
Metropolitan Fire Brigades Interim Regulations 2016
NOTICE TO OWNERS OR OCCUPIERS OF LAND
To the owner/occupier or owners/occupiers of land described below.
A notice to
[insert substance of steps to be taken to remove or minimise the threat of fire]
not later than / / has been affixed on the following properties in
accordance with section 88(3) of the Metropolitan Fire Brigades Act 1958.
Date:
Name and position:
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Endnotes
Metropolitan Fire Brigades (General) Interim Regulations 2016
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Endnotes
Fee Units
These Regulations provide for fees by reference to fee units within the
meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that
Act, by multiplying the number of fee units applicable by the value of a fee
unit.
The value of a fee unit for the financial year commencing 1 July 2016 is
$13.94. The amount of the calculated fee may be rounded to the nearest
10 cents.
The value of a fee unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
fee unit for a financial year must be published in the Government Gazette and
a Victorian newspaper before 1 June in the preceding financial year.
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