Metropolitan Fire Brigades (Contributions) Regulations 1999

i Metropolitan Fire Brigades (Contributions) Regulations 1999 S.R. No. 68/1999 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. Commencement 2 4. Revocation of Regulations 2 5. Section 38 returns 2 6. Section 40 returns 2 7. Section 44A returns 2 8. Portion of premium subject to contribution 3 __________________ SCHEDULES 5 SCHEDULE 1—Return of net annual value as at 1 July 5 SCHEDULE 2—Premium return for the year ended 30 June 6 SCHEDULE 3—Return 11 SCHEDULE 4—Portion of total premium that is subject to contribution 12 ═══════════════ NOTES 14 -- 1 of 15 -- 1 STATUTORY RULES 1999 S.R. No. 68/1999 Metropolitan Fire Brigades Act 1958 Metropolitan Fire Brigades (Contributions) Regulations 1999 The Governor in Council makes the following Regulations: Dated: 8 June 1999 Responsible Minister: BILL McGRATH Minister for Police and Emergency Services STACEY ROBERTSON Acting Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to identify the classes of insurance policies that have a fire component and to prescribe the proportions of the premiums of those classes of insurance that are attributable to insurance against fire; and (b) to prescribe the form of returns for the purposes of the Metropolitan Fire Brigades Act 1958. 2. Authorising provision These Regulations are made under section 34 of the Metropolitan Fire Brigades Act 1958. -- 2 of 15 -- S.R. No. 68/1999 Metropolitan Fire Brigades (Contributions) Regulations 1999 2 3. Commencement These Regulations come into operation on 30 June 1999. 4. Revocation of Regulations The following Regulations are revoked— (a) the Metropolitan Fire Brigades Board (Contributions) Regulations 19881 ; (b) the Metropolitan Fire Brigades Board (Premium Return) Regulations 19902 ; (c) the Metropolitan Fire Brigades Board (Return) Regulations 1990 3 ; (d) the Metropolitan Fire Brigades Board (Return Amendment) Regulations 1990 4 ; (e) the Metropolitan Fire Brigades Board (Contributions) (Amendment) Regulations 19925 . 5. Section 38 returns Every return furnished to the Board by each municipal council in respect of its municipal district under section 38 of the Metropolitan Fire Brigades Act 1958 must be in the form of Schedule 1. 6. Section 40 returns Every return lodged with the Board by each insurance company under section 40 of the Metropolitan Fire Brigades Act 1958 must be in the form of Schedule 2. 7. Section 44A returns Every return lodged with the Board under section 44A of the Metropolitan Fire Brigades Act 1958 must be in the form of Schedule 3. r. 3 -- 3 of 15 -- S.R. No. 68/1999 Metropolitan Fire Brigades (Contributions) Regulations 1999 3 8. Portion of premium subject to contribution (1) The proportion of the premium payable in respect of an insurance or class of insurance specified in column 1 of Schedule 4 as the portion of that premium that is properly attributable to insurance against fire within the metropolitan district is the portion of that premium specified in column 2 of Schedule 4 opposite that insurance or class of insurance. (2) In this regulation "premium"— (a) includes a premium or extra premium received for all extensions to a class of insurance for extraneous risks of any kind and all administration charges and fire service levies; and (b) does not include an individual premium received solely in respect of combined fire and hail insurance on growing crops and, however designated, liability, crime, plate glass, boiler explosion, motor vehicle, motorcycle, transit (excluding any static portion), marine hull, aviation hull, personal accident, livestock, and pluvius insurances and where fire is an excluded peril, electronic and machinery breakdown and general property insurance; and (c) does not include that part of a premium for a class of policy which is subject to contribution where that part relates solely to an extension of the policy to include any other insurance referred to in paragraph (b) in which the risk of fire is not an insured peril, if the extension— (i) is offered and given as an optional extra; and r. 8 -- 4 of 15 -- S.R. No. 68/1999 Metropolitan Fire Brigades (Contributions) Regulations 1999 4 (ii) has a separate premium allocation; and (iii) is exclusive of all other policy sections. __________________ r. 8 -- 5 of 15 -- S.R. No. 68/1999 Metropolitan Fire Brigades (Contributions) Regulations 1999 5 SCHEDULES SCHEDULE 1 Regulation 5 Metropolitan Fire Brigades Act 1958 RETURN OF NET ANNUAL VALUE AS AT 1 JULY Under section 38 of the Metropolitan Fire Brigades Act 1958 This return is made on behalf of the (insert name of Council) I certify that the net annual value of the rateable property in the Municipal District of the Council that is within the Metropolitan Fire District as shown by the Council's latest valuation of rateable land (being the valuation as at 1 July ) is dollars cents ($ ). Dated Chief Executive Officer. _______________ Sch. 1 -- 6 of 15 -- S.R. No. 68/1999 Metropolitan Fire Brigades (Contributions) Regulations 1999 6 SCHEDULE 2 Regulation 6 Metropolitan Fire Brigades Act 1958 PREMIUM RETURN FOR THE YEAR ENDED 30 JUNE Under section 40 of the Metropolitan Fire Brigades Act 1958 The portion of the total amount of gross premiums received by or due to— NAME OF COMPANY ACN ADDRESS during the financial year ended 30 June (including any commission or discount) compiled in conformity with the prescribed portions of premiums properly attributable to insurance against fire in respect of property within the metropolitan fire district as set out in Schedule 4 of the Metropolitan Fire Brigades (Contributions) Regulations 1999 is dollars cents ($ ). This amount was calculated from the following information— (i) (ii) (iii) (iv) Classes of Insurance Subject to Contribution Total amount of Premium received or due in the State of Victoria Total amount of Premium received or due outside the State of Victoria or overseas Total of columns (i) and (ii) Amount of Premium subject to Contri- bution (a) Any insurance on property which includes insurance against fire (whether expressly or otherwise and whether or not extended to include other risks) and includes Consequential (i) (ii) (iii) (iv) Sch. 2 -- 7 of 15 -- S.R. No. 68/1999 Metropolitan Fire Brigades (Contributions) Regulations 1999 7 Classes of Insurance Subject to Contribution Total amount of Premium received or due in the State of Victoria Total amount of Premium received or due outside the State of Victoria or overseas Total of columns (i) and (ii) Amount of Premium subject to Contri- bution Loss, Business Interruption Insurance or other similar classes of insurance but does not include any insurance of a class specified in paragraph (b), (c), (d), (e) or (f) $ $ $ $ (b) Any insurance on property construction or engineering installation or both which includes insurance against fire (whether expressly or otherwise and whether or not extended to include other risks) and includes Consequential Loss, Business Interruption, Contractors Plant and Machinery Insurance or any other similar or associated insurance $ $ $ $ (i) (ii) (iii) (iv) Total Sch. 2 -- 8 of 15 -- S.R. No. 68/1999 Metropolitan Fire Brigades (Contributions) Regulations 1999 8 Classes of Insurance Subject to Contribution Total amount of Premium received or due in the State of Victoria amount of Premium received or due outside the State of Victoria or overseas Total of columns (i) and (ii) Amount of Premium subject to Contri- bution (c) Any insurance solely covering risks which otherwise would be insured under paragraph (a), (b) or (f) $ $ $ $ (d) Domestic and residential insurance but excluding where rated separately and offered and given as an optional extra all premiums received for Personal Property or Personal Items insurance or both which must be included under paragraph (e) $ $ $ $ (e) Any insurance solely covering Personal Property or Personal Items or both (excluding any insurance of a class specified in paragraph (a), (b), (c), (d) or (f)) $ $ $ $ (i) (ii) (iii) (iv) Total Total amount of Sch. 2 -- 9 of 15 -- S.R. No. 68/1999 Metropolitan Fire Brigades (Contributions) Regulations 1999 9 Classes of Insurance Subject to Contribution amount of Premium received or due in the State of Victoria Premium received or due outside the State of Victoria or overseas Total of columns (i) and (ii) Amount of Premium subject to Contri- bution (f) The static risk portion of the premium for any marine class of insurance or any other class of insurance that is confined to perils of the sea or air or confined to risks involving transportation on land or in the air (excluding storage incidental to transportation by sea, land or air) (Static Risks includes all movements of goods, stock or material associated with processing or storage operations at any place.) $ $ $ $ I (insert name) am the *Manager/Secretary/Agent of the Company and I declare that according to the books of the Company and to the best of my knowledge and belief this return contains a true statement of the amount of gross premiums received by, or due to, the Company during the preceding financial year. I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury. Declared at this day   of in the year  Sch. 2 -- 10 of 15 -- S.R. No. 68/1999 Metropolitan Fire Brigades (Contributions) Regulations 1999 10  before me  A person authorised to take a statutory declaration in the place where this declaration is made. * strike out whichever is not applicable _______________ Sch. 2 -- 11 of 15 -- S.R. No. 68/1999 Metropolitan Fire Brigades (Contributions) Regulations 1999 11 SCHEDULE 3 Regulation 7 Metropolitan Fire Brigades Act 1958 RETURN Under section 44A of the Metropolitan Fire Brigades Act 1958 I, of being *an insurance intermediary/the owner of the property insured certify that the total amount of the premium of dollars cents ($ ) was paid to the Insurance Company on / / to *effect/renew the Policy of insurance detailed below with respect to property in the metropolitan fire district Policy in the name of: Policy Number: Insurance or Class of Insurance: Address of Property: (attach list if necessary) Sum Insured: $ Excess/Deductible $ Attachment Date / / Expiry Date / / And I further certify that the portion of the total premium that is properly attributable to insurance against fire as set out in Schedule 4 to the Metropolitan Fire Brigades (Contributions) Regulations 1999 is $ and as required, I enclose $ being the amount of contribution calculated in accordance with section 44A of the Metropolitan Fire Brigades Act 1958. Signed Date / / * strike out whichever is not applicable _______________ Sch. 3 -- 12 of 15 -- S.R. No. 68/1999 Metropolitan Fire Brigades (Contributions) Regulations 1999 12 SCHEDULE 4 Regulation 8 Metropolitan Fire Brigades Act 1958 PORTION OF TOTAL PREMIUM THAT IS SUBJECT TO CONTRIBUTION Column 1 Column 2 Classes of Insurance Subject to Contribution The Portion of Total Premium that is Subject to Contribution (a) Any insurance on property which includes insurance against fire (whether expressly or otherwise and whether or not extended to include other risks) and includes Consequential Loss Insurance, Business Interruption Insurance or other similar classes of insurance but does not include any insurance of a class specified in paragraph (b), (c), (d), (e) or (f) 80 per cent (b) Any insurance on property construction or engineering installation or both which includes insurance against fire (whether expressly or otherwise and whether or not extended to include other risks), and includes Consequential Loss, Business Interruption, Contractors Plant and Machinery or any other similar or associated insurance 80 per cent (c) Any insurance solely covering risks which otherwise would be insured under paragraph (a), (b) or (f) 80 per cent (d) Domestic and residential insurance but excluding where rated separately and offered and given as an optional extra all premiums received for Personal Property or Personal Items insurance or both which must be included under paragraph (e) 40 per cent Sch. 4 -- 13 of 15 -- S.R. No. 68/1999 Metropolitan Fire Brigades (Contributions) Regulations 1999 13 Column 1 Column 2 Classes of Insurance Subject to Contribution The Portion of Total Premium that is Subject to Contribution (e) Any insurance solely covering Personal Property or Personal Items or both (excluding any insurance of a class specified in paragraph (a), (b), (c), (d) or (f)) 8 per cent (f) The static risk portion of the premium for any marine class of insurance or any other class of insurance that is confined to perils of the sea or air or confined to risks involving transportation on land or in the air (excluding storage incidental to transportation by sea, land or air) (Static Risk includes all movements of goods, stock or material associated with processing or storage operations at any place.) 80 per cent ═══════════════ Sch. 4 -- 14 of 15 -- S.R. No. 68/1999 Metropolitan Fire Brigades (Contributions) Regulations 1999 14 NOTES 1 Reg. 4(a): S.R. No. 250/1988. 2 Reg. 4(b): S.R. No. 18/1990. 3 Reg. 4(c): S.R. No. 181/1990. 4 Reg. 4(d): S.R. No. 270/1990. 5 Reg. 4(e): S.R. No. 246/1992. Notes -- 15 of 15 --