Justice Legislation Amendment Act 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Justice Legislation Amendment Act 2014 No. 41 of 2014 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 PART 2—COUNTRY FIRE AUTHORITY ACT 1958 3 3 Section 7 substituted and new section 7AA inserted— Constitution of the Authority 3 7 Constitution of the Authority 3 7AA Authority is the same body 4 4 Changes to references to chairman and deputy chairman 4 5 Amendment of section 10—Quorum of Authority 7 6 Amendment of section 42—Brigades may carry out fire prevention work 7 7 Amendment of section 50A—Definitions 7 8 Amendment of section 55A—Municipal fire prevention plans 8 9 Amendment of section 92—Immunity provision 8 10 Amendment of section 93B—Activities outside country area of Victoria 9 11 Amendment of section 110—Regulations 9 PART 3—EMERGENCY MANAGEMENT ACTS 10 12 Consequential amendment of Emergency Management Act 1986 10 13 Amendment of section 3—Definitions 10 14 Amendment of section 86 10 -- 1 of 16 -- Section Page ii Authorised by the Chief Parliamentary Counsel PART 4—EMERGENCY SERVICES TELECOMMUNICATIONS AUTHORITY ACT 2004 11 15 Amendment of Part 4—Particular Functions, Powers and Duties 11 Division 4—Emergency Warning and Advisory Services 11 32A Function and powers relating to emergency warning and advisory services 11 32B Limitation on section 32A 11 PART 5—REPEAL 13 16 Repeal of amending Act 13 ═══════════════ ENDNOTES 14 -- 2 of 16 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Justice Legislation Amendment Act 2014 † No. 41 of 2014 [Assented to 17 June 2014] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The purpose of this Act is to— (a) amend the Country Fire Authority Act 1958— (i) to provide for the appointment of members of the Country Fire Authority; and Victoria -- 3 of 16 -- Part 1—Preliminary Justice Legislation Amendment Act 2014 No. 41 of 2014 2 Authorised by the Chief Parliamentary Counsel (ii) in relation to the operation of industry brigades; and (iii) to provide for places that are to be community fire refuges to be prescribed by regulations; and (b) make a consequential amendment to the Emergency Management Act 1986 and to amend the Emergency Management Act 2013 to make minor technical amendments; and (c) amend the Emergency Services Telecommunications Authority Act 2004 to enable the Emergency Services Telecommunications Authority to undertake functions in relation to emergency warning and advisory services. 2 Commencement (1) This Part and Parts 4 and 5 come into operation on the day after the day on which it receives the Royal Assent. (2) Sections 13 and 14 are to be taken to have come into operation on 3 December 2013. (3) Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (4) If a provision referred to in subsection (3) does not come into operation before 1 July 2015, it comes into operation on that day. __________________ s. 2 -- 4 of 16 -- Part 2—Country Fire Authority Act 1958 Justice Legislation Amendment Act 2014 No. 41 of 2014 3 Authorised by the Chief Parliamentary Counsel PART 2—COUNTRY FIRE AUTHORITY ACT 1958 3 Section 7 substituted and new section 7AA inserted—Constitution of the Authority For section 7 of the Country Fire Authority Act 1958 substitute— "7 Constitution of the Authority (1) The Authority is to consist of 9 members appointed by the Governor in Council. (2) The members of the Authority are to be appointed having regard to any of the following— (a) knowledge of, or experience in, commercial, technical, operational, legal or financial matters; (b) expertise in fire services, emergency management, land management or any other field relevant to the performance of the functions of the Authority. (3) Five members of the Authority, including the Chairperson and the Deputy Chairperson, are to be appointed on the recommendation of the Minister made after having regard to subsection (2). (4) Four members being— (a) two volunteer members of brigades predominately serving urban communities; and (b) two volunteer members of brigades predominately serving rural communities— are to be appointed from a panel of names nominated by the Board of Volunteer Fire Brigades Victoria made after having regard to subsection (2). s. 3 See: Act No. 6228. Reprint No. 14 as at 16 May 2012 and amending Act Nos 20/2012 and 35/2012. LawToday: www. legislation. vic.gov.au -- 5 of 16 -- Part 2—Country Fire Authority Act 1958 Justice Legislation Amendment Act 2014 No. 41 of 2014 4 Authorised by the Chief Parliamentary Counsel (5) If the Board of Volunteer Fire Brigades Victoria fails to submit a nomination for the purposes of subsection (4) within 30 days after receiving a request from the Minister to submit a nomination, the Governor in Council may after having regard to subsection (2) appoint a person or persons to be a member or members of the Authority for the purposes of subsection (4). 7AA Authority is the same body The Authority continues to be the same body despite the change to its membership as a result of the commencement of section 3 of the Justice Legislation Amendment Act 2014.". 4 Changes to references to chairman and deputy chairman In the Country Fire Authority Act 1958— (a) insert the following heading to section 9— "Chairperson"; (b) in section 9(2) for "chairman" substitute "chairperson"; (c) in section 9(3)— (i) for "chairman or deputy chairman" substitute "chairperson or deputy chairperson"; (ii) for "deputy chairman, the acting deputy chairman" substitute "deputy chairperson, the acting deputy chairperson"; (iii) for "as chairman" substitute "as chairperson"; (iv) for "the chairman" substitute "the chairperson"; s. 4 -- 6 of 16 -- Part 2—Country Fire Authority Act 1958 Justice Legislation Amendment Act 2014 No. 41 of 2014 5 Authorised by the Chief Parliamentary Counsel (d) insert the following heading to section 9A— "Rights of Chairperson in relation to the public service and superannuation"; (e) in section 9A, for "chairman" (wherever occurring) substitute "chairperson"; (f) insert the following heading to section 9B— "Deputy chairperson"; (g) in section 9B(1)— (i) for "deputy chairman" substitute "deputy chairperson"; (ii) for "chairman" (where three times occurring) substitute "chairperson"; (h) in section 9B(3)— (i) for "deputy chairman" substitute "deputy chairperson"; (ii) for "chairman" (where twice occurring) substitute "chairperson"; (i) in section 9B(4) for "deputy chairman" substitute "deputy chairperson"; (j) in section 9B(5)— (i) for "The chairman" substitute "The chairperson"; (ii) for "deputy chairman" substitute "deputy chairperson"; (iii) after "his"(wherever occurring) insert "or her"; (k) in section 9B(6) for "chairman" substitute "chairperson"; (l) in sections 9B(7), (8) and (9) for "deputy chairman" (wherever occurring) substitute "deputy chairperson"; s. 4 -- 7 of 16 -- Part 2—Country Fire Authority Act 1958 Justice Legislation Amendment Act 2014 No. 41 of 2014 6 Authorised by the Chief Parliamentary Counsel (m) in section 9B(9) after "he" insert "or she"; (n) in section 9B(10)— (i) for "deputy chairman" (wherever occurring) substitute "deputy chairperson"; (ii) for "chairman" substitute "chairperson"; (o) in section 9B(11) for "deputy chairman" (wherever occurring) substitute "deputy chairperson"; (p) in section 10(3) for "deputy chairman" substitute "deputy chairperson"; (q) in section 11(1) for "chairman" substitute "chairperson"; (r) in section 11A(2) for "chairman" substitute "chairperson"; (s) in sections 12(2) and 12A for "chairman or deputy chairman" substitute "chairperson or deputy chairperson"; (t) insert the following heading to section 13— "Expenses of chairperson, deputy chairperson and members"; (u) in section 13(1) for "chairman deputy chairman" ( where twice occurring) substitute "chairperson, deputy chairperson"; (v) in section 13(2) for "chairman deputy chairman" substitute "chairperson, deputy chairperson". s. 4 -- 8 of 16 -- Part 2—Country Fire Authority Act 1958 Justice Legislation Amendment Act 2014 No. 41 of 2014 7 Authorised by the Chief Parliamentary Counsel 5 Amendment of section 10—Quorum of Authority In section 10(1) of the Country Fire Authority Act 1958, for "six" substitute "5". 6 Amendment of section 42—Brigades may carry out fire prevention work For section 42(4) of the Country Fire Authority Act 1958 substitute— "(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.". 7 Amendment of section 50A—Definitions In section 50A of the Country Fire Authority Act 1958, for the definition of community fire refuge substitute— "community fire refuge means a place prescribed by the regulations to be a place that is to be used by the public for short-term shelter from a fire front during a bushfire;". s. 5 -- 9 of 16 -- Part 2—Country Fire Authority Act 1958 Justice Legislation Amendment Act 2014 No. 41 of 2014 8 Authorised by the Chief Parliamentary Counsel 8 Amendment of section 55A—Municipal fire prevention plans For section 55A(2)(cb) of the Country Fire Authority Act 1958 substitute— "(cb) identifying any places in the municipal district that are community fire refuges within the meaning of section 50A; and". 9 Amendment of section 92—Immunity provision (1) After section 92(1)(c) of the Country Fire Authority Act 1958 insert— "(ca) an officer or member of an industry brigade when assisting the Authority, a group of brigades or any brigade in accordance with this Act or the regulations in relation to fire prevention or fire suppression or the protection of life and property and, as the case may be— (i) under the command and control of the Chief Officer; or (ii) subject to the general direction and control of the Authority and the Chief Officer; or (iii) if in a place outside the country area of Victoria, subject to the direction and control of the person or body having authority in that place;". (2) After section 92(2) of the Country Fire Authority Act 1958 insert— "(2A) For the purposes of subsection (2), an officer or member of an industry brigade to whom subsection (1)(ca) applies, is to be taken to be exercising a power or discharging a duty under this Act or the regulations while providing the assistance referred to in subsection (1)(ca).". s. 8 -- 10 of 16 -- Part 2—Country Fire Authority Act 1958 Justice Legislation Amendment Act 2014 No. 41 of 2014 9 Authorised by the Chief Parliamentary Counsel 10 Amendment of section 93B—Activities outside country area of Victoria (1) After section 93B(1A) of the Country Fire Authority Act 1958 insert— "(1B) For the purposes of subsection (1), an industry brigade may assist the Authority, a group of brigades or any brigade in the prevention or suppression of a fire or the protection of life and property in a place under subsection (1) subject to the direction and control of the person or body having authority in that place if— (a) the Chief Officer 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.". (2) In section 93B(2) of the Country Fire Authority Act 1958, after "(1A)" insert "or an industry brigade is engaged in providing assistance referred to in subsection (1B)". (3) Section 93B(3) of the Country Fire Authority Act 1958 is repealed. 11 Amendment of section 110—Regulations After section 110(1)(ub) of the Country Fire Authority Act 1958 insert— "(uc) for prescribing a place to be a community fire refuge for the purposes of Part IIIA;". __________________ s. 10 -- 11 of 16 -- Part 3—Emergency Management Acts Justice Legislation Amendment Act 2014 No. 41 of 2014 10 Authorised by the Chief Parliamentary Counsel PART 3—EMERGENCY MANAGEMENT ACTS 12 Consequential amendment of Emergency Management Act 1986 For section 20(2)(ba)(ii) of the Emergency Management Act 1986 substitute— "(ii) identifying any places in the municipal district that are community fire refuges within the meaning of section 50A of the Country Fire Authority Act 1958; and". 13 Amendment of section 3—Definitions In section 3 of the Emergency Management Act 2013, in the definition of Secretary to the Department of Environment and Primary Industries, for "(b)" substitute "(a)". 14 Amendment of section 86 In section 86 of the Emergency Management Act 2013, in proposed new section 61D of the Forests Act 1958, after "powers" insert "under section 62(2)(a)". __________________ s. 12 -- 12 of 16 -- Part 4—Emergency Services Telecommunications Authority Act 2004 Justice Legislation Amendment Act 2014 No. 41 of 2014 11 Authorised by the Chief Parliamentary Counsel PART 4—EMERGENCY SERVICES TELECOMMUNICATIONS AUTHORITY ACT 2004 15 Amendment of Part 4—Particular Functions, Powers and Duties After Division 3 of Part 4 of the Emergency Services Telecommunications Authority Act 2004 insert— "Division 4—Emergency Warning and Advisory Services 32A Function and powers relating to emergency warning and advisory services (1) This section applies if the Authority receives a request in writing from the Chief Executive of Emergency Management Victoria to perform a function or exercise a power under this section. (2) If this section applies, the Authority has the function of providing emergency warning and advisory services, including the administration of contracts for the provision of the services, specified in the request. (3) The Authority has all the powers necessary to perform the function under this section. 32B Limitation on section 32A (1) A request under section 32A(1) must not be inconsistent with any directions given to the Authority by the Minister under section 20. (2) Directions given by the Minister under section 20 prevail to the extent of any inconsistency with a request under section 32A(1). s. 15 See: Act No. 98/2004. Reprint No. 1 as at 21 May 2009 and amending Act Nos 5/2012, 82/2012 and 73/2013. LawToday: www. legislation. vic.gov.au -- 13 of 16 -- Part 4—Emergency Services Telecommunications Authority Act 2004 Justice Legislation Amendment Act 2014 No. 41 of 2014 12 Authorised by the Chief Parliamentary Counsel (3) The Authority must perform a function and exercise powers under section 32A subject to this section.". __________________ s. 15 -- 14 of 16 -- Part 5—Repeal Justice Legislation Amendment Act 2014 No. 41 of 2014 13 Authorised by the Chief Parliamentary Counsel PART 5—REPEAL 16 Repeal of amending Act This Act is repealed on 1 July 2016. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 16 -- 15 of 16 -- Justice Legislation Amendment Act 2014 No. 41 of 2014 14 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 26 March 2014 Legislative Council: 8 May 2014 The long title for the Bill for this Act was "A Bill for an Act to amend the Country Fire Authority Act 1958, the Emergency Management Act 1986, the Emergency Management Act 2013 and the Emergency Services Telecommunications Authority Act 2004 and for other purposes." Endnotes -- 16 of 16 --