Emergency Services Legislation Amendment Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 3 PART 2—AMENDMENT OF COUNTRY FIRE AUTHORITY ACT 1958 4 3 Amendment of section 3—Definitions 4 4 Amendment of section 4—Declaration of fire danger period 6 5 Amendment of section 7—Constitution of Authority 6 6 Amendment of section 11A—Conflicts of interest 6 7 Amendment of section 13—Expenses of chairman and members 6 8 New section 20AAA inserted 7 20AAA Duty to assist in major emergency 7 9 Amendment of section 20AA—General powers of Authority 8 10 Section 20B substituted 8 20B False alarm of fire 8 11 Amendment of section 22—Persons holding property of brigade 11 12 Amendment of section 23—General powers of Authority with respect to brigades, apparatus etc. 11 13 Amendment of section 23AA—Industry brigades 11 14 Amendment of section 23A—Groups of brigades 11 15 Amendment of section 27—Chief Officer to have control of all brigades etc. 12 16 Amendment of section 30—Powers of officers at fires 12 17 Amendment of section 30A—Authorisation of certain persons 13 18 Amendment of section 31—Police to assist Chief Officer 13 19 Amendment of section 32—Duties of water, electricity and gas suppliers 14 20 Amendment of section 33—Determination of sole responsibility for fire suppression in certain areas 14 21 Amendment of section 34—Duties of owner etc. of land in case of fire during fire danger period 15 -- 1 of 78 -- Section Page ii Authorised by the Chief Parliamentary Counsel 22 New section 36A inserted 15 36A Determination of sole responsibility for fire prevention in certain areas 15 23 Amendment to section 37—General prohibition against lighting open air fires 16 24 New section 37A inserted 16 37A Direction not to light fire 16 25 Amendment of section 38—Lighting fires in accordance with permit 17 26 Amendment of section 38A—Fires for certain purposes to be lawful 17 27 Amendment of section 39—Prohibited actions near fires 18 28 Amendment of section 39E—Prohibition of high fire risk activities 19 29 Amendment of section 40—Provisions about total fire bans 19 30 Amendment of section 41—Fire prevention notices 22 31 Amendment of section 41B—Objection to notices 22 32 Amendment to section 41D—Compliance with notices 22 33 Amendment to section 41E—Fire prevention infringement notices 22 34 Repeal of section 44 23 35 Amendment of section 44A—Power of Chief Officer to close roads 23 36 Amendment of section 45—Power to Governor in Council to transfer municipal officers' powers 24 37 Amendment of section 48—Power to police, Chief Officer etc. to direct extinguishment of fire 24 38 Amendment of section 49—Obligation of sawmillers 25 39 New section 50AA inserted 25 50AA Alarm monitoring service to provide prescribed information 25 40 Amendment of section 52—Appointment of regional fire prevention committees 25 41 Amendment of section 54—Appointment of municipal fire prevention committees 26 42 Amendment of section 55A—Municipal fire prevention plans 26 43 Amendment of section 62—Definitions for Part V 26 44 Amendment of section 74E—Remuneration and allowances 26 45 Amendment of section 74G—Vacancies 27 46 New section 87AA inserted 27 87AA Authority may charge for services under other Acts and regulations 27 47 Amendment of section 91—Owners of houses and property to give information as to insurance 27 48 Amendment of section 92—Immunity provision 28 -- 2 of 78 -- Section Page iii Authorised by the Chief Parliamentary Counsel 49 Sections 93 and 93A substituted 28 93 Damage to be covered by fire insurance 28 93A Interstate fire brigades and international fire brigades 29 50 Amendment of section 98—Place where fire occurs 30 51 Amendment of section 102—Collections for brigades to be authorized by Authority 30 52 Amendment of section 103A—Australian Fire Brigades Charges Scheme 31 53 New section 106A inserted 31 106A Damage or interference with fire indicator panel or other apparatus 31 54 New section 107 substituted 32 107 Obstruction of officers and damage to apparatus 32 55 New section 107A substituted 34 107A Offences relating to impersonation 34 56 New section 107B inserted 34 107B False report of fire 34 57 Repeal of section 109 35 58 Amendment of section 110—Regulations 35 PART 3—AMENDMENT OF METROPOLITAN FIRE BRIGADES ACT 1958 37 59 Amendment of section 2—Purposes 37 60 Amendment of section 3—Definitions 37 61 Amendment of section 6—Metropolitan Fire and Emergency Services Board 39 62 Amendment of section 7—Functions of Board 39 63 New section 7AA inserted 39 7AA Duty to assist in major emergency 39 64 Amendment of section 11—Remuneration and allowances 41 65 New section 11A inserted 41 11A Rights of President in relation to the public service and superannuation 41 66 Amendment of section 13—Vacancies 42 67 Amendment of section 14—Acting members 42 68 Amendment of section 24A—Power to acquire land 42 69 Amendment of section 24B—Power of delegation 42 70 Amendment of section 25A—General powers of Board 42 71 Amendment of section 26—Formation of units 43 72 Amendment of section 31—Chief Officer 43 73 Section 31A substituted 43 31A Delegation of powers by Chief Officer 43 74 Amendment of section 32AA—Duty to warn the community 43 75 Amendment of section 32C—Destruction of building by Chief Officer 44 -- 3 of 78 -- Section Page iv Authorised by the Chief Parliamentary Counsel 76 Section 32D substituted 44 32D False alarm of fire 44 77 New section 33 inserted 46 33 False report of fire 46 78 Amendment of section 34—Power to make regulations 47 79 Section 54 substituted 48 54 Damage to be covered by fire insurance 48 80 Amendment of section 54A—Immunity from certain liabilities 48 81 Amendment of section 55D—Board may provide emergency prevention and response service 49 82 Amendment of section 55E—Activities outside metropolitan district 49 83 Amendment of section 60—Collection of contributions for units 50 84 Amendment of section 70—Owner to give information as to insurance 50 85 Amendment of section 71—Place where fire occurs 51 86 Amendment of section 72—Board or unit may carry out fire prevention work 51 87 New section 72A inserted 51 72A Interstate fire brigades and international fire brigades 51 88 Amendment of section 75—Documents signed by President or Deputy President to be evidence 53 89 New section 75A substituted 53 75A Offences relating to impersonation 53 90 New sections 75B and 75C inserted 54 75B Damage or interference with fire indicator panel or other apparatus 54 75C Obstruction of officers and damage to apparatus 55 91 Repeal of section 76 56 92 Amendment of section 77—Recovery and application of penalties 56 93 New section 78 inserted 56 78 Alarm monitoring service to provide prescribed information 56 94 Amendment of section 79F—Vacancies 57 95 Amendment of section 87—Fire prevention notices 57 96 Amendment of section 89—Objection to notices 57 97 Amendment of section 91—Compliance with notices 58 98 Amendment of section 92—Fire prevention infringement notices 58 -- 4 of 78 -- Section Page v Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENT OF VICTORIA STATE EMERGENCY SERVICE ACT 2005 59 99 New section 6A inserted 59 6A Duty to assist in major emergency 59 100 Amendment of section 7—General powers of Authority 60 101 Amendment of section 34—Registered units 60 102 Amendment of section 47—Compensation for injury during emergency service 60 103 Amendment of section 55—Regulations 61 PART 5—AMENDMENT OF EMERGENCY MANAGEMENT ACT 1986 62 104 New section 24A inserted 62 24A Offence of making false compensation claim 62 105 New section 33 inserted 62 33 Offence of making false compensation claim 62 106 Amendment of section 36—Offence of obstructing etc. emergency worker 63 107 Amendment of section 36A—Declaration of emergency area 63 108 Amendment of section 36B—Powers in respect of emergency area 64 109 Amendment of section 36C—Offences 64 110 Section 38 repealed 65 PART 6—AMENDMENT OF EMERGENCY SERVICES TELECOMMUNICATIONS AUTHORITY ACT 2004 66 111 Amendment of section 2—Commencement 66 112 Amendment of section 3—Definitions 66 113 Amendment of section 21—Advisory committee 67 114 Amendment of section 30—Commissioner to determine standards 67 115 Repeal of sections 44 and 45 67 PART 7—AMENDMENT OF FORESTS ACT 1958 68 116 New section 72 inserted 68 72 Immunity provision 68 PART 8—AMENDMENT OF SUMMARY OFFENCES ACT 1966 70 117 Repeal of section 12 70 -- 5 of 78 -- Section Page vi Authorised by the Chief Parliamentary Counsel PART 9—REPEAL OF AMENDING ACT 71 118 Repeal of amending Act 71 ═══════════════ ENDNOTES 72 -- 6 of 78 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Emergency Services Legislation Amendment Act 2012 † No. 5 of 2012 [Assented to 6 March 2012] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend— (i) the Country Fire Authority Act 1958; and Victoria -- 7 of 78 -- Part 1—Preliminary Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 2 Authorised by the Chief Parliamentary Counsel (ii) the Metropolitan Fire Brigades Act 1958— to reflect current organisational arrangements and clarify the command structures applying at fires, to increase penalties and create new offences to mitigate risks that undermine effective emergency response and community safety and to modernise outdated provisions; (b) to amend the Victoria State Emergency Service Act 2005 to align compensation provisions with the Accident Compensation Act 1985, to clarify that the Victoria State Emergency Service is able to engage in fundraising and promotional activities and to provide a regulation making power regarding the administration and management of units; (c) to amend each of the Country Fire Authority Act 1958, the Metropolitan Fire Brigades Act 1958 and the Victoria State Emergency Service Act 2005 to— (i) insert a definition of major emergency; and (ii) incorporate a general emergency responsibility to assist in the response to large scale emergencies; (d) to amend the Emergency Management Act 1986 to enhance police powers relating to the declaration of emergency areas and the operation of roadblocks and to realign the offence relating to the making of false claims for compensation; s. 1 -- 8 of 78 -- Part 1—Preliminary Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 3 Authorised by the Chief Parliamentary Counsel (e) to amend the Emergency Services Telecommunications Authority Act 2004 to allow the Emergency Services Commissioner to determine generic as well as agency specific standards for the service performance of the Emergency Services Telecommunications Authority and to remove redundant references to certain ambulance services; (f) to amend the Forests Act 1958 to insert an immunity provision applying to authorised officers and other persons in relation to things done or omitted to be done in the exercise of powers or the discharge of duties relating to fire management activities; (g) to amend the Summary Offences Act 1966 as result of changes made to the Country Fire Authority Act 1958 and the Metropolitan Fire Brigades Act 1958. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 December 2012, it comes into operation on that day. __________________ s. 2 -- 9 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 4 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENT OF COUNTRY FIRE AUTHORITY ACT 1958 3 Amendment of section 3—Definitions In section 3(1) of the Country Fire Authority Act 1958— (a) in the definition of administrative unit, for "Department" substitute "department"; (b) in the definition of apparatus, for "life or property in case of fire" substitute "life, property or the environment or the performance of any function or duty under this Act"; (c) for the definition of brigade substitute— "brigade means a brigade registered by the Authority under section 23(1)(b);"; (d) in the definition of Chief Officer omit "urban and rural"; (e) in the definition of country area of Victoria for "metropolitan fire district" substitute "metropolitan district"; (f) in the definition of Deputy Chief Officer omit "urban and rural"; (g) in the definition of fire— (i) in paragraph (b), for "extinguished;" substitute "extinguished; and"; (ii) after paragraph (b) insert— "(c) the threat of a fire re-igniting;"; (h) for the definition of owner substitute— "owner has the same meaning as it has in section 3(1) of the Subdivision Act 1988;"; s. 3 See: Act No. 6228. Reprint No. 13 as at 6 May 2010 and amending Act Nos 6/2010, 29/2010, 54/2010, 64/2010, 73/2010, 78/2010, 10/2011, 29/2011 and 56/2011. LawToday: www. legislation. vic.gov.au -- 10 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 5 Authorised by the Chief Parliamentary Counsel (i) the definitions of metropolitan fire district, rural brigade, rural district, urban brigade and urban district are repealed; (j) insert the following definitions— "Department means the Department of Sustainability and Environment; group of brigades means a group of brigades registered by the Authority under section 23A(3); 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; interstate 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 Victoria but within Australia; metropolitan district has the same meaning as it has in section 3(1) of the Metropolitan Fire Brigades Act 1958; s. 3 -- 11 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 6 Authorised by the Chief Parliamentary Counsel 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; owners corporation has the same meaning as it has in section 3 of the Owners Corporations Act 2006;". 4 Amendment of section 4—Declaration of fire danger period (1) Insert the following heading to section 4 of the Country Fire Authority Act 1958— "Declaration of fire danger period". (2) In section 4 of the Country Fire Authority Act 1958 omit "of Natural Resources and Environment". 5 Amendment of section 7—Constitution of Authority (1) In section 7(1)(b) of the Country Fire Authority Act 1958 for "rural brigades" substitute "brigades predominantly serving rural communities". (2) In section 7(1)(c) of the Country Fire Authority Act 1958 for "urban brigades" substitute "brigades predominantly serving urban communities". 6 Amendment of section 11A—Conflicts of interest In section 11A(3)(a) of the Country Fire Authority Act 1958 for "full declaration of the interest has been made" substitute "declaration of the interest has been made in accordance with this section". 7 Amendment of section 13—Expenses of chairman and members In section 13(2) of the Country Fire Authority Act 1958 after "scene of any fire" insert "or". s. 4 -- 12 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 7 Authorised by the Chief Parliamentary Counsel 8 New section 20AAA inserted After section 20 of the Country Fire Authority Act 1958 insert— "20AAA Duty to assist in major emergency (1) In addition to any other of its duties and functions under this Act, the Authority must assist in the response to any major emergency occurring within Victoria. (2) In this section— emergency agency means— (a) the Authority; (b) the Metropolitan Fire and Emergency Services Board established under the Metropolitan Fire Brigades Act 1958; (c) the Secretary to the Department of Sustainability and Environment when performing functions or duties or exercising powers under section 62(2) of the Forests Act 1958; (d) the Victoria State Emergency Service Authority established under the Victoria State Emergency Service Act 2005; major emergency means— (a) a large or complex emergency (however caused) which— (i) has the potential to cause or is causing loss of life and extensive damage to property, infrastructure or the environment; or s. 8 -- 13 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 8 Authorised by the Chief Parliamentary Counsel (ii) has the potential to have or is having significant adverse consequences for the Victorian community or a part of the Victorian community; or (iii) requires the involvement of 2 or more emergency agencies to respond to the emergency; or (b) a major fire within the meaning of the Fire Services Commissioner Act 2010.". 9 Amendment of section 20AA—General powers of Authority For section 20AA(4) of the Country Fire Authority Act 1958 substitute— "(4) Subsection (3)(a) does not apply to an agreement or arrangement for the provision of goods or services by the Authority— (a) to a brigade or group of brigades or to a person acting on behalf of a brigade or group of brigades; or (b) where the provision of those goods or services falls within the general duties and functions of the Authority.". 10 Section 20B substituted For section 20B of the Country Fire Authority Act 1958 substitute— "20B False alarm of fire (1) This section applies if a fire brigade in the country area of Victoria responds to a false alarm of fire at a premises given by or originating from— s. 9 -- 14 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 9 Authorised by the Chief Parliamentary Counsel (a) an automatic fire alarm system; or (b) equipment designed to detect a fire or other emergency conditions and transmit a signal of that detection. (2) The Authority may, by written notice, require the owner, occupier or owners corporation of the premises to provide details of the circumstances of the false alarm to the Authority. (3) A person who receives a notice under subsection (2) may provide the Authority with an explanation of the circumstances of the false alarm of fire and any information supporting the explanation including maintenance and testing records. (4) The Authority is not required to consider an explanation given by a person under subsection (3) unless it is— (a) in writing; and (b) provided to the Authority within 14 days after the person has received the notice under subsection (2). (5) After the expiry of the period provided under subsection (4)(b) for the provision of an explanation, the Authority must consider whether or not there was a reasonable excuse for the occurrence of the false alarm having regard to— (a) subject to subsection (4), any explanation and information provided by the person under subsection (3); and (b) any report of the officer in charge of the fire brigade who attended at the false alarm at the premises; and s. 10 -- 15 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 10 Authorised by the Chief Parliamentary Counsel (c) the history of any attendances at the premises; and (d) any other information that the Authority considers is relevant. (6) If, after considering the matters referred to in subsection (5), the Authority is not satisfied that there was a reasonable excuse for the occurrence of the false alarm of fire, the Authority may by written notice require the person to whom the notice under subsection (2) was given to pay to the Authority the fees and charges prescribed for the attendance of the fire brigade in response to the false alarm. (7) A person who receives a notice under subsection (6) may apply to VCAT for review of the decision of the Authority to issue the notice. (8) An application under subsection (7) for a review must be made within 28 days after the later of— (a) the day on which the applicant is notified of the decision; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision—the day on which— (i) the statement of reasons is given to the applicant; or (ii) the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given. s. 10 -- 16 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 11 Authorised by the Chief Parliamentary Counsel (9) This section does not apply in relation to an industry brigade.". 11 Amendment of section 22—Persons holding property of brigade (1) In section 22(1) of the Country Fire Authority Act 1958 for "an urban or rural brigade" substitute "a brigade". (2) In section 22(2) of the Country Fire Authority Act 1958 omit "urban or rural". 12 Amendment of section 23—General powers of Authority with respect to brigades, apparatus etc. (1) In section 23(1)(a) of the Country Fire Authority Act 1958 omit "urban fire brigades volunteer rural". (2) In section 23(1)(b) of the Country Fire Authority Act 1958— (a) omit "subject to subsection (2),"; (b) omit "in respect of any urban or rural district". (3) In section 23(1)(d) of the Country Fire Authority Act 1958 omit "urban brigades or any rural". (4) Section 23(2) of the Country Fire Authority Act 1958 is repealed. 13 Amendment of section 23AA—Industry brigades In section 23AA(3) of the Country Fire Authority Act 1958 after "must" insert ", within a reasonable time,". 14 Amendment of section 23A—Groups of brigades In section 23A(1) of the Country Fire Authority Act 1958 for "extinction" substitute "suppression". s. 11 -- 17 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 12 Authorised by the Chief Parliamentary Counsel 15 Amendment of section 27—Chief Officer to have control of all brigades etc. At the end of section 27 of the Country Fire Authority Act 1958 insert— "(2) The Chief Officer may— (a) classify a brigade based on its risk profile; and (b) designate the area of operation of a brigade.". 16 Amendment of section 30—Powers of officers at fires (1) In section 30(1) of the Country Fire Authority Act 1958 for "in any urban or rural district" substitute "anywhere within the country area of Victoria". (2) For section 30(1)(f) and (g) of the Country Fire Authority Act 1958 substitute— "(f) The Chief Officer may close any road or part of any road affected, or likely to be affected, by a fire or smoke from a fire and may direct traffic on any road in the vicinity of the closed road (or closed part of a road); (g) If a person is interfering, by his or her presence or otherwise, with the operations of any brigade or group of brigades or is in or on any land, building or premises that is burning or threatened by fire, the Chief Officer may— (i) order the person to withdraw and may include in the order a direction to immediately leave any area affected by the fire by the safest and shortest route; and s. 15 -- 18 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 13 Authorised by the Chief Parliamentary Counsel (ii) in the event that the person fails or refuses to withdraw—remove the person or direct a member of a fire brigade or a member of the police force present at the fire to remove the person;". 17 Amendment of section 30A—Authorisation of certain persons (1) In section 30A(1)(c) of the Country Fire Authority Act 1958— (a) omit "of Sustainability and Environment"; (b) for "that" (where first occurring) substitute "the"; (c) for "that Act." substitute "that Act;". (2) After section 30A(1)(c) of the Country Fire Authority Act 1958 insert— "(d) a person engaged by the Secretary under section 62C of the Forests Act 1958.". 18 Amendment of section 31—Police to assist Chief Officer (1) For section 31(3)(b) of the Country Fire Authority Act 1958 substitute— "(b) if a person is interfering, by his or her presence or otherwise, with the operations of any brigade or group of brigades or is in or on any land, building or premises that is burning or threatened by fire— (i) order the person to withdraw and may include in the order a direction to immediately leave any area affected by the fire by the safest and shortest route; and s. 17 -- 19 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 14 Authorised by the Chief Parliamentary Counsel (ii) in the event that the person fails or refuses to withdraw—remove the person.". (2) In section 31(4) of the Country Fire Authority Act 1958 for "this or the last preceding section" substitute "this section or section 30". 19 Amendment of section 32—Duties of water, electricity and gas suppliers (1) Insert the following heading to section 32 of the Country Fire Authority Act 1958— "Duties of water, electricity and gas suppliers". (2) In section 32(2) of the Country Fire Authority Act 1958 for "any urban district" substitute "the country area of Victoria". 20 Amendment of section 33—Determination of sole responsibility for fire suppression in certain areas (1) In section 33(1)(a) of the Country Fire Authority Act 1958 for "metropolitan fire district" substitute "metropolitan district". (2) In section 33(2)(a) of the Country Fire Authority Act 1958 for "Metropolitan Fire Brigade" substitute "Metropolitan Fire and Emergency Services Board". (3) In section 33(2)(b) of the Country Fire Authority Act 1958— (a) for "forest officer" substitute "person to whom section 30A applies"; (b) for "a forest officer" substitute "such a person". (4) In section 33(2)(c) of the Country Fire Authority Act 1958— (a) for "metropolitan fire district" substitute "metropolitan district"; s. 19 -- 20 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 15 Authorised by the Chief Parliamentary Counsel (b) for "Metropolitan Fire Brigade" (wherever occurring) substitute "Metropolitan Fire and Emergency Services Board". 21 Amendment of section 34—Duties of owner etc. of land in case of fire during fire danger period (1) In section 34(1)(a) of the Country Fire Authority Act 1958 for "possible" substitute "reasonable". (2) In section 34(1)(b) of the Country Fire Authority Act 1958 for "forest officer" substitute "person to whom section 30A applies". (3) At the foot of section 34(1) of the Country Fire Authority Act 1958 insert— "Penalty: 120 penalty units or imprisonment for 12 months or both.". (4) In section 34(2) of the Country Fire Authority Act 1958 for "possible" substitute "reasonable". (5) For the penalty at the foot of section 34(2) of the Country Fire Authority Act 1958 substitute— "Penalty: 120 penalty units or imprisonment for 12 months or both.". 22 New section 36A inserted After section 36 of the Country Fire Authority Act 1958 insert— "36A Determination of sole responsibility for fire prevention in certain areas (1) The Authority and the Secretary may jointly determine that either the Authority or the Secretary is solely responsible for the prevention of fires in any part of Victoria which lies outside the metropolitan district. s. 21 -- 21 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 16 Authorised by the Chief Parliamentary Counsel (2) Notice of a determination under subsection (1), describing by plan or otherwise the part of Victoria affected by the determination must be published in the Government Gazette and a newspaper circulating generally in that part of Victoria. (3) A determination under subsection (1) takes effect on the day that it is published in accordance with subsection (2).". 23 Amendment to section 37—General prohibition against lighting open air fires For the penalty at the foot of section 37 of the Country Fire Authority Act 1958 substitute— "Penalty: 120 penalty units or imprisonment for 12 months or both.". 24 New section 37A inserted After section 37 of the Country Fire Authority Act 1958 insert— "37A Direction not to light fire (1) The Chief Officer may, for the purpose of protecting life, property or the environment, direct a person or persons to not light a fire at a place and within a period of time specified in the direction. (2) A person must not, without reasonable excuse, fail to comply with a direction given to the person by the Chief Officer under subsection (1). Penalty: 120 penalty units or imprisonment for 12 months or both.". s. 23 -- 22 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 17 Authorised by the Chief Parliamentary Counsel 25 Amendment of section 38—Lighting fires in accordance with permit (1) After section 38(2) of the Country Fire Authority Act 1958 insert— "(2A) A permit granted under subsection (1) may allow the person to whom it is granted to light a fire or fires at any time within a period specified in the permit subject to any conditions or restrictions contained in the permit.". (2) For section 38(3) of the Country Fire Authority Act 1958 substitute— "(3) A person to whom a permit is issued under subsection (1) must comply with each of the conditions and restrictions contained in the permit. Penalty: 120 penalty units or imprisonment for 12 months or both.". 26 Amendment of section 38A—Fires for certain purposes to be lawful (1) Section 38A(1)(a)(iii) of the Country Fire Authority Act 1958 is repealed. (2) In section 38A(1)(b)(iii) of the Country Fire Authority Act 1958 for "of the incinerator are cleared of all flammable material" substitute "from the outer perimeters of the incinerator are clear of flammable material". (3) In section 38A(1)(c) of the Country Fire Authority Act 1958 after "honey," insert "relocating bees, rail maintenance,". s. 25 -- 23 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 18 Authorised by the Chief Parliamentary Counsel (4) For section 38A(1A) of the Country Fire Authority Act 1958 substitute— "(1A) For the purposes of subsection (1)— incinerator means a structure or device which is used, or may be used, for the destruction or disposal of unwanted materials by burning and is— (a) constructed from non-flammable material; and (b) fitted with a shield or guard of non-flammable material to prevent the emission of sparks, embers or other burning material; properly constructed fireplace means a fireplace that is constructed of stone, metal, concrete or any other non- flammable material so as to contain the perimeter of the fire.". 27 Amendment of section 39—Prohibited actions near fires (1) In section 39(a)(i) of the Country Fire Authority Act 1958 after "another person" insert "who has the capacity and the means to extinguish the fire". (2) In section 39(d) of the Country Fire Authority Act 1958— (a) after "burning" insert "unattended"; (b) for "forest officer" substitute "person to whom section 30A applies". (3) For the penalty at the foot of section 39 of the Country Fire Authority Act 1958 substitute— "Penalty: 120 penalty units or imprisonment for 12 months or both.". s. 27 -- 24 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 19 Authorised by the Chief Parliamentary Counsel 28 Amendment of section 39E—Prohibition of high fire risk activities For the penalty at the foot of section 39E(1) of the Country Fire Authority Act 1958 substitute— "Penalty: 120 penalty units or imprisonment for 12 months or both.". 29 Amendment of section 40—Provisions about total fire bans (1) For the penalty at the foot of section 40(4) of the Country Fire Authority Act 1958 substitute— "Penalty: 240 penalty units or imprisonment for 2 years or both.". (2) Section 40(4A) and (4B) of the Country Fire Authority Act 1958 are repealed. (3) For section 40(4C)(c) of the Country Fire Authority Act 1958 substitute— "(c) at all times when the fire in the appliance is alight the appliance is attended by an adult who has the capacity and the means to extinguish the fire.". (4) For section 40(4D) of the Country Fire Authority Act 1958 substitute— "(4D) For the purposes of subsection (4C)— fixed appliance means— (a) a properly constructed and permanently fixed structure of stone, metal, concrete or any other non-flammable material designed exclusively for meal preparation and fired by gas or electricity; or s. 28 -- 25 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 20 Authorised by the Chief Parliamentary Counsel (b) an appliance that is designed and commercially manufactured exclusively for meal preparation and that— (i) uses only gas or electricity; and (ii) when alight is placed in a stable position.". (5) In section 40(4F) of the Country Fire Authority Act 1958 for "community charitable organisation" substitute "community organisation, a charitable organisation or an organisation involved in fund raising". (6) At the foot of section 40(4F) of the Country Fire Authority Act 1958 insert— "Example A school or sporting group involved in fund raising.". (7) In section 40(5) of the Country Fire Authority Act 1958 for "the purpose of carrying on the work of a community charitable organisation, statutory corporation or municipal council or an industrial operation or trade, or for the purpose of public entertainment," substitute "a purpose specified in subsection (5A)". (8) In section 40(5)(a) of the Country Fire Authority Act 1958— (a) for "metropolitan fire district" substitute "metropolitan district"; (b) for "Chief Fire Officer of the Metropolitan Fire Brigades" substitute "Chief Officer of the Metropolitan Fire and Emergency Services". (9) In section 40(5)(c) of the Country Fire Authority Act 1958 for "Chief Fire Officer in the Department of Natural Resources and s. 29 -- 26 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 21 Authorised by the Chief Parliamentary Counsel Environment" substitute "Chief Fire Officer in the Department". (10) After section 40(5) of the Country Fire Authority Act 1958 insert— "(5A) For the purposes of subsection (5), the following purposes are specified— (a) the purpose of carrying on the work of— (i) a community organisation; or (ii) a charitable organisation; or (iii) an organisation involved in fund raising; or (iv) a statutory corporation; or (v) a municipal council; or (vi) an industrial operation or trade; (b) the purpose of public entertainment; (c) religious or cultural purposes.". (11) For section 40(9) of the Country Fire Authority Act 1958 substitute— "(9) A person who has been granted a permit under subsection (4E), (5) or (8) must not, in a part of Victoria where and at a time when a declaration of total fire ban applies, light a fire in the open air or allow a fire in the open air to remain alight without complying with every condition to which the relevant permit is subject. Penalty: 240 penalty units or imprisonment for 2 years or both.". (12) In section 40(10)(a) of the Country Fire Authority Act 1958 after "responsibility for the" insert "prevention or". s. 29 -- 27 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 22 Authorised by the Chief Parliamentary Counsel 30 Amendment of section 41—Fire prevention notices For section 41(3)(d) of the Country Fire Authority Act 1958 substitute— "(d) must contain any prescribed information.". 31 Amendment of section 41B—Objection to notices (1) In section 41B(1) of the Country Fire Authority Act 1958 for "an objection" substitute "a written objection". (2) For section 41B(2) of the Country Fire Authority Act 1958 substitute— "(2) If— (a) a person lodges an objection in accordance with subsection (1); and (b) the fire prevention officer considers the grounds of objection to be reasonable— the fire prevention officer must consult with the person and make a genuine attempt to resolve the matter that is the subject of the fire prevention notice.". 32 Amendment to section 41D—Compliance with notices For the penalty at the foot of section 41D(1) of the Country Fire Authority Act 1958 substitute— "Penalty: 120 penalty units or imprisonment for 12 months or both.". 33 Amendment to section 41E—Fire prevention infringement notices (1) In section 41E(1) of the Country Fire Authority Act 1958— (a) for "believes" substitute "has reason to believe"; s. 30 -- 28 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 23 Authorised by the Chief Parliamentary Counsel (b) omit ", requiring that person to pay a penalty of 2 penalty units". (2) After section 41E(2) of the Country Fire Authority Act 1958 insert— "(3) The infringement penalty for an offence against section 41D is 10 penalty units.". 34 Repeal of section 44 Section 44 of the Country Fire Authority Act 1958 is repealed. 35 Amendment of section 44A—Power of Chief Officer to close roads (1) For section 44A(1) of the Country Fire Authority Act 1958 substitute— "(1) This section applies— (a) if there is a fire or a threat of a fire anywhere within the country area of Victoria; and (b) regardless of whether the fire is lighted under and in accordance with this Division or is part of burning off operations carried out under and in accordance with this Act or any direction or permit given or issued under this Act or under and in accordance with the Forests Act 1958 or any direction or authority given under that Act. (1A) The Chief Officer may, for the purpose of protecting life, property or the environment, or if in his or her opinion smoke from a fire impairs visibility on any road to such an extent that the safety of any persons using the road is endangered— s. 34 -- 29 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 24 Authorised by the Chief Parliamentary Counsel (a) close any road or part of any road affected, or likely to be affected, as a consequence of a fire or smoke from a fire; and (b) direct traffic on any road in the vicinity of the closed road or closed part of a road.". (2) In section 44A(2) of the Country Fire Authority Act 1958 for "forest officer" substitute "person to whom section 30A applies". 36 Amendment of section 45—Power to Governor in Council to transfer municipal officers' powers In section 45(1) of the Country Fire Authority Act 1958 for "any urban or rural district or any part of any urban or rural district" substitute "any part of the country area of Victoria". 37 Amendment of section 48—Power to police, Chief Officer etc. to direct extinguishment of fire (1) For section 48(2) of the Country Fire Authority Act 1958 substitute— "(2) An owner, occupier or person to whom a direction has been given under subsection (1A) must, without delay, take all reasonable steps to comply with the direction. Penalty: 120 penalty units or imprisonment for 12 months or both.". (2) Section 48(3) of the Country Fire Authority Act 1958 is repealed. s. 36 -- 30 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 25 Authorised by the Chief Parliamentary Counsel 38 Amendment of section 49—Obligation of sawmillers For the penalty at the foot of section 49 of the Country Fire Authority Act 1958 substitute— "Penalty: 60 penalty units.". 39 New section 50AA inserted After section 50 of the Country Fire Authority Act 1958 insert— "50AA Alarm monitoring service to provide prescribed information (1) The Authority may, by written notice, require a person who conducts an alarm monitoring service to provide to the Authority the prescribed information within the prescribed period. (2) A person must comply with a notice given by the Authority under this section within the prescribed period. Penalty: 60 penalty units. (3) In this section— alarm monitoring service means a business that— (a) receives signals from equipment located at a premises that is designed to detect fire or other emergency conditions at that premises; and (b) transmits those signals as appropriate.". 40 Amendment of section 52—Appointment of regional fire prevention committees In section 52(1) of the Country Fire Authority Act 1958 omit "(not being a region consisting wholly of urban districts)". s. 38 -- 31 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 26 Authorised by the Chief Parliamentary Counsel 41 Amendment of section 54—Appointment of municipal fire prevention committees In section 54(2)(b) of the Country Fire Authority Act 1958 omit "urban or rural". 42 Amendment of section 55A—Municipal fire prevention plans In section 55A(2)(cb) of the Country Fire Authority Act 1958 for "designate" substitute "designating". 43 Amendment of section 62—Definitions for Part V In section 62 of the Country Fire Authority Act 1958— (a) in the definition of casual fire-fighter, for "(including an enrolled officer or member of an industry brigade but not including an enrolled officer or member of any other brigade)" substitute "(other than an enrolled officer or member of any brigade, including an industry brigade)"; (b) in the definition of officer in charge— (i) for "forest officer" substitute "person to whom section 30A applies"; (ii) for "metropolitan fire brigade" substitute "Metropolitan Fire and Emergency Services Board". 44 Amendment of section 74E—Remuneration and allowances In section 74E of the Country Fire Authority Act 1958 for "from time to time" substitute "as are". s. 41 -- 32 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 27 Authorised by the Chief Parliamentary Counsel 45 Amendment of section 74G—Vacancies After section 74G(1) of the Country Fire Authority Act 1958 insert— "(1A) A resignation under subsection (1) takes effect— (a) on the date specified in the letter; or (b) if no date is specified in the letter—on the day the letter is received by the Minister.". 46 New section 87AA inserted After section 87 of the Country Fire Authority Act 1958 insert— "87AA Authority may charge for services under other Acts and regulations If the Authority is required or permitted under another Act, or regulations made under another Act, to provide services (including any advisory services), the Authority may charge for the provision of those services in accordance with the regulations.". 47 Amendment of section 91—Owners of houses and property to give information as to insurance For section 91(3) of the Country Fire Authority Act 1958 substitute— "(3) A person to whom a request for information in relation to the person's insurance has been made under this section must, without delay, comply with that request. Penalty: 60 penalty units. (4) A person to whom a request for information in relation to the person's insurance has been made under this section must not, in response to that request, give information s. 45 -- 33 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 28 Authorised by the Chief Parliamentary Counsel that the person knows to be false or give particulars that the person knows to be incorrect. Penalty: 60 penalty units.". 48 Amendment of section 92—Immunity provision For section 92(1)(c) of the Country Fire Authority Act 1958 substitute— "(c) any officer or member of— (i) any brigade or group of brigades; or (ii) an interstate fire brigade; or (iii) an international fire brigade;". 49 Sections 93 and 93A substituted For sections 93 and 93A of the Country Fire Authority Act 1958 substitute— "93 Damage to be covered by fire insurance (1) This section applies if, in the exercise of any power or the performance of any duty conferred or imposed by or under this Act, damage to property is caused by— (a) the Chief Officer; or (b) any officer exercising the powers of the Chief Officer; or (c) any officer or member of— (i) any brigade or group of brigades; or (ii) an interstate fire brigade; or (iii) an international fire brigade; or (d) any brigade or group of brigades; or (e) an interstate fire brigade; or (f) an international fire brigade. s. 48 -- 34 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 29 Authorised by the Chief Parliamentary Counsel (2) The damage is taken to be damage by fire within the meaning of any policy of insurance against fire covering the property so damaged. (3) Subsection (2) applies despite any clause or condition to the contrary contained in the policy of insurance. 93A Interstate fire brigades and international fire brigades (1) Subject to subsection (2), an officer or member of an interstate fire brigade or of an international fire brigade who is present in the country area of Victoria for the purpose of endeavouring to prevent or suppress a fire (including the prevention of a fire outside the country area of Victoria spreading to the country area of Victoria) or to protect life and property must— (a) place himself or herself and any equipment or gear in his or her charge (including a fire engine) at the disposal of; and (b) obey any orders given to him or her by— the Chief Officer or other officer or member who is in charge of the fire fighting operations and is present at the fire. (2) If the Chief Officer or other officer or member in charge of the fire fighting operations is not present at the fire, then, until the arrival of the Chief Officer or other officer or member, an officer or member of the interstate fire brigade or international fire brigade who is present at the fire and in charge of that interstate fire brigade or international fire brigade has and may s. 49 -- 35 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 30 Authorised by the Chief Parliamentary Counsel exercise all the powers, authorities, duties and functions which by or under this Act are conferred or imposed on the Chief Officer. (3) Subsection (4) applies if, for the purpose of endeavouring to prevent or suppress a fire (including the prevention of a fire outside the country area of Victoria spreading to the country area of Victoria) or to protect life or property, an interstate fire brigade or an international fire brigade sends only equipment or resources to the country area of Victoria. (4) If this subsection applies, then, while the equipment or resources remain in the country area of Victoria, the equipment or resources are subject to the control of the Chief Officer or other officer or member who is in charge of the fire fighting operations and is present at the fire.". 50 Amendment of section 98—Place where fire occurs (1) In section 98(2) of the Country Fire Authority Act 1958 for "the Officer's" substitute "the Chief Officer's". (2) In section 98(3) of the Country Fire Authority Act 1958 for "Authority or Officer" (wherever occurring) substitute "Authority or Chief Officer". 51 Amendment of section 102—Collections for brigades to be authorized by Authority For section 102(2) of the Country Fire Authority Act 1958 substitute— "(2) A person must not solicit or collect contributions or subscriptions for the purposes of any brigade, group of brigades or association in the country area of Victoria s. 50 -- 36 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 31 Authorised by the Chief Parliamentary Counsel unless the person is authorised to do so under subsection (1). Penalty: 10 penalty units. (3) A person who is authorised under subsection (1) to collect contributions or subscriptions for the purposes of any brigade, group of brigades or association must comply with any conditions to which the authority is subject. Penalty: 10 penalty units.". 52 Amendment of section 103A—Australian Fire Brigades Charges Scheme For section 103A(2) and (3) of the Country Fire Authority Act 1958 substitute— "(2) If Lloyd's fails to comply with subsection (1), section 80A applies to Lloyd's.". 53 New section 106A inserted After section 106 of the Country Fire Authority Act 1958 insert— "106A Damage or interference with fire indicator panel or other apparatus (1) A person must not, without reasonable excuse, damage or interfere with a fire indicator panel. Penalty: 60 penalty units. (2) For the purposes of subsection (1), interference with a fire indicator panel includes any action that causes the transmission of the signal from the fire indicator panel to be isolated, disconnected or disabled. s. 52 -- 37 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 32 Authorised by the Chief Parliamentary Counsel (3) Subsection (1) does not apply to an officer or employee of the Authority who is acting in the exercise of any power or in the performance of any duty conferred or imposed under this Act. (4) If a fire indicator panel detects a fire and sounds an alarm, a person must not, without the consent of the Authority or reasonable excuse, reset the fire indicator panel. Penalty: 60 penalty units. (5) In this section— fire indicator panel includes any apparatus designed to detect a fire or other emergency conditions and transmit the signal of that detection to the Authority either directly or via an approved monitoring provider.". 54 New section 107 substituted For section 107 of the Country Fire Authority Act 1958 substitute— "107 Obstruction of officers and damage to apparatus (1) A person must not, without reasonable excuse, obstruct, hinder or interfere with— (a) the Chief Officer; or (b) any other officer or employee of the Authority; or (c) any officer or member of— (i) a brigade; or (ii) a group of brigades; or (iii) an interstate fire brigade; or (iv) an international fire brigade; or s. 54 -- 38 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 33 Authorised by the Chief Parliamentary Counsel (d) any other person— who is exercising a power or performing a duty conferred or imposed by or under this Act. Penalty: 60 penalty units. (2) A person must not, without reasonable excuse, damage or interfere with— (a) any apparatus or other property of— (i) the Authority; or (ii) a brigade; or (iii) a group of brigades; or (iv) an interstate fire brigade; or (v) an international fire brigade; or (b) a fire alarm, hydrant, water plug or other apparatus for the prevention or suppression of fire. Penalty: 60 penalty units. (3) A person must not, without reasonable excuse, drive a vehicle over a fire hose. Penalty: 60 penalty units. (4) A person must not, without reasonable excuse, drive a vehicle within such proximity to the place of a fire or to any apparatus in use at a fire as to interfere with— (a) the operations of any brigade, group of brigades, interstate fire brigade or international fire brigade; or (b) the use of the apparatus. Penalty: 60 penalty units.". s. 54 -- 39 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 34 Authorised by the Chief Parliamentary Counsel 55 New section 107A substituted For section 107A of the Country Fire Authority Act 1958 substitute— "107A Offences relating to impersonation (1) A person must not use any name, title or description to imply an association with the Authority, without the written authority of the Authority. Penalty: 60 penalty units. (2) A person must not represent that the person is associated with the Authority unless such an association exists. Penalty: 60 penalty units. (3) A person must not impersonate an officer of the Authority or a member or volunteer. Penalty: 60 penalty units. (4) A person must not use any insignia described or set out in the regulations in any manner contrary to the manner set out in the regulations without the written authority of the Authority. Penalty: 60 penalty units.". 56 New section 107B inserted After section 107A of the Country Fire Authority Act 1958 insert— "107B False report of fire (1) A person must not give or cause to be given a false report of a fire to a brigade in the country area of Victoria knowing the report to be false. Penalty: 60 penalty units. s. 55 -- 40 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 35 Authorised by the Chief Parliamentary Counsel (2) In addition to any penalty imposed under subsection (1), the court may order a person convicted of an offence under subsection (1) to pay to the Authority— (a) the fees and charges prescribed for the attendance of the brigade in response to the false report; or (b) a lesser amount as the court thinks fit.". 57 Repeal of section 109 Section 109 of the Country Fire Authority Act 1958 is repealed. 58 Amendment of section 110—Regulations (1) In section 110(1)(g)(ii) of the Country Fire Authority Act 1958 after "brigade" insert ", including an industry brigade". (2) For section 110(1)(la) of the Country Fire Authority Act 1958 substitute— "(la) for providing for— (i) the adoption of constitutions for brigades and groups of brigades and the matters to be included in those constitutions; or (ii) the adoption of prescribed constitutions for brigades and groups of brigades;". (3) After section 110(1)(ua) of the Country Fire Authority Act 1958 insert— "(ub) for prescribing the information that an alarm monitoring service must provide to the Authority for the purposes of section 50AA and the period of time within which that information must be provided;". (4) In section 110(1)(v) of the Country Fire Authority Act 1958 omit "in urban districts". s. 57 -- 41 of 78 -- Part 2—Amendment of Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 36 Authorised by the Chief Parliamentary Counsel (5) For section 110(1)(w) of the Country Fire Authority Act 1958 substitute— "(w) for prescribing for the purposes of this Act, the fees and charges of any brigade in relation to attendance at any fire, answering any alarm or responding to any report of a fire;". (6) For section 110(1)(wa) of the Country Fire Authority Act 1958 substitute— "(wa) for prescribing, or authorising the Authority to fix, the fees and charges to be paid to the Authority for— (i) the inspection by the Authority of plans, premises and equipment for the prevention and suppression of fire; (ii) any service the Authority is empowered to provide under this or any other Act; (iii) any other service rendered by the Authority or by officers of the Authority (whether within or outside Victoria);". (7) Section 110(1)(wc) of the Country Fire Authority Act 1958 is repealed. (8) In section 110(1)(zc) of the Country Fire Authority Act 1958 for "10 penalty units" substitute "20 penalty units". __________________ s. 58 -- 42 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 37 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENT OF METROPOLITAN FIRE BRIGADES ACT 1958 59 Amendment of section 2—Purposes In section 2(a) of the Metropolitan Fire Brigades Act 1958 for "metropolitan fire district" substitute "metropolitan district". 60 Amendment of section 3—Definitions In section 3(1) of the Metropolitan Fire Brigades Act 1958— (a) for the definition of emergency substitute— "emergency has the same meaning as in section 4(1) of the Emergency Management Act 1986;"; (b) in the definition of fire— (i) in paragraph (b), for "extinguished;" substitute "extinguished; and"; (ii) after paragraph (b) insert— "(c) the threat of a fire re-igniting;"; (c) for the definition of metropolitan district substitute— "metropolitan district means the metropolitan fire district established under section 4;"; (d) for the definition of owner substitute— "owner has the same meaning as it has in section 3(1) of the Subdivision Act 1988;"; s. 59 See: Act No. 6315. Reprint No. 11 as at 16 June 2011. LawToday: www. legislation. vic.gov.au -- 43 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 38 Authorised by the Chief Parliamentary Counsel (e) for the definition of unit substitute— "unit means a brigade or other fire or emergency service unit established under this Act;"; (f) insert the following definitions— "Emergency Services Telecommunications Authority means the Emergency Services Telecommunications Authority established under section 5 of the Emergency Services Telecommunications Authority Act 2004; 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; interstate 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 Victoria but within Australia; s. 60 -- 44 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 39 Authorised by the Chief Parliamentary Counsel owners corporation has the same meaning as it has in section 3 of the Owners Corporations Act 2006;". 61 Amendment of section 6—Metropolitan Fire and Emergency Services Board In section 6(2)(b) of the Metropolitan Fire Brigades Act 1958 for "a common seal" substitute "an official seal". 62 Amendment of section 7—Functions of Board (1) In section 7(1)(a) and (b) of the Metropolitan Fire Brigades Act 1958 for "metropolitan fire district" substitute "metropolitan district". (2) In section 7(1)(c) of the Metropolitan Fire Brigades Act 1958 for "under this Act or any other Act" substitute "under this Act or the regulations or any other Act or any regulations under that Act". (3) In section 7(3) of the Metropolitan Fire Brigades Act 1958 for "metropolitan fire district" substitute "metropolitan district". 63 New section 7AA inserted After section 7 of the Metropolitan Fire Brigades Act 1958 insert— "7AA Duty to assist in major emergency (1) In addition to any other of its duties and functions under this Act, the Board must assist in the response to any major emergency occurring within Victoria. s. 61 -- 45 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 40 Authorised by the Chief Parliamentary Counsel (2) In this section— emergency agency means— (a) the Board; (b) the Country Fire Authority established under the Country Fire Authority Act 1958; (c) the Secretary to the Department of Sustainability and Environment when performing functions or duties or exercising powers under section 62(2) of the Forests Act 1958; (d) the Victoria State Emergency Service Authority established under the Victoria State Emergency Service Act 2005; major emergency means— (a) a large or complex emergency (however caused) which— (i) has the potential to cause or is causing loss of life and extensive damage to property, infrastructure or the environment; or (ii) has the potential to have or is having significant adverse consequences for the Victorian community or a part of the Victorian community; or (iii) requires the involvement of 2 or more emergency agencies to respond to the emergency; or s. 63 -- 46 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 41 Authorised by the Chief Parliamentary Counsel (b) a major fire within the meaning of the Fire Services Commissioner Act 2010.". 64 Amendment of section 11—Remuneration and allowances In section 11(1) of the Metropolitan Fire Brigades Act 1958 for "from time to time" substitute "as are". 65 New section 11A inserted After section 11 of the Metropolitan Fire Brigades Act 1958 insert— "11A Rights of President in relation to the public service and superannuation (1) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a person appointed as President of the Board in respect of the office of President. (2) If a person appointed as President of the Board was, immediately before his or her appointment, an employee in the public service, he or she is eligible at the termination of his or her term of office under this Act to be employed in the public service with a classification and remuneration corresponding with or higher than that which he or she held or received immediately before his or her appointment as the President of the Board as if the whole period of his or her service under this Act had been a period of service in the public service. (3) If a person appointed as President of the Board was, immediately prior to that appointment, an officer within the meaning of the State Superannuation Act 1988 or any corresponding previous enactment, he or she is, despite that appointment, taken to s. 64 -- 47 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 42 Authorised by the Chief Parliamentary Counsel continue subject to that Act to be an officer within the meaning of that Act.". 66 Amendment of section 13—Vacancies After section 13(1) of the Metropolitan Fire Brigades Act 1958, insert— "(1A) A resignation under subsection (1) takes effect— (a) on the date specified in the letter; or (b) if no date is specified in the letter—on the day the letter is received by the Minister.". 67 Amendment of section 14—Acting members In section 14(1) of the Metropolitan Fire Brigades Act 1958 after "period of" insert "the member's". 68 Amendment of section 24A—Power to acquire land In section 24A(1) of the Metropolitan Fire Brigades Act 1958 omit "which it is authorized to acquire under this Act or". 69 Amendment of section 24B—Power of delegation In section 24B of the Metropolitan Fire Brigades Act 1958 for "common seal" substitute "official seal". 70 Amendment of section 25A—General powers of Board For section 25A(4) of the Metropolitan Fire Brigades Act 1958 substitute— "(4) Subsection (3)(a) does not apply to an agreement or arrangement for the provision of goods or services by the Board— s. 66 -- 48 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 43 Authorised by the Chief Parliamentary Counsel (a) to a unit or group of units or to a person acting on behalf of a unit or group of units; or (b) where the provision of those goods or services falls within the general duties and functions of the Board.". 71 Amendment of section 26—Formation of units In section 26(1) of the Metropolitan Fire Brigades Act 1958 omit "and from time to time". 72 Amendment of section 31—Chief Officer Section 31(2) of the Metropolitan Fire Brigades Act 1958 is repealed. 73 Section 31A substituted For section 31A of the Metropolitan Fire Brigades Act 1958 substitute— "31A Delegation of powers by Chief Officer The Chief Officer may, by written instrument, delegate to any person by name or to the holder of an office or position approved by the Board, either generally or as otherwise provided by the instrument, any power or authority conferred on the Chief Officer under this Act or the regulations or under any other Act or any regulations under that Act, except this power of delegation.". 74 Amendment of section 32AA—Duty to warn the community In section 32AA of the Metropolitan Fire Brigades Act 1958 for "metropolitan fire district" substitute "metropolitan district". s. 71 -- 49 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 44 Authorised by the Chief Parliamentary Counsel 75 Amendment of section 32C—Destruction of building by Chief Officer In the heading to section 32C of the Metropolitan Fire Brigades Act 1958 omit "etc.". 76 Section 32D substituted For section 32D of the Metropolitan Fire Brigades Act 1958 substitute— "32D False alarm of fire (1) This section applies if a unit in the metropolitan district responds to a false alarm of fire at a premises given by or originating from— (a) an automatic fire alarm system; or (b) equipment designed to detect a fire or other emergency conditions and transmit a signal of that detection. (2) The Board may, by written notice, require the owner, occupier or owners corporation of the premises to provide details of the circumstances of the false alarm of fire to the Board. (3) A person who receives a notice under subsection (2) may provide the Board with an explanation of the circumstances of the false alarm of fire and any information supporting the explanation including maintenance and testing records. (4) The Board is not required to consider an explanation given by a person under subsection (3) unless it is— (a) in writing; and (b) provided to the Board within 14 days after the person has received the notice under subsection (2). s. 75 -- 50 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 45 Authorised by the Chief Parliamentary Counsel (5) After the expiry of the period provided under subsection (4)(b) for the provision of an explanation, the Board must consider whether or not there was a reasonable excuse for the occurrence of the false alarm having regard to— (a) subject to subsection (4), any explanation and information provided by the person under subsection (3); and (b) any report of the member of the operational staff who attended at the false alarm of fire at the premises; and (c) the history of any attendances at the premises; and (d) any other information that the Board considers is relevant. (6) If, after considering the matters referred to in subsection (5), the Board is not satisfied that there was a reasonable excuse for the occurrence of the false alarm of fire, the Board may by written notice require the person to whom the notice under subsection (2) was given to pay to the Board the fees and charges prescribed for the attendance of the unit in response to the false alarm. (7) A person who receives a notice under subsection (6) may apply to VCAT for review of the decision of the Board to issue the notice. (8) An application under subsection (7) for a review must be made within 28 days after the later of— s. 76 -- 51 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 46 Authorised by the Chief Parliamentary Counsel (a) the day on which the applicant is notified of the decision; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision—the day on which— (i) the statement of reasons is given to the applicant; or (ii) the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.". 77 New section 33 inserted After section 32D of the Metropolitan Fire Brigades Act 1958 insert— "33 False report of fire (1) A person must not give or cause to be given a false report of a fire to a unit in the metropolitan district knowing the report to be false. Penalty: 60 penalty units. (2) In addition to any penalty imposed under subsection (1), the court may order a person convicted of an offence under subsection (1) to pay to the Board— (a) the fees and charges prescribed for the attendance of the unit in response to the false report; or (b) a lesser amount as the court thinks fit.". s. 77 -- 52 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 47 Authorised by the Chief Parliamentary Counsel 78 Amendment of section 34—Power to make regulations (1) In section 34(1)(j) of the Metropolitan Fire Brigades Act 1958 for "brigades" (wherever occurring) substitute "units". (2) In section 34(1)(k) of the Metropolitan Fire Brigades Act 1958 omit "fire or emergency service". (3) For section 34(1)(o), (oa) and (ob) of the Metropolitan Fire Brigades Act 1958 substitute— "(o) for prescribing, or authorising the Board to fix, the fees and charges to be paid to the Board for— (i) the inspection by the Board of plans, premises and equipment for the prevention or suppression of fire; (ii) any service the Board is empowered to provide under this or any other Act; (iii) any other service rendered by the Board or by members or employees of the Board (whether within or outside Victoria); (oa) for prescribing, for the purposes of this Act, the fees and charges of any unit in relation to attendance at any fire, answering any alarm or responding to any report of a fire; (ob) for prescribing the information that an alarm monitoring service must provide to the Board for the purposes of section 78 and the period of time within which that information must be provided;". s. 78 -- 53 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 48 Authorised by the Chief Parliamentary Counsel 79 Section 54 substituted For section 54 of the Metropolitan Fire Brigades Act 1958 substitute— "54 Damage to be covered by fire insurance (1) This section applies if, in the exercise of any power or the performance of any duty conferred or imposed by or under this Act, damage to property is caused by— (a) the Chief Officer; or (b) an officer or member of— (i) a unit; or (ii) an interstate fire brigade; or (iii) an international fire brigade; or (c) a unit; or (d) an interstate fire brigade; or (e) an international fire brigade. (2) The damage is taken to be damage by fire within the meaning of any policy of insurance against fire covering the property so damaged. (3) Subsection (2) applies despite any clause or condition to the contrary contained in the policy of insurance.". 80 Amendment of section 54A—Immunity from certain liabilities In section 54A of the Metropolitan Fire Brigades Act 1958 for "and any member of a unit" substitute ", any member of a unit and any officer or member of an interstate fire brigade or international fire brigade". s. 79 -- 54 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 49 Authorised by the Chief Parliamentary Counsel 81 Amendment of section 55D—Board may provide emergency prevention and response service In section 55D of the Metropolitan Fire Brigades Act 1958 for "metropolitan fire district" substitute "metropolitan district". 82 Amendment of section 55E—Activities outside metropolitan district (1) Insert the following heading to section 55E of the Metropolitan Fire Brigades Act 1958— "Activities outside metropolitan district". (2) In section 55E(1), (2) and (3) of the Metropolitan Fire Brigades Act 1958 for "metropolitan fire district" substitute "metropolitan district". (3) After section 55E(3) of the Metropolitan Fire Brigades Act 1958 insert— "(4) The powers and authorities conferred by this Act on the Chief Officer in respect of the metropolitan district may be exercised by the Chief Officer, or any member in charge of any unit or units present at a place in the country area of Victoria if— (a) at that place— (i) a fire is burning; or (ii) there is a danger of a fire occurring; or (iii) a fire has been recently extinguished; and (b) an officer or member of the Country Fire Authority— (i) is not present at that place; or (ii) is unable to exercise those powers and authorities. s. 81 -- 55 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 50 Authorised by the Chief Parliamentary Counsel (5) In subsection (4)— country area of Victoria has the same meaning as in section 3(1) of the Country Fire Authority Act 1958; Country Fire Authority means the Country Fire Authority established under Part I of the Country Fire Authority Act 1958.". 83 Amendment of section 60—Collection of contributions for units Insert the following heading to section 60 of the Metropolitan Fire Brigades Act 1958— "Collection of contributions for units". 84 Amendment of section 70—Owner to give information as to insurance For section 70(3) of the Metropolitan Fire Brigades Act 1958 substitute— "(3) A person to whom a request for information in relation to the person's insurance has been made under this section must, without delay, comply with that request. Penalty: 60 penalty units. (4) A person to whom a request for information in relation to the person's insurance has been made under this section must not, in response to that request, give information that the person knows to be false or give particulars that the person knows to be incorrect. Penalty: 60 penalty units.". s. 83 -- 56 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 51 Authorised by the Chief Parliamentary Counsel 85 Amendment of section 71—Place where fire occurs In section 71(3) of the Metropolitan Fire Brigades Act 1958 for "or Officer" (wherever occurring) substitute "or Chief Officer". 86 Amendment of section 72—Board or unit may carry out fire prevention work (1) Insert the following heading to section 72 of the Metropolitan Fire Brigades Act 1958— "Board or unit may carry out fire prevention work". (2) In section 72(2) of the Metropolitan Fire Brigades Act 1958 after "if not paid," insert "the outstanding payment". 87 New section 72A inserted After section 72 of the Metropolitan Fire Brigades Act 1958 insert— "72A Interstate fire brigades and international fire brigades (1) Subject to subsection (2), an officer or member of an interstate fire brigade or of an international fire brigade who is present in the metropolitan district for the purpose of endeavouring to prevent or suppress a fire (including the prevention of a fire outside the metropolitan district spreading to the metropolitan district) or to protect life or property must— (a) place himself or herself and any equipment or gear in his or her charge (including a fire engine) at the disposal of; and s. 85 -- 57 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 52 Authorised by the Chief Parliamentary Counsel (b) obey any orders given to him or her by— the Chief Officer or the senior member of the operational staff who is in charge of the fire fighting operations and is present at the fire. (2) If the Chief Officer or the senior member of the operational staff in charge of the fire fighting operations is not present at the fire, then, until the arrival of the Chief Officer or senior member of the operational staff, an officer or member of the interstate fire brigade or international fire brigade who is present at the fire and in charge of that interstate fire brigade or international fire brigade has and may exercise all the powers, authorities, duties and functions which by or under this Act are conferred or imposed on the Chief Officer. (3) Subsection (4) applies if, for the purpose of endeavouring to prevent or suppress a fire (including the prevention of a fire outside the metropolitan district spreading to the metropolitan district) or to protect life or property, an interstate fire brigade or an international fire brigade sends only equipment or resources to the metropolitan district. (4) If this subsection applies, then, while the equipment or resources remain in the metropolitan district, the equipment or resources are subject to the control of the Chief Officer or the senior member of the operational staff who is in charge of the fire fighting operations and is present at the fire.". s. 87 -- 58 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 53 Authorised by the Chief Parliamentary Counsel 88 Amendment of section 75—Documents signed by President or Deputy President to be evidence (1) Insert the following heading to section 75 of the Metropolitan Fire Brigades Act 1958— "Documents signed by President or Deputy President to be evidence". (2) In section 75 of the Metropolitan Fire Brigades Act 1958 for "the president" substitute "the President or the Deputy President". 89 New section 75A substituted For section 75A of the Metropolitan Fire Brigades Act 1958 substitute— "75A Offences relating to impersonation (1) A person must not use any name, title or description to imply an association with the Board, without the written authority of the Board. Penalty: 60 penalty units. (2) A person must not represent that the person is associated with the Board unless such an association exists. Penalty: 60 penalty units. (3) A person must not impersonate a member of a unit. Penalty: 60 penalty units. (4) A person must not use any insignia described or set out in the regulations in any manner contrary to the manner set out in the regulations without the written authority of the Board. Penalty: 60 penalty units.". s. 88 -- 59 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 54 Authorised by the Chief Parliamentary Counsel 90 New sections 75B and 75C inserted After section 75A of the Metropolitan Fire Brigades Act 1958 insert— "75B Damage or interference with fire indicator panel or other apparatus (1) A person must not, without reasonable excuse, damage or interfere with a fire indicator panel. Penalty: 60 penalty units. (2) For the purposes of subsection (1), interference with a fire indicator panel includes any action that causes the transmission of the signal from the fire indicator panel to be isolated, disconnected or disabled. (3) Subsection (1) does not apply to a member of operational staff who is acting in the exercise of any power or in the performance of any duty conferred or imposed under this Act. (4) If a fire indicator panel detects a fire and sounds an alarm, a person must not, without the consent of the Board or reasonable excuse, reset the fire indicator panel. Penalty: 60 penalty units. (5) In this section— fire indicator panel includes any apparatus designed to detect a fire or other emergency conditions and transmit the signal of that detection to the Board either directly or via an approved monitoring provider. s. 90 -- 60 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 55 Authorised by the Chief Parliamentary Counsel 75C Obstruction of officers and damage to apparatus (1) A person must not, without reasonable excuse, obstruct, hinder or interfere with— (a) the Chief Officer; or (b) any other officer or employee of the Board; or (c) any member of operational staff; or (d) any officer or member of— (i) an interstate fire brigade; or (ii) an international fire brigade; or (e) any other person— who is exercising a power or performing a duty conferred or imposed by or under this Act. Penalty: 60 penalty units. (2) A person must not, without reasonable excuse, damage or interfere with— (a) any apparatus or other property of any unit, interstate fire brigade or international fire brigade; or (b) a fire alarm, hydrant, water plug or other apparatus for the prevention or suppression of fire. Penalty: 60 penalty units. (3) A person must not, without reasonable excuse, drive a vehicle over a fire hose. Penalty: 60 penalty units. (4) A person must not, without reasonable excuse, drive a vehicle within such proximity to the place of a fire or to any apparatus in use at a fire as to interfere with— s. 90 -- 61 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 56 Authorised by the Chief Parliamentary Counsel (a) the operations of any unit, group of units, interstate fire brigade or international fire brigade; or (b) the use of the apparatus. Penalty: 60 penalty units.". 91 Repeal of section 76 Section 76 of the Metropolitan Fire Brigades Act 1958 is repealed. 92 Amendment of section 77—Recovery and application of penalties (1) In section 77(1)(b) of the Metropolitan Fire Brigades Act 1958 for "Officer or" substitute "Officer,". (2) In section 77(2) of the Metropolitan Fire Brigades Act 1958 for "by," substitute "by". 93 New section 78 inserted After section 77A of the Metropolitan Fire Brigades Act 1958 insert— "78 Alarm monitoring service to provide prescribed information (1) The Board may, by written notice, require a person who conducts an alarm monitoring service to provide to the Board the prescribed information within the prescribed period. (2) A person must comply with a notice given by the Board under this section within the prescribed period. Penalty: 60 penalty units. s. 91 -- 62 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 57 Authorised by the Chief Parliamentary Counsel (3) In this section— alarm monitoring service means a business that— (a) receives signals from equipment located at a premises that is designed to detect fire or other emergency conditions at that premises; and (b) transmits those signals as appropriate.". 94 Amendment of section 79F—Vacancies After section 79F(1) of the Metropolitan Fire Brigades Act 1958 insert— "(1A) A resignation under subsection (1) takes effect— (a) on the date specified in the letter; or (b) if no date is specified in the letter—on the day the letter is received by the Minister.". 95 Amendment of section 87—Fire prevention notices For section 87(3)(d) of the Metropolitan Fire Brigades Act 1958 substitute— "(d) must contain any prescribed information.". 96 Amendment of section 89—Objection to notices (1) In section 89(1) of the Metropolitan Fire Brigades Act 1958 for "an objection" substitute "a written objection". s. 94 -- 63 of 78 -- Part 3—Amendment of Metropolitan Fire Brigades Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 58 Authorised by the Chief Parliamentary Counsel (2) For section 89(2) of the Metropolitan Fire Brigades Act 1958 substitute— "(2) If— (a) a person lodges an objection in accordance with subsection (1); and (b) the fire prevention officer considers the grounds of objection to be reasonable— the fire prevention officer must consult with the person and make a genuine attempt to resolve the matter that is the subject of the fire prevention notice.". 97 Amendment of section 91—Compliance with notices For the penalty at the foot of section 91 of the Metropolitan Fire Brigades Act 1958 substitute— "Penalty: 120 penalty units or imprisonment for 12 months.". 98 Amendment of section 92—Fire prevention infringement notices (1) In section 92(1) of the Metropolitan Fire Brigades Act 1958— (a) for "believes" substitute "has reason to believe"; (b) omit ", requiring that person to pay a penalty of 2 penalty units". (2) After section 92(2) of the Metropolitan Fire Brigades Act 1958 insert— "(3) The infringement penalty for an offence against section 91 is 10 penalty units.". __________________ s. 97 -- 64 of 78 -- Part 4—Amendment of Victoria State Emergency Service Act 2005 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 59 Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENT OF VICTORIA STATE EMERGENCY SERVICE ACT 2005 99 New section 6A inserted After section 6 of the Victoria State Emergency Service Act 2005 insert— "6A Duty to assist in major emergency (1) In addition to any other of its duties and functions under this Act, the Authority must assist in the response to any major emergency occurring within Victoria. (2) In this section— emergency agency means— (a) the Authority; (b) the Country Fire Authority established under the Country Fire Authority Act 1958; (c) the Metropolitan Fire and Emergency Services Board established under the Metropolitan Fire Brigades Act 1958; (d) the Secretary to the Department of Sustainability and Environment when performing functions or duties or exercising powers under section 62(2) of the Forests Act 1958; major emergency means— (a) a large or complex emergency (however caused) which— (i) has the potential to cause or is causing loss of life and extensive damage to s. 99 See: Act No. 51/2005. Reprint No. 1 as at 23 October 2008 and amending Act Nos 9/2010 and 56/2011. LawToday: www. legislation. vic.gov.au -- 65 of 78 -- Part 4—Amendment of Victoria State Emergency Service Act 2005 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 60 Authorised by the Chief Parliamentary Counsel property, infrastructure or the environment; or (ii) has the potential to have or is having significant adverse consequences for the Victorian community or a part of the Victorian community; or (iii) requires the involvement of 2 or more emergency agencies to respond to the emergency; or (b) a major fire within the meaning of the Fire Services Commissioner Act 2010.". 100 Amendment of section 7—General powers of Authority After section 7(2)(a) of the Victoria State Emergency Service Act 2005 insert— "(ab) carry out fund raising and promotional activities;". 101 Amendment of section 34—Registered units In section 34 of the Victoria State Emergency Service Act 2005 for "Chief Officer, Operations" (wherever occurring) substitute "Authority". 102 Amendment of section 47—Compensation for injury during emergency service (1) In section 47(5) and (6) of the Victoria State Emergency Service Act 2005 after "the Victorian WorkCover Authority," insert "the ACCS, a Medical Panel,". s. 100 -- 66 of 78 -- Part 4—Amendment of Victoria State Emergency Service Act 2005 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 61 Authorised by the Chief Parliamentary Counsel (2) In section 47(8) of the Victoria State Emergency Service Act 2005— (a) after "the Victorian WorkCover Authority," insert "the ACCS, a Medical Panel,"; (b) in paragraph (b), after "the Authority," insert "the ACCS, a Medical Panel,". (3) After section 47(11) of the Victoria State Emergency Service Act 2005 insert— "(12) In this section— ACCS means the Accident Compensation Conciliation Service established under Division 1A of Part III of the Accident Compensation Act 1985; Medical Panel has the same meaning as in section 5(1) of the Accident Compensation Act 1985.". 103 Amendment of section 55—Regulations (1) For section 55(1)(a) of the Victoria State Emergency Service Act 2005 substitute— "(a) the registration, administration and management of units;". (2) After section 55(1)(l) of the Victoria State Emergency Service Act 2005 insert— "(la) prescribing penalties not exceeding 20 penalty units for contraventions of the regulations;". __________________ s. 103 -- 67 of 78 -- Part 5—Amendment of Emergency Management Act 1986 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 62 Authorised by the Chief Parliamentary Counsel PART 5—AMENDMENT OF EMERGENCY MANAGEMENT ACT 1986 104 New section 24A inserted After section 24 of the Emergency Management Act 1986 insert— "24A Offence of making false compensation claim (1) A person must not, in or in connection with any claim for compensation under section 24(5), make a statement to the Minister or any other person that the person knows is false or misleading in a material particular. Penalty: 60 penalty units. (2) A person must not, in or in connection with any claim for compensation under section 24(5), knowingly mislead, or attempt to mislead, the Minister or any other person. Penalty: 60 penalty units.". 105 New section 33 inserted After section 32 of the Emergency Management Act 1986 insert— "33 Offence of making false compensation claim (1) A person must not, in or in connection with any claim for compensation under this Part, make a statement to the Minister or any other person that the person knows is false or misleading in a material particular. Penalty: 60 penalty units. s. 104 See: Act No. 30/1986. Reprint No. 4 as at 1 May 2008 and amending Act Nos 73/2009, 6/2010, 9/2010, 73/2010 and 56/2011. LawToday: www. legislation. vic.gov.au -- 68 of 78 -- Part 5—Amendment of Emergency Management Act 1986 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 63 Authorised by the Chief Parliamentary Counsel (2) A person must not, in or in connection with any claim for compensation under this Part, knowingly mislead, or attempt to mislead, the Minister or any other person. Penalty: 60 penalty units.". 106 Amendment of section 36—Offence of obstructing etc. emergency worker (1) In section 36(1) of the Emergency Management Act 1986 after "must not" insert ", without reasonable excuse,". (2) For the penalty at the foot of section 36(1) of the Emergency Management Act 1986 substitute— "Penalty: 60 penalty units.". 107 Amendment of section 36A—Declaration of emergency area (1) In section 36A(1) of the Emergency Management Act 1986— (a) for "inspector" substitute "senior sergeant"; (b) omit "on the advice of the agency primarily responsible for responding to the emergency". (2) In section 36A(3) of the Emergency Management Act 1986 for "at points of access to the emergency area that are closed under the declaration" substitute "at the emergency area or as near as possible to that area". (3) In section 36A(5) and (6) of the Emergency Management Act 1986 for "24 hours" substitute "48 hours". s. 106 -- 69 of 78 -- Part 5—Amendment of Emergency Management Act 1986 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 64 Authorised by the Chief Parliamentary Counsel 108 Amendment of section 36B—Powers in respect of emergency area (1) In section 36B(1) of the Emergency Management Act 1986 for "An officer of the police on duty in or near the emergency area" substitute "If a declaration of an emergency area is made under section 36A, a member of the police force". (2) In section 36B(5) of the Emergency Management Act 1986 for "an officer of the police on duty in or near the emergency area" substitute "a member of the police force". 109 Amendment of section 36C—Offences (1) Insert the following heading to section 36C of the Emergency Management Act 1986— "Offences relating to declaration of emergency area". (2) For section 36C(1) of the Emergency Management Act 1986 substitute— "(1) A person must not, without reasonable excuse, fail to obey a prohibition or direction given under section 36B(1). Penalty: 10 penalty units. (1A) A person who is authorised under section 36B(1)(d) to enter or remain in an emergency area must not, without reasonable excuse, fail to comply with the conditions of the authorisation. Penalty: 10 penalty units.". (3) For the penalty at the foot of section 36C(2) of the Emergency Management Act 1986 substitute— "Penalty: 120 penalty units.". s. 108 -- 70 of 78 -- Part 5—Amendment of Emergency Management Act 1986 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 65 Authorised by the Chief Parliamentary Counsel 110 Section 38 repealed Section 38 of the Emergency Management Act 1986 is repealed. __________________ s. 110 -- 71 of 78 -- Part 6—Amendment of Emergency Services Telecommunications Authority Act 2004 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 66 Authorised by the Chief Parliamentary Counsel PART 6—AMENDMENT OF EMERGENCY SERVICES TELECOMMUNICATIONS AUTHORITY ACT 2004 111 Amendment of section 2—Commencement (1) In section 2(1) and (2) of the Emergency Services Telecommunications Authority Act 2004 omit "(other than section 45)". (2) Section 2(3) of the Emergency Services Telecommunications Authority Act 2004 is repealed. 112 Amendment of section 3—Definitions In section 3 of the Emergency Services Telecommunications Authority Act 2004— (a) in the definition of emergency services and other related services organisation— (i) paragraph (b) is repealed; (ii) for paragraph (d) substitute— "(d) Ambulance Victoria;"; (b) the definitions of Metropolitan Ambulance Service and Rural Ambulance Victoria are repealed; (c) insert the following definition— "Ambulance Victoria has the same meaning as Ambulance Service—Victoria has in section 3(1) of the Ambulance Services Act 1986;". s. 111 See: Act No. 98/2004. Reprint No. 1 as at 21 May 2009 and amending Act No. 98/2004. LawToday: www. legislation. vic.gov.au -- 72 of 78 -- Part 6—Amendment of Emergency Services Telecommunications Authority Act 2004 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 67 Authorised by the Chief Parliamentary Counsel 113 Amendment of section 21—Advisory committee In section 21(2) of the Emergency Services Telecommunications Authority Act 2004— (a) in paragraph (c) for "the Metropolitan Ambulance Service" substitute "Ambulance Victoria"; (b) paragraph (d) is repealed. 114 Amendment of section 30—Commissioner to determine standards (1) In section 30(1) of the Emergency Services Telecommunications Authority Act 2004 omit "to any such organisation". (2) In section 30(2) of the Emergency Services Telecommunications Authority Act 2004 omit "to each organisation". 115 Repeal of sections 44 and 45 Sections 44 and 45 of the Emergency Services Telecommunications Authority Act 2004 are repealed. __________________ s. 113 -- 73 of 78 -- Part 7—Amendment of Forests Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 68 Authorised by the Chief Parliamentary Counsel PART 7—AMENDMENT OF FORESTS ACT 1958 116 New section 72 inserted After section 71 of the Forests Act 1958 insert— "72 Immunity provision (1) This section applies to— (a) an authorised officer; (b) a person employed under section 18 or 19 of the Parks Victoria Act 1998; (c) a person employed in the Department under Part 3 of the Public Administration Act 2004 by the Department Head of the Department within the meaning of that Act; (d) a person engaged by the Secretary under section 62C. (2) A person to whom this section applies is not personally liable for any thing done or omitted to be done in good faith— (a) in the exercise of a power or the discharge of a duty under this Act relating to fire management activities; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act relating to fire management activities. (3) Any liability resulting from an act or omission that would but for subsection (2) attach to a person to whom this section applies attaches to the Secretary. s. 116 See: Act No. 6254. Reprint No. 10 as at 8 July 2010 and amending Act Nos 40/2009, 54/2010, 62/2010, 73/2010 and 29/2011. LawToday: www. legislation. vic.gov.au -- 74 of 78 -- Part 7—Amendment of Forests Act 1958 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 69 Authorised by the Chief Parliamentary Counsel (4) For the purposes of this section— fire management activity means any activity performed for the purposes of the prevention and suppression of fire, including planned burning, and includes any activity performed pursuant to— (a) section 20(b), so far as that provision relates to the prevention and suppression of fires within fire protected areas; or (b) section 62(2); or (c) section 62AA.". __________________ s. 116 -- 75 of 78 -- Part 8—Amendment of Summary Offences Act 1966 Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 70 Authorised by the Chief Parliamentary Counsel PART 8—AMENDMENT OF SUMMARY OFFENCES ACT 1966 117 Repeal of section 12 Section 12 of the Summary Offences Act 1966 is repealed. __________________ s. 117 See: Act No. 7405. Reprint No. 10 as at 1 January 2009 and amending Act Nos 46/2008, 1/2009, 7/2009, 68/2009, 92/2009, 13/2010, 18/2010, 29/2010, 63/2010, 12/2011, 27/2011, 29/2011, 43/2011 and 58/2011. LawToday: www. legislation. vic.gov.au -- 76 of 78 -- Part 9—Repeal of Amending Act Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 71 Authorised by the Chief Parliamentary Counsel PART 9—REPEAL OF AMENDING ACT 118 Repeal of amending Act This Act is repealed on 1 December 2013. 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. 118 -- 77 of 78 -- Emergency Services Legislation Amendment Act 2012 No. 5 of 2012 72 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 7 December 2011 Legislative Council: 9 February 2012 The long title for the Bill for this Act was "A Bill for an Act to amend the Country Fire Authority Act 1958, the Metropolitan Fire Brigades Act 1958, the Victoria State Emergency Service Act 2005, the Emergency Management Act 1986, the Emergency Services Telecommunications Authority Act 2004, the Forests Act 1958 and the Summary Offences Act 1966 and for other purposes." Endnotes -- 78 of 78 --