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FIRE SERVICE AMENDMENT BILL 1996

      Queensland




   FIRE SERVICE
AMENDMENT BILL 1996

 


 

Queensland FIRE SERVICE AMENDMENT BILL 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Replacement of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Amendment of pt 2 (Commissioner of Fire Service) . . . . . . . . . . . . . . . . . . 7 PART 2--QUEENSLAND FIRE AND RESCUE AUTHORITY 8 Insertion of new pt 2, divs 1 and 2 and div 3 hdg . . . . . . . . . . . . . . . . . . . . . 8 Division 1--Queensland Fire and Rescue Authority 8A Establishment of Queensland Fire and Rescue Authority . . . . . . . . 8 8B Status of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8C Authority represents the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8D Authority's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8E Authority's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2--Authority's board 8F The board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8G Role of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8H Minister's power to give directions . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8I Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8J Term of office of appointed members . . . . . . . . . . . . . . . . . . . . . . . . 11 8K Remuneration and allowances of appointed members . . . . . . . . . . . 12 8L Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8M Conduct of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

 


 

2 Fire Service Amendment 8N Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 8O Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 8P Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 3--Chief commissioner 9 Amendment of s 9 (Appointment of commissioner) . . . . . . . . . . . . . . . . . . . 14 10 Replacement of ss 11-17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 11 Acting chief commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12 Role of chief commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 11 Insertion of new pt 2, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 4--Other matters about the authority 19A Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 19B Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 19C Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 12 Replacement of s 22 (Budget of commissioner) . . . . . . . . . . . . . . . . . . . . . . 16 22 Authority's budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13 Replacement of s 25 (Personnel of Queensland Fire Service) . . . . . . . . . . 17 25 Staff of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 14 Amendment of s 41 (Superannuation schemes) . . . . . . . . . . . . . . . . . . . . . . 17 15 Amendment of s 143 (Protection of name) . . . . . . . . . . . . . . . . . . . . . . . . . . 17 17 Amendment of pt 12 (Transitional provisions) . . . . . . . . . . . . . . . . . . . . . . . 18 PART 12--SAVINGS AND TRANSITIONAL PROVISIONS 18 Amendment of s 155 (Definition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 19 Insertion of new ss 157 to 169-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 157 References to commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 158 Vesting of assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 159 Legal or disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 160 Fire authority officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 161 Conditions of employment of transferred officers . . . . . . . . . . . . . . . 19 162 Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 163 Duty to assist transfer of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 164 Superannuation scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 165 Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

 


 

3 Fire Service Amendment 166 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 167 Things taken to have been done etc. by chief commissioner . . . . . . 21 168 Things taken to have been done etc. by the authority . . . . . . . . . . . 21 169 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 20 Replacement of section headings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 21 Amendment for "commissioner" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 23 REPLACEMENT OF SECTION HEADINGS SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 25 REPLACEMENT OF REFERENCES TO COMMISSIONER SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 28 OTHER MINOR AMENDMENTS

 


 

 

1996 A BILL FOR An Act to amend the Fire Service Act 1990

 


 

s1 6 s6 Fire Service Amendment The Parliament of Queensland enacts-- 1 title 2 Short Clause 1. This Act may be cited as the Fire Service Amendment Act 1996. 3 4 Commencement Clause 2. This Act commences on a day to be fixed by proclamation. 5 amended 6 Act Clause 3. This Act amends the Fire Service Act 1990. 7 of long title 8 Amendment Clause 4. Long title, `to provide' to `Queensland Fire Service'-- 9 omit, insert-- 10 `to establish the Queensland Fire and Rescue Authority'. 11 of s 1 (Short title) 12 Replacement Clause 5. Section 1-- 13 omit, insert-- 14 `Short title 15 `1. This Act may be cited as the Fire and Rescue Authority Act 1990.'. 16 of s 6 (Definitions) 17 Amendment Clause 6.(1) Section 6, definitions "commissioner", "fire service", "fire 18 service officer" and "fire service superannuation scheme"-- 19 omit. 20

 


 

s7 7 s7 Fire Service Amendment (2) Section 6-- 1 insert-- 2 ` "authority" means the Queensland Fire and Rescue Authority. 3 "board" means the authority's board mentioned in section 8F. 4 "chief commissioner" means the chief commissioner for the authority. 5 "conviction" includes a plea of guilty or a finding of guilt by a court even 6 though a conviction is not recorded. 7 "fire authority officer" means a person employed by the authority, but 8 does not include the person holding office as chief commissioner. 9 "fire service superannuation scheme" means the superannuation scheme 10 approved under the Fire Brigades Act 1964, section 12 and continued 11 in existence under section 41(1)(a) of this Act as in force immediately 12 before the commencement of the Fire Service Amendment Act 1996, 13 section 14.'. 14 (3) Section 6, definition "fire officer", `in the Queensland Fire 15 Service'-- 16 omit, insert-- 17 `by the authority'. 18 (4) Section 6, definition "fire officer", `in the service'-- 19 omit, insert-- 20 `by the authority'. 21 of pt 2 (Commissioner of Fire Service) 22 Amendment Clause 7. Part 2, heading-- 23 omit, insert-- 24 `PART 2--QUEENSLAND FIRE AND RESCUE 25 AUTHORITY'. 26

 


 

s8 8 s8 Fire Service Amendment of new pt 2, divs 1 and 2 and div 3 hdg 1 Insertion Clause 8. Part 2, before section 9-- 2 insert-- 3 1--Queensland Fire and Rescue Authority 4 `Division of Queensland Fire and Rescue Authority 5 `Establishment `8A. The Queensland Fire and Rescue Authority is established. 6 of authority 7 `Status `8B. The authority-- 8 (a) is a body corporate with perpetual succession; and 9 (b) has a seal; and 10 (c) may sue and be sued in its corporate name. 11 represents the State 12 `Authority `8C.(1) The authority represents the State. 13 `(2) Without limiting subsection (1), the authority-- 14 (a) has all the privileges and immunities of the State; and 15 (b) is an exempt public authority under the Corporations Law. 16 functions 17 `Authority's `8D. The functions of the authority are-- 18 (a) to protect persons, property and the environment from fire and 19 chemical incidents; and 20 (b) to protect persons trapped in a vehicle or building or otherwise 21 endangered, to the extent that the personnel and equipment under 22 the control of the authority can reasonably be deployed or used 23 for the purpose; and 24 (c) to provide an advisory service, and undertake other measures, to 25

 


 

s8 9 s8 Fire Service Amendment promote-- 1 (i) fire prevention and fire control; and 2 (ii) safety and other procedures in the event of a fire or chemical 3 incident; and 4 (d) to cooperate with any entity that provides an emergency service; 5 and 6 (e) to identify and market products and services incidental to its other 7 functions; and 8 (f) to perform other functions given to the authority under this Act or 9 another Act; and 10 (g) to perform functions incidental to its other functions. 11 powers 12 `Authority's `8E.(1) The authority has all the powers of an individual and may, for 13 example-- 14 (a) enter into contracts; and 15 (b) acquire, hold, deal with and dispose of property; and 16 (c) appoint agents and attorneys; and 17 (d) charge for services and facilities it supplies; and 18 (e) undertake fund-raising activities to benefit the authority 19 financially; and 20 (f) do anything else necessary or convenient to be done for, or in 21 connection with, the performance of its functions. 22 `(2) Without limiting subsection (1), the authority has the powers given 23 to it under this or another Act. 24 `(3) However, the authority may exercise either of the following powers 25 only with the written approval of the Minister-- 26 (a) acquire land by purchase, lease or exchange; 27 (b) dispose of land by sale, lease, mortgage or in another way. 28

 


 

s8 10 s8 Fire Service Amendment `(4) The authority may exercise its powers inside and outside 1 Queensland, including outside Australia. 2 2--Authority's board 3 `Division board 4 `The `8F. The authority has a board. 5 of board 6 `Role `8G.(1) The board is responsible for the way the authority performs its 7 functions and exercises its powers. 8 `(2) Without limiting subsection (1), it is the board's role-- 9 (a) to decide the objectives, strategies and policies to be followed by 10 the authority; and 11 (b) to ensure the authority performs its functions in an appropriate, 12 effective and efficient way. 13 14 Example of subsection (2)(b)-- 15 The board could establish performance measures for the authority. power to give directions 16 `Minister's `8H.(1) The Minister may give the board a written direction about the 17 administration, management and control of the authority if the Minister is 18 satisfied it is necessary to give the direction in the public interest and 19 because of exceptional circumstances. 20 `(2) The board must ensure the direction is complied with. 21 `(3) Before giving the direction, the Minister must-- 22 (a) consult with the board; and 23 (b) ask the board to advise whether, in its opinion, complying with 24 the direction would not be in the authority's financial interest. 25 `(4) The Minister must cause a copy of the direction to be gazetted within 26 21 days after it is given. 27

 


 

s8 11 s8 Fire Service Amendment of board 1 `Membership `8I.(1) The board consists of-- 2 (a) the chief commissioner; and 3 (b) the commissioner of the Queensland Ambulance Service; and 4 (c) the chief executive; and 5 (d) 5 other members. 6 `(2) The members of the board mentioned in subsection (1)(d) (the 7 "appointed members") are to be appointed by the Governor in Council. 8 `(3) However, a person may be appointed as an appointed member only 9 if the person has knowledge of, or experience in, matters relevant to the 10 authority's functions. 11 `(4) The Governor in Council is to appoint 1 of the members of the 12 board as chairperson of the board. 13 of office of appointed members 14 `Term `8J.(1) The appointment of an appointed member is for the term (not 15 longer than 3 years) decided by the Governor in Council. 16 `(2) The office of an appointed member becomes vacant if the 17 member-- 18 (a) resigns by signed notice of resignation given to the Minister; or 19 (b) is absent from 3 consecutive meetings of the board without the 20 board's leave and without reasonable excuse; or 21 (c) is convicted of an indictable offence; or 22 (d) becomes employed by, or a contractor of, the authority; or 23 (e) is removed from office by the Governor in Council under 24 subsection (3) or (4). 25 `(3) The Governor in Council may remove an appointed member from 26 office if the member-- 27 (a) engages in misbehaviour; or 28 (b) becomes incapable of performing the duties of a member because 29

 


 

s8 12 s8 Fire Service Amendment of physical or mental incapacity; or 1 (c) is incompetent; or 2 (d) does anything else that, in the Governor in Council's opinion, is a 3 reasonable justification for removal from office; or 4 (e) is convicted of an offence against this Act. 5 `(4) The Governor in Council may remove all or any of the appointed 6 members of the board from office if the board does not comply with a 7 direction given to it by the Minister under this Act. 8 and allowances of appointed members 9 `Remuneration `8K. An appointed member is entitled to be paid the remuneration and 10 allowances fixed by the Governor in Council. 11 and place of meetings 12 `Time `8L.(1) Meetings of the board are to be held at the times and places it 13 decides. 14 `(2) However, the board must meet at least once every 3 months. 15 `(3) The chairperson of the board-- 16 (a) may at any time call a meeting of the board; and 17 (b) must call a meeting if asked by at least 4 members. 18 of proceedings 19 `Conduct `8M.(1) The chairperson of the board must preside at all board meetings 20 at which the chairperson is present. 21 `(2) If the chairperson is absent, the member chosen by the members 22 present must preside. 23 `(3) At a meeting of the board-- 24 (a) 5 members form a quorum; and 25 (b) a question is decided by a majority of the votes of the members 26 present and voting; and 27

 


 

s8 13 s8 Fire Service Amendment (c) each member present has a vote on each question to be decided 1 and, if the votes are equal, the member presiding has a casting 2 vote. 3 `(4) The board may otherwise conduct its proceedings (including its 4 meetings) as it considers appropriate. 5 `(5) The board may hold meetings, or allow members to take part in 6 meetings, by telephone, closed circuit television or another form of 7 communication. 8 `(6) A member who takes part in a board meeting under subsection (5) is 9 taken to be present at the meeting. 10 `(7) A resolution is a valid resolution of the board, even though it is not 11 passed at a board meeting, if-- 12 (a) all members of the board give written agreement to the resolution; 13 and 14 (b) notice of the resolution is given under procedures approved by the 15 board. 16 of documents 17 `Authentication `8N. A document made by the board for this Act is sufficiently made if it 18 is signed by the chairperson or a person authorised by the board. 19 of interests 20 `Disclosure `8O.(1) This section applies to a member of the board if-- 21 (a) the member has a direct or indirect financial interest in an issue 22 being considered, or about to be considered, by the board; and 23 (b) the interest could conflict with the proper performance of the 24 member's duties about the consideration of the issue. 25 `(2) As soon as practicable after the relevant facts come to the member's 26 knowledge, the member must disclose the nature of the interest to a meeting 27 of the board. 28 `(3) Unless the board otherwise directs, the member must not-- 29 (a) be present when the board considers the issue; or 30

 


 

s9 14 s 10 Fire Service Amendment (b) take part in a decision of the board on the issue. 1 `(4) The member must not be present when the board is considering 2 whether to give a direction under subsection (3). 3 `(5) If there is another person who must, under subsection (2), also 4 disclose an interest in the issue, the other person must not-- 5 (a) be present when the board is considering whether to give a 6 direction under subsection (3); or 7 (b) take part in making the decision about giving a direction. 8 `(6) If, because of this section, a member is not present at a board 9 meeting for considering or deciding an issue, but there would be a quorum 10 if the member were present, the remaining members present are a quorum 11 for considering or deciding the issue at the meeting. 12 `(7) A disclosure under subsection (2) must be recorded in the board's 13 minutes. 14 inutes 15 `M `8P. The board must keep minutes of its proceedings. 16 `Division 3--Chief commissioner'. 17 of s 9 (Appointment of commissioner) 18 Amendment Clause 9.(1) Section 9, heading-- 19 omit, insert-- 20 `Appointment of chief commissioner'. 21 (2) Section 9(1), `Commissioner of Fire Service'-- 22 omit, insert-- 23 `chief commissioner for the authority'. 24 of ss 11-17 25 Replacement Clause 10. Sections 11 to 17-- 26

 


 

s 11 15 s 11 Fire Service Amendment omit, insert-- 1 chief commissioner 2 `Acting `11. The Governor in Council may appoint a person, who is eligible for 3 appointment as chief commissioner, to act in the office of chief 4 commissioner during-- 5 (a) any vacancy, or all vacancies, in the office; or 6 (b) any period, or all periods, when the chief commissioner is absent 7 from duty, or cannot, for another reason, perform the functions of 8 the office. 9 `Role of chief commissioner 10 `12.(1) The chief commissioner is responsible for managing the 11 authority's operations in accordance with its objectives, strategies and 12 policies. 13 `(2) Without limiting subsection (1), the chief commissioner is to 14 prepare an annual corporate plan incorporating performance targets 15 developed in consultation with the board and approved by the Minister. 16 `(3) The chief commissioner has power to do anything necessary or 17 convenient to be done for, or in connection with, the management of the 18 authority's operations.'. 19 of new pt 2, div 4 20 Insertion Clause 11. Pt 2, after section 19-- 21 insert-- 22 4--Other matters about the authority 23 `Division of certain Acts 24 `Application `19A. The authority is-- 25 (a) a unit of public administration under the Criminal Justice Act 26 1989; and 27 (b) an agency under the Equal Opportunity in Public Employment 28

 


 

s 12 16 s 12 Fire Service Amendment Act 1992; and 1 (c) a public authority under the Libraries and Archives Act 1988; and 2 (d) a statutory body under the Statutory Bodies Financial 3 Arrangements Act 1982. 4 5 `Seal `19B. Judicial notice must be taken of the imprint of the authority's seal 6 appearing on a document, and the document must be presumed to have 7 been properly sealed unless the contrary is proved. 8 9 `Delegation `19C.(1) The authority may delegate its powers under this Act to the 10 chief commissioner or an appropriately qualified fire authority officer. 11 `(2) In subsection (1)-- 12 "appropriately qualified" includes having the qualifications, experience or 13 standing appropriate to exercise the power. 14 15 Example of `standing'-- 16 A person's classification level in the authority.'. of s 22 (Budget of commissioner) 17 Replacement Clause 12. Section 22-- 18 omit, insert-- 19 budget 20 `Authority's `22.(1) For each financial year, the chief commissioner must prepare and 21 present to the board for its consideration a budget for the authority showing 22 the estimates of receipts and disbursements for the financial year. 23 `(2) The board may direct the chief commissioner to amend the budget in 24 the way stated by the board. 25 `(3) The chief commissioner must comply with a direction of the board. 26 `(4) The board must present the budget to the Minister for approval. 27

 


 

s 13 17 s 15 Fire Service Amendment `(5) The Minister may amend a budget presented for approval. 1 `(6) A budget has no effect until it is approved by the Minister.'. 2 of s 25 (Personnel of Queensland Fire Service) 3 Replacement Clause 13. Section 25-- 4 omit, insert-- 5 of authority 6 `Staff `25. The authority may employ the persons it considers necessary to 7 perform its functions.'. 8 of s 41 (Superannuation schemes) 9 Amendment Clause 14.(1) Section 41(1)-- 10 omit, insert-- 11 `41.(1) The fire service superannuation scheme is continued in existence. 12 `(1A) The responsibilities held by the commissioner in relation to the fire 13 service superannuation scheme, immediately before the commencement, 14 are, on the commencement, assumed by the authority.'. 15 (2) Section 41-- 16 insert-- 17 `(6) In subsection (1A)-- 18 "commissioner" means the corporation sole under this Act as in force 19 immediately before the commencement.'. 20 of s 143 (Protection of name) 21 Amendment Clause 15. Section 143(1)(a), ` `Queensland Fire Service' ' to `expressions'-- 22 omit, insert-- 23 ` `Queensland Fire Service', `Queensland Fire Services' or `Queensland 24 Fire and Rescue Authority', or an expression containing any of those 25 expressions'. 26

 


 

s 16 18 s 18 Fire Service Amendment Amendment of s 153 (Evidentiary) 1 Clause 16. Section 153-- 2 insert-- 3 `(2) In subsection (1)-- 4 "commissioner" means the corporation sole under this Act as in force 5 immediately before the commencement. 6 "fire service" means the Queensland Fire Service in existence immediately 7 before the commencement.'. 8 of pt 12 (Transitional provisions) 9 Amendment Clause 17. Part 12, heading-- 10 omit, insert-- 11 ART 12--SAVINGS AND TRANSITIONAL 12 `P PROVISIONS'. 13 of s 155 (Definition) 14 Amendment Clause 18.(1) Section 155, heading-- 15 omit, insert-- 16 `Definitions'. 17 (2) Section 155-- 18 insert-- 19 ` "amendment Act" means the Fire Service Amendment Act 1996. 20 "commencement" means the commencement of the amendment Act, 21 section 8. 22 "commissioner" means the corporation sole under this Act as in force 23 immediately before the commencement. 24 "fire service" means the Queensland Fire Service in existence immediately 25 before the commencement. 26

 


 

s 19 19 s 19 Fire Service Amendment "transferred officer" means a person taken to be employed as a fire 1 authority officer under section 160.'. 2 of new ss 157 to 169-- 3 Insertion Clause 19. After section 156-- 4 insert-- 5 to commissioner 6 `References `157. A reference in an Act or document in existence immediately before 7 the commencement to the corporation sole of the commissioner is a 8 reference to the authority. 9 of assets 10 `Vesting `158. On the commencement, the assets, rights and liabilities of the 11 commissioner or the fire service vest in the authority. 12 or disciplinary proceedings 13 `Legal `159.(1) A legal proceeding that could have been started or continued by 14 or against the commissioner or the fire service before the commencement 15 may be started or continued by or against the authority. 16 `(2) A disciplinary proceeding that could have been started or continued 17 by the commissioner before the commencement may be started or 18 continued by the chief commissioner. 19 authority officers 20 `Fire `160. A person who, immediately before the commencement, was 21 employed as a fire service officer of the fire service is, on the 22 commencement, taken to be employed as an equivalent class of fire 23 authority officer. 24 of employment of transferred officers 25 `Conditions `161.(1) The conditions of employment applying to a transferred officer 26

 


 

s 19 20 s 19 Fire Service Amendment must be no less favourable than the conditions that applied to the officer 1 immediately before the commencement. 2 `(2) A transferred officer remains entitled to all rights accrued or accruing 3 to the officer as an employee of the fire service. 4 `(3) Without limiting subsection (2), a transferred officer is entitled to 5 receive annual, sick and long service leave and any similar entitlements 6 accrued or accruing to the officer as an employee of the fire service. 7 `(4) The recognised service of a transferred officer is taken to be service 8 as an employee of the authority for the purpose of any law dealing with 9 rights or entitlements mentioned in this section. 10 `(5) In subsection (4)-- 11 "recognised service" of a transferred officer means the officer's service as 12 an employee of the fire service, and includes any previous service of 13 the officer taken to be service with the fire service. 14 15 `Trusts `162. On the commencement, any property that, immediately before the 16 commencement, was held in trust by the fire service or the commissioner 17 vests in the authority on the same trusts to which the property was subject 18 immediately before the vesting. 19 to assist transfer of property 20 `Duty `163.(1) The registrar of titles and all persons who keep registers of 21 dealings in property must, if asked by the authority, make in the register all 22 entries necessary to record the vesting of property in the authority by this 23 part. 24 `(2) A request under this section is not liable to fees or stamp duty. 25 scheme 26 `Superannuation `164. A reference in the trust deed dated 13 April 1964, establishing the 27 fire service superannuation scheme, to a fire brigade board or the 28 commissioner is a reference to the authority. 29

 


 

s 19 21 s 19 Fire Service Amendment uspension 1 `S `165. The suspension of a fire officer in force immediately before the 2 commencement is taken to continue in force under this Act. 3 4 `Appeals `166. An appeal to the commissioner started, but not decided, before the 5 commencement may be continued and decided by the chief commissioner 6 after the commencement. 7 `Things taken to have been done etc. by chief commissioner 8 `167.(1) Anything declared, done, given, granted, made or issued by the 9 commissioner under a chief commissioner's section and in force, or having 10 effect, immediately before the commencement is, on the commencement, 11 taken to have been declared, done, given, granted, made or issued by the 12 chief commissioner. 13 `(2) If the action mentioned in subsection (1) involves a period of time, 14 the subsection must not be construed as extending or otherwise affecting the 15 period. 16 `(3) In this section-- 17 "chief commissioner's section" means a section that, immediately before 18 the commencement, referred to action of the commissioner and after 19 the commencement refers to action of the chief commissioner. 20 taken to have been done etc. by the authority 21 `Things `168.(1) Anything declared, done, given, granted, made or issued by the 22 commissioner under an authority's section and in force, or having effect, 23 immediately before the commencement is, on the commencement, taken to 24 have been declared, done, given, granted, made or issued by the authority. 25 `(2) If the action mentioned in subsection (1) involves a period of time, 26 the subsection must not be construed as extending or otherwise affecting the 27 period. 28 `(3) In this section-- 29

 


 

s 20 22 s 21 Fire Service Amendment "authority's section" means a section that, immediately before the 1 commencement, referred to action of the commissioner and after the 2 commencement refers to action of the authority. 3 regulations 4 `Transitional `169.(1) A regulation may make provision about a matter for which-- 5 (a) it is necessary or convenient to assist the transition to the 6 performance by the authority of functions previously performed 7 by the fire service or the commissioner; and 8 (b) this Act does not make provision or enough provision. 9 `(2) This section expires 1 year after it commences.'. 10 of section headings 11 Replacement Clause 20.(1) This section amends the provisions mentioned in schedule 1, 12 column 1. 13 (2) For a provision mentioned in schedule 1, column 1, omit the 14 section heading and insert the section heading set opposite the provision in 15 schedule 1, column 2. 16 for "commissioner" 17 Amendment Clause 21.(1) This section amends the provisions mentioned in schedule 2. 18 (2) In the provisions mentioned in schedule 2, part 1, `commissioner'-- 19 omit, insert-- 20 `chief commissioner'. 21 (3) In the provisions mentioned in schedule 2, part 2, `commissioner'-- 22 omit, insert-- 23 `authority'. 24 25

 


 

23 Fire Service Amendment CHEDULE 1 1 S REPLACEMENT OF SECTION HEADINGS 2 section 20 3 Column 1 Column 2 section new section heading 19 Delegation by chief commissioner 63 Authorisation of fires by chief commissioner 64 Prohibition by chief commissioner against lighting of fires 69 Requisition by chief commissioner to reduce fire risk 85 Authority's role relating to rural fire brigades 91 Chief commissioner's power during fire emergency 97 Off-site emergency plans 98 Assistance with plans 103 Keeping copies of plans 104F Assistance with plan 104G Notice by chief commissioner about occupier's obligations 118 Payments by component local governments to authority 122 Notices about contributions 124 Remitting contributions

 


 

24 Fire Service Amendment SCHEDULE 1 (continued) 131 Representation of authority at inquiries 136 Role of police officers at fire or chemical incident 140 Ownership of property

 


 

25 Fire Service Amendment CHEDULE 2 1 S EPLACEMENT OF REFERENCES TO 2 R COMMISSIONER 3 section 21 4 5 PART 1--CHIEF COMMISSIONER 6 section 6A(1) and (2) section 86A(1) 7 section 9(2) and (4) sections 86B and 86C 8 section 18(1), (2) and (5) section 86G 9 section 19(1) section 87 10 section 24(1), (2nd mention) section 88(3) 11 section 41(3) and (4) section 89 12 section 42(3)(b) section 91(1) 13 section 54 section 96(1) 14 section 60 section 97(1) 15 sections 63 to 65 section 98(1) 16 section 66(2) sections 99 to 102 17 sections 69(1) section 104F(1) 18 sections 70 and 71 section 104G 19 section 72(1)(d) and (f) section 104I 20 sections 75 and 76 section 104M 21 sections 78 to 83 section 104R(1) 22 section 84(3), (1st mention) section 104S(e) 23 section 86(4) section 106(2) 24

 


 

26 Fire Service Amendment SCHEDULE 2 (continued) section 113 1 section 133, (3rd mention) 2 section 137(1) 3 section 138(a) 4 section 140(b), (2nd mention) 5 section 141(2) 6 section 142(1), (last mention) 7 section 142(2) 8 section 142(3), (1st and 2nd 9 mention) 10 section 154(3) 11 12 PART 2--AUTHORITY 13 section 8 section 84(1), (2) and (3), (2nd 14 mention) section 20 15 section 85 section 21 16 section 98(2) section 23 17 section 103 section 24(1), (1st mention) 18 section 107(2) sections 27 to 30 19 section 108(4) section 32 20 section 109 section 33(2) 21 section 118 section 41(5) 22 section 119 section 53(3) 23 section 120 section 69(4), (6), and (7) 24

 


 

27 Fire Service Amendment SCHEDULE 2 (continued) section 122 1 section 123(1) and (3) 2 section 124 3 section 126 4 section 131 5 section 133, (1st and 2nd mention) 6 section 140, (other than 2nd 7 mention in paragraph (b)) 8 section 141(1) 9 section 142(1), (1st and 2nd 10 mention) 11 section 142(3), (last mention) 12 section 143(1) 13 section 144(1) and (2) 14 section 145(1) 15 section 153(g), (1st mention) 16 17 18

 


 

28 Fire Service Amendment CHEDULE 3 1 S THER MINOR AMENDMENTS 2 O section 3 3 1. Section 9(3)-- 4 omit. 5 2. Section 10, `commissioner of fire service' 6 omit, insert-- 7 `chief commissioner'. 8 3. Section 18(1), after `time to time'-- 9 insert-- 10 `, with the approval of the board,'. 11 4. Sections 18(1)(a), 30(1)(c), 30(2)(b), 42(3)(d), 136(1) and 154(2)(b), 12 `officers of the Queensland Fire Service'-- 13 omit, insert-- 14 `fire authority officers'. 15 5. Section 18(2), after `time'-- 16 insert-- 17 `, with the approval of the board,'. 18

 


 

29 Fire Service Amendment SCHEDULE 3 (continued) 6. Section 18(4), `officers or classes of officers'-- 1 omit, insert-- 2 `fire authority officers or classes of fire authority officers'. 3 7. Section 19(1), `fire service officer'-- 4 omit, insert-- 5 `fire authority officer'. 6 8. Sections 19, 78(1), 81(3) and 113(6), `commissioner's'-- 7 omit, insert-- 8 `chief commissioner's'. 9 9. Section 20(1), `Queensland fire service general fund'-- 10 omit, insert-- 11 `Queensland Fire and Rescue Authority general fund'. 12 10. Section 25A, `Fire service officers'-- 13 omit, insert-- 14 `Fire authority officers'. 15 11. Section 26, `appointed or employed by the commissioner'-- 16 omit, insert-- 17 `employed by the authority'. 18

 


 

30 Fire Service Amendment SCHEDULE 3 (continued) 12. Section 26, `commissioner' (2nd mention)-- 1 omit, insert-- 2 `board'. 3 13. Sections 27, 28(1) and 30(1), `An officer of the Queensland Fire 4 Service'-- 5 omit, insert-- 6 `A fire authority officer'. 7 14. Section 28(2) and (4), `an officer'-- 8 omit, insert-- 9 `a fire authority officer'. 10 15. Sections 29(a), 30(2)(a), 32(1)(a), 42(3)(a), 104N(2), 133, 140(b), 11 141(1) and 142(1), `an officer of the Queensland Fire Service'-- 12 omit, insert-- 13 `a fire authority officer'. 14 16. Sections 41(3), (4) and (4A) and 46, `in the Queensland Fire 15 Service'-- 16 omit, insert-- 17 `by the authority'. 18 17. Section 41(5), `in the Queensland Fire Service'-- 19 omit, insert-- 20 `of the authority'. 21

 


 

31 Fire Service Amendment SCHEDULE 3 (continued) 18. Section 49, `commissioner'-- 1 omit, insert-- 2 `board'. 3 19. Part 7, division 1, heading, `commissioner'-- 4 omit, insert-- 5 `chief commissioner'. 6 20. Section 75(4) and schedule 4, clause 10, `Queensland Fire 7 Service'-- 8 omit, insert-- 9 `authority'. 10 21. Sections 93, 125, 144(13) and 153(f), `under the seal of the 11 commissioner'-- 12 omit, insert-- 13 `signed by the chief commissioner'. 14 22. Section 104F(2), `commissioner's'-- 15 omit, insert-- 16 `authority's'. 17 23. Sections 136(2) and 140(a), `officer of the Queensland Fire 18 Service'-- 19 omit, insert-- 20 `fire authority officer'. 21

 


 

32 Fire Service Amendment SCHEDULE 3 (continued) 24. Section 139(1), definition "officer in charge", `commissioner'-- 1 omit, insert-- 2 `chief commissioner'. 3 25. Section 153(a), `commissioner' to `Service'-- 4 omit, insert-- 5 `commissioner or chief commissioner, or of an officer of the fire service 6 or a fire authority officer,'. 7 26. Section 153(f), after `commissioner' (2nd mention)-- 8 insert-- 9 `, chief commissioner or the authority'. 10 27. Section 153(g)(i), after `commissioner'-- 11 insert-- 12 `or authority'. 13 State of Queensland 1996

 


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