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FIRE AND EMERGENCY SERVICES AUTHORITY OF WESTERN AUSTRALIA (CONSEQUENTIAL PROVISIONS) BILL 1998

                      Western Australia



Fire and Emergency Services Authority of
    Western Australia (Consequential
          Provisions) Bill 1998


                        CONTENTS




                  Part 1 -- Preliminary
  1.     Short title                                                  2
  2.     Commencement                                                 2

            Part 2 -- Bush Fires Act 1954
  3.     The Act amended                                              3
  4.     Section 7 amended                                            3
  5.     Part II, Division 1 heading deleted                          4
  6.     Sections 8 and 9 repealed                                    4
  7.     Part II, Division 2 heading deleted                          5
  8.     Section 10 amended                                           5
  9.     Sections 11 and 11A repealed                                 5
  10 .   Section 12 amended                                           5
  11 .   Part II, Divisions 3 and 4, repealed, and transitional       5
  12 .   Section 51 amended                                           6
  13 .   Section 63 repealed                                          6
  14 .   Section 65 amended                                           6
  15 .   Section 69 repealed                                          6



                                                                  page i
                         163 -- 1
Fire and Emergency Services Authority of Western Australia
(Consequential Provisions) Bill 1998




      16 .     Various references to "Board" amended to
               "Authority"                                     6

                 Part 3 -- Fire Brigades Act 1942
      17 .     The Act amended                                 8
      18 .     Section 4 amended                               8
      19 .     Parts III, IV and V repealed                   10
      20 .     Part VI heading amended                        10
      21 .     Section 23 repealed                            10
      22 .     Section 24 amended                             10
      23 .     Section 25 amended                             11
      24 .     Section 26A amended                            11
      25 .     Section 29 amended                             11
      26 .     Section 35 amended                             12
      27 .     Section 36 amended                             12
      28 .     Section 40 amended                             13
      29 .     Section 45 amended                             13
      30 .     Section 46 amended                             13
      31 .     Section 47 amended                             13
      32 .     Section 47A amended                            14
      33 .     Section 54 amended                             14
      34 .     Section 64 repealed                            14
      35 .     Section 71 repealed                            14
      36 .     Fourth Schedule amended                        15
      37 .     Various references to "Board" amended to
               "Authority"                                    15

               Part 4 -- Miscellaneous amendments
      38 .     Miscellaneous amendments                       18

             Schedule 1 -- Miscellaneous amendments
      1.       Constitution Acts Amendment Act 1899 amended   19
      2.       Country Areas Water Supply Act 1947 amended    19
      3.       Financial Administration and Audit Act 1985
               amended                                        20

page ii
       Fire and Emergency Services Authority of Western Australia
                             (Consequential Provisions) Bill 1998




4.     Fire Brigades Superannuation Act 1985 amended,
       and savings                                           20
5.     Government Employees Superannuation Act 1987
       amended                                               24
6.     Litter Act 1979 amended                               24
7.     Metropolitan Water Supply, Sewerage, and
       Drainage Act 1909 amended                             24
8.     Public Sector Management Act 1994 amended             25
9.     Sentencing Act 1995 amended                           25
10 .   Water Boards Act 1904 amended                         26




                                                         page iii
                           Western Australia



                     LEGISLATIVE ASSEMBLY




 Fire and Emergency Services Authority of
     Western Australia (Consequential
           Provisions) Bill 1998
                               A Bill for


An Act to amend the Bush Fires Act 1954 and Fire Brigades Act 1942
and various other Acts as a consequence of the enactment of the Fire
and Emergency Services Authority of Western Australia Act 1998, and
for related purposes.



The Parliament of Western Australia enacts as follows:




                                                              page 1
    Fire and Emergency Services Authority of Western Australia
    (Consequential Provisions) Bill 1998
    Part 1       Preliminary

    s. 1


                           Part 1 -- Preliminary
    1.       Short title
             This Act may be cited as the Fire and Emergency Services
             Authority of Western Australia (Consequential Provisions) Act
5            1998.

    2.       Commencement
             This Act comes into operation on the day fixed under section 2
             of the Fire and Emergency Services Authority of Western
             Australia Act 1998.




    page 2
                    Fire and Emergency Services Authority of Western Australia
                                          (Consequential Provisions) Bill 1998
                                             Bush Fires Act 1954        Part 2

                                                                             s. 3


                      Part 2 -- Bush Fires Act 1954
     3.   The Act amended
          The amendments in this Part are to the Bush Fires Act 1954*.
          [* Reprinted as at 20 January 1997.
 5        For subsequent amendments see 1997 Index to Legislation of
          Western Australia, Table 1, p. 26 and Act No.10 of 1998.]

     4.   Section 7 amended
          Section 7 is amended as follows:
            (a) after the definition of "adjoining", by inserting the
10               following definition --
          "
                    "Authority" means the Fire and Emergency Services
                       Authority of Western Australia established by
                       section 4 of the FESA Act;
15                                                                            ";
              (b)    by deleting the definition of "Board";
              (c)    by deleting the definition of "Chairman";
              (d)    in the definition of "Chief Executive Officer", by
                     deleting "Chief Executive Officer of the Board referred
20                   to in section 15;" and inserting instead --
                     "
                           chief executive officer of the Authority, as
                           referred to in section 19 of the FESA Act;
                                                                              ";




                                                                          page 3
     Fire and Emergency Services Authority of Western Australia
     (Consequential Provisions) Bill 1998
     Part 2       Bush Fires Act 1954

     s. 5


                  (e)    in the definition of "forest officer", by deleting "appointed
                         under the Forests Act 1918;" and inserting instead --
                         "
                               within the meaning of the Conservation and
 5                             Land Management Act 1984;
                                                                                     ";
                  (f)    by deleting the definitions of "Fund" and "member of
                         the Board" and inserting the following definition
                         instead --
10            "
                        "member of the Authority" means a member of the
                           board of management referred to in section 6 of
                           the FESA Act;
                                                                                     ";
15                (g)    by deleting the full stop at the end of the definition of
                         "restricted burning times" and inserting a semicolon
                         instead;
                  (h)    at the end of the section, by inserting the following
                         definition --
20            "
                        "the FESA Act" means the Fire and Emergency
                            Services Authority of Western Australia Act 1998.
                                                                                     ".

     5.       Part II, Division 1 heading deleted
25            Part II is amended before section 8 by deleting the heading to
              Division 1.

     6.       Sections 8 and 9 repealed
              Sections 8 and 9 are repealed.



     page 4
                      Fire and Emergency Services Authority of Western Australia
                                            (Consequential Provisions) Bill 1998
                                               Bush Fires Act 1954        Part 2

                                                                                 s. 7


     7.          Part II, Division 2 heading deleted
                 Part II is amended before section 10 by deleting the heading to
                 Division 2.

     8.          Section 10 amended
 5               Section 10(2)(a) is amended by deleting "the appointment of
                 and employ such persons as it" and inserting instead --
                 "
                       that the Chief Executive Officer appoint and employ
                       such persons as the Authority
10                                                                                 ".

     9.          Sections 11 and 11A repealed
                 Sections 11 and 11A are repealed.

     10.         Section 12 amended
                 Section 12(1) is amended by deleting "Board may with the
15               approval of the Minister appoint persons" and inserting
                 instead --
                 "
                       Chief Executive Officer may, on the recommendation
                       of the Authority and with the approval of the Minister,
20                     appoint persons under section 20 of the FESA Act
                                                                                   ".

     11.         Part II, Divisions 3 and 4, repealed, and transitional
           (1)   Divisions 3 and 4 of Part II are repealed.
           (2)   Any funds standing to the credit of the Bush Fires Board Fund
25               under section 16A of the Bush Fires Act 1954, as in force
                 immediately before the commencement of this section, are to be


                                                                           page 5
     Fire and Emergency Services Authority of Western Australia
     (Consequential Provisions) Bill 1998
     Part 2       Bush Fires Act 1954

     s. 12


              credited to the Fire and Emergency Services Authority Account
              referred to in section 30 of the FESA Act.

     12.      Section 51 amended
              Section 51(3) is amended by deleting "section 63." and inserting
 5            instead --
              "   section 37 of the FESA Act.         ".

     13.      Section 63 repealed
              Section 63 is repealed.

     14.      Section 65 amended
10            Section 65(2)(b) is amended by deleting "hand of the executive
              officer of the Board;" and inserting instead --
              "   seal of the Authority;     ".

     15.      Section 69 repealed
              Section 69 is repealed.

15   16.      Various references to "Board" amended to "Authority"
              The provisions mentioned in the Table to this section are
              amended by deleting "Board" in each place where it occurs and
              inserting instead --
              "   Authority   ".
20                                         Table
              section 7 (definition of            section 35(1)
              "restricted burning times")
              section 10(1)                       section 35(2)
              section 10(2)                       section 35(3)(a) (in 2 places)

     page 6
     Fire and Emergency Services Authority of Western Australia
                           (Consequential Provisions) Bill 1998
                              Bush Fires Act 1954        Part 2

                                                                  s. 16



section 13(1)                  section 35(3)(b) (in 2 places)
section 13(2) (in 2 places)    section 35(4)
section 14 (in 2 places)       section 35(5)(a) (in 2 places)
section 17(4) (in 2 places)    section 35(5)(b) (in 2 places)
section 17(5)                  section 38(2)(c)
section 17(6) (in 2 places)    section 38 (2)(d)
section 17(8)(a)(ii)           section 38(2)(e) (in 2 places)
section 17(8)(b)               section 38(6)(a)
section 17(9)                  section 38(6)(b) (in 3 places)
section 18(2)                  section 38(6)(d) (in 2 places)
section 18(5)(b)               section 50(2)(b)
section 24B(1) (in 2 places)   section 54
section 25A(1) (in 2 places)   section 55
section 25B(1)                 section 56(1)(a) (in 2 places)
section 27B(1)                 section 56(2) (in 2 places)
section 27B(2)                 section 57 (in 2 places)
section 27C(1)                 section 58(3)
section 27C(2)                 section 59(2)(a) (in 2 places)
section 28(4)(a)               section 65(1)(a)
section 28(4)(b)               section 65(1)(c)
section 34(1a) (in 3 places)




                                                                page 7
     Fire and Emergency Services Authority of Western Australia
     (Consequential Provisions) Bill 1998
     Part 3       Fire Brigades Act 1942

     s. 17


                           Part 3 -- Fire Brigades Act 1942
     17.         The Act amended
                 The amendments in this Part are to the Fire Brigades Act 1942*.
                 [* Reprinted as at 17 June 1996.
 5               For subsequent amendments see 1997 Index to Legislation of
                 Western Australia, Table 1, pp. 86-87 and Act No.10 of 1998.]
     18.         Section 4 amended
           (1)   Section 4(1) is amended as follows:
                  (a) by deleting the definition of "Board" and inserting the
10                      following definition instead --
                 "
                           "Authority" means the Fire and Emergency Services
                              Authority of Western Australia established by
                              section 4 of the FESA Act;
15                                                                                 ";
                     (b)    by deleting the definition of "Chairman";
                     (c)    in the definition of "Chief Executive Officer", by
                            deleting "person appointed to be the Chief Executive
                            Officer under section 8A;" and inserting instead --
20                          "
                                  chief executive officer of the Authority, as
                                  referred to in section 19 of the FESA Act;
                                                                                   ";
                     (d)    by deleting the definition of "Deputy Chairman";




     page 8
                         Fire and Emergency Services Authority of Western Australia
                                               (Consequential Provisions) Bill 1998
                                                Fire Brigades Act 1942       Part 3

                                                                                 s. 18


                   (e)    after the definition of "insurance company", by inserting
                          the following definition --
               "
                         "member of the Authority" means a member of the
 5                          board of management referred to in section 6 of
                            the FESA Act;
                                                                                   ";
                   (f)    in the definition of "permanent fire brigade", by deleting
                          "Board" in the 2 places where it occurs and inserting
10                        instead --
                          " Authority ";
                   (g)    in the definition of "private fire brigade", by deleting
                          "Board" and inserting instead --
                          " Authority ";
15                 (h)    by deleting the definition of "Secretary" and inserting
                          the following definition instead --
               "
                         "the FESA Act" means the Fire and Emergency
                             Services Authority of Western Australia Act 1998;
20                                                                                  ";
                   (i)    in the definition of "volunteer fire brigade", by deleting
                          "Board" and inserting instead --
                          " Authority ".
     (2)       Section 4(2) and (3) are repealed and the following subsection is
25             inserted instead --
           "
               (2)       A reference in this Act to an officer or employee of the
                         Authority, or to a person employed by the Authority, is
                         a reference to a person appointed or engaged under



                                                                               page 9
     Fire and Emergency Services Authority of Western Australia
     (Consequential Provisions) Bill 1998
     Part 3       Fire Brigades Act 1942

     s. 19


                         section 20 of the FESA Act for the purposes of this
                         Act.
                                                                               ".

     19.       Parts III, IV and V repealed
 5             Parts III, IV and V are repealed.

     20.       Part VI heading amended
               The heading to Part VI is amended by deleting "VESTING OF
               PROPERTY AND GENERAL POWERS AND DUTIES OF
               BOARD" and inserting instead --
10             "
                         GENERAL POWERS AND DUTIES OF
                         AUTHORITY
                                                                               ".

     21.       Section 23 repealed
15             Section 23 is repealed.

     22.       Section 24 amended
               Section 24(2) is amended in the proviso --
                (a) by deleting "Board, or the Board to which the Board"
                      and inserting instead --
20                        "
                                Authority, or a body corporate to which the
                                Authority
                                                                               ";
                          and
25                 (b)    by deleting "to the Board" and inserting instead --
                          " to the Authority ".



     page 10
                      Fire and Emergency Services Authority of Western Australia
                                            (Consequential Provisions) Bill 1998
                                             Fire Brigades Act 1942       Part 3

                                                                              s. 23


     23.         Section 25 amended
           (1)   Section 25(1) is amended as follows:
                  (a) by deleting the subsection designation "(1)";
                  (b) by deleting "Board are --"and inserting instead --
 5                      " Authority under this Act are -- ".
           (2)   Section 25(2) and (3) are repealed.
     24.         Section 26A amended
                 Section 26A is amended as follows:
                   (a) in paragraph (a)(iii), by deleting "Board" in the first and
10                      second places where it occurs and inserting instead --
                        " Authority ";
                  (b) in paragraph (a)(iii), by deleting "Board" in the third
                        place where it occurs and inserting instead --
                        " Authority under this Act ";
15                 (c) in paragraph (b)(i) after "of its functions", by inserting
                        the following --
                        " under this Act ";
                  (d) in paragraph (ca), by deleting "Board" in the first place
                        where it occurs and inserting instead --
20                      " Authority ";
                   (e) in paragraph (ca), by deleting "Board referred to in
                        section 25(1)" and inserting instead --
                        " Authority referred to in section 25 ";
                   (f) in paragraph (d) after "of any function", by inserting the
25                      following --
                        " under this Act ".
     25.         Section 29 amended
           (1)   Section 29(1) is amended as follows:

                                                                           page 11
     Fire and Emergency Services Authority of Western Australia
     (Consequential Provisions) Bill 1998
     Part 3       Fire Brigades Act 1942

     s. 26


                  (a)   by deleting the subsection designation "(1)" and "The
                        Board shall from time to time appoint" and inserting
                        instead --
                        "
 5                            For the purposes of this Act, the Chief
                              Executive Officer shall from time to time
                              appoint under section 20 of the FESA Act
                                                                                  ";
                  (b)   by deleting "including an employee to be called the
10                      Secretary to the Board,";
                  (c)   by deleting "Board shall have" and inserting instead --
                        " Chief Executive Officer has ".
           (2)   Section 29(1a) and (2) are repealed.
     26.         Section 35 amended
15               Section 35 is amended by deleting paragraphs (a), (b), (t) and
                 (u).
     27.         Section 36 amended
           (1)   Section 36(1) is amended as follows:
                  (a) in paragraph (b), by inserting after "Fire Brigades Board
20                      under" the following --
                        " this Act or ";
                  (b) in paragraph (c), by deleting "Board:" and inserting
                        instead --
                        "
25                            Authority to be incurred in the operation of this
                              Act:
                                                                                  ".




     page 12
                       Fire and Emergency Services Authority of Western Australia
                                             (Consequential Provisions) Bill 1998
                                              Fire Brigades Act 1942       Part 3

                                                                             s. 28


           (2)   Section 36(2) is amended in the proviso by inserting after "have
                 been expended" the following --
                 "   , for the purposes of this Act,   ".

     28.         Section 40 amended
 5               Section 40(6) is repealed.

     29.         Section 45 amended
           (1)   Section 45(1) is amended by deleting "subsections (2) and" and
                 inserting instead --
                 "   subsection   ".
10         (2)   Section 45(2) is repealed.

     30.         Section 46 amended
           (1)   Section 46(1) is amended by deleting "Governor," and inserting
                 instead --
                 "   Treasurer of Western Australia,        ".
15         (2)   Section 46(5) is amended by deleting "Governor." and inserting
                 instead --
                 "   Treasurer of Western Australia.        ".
           (3)   Section 46(10) is amended after "Board under" by inserting --
                 " this Act or    ".

20   31.         Section 47 amended
           (1)   Section 47(1) is amended by deleting "Board and its
                 operations." and inserting instead --
                 "   Authority and its operations under this Act.   ".


                                                                          page 13
     Fire and Emergency Services Authority of Western Australia
     (Consequential Provisions) Bill 1998
     Part 3       Fire Brigades Act 1942

     s. 32


           (2)   Section 47(2) is amended by deleting "Board" and inserting
                 instead --
                 "   Authority and its operations under this Act   ".

     32.         Section 47A amended
 5               Section 47A is amended as follows:
                   (a) by deleting "appointed under --" and inserting
                        instead --
                        " appointed -- ";
                  (b) in paragraph (a), by deleting "section 8A";
10                 (c) in paragraph (b) before "section 29", by inserting --
                        " in accordance with ";
                  (d) in paragraph (c) before "section 31", by inserting --
                        " under ";
                   (e) by deleting "Pubic Service Act 1978" and inserting
15                      instead --
                        " Public Sector Management Act 1994 ".

     33.         Section 54 amended
                 Section 54(3)(g)(i) is amended in item 3 of the Table by
                 deleting "Board" and inserting instead --
20               "   Authority   ".

     34.         Section 64 repealed
                 Section 64 is repealed.

     35.         Section 71 repealed
                 Section 71 is repealed.



     page 14
                 Fire and Emergency Services Authority of Western Australia
                                       (Consequential Provisions) Bill 1998
                                        Fire Brigades Act 1942       Part 3

                                                                                  s. 36


     36.   Fourth Schedule amended
           Clause 6 of the Fourth Schedule is amended by deleting
           "Board's" and inserting instead --
           "   Authority's    ".

 5   37.   Various references to "Board" amended to "Authority"
           The provisions mentioned in the Table to this section are
           amended by deleting "Board" in each place where it occurs, or
           in the places mentioned in the Table, and inserting instead --
           "   Authority     ".
10                                       Table
           section 24(1) (in 3 places)           section 46(2) (in 2 places)
           section 24(2) (in the 1st, 2nd        section 46(3)
           and 3rd places)
           section 25A(1) (in 2 places)          section 46(8) (in 3 places)
           section 25A(4)(a) (in 2 places)       section 46(9)
           section 26                            section 46A(1) (in 3 places)
           section 26A(in the 1st place)         section 46A(2)
           section 26A(b) (in 3 places)          section 46B(in 2 places)
           section 27(1) (in 2 places)           section 48
           section 27(2) (in 3 places)           section 49
           section 30                            section 50 (in 2 places)
           section 31(2)                         section 51 (in 3 places)
           section 33 (in the 1st and 2nd        section 52(1)
           places)


                                                                               page 15
Fire and Emergency Services Authority of Western Australia
(Consequential Provisions) Bill 1998
Part 3       Fire Brigades Act 1942

s. 37



          section 33(c), (d), and (g) (in    section 52(2)
          2 places)
          section 33A(1)                     section 54(3)(b) (in 2 places)
          section 33A(15) (definition of     section 54(3)(c) (in the 1st and 2nd
          "authorized officer")              places)
          section 34(h)                      section 54(3)(f) (in 2 places)
          section 35(g)                      section 54(3)(g)(i) (in the
                                             1st place)
          section 36(1) (in the 1st place)   section 55
          section 36(1)(b) (in the           section 56(b)
          1st place)
          section 36(2) (in 2 places)        section 57
          section 36(3)                      section 59(ii)
          section 37(1)                      section 61 (in 2 places)
          section 37(4)                      section 62(1)
          section 39(2) (in 3 places)        section 62(2)
          section 40(1)                      section 65(1)(a) (in 3 places)
          section 40(2)                      section 65(2) (in 3 places)
          section 40(4)                      section 65(4)
          section 40(5) (in 2 places)        section 65(5)
          section 41                         section 66 (in 5 places)
          section 42(1)                      section 67(1) (in 4 places)
          section 42(3)                      section 73



page 16
     Fire and Emergency Services Authority of Western Australia
                           (Consequential Provisions) Bill 1998
                            Fire Brigades Act 1942       Part 3

                                                              s. 37



section 43(2)                 Fourth Schedule, clause 3 (in
                              2 places)
section 44(1) (in 2 places)   Fourth Schedule, clause 4 (in
                              3 places)
section 45(1) (in 2 places)   Fourth Schedule, clause 6
section 45(3)                 Fourth Schedule, clause 7 (in
                              2 places)
section 46(1) (in 3 places)




                                                          page 17
Fire and Emergency Services Authority of Western Australia
(Consequential Provisions) Bill 1998
Part 4       Miscellaneous amendments

s. 38


            Part 4 -- Miscellaneous amendments
38.       Miscellaneous amendments
          The Acts mentioned in Schedule 1 are amended as set out in
          that Schedule.




page 18
                          Fire and Emergency Services Authority of Western Australia
                                                (Consequential Provisions) Bill 1998


                                               Miscellaneous amendments           Schedule 1



                    Schedule 1 -- Miscellaneous amendments
                                                                              [Section 38]

     1.         Constitution Acts Amendment Act 1899 amended
                Part 3 of Schedule V is amended as follows:
 5                  (a)    by deleting the item that begins "The Bush Fires Board";
                    (b)    after the item that begins "The Finance Brokers Supervisory
                           Board", by inserting the following item --
                           "
                                  The Fire and Emergency Services Authority of
10                                Western Australia established by the Fire and
                                  Emergency Services Authority of Western Australia
                                  Act 1998.
                                                                                         ";
                    (c)    by deleting the item that begins "The Western Australian Fire
15                         Brigades Board".
     2.         Country Areas Water Supply Act 1947 amended
          (1)   Section 37(1) is amended as follows:
                    (a)    before the definition of "Fire Brigades Act", by inserting the
                           following definition --
20              "
                          "Authority" means the Fire and Emergency Services
                              Authority of Western Australia established by section 4
                              of the Fire and Emergency Services Authority of
                              Western Australia Act 1998;
25                                                                                       ";
                    (b)    by deleting the definition of "Fire Brigades Board".
          (2)   The provisions mentioned in the Table to this subclause are amended by
                deleting "Board" in each place where it occurs and inserting instead --
                "    Authority     ".

                                                                                    page 19
     Fire and Emergency Services Authority of Western Australia
     (Consequential Provisions) Bill 1998


     Schedule 1       Miscellaneous amendments


                                              Table
                section 37(3) (in 2 places)              section 37(10)
                section 37(7)                            section 37(11)
                section 37(9)                            section 37(15) (in 2 places)

     3.         Financial Administration and Audit Act 1985 amended
                Schedule 1 is amended as follows:
                    (a)    by deleting the item "Bush Fires Board";
 5                  (b)    after the item "Esperance Port Authority", by inserting the
                           following item --
                           "
                                 Fire and Emergency Services Authority of Western
                                 Australia
10                                                                                       ";
                    (c)    by deleting the item "Western Australian Fire Brigades Board".

     4.         Fire Brigades Superannuation Act 1985 amended, and savings
          (1)   The long title is amended by deleting "the employees, and certain
                former employees, of the Western Australian Fire Brigades Board
15              and" and inserting instead --
                "
                          certain persons employed for the purposes of the Fire
                          and Emergency Services Authority of Western Australia
                          Act 1998, for certain former employees of the Western
20                        Australian Fire Brigades Board, for the employees, and
                          certain former employees, of
                                                                                         ".




     page 20
                     Fire and Emergency Services Authority of Western Australia
                                           (Consequential Provisions) Bill 1998


                                           Miscellaneous amendments         Schedule 1


     (2)   Section 3(1) is amended as follows:
               (a)     after the definition of "associated employer", by inserting the
                       following definitions --
           "
 5                   "Authority" means the Fire and Emergency Services
                         Authority of Western Australia established by section 4
                         of the Fire and Emergency Services Authority of
                         Western Australia Act 1998;
                     "chief executive officer" means the chief executive officer
10                       of the Authority, as referred to in section 19 of the Fire
                         and Emergency Services Authority of Western
                         Australia Act 1998;
                                                                                        ";
               (b)     after the definition of "Commonwealth standards", by
15                     inserting the following definition --
           "
                     "eligible Authority employee" means a firefighter, or a
                          person holding a prescribed office or of a prescribed
                          class employed under section 19 or 20 of the Fire and
20                        Emergency Services Authority of Western Australia
                          Act 1998;
                                                                                        ";
               (c)     in the definition of "Fire Brigades Board", by inserting after
                       "Act 1942" the following --
25                     "
                             , as in force immediately before the coming into
                             operation of the Fire and Emergency Services
                             Authority of Western Australia Act 1998
                                                                                        ";
30             (d)     by deleting the definition of "Fire Brigades Board employee";




                                                                              page 21
     Fire and Emergency Services Authority of Western Australia
     (Consequential Provisions) Bill 1998


     Schedule 1      Miscellaneous amendments


                   (e)    by inserting after the definition of "firefighter" the following
                          definition --
               "
                         "former Fire Brigades Board employee" means a person
 5                           formerly in the employment of the Fire Brigades
                             Board;
                                                                                         ".
        (3)    Section 5(1) is amended by deleting "Fire Brigades Board employees,
               associated employees," and inserting instead --
10             "
                         eligible Authority employees, associated employees, former
                         eligible Authority employees,
                                                                                         ".
        (4)    Section 5(2)(a) is amended by deleting "Fire Brigades Board" and
15             inserting instead --
               "    chief executive officer    ".
        (5)    Section 27(1) is amended by deleting "Fire Brigades Board" in both
               places where it occurs and inserting instead --
               "    chief executive officer    ".
20      (6)    Section 27(2) is amended by deleting "Fire Brigades Board" and
               inserting instead --
               "    chief executive officer    ".
        (7)    Section 28(1) is amended by deleting "Fire Brigades Board" and
               inserting instead --
25             "    chief executive officer    ".




     page 22
                  Fire and Emergency Services Authority of Western Australia
                                        (Consequential Provisions) Bill 1998


                                          Miscellaneous amendments       Schedule 1


      (8)   Section 32(a) is amended by deleting "Fire Brigades Board
            employees, associated employees," and inserting instead --
            "
                  eligible Authority employees, associated employees,
 5                prescribed former eligible Authority employees,
                                                                                  ".
      (9)   Section 32(b) is amended by deleting "Fire Brigades Board" and
            inserting instead --
            "   chief executive officer    ".
10   (10)   Schedule 1 is amended by deleting "Chief Executive Officer of the
            Western Australian Fire Brigades Board." and inserting instead --
            "   Chief executive officer of the Authority.   ".
     (11)   Clause 1 of Schedule 2 is amended in the definition of "appointed
            member" by deleting "Fire Brigades Board" and inserting instead --
15          "   Authority     ".
     (12)   The provisions mentioned in the Table to this subclause are amended
            by deleting "Fire Brigades Board" in each place where it occurs and
            inserting instead --
            "   Authority     ".
20                                        Table
            section 4(4)(a)                       Schedule 2, clause 6(2)
            section 4(5)                          Schedule 2 , clause 7(2)
            section 17(4)                         Schedule 2, clause 7(3)
            section 31 (in 2 places)
     (13)   Despite the amendments made to section 4 of the Fire Brigades
            Superannuation Act 1985 by subclause (12), a person appointed and
            holding office under that section immediately before the commencement
            of this clause as a member or alternate member of the Western Australian


                                                                             page 23
     Fire and Emergency Services Authority of Western Australia
     (Consequential Provisions) Bill 1998


     Schedule 1       Miscellaneous amendments


                Fire Brigades Superannuation Board continues, subject to that Act, to
                hold that office on and after that commencement for the remainder of the
                period for which the person was appointed.
     5.         Government Employees Superannuation Act 1987 amended
 5              Part B of Schedule 1 is amended as follows:
                    (a)    by deleting the item "Bush Fires Board";
                    (b)    after the item "Family Court" by inserting the following item --
                           "
                                  Fire and Emergency Services Authority of Western
10                                Australia
                                                                                        ";
                    (c)    by deleting the item "Western Australian Fire Brigades Board".

     6.         Litter Act 1979 amended
                The Third Schedule is amended in column 2 by deleting "The Bush
15              Fires Board" and inserting instead --
                "
                          The Fire and Emergency Services Authority of Western
                          Australia
                                                                                        ".
20   7.         Metropolitan Water Supply, Sewerage, and Drainage Act 1909
                amended
          (1)   Section 45(1) is amended by deleting the definitions of "Fire Brigades
                Act" and "Fire Brigades Board" and inserting the following definition
                instead --
25              "
                          "Authority" means the Fire and Emergency Services
                              Authority of Western Australia established by section 4
                              of the Fire and Emergency Services Authority of
                              Western Australia Act 1998;
30                                                                                      ".

     page 24
                          Fire and Emergency Services Authority of Western Australia
                                                (Consequential Provisions) Bill 1998


                                              Miscellaneous amendments        Schedule 1


          (2)   The provisions mentioned in the Table to this subclause are amended
                by deleting "Fire Brigades Board" in each place where it occurs and
                inserting instead --
                "    Authority    ".
 5                                            Table
                section 45(3) (in 2 places)        section 45(10)
                section 45(7)                      section 45(11)
                section 45(9)

     8.         Public Sector Management Act 1994 amended
                Schedule 2 is amended as follows:
                    (a)    by deleting item 3A;
                    (b)    after item 10, by inserting the following item --
10                    "
                          10A.   Fire and Emergency Services Authority of Western
                                 Australia established by the Fire and Emergency
                                 Services Authority of Western Australia Act 1998
                                                                                     ";
15                  (c)    by deleting item 60.

     9.         Sentencing Act 1995 amended
                Schedule 1 is amended in the item relating to the Bush Fires Act 1954
                by deleting "Bush Fires Board" and inserting instead --
                "    Fire and Emergency Services Authority of Western Australia     ".




                                                                                page 25
     Fire and Emergency Services Authority of Western Australia
     (Consequential Provisions) Bill 1998


     Schedule 1       Miscellaneous amendments


     10.         Water Boards Act 1904 amended
           (1)   Section 63(1) is amended by deleting the definition of "Board" and
                 inserting the following definition instead --
                 "
 5                     "Authority" means the Fire and Emergency Services
                           Authority of Western Australia established by section 4
                           of the Fire and Emergency Services Authority of
                           Western Australia Act 1998;
                                                                                      ".
10         (2)   The provisions mentioned in the Table to this subclause are amended
                 by deleting "Board" in each place where it occurs (except where it
                 occurs in the expression "Water Board") and inserting instead --
                 "   Authority   ".
                                               Table
                 section 63(3) (in 2 places)           section 63(10)
                 section 63(7)                         section 63(11)
                 section 63(9)                         section 63(15) (in 2 places)




 


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