Fire Service Amendment Act 2001

Fire Service Amendment Act 2001

An Act to amend the Fire Service Act 1979

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Fire Service Amendment Act 2001 .

2.   Commencement

This Act commences on 1 July 2001.

3.   Principal Act

In this Act, the Fire Service Act 1979 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3(1) of the Principal Act is amended as follows:

(a) by omitting the definition of auxiliary brigade ;

(b) by inserting the following definition after the definition of group of brigades :

industry brigade means a fire brigade, other than a brigade established and maintained under this Act, formed for the purpose of fighting fires;

5.    Section 81C amended (Collection by local councils of contribution)

Section 81C of the Principal Act is amended as follows:

(a) by omitting from subsection (5) "for the financial year commencing on 1 July 2000";

(b) by omitting from subsection (5) "for that financial year";

(c) by omitting from subsection (6) "the financial year commencing on 1 July 2000 (for a rateable parcel of land in its municipal area) is the amount prescribed for the purposes of that subsection." and substituting "a financial year (for a rateable parcel of land in its municipal area) is the minimum fire service contribution within the meaning of section 79B .".

6.    Section 128 amended (Offences and penalties)

Section 128(1) of the Principal Act is amended by omitting paragraph (ba) and substituting the following paragraph:

(ba) except as may be provided by the General Fire Regulations, install, maintain or repair any fire protection equipment unless the person holds a permit issued in accordance with those regulations;

7.    Section 133 amended (General Fire Regulations)

Section 133 of the Principal Act is amended by inserting after subsection (1) the following subsection:

(1A)  The General Fire Regulations may prescribe or provide for any matters that they are authorised by this Act to prescribe or provide for.

8.   Substitutions

Each of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "auxiliary" on the number of occurrences specified in Column 2 of that Schedule and substituting "industry".

9.    Fire Service (Miscellaneous) Regulations 1996 amended

The Fire Service (Miscellaneous) Regulations 1996 are amended as follows:

(a) by omitting from regulation 5(1) "auxiliary" and substituting "industry";

(b) by omitting from regulation 5(2) "auxiliary" and substituting "industry";

(c) by omitting from regulation 6(1) "auxiliary" three times occurring and substituting "industry";

(d) by omitting from regulation 6(2) "auxiliary" and substituting "industry".

SCHEDULE 1 - Substitutions

Section 8

[Second reading presentation speech made in:

House of Assembly on 14 JUNE 2001

Legislative Council on 21 JUNE 2001]