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Fiee Brigades Act 1928

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Fiee Brigades Act 1928 FIRE BRIGADES. 533 FIEE BRIGADES ACT 1928. An Act to consolidate the Law relating to the Protection ]9GBORGE v. of Life and Property from Fire and for other No"36S2, purposes. [12th February, 1929.] E it enacted by the King's Most Excellent Majesty by and with ^„ Bnaades B the advice and consent of the Legislative Council and the Legis- Act 191B- lative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) :— 1. This Act may be cited as the Fire Brigades Act 1928, and short title and shall come into operation on a day to be fixed by proclamation of the oommenoement' Governor in Council published in the Government Gazette. 2. The Acts mentioned in the First Schedule to this Act to the Repeal, extent thereby expressed to be repealed are hereby repealed. Such First schedule, repeal shall not affect or limit the provisions of any unrepealed enactment relating to Metropolitan Fire Brigades Loans<a> or any liability under section fifty-one sub-section (3) of the Fire Brigades Act 1915 and such repeal shall not affect any proclamation order regulation registration or appointment made or any election held or any right acquired or any liability civil or criminal incurred or any • matter or thing done under the said repealed Acts or either of theni before the commencement of this Act. (a) Alt these enactments so far as they are Fire Brigades Board in addition to those author­ saved by this section deal merely with matters in ized by section 51. See Acts No. 2067, 3321, connexion with speoial loans to the Metropolitan 3430, and 3567. 534 FIRE BRIGADES ACT 1928. [19 GEO. V. Fire Brigades 3. In this Act unless inconsistent with the context or subject- Interpretation. matt6r "Board" includes the Metropolitan Fire Brigades Board and the Country Fire Brigades Board constituted by the Fire Brigades Act 1890 : "Brigade" includes all fire brigades, whether permanent or volunteer or municipal or insurance companies' or private or otherwise : "Chief Officer" means the chief officer of the Metropolitan Fire Brigades and the chief officer of the Country Fire Brigades : "Country Board" means the Country Fire Brigades Board constituted by the Fire Brigades Act 1890 : "Country District" includes every country fire district consti­ tuted by or under the said Act : "Insurance company" includes any person or persons incorporate or unincorporate carrying on the business of fire insurance or of granting for consideration indemnity in whole or in part against loss or damage by fire whether by itself or in conjunction with any contract other than that of insurance ; and shall include as well the company as its agent or agents :(0> "Metropolitan Board" means the Metropolitan Fire Brigades Board constituted by the Fire Brigades Act 1890 : "Metropolitan District" means the Metropolitan Fire District constituted by or under the said Act : "Municipal District" includes the city of Melbourne or city of Geelong : " Municipality " includes the corporation of the city of Melbourne or city of Geelong : "Owner" means the person for the time being receiving the rack rent of the premises in connexion with which the word is used either on his own account or as agent or trustee for some other person, or who would receive the same if the premises were let at a rack rent: "Permanent Fire Brigade" means any association formed for the purpose of extinguishing fire and consisting of persons whose whole time is devoted to duties connected with that object and who receive a fixed remuneration for their services : "Regulations" means any regulations made pursuant to the provisions of this Act or any corresponding previous enactment : (a) The definition of " insurance company" against fire while on land before shipment or after includes every person or company who or which discharge during transit from or to the shippers' carries on the business of fire insurance or who warehouses to or from the ship, or while or which carries on some business other than that lying temporarily in such warehouses, was an of fire insurance and, as an incident to contracts "insurance company" within the meaning of the made by it, for consideration indemnifies against section and was liable to contribute to the ex­ loss or damage by fire property on land. penses of the Fire Brigades Boards under section Held, that a marine insurance company which 42.—The Yorkshire fire and Life Insurance issued slips annexed to its policies by which it Company v. The British and Foreign Marina insured the goods the subject of those policies Insurance Company Limited, 3 C.L.H., 196. No. 3682.] FIRE BRIGADES ACT 1928. 535 "Volunteer Fire Brigade" means any association of persons Fire Bngaia formed for the purpose of extinguishing fires if the carrying out of the purpose of such association is not the sole or principal calling or the means of livelihood of such persons or a majority of them : "Year" means year ending the thirtieth day of June. Fire Districts. 4. (1) For the proper and efficient carrying out of the provisions Fire distriots. of this Act, there shall be a metropolitan fire district and nine country n.». 4. fire districts as set forth in the Second Schedule to this Act. second Schedule. (2) Each fire district shall consist of the municipal districts or townships set forth in such Schedule opposite to the name of such fire district. 5. (1) On the request of the council of any municipal district outside Enlargement of the metropolitan district or any country district, and on receiving a ^e^triots- certificate from the Metropolitan Board or the Country Board (as the case may be) that it is necessary or desirable so to do, the Governor in Council may at any time by proclamation in the Government Gazette declare that any such municipal district or any portion thereof shall be added to and form part of such fire district, and thereupon such municipal district or portion shall for the purposes of this Act be included in and become part of such fire district. (2) Whenever the Metropolitan Board or the Country Board Diminution ot certifies that it is necessary or desirable that any specified portion of the metropolitan district or of any country district (as the case may be) be excised therefrom, the Governor in Council may by proclamation in the Government Gazette declare that such portion shall be excised accordingly, and thereupon such specified portion shall for the purposes of this Act no longer be included in or be part of such metropolitan or country district. Fire Brigades Board and Local Committees. 6. (1) For the purpose of carrying out the provisions of this Act Fire Brigades there shall be a Board to be called the Metropolitan Fire Brigades ^"^: Board and a Board to be called the Country Fire Brigades Board constituted as hereinafter provided. (2) By such respective names each such Board shall be a body to be bodies corporate with perpetual succession, and shall adopt and use a common oorporate: seal, and shall be capable in law of suing and of being sued and of taking purchasing holding exchanging leasing and disposing of real and personal property. (3) In the metropolitan district the provisions of this Act shall be to enforoe Act. enforced by the Metropolitan Board. (4) In the country districts the provisions of this Act shall be enforced by the Country Board. (5) The present members of the Metropolitan Board and of the Country Board respectively shall for the respective terms for which they were appointed or elected be deemed to be the members thereof as if appointed or elected under this Act. 536 FIRE BRIGADES ACT 1928. [19 GEO. V. Fire Brigades 7. The Metropolitan Board shall consist of nine members— Act 1916 s. 7. Constitution of Three of such members shall be appointed by the Governor in Metropolitan Board. Council ; One member shall be elected by the council of the city of Mel­ bourne ; One member' shall be elected by the municipal councils of the cities of Brunswick Coburg Collingwood Essendon Fitzroy Footscray Northcote Preston Richmond and Williamstown, and the shires of Braybrook Broad- meadows Heidelberg Keilor and Werribee ; One member shall be elected by the municipal councils of the cities of Box Hill Brighton Camberwell Caulfield Hawthorn Kew Malvern Mordialloc Oakleigh Port Melbourne Prahran St. Kilda Sandringham and South Melbourne, the borough of Ringwood, and the shires of Blackburn and Mitcham, Doncaster and Templestowe, Lilydale, Moorabbin, and Mnlgrave; and Three members shall be elected by the insurance companies carrying on business and insuring property within Victoria. Constitution of 8. The Country Board shell consist of nine members— Country Board. lb. e. 8. Three of such members shall be appointed by the Governor in Council ; Two members shall be elected by the municipal councils of the municipalities, the municipal districts of which are within or partly within any country fire district; Two members shall be elected by the insurance companies carrying on business within such country fire districts; and Two members shall be elected by the brigades in the country districts. Local 9. In each country district the powers by this Act conferred on committees. local committees shall be exercised by a " local committee " under the lb. s. 9. supervision of the Country Board and subject to the regulations. Constitution of 10. The local committee for any country district shall consist of local commit­ tees. three members— lb. I. 10. One of such members shall be elected by the council or councils (as the case may be) of any municipal district or districts or portions thereof forming part of such fire district, and shall be the chairman of the committee ; One member shall be elected by the brigade or brigades in such district, or if there is no such brigade shall be appointed by the Governor in Council; and One member shall be elected by the insurance companies insuring property within such district.
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