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 The Acts mentioned in the First Schedule to this Act to the Repeal, extent thereby expressed to be repealed are hereby repealed.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 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held or any right acquired or any liability civil or criminal incurred or any • matter or thing done under the said repealed Acts or either of theni before the commencement of this Act.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. The present members of each local committee shall for the respective terms for which they were elected or appointed be deemed to be members thereof as if elected or appointed under this Act.
Voters in 11. In any country district no brigade therein shall be entitled to country dis tricts. vote at any election of members of the Country Board or of members lb. ». 11. of the local committee in such district unless such brigade is duly registered under this Act and is included in a roll, in force in such No. 3682.] FIRE BRIGADES ACT 1928. 537 district, of brigades entitled to vote therein at elections under this Act. Fire Brigadet No such roll shall be of any force or effect unless it is certified by the Act 1916- Country Board.
12. The Governor in Council may at any time if he thinks fit Governor in remove any member of the Metropolitan Board or of the Country Board Jj,™"™ may or of auv local committee. members. lb. 1.12. 13. All elections of members of the Boards and all elections of Elections to be members of local committees shall be conducted in all respects what- regulations &e. soever in such manner as is prescribed by the regulations, and every /»• «• is. such election shall be held at such times and under the direction of such returning officers as the Governor in Council from time to time appoints.
14. All members of either Board or of any local committee shall Tenure of e b crB ot t0 be appointed or elected for any term not exceeding two years, and ™ c™e d t w" subject to the provisions hereinafter contained shall hold office until >ears- the thirty-first day of December in the second year of the term for which Ib' *'ll' they are appointed or elected.
15. All elections under this Act for the Metropolitan Board the Periodical Country Board or any local committee other than extraordinary e^at™™' elections shall be held in the month of December. Notwithstanding that any person is a member of either Board or of any local committee he shall be eligible for re-election or re-appointment thereto, and every retiring member shall if not otherwise disqualified be entitled to act as a member during the progress of any election. 16. (1) Any vacancy in the office of a member of either Board or Extraordinary of any local committee, occasioned by death resignation removal or any ^"""j""' cause whatsoever other than retirement on the thirty-first day of December in the second year of the term for which he was appointed or elected, shall be filled up within one month after the occurrence of such vacancy or within such longer time as is prescribed by the regulations/o) (2) In the case of an appointed member such vacancy shall be filled up by the appointment by the Governor in Council of a new member. (3) In the case of an elected member, such vacancy shall be filled up by the election of a new member by the body or bodies by which the member whose place is to be filled was originally elected. (4) Such new member whether so appointed or elected shall hold office as long as the person in whose place he was appointed or elected would have held office had he continued in office and no longer.
17. If from any cause the body or bodies whose-duty it is to elect Failure to elect, a member of either Board or of any local committee fail neglect or n- «• "• refuse so to do at or within the time appointed or specified in that behalf in this Act or in the regulations or by the Governor in Council, then the Governor in Council may appoint any person whomsoever to be a member of such Board or local committee (as the case may be) in lieu of the member whom such body or bodies should have elected, and such person shall be deemed for all purposes to have been elected by such body or bodies and to have been duly qualified.
(a) The present regulations prescribe three months. See Government Gazette, 9th July, 1924, page 2289. 538 FIRE BRIGADES ACT 1928. [19 GEO. V.
Fire Brigadee 18. No person being an undischarged or uncertificated bankrupt fnsoivente not or msolvent shall be capable of being appointed or elected a member of to be or continue either Board or of any local committee, and no member who is declared emem ere. bankrupt or insolvent or who applies to take the benefit of any law for the relief of bankrupt or insolvent debtors or who compounds by deed or instrument in writing with his creditors or who stops payment in the common mercantile acceptation of the term shall be capable of continu ing a member thereof and the seat of such member shall thereupon become vacant.
How seat 19. (1) If at any time subsequent to the appointment or election vacated. lb. s. 19. of any member of either Board he accepts or continues to hold any office or place of profit under such Board or is concerned in any contract or participates in any manner in any work to be done or goods to be supplied under the authority of this Act or derives or is entitled to any benefit either directly or indirectly therefrom or if any member of either Board or any local committee is absent from four consecutive periodical meetings of such Board or local committee without leave obtained from such Board or local committee in that behalf, such person shall cease to be a member of such Board or local committee (as the case may be) and his office shall thereupon become vacant. Exception. (2) No person being a shareholder or member of any incorporated or joint stock company consisting of more than twenty persons shall be disqualified from acting as a member of either Board or any local committee by reason of any contract entered into between such company and such Board, nevertheless it shall not be lawful for any such share holder or member to act as a member of either Board or any local committee in any matter relating to any contract entered into between such company and such Board.
Acts of members 20. (1) No acts or proceedings of either Board or any committee not invalidated by vacancies; thereof or of any local committee shall be invalidated or be deemed lb. a. 20. illegal in consequence only of the number of the members of such Board or committee or local committee not being complete at the time of such act or proceeding. nor by (2) All acts and proceedings of such Board or committee or any irregularity in local committee shall, notwithstanding it is afterwards discovered that appointment or disqualification. there was some defect in the appointment or election of any person as a member thereof or that any member thereof was disqualified or not entitled to act or vote, be as valid as if every such person had been duly appointed or elected (as the case may be) and was qualified to be and to act and vote as a member of such Board or committee or local com mittee (as the case may be). Proceedings of Boards and Local Committees. Election of 21. Each Board shall annually at its first meeting after the president. lb. s. 21 thirty-first day of December elect one of its members as its president who shall hold office until the first meeting of the Board after the thirty-first day of December following the date of his election or until the election of his successor, and every retiring president shall be eligible for re-election. If from any cause there is a vacancy in the office of president before the date fixed for retirement by this section the Board shall forthwith elect one of its members to be president for No. 3682.] FIRE BRIGADES ACT 1928. '539 the remainder of the term. The present president of each Board shall Fire Brigades for the term for which he was elected be deemed to be the president as Act 1915' if elected under this Act.
22. (1) Meetings of each Board and local committee shall be held Meetings of not less than six times a year, and notice in writing of each meeting, committee's.0*1 except an adjourned meeting, shall be sent by post to each member at n. #. 22. least two clear days before the day of any such meeting.'0' (2) The president of each Board or chairman of a local committee President, shall preside at all meetings of the Board or local committee at which he is present ; but in his absence the members present shall elect a member to preside at such meeting. 23. (1) The president of either Board may at any time, and shall special upon receivin> -' g a requisitio•!.... n in writin. . g requirin. . g" hi- . m so t.o d. o signe. d- b. y mcctinr3meeting!- at least three members of such Board, and the chairman of any local lb. 8. 23. committee may, at any time convene a special meeting for any particular purpose. (2) Such special meeting shall be convened by giving seven clear days' notice in writing, sent through the post, of such meeting to each member, and such notice shall set forth the particular purpose for which such special meeting is convened.(o>
24. (1) Four members of either Board or two members of a local Quorum of committee present at any meeting shall form a quorum for the trans- co0mmtttee8°cal action of business, and no business shall be transacted at any meeting n.s. 24. at which there is not a quorum present. (2) All questions at any meeting shall be determined by a majority Majority ana of the votes of the members present, and in the case of an equalca3tingvote' division of votes the president or chairman (as the case may be) shall have a second or casting vote in addition to his ordinary or delibera tive vote. 25. No resolution of either Board or any local committee shall be Revocation of revoked at a subsequent meeting held within six mouths after the previous11 °'" passing of such resolution unless such meeting is specially convened meeting. for the purpose, and unless, in the case of either Board, such revocation /6, *•2o' is determined upon unanimously or by a majority consisting of a larger number of the members of such Board than the majority by which the resolution proposed to be revoked was passed, or, in the case of a local committee, by all the members thereof. 26. (1) Either Board may appoint a committee for any purpose committees ot which in the opinion of such Board would be better regulated and ^^ managed by means of such committee, and at any meeting may continue alter or discontinue such committee. (2) The acts of every committee of either Board shall be submitted submission, to the general body of such Board for approval or otherwise. e plac (3) Every committee so appointed may meet from time to time J,'™ e|'^g * and may adjourn from place to place as the members thereof think QUOrum. proper for carrying into effect the purposes of its appointment, but no business shall be transacted at any meeting of the committee unless three members thereof are present.
(a) See section 80. 540 FIRE BRIGADES ACT 1928. [19 GEO. V.
Fire Brigades 27. Entries of all proceedings of each Board committee or local Act 1916 a. 27. Minutes of committee with the names of the members who attend each meeting proceedings. shall be made in books to be provided and kept for that purpose under the direction of such Board committee or local committee, and shall be signed at the next or some subsequent meeting of such Board com mittee or local committee respectively by the president or chairman thereof. Beceived as Entries purporting to be so signed, and any minute made of pro evidence without proof of ceedings at a meeting and copies of any orders made or resolutions meeting Ac. passed at a meeting if purporting to be so signed by the president or the chairman (as the case may be) shall be received as evidence in all legal proceedings and by all judges justices and other persons having by law or by consent of parties authority to hear receive and examine evidence without proof of any meeting of the Board committee or local committee having been duly convened or held or of the presence at any such meeting of the persons named in any such entry as being present thereat or of such persons being members of the Board" committee or local committee or of the signature of the president or the chairman of such meeting or of the fact of his being president or chairman, all which matters shall be presumed until the contrary is proved.
General Powers and Duties of Boards and Local Committees. Power to 28. (1) Each Board may purchase take on lease or otherwise purchase property for acquire stations for engines stables houses for firemen and such other stations &c. buildings or land and all such engines escapes and other apparatus and lb. j. 28. plant and other property as such Board thinks requisite for carrying into effect the purposes of this Act, and may from time to time sell or exchange or let any property acquired by or vested in them for the purposes of this Act. Application of (2) All moneys resulting from the sale exchange or letting of any moneys arising from sale General duties 29. The duty of taking superintending and enforcing all necessary of Boards. steps for the extinguishment of fires and for the protection of life and lb. i. 29. property in case of fire, and the general control of all stations and of all fire brigades shall, subject to the provisions of this Act, so far as regards the metropolitan district be vested in the Metropolitan Board, and so far as regards the country districts be vested in the Country Board. Limit of 30. In this Act, unless the context otherwise requires, where authority of local powers or duties are conferred or imposed upon any local committee committees. such powers or duties may be exercised by any such local committee lb. t. SO. only within and for the fire district for which such local committee is constituted. Formation of 31. Each Board or any local committee by direction and subject brigades &c. lb. t. 81. to the approval of the Country Board may at any time and from time to time— (1) take measures to facilitate the formation of permanent or volunteer fire brigades ; and (2) amalgamate any five brigades, or disband or cancel the enrolment and registration of any fire brigade ; and No. 3682.] FIRE BRIGADES ACT 1928. 541 (3) acquire for the Board or dispose of plant including fire- Fire Brigades engines horses carts reels buckets hose ladders fire-escapes Act 1916, ladder-trucks hook-and-ladder carriages tools implements accoutrements and other property or furnish the same to fire brigades ; and (4) determine the number of permanent and volunteer fire brigades necessary for the protection of any district, and also the apparatus and appliances to be used by each brigade; and (5) establish schools of instruction and issue certificates of qualification in fire-extinction to members of fire brigades ; and (6) establish and maintain fire-alarms and other appliances for the prevention and extinction of fires ; and (7) establish or contract for the establishment of telephonic telegraphic or other communication between the several stations at which fire-engines or firemen are placed and between any such stations and any other places. 32. Each Board shall furnish a report to the Minister and to each Annual reports of its constituent bodies in the month of September in every year upon JJ"11^''"' all proceedings of such Board under this Act during the previous year, and a report generally upon all matters which -have come within the scope of such Board during such year, and such report shall be laid before both Houses of Parliament. Officers and Members of Brigades. 33. No election or appointment of the principal officer of any Approval of volunteer brigade shall have any force or effect until approved by ?5Un™e°r the Board or local committee of the district in which such brigade bri8ade- is established. /».». S3. 34. (1) Each Board shall from time to time appoint so many Appointment officers and members of every permanent fire brigade and by such £nd "members' of designations as seem fit, and each Board shall have the power ofPe[™°ent suspension and removal of all such officers and of all members of n.«. 34. any permanent fire brigade under such Board. (2) The officers and members of any permanent fire brigade under either Board shall be respectively paid such salaries and wages from the funds at the disposal of such Board as such Board from time to time directs or as are directed by regulations. (3) The provisions of this section shall not be exercised with regard to a permanent fire brigade in any country district except* on the recommendation of the local committee of such country district. 35. (1) There shall be officers to be called respectively the Chief chief officers. Officer of the Metropolitan Fire Brigades and the Chief Officer of the n.«. 36. Country Fire Brigades, who shall from time to time be appointed by the Metropolitan or Country Board (as the case may be) and shall be subject to suspension or removal by the appointing Board. (2) Subject to the general powers and authority of the Metropoli tan Board, every brigade and all officers and members thereof in the metropolitan district shall be under the immediate order and control of the Chief Officer of the Metropolitan Fire Brigades. 542 FIRE BRIGADES ACT 1928. [19 GEO. V. fire Brigade* (3) Subject to the general powers and authority of the Country Act 1915. Board, every brigade and all officers and members thereof in the country fire districts shall be under the immediate order and control of the Chief Officer of the Country Fire Brigades. Deputy Cuief 36. (1) The Metropolitan or Country Board (as the case may be) Officer and assistant Chief shall appoint a deputy Chief Officer, and such Board may at any time Officers. suspend or remove any such deputy. lb. a. 36. (2) In case at any time it seems expedient for the purposes of this Act to appoint one or more assistant Chief Officers to act at any fire at which the Chief Officer or deputy Chief Officer cannot attend either Board may either generally or specially appoint any assistant Chief Officers to act under such Board either for a limited time or for any one occasion only, and such Board may at any time suspend or remove such assistant Chief Officers. (3) Every deputy Chief Officer in the absence of the Chief Officer and every assistant (Jhief Officer in the absence of the Chief Officer and deputy Chief Officer shall unless otherwise directed by the Board or the regulations have the same powers authorities and liabilities as are con ferred or imposed by this Act or the regulations upon the Chief Officer. General duties 37. Within the metropolitan district the Chief Officer of the and powers of Chief Officer. Metropolitan Fire Brigades and within the country districts (with the lb. ». 37 approval of the Country Board) the Chief Officer of the Country Fire Brigades shall in addition to such other diities as the Board prescribes exercise the general duties and powers following (that is to say):— (1) He shall cause a book or other written record to be kept containing the names ages and occupations and several places of abode of all members of every fire brigade: (2) He shall summon once a month at the least, all or as many of the members of permanent brigades as may be required, for practice in order to render the members fit and efficient for service: (3) He shall from time to time inspect all brigades and report to the Board on their state of efficiency or otherwise, and make such recommendations as to him seem fit: (4) He shall at all times have the immediate charge and control of all fire-engines horses carts reels buckets hose ladders fire-escapes ladder-trucks hook-and-ladder carriages tools implements accoutrements and other property of the Board and shall keep the same in a fit state at all times . for efficient service: (5) He shall at all reasonable times have free access to any building or premises for the purpose of ascertaining and reporting on any infringement of the laws against storage of gunpowder dynamite or any other dangerous explosive or of kerosene or other inflammable material or matter or as to the storage of empty crates cases and other packages sawdust shavings hay and straw either in packages or loose: (6) He shall at all times have free access to all theatres and other buildings used or intended for purposes of public entertainment or of public concourse and to all buildings No. 3682.] FIRE BRIGADES ACT 1928. 543 or premises concerning which provision is made in this Fire Brigades Act or in the regulations in order to report to the Board ^c'1915- whether all laws and regulations against fire are being duly observed: (7) He shall attend the Board at all times when required to do so and shall make all such inquiries and reports as the Board directs : and (8) He shall on the morning of each day (with the exception of Sundays) send by post or otherwise to all the insurance companies within any district notice of all fires which have taken place within such district since the preceding return in such form as is agreed upon between the Board and the said companies or as is determined by regulation. This sub-section shall apply only to the metropolitan district. 38. For the purpose of extinguishing any fire, the Chief Officer of Duties and the Metropolitan Fire Brigades or any officer appointed generally or chTeVofflcer specially for the purpose by the Metropolitan Board and the Chiefio-at flres- Officer of the Country Fire Brigades or any officer of a country S(a^,e ^ brigade appointed generally or specially for the purpose by the ?S^ion„Act local committee of the district with the approval of the Country . Board shall perform the following duties and may exercise the follow ing powers (that is to say):— (1) He shall with all possible speed proceed upon the first alarm to the place where the fire is, and shall endeavour by all practicable means to extinguish the fire and save all property in jeopardy: (2) He shall have the control and direction of any brigade or brigades present at any fire and of any persons who voluntarily place their services at his disposal: (3) He shall have authority either alone or with others under his command to enter into and if necessary to force open any outer or inner doors of any house or premises which may be on fire or in the near neighbourhood of any fire for the purpose of taking any steps which he deems necessary for the extinguishment or for the prevention of the extension of a fire, and he may take or give directions for taking any hose engine or other apparatus required to be used at a fire into through or upon any house land or premises which he considers convenient for the purpose: (4) He may take any measures which appear to him necessary or expedient for the protection of life and property, and may cause any houses buildings or tenements to be entered taken possession of pulled down or otherwise destroyed for the purpose of extinguishing or preventing the spread of fire: (5) He may cause water to be shut off from any main or pipe in order to obtain a greater pressure and supply of water for the purpose of extinguishing any fire; and no person or body having the management of any water supply 544 FIRE BRIGADES ACT 1928. [19 GEO. V. Fin Brigades shall be liable to any penalty or claim by reason of any interruption in the supply of water occasioned by com pliance with the provisions of this section : (6) He may cause any street or thoroughfare in the vicinity of any fire to be closed for traffic during the continuance of any fire: (7) He may remove or order any member of any fire brigade or any member of the police force present at any fire to remove any perions who interfere by their presence or otherwise with the operations of the brigade, and generally may take any measures which appear expedient for the protection of life and property: (8) He may- at any time pull down or shore up any wall or building damaged by fire that may be or may be likely to become dangerous to life or property. Regulations. Power to make 39. The Governor in Council may as to the whole or any part of regulations. Victoria make regulations for all or any of the following purposes :— lb B. 39. (1) For regulating the business and proceedings at the meetings of the Boards and of committees appointed by them and of local committees : (2) For the examination appointment suspension and removal of officers and servants and for regulating the duties conduct and remuneration of such officers and servants : (3) For the establishment of permanent fire brigades and for the payment of salaries or wages to members thereof: (4) For the training of men belonging to any brigade : (5) For the payment of compensation in cases of accidents to members of brigades, or where death ensues therefrom to their wives and families, and for providing for the estab lishment of a pension or superannuation fund for members of a brigade contributing to such fund : (6) For paying gratuities in respect of voluntary or special services rendered in connexion with the extinction of fires or saving of life or property at fires or for special services rendered to any brigade whether by members of the brigade or by other persons : (7) For fixing allowances to be paid to volunteer fire brigades for special services at fires : (8) For permitting when occasion requires any portion of a brigade or any of its officers or men or engines escapes or other property to proceed or be taken beyond the limits of the metropolitan or any fire district for the purpose of attending fires : (9) For dividing the metropolitan district or any country district into sections or divisions and for establishing stations and companies or divisions of brigades : No. 3682.]. FIRE BRIGADES ACT 1928. 545 (10) For ensuring discipline and good conduct amongst members fin Brigade of brigades, and. for ensuring their speedy attendance c'1916- with engines fire-escapes and all necessary apparatus and implements on the occasion of any alarm of fire, and generally for the maintenance of brigades in a due state of efficiency : (11) For the enrolment and registration of all permanent fire brigades volunteer brigades municipal brigades insurance companies' brigades private brigades or brigades estab lished or formed under any other description 'whatever, and also for prescribing the various engines apparatus and appliances for the extinguishment of fire and the saving of life at fires to be kept and maintained by all such brigades: v'12) For prescribing the various apparatus and appliances for saving life at fires to be kept and maintained at hotels inns coffee houses or coffee palaces houses of entertain ment factories warehouses stores offices and banks theatres opera-houses concert-rooms music or assembly halls skating-rinks or other places of public amusement : (13) For regulating and controlling the carriage of members of brigades and their engines apparatus and appliances to and from fire brigade demonstrations and competitions, and for the regulation of all five brigade demonstrations and competitions : (14) For establishing a salvage force : (15) For regulating the charges to be made for use of plant and services of salvage force after extinction of fires : (16) For prescribing the uniforms to be worn by the various grades and classes of firemen when on duty : (17) For regulating the storage of empty crates cases and other packages sawdust shavings hay and straw either in packages or loose : (18) For regulating the extension of any of the provisions of this Act to country districts, and for determining the boundaries of country districts : (19) For regulating the conduct of all elections the preparation of rolls of brigades entitled to vote thereat the mode in which nominations shall be made and polls taken thereat the form of voting papers the mode in which brigades shall vote and generally all matters whatsoever necessary for the proper carrying out thereof : (20) For defining the powers and duties of local committees and the furnishing of the Boards with reports and returns by such local committees both periodically and when required by the Boards : (21) For managing and regulating the distribution of all revenue received under the provisions of this Act: (22) For registering insurance companies their agents or repre sentatives : (23) For altering any date prescribed by this Act for the doing or performance of any duty to any other date : VOL. n.—35 546 FIRE BRIGADES ACT 1928. [19 GEO. V. Fire Brigades (24) For imposing penalties for breaches of regulations, the Act 1916- maximum penalty in any case not to be fixed at a greater sum than Five pounds : (25) For providing for and fixing the voting powers of insurance companies in connexion with the election of members of the Boards: (26) And generally for the purposes of carrying into effect the objects of this Act. Conditions of 40. (1) All regulations when made by the Governor in Council validity. and published in the Government Gazette shall be valid in law as if the lb. 8. 40. same were enacted in this Act. Submission to (2) All regulations as to the metropolitan district shall be pre Minister. pared by the Metropolitan Board, and submitted to the Minister for approval prior to being made by the Governor in Council ; and all regulations as to any country district shall be prepared by the Country Board, and submitted to the Minister for approval prior to being made by the Governor in Council. To be laid before (3) All regulations shall within one month after the making parliament. thereof be laid before both Houses of Parliament if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament. Annual estimate 41. Before the thirtieth day of June in every year each Board of expenditure. shall prepare a separate estimate of the probable expenditure which lb. s. 41. Fire Brigades may be necessary to be incurred in the execution of this Act witliin Act 1923 9. 7. the metropolitan district and each country district during the next succeeding financial year between the first day of July and the thirtietli day of June and such estimate shall include the amount of interest payable on debentures issued in accordance with the powers contained in this Act or any corresponding previous enactment or in any of the Acts mentioned in section two of this Act together with such amount as is prescribed or as may be found necessary by either Board for forming a sinking fund to redeem such debentures Investment of at their maturity; such sinking fund shall be invested in Government sinking fund. securities under the control of the Minister or in the purchase of the debentures so issued ; but no estimate shall exceed in any one year such limit as from time to time is fixed by the Minister nor have any force or effect until approved by the Governor in Council except in so far as relates to such sinking fund and to the interest payable on the debentures issued by the Board. Contribution 42. (1) Towards the annual expenditure so estimated of the towards expenditure. metropolitan district and every country district a sum equal to the Fire Brigades whole of such estimated expenditure in each such district shall be Act 1915 i. 42. contributed annually in equal portions and be paid to the Metropolitan Board or Country Board (as the case may be) by— {a) The Treasurer of Victoria out of the Consolidated Revenue which is hereby appropriated for that purpose accord ingly ; (6) The municipalities whose districts are within or partly within the metropolitan or any country district (as the case may be) out of the city town or municipal fund of such municipalities respectively ; and u No. 3682.] FIRE BRIGADES ACT 1928. 547 0 (c) The insurance companies* ' insuring from fire property Fire Brigadia situated within the metropolitan or any country district Sct 1916' (as the case may be). For the purposes of this Act, every such company shall include as well the company itself as its agent or agents. (2) The Treasurer of Victoria shall contribute one-third of the amount of such annual estimated expenditure, the said municipalities one-third thereof, and the said insurance companies one-third thereof. (3) The amounts to be so contributed shall in all cases be paid by equal quarterly payments on the first day of July the first day of October the first day of January and the first day of April respectively in each year. 43. As to the annual contribution payable by the municipalities Municipal whose districts are within or partly within the metropolitan or- any how'" utl0"8 country district, the following provisions shall apply, viz. :— ascertained. (1) The amount of the proportion of such contribution to be paid by each such municipality to the Metropolitan Board or Country Board shall be a pro rata proportion of such contribution calculated upon the rateable value(6) of the property in such municipal district or such portion thereof as is within the metropolitan district or any country district (as the case may be) as shown by the latest municipal assessment thereof: (2) The amount of the contribution payable by each munici pality shall be absolutely determined by the Metropolitan Board or Country Board (as the case may be) and shall be so fixed as to produce upon the aggregate of such contributions the whole amount of the contributions to be provided by the said municipalities : (3) Every municipality and every officer thereof shall when so requested by either Board furnish such Board with any documents papers or information relating to such muni cipality necessary in order to enable such Board to determine the amount of such contribution. 44. The amount of any contribution payable under this Act by Municipal any municipality to which this Act applies may be raised if necessary underrThis°nAct (and notwithstanding any statutory limit of such rates) by the council JJ^™1 part thereof increasing the annual town or general rate by such a sum in n.,. u. (a) The mere fact that a marine policy insures .District, the company issuing such slips is liable against the risk of fire the hulls of ships while to contribute to the Fire Brigades Board of that moored to wharves in the Port of Melbourne district in respect of so much of the gross pre- and goods and merchandise therein does not miums received by it, being in respect of the render a company issuing such a policy liable to property in question, as is proportional to the contribute under this section. extent of the land risk while the property is Where the premiums for marine policies cover within the district of that Roard, as compared also the fire risks on land by reason of slips with the extent of the marine risk together with annexed to its policies by a marine insurance any other risk covered by the slips, regard being company by which it insured the goods the sub- had to the average premiums asked by fire ject of those policies against fire while on land insurance companies undertaking fire risks only before shipment or after discharge during transit for similar protection.—The Yorkshire Fire and from or to the shippers' warehouses to or from Life Insurance Company v. The British and the ship or while lying temporarily in such Foreign Marine Insurance Company Limited, 3 warehouses, and the goods the subject of the C. L.R. 196, and see note to section 3. policies are, for a short period during the (6) See Local Government Act 1928, sections 252 currency of such fire lisks, in a Fire Brigades (2) and 331 (c). 548 FIRE BRIGADES ACT 1928. [19 GEO. V. .Fire Brigades the pound as will be sufficient to provide the amount thereof, and such Act 1915. increased rate shall for all purposes be deemed to be and be recoverable as town or general rates (as the case may be). Returns by 45. (1) For the purpose of ascertaining the sum of money or con insurance companies. tribution to be paid by each insurance company every such company It. i. 46. shall annually before the twenty-eighth day of February or at such other time as the Boards from time to time respectively direct trans mit to the Boards a return showing the total amount of the premiums received by or due to such company during the calendar year preceding the return in respect of the amounts held at risk by such company during the whole or any part of that year. (2) Such premiums shall be the gross premiums received by or due to such company in respect of all property situate within the metropolitan district or any country district (as the case may be) insured from fire by such company and shall be reckoned so as to include any commission or discount, but to exclude any portion of such gross premiums actually paid away by way of re-insurance effected in Victoria with any other company contributing under this Act. (3) To every such return there shall be annexed a statutory decla ration by the manager secretary or agent or other officer performing the duties of manager secretary or agent of such company that according to the books thereof and to the best of his knowledge ana belief the said return contains a true account and statement of the amount of such premiums. (4) If any such company makes default in transmitting such return and declaration, or furnishes an incorrect or incomplete return, such company shall be liable to a penalty of not less than Five pounds for every day during which it is so in default. Amount of 46. (1) The contribution of the whole of the insurance com contribution by individual panies shall be made by eacli of the said insurance companies insurance companies how providing annually by quarterly payments such a sum of money as to be amounts to the pro ratd proportion of such contribution calculated ascertained. upon the amount of the premiums received by or due to such company lb.». 46. during the past calendar year in respect of risks held by such company on property situate within the metropolitan district or any country district as appears by the return hereinbefore provided for. (2) Such sums of money shall be absolutely determined by the Metropolitan Board or Country Board (as the case may be) and shall be so fixed at such amounts as shall produce upon the aggregate of such sums of money payable for each such district by all the said insur ance companies the total amount of the contribution to be provided by the whole of the insurance companies for the year. Insurance 47. (1) The manager secretary agent or other officer having the company to ermit books to custody of the books and papers of any insurance company shall allow ge inspected. any officer appointed by either Board to inspect during the hours of It. s. 47. business any books and papers of such company and to make extracts therefrom in order to verify any return or declaration made in pursuance of this Act. (2) Every such manager secretary agent or other officer as aforesaid who fails to comply with the recmiremeuts of this section shall be guilty of an offence against this Act. No. 3682.] FIRE BRIGADES ACT 1928. 549 48. If any municipality or if any insurance company liable to Fin Brigade* contribute under this Act fails to pay any quarterly payment prescribed p^"1/ *"i8' by this Act within fourteen days after it has become due, such munici- contribution for pality or insurance company (as the case may be) shall be liable to a payment penalty of not less than Twenty nor more than Fifty pounds, and also to 0| oontribu«on- a further penalty of Ten pounds for every day during which such failure to pay continues. 49. (1) In the event of any fire brigade attending afire in which Recovery of there is interested any insurance company which has failed or omitted Insurance to make any quarterly payment nnder this Act withm the prescribed interested bas time, it shall be lawful for the Metropolitan Board or Country Board (as oontoibCuoif the case may be) to levy such charges for such attendance as are/&.,. 49. deemed adequate by the Board. (2) Such charges may be recovered from the owner or occupier of such property in any court of competent jurisdiction and shall be deemed to be damage by fire within the meaning of any policy of insurance against fire covering the said property notwithstanding any clause or condition to the contrary in any such policy ; and every such occupier unless he is under contract or agreement with the owner thereof to insure such property shall be entitled to deduct all charges so paid by him and all costs and expenses incurred by him in relation thereto from any rent then due or thereafter accruing due to such owner or to recover the same from such owner in any court of competent jurisdiction. (3) Unless otherwise prescribed by regulations such charges shall not exceed the charges set forth in the Third Schedule to this Act. Third schedule. 50. If in any year the amount received by either Board for the supply of deficit metropolitan district or any country district from contributions under appropriation of y u r PlUS this Act shall fall short of the expenditure based upon the estimate for ^ / 6 o the year then the deficit shall be added to the estimate of expenditure for the ensuing year and the rate of contributions increased proportion ately ; but if the amount received by either Board for any district in any year from contributions under the Act shall exceed the expendi ture based upon the estimate for the year then the excess shall be treated as a credit in favour of the estimated income of the ensuing year, and the rate of contribution for the said ensuing year reduced proportionately. 51. (1) Either Board with the consent of the Governor in Council Board may may from time to time borrow such moneys as such Board deems bon^m°neJ'8- necessary in order to enable such Board to carry out and perform the powers authorities and duties vested in or conferred or imposed upon such Board by this Act, and shall have power with the like consent to issue debentures under the seal of the Board for the amount so bor rowed together with interest thereon at a rate not exceeding six per centum per annum. (2) The amount so borrowed by either Board shall not at any time Each Board may exceed One hundred thousand pounds exclusive in the case of the Metro- b0rr07'£l00-000- politan Board of the amounts which such Board was authorized to borrow under any unrepealed enactment relating to Metropolitan Fire Brigades Loans(o) or under section fifty-one sub-section (3) of the (a) See note to seotion 2. 550 FIRE BRIGADES ACT 1928. [19 GEO. V. Fire Brigades Fire Brigades Act 1915 and with interest thereon shall be a first charge Act 1915. upon all the property and revenue whether accrued or to accrue of the borrowing Board, and the Governor in Council may make regulations prescribing the form of such debentures and the term for which they may be issued and the mode in which a'sinkiug fund may be formed for the purpose of paying off such debentures, and the amount or rate of the periodical or other payments to be made into such sinking fund. Power of 52. If either Board at any time makes default in paying auy Minister in case of default of principal money or interest secured by any debenture or in forming a either Board. sinking fund, the Minister if so authorized by the Governor in Council lb. t. 62. shall be entitled to receive from the Treasurer of Victoria, and to receive and recover from the municipalities and the insurance companies respectively either the whole of the annual contributions which would otherwise have been payable to such Board or such part thereof as the Governor in Council determines to be necessary for the purposes of paying any principal money or interest in arrear or making payments into such sinking fund, and shall apply to such purposes the moneys so received. This section shall not be deemed to take away any right of action or procedure which any debenture holder at any time has in respect of the property and revenue of either Board. Audit of 53. (1) The accounts of all moneys received and disbursed by accounts. either Board shall be audited once at least in every year by the Auditor- lb. t. 63. General, who shall have iu respect to such accounts all the powers conferred on him by any law now or hereafter to be in force relating to the audit of the public accounts. (2) Each Board shall once at least in every year furnish to the Governor in Council a true copy of the accounts so audited as aforesaid, together with a particular statement of all moneys received and of the expenditure thereof by such Board or local committee. (3) Copies of such accounts and of such statement shall within one month after the making thereof be laid before both Houses of Parliament if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament. General Provisions. Brigades to be 54. All brigades shall conform to the laws affecting such brigades registered &c. and shall be registered in such manner and subject to such conditions lb. s. 64. as are prescribed by the regulations, and shall be subject to inspection by any officer of the Metropolitan Board or Country Board or local committee (as the case may be). Certain 55. In the month of January in each year all brigades and all associations to supply certain Fire Brigades Associations shall respectively lodge in the office of the information to Minister (or if the Governor in Council so direct in the office of eitlier Minister. lb. «. 66. Board) a copy of their rules or articles of association and a list of their members and executive officers, and from time to time the said brigades and associations shall supply to the Minister or the Boards such other information as the Minister or the Boards may respectively require. Xo. 3682.] FIRE BRIGADES ACT 1928. 551 56. Any damage to property caused by the Chief Officer or the Fire Brigades deputy or assistant Chief Officer or by any member of any brigade or ^ct 1916 *•66- by any brigade in the lawful execution of any power conferred by this beTfSitnpoHoy. Act shall be deemed to be damage by fire within the meaning of any policy of insurance against fire covering the property so damaged notwithstanding any clause or condition to the contrary in any such policy. 57. (1) Either Board may if it thinks fit establish and maintain Establishment a force of men charged with the duty of attending at fires and saving of mi,a«e ,orM- property and it shall be the duty of every brigade with the sanction of the Board or local committee (as the case may be) and subject to regulations to afford the necessary assistance to that force in the performance of their duties and upon the application of any officer of that force to hand over to their custody property that is 'saved from fire. (2) No charge shall be made by either Board or any local committee for the services thus rendered during the progress of a fire. 58. In order to avoid noise and the consequent confusion, Telephonic telephonic communication wherever available shall be used to give to™™^S£i*tlon alarm of fire and to summon firemen. n. s. 58. 59. Upon the Chief Officer certifying that efficient and valuable Rewards to service has been rendered- -b y any brigad-.. e or b_ y any membe.r. thereof„ atbrlgadebrigadess. any fire the Metropolitan Board or Country Board (as the case may lb. s. 59. be) may in its discretion pay to such brigade by way of bonus or by way of subsidy for such time as such Board may think desirable such sum as such Board may by resolution determine, and may likewise reward any individual member of any brigade. 60. (1) Any person who is not a member of a duly registered fire Removal of brigade or who is not acting under the control or direction of any Kibers of officer of a brigade may be ordered by any officer of fire brigades or by wS^o"™ any member of the police force to withdraw from any premises then burning burning or which are threatened by fire, and thereupon .such person J™™1^' shall withdraw from such premises. (2) If such person neglects or refuses to so withdraw he may be forcibly removed by order of any such officer. (3) Nothing herein contained shall authorize the removal from any such premises of any person having any pecuniary interest therein or in any goods or valuables whatsoever thereon. 61. Each Board its officers and servants any local committee its As to rights to officers and servants and any brigade registered under this Act shall extinguishing have the use of all water mains water plugs valves pipes vested in or ^£"^1°' belonging to the Board of Land and Works or any public or municipal j4. s. 6i. corporation or local body whatsoever and of all water therein or in any well or tank free of charge for the purpose of extinguishing any fire or for the purpose of drills competitions and practice conducted under the authority of either Board or any local committee. 62. (1) Subject to regulations either Board or any local committee Penalty for may grant an authority in writing or in print to any person to collect contributions contributions or subscriptions for the purposes of any brigade and may ^o^^68 at any time call in or cancel such authority. authority. lb. s. 62. 552 FIRE BRIGADES ACT 1928. [19 GEO. V. Fire Brigades (2) Every person not duly authorized in that behalf by either Act 1916. Board or by any local committee who solicits contributions or subscriptions for the purpose of any brigade shall on conviction thereof be guilty of an offence against this Act. Police to aid 63. (1) Every officer of the police force present ot any fire shall fire brigades. lb. 8. 03. support and assist the Chief Officer or any officer in charge of a brigade in the maintenance of his authority and in enforcing due obedience by all persons to his orders in the execution of his duty. (2) All members of the police force are hereby authorized and enjoined to aid fire brigades in the execution of their duties. They may close any street in or near which a fire is burning, and they may of their own motion or on the request of the Chief Officer or officer in charge of a brigade remove any persous who interfere by their presence or otherwise with the operations of the said brigade. Permission for 64. No fire brigade demonstration shall be held unless the per fire brigade demonstrations. mission of the Metropolitan or Country Board be first obtained and Jb. B. 6i. published in the Government Gazette. Hotels theatres 65. (1) The owner or occupier of every hotel inn coffee house or &e. to keep life- saving appara coffee palace or house of entertainment whatever and of every factory tus &c. Jb. t. 65. warehouse store office or bank exceeding two stories in height, and of any other building specified by either Board, and the owner or occupier or the manager trustees or other persons by whose authority any theatre opera-house concert-room music or assembly hall skating-rink or other place of public amusement is kept open shall provide and keep in a fit state for use all such appliances and apparatus for the saving of life in the event of fire as shall be required by any regulation. (2) Non-compliance at any time with this provision shall render the said owner or occupier manager trustees and other persons liable to a penalty of not more than Twenty pounds and to a further penalty of not more than Five pounds for each day during which he or they shall neglect to provide and maintain the prescribed appliances and apparatus after he or they have received a written notice from the Chiet Officer of the district of the absence of such appliances and apparatus. (3) In the case of an hotel or inn in addition to the pecuniary penalties incurred if the licensed victualler neglects to supply such appliances and apparatus for the period of seven days after receiving such notice the licensing court may direct the licensed premises to be closed until such appliances and apparatus have been supplied to the satisfaction of the Chief Officer of the district. Regulation of 66. (1) In the interests of fire prevention the council of every city height of build ings. town or borough may pursuant to the provisions of any Act for the time lb. s. 66. being in force relating to local government and with the approval of the Governor in Council make alter or repeal by-laws for the purpose of regulating or limiting the height of all buildings to be erected in such city town or borough or in any part thereof specified in such by-law and for providing means of escape from every such building in case of fire. (2) Every person who constructs any building contrary to any such by-law and suffers the height of the same to remain contrary to such by law after twenty-eight days' notice in writing from the council to reduce the height of such building to the height limited in the by-law shall on conviction be liable to a penalty of not more than Ten pounds for N"o. 3G82.1 FIRE BRIGADES ACT 192S.. 553 every day after the expiration of such notice during which such build- Fire Brigades ing continues to be above the height so limited. Act 1915' 67. Each Board shall from time to time furnish the Commission Board to furnish of Public Health with information and recommendations as to the co'nm^ionrf requirements for the protection from fire of hospitals asylums theatres Public Health, opera-houses concert-rooms music or assembly halls skating-rinks '"'6' churches chapels or any building structure or other place in which numbers of persons are occasionally assembled. 68. (1) The owner of any uninsured house or building and the Payment of ex- owner of any uninsured personal property which is therein at the time housl3andere of a fire therein or thereof shall (subject to the limitation in the next v™£dVty un'"' sub-section) be liable to pay to the Metropolitan Board or Country/*. s. 68. Board (as the case may be) the expenses and charges incurred by any brigade under the control of either Board in attending such fire men tioned, in the Third Schedule to this Act or such expenses and charges Third schedule. as are determined by regulation, and in default such expenses and charges may be recovered by action or in a summary way before a court of petty sessions. (2) The expenses and charges payable by any owner pursuant to this section shall in no case exceed one-fifth of the actual value of the house building or property saved from destruction or damage by such fire, and such expenses and charges shall be rateably apportioned between the owner of the uninsured house or building and the owner of the uninsured personal property according to the respective values of the house or building and the personal property and the amount of the damage caused by the fire. (3) If any dispute arises between the parties liable to pay the expenses and charges payable under this section as to the proportion of such expenses and charges payable by each or any of them the Metro politan Board or Country Board (as the case may be) may determine the amount payable by each such person, and such determination shall be intimated to the parties interested by writing under the seal of such Board and shall be final and binding upon all the parties concerned. (4) In any action or proceeding to recover moneys payable under this section it shall be sufficient to allege that the Metropolitan Board or Country Board has made a determination fixing the amount payable by the defendant, and the onus of proving the contrary shall be on the defendant. (5) In the event of a fire occurring in an uninsured house or build ing wherein is personal property which is insured the whole of the expenses and charges payable under this section shall be borne and paid by the owner of such uninsured house or building. (6) The owner of any uninsured personal property not in any house or building at the time of a fire of such personal property shall (subject to the limitation in sub-section (2) of this section) be liable if such fire originated in such personal property to pay to the Metropolitan Board or Country Board (as the case may be) the expenses incurred by the fire brigades in attending such fire and the charges mentioned in the Third Third schedule. Schedule to this Act, and in default such expenses and charges may be recovered by action or in a summary way before a court of petty sessions. 554 FIRE BRIGADES ACT 1928. ["19 GEO. V. Fire Brigades (7) The Government of Victoria shall not under any circumstances Act wis. ke ijabjg £0 pay tjje expeDSes au Power of agents 70. Any agent may deduct from any moneys held by him for his to deduct pay ments made for principal all charges costs or expenses necessarily or properly incurred owners. and paid by him under this Act as owner of any houses lands or lb. s. 70. premises for which he is the agent of such principal or he may in any court of competent jurisdiction recover from such principal the amount incurred and paid. Power of 71. Any trustee being owner of any houses lands or premises may trustees. apply any of the funds under his control in defraying any charges costs lb. 8. 71. or expenses necessarily or properly incurred by him under this Act as such owner. Owner to give 72. (1) The owner of a house or building where a fire occurs shall information as to insurance. on being requested so to do by any member of either Board or by the lb. t. 72. Chief Officer or any other officer of either Board inform such member or officer whether such house or building is insured or not, and at the like request shall furnish such member or officer with full particulars of the insurance (if any) thereon including the name of the company with which the insurance is effected and the amount of such insurance. (2) The owner of any personal property which is in auy house or building or on any premises where a fire occurs or which is destroyed or damaged by fire shall at the like request give the like information and furnish the like particulars as are required to be given with respect to a house or building as hereinbefore provided. (3) Every person who refuses or fails forthwith to comply with auy such request as aforesaid or who wilfully gives any false information or who wilfully gives any incorrect particulars with regard to such insurance as aforesaid shall be liable to a penalty of not more than Twenty pounds. DtbrU of fire 73. Either Board or the Chief Officer thereof may cause the debris ma}'be searched lb. s. 73. ' and also any building or premises where any fire has occurred and every part of such building to be searciied, and may remove and keep possession of any materials which may tend to prove the origin of such fire. Boards may hold 74. (1) Either Board may make such inquiry as it deems expedient mquesteaato concerning the cause and origin of any fire whereby any house building ib. 8.74. or personal property may have been destroyed or damaged. JSTO. 3682.] FIRE BRIGADES ACT 1928. 555 (2) The provisions of sections fourteen fifteen and sixteen of the FireBrtgadu Evidence Act 1928 shall apply as if re-enacted in this Act with the ^1915' substitution of words referring to either Board for the words " any board appointed by the Governor in Council " and of the words " the president or chairman" for the words " the chairman." Any person who wilfully and corruptly makes upon oath any false statement to either Board shall be liable to the penalities of perjury. (3) Such inquiry shall not be deemed to be in substitution for any inquiry made by any coroner or deputy coroner or justices pursuant to any law in force. 75. All contributions whether from any municipality or any Actions tor insurance company shall be recoverable by action either in the Supreme contributions. Court or any county court whatever the amount sought to be n. i. is. recovered. Uninco tc 76. W here an insurance company is not incorporated or has no nT°™ ? public officer the proceedings whether for any contribution or any 8uedP?n5tneiay penalty may be taken against the company in the name of the firm or U^ger &n of the manager secretary or agent of such insurance company in which n.«. 76. case judgment against such firm manager secretary or agent shall bind the property of such insurance company. 77. All orders directions notices and documents whatever pur- Documents porting to be issued or written by or under the direction of either president to be Board and purporting to be signed by the president of the said Board ev,denoe- shall be received as evidence in all courts of law, and shall be deemed to be issued or written by or under the direction of the said Board with out further proof unless the contrary is shown. 78. Every brigade and every person disobeying or failing to Penalty tor e comply with any provision of this Act shall be guilty of an offence j6 °°78. against this Act, and if no penalty is specially provided therefor shall be liable to a penalty of not more than Ten pounds and to a further penalty of not more than One pound for each day such offence is continued after any conviction therefor. 79. (1) Any penalty incurred or made payable under or pursuant Recovery and to this Act or under any regulation made under this Act may be penames0" ° recovered by any officer of either Board or by any person authorized in n.». 79. that behalf by either Board. (2) All penalties recovered under this Act for offences committed within the metropolitan district shall be paid to the Metropolitan Board, and for offences committed within any country fire district to the Country Board. 80. The Metropolitan Board shall at the time provided by section Board to twenty-two or twenty-three (as the case may be) for the giving of Treasurer &c. notice of its meetings forward to the Treasurer of Victoria and to each bu^ness'papere insurance company and municipal council represented on the Board a *esofutiiJrridered copy of the business papers to be considered at.such meetings, and in adopted and July annually before the same is approved a copy of the Board's receipts and estimates and statements of its receipts and expenditure, and also shall expenditure, within a reasonable time after the holding of each meeting forward to the said Treasurer and to each of the said insurance companies and councils a copy of all resolutions adopted at such meeting or an 556 FIRE BRIGADES ACT 1928. [19 GEO. V. Fire Brigades epitome thereof, but the failure to give any such copy hereinbefore Act i9i6. mentioned shall not invalidate in any way any business transacted by such Board. SCHEDULES. Section 2. FIRST SCHEDULE. Number of Act. Title of Act. Extent of Repeal. 2653 ... Fire Brigades AH 1915 The whole. 3321 ... Fire Brigades Act 1923 Section 7.(o> Section i. SECOND SCHEDULE. (For the purposes of this Schedule " township" means any township or town which has been proclaimed as such, and the boundaries of which have been defined pursuant to the provisions of any Act relating to Crown lands.) Municipal Districts or Townships included in Name of Fire District. Fire Districts. The cities of Melbourne, Box Hill, Brighton, Brunswick, Camberwell, Caulfield, Coburg, Collingwood, Essendon, Fitzroy, Footscray, Hawthorn, Kew, Malvern, Mordialloc, Noithcote, Oakleigh, Port Melbourne, Prahrnn. Pieston, Richmond, St. Kilda, Sandringham, South Melbourne, and Williainstown The to writ-hip of Croydon, in the shire of Lilydale. Metropolitan Fire District The borough of Ringwood. The shire of Blackburn and Mitcham, and so much of each of the several shires of Bray- brook, Broadmeadows, Doncaster and Templestowe, Heidelberg, Keilor, Moor- abbin, Mulgrave, and Werrihee, or of any municipal district at any time hereafter constituted as is within a distance of ten miles from the General Post Office, Mel bourne. Country Fire Districts— The city of Ballarat. The boroughs of Clunes, Creswick, Daylesford, and Sebastopol. The townships of Buninyong, Smythesdale, Linton, Allandale, Kingston (area comprised within a radius of one mile from the Shire Hall), Ballan, Bacchus Marsh, and Wen- (1) Central Fire District douree (within boundaries of Norman-road, Creswick-road, Gillies-road, and Gregory- street), and that portion of Ballarat North, in the Shire of Bungaree, bounded on the north by Norman-ttreet, on the east by Sherard street, on the south by Gregory- itreet, and on the west by Creswick-road. (The boroughs of Castlemaine and Maryborough. I The townships of Carisbrook, Talbot, Avoca, (2) South Central Fire District { Kyneton, Maldon, Taradalo, Bowenvale, I U oodend, Campbell's Creek, Sunbury, and ^ Yrentham. (a) The remainder of this Act relates to matters connected with a special loan to the Metropolitan Fite Brigades Board. No. 3682.] FIRE BRIGADES ACT 1928. 557 SECOND SCHEDULE—continued. Municipal Districts or Townships included in Name of Fire District. Fire Districts. ("I'he town of Mildura (boundaries of Urban Trust). I The boroughs of Inglewood and St. Arnaud. J The townships of Dunolly, Tarnagulla, (Jharlton, (3) North Central Fire District . Donald, Korong Vale, Wedderburn, Wyche- proof, Boort, Pyramid Hill, Sea Lake, Bir- chip, Ouyen, Watchem, Merbein, and L Kedcliffs. The city of Bendigo. The boroughs of Eaglehawk and Echuca. The townships of Kangaroo Flat, Kerang (includ ing that portion known as Cullen Park), (4) Northern Fire District j Rochester, Swan Hill, Elmore, and Cohuna, Nyah West, and that portion of Rochester I West within the boundaries of Hotham- [_ street, Doherty-road, and MoKenzie-street. The boroughs of Wangaratta and Shepparton. The townships of Rutherglen, Beechworth, Benalla, Bright, Chiltern, Euroa, Kilmore, Kyabram, Mooroopna, Murchison, Numiir- (5) North-Eastern Fire District kah, Rushworth, heymour, Tatura, Tunga- mah, Wodonga, Yarrawonga, Mansfield, Nathalia, Yea, Heathcote, Cobram, Nagam- bie, Violet Town, Tallangatta, Alexandra, St. James, and Yackandandah. ! The borough of Horsham. The townships of Dimboola, Murtoa, Natimuk, (6) North-Western Fire District Nhill, Warracknabeal, Rupanyup, Minyip, Rainbow, Hopetoun, Jeparit, Beulah, Woo- melang, and Kaniva. f The town of Hamilton. (7) Western Fire District I The boroughs of Ararat and Stawell, \ The townships of Beaufort, Casterton, Willaiira (. and Coleraine. The cities of Geelong and Warrnambool. The towns of Geelong West and Newtown and Chilwell. The boroughs of Koroit and Queenscliff. The townships of Colac, Camperdown, Terang, Belmont. Mortlake, and Werribee. (8) Southern Fire District That portion of the town of Port Fairy comprised within Regent, College, and Campbell streets and the River Moyne. That portion of North Geelong within the Shire of Corio, bounded by Victoria, Oxford, Roseneath, and Edols streets, Cowie's Creek, and Corio Bay. The town of Sale. The borough of Wonthaggi (portion of town comprised within boundaries of Cameron- street, Reed-crescent, and Bent-street, and also that portion bounded on the west by the Mine Reserve and on the south by Peveril-erescent). (9) Eastern Fire District The townships of Bairnsdale, Dandenong, Frank- ston, Omeo, Traralgon, Walhalla, Warragul, Korumburra, Lilydale, Leongatha, Yarram, Healesville, Mafl'ra, Morwell, VVarburton, Mornington, Orbost, Carrum, Chelsea, Aspendale, Edithvale, Berwick, and Trafal gar. 558 FIRE BRIGADES ACT 1928. Seotions 49, 68. THIRD SCHEDULE. Scale of Expenses and Charges allowed for Attendance at any Fire. £ s. d. For the Chief Officer for first hour ...... 110 For the Chief Officer per hour for each uucceeding hour, day or night ... 0 10 0 For use of steam or motor pumping engine ...... 500 For use of manual engine ...... 2 10 0 For the first two reels in attendance at any fire ...... 2 10 0 For each fireman and turncock, when called out to any fire, clay or night, for the first hour ...... 0 5 0 For each fireman when called out to any fire, day or night, for the second hour 0 3 0 For each fireman when called out to any fire, day or night, for each succeeding hour ...... 0 2 0 For each horse, taking a reel to and from any fire, day or night ...... 0 10 6 For cleaning and drying the hose, and taking it to and from the drying yard, after each fire, for each hand-reel ...... 0 10 0 For cleaning and drying the hose, and taking it to and from the drying yard, after each fire, for each horse-reel ...... 0 10 0 For every horse and cart attending any fire ...... 0 10 0 For first notice of fire to the Chief Officer at his residence ...... 0 5 0 For wages for each extra man engaged by the l. hief Officer at any fire, day or night— For the first hour ...... 0 2 0 For the second hour ...... 0 1 6 For each succeeding hour...... 0 10 F1KMS. [See Business Names Act 1928.]