110Regulations

110 Regulations (1) The Governor in Council may in respect of the country area of Victoria make regulations for or with respect to all or any of the following purposes— S. 110(1)(a) amended by No. 10149 s. 5(2). (a) for regulating the business and proceedings at the meetings of the Authority and of committees thereof, and for prescribing the notice to be given of such meetings; S. 110(1)(aa) inserted by No. 24/1997 s. 11(1). (aa) for determining which positions or classes of positions with the Authority are senior employee positions; S. 110(1)(b) amended by Nos 2/1995 s. 13(d), 74/2009 s. 9(4). (b) for the examination appointment training promotion suspension and removal of officers and employees of the Authority, and for regulating the duties and conduct of such officers and employees and the salaries wages or other remuneration and expenses of such officers and employees to whom no federal award or agreement applies; S. 110(1)(ba) inserted by No. 9629 s. 11(1), substituted by No. 24/1997 s. 11(2). (ba) for regulating appeals to the Country Fire Authority Appeals Commission, including the period and procedure for making an appeal; S. 110(1)(bb) inserted by No. 10149 s. 21(1)(t), repealed by No. 36/2018 s. 57(6). S. 110(1)(bc) inserted by No. 10149 s. 21(1)(t). (bc) for regulating the proceedings of municipal fire prevention committees and the keeping of minutes of meetings of those committees, and prescribing the persons, whether or not members of the committees, to whom such minutes are to be distributed; (c) for the payment of salaries or wages or other remuneration and expenses to permanent and part-time officers and members of brigades; S. 110(1)(ca) inserted by No. 7877 s. 20(a). (ca) for the granting of leave of absence to volunteer officers and members of brigades; S. 110(1)(d) amended by No. 6583 s. 5(m)(i), substituted by No. 50/1989 s. 26(11). (d) for the provision of training or training facilities and the issue of any certificate or qualification after the completion of any course of training and the prescribing of the fees and charges payable in relation thereto; S. 110(1)(da) inserted by No. 7877 s. 20(b). (da) for the payment of allowances for personal and travelling expenses incurred by persons who gratuitously provide services in connexion with schools or courses of instruction established by the Authority; S. 110(1)(e) amended by No. 2/1995 s. 13(d), substituted by No. 27/2001 s. 5(Sch. 3 item 1.3(a)). (e) for the provision, grant or payment of superannuation, allowances, pensions or gratuities to officers and employees of the Authority or their spouses, domestic partners, families, surviving spouses, surviving domestic partners or dependants on the resignation, retirement or death of those officers and employees; S. 110(1)(ea) inserted by No. 39/1992 (ea) for requiring officers and employees of the Authority and volunteer officers and members of the brigades to take medical and work related tests and to submit medical certificates; S. 110(1)(eb) inserted by No. 39/1992 (eb) for regulating the discipline and good conduct of officers and employees of the Authority and volunteer officers and members of brigades, including providing for suspension or removal or the imposing of a penalty; S. 110(1)(ec) inserted by No. 39/1992 (ec) for providing and regulating appeals by volunteer officers and members of brigades to an Appeal Panel constituted by the regulations; S. 110(1)(f) amended by No. 2/1995 s. 13(d). (f) for the payment of compensation to such officers and employees on their sickness incapacity injury or disablement; S. 110(1)(g) amended by Nos 10004 s. 23(a), 10149 s. 20, substituted by No. 39/1992 s. 17(1)(b), amended by No. 27/2001 s. 5(Sch. 3 item 1.3(b)), substituted by No. 17/2003 s. 13(1). (g) for the establishment of a compensation scheme for persons who are— (i) volunteer officers; or S. 110(1)(g)(ii) amended by No. 5/2012 s. 58(1). (ii) members of a brigade, including an industry brigade; or (iii) not formally enrolled as members of a brigade but have applied for membership and are performing the duties performed by members of a brigade; S. 110(1)(ga) inserted by No. 17/2003 s. 13(1). (ga) for the payment of compensation to a person specified in paragraph (g) in the case of an incident causing— (i) personal injury to; or (ii) destruction, damage or loss of personal property owned by, or in the possession or control of— that person; S. 110(1)(gb) inserted by No. 17/2003 s. 13(1), amended by No. 29/2011 s. 3(Sch. 1 item 19). (gb) for the payment of compensation to the spouse, domestic partner, family and dependants of a person specified in paragraph (g) in the case of an incident causing the death of that person; S. 110(1)(h) repealed by No. 43/1987 s. 10(2). (i) for the joining or co-operating in any scheme for supporting aiding or subscribing to any association fund or trust for any of the said purposes; S. 110(1)(j) amended by No. 2/1995 s. 13(d). (j) for prescribing what amounts shall be paid by or deducted from the salaries or wages of officers and employees of the Authority as contributions to any fund scheme association or trust for any of the said purposes; S. 110(1)(ja) inserted by No. 6956 s. 15. (ja) for prescribing the conditions under which radio telephone equipment may be installed and operated for fire fighting purposes by brigades or groups of brigades; S. 110(1)(k) amended by No. 8257 s. 15. (k) for permitting when occasion requires any brigade or portion of a brigade or any of its officers or members or apparatus or other property to proceed or be taken beyond the limits of the district in respect of which the brigade is registered for the purpose of attending a fire and for providing for the control and direction of such brigade officers and members in such case; (l) for establishing stations and companies or divisions of brigades; S. 110(1)(la) inserted by No. 39/1992 s. 17(1)(c), substituted by No. 5/2012 s. 58(2). (la) for providing for— (i) the adoption of constitutions for brigades and groups of brigades and the matters to be included in those constitutions; or (ii) the adoption of prescribed constitutions for brigades and groups of brigades; S. 110(1)(lb) inserted by No. 39/1992 s. 17(1)(c). (lb) for prescribing the management and administration and financial management of brigades and groups of brigades; S. 110(1)(lc) inserted by No. 39/1992 s. 17(1)(c). (lc) for providing for the winding up of brigades or groups of brigades; S. 110(1)(m) amended by No. 6583 s. 5(m)(i), substituted by No. 39/1992 s. 17(1)(d). (m) for ensuring the speedy attendance of members of brigades and groups of brigades with all necessary apparatus on the occasion of any alarm of fire and generally for the maintenance of brigades and groups of brigades in a due state of efficiency; S. 110(1)(n) amended by Nos 6583 s. 5(m)(i), 24/1997 s. 11(3). (n) for the registration of all permanent and volunteer brigades and industry brigades and groups of brigades and the enrolment of their members, and for the election of the officers of volunteer brigades and groups of brigades and also for prescribing the various apparatus for the prevention or suppression of fire and the saving of life and property at fires to be kept and maintained by all such brigades and groups of brigades; S. 110(1)(na) inserted by No. 24/1997 (na) for specifying the criteria for and the method of designation of areas for the formation of industry brigades; S. 110(1)(nb) inserted by No. 24/1997 (nb) for specifying the criteria for determining when an industry brigade should be formed; S. 110(1)(nc) inserted by No. 24/1997 (nc) for providing for the responsibilities and performance of industry brigades and the training and monitoring of industry brigades; S. 110(1)(nd) inserted by No. 24/1997 (nd) for providing the procedures for the cancellation of an industry brigade and for the responsibilities of relevant owners on that cancellation; (o) for providing for the attendance of brigades at fires on vessels and for the charges to be paid to the Authority by the owner or master of any such vessel in respect of such attendance; (p) for providing for the attendance of members of brigades and for the control of members of brigades while in attendance at public buildings and places where numbers of persons are assembled, and for the charges to be paid to the Authority in respect of such attendance; S. 110(1)(q) amended by Nos 50/1989 s. 3(e), 39/1992 s. 3(b). (q) for regulating and controlling the carriage of members of brigades and their apparatus to and from fire brigade competitions, and for the regulation of all fire brigade competitions; S. 110(1)(r) repealed by No. 50/1989 s. 26(12), new s. 110(1)(r) inserted by No. 39/1992 s. 15(2)(a). (r) for prescribing the insignia and uniforms to be worn by officers of the Authority; S. 110(1)(s) repealed by No. 50/1989 s. 26(12), new s. 110(1)(s) inserted by No. 39/1992 s. 15(2)(a). (s) for prescribing the use of the insignia of the Authority; S. 110(1)(t) amended by No. 39/1992 s. 15(2)(b). (t) for prescribing the insignia and uniforms to be worn by the various grades and classes of members of brigades when on duty; S. 110(1)(ta) inserted by No. 7877 s. 20(c). (ta) for prescribing the conditions under which uniforms may be retained on leaving a brigade; S. 110(1)(tb) inserted by No. 7877 s. 20(c). (tb) for prescribing long service badges and insignia and the entitlement thereto; S. 110(1)(u) substituted by No. 39/1992 s. 17(1)(e). (u) for prescribing matters relating to the granting of permits, including the conditions and restrictions to be contained in such permits; S. 110(1)(ua) inserted by No. 8478 (ua) for prescribing forms for the purposes of this Act; S. 110(1)(ub) inserted by No. 5/2012 s. 58(3). (ub) for prescribing the information that an alarm monitoring service must provide to the Authority for the purposes of section 50AA and the period of time within which that information must be provided; S. 110(1)(uc) inserted by No. 41/2014 s. 11. (uc) for prescribing a place to be a community fire refuge for the purposes of Part IIIA; S. 110(1)(v) amended by No. 5/2012 s. 58(4). (v) for regulating the storage of empty crates cases and other packages sawdust shavings hay and straw either in packages or loose and prescribing the means by which, the times and intervals at which, the conditions under which and the manner in which industrial waste sawdust bark edgings wood or other inflammable material whether or not of the like kind to the foregoing shall be destroyed or disposed of in the country area of Victoria; S. 110(1)(va) inserted by No. 6583 s. 10, substituted by No. 2/1995 s. 13(m). (va) for regulating the disposal by burning of by-products of sawmilling operations; S. 110(1)(vb) inserted by No. 8478 s. 5(b). (vb) for prescribing fire protection measures to be taken in the vicinity of any building, appliance or fuel storage used in the curing or reconditioning of tobacco leaf; S. 110(1)(w) amended by No. 8181 s. 2(1)(Sch. item 29), substituted by No. 5/2012 s. 58(5). (w) for prescribing for the purposes of this Act, the fees and charges of any brigade in relation to attendance at any fire, answering any alarm or responding to any report of a fire; S. 110(1)(wa) inserted by No. 9928 s. 11(1), substituted by No. 5/2012 s. 58(6). (wa) for prescribing, or authorising the Authority to fix, the fees and charges to be paid to the Authority for— (i) the inspection by the Authority of plans, premises and equipment for the prevention and suppression of fire; (ii) any service the Authority is empowered to provide under this or any other Act; (iii) any other service rendered by the Authority or by officers of the Authority (whether within or outside Victoria); S. 110(1)(wb) inserted by No. 50/1989 s. 26(13). (wb) for prescribing the basis on which the cost of attending at a hazardous material incident or toxic fire incident the whole or part of which is not a fire within the meaning of section 3 is to be determined and prescribing the fees and charges to be paid to the Authority for that attendance; S. 110(1)(wc) inserted by No. 50/1989 s. 26(13), repealed by No. 5/2012 s. 58(7). S. 110(1)(x) amended by Nos 6583 s. 5(m)(i), 7877 s. 20(d). (x) for managing and regulating the distribution of all revenue received under this Act including, without affecting the generality of the foregoing, the payment of allowances to brigades and groups of brigades for minor expenses and for expenses in connexion with fires practices demonstrations and competitions and for the stoppage reduction or forfeiture of any such payment; S. 110(1)(y) repealed by No. 58/2012 s. 101(1), new s. 110(1)(y) inserted by No. 20/2019 s. 81. (y) for and in relation to the performance of functions and the exercise of powers by any person under a provision of this Act in relation to volunteer brigades located in the Fire Rescue Victoria fire district; S. 110(1)(z) amended by Nos 7877 s. 2(1)(c) 20/2019 s. 73. (z) for regulating or prohibiting the use of fireworks in an area of Victoria during a fire danger period in respect of the area; S. 110(1)(za) inserted by No. 6887 s. 3(2), amended by No. 8933 s. 7(b), repealed by No. 53/1988 s. 45(Sch. 2 item 5), new s. 110(1)(za) inserted by No. 2/1995 s. 6(4). (za) in relation to fire prevention notices, for— (i) things or classes of things in respect of which notices may not be served; (ii) the matters which may be dealt with in notices, including the steps that owners or occupiers may be required to take; (iii) the form and content of notices; (iv) the form of, and particulars to be included in, a notice under section 41A(3)(b); S. 110(1)(zb) inserted by No. 24/1997 s. 11(5), repealed by No. 36/2018 s. 80(2). S. 110(1)(aa) amended by Nos 7877 ss 2(1)(d), 21(d)(iii), 9488 s. 2(f), 10235 s. 11(m), 39/1992 s. 17(1)(f), re-numbered as s. 110(1)(zc) by No. 11/1998 s. 7(a), amended by No. 5/2012 s. 58(8). (zc) for regulating the use of heat engines (including determining what equipment shall be carried by heat engines) in the country area of Victoria or any part thereof and for prescribing penalties not in any case exceeding 20 penalty units for any offence against regulations made under this paragraph; and S. 110(1)(ab) re-numbered as s. 110 (1)(zd) by No. 11/1998 s. 7(b). (zd) for prescribing any matter or thing authorized or required to be prescribed by this Act or necessary or expedient to be prescribed for the purposes of this Act. S. 110(1A) inserted by No. 39/1992 s. 17(2). (1A) A power conferred by this Act to make regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, as respects the cases in relation to which it is exercised— (i) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or (ii) any such provision either unconditionally or subject to any specified condition. S. 110(2) amended by No. 6583 s. 5(m)(ii), substituted by No. 39/1992 s. 17(2). (2) Regulations made under this Act may be made— (a) so as to apply— (i) at all times or at a specified time; or (ii) throughout the whole of the State or in a specified part of the State; or (iii) as specified in both subparagraphs (i) and (ii); and (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies; and (c) so as to leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Authority or any officer or employee thereof; and (d) so as to confer powers or impose duties in connection with the regulations on the Authority or any officer or employee thereof; and (e) so as to apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act as in force at a particular time or from time to time; and (f) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified. S. 110(2AA) inserted by No. 39/1992 s. 17(2), amended by No. 78/2010 s. 24(Sch. 1 item 8). (2AA) Regulations made under this Act may be disallowed in whole or in part by resolution of either House of the Parliament. S. 110(2A) inserted by No. 10004 s. 23(b). (2A) A regulation made under this section may incorporate or adopt by reference in whole or in part and with or without modifications any standard formulated by the Standards Association of Australia. S. 110(2B) inserted by No. 10004 s. 23(b), repealed by No. 2/1995 s. 13(n). S. 110(3) repealed by No. 6886 s. 3, new s. 110(3), inserted by No. 7885 s. 15, repealed by No. 58/2012 s. 101(1). S. 110(4) inserted by No. 9629 s. 11(2), repealed by No. 17/2003 s. 13(2). S. 110(5) inserted by No. 24/1997 s. 12(11). (5) In paragraphs (ca), (ea), (eb), (ec), (f) and (g) of subsection (1) ***brigade*** does not include an industry brigade. S. 110(6) inserted by No. 17/2003 s. 13(3). (6) The Country Fire Authority Regulations 1992, Statutory Rule No. 180/1992, are deemed to have been made under this section as amended by sections 13(1) and 13(2) of the **Country Fire Authority (Volunteer Protection and Community Safety) Act 2003**. S. 111 s. 13.