23General powers of Authority with respect to brigades, apparatus etc.

23 General powers of Authority with respect to brigades, apparatus etc. (1) The Authority may at any time and from time to time— S. 23(1)(a) amended by Nos 6583 s. 5(d)(i), 5/2012 s. 12(1). (a) take measures to facilitate the formation of permanent or volunteer fire brigades and groups of brigades; S. 23(1)(b) substituted by No. 8257 s. 5(b), amended by No. 5/2012 s. 12(2). (b) upon application made in the prescribed manner and form register a brigade and enrol the officers and members thereof; (c) cause to be kept a book or other written record containing the names ages occupations and places of abode of all members of brigades; S. 23(1)(d) amended by No. 5/2012 s. 12(3). (d) amalgamate any brigades or disband or cancel the registration of any brigade or the enrolment of any officer or member of any brigade; S. 23(1)(e) amended by No. 6583 s. 5(d)(ii). (e) furnish any apparatus and other property acquired by or vested in the Authority to any brigade or group of brigades; S. 23(1)(f) substituted by No. 8257 s. 5(c), amended by No. 10149 s. 7(2). (f) determine the apparatus and other property of the Authority to be available for use by each brigade or group of brigades; S. 23(1)(g) substituted by No. 50/1989 s. 26(3)(a) (as amended by No. 91/1989 s. 7(b)). (g) establish schools and facilities or courses of instruction to provide training to any person in the skills required to perform any of the functions of the Authority and permit the use of those schools and facilities by any other body or person; (h) establish and maintain or contract for the establishment and maintenance of fire alarms and other apparatus for the prevention or suppression of fires and, without affecting the generality of the foregoing, contract with the owner of any land building or premises for the maintenance by the Authority of fire alarms and other apparatus as aforesaid on such land building or premises; (i) establish and maintain or contract for the establishment and maintenance of telephonic telegraphic radio or other communication between the several stations at which members of brigades are placed and between any such stations and any other places; (j) contract for the carrying out of aerial reconnaissance of the country area of Victoria or any part or parts thereof for the detection of fires; S. 23(1)(k) amended by Nos 50/1989 s. 3(b), 39/1992 s. 3(b). (k) organize and conduct fire brigade competitions, defray the cost of transport of members of brigades thereto and therefrom, and provide prizes and certificates for presentation to brigades and competitors thereat; and (l) publish or disseminate or contract for the publication or dissemination of printed matter broadcast matter and general information in the interest of fire prevention and fire suppression. S. 23(2) inserted by No. 8257 s. 5(d), repealed by No. 5/2012 s. 12(4). S. 23AA inserted by No. 24/1997 23AA Industry brigades (1) The Authority may from time to time in accordance with the regulations designate areas in the country area of Victoria in which it is appropriate to establish industry brigades. (2) The Authority may from time to time in accordance with the regulations require any relevant owner or group of relevant owners in a designated area— (a) to form an industry brigade for that area; and (b) to apply to the Authority for registration of the industry brigade; and (c) at the expense of the relevant owner or owners— (i) to provide such officers and members for the industry brigade as are determined by the Authority; and (ii) to provide the industry brigade with such apparatus for the prevention or suppression of fires and the saving of life at fires as is determined by the Authority. S. 23AA(3) amended by No. 5/2012 s. 13. (3) A relevant owner must, within a reasonable time, comply with a requirement of the Authority directed to the relevant owner under subsection (2). S. 23AA(4) substituted by No. 52/1998 s. 311(Sch. 1 item 16.2). (4) A relevant owner may apply to the Victorian Civil and Administrative Tribunal for review of a requirement under subsection (2) to form an industry brigade. S. 23AA(4A) inserted by No. 52/1998 s. 311(Sch. 1 item 16.2) (as amended by No. 101/1998 s. 22(1)(c)). (4A) An application for review must be made within 28 days after the later of— (a) the day on which the requirement is made; (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the relevant owner requests a statement of reasons for the decision, the day on which the statement of reasons is given to the relevant owner or the relevant owner is informed under section 46(5) of that Act that a statement of reasons will not be given. (5) The Authority, on the request of a relevant owner or owners or on the failure of a relevant owner or owners to comply with subsection (2), may— (a) form an industry brigade for the designated area in accordance with the requirements of subsection (2); and (b) recover the costs of forming, equipping and maintaining that brigade from the relevant owner or owners as a debt due to the Authority. (6) The Authority may register an industry brigade and enrol the officers and members of the brigade. (7) The Authority may cancel the registration of an industry brigade if— (a) the Authority determines that there is no longer a need for the brigade; or (b) the industry brigade fails to comply with the requirements of the Authority under this Act. (8) The Authority may cancel the enrolment of any officer or member of an industry brigade. (9) A relevant owner or group of relevant owners must not disband an industry brigade without the written consent of the Authority. (10) In this section ***relevant owner***, in relation to a designated area means— (a) an owner of land in the designated area; or (b) an occupier of land in the designated area; or S. 23AA (10)(ba) inserted by No. 54/2010 s. 77. (ba) the owner of a forest carbon right within the meaning of the **Climate Change Act 2010**; or (c) a forest property owner under a forest property agreement (within the meaning of the **Forestry Rights Act 1996)** in respect of land in the designated area. S. 23A inserted by No. 6583 s. 5(a), amended by Nos 6956 s. 5, 7065 s. 2(Sch.).