3Definitions

3 Definitions (1) In this Act unless inconsistent with the context or subject-matter— S. 3(1) def. of *administra-tive unit* inserted by No. 10149 s. 4(a), substituted by No. 2/1995 s. 13(a)(i), amended by Nos 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 5)), 108/2004 s. 117(1) (Sch. 3 item 46.1), 5/2012 s. 3(a). ***administrative unit*** means a department within the meaning of the **Public Administration Act 2004**; S. 3(1) def. of *apparatus* amended by No. 5/2012 s. 3(b). ***apparatus*** includes all engines vehicles horses reels buckets hoses pumps ladders escapes tools implements and things used for or in connexion with the prevention or suppression of fires or the protection of life, property or the environment or the performance of any function or duty under this Act; S. 3(1) def. of *applicable work program* inserted by No. 73/2010 s. 41, amended by No. 73/2013 s. 79(a). ***applicable work program*** means a work program (within the meaning of the **Emergency Management Act 2013**) that applies to the Authority; S. 3(1) def. of *Assistant Chief Officer* inserted by No. 6956 s. 2(1)(a), repealed by No. 39/1992 S. 3(1) def. of *Assistant Regional Officer* inserted by No. 7877 s. 3(a), repealed by No. 39/1992 S. 3(1) def. of *Australian Fire Brigades Charges Scheme* inserted by No. 51/2005 s. 59(1). ***Australian Fire Brigades Charges Scheme*** means the Scheme in operation from 1 April 1982 providing the procedure for reimbursement of Fire Brigade Charges established by the 1982 Agreement between the "Participating Underwriters" and the "Subscribing Brokers" as defined in that Agreement; ***Authority*** means the Country Fire Authority under this Act; S. 3(1) def. of *authorized activity* inserted by No. 10149 s. 4(b). ***authorized activity***, in relation to a volunteer auxiliary worker— (a) means any activity performed for the welfare of a brigade or group of brigades by a volunteer auxiliary worker and authorized by the secretary of the brigade or the group secretary; and (b) includes travelling to and from the performance of an activity referred to in paragraph (a); S. 3(1) def. of *brigade* amended by Nos 6583 s. 5(b), 7142 s. 2, 24/1997 s. 4(2)(a), substituted by No. 5/2012 s. 3(c). ***brigade*** means a brigade registered by the Authority under section 23(1)(b); S. 3(1) def. of *broadcast* inserted by No. 8614 s. 2. ***broadcast*** means broadcast by means of radio or television transmission, and ***broadcasting station*** has a similar connotation; S. 3(1) def. of *Chief Executive Officer* inserted by No. 77/2000 s. 4. ***Chief Executive Officer*** means the Chief Executive Officer of the Authority appointed under section 16A; S. 3(1) def. of *Chief Officer* amended by No. 5/2012 s. 3(d). ***Chief Officer*** means the Chief Officer of all brigades; S. 3(1) def. of *com-missioned officer* inserted by No. 37/2014 s. 10(Sch. item 33.1). ***commissioned officer*** has the same meaning as in the **Victoria Police Act 2013**; S. 3(1) def. of *competition* inserted by No. 39/1992 s. 3(a)(i). ***competition***— (a) means a gathering of brigades and apparatus for the purposes of engaging in training exercises and other events and increasing public awareness of fire prevention, protection or suppression techniques and other brigade activities; and (b) includes any championship; S. 3(1) def. of *country area of Victoria* amended by Nos 6956 s. 2(1)(b), 10149 s. 4(c), 5/2012 s. 3(e), 20/2019 s. 152(1). ***country area of Victoria*** means that part of Victoria which lies outside the Fire Rescue Victoria fire district, but does not include any forest, national park or protected public land; S. 3(1) def. of *demonstra-tion* inserted by No. 50/1989 s. 3(a), repealed by No. 39/1992 s. 3(a)(ii). S. 3(1) def. of *department* repealed by No. 10149 s. 4(d). S. 3(1) def. of *Department* inserted by No. 5/2012 s. 3(j). ***Department*** means the Department of Sustainability and Environment; S. 3(1) def. of *dependant* inserted by No. 27/2001 s. 5(Sch. 3 item 1.1). ***dependant*** of a person means a person who is, or was at the date of the person's death, wholly or partially dependent on the person or who has, or had at that date, a legal right to look to the person for financial support; S. 3(1) def. of *Deputy Chief Officer* substituted by No. 6956 s. 2(1)(c), amended by No. 5/2012 s. 3(f). ***Deputy Chief Officer*** means Deputy Chief Officer of all brigades; S. 3(1) def. of *Deputy Regional Officer* inserted by No. 10004 s. 4, repealed by No. 39/1992 S. 3(1) def. of *designated area* ***designated area*** means an area designated by the Authority under section 23AA; S. 3(1) def. of *division* repealed by No. 10149 s. 4(e). S. 3(1) def. of *domestic partner* inserted by No. 27/2001 s. 5(Sch. 3 item 1.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 13.1). ***domestic partner*** of a person means— (a) a person who is in a registered relationship with the person; or (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); S. 3(1) def. of *Emergency Services Commission-er* inserted by No. 73/2010 s. 41, substituted as *Emergency Management Commis-sioner* by No. 73/2013 s. 79(b). ***Emergency Management Commissioner*** has the same meaning as it has in section 3 of the **Emergency Management Act 2013**; S. 3(1) def. of *Fair Work Australia* inserted by No. 74/2009 s. 9(1), repealed by No. 13/2022 s. 71(a). S. 3(1) def. of *Fair Work Commission* inserted by No. 13/2022 s. 71(b). ***Fair Work Commission*** has the same meaning as in the Fair Work Act 2009 of the Commonwealth; S. 3(1) def. of *federal award or agreement* inserted by No. 74/2009 s. 9(1), amended by No. 13/2022 s. 71(c). ***federal award or agreement*** means— (a) a modern award within the meaning of the Fair Work Act 2009 of the Commonwealth; or (b) a determination of the Fair Work Commission made under the Fair Work Act 2009 of the Commonwealth; or (c) an award-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or (d) a transitional minimum wage instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or (e) an enterprise agreement made under the Fair Work Act 2009 of the Commonwealth; or (f) an agreement-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; S. 3(1) def. of *financial year* repealed by No. 10149 s. 4(f). S. 3(1) def. of *fire* inserted by No. 50/1989 s. 26(1), amended by No. 5/2012 s. 3(g). ***fire*** includes— (a) a hazardous material incident where the major or sole danger is the threat of fire up to the stage where there is no longer a threat of fire; and (b) a toxic fire incident up to the stage where the fire has been effectively extinguished; and (c) the threat of a fire re-igniting; S. 3(1) def. of *fire danger period* inserted by No. 7877 s. 2(1)(a)(i), amended by No. 20/2019 s. 66. ***fire danger period*** in respect of an area of Victoria means the period declared under this Act to be the fire danger period in respect of the area; S. 3(1) def. of *fire prevention officer* inserted by No. 10149 s. 4(g), amended by No. 12/1989 s. 4(1)(Sch. 2 item 17.1). ***fire prevention officer*** means— (a) in relation to a municipal council, a person appointed as a fire prevention officer under section 96A; and (b) in relation to an administrative unit or public authority, a person nominated as a fire prevention officer for the purposes of this Act by the chief administrator of the administrative unit or by the public authority (as the case may be); S. 3(1) def. of *fire protected area* inserted by No. 6956 s. 2(1)(d). ***fire protected area*** means fire protected area within the meaning of section three of the **Forests Act 1958**; S. 3(1) def. of *Fire Rescue Victoria* inserted by No. 20/2019 s. 57. ***Fire Rescue Victoria*** means Fire Rescue Victoria established under the **Fire Rescue Victoria Act 1958**; S. 3(1) def. of *Fire Rescue Victoria fire district* inserted by No. 20/2019 s. 152(2). ***Fire Rescue Victoria fire district*** has the same meaning as it has in the **Fire Rescue Victoria Act 1958**; S. 3(1) def. of *fire services agency* inserted by No. 73/2010 s. 41, amended by No. 73/2013 s. 79(d). ***fire services agency*** has the same meaning as in the **Emergency Management Act 2013**; S. 3(1) def. of *Fire Services Commission–er* inserted by No. 73/2010 s. 41, repealed by No. 73/2013 s. 79(c). ** * * * ** S. 3(1) def. of *fire services reform action plan* inserted by No. 73/2010 s. 41, repealed by No. 73/2013 s. 79(c). ** * * * ** S. 3(1) def. of *forest* substituted by No. 6956 s. 2(1)(e). ***forest*** means State forest within the meaning of section three of the **Forests Act 1958**; S. 3(1) def. of *forest officer* inserted by No. 6956 s. 2(1)(f), substituted by No. 41/1987 s. 103(Sch. 4 item 8.2). ***forest officer*** means a person appointed as an authorised officer under the **Conservation, Forests and Lands Act 1987** for the purposes of the **Forests Act 1958**; S. 3(1) def. of *group of brigades* inserted by No. 5/2012 s. 3(j). ***group of brigades*** means a group of brigades registered by the Authority under section 23A(3); S. 3(1) def. of *heat engine* amended by Nos 8353 s. 19, 9921 s. 255, 44/1989 s. 41(Sch. 2 item 6), 104/1997 s. 41, 98/1998 s. 45, 30/2000 s. 32, 6/2010 s. 203(1) (Sch. 6 item 10(a)). ***heat engine*** means any internal combustion engine any steam engine or any other engine in which any furnace, fire or spark or any burning or exploding oil or vapor is used in driving the engine but does not include any locomotive or other engine used on any railway line owned by or under the control of Victorian Rail Track within the meaning of section 3 of the **Transport Integration Act 2010**; S. 3(1) def. of *incident management operating procedures* inserted by No. 73/2010 s. 41, substituted by No. 73/2013 s. 79(e). ***incident management operating procedures*** has the same meaning as it has in section 3 of the **Emergency Management Act 2013**; S. 3(1) def. of *industry brigade* inserted by No. 24/1997 ***industry brigade*** means a brigade established under section 23AA; S. 3(1) def. of *Inspector-General for Emergency Management* inserted by No. 73/2013 s. 79(f). ***Inspector-General for Emergency Management*** has the same meaning as it has in section 3 of the **Emergency Management Act 2013**; S. 3(1) def. of *insurance against fire* inserted by No. 7885 s. 11(a), repealed by No. 58/2012 s. 94. **** * * * **** S. 3(1) def. of *insurance company* substituted by Nos 7885 s. 11(b), 5/1991 s. 3(1), amended by Nos 2/1995 s. 13(a)(ii), 51/2005 s. 59(2), repealed by No. 58/2012 s. 94. S. 3(1) def. of *insurance intermediary* inserted by No. 5/1991 s. 3(1), substituted by No. 9/2002 s. 3(Sch. item 3), amended by No. 51/2005 s. 59(3), repealed by No. 58/2012 s. 94. S. 3(1) def. of *insured* repealed by No. 7885 s. 11(c). S. 3(1) def. of *international fire brigade* inserted by No. 5/2012 s. 3(j). ***international fire brigade*** means— (a) a fire brigade or unit (however described); or (b) any other agency or organisation constituted for the purpose of fire management or which has a fire management role; or (c) any other emergency services organisation— established outside Australia; S. 3(1) def. of *interstate fire brigade* inserted by No. 5/2012 s. 3(j). ***interstate fire brigade*** means— (a) a fire brigade or unit (however described); or (b) any other agency or organisation constituted for the purpose of fire management or which has a fire management role; or (c) any other emergency services organisation— established outside Victoria but within Australia; S. 3(1) def. of *Lloyd's* inserted by No. 51/2005 s. 59(1). ***Lloyd's*** means the society of that name incorporated by the Act of the United Kingdom known as Lloyd's Act 1871; S. 3(1) def. of *Lloyd's underwriter* inserted by No. 51/2005 s. 59(1). ***Lloyd's underwriter*** means an underwriting member of Lloyd's; S. 3(1) def. of *metropolitan district* inserted by No. 5/2012 s. 3(j), repealed by No. 20/2019 s. 152(3). S. 3(1) def. of *metropolitan fire district* repealed by No. 5/2012 S. 3(1) def. of *Minister* substituted by No. 9389 s. 4(a)(i), repealed by No. 10149 s. 4(h). S. 3(1) def. of *municipal district* repealed by No. 12/1989 s. 4(1)(Sch. 2 item 17.2). S. 3(1) def. of *municipal fire prevention officer* inserted by No. 5/2012 s. 3(j). ***municipal fire prevention officer*** means a person appointed by a municipal council under section 96A(1)(a) to be the fire prevention officer for that council; S. 3(1) def. of *national park* inserted by No. 6956 s. 2(1)(g), amended by No. 8210 s. 12, substituted by No. 8702 s. 55(5). ***national park*** means land that is or is part of a park within the meaning of the **National Parks Act 1975**; S. 3(1) def. of *officer* inserted by No. 20/2019 s. 57. ***officer*** means a person appointed under section 17(c) and, subject to sections 25B and 25C of the **Fire Rescue Victoria Act 1958**, is taken to include an officer or employee of Fire Rescue Victoria made available to the Country Fire Authority by Fire Rescue Victoria under a secondment agreement within the meaning of section 25C(10) of the **Fire Rescue Victoria Act 1958**; S. 3(1) def. of *officer in charge of a brigade* inserted by No. 39/1992 s. 5(3)(b). ***officer in charge of a brigade*** includes, in the absence of a person of the rank of officer, a member of a brigade below the rank of officer; S. 3(1) def. of *owner* substituted by No. 5/2012 s. 3(h). ***owner*** has the same meaning as it has in section 3(1) of the **Subdivision Act 1988**; S. 3(1) def. of *owners* corporation inserted by No. 5/2012 s. 3(j). ***owners corporation*** has the same meaning as it has in section 3 of the **Owners Corporations Act 2006**; S. 3(1) def. of *part* repealed by No. 10149 s. 4(i). ***part-time officer or member*** of a brigade means an officer or member of the brigade who receives some form of remuneration for his services in relation to the brigade but whose sole or principal calling or means of livelihood does not consist of those services; S. 3(1) def. of *permanent brigade* amended by No. 24/1997 s. 4(2)(b). ***permanent brigade*** means any association of persons formed for the purpose of the prevention and suppression of fires and solely or principally composed of permanent or part-time officers and members but does not include an industry brigade; S. 3(1) def. of *permanent officer or member* amended by No. 24/1997 s. 4(2)(c). ***permanent officer or member*** of a brigade means an officer or member who receives a fixed remuneration for his services in relation to the brigade and whose sole or principal calling or means of livelihood consists of those services but does not include an officer or member of an industry brigade; S. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 33.1). ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; S. 3(1) def. of *prescribed* repealed by No. 10149 s. 4(j). S. 3(1) def. of *private street* inserted by No. 2/1995 s. 6(1), amended by No. 6/2010 s. 203(1) (Sch. 6 item 10(b)). ***private street*** means a road, other than— (a) a road under the **Road Management Act 2004**; (b) a road vested in a public authority; (c) a road that is under the care and management of a municipal council under section 205 of the **Local Government Act 1989**; S. 3(1) def. of *proper officer* repealed by No. 10149 s. 4(k). S. 3(1) def. of *protected public land* inserted by No. 10149 s. 4(l). ***protected public land*** has the same meaning as in the **Forests Act 1958**; S. 3(1) def. of *public authority* amended by No. 12/1989 s. 4(1)(Sch. 2 item 17.3). ***public authority*** means any board commission trust or other body corporate or unincorporate established or constituted by or under any Act for any public purpose, whether in respect of the whole or any part of Victoria, but does not include a municipal council; ***region*** means a part of the country area of Victoria proclaimed as a fire control region pursuant to this Act; S. 3(1) def. of *regional officer* repealed by No. 39/1992 S. 3(1) def. of *Regulations* repealed by No. 10149 s. 4(m). S. 3(1) def. of *road* inserted by No. 2/1995 s. 6(1). ***road*** has the meaning given in section 3 of the **Local Government Act 1989**; S. 3(1) def. of *rural brigade* repealed by No. 5/2012 S. 3(1) def. of *rural district* substituted by Nos 8257 s. 2(a), 39/1992 s. 4(2)(a), repealed by No. 5/2012 S. 3(1) defs of *scrub* or *vegetation* inserted by No. 6583 s. 2(a). ***scrub*** or ***vegetation*** includes trees bushes plants and undergrowth of all kinds and sizes whether living or dead and whether standing or not standing, and also includes any part of any such trees bushes plants or undergrowth whether severed or not severed; S. 3(1) def. of *Secretary* inserted by No. 76/1998 s. 30(a). ***Secretary*** means the body corporate established by Part 2 of the **Conservation, Forests and Lands Act 1987**; S. 3(1) def. of *senior employee* inserted by No. 24/1997 ***senior employee*** means the holder of a position designated by the Authority as a senior position; S. 3(1) def. of *spouse* inserted by No. 27/2001 s. 5(Sch. 3 item 1.1). ***spouse*** of a person means a person to whom the person is married; S. 3(1) def. of *State Crisis and Resilience Council* inserted by No. 73/2013 s. 79(f). ***State Crisis and Resilience Council*** has the same meaning as it has in section 3 of the **Emergency Management Act 2013**; S. 3(1) def. of *State Response Controller* inserted by No. 43/2015 s. 29. ***State Response Controller*** has the same meaning as in section 3 of the **Emergency Management Act 2013**; ***station*** means fire station; S. 3(1) def. of *Strategic Action Plan* inserted by No. 73/2013 s. 79(f). ***Strategic Action Plan*** has the same meaning as it has in section 3 of the **Emergency Management Act 2013**; S. 3(1) def. of *summer period* amended by No. 6583 s. 2(b), repealed by No. 7877 s. 2(1)(a)(ii). S. 3(1) def. of *the 1982 Agreement* inserted by No. 51/2005 s. 59(1). ***the 1982 Agreement*** means the Agreement establishing the Australian Fire Brigades Charges Scheme, a certified copy of which is lodged with the Minister under section 103A; S. 3(1) def. of *urban brigade* repealed by No. 5/2012 S. 3(1) def. of *urban district* substituted by Nos 8257 s. 2(b), 39/1992 s. 4(2)(b), repealed by No. 5/2012 S. 3(1) def. of *vessel* inserted by No. 50/1989 ***vessel*** means any kind of vessel that is used or is capable of being used, in navigation by water, however propelled or moved and includes— (a) a barge, lighter, floating restaurant or other floating vessel; and (b) an air-cushion vehicle or other similar craft that is used in navigation by water; S. 3(1) def. of *volunteer auxiliary worker* inserted by No. 10149 s. 4(n). ***volunteer auxiliary worker*** means a person appointed as a volunteer auxiliary worker under section 17A; S. 3(1) def. of *volunteer brigade* amended by No. 24/1997 s. 4(2)(d). ***volunteer brigade*** means any association of persons formed for the purpose of the prevention and suppression of fires and solely or principally composed of volunteer officers and members but does not include an industry brigade; S. 3(1) def. of *Volunteer Charter* inserted by No. 10/2011 s. 3. ***Volunteer Charter*** means the Volunteer Charter agreed by the Government of Victoria, Volunteer Fire Brigades Victoria Incorporated and the Authority, signed on 27 February 2011 and as amended from time to time; S. 3(1) def. of *volunteer officer or member* amended by No. 24/1997 s. 4(2)(e). ***volunteer officer or member*** of a brigade means an officer or member who receives no remuneration for his services in relation to the brigade but does not include an officer or member of an industry brigade. S. 3(2) inserted by No. 27/2001 s. 5(Sch. 3 item 1.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 13.2). (2) For the purposes of the definition of ***domestic partner*** in subsection (1)— (a) ***registered relationship*** has the same meaning as in the **Relationships Act 2008**; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case. S. 4 (Heading) inserted by No. 5/2012 s. 4(1). S. 4 substituted by No. 6583 s. 3, amended by Nos 7877 s. 2(1)(b), 10087 s. 3(1) (Sch. 1 item 20), 50/1989 s. 5, 76/1998 s. 30(b), 77/2000 s. 5, 5/2012 s. 4(2), 20/2019 s. 67.