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Fire and Emergency Services Act 2005
Div 10Related matters
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Division 10—Related matters
100—Accounts and audit
(1) SACFS must keep proper accounting records in relation to its financial affairs, and have annual statements of account prepared in respect of each financial year.
(2) The Auditor-General must audit the annual statements of account required under subsection (1).
(3) The accounts of an SACFS organisation are not required to be audited by the Auditor-General but must be audited in accordance with the regulations.
101—Annual reports
(1) SACFS must, on or before 30 September in each year, deliver to the Commission a report on the activities of SACFS during the preceding financial year (and need not provide a report under the Public Sector Act 2009).
(b) include any other information that would be required if SACFS were reporting under the Public Sector Act 2009; and
102—Common seal and execution of documents
(a) execute a document on behalf of SACFS; and
(b) affix the common seal of SACFS to a document.
(2) The Chief Officer may, by instrument in writing, authorise another person to exercise a power under subsection (1) subject to conditions and limitations (if any) specified in the instrument for authority.
(3) Without limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of SACFS.
(4) A document is duly executed by SACFS if—
(a) the common seal of SACFS is affixed to the document in accordance with this section; or
(b) the document is signed on behalf of SACFS by a person or persons in accordance with any authority conferred under this section.
(5) If an apparently genuine document purports to bear the common seal of SACFS, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of SACFS has been duly affixed to that document.
103—Fire control officers
(1) The Chief Officer may, on his or her initiative or at the request of a council, appoint a person as a fire control officer for a designated area of the State (whether inside or outside a council area).
(2) Before the Chief Officer on his or her own initiative appoints a person as a fire control officer for a designated area of the State that is inside (or partially inside) a council area, the Chief Officer must consult with the council in relation to the proposed appointment.
(3) The functions of a fire control officer are—
(a) to assist in the preparation of fire prevention plans for the designated area;
(b) to take steps to protect property in the designated area from fire and to prevent the outbreak and spread of fire in the designated area;
(c) to fight any fire, or to act in any other emergency, until an SACFS brigade arrives;
(d) to carry out any other function assigned by the Chief Officer.
(4) Subject to any limitation determined by the Chief Officer, a fire control officer may, pending the arrival of an SACFS brigade, for the purpose of fire-fighting or for the purpose of protecting life, property or the environment in any other emergency, exercise the powers of an officer of SACFS under this Act.
(5) The Chief Officer may, as the Chief Officer thinks fit, terminate the appointment of a person as a fire control officer.
104—Giving of expiation notices
A council may not authorise a person (under section 6(3)(b) of the Expiation of Offences Act 1996) to give expiation notices for alleged offences under this Part unless the person is a fire prevention officer.
105—Appropriation of penalties
If a summary offence against this Part is committed in the area of a council and the complaint is laid by the council for the area (or an officer of the council), any fine recovered from the defendant will be paid into the general revenue of the council (rather than into the Consolidated Account).