VICIn ForceAct
Fire Rescue Victoria Act 1958
105Minister may direct Country Fire Authority to give an allocation statement
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105 Minister may direct Country Fire Authority to give an allocation statement
S. 105(1) amended by No. 2/2024 s. 6.
(1) The Minister may give a direction to the Country Fire Authority requiring the Country Fire Authority to give to the Minister an allocation statement that—
(a) sets out the property, rights, liabilities and obligations of the Country Fire Authority that are to be allocated to Fire Rescue Victoria on the approval date, which must be property, rights, liabilities and obligations of the Country Fire Authority that relate to the following—
(i) one or more integrated fire stations or Country Fire Authority premises situated at an address or location set out in column 2 of the table in Schedule 3;
(ii) staff assigned to such a station or such stations or premises; and
(b) identifies the location of any such property of the Country Fire Authority and identifies the rights, liabilities and obligations; and
(c) allocates that property and those rights, liabilities and obligations to Fire Rescue Victoria; and
(d) includes such other information about that property and those rights, liabilities and obligations (other than information about their value) as is specified in the direction.
(2) Without limiting subsection (1), a direction under subsection (1) may specify either or both of the following—
(a) the property, rights, liabilities and obligations of the Country Fire Authority;
(b) one or more classes of property, rights, liabilities and obligations of the Country Fire Authority—
that are to be allocated to Fire Rescue Victoria on the approval date, which must be property, rights, liabilities and obligations or classes of property, rights, liabilities and obligations of the Country Fire Authority that relate to either or both of the following—
(c) one or more integrated fire stations or Country Fire Authority premises situated at an address or location set out in column 2 of the table in Schedule 3;
(d) staff assigned to such a station or such stations or premises.
(3) Despite subsections (1) and (2), a direction under subsection (1) must not have the effect that any of the following are to be allocated to Fire Rescue Victoria—
(a) a property that is a Victorian Emergency Management Training Centre;
(b) a property that is a Country Fire Authority District Headquarter.
(4) If the Minister gives a direction to the Country Fire Authority under subsection (1), the Country Fire Authority must give the allocation statement required by the direction to the Minister before the end of the period specified in the direction.
(5) The Minister may approve the allocation statement.
(6) If the Minister approves the allocation statement—
(a) the Minister must sign the statement; and
(b) the date on which the Minister signs the allocation statement is the ***approval date***.
(7) The Minister may give more than one direction under subsection (1), but must not give a direction on or after 31 December 2020.
S. 105A inserted by No. 2/2024 s. 7.
105A Minister may direct Country Fire Authority to give an allocation statement in respect of other Country Fire Authority staff
(1) The Minister may give a direction to the Country Fire Authority requiring the Country Fire Authority to give to the Minister an allocation statement that—
(a) sets out the property, rights, liabilities and obligations of the Country Fire Authority that are to be allocated to Fire Rescue Victoria on the approval date, which must be property, rights, liabilities and obligations of the Country Fire Authority that relate to a person, or persons included in a class of persons, transferred from the Country Fire Authority to Fire Rescue Victoria under section 103; and
(b) identifies the location of any such property of the Country Fire Authority and identifies the rights, liabilities and obligations; and
(c) allocates that property and those rights, liabilities and obligations to Fire Rescue Victoria; and
(d) includes such other information about that property and those rights, liabilities and obligations (other than information about their value) as is specified in the direction.
(2) Without limiting subsection (1), a direction under that subsection may specify either or both of the following—
(a) the property, rights, liabilities and obligations of the Country Fire Authority;
(b) one or more classes of property, rights, liabilities and obligations of the Country Fire Authority—
that are to be allocated to Fire Rescue Victoria on the approval date, which must be property, rights, liabilities and obligations or classes of property, rights, liabilities and obligations of the Country Fire Authority that relate to a person, or persons included in a class of persons, transferred from the Country Fire Authority to Fire Rescue Victoria under section 103.
(3) If the Minister gives a direction to the Country Fire Authority under subsection (1), the Country Fire Authority must give the allocation statement required by the direction to the Minister before the end of the period specified in the direction.
(4) The Minister may approve the allocation statement.
(5) If the Minister approves the allocation statement—
(a) the Minister must sign the statement; and
(b) the date on which the Minister signs the allocation statement is the approval date.
(6) The Minister may give one or more directions under subsection (1), but must not give a direction on or after the day that is 12 months after the day on which section 7 of the **Justice Legislation Amendment (Police and Other Matters) Act 2024** comes into operation.
S. 106 inserted by No. 20/2019 s. 82.