5AMunicipal fire prevention officers and assistants

5A Municipal fire prevention officers and assistants S. 5A(1) amended by No. 20/2019 s. 63. (1) Each municipal council, the municipal district or part of the municipal district of which is in the Fire Rescue Victoria fire district— (a) must appoint a person to be the fire prevention officer for that council for the purposes of this Act; (b) may appoint any number of persons it thinks fit to be assistant fire prevention officers. (2) A fire prevention officer may, by written instrument, delegate to an assistant fire prevention officer, either generally or as otherwise provided in the instrument, any power or duty of the fire prevention officer under this Act or the regulations except this power of delegation. Heading preceding s. 6 substituted by Nos 24/1997 s. 18, 20/2019 s. 143(1)(b). *Fire Rescue Victoria* Nos 3682 s. 6, 5040 s. 18, 5217 s. 2. S. 6 substituted by No. 24/1997 s. 19, amended by No. 5/2012 s. 61, substituted by No. 20/2019 s. 27. 6 Fire Rescue Victoria (1) Fire Rescue Victoria is established by this section. (2) Fire Rescue Victoria is constituted by the Fire Rescue Commissioner. (3) Fire Rescue Victoria— (a) is a body corporate with perpetual succession; and (b) must have an official seal; and (c) may sue and be sued in its corporate name; and (d) may acquire, hold and dispose of real and personal property for the purpose of performing its functions; and (e) may do and suffer all acts and things that bodies corporate may by law do and suffer and that are necessary or incidental for the performance of its functions. S. 7 (Heading) inserted by No. 20/2019 s. 143(2)(b). S. 7 amended by No. 6434 s. 3(1), repealed by No. 7926 s. 3, new s. 7 inserted by No. 7926 s. 4(1), amended by Nos 8019 s. 3, 8476 s. 2(1)(a)(i)–(iii)(b), 43/1987 s. 3(1)(a)(i)(ii), 12/1989 s. 4(1)(Sch. 2 item 79.5). 2/1995 s. 22(a)(b), substituted by No. 24/1997 7 Functions of Fire Rescue Victoria S. 7(1) amended by No. 20/2019 s. 28(1). (1) The functions of Fire Rescue Victoria are— S. 7(1)(a) amended by Nos 5/2012 s. 62(1), 20/2019 s. 64(1). (a) to provide for fire suppression and fire prevention services in the Fire Rescue Victoria fire district; and S. 7(1)(b) amended by Nos 5/2012 s. 62(1), 20/2019 s. 64(1). (b) to provide for emergency prevention and response services in the Fire Rescue Victoria fire district; and S. 7(1)(ba) inserted by No. 20/2019 s. 28(2). (ba) to implement the fire and emergency services priorities of the Government of Victoria; and S. 7(1)(bb) inserted by No. 20/2019 s. 28(2). (bb) to provide operational and management support to the Country Fire Authority in consultation with and as agreed by the Authority, to meet the Authority's objective under section 6B of the **Country Fire Authority Act 1958**, including support to maintain, strengthen and encourage the capability of volunteers; and S. 7(1)(c) amended by Nos 5/2012 s. 62(2), 20/2019 s. 28(1). (c) to carry out any other functions conferred on Fire Rescue Victoria by or under this Act or the regulations or any other Act or any regulations under that Act. S. 7(2) amended by No. 20/2019 s. 28(3). (2) Fire Rescue Victoria has all powers necessary to carry out its functions. S. 7(3) amended by Nos 5/2012 s. 62(3), 20/2019 ss 28(4), 64(2). (3) The functions of Fire Rescue Victoria extend to any vessel berthed adjacent to land which by virtue of section 4(2) is part of the Fire Rescue Victoria fire district. S. 7(4) inserted by No. 48/2000 s. 8, amended by No. 73/2010 s. 54(1). repealed by No. 73/2013 s. 90(a). S. 7(5) inserted by No. 48/2000 s. 8, substituted by No. 73/2010 s. 54(2)), repealed by No. 73/2013 s. 90(a). S. 7(6) inserted by No. 73/2010 s. 54(2)), repealed by No. 73/2013 s. 90(a). S. 7AA inserted by No. 5/2012 s. 63. 7AA Duty to assist in major emergency S. 7AA(1) amended by No. 20/2019 s. 29(1). (1) In addition to any other of its duties and functions under this Act, Fire Rescue Victoria must assist in the response to any major emergency occurring within Victoria. (2) In this section— S. 7AA(2) def. of *emergency agency* amended by No. 20/2019 s. 29(2). ***emergency agency*** means— (a) Fire Rescue Victoria; (b) the Country Fire Authority established under the **Country Fire Authority Act 1958**; (c) the Secretary to the Department of Sustainability and Environment when performing functions or duties or exercising powers under section 62(2) of the **Forests Act 1958**; (d) the Victoria State Emergency Service Authority established under the **Victoria State Emergency Service Act 2005**; S. 7AA(2) def. of *major emergency* amended by No. 73/2013 s. 90(b). ***major emergency means***— (a) a large or complex emergency (however caused) which— (i) has the potential to cause or is causing loss of life and extensive damage to property, infrastructure or the environment; or (ii) has the potential to have or is having significant adverse consequences for the Victorian community or a part of the Victorian community; or (iii) requires the involvement of 2 or more emergency agencies to respond to the emergency; or (b) a major fire within the meaning of the **Emergency Management Act 2013**. S. 7A inserted by No. 8750 s. 96, repealed by No. 24/1997 s. 19, new s. 7A inserted by No. 73/2010 s. 55, substituted by No. 73/2013 s. 89, amended by No. 20/2019 s. 30. 7A Objective The objective of Fire Rescue Victoria in performing its functions and exercising its powers under this Act is to— (a) contribute to a whole of sector approach to emergency management; (b) promote a culture within the emergency management sector of community focus, interoperability and public value. S. 7AB inserted by No. 73/2013 s. 89, amended by No. 20/2019 s. 31. 7AB Emergency Management Victoria Fire Rescue Victoria must, in performing its functions and exercising its powers, collaborate and consult with Emergency Management Victoria. S. 7AC inserted by No. 73/2013 s. 89, amended by No. 20/2019 s. 32. 7AC Compliance with operational standards of Emergency Management Commissioner Fire Rescue Victoria must use its best endeavours to carry out its functions in accordance with the operational standards developed by the Emergency Management Commissioner under the **Emergency Management Act 2013**. S. 7AD inserted by No. 73/2013 s. 89. 7AD Report on compliance with operational standards developed by the Emergency Management Commissioner S. 7AD(1) amended by No. 20/2019 s. 33(1). (1) Fire Rescue Victoria must, at the expiration of each period of 6 months, report in writing on the action it has taken during the preceding 6 months to comply with the operational standards developed by the Emergency Management Commissioner under the **Emergency Management Act 2013**. S. 7AD(2) amended by No. 20/2019 s. 33(2). (2) A copy of the report prepared by Fire Rescue Victoria under subsection (1) must be given to the Emergency Management Commissioner. S. 7AE inserted by No. 73/2013 s. 89. 7AE Strategic Action Plan S. 7AE(1) amended by No. 20/2019 s. 34(1). (1) Fire Rescue Victoria must implement the applicable work program to give effect to the Strategic Action Plan. S. 7AE(2) amended by No. 20/2019 s. 34(1)(2). (2) Fire Rescue Victoria must prepare a written report on the progress made, and achievements attained, by Fire Rescue Victoria to give effect to the Strategic Action Plan at intervals determined by the State Crisis and Resilience Council. (3) The intervals must not be less than one a year. S. 7AE(4) amended by No. 20/2019 s. 34(1)(3). (4) Fire Rescue Victoria must give a copy of a report prepared by Fire Rescue Victoria under subsection (2) to the State Crisis and Resilience Council and the Inspector-General for Emergency Management. S. 7A inserted by No. 7926 s. 4(1), renumbered as s. 7B by No. 9019 s. 2(1)(Sch. item 166), repealed by No. 24/1997 s. 19, new s. 7B inserted by No. 73/2010 s. 55, amended by No. 20/2019 s. 35.