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Fire Service Act 1979
40Assistance in relation to civil emergencies
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### 40 Assistance in relation to civil emergencies
> > (1) *\[Section 40 Subsection (1) substituted by No. 29 of 1995, s. 36 \]*A brigade chief, at the request of any person, may cause the brigade under his or her control to render assistance in respect of a civil emergency.
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> > (2) *\[Section 40 Subsection (2) amended by No. 29 of 1995, s. 36 \]*The power conferred on a brigade chief under [subsection (1)](#GS40@Gs1@EN) shall, on his instructions or in the case of his absence or incapacity, be exercised by the most senior fire officer of the brigade.
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> > (3) [*\[Section 40 Subsection (3) amended by No. 28 of 2011, s. 18, Applied:31 Oct 2011\]*](/view/html/inforce/2011-10-31/act-2011-028#GS18@EN) *\[Section 40 Subsection (3) substituted by No. 29 of 1995, s. 36 \]**\[Section 40 Subsection (3) amended by No. 42 of 1996, s. 3 and Sched. 1 \]*Where a brigade renders assistance pursuant to [subsection (1)](#GS40@Gs1@EN) , any member of the brigade who participates in the rendering of that assistance is taken to be engaged in fire-fighting operations for the purposes of [section 5 of the](/view/html/inforce/2026-04-12/act-1988-004#GS5@EN) [Workers Rehabilitation and Compensation Act 1988](/view/html/inforce/2026-04-12/act-1988-004) and [section 19](/view/html/inforce/2026-04-12/act-2011-029#GS19@EN) of the [Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011](/view/html/inforce/2026-04-12/act-2011-029) .
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> > (4) *\[Section 40 Subsection (4) omitted by No. 29 of 1995, s. 36 \]*. . . . . . . .