10Minister’s functions

10 Minister’s functions

(1) The Minister is responsible for managing and controlling the activities of the Rural Fire Service. (2) The Minister may: (a) determine the duties that members of the Rural Fire Service are to perform; and (b) determine the ranks of members; and (c) allocate duties to be carried out by each member. (3) The Minister may conduct an audit of all or any activities of the Rural Fire Service to determine whether the Rural Fire Service is carrying out its activities effectively, efficiently and in compliance with the Service Standards. (4) The Minister may enter into contracts or arrangements, on behalf of the Commonwealth, with any person or organisation for the: (a) carrying out of works; or (b) performance of services; or (c) supply of goods or materials; in connection with the performance of the functions of the Rural Fire Service. (5) The Minister may use any fire fighting apparatus other than fire fighting apparatus under the control of the authority responsible for managed land. (6) The Minister must ensure that all fire fighting apparatus in the Territory is inspected at least once each year, other than fire fighting apparatus under the control of the authority responsible for managed land. (7) The Minister must take all necessary measures within the Minister’s powers and functions for suppressing fires in the Territory and protecting and saving life and property: (a) in case of fire; and (b) as part of assisting an emergency services organisation at an emergency or other incident under the control of the organisation. (8) In carrying out the Minister’s functions under subsection (7), the Minister must: (a) comply with the conditions (if any) specified in the bush fire management plan; and (b) if performing functions on managed land—comply with the conditions (if any) specified in any relevant plan of the authority responsible for the managed land of which the Minister is aware; and (c) ensure, as far as practicable, that any member of the Rural Fire Service assisting the Minister in the exercise of the function complies with the conditions mentioned in paragraphs (a) and (b).

Note: Example: Relevant plans for paragraph (b) include the Booderee Fire Management Plan and the Booderee Fire Action Plan.

(9) Before carrying out a function of the Minister under this Ordinance that relates to or otherwise affects: (a) Defence land; or (b) anything on Defence land; or (c) an activity being conducted, or to be conducted, on Defence land; or (d) a person on Defence land; the Minister must be satisfied that the Senior Australian Defence Force Officer at HMAS Creswell, or a person authorised by the Senior Australian Defence Force Officer, has been consulted. (10) However, the Minister is not required to comply with subsection (9) if the requirement to be consulted has been waived by: (a) the Secretary of the Defence Department; or (b) the Chief of the Defence Force; or (c) the Senior Australian Defence Force Officer at HMAS Creswell; or (d) a person authorised by the Senior Australian Defence Force Officer at HMAS Creswell to waive the requirement in subsection (9).