Victorian Numbered Acts

EMERGENCY SERVICES LEGISLATION AMENDMENT ACT 2012 (NO. 5 OF 2012) - SECT 49

For sections 93 and 93A of the Country Fire Authority Act 1958 substitute —

        "     93     Damage to be covered by fire insurance

    (1)     This section applies if, in the exercise of any power or the performance of any duty conferred or imposed by or under this Act, damage to property is caused by—

        (a)     the Chief Officer; or

        (b)     any officer exercising the powers of the Chief Officer; or

        (c)     any officer or member of—

              (i)     any brigade or group of brigades; or

              (ii)     an interstate fire brigade; or

              (iii)     an international fire brigade; or

        (d)     any brigade or group of brigades; or

        (e)     an interstate fire brigade; or

        (f)     an international fire brigade.

    (2)     The damage is taken to be damage by fire within the meaning of any policy of insurance against fire covering the property so damaged.

    (3)     Subsection (2) applies despite any clause or condition to the contrary contained in the policy of insurance.

        93A     Interstate fire brigades and international fire brigades

s. 49

    (1)     Subject to subsection (2), an officer or member of an interstate fire brigade or of an international fire brigade who is present in the country area of Victoria for the purpose of endeavouring to prevent or suppress a fire (including the prevention of a fire outside the country area of Victoria spreading to the country area of Victoria) or to protect life and property must—

        (a)     place himself or herself and any equipment or gear in his or her charge (including a fire engine) at the disposal of; and

        (b)     obey any orders given to him or her by—

the Chief Officer or other officer or member who is in charge of the fire fighting operations and is present at the fire.

    (2)     If the Chief Officer or other officer or member in charge of the fire fighting operations is not present at the fire, then, until the arrival of the Chief Officer or other officer or member, an officer or member of the interstate fire brigade or international fire brigade who is present at the fire and in charge of that interstate fire brigade or international fire brigade has and may exercise all the powers, authorities, duties and functions which by or under this Act are conferred or imposed on the Chief Officer.

    (3)     Subsection (4) applies if, for the purpose of endeavouring to prevent or suppress a fire (including the prevention of a fire outside the country area of Victoria spreading to the country area of Victoria) or to protect life or property, an interstate fire brigade or an international fire brigade sends only equipment or resources to the country area of Victoria.

    (4)     If this subsection applies, then, while the equipment or resources remain in the country area of Victoria, the equipment or resources are subject to the control of the Chief Officer or other officer or member who is in charge of the fire fighting operations and is present at the fire.".