AN ACT to make further provision for the [Assented to 21st December, 1909.] E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:- Preliminary. 1. This Act may be cited as the District Fire Brigades Act, 1909, and shall come into operation on the first day of January, one thousand nine hundred and ten. Short title. of 1890, s. 1. 2. In this Act, unless inconsistent with the subject-matter or Interpretation. context, the following words shall have the meanings respectively See Ibid s. 2. assigned to them (that is to say): 66 "Board" means a Fire Brigades Board constituted by this Act: "Chief Officer" means the Chief Officer of District Fire "District" means a fire district constituted by this Act: "Insurance Act not to apply to Insurance company "includes any person or persons, incorporate or unincorporate, carrying on the business of fire insurance or of granting for consideration indemnity in whole or in part against loss or damage by fire, whether by itself or in conjunction with any contract other than that of insurance; and shall include as well the company as its agent or agents: ̈ Local Authority" means a municipality and the council thereof, or the road board of a road district, and the local authority means the local authority for the particular district. ་་ 66 · Minister" means the Minister of the Crown charged for the time being with the administration of this Act: Owner means the person for the time being receiving the rack rent of the premises in connection with which the word is used either on his own account or as agent or trustee for some other person, or who would receive the same if the premises were let at a rack rent : "Permanent Fire Brigade" means any association formed for the purpose of extinguishing fire and consisting of persons whose whole time shall be devoted to duties. connected with that object and who receive a fixed remuneration for their services : "Proclamation" means a proclamation by the Governor published in the "Government Gazette ": 66 Regulations" means any regulations made under this "Volunteer Fire Brigade" means any association of per- "Year" means year ending the thirty-first day of December. 3. This Act shall not apply to the municipal district of the municipal districts municipality of Perth, or to any other municipal district to which the provisions of the Fire Brigades Act, 1898, for the time being apply: in which Fire Brigades Act, 1898, in force. Fire districts. Provided that the Governor may, on the petition of the council of any municipality, by proclamation, declare that the provisions of the last mentioned Act shall cease to be in force in any municipal district. Fire Districts. 4. (1.) For the purposes of this Act, Western Australia is See Vict., No. 1200 divided into two Fire Districts, namely: of 1890, ss. 3, 4, 5. (a.) The South-West District. (2.) (2.) The boundaries of the said districts shall be as described in the First Schedule to this Act. (3.) The Governor may, from time to time, by proclamation, alter the boundaries of any district. Fire Brigades Board and Local Committees. 5. (1.) There shall be constituted as hereinafter provided a Fire The Board. Brigades Board to be called the West Australian Fire Brigades See Ibid 8. 6. Board. 2.) Such Board shall be a body corporate with perpetual succession and a common seal, and shall be capable in law of suing and being sued and of taking, purchasing, holding, exchanging, leasing, and disposing of real and personal property. Constitution of Board. 6. The Board shall consist of nine members as follows: (1.) Two members shall be appointed by the Governor. 2.) Three members shall be elected by the Insurance Companies carrying on business within Western Australia. (3.) Three members shall be elected by the local authorities as follows: (a.) One of such members shall be elected by the Councils (b.) One of such members shall be elected, subject as herein- (4.) One member shall be elected by the volunteer brigades. Provided that if this Act within six months after its commencement is, on the petition of the Council of the City of Perth, applied to that municipality, the following provisions shall apply in lieu of paragraph (b.) of subsection three: (i.) One of such members shall be elected by the Council of Constitution of See Ibid s. 7. 7. Local committees. Constitution of local committees. Vict., No. 1200 of 1890, s. 10. Voters at first Voters after the district. 7. The Governor may, by proclamation, constitute any portion of a district a sub-district, and in every sub-district the powers by this Act conferred on local committees may be exercised by a local committee under the supervision of the Board and subject to the regulations. 8. The local committee for any sub-district shall consist of three members One of such members shall be elected by the local authority or authorities (as the case may be) of any municipal or road district or districts or portions thereof forming part of such sub-district, and shall be the chairman of the committee; One member shall be elected by the brigade or brigades in such sub-district, or if there are no such brigades shall be appointed by the Governor; and One member shall be elected by the insurance companies insuring property within such sub-district. 9. (1.) Before the first election of members of the Board the Minister shall cause to be prepared for each district a roll of all the brigades in such district and shall certify every such roll. (2.) No brigade shall be entitled to vote at the first election of members of the Board unless the name of such brigade is included in such roll, and no brigade shall be entitled to vote at the first election of the local committee for any sub-district unless the name of such brigade be included in the certified roll for such subdistrict. (3.) After the first election of members of the local comfirst election in any mittee in any sub-district no brigade therein shall be entitled to vote at any election of members of the Board or of members of the local committee unless such brigade is duly registered under this Act and is included in a roll in force in such district or sub-district of brigades entitled to vote therein at elections under this Act No such roll shall be of any force or effect unless it be certified by the Board. Governor may move members. Ibid s. 12. Convention of meeting of repre sentatives of fire insurance com re 10. The Governor may at any time. if he thinks fit. remove any member of the Board or of any local committee. 11. (1.) Immediately after the coming into operation of this Act, the Minister, and in the month of December of every alternate year thereafter the Board, shall convene a general meeting of the panies to nominate chairman. principals, or representatives of the insurance companies by circular addressed to each such company, or the representative thereof, for the purpose of electing persons as members of the Board. members. (2.) Each such meeting shall elect its own chairman, and all matters shall be decided by a majority of votes, and the votes allotted to each person representing an insurance company at such meeting shall be according to the following scale, that is to say: Where the company's premium income in the State does not exceed two thousand pounds. the person representing such company shall shall be entitled to one vote at every such meeting; where such income is above two thousand pounds and does not exceed five thousand pounds, such person shall have two votes; where such income is above five thousand pounds, such person shall have three votes; and the chairman of each such meeting shall have, in addition to his own vote or votes, a casting vote. 12. All elections of members of the Board and all elections of Elections to be under regulations, members of local committees shall be conducted in all respects whatsover in such manner as may be prescribed by the regulations, Ibid s. 13. and every such election shall be held at such times and under the direction of such returning officers as the Governor may from time to time appoint. not to exceed two years. 13. All members of the Board or of any local committee shall be Tenure of members appointed or elected for any term not exceeding two years, and, subject to the provisions hereinafter contained, shall hold office Ibid s. 14. until the thirty-first day of December in the second year of the term for which they are appointed or elected. The members of the Board may receive from the funds of the Board a sum not exceeding Two hundred and fifty pounds per annum in the aggregate. 14. All elections under this Act for the Board or any local com- Periodical elections. mittee other than extraordinary elections and other than the first Vict., No. 1200 of election in any district shall be held in the month of December. 1890, s. 15. Notwithstanding that any person is a member of the Board or of any local committee he shall be eligible for re-election or re-appointment thereto, and every, retiring member shall if not otherwise disqualified be entitled to act as a member during the progress of any election. vacancies. Ibid. s. 16. 15. (1.) Any vacancy in the office of a member of the Board or Extraordinary of any local committee, occasioned by death, resignation, removal, or any cause whatsoever other than retirement on the thirty-first day of December in the second year of the term for which he was appointed or elected, shall be filled up within one month after the occurrence of such vacancy, or within such longer time as may be prescribed by the regulations. (2.) In the case of an appointed member, such vacancy shall be filled up by the appointment by the Governor of a new member. (3.) In the case of an elected member, such vacancy shall be filled up by the election of a new member by the body or bodies by which the member whose place is to be filled was originally elected. (4.) Such new member, whether so appointed or elected, shall hold office as long as the person in whose place he was appointed or elected would have held office had he continued in office, and no longer. 16. |