South Australian Repealed Acts

This legislation has been repealed.

COUNTRY FIRES ACT 1989 - SCHEDULE 3

Schedule 3—Transitional provisions

1—Interpretation

In this Schedule—

the former board means the Country Fire Services Board established under the repealed Act;

the new board means the Country Fire Service Board established under this Act;

the repealed Act means the Country Fires Act 1976 repealed by this Act.

2—Establishment of new board

        (1)         The real and personal property of the former board become, on the commencement of this Act, property of the new board.

        (2)         All rights and liabilities of the former board (whether vested or contingent) become, on the commencement of this Act, rights and liabilities of the new board.

        (3)         A reference in an instrument to the former board will, where the context admits, be construed as a reference to the new board.

        (4)         Any employee or officer of the former board, employed or holding office immediately before the commencement of this Act, will, on the commencement of this Act, become an employee or officer of the new board.

        (5)         The transfer of the employment of a person under subsection (4) will be effected without reduction in salary or status, and without loss of accrued or accruing leave entitlements.

3—Membership of new board

        (1)         Notwithstanding any other provision of this Act, the following members of the former board (as constituted immediately before the commencement of this Act) will be members of the new board (as first constituted under this Act):

            (a)         the person who was appointed to the former board to represent the interests of councils, who will be taken to be one of the representatives of rural councils on the new board; and

            (b)         the person who was appointed to the former board to represent the interests of members of C.F.S. fire brigades, who will be taken to be one of the persons nominated by the South Australian Volunteer Fire-Brigades Association.

        (2)         The members of the former board appointed to the new board under subsection (1) hold office for the balance of the term for which they had been appointed to the former board (and, at the expiration of that term of office, will be eligible for reappointment).

4—C.F.S. brigades

        (1)         A C.F.S. fire brigade registered under the repealed Act immediately before the commencement of this Act becomes, on the commencement of this Act, a C.F.S. brigade constituted under this Act (with a constitution determined by the Board).

        (2)         The members of a C.F.S. fire brigade registered under the repealed Act immediately before the commencement of this Act, become, on the commencement of this Act, the members of the relevant C.F.S. brigade constituted under this Act (without loss of rank or continuity of service).

5—Country Fire Service Fund

All money standing to the credit of the Country Fire Service Fund under the repealed Act must be transferred to the Fund established under this Act.

6—Fire control officers and fire party leaders

The Governor may, by proclamation made on the recommendation of the Board, in order to facilitate the introduction of an interim command structure pending the repeal of the Country Fires Act 1976 , revoke the appointments by councils of fire control officers and fire party leaders under that Act (and such a proclamation will have effect according to its terms).