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©State of Queensland
QUEENSLAND
9
[Reprinted as at 1 December, 19831
Act to provide for the refund to policy-holders of certain fire brigade charges and for matters incidental thereto
[ASSENTED TO 14 APRIL, 19771 BE IT ENACTED by the Queen’s ost Excellent Majesty, by and with the advice and consent of the Le ative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1 t title. This Act may be cited as the Fire rigades Charges Refun 1977.
2. Inter~ret~tion. (1) In this Act, save where a contrary intention appears-
“‘Fund” means the Fire rigades Precepts Special Fund established under this Act;
“owner of property” means an owner of property to whom Part IV of the Fire Brigades Act 1964-1976 applies;
“policy-holder” means the holder of a policy of fire insurance (other than a policy of comprehensive insurance on a motor vehicle) whose insured risk is situated in the State but outside a district;
(2) In this Act, the terms “contributory company”, “Council”,
“district” and “fire insurance” have the meanings assigned to them respectively by the Fire Brigades Act 1964- 1976.
(3) Section 37 of the Fire Brigades Act 1964-1976 shall apply for the purposes of this Act as if it were a provision of this Act.
3. Liability of contri any and owner of ~ r o ~ ~ r t y for additional contribution for year 1977-197
.
Each contributory company and owner of property shall, during the year commencing on 1st July 1977 and ending on 30th June 1978 in addition to the contribution assessed provisionally in respect of that company or owner in accordance with section 41 of the Fire Brigades Act 1964-1976, pay to the Council an amount equal to 10 per centum of the total contribution so assessed.The method of obtaining payment of such additional contribution shall be that prescribed by section 41 ofthe Fire Brigades Act 1964-1976
2 ss. 4-7 FIRE BRIGADE CHARGES REFUND ACT 1977
and that section shall, with all necessary adaptations, apply and extend accordingly.
(1) For the purposes of this Act, there shall\be established and kept at the Treasury a fund to be called the “Fire Brigades Precepts Special Fund”.
(2) There shall be paid into the Fund all moneys comprising contributions and other moneys received by the Council under sections 3 and 8.
(3) There shall be paid out of the Fund all moneys comprising refunds payable to policy-holders in accordance with this Act.
(4) Moneys standing to the credit of the Fund after all claims made in accordance with this Act have been satisfied shall be paid to the credit of The Fire Brigades Precepts Trust Fund maintained for the purposes of the Fire Brigades Act 1964-1976 and applied towards contributions to be paid by contributory companies and owners of property that have paid additional contributions in accordance with section 3 in respect of the year commencing on 1st July 1979 and thereupon the Fund shall be closed.
( 5 ) Where there are insufficient moneys in the Fund to meet a payment required by this Act to be made out of the Fund and the Council certifies accordingly, that payment shall be made out of the Consolidated Revenue Fund and a payment so made shall be deemed to be an advance to the Fund and shall remain a charge thereon and shall be recouped out of the Fund immediately sufficient moneys become available therein.
olicy-hol~er. Each policy-holder shall be entitled to receive from the Fund moneys by way of a refund being a prescribed proportion of the premium in respect of fire insurance falling due for payment during the year commencing on 1st July 1977 and ending on 30th June 1978 and paid by him, calculated as prescribed, and taking into account any cancellation of fire insurance that occurred before the expiration of the period for which that insurance was originally taken out.
ure on ~ ~ ~ ~ i c ~ t i o n $ for ~ e f u ~ ~ s ~ Applications for refunds under this Act shall be made to the Council in writing and in the prescribed form (if any) on or before 31st December 1978 or such later date as is determined by the Governor in Council by notification published in the Gazette and the applicant shall comply with the prescribed requirements with respect thereto.
Where a policy-holder who is entitled to a refund in accordance with this Act has been notified by the contributory company that a specified portion of the fire insurance premium paid by him in respect of which the entitlement arises is a fire brigade charge (by whatever name called) and that charge exceeds the refund to which the policy-holder is so
ility of c o ~ t ~ i ~ u ~ o r y company with respect to excess c
FIRE BRIGADE CHARGE§ REFUND ACT 1977 ss. 8-13 3
entitled, then the contributory company shall pay to the policy-holder the difference between the amount of that charge and that refund.
this Act that have been satisfied out of the Fund exceed the total amount of additional contributions paid by contributory companies and owners of property under this Act, those companies and owners of property shall pay to the Council the difference between those claims and contributions in proportion to the contributions paid by them in respect of the year commencing on 1st July 1977 and ending on 30th June
1978.
ntion. Moneys due and owing to the Council under section 8 and remaining unpaid shall be included by the Council in and form part of the contribution to be paid by a contributory company or owner of property during the year commencing on 1st July 1978 or such subsequent year as the Council determines.
enks, (1) A person shall not knowingly make a false statement in or any material omission from any application made in accordance with this Act.
(2) The court shall, upon convicting a person on a charge for an offence against subsection (1) where it is satisfied that that person obtained from the Council as a result of the false statement or material omission moneys by way of a refund in accordance with this Act, in addition to any penalty to which he is liable upon conviction, order him to pay to the Council the amount of moneys so obtained.
penalty. (1) A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act.
(2) A person who commits an offence against this Act is liable to a penalty of $200.
nces. A prosecution for an offence against this Act shall be taken by way of summary proceedings under the Justices Act 1886-1975 and may be instituted upon the complaint of a person authorized by the chairman of the Council.
In a proceeding for an offence against this Act it shall not be necessary to prove the authority of the complainant.
e ~ n l ~ t i o ~ $ . The Governor in Council may make regulations not inconsistent with this Act for or with respect to all matters required or permitted by this Act to be prescribed and all matters that in the
4 s. I3 FIRE BRIGADE CHARGES REFUND ACT 1977
opinion of the Governor in Council are necessary or convenient for the proper administration of this Act or to achieve the objects and purposes of this Act.
61 528-By Authority: S. R. HAMPSON, Government Printer, Queensland
I
TO
E
Act-
application of s. 37 of Fire Brigades Act 1964-1976 . . . short title of . . . Additional contribution-
liability of contributory company and owner of property for . . method of obtaining . . .
c
, .
. . . . Consolidated Revenue Fund-
Contributory company- payment when insufficient money in Fund liability of, for additional contribution . ,
liability of, with respect to excess charges
to pay to Council addition payments where Fund is in debit unpaid moneys to form part of contribution by
contributory company and owners of property to pay difference
meanin of term . , . . . . . .
to certifj payment frorn'consolidated Revenue Fund . . . . unpaid moneys to form part of contnbution to . . . meaning of term, . . .
. . . . . Council-
to. . .
District-
meaning of term . . . . . .
F
False statements-
additional payment to be made to Council when person convicted of making . . . making o f . . . . . . . unpaid money from Fund, to be paid into
meaning of term . . . Fire Brigades Precepts Special Fund. See Fund
Fire Brigades Precepts Trust Fund- Fire insurance-
Fund-
. . .
establishment of . . . insufficient money to meet payment . . . meaning of term . . . moneys left after claims . . . payment into by Council . . . payment of refunds. . . . . . . policy-holder entitled to receive money from . . . when in debt, additional payments . . .
G
Governor in Council- may make regulations
I
Interpretation. See meaning of term
s. 2 ( 3 ) . . . . 1 . . . 3 . . . 3 . . .
4 ( 5 ) . . . 3 . . . I . . . 8 . . . 9 . . . 2 ( 2 ) . . . .
8 . . . 2 (2) . . . 4 ( 5 ) . . . 9 . . .
10 (2) . ,
10 (1) . ,
4 (4) . . . 2 (2) . . . 4 (1)
4 ( s i . . . . . 2 ( 1 ) . . . . 4 (4) . . . 4 (2) . . . 4.(3) . . . 5 . . . 8 . . .
13 . . .
Page
1 1 1 1
2 1 2 1 3 3 3 1 2 3
I
3 3 2 I
3
6 INDEX
Meaning of term-
contributory company . . . . council . . . district . . . fire insurance . . . Fund . . . owner of property . . . policy-holder . . .
. . . . . .
. . . . . .
Offences-
generally . . . penalty . . . proceedings for . . .
. . .
Penalty- Policy-holder-
offence against Act . . .
contributory company to pay difference to . . . . entitlement of, to receive money from Fund . . , ,
meaning of term . . . . .
. . . 7 . . . . . . 5 . . . . . . 2 ( 1 ) . . . .
Refunds- Regulations-
payable out of Fund to policy-holder. . . . procedure on application for . . . Governor in Council may make . . .
. . . 4 ( 3 ) . . . . . . . 6 . . . . . . 13 . . .
3
61 528-By Authority: S. R. HAMPSON, Government Printer, Queensland
