Fire Service Act 1979

There is established by this Act a corporation with the corporate name of "State Fire Commission".

The Commission – has perpetual succession; shall have an official seal; may take proceedings, and be proceeded against, in its corporate name; may, subject to this Act, acquire, hold, and dispose of real and personal property; may do and suffer all other things that corporations may, by law, do and suffer and that are necessary for or incidental to the purposes for which it is constituted; and has the functions imposed, and the powers conferred, on it by or under this or any other Act.

The Commission consists of – the Chief Officer; and a chairperson appointed in accordance with section 7A; and a person nominated by the United Firefighters Union (Tasmanian Branch); and a person nominated by the Tasmanian Retained Firefighters Association; and a person nominated by the Tasmanian Volunteer Fire Brigades Association; and a person nominated by the Secretary of the responsible Department in relation to the Financial Management Act 2016; and 2 persons nominated by the Local Government Association of Tasmania.

Subsection (3)(e) does not preclude the Secretary of the responsible Department in relation to the Financial Management Act 2016 from nominating himself or herself as a member of the Commission.

The members of the Commission referred to in paragraphs (b), (c), (d), (e) and (f) of subsection (3) are appointed by the Governor.

The Minister may require a body referred to in paragraph (b), (c), (d) or (f) of subsection (3) to submit a list of names within a specified period, being a period of not less than 30 days.

If a body referred to in paragraph (b), (c), (d) or (f) of subsection (3) fails to comply with subsection (6A), the Minister may nominate a person for the purposes of that paragraph.

If a body referred to in paragraph (b), (c), (d) or (f) of subsection (3) changes its name, the Governor may, by order, amend that paragraph by substituting the body's new name.

If a body referred to in paragraph (b), (c), (d) or (f) of subsection (3) ceases to exist, the Governor, on the recommendation of the Commission, may, by order, amend that paragraph by substituting the name of a body which the Governor is satisfied substantially represents the interests represented by the first-mentioned body.

Schedule 1 has effect with respect to the membership and meetings of the Commission.