Section 132 — Powers of the Monitor — Fire Rescue Victoria Act 1958 (Victoria) — Barrister AI

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Section 132 — Powers of the Monitor — Fire Rescue Victoria Act 1958 (Victoria) — Barrister AI

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s 1Short title and commencement s 2Purposes s 2AObjectives relating to interaction between fire services agencies s 3Definitions s 4Fire Rescue Victoria fire district s 4AFire District Review Panel s 4BFire District Review Panel is a public entity s 4CAppointment of members of the Fire District Review Panel s 4DResignation of members of the Fire District Review Panel s 4ECeasing to hold office—removal s 4FRole of the Fire District Review Panel s 4GReview of the Fire Rescue Victoria fire district s 4HSecretary may recommend a review of the Fire Rescue Victoria fire district s 4INotice of review of the Fire Rescue Victoria fire district s 4JObject and procedures relating to review s 4KProcedures if Fire District Review Panel considers that there is a change in fire risk s 4LReport of review s 4MMinister's determination on review s 4NEffect of Minister's determination s 5Duties and powers of councils and public authorities in relation to fire s 5AMunicipal fire prevention officers and assistants s 6Fire Rescue Victoria s 7Functions of Fire Rescue Victoria s 7AADuty to assist in major emergency s 7AObjective s 7ABEmergency Management Victoria s 7ACCompliance with operational standards of Emergency Management Commissioner s 7ADReport on compliance with operational standards developed by the Emergency Management Commissioner s 7AEStrategic Action Plan s 7BCompliance with incident management operating procedures s 7CFire Rescue Commissioner and Deputy Fire Rescue Commissioners s 8Accountability of Fire Rescue Victoria and the Fire Rescue Commissioner s 9Appointment of Fire Rescue Commissioner s 9ADeputy Fire Rescue Commissioners s 9BCeasing to hold office s 9CResignation s 9DRemoval from office s 9ESuspension from office s 9FActing Fire Rescue Commissioner s 9GActing Deputy Fire Rescue Commissioner s 12Application of Public Administration Act 2004 s 16Decisions not affected by certain matters s 17Immunity of Fire Rescue Commissioner s 21Conflicts of interest s 24Power to purchase and sell property s 24APower to acquire land s 24BPower of delegation s 25AGeneral powers of Fire Rescue Victoria s 25BEmployees of Fire Rescue Victoria s 25CSecondment agreements s 26Formation of units s 27Copies of annual report and special report s 31ADelegation of powers by Fire Rescue Commissioner s 32Powers of access s 32AADuty to warn the community s 32AMeaning of alarm of fire s 32BAction on alarm of fire s 32CDestruction of building by Fire Rescue Victoria s 32DFalse alarm of fire s 33False report of fire s 33AStrategic Advisory Committee s 33BAppointment of members of the Strategic Advisory Committee s 33CStrategic Advisory Committee is a public entity s 33DResignation of members of the Strategic Advisory Committee s 33ECeasing to hold office—removal s 33FRole of the Strategic Advisory Committee s 33GStrategic Advisory Committee terms of reference s 34Power to make regulations s 36Annual estimate of expenditure and revenue s 37Contributions towards annual expenditure s 46Borrowing by Fire Rescue Victoria s 47Power of Minister in case of default s 47AGuarantee of debentures of Fire Rescue Victoria s 51Fire Rescue Victoria may establish funds s 51AInvestment by Fire Rescue Victoria s 52Units to be registered s 54Damage to be covered by fire insurance s 54AImmunity from certain liabilities s 55AFire Rescue Victoria may provide rescue and extrication services s 55BFire Rescue Victoria may provide road accident rescue services s 55CFire Rescue Victoria may provide protection services s 55DFire Rescue Victoria may provide emergency prevention and response services s 55EActivities outside Fire Rescue Victoria fire district s 56Extension and application of Act s 58Removal of persons from burning premises s 59Rights to water s 60Collection of contributions for units s 61Police to aid Units s 64Regulation of height of buildings s 66ARecovery of charges for services s 71Place where fire occurs s 71ARestriction of access to fire area s 72Fire Rescue Victoria or unit may carry out fire prevention work s 72AInterstate fire brigades and international fire brigades s 75Documents signed by Fire Rescue Commissioner to be evidence s 75AOffences relating to impersonation s 75BDamage or interference with fire indicator panel or other apparatus s 75CObstruction of officers and damage to apparatus s 76AEvidence of ownership or occupancy s 77Recovery and application of penalties s 78Alarm monitoring service to provide prescribed information s 78AOffences by officers or members s 78BLaying of charges s 78CHearing of charges s 78DDecision of Fire Rescue Commissioner s 78EPay while suspended s 79Fire Rescue Victoria Appeals Commission s 79AFunction of the Commission s 79BMembership of Commission s 79CTerm of appointment s 79DRemuneration and allowances s 79EApplication of Public Administration Act 2004 s 79FVacancies s 79GAnnual report of the Commission s 79HRights of appeal s 79ICertain appeals to be by way of rehearing s 79JProceedings of the Commission s 79KAssistants in proceedings s 79LProcedure on appeal s 79MCommission powers on appeal s 79NCosts s 79OAppeals against transfer s 79PPromotion appeals s 79QDetermination of Commission s 79RFire Rescue Victoria to give effect to determination s 79SEvidence of determination s 80Definition s 81Entitlement to long service leave s 81APayment in lieu of long service leave s 82Leave not to affect Fire Rescue Victoria's activities s 84Provision in case of death before or during long service leave s 87Fire prevention notices s 88Service of notices s 89Objection to notices s 90Appeal against notices s 91Compliance with notices s 92Fire prevention infringement notices s 93Issue of notices s 94Supreme Court—limitation of jurisdiction s 94ACausing fire in the Fire Rescue Victoria fire district in extreme conditions of weather etc. an offence s 94BCausing fire in the Fire Rescue Victoria fire district with intent to cause damage etc.s 94CDirection not to light fire s 94DPower of Fire Rescue Victoria to close roads s 94EPower to direct extinguishment of fire s 94FPower to arrest s 95Superseded references s 96Metropolitan Fire Brigades Board s 97Chief Fire Officer s 98Transitional—appeals s 98ADefinitions s 99Fire Rescue Victoria s 100Fire Rescue Commissioner s 101Transfer of staff s 102Transfer of Country Fire Authority staff s 103Transfer of other Country Fire Authority staff s 104Superseded references s 105Minister may direct Country Fire Authority to give an allocation statement s 106Property, rights, liabilities and obligations allocated in accordance with allocation statement s 107Allocation subject to encumbrances s 108Substitution of party to agreement s 109Country Fire Authority instruments s 110Proceedings s 111Interests in land s 112Easements s 113Action by Registrar of Titles s 114Taxes s 115Evidence s 116Validity of things done under the transitional provisions s 117Transitional provision relating to insignias s 118Transitional provision relating to Metropolitan Fire and Emergency Services Appeals Commission s 120Renaming of Act—Savings provision s 121Definitions s 122Establishment s 123Appointment s 124Remuneration and allowances s 125Terms and conditions s 126Acting appointment s 127When Monitor ceases to hold office s 128Suspension and removal s 129Independence of the Monitor s 130Preparation, tabling and publication of Implementation Plan s 131Functions of the Monitor s 132Powers of the Monitor s 133Performance of functions of the Monitor s 134Power to require information to be given s 135Power of entry and inspection s 136Duty to cooperate s 137Constraints on access to information not to apply s 138Use and disclosure of information s 139Secretary may provide assistance s 140Fire Rescue Victoria and the Country Fire Authority to prepare outcomes frameworks and quarterly updates s 141Quarterly report to be prepared by the Monitor about updates s 142Reports prepared by the Monitor s 143Review of this Part s 144Regulations s 145Repeal of sections 121 to 144 s 146Transitional provision s 147Definitions s 148Firefighters Registration Scheme s 149Establishment of Firefighters Registration Board s 150Appointment of members of the Firefighters Registration Board s 151When member ceases to hold office s 152Removal from office s 153Independence of the Firefighters Registration Board s 154Functions of the Firefighters Registration Board s 155Validity of acts s 156Powers of Firefighters Registration Board s 157Use and disclosure of information s 158Reports prepared by the Firefighters Registration Board s 159Regulations

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132

Powers of the Monitor

Current

132 Powers of the Monitor

The Monitor has all the powers necessary to perform the Monitor's functions.

S. 133 inserted by No. 20/2019 s. 85.

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