Thursday, 15 May 2025

Fire Services Property Amendment (Emergency Services and Volunteers Fund) Bill 2025

Assembly’s amendments

The PRESIDENT (01:41): I have received a message from the Legislative Assembly:

The Legislative Assembly returns to the Legislative Council ‘A Bill for an Act to amend and change the title of the Fire Services Property Levy Act 2012 to expand the coverage of that Act to emergency services and volunteers, to make consequential amendments to other Acts and for other purposes’ and informs the Council that the Assembly has made the suggested amendments with which agreement is requested.

Amendments as follows:

1. Clause 6, page 4, lines 27 and 28, omit “Forest Fire Management Victoria” and insert “emergency management”.

2. Clause 6, page 4, after line 28 insert –

“Examples

1 Functions of Emergency Management Victoria, the Emergency Management Commissioner, the Chief Executive, Emergency Management Victoria and the Secretary to the Department of Justice and Community Safety in relation to emergency management include operation of the following –

• the State Control Centre;

• Emergency Recovery Victoria;

• the Emergency Alert Program in Victoria;

• the Emergency Management Operational Communication Program.

2 Functions of the Secretary within the meaning of section 3(1) of the Forests Act 1958 in relation to emergency management include functions delegated to the Chief Fire Officer employed under that Act.”.

3. Clause 13, page 9, line 4, after “recipient” insert “other than the CFA, Fire Rescue Victoria and VicSES”.

4. Clause 13, page 9, line 6, omit “exceeding –” and insert “exceeding 95%.”.

5. Clause 13, page 9, lines 7 to 9, omit all words and expressions on those lines and insert –

‘(2B) The percentage of the annual funding requirements of the CFA and VicSES that are to be funded by the levy in a levy year is 95%.

(2C) The percentage of the annual funding requirements of Fire Rescue Victoria that are to be funded by the levy in a levy year is 90%.”.’.

6. Clause 13, page 9, after line 14 insert –

‘(4) After section 12(5) of the Principal Act insert –

“(5A) The Minister must specify in a notice of a determination in respect of the next levy year under subsection (1) –

(a) for each funding recipient –

(i) an estimate of the amount in dollars of the funding requirements of the funding recipient that are to be funded by the levy in that levy year; and

(ii) the percentage of the funding requirements of the funding recipient that the amount in subparagraph (i) represents; and

(b) an estimate of the amount of levy to be collected in that levy year for each land use classification specified in section 15(1); and

(c) that there is no duplication of funding.”.’.

7. Insert the following New Clause to follow clause 17 –

‘17A New section 62A inserted

After section 62 of the Principal Act insert –

“62A Proceeds of levy

The proceeds of levy collected under this Act must not exceed the sum of –

(a) the amounts applied to fund the funding recipients in accordance with section 12(2A), (2B) and (2C); and

(b) the administrative costs incurred in the performance of functions under this Act.”.’.

8. Clause 22, line 9, omit “determined under” and insert “specified in”.

9. Clause 22, line 10, omit “12(2A)” and insert “12(2B)”.

10. Clause 22, line 20, omit “determined under” and insert “specified in”.

11. Clause 22, line 21, omit “12(2A)” and insert “12(2C)”.

Harriet SHING (Eastern Victoria – Minister for the Suburban Rail Loop, Minister for Housing and Building, Minister for Development Victoria and Precincts) (01:42): I move:

That the message be referred to the committee of the whole on the bill forthwith.

Motion agreed to.

Committed.

Committee

Resumed.

The DEPUTY PRESIDENT: The committee will now deal with postponed clauses to which amendments were suggested by the Council. The Assembly have notified by message that they have agreed to make the amendments suggested by the Council.

Postponed clause 6 further considered (01:43)

The DEPUTY PRESIDENT: The question is:

That clause 6, as amended by the Assembly on the suggestion of the Council, stand part of the bill.

Amended clause agreed to.

Postponed clause 13 further considered (01:43)

The DEPUTY PRESIDENT: The question is:

That clause 13, as amended by the Assembly on the suggestion of the Council, stand part of the bill.

Amended clause agreed to.

New clause 17A further considered (01:43)

The DEPUTY PRESIDENT: The question is:

That new clause 17A, as inserted by the Assembly on the suggestion of the Council, stand part of the bill.

New clause agreed to.

Postponed clause 22 further considered (01:44)

The DEPUTY PRESIDENT: The question is:

That clause 22, as amended by the Assembly on the suggestion of the Council, stand part of the bill.

Amended clause agreed to.

Reported to house with amendments made by the Assembly on the suggestion of the Council, without further amendment.

Jaclyn SYMES (Northern Victoria – Treasurer, Minister for Industrial Relations, Minister for Regional Development) (01:45): I move:

That the report be now adopted.

Motion agreed to.

Report adopted.

Third reading

Jaclyn SYMES (Northern Victoria – Treasurer, Minister for Industrial Relations, Minister for Regional Development) (01:45): I move:

That the bill be now read a third time and do pass.

David DAVIS (Southern Metropolitan) (01:45): President, I want to thank the minister for taking on notice a number of points, and I look forward to some of that material coming forward.

The PRESIDENT: I am of the opinion that the third reading of this bill requires an absolute majority. The question is:

That the bill be now read a third time.

Council divided on question:

Ayes (22): Ryan Batchelor, John Berger, Lizzie Blandthorn, Katherine Copsey, Enver Erdogan, Jacinta Ermacora, David Ettershank, Michael Galea, Anasina Gray-Barberio, Shaun Leane, Sarah Mansfield, Tom McIntosh, Rachel Payne, Aiv Puglielli, Georgie Purcell, Harriet Shing, Ingrid Stitt, Jaclyn Symes, Lee Tarlamis, Sonja Terpstra, Gayle Tierney, Sheena Watt

Noes (17): Melina Bath, Jeff Bourman, Gaelle Broad, Georgie Crozier, David Davis, Moira Deeming, Renee Heath, Ann-Marie Hermans, David Limbrick, Wendy Lovell, Trung Luu, Bev McArthur, Joe McCracken, Nick McGowan, Evan Mulholland, Rikkie-Lee Tyrrell, Richard Welch

Question agreed to by absolute majority.

The PRESIDENT: The question is:

That the bill do pass.

Question agreed to.

Read third time.

The PRESIDENT: Pursuant to standing order 14.28, the bill will be returned to the Assembly with a message informing them that the Council has agreed to the bill, including amendments made by the Assembly on the suggestion of the Council, without further amendment.