Ambulance Service Act 1982

Ambulance Service Act 1982

An Act to provide for the establishment and operation of an ambulance service in this State, to provide for the appointment of a Director of Ambulance Services and for his functions and powers, to provide for related matters, and to amend and repeal certain enactments

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1.   Short title

This Act may be cited as the Ambulance Service Act 1982 .

2.   Commencement

(1)  This section and section 1 shall commence on the day on which this Act receives the Royal Assent.

(2)  Except as provided in subsections (1) and (3) , this Act shall commence on a date to be fixed by proclamation.

(3)  Sections 32 , 33 , 34 , and 35 shall commence on 1st July next following the second commencement date.

3.   Interpretation

[Section 3 Amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 3 Amended by No. 22 of 1987, s. 4 ][Section 3 Amended by No. 59 of 1995, s. 4 ][Section 3 Amended by No. 4 of 1996, s. 4 ]In this Act, except in so far as the context or subject-matter otherwise indicates or requires –

ambulance means a motor vehicle which has been specifically equipped for the provision of first aid to, and the conveyance of, persons suffering from illness, disability, or injury and which has been approved by the Director for that purpose;

Ambulance Service means the Tasmanian Ambulance Service established under this Act;

ambulance services means services relating to the work of rendering first aid to, and the conveyance of, persons suffering from illness or injury;

Commonwealth Acts means –

(a) the Superannuation Industry (Supervision) Act 1993 of the Commonwealth or an Act enacted by the Commonwealth which replaces that Act; and

(b) the Superannuation Entities (Taxation) Act 1987 of the Commonwealth or an Act enacted by the Commonwealth which replaces that Act; and

(c) any other Act enacted by the Commonwealth which relates to superannuation schemes generally;

Constitutional Corporation has the same meaning as in the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

Director means the Director of Ambulance Services holding office under this Act;

equipment includes vehicles, vessels, aircraft, radios, plant, appliances, and other implements used for or in connection with the provision of ambulance services;

functions includes duties;

honorary ambulance officer means a person appointed and holding office under section 16 ;

[Section 3 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000]

[Section 3 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;

officer of the Ambulance Service means a person appointed pursuant to section 14 (2) to provide ambulance services;

private medical establishment means a private medical establishment within the meaning of the Hospitals Act 1918 ;

public street has the meaning assigned to that expression in the Traffic Act 1925 ;

repealed Act means the Ambulance Act 1959;

second commencement date means the date fixed by proclamation under section 2 (2) ;

Superannuation Scheme means the Ambulance Service Superannuation Scheme established by the Ambulance Commission of Tasmania under the repealed Act and known as the Tasmanian Ambulance Service Superannuation Scheme;

third commencement date means 1st July referred to in section 2 (3) ;

trust deed means the trust deed dated 30 June 1992 executed by the Director in relation to the Superannuation Scheme and as amended from time to time;

Trustee means the Constitutional Corporation appointed as trustee of the Superannuation Scheme in accordance with section 41 .

3A.   Act binds Crown

[Section 3A Inserted by No. 105 of 1987, s. 4 ]This Act binds the Crown not only in right of Tasmania but also, so far as the legislative power of Parliament permits, binds the Crown in all of its other capacities.

PART II - Administration

4.   Tasmanian Ambulance Service

[Section 4 Amended by No. 29 of 1984, s. 3 and Sched. 1 ]There is established by this Act an ambulance service to be called the "Tasmanian Ambulance Service" which shall be under the control of the Director and which shall consist of all persons appointed and holding office pursuant to section 14 , 15 (1) , or 16 .

5.   Appointment and incorporation of Director of Ambulance Services

(1)  [Section 5 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The Governor may appoint a person employed under the Tasmanian State Service Act 1984 to be Director of Ambulance Services who is, by this subsection, incorporated as a corporation sole with the corporate name "Director of Ambulance Services".

(2)  [Section 5 Subsection (2) inserted by No. 5 of 1990, s. 3 and Sched. 1 ]The person holding office as Director of Ambulance Services shall hold that office in conjunction with a position or an office under the Tasmanian State Service Act 1984 .

(3)  [Section 5 Subsection (3) omitted by No. 22 of 1987, s. 5 ].  .  .  .  .  .  .  .  

(4)  The Director –

(a) has perpetual succession;

(b) shall have a common seal;

(c) may sue and be sued in his corporate name; and

(d) may do, and be subject to, all other things that corporations may by law do and be subject to and that are necessary for or incidental to the purpose for which he is incorporated.

(5)  All courts, judges, and persons acting judicially shall take judicial notice of the common seal of the Director affixed to a document and shall presume that it was duly affixed.

(6)  [Section 5 Subsection (6) omitted by No. 5 of 1990, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

6.   Functions of Director

(1)  [Section 6 Subsection (1) amended by No. 22 of 1987, s. 6 ]The Director has the following functions:

(a) .  .  .  .  .  .  .  .  

(b) to formulate policy in respect of the administration and operation of the Ambulance Service;

(c) to co-ordinate and direct the development of all ambulance organizations and ambulance services throughout the State;

(d) to standardize, as far as practicable, equipment used or intended to be used throughout the State for or in connection with the provision of ambulance services;

(e) to ensure that effective ambulance services are provided throughout the State;

(f) to develop and maintain training facilities for the use of officers of the Ambulance Service and honorary ambulance officers;

(g) to determine the qualifications required to be held by, and the standards of experience, training, and efficiency required of, officers of the Ambulance Service;

(h) to co-ordinate the provision throughout the State of ambulances and other means of transport for the conveyance of persons suffering from illness or injury;

(i) such other functions as are imposed or conferred on him by or under this Act.

(2)  The Director is responsible for the control and management of the Ambulance Service.

(3)  [Section 6 Subsection (3) omitted by No. 46 of 1991, s. 4 and Sched. 3 ].  .  .  .  .  .  .  .  

(4)  The Director shall take such measures as he considers necessary to ensure the provision of efficient ambulance services throughout the State.

7.   Powers of Director

(1)  [Section 7 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ]The Director has power –

(a) for or in connection with the performance of his functions under this Act to purchase, exchange, take on lease, hold, dispose of by way of lease or sale, or otherwise deal with, property both real and personal; and

(b) to do all things necessary or convenient to be done for or in connection with, or incidental to, the exercise of his powers and the performance of his functions under this Act other than employ persons.

(2)  The Director may, in such circumstances and upon such terms and conditions (including terms and conditions as to payment) as he thinks fit, undertake the conveyance of dead bodies.

(3)  [Section 7 Subsection (3) inserted by No. 41 of 1995, s. 4 ]The Director may establish committees of such persons as the Director considers appropriate for the purposes of assisting the Director in the performance and exercise of the Director's functions and powers.

8.   

[Section 8 Repealed by No. 22 of 1987, s. 7 ].  .  .  .  .  .  .  .  

9.   Director subject to control of Minister

(1)  In the exercise of the powers conferred, and the performance of the functions imposed, on the Director by or under this Act or any other Act, the Director shall be subject to the control of the Minister.

(2)  The Minister may, for the purpose of enabling him to exercise the control referred to in subsection (1) , from time to time give a direction in writing to the Director and the Director shall, subject to this section, exercise the powers conferred, and perform the functions imposed, on him by or under this Act or any other Act in accordance with any such direction.

(3)  The Director is not bound by a direction given under subsection (2) unless the direction is in writing and signed by the Minister.

(4)  The power conferred on the Minister by subsection (2) shall not be exercised so as to –

(a) require the Director to do anything that he is not empowered to do by this Act or any other Act;

(b) prevent the Director from performing any function that he is expressly required by this Act or any other Act to perform, whether conditionally or unconditionally; or

(c) interfere with the formation by the Director of any opinion or belief in relation to any matter that has to be determined as a prerequisite to the performance or exercise by the Director of any of his functions or powers under this Act or any other Act.

10.   Delegation by Director

(1)  The Director may, by instrument in writing, delegate to a person specified in the instrument the performance or exercise of such of the functions and powers under this Act or any other Act (other than this power of delegation) as are specified in the instrument, and may, by instrument in writing, revoke wholly or in part any such delegation.

(2)  A function or power, the performance or exercise of which has been delegated under this section, may, while the delegation remains unrevoked, be performed or exercised from time to time in accordance with the terms of the delegation.

(3)  A delegation under this section may be made subject to such conditions or limitations as to the performance or exercise of any of the functions or powers delegated, or as to time or circumstance, as are specified in the instrument.

(4)  Notwithstanding any delegation under this section, the Director may continue to perform or exercise all or any of the functions or powers delegated.

(5)  Any act or thing done by or to a delegate while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done by or to the Director and shall be deemed to have been done by or to the Director.

(6)  An instrument purporting to be signed by a delegate of the Director in his capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the Director under seal and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the Director under this section.

11.   

[Section 11 Repealed by No. 22 of 1987, s. 8 ].  .  .  .  .  .  .  .  

12.   

[Section 12 Repealed by No. 22 of 1987, s. 9 ].  .  .  .  .  .  .  .  

13.   

[Section 13 Repealed by No. 22 of 1987, s. 10 ].  .  .  .  .  .  .  .  

14.   Officers of Ambulance Service

[Section 14 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ]

(1)  [Section 14 Subsection (1) omitted by No. 22 of 1987, s. 11 ].  .  .  .  .  .  .  .  

(2)  Subject to and in accordance with the Tasmanian State Service Act 1984 , persons may be appointed or employed to enable the Director to provide ambulance services in accordance with this Act.

15.   Staff of Director

[Section 15 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ]

(1)  Subject to and in accordance with the Tasmanian State Service Act 1984 , persons may be appointed or employed for the purpose of providing administrative and clerical assistance to the Director or for carrying out duties other than those performed by persons appointed under section 14 .

(2)  [Section 15 Subsection (2) substituted by No. 5 of 1990, s. 3 and Sched. 1 ]The Secretary of the Department may make arrangements with the Head of another Agency for persons employed in that Agency to be made available to enable the Director to perform the functions of office under this Act, and those persons shall, in conjunction with their positions or offices under the Tasmanian State Service Act 1984 , serve the Director in any capacity.

15A.   

[Section 15A Repealed by No. 5 of 1990, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

16.   Honorary ambulance officers

(1)  The Director may appoint such persons as he thinks necessary to be honorary ambulance officers.

(2)  An honorary ambulance officer –

(a) shall perform, without remuneration, such functions relating to the provision of ambulance services as the Director may from time to time direct; and

(b) shall be subject to the control and supervision of the Director.

17.   Tasmanian Ambulance Clinical Council

[Section 17 Substituted by No. 41 of 1995, s. 5 ]

(1)  There is established a Tasmanian Ambulance Clinical Council.

(2)  The Tasmanian Ambulance Clinical Council consists of such persons as may be determined by the Minister.

(3)  The members of the Tasmanian Ambulance Clinical Council are to be appointed by the Minister and hold office on such terms and conditions, not provided for in this Act, as are determined by the Minister.

(4)  A member of the Tasmanian Ambulance Clinical Council is entitled to be paid such remuneration and allowances as the Minister may determine.

(5)  A member of the Tasmanian Ambulance Clinical Council who is employed under the Tasmanian State Service Act 1984 is not entitled to be paid remuneration and allowances under subsection (4) except with the approval of the Minister administering that Act.

(6)  The Minister must appoint one of the members of the Tasmanian Ambulance Clinical Council to be the chairperson of the Tasmanian Ambulance Clinical Council.

(7)  Such number of members of the Tasmanian Ambulance Clinical Council as the Minister may determine form a quorum at any duly convened meeting of the Tasmanian Ambulance Clinical Council.

(8)  The procedure for the calling of, and for the conduct of business at, meetings of the Tasmanian Ambulance Clinical Council is to be determined by the Tasmanian Ambulance Clinical Council.

18.   Functions of Tasmanian Ambulance Clinical Council

[Section 18 Inserted by No. 41 of 1995, s. 5 ]The Tasmanian Ambulance Clinical Council is to perform such functions as may be determined by the Minister.

19.   

[Section 19 Repealed by No. 22 of 1987, s. 12 ].  .  .  .  .  .  .  .  

20.   

[Section 20 Repealed by No. 22 of 1987, s. 13 ].  .  .  .  .  .  .  .  

PART III - Finances of Director

Division 1 - Funds, accounts, and estimates of expenditure

21.   Funds of Director

(1)  [Section 21 Subsection (1) amended by No. 22 of 1987, s. 14 ]The funds of the Director shall consist of –

(a) money provided by Parliament for the purposes of this Act;

(b) all money derived by the Director from the sale, leasing, hire, or other disposal by the Director of any property which the Director has power to sell, lease, hire, or dispose of;

(c) .  .  .  .  .  .  .  .  

(d) money received by way of fees charged in respect of ambulance services provided by the Director; and

(e) all other money received from any source by the Director.

(2)  The funds of the Director shall be applied only –

(a) in the payment or discharge of the expenses, charges, and obligations incurred or undertaken by the Director in the performance of his functions and the exercise of his powers under this Act; and

(b) in the payment of any remuneration payable under this Act.

22.   Authorised deposit-taking institution accounts

(1)  [Section 22 Subsection (1) amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] [Section 22 Subsection (1) amended by No. 62 of 1996, s. 3 and Sched. 1 ]The Director may open and maintain an account or accounts in the Treasury and with an authorised deposit-taking institution approved by the Treasurer and shall maintain at all times at least one account in the Treasury and at least one account at an authorised deposit-taking institution approved by the Treasurer.

(2)  Any money received by the Director shall be paid into, and any expenditure of the Director shall be drawn from, an account referred to in subsection (1) .

23.   Accounts and records

(1)  The Director shall cause to be kept proper accounts and records of the operations of the Ambulance Service and shall do all things necessary to ensure that all payments from its funds are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Director and over the incurring of liabilities by the Director.

(2)  As soon as practicable after 30th June in each year, the Director shall prepare a statement of accounts, in a form approved by the Auditor-General, exhibiting a true and correct view of the financial position of the Director as at that date and the transactions of the Director with respect to the period of 12 months ending on that date.

24.   Audit

[Section 24 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]The accounts and records of the Director are subject to the Financial Management and Audit Act 1990 .

25.   Temporary accommodation

[Section 25 Amended by No. 62 of 1996, s. 3 and Sched. 1 ][Section 25 Amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] For the temporary financial accommodation of the Director, the Director may obtain advances by overdraft of current account in any authorised deposit-taking institution on the credit of the funds of the Director to such extent as may, from time to time, be approved by the Treasurer.

26.   Expenditure outside Act

The Director may, in any financial year, expend out of the funds of the Director any sum of money, not exceeding in the aggregate the amount prescribed in regulations made under this Act, for any purpose approved by the Minister, notwithstanding that the expenditure may not be authorized under any other provision of this Act.

27.   Annual estimate of expenditure and revenue

[Section 27 Substituted by No. 22 of 1987, s. 15 ]The Director shall, before the commencement of each financial year, submit to the Minister an estimate of the expenditure and revenue of the Director for that financial year in, or in connection with, the administration of this Act.

Division 2 - .  .  .  .  .  .  .  .  

[Part III, Div. 2  Repealed by No. 22 of 1987, s. 16 ]

28.   

[Section 28 Repealed by No. 22 of 1987, s. 16 ].  .  .  .  .  .  .  .  

29.   

[Section 29 Repealed by No. 22 of 1987, s. 16 ].  .  .  .  .  .  .  .  

30.   

[Section 30 Repealed by No. 22 of 1987, s. 16 ].  .  .  .  .  .  .  .  

31.   

[Section 31 Repealed by No. 22 of 1987, s. 16 ].  .  .  .  .  .  .  .  

32.   

[Section 32 Repealed by No. 22 of 1987, s. 16 ].  .  .  .  .  .  .  .  

33.   

[Section 33 Repealed by No. 22 of 1987, s. 16 ].  .  .  .  .  .  .  .  

34.   

[Section 34 Repealed by No. 22 of 1987, s. 16 ].  .  .  .  .  .  .  .  

Division 3 - Amount payable by Treasurer

35.   Amount payable by Treasurer

(1)  The Treasurer shall, in respect of an operating year, pay to the Director, out of money provided by Parliament, an amount that is equal to the difference between the expenditure and the revenue specified in the estimate approved by the Minister under section 27 .

(2)  The payment to be made by the Treasurer under subsection (1) shall be made as soon as practicable after the commencement of the operating year in respect of which the payment relates.

(3)  For the purposes of this section,

operating year means the financial year commencing on 1st July 1983 and each subsequent financial year.

PART IV - Miscellaneous

36.   Fees for ambulance services

(1)  [Section 36 Subsection (1) substituted by No. 22 of 1987, s. 17 ][Section 36 Subsection (1) amended by No. 46 of 1991, s. 4 and Sched. 2 ][Section 36 Subsection (1) amended by No. 59 of 1995, s. 5 ][Section 36 Subsection (1) amended by No. 42 of 1996, s. 3 and Sched. 1 ]Where any ambulance services are provided to any person by the Director, a fee determined in accordance with the scale of fees prescribed in the regulations under this Act is payable to the Director by or on behalf of that person if that person is entitled to recover that fee under the Workers Rehabilitation and Compensation Act 1988 , the Motor Accidents (Liabilities and Compensation) Act 1973 , the Veterans' Entitlements Act 1986 of the Commonwealth or any other enactment.

(1A)  [Section 36 Subsection (1A) inserted by No. 59 of 1995, s. 5 ]The Minister may enter into an arrangement or agreement with the Minister responsible for the administration of the Veterans' Entitlements Act 1986 of the Commonwealth in relation to the payment of fees for ambulance services provided under this Act.

(2)  [Section 36 Subsection (2) substituted by No. 105 of 1987, s. 5 ][Section 36 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 36 Subsection (2) amended by No. 59 of 1995, s. 5 ]A fee determined in accordance with the scale of fees prescribed in the regulations under this Act is payable to the Director for the conveyance of a patient from one hospital or institution, being –

(a) [Section 36 Subsection (2) amended by No. 13 of 1997, Sched. 4, Applied:01 Jul 1997] a hospital maintained and operated by or on behalf of the State; or

(b) a hospital operated by the Commonwealth or a public authority of the Commonwealth; or

(c) a private medical establishment licensed as a hospital under the Hospitals Act 1918 ; or

(d) [Section 36 Subsection (2) amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] an approved hospital within the meaning of the Mental Health Act 1996  –

to another such hospital or institution.

(2A)  [Section 36 Subsection (2A) inserted by No. 59 of 1995, s. 5 ]A fee determined in accordance with the scale of fees prescribed is payable for –

(a) the return conveyance of a patient from a hospital or institution referred to in subsection (2) to a place at which diagnostic or other health services are provided to the patient; and

(b) the conveyance of a patient from a hospital referred to in subsection (2) (c) to any other place.

(2B)  [Section 36 Subsection (2B) inserted by No. 59 of 1995, s. 5 ]The Director is to waive all or part of a fee payable under this section if –

(a) the conveyance is of a newborn child up to and including the age of 28 days; or

(b) the Director is satisfied that it is appropriate to do so after taking into account any matter determined by the Tasmanian Ambulance Clinical Council.

(3)  [Section 36 Subsection (3) substituted by No. 22 of 1987, s. 17 ]The Director may recover a fee payable to him under this section in a court of competent jurisdiction as a debt due to him.

(4)  [Section 36 Subsection (4) inserted by No. 34 of 1985, s. 3 ][Section 36 Subsection (4) amended by No. 22 of 1987, s. 17 ][Section 36 Subsection (4) amended by No. 59 of 1995, s. 5 ]The fee for the conveyance of patients referred to in subsection (2) or (2A) is payable by the hospital or institution, as the case may be, from which the patient is conveyed.

(5)  [Section 36 Subsection (5) inserted by No. 34 of 1985, s. 3 ][Section 36 Subsection (5) amended by No. 22 of 1987, s. 17 ]A fee is payable to the Director on and after the appointed day, by any nursing home wholly or partly maintained by the State or any hospital wholly or partly maintained by the State, other than a hospital referred to in subsection (2) , for the conveyance, on and after that day, of persons from that nursing home or hospital to another such nursing home or hospital.

(6)  [Section 36 Subsection (6) added by No. 34 of 1985, s. 3 ]The Governor may, by order, fix an appointed day for the purposes of subsection (5) .

36A.   Quality Assurance Committees

[Section 36A Inserted by No. 41 of 1995, s. 6 ]

(1)  The Minister, by notice published in the Gazette, may declare that a specified committee established by the Director is an approved quality assurance committee for the purposes of this Act and by like notice may revoke the declaration.

(2)  The Minister must not make a declaration under subsection (1) unless satisfied –

(a) that the committee is established by the Director; and

(b) that the committee's functions include the assessment and evaluation of the quality of ambulance services provided by the Director; and

(c) that the carrying out of the committee's functions and powers would be facilitated by the provision of immunities afforded by this section in respect of its proceedings; and

(d) that it is in the public interest that persons be prohibited from disclosing information given to the committee in the course of the performance of its functions.

(3)  A person who is or has been a member of a committee in respect of which a declaration under subsection (1) has been made must not either directly or indirectly –

(a) make a record of or divulge or communicate to any person any information gained by or conveyed to that person as such a member while the declaration was in force; or

(b) make use of any such information –

except to the extent necessary for the performance of the functions of that committee or of the person as such a member.

Penalty:  Fine not exceeding 50 penalty units.

(4)  A person who is or has been a member of a committee in respect of which a declaration under subsection (1 ) has been made is not required –

(a) to produce before any court, tribunal, board, agency or person any document in the person's possession or under the person's control as such a member while the declaration was in force; or

(b) to divulge or communicate to any court, tribunal, board, agency or person any matter or thing coming under the person's notice as such a member while the declaration was in force.

(5)  Subsections (3) and (4) apply to a person who prepares or has prepared information or documents concerning the proceedings, or for the purposes, of a committee in respect of which a declaration under subsection (1) has been made as if that person is or was a member of the committee.

(6)  Evidence of any information or document relating to the proceedings, or prepared for the purposes, of a committee at any time when a declaration under subsection (1) was in force in respect of it is not admissible in any action or proceedings before any court, tribunal, board, agency or person.

(7)  If there is an inconsistency between this section and a provision of any other Act or law, this section prevails to the extent of the inconsistency.

37.   Unauthorized provision of ambulance services

(1)  [Section 37 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person shall not provide ambulance services similar to the services provided by the Director under this Act without the written consent of the Director and except in accordance with such conditions (if any) as the Director may from time to time impose in relation to the provision of ambulance services by that person.

Penalty:   Fine not exceeding 20 penalty units.

(2)  The Director may revoke any consent given, or revoke or vary any condition imposed, under subsection (1) .

(3)  Subsection (1) does not apply to –

(a) St John Ambulance – Tasmania in respect of operations similar to the operations lawfully carried on by that body immediately before the second commencement date; or

(b) any prescribed person or class of persons.

38.   Assistance to existing ambulance services

(1)  Where immediately before the second commencement date any person, other than an ambulance board constituted under the repealed Act, is providing ambulance services in any area, the Director may furnish to that person such assistance as the Director considers necessary to enable that person to continue to provide ambulance services in that area.

(2)  The assistance which may be provided by the Director under subsection (1) may take the form of –

(a) a grant to a person referred to in that subsection for the purchase of equipment to replace any equipment used by that person in the provision of ambulance services in the area in which the Director considers those ambulance services should continue to be provided by that person; or

(b) contributions towards the expenses incurred, or advances by way of loan to meet any expenditure incurred, by that person in providing ambulance services in that area.

(3)  The amount of a grant referred to in subsection (2) (a) made by the Director shall not exceed 50 per cent of the amount paid by the person providing ambulance services in the area referred to in subsection (1) for the purchase of equipment to replace the equipment used by that person in the provision of ambulance services.

39.   Representation of vehicles as ambulances

[Section 39 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who drives or has charge of in a public street, or who allows any other person to drive or have charge of in a public street, a motor vehicle, other than an ambulance, that is marked with the word "ambulance" in such a manner as to indicate, or bears any inscription that indicates, that the motor vehicle is suitable or available for use for the conveyance of persons suffering from illness or injury is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.

40.   False ambulance calls

(1)  [Section 40 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who, by any false pretence, causes a motor vehicle provided by the Director to attend at any place is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months.

(2)  Where a person is convicted by a court of causing, by false pretence, a motor vehicle provided by the Director to attend at any place, the court may, in addition to imposing the penalty referred to in subsection (1) , order that person to pay the cost incurred by the Director in providing a motor vehicle to attend at that place as a result of that false pretence.

40A.   Provisions relating to employment

[Section 40A Inserted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 40A Subsection (2) amended by No. 42 of 1996, s. 3 and Sched. 1 ]

(1)  [Section 40A Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The salaries, wages, and allowances payable to all persons appointed or employed pursuant to sections 14 and 15 shall be payable by the Director out of the Director's funds.

(2)  [Section 40A Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ]For the purposes of the Workers Rehabilitation and Compensation Act 1988 the Board shall be deemed to be the employer of all persons appointed or employed pursuant to sections 14 and 15 .

41.   Trust deed

[Section 41 Inserted by No. 4 of 1996, s. 5 ]A Constitutional Corporation must be appointed as trustee of the Superannuation Scheme in accordance with the trust deed.

41A.   Administration of Superannuation Scheme

[Section 41A Inserted by No. 4 of 1996, s. 5 ]The Trustee is to administer the Superannuation Scheme in accordance with –

(a) the trust deed; and

(b) the Commonwealth Acts.

41B.   Transfer of funds, &c., of Superannuation Scheme

[Section 41B Inserted by No. 4 of 1996, s. 5 ]

(1)  On 29 June 1996, any funds in the Superannuation Scheme which are held or administered by, and any assets and liabilities of or attached to the Superannuation Scheme which are vested in or held by, the Director immediately before that day are held or administered by, or vested in or held by, the Trustee.

(2)  No stamp duty or other fee or charge is payable under any Act in respect of the transfer of funds, assets and liabilities, or any other thing done, by or under subsection (1) .

42.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  [Section 42 Subsection (2) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 42 Subsection (2) amended by No. 4 of 1996, s. 6 ]Without limiting subsection (1) , the regulations may –

(a) prescribe a scale of fees payable in respect of ambulance services (including the conveyance of dead bodies) provided by the Director;

(b) prescribe the charges to be made in respect of ambulance services provided by persons referred to in section 37 (1) ;

(c) provide for the payment of a special allowance or gratuity to any person in respect of voluntary or special services rendered by that person to the Director;

(d) provide for the establishment and management of a provident fund and the benefits payable out of that fund to –

(i) an officer of the Ambulance Service; and

(ii) a person who has been an officer of the Ambulance Service; and

(iii) a person who is or has been a spouse or dependant of a person referred to in subparagraph (i) or (ii) ;

(e) provide all matters incidental to the establishment and management of a provident fund and payments into and out of that fund; and

(f) .  .  .  .  .  .  .  .  

(g) .  .  .  .  .  .  .  .  

(h) .  .  .  .  .  .  .  .  

(i) .  .  .  .  .  .  .  .  

(j) .  .  .  .  .  .  .  .  

(k) prescribe the methods of training of officers of the Ambulance Service and honorary ambulance officers.

(3)  [Section 42 Subsection (3) omitted by No. 4 of 1996, s. 6 ].  .  .  .  .  .  .  .  

(4)  [Section 42 Subsection (4) omitted by No. 4 of 1996, s. 6 ].  .  .  .  .  .  .  .  

(5)  Regulations under this section may be made subject to such conditions, or be made so as to apply differently according to such factors, as may be specified in the regulations, or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.

(6)  [Section 42 Subsection (6) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Regulations under this section may provide that it is an offence, punishable on summary conviction, for a person to contravene, or fail to comply with, any of the regulations and may provide in respect of any such offence for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 0·2 penalty unit for each day during which the offence continues.

(7)  A regulation under this section may authorize any matter or thing to be from time to time determined, applied, or regulated by any person specified in the regulation.

43.   

[Section 43 Repealed by No. 22 of 1987, s. 18 ].  .  .  .  .  .  .  .  

44.   

[Section 44 Repealed by No. 22 of 1987, s. 19 ].  .  .  .  .  .  .  .  

45.   

[Section 45 Repealed by No. 68 of 1994, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

46.   Repeal

The Acts specified in Schedule 8 are repealed.

47.   

[Section 47 Amended by No. 49 of 1983, s. 5 ][Section 47 Repealed by No. 22 of 1987, s. 20 ].  .  .  .  .  .  .  .  

SCHEDULE 1

[Schedule 1 Amended by No. 29 of 1984, Sched. 1 ][Schedule 1 Repealed by No. 5 of 1990, s. 3 and Sched. 1 ]

SCHEDULE 2

[Schedule 2 Amended by No. 29 of 1984, Sched. 1 ][Schedule 2 Repealed by No. 22 of 1987, s. 21 ]

SCHEDULE 3

[Schedule 3 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ]

SCHEDULE 4

[Schedule 4 Amended by No. 29 of 1984, Sched. 1 ][Schedule 4 Repealed by No. 41 of 1995, s. 7 ]

SCHEDULE 5

[Schedule 5 Amended by No. 29 of 1984, Sched. 1 ][Schedule 5 Repealed by No. 22 of 1987, s. 22 ]

SCHEDULE 6

[Schedule 6 Amended by No. 1 of 1983, s. 3 ][Schedule 6 Repealed by No. 22 of 1987, s. 23 ]

SCHEDULE 7

[Schedule 7 Repealed by No. 22 of 1987, s. 24 ]

SCHEDULE 8 - Acts Repealed

Section 46