Metropolitan Fire Brigades (Contributions) Regulations 2009FILE/09-63sr002.docx · Web viewOCPC Victoria, Word 2007, Template Release 29/06/2018B (PROD)

Version No. 002

Metropolitan Fire Brigades (Contributions) Regulations 2009

S.R. No. 63/2009

Version as at3 April 2013

TABLE OF PROVISIONSRegulation Page

1 Objectives 12 Authorising provision 13 Commencement 14 Revocation of Regulations 15 Municipal council returns 16 Insurance company returns 27 Owners and brokers returns 28 Portion of premium subject to contribution 2

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SCHEDULES 4

SCHEDULE 1—Return of Net Annual Value as at 1 July 4

SCHEDULE 2—Premium Return for the Year Ended 30 June 5

SCHEDULE 3—Return 10

SCHEDULE 4—Portion of Total Premium Subject to Contribution 11

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ENDNOTES 13

1. General Information 13

2. Table of Amendments 14

3. Explanatory Details 15

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Version No. 002


S.R. No. 63/2009

Version as at3 April 2013

1 Objectives

The objectives of these Regulations are—

(a) to identify the classes of insurance policies that have a fire component; and

(b) to prescribe the portions of the premiums of those classes of insurance that are attributable to insurance against fire; and

(c) to prescribe the form of returns required under the Metropolitan Fire Brigades Act 1958.

2 Authorising provision

These Regulations are made under section 34 of the Metropolitan Fire Brigades Act 1958.

3 Commencement

These Regulations come into operation on 7 June 2009.

4 Revocation of Regulations

The Metropolitan Fire Brigades (Contributions) Regulations 19991 are revoked.

5 Municipal council returns

For the purposes of section 38(c) of the Metropolitan Fire Brigades Act 1958, the prescribed form of a return furnished to the Board by a municipal council is the form set out in Schedule 1.

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6 Insurance company returns

For the purposes of section 40(1) of the Metropolitan Fire Brigades Act 1958, the prescribed form of a return lodged with the Board by an insurance company is the form set out in Schedule 2.

7 Owners and brokers returns

For the purposes of section 44A(2) of the Metropolitan Fire Brigades Act 1958, the prescribed form of a return lodged with the Board by an insurance intermediary or property owner is the form set out in Schedule 3.

8 Portion of premium subject to contribution

(1) The portion of the premium payable for an insurance or class of insurance that is properly attributable to insurance against fire within the metropolitan district is the portion set out in column 3 of Schedule 4 opposite the corresponding insurance or class of insurance in column 2 of that Schedule.

(2) In this regulation premium—

(a) includes—

(i) a premium or extra premium received for all extensions to a class of insurance for extraneous risks of any kind; and

(ii) all administration charges; and

(iii) fire service levies; and

(b) does not include—

(i) an individual premium received solely in respect of combined fire and hail insurance on growing crops; and

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r. 6

(ii) however designated, liability, crime, plate glass, boiler explosion, motor vehicle, motorcycle, transit (excluding any static portion), marine hull, aviation hull, personal accident, livestock, and pluvius insurances; and

(iii) if fire is an excluded peril, electronic or machinery breakdown and general property insurance; and

(iv) a part of a premium for a class of policy that is subject to contribution if that part relates solely to an extension of the policy to include any other insurance referred to in subparagraphs (i), (ii) and (iii) in which the risk of fire is not an insured peril, and if the extension—

(A) is offered and given as an optional extra; and

(B) has a separate premium allocation; and

(C) is exclusive of all other policy sections.

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SCHEDULES

SCHEDULE 1Metropolitan Fire Brigades Act 1958

Regulation 5

RETURN OF NET ANNUAL VALUE AS AT 1 JULYUnder section 38 of the Metropolitan Fire Brigades Act 1958

This return is made on behalf of the [insert name of Municipal Council]

I, [insert name] certify that the net annual value of the rateable property in the Municipal District of the Council that is within the Metropolitan Fire District as shown by the Council's latest valuation of rateable land (being the valuation as at 1 July ) is dollars cents ($ ).

Signature:

Printed Name:

Date:

Chief Executive Officerof [insert name of Municipal Council]

__________________

Sch. 1 S.R. No. 63/2009


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Regulation 6

PREMIUM RETURN FOR THE YEAR ENDED 30 JUNEUnder section 40 of the Metropolitan Fire Brigades Act 1958

The portion of the total amount of gross premiums received by or due to—

Name of Company: ACN/ABN:

of Address:

Billing Address:

Contact Name: Tel. No.:

Email:

during the financial year ended 30 June (including any commission or discount) compiled in conformity with the prescribed portions of premiums properly attributable to insurance against fire in respect of property within the metropolitan fire district as set out in Schedule 4 of the Metropolitan Fire Brigades (Contributions) Regulations 2009 is $ [in words to the nearest dollar]. This amount was calculated from the following information—

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6

Item

Classes of insurance subject to contribution

Total amount of premium received or due in Victoria

Total amount of premium received or due outside Victoria or overseas

Total of columns 3 and 4

Amount of premium subject to contri-bution

1 any insurance on property that includes insurance against fire (whether expressly or otherwise and

Sch. 2 S.R. No. 63/2009


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Item






whether or not extended to include other risks) and includes consequential loss, business interruption insurance or other similar classes of insurance but does not include any insurance of a class specified in item 2, 3, 4, 5 or 6 $ $ $ $

2 any insurance on property construction or engineering installation or both that includes insurance against fire (whether expressly or otherwise and whether or not extended to include other risks) and includes

Sch. 2 S.R. No. 63/2009


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Item






consequential loss, business interruption, contractors' plant and machinery insurance or other similar or associated insurance $ $ $ $

3 any insurance that solely covers risks that otherwise would be insured under item 1, 2 or 6 $ $ $ $

4 domestic and residential insurance but excluding where rated separately and offered and given as an optional extra all premiums received for personal property or personal items insurance or both that must be included under item 5 $ $ $ $

Sch. 2 S.R. No. 63/2009


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Item






5 any insurance that solely covers personal property or personal items or both (excluding any insurance of a class specified in item 1, 2, 3, 4 or 6) $ $ $ $

6 the static risk portion of the premium for any marine class of insurance or any other class of insurance that is confined to perils of the sea or air or confined to risks involving transportation on land or in the air (excluding storage incidental to transportation by sea, land or air)

Sch. 2 S.R. No. 63/2009


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Item






(static risk includes all movements of goods, stock or material associated with processing or storage operations at any place) $ $ $ $

I [insert name] am the *Manager/Secretary/Agent of the Company and I declare that according to the books of the Company and to the best of my knowledge and belief this return contains a true statement of the amount of gross premiums received by, or due to, the Company during the preceding financial year.

I further declare that in accordance with section 40(4) of the Metropolitan Fire Brigades Act 1958 the amount of fire service levy collected by the company in the financial year ended 30 June in the year totals $ for items 1, 2, 3 and 6 and $ for items 4 and 5.

I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury.

Declared at this day

of in the year

before me [insert name], a person authorised to take a statutory declaration in the place where this declaration is made.

* delete if not applicable

__________________

Sch. 2 S.R. No. 63/2009


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Regulation 7

RETURNUnder section 44A of the Metropolitan Fire Brigades Act 1958

Name of Company: ACN/ABN:

of Address:

Billing Address:

Contact Name: Tel. No.:

Email:

being *an insurance intermediary/the owner of the property insured certify that the total amount of the premium (including any commission or discount) of dollars cents ($ ) was paid to the Insurance Company on / / to *effect/renew the policy of insurance detailed below with respect to property in the metropolitan fire district

Policy in the name of:

Policy Number: Insurance or Class of Insurance:

Address of Property:(attach list if necessary)

Sum Insured: $ Excess/Deductible: $

Attachment Date: / / Expiry Date: / /

and I further certify that the portion of the total premium that is properly attributable to insurance against fire as set out in Schedule 4 to the Metropolitan Fire Brigades (Contributions) Regulations 2009 is $ and as required, I enclose $ being the amount of contribution calculated in accordance with section 44A of the Metropolitan Fire Brigades Act 1958.

Signed Date / /

* delete if not applicable

__________________

Sch. 3 S.R. No. 63/2009


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Regulation 8

PORTION OF TOTAL PREMIUM SUBJECT TO CONTRIBUTION

Column 1 Column 2 Column 3

ItemClasses of insurance subject to contribution

Portion of total premium subject to contribution

1 any insurance on property that includes insurance against fire (whether expressly or otherwise and whether or not extended to include other risks) and includes consequential loss insurance, business interruption insurance or other similar classes of insurance but does not include insurance of a class specified in item 2, 3, 4, 5 or 6 80 per cent

2 any insurance on property construction or engineering installation or both that includes insurance against fire (whether expressly or otherwise and whether or not extended to include other risks), and includes consequential loss, business interruption, contractors' plant and machinery or any other similar or associated insurance 80 per cent

3 any insurance that solely covers risks that otherwise would be insured under item 1, 2 or 6 80 per cent

4 domestic and residential insurance but excluding where rated separately and offered and given as an optional extra premiums received for personal property or personal items insurance or both that must be included under item 5 40 per cent

Sch. 4 S.R. No. 63/2009


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Column 1 Column 2 Column 3

ItemClasses of insurance subject to contribution

Portion of total premium subject to contribution

5 any insurance that solely covers personal property or personal items or both (excluding insurance of a class specified in item 1, 2, 3, 4 or 6) 8 per cent

6 the static risk portion of the premium for any marine class of insurance or any other class of insurance that is confined to perils of the sea or air or confined to risks involving transportation on land or in the air (excluding storage incidental to transportation by sea, land or air)(static risk includes all movements of goods, stock or material associated with processing or storage operations at any place) 80 per cent

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Sch. 4 S.R. No. 63/2009


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ENDNOTES

1. General InformationThe Metropolitan Fire Brigades (Contributions) Regulations 2009, S.R. No. 63/2009 were made on 2 June 2009 by the Governor in Council under section 34 of the Metropolitan Fire Brigades Act 1958, No. 6315/1958 and came into operation on 7 June 2009: regulation 3.

The Metropolitan Fire Brigades (Contributions) Regulations 2009 will sunset 10 years after the day of making on 2 June 2019 (see section 5 of the Subordinate Legislation Act 1994).

Endnotes S.R. No. 63/2009


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2. Table of AmendmentsThere are no amendments made to the Metropolitan Fire Brigades (Contributions) Regulations 2009 by statutory rules, subordinate instruments and Acts.



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3. Explanatory Details



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1 Reg. 4: S.R. No. 68/1999.

Documents

Metropolitan Fire Brigades (Contributions) Regulations 2009FILE/09-63sr002.docx · Web viewOCPC Victoria, Word 2007, Template Release 29/06/2018B (PROD)