Australian Capital Territory Bills Australian Capital Territory Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Police and Emergency Services)
Contents
Page
Part 1.1 Territory Records Regulation 2009 18
Part 1.2 Utilities (Electricity Restrictions) Regulation 2004 19
Part 1.3 Utilities (Gas Restrictions) Regulation 2005 20
2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Police and Emergency Services)
Emergencies Amendment Bill 2010
A Bill for
An Act to amend the Emergencies Act 2004, and
for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Emergencies Amendment Act 2010.
This Act commences on a day fixed by the Minister by written notice.
Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
This Act amends the Emergencies Act 2004.
Note This Act also amends the following legislation (see sch 1):
• Territory Records Regulation 2009
• Utilities (Electricity Restrictions) Regulation 2004
• Utilities (Gas Restrictions) Regulation 2005.
substitute
(b) to provide for effective emergency management that—
(i) has regard to the need to prepare for, prevent, respond to and recover from emergencies; and
(ii) takes an all-hazards approach to emergency management; and
5 Commissioner’s
functions
New section 8 (4) (ga)
insert
(ga) emphasise the importance of communicating information, advice and warnings to the community during an emergency; and
substitute
Part 7.1 Security and Emergency Management Senior Officials Group
substitute
141 Security and Emergency Management Senior Officials Group
The Security and Emergency Management Senior Officials Group (SEMSOG) is established.
substitute
142 Constitution of SEMSOG
omit
emergency management committee
substitute
SEMSOG
before paragraph (a), insert
(aa) the chief executive; and
omit
committee members
substitute
members of the SEMSOG
substitute
(3) The chief executive is the chair of the SEMSOG.
substitute
143 Functions of SEMSOG
omit
emergency management committee
substitute
SEMSOG
substitute
(b) to support the commissioner in emergency management, including the preparation of the emergency plan or any part of the plan;
omit
omit
18 Emergency plan
Section
147 (1)
omit
emergency management committee
substitute
the commissioner
omit
emergency management committee
substitute
the commissioner
20 Community and information
plan
Section 149 (1)
omit
during a declared state of alert or state of emergency
substitute
during an emergency
substitute
Division 7.3.1 Application—pt 7.3
substitute
150 Application—pt 7.3
omit
division
substitute
part
after section 150, insert
Division 7.3.1A Emergency controller––no declared state of emergency
150A Appointment of emergency controller––no declared state of emergency
(1) This section applies if the Chief Minister is satisfied that––
(a) an emergency has happened, is happening or is likely to happen; but
(b) it is not necessary to declare a state of emergency.
(2) The Chief Minister may appoint a person to be the emergency controller for the emergency.
Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(3) The Chief Minister must review the appointment of the emergency controller not later than 48 hours after the appointment was made.
(4) Unless sooner revoked, the appointment ends––
(a) 7 days after the day the appointment was made; or
(b) if a state of emergency is declared.
(5) The Chief Minister may be satisfied that an emergency is likely to happen if the Chief Minister is satisfied that an event that has happened or is happening, or a circumstance that exists, gives rise to the likelihood of an emergency.
150B Functions of emergency controller—no declared state of emergency
(1) An emergency controller appointed under section 150A for an emergency has the following functions in relation to the emergency:
(a) to manage the response to, and the recovery from, the emergency by ensuring that entities dealing with the emergency are appropriately deployed;
(b) to coordinate the disposition of other resources to manage the emergency;
(c) to advise the Minister and the Chief Minister about the emergency;
(d) to advise the community on anything relating to the emergency that the emergency controller considers appropriate;
(e) any other function given to the emergency controller under this Act or another territory law.
(2) However, the Chief Minister may direct, in writing—
(a) that the emergency controller is not to have a function (or part of a function) mentioned in subsection (1); or
(b) that the emergency controller has another stated function.
Note A direction may be included in the instrument of appointment (see Legislation Act, s 49).
(3) As far as practicable, the emergency controller must exercise the emergency controller’s functions in accordance with the emergency plan.
150C Emergency powers—no declared state of emergency
(1) This section applies if an emergency controller is appointed under section 150A for an emergency.
(2) For the management of the emergency, the emergency controller may––
(a) direct the movement of people, animals or vehicles within, into or around the area to which the emergency applies (the emergency area); and
(b) give directions regulating or prohibiting the movement of people, animals or vehicles within, into or around the emergency area; and
(c) direct, in writing, the owner of property in or near the emergency area to place the property under the control, or at the disposal, of an emergency controller; and
(d) take possession of any premises, animal substance or thing in or near the emergency area; and
(e) excavate land, form tunnels or construct earthworks, barriers or temporary structures in or near the emergency area; and
(f) control, use, close off or block a drainage facility in or near the emergency area; and
(g) maintain, restore or prevent disruption of essential services; and
(h) do anything else that the chief officer of an emergency service may do under section 34 (General powers of chief officers).
Note A chief officer has a number of general powers including to enter land, shut off a power or water supply, demolish or destroy a structure or remove or destroy an animal.
(3) Subsection (1) operates despite any other territory law.
(4) However, the Chief Minister may direct, in writing—
(a) that the emergency controller is not to have a power (or part of a power) mentioned in subsection (1); or
(b) that the emergency controller has another stated power.
Note A direction may be included in the instrument of appointment (see Legislation Act, s 49).
(5) The emergency controller may delegate a function mentioned in subsection (1) to the head of an entity.
(6) A person who is delegated a function under subsection (5) may delegate the function to another member, officer, employee or contractor of the entity.
Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(7) In this section:
owner, of property, includes an occupier or someone apparently in charge of the property.
25 New division 7.3.1B heading
before section 151, insert
Division 7.3.1B Declared emergencies
omit
territory controller
substitute
emergency controller
27 New division 7.3.1C heading
before section 161, insert
Division 7.3.1C General provisions applying if emergency controller appointed
substitute
161 Management executive for emergency
substitute
(1) As soon as possible after an emergency controller is appointed, the emergency controller must establish a management executive for the emergency.
(2) The management executive consists of people nominated by the emergency controller and may include members of the SEMSOG.
(3) The management executive must provide support to the emergency controller in the exercise of the emergency controller’s functions.
(4) The emergency controller is not required to consult with the management executive before exercising a function.
substitute
162 Management of emergency
(1) For the management of an emergency for which an emergency controller is appointed, the emergency controller may direct the commissioner or the head of an entity to undertake response or recovery operations.
(2) The emergency controller may not direct the person to undertake an operation in a particular way.
substitute
163 Emergency powers—declared state of emergency
omit
territory controller
substitute
emergency controller
relocate to division 7.3.1B as section 160A
34 Failure to comply with direction
given under emergency powers
Section 164 (1)
omit
section 163 (2) (a), (b) or (c)
substitute
section 150C (2) (a), (b) or (c) or section 160A (2) (a), (b) or (c)
substitute
165 Chief Minister’s directions to emergency controller
(1) The Chief Minister may give an emergency controller written directions about the exercise of the controller’s functions.
(2) The emergency controller must give effect to a direction.
substitute
166 Emergency controller to give information about controller’s operations
omit
The territory controller
substitute
An emergency controller
substitute
167 Deployment of resources outside ACT in emergency
During an emergency for which an emergency controller is appointed, a person must not deploy Territory resources outside the ACT, in relation to an emergency outside the ACT, without the approval of the emergency controller.
39 Power to remove person obstructing
response operations etc
Section 168 (1)
substitute
(1) If an emergency controller believes, on reasonable grounds, that a person is obstructing, or threatening to obstruct, response or recovery operations in an emergency, the controller may remove the person to another place.
substitute
169 Compensation––emergencies
substitute
(1) A person who suffers loss because of an act or omission of an emergency controller under section 150C (Emergency powers—no declared state of emergency) or section 160A (Emergency powers—declared state of emergency) is entitled to be paid reasonable compensation by the Territory for the loss.
omit
territory controller
substitute
emergency controller
43 Recovery of compensation in
court
Section 172
omit
(Compensation––declared state of emergency)
substitute
(Compensation––emergencies)
substitute
173 Application—div 7.3.2
This division applies to an emergency other than an emergency for which an emergency controller is appointed.
omit
the territory controller
substitute
an emergency controller
46 Authorised person’s power to
require name and address
Section 196
omit
the territory controller
substitute
an emergency controller
47 Compensation for exercise of
functions etc
Section 199 (1) and note
substitute
(1) A person may claim compensation from the Territory if the person suffers loss because of the exercise, or purported exercise, of a function under this Act (other than under section 150C (Emergency powers—no declared state of emergency) or section 160A (Emergency powers––declared state of emergency)).
Note For compensation for loss because of an act or omission under s 150C or s 160A, see s 169.
insert
203 Review of Act
(1) The Minister must review the operation of this Act as soon as practicable after the end of every 5th year after the day this section commences.
(2) The Minister must present a report on the review to the Legislative Assembly within 3 months after the day the review is started.
49 Dictionary, new definition of emergency controller
insert
emergency controller means—
(a) for a declared state of emergency—the person appointed under section 159; and
(b) in any other case—the person appointed under section 150A.
50 Dictionary, definition of emergency management, paragraph (a)
substitute
(a) the assessment of hazards and emergency risks; and
51 Dictionary, definition of emergency management committee
omit
52 Dictionary, new definition of SEMSOG
insert
SEMSOG––see section 141.
53 Dictionary, definition of territory controller
omit
Schedule 1 Consequential amendments
(see s 3)
Part 1.1 Territory Records Regulation 2009
omit
[1.2] Schedule 1, new item 19A
insert
|
19A
|
SEMSOG
|
chief executive, Department of Justice and Community Safety
|
[1.3] Dictionary, definition of ACT Emergency Management Committee
omit
[1.4] Dictionary, new definition of SEMSOG
insert
SEMSOG means the Security and Emergency Management Senior Officials Group established under the Emergencies Act 2004, section 141.
Part 1.2 Utilities (Electricity Restrictions) Regulation 2004
substitute
Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘emergency controller—see the Emergencies Act 2004, dictionary’ means that the term ‘emergency controller’ is defined in that dictionary and the definition applies to this regulation.
omit
the territory controller
substitute
an emergency controller
[1.7] Dictionary, new definition of emergency controller
insert
emergency controller––see the Emergencies Act 2004, dictionary.
[1.8] Dictionary, definition of territory controller
omit
Part 1.3 Utilities (Gas Restrictions) Regulation 2005
substitute
Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘emergency controller—see the Emergencies Act 2004, dictionary’ means that the term ‘emergency controller’ is defined in that dictionary and the definition applies to this regulation.
omit
the territory controller
substitute
an emergency controller
[1.11] Dictionary, note 2, 1st dot point
substitute
• chief executive (see s 163)
[1.12] Dictionary, new definition of emergency controller
insert
emergency controller––see the Emergencies Act 2004, dictionary.
[1.13] Dictionary, definition of territory controller
omit
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2010.
2 Notification
Notified under the Legislation Act on 2010.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory 2010
[Index] [Search] [Download] [Related Items] [Help]