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This is a Bill, not an Act. For current law, see the Acts databases.
State Emergency Service Amendment
Bill 2009
No , 2009
A Bill for
An Act to amend the State Emergency Service Act 1989 to change the title of the head
of the State Emergency Service, to make provision for the handling of tsunamis and
to make further provision in relation to the appointment of local and unit controllers;
and for other purposes.
Clause 1 State Emergency Service Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the State Emergency Service Amendment Act 2009. 3
2 Commencement 4
(1) Except as provided by subsection (2), this Act commences on the date 5
of assent to this Act. 6
(2) Schedule 1 [11] commences on the later of: 7
(a) the date of assent to this Act, or 8
(b) 1 July 2009. 9
Page 2
State Emergency Service Amendment Bill 2009
Amendment of State Emergency Service Act 1989 No 164 Schedule 1
Schedule 1 Amendment of State Emergency Service 1
Act 1989 No 164 2
[1] Section 3 Definitions 3
Omit the definitions of Deputy Director-General and Director-General from 4
section 3 (1): 5
Insert instead: 6
Commissioner means the Commissioner of the State Emergency 7
Service holding office as such under the Public Sector 8
Employment and Management Act 2002. 9
Deputy Commissioner means the Deputy Commissioner of the 10
State Emergency Service holding office as such under the Public 11
Sector Employment and Management Act 2002. 12
[2] Section 3 (3) 13
Insert after section 3 (2): 14
(3) Notes included in this Act do not form part of this Act. 15
[3] The whole Act (except Schedule 1 and except where otherwise amended 16
by this Schedule) 17
Omit "Director-General" wherever occurring. Insert instead "Commissioner". 18
[4] Section 8 Functions of Service 19
Insert after section 8 (1) (b): 20
(c) to act as the combat agency for dealing with tsunamis and 21
to co-ordinate the evacuation and welfare of affected 22
communities, 23
[5] Sections 12 (1), 13 and 21 (1) 24
Omit "Director-General's", wherever occurring. 25
Insert instead "Commissioner's". 26
[6] Section 17 Local controllers 27
Insert at the end of section 17 (1): 28
Note. Section 17CA provides that a councillor must not be appointed as 29
a local controller. 30
[7] Section 17A Unit controllers 31
Insert at the end of section 17A (1): 32
Note. Section 17CA provides that a councillor must not be appointed as 33
a unit controller. 34
Page 3
State Emergency Service Amendment Bill 2009
Schedule 1 Amendment of State Emergency Service Act 1989 No 164
[8] Section 17C Local and unit controller deputies 1
Insert at the end of section 17C: 2
Note. Section 17CA provides that a councillor must not be appointed as 3
a deputy to a local controller or unit controller. 4
[9] Section 17CA 5
Insert after section 17C: 6
17CA Councillors not to be appointed as local controllers, unit 7
controllers or as local or unit controller deputies 8
(1) A councillor within the meaning of the Local Government Act 9
1993 is not eligible to be appointed as a local controller, unit 10
controller, deputy to a local controller or deputy to a unit 11
controller. 12
(2) Any local controller, unit controller, deputy to a local controller 13
or deputy to a unit controller who becomes a councillor ceases to 14
be such a controller, or deputy to a controller, on a date that is 15
3 months after the date on which his or her election as a 16
councillor takes effect unless the officer otherwise ceases to hold 17
office before that date. 18
[10] Section 19 Emergencies to which Part applies 19
Omit section 19 (a). Insert instead: 20
(a) an emergency referred to in section 8 (1) (a), (b) or (c) 21
relating to a flood, storm or tsunami, or 22
[11] Part 5A State Emergency Service Fund 23
Omit "Director-General" wherever occurring. Insert instead "Commissioner". 24
[12] Schedule 1 Savings, transitional and other provisions 25
Insert at the end of clause 1 (1): 26
State Emergency Service Amendment Act 2009 27
Page 4
State Emergency Service Amendment Bill 2009
Amendment of State Emergency Service Act 1989 No 164 Schedule 1
[13] Schedule 1 1
Insert at the end of the Schedule with appropriate Part and clause numbering: 2
Part Provisions consequent on enactment of 3
State Emergency Service Amendment Act 4
2009 5
Definition 6
In this Part: 7
amending Act means the State Emergency Service Amendment 8
Act 2009. 9
Local and unit controllers 10
(1) An amendment made by the amending Act that prevents a person 11
from being eligible for an office does not apply to an appointment 12
to such an office made before the commencement of the 13
amendment. 14
(2) An amendment made by the amending Act that provides for a 15
person to cease to hold an office does not apply to an office that 16
a person holds before the commencement of the amendment. 17
However, the amendment does apply on and from any 18
re-appointment of the person to the office after the 19
commencement of the amendment. 20
References to Director-General and Deputy Director-General 21
(1) On and from the commencement of Schedule 1 [1] to the 22
amending Act, a reference in any other Act, or in any instrument 23
made under any Act, or in any other document of any kind, to the 24
Director-General of the State Emergency Service is to be read as 25
a reference to the Commissioner of the State Emergency Service. 26
(2) On and from the commencement of Schedule 1 [1] to the 27
amending Act, a reference in any other Act, or in any instrument 28
made under any Act, or in any other document of any kind, to the 29
Deputy Director-General of the State Emergency Service is to be 30
read as a reference to the Deputy Commissioner of the State 31
Emergency Service. 32
(3) This clause is subject to the regulations. 33
Page 5
State Emergency Service Amendment Bill 2009
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts 1
2.1 Public Finance and Audit Act 1983 No 152 2
Schedule 3 Departments 3
Omit "Director-General" from Column 2 of the matter relating to the State 4
Emergency Service. 5
Insert instead "Commissioner". 6
2.2 Public Sector Employment and Management Act 2002 No 43 7
Schedule 1 Divisions of the Government Service 8
Omit "Director-General" from Column 2 of the matter relating to the State 9
Emergency Service in Part 1 of the Schedule. 10
Insert instead "Commissioner". 11
2.3 State Emergency and Rescue Management Act 1989 No 165 12
Section 43 Composition of Board 13
Omit "Director-General" from section 43 (1) (b). 14
Insert instead "Commissioner". 15
Page 6
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