Emergencies Act 2004 (ACT)
Emergencies Act 2004
A2004-28
Republication No 38
Effective: 16 November 2025
Republication date: 16 November 2025
Last amendment made by A2025‑29
About this republication
The republished law
This is a republication of the Emergencies Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Emergencies Act 2004
Contents
Page
Chapter 1 Preliminary
Part 1.1 Preliminary
1 Name of Act 2
3 Objects of Act 2
4 Dictionary 3
5 Notes 3
6Offences against Act—application of Criminal Code etc 3
Part 1.2 Area concepts
6A Meaning of built-up area 4
6B Meaning of rural area 4
Chapter 2 Emergency services commissioner
7 Emergency services commissioner 5
8 Commissioner’s functions 5
8A Directions by commissioner in relation to emergencies 7
9 Minister and emergency coordination 8
10 Asking advisory council’s advice 8
11 Commissioner may make guidelines 9
12 Delegation by commissioner 10
13 Assistant emergency services commissioners 10
14 Assistant commissioners’ functions 11
15 Delegation by assistant commissioners 12
Chapter 3 Chief officers
Part 3.1 Chief officers—appointments and responsibilities
28 Chief officer—ambulance service 13
29 Chief officer—fire and rescue service 14
30 Chief officer—rural fire service 14
31 Chief officer—SES 15
32 Deputy chief officers 16
Part 3.2 Chief officers—functions and powers
33 Functions of chief officers 17
34 General powers of chief officers 17
35 Directions by chief officer to service members 19
36 Chief officers to advise commissioner 19
37 Taking part in joint operations 20
38 Standards and protocols for the services 20
39 Delegations by chief officers 20
Chapter 4 The emergency services
Part 4.1 The ambulance service
40 Establishment of ambulance service 21
41 Functions of ambulance service 21
42 Constitution of ambulance service 22
Part 4.2 Fire and rescue service
Division 4.2.1 Fire and rescue service
43 Establishment of fire and rescue service 23
44 Functions of fire and rescue service 23
45 Constitution of fire and rescue service 24
46 Ranks for fire and rescue service members 24
Division 4.2.2 Community fire units
47 Establishment of community fire units 24
48 Appointment of members of units 24
49 Objects and functions of community fire units 25
50 Training and equipment for community fire units 25
Part 4.3 The rural fire service
51 Establishment of rural fire service 26
52 Functions of rural fire service 26
53 Constitution of rural fire service 27
54 Rural fire brigades 27
55 Ranks for rural fire service members 27
Part 4.4 The state emergency service (SES)
56 Establishment of SES 28
57 Functions of SES 28
58 Constitution of SES 29
59 SES operational units 29
59A Ranks for SES members 29
Part 4.5 Volunteers
59B Appointment of volunteer members 30
59C Volunteer appointments in accordance with guidelines 30
59CA Appointment of emergency services support volunteers 30
59D Casual volunteers 31
Part 4.6 Other approved providers
60 Definitions—pt 4.6 33
61 Approval of person to provide services 33
62 Decision about approval 33
63 Offence to provide emergency services without approval 34
Part 4.7 Services from outside ACT
64 Interstate and overseas emergency services 36
Chapter 5 Fire management
Part 5.2 Fire response and control
67 Fires in built-up area 38
68 Fires in rural areas 39
69 Securing area at or after fire 42
Part 5.3 Bushfire prevention
70 Definitions for pt 5.3 43
71 Commissioner may declare bushfire abatement zone 43
72 Strategic bushfire management plan 43
73 Bushfire management plan committee 44
74 Content of strategic bushfire management plan 45
75 Public consultation for strategic bushfire management plan 46
76 Assessment of resources and capabilities 47
77 Compliance with strategic bushfire management plan 47
77A Inconsistency between strategic bushfire management plan and public land management plan 48
77B Commissioner may make bushfire management standards 48
78 Bushfire operational plans 49
80 Review of strategic bushfire management plan 50
81 Directions by Minister to manager of land 50
82 Directions by commissioner to owner of land 50
83 Failure to comply with direction 51
84 Fire fuel reduction 51
Part 5.4 Fire prevention—premises
Division 5.4.1 Notices and directions for premises
85 Meaning of relevant chief officer—div 5.4.1 52
86 Notices for premises 52
87 Improvement notices 53
88 Occupancy notices 53
89 Closure notices 54
90 Display of improvement notices etc 54
91 Ending of notices for premises 54
92 Direction to provide fire appliance at premises 55
Division 5.4.2 Offences relating to premises
93 Failure to display improvement notice etc 55
94 Failure to comply with improvement notice etc 56
95 Offences about fire appliances 56
96 Obstruction of passageway, door etc 57
97 Offence to store etc flammable material to cause danger 58
Part 5.5 Inspectors and investigators
Division 5.5.1 Definitions for pt 5.5
98 Definitions for pt 5.5 59
Division 5.5.2 Appointment and general powers
99 Appointment of inspectors 59
100 Appointment of investigators 60
101 General powers of inspectors and investigators 60
102 Contravention of requirement by inspector or investigator 61
Division 5.5.3 Inspectors
103 Inspector may enter land 61
104 Inspector may enter premises 62
105 Enforcement of improvement, occupancy and closure notices 63
106 Direction to remove flammable material from premises 63
107 Contravention of direction to remove flammable material from premises 65
108 Emergency direction to remove flammable material from premises 65
109 Directions to comply with fire prevention obligations etc 66
110 Contravention of direction 68
Division 5.5.4 Investigators
111 Investigator may enter land or premises 68
112 Investigation of fires 68
113 Investigator’s power to require name and address 69
Part 5.6 Total fire ban, controlled activities, related offences and fire permits
Division 5.6.1A Definitions—pt 5.6
113A Definitions—pt 5.6 71
Division 5.6.1 Total fire bans
114 Declaration of total fire ban 71
115 Publication of total fire ban 72
116 Offence—lighting etc fire during total fire ban 72
116A Offence—high risk activity during total fire ban 73
117 Declaration of exempt fires 74
Division 5.6.2 Controlled activities and offences relating to fire
119 Bushfire season 74
120 Fire prevention—obligations of rural land owners or managers 74
121 Notification of fire etc—obligations of owners or occupiers of rural land 75
122 Using fires and appliances for cooking etc in open air 76
123 Lighting fires for burning off 77
125 Offence—lighting unauthorised fire 78
126 Offence—leaving fire without extinguishing it 79
Division 5.6.3 Fire permits
126A Commissioner may issue fire permit 80
126B Operation of fire permit 81
Chapter 6 Multi-hazard advisory council
127 Establishment of multi-hazard advisory council 82
128 Constitution of advisory council 82
129 Advisory council members 82
130 Functions of advisory council 83
131 Director‑general to give support to advisory council 83
132 Ending of advisory council members’ appointments 84
133 Advisory council terms of reference and procedures 84
134 Disclosure of interests by advisory council members 85
135 Reporting of disclosed interests to Minister 85
Chapter 7 Emergency management
Part 7.1 Security and Emergency Management Senior Officials Group
141 Security and Emergency Management Senior Officials Group 87
142 Constitution of SEMSOG 87
143 Functions of SEMSOG 88
Part 7.2 Emergency plan
147 Emergency plan 89
148 Emergency sub-plans 90
149 Community communication and information plan 90
149A Preparation of community communication and information plan 91
149B Communicating information about emergencies 91
Part 7.3 Management of emergencies
Division 7.3.1 Application—pt 7.3
150 Application—pt 7.3 92
Division 7.3.1A Emergency controller and deputy emergency controller
150A Appointment of emergency controller 92
150B Functions of emergency controller 94
150C Emergency powers of emergency controller 95
150CA Appointment of deputy emergency controller 97
150CB Functions of deputy emergency controller 100
Division 7.3.1B Declared emergencies
151 Declaration of state of alert 100
152 Declaration of state of alert commences immediately 101
153 Publication of state of alert declaration 101
154 Minister to give reports to community during state of alert 102
155 State of emergency ends state of alert 102
156 Declaration of state of emergency 102
157 Declaration of state of emergency commences immediately 103
158 Publication of declaration of state of emergency 103
Division 7.3.1C General provisions applying if emergency controller appointed
161 Management executive for emergency 104
162 Management of emergency 104
164 Failure to comply with direction given under emergency powers 105
165 Chief Minister’s directions to emergency controller 105
166 Emergency controller to give information about controller’s operations 105
166A Emergency controller to advise Chief Minister and Minister 105
166B Revocation of state of alert and state of emergency declarations and appointment of emergency controller 106
167 Deployment of resources outside ACT in emergency 106
168 Power to remove person obstructing response operations etc 107
169 Compensation—emergencies 107
170 Minister’s decision on claim for compensation 108
171 Acceptance or rejection of offer of compensation 108
172 Recovery of compensation in court 108
Division 7.3.2 Other emergencies
173 Application—div 7.3.2 109
174 Commissioner must assist recovery for other emergencies 109
Division 7.3.3 Recovery coordinator
174A Meaning of territory agency—div 7.3.3 109
174B Appointment of recovery coordinator 110
174C Functions of recovery coordinator 110
Part 7.4 Commonwealth, interstate and overseas cooperation
175 Definitions for pt 7.4 112
176 Cooperative arrangements with Commonwealth, State or overseas agencies 112
177 Cooperative arrangements about resources 113
178 Directions to people operating under cooperative arrangement 113
179 Directions by authorised person to people operating under cooperative arrangement 113
180 Recognition of interstate qualifications 114
Part 7.5 Emergency relief funds
181 Emergency relief funds 115
182 Gifts and donations 115
Chapter 8 Volunteers
182A Definitions—ch 8 117
182B Emergency operation notice 117
183 Victimisation of volunteers 118
184 Release of volunteer member from operations 119
Chapter 9 Notification and review of decisions
185 Meaning of reviewable decision—ch 9 121
186 Reviewable decision notices 121
187 Applications for review 121
Chapter 10Miscellaneous
Part 10.1 Other offences relating to fires
188 Lighting a fire dangerous to premises 122
189 Direction to leave fire area 122
190 Interfering with fire appliance, hydrant, alarm etc 123
191 False alarm of fire, emergency or other incident 124
Part 10.2 Other miscellaneous provisions
192 Obligations of owners and occupiers 125
193 Policies of insurance against fire 125
194 Ambulance levy 125
195 Ambulance fund 126
195A Establishment of ambulance service quality assurance committee 126
196 Authorised person’s power to require name and address 126
197 Identity cards 127
198 Protection of officials from liability 128
199 Compensation for exercise of functions etc 129
200 Approved forms 130
201 Determination of fees 130
202 Regulation-making power 131
203 Review of Act 131
Schedule 1 Ambulance levy 132
1.1 Definitions for sch 1 132
1.2 Meaning of exempt contribution 133
1.3 Meaning of reference month 133
1.4 Imposition of ambulance levy 134
1.5 Organisation to pay levy 136
1.6 Returns 136
1.7 Records 136
1.8 Levy payable if organisation stops operations 137
Schedule 1A Ambulance service quality assurance committee 138
1A.1 Definitions—sch 1A 138
1A.2 Function of ASQAC 139
1A.3 Appointment of ASQAC members 139
1A.4 Disclosure of interest by ASQAC members etc 139
1A.5 Procedure for ASQAC 141
1A.6 Obtaining information 141
1A.7 Annual ASQAC report to Minister 142
1A.8 ASQAC may give information 143
1A.9 Admissibility of ASQAC evidence 143
1A.10 Offence—secrecy of protected information 144
Schedule 2 Reviewable decisions 146
Dictionary148
Endnotes
1 About the endnotes 158
2 Abbreviation key 158
3 Legislation history 159
4 Amendment history 165
5 Earlier republications 185
6 Expired transitional or validating provisions 188
Emergencies Act 2004
An Act about emergencies and fire and ambulance incidents, and for other purposes
Chapter 1Preliminary
Part 1.1Preliminary
Name of Act
This Act is the Emergencies Act 2004.
Objects of Act
The objects of this Act are—
(a)to protect and preserve life, property and the environment; and
(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
(iii)develops community resilience to emergencies; and
(c)to provide for the effective and cohesive management by the commissioner of the state emergency service, the ambulance service, the fire and rescue service and the rural fire service; and
(d)to recognise the value to the community of all emergency service members, including volunteer members, and providers of operational and administrative support to the commissioner and the services.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘land management agreement—see the Planning Act 2023, section 350 (2) (a).’ means that the term ‘land management agreement’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 1.2Area concepts
6AMeaning of built-up area
(1)For this Act, a built-up area is an area declared by the commissioner to be a built-up area.
(2)Before making a declaration, the commissioner must consult with—
(a)the chief officer (fire and rescue service); and
(b)the chief officer (rural fire service).
(3)A declaration is a notifiable instrument.
NoteThe fire and rescue service is responsible for fire response in built‑up areas.
6BMeaning of rural area
For this Act, a rural area is an area not within a built-up area.
Note 1The rural fire service is responsible for fire response in rural areas.
Note 2Certain offences apply to owners of land in rural areas (see div 5.6.2 (Controlled activities and offences relating to fire)).
Chapter 2Emergency services commissioner
Emergency services commissioner
(1)The director‑general may appoint a public servant to be the ACT Emergency Services Commissioner (the commissioner).
NoteFor the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
(2)However, the director-general may appoint a person under subsection (1) only if the person has the management, professional and technical expertise to exercise the commissioner’s functions.
Commissioner’s functions
(1)The commissioner is responsible for—
(a)the overall strategic direction and management of the emergency services; and
(b)operational and administrative support to the services.
Examples—operational and administrative support
· spatial services
· logistics and fleet management
· public information
· communication centre
· risk management and planning
· training
Note 1A chief officer of an emergency service is responsible for the general management and control of the service (see s 28 (3) (a), s 29 (3) (a), s 30 (3) (a) and s 31 (3) (a)).
Note 2For the effective coordination of the emergency, the commissioner may direct a chief officer to undertake response or recovery operations (see s 8A).
(2)The commissioner is also responsible for—
(a)community education and awareness about emergencies; and
(b)improving community preparedness for emergencies; and
(c)emergencies-related advice on planning and development matters.
(3)The commissioner has the functions given to the commissioner under this Act and any other territory law.
NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
(4)In the exercise of the commissioner’s functions, the commissioner must—
(a)seek to give the emergency services a strong, cohesive, strategic and operational direction; and
(b)seek to ensure delivery of high-quality and effective service to the community by each of the emergency services; and
(c)seek to improve the operational effectiveness and flexibility of the emergency services; and
(d)recognise the value of the individual emergency services; and
(e)recognise the importance to the services and the community of—
(i)all emergency service members, including volunteer members; and
(ii)providers of operational and administrative support to the commissioner and the services; and
(f)recognise the diverse needs of the community, including people with special needs; and
Examples of people with special needs
1the frail aged
2people with a disability
3people in hospital
(g)emphasise community education and preparedness for emergencies; and
(h)emphasise the importance of communicating information, advice and warnings to the community during an emergency; and
(i)ensure that members of the emergency services and volunteers are properly equipped, trained and prepared; and
(j)oversee and coordinate strategic and operational planning for emergencies.
Examples of strategic and operational planning for emergencies
1strategic planning for recovery from a natural disaster
2operational planning for response to a fuel shortage emergency
8ADirections by commissioner in relation to emergencies
(1)This section applies to an emergency other than one for which an emergency controller is appointed.
NotePt 7.3 provides for the management of an emergency for which an emergency controller is appointed or a state of emergency declared.
(2)For the effective coordination of the emergency, the commissioner may direct a chief officer to undertake response or recovery operations.
(3)In this section:
coordination of an emergency means the bringing together of the emergency services and other agencies and resources to support the response to the emergency.
Minister and emergency coordination
The Minister must, in consultation with the commissioner, ensure that—
(a)an emergency coordination centre is established and maintained for the ACT; and
(b)common planning, administrative and logistic support is provided for the emergency services (including common communications and emergency coordination centres).
Example
common risk management planning
Asking advisory council’s advice
(1)The commissioner must ask for, and consider, the advisory council’s advice before exercising a function, prescribed by regulation, relating to natural hazards.
(2)The commissioner may ask for the advisory council’s advice in relation to the exercise of any other function relating to natural hazards.
Commissioner may make guidelines
(1)The commissioner may make guidelines for the strategic operation of each of the emergency services (the commissioner’s guidelines).
(2)The commissioner’s guidelines are a notifiable instrument except to the extent that the commissioner considers it is in the public interest that it not be notifiable.
(3)Any part of the commissioner’s guidelines that is not notified under the Legislation Act must be given to the relevant Assembly committee.
(4)The commissioner’s guidelines may make provision in relation to—
(a)areas of the emergency services to be operated jointly; and
(b)operation of joint areas of the emergency services; and
(c)planning and conduct of joint operations of the emergency services; and
(d)anything else in relation to the strategic organisation and operation of each of the emergency services that the commissioner considers appropriate.
Examples
1 guidelines for the operation of a joint communications area for the services
2 guidelines for joint operations
3 guidelines for joint response to a major building collapse
4 guidelines for ending appointments of volunteer members (including application of the rules of natural justice)
NoteAn Act that authorises the making of a statutory instrument (eg guidelines) authorises an instrument to be made in relation to any matter required or permitted to be prescribed under the authorising law or that is necessary or convenient to be prescribed for carrying out or giving effect to the authorising law (see Legislation Act, s 44).
(5)The commissioner’s guidelines may apply, adopt or incorporate a law or instrument as in force from time to time.
NoteThe text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument (see Legislation Act, s 47 (5) and (6)).
(6)The chief officer of an emergency service may recommend amendments of the commissioner’s guidelines to the commissioner.
Delegation by commissioner
(1)The commissioner may delegate the commissioner’s functions under this Act or another territory law to a public servant, a member of an emergency service , a police officer or an emergency services support volunteer.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(2)However, the commissioner may delegate the commissioner’s power under section 8A only to a chief officer.
Assistant emergency services commissioners
(1)The director‑general may appoint 1 or more public servants to be an Assistant ACT Emergency Services Commissioner (an assistant commissioner).
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
(2)However, the director-general may appoint a person under subsection (1) only if the person has the management, professional and technical expertise to exercise the assistant commissioner’s functions.
Assistant commissioners’ functions
(1)An assistant commissioner’s function is to support the commissioner in the exercise of the commissioner’s functions.
(2)An assistant commissioner must not exercise the assistant commissioner’s function in a way that—
(a)is inconsistent with the commissioner’s exercise, or proposed exercise, of a function under this Act or any other territory law; or
(b)may unreasonably restrict or undermine the commissioner’s exercise of a function under this Act or any other territory law; or
(c)is inconsistent with the commissioner’s guidelines.
(3)An assistant commissioner must comply with any direction from the commissioner about the exercise of the assistant commissioner’s functions.
(4)If the commissioner is unavailable or, for any other reason, unable to perform the functions of commissioner, the acting commissioner is—
(a)if there is only 1 assistant commissioner at the time the commissioner is unavailable or unable to perform the functions—the assistant commissioner; or
(b)if there is more than 1 assistant commissioner at the time—the assistant commissioner nominated, by the commissioner, to be the acting commissioner.
NoteA person acting in a position under a standing acting arrangement has all the functions (including authorities, duties and powers) of the occupant of the position (in this case, the commissioner)—see the Legislation Act, s 225B.
(5)An assistant commissioner has any other function prescribed under this Act or another territory law.
Delegation by assistant commissioners
An assistant commissioner may delegate the assistant commissioner’s functions under this Act or another territory law to a public servant, a member of an emergency service, a police officer or an emergency services support volunteer.
NoteFor laws about delegations, see the Legislation Act, pt 19.4.
Chapter 3Chief officers
Part 3.1Chief officers—appointments and responsibilities
Chief officer—ambulance service
(1)The director‑general may, after consulting the commissioner, appoint a public servant to be the chief officer of the ambulance service (the chief officer (ambulance service)).
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
(2)However, the director‑general may appoint a person under subsection (1) only if the person has the management, professional and technical expertise to exercise the chief officer’s functions.
(3)The chief officer (ambulance service) is responsible for—
(a)the general management and control of the ambulance service; and
(b)matters relating to the professional and technical expertise of the ambulance service.
Example
training and professional standards
Chief officer—fire and rescue service
(1)The director‑general may, after consulting the commissioner, appoint a public servant to be the chief officer of the fire and rescue service (the chief officer (fire and rescue service)).
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
(2)However, the director‑general may appoint a person under subsection (1) only if the person has the management, professional and technical expertise to exercise the chief officer’s functions.
(3)The chief officer (fire and rescue service) is responsible for—
(a)the general management and control of the fire and rescue service; and
(b)matters relating to the professional and technical expertise of the fire and rescue service; and
Example
training and professional standards
(c)operational planning for fire response in built-up areas, including fire preparedness and control; and
(d)fire response in built-up areas.
Chief officer—rural fire service
(1)The director‑general may, after consulting the commissioner, appoint a public servant to be the chief officer of the rural fire service (the chief officer (rural fire service)).
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
(2)However, the director‑general may appoint a person under subsection (1) only if the person has the management, professional and technical expertise to exercise the chief officer’s functions.
(3)The chief officer (rural fire service) is responsible for—
(a)the general management and control of the rural fire service; and
(b)matters relating to the professional and technical expertise of the rural fire service; and
Example
training and professional standards
(c)operational planning for fire response in rural areas, including fire preparedness and control; and
(d)fire response in rural areas.
Chief officer—SES
(1)The director‑general may, after consulting the commissioner, appoint a public servant to be the chief officer of the SES (the chief officer (SES)).
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
(2)However, the director‑general may appoint a person under subsection (1) only if the person has the management, professional and technical expertise to exercise the chief officer’s functions.
(3)The chief officer (SES) is responsible for—
(a)the general management and control of the SES; and
(b)matters relating to the professional and technical expertise of the SES.
Example
training and professional standards
Deputy chief officers
(1)The director‑general may, after consulting the commissioner, appoint a public servant to be the deputy chief officer of a service.
(2)However, the director‑general may appoint a person under subsection (1) only if the person has the management, professional and technical expertise to exercise the deputy chief officer’s functions.
(3)A deputy chief officer of a service acts in the position of chief officer of the service—
(a)during all vacancies in the position; and
(b)during all periods when the chief officer cannot for any reason exercise the functions of the position.
NoteThe Legislation Act, div 19.3.2A deals with standing acting arrangements.
Part 3.2Chief officers—functions and powers
Functions of chief officers
(1)The chief officer of an emergency service has the functions given to the chief officer under this Act and any other territory law.
(2)The chief officer of an emergency service has all the functions given to the service under this Act.
NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
General powers of chief officers
(1)The chief officer of an emergency service may, for the protection or preservation of life, property or the environment—
(a)with any necessary assistance and force, enter land; or
(b)close a street or road to traffic; or
(c)bring equipment onto land or into a structure or vehicle; or
(d)open a container, or dismantle equipment, using any necessary or reasonable force; or
(e)remove, dismantle, demolish or destroy a structure or vehicle; or
(f)contain an animal or substance; or
(g)remove or destroy an animal, a substance or vegetation; or
(h)turn off, disconnect or shut down a motor or equipment; or
(i)control, shut off or disconnect a supply of fuel, gas, electricity, water or anything else; or
(j)use a supply of water without charge; or
(k)give directions to regulate or prohibit the movement of people, animals or vehicles; or
(l)evacuate people or animals from an area to another place; or
(m)close any premises; or
Examples––premises
·government or independent schools
·education and care service premises
·childcare centres
·business premises
·health care facilities
·residential homes
(n)require a person to give information, answer questions, or produce documents or anything else, reasonably needed; or
NoteThe Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.
(o)require a person to give reasonable assistance to—
(i)a member of an emergency service; or
(ii)a person acting on behalf of a member of an emergency service; or
(iii)a police officer.
(2)A power under this section must, if practicable, be exercised in accordance with the commissioner’s guidelines.
(3)In this section:
equipment includes a vehicle.
land includes any structure or vehicle on the land.
Directions by chief officer to service members
(1)The chief officer of an emergency service may, in the exercise of the chief officer’s functions, give directions to emergency service members or any entity acting for the service.
(2)A direction by the chief officer (ambulance service) may be about the following:
(a)the provision of medical treatment (a medical treatment direction);
(b)the scope of practice of an ambulance service member (a scope of practice direction).
(3)A direction by a chief officer of an emergency service (other than a medical treatment direction or a scope of practice direction) must, if practicable, be in accordance with any direction of the commissioner and the commissioner’s guidelines.
(4)A medical treatment direction and a scope of practice direction must, if practicable, be in accordance with medical treatment standards.
(5)In this section:
scope of practice, for an ambulance service member, means the manner in which an ambulance service member may practise as a member, including, for example, the aspects of practice that an ambulance service member may undertake.
Chief officers to advise commissioner
(1)The chief officer of an emergency service must advise the commissioner on the capability of the service.
(2)The chief officer of an emergency service must report to the commissioner on the capability of the service if the commissioner asks.
Taking part in joint operations
The chief officer of an emergency service must ensure that members of the service are available to take part in joint operational activities.
Standards and protocols for the services
(1)The chief officer of an emergency service may, in writing, determine standards and protocols about anything relating to the operation of the service that is not inconsistent with the commissioner’s guidelines.
Example
The chief officer (fire and rescue service) may determine standards about members’ duties that are not inconsistent with the guidelines.
(2)The chief officer (ambulance service) may also determine standards and protocols for medical treatment provided by the ambulance service (the medical treatment standards).
Delegations by chief officers
The chief officer of an emergency service may delegate the chief officer’s functions under this Act or another territory law to a public servant, a member of an emergency service or a police officer.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Chapter 4The emergency services
Part 4.1The ambulance service
Establishment of ambulance service
The ACT Ambulance Service is established.
Functions of ambulance service
(1)The main function of the ambulance service is to provide ambulance services.
(2)The ambulance service has the following additional functions:
(a)to undertake assistance operations to support other entities in the exercise of their functions under this Act;
Example
assisting police officers or fire and rescue service members in dealing with any incident or emergency
(b)any other function prescribed by regulation.
(3)In exercising its functions, the ambulance service may—
(a)provide medical treatment and pre-hospital or post-hospital patient care; or
(b)transport patients by ambulance; or
(c)transport patients by medical rescue aircraft.
Constitution of ambulance service
The ambulance service consists of—
(a)the chief officer (ambulance service); and
(b)the deputy chief officer (ambulance service); and
(c)other ambulance service members; and
(d)any volunteer members.
Part 4.2Fire and rescue service
Division 4.2.1 Fire and rescue service
Establishment of fire and rescue service
The ACT Fire and Rescue Service is established.
Functions of fire and rescue service
(1)The main function of the fire and rescue service is to protect and preserve life, property and the environment from fire in built-up areas.
(2)In exercising the function, the fire and rescue service is responsible for—
(a)operational planning for fire response in built-up areas, including fire preparedness; and
(b)fire response in built-up areas.
(3)The fire and rescue service has the following additional functions:
(a)to respond to and deal with hazardous material incidents;
(b)to respond to rescue incidents;
(c)to respond to chemical, biological and radiological incidents;
(d)to undertake assistance operations to support other entities in the exercise of their functions under this Act;
(e)any other function prescribed by regulation.
Example—par (d)
assisting police officers or ambulance service members in dealing with any incident or emergency
(4)The fire and rescue service may also—
(a)respond to a fire in a rural area; and
(b)provide first response to any other incident to which another emergency service may respond under this Act, if the emergency service is unavailable.
Constitution of fire and rescue service
The fire and rescue service consists of—
(a)the chief officer (fire and rescue service); and
(b)the deputy chief officer (fire and rescue service); and
(c)other members of the fire and rescue service; and
(d)any volunteer members.
Ranks for fire and rescue service members
The chief officer (fire and rescue service) may give members of the fire and rescue service various ranks in accordance with the standards and protocols for the fire and rescue service.
Division 4.2.2 Community fire units
Establishment of community fire units
The chief officer (fire and rescue service) may establish community fire units and decide the areas for which they are established.
Appointment of members of units
(1)The chief officer (fire and rescue service) may appoint a person as a member of a community fire unit.
(2)The chief officer may end the appointment at any time in accordance with the commissioner’s guidelines.
Objects and functions of community fire units
(1)The object of a community fire unit is to assist people in the area for which the unit is established to learn how to—
(a)assist with defensive protection of property from fire; and
(b)use equipment for fire prevention work and fire fighting.
(2)The functions of a community fire unit are to—
(a)undertake fire prevention work; and
(b)assist with fire fighting during a fire emergency; and
(c)assist with recovery operations after a fire emergency.
(3)A community fire unit must exercise its functions—
(a)only in the area for which the unit is established; and
(b)in accordance with the standards and protocols for fire and rescue; and
(c)under the direction of the chief officer (fire and rescue service).
Training and equipment for community fire units
The chief officer (fire and rescue service) must provide a community fire unit with training and equipment to enable the unit to exercise its functions.
Part 4.3The rural fire service
Establishment of rural fire service
The ACT Rural Fire Service is established.
Functions of rural fire service
(1)The main function of the rural fire service is to protect and preserve life, property and the environment from fire in rural areas.
(2)In exercising the function, the rural fire service is responsible for—
(a)operational planning for fire response in rural areas, including fire preparedness; and
(b)fire response in rural areas, other than for a fire that is in a building and at which a member of the fire and rescue service is present.
(3)The rural fire service has the following additional functions:
(a)to undertake assistance operations to support other entities in the exercise of their functions under this Act;
Example
assisting members of the fire and rescue service at a fire that is in a building in a rural area
(b)any other function prescribed by regulation.
(4)The rural fire service may also—
(a)respond to a fire in built-up areas; and
(b)provide first response to any other incident to which another emergency service may respond under this Act, if the emergency service is unavailable.
Constitution of rural fire service
The rural fire service consists of—
(a)the chief officer (rural fire service); and
(b)the deputy chief officer (rural fire service); and
(c)other rural fire service members; and
(d)rural fire service volunteer members.
Rural fire brigades
(1)The chief officer (rural fire service) may establish rural fire brigades for the rural fire service.
(2)The chief officer (rural fire service) must determine the number of rural fire brigades for the rural fire service.
(3)The chief officer (rural fire service) may also determine names for the brigades.
(4)A determination under this section is a notifiable instrument.
Ranks for rural fire service members
The chief officer (rural fire service) may give members of the rural fire service various ranks in accordance with the standards and protocols for the rural fire service.
Part 4.4The state emergency service (SES)
Establishment of SES
The ACT State Emergency Service (the SES) is established.
Functions of SES
(1)The main function of the SES is to undertake planning and response operations for storms and floods.
(2)The SES has the following additional functions:
(a)to undertake civil defence planning and civil defence operations;
(b)to undertake assistance operations to support other entities in the exercise of their functions under this Act;
Example
assisting police officers, fire and rescue service members or ambulance service members in dealing with any incident or emergency
(c)to undertake assistance operations to support other entities in relation to searches;
Example
assisting Airservices Australia with a search and rescue service operation under the Air Services Act 1995 (Cwlth)
(d)to provide support for community organisations to the extent that the chief officer (SES) considers would assist the training of members of the service;
(e)to undertake any other operation that the chief officer (SES) considers would benefit the community;
(f)to undertake an operation prescribed by regulation.
Constitution of SES
The SES consists of—
(a)the chief officer (SES); and
(b)the deputy chief officer (SES); and
(c)other SES members; and
(d)SES volunteer members.
SES operational units
(1)The chief officer (SES) may establish operational units for the SES.
(2)The chief officer (SES) must determine the number of operational units for the SES.
(3)The chief officer (SES) may also determine names for the operational units.
(4)A determination under this section is a notifiable instrument.
59ARanks for SES members
The chief officer (SES) may give members of the SES various ranks in accordance with the standards and protocols for the SES.
Part 4.5Volunteers
59BAppointment of volunteer members
(1)The chief officer of a service may appoint a person as a volunteer member of the service.
(2)The chief officer may end the appointment at any time in accordance with the commissioner’s guidelines for the service.
59CVolunteer appointments in accordance with guidelines
(1)The appointment of a person as a volunteer member of a service must be in accordance with the commissioner’s guidelines for the service.
(2)Without limiting subsection (1), the appointment of a volunteer may be made to—
(a)an operational unit in the service; and
(b)a rank in the service.
(3)In this section:
operational unit includes a brigade.
59CAAppointment of emergency services support volunteers
(1)The commissioner may appoint a person as a volunteer (an emergency services support volunteer)—
(a)to assist the commissioner to perform the commissioner’s functions under this Act; or
(b)to assist an emergency service to perform the functions given to the service under this Act.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)However, the commissioner may not appoint a person under subsection (1) if it would be more appropriate for the chief officer of the service to appoint the person as a volunteer member of the service.
(3)The appointment of a person to assist an emergency service must be in accordance with the commissioner’s guidelines for the service.
59DCasual volunteers
(1)A person in charge of an activity that is part of an operation in which an emergency service is taking part may—
(a)ask someone else to take part in the activity without remuneration or reward; or
(b)agree to someone else taking part in the activity without remuneration or reward.
Example
A member of the ambulance service may ask a volunteer to hold equipment.
(2)A person who takes part in an activity under this section is a casual volunteer for this Act.
(3)Subsection (2) does not apply to a member of an emergency service or a member of a support unit or a specialist acting under a cooperative arrangement.
(4)The Legislation Act, part 19.3 does not apply in relation to a casual volunteer.
NoteThe Legislation Act, pt 19.3 deals with appointments generally.
(5)In this section:
specialist—see section 175.
support unit—see section 175.
Part 4.6Other approved providers
Definitions—pt 4.6
In this part:
ambulance services means the provision of medical treatment and pre-hospital patient care, and includes the transport of a patient by ambulance or medical rescue aircraft.
emergency services means—
(a)response operations for storms and floods; or
(b)assistance operations in relation to emergencies and searches.
firefighting services means—
(a)services for the protection of life, property and the environment from fire; or
(b)response operations for hazardous material incidents or chemical, biological or radiological incidents.
rescue services means response operations for rescue incidents, including the release or removal to a safe place of any person, animal or property trapped or endangered because of fire, accident, hazardous material incident, explosion or similar event.
response operation means a coordinated response to an incident to which an emergency service may respond under this Act.
Approval of person to provide services
A person may apply to the Minister for approval to provide ambulance, emergency, firefighting or rescue services.
Decision about approval
(1)The Minister must approve the applicant to provide the services to which the application relates, or refuse to do so.
(2)Before deciding the application, the Minister must consult with the commissioner.
(3)In deciding the application, the Minister must consider—
(a)the public interest; and
(b)the impact of approval on community health and safety; and
(c)the impact of approval on the preservation of life, property and the environment.
(4)The Minister may impose conditions on an approval.
Examples
1 conditions about quality standards for service delivery
2 conditions about training
3 conditions about uniforms
4 conditions limiting the extent or range of services to be provided
(5)An approval is a notifiable instrument.
Offence to provide emergency services without approval
(1)A person commits an offence if—
(a)the person is not approved by the Minister under this part to provide emergency, ambulance, firefighting or rescue services; and
(b)the person provides emergency, ambulance, firefighting or rescue services.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)A person commits an offence if—
(a)the Minister approves the person to provide ambulance, emergency, firefighting or rescue services; and
(b)the person provides ambulance, emergency, firefighting or rescue services for which they are not approved.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3)This section does not apply to—
(a)a doctor in relation to the provision of medical treatment, or pre-hospital care to a patient, in the course of, or as an incident of, conducting a medical practice; or
(b)an entity in relation to the provision of first aid; or
(c)a person who, acting without expectation of payment or other consideration, comes to the aid of a person who is apparently—
(i)injured or at risk of being injured; or
(ii)is in another way in need of emergency assistance; or
(d)a person who, acting without expectation of payment or other consideration, does something to reduce, or attempt to reduce, the effects of an emergency before the arrival of an emergency service; or
(e)a Commonwealth or State agency.
Examples
1firefighting services provided by the Defence Force
2search and rescue services provided under the Air Services Act 1995 (Cwlth)
Part 4.7Services from outside ACT
Interstate and overseas emergency services
(1)This section applies if an interstate or overseas emergency service responds to an emergency or incident in the ACT.
(2)A member of the interstate or overseas emergency service has the functions of the chief officer of an emergency service in relation to the emergency or incident if—
(a)the member has charge of other members of the interstate or overseas emergency service; and
(b)no-one else present is, under this Act, in charge of the operations at the emergency or incident.
NoteFunction includes authority, duty and power (see Legislation Act, dict, pt 1).
(3)If another person present at the emergency or incident is, under this Act, in charge of the operations, a member of the interstate or overseas emergency service must—
(a)comply with any direction given by the person in relation to the emergency or incident; and
(b)place any equipment in the member’s charge at the disposal of the person.
Examples
1 An interstate fire brigade is at a fire in a built-up area and no-one else present is, under this Act, in charge of the firefighting operations. The member of the interstate fire brigade in charge of the brigade will have the functions of the chief officer (fire and rescue service) in relation to the fire.
2 An overseas fire brigade is at a fire in a rural area and members of the rural fire service are also at the fire. The overseas fire brigade must follow the directions of the person in charge of the rural fire service members and allow the rural fire service to use the brigade’s equipment.
(4)This section is subject to any cooperative arrangement that applies to the interstate or overseas emergency service.
(5)In this section:
incident means a fire, an ambulance incident, a rescue or search incident, a hazardous material incident or any other incident to which, under this Act, an emergency service may respond.
Chapter 5Fire management
Part 5.2Fire response and control
Fires in built-up area
(1)This section applies in relation to a fire in a built-up area.
(2)For the purpose of extinguishing or preventing the spread of the fire, or responding to the consequences of the fire, the chief officer (fire and rescue service) may—
(a)control and direct members of an emergency service; and
(b)direct a person to leave any land or premises on fire, near the fire, or affected by the consequences of the fire; and
(c)remove to any place the chief officer considers appropriate anything that the chief officer considers is interfering with, or may interfere with, the fire control operation; and
(d)do anything else the chief officer considers appropriate.
Examples—par (d)
1severing or pulling down a fence
2burning grass or other vegetation
(3)Subsection (2) is in addition to anything the chief officer (fire and rescue service) may do under section 34 (1) (General powers of chief officers) or another territory law.
NoteUnder s 34 (1), the 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.
(4)The chief officer (fire and rescue service) may do anything mentioned in subsection (2) at, immediately after, or in anticipation of the spread of, the fire.
(5)For the protection of life or property or to control or extinguish the fire, a member of the fire and rescue service or a police officer may do anything the chief officer (fire and rescue service) may do under an applicable provision or another territory law without being directed or given authority by the chief officer if—
(a)the thing is done in accordance with the commissioner’s guidelines for the fire and rescue service; or
(b)it is not practicable for a direction or authority to be obtained.
(6)For the application of subsection (5) to a member of the fire and rescue service or a police officer in relation to an applicable provision or another territory law, the law applies to the member or police officer as if a reference to the chief officer (fire and rescue service) were a reference to the member or police officer.
(7)In this section:
applicable provision means—
(a)this section; or
(b)section 34 (1) (General powers of chief officers); or
(c)section 69 (Securing area at or after fire).
fire includes a fire the chief officer (fire and rescue service) has reasonable grounds for believing may exist.
Fires in rural areas
(1)This section applies in relation to a fire in a rural area.
(2)For the purpose of extinguishing or preventing the spread of the fire, or responding to the consequences of the fire, the chief officer (rural fire service) may—
(a)control and direct members of an emergency service; and
(b)direct a person to leave any land or premises on fire, near the fire, or affected by the consequences of the fire; and
(c)remove to any place the chief officer considers appropriate anything that the chief officer considers is interfering with, or may interfere with, the fire control operation; and
(d)do anything else the chief officer considers appropriate.
Examples—par (d)
1severing or pulling down a fence
2burning grass or other vegetation
(3)Subsection (2) is in addition to anything the chief officer (rural fire service) may do under section 34 (1) (General powers of chief officers) or another territory law.
NoteUnder s 34 (1), the 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.
(4)The chief officer (rural fire service) may do anything mentioned in subsection (2) at, immediately after, or in anticipation of the spread of, the fire.
(5)If the chief officer (rural fire service) removes stock from land, the chief officer must, as soon as practicable, tell the owner of the land about the removal.
(6)If the chief officer (rural fire service) severs or pulls down a fence on land, the chief officer must, as soon as practicable—
(a)temporarily repair the fence; and
(b)tell the owner of the land about the temporary repair.
(7)For the protection of life or property or to control or extinguish the fire, a member of the rural fire service, a member of the fire and rescue service or a police officer may do anything the chief officer (rural fire service) may do under an applicable provision or another territory law without being directed or given authority by the chief officer, if—
(a)the thing is done in accordance with the commissioner’s guidelines for the rural fire service; or
(b)it is not practicable for a direction or authority to be obtained.
(8)For the application of subsection (7) to a member of the rural fire service, a member of the fire and rescue service or a police officer in relation an applicable provision or another territory law, the law applies to the member or police officer as if a reference to the chief officer (rural fire service) were a reference to the member or police officer.
(9)In this section:
applicable provision means—
(a)this section; or
(b)section 34 (1) (General powers of chief officers); or
(c)section 69 (Securing area at or after fire).
fire includes a fire that the chief officer (rural fire service) has reasonable grounds for believing may exist.
Securing area at or after fire
(1)The chief officer (fire and rescue service) may do anything the chief officer considers necessary to make premises safe at or immediately after a fire.
Examples
shoring up, pulling down or destroying a wall or structure that is damaged or made insecure
(2)The chief officer (rural fire service) may do anything the chief officer considers necessary to make premises safe at or immediately after a fire in a rural area, other than a fire that is in a building if a member of the fire and rescue service is present.
NoteThe rural fire service may assist the fire and rescue service in the exercise of its functions in relation to fires in buildings in rural areas.
(3)An amount of expenses incurred by the chief officer in doing anything mentioned in subsection (1) may be recovered by the Territory as a debt owing to the Territory by the owner of the premises.
(4)In this section:
owner, of a wall or structure, includes the occupier of the land on which the wall or structure is situated.
o
Part 5.3Bushfire prevention
Definitions for pt 5.3
In this part:
agency means—
(a)an administrative unit; or
(b)a territory-owned corporation; or
(c)an entity prescribed by regulation for this definition.
Commissioner may declare bushfire abatement zone
(1)The commissioner may, after consulting with the conservator and the territory planning authority, declare an area to be a bushfire abatement zone.
(2)A declaration is a notifiable instrument.
Strategic bushfire management plan
(1)The commissioner must prepare, and give the Minister, a draft strategic bushfire management plan for the ACT.
(2)In preparing the draft plan, the commissioner must—
(a)consult with the advisory council; and
(b)consult with the conservator; and
(c)consider the impact of the plan on any—
(i)land management agreement; or
(ii)land manager; or
(iii)public land management plan under the Planning Act 2023, section 388 (1).
(3)The commissioner must—
(a)prepare a written report setting out the commissioner’s response to any matters raised by the conservator, in writing, during consultation on the draft plan; and
(b)give the report to the Minister with the draft plan.
(4)After considering the draft plan, the Minister must make a strategic bushfire management plan for the ACT (the strategic bushfire management plan).
(5)The plan is a disallowable instrument.
(6)If the Minister received a report under subsection (3) (b) in relation to the plan, the report must be presented to the Legislative Assembly with the plan.
(7)The commissioner must, in consultation with the advisory council, monitor the scope and effectiveness of the plan.
(8)The commissioner, in consultation with the advisory council, may recommend amendments of the plan to the Minister.
Bushfire management plan committee
(1)The commissioner may establish a committee to help the commissioner prepare the draft strategic bushfire management plan and monitor the scope and effectiveness of the plan.
(2)The commissioner must ensure that people with experience in land management and bushfire management are among the committee members.
(3)The commissioner may decide—
(a)how the committee is to exercise its function; and
(b)the procedure to be followed for meetings of the committee.
Content of strategic bushfire management plan
(1)A strategic bushfire management plan must provide a basis for—
(a)bushfire hazard assessment and risk analysis; and
(b)bushfire prevention, including hazard reduction; and
(c)agency and community preparation and response in relation to bushfires.
(2)The plan must include the following:
(a)a statement of strategic objectives for the plan;
(b)a description of the bushfire environment;
Examples
1weather
2topography
3fuels
(c)a summary of known bushfire causes;
(d)a risk assessment of factors contributing to bushfires and the spread of bushfires;
(e)a list of public assets (including cultural and ecological assets) vulnerable to bushfire;
(f)a statement about how information is kept about privately‑owned assets of public interest vulnerable to bushfire;
(g)strategies for prevention of, and preparedness for, bushfires;
(h)strategies for access for response and fire management activities;
(i)a statement of strategies for research and monitoring of bushfire risk;
(j)a statement of strategies for recovery after a bushfire;
(k)a statement of resources needed to meet the objectives of the plan;
(l)anything else prescribed by regulation.
(3)The plan may also set out—
(a)requirements for owners or managers of land for the prevention of, and preparedness for, bushfires; and
Example
location and maintenance of fire trails
(b)requirements for a bushfire operational plan.
Examples
1prevention activities
2preparedness activities
3performance indicators for activities
(4)A bushfire management requirement may be for—
(a)a particular land manager; or
(b)a particular area of land.
Examples
1 the manager of an area of unleased territory land
2 land in a bushfire abatement zone
Public consultation for strategic bushfire management plan
(1)Before making the strategic bushfire management plan, the Minister must prepare a notice (a consultation notice)—
(a)stating that copies of a draft of the plan are available for inspection during a stated period of at least 15 business days at stated places; and
(b)inviting interested people to give written comments about the draft plan to the commissioner at a stated address during a stated period ending at least 15 business days after the end of the period mentioned in paragraph (a).
(2)The consultation notice is a notifiable instrument.
(3)The Minister must give additional public notice of the consultation notice.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (3) is in addition to the requirement for notification on the legislation register as a notifiable instrument.
Assessment of resources and capabilities
(1)After the Minister makes the strategic bushfire management plan, the commissioner must conduct an assessment, based on the plan, of available resources and capabilities for bushfire prevention and preparedness.
(2)The commissioner must give the assessment to the advisory council and the Minister.
Compliance with strategic bushfire management plan
(1)An owner of land must—
(a)as far as practicable, ensure that the land is managed in accordance with the strategic bushfire management plan; and
(b)comply with any bushfire management requirement for the land.
(2)The manager of an area of unleased territory land or land occupied by the Territory must—
(a)as far as practicable, ensure that the area is managed in accordance with the strategic bushfire management plan; and
(b)comply with any bushfire management requirement for the manager or the land.
77AInconsistency between strategic bushfire management plan and public land management plan
(1)This section applies if the strategic bushfire management plan is inconsistent with a public land management plan in force for an area of unleased territory land or land occupied by the Territory.
(2)The public land management plan has no effect to the extent of the inconsistency.
(3)In this section:
public land management plan—see the Planning Act 2023, section 388 (1).
77BCommissioner may make bushfire management standards
(1)The commissioner may make standards relating to requirements under the strategic bushfire management plan (the bushfire management standards).
(2)In preparing the bushfire management standards the commissioner must consult with the conservator.
(3)The bushfire management standards may apply, adopt or incorporate a law or instrument as in force from time to time.
NoteThe text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
(4)The bushfire management standards are a notifiable instrument.
(5)The Legislation Act, section 47 (6) does not apply in relation to an Australian Standard, or an Australian/New Zealand Standard, applied, adopted or incorporated as in force from time to time under the bushfire management standards.
Bushfire operational plans
(1)This section applies to a person who is—
(a)the manager of an area of unleased territory land or land occupied by the Territory, unless the land is exempt from the operation of this section under the strategic bushfire management plan; or
(b)the owner of an area of land in a bushfire abatement zone if—
(i)the strategic bushfire management plan sets out requirements for a bushfire operational plan for the bushfire abatement zone; and
(ii)the land is identified in the strategic bushfire management plan as land for which a bushfire operational plan must be prepared.
(2)The person must give the commissioner a draft bushfire operational plan for the area in accordance with the strategic bushfire management plan.
(3)The commissioner may—
(a)approve the draft bushfire operational plan for the area; or
(b)approve the draft plan for the area with stated amendments; or
(c)decide not to approve the draft plan.
(4)The commissioner is taken to have approved a draft bushfire operational plan without amendments if the commissioner does not make a decision about the approval within 40 working days after the day the plan is given to the commissioner.
(5)The person must review the bushfire operational plan and give the commissioner a draft updated bushfire operational plan at intervals of not longer than––
(a)for a person mentioned in subsection (1) (a)––2 years; or
(b)for a person mentioned in subsection (1) (b)––5 years.
Review of strategic bushfire management plan
(1)The Minister must, in consultation with the advisory council, comprehensively review the strategic bushfire management plan at intervals of not more than 5 years.
(2)The review must have regard to the 10-year period after the date of the review.
Directions by Minister to manager of land
(1)The Minister may give a written direction to the manager of an area of unleased territory land, or land occupied by the Territory, in relation to compliance with—
(a)a bushfire management requirement for the area; or
(b)a bushfire operational plan for the area; or
(c)a bushfire management standard for the area.
(2)The manager must comply with the direction.
Directions by commissioner to owner of land
(1)The commissioner may, in writing, direct an owner of land in an area to comply with—
(a)a bushfire management requirement for the area; or
(b)a bushfire operational plan for the area; or
(c)a bushfire management standard for the area.
(2)Unless the commissioner is satisfied that there are urgent circumstances, the commissioner must consult with the conservator before giving the direction.
(3)The commissioner may, in consultation with the conservator, make guidelines for giving directions under this section in urgent circumstances.
Failure to comply with direction
(1)A person commits an offence if the person fails to comply with a direction given to the person under section 82.
Maximum penalty: 50 penalty units
(2)An offence against this section is a strict liability offence.
NoteInspectors have powers in relation to compliance with the strategic bushfire management plan and bushfire operational plans (see div 5.5.3).
Fire fuel reduction
The chief officer (fire and rescue service) and the chief officer (rural fire service) may, at any time in accordance with the strategic bushfire management plan and the Environment Protection Act 1997, light a controlled fire anywhere in the ACT for the purpose of reducing the risk of bushfire or the spread of bushfire.
Part 5.4Fire prevention—premises
Division 5.4.1 Notices and directions for premises
Meaning of relevant chief officer—div 5.4.1
In this division:
relevant chief officer means—
(a)in relation to premises in a built-up area—the chief officer (fire and rescue service); and
(b)in relation to premises in a rural area—the chief officer (fire and rescue service) or the chief officer (rural fire service).
Notices for premises
(1)This section applies if the relevant chief officer believes, on reasonable grounds, that any of the following is or is likely to present a risk (from fire or other hazard) to public safety or to the safety of people who are or are likely to be at premises:
(a)the premises;
(b)anything at the premises;
(c)the lack or inadequacy of fire prevention measures or fire safety systems on or in relation to the premises;
(d)the use to which the premises are or are likely to be put;
(e)the number of people likely to be at the premises at any time.
Note 1Premises includes any land, structure or vehicle and any part of an area of land, a structure or vehicle (see dict).
Note 2At premises includes in or on the premises (see dict).
(2)The relevant chief officer may issue, for the premises—
(a)an improvement notice; or
(b)an occupancy notice; or
(c)a closure notice.
(3)The relevant chief officer must give a copy of the notice to—
(a)the person the chief officer believes, on reasonable grounds, to be the occupier of the premises; and
(b)if that person is not the owner of the premises—the person the chief officer believes, on reasonable grounds, to be the owner of the premises.
Improvement notices
(1)An improvement notice for premises must state—
(a)the action the occupier of the premises must take to reduce the risk (from fire or other hazard) to public safety or to the safety of people who are or are likely to be at the premises, to a level that the relevant chief officer considers acceptable; and
(b)the period during which the action must be taken.
(2)Before the end of the period stated in the improvement notice, the relevant chief officer may, on the relevant chief officer’s initiative or on application from the occupier of the premises, by written notice given to the occupier, extend the period.
Occupancy notices
An occupancy notice for premises must direct the occupier of the premises not to allow more than the number of people stated in the notice to be at the premises at any time.
Closure notices
A closure notice for premises must direct the occupier of the premises not to allow anyone other than the occupier to be at the premises except—
(a)in the course of the person’s employment with the occupier; or
(b)to clean, maintain, repair or alter the premises or anything on them; or
(c)for this Act.
Display of improvement notices etc
(1)The occupier of premises for which an improvement notice, occupancy notice or closure notice has been given must, while the notice is in force, display a copy of the notice at every entrance to the premises.
(2)The notice must be displayed in a way that it can be easily read by people outside the premises.
Ending of notices for premises
(1)This section applies if an improvement notice, occupancy notice or closure notice has been given to the occupier of premises.
(2)The notice ends when the notice is revoked under this section.
(3)The occupier may ask the relevant chief officer who gave the notice, in writing, for a reinspection of the situation or circumstances that caused the notice to be given if the occupier considers there are no grounds for the notice to continue.
(4)If the relevant chief officer is satisfied that there are no grounds for the notice to continue, the chief officer must revoke the notice by written notice given to the occupier.
(5)Also, the notice is taken to be revoked on the 3rd business day after the day the request for reinspection is received by the relevant chief officer if—
(a)the reinspection is not made within 2 business days after the day the request is received; and
(b)the person who made the request is not responsible, completely or partly, for the delay in making the reinspection.
NoteFor the meaning of business day, see the Legislation Act, dict, pt 1.
(6)This section does not prevent an improvement notice, closure notice or occupancy notice being given to the same person in relation to the same situation or circumstance.
Direction to provide fire appliance at premises
The relevant chief officer may, in writing, direct the occupier of premises for the provision or installation of a fire appliance at the premises.
Division 5.4.2 Offences relating to premises
Failure to display improvement notice etc
(1)A person commits an offence if the person—
(a)has been given an improvement notice, occupancy notice or closure notice; and
(b)fails to display the notice in accordance with section 90.
Maximum penalty: 10 penalty units.
(2)An offence against this section is a strict liability offence.
Failure to comply with improvement notice etc
(1)The occupier of premises commits an offence if the occupier fails to take all reasonable steps to comply with an improvement notice, occupancy notice or closure notice given to the occupier.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
NoteInspectors have powers in relation to enforcement of notices (see div 5.5.3).
Offences about fire appliances
(1)The occupier of premises commits an offence if the occupier fails to comply with a direction given to the occupier under section 92 (Direction to provide fire appliance at premises).
Maximum penalty: 50 penalty units.
(2)The occupier of premises commits an offence if—
(a)a fire appliance is provided or installed at the premises under a direction under section 92; and
(b)the occupier does not maintain the fire appliance in accordance with a proper maintenance standard.
Maximum penalty: 50 penalty units.
(3)The occupier of premises commits an offence if—
(a)a fire appliance at the premises has been removed, destroyed or damaged or is defective; and
(b)the occupier knows or is reckless about whether the fire appliance has been removed, destroyed or damaged or is defective; and
(c)the occupier fails to repair or replace the fire appliance.
Maximum penalty: 50 penalty units.
(4)An offence against subsection (1) is a strict liability offence.
(5)Strict liability applies to subsection (3) (c).
(6)In this section:
proper maintenance standard means—
(a)AS 1851 (Routine service of fire protection systems and equipment) as in force from time to time; or
(b)AS/NZS 2293.2 (Emergency evacuation lighting for buildings Inspection and maintenance) as in force from time to time; or
(c)a standard approved for the fire appliance as part of a building approval issued for the premises under the Building Act 2004, section 28; or
(d)a standard of maintenance prescribed by regulation.
(7)The Legislation Act, section 47 (6) does not apply in relation to an Australian Standard, or an Australian/New Zealand Standard, applied, adopted or incorporated as in force from time to time under this section.
NoteThe standards do not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). The standards may be purchased at member means a person appointed as a volunteer member of an emergency service under section 59B.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Legislation history
Emergencies Act 2004 A2004-28
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
sch 3 pt 3.1, pt 3.2 commenced 1 September 2004 (s 2 (2) and see Building Act 2004 A2004-11, s 2 and Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)
amdt 3.47, amdt 3.48 commenced 19 July 2004 (s 2 (3) and see Environment Legislation Amendment Act 2004 A2004-23 s 2)
remainder commenced 1 July 2004 (s 2 (1) and CN2004-11)as modified by
Emergencies Regulations 2004 SL2004-26 reg 10
notified LR 30 June 2004
reg 1, reg 2 commenced 30 June 2004 (LA s 75 (1))
reg 10 commenced 1 July 2004 (reg 2 and see Emergencies Act 2004 A2004-28, s 2 (1) and CN2004-11)as amended by
Public Sector Management Amendment Act 2005 (No 2) A2005‑44 sch 1 pt 1.3
notified LR 30 August 2005
s 1, s 2 commenced 30 August 2005 (LA s 75 (1))
sch 1 pt 1.3 commenced 8 September 2005 (s 2 and CN2005-19)Emergencies Amendment Act 2005 A2005-56
notified LR 23 November 2005
s 1, s 2 commenced 23 November 2005 (LA s 75 (1))
remainder commenced 24 November 2005 (s 2)Administrative (Miscellaneous Amendments) Act 2006 A2006-30 sch 1 pt 1.2
notified LR 16 June 2006
s 1, s 2 commenced 16 June 2006 (LA s 75 (1))sch 1 pt 1.2 commenced 1 July 2006 (s 2 (1))
Statute Law Amendment Act 2006 A2006-42 sch 1 pt 1.1
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 1 pt 1.1 commenced 16 November 2006 (s 2 (1))Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.11
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))sch 1 pt 1.11 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.24
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.24 commenced 26 August 2008 (s 2)ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.38
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.38 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.27
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))sch 3 pt 3.27 commenced 22 September 2009 (s 2)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.25
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))sch 3 pt 3.25 commenced 17 December 2009 (s 2)
Justice and Community Safety Legislation Amendment Act 2010 A2010-13 sch 1 pt 1.2
notified LR 31 March 2010
s 1, s 2 commenced 31 March 2010 (LA s 75 (1))
s 3 commenced 1 April 2010 (LA s 75AA)sch 1 pt 1.2 commenced 28 April 2010 (s 2 (4))
Emergencies Amendment Act 2010 A2010-17
notified LR 12 May 2010
s 1, s 2 commenced 12 May 2010 (LA s 75 (1))
remainder commenced 20 August 2010 (s 2 and CN2010-8)Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.61
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.61 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.12
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75 (1))sch 3 pt 3.12 commenced 21 September 2011 (s 2 (1))
Emergencies (Commissioner Directions) Amendment Act 2012 A2012‑12
notified LR 4 April 2012
s 1, s 2 commenced 4 April 2012 (LA s 75 (1))
remainder commenced 5 April 2012 (s 2)Justice and Community Safety Legislation Amendment Act 2012 A2012-13 sch 1 pt 1.5
notified LR 11 April 2012
s 1, s 2 commenced 11 April 2012 (LA s 75 (1))sch 1 pt 1.5 commenced 12 April 2012 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2012 (No 2) A2012‑30 sch 1 pt 1.2
notified LR 13 June 2012
s 1, s 2 commenced 13 June 2012 (LA s 75 (1))sch 1 pt 1.2 commenced 14 June 2012 (s 2)
Emergencies Amendment Act 2014 A2014-50
notified LR 10 November 2014
s 1, s 2 commenced 10 November 2014 (LA s 75 (1))remainder commenced 11 November 2014 (s 2)
Nature Conservation Act 2014 A2014‑59 sch 2 pt 2.3
notified LR 11 December 2014
s 1, s 2 commenced 11 December 2014 (LA s 75 (1))sch 2 pt 2.3 commenced 11 June 2015 (s 2 (1) and LA s 79)
Annual Reports (Government Agencies) Amendment Act 2015 A2015‑16 sch 1 pt 1.9
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))sch 1 pt 1.9 commenced 3 June 2015 (s 2)
Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.22
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.22 commenced 14 October 2015 (s 2)Protection of Rights (Services) Legislation Amendment Act 2016 (No 2) A2016‑13 sch 1 pt 1.20
notified LR 16 March 2016
s 1, s 2 commenced 16 March 2016 (LA s 75 (1))sch 1 pt 1.20 commenced 1 April 2016 (s 2 and see Protection of Rights (Services) Legislation Amendment Act 2016 A2016-1 s 2)
Emergencies Amendment Act 2016 A2016‑33
notified LR 20 June 2016
s 1, s 2 commenced 20 June 2016 (LA s 75 (1))remainder commenced 21 June 2016 (s 2)
Justice and Community Safety Legislation Amendment Act 2017 (No 3) A2017-38 pt 9
notified LR 9 November 2017
s 1, s 2 commenced 9 November 2017 (LA s 75 (1))
pt 9 commenced 16 November 2017 (s 2 (1))Emergencies Amendment Act 2018 A2018-49
notified LR 6 December 2018
s 1, s 2 commenced 6 December 2018 (LA s 75 (1))
remainder commenced 7 December 2018 (s 2)Motor Accident Injuries Act 2019 A2019-12 sch 3 pt 3.3
notified LR 31 May 2019
s 1, s 2 commenced 31 May 2019 (LA s 75 (1))
sch 3 pt 3.3 commenced 1 February 2020 (s 2 (1) and CN2019-13)
Justice and Community Safety Legislation Amendment Act 2019 A2019-17 pt 4
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
pt 4 commenced 21 June 2019 (s 2)Emergencies Amendment Act 2020 A2020-47
notified LR 3 September 2020
s 1, s 2 commenced 3 September 2020 (LA s 75 (1))
remainder commenced 4 September 2020 (s 2)Emergencies Amendment Act 2021 A2021-30
notified LR 10 December 2021
s 1, s 2 commenced 10 December 2021 (LA s 75 (1))
remainder commenced 11 December 2021 (s 2)Legislation (Legislative Assembly Committees) Amendment Act 2022 A2022-4 sch 1 pt 1.7
notified LR 30 March 2022
s 1, s 2 commenced 30 March 2022 (LA s 75 (1))
sch 1 pt 1.7 commenced 6 April 2022 (s 2)Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.12
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.12 commenced 24 August 2022 (s 2)Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.22
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.22 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)Education and Care Services National Law (ACT) Amendment Act 2024 A2024-33 sch 1 pt 1.5
notified LR 10 July 2024
s 1, s 2 commenced 10 July 2024 (LA s 75 (1))
sch 1 pt 1.5 commenced 11 July 2024 (s 2 (1))Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.35, sch 4 pt 4.68
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.35, sch 4 pt 4.68 commenced 16 November 2025 (s 2 (1), (9))Amendment history
Preliminary
pt 1.1 hdgins A2021‑30 s 4
Commencement
s 2om LA s 89 (4)
Objects of Act
s 3am A2006‑30 amdt 1.2; A2010‑17 s 4; A2012‑13 amdt 1.36; A2014-50 s 4; A2016‑33 s 62; A2021‑30 s 5
Dictionary
s 4am A2007‑25 amdt 1.40; A2023-36 amdt 1.122
Area concepts
pt 1.2 hdgins A2021‑30 s 6
Meaning of built-up area
s 6Ains A2021‑30 s 6
Meaning of rural area
s 6Bins A2021‑30 s 6
Emergency services commissioner
ch 2 hdgsub A2006‑30 amdt 1.3
Emergency services authority
pt 2.1 hdgom A2006‑30 amdt 1.3
Emergency services commissioner
s 7sub A2006‑30 amdt 1.3
am A2011‑22 amdt 1.194; A2012‑12 s 4
Commissioner’s functions
s 8sub A2006‑30 amdt 1.3
am A2010‑17 s 5; pars renum R15 LA; A2012‑12 s 5; A2014‑50 ss 5-8; A2016‑33 s 4
Directions by commissioner in relation to emergencies
s 8Ains A2012‑12 s 6; A2014‑50 s 9
Functions of authority
pt 2.2 hdgom A2006‑30 amdt 1.3
Minister and emergency coordination
s 9am A2005‑56 s 4
sub A2006‑30 amdt 1.3
Asking advisory council’s advice
s 10sub A2006‑30 amdt 1.3; A2021‑30 s 7
Commissioner may make guidelines
s 11sub A2006‑30 amdt 1.3
am A2011‑28 amdt 3.82; A2016‑33 s 5, s 6; ss renum R26 LA; A2021‑30 s 8, s 9; ss renum R32 LA; A2022-4 amdt 1.16, amdt 1.17; A2025‑29 amdt 4.68
Delegation by commissioner
s 12sub A2006‑30 amdt 1.3; A2010‑13 amdt 1.15
am A2012‑12 s 7; A2021‑30 s 10
Assistant emergency services commissioners
s 13om A2006‑30 amdt 1.3
ins A2021‑30 s 11
Operations of authority
pt 2.3 hdgom A2006‑30 amdt 1.3
Assistant commissioners’ functions
s 14om A2006‑30 amdt 1.3
ins A2021‑30 s 11
Delegation by assistant commissioners
s 15om A2006‑30 amdt 1.3
ins A2021‑30 s 11
Reports by authority to Minister
s 16om A2006‑30 amdt 1.3
Authority’s annual report
s 17om A2006‑30 amdt 1.3
Emergency services commissioner
pt 2.4 hdgom A2006‑30 amdt 1.3
Appointment of commissioner
s 18om A2006‑30 amdt 1.3
Functions of commissioner
s 19om A2006‑30 amdt 1.3
Delegation by commissioner
s 19Ains A2005‑56 s 5
om A2006‑30 amdt 1.3
Commissioner’s employment conditions
s 20om A2006‑30 amdt 1.3
Ending commissioner’s appointment
s 21om A2006‑30 amdt 1.3
Authority staff, volunteers and consultants
pt 2.5 hdgom A2006‑30 amdt 1.3
Authority staff
s 22am A2005‑44 amdt 1.3, amdt 1.4
om A2006‑30 amdt 1.3
Agreement for use of other government staff etc
s 23om A2006‑30 amdt 1.3
Appointment of volunteer members
s 24om A2006‑30 amdt 1.3
Volunteer appointments in accordance with guidelines
s 25om A2006‑30 amdt 1.3
Casual volunteers
s 26om A2006‑30 amdt 1.3
Authority consultants
s 27om A2006‑30 amdt 1.3
Chief officer—ambulance service
s 28am A2006‑30 amdt 1.4; A2011‑22 amdt 1.194; A2016‑33 s 7
Chief officer—fire and rescue service
s 29 hdgsub A2012‑13 amdt 1.21; A2016‑33 s 8
s 29am A2006‑30 amdt 1.5; A2011‑22 amdt 1.194; A2012‑13 amdt 1.36, amdt 1.37; A2016‑33 s 9, s 10, s 62, s 63; A2017‑38 s 25; pars renum R27 LA
Chief officer—rural fire service
s 30am A2006‑30 amdt 1.6; A2011‑22 amdt 1.194; A2012‑13 amdt 1.37; A2016‑33 ss 11-13
Chief officer—SES
s 31am A2006‑30 amdt 1.7; A2011‑22 amdt 1.194; A2016‑33 s 14
Deputy chief officers
s 32am A2006‑30 amdt 1.8, amdt 1.9; A2011‑22 amdt 1.194; A2016‑33 s 15
General powers of chief officers
s 34am A2006‑30 amdt 1.36; A2014‑50 s 10; pars renum R21 LA; A2021‑30 s 12; A2024‑33 amdt 1.10
Directions by chief officer to service members
s 35am A2006‑30 amdt 1.10; A2016‑33 s 16
Chief officers to advise commissioner
s 36sub A2006‑30 amdt 1.11
Standards and protocols for the services
s 38am A2006‑30 amdt 1.36; A2012‑13 amdt 1.22; A2016‑33 s 63
Delegations by chief officers
s 39am A2021‑30 s 13
Functions of ambulance service
s 41am A2012‑13 amdt 1.23; A2016‑33 s 17
Fire and rescue service
pt 4.2 hdgsub A2012‑13 amdt 1.24; A2016‑33 s 18
Fire and rescue service
div 4.2.1 hdg sub A2012‑13 amdt 1.25; A2016‑33 s 19
Establishment of fire and rescue service
s 43sub A2012‑13 amdt 1.26; A2016‑33 s 19
Functions of fire and rescue service
s 44 hdgsub A2012‑13 amdt 1.27
s 44am A2012‑13 amdt 1.36
sub A2016‑33 s 19
Constitution of fire and rescue service
s 45 hdgsub A2012‑13 amdt 1.28
s 45am A2012‑13 amdt 1.36, amdt 1.37
sub A2016‑33 s 19
Ranks for fire and rescue service members
s 46 hdgsub A2012‑13 amdt 1.29
s 46am A2012‑13 amdt 1.36, amdt 1.37
sub A2016‑33 s 19
Establishment of community fire units
s 47am A2012‑13 amdt 1.37; A2016‑33 s 63
Appointment of members of units
s 48am A2006‑30 amdt 1.36; A2012‑13 amdt 1.37; A2016‑33 s 63
Objects and functions of community fire units
s 49am A2012‑13 amdt 1.36, amdt 1.37; A2016‑33 s 63
Training and equipment for community fire units
s 50am A2012‑13 amdt 1.37; A2016‑33 s 63
Functions of rural fire service
s 52am A2012‑13 amdt 1.36; A2016‑33 s 20, s 21, s 62
Rural fire brigades
s 54sub A2005‑56 s 6
am A2021‑30 s 14; A2025‑29 amdt 4.68
Functions of SES
s 57am A2012‑13 amdt 1.30; A2016‑33 s 22
SES operational units
s 59sub A2005‑56 s 7
am A2025‑29 amdt 4.68
Ranks for SES members
s 59Ains A2005‑56 s 8
Volunteers
pt 4.5 hdgorig pt 4.5 hdg renum as pt 4.6 hdg
ins A2006‑30 amdt 1.12
Appointment of volunteer members
s 59Bins A2006‑30 amdt 1.12
Volunteer appointments in accordance with guidelines
s 59Cins A2006‑30 amdt 1.12
am A2016‑33 s 23, s 24; ss renum R26 LA
Appointment of emergency services support volunteers
s 59CAins A2010‑13 amdt 1.16
Casual volunteers
s 59Dins A2006‑30 amdt 1.12
Other approved providers
pt 4.6 hdgorig pt 4.6 hdg renum as pt 4.7 hdg
(prev pt 4.5 hdg) renum as pt 4.6 hdg A2006‑30 amdt 1.13
Definitions—pt 4.6
s 60 hdgsub A2006‑30 amdt 1.14
Approval of person to provide services
s 61am A2025‑29 amdt 4.68
Decision about approval
s 62am A2006‑30 amdt 1.35; A2011‑28 amdt 3.82; A2025‑29 amdt 4.68
Services from outside ACT
pt 4.7 hdg(prev pt 4.6 hdg) renum as pt 4.7 hdg A2006‑30 amdt 1.13
Interstate and overseas emergency services
s 64am A2012‑13 amdt 1.37; A2016‑33 s 63
Interpretation for ch 5
pt 5.1 hdgom A2021‑30 s 15
What is a built-up area and a rural area?
s 65am A2006‑30 amdt 1.35; A2011‑28 amdt 3.82; A2012‑13 amdt 1.36, amdt 1.37; A2016‑33 s 25, s 63
om A2021‑30 s 15
What is the city area?
s 66am A2012‑13 amdt 1.36
om A2016‑33 s 26
Fires in built-up area
s 67am A2006‑30 amdt 1.36; A2012‑13 amdt 1.36, amdt 1.37; A2016‑33 s 27, s 62, s 63
Fires in rural areas
s 68am A2006‑30 amdt 1.36; A2012‑13 amdt 1.36; A2016‑33 s 28, s 62
Securing area at or after fire
s 69am A2012‑13 amdt 1.36, amdt 1.37; A2016‑33 s 62, s 63
Definitions for pt 5.3
s 70def annual report om A2015‑16 amdt 1.11
Commissioner may declare bushfire abatement zone
s 71sub A2006‑30 amdt 1.15
am A2023-36 amdt 1.123; A2025‑29 amdt 4.68
Strategic bushfire management plan
s 72am A2006‑30 amdt 1.35; A2011‑28 amdt 3.82; A2014‑50 s 11, s 12; ss renum R21 LA; A2014‑59 amdt 2.8; A2021‑30 s 16; A2023-36 amdt 1.124; A2025‑29 amdt 4.68
Bushfire management plan committee
s 73am A2006‑30 amdt 1.35
Content of strategic bushfire management plan
s 74am A2005‑56 s 9; A2014‑50 s 13
Public consultation for strategic bushfire management plan
s 75am A2005‑56 s 10; A2006‑30 amdt 1.35; A2009‑20 amdt 3.67; A2015‑33 amdt 1.67; A2025‑29 amdt 4.68
Assessment of resources and capabilities
s 76am A2005‑56 s 11; A2006‑30 amdt 1.35; A2021‑30 s 17
Compliance with strategic bushfire management plan
s 77 hdgsub A2014‑50 s 14
s 77am A2007‑25 amdt 1.41; A2014‑50 s 15
Inconsistency between strategic bushfire management plan and public land management plan
s 77Ains A2014‑50 s 16
sub A2014‑59 amdt 2.9
am A2023-36 amdt 1.124
Commissioner may make bushfire management standards
s 77Bins A2016‑33 s 29
amA2025‑29 amdt 4.68
Bushfire operational plans
s 78sub A2005‑56 s 12; A2006‑30 amdt 1.35; A2014‑50 s 17, s 18
Bushfire operational plans—bushfire abatement zone
s 79om A2005‑56 s 12
Review of strategic bushfire management plan
s 80am A2021‑30 s 18
Directions by Minister to manager of land
s 81am A2016‑33 s 30
Directions by commissioner to owner of land
s 82sub A2006‑30 amdt 1.16
am A2016‑33 s 31
Fire fuel reduction
s 84sub A2016‑33 s 32
Meaning of relevant chief officer—div 5.4.1
s 85om A2015‑16 amdt 1.12
ins A2016‑33 s 33
Notices for premises
s 86am A2012‑13 amdt 1.37; A2016‑33 s 34
Improvement notices
s 87am A2012‑13 amdt 1.37; A2016‑33 s 34, s 35
Ending of notices for premises
s 91am A2012‑13 amdt 1.37; A2016‑33 s 36, s 37
Direction to provide fire appliance at premises
s 92am A2012‑13 amdt 1.37; A2016‑33 s 38
Offences about fire appliances
s 95am A2019‑17 s 9, s 10; A2021‑30 s 19, s 20; ss renum R32 LA
Obstruction of passageway, door etc
s 96am A2012‑13 amdt 1.37; A2016‑33 s 63
Appointment of inspectors
s 99am A2012‑13 amdt 1.36, amdt 1.37; A2016‑33 s 62, s 63
Appointment of investigators
s 100am A2012‑13 amdt 1.36, amdt 1.37; A2016‑33 s 62, s 63
Inspector may enter land
s 103am A2022‑14 amdt 3.70
Inspector may enter premises
s 104am A2022‑14 amdt 3.70
Enforcement of improvement, occupancy and closure notices
s 105am A2022‑14 amdt 3.71
Directions to comply with fire prevention obligations etc
s 109am A2016‑33 s 39
Investigator may enter land or premises
s 111am A2022‑14 amdt 3.72
Investigator’s power to require name and address
s 113am A2009‑49 amdt 3.57; A2022‑14 amdt 3.72
Total fire ban, controlled activities, related offences and fire permits
pt 5.6 hdgsub A2021‑30 s 21
Definitions—pt 5.6
div 5.6.1A hdg ins A2021‑30 s 21
Definitions—pt 5.6
s 113Ains A2021‑30 s 21
def fire permit ins A2021‑30 s 21
def firework ins A2021‑30 s 21
def high risk activity ins A2021‑30 s 21
def total fire ban ins A2021‑30 s 21
Declaration of total fire ban
s 114am A2006‑30 amdt 1.35; A2021‑30 s 22
Publication of total fire ban
s 115am A2006‑30 amdt 1.35; A2009‑20 amdt 3.67; A2015‑33 amdt 1.68; A2021‑30 s 23
Offence—lighting etc fire during total fire ban
s 116am A2006‑30 amdt 1.35; A2016‑33 s 40; A2021‑30 s 24, s 25
Offence—high risk activity during total fire ban
s 116Ains A2016‑33 s 41
am A2021‑30 s 26, s 27
Declaration of exempt fires
s 117am A2006‑30 amdt 1.35; A2011‑28 amdt 3.82; A2025‑29 amdt 4.68
Fire permits
s 118am A2005‑56 s 13; A2006‑30 amdt 1.35; A2016‑33 s 42, s 43
om A2021‑30 s 28
Bushfire season
s 119am A2006‑30 amdt 1.35; A2011‑28 amdt 3.82; A2021‑30 s 29; A2025‑29 amdt 4.68
Notification of fire etc—obligations of owners or occupiers of rural land
s 121am A2006‑30 amdt 1.35; A2012‑13 amdt 1.36; A2016‑33 s 62
Using fires and appliances for cooking etc in open air
s 122am A2005‑56 s 14; A2006‑30 amdt 1.35; A2012‑30 amdt 1.17; A2021‑30 s 30, s 31
Lighting fires for burning off
s 123am A2006‑30 amdt 1.17, amdt 1.35; A2006‑42 amdt 1.1; A2012‑30 amdt 1.18; A2021‑30 s 32, s 33
Permits for div 5.6.2
s 124am A2006‑30 amdt 1.35
om A2021‑30 s 34
Fire permits
div 5.6.3 hdg ins A2021‑30 s 35
Commissioner may issue fire permit
s 126Ains A2021‑30 s 35
Operation of fire permit
s 126Bins A2021‑30 s 35
Multi-hazard advisory council
ch 6 hdgsub A2021‑30 s 36
Establishment of multi-hazard advisory council
s 127sub A2021‑30 s 36
Constitution of advisory council
s 128sub A2021‑30 s 36
Advisory council members
s 129am A2016‑33 ss 44-46; ss renum R26 LA
sub A2021‑30 s 36
Functions of advisory council
s 130sub A2006‑30 amdt 1.18
am A2016‑33 s 47; ss renum R26 LA
sub A2021‑30 s 36
Director‑general to give support to advisory council
s 131 hdgam A2011‑22 amdt 1.194
s 131sub A2006‑30 amdt 1.18
am A2011‑22 amdt 1.194
sub A2021‑30 s 36
Ending of advisory council members’ appointments
s 132am A2009‑49 amdt 3.58
sub A2021‑30 s 36
Advisory council terms of reference and procedures
s 133sub A2021‑30 s 36
Disclosure of interests by advisory council members
s 134am A2008‑28 amdt 3.85
sub A2021‑30 s 36
Reporting of disclosed interests to Minister
s 135sub A2021‑30 s 36
am A2022-4 amdt 1.18, amdt 1.19
Voting at bushfire council meetings
s 136om A2021‑30 s 36
Bushfire council resolutions
s 137om A2021‑30 s 36
Minutes of bushfire council proceedings
s 138om A2021‑30 s 36
Disclosure of interests by bushfire council members
s 139om A2021‑30 s 36
Reporting of disclosed interests to Minister
s 140om A2021‑30 s 36
Security and Emergency Management Senior Officials Group
pt 7.1 hdgsub A2010‑17 s 6
Security and Emergency Management Senior Officials Group
s 141sub A2010‑17 s 7
Constitution of SEMSOG
s 142 hdgsub A2010‑17 s 8
s 142am A2010‑17 ss 9-12; pars renum R15 LA; A2011‑22 amdt 1.194; A2012‑13 amdt 1.37; A2016‑33 s 63; A2018‑49 s 4, s 5; pars renum R28 LA; A2022-4 amdt 1.20
Functions of SEMSOG
s 143 hdgsub A2010‑17 s 13
s 143am A2006‑30 amdt 1.35; A2010‑17 ss 14-16; pars renum R15 LA; A2018‑49 s 6, s 7; pars renum R28 LA; A2021‑30 s 37
Calling committee meetings
s 144om A2010‑17 s 17
Committee meetings
s 145am A2008‑28 amdt 3.86
om A2010‑17 s 17
Minimum number for committee meetings
s 146om A2010‑17 s 17
Emergency plan
s 147am A2010‑17 s 18, s 19
Emergency sub-plans
s 148sub A2018‑49 s 8
Community communication and information plan
s 149 hdgsub A2011‑28 amdt 3.78
s 149am A2006‑30 amdt 1.35; A2010‑17 s 20; A2018‑49 s 9
sub A2021‑30 s 38
Preparation of community communication and information plan
s 149Ains A2021‑30 s 38
Communicating information about emergencies
s 149Bins A2021‑30 s 38
Application—pt 7.3
div 7.3.1 hdg sub A2010‑17 s 21
Application—pt 7.3
s 150 hdgsub A2010‑17 s 22
s 150am A2010‑17 s 23
Emergency controller and deputy emergency controller
div 7.3.1A hdg ins A2010‑17 s 24
sub A2020‑47 s 4
Appointment of emergency controller
s 150Ains A2010‑17 s 24
am A2018‑49 ss 10-12; ss renum R28 LA
sub A2020‑47 s 5
Functions of emergency controller
s 150B hdgsub A2020‑47 s 6
s 150Bins A2010‑17 s 24
am A2018‑49 s 13
Emergency powers of emergency controller
s 150C hdgsub A2020‑47 s 6
s 150Cins A2010‑17 s 24
am A2014‑50 s 19, s 20; pars renum R21 LA; A2020‑47 ss 7-9
Appointment of deputy emergency controller
s 150CAins A2020‑47 s 10
Functions of deputy emergency controller
s 150CBins A2020‑47 s 10
Declared emergencies
div 7.3.1B hdg ins A2010‑17 s 25
Declaration of state of alert
s 151am A2021‑30 s 39
Publication of state of alert declaration
s 153am A2021‑30 s 40; pars renum R32 LA
Minister to give reports to community during state of alert
s 154 hdgsub A2005‑56 s 15
s 154am A2005‑56 s 16
Declaration of state of emergency
s 156am A2018‑49 s 14; A2021‑30 s 41
Publication of declaration of state of emergency
s 158am A2021‑30 s 42; pars renum R32 LA
Appointment of emergency controller for declared state of emergency
s 159 hdgam A2010‑17 s 26
s 159am A2010‑17 s 26; A2018‑49 s 15, s 16
om A2020‑47 s 11
Functions of emergency controller
s 160 hdgam A2010‑17 s 26
s 160am A2010‑17 s 26; A2018‑49 s 17
om A2020‑47 s 11
Emergency powers—declared state of emergency
s 160A hdg(prev s 163 hdg) sub A2010‑17 s 31
s 160A(prev s 163) am A2005‑56 s 17; A2010‑17 s 32
reloc and renum as s 160A A2010‑17 s 33
am A2012‑30 amdt 1.19; ss renum R20 LA; A2014‑50 s 21, s 22; pars renum R21 LA
om A2020‑47 s 11
General provisions applying if emergency controller appointed
div 7.3.1C hdg ins A2010‑17 s 27
Management executive for emergency
s 161 hdgsub A2010‑17 s 28
s 161am A2008‑28 amdt 3.87; A2010‑17 s 29
Management of emergency
s 162am A2006‑30 amdt 1.19
sub A2010‑17 s 30
Emergency powers—declared state of emergency
s 163reloc and renum as s 160A
Failure to comply with direction given under emergency powers
s 164am A2010‑17 s 34; A2014‑50 s 23; A2020‑47 s 12
Chief Minister’s directions to emergency controller
s 165sub A2010‑17 s 35
Emergency controller to give information about controller’s operations
s 166 hdgsub A2010‑17 s 36
am A2010‑17 s 37
Emergency controller to advise Chief Minister and Minister
s 166Ains A2020‑47 s 13
Revocation of state of alert and state of emergency declarations and appointment of emergency controller
s 166Bins A2020‑47 s 13
Deployment of resources outside ACT in emergency
s 167sub A2010‑17 s 38
Power to remove person obstructing response operations etc
s 168am A2010‑17 s 39
Compensation—emergencies
s 169 hdgsub A2010‑17 s 40
s 169am A2010‑17 s 41, s 42; A2020‑47 s 14; A2025‑29 amdt 4.68
Recovery of compensation in court
s 172am A2010‑17 s 43
Application—div 7.3.2
s 173sub A2010‑17 s 44
Commissioner must assist recovery for other emergencies
s 174sub A2006‑30 amdt 1.20
Recovery coordinator
div 7.3.3 hdg ins A2021‑30 s 43
Meaning of territory agency—div 7.3.3
s 174Ains A2021‑30 s 43
Appointment of recovery coordinator
s 174Bins A2021‑30 s 43
Functions of recovery coordinator
s 174Cins A2021‑30 s 43
Cooperative arrangements with Commonwealth, State or overseas agencies
s 176am A2006‑30 amdt 1.21; A2021‑30 s 44
Cooperative arrangements about resources
s 177am A2006‑30 amdt 1.35; A2010‑17 s 45
Directions to people operating under cooperative arrangement
s 178am A2006‑30 amdt 1.35; A2010‑17 s 45
Directions by authorised person to people operating under cooperative arrangement
s 179am A2006‑30 amdt 1.35; A2010‑17 s 45
Emergency relief funds
s181am A2016‑13 amdt 1.59
Gifts and donations
s 182am A2006‑30 amdt 1.22; A2011‑22 amdt 1.194; A2011‑28 amdt 3.82; A2025‑29 amdt 4.68
Definitions—ch 8
s 182Ains A2021‑30 s 45
def emergency operation ins A2021‑30 s 45
def emergency operation notice ins A2021‑30 s 45
Emergency operation notice
s 182Bins A2021‑30 s 45
Victimisation of volunteers
s 183am A2010‑13 amdt 1.17, amdt 1.18; A2021‑30 s 46; A2022‑14 amdt 3.73
Release of volunteer member from operations
s 184am A2006‑30 amdt 1.35
Notification and review of decisions
ch 9 hdgsub A2008‑37 amdt 1.158
Meaning of reviewable decision–ch 9
s 185sub A2008‑37 amdt 1.158
Reviewable decision notices
s 186sub A2008‑37 amdt 1.158
am A2025‑29 amdt 4.68
Applications for review
s 187sub A2008‑37 amdt 1.158
am A2025‑29 amdt 4.68
Lighting a fire dangerous to premises
s 188am A2012‑13 amdt 1.37; A2016‑33 s 63
Direction to leave fire area
s 189am A2012‑13 amdt 1.36; A2016‑33 s 62
Interfering with fire appliance, hydrant, alarm etc
s 190am A2012‑13 amdt 1.36; A2016‑33 ss 48-50; ss renum R26 LA; A2021‑30 s 47, s 48
Ambulance fund
s 195am A2011‑28 amdt 3.82; A2025‑29 amdt 4.68
Establishment of ambulance service quality assurance committee
s 195Ains A2016‑33 s 51
Authorised person’s power to require name and address
s 196am A2009‑49 amdt 3.59; A2010‑17 s 46; A2022‑14 amdt 3.74
Identity cards
s 197am A2006‑30 amdt 1.23, amdt 1.24
Protection of officials from liability
s 198am A2005‑56 s 18; A2006‑30 amdts 1.25-1.27; A2010‑13 amdt 1.19; pars renum R14 LA; A2016‑33 s 52; A2021‑30 s 49, s 50; pars renum R32 LA
Compensation for exercise of functions etc
s 199am A2010‑17 s 47; A2020‑47 s 15, s 16
Approved forms
s 200am A2006‑30 amdt 1.35; A2011‑28 amdt 3.82; A2025‑29 amdt 4.68
Determination of fees
s 201am A2011‑28 amdt 3.82; A2025‑29 amdt 4.68
Regulation-making power
s 202am A2025‑29 amdt 4.68
Review of Act
s 203om LA s 89 (3)
ins A2010‑17 s 48
am A2016‑33 s 53
Consequential and transitional matters
ch 11 hdgexp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Repeals
pt 11.1 hdgom LA s 89 (3)
Transitional provisions
pt 11.2 hdgexp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Definitions for pt 11.2
div 11.2.1 hdg exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Definitions for pt 11.2
s 204exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Emergency management committee
div 11.2.2 hdg exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Committee members
s 205exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Bushfire council
div 11.2.3 hdg exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Council members
s 206exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Former bushfire council—assets, rights and liabilities
div 11.2.4 hdg exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Vesting of assets, rights and liabilities
s 207exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Registration of changes in ownership of certain assets
s 208exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Evidentiary certificate for vested assets and liabilities
s 209exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Proceedings and evidence
s 210exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Members of fire brigade
div 11.2.5 hdg exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Fire Brigade (Administration) Act
s 211exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
References to staff of authority
s 212exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Emergency Services Commissioner
div 11.2.6 hdg exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Appointment of emergency services commissioner
s 213exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Fuel management plans
div 11.2.6Ains as mod SL2004‑26 s 10
exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Fuel management plans
s 213Ains as mod SL2004‑26 s 10
exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Emergency plan
div 11.2.6Bins as mod SL2004‑26 s 10
exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Emergency plan
s 213Bins as mod SL2004‑26 s 10
exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Ambulance fund
div 11.2.6Cins as mod SL2004‑26 s 10
exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Approval of person to operate fund
s 213Cins as mod SL2004‑26 s 10
exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Other provisions
div 11.2.7 hdg exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
References to Bushfire Act etc
s 214exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Transitional regulations
s 215exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Legislation amended—sch 3
s 216om LA s 89 (3)
Expiry of ch 11
s 217exp 22 December 2004 (see s 211 (1), s 217 and NI2004‑486)
Transitional—Emergencies Amendment Act 2021
ch 12 hdgins A2021‑30 s 51
exp 11 December 2022 (s 226)
Definitions—ch 12
s 218ins A2021‑30 s 51
exp 11 December 2022 (s 226)
Declaration of built-up area
s 219ins A2021‑30 s 51
exp 11 December 2022 (s 226)
Old permit taken to be fire permit
s 220ins A2021‑30 s 51
exp 11 December 2022 (s 226)
Application for old permit not decided
s 221ins A2021‑30 s 51
exp 11 December 2022 (s 226)
Bushfire council members
s 222ins A2021‑30 s 51
exp 11 December 2022 (s 226)
Bushfire council functions
s 223ins A2021‑30 s 51
exp 11 December 2022 (s 226)
Bushfire council disclosures, reporting etc
s 224ins A2021‑30 s 51
exp 11 December 2022 (s 226)
Transitional regulations
s 225ins A2021‑30 s 51
exp 11 December 2022 (s 226)
Expiry—ch 12
s 226ins A2021‑30 s 51
exp 11 December 2022 (s 226)
Ambulance levy
sch 1ss renum R5 LA
am A2009‑49 amdt 3.60; A2019‑12 amdt 3.36
Ambulance service quality assurance committee
sch 1Ains A2016‑33 s 54
Appointment of ASQAC members
sch 1A s 1A.3 am A2025‑29 amdt 4.68
Reviewable decisions
sch 2am A2005‑56 s 19
sub A2008‑37 amdt 1.159
am A2021‑30 s 52
Consequential amendments
sch 3om LA s 89 (3)
Dictionary
dictam A2008‑37 amdt 1.160; A2009‑20 amdt 3.68; A2009‑49 amdt 3.61; A2011‑22 amdt 1.195; A2011‑28 amdt 3.79; A2015‑33 amdt 1.69; A2016‑13 amdt 1.60; A2019‑17 s 11; A2023-36 amdt 1.125; A2025‑29 amdt 3.98
def advisory council ins A2021‑30 s 53
def ambulance service quality assurance committee ins A2016‑33 s 55
def ambulance services am A2006‑30 amdt 1.28
def annual report om A2015‑16 amdt 1.13
def ASQAC ins A2016‑33 s 55
def assistant commissioner ins A2021‑30 s 53
def authority om A2006‑30 amdt 1.29
def authority guidelines om A2006‑30 amdt 1.29
def building code om A2025‑29 amdt 3.99
def built-up area sub A2021‑30 s 54
def bushfire council om A2021‑30 s 55
def bushfire operational plan sub A2005‑56 s 20
def casual volunteer sub A2006‑30 amdt 1.30
def chief officer am A2012‑13 amdt 1.31; A2016‑33 s 63
def chief officer (fire and rescue) ins A2012‑13 amdt 1.32
om A2016‑33 s 56
def chief officer (fire and rescue service) ins A2016‑33 s 57
def chief officer (fire brigade) om A2012‑13 amdt 1.32
def city area om A2016‑33 s 58
def commissioner sub A2005‑56 s 21
def commissioner’s guidelines ins A2010‑13 amdt 1.20
def committee ins A2016‑33 s 59
def community communication and information plan sub A2021‑30 s 56
def contributor am A2011‑28 admt 3.80
def cooperative arrangement sub A2011‑28 admt 3.81
def deputy emergency controller ins A2020‑47 s 17
def eligible person om A2008‑37 amdt 1.161
def emergency am A2005‑56 s 22
def emergency controller ins A2010‑17 s 49
sub A2020‑47 s 18
def emergency management am A2010‑17 s 50
def emergency management committee om A2010‑17 s 51
def emergency operation ins A2021‑30 s 57
def emergency operation notice ins A2021‑30 s 57
def emergency service am A2012‑13 amdt 1.36; A2016‑33 s 62
def emergency services am A2006‑30 amdt 1.31
def emergency services support volunteer ins A2010‑13 amdt 1.20
def emergency sub-plan ins A2018‑49 s 18
def fire and rescue ins A2012‑13 amdt 1.33
om A2016‑33 s 60
def fire and rescue service ins A2016‑33 s 61
def firefighting services am A2006‑30 amdt 1.31
def fire permit ins A2021‑30 s 57
def firework sub A2021‑30 s 58
def hazardous material incident pars renum R26 LA
def high risk activity ins A2021‑30 s 59
def information holder ins A2016‑33 s 61
def land management agreement sub A2007‑25 amdt 1.42; A2023-36 amdt 1.126
def member am A2006‑30 amdt 1.32
def protected information ins A2016‑33 s 61
def recovery coordinator ins A2021‑30 s 59
def recovery operation ins A2021‑30 s 59
def relevant Assembly committee ins A2022-4 amdt 1.21
def relevant chief officer ins A2016‑33 s 61
def rescue services am A2006‑30 amdt 1.33
def response operation am A2006‑30 amdt 1.33
def reviewable decision sub A2008‑37 amdt 1.162
def rural area sub A2021‑30 s 60
def rural fire service ins A2012‑13 amdt 1.34
def SEMSOG ins A2010‑17 s 52
def sensitive information ins A2016‑33 s 61
def SES sub A2012‑13 amdt 1.35
def territory agency ins A2021‑30 s 61
def territory controller om A2010‑17 s 53
def total fire ban ins A2021‑30 s 61
def volunteer member sub A2006‑30 amdt 1.34
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
1 July 20041 July 2004–
18 July 2004not amended new Act and modifications by SL2004‑26 R2
23 July 200419 July 2004–
31 Aug 2004not amended commenced provisions R3
1 Sept 20041 Sept 2004–
22 Dec 2004not amended commenced provisions R4
5 Jan 200523 Dec 2004–
7 Sept 2005not amended commenced expiry R5
8 Sept 20058 Sept 2005–
23 Nov 2005A2005‑44 amendments by A2005‑44 R6
24 Nov 200524 Nov 2005–
30 June 2006A2005‑56 amendments by A2005‑56 R7
1 July 20061 July 2006–
15 Nov 2006A2006‑30 amendments by A2006‑30 R8
16 Nov 200616 Nov 2006–
30 Mar 2008A2006‑42 amendments by A2006‑42 R9
31 Mar 200831 Mar 2008
25 Aug 2008A2007‑25 amendments by A2007‑25 R10
26 Aug 200826 Aug 2008–
1 Feb 2009A2008‑28 amendments by A2008‑28 R11
2 Feb 20092 Feb 2009–
21 Sept 2009A2008‑37 amendments by A2008‑37 R12
22 Sept 200922 Sept 2009–
16 Dec 2009A2009‑20 amendments by A2009‑20 R13
17 Dec 200917 Dec 2009–
27 Apr 2010A2009‑49 amendments by A2009‑49 R14
28 Apr 201028 Apr 2010–
19 Aug 2010A2010‑13 amendments by A2010‑13 R15
20 Aug 201020 Aug 2010–
30 June 2011A2010‑17 amendments by A2010‑17 R16
1 July 20111 July 2011–
20 Sept 2011A2011‑22 amendments by A2011‑22 R17
21 Sept 201121 Sept 2011–
4 Apr 2012A2011‑28 amendments by A2011‑28 R18
5 Apr 20125 Apr 2012–
11 Apr 2012A2012‑12 amendments by A2012‑12 R19
12 Apr 201212 Apr 2012–
13 June 2012A2012‑13 amendments by A2012‑13 R20
14 June 201214 June 2012–
10 Nov 2014A2012‑30 amendments by A2012‑30 R21
11 Nov 201511 Nov 2015–
2 June 2015A2014-50 amendments by A2014-50 R22
3 June 20153 June 2015–
10 June 2015A2015-16 amendments by A2015-16 R23
11 June 201511 June 2015–
13 Oct 2015A2015‑16 amendments by A2014‑59 R24
14 Oct 201514 Oct 2015–
31 Mar 2016A2015‑33 amendments by A2015‑33 R25
1 Apr 20161 Apr 2016–
20 June 2016A2016-13 amendments by A2016-13 R26
21 June 201621 June 2016–
15 Nov 2017A2016-33 amendments by A2016-33 R27
16 Nov 201716 Nov 2017–
6 Dec 2018A2017‑38 amendments by A2017‑38 R28
7 Dec 20187 Dec 2018–
20 June 2019A2018‑49 amendments by A2018‑49 R29
21 June 201921 June 2019–
31 Jan 2020A2019‑17 amendments by A2019‑17 R30
1 Feb 20201 Feb 2020–
3 Sept 2020A2019‑17 amendments by A2019‑12 R31
4 Sept 20204 Sept 2020–
10 Dec 2021A2020‑47 amendments by A2020‑47 R32
11 Dec 202111 Dec 2021–
5 Apr 2022A2021‑30 amendments by A2021‑30 R33
6 Apr 20226 Apr 2022–
23 Aug 2022A2022‑4 amendments by A2022‑4 R34
24 Aug 202224 Aug 2022–
11 Dec 2022A2022‑14 amendments by A2022‑14 R35
12 Dec 202212 Dec 2022–
26 Nov 2023A2022‑14 expiry of transitional provisions (ch 12) R36
27 Nov 202327 Nov 2023–
10 July 2024A2023‑36 amendments by A2023‑36 R37
11 July 202411 July 2024–
15 Nov 2025A2024‑33 amendments by A2024‑33
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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