Emergencies Amendment Act 2010 (ACT)

Case

Emergencies Amendment Act 2010

A2010-17

Contents

Page

  1. Name of Act  2

  2. Commencement  2

  3. Legislation amended  2

  4. Objects of Act


    Section 3 (b)  2

  5. Commissioner’s functions


    New section 8 (4) (ga)  3

  6. Part 7.1 heading  3

  7. Section 141  3

  8. Section 142 heading  3

  9. Section 142 (1)  4

  10. New section 142 (1) (aa)  4

  11. Section 142 (2)  4

  12. Section 142 (3)  4

  13. Section 143 heading  4

  14. Section 143  5

  15. Section 143 (3) (b)  5

  16. Section 143 (3) (c)  5

  17. Sections 144 to 146  5

  18. Emergency plan


    Section 147 (1)  5

  19. Section 147 (4) and (5)  6

  20. Community and information plan


    Section 149 (1)  6

  21. Division 7.3.1 heading  6

  22. Section 150 heading  6

  23. Section 150  6

  24. New division 7.3.1A  7

  25. New division 7.3.1B heading  10

  26. Sections 159 and 160  10

  27. New division 7.3.1C heading  11

  28. Section 161 heading  11

  29. Section 161 (1) to (4)  11

  30. Section 162  11

  31. Section 163 heading  12

  32. Section 163  12

  33. Section 163 (as amended)  12

  34. Failure to comply with direction given under emergency powers


    Section 164 (1)  12

  35. Section 165  13

  36. Section 166 heading  13

  37. Section 166  13

  38. Section 167  13

  39. Power to remove person obstructing response operations etc


    Section 168 (1)  14

  40. Section 169 heading  14

  41. Section 169 (1)  14

  42. Section 169 (3)  14

  43. Recovery of compensation in court


    Section 172  15

  44. Section 173  15

  45. Sections 177 to 179  15

  46. Authorised person’s power to require name and address


    Section 196  15

  47. Compensation for exercise of functions etc


    Section 199 (1) and note  16

  48. New section 203  16

  49. Dictionary, new definition of emergency controller  16

  50. Dictionary, definition of emergency management, paragraph (a)           17

  51. Dictionary, definition of emergency management committee               17

  52. Dictionary, new definition of SEMSOG  17

  53. Dictionary, definition of territory controller  17

Schedule 1Consequential amendments  18

Part 1.1Territory Records Regulation 2009  18

Part 1.2Utilities (Electricity Restrictions) Regulation 2004          19

Part 1.3Utilities (Gas Restrictions) Regulation 2005                  20

Emergencies Amendment Act 2010

A2010-17

An Act to amend the Emergencies Act 2004, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Emergencies Amendment Act 2010.

  2. Commencement

    This Act commences on a day fixed by the Minister by written notice.

    Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

    Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

  3. Legislation amended

    This Act amends the Emergencies Act 2004.

    NoteThis Act also amends the following legislation (see sch 1):

    ·     Territory Records Regulation 2009

    ·     Utilities (Electricity Restrictions) Regulation 2004

    ·     Utilities (Gas Restrictions) Regulation 2005.

  4. Objects of Act
    Section 3 (b)

    substitute

    (b)to provide for effective emergency management that—

    (i)has regard to the need to prepare for, prevent, respond to and recover from emergencies; and

    (ii)takes an all-hazards approach to emergency management; and

  5. Commissioner’s functions
    New section 8 (4) (ga)

    insert

    (ga)emphasise the importance of communicating information, advice and warnings to the community during an emergency; and

  6. Part 7.1 heading

    substitute

Part 7.1Security and Emergency Management Senior Officials Group

  1. Section 141

    substitute

  2. Security and Emergency Management Senior Officials Group

    The Security and Emergency Management Senior Officials Group (SEMSOG) is established.

  3. Section 142 heading

    substitute

  4. Constitution of SEMSOG

  5. Section 142 (1)

    omit

    emergency management committee

    substitute

    SEMSOG

  6. New section 142 (1) (aa)

    before paragraph (a), insert

    (aa)the chief executive; and

  7. Section 142 (2)

    omit

    committee members

    substitute

    members of the SEMSOG

  8. Section 142 (3)

    substitute

    (3)The chief executive is the chair of the SEMSOG.

  9. Section 143 heading

    substitute

  10. Functions of SEMSOG

  11. Section 143

    omit

    emergency management committee

    substitute

    SEMSOG

  12. Section 143 (3) (b)

    substitute

    (b)to support the commissioner in emergency management, including the preparation of the emergency plan or any part of the plan;

  13. Section 143 (3) (c)

    omit

  14. Sections 144 to 146

    omit

  15. Emergency plan
    Section 147 (1)

    omit

    emergency management committee

    substitute

    the commissioner

  16. Section 147 (4) and (5)

    omit

    emergency management committee

    substitute

    the commissioner

  17. Community and information plan
    Section 149 (1)

    omit

    during a declared state of alert or state of emergency

    substitute

    during an emergency

  18. Division 7.3.1 heading

    substitute

Division 7.3.1           Application—pt 7.3

  1. Section 150 heading

    substitute

  2. Application—pt 7.3

  3. Section 150

    omit

    division

    substitute

    part

  4. New division 7.3.1A

    after section 150, insert

Division 7.3.1A        Emergency controller––no declared state of emergency

150AAppointment of emergency controller––no declared state of emergency

(1)This section applies if the Chief Minister is satisfied that––

(a)an emergency has happened, is happening or is likely to happen; but

(b)it is not necessary to declare a state of emergency.

(2)The Chief Minister may appoint a person to be the emergency controller for the emergency.

Note 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 Legislation Act, s 207).

(3)The Chief Minister must review the appointment of the emergency controller not later than 48 hours after the appointment was made.

(4)Unless sooner revoked, the appointment ends––

(a)7 days after the day the appointment was made; or

(b)if a state of emergency is declared.

(5)The Chief Minister may be satisfied that an emergency is likely to happen if the Chief Minister is satisfied that an event that has happened or is happening, or a circumstance that exists, gives rise to the likelihood of an emergency.

150BFunctions of emergency controller—no declared state of emergency

(1)An emergency controller appointed under section 150A for an emergency has the following functions in relation to the emergency:

(a)to manage the response to, and the recovery from, the emergency by ensuring that entities dealing with the emergency are appropriately deployed;

(b)to coordinate the disposition of other resources to manage the emergency;

(c)to advise the Minister and the Chief Minister about the emergency;

(d)to advise the community on anything relating to the emergency that the emergency controller considers appropriate;

(e)any other function given to the emergency controller under this Act or another territory law.

(2)However, the Chief Minister may direct, in writing—

(a)that the emergency controller is not to have a function (or part of a function) mentioned in subsection (1); or

(b)that the emergency controller has another stated function.

NoteA direction may be included in the instrument of appointment (see Legislation Act, s 49).

(3)As far as practicable, the emergency controller must exercise the emergency controller’s functions in accordance with the emergency plan.

150CEmergency powers—no declared state of emergency

(1)This section applies if an emergency controller is appointed under section 150A for an emergency.

(2)For the management of the emergency, the emergency controller may––

(a)direct the movement of people, animals or vehicles within, into or around the area to which the emergency applies (the emergency area); and

(b)give directions regulating or prohibiting the movement of people, animals or vehicles within, into or around the emergency area; and

(c)direct, in writing, the owner of property in or near the emergency area to place the property under the control, or at the disposal, of an emergency controller; and

(d)take possession of any premises, animal substance or thing in or near the emergency area; and

(e)excavate land, form tunnels or construct earthworks, barriers or temporary structures in or near the emergency area; and

(f)control, use, close off or block a drainage facility in or near the emergency area; and

(g)maintain, restore or prevent disruption of essential services; and

(h)do anything else that the chief officer of an emergency service may do under section 34 (General powers of chief officers).

NoteA chief officer has a number of general powers including to enter land, shut off a power or water supply, demolish or destroy a structure or remove or destroy an animal.

(3)Subsection (1) operates despite any other territory law.

(4)However, the Chief Minister may direct, in writing—

(a)that the emergency controller is not to have a power (or part of a power) mentioned in subsection (1); or

(b)that the emergency controller has another stated power.

NoteA direction may be included in the instrument of appointment (see Legislation Act, s 49).

(5)The emergency controller may delegate a function mentioned in subsection (1) to the head of an entity.

(6)A person who is delegated a function under subsection (5) may delegate the function to another member, officer, employee or contractor of the entity.

NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

(7)In this section:

owner, of property, includes an occupier or someone apparently in charge of the property.

  1. New division 7.3.1B heading

    before section 151, insert

Division 7.3.1B        Declared emergencies

  1. Sections 159 and 160

    omit

    territory controller

    substitute

    emergency controller

  2. New division 7.3.1C heading

    before section 161, insert

Division 7.3.1C        General provisions applying if emergency controller appointed

  1. Section 161 heading

    substitute

  2. Management executive for emergency

  3. Section 161 (1) to (4)

    substitute

    (1)As soon as possible after an emergency controller is appointed, the emergency controller must establish a management executive for the emergency.

    (2)The management executive consists of people nominated by the emergency controller and may include members of the SEMSOG.

    (3)The management executive must provide support to the emergency controller in the exercise of the emergency controller’s functions.

    (4)The emergency controller is not required to consult with the management executive before exercising a function.

  4. Section 162

    substitute

  5. Management of emergency

    (1)For the management of an emergency for which an emergency controller is appointed, the emergency controller may direct the commissioner or the head of an entity to undertake response or recovery operations.

    (2)The emergency controller may not direct the person to undertake an operation in a particular way.

  6. Section 163 heading

    substitute

  7. Emergency powers—declared state of emergency

  8. Section 163

    omit

    territory controller

    substitute

    emergency controller

  9. Section 163 (as amended)

    relocate to division 7.3.1B as section 160A

  10. Failure to comply with direction given under emergency powers
    Section 164 (1)

    omit

    section 163 (2) (a), (b) or (c)

    substitute

    section 150C (2) (a), (b) or (c) or section 160A (2) (a), (b) or (c)

  11. Section 165

    substitute

  12. Chief Minister’s directions to emergency controller

    (1)The Chief Minister may give an emergency controller written directions about the exercise of the controller’s functions.

    (2)The emergency controller must give effect to a direction.

  13. Section 166 heading

    substitute

  14. Emergency controller to give information about controller’s operations

  15. Section 166

    omit

    The territory controller

    substitute

    An emergency controller

  16. Section 167

    substitute

  17. Deployment of resources outside ACT in emergency

    During an emergency for which an emergency controller is appointed, a person must not deploy Territory resources outside the ACT, in relation to an emergency outside the ACT, without the approval of the emergency controller.

  18. Power to remove person obstructing response operations etc
    Section 168 (1)

    substitute

    (1)If an emergency controller believes, on reasonable grounds, that a person is obstructing, or threatening to obstruct, response or recovery operations in an emergency, the controller may remove the person to another place.

  19. Section 169 heading

    substitute

  20. Compensation––emergencies

  21. Section 169 (1)

    substitute

    (1)A person who suffers loss because of an act or omission of an emergency controller under section 150C (Emergency powers—no declared state of emergency) or section 160A (Emergency powers—declared state of emergency) is entitled to be paid reasonable compensation by the Territory for the loss.

  22. Section 169 (3)

    omit

    territory controller

    substitute

    emergency controller

  23. Recovery of compensation in court
    Section 172

    omit

    (Compensation––declared state of emergency)

    substitute

    (Compensation––emergencies)

  24. Section 173

    substitute

  25. Application—div 7.3.2

    This division applies to an emergency other than an emergency for which an emergency controller is appointed.

  26. Sections 177 to 179

    omit

    the territory controller

    substitute

    an emergency controller

  27. Authorised person’s power to require name and address
    Section 196

    omit

    the territory controller

    substitute

    an emergency controller

  28. Compensation for exercise of functions etc
    Section 199 (1) and note

    substitute

    (1)A person may claim compensation from the Territory if the person suffers loss because of the exercise, or purported exercise, of a function under this Act (other than under section 150C (Emergency powers—no declared state of emergency) or section 160A (Emergency powers––declared state of emergency)).

    NoteFor compensation for loss because of an act or omission under s 150C or s 160A, see s 169.

  29. New section 203

    insert

  30. Review of Act

    (1)The Minister must review the operation of this Act as soon as practicable after the end of every 5th year after the day this section commences.

    (2)The Minister must present a report on the review to the Legislative Assembly within 3 months after the day the review is started.

  31. Dictionary, new definition of emergency controller

    insert

    emergency controller means—

    (a)for a declared state of emergency—the person appointed under section 159; and

    (b)in any other case—the person appointed under section 150A.

  32. Dictionary, definition of emergency management, paragraph (a)

    substitute

    (a)the assessment of hazards and emergency risks; and

  33. Dictionary, definition of emergency management committee

    omit

  34. Dictionary, new definition of SEMSOG

    insert

    SEMSOG––see section 141.

  35. Dictionary, definition of territory controller

    omit


Schedule 1Consequential amendments

(see s 3)

Part 1.1Territory Records Regulation 2009

[1.1]Schedule 1, item 9

omit

[1.2]Schedule 1, new item 19A

insert

19A SEMSOG chief executive, Department of Justice and Community Safety

[1.3]Dictionary, definition of ACT Emergency Management Committee

omit

[1.4]Dictionary, new definition of SEMSOG

insert

SEMSOG means the Security and Emergency Management Senior Officials Group established under the Emergencies Act 2004, section 141.

Part 1.2Utilities (Electricity Restrictions) Regulation 2004

[1.5]Section 3, note 1

substitute

Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘emergency controller—see the Emergencies Act 2004, dictionary’ means that the term ‘emergency controller’ is defined in that dictionary and the definition applies to this regulation.

[1.6]Section 12

omit

the territory controller

substitute

an emergency controller

[1.7]Dictionary, new definition of emergency controller

insert

emergency controller––see the Emergencies Act 2004, dictionary.

[1.8]Dictionary, definition of territory controller

omit

Part 1.3Utilities (Gas Restrictions) Regulation 2005

[1.9]Section 3, note 1

substitute

Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘emergency controller—see the Emergencies Act 2004, dictionary’ means that the term ‘emergency controller’ is defined in that dictionary and the definition applies to this regulation.

[1.10]Section 12

omit

the territory controller

substitute

an emergency controller

[1.11]Dictionary, note 2, 1st dot point

substitute

·     chief executive (see s 163)

[1.12]Dictionary, new definition of emergency controller

insert

emergency controller––see the Emergencies Act 2004, dictionary.

[1.13]Dictionary, definition of territory controller

omit

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 18 March 2010.

  2. Notification

    Notified under the Legislation Act on 12 May 2010.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Emergencies Amendment Bill 2010, which was passed by the Legislative Assembly on 6 May 2010.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2010

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