Emergencies Amendment Act 2014 (ACT)

Case

Emergencies Amendment Act 2014

A2014-50

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Objects of ActSection 3 (d)  2

5            Commissioner’s functionsSection 8 (1) and notes  3

6            Section 8 (4) (e)  3

7           Section 8 (4) (j), except examples and note  4

8            Section 8 (4) (j), note  4

9            Directions by commissioner in relation to emergenciesSection 8A (2) and (3)  4

10          General powers of chief officersNew section 34 (1) (la) and (lb)  4

11          Strategic bushfire management planSection 72 (2)  5

12          New section 72 (4A)  6

13          Content of strategic bushfire management planSection 74 (2) (f)  6

14          Section 77 heading  6

15          Section 77 (3)  6

16          New section 77A  6

17          Bushfire operational plansSection 78 (1) (b) (iii)  7

18          Section 78 (5)  7

19          Emergency powers––no declared state of emergencyNew section 150C (2) (ca)  7

20          Section 150C (2) (g)  8

21          Emergency powers––declared state of emergencyNew section 160A (2) (ca)  8

22          Section 160A (2) (g)  9

23          Failure to comply with direction given under emergency powersSection 164 (1)  9

24Magistrates Court (Litter Infringement Notices) Regulation 2004
Schedule 1, new item 1.1A  10

Emergencies Amendment Act 2014

A2014-50

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 2014.

  2. Commencement

    This Act commences on the day after its notification day.

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

  3. Legislation amended

    This Act amends the Emergencies Act 2004.

    NoteThis Act also amends the Magistrates Court (Litter Infringement Notices) Regulation 2004 (see s 24).

  4. Objects of Act
    Section 3 (d)

    after

    volunteer members

    insert

    , and providers of operational and administrative support to the commissioner and the services

  5. Commissioner’s functions
    Section 8 (1) and notes

    substitute

    (1)The commissioner is responsible for the overall strategic direction and management of the emergency services and 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).

    Note 3An example is part of the Act is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

  6. Section 8 (4) (e)

    substitute

    (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

  7. Section 8 (4) (j), except examples and note

    substitute

    (j)oversee and coordinate strategic and operational planning for emergencies.

  8. Section 8 (4) (j), note

    omit

  9. Directions by commissioner in relation to emergencies
    Section 8A (2) and (3)

    substitute

    (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.

  10. General powers of chief officers
    New section 34 (1) (la) and (lb)

    insert

    (la)close any premises; or

    Examples––premises

    ·government or independent schools

    ·child care centres

    ·business premises

    ·health care facilities

    ·residential homes

    NoteAn example is part of the Act is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (lb)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.

  11. Strategic bushfire management plan
    Section 72 (2)

    substitute

    (2)In preparing the draft plan, the commissioner must—

    (a)consult with the bushfire 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)plan of management under the Planning and Development Act 2007, part 10.4 (Plans of management for public land).

    (2A)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.

  12. New section 72 (4A)

    insert

    (4A)If the Minister received a report under subsection (2A) (b) in relation to the plan, the report must be presented to the Legislative Assembly with the plan.

  13. Content of strategic bushfire management plan
    Section 74 (2) (f)

    substitute

    (f)a statement about how information is kept about privately‑owned assets of public interest vulnerable to bushfire;

  14. Section 77 heading

    substitute

  15. Compliance with strategic bushfire management plan

  16. Section 77 (3)

    omit

  17. New section 77A

    insert

77AInconsistency between strategic bushfire management plan and plan of management for public land

(1)This section applies if the strategic bushfire management plan is inconsistent with a plan of management in force in relation to an area of unleased territory land or land occupied by the Territory.

(2)The plan of management has no effect to the extent of the inconsistency.

(3)In this section:

plan of management means a plan of management under the Planning and Development Act 2007, part 10.4 (Plans of management for public land).

  1. Bushfire operational plans
    Section 78 (1) (b) (iii)

    omit

  2. Section 78 (5)

    substitute

    (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.

  3. Emergency powers––no declared state of emergency
    New section 150C (2) (ca)

    insert

    (ca)direct a person to give information, answer questions, or produce documents or anything else, reasonably needed; and

    NoteThe Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.

  4. Section 150C (2) (g)

    substitute

    (g)in relation to essential services––

    (i)maintain, restore or prevent disruption of the services; and

    (ii)control and coordinate the distribution of services; and

    Examples––essential services

    ·water

    ·electricity

    ·gas

    ·fuel

    ·food

    ·health

    ·waste disposal

    ·sanitation

    ·freight

    ·public transport

    ·correctional facilities

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

  5. Emergency powers––declared state of emergency
    New section 160A (2) (ca)

    insert

    (ca)direct a person to give information, answer questions, or produce documents or anything else, reasonably needed; and

    NoteThe Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.

  6. Section 160A (2) (g)

    substitute

    (g)in relation to essential services––

    (i)maintain, restore or prevent disruption of the services; and

    (ii)control and coordinate the distribution of services; and

    Examples––essential services

    ·water

    ·electricity

    ·gas

    ·fuel

    ·food

    ·health

    ·waste disposal

    ·sanitation

    ·freight

    ·public transport

    ·correctional facilities

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

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

    omit

    or (c)

    substitute

    , (c) or (ca)

  8. Magistrates Court (Litter Infringement Notices) Regulation 2004
    Schedule 1, new item 1.1A

    insert

1.1A ·    if the litter is a cigarette, cigarette butt, match or other item that is lit or not fully extinguished 10 300

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 25 September 2014.

  2. Notification

    Notified under the Legislation Act on 10 November 2014.

  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 2014, which was passed by the Legislative Assembly on 28 October 2014.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2014

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