Emergencies Amendment Act 2018 (ACT)
Emergencies Amendment Act 2018
A2018-49
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 Constitution of SEMSOGSection 142 (1) (a) 2
5 New section 142 (4) 2
6 Functions of SEMSOGSection 143 2
7 New section 143 (3) (ba) 3
8 Section 148 3
9 Community communication and information planSection 149 (1) 4
10 Appointment of emergency controller––no declared state of emergencySection 150A (2), new note 4
11 New section 150A (2A) 4
12 Section 150A (4) 4
13 Functions of emergency controller—no declared state of emergencySection 150B (3) 5
14 Declaration of state of emergencySection 156 (2), new note 5
15 Appointment of emergency controller for declared state of emergencySection 159, new note 5
16 New section 159 (2) to (4) 6
17 Functions of emergency controllerSection 160 (3) 6
18 Dictionary, new definition of emergency sub-plan 6
Emergencies Amendment Act 2018
A2018-49
An Act to amend the Emergencies Act 2004
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Emergencies Amendment Act 2018.
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)).
Legislation amended
This Act amends the Emergencies Act 2004.
Constitution of SEMSOG
Section 142 (1) (a)substitute
(a)the director-general of each administrative unit; and
(aa)the under treasurer; and
New section 142 (4)
insert
(4)In this section:
under treasurer—see the Financial Management Act 1996, dictionary.
Functions of SEMSOG
Section 143before
emergency management
insert
security and
New section 143 (3) (ba)
insert
(ba)to support the Minister in the preparation of an emergency sub‑plan;
Section 148
substitute
Emergency sub-plans
(1)The Minister may make a plan for a hazard specific emergency for the ACT (an emergency sub-plan).
Examples—hazard specific emergency
· terrorist attack
· flood emergency
· storm emergency
· bushfire emergency
· urban fire emergency
· chemical or hazardous material incident
· disease or epidemic emergency
(2)An emergency sub-plan may provide a basis for coordination of—
(a)emergency service agencies; and
(b)Territory, Commonwealth and State agencies; and
(c)other entities.
(3)An emergency sub-plan must not be inconsistent with the emergency plan.
Community communication and information plan
Section 149 (1)substitute
(1)The Minister must make a community communication and information plan for communicating information to the community during an emergency.
Appointment of emergency controller––no declared state of emergency
Section 150A (2), new noteinsert
Note 3If the Chief Minister is absent from duty or otherwise unable to exercise the powers of Chief Minister, the Deputy Chief Minister acts as Chief Minister (see Australian Capital Territory (Self‑Government) Act 1988 (Cwlth), s 44).
New section 150A (2A)
insert
(2A)The Legislation Act, division 19.3.3 (Appointments—Assembly consultation) does not apply to an appointment under this section.
Section 150A (4)
substitute
(4)The appointment of a person for an emergency under this section ends on the earliest of the following occurring:
(a)the appointment is revoked;
(b)the person is taken to be the emergency controller for a declared state of emergency under section 159 (2);
(c)another person is appointed to be the emergency controller for a declared state of emergency under section 159 (3);
(d)7 days have elapsed since the day the appointment was made.
Functions of emergency controller—no declared state of emergency
Section 150B (3)after
emergency plan
insert
and any relevant emergency sub-plan
Declaration of state of emergency
Section 156 (2), new noteinsert
NoteIf the Chief Minister is absent from duty or otherwise unable to exercise the powers of Chief Minister, the Deputy Chief Minister acts as Chief Minister (see Australian Capital Territory (Self‑Government) Act 1988 (Cwlth), s 44).
Appointment of emergency controller for declared state of emergency
Section 159, new noteinsert
Note 3If the Chief Minister is absent from duty or otherwise unable to exercise the powers of Chief Minister, the Deputy Chief Minister acts as Chief Minister (see Australian Capital Territory (Self‑Government) Act 1988 (Cwlth), s 44).
New section 159 (2) to (4)
after the notes, insert
(2)If a person is appointed as the emergency controller for an emergency under section 150A, the person is taken to be the emergency controller for the emergency under this section.
(3)However, the Chief Minister may appoint someone else to be the emergency controller for the emergency.
(4)The Legislation Act, division 19.3.3 (Appointments—Assembly consultation) does not apply to an appointment under this section.
Functions of emergency controller
Section 160 (3)after
emergency plan
insert
and any relevant emergency sub-plan
Dictionary, new definition of emergency sub-plan
insert
emergency sub-plan—see section 148.
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 25 October 2018.
Notification
Notified under the Legislation Act on 6 December 2018.
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 2018, which was passed by the Legislative Assembly on 27 November 2018.
Clerk of the Legislative Assembly
© Australian Capital Territory 2018
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