Emergencies Amendment Act 2021 (ACT)
Emergencies Amendment Act 2021
A2021-30
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 New part 1.1 heading 2
5 Objects of ActNew section 3 (b) (iii) 2
6 New part 1.2 3
7 Section 10 3
8 Commissioner may make guidelinesSection 11 (5) 4
9 Section 11 (8), definition of senior rank 4
10 Delegation by commissionerSection 12 (1) 4
11 New sections 13, 14 and 15 4
12 General powers of chief officersSection 34 (1) (o) 6
13 Delegations by chief officersSection 39 6
14 Rural fire brigadesSection 54 (2) 6
15 Interpretation for ch 5Part 5.1 7
16 Strategic bushfire management planSection 72 7
17 Assessment of resources and capabilitiesSection 76 (2) 7
18 Review of strategic bushfire management planSection 80 (1) 7
19 Offences about fire appliancesSection 95 (3) 7
20 Section 95 (5) 8
21 Part 5.6 heading 8
22 Declaration of total fire banSection 114 (2) and (3) 9
23 Publication of total fire banSection 115 (1) (b) and note 9
24 Offence—lighting etc fire during total fire banSection 116 (1) (a) 9
25 Section 116 (3) (c) 10
26 Offence—high risk activity during total fire banSection 116A (3) (b) 10
27 Section 116A (4) 10
28 Fire permitsSection 118 10
29 Bushfire seasonSection 119 (3) 10
30 Using fires and appliances for cooking etc in open airSection 122 (4) 11
31 Section 122 (4) (a) 11
32 Lighting fires for burning offSection 123 (3) 11
33 New section 123 (7) 11
34 Permits for div 5.6.2Section 124 12
35 New division 5.6.3 12
36 Chapter 6 14
37 Functions of SEMSOGSection 143 (3) (b) and (c) 18
38 Section 149 19
39 Declaration of state of alertSection 151 (1) (a) 20
40 Publication of state of alert declarationNew section 153 (1) (aa) 20
41 Declaration of state of emergencySection 156 (1) 21
42 Publication of declaration of state of emergencyNew section 158 (1) (aa) 21
43 New division 7.3.3 21
44 Cooperative arrangements with Commonwealth, State or overseas agenciesSection 176 (1) 23
45 New sections 182A and 182B 23
46 Victimisation of volunteersSection 183 (1) 25
47 Interfering with fire appliance, hydrant, alarm etcSection 190 (1) and example and penalty 25
48 New section 190 (7) 25
49 Protection of officials from liabilitySection 198 (1), definition of official, new paragraph (aa) 26
50 Section 198 (4) (e) 26
51 New chapter 12 26
52 Reviewable decisionsSchedule 2, items 14 to 17 30
53 Dictionary, new definitions 30
54 Dictionary, definition of built-up area 30
55 Dictionary, definition of bushfire council 30
56 Dictionary, definition of community communication and information plan 30
57 Dictionary, new definitions 31
58 Dictionary, definition of firework 31
59 Dictionary, new definitions 31
60 Dictionary, definition of rural area 31
61 Dictionary, new definitions 32
Schedule 1 Consequential amendments 33
Part 1.1 Dangerous Substances (Explosives) Regulation 2004 33
Part 1.2 Environment Protection Act 1997 33
Part 1.3 Environment Protection Regulation 2005 34
Part 1.4 Road Transport (Vehicle Registration) Regulation 2000 34
Part 1.5 Territory Records Regulation 2009 35
Emergencies Amendment Act 2021
A2021-30
An Act to amend the Emergencies Act 2004, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Emergencies Amendment Act 2021.
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.
NoteThis Act also amends the following legislation (see sch 1):
· Dangerous Substances (Explosives) Regulation 2004
· Environment Protection Act 1997
· Environment Protection Regulation 2005
· Road Transport (Vehicle Registration) Regulation 2000
· Territory Records Regulation 2009.
New part 1.1 heading
insert
Part 1.1Preliminary
Objects of Act
New section 3 (b) (iii)insert
(iii)develops community resilience to emergencies; and
New part 1.2
insert
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)).
Section 10
substitute
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
Section 11 (5)omit
Section 11 (8), definition of senior rank
omit
Delegation by commissioner
Section 12 (1)after
a member of an emergency service
insert
, a police officer
New sections 13, 14 and 15
in chapter 2, insert
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.
General powers of chief officers
Section 34 (1) (o)substitute
(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.
Delegations by chief officers
Section 39omit
or a member of an emergency service
substitute
, a member of an emergency service or a police officer
Rural fire brigades
Section 54 (2)substitute
(2)The chief officer (rural fire service) must determine the number of rural fire brigades for the rural fire service.
Interpretation for ch 5
Part 5.1omit
Strategic bushfire management plan
Section 72omit
bushfire council
substitute
advisory council
Assessment of resources and capabilities
Section 76 (2)omit
bushfire council
substitute
advisory council
Review of strategic bushfire management plan
Section 80 (1)omit
bushfire council
substitute
advisory council
Offences about fire appliances
Section 95 (3)omit
Section 95 (5)
omit
or (3)
Part 5.6 heading
substitute
Part 5.6Total fire ban, controlled activities, related offences and fire permits
Division 5.6.1A Definitions—pt 5.6
113ADefinitions—pt 5.6
In this part:
fire permit—see section 126A.
firework means a firework within the meaning of the Dangerous Substances (Explosives) Regulation 2004, dictionary other than a general use firework within the meaning of that regulation, section 259.
high risk activity means any of the following:
(a)welding;
(b)grinding;
(c)soldering;
(d)gas cutting;
(e)conduct prescribed by regulation.
total fire ban—see section 114 (2).
Declaration of total fire ban
Section 114 (2) and (3)substitute
(2)The commissioner may, in writing, declare a ban (a total fire ban).
(3)A declaration—
(a)must state the period the total fire ban is in force; and
(b)may apply to all or part of the ACT.
Publication of total fire ban
Section 115 (1) (b) and notesubstitute
(b)posted using social media; and
(c)notified under the Legislation Act as if it were a notifiable instrument.
Offence—lighting etc fire during total fire ban
Section 116 (1) (a)omit
fireworks
substitute
a firework
Section 116 (3) (c)
substitute
(c)the lighting, maintenance or use of a fire, or the use of a firework, in accordance with a fire permit; or
Offence—high risk activity during total fire ban
Section 116A (3) (b)omit
permit issued under section 118
substitute
fire permit
Section 116A (4)
omit
Fire permits
Section 118omit
Bushfire season
Section 119 (3)omit
bushfire council
substitute
advisory council
Using fires and appliances for cooking etc in open air
Section 122 (4)omit
land in a rural area to cook food or heat liquids if—
substitute
land to cook food or heat liquids, other than in the fireplaces provided by the Territory or Commonwealth, if—
Section 122 (4) (a)
omit
permit given by the commissioner under section 124
substitute
fire permit
Lighting fires for burning off
Section 123 (3)omit
written permit given by the commissioner under section 124
substitute
fire permit
New section 123 (7)
insert
(7)In this section, a reference to the owner of land includes a reference to a person who acts for, or with the consent of, the owner of the land.
Permits for div 5.6.2
Section 124omit
New division 5.6.3
insert
Division 5.6.3 Fire permits
126ACommissioner may issue fire permit
(1)The commissioner may, at any time, issue a written permit (a fire permit) authorising a person to carry out any of the following (a proposed activity) for a period:
(a)light, maintain or use a fire;
(b)use a firework;
(c)undertake a high risk activity.
(2)An application for a fire permit must state—
(a)the location of the proposed activity; and
(b)the nature of the proposed activity; and
(c)the date and time of the proposed activity; and
(d)the safety precautions to be undertaken in relation to the proposed activity.
(3)In deciding whether to issue a fire permit, the commissioner—
(a)must consider—
(i)the matters stated in the application; and
(ii)the weather conditions forecast for the time of the proposed activity; and
(iii)the availability of the Territory’s firefighting resources for the time of the proposed activity; and
(b)may consider any other relevant matter.
(4)A fire permit must—
(a)state the following:
(i)the person to whom the permit is issued;
(ii)the day the permit comes into force and the day it expires;
(iii)whether or not the permit remains in force when a total fire ban is also in force;
(iv)the conditions (if any) on the permit; and
(b)include any other information prescribed by regulation.
126BOperation of fire permit
(1)A fire permit issued to a person does not affect the person’s—
(a)duties under the Environment Protection Act 1997, section 22 (General environmental duty); or
(b)obligation to hold an authorisation under that Act, section 42 (Conducting prescribed classes of activities); or
(c)other obligations, if any, under that Act.
(2)A fire permit is subject to the conditions (if any) stated in the permit.
(3)A fire permit that does not state that it remains in force during a total fire ban is suspended for the period a total fire ban is in force, unless the total fire ban is declared not to apply to a part of the ACT where the activity authorised by the fire permit is carried out.
Chapter 6
substitute
Chapter 6Multi-hazard advisory council
Establishment of multi-hazard advisory council
The ACT Multi-Hazard Advisory Council is established.
Constitution of advisory council
(1)The advisory council consists of—
(a)a chairperson; and
(b)a deputy chairperson; and
(c)at least 3, but not more than 10, other members.
(2)The deputy chairperson acts in the position of chairperson—
(a)during all vacancies in the position; and
(b)during all periods when the chairperson cannot for any reason exercise the functions of the position.
Advisory council members
(1)The Minister must appoint the advisory council members.
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
(2)The Minister may appoint a person as a member only if the Minister considers the person has the appropriate qualifications or experience to assist the council to exercise its functions.
(3)The following must not be appointed under subsection (1):
(a)the commissioner;
(b)an assistant commissioner;
(c)the chief officer of an emergency service.
(4)A person must not be appointed for a term that is longer than 4 years.
(5)A person must not be appointed for more than 2 consecutive terms.
Functions of advisory council
(1)The advisory council has the following functions:
(a)advising the Minister about matters relating to natural hazards;
(b)if the commissioner asks for the council’s advice before exercising a function relating to natural hazards—advising the commissioner about the exercise of the function;
NoteThe commissioner must ask for the advisory council’s advice before exercising certain functions (see s 10).
(c)any other function—
(i)given to the council under this Act or another territory law; or
(ii)prescribed by regulation.
NoteA provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196).
(2)The council may publish advice given under subsection (1) (a) or (b) if the council first consults the commissioner about publishing the advice.
Director‑general to give support to advisory council
The director‑general must provide administrative support and facilities for the advisory council.
Ending of advisory council members’ appointments
The Minister may end the appointment of an advisory council member—
(a)for misbehaviour; or
(b)for physical or mental incapacity, if the incapacity affects the exercise of the member’s functions; or
(c)if the member—
(i)becomes bankrupt or personally insolvent; or
(ii)is absent, other than on leave approved by the Minister, from 3 consecutive meetings of the advisory council; or
(iii)contravenes section 134 (Disclosure of interests by advisory council members) without reasonable excuse; or
(iv)commits, in Australia or elsewhere, an offence punishable by imprisonment for at least 1 year; or
(d)if the Minister is satisfied that the member’s ability to function as a member is affected by an interest disclosed under section 134.
Advisory council terms of reference and procedures
(1)The Minister may, on the Minister’s own initiative or in consultation with the advisory council, determine the terms of reference and the procedures for the council.
(2)A determination under subsection (1) is a notifiable instrument.
(3)If the Minister has not made a determination about the council’s procedures, the council may decide its own procedures in relation to anything for which a procedure is not provided under this Act.
Disclosure of interests by advisory council members
(1)An advisory council member who has a relevant interest in an issue being considered, or about to be considered, by the council must, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the council.
(2)The disclosure must be recorded in the advisory council’s minutes and, unless the council otherwise decides, the member must not—
(a)be present when the council considers the issue; or
(b)take part in a decision of the council on the issue.
(3)Any other advisory council member who also has a relevant interest in the issue must not—
(a)be present when the council is considering its decision under subsection (2); or
(b)take part in the decision.
(4)In this section:
relevant interest, in an issue, means—
(a)a direct or indirect financial interest in the issue; or
(b)a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the advisory council member’s functions in relation to the council’s consideration of the issue.
Reporting of disclosed interests to Minister
(1)Within 14 days after the disclosure of an interest under section 134 (1), the advisory council chairperson must report to the Minister in writing about—
(a)the disclosure; and
(b)the nature of the interest disclosed; and
(c)any decision by the council under section 134 (2).
(2)The advisory council chairperson must give the Minister, by 31 July each year, a statement that sets out the information given to the Minister in reports under subsection (1) that relate to disclosures made during the previous financial year.
(3)The Minister must give a copy of the statement to the relevant committee of the Legislative Assembly within 14 days after the day the Minister receives the statement.
(4)In this section:
relevant committee means—
(a)a standing committee of the Legislative Assembly nominated by the Speaker for subsection (3); or
(b)if no nomination under paragraph (a) is in effect—the standing committee of the Legislative Assembly responsible for public accounts.
Functions of SEMSOG
Section 143 (3) (b) and (c)substitute
(b)to support the commissioner and the chief police officer in security and emergency management;
(c)to support the preparation of—
(i)the emergency plan or any part of the plan; and
(ii)an emergency sub-plan; and
(iii)a community communication and information plan;
Section 149
substitute
Community communication and information plan
(1)The Minister must make a plan (a community communication and information plan) for communicating information to the community during an emergency.
(2)The community communication and information plan must include—
(a)provisions about when and how reports must be given to the community, and the kinds of reports that must be given; and
Examples
·incident reports
·situation reports
(b)provisions to ensure—
(i)that arrangements are made with a number of media organisations to establish adequate and reliable communications; and
(ii)that the media has appropriate training.
Example
involving the media in regular emergency exercises
149APreparation of community communication and information plan
(1)The commissioner must prepare, and give the Minister, a draft community communication and information plan for communicating information to the community during an emergency.
(2)In preparing the draft plan the commissioner must consult the SEMSOG.
(3)After considering the draft plan, the Minister must, in writing, make a community communication and information plan for the ACT.
149BCommunicating information about emergencies
The commissioner must ensure that information about emergencies is given to the community in accordance with the community communication and information plan.
Declaration of state of alert
Section 151 (1) (a)substitute
(a)the Minister is satisfied that—
(i)an emergency is likely to happen; and
(ii)the nature of the emergency calls for an urgent, significant and coordinated response to minimise or manage a substantial risk to—
(A)the safety of people, animals or property; or
(B)the preservation of the environment; or
(C)the provision of essential services; and
Publication of state of alert declaration
New section 153 (1) (aa)insert
(aa)posted using social media; and
Declaration of state of emergency
Section 156 (1)substitute
(1)This section applies if the Chief Minister is satisfied that—
(a)an emergency has happened, is happening or is likely to happen; and
(b)the nature of the emergency calls for an urgent, significant and coordinated response to minimise or manage a substantial risk to—
(i)the safety of people, animals or property; or
(ii)the preservation of the environment; or
(iii)the provision of essential services.
Publication of declaration of state of emergency
New section 158 (1) (aa)insert
(aa)posted using social media; and
New division 7.3.3
insert
Division 7.3.3 Recovery coordinator
174AMeaning of territory agency—div 7.3.3
In this division:
territory agency means—
(a)an administrative unit; or
(b)a territory-owned corporation; or
(c)a statutory office-holder; or
(d)an entity prescribed by regulation for this definition.
174BAppointment of recovery coordinator
(1)This section applies if the Minister is satisfied that—
(a)an emergency has happened, is happening or is likely to happen; and
(b)the scale or nature of the emergency requires, or is likely to require, a recovery operation involving different territory agencies.
(2)The Minister may appoint a person to coordinate the recovery operation for the emergency (the recovery coordinator).
(3)The Legislation Act, division 19.3.3 (Appointments—Assembly consultation) does not apply to an appointment under this section.
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
(4)The Minister may be satisfied that an emergency is likely to happen if the 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.
174CFunctions of recovery coordinator
(1)The recovery coordinator has the following functions in relation to a recovery operation:
(a)to coordinate recovery activities being carried out by territory agencies, private entities and members of the community;
(b)to coordinate the provision of essential services to communities affected, or likely to be affected, by an emergency;
(c)to report to the Minister and the SEMSOG about any matter relating to a recovery operation;
(d)any other function given to the recovery coordinator by this Act or another territory law.
(2)As far as practicable, the recovery coordinator’s functions must be exercised in accordance with any part of the emergency plan, or an emergency sub-plan, that deals with recovery operations.
Cooperative arrangements with Commonwealth, State or overseas agencies
Section 176 (1)after
Minister
insert
or the commissioner
New sections 182A and 182B
in chapter 8, insert
182ADefinitions—ch 8
In this chapter:
emergency operation means an operation carried out by an emergency service in response to an emergency.
emergency operation notice—see section 182B.
182BEmergency operation notice
(1)This section applies if—
(a)the Minister is satisfied that an emergency has happened, is happening or is likely to happen in the ACT; and
(b)neither a state of alert nor a state of emergency have been declared for the emergency; and
(c)the Minister is satisfied that the emergency requires an emergency operation.
(2)The Minister must, as soon as practicable, prepare a written notice (an emergency operation notice) setting out the following:
(a)that an emergency operation has started;
(b)when and where the emergency operation started;
(c)the nature of the emergency;
(d)if the Minister knows when the emergency operation will end—the day on which the operation ends;
(e)any other information prescribed by regulation.
(3)As soon as practicable after issuing the notice, the Minister must ensure the notice is—
(a)broadcast in the ACT by television or radio; and
(b)posted using social media; and
(c)notified under the Legislation Act as if it were a notifiable instrument.
(4)The notice ends—
(a)at the end of the day on which the emergency operation is stated to end in the notice; or
(b)if no end day is stated in the notice—the end of the day on which the notice is revoked.
(5)A failure to comply with subsection (3) does not affect the validity of the notice.
(6)For subsection (1), the Minister may be satisfied that an emergency is likely to happen if the 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.
Victimisation of volunteers
Section 183 (1)substitute
(1)This section applies if a volunteer is absent from the volunteer’s employment to take part in an emergency operation during—
(a)an emergency for which an emergency operation notice has been issued; or
(b)a declared state of alert; or
(c)a declared state of emergency.
Interfering with fire appliance, hydrant, alarm etc
Section 190 (1) and example and penaltysubstitute
(1)A person commits an offence if the person does something to, or near, a fire appliance or a fire appliance container that—
(a)prevents or hinders the effective use of the appliance or container; or
(b)damages the appliance or container.
Maximum penalty: 50 penalty units.
New section 190 (7)
insert
(7)In this section:
fire appliance container means a container used for housing or storing fire appliances.
Protection of officials from liability
Section 198 (1), definition of official, new paragraph (aa)insert
(aa)an assistant commissioner; or
Section 198 (4) (e)
substitute
(e)giving reasonable assistance as required by a chief officer under section 34 (1) (o) (General powers of chief officers); or
New chapter 12
insert
Chapter 12Transitional—Emergencies Amendment Act 2021
Definitions—ch 12
In this chapter:
bushfire council means the ACT Bushfire Council established under section 127 as in force immediately before the commencement day.
commencement day means the day the Emergencies Amendment Act 2021, section 3 commences.
old permit means a permit under the pre-amendment Act, section 118 (Fire permits) or section 124 (Permits for division 5.6.2).
pre‑amendment Act means this Act, as in force immediately before the commencement day.
Declaration of built-up area
A declaration of a built-up area under the pre-amendment Act, section 65 is, on the commencement day, taken to be a declaration under section 6A.
Old permit taken to be fire permit
(1)This section applies to an old permit that is in force immediately before the commencement day.
(2)The old permit is, on the commencement day, taken to be a fire permit and continues in force—
(a)in the same terms as the old permit; and
(b)subject to the same conditions, if any, as the old permit.
(3)The fire permit is taken to end—
(a)on the end day stated in the old permit; or
(b)if no end day is stated in the old permit—3 months after the commencement day.
(4)The fire permit must not be amended, transferred or renewed.
Application for old permit not decided
(1)This section applies if—
(a)before the commencement day, a person applies for an old permit; and
(b)immediately before the commencement day, the commissioner has not decided whether to issue the permit.
(2)The application is, on the commencement day, taken to be an application for a fire permit.
Bushfire council members
(1)The appointment of a person as a member of the bushfire council under the pre-amendment Act, section 129 (Bushfire council members), that is in force immediately before the commencement day is, on the commencement day, taken to be an appointment of the person as a member of the advisory council under section 129 (Advisory council members) and continues in force until the end of the term of the appointment under the pre-amendment Act unless ended earlier.
(2)The appointment of a person as chairperson or deputy chairperson of the bushfire council under the pre-amendment Act, section 129, that is in force immediately before the commencement day is, on the commencement day, taken to be an appointment of the person as chairperson or deputy chairperson of the advisory council under section 129 and continues in force until the end of the term of the appointment under the pre-amendment Act unless ended earlier.
Bushfire council functions
(1)This section applies if, immediately before the commencement day—
(a)the bushfire council did not carry out or complete a function required under a provision of the pre-amendment Act or any other territory law; or
(b)a person did not carry out or complete a function, in relation to the bushfire council, required under a provision of the pre‑amendment Act or any other territory law.
(2)The provision of the pre-amendment Act or the other territory law as in force immediately before the commencement day continue to apply to the carrying out or completion of the function, and the advisory council is taken to be the bushfire council for the purpose of the provision and any matter relating to the performance of the function.
Bushfire council disclosures, reporting etc
(1)A disclosure of an interest to the bushfire council under the pre‑amendment Act, section 139 (Disclosure of interests by bushfire council members) is, on the commencement day, taken to be a disclosure of an interest to the advisory council under section 134.
(2)A requirement to report information or give a statement under the pre‑amendment Act, section 140 (Reporting of disclosed interests to Minister) that has not been done before the commencement day is, on the commencement day, taken to be a requirement to report the information or give the statement under section 135.
Transitional regulations
(1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Emergencies Amendment Act 2021.
(2)A regulation may modify this chapter (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this chapter.
(3)A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
NoteA transitional provision under s (1) continues to have effect after its repeal, however, a modification under s (2) has no ongoing effect after its repeal (see Legislation Act, s 88).
Expiry—ch 12
(1)This chapter expires 12 months after the day it commences.
(2)This chapter is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
Reviewable decisions
Schedule 2, items 14 to 17substitute
| 14 | 126A | refuse to issue permit | applicant for permit |
| 15 | 126A (4) (a) (iv) | issue permit subject to condition | applicant for permit |
Dictionary, new definitions
insert
advisory council means the ACT Multi-Hazard Advisory Council established under section 127.
assistant commissioner—see section 13.
Dictionary, definition of built-up area
substitute
built-up area—see section 6A.
Dictionary, definition of bushfire council
omit
Dictionary, definition of community communication and information plan
substitute
community communication and information plan—see section 149 (1).
Dictionary, new definitions
insert
emergency operation, for chapter 8 (Volunteers)—see section 182A.
emergency operation notice, for chapter 8 (Volunteers)—see section 182B.
fire permit, for part 5.6 (Total fire ban, controlled activities, related offences and fire permits)—see section 126A.
Dictionary, definition of firework
substitute
firework, for part 5.6 (Total fire ban, controlled activities, related offences and fire permits)—see section 113A.
Dictionary, new definitions
high risk activity, for part 5.6 (Total fire ban, controlled activities, related offences and fire permits)—see section 113A.
recovery coordinator—see section 174B (2).
recovery operation means an operation for the purposes of recovering, or preparing to recover, from an emergency.
Dictionary, definition of rural area
substitute
rural area—see section 6B.
Dictionary, new definitions
insert
territory agency, for division 7.3.3 (Recovery coordinator)—see section 174A.
total fire ban, for part 5.6 (Total fire ban, controlled activities, related offences and fire permits)—see section 114 (2).
Schedule 1Consequential amendments
(see s 3)
Part 1.1Dangerous Substances (Explosives) Regulation 2004
[1.1]Section 22 (5)
substitute
(5)In this section:
built-up area—see the Emergencies Act 2004, section 6A.
rural area—see the Emergencies Act 2004, section 6B.
Part 1.2Environment Protection Act 1997
[1.2]Schedule 1, table 1.2, item 28, note
substitute
NoteThe Emergencies Act 2004 contains an offence about lighting etc fire during a total fire ban (see that Act, s 116). That Act may also require the owner of land to obtain oral approval or a permit before lighting etc a fire on the land (see that Act, s 123 and s 126A).
Part 1.3Environment Protection Regulation 2005
[1.3]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 ‘built-up area—see the Emergencies Act 2004, section 6A.’ means that the term ‘built-up area’ is defined in that section and the definition applies to this regulation.
[1.4]Dictionary, definition of built-up area
substitute
built-up area—see the Emergencies Act 2004, section 6A.
Part 1.4Road Transport (Vehicle Registration) Regulation 2000
[1.5]Section 17 (2), definition of rural area
substitute
rural area—see the Emergencies Act 2004, section 6B.
Part 1.5Territory Records Regulation 2009
[1.6]Schedule 1, item 6, column 2
omit
ACT Bushfire Council
substitute
ACT Multi-Hazard Advisory Council
[1.7]Dictionary, definition of ACT Bushfire Council
omit
[1.8]Dictionary, new definition of ACT Multi-Hazard Advisory Council
insert
ACT Multi-Hazard Advisory Council means the ACT Multi‑Hazard Advisory Council established under the Emergencies Act 2004, section 127.
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 9 November 2021.
Notification
Notified under the Legislation Act on 10 December 2021.
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 2021, which was passed by the Legislative Assembly on 30 November 2021.
Clerk of the Legislative Assembly
© Australian Capital Territory 2021
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