Emergency Services Telecommunications Authority Act 2004 (Vic)
Version No. 015
Emergency Services Telecommunications Authority Act 2004
No. 98 of 2004
Version incorporating amendments as at
1 July 2020
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
4Binding the Crown
Part 2—Emergency Services Telecommunications Authority
Division 1—Establishment
5Establishment of Emergency Services Telecommunications Authority
6The Authority represents the Crown
6AObjective
6BEmergency Management Victoria
6CStrategic Action Plan
Division 2—General functions and powers
7Functions of the Authority
8Powers of the Authority
Division 3—Membership and procedure
9Membership of the Authority and appointment of members
10Terms and conditions of appointment
11Removal and resignation
12Acting appointments to the Authority
13Immunity of members of Authority
14Procedure of the Authority
15Resolutions without meetings
16Validity of decisions
17Members' pecuniary interests
18Improper use of information
19Delegation by Authority
Division 4—Ministerial directions
20Directions of the Minister
Part 3—Advisory committee
21Advisory committee
22Functions of the advisory committee
23Reports by the Authority to the advisory committee
24Terms of office of members of the advisory committee
25Travelling and personal expenses of members of the advisory committee
26Meetings
Part 4—Particular functions, powers and duties
Division 1—Corporate plans
27Corporate plans
Division 2—Provision of services to emergency services and other related services organisations
28Power to provide services to emergency services and other related services organisations
29Arrangements for the provision of services
30Inspector-General for Emergency Management to determine standards
Division 3—Fees for the provision of services by the Authority
31Service fees
32Payment and collection of fees
Division 4—Emergency warning and advisory services
32AFunction and powers relating to emergency warning and advisory services
32BLimitation on section 32A
Part 5—General
33Secrecy
34Organisations' rights of access to information
35Regulations
Part 8—Transitional provisions—abolition of Emergency Communications Victoria
42Definitions
43Transfer of property etc. from old body to new body
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 015
Emergency Services Telecommunications Authority Act 2004
No. 98 of 2004
Version incorporating amendments as at
1 July 2020
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1Purpose
The purpose of this Act is to make provision for certain emergency services telecommunications services and other communications services by the establishment of an authority and the enactment of other related provisions.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 January 2006, it comes into operation on that day.
* * * * *
3Definitions
In this Act—
advisory committee means the advisory committee appointed under section 21;
Ambulance Victoria has the same meaning as Ambulance Service—Victoria has in section 3(1) of the Ambulance Services Act 1986;
applicable work program means a work program (within the meaning of the Emergency Management Act 2013) that applies to the Authority;
Authority means the Emergency Services Telecommunications Authority established under Division 1 of Part 2;
call taking and dispatch services means the services of—
(a)taking, listening to and recording calls from the public or a member of an emergency services and other related services organisation, being calls in which assistance is sought of an emergency services and other related services organisation; and
(b)communicating the information given in such calls to the persons in emergency services and other related services organisations that are designated to respond to the calls and recording any such communication of information;
* * * * *
Corporate plan means a plan prepared by the Authority under Division 1 of Part 4 and approved by the Minister under that Division;
Country Fire Authority has the same meaning as Authority has in the Country Fire Authority Act 1958;
Emergency Communications Victoria means the body known as "Emergency Communications Victoria", established under the State Owned Enterprises Act 1992 by Order of the Governor in Council published in the special Government Gazette dated 4 June 2002;
Emergency Management Commissioner has the same meaning as it has in section 3 of the Emergency Management Act 2013;
emergency services and other related services organisation means any of the following—
(a)the Country Fire Authority;
* * * * *
(c)Fire Rescue Victoria;
(d)Ambulance Victoria;
(e)Victoria Police;
(f)the Victoria State Emergency Service Authority;
(g)any government agency;
(h)any person who is a party to a contract with Emergency Communications Victoria for the provision of emergency or other related services immediately before the commencement of this section;
(i)an organisation that provides services that are related to services provided by organisations specified in paragraphs (a) to (f);
(j)any other person or body prescribed for the purposes of this definition;
emergency telecommunications and other communications services means either or both of the following—
(a)call taking and dispatch services; and
(b)operational communications services;
Fire Rescue Victoria means Fire Rescue Victoria established under the Fire Rescue Victoria Act 1958;
* * * * *
Inspector-General for Emergency Management has the same meaning as it has in section 3 of the Emergency Management Act 2013;
member means a member of the Authority appointed under section 9;
* * * * *
* * * * *
operational communications services means services that enable the communication within any emergency services and other related services organisation or between any such organisations about all or any of the following—
(a)incidents detected by members of an emergency services and other related services organisation that require a response and, when required, reporting back data and information on any such incidents; or
(b)events, activities or other matters that require the attendance of any emergency services and other related services organisation and, when required, reporting back data and information on any such events, activities or matters; or
(c)any other operational matters—
when the service is not provided within or by an organisation itself;
* * * * *
State Crisis and Resilience Council has the same meaning as it has in section 3 of the Emergency Management Act 2013;
Strategic Action Plan has the same meaning as it has in section 3 of the Emergency Management Act 2013;
Victoria Police has the same meaning as in the Victoria Police Act 2013;
Victoria State Emergency Service Authority means the Victoria State Emergency Service Authority established under the Victoria State Emergency Service Act 2005.
4Binding the Crown
This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
Part 2—Emergency Services Telecommunications Authority
Division 1—Establishment
5Establishment of Emergency Services Telecommunications Authority
(1)The Emergency Services Telecommunications Authority is established.
(2)The Authority—
(a)is a body corporate with perpetual succession;
(b)has a common seal;
(c)may sue and be sued in its corporate name;
(d)may acquire, hold and dispose of real and personal property;
(e)may do and suffer all things that a body corporate may, by law, do and suffer.
(3)The common seal must be kept as directed by the Authority and must not be used except as authorised by the Authority.
(4)All courts must take judicial notice of the common seal on a document and, until the contrary is proved, must presume that the seal was properly affixed.
6The Authority represents the Crown
The Authority is a public authority that represents the Crown and holds its property on behalf of the Crown.
6AObjective
The objective of the Authority in performing its functions and exercising its powers under this Act is to—
(a)contribute to a whole of sector approach to emergency management;
(b)promote a culture within the emergency management sector of community focus, interoperability and public value.
6BEmergency Management Victoria
The Authority must, in performing its functions and exercising its powers, collaborate and consult with Emergency Management Victoria.
6CStrategic Action Plan
(1)The Authority must implement the applicable work program to give effect to the Strategic Action Plan.
(2)The Authority must prepare a written report on the progress made, and achievements attained, by the Authority to give effect to the Strategic Action Plan at intervals determined by the State Crisis and Resilience Council.
(3)The intervals must not be less than one a year.
(4)The Authority must give a copy of a report prepared by the Authority under subsection (2) to the State Crisis and Resilience Council and the Inspector-General for Emergency Management.
Division 2—General functions and powers
7Functions of the Authority
(1)The Authority has the following functions—
(a)to provide or enable and control the provision by others of emergency telecommunications and other communications services;
(b)to promote and develop policies and procedures to improve the standard and provision of emergency telecommunications and other communications services;
(c)to advise the Minister on the administration of this Act and on any other matter referred to the Authority by the Minister;
(d)any other functions that are conferred on the Authority by this or any other Act.
(2)The Authority must carry out its functions under subsection (1) in a manner that ensures that the services provided by the Authority are—
(a)effective and efficient; and
(b)consistent with prudent financial management practices; and
(c)safe and secure.
(3)In carrying out its functions under subsection (1) the Authority must have regard to any advice and recommendations of the advisory committee.
(4)In carrying out its functions under subsection (1), the Authority must recognise the right of emergency services and other related services organisations to—
(a)assess and vary their own operational standards; and
(b)manage their own resources; and
(c)assume direct control of communications in the event of incidents and emergencies.
8Powers of the Authority
(1)The Authority has all the powers necessary to perform its functions.
(2)Without limiting subsection (1), the Authority may—
(a)enter into contracts, agreements and arrangements;
(b)employ staff, appoint agents and engage persons to provide services;
(c)exercise any other powers conferred on the Authority by this or any other Act.
Division 3—Membership and procedure
9Membership of the Authority and appointment of members
(1)The Authority consists of 9 members.
(2)Of the members of the Authority—
(a)the chairperson and 7 other members must be appointed by the Governor in Council on the recommendation of the Minister; and
(b)1 member must be appointed by the Governor in Council on the recommendation of the Minister, after agreement with the Minister administering section 11 of the Health Services Act 1988.
(3)The Minister, in making a recommendation to the Governor in Council under subsection (2) as to the appointment of a member must have regard to the following matters—
(a)that each member of the Authority should have one or more of the following skills or experience—
(i)commercial skills;
(ii)technical skills;
(iii)operational skills;
(iv)legal skills;
(v)financial skills;
(vi)functional skills;
(vii)any other relevant skills;
(viii)significant experience in an emergency services sector; and
(b)that each member of the Authority must not be a member of any other emergency services and other related services organisation.
(4)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member.
10Terms and conditions of appointment
(1)A member holds office for the period, not exceeding 3 years that is specified in the instrument of his or her appointment and is eligible for re-appointment.
(2)A member is entitled to be paid the remuneration and travelling and other expenses that are determined by the Governor in Council.
11Removal and resignation
(1)A member may resign by writing signed by that person and delivered to the Governor in Council.
(2)The Governor in Council, on the recommendation of the Minister, may remove a member, or all members, from office.
(3)The Minister must recommend the removal of a member if the Minister is satisfied that the member—
(a)has been absent, without the approval of the Authority, from 3 consecutive meetings of the Authority; or
(b)has been convicted or found guilty of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or
(c)is an insolvent under administration within the meaning of the Corporations Act.
12Acting appointments to the Authority
(1)When—
(a)the office of the chairperson of the Authority is vacant; or
(b)the chairperson of the Authority is absent from Victoria or otherwise unable to perform the duties of the office—
the Governor in Council, on the recommendation of the Minister, may appoint a person to act in the office of chairperson.
(2)A person who is appointed under subsection (1) to act in the office of chairperson of the Authority has and may exercise all the powers, and must perform all the duties, of the office.
(3)When—
(a)the office of a member is vacant; or
(b)a member is absent from Victoria or is, for any reason, unable to attend meetings of the Authority or otherwise unable to perform the duties of the office—
the Governor in Council, on the recommendation of the Minister, may appoint a person to act in that office.
(4)A person who is appointed under subsection (3) to act in the office of a member has and may exercise all the powers, and must perform all the duties, of the office.
13Immunity of members of Authority
(1)A member of the Authority is not personally liable for anything done or omitted to be done in good faith—
(a)in the exercise of a power or the discharge of a duty under this Act or the regulations; or
(b)in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or the regulations.
(2)Any liability resulting from an act or omission that would, but for subsection (1), attach to a member of the Authority attaches instead to the Authority.
14Procedure of the Authority
(1)The chairperson of the Authority, or in his or her absence a member elected by the members present, must preside at a meeting of the Authority.
(2)A majority of members of the Authority for the time being constitutes a quorum of the Authority.
(3)A question arising at a meeting of the Authority must be determined by a majority of votes of the members present at the meeting and voting on that question and, if the voting is equal, the person presiding has a casting, as well as a deliberative, vote.
(4)Except as otherwise provided in this Division or in the regulations, the procedure of the Authority is in the discretion of the Authority.
15Resolutions without meetings
(1)If the members (other than a member who is absent from Australia when the other members sign) sign a document that those members are in favour of a resolution in terms set out in the document, a resolution in those terms must be taken to have been passed at a meeting of the Authority held on the day on which the document is signed, or, if the members do not sign on the same day, on the day on which the last member to sign signs the document.
(2)If a resolution is, under subsection (1), taken to have been passed at a meeting of the Authority, each member must be advised as soon as practicable and given a copy of the terms of the resolution.
(3)For the purposes of subsection (1), two or more separate documents containing a statement in identical terms, each of which is signed by one or more members, must be taken to constitute one document.
16Validity of decisions
An act or decision of the Authority is not invalid by reason only of—
(a)a defect or irregularity in or in connection with the appointment of a member of the Authority; or
(b)a vacancy in the membership of the Authority.
17Members' pecuniary interests
(1)A member of the Authority who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Authority must, as soon as practicable after the relevant facts have come to his or her knowledge, declare the nature of the interest at a meeting of the Authority.
Penalty:5 penalty units.
(2)The person presiding at the meeting must cause the declaration to be recorded in the minutes of the meeting.
(3)A member who has a conflict of interest in a matter—
(a)must not be present during any deliberations on the matter; and
(b)is not entitled to vote on the matter.
(4)If a member votes on a matter in contravention of subsection (3)(b), his or her vote must be disallowed.
18Improper use of information
A person who is, or has been, a member of the Authority must not make improper use of any information, acquired in the course of his or her duties, to obtain directly or indirectly any pecuniary or other advantage for himself or herself or for any other person.
Penalty:5 penalty units.
19Delegation by Authority
The Authority may, by instrument, delegate to—
(a)a member or an employee of the Authority; or
(b)a person engaged to provide services to the Authority—
any of its powers other than this power of delegation.
Division 4—Ministerial directions
20Directions of the Minister
(1)The Authority is subject to the general direction and control of the Minister in the performance of its functions and the exercise of its powers.
(2)The Minister may give directions in writing to the Authority in relation to the performance of any of its functions or the exercise of any of its powers.
(3)The Minister must not give a direction under subsection (1) that affects the operations of an emergency services and other related services organisation unless the Minister has first consulted the Minister responsible for administering that organisation.
(4)A copy of each direction must be included in the Authority's report of operations for a financial year under Part 7 of the Financial Management Act 1994.
Part 3—Advisory committee
21Advisory committee
(1)The Authority must appoint an advisory committee.
(2)The advisory committee must consist of—
(a)a member of the Authority who must be the chairperson of the committee;
(b)one person nominated by Victoria Police;
(c)one person nominated by Ambulance Victoria;
* * * * *
(e)one person nominated by the Country Fire Authority;
(f)one person nominated by Fire Rescue Victoria;
(g)one person nominated by the Victoria State Emergency Service;
(h)one person nominated by each other emergency services and other related services organisation prescribed under paragraph (j) of the definition of emergency services and other related services organisation in section 3;
(i)if the Authority considers it appropriate, one other person, appointed by the Authority to represent the interests of persons to whom paragraph (i) of the definition emergency services and other related services organisation in section 3 applies.
22Functions of the advisory committee
The functions of the advisory committee are to—
(a)advise the Authority of any specific requirements of or issues relating to the organisations represented on the committee; and
(b)carry out any other functions that are conferred on the committee by this Act, by the regulations or by the Authority.
23Reports by the Authority to the advisory committee
The Authority must for each month of its operations prepare and give to the committee a report setting out—
(a)the performance of the Authority for that month as measured against the standards determined under section 30; and
(b)the measures taken to deal with matters raised under section 22(a).
24Terms of office of members of the advisory committee
(1)Each member of the advisory committee holds office for the term and on the conditions determined by the Authority, after consultation with the emergency services and other related services organisation that nominated the member for appointment (where the case so requires), and being the terms and conditions that are specified in the member's instrument of appointment.
(2)The Authority, on the recommendation of the emergency services and other related services organisation that nominated a member of the advisory committee for appointment (where the case so requires), may, at any time, remove the member from office.
25Travelling and personal expenses of members of the advisory committee
The members of the advisory committee are entitled to receive any travelling and personal expenses that are determined by the Authority.
26Meetings
(1)The chairperson of the advisory committee must preside at a meeting of the advisory committee that he or she attends.
(2)If the chairperson is unable to attend a meeting of the advisory committee, the Authority may nominate a person to act in the chairperson's place and preside at the meeting.
(3)A person nominated to act as chairperson under subsection (2) has and may exercise all the powers and must perform all the duties of chairperson and is deemed to be a member of the advisory committee for the period for which the person is so appointed to act.
(4)Except as otherwise provided in this Division or in the regulations, the procedure of the advisory committee is in the discretion of the advisory committee.
Part 4—Particular functions, powers and duties
Division 1—Corporate plans
27Corporate plans
(1)The Authority must, at least once in each year and at any other time if so directed by the Minister, prepare and submit to the Minister for approval a plan for the Authority's operations.
(2)In preparing a plan under this section the Authority must consult with the advisory committee and have regard to any advice given by the advisory committee.
(3)A plan under this section must include—
(a)the financial information specified in writing by the Minister, including any fees to be determined under section 31(3)(a); and
(b)a business plan addressing the matters specified in writing by the Minister; and
(c)a report on any other matters that are specified in writing by the Minister.
(4)The Minister may in relation to a plan prepared under this section—
(a)approve the plan; or
(b)approve the plan with amendments; or
(c)refuse to approve the plan.
(5)The Authority must advise the Minister if it wishes to perform its functions in a manner inconsistent with a plan approved under this section.
Division 2—Provision of services to emergency services and other related services organisations
28Power to provide services to emergency services and other related services organisations
(1)The Authority may provide to an emergency services and other related services organisation services in the nature of emergency telecommunications and other communications services.
(2)The Authority and all persons to whom any emergency telecommunications and other communications services are provided must ensure that, in the course of the provision of any such services, they act in a manner that—
(a)promotes trust and open communication; and
(b)emphasises service delivery to the Victorian community and to emergency services and other related services organisations; and
(c)achieves a co-ordinated and integrated approach to the provision of the services; and
(d)is open, flexible and accountable in the provision of the services.
29Arrangements for the provision of services
(1)The Authority, in consultation with an emergency services and other related services organisation may, from time to time, determine appropriate administrative arrangements for the provision of emergency telecommunications and other communications services to the organisation.
(2)An arrangement under subsection (1) must specify—
(a)the nature and level of the services to be provided; and
(b)the standards, determined under section 30, that are to apply to the provision of the services.
(3)If an emergency services and other related services organisation, is unable to agree with a determination for an appropriate administrative arrangement for the provision of emergency telecommunications and other communications services to the organisation, the Minister may give directions in writing to the Authority as to the determination of such an arrangement.
(4)The Minister must not give a direction under subsection (3) that affects the operations of an emergency services and other related services organisation unless the Minister has first consulted the Minister responsible for administering that organisation.
(5)A determination under this section may be amended in the same manner in which it is made.
30Inspector-General for Emergency Management to determine standards
(1)The Inspector-General for Emergency Management, in consultation with the Authority and the emergency services and other related services organisation to which standards are to relate, may, from time to time, determine the standards for the performance by the Authority of the emergency telecommunications and other communications services it provides.
(2)Standards determined under subsection (1) must set out the qualitative and quantitative measures for the level of service that is to be provided.
Division 3—Fees for the provision of services by the Authority
31Service fees
(1)The Authority may determine a fee to be charged by the Authority for the provision of an emergency telecommunications and other communications service to an emergency services and other related services organisation.
(2)The Authority must not make a determination under subsection (1) unless the Authority has first consulted with each emergency services and other related services organisation that is likely to be affected by the determination.
(3)A fee determined under subsection (1) for the provision of a service may be determined to be payable for—
(a)a period of twelve months; or
(b)a lesser period or a greater period if there are particular circumstances that necessitate the payment of a fee for a service for a lesser period or a greater period.
(4)If the Authority is determining a fee under subsection (1), the Authority must first obtain the approval of the Minister before doing so.
(5)A determination under subsection (1) must specify—
(a)the period for which the fee is payable; and
(b)the method by which the fee is calculated, which may vary in accordance with the nature of the service provided; and
(c)any other arrangements for the payment of the fee.
32Payment and collection of fees
(1)A fee determined under section 31 is payable by an emergency services and other related services organisation in accordance with the determination of the Authority under section 31.
(2)A fee payable under this section is a debt due to the Authority by the emergency services and other related services organisation that is liable to pay it and may be collected in a court of competent jurisdiction.
Division 4—Emergency warning and advisory services
32AFunction and powers relating to emergency warning and advisory services
(1)This section applies if the Authority receives a request in writing from the Chief Executive of Emergency Management Victoria to perform a function or exercise a power under this section.
(2)If this section applies, the Authority has the function of providing emergency warning and advisory services, including the administration of contracts for the provision of the services, specified in the request.
(3)The Authority has all the powers necessary to perform the function under this section.
32BLimitation on section 32A
(1)A request under section 32A(1) must not be inconsistent with any directions given to the Authority by the Minister under section 20.
(2)Directions given by the Minister under section 20 prevail to the extent of any inconsistency with a request under section 32A(1).
(3)The Authority must perform a function and exercise powers under section 32A subject to this section.
Part 5—General
33Secrecy
(1)In this section confidential information means any information relating to calls received or messages communicated by the Authority in the course of providing a service to an emergency services and other related services organisation.
(2)A person who has confidential information that he or she has received in the course of carrying out duties under this Act must not, except to the extent necessary to perform duties under this Act, record, disclose, communicate or make use of that information.
Penalty:5 penalty units.
(3)Subsection (2) does not prevent a person from—
(a)giving evidence or producing a document to a court in the course of criminal proceedings or proceedings under this Act, even though the evidence or document contains confidential information; or
(b)disclosing or communicating confidential information in accordance with the written authority of the Minister or the person to whom the information relates; or
(c)disclosing or communicating confidential information to an Ombudsman officer (within the meaning of the Ombudsman Act 1973); or
(d)disclosing confidential information to the extent specifically authorised by another Act.
34Organisations' rights of access to information
The Authority must disclose to an emergency services and other related services organisation any emergency related information or information in relation to operational communications services under the control of the Authority—
(a)that is relevant to the performance of that organisation's functions; and
(b)the disclosure of which is requested by the organisation.
35Regulations
The Governor in Council may make regulations for or with respect to any other matter or thing required or permitted to be prescribed by this Act or necessary to be prescribed to give effect to this Act.
* * * * *
Part 8—Transitional provisions—abolition of Emergency Communications Victoria
42Definitions
In this Part—
commencement day means the day on which Part 2 comes into operation;
old body means Emergency Communications Victoria;
new body means the Authority.
43Transfer of property etc. from old body to new body
Except as otherwise provided in this Act, on and from the commencement day—
(a)the old body is abolished and the Board of Directors go out of office; and
(b)all rights, property and assets that, immediately before the commencement day were vested in the old body, vest in the new body; and
(c)all debts, liabilities and obligations of the old body existing immediately before the commencement day become debts, liabilities and obligations of the new body; and
(d)the new body is substituted as a party in any proceedings pending in any court or tribunal to which the old body was a party, immediately before the commencement day; and
(e)the new body is substituted as a party to any contract or arrangement entered into by or on behalf of the old body and in force immediately before the commencement day; and
(f)any reference to the old body in any Act or in any proclamation, Order in Council, rule, regulations, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement day, and if not inconsistent with the context or subject matter, must be construed as a reference to the new body.
* * * * *
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 11 November 2004
Legislative Council: 7 December 2004
The long title for the Bill for this Act was "to make provision for certain emergency services telecommunications services and other communications services by the establishment of an authority and other related matters and for other purposes."
The Emergency Services Telecommunications Authority Act 2004 was assented to on 14 December 2004 and came into operation as follows:
Sections 1 to 44 on 1 July 2005: Government Gazette 9 June 2005 page 1175; section 45 not yet proclaimed.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Emergency Services Telecommunications Authority Act 2004 by Acts and subordinate instruments.
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Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 66) on 5.4.05: Government Gazette 31.3.05 p. 602 CurrentState: This information relates only to the provision/s amending the Emergency Services Telecommunications Authority Act 2004
Victoria State Emergency Service Act 2005, No. 51/2005
Assent Date: 24.8.05 Commencement Date: S. 58(4)(5) on 1.11.05: Government Gazette 20.10.05 p. 2308 CurrentState: This information relates only to the provision/s amending the Emergency Services Telecommunications Authority Act 2004
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 31) on 11.10.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Emergency Services Telecommunications Authority Act 2004
Statute Law Revision Act 2007, No. 28/2007
Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 20) on 27.6.07: s. 2(1) CurrentState: This information relates only to the provision/s amending the Emergency Services Telecommunications Authority Act 2004
Motor Car Traders Amendment Act 2008, No. 4/2008
Assent Date: 4.3.08 Commencement Date: S. 32(Sch. item 7) on 1.12.08: s. 2(2) CurrentState: This information relates only to the provision/s amending the Emergency Services Telecommunications Authority Act 2004
Emergency Services Legislation Amendment Act 2012, No. 5/2012
Assent Date: 6.3.12 Commencement Date: Ss 111–115 on 1.5.12: Special Gazette (No. 140) 1.5.12 p. 1 CurrentState: This information relates only to the provision/s amending the Emergency Services Telecommunications Authority Act 2004
Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012
Assent Date: 18.12.12 Commencement Date: S. 287 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 CurrentState: This information relates only to the provision/s amending the Emergency Services Telecommunications Authority Act 2004
Emergency Management Act 2013, No. 73/2013
Assent Date: 3.12.13 Commencement Date: Ss 82–84 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1 CurrentState: This information relates only to the provision/s amending the Emergency Services Telecommunications Authority Act 2004
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 55) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 CurrentState: This information relates only to the provision/s amending the Emergency Services Telecommunications Authority Act 2004
Justice Legislation Amendment Act 2014, No. 41/2014
Assent Date: 17.6.14 Commencement Date: S. 15 on 18.6.14: s. 2(1) CurrentState: This information relates only to the provision/s amending the Emergency Services Telecommunications Authority Act 2004
Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019
Assent Date: 2.7.19 Commencement Date: Ss 170, 171 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 CurrentState: This information relates only to the provision/s amending the Emergency Services Telecommunications Authority Act 2004
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3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
No entries at date of publication.
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