State Emergency Services and Civil Defence (Amendment) Act 1980 (NSW)

STATE EMERGENCY SERVICES AND CIVIL DEFENCE (AMENDMENT) ACT, 1980, No. 22

ANNO V1CESIMO NONO

ELIZABETHE II REGINE

Act No. 22, 1980.

An Act to amend the State Emergency Services and Civil Defence Act, 1972, in relation to the office of Director of State Emergency Services and Civil Defence and the persons who are to be officers for the purposes of the Act, and for certain other purposes. (Assented to, 15th April, 1980.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the "State Emergency Services

and Civil Defence (Amendment) Act, 1980".

1. (1) This section and section 1 shall commence on the date

of assent to this Act.

(2) Except as provided in subsection ( 1 ) , this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3. The State Emergency Services and Civil Defence Act, 1972,

is amended in the manner set forth in Schedule 1.

SCHEDULE 1.

A M E N D M E N T S T O T H E S T A T E E M E R G E N C Y S E R V I C E S A N D C I V I L

D E F E N C E A C T , 1972.

(1) (a) Section 3, definition of "Director"—

Omit the definition, insert instead :—

"Director" means the Director of State Emergency
Services and Civil Defence under section 5 A ;

SCHEDULE 1—continued.

A M E N D M E N T S T O T H E S T A T E E M E R G E N C Y S E R V I C E S A N D C I V I L

D E F E N C E A C T , 1972—continued.

(b) Section 3, definition of "officer"—

Omit the definition, insert instead :—

"officer" means—

(a) the Director;

(b)	an officer or temporary employee of the Public Service engaged in the administration of this Act;
(c)	a member of the Police Force for the time being nominated under section
5 B ; or
(d)	a person appointed under section 8 ( 1 ) ;

(2) Sections 5A, 5B-

After section 5, insert :—

5A. ( 1 ) There shall be a Director of State Emergency Services and Civil Defence, who shall be the person for the time being holding office as Commissioner of Police.

(2) Without limiting the generality of any

provisions of the Police Regulation Act, 1899, a reference	in that Act to the powers, authorities, duties and functions
of the Commissioner of Police includes a reference to the powers, authorities, duties and functions of the Director.
5 B . The Director may. with the approval of the Minister, nominate members of the Police Force specified or described in the instrument of nomination to be officers for the purposes of this Act, and may, with the approval of the Minister, revoke any such nomination.
SCHEDULE 1—continued.

A M E N D M E N T S T O T H E S T A T E E M E R G E N C Y S E R V I C E S A N D C I V I L

D E F E N C E A C T , 1972—continued.

(3 ) Section 2 2 A —

After section 22, insert :—

22A . Except as provided by section 22, nothing in this Act limits any powers, authorities, duties or functions that would be or would have to be exercised or performed by any person or body if this Act had not been enacted.

( 4 ) Section 2 6 —

Omit the section, insert instead :—

2 6 . The Director shall, as soon as practicable after 30th June, but on or before 30th September, in each year, cause a report giving information as to the administration and operation of this Act during the year ending on that 30th June to be prepared and forwarded to the Minister for presentation to Parliament.