Telecommunications (Data for emergency warning systems) Instrument 2016 (Cth)
Telecommunications (Data for emergency warning systems) Instrument 20161
Telecommunications Act 1997
I, George Brandis QC, Attorney-General, make this Instrument under subsections 275B (2) and 275D (2) of the Telecommunications Act 1997.
Dated 6 October 2016
GEORGE BRANDIS QC
Attorney-General
Name of Instrument
This Instrument is the Telecommunications (Data for emergency warning systems) Instrument 2016.
Commencement
This Instrument commences on the day after it is registered.
Revocation
The Telecommunications (Data for Emergency Warning Systems) Instrument 2010 is revoked.
Definitions
In this Instrument:
Act means the Telecommunications Act 1997.
Chairperson, State Disaster Coordination Group means the position of Chair of the State Disaster Coordination Group mentioned in the Queensland State Disaster Management Plan (published May 2015), made in accordance with section 49 of the Disaster Management Act 2003 (Qld).
Chief Commissioner of Police means the position of Chief Commissioner of Police mentioned in section 17 of the Victoria Police Act 2013 (Vic).
Chief Executive, Emergency Management Victoria means the position mentioned in section 20 of the Emergency Management Act 2013 (Vic).
Chief Fire Officer, Department of Environment, Land, Water and Planning, means the position of Chief Fire Officer mentioned in section 61A of the Forests Act 1958 (Vic).
Chief Officer, Country Fire Authority means the position of Chief Officer mentioned in section 17 of the Country Fire Authority Act 1958 (Vic).
Chief Officer of the Metropolitan Fire and Emergency Services means the position of Chief Officer of the Metropolitan Fire and Emergency Services mentioned in section 31 of the Metropolitan Fire Brigades Act 1958 (Vic).
Chief Officer of SACFS means the position of Chief Officer of SACFS mentioned in subsection 60 (1) of the Fire and Emergency Services Act 2005 (SA).
Chief Officer of SAMFS means the position of Chief Officer of SAMFS mentioned in subsection 27 (1) of the Fire and Emergency Services Act 2005 (SA).
Chief Officer of SASES means the position of Chief Officer of SASES mentioned in subsection 109 (1) of the Fire and Emergency Services Act 2005 (SA).
Chief Officer, Tasmania Fire Service means the position of Chief Officer mentioned in subsection 10 (1) of the Fire Service Act 1979 (Tas).
Chief Officer, Operations, Victoria State Emergency Service means the position of Chief Officer, Operations mentioned in section 29 of the Victoria State Emergency Service Act 2005 (Vic).
Chief Police Officer means the position of Chief Police Officer for the ACT mentioned in arrangements under subsection 8 (1A) of the Australian Federal Police Act 1979.
Commander, State Disaster Coordination Centre means the position of Commander of the State Disaster Coordination Centre mentioned in the Queensland State Disaster Management Plan (published May 2015), made in accordance with section 49 of the Disaster Management Act 2003 (Qld).
Commissioner, Fire and Rescue NSW means the position of Commissioner mentioned in subsection 3 (1) of the Fire Brigades Act 1989 (NSW).
Commissioner, NSW Police Force means the position of Commissioner of Police mentioned in subsection 24 (1) of the Police Act 1990 (NSW).
Commissioner, NSW Rural Fire Service means the position of Commissioner of the NSW Rural Fire Service mentioned in subsection 10 (1) of the Rural Fires Act 1997 (NSW).
Commissioner of Police, South Australia Police means the position of Commissioner of Police mentioned in section 12 of the Police Act 1998 (SA).
Commissioner of Police, Tasmania Police means the position of Commissioner of Police mentioned in section 6 of the Police Service Act 2003 (Tas).
Commissioner of Police, Western Australia means the position of Commissioner of Police mentioned in section 5 of the Police Act 1892 (WA).
Commissioner of Police for the Australian Federal Police means the position of Commissioner of Police mentioned in subsection 17 (1) of the Australian Federal Police Act 1979.
Commissioner, Queensland Fire and Emergency Services means the position of Commissioner mentioned in section 5 of the Fire and Emergency Services Act 1990 (Qld).
Commissioner, Queensland Police Service means the position of Commissioner of the Police Service mentioned in section 4.2 of the Police Service Administration Act 1990 (Qld).
Commissioner, State Emergency Service of New South Wales means the position of Commissioner of the State Emergency Service mentioned in the definition of ‘Commissioner’ in subsection 3 (1) of the State Emergency Service Act 1989 (NSW).
Deputy Commissioner of Police means the position of Deputy Commissioner of Police mentioned in subsection 14 (1) of the Police Act 1998 (SA).
Deputy State Emergency Management Controller means the position of Deputy State Emergency Management Controller mentioned in subsection 10 (2) of the Emergency Management Act 2006 (Tas).
Director-General, Emergency Management Australia means the position occupied by the head of Emergency Management Australia, part of the Commonwealth Attorney-General’s Department.
Director-General, NSW Department of Health means the position of Director-General of the Department of Health mentioned in the definition of ‘Director-General’ in subsection 4 (1) of the Health Administration Act 1982 (NSW).
Director General, Department of Health means the position of CEO mentioned in section 3 of the Health Legislation Administration Act 1984 (WA).
Director General, Department of Parks and Wildlife means the position of CEO mentioned in section 3 of the Conservation and Land Management Act 1984 (WA).
Director of Public Health means the position of Director of Public Health mentioned in subsection 6 (1) of the Public Health Act 1997 (Tas).
Director of the Northern Territory Emergency Service means the position of Director of the Northern Territory Emergency Service mentioned in section 48 of the Emergency Management Act 2013 (NT).
Director of the State Emergency Service means the position of Director of the State Emergency Service mentioned in section 27 of the Emergency Management Act 2006 (Tas).
Emergency Management Commissioner means the position mentioned in subsection 24 (1) of the Emergency Management Act 2013 (Vic).
Emergency Services Commissioner, ACT means the position of ACT Emergency Services Commissioner mentioned in section 7 of the Emergencies Act 2004 (ACT).
Executive Officer, State Group means the position of executive officer of the State Group mentioned in section 21 of the Disaster Management Act 2003 (Qld).
Fire and Emergency Services Commissioner means the position of Fire and Emergency Services Commissioner mentioned in section 3 of the Fire and Emergency Services Act 1998 (WA).
Officer in charge of an agency having overall control of response activities in relation to a Class 2 emergency means the position mentioned in section 39 of the Emergency Management Act 2013 (Vic).
position includes office.
Regional Controller means a position of Regional Emergency Controller mentioned in section 54 of the Emergency Management Act 2013 (NT).
Regional Emergency Management Controller means a position of Regional Emergency Management Controller mentioned in subsection 17 (1) of the Emergency Management Act 2006 (Tas).
Secretary to the Department of Environment, Land, Water and Planning means the position of Secretary mentioned in section 6 of the Conservation, Forests and Lands Act 1987 (Vic).
State Co-ordinator means the position of State Co-ordinator mentioned in section 14 of the Emergency Management Act 2004 (SA).
Note Section 14 of the Emergency Management Act 2004 (SA) provides that the Commissioner of Police is appointed as the State Co-ordinator.
State Disaster Coordinator means a position of State Disaster Coordinator appointed pursuant to section 21B of the Disaster Management Act 2003 (Qld).
State Emergency Coordinator means the office of State Emergency Coordinator mentioned in section 10 of the Emergency Management Act 2005 (WA).
State Emergency Management Controller means the position of State Emergency Management Controller mentioned in subsection 10 (1) of the Emergency Management Act 2006 (Tas).
State Emergency Operations Controller means the position of State Emergency Operations Controller mentioned in subsection 18 (1) of the State Emergency and Rescue Management Act 1989 (NSW).
State Response Controller means the position of State Response Controller mentioned in section 37 of the Emergency Management Act 2013 (Vic).
Territory Controller means the position of Territory Emergency Controller mentioned in section 28 of the Emergency Management Act 2013 (NT).
Note Section 28 of the Emergency Management Act 2013 (NT) provides that the Commissioner of Police is the Territory Emergency Controller.
Specification of emergency management persons
For the definition of emergency management person in subsection 275B (1) of the Act, each position mentioned in the following table, for a jurisdiction mentioned in the table, is specified.
Item
Jurisdiction
Position
1 Commonwealth (a) Commissioner of Police for the Australian Federal Police
(b) Director-General, Emergency Management Australia
2 New South Wales (a) Commissioner, Fire and Rescue NSW
(b) Commissioner, NSW Police Force
(c) Commissioner, NSW Rural Fire Service
(d) Commissioner, State Emergency Service of New South Wales
(e) Director-General, NSW Department of Health
(f) State Emergency Operations Controller
3 Victoria (a) Chief Commissioner of Police
(b) Chief Executive, Emergency Management Victoria
(c) Chief Fire Officer, Department of Environment, Land, Water and Planning
(d) Chief Officer, Country Fire Authority
(e) Chief Officer of the Metropolitan Fire and Emergency Services
(f) Chief Officer, Operations, Victoria State Emergency Service
(g) Emergency Management Commissioner
(h) Officer in charge of an agency having overall control of response activities in relation to a Class 2 emergency
(i) Secretary to the Department of Environment, Land, Water and Planning
(j) State Response Controller
4 Queensland (a) Chairperson, State Disaster Coordination Group
(b) Commander, State Disaster Coordination Centre
(c) Commissioner, Queensland Fire and Emergency Services
(d) Commissioner, Queensland Police Service
(e) Executive Officer, State Group
(f) State Disaster Coordinator
5 Western Australia (a) Commissioner of Police, Western Australia
(b) Director General, Department of Health
(c) Director General, Department of Parks and Wildlife
(d) Fire and Emergency Services Commissioner
(e) State Emergency Coordinator
6 South Australia (a) Chief Officer of SACFS
(b) Chief Officer of SAMFS
(c) Chief Officer of SASES
(d) Commissioner of Police, South Australia Police
(e) Deputy Commissioner of Police
(f) State Co-ordinator
7 Tasmania (a) Chief Officer, Tasmania Fire Service
(b) Deputy State Emergency Management Controller
(c) Director of Public Health
(d) Director of the State Emergency Service
(e) Regional Emergency Management Controller
(f) State Emergency Management Controller
(g) Commissioner of Police, Tasmania Police
8 Australian Capital Territory (a) Chief Police Officer
(b) Emergency Services Commissioner, ACT
9 Northern Territory (a) Director of the Northern Territory Emergency Service
(b) Regional Controller
(c) Territory Controller
Specification of emergency law
For the definition of emergency law in subsection 275D (1) of the Act, each law mentioned in the following table, for a State or Territory mentioned in the table, is specified.
Item
State or Territory
Law
1 New South Wales The definition of ‘emergency’ in section 4 of the State Emergency and Rescue Management Act 1989 (NSW) 2 Victoria The definition of ‘emergency’ in section 3 of the Emergency Management Act 2013 (Vic) 3 Queensland The definition of ‘disaster’ in section 13(1) of the Disaster Management Act 2003 (Qld); and the definition of 'emergency situation' in the Schedule to section 4 of the Public Safety Preservation Act 1986 (Qld) 4 Western Australia The definition of ‘emergency’ in section 3 of the Emergency Management Act 2005 (WA) 5 South Australia The definitions of ‘emergency’, ‘identified major incident’ and ‘major emergency’ in section 3 of the Emergency Management Act 2004 (SA) 6 Tasmania The definition of ‘emergency’ in section 3 of the Emergency Management Act 2006 (Tas) 7 Australian Capital Territory The definition of ‘emergency’ in the Dictionary of the Emergencies Act 2004 (ACT) 8 Northern Territory The definitions of ‘disaster’ and ‘emergency’ in section 8 of the Emergency Management Act 2013 (NT)
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislation kept under the Legislation Act 2003. See
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