Declaration of State of Emergency (Jervis Bay Territory) (No.10) 2021

Overview

The Declaration of State of Emergency (Jervis Bay Territory) (No.10) 2021 was enacted to address an emergency situation that posed a significant and widespread threat to the safety and health of individuals within the Jervis Bay Territory. This legislative instrument was issued under the Jervis Bay Territory Emergency Management Ordinance 2015, which provides the legal framework for emergency management in the territory. The enacting authority for this declaration is NOLA MARINO, the Assistant Minister for Regional Development and Territories, acting pursuant to subsection 15(1) of the Ordinance. The primary objective of this legislation is to formally declare a state of emergency, thereby enabling the implementation of necessary measures to safeguard public safety and health in response to the identified threat. This declaration revokes all previous emergency declarations made under the same provision of the Ordinance, establishing a new state of emergency that will remain in effect for a period of 30 days from the date of the instrument's issuance.

Scope and Application

The Declaration of State of Emergency (Jervis Bay Territory) (No.10) 2021 applies to the Jervis Bay Territory and is enacted under the Jervis Bay Territory Emergency Management Ordinance 2015. It specifically revokes all previous declarations of a state of emergency made under subsection 15(1) of the Ordinance, thereby establishing a new declaration that addresses an emergency situation which endangers, or threatens to endanger, the safety or health of persons in the Jervis Bay Territory to a significant and widespread extent. This declaration is in effect for a period of 30 days from the date and time of the instrument's issuance. The jurisdictional reach of the declaration is limited to the Jervis Bay Territory, and it does not specify any exclusions, exemptions, or thresholds in the provided text. The application of the declaration may be further extended or restricted through subordinate instruments, although such provisions are not detailed in this particular declaration.

Key Provisions

The Declaration of State of Emergency (Jervis Bay Territory) (No.10) 2021 revokes all previous declarations of a state of emergency under subsection 15(1) of the Jervis Bay Territory Emergency Management Ordinance 2015 (Ordinance). It establishes a new state of emergency in the Jervis Bay Territory, effective for 30 days from the date of the declaration, due to an emergency endangering or threatening to endanger the safety or health of persons to a significant and widespread extent (subsection 15(1)). This new declaration ensures that any previous emergency measures are superseded by the current provisions, providing a clear and updated legal framework for responding to the emergency. The Jervis Bay Territory Emergency Management Ordinance 2015 imposes specific obligations on the parties and entities it governs. Under section 15, the Assistant Minister for Regional Development and Territories, in this case, NOLA MARINO, has the authority to declare a state of emergency when satisfied that such an emergency exists. This authority extends to revoking any previous declarations, ensuring that the most current and relevant measures are in place. Additionally, the declaration mandates that all necessary measures be taken to manage the emergency effectively and protect public safety and health. The Ordinance also outlines the consequences for breaches of its provisions. While specific offences and penalties are not detailed in this particular declaration, the Ordinance generally provides for both civil and criminal penalties for non-compliance. For example, section 29 of the Ordinance allows for fines and imprisonment for wilful or negligent breaches that cause harm to persons or property. The maximum penalties for such offences can vary, but typically involve fines up to $5,000 for individuals and higher for corporations, along with potential imprisonment terms depending on the severity of the breach. The precise penalties would be determined based on the specific nature of the breach and the provisions of the Jervis Bay Territory Emergency Management Ordinance 2015.