Declaration of State of Emergency (Jervis Bay Territory) (No.11) 2021

Overview

The Declaration of State of Emergency (Jervis Bay Territory) (No.11) 2021, enacted on 12 October 2021, is an instrument that revokes all previous declarations of a state of emergency under the Jervis Bay Territory Emergency Management Ordinance 2015. This legislative action was taken by NOLA MARINO, the Assistant Minister for Regional Development and Territories, due to an emergency situation that posed a significant and widespread threat to the safety or health of individuals in the Jervis Bay Territory. The primary aim of this legislation is to provide a legal framework for managing the emergency effectively over a designated period of 30 days. The declaration was made to address the pressing need for emergency measures in response to the specific circumstances threatening the wellbeing of the Jervis Bay Territory's residents.

Scope and Application

The Declaration of State of Emergency (Jervis Bay Territory) (No. 11) 2021 applies to the Jervis Bay Territory, and its provisions are intended to address a situation that endangers or threatens to endanger the safety or health of persons within that territory to a significant and widespread extent. This declaration is made under the Jervis Bay Territory Emergency Management Ordinance 2015, which empowers the Assistant Minister for Regional Development and Territories to declare a state of emergency. By this instrument, all previous declarations of a state of emergency are revoked, and a new declaration is made, effective for 30 days from the date of its issuance. This legislative action underscores the jurisdictional reach of the Jervis Bay Territory Emergency Management Ordinance 2015, which is limited to the Jervis Bay Territory, thereby distinguishing its application from broader state or federal legislation. The act serves to provide a legal framework for emergency management and response within the specified territory, allowing for necessary measures to protect public safety and health in the event of an emergency.

Key Provisions

The Declaration of State of Emergency (Jervis Bay Territory) (No. 11) 2021, made under the Jervis Bay Territory Emergency Management Ordinance 2015, establishes a state of emergency in the Jervis Bay Territory. This declaration (subsection 15(1)) is effective for a period of 30 days from the date and time of its issuance. The document revokes all previous declarations of a state of emergency made under the same subsection of the Ordinance. This means that any previously declared states of emergency in the territory are nullified, and the current declaration takes precedence as the official state of emergency until it expires or is further extended or revoked. The Jervis Bay Territory Emergency Management Ordinance 2015 imposes several obligations on parties and entities within the Jervis Bay Territory during the declared state of emergency. These obligations include adherence to directives issued by authorised officials, compliance with any restrictions or measures implemented to safeguard public health and safety, and cooperation with emergency management authorities. The Act empowers the Assistant Minister for Regional Development and Territories to issue regulations and directives necessary to manage the emergency effectively. These measures are intended to mitigate the risks posed by the emergency and ensure the safety and well-being of individuals within the territory. Failure to comply with the provisions of the Jervis Bay Territory Emergency Management Ordinance 2015 during a declared state of emergency can result in various consequences. The Act does not explicitly state specific offences or penalties within the declaration itself, but it is understood that breaches of emergency management regulations or directives can lead to legal action. The maximum penalties for such breaches depend on the nature of the offence and are governed by the general legal framework of the Jervis Bay Territory, which includes potential fines, imprisonment, or both. It is crucial for all parties within the Jervis Bay Territory to comply with the regulations and directives issued during this period to avoid any legal repercussions.