Declaration of State of Emergency (Jervis Bay Territory) (No. 12) 2020

Overview

The Declaration of State of Emergency (Jervis Bay Territory) (No. 12) 2020 was enacted to address an emergency situation that significantly and widely endangers the safety or health of persons in the Jervis Bay Territory. This declaration was made by NOLA MARINO, Assistant Minister for Regional Development and Territories, under the authority granted by subsection 15(1) of the Jervis Bay Territory Emergency Management Ordinance 2015. This legislation aims to provide the necessary legal framework to manage and respond effectively to the emergency, superseding all previous declarations of a state of emergency and establishing a period of 30 days during which emergency measures can be implemented to safeguard the community. The Jervis Bay Territory Emergency Management Ordinance 2015 serves as the foundational act, ensuring that the Jervis Bay Territory can respond promptly and efficiently to emergencies that threaten public safety and health.

Scope and Application

The Declaration of State of Emergency (Jervis Bay Territory) (No. 12) 2020, pursuant to the Jervis Bay Territory Emergency Management Ordinance 2015, applies to the Jervis Bay Territory and affects all persons and entities within its jurisdiction during the declared period of emergency. This legislative instrument is enacted in response to a situation deemed to pose a significant and widespread threat to the safety or health of individuals in the territory. The declaration revokes all prior states of emergency under the Ordinance, establishing a new state of emergency for a fixed duration of 30 days from the date of the instrument. This declaration serves to empower relevant authorities to implement necessary measures to manage the emergency effectively and protect public safety within the Jervis Bay Territory. The scope of this Act is confined to the Jervis Bay Territory, thereby excluding other regions and territories within Australia. No specific exclusions, exemptions, or thresholds are outlined in the declaration itself, though the Ordinance may provide further detail on applicable measures and conditions during such emergencies. The Act's application may be further extended or restricted through subordinate instruments issued under the authority of the Jervis Bay Territory Emergency Management Ordinance 2015.

Key Provisions

The Jervis Bay Territory Emergency Management Ordinance 2015 (Ordinance) empowers the Assistant Minister for Regional Development and Territories to declare a state of emergency when there is a significant threat to the safety or health of individuals within the Jervis Bay Territory. Section 15(1) of the Ordinance specifically allows for such a declaration when an emergency endangers or threatens to endanger the safety or health of persons to a significant and widespread extent. In this case, the Assistant Minister, NOLA MARINO, has utilised this authority to revoke all previous declarations of a state of emergency and has declared a new state of emergency for the whole of the Jervis Bay Territory for a period of 30 days, beginning from the date and time of the instrument's issuance, which is 22 December 2020 at 11:20 am. The declaration of a state of emergency under the Ordinance imposes specific obligations on the parties and entities within the Jervis Bay Territory. It mandates the activation of emergency protocols and procedures to ensure public safety and mitigate the impact of the emergency. This includes the coordination of emergency services, the enforcement of emergency regulations, and the provision of necessary resources and support to affected individuals and communities. The declaration also empowers the Assistant Minister to issue directives and orders that are necessary to manage the emergency effectively. Failure to comply with the provisions of the Ordinance, including any directives issued under the declared state of emergency, can result in serious consequences. While the specific offences, penalties, and consequences are not detailed in this declaration, the Ordinance itself contains provisions that outline the legal ramifications of non-compliance. Generally, breaches of the Ordinance can lead to both civil and criminal liabilities, including fines and imprisonment, depending on the severity of the offence. The maximum penalties are specified in the relevant sections of the Ordinance, which should be consulted for precise details regarding the enforcement mechanisms and potential sanctions for non-compliance. In summary, the Jervis Bay Territory Emergency Management Ordinance 2015 enables the Assistant Minister to declare a state of emergency in response to significant threats to public safety and health. This declaration imposes specific obligations on all relevant parties to implement emergency measures and comply with directives. Non-compliance with the Ordinance can lead to serious civil and criminal penalties, as stipulated in the relevant sections of the Act.