Declaration of State of Emergency (Jervis Bay Territory) (No.13) 2021

Overview

The Declaration of State of Emergency (Jervis Bay Territory) (No.13) 2021, enacted by the Jervis Bay Territory Emergency Management Ordinance 2015, addresses a significant and widespread threat to the safety or health of individuals within the Jervis Bay Territory. This legislative instrument was issued by NOLA MARINO, the Assistant Minister for Regional Development and Territories, in response to an emergency situation that necessitated immediate action. The primary objective, as stated in the text, is to revoke all previous declarations of a state of emergency and establish a new state of emergency for a duration of 30 days, effective from the date and time of the instrument's issuance. This action is intended to ensure that appropriate measures can be implemented swiftly to safeguard the community. The Jervis Bay Territory Emergency Management Ordinance 2015, administered by the Parliament of Australia, was designed to provide a legal framework for managing emergencies within the Jervis Bay Territory. By declaring a state of emergency, the Assistant Minister ensures that necessary resources and powers are mobilised to effectively address and mitigate the emergency situation, thus protecting public health and safety.

Scope and Application

The Declaration of State of Emergency (Jervis Bay Territory) (No.13) 2021 applies to the Jervis Bay Territory and revokes all previous declarations of a state of emergency made under the Jervis Bay Territory Emergency Management Ordinance 2015. This declaration is made under the authority granted by subsection 15(1) of the Ordinance, which empowers the Assistant Minister for Regional Development and Territories to issue such a declaration when an emergency endangers, or threatens to endanger, the safety or health of persons in the Territory to a significant and widespread extent. The declared state of emergency is in effect for the whole of the Jervis Bay Territory for a period of 30 days, beginning from the date and time of the instrument. The application of this Act is specifically limited to the Jervis Bay Territory, and the emergency measures it outlines will be enforced within this geographical area. The Ordinance allows for the extension or restriction of the application of this declaration through subordinate instruments, which could be issued to further define the scope of the emergency measures and the duration of the state of emergency.

Key Provisions

The Declaration of State of Emergency (Jervis Bay Territory) (No.13) 2021 revokes all previous declarations of a state of emergency made under subsection 15(1) of the Jervis Bay Territory Emergency Management Ordinance 2015 (Ordinance). This means that any prior emergency declarations have been nullified to allow for a new, comprehensive declaration. This new declaration, which takes effect immediately from the date and time of the instrument's creation, establishes a state of emergency across the entire Jervis Bay Territory for a period of 30 days. The key sections involved here are subsection 15(1) of the Ordinance, which empowers the declaration of a state of emergency. Under this declaration, the Jervis Bay Territory Emergency Management Ordinance 2015 imposes specific obligations on the parties and entities it governs. These include the need for the Jervis Bay Authority to implement emergency measures to protect public safety and health, as well as to coordinate with relevant agencies and stakeholders to manage the emergency effectively. Local authorities, businesses, and residents are also required to comply with any directives or instructions issued by the Jervis Bay Authority during the declared state of emergency. This ensures a coordinated and unified response to the emergency situation. The Ordinance further specifies various offences and penalties for breaches of its provisions. Any person who wilfully or recklessly disregards the directives or instructions issued under the emergency declaration may be subject to enforcement actions. Such actions could include fines, imprisonment, or both. The exact penalties depend on the severity of the breach and are determined in accordance with the laws applicable within the Jervis Bay Territory. The Ordinance may also empower the Jervis Bay Authority to take additional measures, such as issuing infringement notices, to enforce compliance with the emergency measures. Civil and criminal consequences for non-compliance with the emergency measures can be significant. For instance, an individual who fails to adhere to an evacuation order may face criminal charges, which could result in imprisonment for up to six months or a fine of up to $10,000, or both. Similarly, businesses that do not comply with safety directives may face closure orders or fines, with penalties potentially escalating for repeat offences or severe breaches. The maximum penalties are clearly defined within the Ordinance to ensure that the consequences of non-compliance are both understood and enforced effectively.