Declaration of State of Emergency (Jervis Bay Territory) (No. 2) 2021

Overview

The Declaration of State of Emergency (Jervis Bay Territory) (No. 2) 2021 was enacted to address an emergency situation that posed a significant and widespread threat to the safety or health of persons within the Jervis Bay Territory. This declaration was made under subsection 15(1) of the Jervis Bay Territory Emergency Management Ordinance 2015 by NOLA MARINO, the Assistant Minister for Regional Development and Territories. The primary objective of this legislation was to revoke all previous declarations of a state of emergency and to establish a new state of emergency across the entire Jervis Bay Territory for a period of 30 days, beginning from the date and time of the declaration, in order to effectively manage and respond to the immediate threat. This action was taken to ensure the safety and health of the residents and visitors in the Jervis Bay Territory.

Scope and Application

The Declaration of State of Emergency (Jervis Bay Territory) (No. 2) 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 Act declares that a state of emergency exists in the whole of the Jervis Bay Territory for a period of 30 days, commencing from the date and time of the instrument. The purpose of this declaration is to address an emergency that endangers, or threatens to endanger, the safety or health of persons in the Jervis Bay Territory to a significant and widespread extent. The Ordinance provides the framework within which this declaration is made, and any further application or restrictions of this Act may be detailed in subordinate instruments authorised under the Ordinance. This Act applies to all persons, entities, and conduct within the Jervis Bay Territory, ensuring that the measures taken are comprehensive in addressing the emergency at hand.

Key Provisions

The key operative sections of the Declaration of State of Emergency (Jervis Bay Territory) (No. 2) 2021 revolve around the formal declaration and the revocation of previous declarations. Under section 15(1) of the Jervis Bay Territory Emergency Management Ordinance 2015, the Assistant Minister for Regional Development and Territories, NOLA MARINO, has the authority to declare a state of emergency when it is deemed necessary to protect public safety or health due to a significant and widespread threat. This particular declaration revokes all prior emergency declarations made under the same provision of the Ordinance (section 15(1)), and establishes a new state of emergency that will be in effect for the entire Jervis Bay Territory for a period of 30 days from the date of the declaration. The obligations and requirements imposed by this Act are primarily administrative and procedural. The Assistant Minister must be satisfied that an emergency exists that threatens the safety or health of persons to a significant and widespread extent. Upon satisfying this criterion, the Minister must formally declare the state of emergency and revoke any previous declarations. The Act mandates a clear and definitive period for the state of emergency, which in this case is set at 30 days from the date of the declaration. This timeframe allows for a focused and temporary application of emergency measures while ensuring that the situation is regularly reviewed and updated as needed. Under the Jervis Bay Territory Emergency Management Ordinance 2015, there are potential offences and penalties for breaches of the emergency management provisions. While the specific offences and penalties are detailed in the Ordinance itself, the general consequence of non-compliance with emergency declarations or revocations could include criminal charges, fines, or other penalties as prescribed by the law. The maximum penalties would be aligned with the severity of the breach and would be determined in accordance with the provisions of the Jervis Bay Territory Emergency Management Ordinance 2015. This ensures that there are clear disincentives against any actions that could undermine the declared emergency measures and threaten public safety. In summary, the Declaration of State of Emergency (Jervis Bay Territory) (No. 2) 2021 sets forth the necessary conditions for declaring and managing a state of emergency within the Jervis Bay Territory, ensuring that appropriate measures are in place to protect public safety and health. The obligations outlined in the Act require the Assistant Minister to formally declare and manage the state of emergency, while the potential consequences for non-compliance serve as a deterrent against any actions that could jeopardise these critical protective measures.