Declaration of State of Emergency (Jervis Bay Territory) (No. 6) 2020

Overview

The Declaration of State of Emergency (Jervis Bay Territory) (No. 6) 2020 was enacted on 9 July 2020 to address an emergency situation that posed a significant threat to the safety and health of individuals in the Jervis Bay Territory. This declaration was made by NOLA MARINO, the Assistant Minister for Regional Development and Territories, under the Jervis Bay Territory Emergency Management Ordinance 2015. The primary policy objective of this enactment is to revoke all previous declarations of a state of emergency and to officially declare a new state of emergency in the whole of the Jervis Bay Territory for a period of thirty days, starting from the date and time of the instrument's creation. The Jervis Bay Territory Emergency Management Ordinance 2015 provides the legal framework for such actions, allowing for the effective management and response to emergencies within the territory.

Scope and Application

The Declaration of State of Emergency (Jervis Bay Territory) (No. 6) 2020 applies to the Jervis Bay Territory, and it is made under the Jervis Bay Territory Emergency Management Ordinance 2015. The primary purpose of this legislation is to address a situation that endangers or threatens to endanger the safety or health of persons in the Jervis Bay Territory to a significant and widespread extent. The declaration revokes all previous declarations of a state of emergency made under the same subsection of the Ordinance and establishes a new state of emergency for a period of 30 days starting from the date and time of this instrument. This declaration is applicable to all persons and entities within the Jervis Bay Territory, and it aims to provide the necessary framework for emergency management actions. The geographic and jurisdictional reach of this legislation is confined to the Jervis Bay Territory, which is a self-governing territory of Australia, distinct from the Australian Capital Territory. The application of this Act is subject to any subordinate instruments that may further define or modify its scope and application.

Key Provisions

The Declaration of State of Emergency (Jervis Bay Territory) (No. 6) 2020, issued under the Jervis Bay Territory Emergency Management Ordinance 2015, declares a state of emergency for the entire Jervis Bay Territory. This declaration, which revokes all previous emergency declarations made under the same ordinance, is effective for a period of 30 days starting from the date of issuance, 9 July 2020 at 3:43 pm. This new declaration is based on the Assistant Minister for Regional Development and Territories' determination that an emergency is endangering, or is likely to endanger, the safety or health of persons in the Territory to a significant and widespread extent (subsection 15(1)). The Jervis Bay Territory Emergency Management Ordinance 2015 imposes certain obligations and requirements on parties and entities within the Territory during the declared state of emergency. These include measures to ensure public safety and health, which may involve the suspension or modification of certain activities and services, as well as the coordination of emergency response efforts by relevant authorities. The declaration aims to provide the necessary legal framework for the swift and effective management of the emergency situation, ensuring that all necessary steps are taken to protect the population. Breaching the provisions of the Jervis Bay Territory Emergency Management Ordinance 2015 during a declared state of emergency can result in various consequences. The Ordinance includes provisions for both criminal and civil penalties for those who fail to comply with the emergency measures or who otherwise act in a manner that exacerbates the emergency situation. The specific penalties depend on the nature and severity of the breach but may include fines and imprisonment for criminal offences, as well as potential civil liabilities for damages caused by non-compliance. The maximum penalties are not explicitly stated in the declaration but are outlined in the relevant sections of the Ordinance. The Jervis Bay Territory Emergency Management Ordinance 2015 also includes provisions for the enforcement of its provisions during a declared state of emergency. These provisions empower authorised officers to take necessary actions to ensure compliance with the emergency measures, including the power to issue directions, impose fines, and, in serious cases, arrest individuals who are in breach of the emergency provisions. The declaration of a state of emergency under the Ordinance thus serves to bolster the legal authority of relevant officials and agencies in their efforts to manage and mitigate the emergency situation effectively.