Declaration of State of Emergency (Jervis Bay Territory) (No. 6) 2021

Overview

The Declaration of State of Emergency (Jervis Bay Territory) (No. 6) 2021 was enacted on 2 June 2021 by the Assistant Minister for Regional Development and Territories, NOLA MARINO, under the Jervis Bay Territory Emergency Management Ordinance 2015. This declaration was made to address an emergency situation that was endangering, or threatening to endanger, the safety or health of persons in the Jervis Bay Territory to a significant and widespread extent. The purpose of this legislation is to revoke all previous declarations of a state of emergency made under the same provisions of the Ordinance and to establish a new state of emergency that will last for a period of 30 days, commencing from the date and time the declaration was made. The policy objective is to ensure appropriate measures can be implemented to manage the emergency effectively and safeguard the wellbeing of the territory's residents.

Scope and Application

The Declaration of State of Emergency (Jervis Bay Territory) (No. 6) 2021 applies specifically to the Jervis Bay Territory, a small territory within Australia, under the Jervis Bay Territory Emergency Management Ordinance 2015. This legislative instrument was issued by NOLA MARINO, the Assistant Minister for Regional Development and Territories, in response to an emergency situation that threatens the safety and health of individuals in the Jervis Bay Territory. This declaration revokes all prior declarations of a state of emergency and establishes a new state of emergency for a fixed period of 30 days from the date of issuance, which is 2 June 2021. The intent of the declaration is to mobilise resources and authorities to address the emergency effectively within the specified geographic jurisdiction. The application of this declaration is confined to the Jervis Bay Territory, indicating a localised response to the emergency, while the duration is explicitly set to ensure timely and appropriate action.

Key Provisions

The main operative sections of the Declaration of State of Emergency (Jervis Bay Territory) (No. 6) 2021, issued under the Jervis Bay Territory Emergency Management Ordinance 2015, involve revoking all previous declarations of a state of emergency (subsection 15(1)) and declaring a new state of emergency (subsection 15(1)). This new declaration is made because an emergency is endangering, or threatening to endanger, the safety or health of persons in the Jervis Bay Territory to a significant and widespread extent. The state of emergency declared is effective for a period of 30 days, beginning from the date and time of the instrument's issuance. 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 compliance with measures and directives issued by authorised officers to manage the emergency effectively. The Act provides for the implementation of emergency management plans, which may involve restrictions on movement, public gatherings, and other activities deemed necessary to safeguard public health and safety. Additionally, it mandates the cooperation of residents, businesses, and other stakeholders with emergency management authorities to facilitate the efficient and orderly response to the emergency. Under this Act, breaches of the declared state of emergency measures can result in significant legal consequences. Offences may include non-compliance with directives issued by authorised officers or obstructing the execution of emergency management duties. The penalties for these offences can be severe and may include fines and imprisonment, depending on the nature and severity of the breach. The maximum penalties for offences under the Ordinance are not explicitly stated in the text but typically align with the severity of the violation and jurisdictional guidelines, ensuring that violations are met with appropriate deterrent measures to uphold public safety during emergencies.