Declaration of State of Emergency (Jervis Bay Territory) (No. 8) 2020

Overview

The Declaration of State of Emergency (Jervis Bay Territory) (No. 8) 2020, enacted by NOLA MARINO, Assistant Minister for Regional Development and Territories, revokes all prior declarations of a state of emergency under the Jervis Bay Territory Emergency Management Ordinance 2015. This measure was introduced to address a situation where an emergency is endangering, or is threatening to endanger, the safety or health of persons in the Jervis Bay Territory to a significant and widespread extent. The enactment was carried out by the Jervis Bay Territory Administration, reflecting a legislative response to mitigate the immediate risks posed by the emergency. The policy objective of this declaration is to provide the necessary legal framework to effectively manage the emergency and protect public safety within the Territory.

Scope and Application

The Declaration of State of Emergency (Jervis Bay Territory) (No. 8) 2020, issued under the Jervis Bay Territory Emergency Management Ordinance 2015, applies to the entirety of the Jervis Bay Territory. This declaration is made in response to an emergency that threatens to endanger the safety or health of persons in the territory to a significant and widespread extent. The declaration revokes all previous declarations of a state of emergency, establishing a new state of emergency for a period of 30 days. The authority to declare such a state of emergency is vested in the Assistant Minister for Regional Development and Territories, who exercises this power in accordance with the provisions of the Ordinance. The scope of the declaration encompasses all persons and activities within the Jervis Bay Territory during the declared period, allowing for the implementation of emergency measures necessary to address the prevailing threat. The jurisdictional reach of this act is confined to the Jervis Bay Territory, with no mention of exclusions or exemptions within the text itself. However, the Ordinance may provide for further details on the application and extent of the emergency measures through subordinate instruments.

Key Provisions

The Jervis Bay Territory Emergency Management Ordinance 2015 outlines specific provisions in sections 15(1) and 15(2) concerning the declaration and management of a state of emergency within the Jervis Bay Territory. Section 15(1) allows the Assistant Minister for Regional Development and Territories to declare a state of emergency when there is an emergency that endangers, or threatens to endanger, the safety or health of persons in the Territory to a significant and widespread extent. Section 15(2) provides that such a declaration can be made for a period of up to 30 days unless extended by a subsequent declaration. This declaration, as evidenced in the instrument dated 31 August 2020, revokes all previous declarations and establishes a new state of emergency. The obligations imposed by this Act on the parties or entities it governs include adherence to the measures outlined in the Jervis Bay Territory Emergency Management Ordinance 2015. This includes compliance with any regulations, directives, or guidelines issued by the Assistant Minister for Regional Development and Territories during the state of emergency. Such measures may encompass public health directives, restrictions on movement, and other emergency management actions deemed necessary to safeguard the health and safety of the Territory's residents. The consequences for breach of the provisions outlined in the Jervis Bay Territory Emergency Management Ordinance 2015 are significant. Failure to comply with the emergency measures or directives may result in criminal penalties, including fines and imprisonment. For instance, Section 12 of the Ordinance stipulates penalties for non-compliance with emergency management measures, with specific maximum fines and imprisonment terms depending on the severity of the breach. Additionally, civil remedies may be pursued for any damages resulting from non-compliance, further emphasising the importance of adhering to the emergency management directives.