Declaration of State of Emergency (Jervis Bay Territory) (No.9) 2021

Overview

The Declaration of State of Emergency (Jervis Bay Territory) (No.9) 2021 is an instrument issued under the Jervis Bay Territory Emergency Management Ordinance 2015. This piece of legislation was enacted to address significant and widespread threats to the safety and health of individuals within the Jervis Bay Territory. The enacting body responsible for this declaration is the Assistant Minister for Regional Development and Territories, NOLA MARINO, who acted in accordance with subsection 15(1) of the Ordinance. The primary policy objective of this declaration is to revoke all previous states of emergency and establish a new state of emergency in the Jervis Bay Territory for a period of 30 days, beginning from the date of the instrument. This legal action aims to ensure that appropriate measures are in place to protect the community during a period of heightened risk.

Scope and Application

The Declaration of State of Emergency (Jervis Bay Territory) (No. 9) 2021, made under the Jervis Bay Territory Emergency Management Ordinance 2015, applies to the Jervis Bay Territory and is intended to address an emergency situation that poses a significant and widespread threat to the safety or health of persons within this jurisdiction. The Act revokes all previous declarations of a state of emergency, thereby establishing a new state of emergency that spans the entire Jervis Bay Territory for a period of 30 days from the date of the declaration. This measure ensures that the relevant authorities have the necessary powers and flexibility to manage and mitigate the emergency effectively. The geographic reach of this Act is limited to the Jervis Bay Territory, making it a regional legislative instrument under the Commonwealth of Australia. The Act does not specify exclusions, exemptions, or thresholds, but it does extend its application through the subordinate instruments of the Jervis Bay Territory Emergency Management Ordinance 2015. These instruments may further detail the specific measures and authorities granted in response to the declared emergency.

Key Provisions

The Jervis Bay Territory Emergency Management Ordinance 2015 establishes provisions for emergency management within the Jervis Bay Territory. Section 15(1) of the Ordinance allows the Assistant Minister for Regional Development and Territories to declare a state of emergency when an emergency endangers or threatens to endanger the safety or health of persons in the Jervis Bay Territory to a significant and widespread extent. This specific declaration, made on 17 August 2021, revokes all previous declarations of a state of emergency and establishes a new state of emergency throughout the Jervis Bay Territory for a period of 30 days. Under this declaration, the Jervis Bay Territory Emergency Management Ordinance 2015 imposes certain obligations on all parties within the Territory. It mandates that any actions taken under the declaration must be in accordance with the provisions of the Ordinance and any other relevant laws. It requires the responsible authorities to take appropriate measures to address the emergency, including the implementation of necessary restrictions, controls, and measures to protect the health and safety of the public. The declaration also empowers the responsible authorities to make regulations and issue directions to facilitate the management of the emergency. Failure to comply with the requirements and provisions of the Jervis Bay Territory Emergency Management Ordinance 2015, or any regulations or directions issued under the declaration, may result in civil or criminal consequences. The Ordinance provides for various offences and penalties, including fines and imprisonment, for breaches of its provisions. The specific penalties for each offence are outlined in the Ordinance and may vary depending on the nature and severity of the breach. It is essential for all parties within the Jervis Bay Territory to adhere to the requirements of the declaration and the relevant laws to avoid any potential legal consequences. In summary, the Jervis Bay Territory Emergency Management Ordinance 2015, as declared by the Assistant Minister for Regional Development and Territories on 17 August 2021, establishes a state of emergency in the Jervis Bay Territory for a period of 30 days. It imposes obligations on all parties within the Territory to take necessary measures to address the emergency and comply with the provisions of the Ordinance and any relevant regulations or directions. Failure to comply with the requirements of the declaration may result in civil or criminal consequences, including fines and imprisonment, depending on the specific offence and its severity.