Emergency Response Fund Commencement Proclamation 2019

Overview

The Emergency Response Fund Act 2019 was enacted to establish a fund for the purpose of providing financial assistance in response to emergencies and disasters within Australia. The Act was introduced to address the need for a dedicated fund to support immediate relief efforts and recovery initiatives following significant incidents such as natural disasters, terrorist attacks, or other emergencies. The Emergency Response Fund Act 2019 was proclaimed by the Honourable David Hurley AC DSC (Retd), the Governor-General of the Commonwealth of Australia, with the advice of the Federal Executive Council, and under the authority of the Act itself. The policy objective of the Act is to ensure that financial resources are readily available to assist in the management and recovery from emergencies, thereby supporting the resilience and well-being of affected communities.

Scope and Application

The Emergency Response Fund Act 2019 applies to the Commonwealth of Australia and its agencies, including entities established under Commonwealth legislation and the Australian Government, which may use the fund for specified emergency response purposes. This legislation establishes an Emergency Response Fund, which is designed to provide financial resources to address emergencies and disasters. The Act sets out the terms and conditions under which the fund can be accessed and used, ensuring that there is a structured and legal framework for the allocation and utilisation of these funds. The geographic reach of this Act is national, as it pertains to the Commonwealth and its operations across Australia. The Act does not explicitly state any exclusions or exemptions, but it does provide for the establishment of regulations and other subordinate instruments to further define and administer the fund, thus extending and clarifying the application of the Act.

Key Provisions

The Emergency Response Fund Commencement Proclamation 2019 (F2019N00089) specifies the commencement date of the Emergency Response Fund Act 2019. According to section 1 of the Proclamation, the entire Act commences on 12 December 2019. This means that all the provisions and requirements outlined in the Act come into effect on that date, enabling the establishment and operation of the Emergency Response Fund as intended. The Act imposes several obligations on the entities and individuals it governs. For instance, the Minister for Finance, in this case, Mathias Cormann, is tasked with overseeing the administration of the fund. Section 3 of the Act details the roles and responsibilities of the Minister, including the approval of fund expenditures and ensuring that the fund is used for the purposes intended under the Act. Additionally, section 4 mandates the Minister to report to Parliament on the use of the fund, ensuring transparency and accountability in its operations. Breaches of the Act can lead to various consequences. Under section 8, any person who contravenes a provision of the Act may be subject to penalties. While the specific penalties are not detailed in the Proclamation, the Act itself may outline maximum penalties for different types of breaches. For example, section 10 of the Act could specify fines or imprisonment for misuse of funds, highlighting the seriousness of non-compliance. Furthermore, civil or criminal liability may arise from actions that result in financial loss or harm, as detailed in sections 12 and 13 of the Act, respectively. These provisions ensure that there are deterrents against misuse and maladministration of the Emergency Response Fund.