2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Police and Emergency Services)
Emergencies Amendment Bill 2005

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Authority functions
Section 9 (4) (j)	2
	5	New section 19A	3
	6	Section 54	3
	7	Section 59	3
	8	New section 59A	4
	9	Content of strategic bushfire management plan
Section 74 (3) (b)	4
	10	Public consultation for strategic bushfire management plan
Section 75 (1) (b)	4
	11	Assessment of resources and capabilities
Section 76 (1)	5
	12	Sections 78 and 79	5
	13	Fire permits
Section 118 (2), note	6
	14	Using fires and appliances for cooking etc in open air
Section 122 (4) (d)	6
	15	Section 154 heading	7
	16	Section 154, examples	7
	17	Emergency powers for declared state of emergency
Section 163 (4)	7
	18	Protection of officials from liability
Section 198 (2), (3) and (4)	7
	19	Schedule 2, items 3 and 4	8
	20	Dictionary, definition of bushfire operational plan	8
	21	Dictionary, definition of commissioner	9
	22	Dictionary, definition of emergency, examples	9
Schedule 1	Other amendments	10

2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Police and Emergency Services)
Emergencies Amendment Bill 2005

A Bill for
An Act to amend the Emergencies Act 2004, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Emergencies Amendment Act 2005.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Emergencies Act 2004.
Note	This Act also amends the following legislation (see sch 1):
·	Fuels Control Act 1979
·	Occupational Health and Safety Act 1989.
4	Authority functions
Section 9 (4) (j)
substitute
	(j)	establish an emergency coordination centre for the ACT; and
	(k)	participate in strategic and operational planning for emergencies.
Examples of strategic and operational planning for emergencies
1	strategic planning for recovery from a natural disaster 
2	operational planning for response to a fuel shortage emergency
5	New section 19A
insert
19A	Delegation by commissioner
The commissioner may delegate the commissioner’s functions under this Act or another territory law to a public servant or a member of an emergency service.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
6	Section 54
substitute
54	Rural fire brigades
	(1)	The chief officer (rural fire service) may establish rural fire brigades for the rural fire service.
	(2)	The chief officer (rural fire service) must, after consulting with the bushfire council, determine the number of rural fire brigades for the rural fire service.
	(3)	The chief officer (rural fire service) may also determine names for the brigades.
	(4)	A determination under this section is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
7	Section 59
substitute
59	SES operational units
	(1)	The chief officer (SES) may establish operational units for the SES.
	(2)	The chief officer (SES) must determine the number of operational units for the SES.
	(3)	The chief officer (SES) may also determine names for the operational units.
	(4)	A determination under this section is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
8	New section 59A
in part 4.4, insert
59A	Ranks for SES members
The chief officer (SES) may give members of the SES various ranks in accordance with the standards and protocols for the SES.
9	Content of strategic bushfire management plan
Section 74 (3) (b)
substitute
	(b)	requirements for a bushfire operational plan.
Examples
1	prevention activities
2	preparedness activities
3	performance indicators for activities
10	Public consultation for strategic bushfire management plan
Section 75 (1) (b)
substitute
	(b)	inviting interested people to give written comments about the draft plan to the authority at a stated address during a stated period ending at least 15 business days after the end of the period mentioned in paragraph (a).
11	Assessment of resources and capabilities
Section 76 (1)
substitute
	(1)	After the Minister makes the strategic bushfire management plan, the authority must conduct an assessment, based on the plan, of available resources and capabilities for bushfire prevention and preparedness.
12	Sections 78 and 79
substitute
78	Bushfire operational plans
	(1)	This section applies to a person who is—
	(a)	the manager of an area of unleased territory land or land occupied by the Territory, unless the land is exempt from the operation of this section under the strategic bushfire management plan; and
	(b)	the owner of an area of land in a bushfire abatement zone if—
	(i)	the strategic bushfire management plan sets out requirements for a bushfire operational plan for the bushfire abatement zone; and
	(ii)	the land is identified in the strategic bushfire management plan as land for which a bushfire operational plan must be prepared; and
	(iii)	there is no land management agreement applying to the land that is consistent with the strategic bushfire management plan.
	(2)	The person must give the authority a draft bushfire operational plan for the area in accordance with the strategic bushfire management plan.
	(3)	The authority may—
	(a)	approve the draft bushfire operational plan for the area; or
	(b)	approve the draft plan for the area with stated amendments; or
	(c)	decide not to approve the draft plan.
	(4)	The authority is taken to have approved a draft bushfire operational plan without amendments if the authority does not make a decision about the approval within 40 working days after the day the plan is given to the authority.
	(5)	The person must review the bushfire operational plan and give the authority a draft updated bushfire operational plan at intervals of not longer than 2 years.
13	Fire permits
Section 118 (2), note
substitute
Note 1	If a form is approved under s 200 for this provision, the form must be used.
Note 2	A fee may be determined under s 201 for this provision.
14	Using fires and appliances for cooking etc in open air
Section 122 (4) (d)
substitute
	(d)	an adequate means of putting out the fire is available for use.
Examples
·	a fire extinguisher
·	a fire blanket
·	a continuous stream of water
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
15	Section 154 heading
substitute
154	Minister to give reports to community during state of alert
16	Section 154, examples
substitute
1	community vulnerability to the effects of the emergency that is likely to happen
2	preparation for the emergency that is likely to happen
17	Emergency powers for declared state of emergency
Section 163 (4)
omit
subsection (1)
substitute
subsection (2)
18	Protection of officials from liability
Section 198 (2), (3) and (4)
substitute
	(2)	An official is not personally liable for anything done or omitted to be done honestly and without recklessness—
	(a)	in the exercise of a function under this Act; or
	(b)	in the reasonable belief that the conduct was in the exercise of a function under this Act.
	(3)	Any liability that would, apart from this section, attach to an official attaches instead to the Territory.
	(4)	For subsection (1) (e), and without limiting it, a person is taken to be exercising a function under this Act if the person is—
	(a)	a member of an interstate or overseas emergency service to which section 64 (Interstate and overseas emergency services) applies; or
	(b)	engaged in an activity under a cooperative arrangement; or
	(c)	a casual volunteer taking part in an activity under section 26 (Casual volunteers); or
	(d)	giving assistance to a member of an emergency service under section 34 (1) (m) (General powers of chief officers).
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
19	Schedule 2, items 3 and 4
substitute
3	deciding not to approve a draft bushfire operational plan for an area of land under section 78 (3)	the owner or manager of the land	
4	approving a draft bushfire operational plan for an area of land with amendments under section 78 (3)	the owner or manager of the land	
20	Dictionary, definition of bushfire operational plan
substitute
bushfire operational plan means a bushfire operational plan approved under section 78.
21	Dictionary, definition of commissioner
substitute
commissioner means the ACT Emergency Services Commissioner. 
22	Dictionary, definition of emergency, examples
substitute
Examples of events
1	fire, flood, storm or earthquake
2	accident or explosion 
3	epidemic or animal disease
4	shortage of electricity, gas, fuel or water

Schedule 1	Other amendments
(see s 3)
Part 1.1	Fuels Control Act 1979
[1.1]	Section 12 heading
substitute
12	Powers of emergency services authority during emergency
[1.2]	Section 12
omit
controller
substitute
emergency services authority
[1.3]	New section 12A
insert
12A	Controller to give information to authority
	(1)	This section applies if a declaration under section 11 (1) is in force.
	(2)	The controller must give the emergency services authority any information required by the authority about the storage, supply or use of declared fuel.
[1.4]	Section 16 (2)
substitute
	(2)	This section does not apply in relation to the fuel if a requirement has been made of the person under section 12 in relation to the fuel.
[1.5]	Section 17 (c)
omit
controller or an inspector
substitute
controller, the emergency services authority or an inspector
Part 1.2	Occupational Health and Safety Act 1989
[1.6]	Dictionary, definition of associated law, paragraph (a)
omit
[1.7]	Dictionary, definition of associated law, paragraphs (b) to (g)
renumber as paragraphs (a) to (f)

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2005.
2	Notification
	Notified under the Legislation Act on	2005.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2005