Australian Capital Territory
Emergencies Amendment Act 2010
A2010-17
    
Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Objects of Act
Section 3 (b)	2
	5	Commissioner’s functions
New section 8 (4) (ga)	3
	6	Part 7.1 heading	3
	7	Section 141	3
	8	Section 142 heading	3
	9	Section 142 (1)	4
	10	New section 142 (1) (aa)	4
	11	Section 142 (2)	4
	12	Section 142 (3)	4
	13	Section 143 heading	4
	14	Section 143	5
	15	Section 143 (3) (b)	5
	16	Section 143 (3) (c)	5
	17	Sections 144 to 146	5
	18	Emergency plan
Section 147 (1)	5
	19	Section 147 (4) and (5)	6
	20	Community and information plan
Section 149 (1)	6
	21	Division 7.3.1 heading	6
	22	Section 150 heading	6
	23	Section 150	6
	24	New division 7.3.1A	7
	25	New division 7.3.1B heading	10
	26	Sections 159 and 160	10
	27	New division 7.3.1C heading	11
	28	Section 161 heading	11
	29	Section 161 (1) to (4)	11
	30	Section 162	11
	31	Section 163 heading	12
	32	Section 163	12
	33	Section 163 (as amended)	12
	34	Failure to comply with direction given under emergency powers
Section 164 (1)	12
	35	Section 165	13
	36	Section 166 heading	13
	37	Section 166	13
	38	Section 167	13
	39	Power to remove person obstructing response operations etc
Section 168 (1)	14
	40	Section 169 heading	14
	41	Section 169 (1)	14
	42	Section 169 (3)	14
	43	Recovery of compensation in court
Section 172	15
	44	Section 173	15
	45	Sections 177 to 179	15
	46	Authorised person’s power to require name and address
Section 196	15
	47	Compensation for exercise of functions etc
Section 199 (1) and note	16
	48	New section 203	16
	49	Dictionary, new definition of emergency controller	16
	50	Dictionary, definition of emergency management, paragraph (a)	17
	51	Dictionary, definition of emergency management committee	17
	52	Dictionary, new definition of SEMSOG	17
	53	Dictionary, definition of territory controller	17
Schedule 1	Consequential amendments	18
Part 1.1	Territory Records Regulation 2009	18
Part 1.2	Utilities (Electricity Restrictions) Regulation 2004	19
Part 1.3	Utilities (Gas Restrictions) Regulation 2005	20

Australian Capital Territory
Emergencies Amendment Act 2010
A2010-17

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 2010.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Legislation amended
This Act amends the Emergencies Act 2004.
Note	This Act also amends the following legislation (see sch 1):
·	Territory Records Regulation 2009
·	Utilities (Electricity Restrictions) Regulation 2004
·	Utilities (Gas Restrictions) Regulation 2005.
4	Objects of Act
Section 3 (b)
substitute
	(b)	to provide for effective emergency management that—
	(i)	has regard to the need to prepare for, prevent, respond to and recover from emergencies; and
	(ii)	takes an all-hazards approach to emergency management; and
5	Commissioner’s functions
New section 8 (4) (ga)
insert
	(ga)	emphasise the importance of communicating information, advice and warnings to the community during an emergency; and
6	Part 7.1 heading
substitute
Part 7.1	Security and Emergency Management Senior Officials Group
7	Section 141
substitute
141	Security and Emergency Management Senior Officials Group
The Security and Emergency Management Senior Officials Group (SEMSOG) is established.
8	Section 142 heading
substitute
142	Constitution of SEMSOG
9	Section 142 (1)
omit
emergency management committee
substitute
SEMSOG
10	New section 142 (1) (aa)
before paragraph (a), insert
	(aa)	the chief executive; and
11	Section 142 (2)
omit
committee members
substitute
members of the SEMSOG
12	Section 142 (3)
substitute
	(3)	The chief executive is the chair of the SEMSOG.
13	Section 143 heading
substitute
143	Functions of SEMSOG
14	Section 143
omit
emergency management committee
substitute
SEMSOG
15	Section 143 (3) (b)
substitute
	(b)	to support the commissioner in emergency management, including the preparation of the emergency plan or any part of the plan;
16	Section 143 (3) (c)
omit
17	Sections 144 to 146
omit
18	Emergency plan
Section 147 (1)
omit
emergency management committee
substitute
the commissioner
19	Section 147 (4) and (5)
omit
emergency management committee
substitute
the commissioner
20	Community and information plan
Section 149 (1)
omit
during a declared state of alert or state of emergency
substitute
during an emergency
21	Division 7.3.1 heading
substitute
Division 7.3.1	Application—pt 7.3
22	Section 150 heading
substitute
150	Application—pt 7.3
23	Section 150
omit
division
substitute
part
24	New division 7.3.1A
after section 150, insert
Division 7.3.1A	Emergency controller––no declared state of emergency
150A	Appointment of emergency controller––no declared state of emergency
	(1)	This section applies if the Chief Minister is satisfied that––
	(a)	an emergency has happened, is happening or is likely to happen; but
	(b)	it is not necessary to declare a state of emergency.
	(2)	The Chief Minister may appoint a person to be the emergency controller for the emergency.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
	(3)	The Chief Minister must review the appointment of the emergency controller not later than 48 hours after the appointment was made.
	(4)	Unless sooner revoked, the appointment ends––
	(a)	7 days after the day the appointment was made; or
	(b)	if a state of emergency is declared.
	(5)	The Chief Minister may be satisfied that an emergency is likely to happen if the Chief Minister is satisfied that an event that has happened or is happening, or a circumstance that exists, gives rise to the likelihood of an emergency.
150B	Functions of emergency controller—no declared state of emergency
	(1)	An emergency controller appointed under section 150A for an emergency has the following functions in relation to the emergency:
	(a)	to manage the response to, and the recovery from, the emergency by ensuring that entities dealing with the emergency are appropriately deployed;
	(b)	to coordinate the disposition of other resources to manage the emergency;
	(c)	to advise the Minister and the Chief Minister about the emergency;
	(d)	to advise the community on anything relating to the emergency that the emergency controller considers appropriate;
	(e)	any other function given to the emergency controller under this Act or another territory law.
	(2)	However, the Chief Minister may direct, in writing—
	(a)	that the emergency controller is not to have a function (or part of a function) mentioned in subsection (1); or
	(b)	that the emergency controller has another stated function.
Note	A direction may be included in the instrument of appointment (see Legislation Act, s 49).
	(3)	As far as practicable, the emergency controller must exercise the emergency controller’s functions in accordance with the emergency plan.
150C	Emergency powers—no declared state of emergency
	(1)	This section applies if an emergency controller is appointed under section 150A for an emergency.
	(2)	For the management of the emergency, the emergency controller may––
	(a)	direct the movement of people, animals or vehicles within, into or around the area to which the emergency applies (the emergency area); and
	(b)	give directions regulating or prohibiting the movement of people, animals or vehicles within, into or around the emergency area; and
	(c)	direct, in writing, the owner of property in or near the emergency area to place the property under the control, or at the disposal, of an emergency controller; and
	(d)	take possession of any premises, animal substance or thing in or near the emergency area; and
	(e)	excavate land, form tunnels or construct earthworks, barriers or temporary structures in or near the emergency area; and
	(f)	control, use, close off or block a drainage facility in or near the emergency area; and
	(g)	maintain, restore or prevent disruption of essential services; and
	(h)	do anything else that the chief officer of an emergency service may do under section 34 (General powers of chief officers).
Note	A chief officer has a number of general powers including to enter land, shut off a power or water supply, demolish or destroy a structure or remove or destroy an animal. 
	(3)	Subsection (1) operates despite any other territory law.
	(4)	However, the Chief Minister may direct, in writing—
	(a)	that the emergency controller is not to have a power (or part of a power) mentioned in subsection (1); or
	(b)	that the emergency controller has another stated power.
Note	A direction may be included in the instrument of appointment (see Legislation Act, s 49).
	(5)	The emergency controller may delegate a function mentioned in subsection (1) to the head of an entity. 
	(6)	A person who is delegated a function under subsection (5) may delegate the function to another member, officer, employee or contractor of the entity. 
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
	(7)	In this section:
owner, of property, includes an occupier or someone apparently in charge of the property.
25	New division 7.3.1B heading
before section 151, insert
Division 7.3.1B	Declared emergencies
26	Sections 159 and 160
omit
territory controller
substitute
emergency controller
27	New division 7.3.1C heading
before section 161, insert
Division 7.3.1C	General provisions applying if emergency controller appointed
28	Section 161 heading
substitute
161	Management executive for emergency
29	Section 161 (1) to (4)
substitute
	(1)	As soon as possible after an emergency controller is appointed, the emergency controller must establish a management executive for the emergency.
	(2)	The management executive consists of people nominated by the emergency controller and may include members of the SEMSOG.
	(3)	The management executive must provide support to the emergency controller in the exercise of the emergency controller’s functions.
	(4)	The emergency controller is not required to consult with the management executive before exercising a function.
30	Section 162
substitute
162	Management of emergency
	(1)	For the management of an emergency for which an emergency controller is appointed, the emergency controller may direct the commissioner or the head of an entity to undertake response or recovery operations.
	(2)	The emergency controller may not direct the person to undertake an operation in a particular way.
31	Section 163 heading
substitute
163	Emergency powers—declared state of emergency
32	Section 163
omit
territory controller
substitute
emergency controller
33	Section 163 (as amended)
relocate to division 7.3.1B as section 160A
34	Failure to comply with direction given under emergency powers
Section 164 (1)
omit
section 163 (2) (a), (b) or (c)
substitute
section 150C (2) (a), (b) or (c) or section 160A (2) (a), (b) or (c)
35	Section 165
substitute
165	Chief Minister’s directions to emergency controller
	(1)	The Chief Minister may give an emergency controller written directions about the exercise of the controller’s functions.
	(2)	The emergency controller must give effect to a direction.
36	Section 166 heading
substitute
166	Emergency controller to give information about controller’s operations
37	Section 166
omit
The territory controller
substitute
An emergency controller
38	Section 167
substitute
167	Deployment of resources outside ACT in emergency
During an emergency for which an emergency controller is appointed, a person must not deploy Territory resources outside the ACT, in relation to an emergency outside the ACT, without the approval of the emergency controller.
39	Power to remove person obstructing response operations etc
Section 168 (1)
substitute
	(1)	If an emergency controller believes, on reasonable grounds, that a person is obstructing, or threatening to obstruct, response or recovery operations in an emergency, the controller may remove the person to another place.
40	Section 169 heading
substitute
169	Compensation––emergencies
41	Section 169 (1)
substitute
	(1)	A person who suffers loss because of an act or omission of an emergency controller under section 150C (Emergency powers—no declared state of emergency) or section 160A (Emergency powers—declared state of emergency) is entitled to be paid reasonable compensation by the Territory for the loss.
42	Section 169 (3)
omit
territory controller
substitute
emergency controller
43	Recovery of compensation in court
Section 172
omit
(Compensation––declared state of emergency)
substitute
(Compensation––emergencies)
44	Section 173
substitute
173	Application—div 7.3.2
This division applies to an emergency other than an emergency for which an emergency controller is appointed.
45	Sections 177 to 179
omit
the territory controller
substitute
an emergency controller
46	Authorised person’s power to require name and address
Section 196
omit
the territory controller
substitute
an emergency controller
47	Compensation for exercise of functions etc
Section 199 (1) and note
substitute
	(1)	A person may claim compensation from the Territory if the person suffers loss because of the exercise, or purported exercise, of a function under this Act (other than under section 150C (Emergency powers—no declared state of emergency) or section 160A (Emergency powers––declared state of emergency)).
Note	For compensation for loss because of an act or omission under s 150C or s 160A, see s 169.
48	New section 203
insert
203	Review of Act
	(1)	The Minister must review the operation of this Act as soon as practicable after the end of every 5th year after the day this section commences.
	(2)	The Minister must present a report on the review to the Legislative Assembly within 3 months after the day the review is started.
49	Dictionary, new definition of emergency controller
insert
emergency controller means—
	(a)	for a declared state of emergency—the person appointed under section 159; and
	(b)	in any other case—the person appointed under section 150A.
50	Dictionary, definition of emergency management, paragraph (a)
substitute
	(a)	the assessment of hazards and emergency risks; and
51	Dictionary, definition of emergency management committee
omit
52	Dictionary, new definition of SEMSOG
insert
SEMSOG––see section 141.
53	Dictionary, definition of territory controller
omit

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	Territory Records Regulation 2009
[1.1]	Schedule 1, item 9
omit
[1.2]	Schedule 1, new item 19A
insert
19A	SEMSOG	chief executive, Department of Justice and Community Safety	
[1.3]	Dictionary, definition of ACT Emergency Management Committee
omit
[1.4]	Dictionary, new definition of SEMSOG
insert
SEMSOG means the Security and Emergency Management Senior Officials Group established under the Emergencies Act 2004, section 141.
Part 1.2	Utilities (Electricity Restrictions) Regulation 2004
[1.5]	Section 3, note 1
substitute
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘emergency controller—see the Emergencies Act 2004, dictionary’ means that the term ‘emergency controller’ is defined in that dictionary and the definition applies to this regulation.
[1.6]	Section 12
omit
the territory controller
substitute
an emergency controller
[1.7]	Dictionary, new definition of emergency controller
insert
emergency controller––see the Emergencies Act 2004, dictionary.
[1.8]	Dictionary, definition of territory controller
omit
Part 1.3	Utilities (Gas Restrictions) Regulation 2005
[1.9]	Section 3, note 1
substitute
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘emergency controller—see the Emergencies Act 2004, dictionary’ means that the term ‘emergency controller’ is defined in that dictionary and the definition applies to this regulation.
[1.10]	Section 12
omit
the territory controller
substitute
an emergency controller
[1.11]	Dictionary, note 2, 1st dot point
substitute
·	chief executive (see s 163)
[1.12]	Dictionary, new definition of emergency controller
insert
emergency controller––see the Emergencies Act 2004, dictionary.
[1.13]	Dictionary, definition of territory controller
omit

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	 18 March 2010.
2	Notification
	Notified under the Legislation Act on 12 May 2010.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Emergencies Amendment Bill 2010, which was passed by the Legislative Assembly on 6 May 2010. 

Acting Clerk of the Legislative Assembly

© Australian Capital Territory 2010