Australian Capital Territory
Emergencies Amendment Act 2016
A2016-33
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Commissioner’s functions
Section 8 (1) and (2)	2
	5	Commissioner may make guidelines
New section 11 (4A)	3
	6	Section 11 (7), new definition of senior rank	3
	7	Chief officer—ambulance service
Section 28 (3) (c), except note	4
	8	Section 29 heading	4
	9	Section 29 (3) (c)	4
	10	Section 29 (3) (f), except note	4
	11	Chief officer—rural fire service
Section 30 (1)	4
	12	Section 30 (3) (c)	4
	13	Section 30 (3) (e), except note	5
	14	Chief officer—SES
Section 31 (3) (c), except note	5
	15	Deputy chief officers
Section 32 (4)	5
	16	Directions by chief officer to service members
Section 35 (2) to (4)	5
	17	Functions of ambulance service
Section 41 (2) (a), example	6
	18	Part 4.2 heading	6
	19	Division 4.2.1	6
	20	Functions of rural fire service
Section 52 (2)	8
	21	New section 52 (4)	8
	22	Functions of SES
Section 57 (2) (b), example	9
	23	Volunteer appointments in accordance with guidelines
Section 59C (3)	9
	24	Section 59C (4), definition of senior rank	9
	25	What is a built-up area and a rural area?
Section 65, note 1	9
	26	What is the city area?
Section 66	9
	27	Fires in built-up area
Section 67 (2) and note	10
	28	Fires in rural areas
Section 68 (2) and note	10
	29	New section 77B	11
	30	Directions by Minister to manager of land
Section 81 (1)	12
	31	Directions by commissioner to owner of land
Section 82 (1)	12
	32	Section 84	13
	33	New section 85	13
	34	Sections 86 and 87 (1) (a)	13
	35	Improvement notices
Section 87 (2)	14
	36	Ending of notices for premises
Section 91 (3)	14
	37	Section 91 (4) and (5)	14
	38	Direction to provide fire appliance at premises
Section 92	14
	39	Directions to comply with fire prevention obligations etc
New section 109 (1) (c)	15
	40	Offence—lighting etc fire during total fire ban
Section 116 (1), penalty	15
	41	New section 116A	15
	42	Fire permits
Section 118 (1)	16
	43	New section 118 (7)	16
	44	Bushfire council members
Section 129 (2)	16
	45	Section 129 (4), note	17
	46	New section 129 (5) to (7)	17
	47	Functions of bushfire council
New section 130 (2A)	17
	48	Interfering with fire appliance, hydrant, alarm etc
Section 190 (2)	18
	49	New section 190 (4A)	18
	50	Section 190 (5)	18
	51	New section 195A	18
	52	Protection of officials from liability
New section 198 (4) (f)	19
	53	Review of Act
Section 203 (2)	19
	54	New schedule 1A	19
	55	Dictionary, new definitions	27
	56	Dictionary, definition of chief officer (fire and rescue)	28
	57	Dictionary, new definition of chief officer (fire and rescue service)	28
	58	Dictionary, definition of city area	28
	59	Dictionary, new definition of committee	28
	60	Dictionary, definition of fire and rescue	28
	61	Dictionary, new definitions	28
	62	Further amendments, mentions of fire and rescue	29
	63	Further amendments, mentions of (fire and rescue)	30
Schedule 1	Consequential amendments	31
Part 1.1	Building (General) Regulation 2008	31
Part 1.2	Civil Law (Wrongs) Regulation 2003	32
Part 1.3	Crimes Act 1900	32
Part 1.4	Dangerous Substances Act 2004	33
Part 1.5	Dangerous Substances (Explosives) Regulation 2004	33
Part 1.6	Dangerous Substances (General) Regulation 2004	35
Part 1.7	Electricity Safety Act 1971	35
Part 1.8	Emergencies Regulation 2004	36
Part 1.9	Environment Protection Act 1997	38
Part 1.10	Environment Protection Regulation 2005	39
Part 1.11	Heritage Act 2004	41
Part 1.12	Legislation Act 2001	42
Part 1.13	Liquor Act 2010	43
Part 1.14	Liquor Regulation 2010	43
Part 1.15	Nature Conservation Act 2014	43
Part 1.16	Rail Safety National Law (ACT) Act 2014	44
Part 1.17	Road Transport (Safety and Traffic Management) Regulation 2000	44
Part 1.18	Road Transport (Vehicle Registration) Regulation 2000	45
Part 1.19	Security Industry Regulation 2003	45
Part 1.20	Taxation Administration Regulation 2004	46
Part 1.21	Territory Records Regulation 2009	46
Part 1.22	Tree Protection Act 2005	47
Part 1.23	Water Resources Act 2007	48
Part 1.24	Work Health and Safety Act 2011	49
Part 1.25	Work Health and Safety Regulation 2011	49

Australian Capital Territory
Emergencies Amendment Act 2016
A2016-33

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 2016.
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 other legislation (see sch 1).
4	Commissioner’s functions
Section 8 (1) and (2)
substitute
	(1)	The commissioner is responsible for—
	(a)	the overall strategic direction and management of the emergency services; and 
	(b)	operational and administrative support to the services.
Examples—operational and administrative support
·	spatial services
·	logistics and fleet management
·	public information
·	communication centre
·	risk management and planning
·	training
Note 1	A chief officer of an emergency service is responsible for the general management and control of the service (see s 28 (3) (a), s 29 (3) (a), s 30 (3) (a) and s 31 (3) (a)).
Note 2	For the effective coordination of the emergency, the commissioner may direct a chief officer to undertake response or recovery operations (see s 8A).
Note 3	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).
	(2)	The commissioner is also responsible for—
	(a)	community education and awareness about emergencies; and
	(b)	improving community preparedness for emergencies; and
	(c)	emergencies-related advice on planning and development matters.
5	Commissioner may make guidelines
New section 11 (4A)
insert
	(4A)	The commissioner must consult the bushfire council before making a guideline on the standards and protocols required for the appointment of a volunteer member of the rural fire service to a senior rank of the service. 
6	Section 11 (7), new definition of senior rank
insert
senior rank, for the rural fire service, means a senior rank under the commissioner’s guidelines for the service.
7	Chief officer—ambulance service
Section 28 (3) (c), except note
omit
8	Section 29 heading
substitute
29	Chief officer—fire and rescue service
9	Section 29 (3) (c)
substitute
	(c)	operational planning for fire response in built-up areas, including fire preparedness and control; and
10	Section 29 (3) (f), except note
omit
11	Chief officer—rural fire service
Section 30 (1)
omit
with the bushfire council and
12	Section 30 (3) (c)
substitute
	(c)	operational planning for fire response in rural areas, including fire preparedness and control; and
13	Section 30 (3) (e), except note
omit
14	Chief officer—SES
Section 31 (3) (c), except note
omit
15	Deputy chief officers
Section 32 (4)
omit
16	Directions by chief officer to service members
Section 35 (2) to (4)
substitute
	(2)	A direction by the chief officer (ambulance service) may be about the following:
	(a)	the provision of medical treatment (a medical treatment direction);
	(b)	the scope of practice of an ambulance service member (a scope of practice direction).
	(3)	A direction by a chief officer of an emergency service (other than a medical treatment direction or a scope of practice direction) must, if practicable, be in accordance with any direction of the commissioner and the commissioner’s guidelines.
	(4)	A medical treatment direction and a scope of practice direction must, if practicable, be in accordance with medical treatment standards.
	(5)	In this section:
scope of practice, for an ambulance service member, means the manner in which an ambulance service member may practise as a member, including, for example, the aspects of practice that an ambulance service member may undertake.
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).
17	Functions of ambulance service
Section 41 (2) (a), example
omit
fire and rescue members
substitute
fire and rescue service members
18	Part 4.2 heading
substitute
Part 4.2	Fire and rescue service
19	Division 4.2.1	
substitute
Division 4.2.1	Fire and rescue service
43	Establishment of fire and rescue service
The ACT Fire and Rescue Service is established.
44	Functions of fire and rescue service
	(1)	The main function of the fire and rescue service is to protect and preserve life, property and the environment from fire in built-up areas.
	(2)	In exercising the function, the fire and rescue service is responsible for—
	(a)	operational planning for fire response in built-up areas, including fire preparedness; and
	(b)	fire response in built-up areas.
	(3)	The fire and rescue service has the following additional functions:
	(a)	to respond to and deal with hazardous material incidents; 
	(b)	to respond to rescue incidents;
	(c)	to respond to chemical, biological and radiological incidents; 
	(d)	to undertake assistance operations to support other entities in the exercise of their functions under this Act;
	(e)	any other function prescribed by regulation.
Example—par (d)
assisting police officers or ambulance service members in dealing with any incident or emergency
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).
	(4)	The fire and rescue service may also—
	(a)	respond to a fire in a rural area; and
	(b)	provide first response to any other incident to which another emergency service may respond under this Act, if the emergency service is unavailable. 
45	Constitution of fire and rescue service
The fire and rescue service consists of—
	(a)	the chief officer (fire and rescue service); and
	(b)	the deputy chief officer (fire and rescue service); and
	(c)	other members of the fire and rescue service; and
	(d)	any volunteer members.
46	Ranks for fire and rescue service members
The chief officer (fire and rescue service) may give members of the fire and rescue service various ranks in accordance with the standards and protocols for the fire and rescue service.
20	Functions of rural fire service
Section 52 (2)
substitute
	(2)	In exercising the function, the rural fire service is responsible for—
	(a)	operational planning for fire response in rural areas, including fire preparedness; and
	(b)	fire response in rural areas, other than for a fire that is in a building and at which a member of the fire and rescue service is present.
21	New section 52 (4)
after the note, insert
	(4)	The rural fire service may also—
	(a)	respond to a fire in built-up areas; and
	(b)	provide first response to any other incident to which another emergency service may respond under this Act, if the emergency service is unavailable. 
22	Functions of SES
Section 57 (2) (b), example
omit
or fire and rescue
substitute
fire and rescue service members
23	Volunteer appointments in accordance with guidelines
Section 59C (3)
omit
24	Section 59C (4), definition of senior rank
omit
25	What is a built-up area and a rural area?
Section 65, note 1
omit
Fire and rescue
substitute
The fire and rescue service
26	What is the city area?
Section 66
omit
27	Fires in built-up area
Section 67 (2) and note
substitute
	(2)	For the purpose of extinguishing or preventing the spread of the fire, or responding to the consequences of the fire, the chief officer (fire and rescue service) may—
	(a)	control and direct members of an emergency service; and
	(b)	direct a person to leave any land or premises on fire, near the fire, or affected by the consequences of the fire; and
	(c)	remove to any place the chief officer considers appropriate anything that the chief officer considers is interfering with, or may interfere with, the fire control operation; and
	(d)	do anything else the chief officer considers appropriate.
Examples—par (d)
1	severing or pulling down a fence
2	burning grass or other vegetation
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).
28	Fires in rural areas
Section 68 (2) and note
substitute
	(2)	For the purpose of extinguishing or preventing the spread of the fire, or responding to the consequences of the fire, the chief officer (rural fire service) may—
	(a)	control and direct members of an emergency service; and
	(b)	direct a person to leave any land or premises on fire, near the fire, or affected by the consequences of the fire; and
	(c)	remove to any place the chief officer considers appropriate anything that the chief officer considers is interfering with, or may interfere with, the fire control operation; and
	(d)	do anything else the chief officer considers appropriate.
Examples—par (d)
1	severing or pulling down a fence
2	burning grass or other vegetation
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).
29	New section 77B
insert
77B	Commissioner may make bushfire management standards
	(1)	The commissioner may make standards relating to requirements under the strategic bushfire management plan (the bushfire management standards).
	(2)	In preparing the bushfire management standards the commissioner must consult with the conservator.
	(3)	The bushfire management standards may apply, adopt or incorporate a law or instrument as in force from time to time.
Note	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
	(4)	The bushfire management standards are a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(5)	The Legislation Act, section 47 (6) does not apply in relation to an Australian Standard, or an Australian/New Zealand Standard, applied, adopted or incorporated as in force from time to time under the bushfire management standards.
30	Directions by Minister to manager of land
Section 81 (1)
substitute
	(1)	The Minister may give a written direction to the manager of an area of unleased territory land, or land occupied by the Territory, in relation to compliance with—
	(a)	a bushfire management requirement for the area; or 
	(b)	a bushfire operational plan for the area; or
	(c)	a bushfire management standard for the area.
31	Directions by commissioner to owner of land
Section 82 (1)
substitute
	(1)	The commissioner may, in writing, direct an owner of land in an area to comply with—
	(a)	a bushfire management requirement for the area; or 
	(b)	a bushfire operational plan for the area; or
	(c)	a bushfire management standard for the area.
32	Section 84
substitute
84	Fire fuel reduction
The chief officer (fire and rescue service) and the chief officer (rural fire service) may, at any time in accordance with the strategic bushfire management plan and the Environment Protection Act 1997, light a controlled fire anywhere in the ACT for the purpose of reducing the risk of bushfire or the spread of bushfire.
33	New section 85
in division 5.4.1, insert 
85	Meaning of relevant chief officer—div 5.4.1
In this division:
relevant chief officer means—
	(a)	in relation to premises in a built-up area—the chief officer (fire and rescue service); and
	(b)	in relation to premises in a rural area—the chief officer (fire and rescue service) or the chief officer (rural fire service).
34	Sections 86 and 87 (1) (a)
omit
chief officer (fire and rescue)
substitute
relevant chief officer
35	Improvement notices
Section 87 (2)
omit
chief officer (fire and rescue) may, on the chief officer’s initiative
substitute
relevant chief officer may, on the relevant chief officer’s initiative
36	Ending of notices for premises
Section 91 (3)
omit
chief officer (fire and rescue)
substitute
relevant chief officer who gave the notice 
37	Section 91 (4) and (5)
omit
chief officer (fire and rescue)
substitute
relevant chief officer
38	Direction to provide fire appliance at premises
Section 92
omit
chief officer (fire and rescue)
substitute
relevant chief officer
39	Directions to comply with fire prevention obligations etc
New section 109 (1) (c)
insert
	(c)	a bushfire management standard.
40	Offence—lighting etc fire during total fire ban
Section 116 (1), penalty
substitute
Maximum penalty:  200 penalty units, imprisonment for 2 years or both.
41	New section 116A
insert
116A	Offence—high risk activity during total fire ban
	(1)	A person commits an offence if—
	(a)	the person undertakes a high risk activity in the open air in an area; and
	(b)	a total fire ban is in force for the area.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(2)	Strict liability applies to subsection (1) (b).
	(3)	Subsection (1) does not apply to—
	(a)	a high risk activity undertaken for fire prevention by anyone acting under this Act; or
	(b)	a high risk activity undertaken in accordance with a permit issued under section 118; or
	(c)	a high risk activity prescribed by regulation as an exempt high risk activity and undertaken in accordance with a regulation.
	(4)	In this section:
high risk activity means the following:
	(a)	welding;
	(b)	grinding;
	(c)	soldering;
	(d)	gas cutting;
	(e)	any other activity prescribed by regulation as a high risk activity.
42	Fire permits
Section 118 (1)
omit
, or use fireworks,
substitute
, use fireworks, or undertake a high risk activity,
43	New section 118 (7)
insert
	(7)	In this section:
high risk activity—see section 116A (4).
44	Bushfire council members
Section 129 (2)
substitute
	(2)	The following must be appointed under subsection (1):
	(a)	a person to represent the interests of rural lessees; 
	(b)	a person with relevant skills or experience to represent the community’s interest in the environment; 
	(c)	a person to represent the community’s interests generally.
	(2A)	The Minister must try to ensure that the following are among the other members appointed:
	(a)	a person with skills or experience in fire sciences;
	(b)	a person with experience in land management;
	(c)	a person to with experience in fighting fires in built-up areas;
	(d)	a person to with experience in fighting fires in rural areas;
	(e)	a person with experience in indigenous land management.
45	Section 129 (4), note
omit
46	New section 129 (5) to (7)
after the note, insert
	(5)	A person must not be appointed for more than 2 consecutive terms.
	(6)	Subsection (5) does not apply to a person who is a member of the council immediately before the subsection commences.
	(7)	Subsection (6) and this subsection expire 8 years after the day this subsection commences.
47	Functions of bushfire council
New section 130 (2A)
insert
	(2A)	The council may publish advice given under subsection (1) or (2) if the council first consults the commissioner about publishing the advice.
48	Interfering with fire appliance, hydrant, alarm etc
Section 190 (2)
omit
49	New section 190 (4A)
insert
	(4A)	This section does not apply if the person has the permission of a member of the fire and rescue service, a member of the rural fire service or a police officer to do the thing.
50	Section 190 (5)
omit
Subsection (4) does not apply
substitute
Subsection (4) also does not apply
51	New section 195A
insert
195A	Establishment of ambulance service quality assurance committee
	(1)	The ambulance quality assurance committee is established.
	(2)	Schedule 1A has effect in relation to the committee.
52	Protection of officials from liability
New section 198 (4) (f)
before the note, insert
	(f)	a person who—
	(i)	is, or has been, a member of the ambulance service quality assurance committee; or 
	(ii)	acted under the direction of a person who is, or was at the time, a member of the ambulance service quality assurance committee.
53	Review of Act
Section 203 (2)
omit
within 3 months after the day the review is started.
substitute
as soon as practicable after the review is completed.
54	New schedule 1A
insert
Schedule 1A	Ambulance service quality assurance committee
1A.1	Definitions—sch 1A
In this schedule:
committee means the ambulance service quality assurance committee.
information holder means a person who—
	(a)	is or has been a member of the committee; or
	(b)	exercises or has exercised a function under this schedule; or
	(c)	is or has been engaged in the administration of this schedule; or
	(d)	has been given information under this Act by a person mentioned in paragraphs (a), (b) or (c).
protected information—
	(a)	means information about a person that is disclosed to, or obtained by, an information holder because of the exercise of a function under this Act by the information holder or someone else; and
	(b)	includes sensitive information.
sensitive information means information that—
	(a)	identifies a person who—
	(i)	has received an ambulance service; or
	(ii)	is exercising a function in relation to the ambulance service; or
	(iii)	has provided information to the committee in the course of the committee carrying out the committee’s functions under this chapter; or
	(b)	would allow the identity of a person mentioned in paragraph (a) to be worked out.
1A.2	Function of ASQAC
The committee has the following functions:
	(a)	to facilitate the improvement of clinical services provided by  the ambulance service in the ACT;
	(b)	any other function given to the committee under this Act.
1A.3	Appointment of ASQAC members
	(1)	The commissioner must appoint the members of the committee.
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).
Note 3	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
	(2)	An appointment must be for a term of not longer than 3 years.
	(3)	An appointment is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
1A.4	Disclosure of interest by ASQAC members etc
	(1)	If a person who is a member of, or acting under the direction of, the committee has a material interest in an issue being considered, or about to be considered, by the committee, the person must disclose the nature of the interest at a committee meeting as soon as practicable after the relevant facts come to the person’s knowledge.
	(2)	The disclosure must be recorded in the committee’s minutes and, unless the committee otherwise decides, the person must not—
	(a)	be present when the committee considers the issue; or
	(b)	take part in a decision of the committee on the issue.
	(3)	Any other person who also has a material interest in the issue must not be present when the committee is considering its decision under subsection (2).
	(4)	In this section:
associate, of a person, means—
	(a)	the person’s business partner; or
	(b)	a close friend of the person; or
	(c)	a family member of the person.
executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation.
indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue:
	(a)	an associate of the person;
	(b)	a corporation if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation;
	(c)	a subsidiary of a corporation mentioned in paragraph (b);
	(d)	a corporation if the person, or an associate of the person, is an executive officer of the corporation;
	(e)	the trustee of a trust if the person, or an associate of the person, is a beneficiary of the trust;
	(f)	a member of a firm or partnership if the person, or an associate of the person, is a member of the firm or partnership;
	(g)	someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business.
material interest—a person has a material interest in an issue if the person has—
	(a)	a direct or indirect financial interest in the issue; or
	(b)	a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the person’s functions in relation to the committee’s consideration of the issue.
1A.5	Procedure for ASQAC 
In exercising its functions, the committee—
	(a)	must comply with the rules of natural justice; and
	(b)	is not bound by the rules of evidence but may inform itself of anything in the way it considers appropriate; and
	(c)	may do whatever it considers necessary or convenient for the fair and prompt exercise of its functions.
1A.6	Obtaining information
	(1)	The committee may ask anyone to give the committee information, including protected information, that is relevant to the committee carrying out its function.
	(2)	When asking anyone for information, the committee must tell the person that giving false or misleading information is an offence against the Criminal Code, section 338 (Giving false or misleading information).
	(3)	If someone gives information honestly and without recklessness to the committee under subsection (1)—
	(a)	the giving of the information is not—
	(i)	a breach of confidence; or
	(ii)	a breach of professional etiquette or ethics; or
	(iii)	a breach of a rule of professional conduct; and
	(b)	the person does not incur civil or criminal liability only because of the giving of the information.
1A.7	Annual ASQAC report to Minister
	(1)	The committee must, for each financial year, prepare a report (a ministerial report) about the committee’s operation during the year.
	(2)	The ministerial report must include information for the financial year about—
	(a)	the committee’s functions under the Act; and
	(b)	how the committee’s functions were facilitated by the application of section 198 (Protection of officials from liability); and
	(c)	why it was in the public interest for section 1A.10 (Offence—secrecy of protected information) to apply to information held by the committee members.
	(3)	The ministerial report must comply with any requirements prescribed by regulation for this section.
	(4)	The ministerial report must not include sensitive information.
	(5)	The ministerial report must be given to the Minister not later than 3 months after the end of the financial year.
1A.8	ASQAC may give information 
	(1)	The committee may give protected information to 1 or more of the following if the committee is satisfied that giving the information would be likely to facilitate the improvement of clinical services provided by the ambulance service in the ACT:
	(a)	the Coroner’s Court;
	(b)	a health board;
	(c)	the Minister.
	(2)	If the committee gives protected information to a health board under subsection (1), the committee must also give the information to the health services commissioner.
	(3)	In this section:
health board means a national board established under the Health Practitioner Regulation National Law (ACT), section 31.
1A.9	Admissibility of ASQAC evidence
	(1)	The following are not admissible as evidence in a proceeding before a court:
	(a)	an oral statement made in a proceeding before the committee;
	(b)	a document given to the committee, but only to the extent that it was prepared only for the committee;
	(c)	a document prepared by the committee.
	(2)	In this section:
court includes a tribunal, authority or person with power to require the production of documents or the answering of questions.
1A.10	Offence—secrecy of protected information
	(1)	An information holder commits an offence if—
	(a)	the information holder—
	(i)	makes a record of protected information about someone else; and
	(ii)	is reckless about whether the information is protected information about someone else; or
	(b)	the information holder—
	(i)	does something that divulges protected information about someone else; and
	(ii)	is reckless about whether—
	(A)	the information is protected information about someone else; and
	(B)	doing the thing would result in the information being divulged to another person.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	This section does not apply to the making of a record or the divulging of information if the record is made or the information divulged—
	(a)	under this Act; or
	(b)	in the exercise of a function, as an information holder, under this Act.
	(3)	This section does not apply to the making of a record or the divulging of information if—
	(a)	the protected information is not sensitive information; and
	(b)	the record is made or the information divulged—
	(i)	under another territory law; or
	(ii)	in the exercise of a function, as an information holder, under another territory law.
	(4)	This section does not apply to the divulging of protected information about someone with the person’s agreement.
	(5)	An information holder must not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act.
Note	A quality assurance committee may give protected information to the Coroner’s Court (see s 1A.8).
	(6)	In this section:
court includes a tribunal, authority or person with power to require the production of documents or the answering of questions.
divulge includes communicate.
produce includes allow access to.
55	Dictionary, new definitions
insert
ambulance service quality assurance committee (or ASQAC) means a committee established under section 195A.
ASQAC—see ambulance service quality assurance committee.
56	Dictionary, definition of chief officer (fire and rescue)
omit
57	Dictionary, new definition of chief officer (fire and rescue service)
insert
chief officer (fire and rescue service)—see section 29.
58	Dictionary, definition of city area
omit
59	Dictionary, new definition of committee
insert
committee, for schedule 1A (Ambulance service quality assurance committee)—see section 1A.1.
60	Dictionary, definition of fire and rescue
omit
61	Dictionary, new definitions
insert
fire and rescue service means the ACT Fire and Rescue Service established under section 43.
information holder, for schedule 1A (Ambulance service quality assurance committee)—see section 1A.1.
protected information, for schedule 1A (Ambulance service quality assurance committee)—see section 1A.1.
relevant chief officer, for division 5.4.1 (Notices and directions for premises)—see section 85.
sensitive information, for schedule 1A (Ambulance service quality assurance committee)—see section 1A.1.
62	Further amendments, mentions of fire and rescue
omit
fire and rescue
substitute
the fire and rescue service
in
·	section 3 (c)
·	section 29 (1) (1st mention)
·	section 29 (3) (a) and (b)
·	section 52 
·	section 67 (5) (1st mention)
·	section 67 (5) (a)
·	section 67 (6) (1st mention)
·	section 68
·	section 69 (2)
·	section 99 (2) (2nd mention)
·	section 100 (2) (2nd mention)
·	section 121 (1) (a)
·	section 189 (1) (b)
·	dictionary, definition of emergency service
63	Further amendments, mentions of (fire and rescue)
omit
(fire and rescue)
substitute
(fire and rescue service)
in
·	section 29 (1) and (3)
·	section 30 (3) (c)
·	section 38 (1), example
·	sections 47 to 50
·	section 64 (3), example 1
·	section 65 (2)
·	section 67
·	section 69 (1)
·	section 96 (3)
·	section 99
·	section 100
·	section 142 (1) (d)
·	section 188 (b)
·	dictionary, definition of chief officer

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	Building (General) Regulation 2008
[1.1]	Section 7 (1), example 3
omit
fire and rescue
substitute
the fire and rescue service
[1.2]	Section 35 (b)
omit
the chief officer (fire and rescue) or chief officer (rural fire service)
substitute
the emergency services commissioner
[1.3]	Schedule 2, part 2.2, items 6 and 7
substitute

6	use of alternative building solution for a provision of the building code that deals with fire protection	emergency services commissioner	
7	erection of building, or new part of building, if building, or new part—
	(a)	is not a class 1, class 10a or class 10b building; and
	(b)	has floor area larger than 500m2	emergency services commissioner	
[1.4]	Dictionary, note 2
insert
·	emergency services commissioner
Part 1.2	Civil Law (Wrongs) Regulation 2003
[1.5]	Section 4 (3) (d)
omit
fire and rescue
substitute
fire and rescue service
[1.6]	Dictionary, note 2
omit
·	fire and rescue
substitute
·	fire and rescue service
Part 1.3	Crimes Act 1900
[1.7]	Section 396 (2), definition of member of the emergency services, paragraph (b)
substitute
	(b)	the fire and rescue service; or
[1.8]	Dictionary, note 2
omit
·	fire and rescue
substitute
·	fire and rescue service
Part 1.4	Dangerous Substances Act 2004
[1.9]	Section 85, definition of authorised person, paragraph (d)
substitute
	(d)	a member of the ambulance service, the fire and rescue service, the rural fire service or the SES.
[1.10]	Dictionary, note 2
omit
·	fire and rescue
substitute
·	fire and rescue service
Part 1.5	Dangerous Substances (Explosives) Regulation 2004
[1.11]	Dictionary, note 2
omit
·	chief officer (fire and rescue)
substitute
·	chief officer (fire and rescue service)
[1.12]	Dictionary, note 2
omit
·	fire and rescue
substitute
·	fire and rescue service
[1.13]	Dictionary, definition of firefighter, paragraphs (a) and (b)
substitute
	(a)	the chief officer (fire and rescue service); or
	(b)	any other member of the fire and rescue service; or
[1.14]	Further amendments, mentions of (fire and rescue)
omit
(fire and rescue)
substitute
(fire and rescue service)
in
·	section 22
·	section 24 (1) (a)
·	section 60
·	section 134
·	section 317 (2), definition of police and fire authorities, paragraph (b)
Part 1.6	Dangerous Substances (General) Regulation 2004
[1.15]	Section 244 (1) (d)
substitute
	(d)	fire hydrants and fire hose coupling points at the premises that may be used by the fire and rescue service or the rural fire service are suitable for use by the fire and rescue service or the rural fire service.
[1.16]	Dictionary, note 2
omit
·	fire and rescue
substitute
·	fire and rescue service
Part 1.7	Electricity Safety Act 1971
[1.17]	Section 35 (3), definition of authorised person, paragraph (d)
omit
fire and rescue
substitute
the fire and rescue service
Part 1.8	Emergencies Regulation 2004
[1.18]	New section 2
insert
2	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation.
Note 2	A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
[1.19]	Section 5 (2), definition of factory
omit
[1.20]	New section 5A
insert
5A	Exempt high risk activity—Act, s 116A (3) (c)
Each of the following is an exempt high risk activity:
	(a)	a high risk activity at a factory if—
	(i)	the activity is undertaken in a building or other structure; and
	(ii)	reasonable steps have been taken to prevent the escape of fire or material that is likely to generate fire from the building or structure;
	(b)	a high risk activity undertaken under the authority of any entity in relation to the repair or maintenance of services or equipment essential for continuing or restoring transport or communication, or a supply of heat, light, power, water or sewerage, if—
	(i)	the emergency services commissioner has been given notice of the intention to undertake the activity; and
	(ii)	reasonable steps have been taken to prevent the escape of fire or material that is likely to generate fire from the place where the activity is undertaken.
[1.21]	Section 8
substitute
8	Attendance by fire and rescue service members at public events
	(1)	This section applies to public entertainment or a public meeting if the chief officer (fire and rescue service) considers that because of the nature of the entertainment or meeting, or the decorations, appliances or lighting used at the entertainment or meeting, the attendance of the fire and rescue service is needed.
	(2)	The chief officer (fire and rescue service) may direct 1 or more members of the fire and rescue service to attend all or part of the entertainment or meeting.
Note	A fee may be determined under the Act, s 201 for the attendance.
[1.22]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	adult
·	offence
·	penalty unit (see s 133).
Note 3	Terms used in this regulation have the same meaning that they have in the Emergencies Act 2004 (see Legislation Act, s 148).  For example, the following terms are defined in the Emergencies Act 2004, dictionary:
·	bushfire season
·	chief officer (fire and rescue service).
factory means a building or other place where goods are manufactured or repaired in the course of carrying on a trade or business.
Part 1.9	Environment Protection Act 1997
[1.23]	Section 6
substitute
6	Application of Act to Emergencies Act 2004
	(1)	This Act does not apply to the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of—
	(a)	protecting life or property; or
	(b)	controlling, extinguishing or preventing the spread of a fire.
	(2)	In this section:
relevant person means—
	(a)	a member of the ambulance service; or
	(b)	a member of the fire and rescue service; or
	(c)	a member of the rural fire service; or
	(d)	a member of the SES; or
	(e)	any other person under the control of—
	(i)	the chief officer (ambulance service); or
	(ii)	the chief officer (fire and rescue service); or
	(iii)	the chief officer (rural fire service); or
	(iv)	the chief officer (SES); or
	(f)	a police officer.
Part 1.10	Environment Protection Regulation 2005
[1.24]	Schedule 1, table 1.2, item 3, column 3
omit
(fire and rescue)
substitute
(fire and rescue service)

[1.25]	Schedule 1, table 1.2, item 7
substitute

7	display, ceremony, celebration or similar activity	the display, ceremony, celebration or activity—
	(a)	is authorised by the emergency services commissioner; and
	(b)	is conducted in accordance with an approval; and
	(c)	is either—
	(i)	held on unleased land; or
	(ii)	held with the consent of the lessee on leased land that is not residential land
Note	Approval is defined in the dictionary.	
[1.26]	Dictionary, note 2
omit
·	chief officer (fire and rescue)
substitute
·	chief officer (fire and rescue service)
[1.27]	Dictionary, note 2
insert
·	emergency services commissioner
Part 1.11	Heritage Act 2004
[1.28]	Section 7
substitute
7	Application of Act to Emergencies Act 2004
	(1)	This Act does not apply to the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of—
	(a)	protecting life or property; or
	(b)	controlling, extinguishing or preventing the spread of a fire.
	(2)	In this section:
relevant person means—
	(a)	a member of the ambulance service; or
	(b)	a member of the fire and rescue service; or
	(c)	a member of the rural fire service; or
	(d)	a member of the SES; or
	(e)	any other person under the control of—
	(i)	the chief officer (ambulance service); or
	(ii)	the chief officer (fire and rescue service); or
	(iii)	the chief officer (rural fire service); or
	(iv)	the chief officer (SES); or
	(f)	a police officer.
Part 1.12	Legislation Act 2001
[1.29]	Dictionary, part 1, definition of chief officer (fire and rescue)
omit
[1.30]	Dictionary, part 1, new definition of chief officer (fire and rescue service)
substitute
chief officer (fire and rescue service) means the chief officer (fire and rescue service) under the Emergencies Act 2004.
[1.31]	Dictionary, part 1, definition of emergency service
substitute
emergency service means the ambulance service, the fire and rescue service, the rural fire service or the SES.
[1.32]	Dictionary, part 1, definition of fire and rescue
omit
[1.33]	Dictionary, part 1, new definition of fire and rescue service
substitute
fire and rescue service means the ACT Fire and Rescue Service established under the Emergencies Act 2004.
Part 1.13	Liquor Act 2010
[1.34]	Sections 85 to 87
omit
(fire and rescue)
substitute
(fire and rescue service)
[1.35]	Dictionary, note 2
omit
·	chief officer (fire and rescue)
substitute
·	chief officer (fire and rescue service)
Part 1.14	Liquor Regulation 2010
[1.36]	Schedule 1, section 1.16 (3) (c)
substitute
	(c)	the fire and rescue service;
Part 1.15	Nature Conservation Act 2014
[1.37]	Section 7 (2), definition of relevant person, paragraph (b)
substitute
	(b)	a member of the fire and rescue service; or
[1.38]	Section 7 (2), definition of relevant person, paragraph (e) (ii)
substitute
	(ii)	the chief officer (fire and rescue service); or
Part 1.16	Rail Safety National Law (ACT) Act 2014
[1.39]	Section 9, definition of emergency service, note
omit 
fire and rescue
substitute
the fire and rescue service
Part 1.17	Road Transport (Safety and Traffic Management) Regulation 2000
[1.40]	Section 33, definition of emergency worker, paragraph (b)
omit 
fire and rescue,
substitute
the fire and rescue service,
[1.41]	Dictionary, note 2
omit
·	fire and rescue
substitute
·	fire and rescue service
Part 1.18	Road Transport (Vehicle Registration) Regulation 2000
[1.42]	Section 17 (1) (c) (ii)
omit 
fire and rescue,
substitute
the fire and rescue service,
[1.43]	Dictionary, note 2
omit
·	fire and rescue
substitute
·	fire and rescue service
Part 1.19	Security Industry Regulation 2003
[1.44]	Section 6 (1) (d)
substitute
	(d)	the chief officer (fire and rescue service) and any other member of the fire and rescue service;
[1.45]	Dictionary, note 2
omit
·	chief officer (fire and rescue)
substitute
·	chief officer (fire and rescue service)
Part 1.20	Taxation Administration Regulation 2004
[1.46]	Section 4
omit
chief officer (fire and rescue)
substitute
chief officer (fire and rescue service)
Part 1.21	Territory Records Regulation 2009
[1.47]	Schedule 1, item 2, column 2
substitute
ACT Fire and Rescue Service
[1.48]	Dictionary, definition of ACT Fire and Rescue
omit
[1.49]	Dictionary, new definition of ACT Fire and Rescue Service
insert
ACT Fire and Rescue Service means the ACT Fire and Rescue Service established under the Emergencies Act 2004, section 43.
Part 1.22	Tree Protection Act 2005
[1.50]	Section 19 (1) (f)
substitute
	(f)	anything done in the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of—
	(i)	protecting life or property; or
	(ii)	controlling, extinguishing or preventing the spread of a fire.
[1.51]	Section 19 (2), definition of relevant person
substitute
relevant person means—
	(a)	a member of the ambulance service; or
	(b)	a member of the fire and rescue service; or
	(c)	a member of the rural fire service; or
	(d)	a member of the SES; or
	(e)	any other person under the control of—
	(i)	the chief officer (ambulance service); or
	(ii)	the chief officer (fire and rescue service); or
	(iii)	the chief officer (rural fire service); or
	(iv)	the chief officer (SES); or
	(f)	a police officer.
[1.52]	Dictionary, note 2
omit
·	chief officer (fire and rescue)
substitute
·	chief officer (fire and rescue service)
Part 1.23	Water Resources Act 2007
[1.53]	Section 28 (2) (d)
substitute
	(d)	the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of—
	(i)	protecting life or property; or
	(ii)	controlling, extinguishing or preventing the spread of a fire; or
[1.54]	Section 28 (3), definition of relevant person
substitute
relevant person means—
	(a)	a member of the ambulance service; or
	(b)	a member of the fire and rescue service; or
	(c)	a member of the rural fire service; or
	(d)	a member of the SES; or
	(e)	any other person under the control of—
	(i)	the chief officer (ambulance service); or
	(ii)	the chief officer (fire and rescue service); or
	(iii)	the chief officer (rural fire service); or
	(iv)	the chief officer (SES); or
	(f)	a police officer.
Part 1.24	Work Health and Safety Act 2011
[1.55]	Section 108 (4), definition of emergency services worker, note
substitute
Note	An emergency service means the ambulance service, the fire and rescue service, the rural fire service or the SES (see Legislation Act, dict, pt 1).
Part 1.25	Work Health and Safety Regulation 2011
[1.56]	Dictionary, definition of emergency service organisation, note
substitute
Note	An emergency service means the ambulance service, the fire and rescue service, the rural fire service or the SES (see Legislation Act, dict, pt 1).
[1.57]	Dictionary, definition of emergency service worker, note
substitute
Note	An emergency service means the ambulance service, the fire and rescue service, the rural fire service or the SES (see Legislation Act, dict, pt 1).

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 5 May 2016.
2	Notification
	Notified under the Legislation Act on 20 June 2016.
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 2016, which was passed by the Legislative Assembly on 9 June 2016. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2016