2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Brendan Smyth)
Emergencies (Bushfire Warnings) Amendment Bill 2009

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	New part 5.3A	2
	5	Bushfire season
Section 119 (1)	6
	6	Dictionary, definition of bushfire season	6
	7	Dictionary, new definition of fire danger index	6

2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Brendan Smyth)
Emergencies (Bushfire Warnings) Amendment Bill 2009

A Bill for
An Act to amend the Emergencies Act 2004

    

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

1	Name of Act
This Act is the Emergencies (Bushfire Warnings) Amendment Act 2009.
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.
4	New part 5.3A
insert
Part 5.3A	Bushfire warnings
85A	Meaning of fire danger index
	(1)	In this Act: 
fire danger index means an index worked out—
	(a)	using the McArthur Mk 5 Forest Fire Danger Meter; or
	(b)	if the Minister determines another way for working out the fire danger index—in that way.
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
85B	Fire danger indexes
	(1)	The Minister must issue a fire danger index in the ACT for—
	(a)	each day during the bushfire season; and
	(b)	any day outside the bushfire season for which the fire danger index is 25 or higher.
	(2)	If the fire danger index issued under subsection (1) for a day is 25 or higher, the Minister must also issue any later increase in the index for the day.
	(3)	If the fire danger index issued under subsection (1) (a) for a day is lower than 25 but the index increases to 25 or higher during the day, the Minister must also issue the increase and any later increase in the index for the day.
85C	Bushfire warnings
	(1)	If the fire danger index is 25 or higher, the Minister must also issue a bushfire warning with the index.
	(2)	A bushfire warning issued under subsection (1) must include the following:
	(a)	the fire danger index;
	(b)	the bushfire activity category mentioned in table 85C, column 3 for the fire danger index;
	(c)	the bushfire warning level mentioned in table 85C, column 4 for the fire danger index;
	(d)	the locations or suburbs to which the warning applies;
	(e)	if the fire danger index is 49 or lower—a recommendation that people consider their readiness for a bushfire and quickly decide whether to stay and defend their location or whether to evacuate;
	(f)	if the fire danger index is 50 or higher—a recommendation that, if people have not prepared their location for a bushfire and do not have the experience to stay and defend their location, they should evacuate before a fire starts;
	(g)	a statement to the effect that the conditions may cause fires to develop very quickly into very large, uncontrollable bushfires that may lead to loss of life and property;
	(h)	information about where people should go if they decide to evacuate;
	(i)	sources of further information.
Examples—par (i)
1	Canberra radio stations
2	Canberra television stations
3	The Canberra Times newspaper
4	Bureau of Meteorology website
5	Canberra Connect website
6	ACT Government website
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).
Table 85C	Bushfire activity and warning levels
column 1
item	column 2
fire danger index	column 3
bushfire activity category	column 4
bushfire warning level	
1	25 – 49	very high	general	
2	50 – 74	extreme	1	
3	75 – 99	extreme	2	
4	100 or higher	extreme	3	
85D	Issuing fire danger indexes and bushfire warnings
	(1)	An index (and any related bushfire warning) required to be issued under section 85B and section 85C must be issued—
	(a)	as soon as practicable after the index is worked out; and
	(b)	by ensuring that it is—
	(i)	broadcast in the ACT by television and radio; and
	(ii)	except for an index (and any related bushfire warning) issued under section 85B (2) or (3)—published in a daily newspaper.
	(2)	An index (and any related bushfire warning) may also be broadcast in the ACT by—
	(a)	telephone; or
	(b)	any other electronic means.
Example—par (b)
the Internet
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).
85E	Public education about bushfire warnings
	(1)	The Minister must undertake a public education program to increase public awareness of—
	(a)	the fire danger index and corresponding bushfire activity categories and bushfire warning levels; and
	(b)	the potential consequences of different fire danger indexes; and
	(c)	the action to be undertaken by members of the public when a bushfire warning is issued.
	(2)	The Minister must report annually to the Legislative Assembly about the progress of the public education program.
5	Bushfire season
Section 119 (1)
omit
division
substitute
Act
6	Dictionary, definition of bushfire season
substitute
bushfire season—see section 119.
7	Dictionary, new definition of fire danger index
insert
fire danger index—see section 85A.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2009.
2	Notification
	Notified under the Legislation Act on	2009.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2009