Australian Capital Territory
Emergencies Regulation 2004    
SL2004-26
made under the
Emergencies Act 2004
Republication No 2
Effective:  2 November 2004 – 22 December 2004
Republication date: 2 November 2004
Regulation not amended
(republication includes editorial amendments 
under Legislation Act)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Emergencies Regulation 2004, made under the Emergencies Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 November 2004.  It also includes any commencement, repeal or expiry affecting the republished law.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial amendments
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Emergencies Regulation 2004
made under the
Emergencies Act 2004
    
Contents
	Page
	1	Name of regulation	2
	3	Notes	2
	4	Offences against regulation—application of Criminal Code etc	2
	5	Prescribed fires—Act, s 116 (3) (d)	2
	6	Steam engines	4
	7	Internal-combustion engines	5
	8	Attendance by fire brigade members at public events	5
	9	Exempt contributions—Act, sch 1, s 2 (2) (a)	6
	10	Modification of Act, ch 11—Act, s 215 (2)	6
Schedule 1	Modification of Act, ch 11	7
Endnotes
	1	About the endnotes	8
	2	Abbreviation key	8
	3	Legislation history	9
	4	Amendment history	9
	5	Earlier republications	9

Australian Capital Territory
Emergencies Regulation 2004     

made under the
Emergencies Act 2004

    

  

 

1	Name of regulation
This regulation is the Emergencies Regulation 2004.
3	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4	Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation. 
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
5	Prescribed fires—Act, s 116 (3) (d)
	(1)	Each of the following is a prescribed fire:
	(a)	a fire lit, maintained or used at a factory if—
	(i)	the fire is lit, maintained or used in a building or other structure; and
	(ii)	reasonable steps have been taken to prevent the escape from the building or structure of the fire or material from the fire;
	(b)	a fire lit, maintained or used 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 authority has been given notice of the intention to light, maintain or use the fire; and
	(ii)	reasonable steps have been taken to prevent the escape from the place where the fire is lit, maintained or used of the fire or material from the fire;
	(c)	a fire lit, maintained or used on any land for an electric or gas heating appliance to cook food or heat liquids if, while the appliance is in use—
	(i)	the appliance is under the direct control of a responsible adult; and
	(ii)	an area around the appliance of at least 3m is cleared of flammable material; and
	(iii)	a fire-extinguisher or a continuous stream of water is available for use;
	(d)	a fire lit, maintained or used to allow a hot-air balloon to become or stay airborne or to control the descent of the balloon if—
	(i)	the balloon is under the direct control of a responsible person; and
	(ii)	an area of at least 3m around the balloon is cleared of flammable material before the fire is lit; and
	(iii)	a fire-extinguisher or a continuous stream of water is available for use.
	(2)	In this section:
factory means a building or other place where goods are manufactured or repaired in the course of carrying on a trade or business.
material, from a fire, includes sparks or incandescent material from the fire.
6	Steam engines
	(1)	The owner of a steam engine commits an offence if the owner fails to install and maintain effective spark arrestors and sound ashpans to the engine.
Maximum penalty: 
	(a)	if the offence is committed in the bushfire season—20 penalty units; and
	(b)	in any other case—10 penalty units.
	(2)	A person in charge of a steam engine commits an offence if, before the person leaves the engine, the person does not extinguish any live coals that have dropped from the engine.
Maximum penalty: 
	(a)	if the offence is committed in the bushfire season—20 penalty units; and
	(b)	in any other case—10 penalty units.
	(3)	A person in charge of a steam engine commits an offence if the person does not take adequate steps to stop live coals dropping from the engine after the person leaves the engine.
Maximum penalty: 
	(a)	if the offence is committed in the bushfire season—20 penalty units; and
	(b)	in any other case—10 penalty units.
	(4)	This section does not apply if the steam engine is used only for display purposes that do not involve its operation.
	(5)	An offence against this section is a strict liability offence.
	(6)	In this section:
bushfire season—see the Act, section 119. 
7	Internal-combustion engines
	(1)	A person commits an offence if the person uses an internal‑combustion engine that is not fitted with an effective spark arrestor.
Maximum penalty: 
	(a)	if the offence is committed in the bushfire season—20 penalty units; and
	(b)	in any other case—10 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	In this section:
bushfire season—see the Act, section 119. 
8	Attendance by fire brigade members at public events
	(1)	This section applies to public entertainment or a public meeting if the chief officer (fire brigade) 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 brigade is needed.
	(2)	The chief officer (fire brigade) may direct 1 or more fire brigade members to attend all or part of the entertainment or meeting.
Note	A fee may be determined under the Act, s 201 for the attendance.
	(3)	In this section:
public entertainment means an exhibition, performance, lecture, game or sport to which the public has access whether or not by payment.
public meeting does not include a gathering of people for religious worship only.
9	Exempt contributions—Act, sch 1, s 2 (2) (a)
The following classes of people are prescribed:
	(a)	people holding 1 or more of the following cards given to them by the Commonwealth:
	(i)	a health care card;
	(ii)	a pensioner concession card;
	(iii)	a pharmaceutical benefits concession card;
	(b)	people who are service pensioners within the meaning of the Veterans’ Entitlements Act 1986 (Cwlth);
	(c)	people living permanently outside the ACT.
10	Modification of Act, ch 11—Act, s 215 (2)
	(1)	The Act, chapter 11 (Consequential and transitional matters) is modified by inserting the provisions mentioned in schedule 1.
	(2)	This section and schedule 1 expire on 30 June 2005.

Schedule 1	Modification of Act, ch 11
(s 10)
Division 11.2.6A	Fuel management plans
213A	Fuel management plans
	(1)	This section applies if a fuel management plan made under the Bushfire Act 1936, section 11H is in force for an area of land immediately before the commencement day. 
	(2)	The plan continues in force for the area of land until the day a strategic bushfire management plan made under section 72 commences.
Division 11.2.6B	Emergency plan
213B	Emergency plan
	(1)	This section applies if an emergency plan for the Territory prepared by the Minister under the Emergency Management Act 1999, section 11 is in force immediately before the commencement day. 
	(2)	The emergency plan continues in force until the day an emergency plan made under section 147 commences.
Division 11.2.6C	Ambulance fund
213C	Approval of person to operate fund
	(1)	This section applies to a person approved to operate an ambulance fund under the Emergency Management Act 1999, section 69.
	(2)	The person is taken to have been approved to operate an ambulance fund under section 195.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	

3	Legislation history
This regulation was originally the Emergencies Regulations 2004.  It was renamed under the Legislation Act 2001.
Emergencies Regulation 2004 SL2004-26
notified LR 30 June 2004
s 1, s 2 commenced 30 June 2004 (LA s 75 (1))
remainder commenced 1 July 2004 (s 2 and see Emergencies Act 2004 A2004-28, s 2 (1) and CN2004-11)
4	Amendment history
Name of regulation
s 1	am R2 LA
Commencement
s 2	om LA s 89 (4)
Modification of Act, ch 11—Act, s 215 (2)
s 10	exp 1 July 2005 (s 10 (2))
Modification of Act, ch 11
sch 1	exp 1 July 2005 (s 10 (2))
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
1 July 2004	1 July 2004–
1 Nov 2004	not amended	new regulation	

©  Australian Capital Territory 2004