2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Police and Emergency Services) Emergencies Amendment Bill 2010 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 J2009-766 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 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 contents 2 Emergencies Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 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 Emergencies Amendment Bill 2010 contents 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Police and Emergency Services) Emergencies Amendment Bill 2010 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: J2009-766 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 1 Name of Act 2 This Act is the Emergencies Amendment Act 2010. 3 2 Commencement 4 This Act commences on a day fixed by the Minister by written 5 notice. 6 Note 1 The naming and commencement provisions automatically commence on 7 the notification day (see Legislation Act, s 75 (1)). 8 Note 2 A single day or time may be fixed, or different days or times may be 9 fixed, for the commencement of different provisions (see Legislation 10 Act, s 77 (1)). 11 Note 3 If a provision has not commenced within 6 months beginning on the 12 notification day, it automatically commences on the first day after that 13 period (see Legislation Act, s 79). 14 3 Legislation amended 15 This Act amends the Emergencies Act 2004. 16 Note This Act also amends the following legislation (see sch 1): 17 · Territory Records Regulation 2009 18 · Utilities (Electricity Restrictions) Regulation 2004 19 · Utilities (Gas Restrictions) Regulation 2005. 20 4 Objects of Act 21 Section 3 (b) 22 substitute 23 (b) to provide for effective emergency management that-- 24 (i) has regard to the need to prepare for, prevent, respond to 25 and recover from emergencies; and 26 (ii) takes an all-hazards approach to emergency management; 27 and page 2 Emergencies Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 5 Commissioner's functions 2 New section 8 (4) (ga) 3 insert 4 (ga) emphasise the importance of communicating information, 5 advice and warnings to the community during an emergency; 6 and 7 6 Part 7.1 heading 8 substitute 9 Part 7.1 Security and Emergency 10 Management Senior Officials 11 Group 12 7 Section 141 13 substitute 14 141 Security and Emergency Management Senior Officials 15 Group 16 The Security and Emergency Management Senior Officials Group 17 (SEMSOG) is established. 18 8 Section 142 heading 19 substitute 20 142 Constitution of SEMSOG Emergencies Amendment Bill 2010 page 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 9 Section 142 (1) 2 omit 3 emergency management committee 4 substitute 5 SEMSOG 6 10 New section 142 (1) (aa) 7 before paragraph (a), insert 8 (aa) the chief executive; and 9 11 Section 142 (2) 10 omit 11 committee members 12 substitute 13 members of the SEMSOG 14 12 Section 142 (3) 15 substitute 16 (3) The chief executive is the chair of the SEMSOG. 17 13 Section 143 heading 18 substitute 19 143 Functions of SEMSOG page 4 Emergencies Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 14 Section 143 2 omit 3 emergency management committee 4 substitute 5 SEMSOG 6 15 Section 143 (3) (b) 7 substitute 8 (b) to support the commissioner in emergency management, 9 including the preparation of the emergency plan or any part of 10 the plan; 11 16 Section 143 (3) (c) 12 omit 13 17 Sections 144 to 146 14 omit 15 18 Emergency plan 16 Section 147 (1) 17 omit 18 emergency management committee 19 substitute 20 the commissioner Emergencies Amendment Bill 2010 page 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 19 Section 147 (4) and (5) 2 omit 3 emergency management committee 4 substitute 5 the commissioner 6 20 Community and information plan 7 Section 149 (1) 8 omit 9 during a declared state of alert or state of emergency 10 substitute 11 during an emergency 12 21 Division 7.3.1 heading 13 substitute 14 Division 7.3.1 Application--pt 7.3 15 22 Section 150 heading 16 substitute 17 150 Application--pt 7.3 18 23 Section 150 19 omit 20 division 21 substitute 22 part page 6 Emergencies Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 24 New division 7.3.1A 2 after section 150, insert 3 Division 7.3.1A Emergency controller­­no declared 4 state of emergency 5 150A Appointment of emergency controller­­no declared state 6 of emergency 7 (1) This section applies if the Chief Minister is satisfied that­­ 8 (a) an emergency has happened, is happening or is likely to 9 happen; but 10 (b) it is not necessary to declare a state of emergency. 11 (2) The Chief Minister may appoint a person to be the emergency 12 controller for the emergency. 13 Note 1 For the making of appointments (including acting appointments), see 14 the Legislation Act, pt 19.3. 15 Note 2 In particular, an appointment may be made by naming a person or 16 nominating the occupant of a position (see Legislation Act, s 207). 17 (3) The Chief Minister must review the appointment of the emergency 18 controller not later than 48 hours after the appointment was made. 19 (4) Unless sooner revoked, the appointment ends­­ 20 (a) 7 days after the day the appointment was made; or 21 (b) if a state of emergency is declared. 22 (5) The Chief Minister may be satisfied that an emergency is likely to 23 happen if the Chief Minister is satisfied that an event that has 24 happened or is happening, or a circumstance that exists, gives rise to 25 the likelihood of an emergency. Emergencies Amendment Bill 2010 page 7 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 150B Functions of emergency controller--no declared state of 2 emergency 3 (1) An emergency controller appointed under section 150A for an 4 emergency has the following functions in relation to the emergency: 5 (a) to manage the response to, and the recovery from, the 6 emergency by ensuring that entities dealing with the 7 emergency are appropriately deployed; 8 (b) to coordinate the disposition of other resources to manage the 9 emergency; 10 (c) to advise the Minister and the Chief Minister about the 11 emergency; 12 (d) to advise the community on anything relating to the emergency 13 that the emergency controller considers appropriate; 14 (e) any other function given to the emergency controller under this 15 Act or another territory law. 16 (2) However, the Chief Minister may direct, in writing-- 17 (a) that the emergency controller is not to have a function (or part 18 of a function) mentioned in subsection (1); or 19 (b) that the emergency controller has another stated function. 20 Note A direction may be included in the instrument of appointment (see 21 Legislation Act, s 49). 22 (3) As far as practicable, the emergency controller must exercise the 23 emergency controller's functions in accordance with the emergency 24 plan. page 8 Emergencies Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 150C Emergency powers--no declared state of emergency 2 (1) This section applies if an emergency controller is appointed under 3 section 150A for an emergency. 4 (2) For the management of the emergency, the emergency controller 5 may­­ 6 (a) direct the movement of people, animals or vehicles within, into 7 or around the area to which the emergency applies (the 8 emergency area); and 9 (b) give directions regulating or prohibiting the movement of 10 people, animals or vehicles within, into or around the 11 emergency area; and 12 (c) direct, in writing, the owner of property in or near the 13 emergency area to place the property under the control, or at 14 the disposal, of an emergency controller; and 15 (d) take possession of any premises, animal substance or thing in 16 or near the emergency area; and 17 (e) excavate land, form tunnels or construct earthworks, barriers or 18 temporary structures in or near the emergency area; and 19 (f) control, use, close off or block a drainage facility in or near the 20 emergency area; and 21 (g) maintain, restore or prevent disruption of essential services; 22 and 23 (h) do anything else that the chief officer of an emergency service 24 may do under section 34 (General powers of chief officers). 25 Note A chief officer has a number of general powers including to enter land, 26 shut off a power or water supply, demolish or destroy a structure or 27 remove or destroy an animal. 28 (3) Subsection (1) operates despite any other territory law. Emergencies Amendment Bill 2010 page 9 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (4) However, the Chief Minister may direct, in writing-- 2 (a) that the emergency controller is not to have a power (or part of 3 a power) mentioned in subsection (1); or 4 (b) that the emergency controller has another stated power. 5 Note A direction may be included in the instrument of appointment (see 6 Legislation Act, s 49). 7 (5) The emergency controller may delegate a function mentioned in 8 subsection (1) to the head of an entity. 9 (6) A person who is delegated a function under subsection (5) may 10 delegate the function to another member, officer, employee or 11 contractor of the entity. 12 Note For the making of delegations and the exercise of delegated functions, 13 see the Legislation Act, pt 19.4. 14 (7) In this section: 15 owner, of property, includes an occupier or someone apparently in 16 charge of the property. 17 25 New division 7.3.1B heading 18 before section 151, insert 19 Division 7.3.1B Declared emergencies 20 26 Sections 159 and 160 21 omit 22 territory controller 23 substitute 24 emergency controller page 10 Emergencies Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 27 New division 7.3.1C heading 2 before section 161, insert 3 Division 7.3.1C General provisions applying if 4 emergency controller appointed 5 28 Section 161 heading 6 substitute 7 161 Management executive for emergency 8 29 Section 161 (1) to (4) 9 substitute 10 (1) As soon as possible after an emergency controller is appointed, the 11 emergency controller must establish a management executive for the 12 emergency. 13 (2) The management executive consists of people nominated by the 14 emergency controller and may include members of the SEMSOG. 15 (3) The management executive must provide support to the emergency 16 controller in the exercise of the emergency controller's functions. 17 (4) The emergency controller is not required to consult with the 18 management executive before exercising a function. 19 30 Section 162 20 substitute 21 162 Management of emergency 22 (1) For the management of an emergency for which an emergency 23 controller is appointed, the emergency controller may direct the 24 commissioner or the head of an entity to undertake response or 25 recovery operations. Emergencies Amendment Bill 2010 page 11 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (2) The emergency controller may not direct the person to undertake an 2 operation in a particular way. 3 31 Section 163 heading 4 substitute 5 163 Emergency powers--declared state of emergency 6 32 Section 163 7 omit 8 territory controller 9 substitute 10 emergency controller 11 33 Section 163 (as amended) 12 relocate to division 7.3.1B as section 160A 13 34 Failure to comply with direction given under emergency 14 powers 15 Section 164 (1) 16 omit 17 section 163 (2) (a), (b) or (c) 18 substitute 19 section 150C (2) (a), (b) or (c) or section 160A (2) (a), (b) or (c) page 12 Emergencies Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 35 Section 165 2 substitute 3 165 Chief Minister's directions to emergency controller 4 (1) The Chief Minister may give an emergency controller written 5 directions about the exercise of the controller's functions. 6 (2) The emergency controller must give effect to a direction. 7 36 Section 166 heading 8 substitute 9 166 Emergency controller to give information about 10 controller's operations 11 37 Section 166 12 omit 13 The territory controller 14 substitute 15 An emergency controller 16 38 Section 167 17 substitute 18 167 Deployment of resources outside ACT in emergency 19 During an emergency for which an emergency controller is 20 appointed, a person must not deploy Territory resources outside the 21 ACT, in relation to an emergency outside the ACT, without the 22 approval of the emergency controller. Emergencies Amendment Bill 2010 page 13 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 39 Power to remove person obstructing response 2 operations etc 3 Section 168 (1) 4 substitute 5 (1) If an emergency controller believes, on reasonable grounds, that a 6 person is obstructing, or threatening to obstruct, response or 7 recovery operations in an emergency, the controller may remove the 8 person to another place. 9 40 Section 169 heading 10 substitute 11 169 Compensation­­emergencies 12 41 Section 169 (1) 13 substitute 14 (1) A person who suffers loss because of an act or omission of an 15 emergency controller under section 150C (Emergency powers--no 16 declared state of emergency) or section 160A (Emergency powers-- 17 declared state of emergency) is entitled to be paid reasonable 18 compensation by the Territory for the loss. 19 42 Section 169 (3) 20 omit 21 territory controller 22 substitute 23 emergency controller page 14 Emergencies Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 43 Recovery of compensation in court 2 Section 172 3 omit 4 (Compensation­­declared state of emergency) 5 substitute 6 (Compensation­­emergencies) 7 44 Section 173 8 substitute 9 173 Application--div 7.3.2 10 This division applies to an emergency other than an emergency for 11 which an emergency controller is appointed. 12 45 Sections 177 to 179 13 omit 14 the territory controller 15 substitute 16 an emergency controller 17 46 Authorised person's power to require name and address 18 Section 196 19 omit 20 the territory controller 21 substitute 22 an emergency controller Emergencies Amendment Bill 2010 page 15 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 47 Compensation for exercise of functions etc 2 Section 199 (1) and note 3 substitute 4 (1) A person may claim compensation from the Territory if the person 5 suffers loss because of the exercise, or purported exercise, of a 6 function under this Act (other than under section 150C (Emergency 7 powers--no declared state of emergency) or section 160A 8 (Emergency powers­­declared state of emergency)). 9 Note For compensation for loss because of an act or omission under s 150C 10 or s 160A, see s 169. 11 48 New section 203 12 insert 13 203 Review of Act 14 (1) The Minister must review the operation of this Act as soon as 15 practicable after the end of every 5th year after the day this section 16 commences. 17 (2) The Minister must present a report on the review to the Legislative 18 Assembly within 3 months after the day the review is started. 19 49 Dictionary, new definition of emergency controller 20 insert 21 emergency controller means-- 22 (a) for a declared state of emergency--the person appointed under 23 section 159; and 24 (b) in any other case--the person appointed under section 150A. page 16 Emergencies Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 50 Dictionary, definition of emergency management, 2 paragraph (a) 3 substitute 4 (a) the assessment of hazards and emergency risks; and 5 51 Dictionary, definition of emergency management 6 committee 7 omit 8 52 Dictionary, new definition of SEMSOG 9 insert 10 SEMSOG­­see section 141. 11 53 Dictionary, definition of territory controller 12 omit Emergencies Amendment Bill 2010 page 17 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.1 Territory Records Regulation 2009 Amendment [1.1] 1 Schedule 1 Consequential amendments 2 (see s 3) 3 Part 1.1 Territory Records Regulation 4 2009 5 [1.1] Schedule 1, item 9 6 omit 7 [1.2] Schedule 1, new item 19A 8 insert 19A SEMSOG chief executive, Department of Justice and Community Safety 9 [1.3] Dictionary, definition of ACT Emergency Management 10 Committee 11 omit 12 [1.4] Dictionary, new definition of SEMSOG 13 insert 14 SEMSOG means the Security and Emergency Management Senior 15 Officials Group established under the Emergencies Act 2004, 16 section 141. page 18 Emergencies Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Utilities (Electricity Restrictions) Regulation 2004 Part 1.2 Amendment [1.5] 1 Part 1.2 Utilities (Electricity Restrictions) 2 Regulation 2004 3 [1.5] Section 3, note 1 4 substitute 5 Note 1 The dictionary at the end of this regulation defines certain terms used in 6 this regulation, and includes references (signpost definitions) to other 7 terms defined elsewhere. 8 For example, the signpost definition `emergency controller--see the 9 Emergencies Act 2004, dictionary' means that the term `emergency 10 controller' is defined in that dictionary and the definition applies to this 11 regulation. 12 [1.6] Section 12 13 omit 14 the territory controller 15 substitute 16 an emergency controller 17 [1.7] Dictionary, new definition of emergency controller 18 insert 19 emergency controller­­see the Emergencies Act 2004, dictionary. 20 [1.8] Dictionary, definition of territory controller 21 omit Emergencies Amendment Bill 2010 page 19 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.3 Utilities (Gas Restrictions) Regulation 2005 Amendment [1.9] 1 Part 1.3 Utilities (Gas Restrictions) 2 Regulation 2005 3 [1.9] Section 3, note 1 4 substitute 5 Note 1 The dictionary at the end of this regulation defines certain terms used in 6 this regulation, and includes references (signpost definitions) to other 7 terms defined elsewhere. 8 For example, the signpost definition `emergency controller--see the 9 Emergencies Act 2004, dictionary' means that the term `emergency 10 controller' is defined in that dictionary and the definition applies to this 11 regulation. 12 [1.10] Section 12 13 omit 14 the territory controller 15 substitute 16 an emergency controller 17 [1.11] Dictionary, note 2, 1st dot point 18 substitute 19 · chief executive (see s 163) 20 [1.12] Dictionary, new definition of emergency controller 21 insert 22 emergency controller­­see the Emergencies Act 2004, dictionary. 23 [1.13] Dictionary, definition of territory controller 24 omit page 20 Emergencies Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 Emergencies Amendment Bill 2010 page 21 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au