EMERGENCIES ACT 2004
EMERGENCIES ACT 2004
TABLE OF PROVISIONS
Long Title
CHAPTER 1--PRELIMINARY
PART 1.1--PRELIMINARY
1. Name of Act
3. Objects of Act
4. Dictionary
5. Notes
6. Offences against Act—application of Criminal Code etc
PART 1.2--AREA CONCEPTS
6A. Meaning of built-up area
6B. Meaning of rural area
CHAPTER 2--EMERGENCY SERVICES COMMISSIONER
7. Emergency services commissioner
8. Commissioner's functions
8A. Directions by commissioner in relation to emergencies
9. Minister and emergency coordination
10. Asking advisory council's advice
11. Commissioner may make guidelines
12. Delegation by commissioner
13. Assistant emergency services commissioners
14. Assistant commissioners' functions
15. Delegation by assistant commissioners
CHAPTER 3--CHIEF OFFICERS
PART 3.1--CHIEF OFFICERS--APPOINTMENTS AND RESPONSIBILITIES
28. Chief officer—ambulance service
29. Chief officer—fire and rescue service
30. Chief officer—rural fire service
31. Chief officer—SES
32. Deputy chief officers
PART 3.2--CHIEF OFFICERS--FUNCTIONS AND POWERS
33. Functions of chief officers
34. General powers of chief officers
35. Directions by chief officer to service members
36. Chief officers to advise commissioner
37. Taking part in joint operations
38. Standards and protocols for the services
39. Delegations by chief officers
CHAPTER 4--THE EMERGENCY SERVICES
PART 4.1--THE AMBULANCE SERVICE
40. Establishment of ambulance service
41. Functions of ambulance service
42. Constitution of ambulance service
PART 4.2--FIRE AND RESCUE SERVICE
Division 4.2.1--Fire and rescue service
43. Establishment of fire and rescue service
44. Functions of fire and rescue service
45. Constitution of fire and rescue service
46. Ranks for fire and rescue service members
Division 4.2.2--Community fire units
47. Establishment of community fire units
48. Appointment of members of units
49. Objects and functions of community fire units
50. Training and equipment for community fire units
PART 4.3--THE RURAL FIRE SERVICE
51. Establishment of rural
52. Functions of rural fire service
53. Constitution of rural fire service
54. Rural fire brigades
55. Ranks for rural fire service members
PART 4.4--THE STATE EMERGENCY SERVICE (SES)
56. Establishment of SES
57. Functions of SES
58. Constitution of SES
59. SES operational units
59A. Ranks for SES members
PART 4.5--VOLUNTEERS
59B. Appointment of volunteer members
59C. Volunteer appointments in accordance with guidelines
59CA. Appointment of emergency services support volunteers
59D. Casual volunteers
PART 4.6--OTHER APPROVED PROVIDERS
60. Definitions—pt 4.6
61. Approval of person to provide services
62. Decision about approval
63. Offence to provide emergency services without approval
PART 4.7--SERVICES FROM OUTSIDE ACT
64. Interstate and overseas emergency services
CHAPTER 5--FIRE MANAGEMENT
PART 5.2--FIRE RESPONSE AND CONTROL
67. Fires in built-up area
68. Fires in rural areas
69. Securing area at or after fire
PART 5.3--BUSHFIRE PREVENTION
70. Definitions for pt 5.3
71. Commissioner may declare bushfire abatement zone
72. Strategic bushfire management plan
73. Bushfire management plan committee
74. Content of strategic bushfire management plan
75. Public consultation for strategic bushfire management plan
76. Assessment of resources and capabilities
77. Compliance with strategic bushfire management plan
77A. Inconsistency between strategic bushfire management plan and public land management
77B. Commissioner may make bushfire management standards
78. Bushfire operational plans
80. Review of strategic bushfire management plan
81. Directions by Minister to manager of land
82. Directions by commissioner to owner of land
83. Failure to comply with direction
84. Fire fuel reduction
PART 5.4--FIRE PREVENTION--PREMISES
Division 5.4.1--Notices and directions for premises
85. Meaning of relevant chief officer—div 5.4.1
86. Notices for premises
87. Improvement notices
88. Occupancy notices
89. Closure notices
90. Display of
91. Ending of notices for premises
92. Direction to provide fire appliance at
Division 5.4.2--Offences relating to premises
93. Failure to display improvement notice etc
94. Failure to comply with
95. Offences about fire appliances
96. Obstruction of passageway, door etc
97. Offence to store etc flammable material to cause danger
PART 5.5--INSPECTORS AND INVESTIGATORS
Division 5.5.1--Definitions for pt 5.5
98. Definitions for pt 5.5
Division 5.5.2--Appointment and general powers
99. Appointment of inspectors
100. Appointment of investigators
101. General powers of inspectors and investigators
102. Contravention of requirement by inspector or investigator
Division 5.5.3--Inspectors
103. Inspector may enter land
104. Inspector may enter premises
105. Enforcement of improvement, occupancy and closure notices
106. Direction to remove flammable material
107. Contravention of direction to remove flammable material
108. Emergency direction to remove flammable
109. Directions to comply with fire prevention obligations etc
110. Contravention of direction
Division 5.5.4--Investigators
111. Investigator may enter land or premises
112. Investigation of fires
113. Investigator's power to require name and address
PART 5.6--TOTAL FIRE BAN, CONTROLLED ACTIVITIES, RELATED OFFENCES AND FIRE PERMITS
Division 5.6.1A--Definitions—pt 5.6
113A. Definitions—pt 5.6
Division 5.6.1--Total fire bans
114. Declaration of total fire ban
115. Publication of total fire ban
116. Offence—lighting etc fire during total fire ban
116A. Offence—high risk activity during total fire ban
117. Declaration of exempt fires
Division 5.6.2--Controlled activities and offences relating to fire
119. Bushfire season
120. Fire prevention—obligations of rural land owners
121. Notification of fire etc—obligations of owners or occupiers of rural
122. Using fires and appliances for cooking etc in open air
123. Lighting fires for burning off
125. Offence—lighting unauthorised fire
126. Offence—leaving fire without extinguishing it
Division 5.6.3--Fire permits
126A. Commissioner may issue fire permit
126B. Operation of fire permit
CHAPTER 6--MULTI-HAZARD ADVISORY COUNCIL
127. Establishment of multi-hazard advisory council
128. Constitution of advisory council
129. Advisory council members
130. Functions of advisory council
131. Director-general to give support to advisory council
132. Ending of advisory council members' appointments
133. Advisory council terms of reference and procedures
134. Disclosure of interests by advisory council members
135. Reporting of disclosed interests to Minister
CHAPTER 7--EMERGENCY MANAGEMENT
PART 7.1--SECURITY AND EMERGENCY MANAGEMENT SENIOR OFFICIALS GROUP
141. Security and Emergency Management Senior Officials Group
142. Constitution of SEMSOG
143. Functions of SEMSOG
PART 7.2--EMERGENCY PLAN
147. Emergency plan
148. Emergency sub-plans
149. Community communication and information plan
149A. Preparation of community communication and information plan
149B. Communicating information about emergencies
PART 7.3--MANAGEMENT OF EMERGENCIES
Division 7.3.1--Application—pt 7.3
150. Application—pt 7.3
Division 7.3.1A--Emergency controller and deputy emergency controller
150A. Appointment of emergency controller
150B. Functions of emergency controller
150C. Emergency powers of emergency controller
150CA. Appointment of deputy emergency controller
150CB. Functions of deputy emergency controller
Division 7.3.1B--Declared emergencies
151. Declaration of state of alert
152. Declaration of state of alert commences immediately
153. Publication of state of alert declaration
154. Minister to give reports to community during state of alert
155. State of emergency ends state of alert
156. Declaration of state of emergency
157. Declaration of state of emergency commences immediately
158. Publication of declaration of state of emergency
Division 7.3.1C--General provisions applying if emergency controller appointed
161. Management executive for emergency
162. Management of emergency
164. Failure to comply with direction given under emergency powers
165. Chief Minister's directions to emergency controller
166. Emergency controller to give information about controller's
166A. Emergency controller to advise Chief Minister and Minister
166B. Revocation of state of alert and state of emergency declarations and appointment of
167. Deployment of resources outside ACT in emergency
168. Power to remove person obstructing response operations etc
169. Compensation—emergencies
170. Minister's decision on claim for compensation
171. Acceptance or rejection of offer of compensation
172. Recovery of compensation in court
Division 7.3.2--Other emergencies
173. Application—div 7.3.2
174. Commissioner must assist recovery for other emergencies
Division 7.3.3--Recovery coordinator
174A. Meaning of territory agency—div 7.3.3
174B. Appointment of recovery coordinator
174C. Functions of recovery coordinator
PART 7.4--COMMONWEALTH, INTERSTATE AND OVERSEAS COOPERATION
175. Definitions for pt 7.4
176. Cooperative arrangements with Commonwealth, State or overseas agencies
177. Cooperative arrangements about resources
178. Directions to people operating under cooperative arrangement
179. Directions by authorised person to people operating under cooperative
180. Recognition of interstate qualifications
PART 7.5--EMERGENCY RELIEF FUNDS
181. Emergency relief funds
182. Gifts and donations
CHAPTER 8--VOLUNTEERS
182A. Definitions—ch 8
182B. Emergency operation notice
183. Victimisation of volunteers
184. Release of volunteer member from operations
CHAPTER 9--NOTIFICATION AND REVIEW OF DECISIONS
185. Meaning of reviewable decision—ch 9
186. Reviewable decision notices
187. Applications for review
CHAPTER 10--MISCELLANEOUS
PART 10.1--OTHER OFFENCES RELATING TO FIRES
188. Lighting a fire dangerous to premises
189. Direction to leave fire area
190. Interfering with fire appliance, hydrant, alarm etc
191. False alarm of fire, emergency or other incident
PART 10.2--OTHER MISCELLANEOUS PROVISIONS
192. Obligations of owners and occupiers
193. Policies of insurance against fire
194. Ambulance levy
195. Ambulance fund
195A. Establishment of ambulance service quality assurance committee
196. Authorised person's power to require name and address
197. Identity cards
198. Protection of officials from liability
199. Compensation for exercise of functions etc
200. Approved forms
201. Determination of fees
202. Regulation-making power
203. Review of Act
SCHEDULE 1
SCHEDULE 1A
SCHEDULE 2
DICTIONARY
ENDNOTES