Australian Capital Territory Consolidated Acts

EMERGENCIES ACT 2004 - SECT 64

    (1)     This section applies if an interstate or overseas emergency service responds to an emergency or incident in the ACT.

    (2)     A member of the interstate or overseas emergency service has the functions of the chief officer of an emergency service in relation to the emergency or incident if—

        (a)     the member has charge of other members of the interstate or overseas emergency service; and

        (b)     no-one else present is, under this Act, in charge of the operations at the emergency or incident.

Note     Function includes authority, duty and power (see Legislation Act, dict, pt 1).

    (3)     If another person present at the emergency or incident is, under this Act, in charge of the operations, a member of the interstate or overseas emergency service must—

        (a)     comply with any direction given by the person in relation to the emergency or incident; and

        (b)     place any equipment in the member's charge at the disposal of the person.

Examples

1     An interstate fire brigade is at a fire in a built-up area and no-one else present is, under this Act, in charge of the firefighting operations. The member of the interstate fire brigade in charge of the brigade will have the functions of the chief officer (fire brigade) in relation to the fire.

2     An overseas fire brigade is at a fire in a rural area and members of the rural fire service are also at the fire. The overseas fire brigade must follow the directions of the person in charge of the rural fire service members and allow the rural fire service to use the brigade's equipment.

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)     This section is subject to any cooperative arrangement that applies to the interstate or overseas emergency service.

    (5)     In this section:

"incident" means a fire, an ambulance incident, a rescue or search incident, a hazardous material incident or any other incident to which, under this Act, an emergency service may respond.