Australian Capital Territory Numbered Acts

EMERGENCIES ACT 2004 (NO 28 OF 2004)

TABLE OF PROVISIONS

           Long Title

CHAPTER 1--PRELIMINARY

   1.      Name of Act  
   2.      Commencement  
   3.      Objects of Act  
   4.      Dictionary  
   5.      Notes  
   6.      Offences against Act—application of Criminal Code etc  

CHAPTER 2--THE AUTHORITY AND COMMISSIONER

   PART 2.1--EMERGENCY SERVICES AUTHORITY

   7.      Establishment of authority  
   8.      Powers of authority  

   PART 2.2--FUNCTIONS OF AUTHORITY

   9.      Authority functions  
   10.     Authority to advise Minister  
   11.     Asking bushfire council's advice  
   12.     Authority may make guidelines  
   13.     Delegations by authority  

   PART 2.3--OPERATIONS OF AUTHORITY

   14.     Authority to comply with directions  
   15.     Ministerial directions to authority  
   16.     Reports by authority to Minister  
   17.     Authority's annual report  

   PART 2.4--EMERGENCY SERVICES COMMISSIONER

   18.     Appointment of commissioner  
   19.     Functions of commissioner  
   20.     Commissioner's employment conditions  
   21.     Ending commissioner's appointment  

   PART 2.5--AUTHORITY STAFF, VOLUNTEERS AND CONSULTANTS

   22.     Authority staff  
   23.     Agreement for use of other government staff etc  
   24.     Appointment of volunteer members  
   25.     Volunteer appointments in accordance with guidelines  
   26.     Casual volunteers  
   27.     Authority consultants  

CHAPTER 3--CHIEF OFFICERS

   PART 3.1--CHIEF OFFICERS--APPOINTMENTS AND RESPONSIBILITIES

   28.     Chief officer—ambulance service  
   29.     Chief officer—fire brigade  
   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 authority  
   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--THE FIRE BRIGADE

           Division 4.2.1--Fire brigade

   43.     Establishment of fire brigade  
   44.     Functions of fire brigade  
   45.     Constitution of fire brigade  
   46.     Ranks for fire brigade 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  

   PART 4.5--OTHER APPROVED PROVIDERS

   60.     Definitions for pt 4.5  
   61.     Approval of person to provide services  
   62.     Decision about approval  
   63.     Offence to provide emergency services without approval  

   PART 4.6--SERVICES FROM OUTSIDE ACT

   64.     Interstate and overseas emergency services  

CHAPTER 5--FIRE MANAGEMENT

   PART 5.1--INTERPRETATION FOR CH 5

   65.     What is a built-up area and a rural area?  
   66.     What is the city area?  

   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.     Authority 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.     Effect of strategic bushfire management plan  
   78.     Bushfire operational plans—Territory  
   79.     Bushfire operational plans—bushfire abatement  
   80.     Review of strategic bushfire management plan  
   81.     Directions by Minister to manager of land  
   82.     Directions by authority to owner of land  
   83.     Failure to comply with direction  
   84.     Fire fuel reduction  
   85.     Annual reports of agencies  

   PART 5.4--FIRE PREVENTION--PREMISES

           Division 5.4.1--Notices and directions for premises

   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 BANS, CONTROLLED ACTIVITIES AND RELATED OFFENCES

           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  
   117.    Declaration of exempt fires  
   118.    Fire permits  

           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  
   124.    Permits for div 5.6.2  
   125.    Offence—lighting unauthorised fire  
   126.    Offence—leaving fire without extinguishing it  

CHAPTER 6--THE BUSHFIRE COUNCIL

   127.    Establishment of bushfire council  
   128.    Constitution of bushfire council  
   129.    Bushfire council members  
   130.    Functions of bushfire council  
   131.    Authority to give support to bushfire council  
   132.    Ending of bushfire council members' appointments  
   133.    Calling bushfire council meetings  
   134.    Bushfire council meetings  
   135.    Minimum number for bushfire council meetings  
   136.    Voting at bushfire council meetings  
   137.    Bushfire council resolutions  
   138.    Minutes of bushfire council proceedings  
   139.    Disclosure of interests by bushfire council members  
   140.    Reporting of disclosed interests to Minister  

CHAPTER 7--EMERGENCY MANAGEMENT

   PART 7.1--EMERGENCY MANAGEMENT COMMITTEE

   141.    Establishment of committee  
   142.    Constitution of committee  
   143.    Functions of committee  
   144.    Calling committee meetings  
   145.    Committee meetings  
   146.    Minimum number for committee meetings  

   PART 7.2--EMERGENCY PLAN

   147.    Emergency plan  
   148.    Content of emergency plan  
   149.    Community and information plan  

   PART 7.3--MANAGEMENT OF EMERGENCIES

           Division 7.3.1--Declared emergencies

   150.    Application of div 7.3.1  
   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 emergency  
   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  
   159.    Appointment of Territory controller for declared state of emergency  
   160.    Functions of Territory controller  
   161.    Management executive for declared state of emergency  
   162.    Management of declared state of emergency  
   163.    Emergency powers for declared state of emergency  
   164.    Failure to comply with direction given under emergency powers  
   165.    Chief Minister's directions to Territory controller  
   166.    Territory controller to give information about controller's  
   167.    Deployment of resources outside ACT in declared state of emergency  
   168.    Power to remove person obstructing response operations etc  
   169.    Compensation—declared state of emergency  
   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 of div 7.3.2  
   174.    Authority must assist recovery for other emergencies  

   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

   183.    Victimisation of volunteers  
   184.    Release of volunteer member from operations  

CHAPTER 9--ADMINISTRATIVE REVIEW OF DECISIONS

   185.    Reviewable decisions and eligible people  
   186.    Notice of reviewable decisions  
   187.    Review of decisions by AAT  

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  
   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  

CHAPTER 11--CONSEQUENTIAL AND TRANSITIONAL MATTERS

   PART 11.1--REPEALS

   203.    Legislation repealed  

   PART 11.2--TRANSITIONAL PROVISIONS

           Division 11.2.1--Definitions for pt 11.2

   204.    Definitions for pt 11.2  

           Division 11.2.2--Emergency management committee

   205.    Committee members  

           Division 11.2.3--Bushfire council

   206.    Council members  

           Division 11.2.4--Former bushfire council—assets, rights and liabilities

   207.    Vesting of assets, rights and liabilities  
   208.    Registration of changes in ownership of certain assets  
   209.    Evidentiary certificate for vested assets and liabilities  
   210.    Proceedings and evidence  

           Division 11.2.5--Members of fire brigade

   211.    Fire Brigade (Administration) Act  
   212.    References to staff of authority  

           Division 11.2.6--Emergency Services Commissioner

   213.    Appointment of emergency services commissioner  

           Division 11.2.7--Other provisions

   214.    References to Bushfire Act etc  
   215.    Transitional regulations  
   216.    Legislation amended—sch 3  
   217.    Expiry of ch 11  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           DICTIONARY
           ENDNOTES