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EMERGENCY MANAGEMENT ACT 2004 - SECT 37

EMERGENCY MANAGEMENT ACT 2004 - SECT 37

37—State Emergency Relief Fund

        (1)         The State Disaster Relief Fund continues in existence as the State Emergency Relief Fund (the "fund").

        (2)         Any money received by the Minister for the relief of persons who suffer injury, loss or damage as a result of a declared emergency or proclaimed situation, or otherwise to assist communities adversely affected by the impact of a declared emergency or proclaimed situation (in response to a public appeal), must be paid into the fund.

        (3)         The Minister may appoint a committee of persons to administer the fund.

        (4)         A committee appointed for the purposes of this section will administer the fund subject to the directions of the Governor.

        (5)         Subject to this section, no money received by the fund in respect of a particular declared emergency or proclaimed situation may be disbursed otherwise than to, or for the purpose of the relief of, persons who suffered injury, loss or damage as a result of that declared emergency or proclaimed situation, or to assist communities adversely affected by that declared emergency or proclaimed situation.

        (6)         If the committee is satisfied that it has made sufficient payment to persons or communities on account of a particular declared emergency or proclaimed situation, the committee may, with the approval of the Governor, leave the balance of the money in the fund to be applied under this section for the purpose of responding to some future declared emergency or proclaimed situation.

        (7)         Where the committee is of the opinion that a person who suffered injury, loss or damage as a result of a declared emergency or proclaimed situation has been overcompensated for that injury, loss or damage by reason of being paid—

            (a)         money from the fund; and

            (b)         damages or compensation from another source,

the committee may, by notice in writing given personally or by post to the person, require the person to pay to the fund the amount of the overcompensation as determined by the committee and specified in the notice.

        (8)         A person who is given a notice under subsection (7) is liable to pay to the fund, as a debt due to the Crown, the amount specified in the notice within the time specified in the notice (being a period of not less than one month from the day on which the notice is given).

        (9)         Money paid to the fund pursuant to subsection (8) may be disbursed for the purpose of responding to the declared emergency or proclaimed situation in respect of which the money was first paid, or for the purpose of responding to a future declared emergency or proclaimed situation.

        (10)         No money in the fund may be used to defray the administrative costs of administering the fund.

        (11)         In this section—

"declared emergency" means an emergency in respect of which a declaration under this Act has been made;

"proclaimed situation" means a situation or circumstance that is within the ambit of a proclamation made by the Governor for the purposes of this section.

        (12)         A proclamation made for the purposes of the definition of "proclaimed situation"—

            (a)         may apply by reference to any factor specified by the proclamation, including by limiting the scope of the proclamation by area or a period of time; and

            (b)         may, from time to time as the Governor thinks fit, be varied or substituted by a new proclamation.