EMERGENCY MANAGEMENT ACT 2005

Table of Provisions

• Long Title

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Terms used
 
• 4 Hazard management agencies may be prescribed
 
• 5 Delegation by hazard management agency
 
• 6 Combat agencies and support organisations may be prescribed
 
• 7 Act binds the Crown
 
• 8 Relationship to other Acts
 
• 9 Limitation on Act -- industrial disputes and civil disturbances

PART 2 -- State arrangements

Division 1 -- The State Emergency Coordinator  

• 10 State Emergency Coordinator
 
• 11 Functions of the State Emergency Coordinator
 
• 12 Delegation by State Emergency Coordinator

Division 2 -- The State Emergency Management Committee  

• 13 State Emergency Management Committee
 
• 14 Functions of the SEMC
 
• 15 Powers of the SEMC
 
• 16 Designation of cyclone areas
 
• 17 State emergency management policies
 
• 18 State emergency management plans
 
• 19 Reviewing State emergency management policies and State emergency management plans
 
• 20 Directions to, and duties of, public authorities
 
• 21 Sub-committees
 
• 22 SEMC may delegate
 
• 23 Minister may give directions
 
• 24 Facilities and services for SEMC
 
• 25 Annual report of SEMC

Division 3 -- The State Emergency Coordination Group  

• 26 State Emergency Coordination Group
 
• 27 Functions of the State Emergency Coordination Group

Division 4 -- Emergency management districts  

• 28 Establishment of emergency management districts
 
• 29 District emergency coordinator
 
• 30 Functions of district emergency coordinator
 
• 31 District emergency management committees
 
• 32 Functions of district emergency management committees
 
• 33 Annual report of district emergency management committees

PART 3 -- Local arrangements

Division 1 -- Local emergency authorities  

• 34 Local governments may combine
 
• 35 Specified public authority may exercise functions of local government
 
• 36 Functions of local government
 
• 37 Local emergency coordinators
 
• 38 Local emergency management committees
 
• 39 Functions of local emergency management committees
 
• 40 Annual report of local emergency management committee

Division 2 -- Emergency management arrangements for local governments  

• 41 Emergency management arrangements in local government district
 
• 42 Reviewing and renewing local emergency management arrangements
 
• 43 Local emergency management arrangements to be available for inspection

Division 3 -- Powers of local government during cyclone  

• 44 Term used: cyclone area
 
• 45 Exercise of powers under this Division
 
• 46 Power of local government to destroy dangerous vegetation or premises in cyclone area
 
• 47 Local government may require owner or occupier of land to take action
 
• 48 Additional powers when direction given
 
• 49 Provisions are in addition to other powers

PART 4 -- Hazard management

Division 1 -- Emergency situation declaration  

• 50 State Emergency Coordinator or hazard management agency may make emergency situation declaration
 
• 51 Duration of emergency situation declaration
 
• 52 Extension of emergency situation declaration
 
• 53 Revocation of emergency situation declaration
 
• 54 Notice of declaration

Division 2 -- Hazard management officers  

• 55 Authorisation of hazard management officers

PART 5 -- State of emergency

Division 1 -- State of emergency declaration  

• 56 Minister may make state of emergency declaration
 
• 57 Duration of state of emergency declaration
 
• 58 Extension of state of emergency declaration
 
• 59 Revocation of state of emergency declaration
 
• 60 Notice of declaration

Division 2 -- Authorised officers  

• 61 Authorised officers
 
• 62 Identification of authorised officers

Division 3 -- The State Disaster Council  

• 63 State Disaster Council
 
• 64 Functions of the State Disaster Council

PART 6 -- Emergency powers

Division 1 -- Powers during emergency situation or state of emergency  

• 65 Application of this Division
 
• 66 Obtaining identifying particulars
 
• 67 Powers concerning movement and evacuation
 
• 68 Use of vehicles
 
• 69 Powers of officer to control or use property
 
• 70 Powers of officers in relation to persons exposed to hazardous substances
 
• 70A Electronic monitoring of persons in quarantine
 
• 71 Powers of police to direct closure of places and concerning movement and evacuation
 
• 72 Exchange of information

Division 1A -- Temporary powers during state of emergency in relation to COVID  

• 72A General powers during state of emergency in relation to COVID

Division 2 -- Further powers during state of emergency  

• 73 Application of this Division
 
• 74 Power to direct public authorities during state of emergency
 
• 75 General powers during a state of emergency
 
• 76A Manufacture, supply and prescription of poisons

Division 3 -- General provisions  

• 76 General provisions regarding powers
 
• 77 General provisions regarding directions

PART 6A -- Temporary provisions for management of COVID-19

Division 1 -- Preliminary  

• 77A Overview of PART
 
• 77B Terms used

Division 2 -- Power to make COVID-19 declaration  

• 77C State Emergency Coordinator may make COVID-19 declaration
 
• 77D Duration of COVID-19 declaration
 
• 77E Extension of COVID-19 declaration
 
• 77F Revocation of COVID-19 declaration
 
• 77G Consultation with and advice from Chief Health Officer
 
• 77H Publication of notice of declaration and advice

Division 3 -- Authorised COVID-19 officers  

• 77I Authorised COVID-19 officers

Division 4 -- Powers during COVID-19 declaration  

• 77J Matters that may be taken into account and consultation
 
• 77K Obtaining identifying particulars
 
• 77L Powers concerning movement and evacuation
 
• 77M Powers to control and use property and related powers
 
• 77N Powers of officers in relation to persons exposed to SARS-CoV-2 virus
 
• 77O Powers of police to direct closure of places and concerning movement and evacuation
 
• 77P Exchange of information
 
• 77Q General powers during COVID-19 declaration
 
• 77R Powers under this Division cannot be exercised to effect interstate border closure

Division 5 -- Miscellaneous  

• 77S General provisions regarding powers
 
• 77T General provisions regarding directions
 
• 77U Establishment of State Emergency Coordination Group for COVID
 
• 77V Continuation of State Disaster Council for COVID
 
• 77W Modification of State and local arrangements
 
• 77X Modification of other provisions of this Act

PART 7 -- Compensation and insurance

Division 1 -- Compensation  

• 78 Entitlement to compensation
 
• 79 Applying for compensation
 
• 80 Lapsing of application
 
• 81 Notice of decision
 
• 82 Funding of compensation

Division 2 -- Review  

• 83 Review of compensation decision

Division 3 -- Policies of insurance  

• 84 Extension of policy of insurance

PART 8 -- Offences  

• 85 Obstruction of a hazard management officer or authorised officer
 
• 86 Failure to comply with direction
 
• 87 Failure to give help
 
• 88 Impersonation of hazard management officer or authorised officer
 
• 89 False or misleading information
 
• 90 False compensation claim

PART 9 -- Employment protection  

• 91 Terms used
 
• 92 Protection of employment rights
 
• 93 Victimisation because of emergency management response
 
• 94 Civil penalty for breach of section

PART 10 -- Miscellaneous  

• 94A Powers under other written laws do not affect whether declarations can be made
 
• 95 Confidentiality of information
 
• 96 Expenses
 
• 97 Bodies corporate or employers, conduct on behalf of
 
• 98 Liability of officers for offence by body corporate
 
• 99 Evidentiary matters
 
• 100 Protection from liability
 
• 101 Regulations as to compensation of volunteers
 
• 102 Regulations
 
• 103 Review of Act
  Uncommenced provisions table   Other notes Defined terms