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This is a Bill, not an Act. For current law, see the Acts databases.
2020
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Police and Emergency Services)
Contents
Page
2020
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Police and Emergency Services)
Emergencies Amendment Bill 2020
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Emergencies Amendment Act 2020
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
.
Note This Act also amends other legislation (see sch 1).
substitute
Division 7.3.1A Emergency controller and deputy emergency controller
substitute
150A Appointment of emergency controller
(1) This section applies if the Chief Minister—
(a) is satisfied that––
(i) an emergency has happened, is happening or is likely to happen; but
(ii) it is not necessary to declare a state of emergency; or
(b) declares that a state of emergency exists in relation to an emergency.
(2) The Chief Minister—
(a) for subsection (1) (a)—may appoint a person to be the emergency controller for the emergency; and
(b) for subsection (1) (b)—must appoint a person to be the emergency controller for the declared state of emergency.
Note 1 For the making of appointments (including acting appointments),
see the
, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see
, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act
, s 207).
Note 3 If the Chief Minister is absent from duty or otherwise unable
to exercise the powers of Chief Minister, the Deputy Chief Minister acts as
Chief Minister (see
(Cwlth), s 44).
(3) The
, division 19.3.3 (Appointments—Assembly consultation) does not apply to an appointment under this section.
(4) The appointment of the emergency controller for an emergency under subsection (1) (a) must be for a term of not longer than 28 days.
Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act
, s 208 and dict, pt 1, def appoint).
(5) If a person is appointed as the emergency controller for an emergency under subsection (1) (a) and the Chief Minister declares a state of emergency in relation to the emergency, the person is taken to be appointed under subsection (2) (b) as the emergency controller for the declared state of emergency.
(6) However, the Chief Minister may appoint someone else under subsection (2) (b) to be the emergency controller for the declared state of emergency.
(7) The appointment of a person as the emergency controller—
(a) for an emergency under subsection (1) (a)—ends on the earliest of the following occurring:
(i) the appointment is revoked;
(ii) the person is taken to be the emergency controller for a declared state of emergency under subsection (5);
(iii) another person is appointed to be the emergency controller for a declared state of emergency as mentioned in subsection (6);
(iv) the term of the appointment ends; or
(b) for a declared state of emergency under subsection (1) (b)—ends if the appointment is revoked.
(8) The Chief Minister may be satisfied that an emergency is likely to happen if the Chief Minister is satisfied that an event that has happened or is happening, or a circumstance that exists, gives rise to the likelihood of an emergency.
6 Sections 150B and 150C headings
substitute
150B Functions of emergency controller
150C Emergency powers of emergency controller
omit
an emergency controller
substitute
the emergency controller
8 Section 150C (2) (d), new example
before the note, insert
Example—information
personal health information or a health record
omit
animal substance
substitute
animal, substance
10 New sections 150CA and 150CB
in division 7.3.1A, insert
150CA Appointment of deputy emergency controller
(1) This section applies if the Chief Minister—
(a) is satisfied that––
(i) an emergency has happened, is happening or is likely to happen; but
(ii) it is not necessary to declare a state of emergency; or
(b) declares that a state of emergency exists in relation to an emergency.
(2) The Chief Minister may appoint a person to be the deputy emergency controller for the emergency or declared state of emergency.
Note 1 For the making of appointments (including acting appointments),
see the
, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see
, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act
, s 207).
Note 3 If the Chief Minister is absent from duty or otherwise unable
to exercise the powers of Chief Minister, the Deputy Chief Minister acts as
Chief Minister (see
(Cwlth), s 44).
(3) The
, division 19.3.3 (Appointments—Assembly consultation) does not apply to an appointment under this section.
(4) The appointment of the deputy emergency controller for an emergency under subsection (1) (a) must be for a term of not longer than 28 days.
Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act
, s 208 and dict, pt 1, def appoint).
(5) If a person is appointed as the deputy emergency controller for an emergency under subsection (1) (a) and the Chief Minister declares a state of emergency in relation to the emergency, the person is taken to be appointed under subsection (2) as the deputy emergency controller for the declared state of emergency.
(6) However, the Chief Minister may appoint someone else under subsection (2) to be the deputy emergency controller for the declared state of emergency.
(7) The Chief Minister may appoint a person to be the deputy emergency controller only if the person has the management, professional and technical expertise to exercise the deputy emergency controller’s functions mentioned in section 150CB.
(8) The Chief Minister must consult the following people before appointing a person to be the deputy emergency controller for the emergency or declared state of emergency:
(a) if an emergency controller for the emergency has been appointed under section 150A—the emergency controller;
(b) if an emergency controller for the emergency has not been appointed under section 150A or will be appointed at the same time as the deputy emergency controller—the Minister, SEMSOG or both.
(9) The appointment of a person as the deputy emergency controller—
(a) for an emergency under subsection (1) (a)—ends on the earliest of the following occurring:
(i) the appointment is revoked;
(ii) the person is taken to be the deputy emergency controller for a declared state of emergency under subsection (5);
(iii) another person is appointed to be the deputy emergency controller for a declared state of emergency as mentioned in subsection (6);
(iv) the term of the appointment ends;
(v) the appointment of the emergency controller is revoked; or
(b) for a declared state of emergency under subsection (1) (b)—ends if the appointment of the emergency controller is revoked.
(10) The Chief Minister may be satisfied that an emergency is likely to happen if the Chief Minister is satisfied that an event that has happened or is happening, or a circumstance that exists, gives rise to the likelihood of an emergency.
150CB Functions of deputy emergency controller
The functions of the deputy emergency controller for an emergency are—
(a) to support the emergency controller for the emergency to perform the emergency controller’s functions mentioned in section 150B during the emergency, as directed by the emergency controller; and
(b) if the emergency controller for the emergency is unavailable or is, for any other reason, unable to perform the functions of the emergency controller during the emergency—to act as the emergency controller.
Note A person acting in a position under a standing acting arrangement has all the functions (including authorities, duties and powers) of the occupant of the position (in this case, the emergency controller)—see the Legislation Act
, s 225B.
omit
12 Failure to comply with direction
given under emergency powers
Section 164 (1)
omit
or section 160A (2) (a), (b), (c) or (d)
insert
166A Emergency controller to advise Chief Minister and Minister
(1) The emergency controller for an emergency must advise the Chief Minister and the Minister at least every 7 days about—
(a) the status of the emergency; and
(b) if a state of alert is declared for the emergency—whether the emergency controller considers the declaration of the state of alert is still justified; and
(c) if a state of emergency is declared for the emergency—whether the emergency controller considers the declaration of the state of emergency is still justified; and
(d) whether the emergency controller considers the appointment of the emergency controller is still justified having regard to the status of the emergency.
(2) A failure by the emergency controller to comply with subsection (1) (b), (c) or (d), does not affect the validity of the corresponding declaration under subsection (1) (b) or (c), or appointment under subsection (1) (d).
166B Revocation of state of alert and state of emergency declarations and appointment of emergency controller
(1) The Minister must revoke a declaration of a state of alert, if the Minister decides, after taking into account any advice of the emergency controller under section 166A (1) (b), that the state of alert is no longer justified.
(2) The Chief Minister must revoke a declaration of a state of emergency, if the Chief Minister decides, after taking into account any advice of the emergency controller under section 166A (1) (c), that the state of emergency is no longer justified.
(3) The Chief Minister must revoke the appointment of the emergency controller if the Chief Minister decides, after taking into account any advice of the emergency controller under section 166A (1) (d), that the appointment is no longer justified.
14 Compensation—emergencies
Section
169 (1)
omit
section 150C (Emergency powers—no declared state of emergency) or section 160A (Emergency powers—declared state of emergency)
substitute
section 150C (Emergency powers of emergency controller)
15 Compensation for exercise of
functions etc
Section 199 (1)
omit
section 150C (Emergency powers—no declared state of emergency) or section 160A (Emergency powers—declared state of emergency)
substitute
section 150C (Emergency powers of emergency controller)
omit
or s 160A
17 Dictionary, new definition of deputy emergency controller
insert
deputy emergency controller means the person appointed under section 150CA (2).
18 Dictionary, definition of emergency controller
substitute
emergency controller means the person appointed under section 150A (2).
Schedule 1 Consequential amendments
(see s 3)
Part 1.1 Environment Protection Act 1997
[1.1] Section 6 (2), new definition of emergency controller
insert
emergency controller—see the Emergencies Act 2004
, dictionary.
[1.2] Section 6 (2), definition of relevant person, new paragraph (aa)
before paragraph (a), insert
(aa) an emergency controller; or
[1.3] Section 6 (2), definition of relevant person, new paragraph (e) (ia)
before paragraph (e) (i), insert
(ia) an emergency controller; or
Part 1.2 Fuels Rationing Act 2019
[1.4] Section 16 (2), definition of relevant person, paragraph (a)
substitute
(a) an emergency controller; or
[1.5] Section 16 (2), definition of relevant person, paragraph (f) (i)
substitute
(i) an emergency controller; or
[1.6] Section 7 (2), new definition of emergency controller
insert
emergency controller—see the Emergencies Act 2004
, dictionary.
[1.7] Section 7 (2), definition of relevant person, new paragraph (aa)
before paragraph (a), insert
(aa) an emergency controller; or
[1.8] Section 7 (2), definition of relevant person, new paragraph (e) (ia)
before paragraph (e) (i), insert
(ia) an emergency controller; or
[1.9] Section 7 (2), new definition of emergency controller
insert
emergency controller—see the Emergencies Act 2004
, dictionary.
[1.10] Section 7 (2), definition of relevant person, new paragraph (aa)
before paragraph (a), insert
(aa) an emergency controller; or
[1.11] Section 7 (2), definition of relevant person, new paragraph (e) (ia)
before paragraph (e) (i), insert
(ia) an emergency controller; or
Part 1.5 Nature Conservation Act 2014
[1.12] Section 7 (2), new definition of emergency controller
insert
emergency controller—see the Emergencies Act 2004
, dictionary.
[1.13] Section 7 (2), definition of relevant person, new paragraph (aa)
before paragraph (a), insert
(aa) an emergency controller; or
[1.14] Section 7 (2), definition of relevant person, new paragraph (e) (ia)
before paragraph (e) (i), insert
(ia) an emergency controller; or
Part 1.6 Retirement Villages Act 2012
[1.15] Sections 107 (3A) (b) (i), note and 159 (2A) (b) (i), note
omit
s 160A
substitute
s 150C
Part 1.7 Tree Protection Act 2005
[1.16] Section 19 (2), new definition of emergency controller
insert
emergency controller—see the Emergencies Act 2004
, dictionary.
[1.17] Section 19 (2), definition of relevant person, new paragraph (aa)
before paragraph (a), insert
(aa) an emergency controller; or
[1.18] Section 19 (2), definition of relevant person, new paragraph (e) (ia)
before paragraph (e) (i), insert
(ia) an emergency controller; or
Part 1.8 Waste Management and Resource Recovery Act 2016
[1.19] Section 6 (2), new definition of emergency controller
insert
emergency controller—see the Emergencies Act 2004
, dictionary.
[1.20] Section 6 (2), definition of relevant person, new paragraph (aa)
before paragraph (a), insert
(aa) an emergency controller; or
[1.21] Section 6 (2), definition of relevant person, paragraph (b)
substitute
(b) any other person under the control of—
(i) an emergency controller; or
(ii) the chief officer of an emergency service; or
Part 1.9 Water Resources Act 2007
[1.22] Section 28 (3), new definition of emergency controller
insert
emergency controller—see the Emergencies Act 2004
, dictionary.
[1.23] Section 28 (3), definition of relevant person, new paragraph (aa)
before paragraph (a), insert
(aa) an emergency controller; or
[1.24] Section 28 (3), definition of relevant person, new paragraph (e) (ia)
before paragraph (e) (i), insert
(ia) an emergency controller; or
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 20 August 2020.
2 Notification
Notified under the
on 2020.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2020
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