{"id":"a-2004-28","name":"Emergencies Act 2004","slug":"emergencies-act-2004","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"28 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23515,"registerId":"act-a-2004-28-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 1A","sectionType":"schedule","heading":"Ambulance service quality assurance","content":"Schedule 1A Ambulance service quality assurance\ncommittee 138\n1A.1 Definitions—sch 1A 138\n1A.2 Function of ASQAC 139\n1A.3 Appointment of ASQAC members 139\n1A.4 Disclosure of interest by ASQAC members etc 139\n1A.5 Procedure for ASQAC 141\n1A.6 Obtaining information 141\n\nPage\ncontents 11\n1A.7 Annual ASQAC report to Minister 142\n1A.8 ASQAC may give information 143\n1A.9 Admissibility of ASQAC evidence 143\n1A.10 Offence—secrecy of protected information 144\nSchedule 2 Reviewable decisions 146\nDictionary 148\n1 About the endnotes 158\n2 Abbreviation key 158\n3 Legislation history 159\n4 Amendment history 165\n5 Earlier republications 185\n6 Expired transitional or validating provisions 188\n\nAn Act about emergencies and fire and ambulance incidents, and for other\npurposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Emergencies Act 2004.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"3 Objects of Act\nThe objects of this Act are—\n(a) to protect and preserve life, property and the environment; and\n(b) to provide for effective emergency management that—\n(i) has regard to the need to prepare for, prevent, respond to\nand recover from emergencies; and\n(ii) takes an all-hazards approach to emergency management;\nand\n(iii) develops community resilience to emergencies; and\n(c) to provide for the effective and cohesive management by the\ncommissioner of the state emergency service, the ambulance\nservice, the fire and rescue service and the rural fire service; and\n(d) to recognise the value to the community of all emergency\nservice members, including volunteer members, and providers\nof operational and administrative support to the commissioner\nand the services.\n\nPreliminary Chapter 1\nPreliminary Part 1.1\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Dictionary","content":"4 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘land management agreement—see\nthe Planning Act 2023, section 350 (2) (a).’ means that the term ‘land\nmanagement agreement’ is defined in that section and the definition\napplies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Notes","content":"5 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"6 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":5},{"sectionNumber":"6A","sectionType":"section","heading":"Meaning of built-up area","content":"6A Meaning of built-up area\n(1) For this Act, a built-up area is an area declared by the commissioner\nto be a built-up area.\n(2) Before making a declaration, the commissioner must consult with—\n(a) the chief officer (fire and rescue service); and\n(b) the chief officer (rural fire service).\n(3) A declaration is a notifiable instrument.\nNote The fire and rescue service is responsible for fire response in built-up\nareas.\n","sortOrder":6},{"sectionNumber":"6B","sectionType":"section","heading":"Meaning of rural area","content":"6B Meaning of rural area\nFor this Act, a rural area is an area not within a built-up area.\nNote 1 The rural fire service is responsible for fire response in rural areas.\nNote 2 Certain offences apply to owners of land in rural areas (see div 5.6.2\n(Controlled activities and offences relating to fire)).\n\n","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Emergency services","content":"Chapter 2 Emergency services\ncommissioner\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Emergency services commissioner","content":"7 Emergency services commissioner\n(1) The director-general may appoint a public servant to be the ACT\nEmergency Services Commissioner (the commissioner).\nNote For the making of appointments (including acting appointments), see the\n(2) However, the director-general may appoint a person under subsection\n(1) only if the person has the management, professional and technical\nexpertise to exercise the commissioner’s functions.\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Commissioner’s functions","content":"8 Commissioner’s functions\n(1) The commissioner is responsible for—\n(a) the overall strategic direction and management of the emergency\nservices; and\n(b) operational and administrative support to the services.\nExamples—operational and administrative support\n• spatial services\n• logistics and fleet management\n• public information\n• communication centre\n• risk management and planning\n• training\nNote 1 A chief officer of an emergency service is responsible for the general\nmanagement and control of the service (see s 28 (3) (a), s 29 (3) (a),\ns 30 (3) (a) and s 31 (3) (a)).\nNote 2 For the effective coordination of the emergency, the commissioner may\ndirect a chief officer to undertake response or recovery operations\n(see s 8A).\n\n(2) The commissioner is also responsible for—\n(a) community education and awareness about emergencies; and\n(b) improving community preparedness for emergencies; and\n(c) emergencies-related advice on planning and development\nmatters.\n(3) The commissioner has the functions given to the commissioner under\nthis Act and any other territory law.\n(4) In the exercise of the commissioner’s functions, the commissioner\nmust—\n(a) seek to give the emergency services a strong, cohesive, strategic\nand operational direction; and\n(b) seek to ensure delivery of high-quality and effective service to\nthe community by each of the emergency services; and\n(c) seek to improve the operational effectiveness and flexibility of\nthe emergency services; and\n(d) recognise the value of the individual emergency services; and\n(e) recognise the importance to the services and the community\nof—\n(i) all emergency service members, including volunteer\nmembers; and\n(ii) providers of operational and administrative support to the\ncommissioner and the services; and\n\n(f) recognise the diverse needs of the community, including people\nwith special needs; and\nExamples of people with special needs\n1 the frail aged\n2 people with a disability\n3 people in hospital\n(g) emphasise community education and preparedness for\nemergencies; and\n(h) emphasise the importance of communicating information,\nadvice and warnings to the community during an emergency;\nand\n(i) ensure that members of the emergency services and volunteers\nare properly equipped, trained and prepared; and\n(j) oversee and coordinate strategic and operational planning for\nemergencies.\nExamples of strategic and operational planning for emergencies\n1 strategic planning for recovery from a natural disaster\n2 operational planning for response to a fuel shortage emergency\n","sortOrder":10},{"sectionNumber":"8A","sectionType":"section","heading":"Directions by commissioner in relation to emergencies","content":"8A Directions by commissioner in relation to emergencies\n(1) This section applies to an emergency other than one for which an\nemergency controller is appointed.\nNote Pt 7.3 provides for the management of an emergency for which an\nemergency controller is appointed or a state of emergency declared.\n(2) For the effective coordination of the emergency, the commissioner\nmay direct a chief officer to undertake response or recovery\noperations.\n\ncoordination of an emergency means the bringing together of the\nemergency services and other agencies and resources to support the\nresponse to the emergency.\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Minister and emergency coordination","content":"9 Minister and emergency coordination\nThe Minister must, in consultation with the commissioner, ensure\nthat—\n(a) an emergency coordination centre is established and maintained\nfor the ACT; and\n(b) common planning, administrative and logistic support is\nprovided for the emergency services (including common\ncommunications and emergency coordination centres).\ncommon risk management planning\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Asking advisory council’s advice","content":"10 Asking advisory council’s advice\n(1) The commissioner must ask for, and consider, the advisory council’s\nadvice before exercising a function, prescribed by regulation, relating\nto natural hazards.\n(2) The commissioner may ask for the advisory council’s advice in\nrelation to the exercise of any other function relating to natural\nhazards.\n\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Commissioner may make guidelines","content":"11 Commissioner may make guidelines\n(1) The commissioner may make guidelines for the strategic operation of\neach of the emergency services (the commissioner’s guidelines).\n(2) The commissioner’s guidelines are a notifiable instrument except to\nthe extent that the commissioner considers it is in the public interest\nthat it not be notifiable.\n(3) Any part of the commissioner’s guidelines that is not notified under\nthe Legislation Act must be given to the relevant Assembly\n(4) The commissioner’s guidelines may make provision in relation to—\n(a) areas of the emergency services to be operated jointly; and\n(b) operation of joint areas of the emergency services; and\n(c) planning and conduct of joint operations of the emergency\nservices; and\n(d) anything else in relation to the strategic organisation and\noperation of each of the emergency services that the\ncommissioner considers appropriate.\n1 guidelines for the operation of a joint communications area for the services\n2 guidelines for joint operations\n3 guidelines for joint response to a major building collapse\n4 guidelines for ending appointments of volunteer members (including\napplication of the rules of natural justice)\nNote An Act that authorises the making of a statutory instrument\n(eg guidelines) authorises an instrument to be made in relation to any\nmatter required or permitted to be prescribed under the authorising law\nor that is necessary or convenient to be prescribed for carrying out or\ngiving effect to the authorising law (see Legislation Act, s 44).\n\n(5) The commissioner’s guidelines may apply, adopt or incorporate a law\nor instrument as in force from time to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument (see Legislation Act, s 47 (5) and (6)).\n(6) The chief officer of an emergency service may recommend\namendments of the commissioner’s guidelines to the commissioner.\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Delegation by commissioner","content":"12 Delegation by commissioner\n(1) The commissioner may delegate the commissioner’s functions under\nthis Act or another territory law to a public servant, a member of an\nemergency service , a police officer or an emergency services support\nvolunteer.\n(2) However, the commissioner may delegate the commissioner’s power\nunder section 8A only to a chief officer.\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Assistant emergency services commissioners","content":"13 Assistant emergency services commissioners\n(1) The director-general may appoint 1 or more public servants to be an\nAssistant ACT Emergency Services Commissioner (an assistant\ncommissioner).\nand technical expertise to exercise the assistant commissioner’s\n\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Assistant commissioners’ functions","content":"14 Assistant commissioners’ functions\n(1) An assistant commissioner’s function is to support the commissioner\nin the exercise of the commissioner’s functions.\n(2) An assistant commissioner must not exercise the assistant\ncommissioner’s function in a way that—\n(a) is inconsistent with the commissioner’s exercise, or proposed\nexercise, of a function under this Act or any other territory law;\nor\n(b) may unreasonably restrict or undermine the commissioner’s\nexercise of a function under this Act or any other territory law;\nor\n(c) is inconsistent with the commissioner’s guidelines.\n(3) An assistant commissioner must comply with any direction from the\ncommissioner about the exercise of the assistant commissioner’s\n(4) If the commissioner is unavailable or, for any other reason, unable to\nperform the functions of commissioner, the acting commissioner is—\n(a) if there is only 1 assistant commissioner at the time the\ncommissioner is unavailable or unable to perform the\nfunctions—the assistant commissioner; or\n(b) if there is more than 1 assistant commissioner at the time—the\nassistant commissioner nominated, by the commissioner, to be\nthe acting commissioner.\nNote A person acting in a position under a standing acting arrangement has all\nthe functions (including authorities, duties and powers) of the occupant\nof the position (in this case, the commissioner)—see the Legislation Act,\ns 225B.\n(5) An assistant commissioner has any other function prescribed under\nthis Act or another territory law.\n\n","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Delegation by assistant commissioners","content":"15 Delegation by assistant commissioners\nAn assistant commissioner may delegate the assistant\ncommissioner’s functions under this Act or another territory law to a\npublic servant, a member of an emergency service, a police officer or\nan emergency services support volunteer.\nNote For laws about delegations, see the Legislation Act, pt 19.4.\n\nChief officers—appointments and responsibilities Part 3.1\n","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"1 Chief officers—appointments","content":"Part 3.1 Chief officers—appointments\nand responsibilities\n","sortOrder":19},{"sectionNumber":"28","sectionType":"section","heading":"Chief officer—ambulance service","content":"28 Chief officer—ambulance service\na public servant to be the chief officer of the ambulance service (the\nchief officer (ambulance service)).\n(3) The chief officer (ambulance service) is responsible for—\n(a) the general management and control of the ambulance service;\nand\nambulance service.\n\nPart 3.1 Chief officers—appointments and responsibilities\n","sortOrder":20},{"sectionNumber":"29","sectionType":"section","heading":"Chief officer—fire and rescue service","content":"29 Chief officer—fire and rescue service\na public servant to be the chief officer of the fire and rescue service\n(the chief officer (fire and rescue service)).\n(3) The chief officer (fire and rescue service) is responsible for—\n(a) the general management and control of the fire and rescue\nservice; and\nfire and rescue service; and\n(c) operational planning for fire response in built-up areas,\nincluding fire preparedness and control; and\n(d) fire response in built-up areas.\n","sortOrder":21},{"sectionNumber":"30","sectionType":"section","heading":"Chief officer—rural fire service","content":"30 Chief officer—rural fire service\na public servant to be the chief officer of the rural fire service (the\nchief officer (rural fire service)).\n\nChief officers—appointments and responsibilities Part 3.1\n(3) The chief officer (rural fire service) is responsible for—\n(a) the general management and control of the rural fire service; and\nrural fire service; and\n(c) operational planning for fire response in rural areas, including\nfire preparedness and control; and\n(d) fire response in rural areas.\n","sortOrder":22},{"sectionNumber":"31","sectionType":"section","heading":"Chief officer—SES","content":"31 Chief officer—SES\na public servant to be the chief officer of the SES (the chief officer\n(SES)).\n\nPart 3.1 Chief officers—appointments and responsibilities\n(3) The chief officer (SES) is responsible for—\n(a) the general management and control of the SES; and\nSES.\n","sortOrder":23},{"sectionNumber":"32","sectionType":"section","heading":"Deputy chief officers","content":"32 Deputy chief officers\na public servant to be the deputy chief officer of a service.\nand technical expertise to exercise the deputy chief officer’s\n(3) A deputy chief officer of a service acts in the position of chief officer\nof the service—\n(a) during all vacancies in the position; and\n(b) during all periods when the chief officer cannot for any reason\nexercise the functions of the position.\nNote The Legislation Act, div 19.3.2A deals with standing acting\narrangements.\n\nChief officers—functions and powers Part 3.2\nPart 3.2 Chief officers—functions and\npowers\n","sortOrder":24},{"sectionNumber":"33","sectionType":"section","heading":"Functions of chief officers","content":"33 Functions of chief officers\n(1) The chief officer of an emergency service has the functions given to\nthe chief officer under this Act and any other territory law.\n(2) The chief officer of an emergency service has all the functions given\nto the service under this Act.\n","sortOrder":25},{"sectionNumber":"34","sectionType":"section","heading":"General powers of chief officers","content":"34 General powers of chief officers\n(1) The chief officer of an emergency service may, for the protection or\npreservation of life, property or the environment—\n(a) with any necessary assistance and force, enter land; or\n(b) close a street or road to traffic; or\n(c) bring equipment onto land or into a structure or vehicle; or\n(d) open a container, or dismantle equipment, using any necessary\nor reasonable force; or\n(e) remove, dismantle, demolish or destroy a structure or vehicle;\nor\n(f) contain an animal or substance; or\n(g) remove or destroy an animal, a substance or vegetation; or\n(h) turn off, disconnect or shut down a motor or equipment; or\n(i) control, shut off or disconnect a supply of fuel, gas, electricity,\nwater or anything else; or\n(j) use a supply of water without charge; or\n\n(k) give directions to regulate or prohibit the movement of people,\nanimals or vehicles; or\n(l) evacuate people or animals from an area to another place; or\n(m) close any premises; or\nExamples––premises\n• government or independent schools\n• education and care service premises\n• childcare centres\n• business premises\n• health care facilities\n• residential homes\n(n) require a person to give information, answer questions, or\nproduce documents or anything else, reasonably needed; or\nNote The Legislation Act, s 170 and s 171 deal with the application of\nthe privilege against self-incrimination and client legal privilege.\n(o) require a person to give reasonable assistance to—\n(i) a member of an emergency service; or\n(ii) a person acting on behalf of a member of an emergency\n(iii) a police officer.\n(2) A power under this section must, if practicable, be exercised in\naccordance with the commissioner’s guidelines.\nequipment includes a vehicle.\nland includes any structure or vehicle on the land.\n\nChief officers—functions and powers Part 3.2\n","sortOrder":26},{"sectionNumber":"35","sectionType":"section","heading":"Directions by chief officer to service members","content":"35 Directions by chief officer to service members\n(1) The chief officer of an emergency service may, in the exercise of the\nchief officer’s functions, give directions to emergency service\nmembers or any entity acting for the service.\n(2) A direction by the chief officer (ambulance service) may be about the\nfollowing:\n(a) the provision of medical treatment (a medical treatment\ndirection);\n(b) the scope of practice of an ambulance service member (a scope\nof practice direction).\n(3) A direction by a chief officer of an emergency service (other than a\nmedical treatment direction or a scope of practice direction) must, if\npracticable, be in accordance with any direction of the commissioner\nand the commissioner’s guidelines.\n(4) A medical treatment direction and a scope of practice direction must,\nif practicable, be in accordance with medical treatment standards.\nscope of practice, for an ambulance service member, means the\nmanner in which an ambulance service member may practise as a\nmember, including, for example, the aspects of practice that an\nambulance service member may undertake.\n","sortOrder":27},{"sectionNumber":"36","sectionType":"section","heading":"Chief officers to advise commissioner","content":"36 Chief officers to advise commissioner\n(1) The chief officer of an emergency service must advise the\ncommissioner on the capability of the service.\n(2) The chief officer of an emergency service must report to the\ncommissioner on the capability of the service if the commissioner\nasks.\n\n","sortOrder":28},{"sectionNumber":"37","sectionType":"section","heading":"Taking part in joint operations","content":"37 Taking part in joint operations\nThe chief officer of an emergency service must ensure that members\nof the service are available to take part in joint operational activities.\n","sortOrder":29},{"sectionNumber":"38","sectionType":"section","heading":"Standards and protocols for the services","content":"38 Standards and protocols for the services\n(1) The chief officer of an emergency service may, in writing, determine\nstandards and protocols about anything relating to the operation of the\nservice that is not inconsistent with the commissioner’s guidelines.\nThe chief officer (fire and rescue service) may determine standards about members’\nduties that are not inconsistent with the guidelines.\n(2) The chief officer (ambulance service) may also determine standards\nand protocols for medical treatment provided by the ambulance\nservice (the medical treatment standards).\n","sortOrder":30},{"sectionNumber":"39","sectionType":"section","heading":"Delegations by chief officers","content":"39 Delegations by chief officers\nThe chief officer of an emergency service may delegate the chief\nofficer’s functions under this Act or another territory law to a public\nservant, a member of an emergency service or a police officer.\n\nThe ambulance service Part 4.1\n","sortOrder":31},{"sectionNumber":"40","sectionType":"section","heading":"Establishment of ambulance service","content":"40 Establishment of ambulance service\nThe ACT Ambulance Service is established.\n","sortOrder":32},{"sectionNumber":"41","sectionType":"section","heading":"Functions of ambulance service","content":"41 Functions of ambulance service\n(1) The main function of the ambulance service is to provide ambulance\nservices.\n(2) The ambulance service has the following additional functions:\n(a) to undertake assistance operations to support other entities in the\nassisting police officers or fire and rescue service members in dealing with\nany incident or emergency\n(b) any other function prescribed by regulation.\n(3) In exercising its functions, the ambulance service may—\n(a) provide medical treatment and pre-hospital or post-hospital\npatient care; or\n(b) transport patients by ambulance; or\n(c) transport patients by medical rescue aircraft.\n\n","sortOrder":33},{"sectionNumber":"42","sectionType":"section","heading":"Constitution of ambulance service","content":"42 Constitution of ambulance service\nThe ambulance service consists of—\n(a) the chief officer (ambulance service); and\n(b) the deputy chief officer (ambulance service); and\n(c) other ambulance service members; and\n(d) any volunteer members.\n\nFire and rescue service Part 4.2\nFire and rescue service Division 4.2.1\nDivision 4.2.1 Fire and rescue service\n43 Establishment of fire and rescue service\nThe ACT Fire and Rescue Service is established.\n44 Functions of fire and rescue service\n(1) The main function of the fire and rescue service is to protect and\npreserve life, property and the environment from fire in built-up\nareas.\n(2) In exercising the function, the fire and rescue service is responsible\nfor—\n(a) operational planning for fire response in built-up areas,\nincluding fire preparedness; and\n(b) fire response in built-up areas.\n(3) The fire and rescue service has the following additional functions:\n(a) to respond to and deal with hazardous material incidents;\n(b) to respond to rescue incidents;\n(c) to respond to chemical, biological and radiological incidents;\n(d) to undertake assistance operations to support other entities in the\n(e) any other function prescribed by regulation.\nExample—par (d)\nassisting police officers or ambulance service members in dealing with any incident\nor emergency\n\n(4) The fire and rescue service may also—\n(a) respond to a fire in a rural area; and\n(b) provide first response to any other incident to which another\nemergency service may respond under this Act, if the emergency\nservice is unavailable.\n","sortOrder":34},{"sectionNumber":"45","sectionType":"section","heading":"Constitution of fire and rescue service","content":"45 Constitution of fire and rescue service\nThe fire and rescue service consists of—\n(a) the chief officer (fire and rescue service); and\n(b) the deputy chief officer (fire and rescue service); and\n(c) other members of the fire and rescue service; and\n(d) any volunteer members.\n","sortOrder":35},{"sectionNumber":"46","sectionType":"section","heading":"Ranks for fire and rescue service members","content":"46 Ranks for fire and rescue service members\nThe chief officer (fire and rescue service) may give members of the\nfire and rescue service various ranks in accordance with the standards\nand protocols for the fire and rescue service.\n","sortOrder":36},{"sectionNumber":"47","sectionType":"section","heading":"Establishment of community fire units","content":"47 Establishment of community fire units\nThe chief officer (fire and rescue service) may establish community\nfire units and decide the areas for which they are established.\n","sortOrder":37},{"sectionNumber":"48","sectionType":"section","heading":"Appointment of members of units","content":"48 Appointment of members of units\n(1) The chief officer (fire and rescue service) may appoint a person as a\nmember of a community fire unit.\n(2) The chief officer may end the appointment at any time in accordance\nwith the commissioner’s guidelines.\n\nFire and rescue service Part 4.2\nCommunity fire units Division 4.2.2\n","sortOrder":38},{"sectionNumber":"49","sectionType":"section","heading":"Objects and functions of community fire units","content":"49 Objects and functions of community fire units\n(1) The object of a community fire unit is to assist people in the area for\nwhich the unit is established to learn how to—\n(a) assist with defensive protection of property from fire; and\n(b) use equipment for fire prevention work and fire fighting.\n(2) The functions of a community fire unit are to—\n(a) undertake fire prevention work; and\n(b) assist with fire fighting during a fire emergency; and\n(c) assist with recovery operations after a fire emergency.\n(3) A community fire unit must exercise its functions—\n(a) only in the area for which the unit is established; and\n(b) in accordance with the standards and protocols for fire and\nrescue; and\n(c) under the direction of the chief officer (fire and rescue service).\n","sortOrder":39},{"sectionNumber":"50","sectionType":"section","heading":"Training and equipment for community fire units","content":"50 Training and equipment for community fire units\nThe chief officer (fire and rescue service) must provide a community\nfire unit with training and equipment to enable the unit to exercise its\n\n","sortOrder":40},{"sectionNumber":"51","sectionType":"section","heading":"Establishment of rural fire service","content":"51 Establishment of rural fire service\nThe ACT Rural Fire Service is established.\n","sortOrder":41},{"sectionNumber":"52","sectionType":"section","heading":"Functions of rural fire service","content":"52 Functions of rural fire service\n(1) The main function of the rural fire service is to protect and preserve\nlife, property and the environment from fire in rural areas.\n(2) In exercising the function, the rural fire service is responsible for—\n(a) operational planning for fire response in rural areas, including\nfire preparedness; and\n(b) fire response in rural areas, other than for a fire that is in a\nbuilding and at which a member of the fire and rescue service is\npresent.\n(3) The rural fire service has the following additional functions:\n(a) to undertake assistance operations to support other entities in the\nassisting members of the fire and rescue service at a fire that is in a building\nin a rural area\n(b) any other function prescribed by regulation.\n(4) The rural fire service may also—\n(a) respond to a fire in built-up areas; and\n(b) provide first response to any other incident to which another\nemergency service may respond under this Act, if the emergency\nservice is unavailable.\n\nThe rural fire service Part 4.3\n","sortOrder":42},{"sectionNumber":"53","sectionType":"section","heading":"Constitution of rural fire service","content":"53 Constitution of rural fire service\nThe rural fire service consists of—\n(a) the chief officer (rural fire service); and\n(b) the deputy chief officer (rural fire service); and\n(c) other rural fire service members; and\n(d) rural fire service volunteer members.\n","sortOrder":43},{"sectionNumber":"54","sectionType":"section","heading":"Rural fire brigades","content":"54 Rural fire brigades\n(1) The chief officer (rural fire service) may establish rural fire brigades\nfor the rural fire service.\n(2) The chief officer (rural fire service) must determine the number of\nrural fire brigades for the rural fire service.\n(3) The chief officer (rural fire service) may also determine names for the\nbrigades.\n(4) A determination under this section is a notifiable instrument.\n","sortOrder":44},{"sectionNumber":"55","sectionType":"section","heading":"Ranks for rural fire service members","content":"55 Ranks for rural fire service members\nThe chief officer (rural fire service) may give members of the rural\nfire service various ranks in accordance with the standards and\nprotocols for the rural fire service.\n\nPart 4.4 The state emergency service (SES)\nPart 4.4 The state emergency service\n(SES)\n56 Establishment of SES\nThe ACT State Emergency Service (the SES) is established.\n57 Functions of SES\n(1) The main function of the SES is to undertake planning and response\noperations for storms and floods.\n(2) The SES has the following additional functions:\n(a) to undertake civil defence planning and civil defence operations;\n(b) to undertake assistance operations to support other entities in the\nassisting police officers, fire and rescue service members or ambulance\nservice members in dealing with any incident or emergency\n(c) to undertake assistance operations to support other entities in\nrelation to searches;\nassisting Airservices Australia with a search and rescue service operation\nunder the Air Services Act 1995 (Cwlth)\n(d) to provide support for community organisations to the extent\nthat the chief officer (SES) considers would assist the training\nof members of the service;\n(e) to undertake any other operation that the chief officer (SES)\nconsiders would benefit the community;\n(f) to undertake an operation prescribed by regulation.\n\nThe state emergency service (SES) Part 4.4\n","sortOrder":45},{"sectionNumber":"58","sectionType":"section","heading":"Constitution of SES","content":"58 Constitution of SES\nThe SES consists of—\n(a) the chief officer (SES); and\n(b) the deputy chief officer (SES); and\n(c) other SES members; and\n(d) SES volunteer members.\n","sortOrder":46},{"sectionNumber":"59","sectionType":"section","heading":"SES operational units","content":"59 SES operational units\n(1) The chief officer (SES) may establish operational units for the SES.\n(2) The chief officer (SES) must determine the number of operational\nunits for the SES.\n(3) The chief officer (SES) may also determine names for the operational\nunits.\n(4) A determination under this section is a notifiable instrument.\n","sortOrder":47},{"sectionNumber":"59A","sectionType":"section","heading":"Ranks for SES members","content":"59A Ranks for SES members\nThe chief officer (SES) may give members of the SES various ranks\nin accordance with the standards and protocols for the SES.\n\n","sortOrder":48},{"sectionNumber":"59B","sectionType":"section","heading":"Appointment of volunteer members","content":"59B Appointment of volunteer members\n(1) The chief officer of a service may appoint a person as a volunteer\nmember of the service.\n(2) The chief officer may end the appointment at any time in accordance\nwith the commissioner’s guidelines for the service.\n","sortOrder":49},{"sectionNumber":"59C","sectionType":"section","heading":"Volunteer appointments in accordance with guidelines","content":"59C Volunteer appointments in accordance with guidelines\n(1) The appointment of a person as a volunteer member of a service must\nbe in accordance with the commissioner’s guidelines for the service.\n(2) Without limiting subsection (1), the appointment of a volunteer may\nbe made to—\n(a) an operational unit in the service; and\n(b) a rank in the service.\noperational unit includes a brigade.\n59CA Appointment of emergency services support volunteers\n(1) The commissioner may appoint a person as a volunteer\n(an emergency services support volunteer)—\n(a) to assist the commissioner to perform the commissioner’s\nfunctions under this Act; or\n\nVolunteers Part 4.5\n(b) to assist an emergency service to perform the functions given to\nthe service under this Act.\n(2) However, the commissioner may not appoint a person under\nsubsection (1) if it would be more appropriate for the chief officer of\nthe service to appoint the person as a volunteer member of the service.\n(3) The appointment of a person to assist an emergency service must be\nin accordance with the commissioner’s guidelines for the service.\n","sortOrder":50},{"sectionNumber":"59D","sectionType":"section","heading":"Casual volunteers","content":"59D Casual volunteers\n(1) A person in charge of an activity that is part of an operation in which\nan emergency service is taking part may—\n(a) ask someone else to take part in the activity without\nremuneration or reward; or\n(b) agree to someone else taking part in the activity without\nremuneration or reward.\nA member of the ambulance service may ask a volunteer to hold equipment.\n(2) A person who takes part in an activity under this section is a casual\nvolunteer for this Act.\n(3) Subsection (2) does not apply to a member of an emergency service\nor a member of a support unit or a specialist acting under a\ncooperative arrangement.\n\n(4) The Legislation Act, part 19.3 does not apply in relation to a casual\nvolunteer.\nNote The Legislation Act, pt 19.3 deals with appointments generally.\nspecialist—see section 175.\nsupport unit—see section 175.\n\nOther approved providers Part 4.6\n","sortOrder":51},{"sectionNumber":"60","sectionType":"section","heading":"Definitions—pt 4.6","content":"60 Definitions—pt 4.6\nambulance services means the provision of medical treatment and\npre-hospital patient care, and includes the transport of a patient by\nambulance or medical rescue aircraft.\nemergency services means—\n(a) response operations for storms and floods; or\n(b) assistance operations in relation to emergencies and searches.\nfirefighting services means—\n(a) services for the protection of life, property and the environment\nfrom fire; or\n(b) response operations for hazardous material incidents or\nchemical, biological or radiological incidents.\nrescue services means response operations for rescue incidents,\nincluding the release or removal to a safe place of any person, animal\nor property trapped or endangered because of fire, accident,\nhazardous material incident, explosion or similar event.\nresponse operation means a coordinated response to an incident to\nwhich an emergency service may respond under this Act.\n","sortOrder":52},{"sectionNumber":"61","sectionType":"section","heading":"Approval of person to provide services","content":"61 Approval of person to provide services\nA person may apply to the Minister for approval to provide\nambulance, emergency, firefighting or rescue services.\n","sortOrder":53},{"sectionNumber":"62","sectionType":"section","heading":"Decision about approval","content":"62 Decision about approval\n(1) The Minister must approve the applicant to provide the services to\nwhich the application relates, or refuse to do so.\n\n(2) Before deciding the application, the Minister must consult with the\ncommissioner.\n(3) In deciding the application, the Minister must consider—\n(a) the public interest; and\n(b) the impact of approval on community health and safety; and\n(c) the impact of approval on the preservation of life, property and\nthe environment.\n(4) The Minister may impose conditions on an approval.\n1 conditions about quality standards for service delivery\n2 conditions about training\n3 conditions about uniforms\n4 conditions limiting the extent or range of services to be provided\n(5) An approval is a notifiable instrument.\n","sortOrder":54},{"sectionNumber":"63","sectionType":"section","heading":"Offence to provide emergency services without approval","content":"63 Offence to provide emergency services without approval\n(a) the person is not approved by the Minister under this part to\nprovide emergency, ambulance, firefighting or rescue services;\nand\n(b) the person provides emergency, ambulance, firefighting or\nrescue services.\n(2) A person commits an offence if—\n(a) the Minister approves the person to provide ambulance,\nemergency, firefighting or rescue services; and\n\nOther approved providers Part 4.6\n(b) the person provides ambulance, emergency, firefighting or\nrescue services for which they are not approved.\n(3) This section does not apply to—\n(a) a doctor in relation to the provision of medical treatment, or pre-\nhospital care to a patient, in the course of, or as an incident of,\nconducting a medical practice; or\n(b) an entity in relation to the provision of first aid; or\n(c) a person who, acting without expectation of payment or other\nconsideration, comes to the aid of a person who is apparently—\n(i) injured or at risk of being injured; or\n(ii) is in another way in need of emergency assistance; or\n(d) a person who, acting without expectation of payment or other\nconsideration, does something to reduce, or attempt to reduce,\nthe effects of an emergency before the arrival of an emergency\n(e) a Commonwealth or State agency.\n1 firefighting services provided by the Defence Force\n2 search and rescue services provided under the Air Services Act 1995\n(Cwlth)\n\n","sortOrder":55},{"sectionNumber":"64","sectionType":"section","heading":"Interstate and overseas emergency services","content":"64 Interstate and overseas emergency services\n(1) This section applies if an interstate or overseas emergency service\nresponds to an emergency or incident in the ACT.\n(2) A member of the interstate or overseas emergency service has the\nfunctions of the chief officer of an emergency service in relation to\nthe emergency or incident if—\n(a) the member has charge of other members of the interstate or\noverseas emergency service; and\n(b) no-one else present is, under this Act, in charge of the operations\nat the emergency or incident.\nNote Function includes authority, duty and power (see Legislation Act, dict,\npt 1).\n(3) If another person present at the emergency or incident is, under this\nAct, in charge of the operations, a member of the interstate or\noverseas emergency service must—\n(a) comply with any direction given by the person in relation to the\nemergency or incident; and\n(b) place any equipment in the member’s charge at the disposal of\nthe person.\n1 An interstate fire brigade is at a fire in a built-up area and no-one else present\nis, under this Act, in charge of the firefighting operations. The member of the\ninterstate fire brigade in charge of the brigade will have the functions of the\nchief officer (fire and rescue service) in relation to the fire.\n","sortOrder":56},{"sectionNumber":"2","sectionType":"section","heading":"An overseas fire brigade is at a fire in a rural area and members of the rural","content":"2 An overseas fire brigade is at a fire in a rural area and members of the rural\nfire service are also at the fire. The overseas fire brigade must follow the\ndirections of the person in charge of the rural fire service members and allow\nthe rural fire service to use the brigade’s equipment.\n\nServices from outside ACT Part 4.7\n(4) This section is subject to any cooperative arrangement that applies to\nthe interstate or overseas emergency service.\nincident means a fire, an ambulance incident, a rescue or search\nincident, a hazardous material incident or any other incident to which,\nunder this Act, an emergency service may respond.\n\n","sortOrder":57},{"sectionNumber":"67","sectionType":"section","heading":"Fires in built-up area","content":"67 Fires in built-up area\n(1) This section applies in relation to a fire in a built-up area.\n(2) For the purpose of extinguishing or preventing the spread of the fire,\nor responding to the consequences of the fire, the chief officer (fire\nand rescue service) may—\n(a) control and direct members of an emergency service; and\n(b) direct a person to leave any land or premises on fire, near the\nfire, or affected by the consequences of the fire; and\n(c) remove to any place the chief officer considers appropriate\nanything that the chief officer considers is interfering with, or\nmay interfere with, the fire control operation; and\n(d) do anything else the chief officer considers appropriate.\nExamples—par (d)\n1 severing or pulling down a fence\n2 burning grass or other vegetation\n(3) Subsection (2) is in addition to anything the chief officer (fire and\nrescue service) may do under section 34 (1) (General powers of chief\nofficers) or another territory law.\nNote Under s 34 (1), the chief officer has a number of general powers including\nto enter land, shut off a power or water supply, demolish or destroy a\nstructure or remove or destroy an animal.\n(4) The chief officer (fire and rescue service) may do anything mentioned\nin subsection (2) at, immediately after, or in anticipation of the spread\nof, the fire.\n\nFire response and control Part 5.2\n(5) For the protection of life or property or to control or extinguish the\nfire, a member of the fire and rescue service or a police officer may\ndo anything the chief officer (fire and rescue service) may do under\nan applicable provision or another territory law without being\ndirected or given authority by the chief officer if—\n(a) the thing is done in accordance with the commissioner’s\nguidelines for the fire and rescue service; or\n(b) it is not practicable for a direction or authority to be obtained.\n(6) For the application of subsection (5) to a member of the fire and\nrescue service or a police officer in relation to an applicable provision\nor another territory law, the law applies to the member or police\nofficer as if a reference to the chief officer (fire and rescue service)\nwere a reference to the member or police officer.\napplicable provision means—\n(a) this section; or\n(b) section 34 (1) (General powers of chief officers); or\n(c) section 69 (Securing area at or after fire).\nfire includes a fire the chief officer (fire and rescue service) has\nreasonable grounds for believing may exist.\n","sortOrder":58},{"sectionNumber":"68","sectionType":"section","heading":"Fires in rural areas","content":"68 Fires in rural areas\n(1) This section applies in relation to a fire in a rural area.\n(2) For the purpose of extinguishing or preventing the spread of the fire,\nor responding to the consequences of the fire, the chief officer (rural\nfire service) may—\n(a) control and direct members of an emergency service; and\n(b) direct a person to leave any land or premises on fire, near the\nfire, or affected by the consequences of the fire; and\n\n(c) remove to any place the chief officer considers appropriate\nanything that the chief officer considers is interfering with, or\nmay interfere with, the fire control operation; and\n(d) do anything else the chief officer considers appropriate.\nExamples—par (d)\n1 severing or pulling down a fence\n2 burning grass or other vegetation\n(3) Subsection (2) is in addition to anything the chief officer (rural fire\nservice) may do under section 34 (1) (General powers of chief\nofficers) or another territory law.\nNote Under s 34 (1), the chief officer has a number of general powers including\nto enter land, shut off a power or water supply, demolish or destroy a\nstructure or remove or destroy an animal.\n(4) The chief officer (rural fire service) may do anything mentioned in\nsubsection (2) at, immediately after, or in anticipation of the spread\nof, the fire.\n(5) If the chief officer (rural fire service) removes stock from land, the\nchief officer must, as soon as practicable, tell the owner of the land\nabout the removal.\n(6) If the chief officer (rural fire service) severs or pulls down a fence on\nland, the chief officer must, as soon as practicable—\n(a) temporarily repair the fence; and\n(b) tell the owner of the land about the temporary repair.\n\nFire response and control Part 5.2\n(7) For the protection of life or property or to control or extinguish the\nfire, a member of the rural fire service, a member of the fire and\nrescue service or a police officer may do anything the chief officer\n(rural fire service) may do under an applicable provision or another\nterritory law without being directed or given authority by the chief\nofficer, if—\n(a) the thing is done in accordance with the commissioner’s\nguidelines for the rural fire service; or\n(b) it is not practicable for a direction or authority to be obtained.\n(8) For the application of subsection (7) to a member of the rural fire\nservice, a member of the fire and rescue service or a police officer in\nrelation an applicable provision or another territory law, the law\napplies to the member or police officer as if a reference to the chief\nofficer (rural fire service) were a reference to the member or police\nofficer.\n(9) In this section:\napplicable provision means—\n(a) this section; or\n(b) section 34 (1) (General powers of chief officers); or\n(c) section 69 (Securing area at or after fire).\nfire includes a fire that the chief officer (rural fire service) has\nreasonable grounds for believing may exist.\n\n","sortOrder":59},{"sectionNumber":"69","sectionType":"section","heading":"Securing area at or after fire","content":"69 Securing area at or after fire\n(1) The chief officer (fire and rescue service) may do anything the chief\nofficer considers necessary to make premises safe at or immediately\nafter a fire.\nshoring up, pulling down or destroying a wall or structure that is damaged or made\ninsecure\n(2) The chief officer (rural fire service) may do anything the chief officer\nconsiders necessary to make premises safe at or immediately after a\nfire in a rural area, other than a fire that is in a building if a member\nof the fire and rescue service is present.\nNote The rural fire service may assist the fire and rescue service in the exercise\nof its functions in relation to fires in buildings in rural areas.\n(3) An amount of expenses incurred by the chief officer in doing anything\nmentioned in subsection (1) may be recovered by the Territory as a\ndebt owing to the Territory by the owner of the premises.\nowner, of a wall or structure, includes the occupier of the land on\nwhich the wall or structure is situated.o\n\n","sortOrder":60},{"sectionNumber":"70","sectionType":"section","heading":"Definitions for pt 5.3","content":"70 Definitions for pt 5.3\nagency means—\n(c) an entity prescribed by regulation for this definition.\n","sortOrder":61},{"sectionNumber":"71","sectionType":"section","heading":"Commissioner may declare bushfire abatement zone","content":"71 Commissioner may declare bushfire abatement zone\n(1) The commissioner may, after consulting with the conservator and the\nterritory planning authority, declare an area to be a bushfire\nabatement zone.\n(2) A declaration is a notifiable instrument.\n","sortOrder":62},{"sectionNumber":"72","sectionType":"section","heading":"Strategic bushfire management plan","content":"72 Strategic bushfire management plan\nstrategic bushfire management plan for the ACT.\n(2) In preparing the draft plan, the commissioner must—\n(a) consult with the advisory council; and\n(b) consult with the conservator; and\n(c) consider the impact of the plan on any—\n(i) land management agreement; or\n(ii) land manager; or\n(iii) public land management plan under the Planning Act 2023,\nsection 388 (1).\n\n(3) The commissioner must—\n(a) prepare a written report setting out the commissioner’s response\nto any matters raised by the conservator, in writing, during\nconsultation on the draft plan; and\n(b) give the report to the Minister with the draft plan.\n(4) After considering the draft plan, the Minister must make a strategic\nbushfire management plan for the ACT (the strategic bushfire\nmanagement plan).\n(5) The plan is a disallowable instrument.\n(6) If the Minister received a report under subsection (3) (b) in relation\nto the plan, the report must be presented to the Legislative Assembly\nwith the plan.\n(7) The commissioner must, in consultation with the advisory council,\nmonitor the scope and effectiveness of the plan.\n(8) The commissioner, in consultation with the advisory council, may\nrecommend amendments of the plan to the Minister.\n","sortOrder":63},{"sectionNumber":"73","sectionType":"section","heading":"Bushfire management plan committee","content":"73 Bushfire management plan committee\n(1) The commissioner may establish a committee to help the\ncommissioner prepare the draft strategic bushfire management plan\nand monitor the scope and effectiveness of the plan.\n(2) The commissioner must ensure that people with experience in land\nmanagement and bushfire management are among the committee\nmembers.\n(3) The commissioner may decide—\n(a) how the committee is to exercise its function; and\n(b) the procedure to be followed for meetings of the committee.\n\n","sortOrder":64},{"sectionNumber":"74","sectionType":"section","heading":"Content of strategic bushfire management plan","content":"74 Content of strategic bushfire management plan\n(1) A strategic bushfire management plan must provide a basis for—\n(a) bushfire hazard assessment and risk analysis; and\n(b) bushfire prevention, including hazard reduction; and\n(c) agency and community preparation and response in relation to\nbushfires.\n(2) The plan must include the following:\n(a) a statement of strategic objectives for the plan;\n(b) a description of the bushfire environment;\n1 weather\n2 topography\n3 fuels\n(c) a summary of known bushfire causes;\n(d) a risk assessment of factors contributing to bushfires and the\nspread of bushfires;\n(e) a list of public assets (including cultural and ecological assets)\nvulnerable to bushfire;\n(f) a statement about how information is kept about\nprivately-owned assets of public interest vulnerable to bushfire;\n(g) strategies for prevention of, and preparedness for, bushfires;\n(h) strategies for access for response and fire management\nactivities;\n(i) a statement of strategies for research and monitoring of bushfire\nrisk;\n(j) a statement of strategies for recovery after a bushfire;\n\n(k) a statement of resources needed to meet the objectives of the\nplan;\n(l) anything else prescribed by regulation.\n(3) The plan may also set out—\n(a) requirements for owners or managers of land for the prevention\nof, and preparedness for, bushfires; and\nlocation and maintenance of fire trails\n(b) requirements for a bushfire operational plan.\n1 prevention activities\n2 preparedness activities\n3 performance indicators for activities\n(4) A bushfire management requirement may be for—\n(a) a particular land manager; or\n(b) a particular area of land.\n1 the manager of an area of unleased territory land\n2 land in a bushfire abatement zone\n","sortOrder":65},{"sectionNumber":"75","sectionType":"section","heading":"Public consultation for strategic bushfire management","content":"75 Public consultation for strategic bushfire management\nplan\n(1) Before making the strategic bushfire management plan, the Minister\nmust prepare a notice (a consultation notice)—\n(a) stating that copies of a draft of the plan are available for\ninspection during a stated period of at least 15 business days at\nstated places; and\n\n(b) inviting interested people to give written comments about the\ndraft plan to the commissioner at a stated address during a stated\nperiod ending at least 15 business days after the end of the period\nmentioned in paragraph (a).\n(2) The consultation notice is a notifiable instrument.\n(3) The Minister must give additional public notice of the consultation\nnotice.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\nrequirement in s (3) is in addition to the requirement for notification on\nthe legislation register as a notifiable instrument.\n","sortOrder":66},{"sectionNumber":"76","sectionType":"section","heading":"Assessment of resources and capabilities","content":"76 Assessment of resources and capabilities\n(1) After the Minister makes the strategic bushfire management plan, the\ncommissioner must conduct an assessment, based on the plan, of\navailable resources and capabilities for bushfire prevention and\npreparedness.\n(2) The commissioner must give the assessment to the advisory council\nand the Minister.\n","sortOrder":67},{"sectionNumber":"77","sectionType":"section","heading":"Compliance with strategic bushfire management plan","content":"77 Compliance with strategic bushfire management plan\n(1) An owner of land must—\n(a) as far as practicable, ensure that the land is managed in\naccordance with the strategic bushfire management plan; and\n(b) comply with any bushfire management requirement for the land.\n(2) The manager of an area of unleased territory land or land occupied by\nthe Territory must—\n(a) as far as practicable, ensure that the area is managed in\naccordance with the strategic bushfire management plan; and\n(b) comply with any bushfire management requirement for the\nmanager or the land.\n\n","sortOrder":68},{"sectionNumber":"77A","sectionType":"section","heading":"Inconsistency between strategic bushfire management","content":"77A Inconsistency between strategic bushfire management\nplan and public land management plan\n(1) This section applies if the strategic bushfire management plan is\ninconsistent with a public land management plan in force for an area\nof unleased territory land or land occupied by the Territory.\n(2) The public land management plan has no effect to the extent of the\ninconsistency.\npublic land management plan—see the Planning Act 2023,\nsection 388 (1).\n","sortOrder":69},{"sectionNumber":"77B","sectionType":"section","heading":"Commissioner may make bushfire management","content":"77B Commissioner may make bushfire management\nstandards\n(1) The commissioner may make standards relating to requirements\nunder the strategic bushfire management plan (the bushfire\nmanagement standards).\n(2) In preparing the bushfire management standards the commissioner\nmust consult with the conservator.\n(3) The bushfire management standards may apply, adopt or incorporate\na law or instrument as in force from time to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n(4) The bushfire management standards are a notifiable instrument.\n(5) The Legislation Act, section 47 (6) does not apply in relation to an\nAustralian Standard, or an Australian/New Zealand Standard,\napplied, adopted or incorporated as in force from time to time under\nthe bushfire management standards.\n\n","sortOrder":70},{"sectionNumber":"78","sectionType":"section","heading":"Bushfire operational plans","content":"78 Bushfire operational plans\n(1) This section applies to a person who is—\n(a) the manager of an area of unleased territory land or land\noccupied by the Territory, unless the land is exempt from the\noperation of this section under the strategic bushfire\nmanagement plan; or\n(b) the owner of an area of land in a bushfire abatement zone if—\n(i) the strategic bushfire management plan sets out\nrequirements for a bushfire operational plan for the\nbushfire abatement zone; and\n(ii) the land is identified in the strategic bushfire management\nplan as land for which a bushfire operational plan must be\nprepared.\n(2) The person must give the commissioner a draft bushfire operational\nplan for the area in accordance with the strategic bushfire\nmanagement plan.\n(3) The commissioner may—\n(a) approve the draft bushfire operational plan for the area; or\n(b) approve the draft plan for the area with stated amendments; or\n(c) decide not to approve the draft plan.\n(4) The commissioner is taken to have approved a draft bushfire\noperational plan without amendments if the commissioner does not\nmake a decision about the approval within 40 working days after the\nday the plan is given to the commissioner.\n(5) The person must review the bushfire operational plan and give the\ncommissioner a draft updated bushfire operational plan at intervals of\nnot longer than––\n(a) for a person mentioned in subsection (1) (a)––2 years; or\n\n(b) for a person mentioned in subsection (1) (b)––5 years.\n","sortOrder":71},{"sectionNumber":"80","sectionType":"section","heading":"Review of strategic bushfire management plan","content":"80 Review of strategic bushfire management plan\n(1) The Minister must, in consultation with the advisory council,\ncomprehensively review the strategic bushfire management plan at\nintervals of not more than 5 years.\n(2) The review must have regard to the 10-year period after the date of\nthe review.\n","sortOrder":72},{"sectionNumber":"81","sectionType":"section","heading":"Directions by Minister to manager of land","content":"81 Directions by Minister to manager of land\n(1) The Minister may give a written direction to the manager of an area\nof unleased territory land, or land occupied by the Territory, in\nrelation to compliance with—\n(a) a bushfire management requirement for the area; or\n(b) a bushfire operational plan for the area; or\n(c) a bushfire management standard for the area.\n(2) The manager must comply with the direction.\n","sortOrder":73},{"sectionNumber":"82","sectionType":"section","heading":"Directions by commissioner to owner of land","content":"82 Directions by commissioner to owner of land\n(1) The commissioner may, in writing, direct an owner of land in an area\nto comply with—\n(a) a bushfire management requirement for the area; or\n(b) a bushfire operational plan for the area; or\n(c) a bushfire management standard for the area.\n(2) Unless the commissioner is satisfied that there are urgent\ncircumstances, the commissioner must consult with the conservator\nbefore giving the direction.\n\n(3) The commissioner may, in consultation with the conservator, make\nguidelines for giving directions under this section in urgent\ncircumstances.\n","sortOrder":74},{"sectionNumber":"83","sectionType":"section","heading":"Failure to comply with direction","content":"83 Failure to comply with direction\ndirection given to the person under section 82.\nMaximum penalty: 50 penalty units\nNote Inspectors have powers in relation to compliance with the strategic\nbushfire management plan and bushfire operational plans (see div 5.5.3).\n","sortOrder":75},{"sectionNumber":"84","sectionType":"section","heading":"Fire fuel reduction","content":"84 Fire fuel reduction\nThe chief officer (fire and rescue service) and the chief officer (rural\nfire service) may, at any time in accordance with the strategic bushfire\nmanagement plan and the Environment Protection Act 1997, light a\ncontrolled fire anywhere in the ACT for the purpose of reducing the\nrisk of bushfire or the spread of bushfire.\n\n","sortOrder":76},{"sectionNumber":"85","sectionType":"section","heading":"Meaning of relevant chief officer—div 5.4.1","content":"85 Meaning of relevant chief officer—div 5.4.1\nIn this division:\nrelevant chief officer means—\n(a) in relation to premises in a built-up area—the chief officer (fire\nand rescue service); and\n(b) in relation to premises in a rural area—the chief officer (fire and\nrescue service) or the chief officer (rural fire service).\n","sortOrder":77},{"sectionNumber":"86","sectionType":"section","heading":"Notices for premises","content":"86 Notices for premises\n(1) This section applies if the relevant chief officer believes, on\nreasonable grounds, that any of the following is or is likely to present\na risk (from fire or other hazard) to public safety or to the safety of\npeople who are or are likely to be at premises:\n(a) the premises;\n(b) anything at the premises;\n(c) the lack or inadequacy of fire prevention measures or fire safety\nsystems on or in relation to the premises;\n(d) the use to which the premises are or are likely to be put;\n(e) the number of people likely to be at the premises at any time.\n\nNotices and directions for premises Division 5.4.1\n(2) The relevant chief officer may issue, for the premises—\n(a) an improvement notice; or\n(b) an occupancy notice; or\n(c) a closure notice.\n(3) The relevant chief officer must give a copy of the notice to—\n(a) the person the chief officer believes, on reasonable grounds, to\nbe the occupier of the premises; and\n(b) if that person is not the owner of the premises—the person the\nchief officer believes, on reasonable grounds, to be the owner of\nthe premises.\n","sortOrder":78},{"sectionNumber":"87","sectionType":"section","heading":"Improvement notices","content":"87 Improvement notices\n(1) An improvement notice for premises must state—\n(a) the action the occupier of the premises must take to reduce the\nrisk (from fire or other hazard) to public safety or to the safety\nof people who are or are likely to be at the premises, to a level\nthat the relevant chief officer considers acceptable; and\n(b) the period during which the action must be taken.\n(2) Before the end of the period stated in the improvement notice, the\nrelevant chief officer may, on the relevant chief officer’s initiative or\non application from the occupier of the premises, by written notice\ngiven to the occupier, extend the period.\n","sortOrder":79},{"sectionNumber":"88","sectionType":"section","heading":"Occupancy notices","content":"88 Occupancy notices\nAn occupancy notice for premises must direct the occupier of the\npremises not to allow more than the number of people stated in the\nnotice to be at the premises at any time.\n\n","sortOrder":80},{"sectionNumber":"89","sectionType":"section","heading":"Closure notices","content":"89 Closure notices\nA closure notice for premises must direct the occupier of the premises\nnot to allow anyone other than the occupier to be at the premises\nexcept—\n(a) in the course of the person’s employment with the occupier; or\n(b) to clean, maintain, repair or alter the premises or anything on\nthem; or\n(c) for this Act.\n","sortOrder":81},{"sectionNumber":"90","sectionType":"section","heading":"Display of improvement notices etc","content":"90 Display of improvement notices etc\n(1) The occupier of premises for which an improvement notice,\noccupancy notice or closure notice has been given must, while the\nnotice is in force, display a copy of the notice at every entrance to the\npremises.\n(2) The notice must be displayed in a way that it can be easily read by\npeople outside the premises.\n","sortOrder":82},{"sectionNumber":"91","sectionType":"section","heading":"Ending of notices for premises","content":"91 Ending of notices for premises\n(1) This section applies if an improvement notice, occupancy notice or\nclosure notice has been given to the occupier of premises.\n(2) The notice ends when the notice is revoked under this section.\n(3) The occupier may ask the relevant chief officer who gave the notice,\nin writing, for a reinspection of the situation or circumstances that\ncaused the notice to be given if the occupier considers there are no\ngrounds for the notice to continue.\n(4) If the relevant chief officer is satisfied that there are no grounds for\nthe notice to continue, the chief officer must revoke the notice by\nwritten notice given to the occupier.\n\nOffences relating to premises Division 5.4.2\n(5) Also, the notice is taken to be revoked on the 3rd business day after\nthe day the request for reinspection is received by the relevant chief\nofficer if—\n(a) the reinspection is not made within 2 business days after the day\nthe request is received; and\n(b) the person who made the request is not responsible, completely\nor partly, for the delay in making the reinspection.\nNote For the meaning of business day, see the Legislation Act, dict, pt 1.\n(6) This section does not prevent an improvement notice, closure notice\nor occupancy notice being given to the same person in relation to the\nsame situation or circumstance.\n","sortOrder":83},{"sectionNumber":"92","sectionType":"section","heading":"Direction to provide fire appliance at premises","content":"92 Direction to provide fire appliance at premises\nThe relevant chief officer may, in writing, direct the occupier of\npremises for the provision or installation of a fire appliance at the\npremises.\n","sortOrder":84},{"sectionNumber":"93","sectionType":"section","heading":"Failure to display improvement notice etc","content":"93 Failure to display improvement notice etc\n(1) A person commits an offence if the person—\n(a) has been given an improvement notice, occupancy notice or\nclosure notice; and\n(b) fails to display the notice in accordance with section 90.\nMaximum penalty: 10 penalty units.\n\n","sortOrder":85},{"sectionNumber":"94","sectionType":"section","heading":"Failure to comply with improvement notice etc","content":"94 Failure to comply with improvement notice etc\n(1) The occupier of premises commits an offence if the occupier fails to\ntake all reasonable steps to comply with an improvement notice,\noccupancy notice or closure notice given to the occupier.\nNote Inspectors have powers in relation to enforcement of notices (see\ndiv 5.5.3).\n","sortOrder":86},{"sectionNumber":"95","sectionType":"section","heading":"Offences about fire appliances","content":"95 Offences about fire appliances\n(1) The occupier of premises commits an offence if the occupier fails to\ncomply with a direction given to the occupier under section 92\n(Direction to provide fire appliance at premises).\n(2) The occupier of premises commits an offence if—\n(a) a fire appliance is provided or installed at the premises under a\ndirection under section 92; and\n(b) the occupier does not maintain the fire appliance in accordance\nwith a proper maintenance standard.\n(3) The occupier of premises commits an offence if—\n(a) a fire appliance at the premises has been removed, destroyed or\ndamaged or is defective; and\n(b) the occupier knows or is reckless about whether the fire\nappliance has been removed, destroyed or damaged or is\ndefective; and\n(c) the occupier fails to repair or replace the fire appliance.\n\nOffences relating to premises Division 5.4.2\n(4) An offence against subsection (1) is a strict liability offence.\n(5) Strict liability applies to subsection (3) (c).\nproper maintenance standard means—\n(a) AS 1851 (Routine service of fire protection systems and\nequipment) as in force from time to time; or\n(b) AS/NZS 2293.2 (Emergency evacuation lighting for buildings\nInspection and maintenance) as in force from time to time; or\n(c) a standard approved for the fire appliance as part of a building\napproval issued for the premises under the Building Act 2004,\nsection 28; or\n(d) a standard of maintenance prescribed by regulation.\n(7) The Legislation Act, section 47 (6) does not apply in relation to an\nAustralian Standard, or an Australian/New Zealand Standard,\napplied, adopted or incorporated as in force from time to time under\nthis section.\nNote The standards do not need to be notified under the Legislation Act\nbecause s 47 (6) does not apply (see Legislation Act, s 47 (7)). The\nstandards may be purchased at www.standards.org.au.\n","sortOrder":87},{"sectionNumber":"96","sectionType":"section","heading":"Obstruction of passageway, door etc","content":"96 Obstruction of passageway, door etc\n(a) the person puts anything in a passageway, stairway or exit that\npeople may use, or intend to use, for escape from premises if\nthere is a fire; and\n(b) the thing obstructs the passageway, stairway or exit; and\n\n(c) the person is reckless about whether the thing obstructs the\npassageway, stairway or exit.\n(2) A person commits an offence if the person—\n(a) does something to a door or exit in a passageway or stairway in\npremises that may prevent people using the door or exit to leave\nthe premises if there is a fire; and\n(b) is reckless about whether the thing would prevent people using\nthe door or exit to leave the premises if there is a fire.\n(3) A person commits an offence if the person fixes a fire door, smoke\ndoor or exit door in an open or closed position in a way that is not\napproved by the chief officer (fire and rescue service).\n(4) An offence against subsection (3) is a strict liability offence.\n","sortOrder":88},{"sectionNumber":"97","sectionType":"section","heading":"Offence to store etc flammable material to cause danger","content":"97 Offence to store etc flammable material to cause danger\nA person commits an offence if—\n(a) the person intentionally stores or deposits flammable material at\npremises; and\n(b) the material is stored or deposited in a way that causes, directly\nor indirectly, a danger to life or property if there is a fire; and\n(c) the person is reckless about whether the material causes a danger\nto life or property if there is a fire.\n\nDefinitions for pt 5.5 Division 5.5.1\n","sortOrder":89},{"sectionNumber":"Div 5","sectionType":"division","heading":"5.1 Definitions for pt 5.5","content":"Division 5.5.1 Definitions for pt 5.5\n","sortOrder":90},{"sectionNumber":"98","sectionType":"section","heading":"Definitions for pt 5.5","content":"98 Definitions for pt 5.5\noccupier, of land or premises, includes a person in charge of the land\nor premises.\nperson in charge, of land or premises, includes—\n(a) a person believed, on reasonable grounds, to be a person in\ncharge of, or the occupier of, the land or premises and a person\napparently in charge of, or the occupier of, the land or premises;\nand\n(b) anyone else in control of the land or premises.\n","sortOrder":91},{"sectionNumber":"99","sectionType":"section","heading":"Appointment of inspectors","content":"99 Appointment of inspectors\n(1) The chief officer (fire and rescue service) and the chief officer (rural\nfire service) are inspectors for this Act.\n(2) The chief officer (fire and rescue service) may appoint a member of\nthe fire and rescue service as an inspector for this Act.\n(3) The chief officer (rural fire service) may appoint a member of the\nrural fire service as an inspector for this Act.\nnaming a person or nominating the occupant of a position (see s 207).\n\n","sortOrder":92},{"sectionNumber":"100","sectionType":"section","heading":"Appointment of investigators","content":"100 Appointment of investigators\n(1) The chief officer (fire and rescue service) and the chief officer (rural\nfire service) are investigators for this Act.\n(2) The chief officer (fire and rescue service) may appoint a member of\nthe fire and rescue service as an investigator for this Act.\n(3) The chief officer (rural fire service) may appoint a member of the\nrural fire service as an investigator for this Act.\nnaming a person or nominating the occupant of a position (see s 207).\n","sortOrder":93},{"sectionNumber":"101","sectionType":"section","heading":"General powers of inspectors and investigators","content":"101 General powers of inspectors and investigators\nAn inspector or investigator who enters land or premises under this\npart may, for the exercise of a function under this Act, do 1 or more\nof the following in relation to the land or premises or anything at the\nland or premises:\n(a) inspect or examine;\n(b) take measurements or conduct tests;\n(c) take samples of water, soil or anything else;\n(d) make sketches, drawings or any other kind of record (including\nphotographs, films, or audio, video or other recordings);\n(e) take onto the land or premises any people, equipment or material\nthe inspector or investigator reasonably needs;\n(f) require the occupier, or anyone at the premises, to give\ninformation, answer questions, or produce documents or\nanything else, reasonably needed;\n\n(g) require the occupier, or anyone at the premises, to give the\ninspector or investigator reasonable assistance.\nNote 1 The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\nNote 2 Premises includes any land, structure or vehicle and any part of an area\n","sortOrder":94},{"sectionNumber":"102","sectionType":"section","heading":"Contravention of requirement by inspector or investigator","content":"102 Contravention of requirement by inspector or investigator\nA person must take all reasonable steps to comply with a requirement\nmade of the person under section 101 (f) or (g).\n","sortOrder":95},{"sectionNumber":"103","sectionType":"section","heading":"Inspector may enter land","content":"103 Inspector may enter land\n(1) An inspector may enter land—\n(a) to conduct a compliance audit for the land of—\n(i) the strategic bushfire management plan (including any\nbushfire operational plan approved under the plan); or\n(ii) the parts of a land management agreement that relate to fire\nfuel management; or\n(b) if the inspector believes, on reasonable grounds, that section 120\n(Fire prevention—obligations of rural land owners or managers)\nis not being complied with in relation to the land; or\n(c) if the inspector believes, on reasonable grounds, that a bushfire\nmanagement requirement, or bushfire operational plan, under\nthe strategic bushfire management plan for the land is not being\ncomplied with.\n(2) The inspector must give the owner or manager of the land written\nnotice of the proposed entry stating the time and purpose of the entry.\n\n(3) The time of the proposed entry must be at least 24 hours after the\nnotice is given.\n(4) However, the inspector must not remain on the land if the inspector\ndoes not produce the inspector’s identity card for inspection when\nasked by the occupier of the land.\n","sortOrder":96},{"sectionNumber":"104","sectionType":"section","heading":"Inspector may enter premises","content":"104 Inspector may enter premises\n(1) An inspector may, at any time, enter premises—\n(a) if the inspector believes, on reasonable grounds that there is\nsomething at the premises that is, or is likely to be, a danger to\nlife or property if there is a fire; or\n(b) to find out whether grounds exist for an improvement notice,\noccupancy notice or closure notice; or\n(c) to find out whether the premises comply with any relevant fire\nand safety requirements, maintenance or testing requirements in\nthe building code or any standard applying to the premises under\na territory law.\n(2) For subsection (1) (c) a requirement is relevant if it was a requirement\nfor a certificate of occupancy or regularisation for the premises under\nthe Building Act 2004.\n(3) However, the inspector must not remain at the premises if the\ninspector does not produce the inspector’s identity card for inspection\nwhen asked by the occupier of the premises.\n\n","sortOrder":97},{"sectionNumber":"105","sectionType":"section","heading":"Enforcement of improvement, occupancy and closure","content":"105 Enforcement of improvement, occupancy and closure\nnotices\n(1) An inspector may take all reasonable steps to ensure that an\nimprovement notice, occupancy notice or closure notice is complied\nwith.\n(2) Without limiting subsection (1), the inspector may do any of the\nfollowing if the inspector believes on reasonable grounds that a\nperson has contravened the notice:\nnecessary and reasonable;\n(b) prevent a person from entering the premises;\n(c) remove a person from the premises.\n(3) An amount of expenses incurred by an inspector in doing anything\nmentioned in subsection (1) may be recovered by the Territory as a\ndebt owing to the Territory by the owner of the premises.\n","sortOrder":98},{"sectionNumber":"106","sectionType":"section","heading":"Direction to remove flammable material from premises","content":"106 Direction to remove flammable material from premises\n(1) If an inspector believes, on reasonable grounds, that flammable\nmaterial is kept on particular premises in a way that may cause,\ndirectly or indirectly, a danger to life or property if there is a fire, the\ninspector may direct the owner of the premises to take stated action\nto remove the danger.\n(2) In deciding whether to give the direction, the inspector must consider\nthe following:\n(a) the amount and kind of flammable material at the premises;\n(b) climatic conditions affecting the premises and nearby area;\n(c) the nature, location and use of the premises and nearby\npremises;\n\n(d) the possible effect of any fire at the premises and nearby\npremises;\n(e) the availability of firefighting facilities;\n(f) the action the inspector believes, on reasonable grounds, is\nnecessary to remove the danger;\n(g) the period within which the inspector believes it is necessary for\nthe action to be taken.\n(3) The inspector may also consider any other relevant matter.\n(4) The direction must be in writing and must state—\n(a) the action the owner must take to remove the danger; and\n(b) the period (not shorter than 14 days after the day the direction is\ngiven to the owner) within which the action must be taken; and\n(c) that, if the owner fails to comply with the direction, the inspector\nmay arrange for the removal of the danger at the owner’s\nexpense; and\n(d) if the direction requires material to be burnt—that the burning\nmust be done in accordance with this Act and the Environment\nProtection Act 1997.\n(5) The direction must not be inconsistent with the Environment\nProtection Act 1997.\n\n","sortOrder":99},{"sectionNumber":"107","sectionType":"section","heading":"Contravention of direction to remove flammable material","content":"107 Contravention of direction to remove flammable material\nfrom premises\nthat a person has contravened a direction under section 106.\n(2) The inspector may—\nnecessary and reasonable; and\n(b) arrange for the action to be taken that is necessary to remove the\ndanger.\n(3) At least 24 hours before the inspector enters the premises, the\ninspector must give written notice to the owner and occupier of the\npremises stating the time and purpose of entry.\n(4) An amount of expenses incurred in taking action under subsection (2)\n(b) may be recovered by the Territory as a debt owing to the Territory\nby the owner of the premises.\n","sortOrder":100},{"sectionNumber":"108","sectionType":"section","heading":"Emergency direction to remove flammable material from","content":"108 Emergency direction to remove flammable material from\npremises\nthat—\n(a) a fire emergency applies to particular premises; and\n(b) flammable material kept at the premises is an immediate and\nserious danger to life or property if there is a fire; and\n(c) having regard to the danger, it is not appropriate to give a\ndirection under section 106 (Direction to remove flammable\nmaterial from premises) to eliminate the danger.\n\n(2) The inspector may—\nnecessary and reasonable; and\n(b) either—\n(i) direct the occupier to take stated action; or\n(ii) arrange for the action to be taken.\n(3) A direction may be given orally or in writing.\n(4) A direction must state—\n(a) the action the inspector believes, on reasonable grounds, is\nnecessary and reasonable for the occupier to take in the\nemergency to remove the danger; and\n(b) the period within which the action must be taken.\n(5) An amount of expenses incurred in taking action under subsection (2)\n(b) (ii) may be recovered by the Territory as a debt owing to the\nTerritory by the owner of the premises.\nfire emergency means—\n(a) a total fire ban; or\n(b) a situation in which there is an immediate and serious danger to\nlife or property from the outbreak or spread of fire.\n","sortOrder":101},{"sectionNumber":"109","sectionType":"section","heading":"Directions to comply with fire prevention obligations etc","content":"109 Directions to comply with fire prevention obligations etc\nthat a person is in breach of—\n(a) section 120 (Fire prevention—obligations of rural land owners\nor managers); or\n\n(b) a bushfire management requirement, or bushfire operational\nplan, under the strategic bushfire management plan; or\n(c) a bushfire management standard.\n(2) The inspector may direct the person, in writing, to comply with\nsection 120, the bushfire management requirement or the bushfire\noperational plan.\n(3) In deciding whether to give the direction, the inspector must\nconsider—\n(a) the amount and kind of litter, timber or vegetation on the land\n(whether alive or dead); and\n(b) the amount and kind of other flammable materials on the land;\nand\n(c) climatic conditions affecting the land; and\n(d) the nature, location and use of the land and nearby land; and\n(e) the possible effect of any fire on the land and nearby land.\n(4) The inspector may also consider any other relevant matter.\n(5) The direction must state—\n(a) a period within which the direction must be complied with; and\n(b) the penalty for failure to comply with the direction.\n(6) Unless the direction is given on a day or during a period when a total\nfire ban is in force, the period for compliance must be at least 14 days\nafter the day the direction is given to the person.\n\n","sortOrder":102},{"sectionNumber":"110","sectionType":"section","heading":"Contravention of direction","content":"110 Contravention of direction\ndirection under section 109 (2) (Directions to comply with fire\nprevention obligations etc).\n","sortOrder":103},{"sectionNumber":"111","sectionType":"section","heading":"Investigator may enter land or premises","content":"111 Investigator may enter land or premises\n(1) To investigate the cause or origin of a fire, an investigator may at any\ntime enter land or premises where, or near where, the fire happened.\n(2) However, the investigator must not remain on the land or premises if\nthe investigator does not produce the investigator’s identity card for\ninspection when asked by the occupier of the land or premises.\n","sortOrder":104},{"sectionNumber":"112","sectionType":"section","heading":"Investigation of fires","content":"112 Investigation of fires\n(1) To investigate the cause or origin of a fire an investigator may—\n(a) search land or premises where, or near where, the fire happened;\nand\n(b) take possession of the land or premises and of anything on the\nland or premises; and\n(c) remove anything from the land or premises; and\n(d) prevent anyone from entering or remaining at the premises; and\n(e) remove someone from the premises; and\n(f) prevent someone from taking anything from the premises.\n\nInvestigators Division 5.5.4\n(2) The investigator may also do anything the investigator considers\nnecessary to make the premises or land, or nearby areas, safe.\nin investigating the cause of a fire, an investigator may also remove dangerous\nmaterials\n(3) Subsections (1) and (2) are in addition to anything the investigator\nmay do under section 101 (General powers of inspectors and\ninvestigators).\n(4) The investigator may keep possession of the land or premises and\nanything on, or removed by the investigator from, the land or\npremises—\n(a) if there is, or the investigator believes there may be, an inquiry\nunder the Coroners Act 1997 in relation to the fire—until the\nend of the inquiry or until the investigator is satisfied there will\nnot be an inquiry; and\n(b) in any other case—for the time the investigator considers\nappropriate.\n","sortOrder":105},{"sectionNumber":"113","sectionType":"section","heading":"Investigator’s power to require name and address","content":"113 Investigator’s power to require name and address\n(1) An investigator may require a person to state the person’s name and\nhome address if the investigator believes, on reasonable grounds, that\nthe person may be able to assist the investigator in investigating the\ncause of a fire.\n(2) If an investigator makes a requirement of a person under\nsubsection (1), the investigator must—\n(a) tell the person the reasons for the requirement; and\n(b) as soon as practicable, record those reasons.\n\n(3) A person commits an offence if the person contravenes a requirement\nunder subsection (1).\n(4) However, a person is not required to comply with a requirement under\nsubsection (1) if, when asked by the person, the investigator does not\nproduce the investigator’s identity card for inspection by the person.\n(5) Subsection (4) does not apply in relation to an investigator who is a\nmember of an emergency service, or a police officer, in uniform.\n(6) An offence against this section is a strict liability offence.\n\nDefinitions—pt 5.6 Division 5.6.1A\n","sortOrder":106},{"sectionNumber":"Part 5","sectionType":"part","heading":"6 Total fire ban, controlled","content":"Part 5.6 Total fire ban, controlled\nactivities, related offences and\nfire permits\nDivision 5.6.1A Definitions—pt 5.6\n","sortOrder":107},{"sectionNumber":"113A","sectionType":"section","heading":"Definitions—pt 5.6","content":"113A Definitions—pt 5.6\nfire permit—see section 126A.\nfirework means a firework within the meaning of the Dangerous\nSubstances (Explosives) Regulation 2004, dictionary other than a\ngeneral use firework within the meaning of that regulation,\nsection 259.\nhigh risk activity means any of the following:\n(a) welding;\n(b) grinding;\n(c) soldering;\n(d) gas cutting;\n(e) conduct prescribed by regulation.\ntotal fire ban—see section 114 (2).\n","sortOrder":108},{"sectionNumber":"114","sectionType":"section","heading":"Declaration of total fire ban","content":"114 Declaration of total fire ban\n(1) This section applies if the commissioner is satisfied that—\n(a) severe weather conditions conducive to the spread of fire exist\nor are likely; or\n\n(b) because of the number, nature or location of any existing fires,\nit is appropriate to declare a total fire ban.\n(2) The commissioner may, in writing, declare a ban (a total fire ban).\n(3) A declaration—\n(a) must state the period the total fire ban is in force; and\n(b) may apply to all or part of the ACT.\n","sortOrder":109},{"sectionNumber":"115","sectionType":"section","heading":"Publication of total fire ban","content":"115 Publication of total fire ban\n(1) As soon as possible after declaring a total fire ban, the commissioner\nmust ensure that notice of the total fire ban is—\n(2) A failure to comply with subsection (1) does not affect the validity of\nthe declaration.\n","sortOrder":110},{"sectionNumber":"116","sectionType":"section","heading":"Offence—lighting etc fire during total fire ban","content":"116 Offence—lighting etc fire during total fire ban\n(a) the person lights, maintains or uses a fire, or uses a firework, in\nthe open air in an area; and\n(b) a total fire ban is in force for the area.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\n(2) Strict liability applies to paragraph (1) (b).\n\nTotal fire bans Division 5.6.1\n(3) Subsection (1) does not apply to—\n(a) a fire lit, maintained or used for fire prevention by anyone acting\nunder this Act; or\n(b) the maintenance of a fire declared by the commissioner under\nsection 117 to be an exempt fire; or\n(c) the lighting, maintenance or use of a fire, or the use of a\nfirework, in accordance with a fire permit; or\n(d) a fire prescribed by regulation that is lit, maintained or used in\naccordance with a regulation.\n","sortOrder":111},{"sectionNumber":"116A","sectionType":"section","heading":"Offence—high risk activity during total fire ban","content":"116A Offence—high risk activity during total fire ban\n(a) the person undertakes a high risk activity in the open air in an\narea; and\n(b) a total fire ban is in force for the area.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n(2) Strict liability applies to subsection (1) (b).\n(3) Subsection (1) does not apply to—\n(a) a high risk activity undertaken for fire prevention by anyone\nacting under this Act; or\n(b) a high risk activity undertaken in accordance with a fire permit;\nor\n(c) a high risk activity prescribed by regulation as an exempt high\nrisk activity and undertaken in accordance with a regulation.\n\n","sortOrder":112},{"sectionNumber":"117","sectionType":"section","heading":"Declaration of exempt fires","content":"117 Declaration of exempt fires\n(1) The commissioner may declare a fire to be an exempt fire if—\n(a) the fire is maintained for a ceremonial or commemorative\npurpose; and\n(b) the fire is less than 1m3 in volume; and\n(c) the area for at least 3m around the fire is clear of flammable\nmaterial; and\n(d) reasonable steps have been taken to prevent the fire escaping.\n(2) A declaration is a notifiable instrument.\nDivision 5.6.2 Controlled activities and offences\nrelating to fire\n","sortOrder":113},{"sectionNumber":"119","sectionType":"section","heading":"Bushfire season","content":"119 Bushfire season\n(1) For this division, the bushfire season is the period from the beginning\nof October in a year to the end of March in the next year.\n(2) However, the commissioner may declare a different date to be the\nbeginning or end of a particular bushfire season.\n(3) Before making a declaration, the commissioner must consult with the\nadvisory council.\n(4) A declaration is a notifiable instrument.\n","sortOrder":114},{"sectionNumber":"120","sectionType":"section","heading":"Fire prevention—obligations of rural land owners or","content":"120 Fire prevention—obligations of rural land owners or\nmanagers\n(1) The owner or manager of land in a rural area must take all reasonable\nsteps—\n(a) to prevent and inhibit the outbreak and spread of fire on the land;\nand\n\n(b) to protect property from fire on the land or spreading from the\nland.\n(2) For subsection (1), in deciding what steps are reasonable regard must\nbe had to the following:\n(a) the amount and kind of litter, timber or vegetation on the land\n(whether alive or dead);\n(b) the amount and kind of other flammable material on the land;\n(c) climatic conditions affecting the land;\n(d) the location and use of the land and nearby land;\n(e) the possible effect of any fire on the land and nearby land.\n(3) Subsection (2) does not limit the matters to which regard must be had.\n(4) A person commits an offence if the person fails to comply with\nsubsection (1).\n(b) in any other case—50 penalty units\n(5) An offence against this section is a strict liability offence.\n","sortOrder":115},{"sectionNumber":"121","sectionType":"section","heading":"Notification of fire etc—obligations of owners or","content":"121 Notification of fire etc—obligations of owners or\noccupiers of rural land\n(1) If a person who is the owner or occupier of rural land becomes aware\nof an outbreak of uncontrolled fire on the land (or on unleased\nCommonwealth or territory land adjacent to the land), the person\nmust—\n(a) immediately take all reasonable steps to tell the commissioner,\na member of the fire and rescue service or rural fire service, or\na police officer, of the outbreak; and\n\nimmediately telephoning 000 emergency about the outbreak\n(b) if the outbreak is on the land owned or occupied by the person\nand it is not beyond the person’s capacity to extinguish the fire—\ntake all reasonable steps to extinguish it.\n(2) A person commits an offence if the person fails to comply with\nsubsection (1).\n(b) in any other case—50 penalty units\n(3) An offence against this section is a strict liability offence.\n","sortOrder":116},{"sectionNumber":"122","sectionType":"section","heading":"Using fires and appliances for cooking etc in open air","content":"122 Using fires and appliances for cooking etc in open air\n(1) This section does not apply if a total fire ban is in force.\n(2) A person may use an electric or gas heating appliance to cook food or\nheat liquids in the open air on any land if the area around the appliance\nis cleared of flammable material for at least 3m in every direction.\n(3) A person may light, maintain or use a fire in the open air on unleased\nTerritory or Commonwealth land in the fireplaces provided by the\nTerritory or Commonwealth.\n(4) A person may light, maintain or use a fire in the open air on unleased\nTerritory or Commonwealth land to cook food or heat liquids, other\nthan in the fireplaces provided by the Territory or Commonwealth,\nif—\n(a) the person does so in accordance with a fire permit; and\n(b) the area around the place where the fire is to be lit, maintained\nor used is cleared of flammable material for at least 3m in every\ndirection; and\n(c) the fire is under the control of a responsible adult; and\n\n(d) an adequate means of putting out the fire is available for use.\n• a fire extinguisher\n• a fire blanket\n• a continuous stream of water\n(5) A person may light, maintain or use a fire in the open air on residential\nland for heating or to cook food or heat liquids if—\n(a) the area around the place where the fire is to be lit, maintained\nor used is cleared of flammable material for at least 3m in every\ndirection; and\n(b) the fire is under the control of a responsible adult; and\n(c) an adequate means of putting out the fire is available for use.\nresidential land means land leased for a residential purpose.\n","sortOrder":117},{"sectionNumber":"123","sectionType":"section","heading":"Lighting fires for burning off","content":"123 Lighting fires for burning off\n(1) This section does not apply if a total fire ban is in force.\n(2) The owner of land may burn any material (including wood, straw,\nstubble, grass and herbage) on the land on any day outside the\nbushfire season if—\n(a) the land around the material to be burnt is clear of flammable\nmaterial for at least 5m in every direction; and\n(b) at least 24 hours before burning the material, the owner has\ngiven notice of the intended burning to every occupier of land\nadjacent to the land where the material is to be burnt.\n(3) The owner of land may burn any material (including wood, straw,\nstubble, grass and herbage) on the land on any day in the bushfire\nseason if the owner does so in accordance with a fire permit.\n\n(4) The owner of land may also burn material on any day (whether in or\noutside the bushfire season) in accordance with the commissioner’s\noral approval.\n(5) The commissioner may give an approval for subsection (4) if the\ncommissioner considers it is reasonable because of the nature or small\namount of the material to be burned.\n(6) This section does not affect—\n(a) the duties of a person under the Environment Protection\nAct 1997, section 22 (General environmental duty); or\n(b) any obligation to hold an authorisation under that Act,\nsection 42 (Conducting prescribed classes of activities); or\n(c) any other obligation under that Act.\n(7) In this section, a reference to the owner of land includes a reference\nto a person who acts for, or with the consent of, the owner of the land.\n","sortOrder":118},{"sectionNumber":"125","sectionType":"section","heading":"Offence—lighting unauthorised fire","content":"125 Offence—lighting unauthorised fire\n(a) the person—\n(i) intentionally lights, maintains or uses a fire in the open air,\nor burns flammable material, on any land; or\n(ii) engages in conduct reckless about whether the conduct\nwould cause a fire to be lit or maintained in the open air, or\nflammable material to be burnt, on any land; and\n(b) the lighting or burning is not permitted under this Act or done\nfor fire prevention by anyone acting under this Act.\nunits, imprisonment for 1 year or both; and\n\n(b) in any other case—50 penalty units, imprisonment for 6 months\nor both.\nflammable material includes wood, straw, stubble, grass and\nherbage.\n","sortOrder":119},{"sectionNumber":"126","sectionType":"section","heading":"Offence—leaving fire without extinguishing it","content":"126 Offence—leaving fire without extinguishing it\n(1) A person commits an offence if the person—\n(a) lights, maintains or uses a fire in the open air on any land; and\n(b) leaves the fire (whether temporarily or not) without\nextinguishing it.\n(b) in any other case—50 penalty units.\n(2) Subsection (1) does not apply if the person leaves the fire under the\ncontrol of a responsible adult.\n(3) Subsection (1) does not apply to a fire lit, maintained or used for fire\nprevention by anyone acting under this Act.\nlighting a controlled fire in a rural area to reduce the risk of bushfire under\nsection 84 (Fire fuel reduction)\n(4) An offence against this section is a strict liability offence.\n\n","sortOrder":120},{"sectionNumber":"126A","sectionType":"section","heading":"Commissioner may issue fire permit","content":"126A Commissioner may issue fire permit\n(1) The commissioner may, at any time, issue a written permit (a fire\npermit) authorising a person to carry out any of the following (a\nproposed activity) for a period:\n(a) light, maintain or use a fire;\n(b) use a firework;\n(c) undertake a high risk activity.\n(2) An application for a fire permit must state—\n(a) the location of the proposed activity; and\n(b) the nature of the proposed activity; and\n(c) the date and time of the proposed activity; and\n(d) the safety precautions to be undertaken in relation to the\nproposed activity.\n(3) In deciding whether to issue a fire permit, the commissioner—\n(a) must consider—\n(i) the matters stated in the application; and\n(ii) the weather conditions forecast for the time of the proposed\nactivity; and\n(iii) the availability of the Territory’s firefighting resources for\nthe time of the proposed activity; and\n(b) may consider any other relevant matter.\n(4) A fire permit must—\n(a) state the following:\n(i) the person to whom the permit is issued;\n\nFire permits Division 5.6.3\n(ii) the day the permit comes into force and the day it expires;\n(iii) whether or not the permit remains in force when a total fire\nban is also in force;\n(iv) the conditions (if any) on the permit; and\n(b) include any other information prescribed by regulation.\n","sortOrder":121},{"sectionNumber":"126B","sectionType":"section","heading":"Operation of fire permit","content":"126B Operation of fire permit\n(1) A fire permit issued to a person does not affect the person’s—\n(a) duties under the Environment Protection Act 1997, section 22\n(General environmental duty); or\n(b) obligation to hold an authorisation under that Act, section 42\n(Conducting prescribed classes of activities); or\n(c) other obligations, if any, under that Act.\n(2) A fire permit is subject to the conditions (if any) stated in the permit.\n(3) A fire permit that does not state that it remains in force during a total\nfire ban is suspended for the period a total fire ban is in force, unless\nthe total fire ban is declared not to apply to a part of the ACT where\nthe activity authorised by the fire permit is carried out.\n\n","sortOrder":122},{"sectionNumber":"127","sectionType":"section","heading":"Establishment of multi-hazard advisory council","content":"127 Establishment of multi-hazard advisory council\nThe ACT Multi-Hazard Advisory Council is established.\n","sortOrder":123},{"sectionNumber":"128","sectionType":"section","heading":"Constitution of advisory council","content":"128 Constitution of advisory council\n(1) The advisory council consists of—\n(a) a chairperson; and\n(b) a deputy chairperson; and\n(c) at least 3, but not more than 10, other members.\n(2) The deputy chairperson acts in the position of chairperson—\n(a) during all vacancies in the position; and\n(b) during all periods when the chairperson cannot for any reason\nexercise the functions of the position.\n","sortOrder":124},{"sectionNumber":"129","sectionType":"section","heading":"Advisory council members","content":"129 Advisory council members\n(1) The Minister must appoint the advisory council members.\n(2) The Minister may appoint a person as a member only if the Minister\nconsiders the person has the appropriate qualifications or experience\nto assist the council to exercise its functions.\n(3) The following must not be appointed under subsection (1):\n(a) the commissioner;\n(b) an assistant commissioner;\n(c) the chief officer of an emergency service.\n\nMulti-hazard advisory council Chapter 6\n(4) A person must not be appointed for a term that is longer than 4 years.\n(5) A person must not be appointed for more than 2 consecutive terms.\n","sortOrder":125},{"sectionNumber":"130","sectionType":"section","heading":"Functions of advisory council","content":"130 Functions of advisory council\n(1) The advisory council has the following functions:\n(a) advising the Minister about matters relating to natural hazards;\n(b) if the commissioner asks for the council’s advice before\nexercising a function relating to natural hazards—advising the\ncommissioner about the exercise of the function;\nNote The commissioner must ask for the advisory council’s advice\nbefore exercising certain functions (see s 10).\n(c) any other function—\n(i) given to the council under this Act or another territory law;\nor\n(ii) prescribed by regulation.\nNote A provision of a law that gives an entity a function also gives the entity\npowers necessary and convenient to exercise the function (see Legislation\nAct, s 196).\n(2) The council may publish advice given under subsection (1) (a) or (b)\nif the council first consults the commissioner about publishing the\nadvice.\n","sortOrder":126},{"sectionNumber":"131","sectionType":"section","heading":"Director-general to give support to advisory council","content":"131 Director-general to give support to advisory council\nThe director-general must provide administrative support and\nfacilities for the advisory council.\n\n","sortOrder":127},{"sectionNumber":"132","sectionType":"section","heading":"Ending of advisory council members’ appointments","content":"132 Ending of advisory council members’ appointments\nThe Minister may end the appointment of an advisory council\nmember—\n(a) for misbehaviour; or\n(b) for physical or mental incapacity, if the incapacity affects the\nexercise of the member’s functions; or\n(c) if the member—\n(i) becomes bankrupt or personally insolvent; or\n(ii) is absent, other than on leave approved by the Minister,\nfrom 3 consecutive meetings of the advisory council; or\n(iii) contravenes section 134 (Disclosure of interests by\nadvisory council members) without reasonable excuse; or\n(iv) commits, in Australia or elsewhere, an offence punishable\nby imprisonment for at least 1 year; or\n(d) if the Minister is satisfied that the member’s ability to function\nas a member is affected by an interest disclosed under\nsection 134.\n","sortOrder":128},{"sectionNumber":"133","sectionType":"section","heading":"Advisory council terms of reference and procedures","content":"133 Advisory council terms of reference and procedures\n(1) The Minister may, on the Minister’s own initiative or in consultation\nwith the advisory council, determine the terms of reference and the\nprocedures for the council.\n(2) A determination under subsection (1) is a notifiable instrument.\n(3) If the Minister has not made a determination about the council’s\nprocedures, the council may decide its own procedures in relation to\nanything for which a procedure is not provided under this Act.\n\nMulti-hazard advisory council Chapter 6\n","sortOrder":129},{"sectionNumber":"134","sectionType":"section","heading":"Disclosure of interests by advisory council members","content":"134 Disclosure of interests by advisory council members\n(1) An advisory council member who has a relevant interest in an issue\nbeing considered, or about to be considered, by the council must, as\nsoon as practicable after the relevant facts have come to the member’s\nknowledge, disclose the nature of the interest at a meeting of the\ncouncil.\n(2) The disclosure must be recorded in the advisory council’s minutes\nand, unless the council otherwise decides, the member must not—\n(a) be present when the council considers the issue; or\n(b) take part in a decision of the council on the issue.\n(3) Any other advisory council member who also has a relevant interest\nin the issue must not—\n(a) be present when the council is considering its decision under\nsubsection (2); or\n(b) take part in the decision.\nrelevant interest, in an issue, means—\n(a) a direct or indirect financial interest in the issue; or\n(b) a direct or indirect interest of any other kind if the interest could\nconflict with the proper exercise of the advisory council\nmember’s functions in relation to the council’s consideration of\nthe issue.\n","sortOrder":130},{"sectionNumber":"135","sectionType":"section","heading":"Reporting of disclosed interests to Minister","content":"135 Reporting of disclosed interests to Minister\n(1) Within 14 days after the disclosure of an interest under\nsection 134 (1), the advisory council chairperson must report to the\nMinister in writing about—\n(a) the disclosure; and\n\n(b) the nature of the interest disclosed; and\n(c) any decision by the council under section 134 (2).\n(2) The advisory council chairperson must give the Minister, by 31 July\neach year, a statement that sets out the information given to the\nMinister in reports under subsection (1) that relate to disclosures\nmade during the previous financial year.\n(3) The Minister must give a copy of the statement to the relevant\nAssembly committee within 14 days after the day the Minister\nreceives the statement.\n\nSecurity and Emergency Management Senior Officials Group Part 7.1\n","sortOrder":131},{"sectionNumber":"Part 7","sectionType":"part","heading":"1 Security and Emergency","content":"Part 7.1 Security and Emergency\nManagement Senior Officials\nGroup\n","sortOrder":132},{"sectionNumber":"141","sectionType":"section","heading":"Security and Emergency Management Senior Officials","content":"141 Security and Emergency Management Senior Officials\nGroup\nThe Security and Emergency Management Senior Officials Group\n(SEMSOG) is established.\n","sortOrder":133},{"sectionNumber":"142","sectionType":"section","heading":"Constitution of SEMSOG","content":"142 Constitution of SEMSOG\n(1) The SEMSOG consists of—\n(a) the director-general of each administrative unit; and\n(b) the under treasurer; and\n(c) the commissioner; and\n(d) the chief officer (ambulance service); and\n(e) the chief officer (fire and rescue service); and\n(f) the chief officer (rural fire service); and\n(g) the chief officer (SES); and\n(h) the chief police officer; and\n(i) the chief health officer; and\n(j) the other members appointed under subsection (2).\n(2) The Minister may appoint other members of the SEMSOG.\n(3) The director-general is the chair of the SEMSOG.\n\nPart 7.1 Security and Emergency Management Senior Officials Group\nunder treasurer—see the Financial Management Act 1996,\ndictionary.\n","sortOrder":134},{"sectionNumber":"143","sectionType":"section","heading":"Functions of SEMSOG","content":"143 Functions of SEMSOG\n(1) The main function of the SEMSOG is to provide for liaison between\nentities in relation to security and emergency management.\n(2) In exercising the function, the SEMSOG must seek to—\n(a) enhance security and emergency management capabilities; and\n(b) reduce community vulnerability to the effects of emergencies;\nand\n(c) improve security and emergency management awareness and\ntraining.\n(3) The SEMSOG has the following additional functions:\n(a) to advise the Minister and the Chief Minister about security and\nemergency management;\n(b) to support the commissioner and the chief police officer in\nsecurity and emergency management;\n(c) to support the preparation of—\n(i) the emergency plan or any part of the plan; and\n(ii) an emergency sub-plan; and\n(iii) a community communication and information plan;\n(d) any other function prescribed by regulation.\n\nEmergency plan Part 7.2\n","sortOrder":135},{"sectionNumber":"147","sectionType":"section","heading":"Emergency plan","content":"147 Emergency plan\nemergency plan for the ACT.\n(2) After considering the draft plan, the Minister must, in writing, make\nan emergency plan for the ACT.\n(3) The emergency plan must provide a basis for—\n(a) emergency management; and\n(b) coordination of emergency service agencies; and\n(c) coordination of Territory, Commonwealth and State agencies;\nand\n(d) coordination of other entities.\n(4) The commissioner must monitor—\n(a) the scope of the emergency plan in relation to the range of\nemergencies to which it relates; and\n(b) the effectiveness of the emergency plan in relation to each kind\nof emergency.\n(5) The commissioner may recommend amendments of the emergency\nplan to the Minister.\n\n","sortOrder":136},{"sectionNumber":"148","sectionType":"section","heading":"Emergency sub-plans","content":"148 Emergency sub-plans\n(1) The Minister may make a plan for a hazard specific emergency for\nthe ACT (an emergency sub-plan).\nExamples—hazard specific emergency\n• terrorist attack\n• flood emergency\n• storm emergency\n• bushfire emergency\n• urban fire emergency\n• chemical or hazardous material incident\n• disease or epidemic emergency\n(2) An emergency sub-plan may provide a basis for coordination of—\n(a) emergency service agencies; and\n(b) Territory, Commonwealth and State agencies; and\n(c) other entities.\n(3) An emergency sub-plan must not be inconsistent with the emergency\nplan.\n","sortOrder":137},{"sectionNumber":"149","sectionType":"section","heading":"Community communication and information plan","content":"149 Community communication and information plan\n(1) The Minister must make a plan (a community communication and\ninformation plan) for communicating information to the community\nduring an emergency.\n(2) The community communication and information plan must include—\n(a) provisions about when and how reports must be given to the\ncommunity, and the kinds of reports that must be given; and\n• incident reports\n• situation reports\n\nEmergency plan Part 7.2\n(b) provisions to ensure—\n(i) that arrangements are made with a number of media\norganisations to establish adequate and reliable\ncommunications; and\n(ii) that the media has appropriate training.\ninvolving the media in regular emergency exercises\n","sortOrder":138},{"sectionNumber":"149A","sectionType":"section","heading":"Preparation of community communication and","content":"149A Preparation of community communication and\ninformation plan\ncommunity communication and information plan for communicating\ninformation to the community during an emergency.\n(2) In preparing the draft plan the commissioner must consult the\nSEMSOG.\n(3) After considering the draft plan, the Minister must, in writing, make\na community communication and information plan for the ACT.\n","sortOrder":139},{"sectionNumber":"149B","sectionType":"section","heading":"Communicating information about emergencies","content":"149B Communicating information about emergencies\nThe commissioner must ensure that information about emergencies is\ngiven to the community in accordance with the community\ncommunication and information plan.\n\n","sortOrder":140},{"sectionNumber":"150","sectionType":"section","heading":"Application—pt 7.3","content":"150 Application—pt 7.3\n(1) This part applies to an emergency that, because of its scale or\nnature—\n(a) presents a significant danger to the health or safety of people,\nanimals or property in the ACT or to the environment of the\nACT; or\n(b) presents a significant risk of disruption of essential services in\nthe ACT.\n(2) To remove any doubt, this part applies to an emergency even if events\nor circumstances giving rise to the emergency exist or happen outside\nthe ACT.\n(3) This part does not authorise the taking of measures directed at—\n(a) ending an industrial dispute; or\n(b) dealing with a riot or other civil disturbance.\n","sortOrder":141},{"sectionNumber":"Div 7","sectionType":"division","heading":"3.1A Emergency controller and deputy","content":"Division 7.3.1A Emergency controller and deputy\nemergency controller\n","sortOrder":142},{"sectionNumber":"150A","sectionType":"section","heading":"Appointment of emergency controller","content":"150A Appointment of emergency controller\n(1) This section applies if the Chief Minister—\n(a) is satisfied that––\n(i) an emergency has happened, is happening or is likely to\nhappen; but\n(ii) it is not necessary to declare a state of emergency; or\n\n(b) declares that a state of emergency exists in relation to an\n(2) The Chief Minister—\n(a) for subsection (1) (a)—may appoint a person to be the\nemergency controller for the emergency; and\n(b) for subsection (1) (b)—must appoint a person to be the\nemergency controller for the declared state of emergency.\nNote 3 If the Chief Minister is absent from duty or otherwise unable to exercise\nMinister (see Australian Capital Territory (Self-Government)\nAct 1988 (Cwlth), s 44).\n(4) The appointment of the emergency controller for an emergency under\nsubsection (1) (a) must be for a term of not longer than 28 days.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n(5) If a person is appointed as the emergency controller for an emergency\nunder subsection (1) (a) and the Chief Minister declares a state of\nemergency in relation to the emergency, the person is taken to be\nappointed under subsection (2) (b) as the emergency controller for the\ndeclared state of emergency.\n(6) However, the Chief Minister may appoint someone else under\nsubsection (2) (b) to be the emergency controller for the declared state\nof emergency.\n\n(7) The appointment of a person as the emergency controller—\n(a) for an emergency under subsection (1) (a)—ends on the earliest\nof the following occurring:\n(i) the appointment is revoked;\n(ii) the person is taken to be the emergency controller for a\ndeclared state of emergency under subsection (5);\n(iii) another person is appointed to be the emergency controller\nfor a declared state of emergency as mentioned in\nsubsection (6);\n(iv) the term of the appointment ends; or\n(b) for a declared state of emergency under subsection (1) (b)—ends\nif the appointment is revoked.\n(8) The Chief Minister may be satisfied that an emergency is likely to\n","sortOrder":143},{"sectionNumber":"150B","sectionType":"section","heading":"Functions of emergency controller","content":"150B Functions of emergency controller\n(1) An emergency controller appointed under section 150A for an\nemergency has the following functions in relation to the emergency:\n(a) to manage the response to, and the recovery from, the\nemergency by ensuring that entities dealing with the emergency\nare appropriately deployed;\n(b) to coordinate the disposition of other resources to manage the\nemergency;\n(c) to advise the Minister and the Chief Minister about the\nemergency;\n\n(d) to advise the community on anything relating to the emergency\nthat the emergency controller considers appropriate;\n(e) any other function given to the emergency controller under this\nAct or another territory law.\n(2) However, the Chief Minister may direct, in writing—\n(a) that the emergency controller is not to have a function (or part\nof a function) mentioned in subsection (1); or\n(b) that the emergency controller has another stated function.\nNote A direction may be included in the instrument of appointment (see\nLegislation Act, s 49).\n(3) As far as practicable, the emergency controller must exercise the\nemergency controller’s functions in accordance with the emergency\nplan and any relevant emergency sub-plan.\n","sortOrder":144},{"sectionNumber":"150C","sectionType":"section","heading":"Emergency powers of emergency controller","content":"150C Emergency powers of emergency controller\n(1) This section applies if an emergency controller is appointed under\nsection 150A for an emergency.\n(2) For the management of the emergency, the emergency controller\nmay––\n(a) direct the movement of people, animals or vehicles within, into\nor around the area to which the emergency applies (the\nemergency area); and\n(b) give directions regulating or prohibiting the movement of\npeople, animals or vehicles within, into or around the emergency\narea; and\n(c) direct, in writing, the owner of property in or near the emergency\narea to place the property under the control, or at the disposal,\nof the emergency controller; and\n\n(d) direct a person to give information, answer questions, or\nproduce documents or anything else, reasonably needed; and\nExample—information\npersonal health information or a health record\nNote The Legislation Act, s 170 and s 171 deal with the application of\nthe privilege against self-incrimination and client legal privilege.\n(e) take possession of any premises, animal, substance or thing in\nor near the emergency area; and\n(f) excavate land, form tunnels or construct earthworks, barriers or\ntemporary structures in or near the emergency area; and\n(g) control, use, close off or block a drainage facility in or near the\nemergency area; and\n(h) in relation to essential services––\n(i) maintain, restore or prevent disruption of the services; and\n(ii) control and coordinate the distribution of services; and\nExamples––essential services\n• water\n• electricity\n• gas\n• fuel\n• food\n• health\n• waste disposal\n• sanitation\n• freight\n• public transport\n• correctional facilities\n\n(i) do anything else that the chief officer of an emergency service\nmay do under section 34 (General powers of chief officers).\nNote A chief officer has a number of general powers including to enter land,\nshut off a power or water supply, demolish or destroy a structure or\nremove or destroy an animal.\n(3) Subsection (2) operates despite any other territory law.\n(4) However, the Chief Minister may direct, in writing—\n(a) that the emergency controller is not to have a power (or part of\na power) mentioned in subsection (2); or\n(b) that the emergency controller has another stated power.\nNote A direction may be included in the instrument of appointment (see\nLegislation Act, s 49).\n(5) The emergency controller may delegate a function mentioned in\nsubsection (2) to the head of an entity.\n(6) A person who is delegated a function under subsection (5) may\ndelegate the function to another member, officer, employee or\ncontractor of the entity.\nowner, of property, includes an occupier or someone apparently in\ncharge of the property.\n150CA Appointment of deputy emergency controller\n(1) This section applies if the Chief Minister—\n(a) is satisfied that––\n(i) an emergency has happened, is happening or is likely to\nhappen; but\n(ii) it is not necessary to declare a state of emergency; or\n\n(b) declares that a state of emergency exists in relation to an\n(2) The Chief Minister may appoint a person to be the deputy emergency\ncontroller for the emergency or declared state of emergency.\nNote 3 If the Chief Minister is absent from duty or otherwise unable to exercise\nMinister (see Australian Capital Territory (Self-Government)\nAct 1988 (Cwlth), s 44).\n(4) The appointment of the deputy emergency controller for an\nemergency under subsection (1) (a) must be for a term of not longer\nthan 28 days.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n(5) If a person is appointed as the deputy emergency controller for an\nemergency under subsection (1) (a) and the Chief Minister declares a\nstate of emergency in relation to the emergency, the person is taken\nto be appointed under subsection (2) as the deputy emergency\ncontroller for the declared state of emergency.\n(6) However, the Chief Minister may appoint someone else under\nsubsection (2) to be the deputy emergency controller for the declared\nstate of emergency.\n\n(7) The Chief Minister may appoint a person to be the deputy emergency\ncontroller only if the person has the management, professional and\ntechnical expertise to exercise the deputy emergency controller’s\nfunctions mentioned in section 150CB.\n(8) The Chief Minister must consult the following people before\nappointing a person to be the deputy emergency controller for the\nemergency or declared state of emergency:\n(a) if an emergency controller for the emergency has been\nappointed under section 150A—the emergency controller;\n(b) if an emergency controller for the emergency has not been\nappointed under section 150A or will be appointed at the same\ntime as the deputy emergency controller—the Minister,\nSEMSOG or both.\n(9) The appointment of a person as the deputy emergency controller—\n(a) for an emergency under subsection (1) (a)—ends on the earliest\nof the following occurring:\n(i) the appointment is revoked;\n(ii) the person is taken to be the deputy emergency controller\nfor a declared state of emergency under subsection (5);\n(iii) another person is appointed to be the deputy emergency\ncontroller for a declared state of emergency as mentioned\nin subsection (6);\n(iv) the term of the appointment ends;\n(v) the appointment of the emergency controller is revoked; or\n(b) for a declared state of emergency under subsection (1) (b)—ends\nif the appointment of the emergency controller is revoked.\n\n(10) The Chief Minister may be satisfied that an emergency is likely to\n150CB Functions of deputy emergency controller\nThe functions of the deputy emergency controller for an emergency\nare—\n(a) to support the emergency controller for the emergency to\nperform the emergency controller’s functions mentioned in\nsection 150B during the emergency, as directed by the\nemergency controller; and\n(b) if the emergency controller for the emergency is unavailable or\nis, for any other reason, unable to perform the functions of the\nemergency controller during the emergency—to act as the\nemergency controller.\nNote A person acting in a position under a standing acting arrangement has all\nthe functions (including authorities, duties and powers) of the occupant\nof the position (in this case, the emergency controller)—see the\nLegislation Act, s 225B.\n","sortOrder":145},{"sectionNumber":"151","sectionType":"section","heading":"Declaration of state of alert","content":"151 Declaration of state of alert\n(a) the Minister is satisfied that—\n(i) an emergency is likely to happen; and\n(ii) the nature of the emergency calls for an urgent, significant\nand coordinated response to minimise or manage a\nsubstantial risk to—\n(A) the safety of people, animals or property; or\n\nDeclared emergencies Division 7.3.1B\n(B) the preservation of the environment; or\n(C) the provision of essential services; and\n(b) the Chief Minister has not declared that a state of emergency\nexists in relation to the emergency.\n(2) The Minister may, in writing, declare that a state of alert exists.\n(3) A declaration may be made for all or part of the ACT.\n(4) The Minister may be satisfied that an emergency is likely to happen\nif the Minister is satisfied that an event that has happened or is\nhappening, or a circumstance that exists, gives rise to the likelihood\nof an emergency.\ndeclaration of a state of alert for an impending major outbreak of disease or\nimpending flooding\n","sortOrder":146},{"sectionNumber":"152","sectionType":"section","heading":"Declaration of state of alert commences immediately","content":"152 Declaration of state of alert commences immediately\nA declaration of a state of alert commences immediately after the\nMinister makes the declaration.\n","sortOrder":147},{"sectionNumber":"153","sectionType":"section","heading":"Publication of state of alert declaration","content":"153 Publication of state of alert declaration\n(1) As soon as possible after declaring that a state of alert exists, the\nMinister must ensure that notice of the declaration is—\n(2) A failure to comply with subsection (1) does not affect the validity of\nthe declaration.\n\n","sortOrder":148},{"sectionNumber":"154","sectionType":"section","heading":"Minister to give reports to community during state of alert","content":"154 Minister to give reports to community during state of alert\nDuring a state of alert, the Minister must give the community regular\nsituation reports, and other reports, in accordance with the community\ncommunication and information plan.\n1 community vulnerability to the effects of the emergency that is likely to\nhappen\n2 preparation for the emergency that is likely to happen\n","sortOrder":149},{"sectionNumber":"155","sectionType":"section","heading":"State of emergency ends state of alert","content":"155 State of emergency ends state of alert\n(a) a declaration that a state of alert is in force for the ACT or a part\nof the ACT; and\n(b) the Chief Minister declares that a state of emergency exists for\nthe ACT or the part of the ACT.\n(2) The state of alert ends when the state of emergency is declared.\n","sortOrder":150},{"sectionNumber":"156","sectionType":"section","heading":"Declaration of state of emergency","content":"156 Declaration of state of emergency\n(1) This section applies if the Chief Minister is satisfied that—\n(a) an emergency has happened, is happening or is likely to happen;\nand\n(b) the nature of the emergency calls for an urgent, significant and\ncoordinated response to minimise or manage a substantial risk\nto—\n(i) the safety of people, animals or property; or\n(ii) the preservation of the environment; or\n(iii) the provision of essential services.\n\nDeclared emergencies Division 7.3.1B\n(2) The Chief Minister may, in writing, declare that a state of emergency\nexists.\nNote If the Chief Minister is absent from duty or otherwise unable to exercise\nMinister (see Australian Capital Territory (Self-Government) Act 1988\n(Cwlth), s 44).\n(3) A declaration may be made for all or part of the ACT.\n(4) The Chief Minister may be satisfied that an emergency is likely to\n","sortOrder":151},{"sectionNumber":"157","sectionType":"section","heading":"Declaration of state of emergency commences","content":"157 Declaration of state of emergency commences\nimmediately\nA declaration of a state of emergency commences immediately after\nthe Chief Minister makes the declaration.\n","sortOrder":152},{"sectionNumber":"158","sectionType":"section","heading":"Publication of declaration of state of emergency","content":"158 Publication of declaration of state of emergency\n(1) As soon as possible after declaring that a state of emergency exists,\nthe Chief Minister must ensure that notice of the declaration is—\n(2) A failure to comply with subsection (1) does not affect the validity,\nof the declaration.\n\nDivision 7.3.1C General provisions applying if\nemergency controller appointed\n","sortOrder":153},{"sectionNumber":"161","sectionType":"section","heading":"Management executive for emergency","content":"161 Management executive for emergency\n(1) As soon as possible after an emergency controller is appointed, the\nemergency controller must establish a management executive for the\n(2) The management executive consists of people nominated by the\nemergency controller and may include members of the SEMSOG.\n(3) The management executive must provide support to the emergency\ncontroller in the exercise of the emergency controller’s functions.\n(4) The emergency controller is not required to consult with the\nmanagement executive before exercising a function.\n(5) The management executive may decide its own procedure in relation\nto anything for which a procedure is not provided under this Act.\n(6) The management executive may hold its meetings by means of a\nmethod of communication, or a combination of methods of\ncommunication, that allows the members taking part to hear what\neach other member says without being in each other’s presence.\na phone link, a satellite link, an internet or intranet link\n","sortOrder":154},{"sectionNumber":"162","sectionType":"section","heading":"Management of emergency","content":"162 Management of emergency\n(1) For the management of an emergency for which an emergency\ncontroller is appointed, the emergency controller may direct the\ncommissioner or the head of an entity to undertake response or\nrecovery operations.\n(2) The emergency controller may not direct the person to undertake an\noperation in a particular way.\n\nGeneral provisions applying if emergency controller appointed Division 7.3.1C\n","sortOrder":155},{"sectionNumber":"164","sectionType":"section","heading":"Failure to comply with direction given under emergency","content":"164 Failure to comply with direction given under emergency\npowers\ndirection given to the person under section 150C (2) (a), (b), (c) or\n(d).\n","sortOrder":156},{"sectionNumber":"165","sectionType":"section","heading":"Chief Minister’s directions to emergency controller","content":"165 Chief Minister’s directions to emergency controller\n(1) The Chief Minister may give an emergency controller written\ndirections about the exercise of the controller’s functions.\n(2) The emergency controller must give effect to a direction.\n","sortOrder":157},{"sectionNumber":"166","sectionType":"section","heading":"Emergency controller to give information about","content":"166 Emergency controller to give information about\ncontroller’s operations\nAn emergency controller must give the Chief Minister or the Minister\nthe information about the controller’s operations that the Chief\nMinister or Minister asks for.\n","sortOrder":158},{"sectionNumber":"166A","sectionType":"section","heading":"Emergency controller to advise Chief Minister and","content":"166A Emergency controller to advise Chief Minister and\nMinister\n(1) The emergency controller for an emergency must advise the Chief\nMinister and the Minister at least every 7 days about—\n(a) the status of the emergency; and\n(b) if a state of alert is declared for the emergency—whether the\nemergency controller considers the declaration of the state of\nalert is still justified; and\n(c) if a state of emergency is declared for the emergency—whether\nthe emergency controller considers the declaration of the state\nof emergency is still justified; and\n\n(d) whether the emergency controller considers the appointment of\nthe emergency controller is still justified having regard to the\nstatus of the emergency.\n(2) A failure by the emergency controller to comply with\nsubsection (1) (b), (c) or (d), does not affect the validity of the\ncorresponding declaration under subsection (1) (b) or (c), or\nappointment under subsection (1) (d).\n","sortOrder":159},{"sectionNumber":"166B","sectionType":"section","heading":"Revocation of state of alert and state of emergency","content":"166B Revocation of state of alert and state of emergency\ndeclarations and appointment of emergency controller\n(1) The Minister must revoke a declaration of a state of alert, if the\nMinister decides, after taking into account any advice of the\nemergency controller under section 166A (1) (b), that the state of alert\nis no longer justified.\n(2) The Chief Minister must revoke a declaration of a state of emergency,\nif the Chief Minister decides, after taking into account any advice of\nthe emergency controller under section 166A (1) (c), that the state of\nemergency is no longer justified.\n(3) The Chief Minister must revoke the appointment of the emergency\ncontroller if the Chief Minister decides, after taking into account any\nadvice of the emergency controller under section 166A (1) (d), that\nthe appointment is no longer justified.\n","sortOrder":160},{"sectionNumber":"167","sectionType":"section","heading":"Deployment of resources outside ACT in emergency","content":"167 Deployment of resources outside ACT in emergency\nDuring an emergency for which an emergency controller is\nappointed, a person must not deploy Territory resources outside the\nACT, in relation to an emergency outside the ACT, without the\napproval of the emergency controller.\n\nGeneral provisions applying if emergency controller appointed Division 7.3.1C\n","sortOrder":161},{"sectionNumber":"168","sectionType":"section","heading":"Power to remove person obstructing response","content":"168 Power to remove person obstructing response\noperations etc\n(1) If an emergency controller believes, on reasonable grounds, that a\nperson is obstructing, or threatening to obstruct, response or recovery\noperations in an emergency, the controller may remove the person to\nanother place.\n(2) The controller may use any necessary and reasonable force.\n(3) This section does not authorise the detention of a person except for\nthe purpose of the removal.\n","sortOrder":162},{"sectionNumber":"169","sectionType":"section","heading":"Compensation—emergencies","content":"169 Compensation—emergencies\n(1) A person who suffers loss because of an act or omission of an\nemergency controller under section 150C (Emergency powers of\nemergency controller) is entitled to be paid reasonable compensation\nby the Territory for the loss.\n(2) Compensation is not payable to a person for a loss to the extent—\n(a) of any amount recovered or recoverable by the person under a\npolicy of insurance; or\n(b) that the conduct of the person contributed to the loss.\n(3) Compensation is not payable to a person for a loss if the loss would\nhave arisen despite the act or omission of the emergency controller.\n(4) The person may apply, in writing, to the Minister for compensation.\n(5) The application must state particulars of the loss, the amount claimed\nand the basis for the amount claimed.\n\n","sortOrder":163},{"sectionNumber":"170","sectionType":"section","heading":"Minister’s decision on claim for compensation","content":"170 Minister’s decision on claim for compensation\n(1) If the Minister is satisfied that an applicant is entitled to compensation\nunder section 169, the Minister must accept the claim by giving\nwritten notice of acceptance to the claimant setting out—\n(a) an offer to the claimant of the amount of compensation to which\nthe Minister considers the claimant is entitled; and\n(b) an explanation of how the amount was worked out.\n(2) If the Minister does not decide the application within 28 days after\nthe day the Minister receives the application, the Minister is taken to\nhave refused to pay compensation.\n","sortOrder":164},{"sectionNumber":"171","sectionType":"section","heading":"Acceptance or rejection of offer of compensation","content":"171 Acceptance or rejection of offer of compensation\n(1) A person to whom an offer has been made under section 170 may, in\nwriting—\n(a) accept the offer; or\n(b) reject the offer.\n(2) If the person accepts the offer, the Territory must pay the amount to\nthe person.\n","sortOrder":165},{"sectionNumber":"172","sectionType":"section","heading":"Recovery of compensation in court","content":"172 Recovery of compensation in court\nIf the Territory and the person to whom compensation is payable\nunder section 169 (Compensation—emergencies) do not agree on the\namount of compensation, the person may, by proceeding in a court of\ncompetent jurisdiction, recover from the Territory the reasonable\ncompensation that the court decides.\n\nOther emergencies Division 7.3.2\nDivision 7.3.2 Other emergencies\n","sortOrder":166},{"sectionNumber":"173","sectionType":"section","heading":"Application—div 7.3.2","content":"173 Application—div 7.3.2\nThis division applies to an emergency other than an emergency for\nwhich an emergency controller is appointed.\n","sortOrder":167},{"sectionNumber":"174","sectionType":"section","heading":"Commissioner must assist recovery for other","content":"174 Commissioner must assist recovery for other\nemergencies\n(1) The commissioner must assist in recovery from the effects of an\nemergency by supporting the activities of any entity working in the\narea of recovery and welfare in the role of assisting the community to\nrecover.\n(2) Without limiting subsection (1), the commissioner must give support\nby—\n(a) identifying people in the community to act as contacts in relation\nto the activities; and\n(b) together with relevant entities—\n(i) establishing priorities for the short-term recovery of\ninfrastructure; and\n(ii) assisting in the re-establishment of infrastructure.\n","sortOrder":168},{"sectionNumber":"174A","sectionType":"section","heading":"Meaning of territory agency—div 7.3.3","content":"174A Meaning of territory agency—div 7.3.3\nIn this division:\nterritory agency means—\n\n(c) a statutory office-holder; or\n(d) an entity prescribed by regulation for this definition.\n","sortOrder":169},{"sectionNumber":"174B","sectionType":"section","heading":"Appointment of recovery coordinator","content":"174B Appointment of recovery coordinator\n(1) This section applies if the Minister is satisfied that—\n(a) an emergency has happened, is happening or is likely to happen;\nand\n(b) the scale or nature of the emergency requires, or is likely to\nrequire, a recovery operation involving different territory\nagencies.\n(2) The Minister may appoint a person to coordinate the recovery\noperation for the emergency (the recovery coordinator).\n(4) The Minister may be satisfied that an emergency is likely to happen\nif the Minister is satisfied that an event that has happened or is\nhappening, or a circumstance that exists, gives rise to the likelihood\nof an emergency.\n","sortOrder":170},{"sectionNumber":"174C","sectionType":"section","heading":"Functions of recovery coordinator","content":"174C Functions of recovery coordinator\n(1) The recovery coordinator has the following functions in relation to a\nrecovery operation:\n(a) to coordinate recovery activities being carried out by territory\nagencies, private entities and members of the community;\n(b) to coordinate the provision of essential services to communities\naffected, or likely to be affected, by an emergency;\n\nRecovery coordinator Division 7.3.3\n(c) to report to the Minister and the SEMSOG about any matter\nrelating to a recovery operation;\n(d) any other function given to the recovery coordinator by this Act\nor another territory law.\n(2) As far as practicable, the recovery coordinator’s functions must be\nexercised in accordance with any part of the emergency plan, or an\nemergency sub-plan, that deals with recovery operations.\n\nPart 7.4 Commonwealth, interstate and overseas cooperation\nPart 7.4 Commonwealth, interstate and\noverseas cooperation\n175 Definitions for pt 7.4\nspecialist means a person who has a skill appropriate for dealing with\nan aspect of an emergency (whether or not the skill is in a recognised\nfield of expertise).\nsupport unit means a unit (however described) of 1 or more people\nand associated equipment forming part of an entity that has a function\nrelating to emergencies.\nmembers of the ambulance service and an ambulance\n","sortOrder":171},{"sectionNumber":"176","sectionType":"section","heading":"Cooperative arrangements with Commonwealth, State or","content":"176 Cooperative arrangements with Commonwealth, State or\noverseas agencies\n(1) The Minister or the commissioner may enter into a written\narrangement with a Commonwealth or State agency, or an agency of\na foreign country, (a cooperative arrangement) to facilitate\ncooperation—\n(a) in emergency management; or\n(b) in the day-to-day operations of a territory agency if the\noperations involve the provision of emergency services outside\nthe ACT or the provision of emergency services in the ACT by\na Commonwealth or State agency.\nterritory agency means—\n\nCommonwealth, interstate and overseas cooperation Part 7.4\n(c) a statutory office-holder; or\n(d) an entity prescribed by regulation for this definition.\n","sortOrder":172},{"sectionNumber":"177","sectionType":"section","heading":"Cooperative arrangements about resources","content":"177 Cooperative arrangements about resources\n(1) A cooperative arrangement may provide for the commissioner or an\nemergency controller to decide the nature and amount of resources\nneeded from outside the ACT to deal with an emergency within the\nACT and to ask the other party to the arrangement to provide the\nresources to the Territory.\n(2) An arrangement may provide for the commissioner or an emergency\ncontroller to decide and coordinate the deployment of Territory\nresources for an emergency outside the ACT.\n(3) This section is additional to, and does not limit, section 176.\n","sortOrder":173},{"sectionNumber":"178","sectionType":"section","heading":"Directions to people operating under cooperative","content":"178 Directions to people operating under cooperative\narrangement\nA member of a support unit, or a specialist, operating in the ACT\nunder a cooperative arrangement must comply with a direction given\nby the commissioner or an emergency controller.\n","sortOrder":174},{"sectionNumber":"179","sectionType":"section","heading":"Directions by authorised person to people operating","content":"179 Directions by authorised person to people operating\nunder cooperative arrangement\n(1) The commissioner or an emergency controller may, in writing,\nauthorise a person (an authorised person) to give directions to a\nmember of a support unit or a specialist.\n(2) The authorisation ends 7 days after the day it is given unless renewed\nby the person who gave the authorisation.\n(3) A member of a support unit, or a specialist, operating in the ACT\nunder a cooperative arrangement must comply with a direction given\nby an authorised person.\n\nPart 7.4 Commonwealth, interstate and overseas cooperation\n","sortOrder":175},{"sectionNumber":"180","sectionType":"section","heading":"Recognition of interstate qualifications","content":"180 Recognition of interstate qualifications\n(a) a specialist ordinarily resident in a State, another Territory or a\nforeign country undertakes activities in the ACT under a\ncooperative arrangement; and\n(b) the activities are activities that under a territory law may only be\nundertaken by a person who holds a qualification (the required\nqualification); and\n(c) the person holds a qualification recognised by the law of that\nState, Territory or foreign country as a requirement for\nundertaking the activities in that State, Territory or country.\n(2) The person is taken to hold the required qualification for the purpose\nof undertaking the activities in the ACT under the arrangement.\nqualification includes—\n(a) a degree, diploma, certificate or other award; and\n(b) registration with or membership of an entity.\n\nEmergency relief funds Part 7.5\n","sortOrder":176},{"sectionNumber":"181","sectionType":"section","heading":"Emergency relief funds","content":"181 Emergency relief funds\n(1) This section applies to money received by the Territory for the relief\nof people who suffer loss because of an emergency (whether or not\nfrom a public appeal).\n(2) A charitable trust is established for the money.\n(3) The trustee of the trust is the public trustee and guardian.\n(4) An amount of money received, or apparently received, for the relief\nof people who suffer loss because of a particular emergency may be\napplied—\n(a) for the relief of people who suffer loss because of another\nemergency; or\n(b) for another purpose prescribed by regulation.\nemergency includes an emergency outside the ACT.\n","sortOrder":177},{"sectionNumber":"182","sectionType":"section","heading":"Gifts and donations","content":"182 Gifts and donations\n(1) This section applies to a gift of money or other property made, or\npurporting to be made—\n(a) to, or for the purposes of, an emergency service; or\n(b) for the purposes of providing or maintaining—\n(i) services of an emergency service; or\n(ii) equipment or training for an emergency service; or\n(c) to the Territory in relation to anything mentioned in\nparagraph (a) or (b).\n\n(2) If the gift is expressed to be subject to a condition, the\ndirector-general may agree to comply with the condition, as far as\npracticable, in the administration of the gift.\n(3) However, if the director-general is satisfied that the condition is\ninappropriate, impracticable or impossible to carry out, the\ndirector-general may amend the terms of the condition to the extent\nnecessary to make it appropriate and practicable to carry out.\n(4) An amendment is a notifiable instrument.\ngift includes a devise or bequest.\n\nVolunteers Chapter 8\n","sortOrder":178},{"sectionNumber":"182A","sectionType":"section","heading":"Definitions—ch 8","content":"182A Definitions—ch 8\nIn this chapter:\nemergency operation means an operation carried out by an\nemergency service in response to an emergency.\nemergency operation notice—see section 182B.\n","sortOrder":179},{"sectionNumber":"182B","sectionType":"section","heading":"Emergency operation notice","content":"182B Emergency operation notice\n(a) the Minister is satisfied that an emergency has happened, is\nhappening or is likely to happen in the ACT; and\n(b) neither a state of alert nor a state of emergency have been\ndeclared for the emergency; and\n(c) the Minister is satisfied that the emergency requires an\nemergency operation.\n(2) The Minister must, as soon as practicable, prepare a written notice\n(an emergency operation notice) setting out the following:\n(a) that an emergency operation has started;\n(b) when and where the emergency operation started;\n(c) the nature of the emergency;\n(d) if the Minister knows when the emergency operation will end—\nthe day on which the operation ends;\n(e) any other information prescribed by regulation.\n\n(3) As soon as practicable after issuing the notice, the Minister must\nensure the notice is—\n(4) The notice ends—\n(a) at the end of the day on which the emergency operation is stated\nto end in the notice; or\n(b) if no end day is stated in the notice—the end of the day on which\nthe notice is revoked.\n(5) A failure to comply with subsection (3) does not affect the validity of\nthe notice.\n(6) For subsection (1), the Minister may be satisfied that an emergency\nis likely to happen if the Minister is satisfied that an event that has\n","sortOrder":180},{"sectionNumber":"183","sectionType":"section","heading":"Victimisation of volunteers","content":"183 Victimisation of volunteers\n(1) This section applies if a volunteer is absent from the volunteer’s\nemployment to take part in an emergency operation during—\n(a) an emergency for which an emergency operation notice has been\nissued; or\n(b) a declared state of alert; or\n(c) a declared state of emergency.\n\nVolunteers Chapter 8\n(2) A person commits an offence if—\n(a) the person is an employer of the volunteer; and\n(b) the person victimises the employee for being absent from\nemployment to take part.\n(3) For subsection (2), an employer is taken to victimise an employee if\nthe employer—\n(a) dismisses the employee from employment or terminates the\nengagement of the employee; or\n(b) changes the employee’s position in their employment, or\nchanges the circumstances of the employee’s engagement, to the\nemployee’s prejudice; or\n(c) otherwise injures the employee in their employment.\nvolunteer means—\n(a) a volunteer member; or\n(b) a casual volunteer; or\n(c) an emergency services support volunteer.\n","sortOrder":181},{"sectionNumber":"184","sectionType":"section","heading":"Release of volunteer member from operations","content":"184 Release of volunteer member from operations\n(1) This section applies if the commissioner is satisfied that—\n(a) a volunteer member is ordinarily employed by someone else (the\nemployer); and\n\n(b) the taking part of the volunteer member in the emergency\noperations of an emergency service would cause significant\nhardship to the business of the employer.\n(2) The commissioner must release the volunteer member from taking\npart in the operations.\n\nNotification and review of decisions Chapter 9\n","sortOrder":182},{"sectionNumber":"Part 9","sectionType":"part","heading":"Notification and review of","content":"Chapter 9 Notification and review of\ndecisions\n","sortOrder":183},{"sectionNumber":"185","sectionType":"section","heading":"Meaning of reviewable decision—ch 9","content":"185 Meaning of reviewable decision—ch 9\nIn this chapter:\nreviewable decision means a decision mentioned in schedule 2,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":184},{"sectionNumber":"186","sectionType":"section","heading":"Reviewable decision notices","content":"186 Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 2,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":185},{"sectionNumber":"187","sectionType":"section","heading":"Applications for review","content":"187 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 2, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":186},{"sectionNumber":"188","sectionType":"section","heading":"Lighting a fire dangerous to premises","content":"188 Lighting a fire dangerous to premises\nA person commits an offence if—\n(a) the person intentionally lights a fire that may be dangerous to\npremises; and\n(b) the person does not have the written consent of the chief officer\n(fire and rescue service) to do so.\n","sortOrder":187},{"sectionNumber":"189","sectionType":"section","heading":"Direction to leave fire area","content":"189 Direction to leave fire area\n(a) the person is at or near premises that are on fire; and\n(b) a member of the fire and rescue service, a member of the rural\nfire service or a police officer directs the person to leave the\npremises or move away from the area of the fire; and\n(c) the person fails to leave the premises, or move away from the\narea, in accordance with the direction.\n\nOther offences relating to fires Part 10.1\n","sortOrder":188},{"sectionNumber":"190","sectionType":"section","heading":"Interfering with fire appliance, hydrant, alarm etc","content":"190 Interfering with fire appliance, hydrant, alarm etc\n(1) A person commits an offence if the person does something to, or near,\na fire appliance or a fire appliance container that—\n(a) prevents or hinders the effective use of the appliance or\ncontainer; or\n(b) damages the appliance or container.\n(2) A person commits an offence if the person—\n(a) covers, encloses or conceals a fire hydrant; or\n(b) obliterates or removes a mark, sign or letter indicating the\nposition of, or distinguishing, a fire hydrant.\n(3) A person commits an offence if the person does anything to a fire\nalarm that prevents or hinders the effective use of the fire alarm.\n(4) This section does not apply if the person has the permission of a\nmember of the fire and rescue service, a member of the rural fire\nservice or a police officer to do the thing.\n(5) Subsection (3) also does not apply if the person does the thing—\n(a) to give an alarm of fire; or\n(b) to test or do maintenance work on the fire alarm.\n(6) An offence against subsection (1), (2) or (3) is a strict liability\noffence.\nfire appliance container means a container used for housing or\nstoring fire appliances.\n\n","sortOrder":189},{"sectionNumber":"191","sectionType":"section","heading":"False alarm of fire, emergency or other incident","content":"191 False alarm of fire, emergency or other incident\nA person commits an offence if the person—\n(a) intentionally gives a false alarm of fire, or an emergency or other\nincident; and\n(b) is reckless about whether it would—\n(i) cause a person to fear that there is a fire, emergency or\nother incident; or\n(ii) cause an emergency service to respond to the alarm.\n\n","sortOrder":190},{"sectionNumber":"192","sectionType":"section","heading":"Obligations of owners and occupiers","content":"192 Obligations of owners and occupiers\n(1) For this Act, if an obligation is expressed to apply to the owner of\nland or premises for which there are 2 or more owners—\n(a) it is sufficient for any owner of the land or premises to carry out\nthe obligation; and\n(b) if no owner of the land or premises carries out the obligation—\neach owner is liable for the failure to carry out the obligation.\n(2) For this Act, if an obligation is expressed to apply to the occupier of\nland or premises for which there are 2 or more occupiers—\n(a) it is sufficient for any occupier of the land or premises to carry\nout the obligation; and\n(b) if no occupier of the land or premises carries out the\nobligation—each occupier is liable for the failure to carry out\nthe obligation.\n","sortOrder":191},{"sectionNumber":"193","sectionType":"section","heading":"Policies of insurance against fire","content":"193 Policies of insurance against fire\n(1) If a person causes damage to property, either directly or indirectly, in\nexercising a function under this Act at or after a fire, the damage must,\nfor the purposes of any policy of insurance against fire covering the\nproperty damaged, be taken to be damage by fire.\n(2) This section has effect despite any provision to the contrary in the\npolicy.\n","sortOrder":192},{"sectionNumber":"194","sectionType":"section","heading":"Ambulance levy","content":"194 Ambulance levy\nAn ambulance levy is imposed in accordance with schedule 1.\n\n","sortOrder":193},{"sectionNumber":"195","sectionType":"section","heading":"Ambulance fund","content":"195 Ambulance fund\n(1) The chief officer (ambulance service) may establish an ambulance\nfund, or approve a person to operate an ambulance fund, for the\npurpose of enabling contributors to the fund to receive services\nprovided by the ambulance service at no cost or at a reduced rate.\n(2) An instrument under subsection (1) is a notifiable instrument.\n","sortOrder":194},{"sectionNumber":"195A","sectionType":"section","heading":"Establishment of ambulance service quality assurance","content":"195A Establishment of ambulance service quality assurance\ncommittee\n(1) The ambulance quality assurance committee is established.\n(2) Schedule 1A has effect in relation to the committee.\n","sortOrder":195},{"sectionNumber":"196","sectionType":"section","heading":"Authorised person’s power to require name and address","content":"196 Authorised person’s power to require name and address\n(1) An authorised person may require a person to state the person’s name\nand home address if the authorised person suspects, on reasonable\ngrounds, that the person is committing, is about to commit, or has just\ncommitted, an offence against this Act.\nNote A reference to an Act includes a reference to statutory instruments made\nor in force under the Act, including a regulation and any law or instrument\napplied, adopted or incorporated by the Act (see Legislation Act, s 104).\n(2) If an authorised person makes a requirement of a person under\nsubsection (1), the authorised person must—\n(a) tell the person the reasons for the requirement; and\n(b) as soon as practicable, record those reasons.\n(3) A person commits an offence if the person contravenes a requirement\nunder subsection (1).\nMaximum penalty: 10 penalty units.\n\n(4) However, a person is not required to comply with a requirement under\nsubsection (1) if, when asked by the person, the authorised person\ndoes not produce, for inspection by the person—\n(a) the authorised person’s identity card; or\n(b) if the authorised person is an emergency controller or a person\nauthorised by the controller—evidence of the authorised\nperson’s appointment or authorisation.\n(5) Subsection (4) does not apply in relation to an authorised person who\nis a member of an emergency service, or a police officer, in uniform.\n(6) An offence against this section is a strict liability offence.\nauthorised person means the commissioner, an emergency\ncontroller, a member of an emergency service, an inspector, an\ninvestigator, a police officer or someone else authorised in writing by\nan emergency controller for this section.\n","sortOrder":196},{"sectionNumber":"197","sectionType":"section","heading":"Identity cards","content":"197 Identity cards\n(1) The commissioner must give an identity card to—\n(a) each member of an emergency service; and\n(b) each inspector or investigator who is not a member of an\nemergency service.\n(2) The identity card must state the person’s name and appointment as a\nmember, inspector, investigator or staff member, and show—\n(a) a recent photograph of the person; and\n(b) the date of issue of the card; and\n(c) the date of expiry of the card; and\n(d) anything else prescribed by regulation.\n\n(3) A person commits an offence if—\n(a) the person ceases to be a member, inspector, investigator or staff\nmember; and\n(b) the person does not return the person’s identity card to the\ncommissioner as soon as practicable (but within 7 days) after the\nday the person ceases to be a member, inspector or investigator.\nMaximum penalty: 1 penalty unit.\n(4) An offence against this section is a strict liability offence.\n","sortOrder":197},{"sectionNumber":"198","sectionType":"section","heading":"Protection of officials from liability","content":"198 Protection of officials from liability\n(1) In this section:\nofficial means—\n(a) the commissioner; or\n(b) an assistant commissioner; or\n(c) an inspector or investigator; or\n(d) a member of an emergency service; or\n(e) anyone else exercising a function under this Act.\n(2) An official is not personally liable for anything done or omitted to be\ndone honestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(3) Any liability that would, apart from this section, attach to an official\nattaches instead to the Territory.\n\n(4) For subsection (1) (e), and without limiting it, a person is taken to be\nexercising a function under this Act if the person is—\n(a) a member of an interstate or overseas emergency service to\nwhich section 64 (Interstate and overseas emergency services)\napplies; or\n(b) engaged in an activity under a cooperative arrangement; or\n(c) an emergency services support volunteer; or\n(d) a casual volunteer taking part in an activity under section 59D\n(Casual volunteers); or\n(e) giving reasonable assistance as required by a chief officer under\nsection 34 (1) (o) (General powers of chief officers); or\n(f) a person who—\n(i) is, or has been, a member of the ambulance service quality\nassurance committee; or\n(ii) acted under the direction of a person who is, or was at the\ntime, a member of the ambulance service quality assurance\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n","sortOrder":198},{"sectionNumber":"199","sectionType":"section","heading":"Compensation for exercise of functions etc","content":"199 Compensation for exercise of functions etc\n(1) A person may claim compensation from the Territory if the person\nsuffers loss because of the exercise, or purported exercise, of a\nfunction under this Act (other than under section 150C (Emergency\npowers of emergency controller)).\nNote For compensation for loss because of an act or omission under s 150C,\nsee s 169.\n\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n","sortOrder":199},{"sectionNumber":"200","sectionType":"section","heading":"Approved forms","content":"200 Approved forms\n(1) The commissioner may approve forms for this Act.\n(2) If the commissioner approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":200},{"sectionNumber":"201","sectionType":"section","heading":"Determination of fees","content":"201 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A fee determined for a service provided to a person by an emergency\nservice is payable by the person even if the person did not ask for, or\nconsent to, the provision of the service.\n(3) A determination is a disallowable instrument.\n\n","sortOrder":201},{"sectionNumber":"202","sectionType":"section","heading":"Regulation-making power","content":"202 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to—\n(a) measures for minimising danger of fire; and\n1 storing or keeping flammable material\n2 use of steam and internal combustion engines\n(b) attendance by members of an emergency service at public\nevents.\n(3) A regulation may also prescribe offences for contraventions of a\nregulation and prescribe maximum penalties of not more than 20\npenalty units for offences against a regulation.\n","sortOrder":202},{"sectionNumber":"203","sectionType":"section","heading":"Review of Act","content":"203 Review of Act\n(1) The Minister must review the operation of this Act as soon as\npracticable after the end of every 5th year after the day this section\ncommences.\n(2) The Minister must present a report on the review to the Legislative\nAssembly as soon as practicable after the review is completed.\n\nSection 1.1\n(see s 194)\nNote This schedule is a tax law under the Taxation Administration Act 1999.\nAs a tax law, this Act is subject to provisions of the Taxation\nAdministration Act 1999 about the administration and enforcement of tax\nlaws generally.\n1.1 Definitions for sch 1\nIn this schedule:\nambulance levy—see section 1.4.\nbasic health benefits means benefits payable by a health benefits\norganisation under the basic table of the organisation to contributors\nof the health benefits fund conducted by the organisation.\ncontributor, to a health benefits fund, means a person who\ncontributes to the fund, or for whom contributions are made to the\nfund, in accordance with the rules of the organisation that conducts\nthe fund.\nexempt contribution—see section 1.2.\nfamily rate, for contributions, means contributions that are not single\nrate contributions.\nhealth benefits fund means a fund conducted by a health benefits\norganisation from which the organisation makes payments to\ncontributors to the fund for—\n(a) accommodation in hospitals; and\n(b) surgical, therapeutic or other medical or health treatments,\nservices or procedures in hospitals.\nhealth benefits organisation means an organisation that provides\nhealth benefits to contributors to a health benefits fund conducted by\nthe organisation.\n\nSection 1.2\nreference month—see section 1.3.\nsingle rate, for contributions, means contributions by a person who\ncontributes only in relation to the person.\n1.2 Meaning of exempt contribution\n(1) This section applies to contributions paid into a health benefits fund\nfor the purpose of securing entitlement to basic health benefits.\n(2) A contribution is an exempt contribution if—\n(a) the contributor is in a class of people prescribed by regulation;\nor\n(b) it is—\n(i) if paid at the single rate—paid while the contributor is\nabsent from Australia for at least the period prescribed by\nregulation; or\n(ii) if paid at the family rate—paid while all the contributors\nare absent from Australia for at least the period prescribed\nby regulation.\n1.3 Meaning of reference month\nFor a month mentioned in table 1.3, column 2, the reference month\nis the month mentioned in the table, column 3 for the month:\nTable 1.3 Reference months\nitem\nmonth\nreference month\n1 January October in previous year\n2 February November in previous year\n3 March December in previous year\n4 April January in same year\n\nSection 1.4\nitem\nmonth\nreference month\n5 May February in same year\n6 June March in same year\n7 July April in same year\n8 August May in same year\n9 September June in same year\n10 October July in same year\n11 November August in same year\n12 December September in same year\n1.4 Imposition of ambulance levy\n(1) A levy (the ambulance levy) is imposed on a health benefits\norganisation carrying on business in the ACT.\n(2) The ambulance levy is imposed for each month in accordance with\nthe following formula:\n(3) For this section, a person is taken to be contributing at the single rate\nif—\n(a) the person is contributing at the family rate; and\n(b) only 1 of the people on behalf of whom the contributions are\nmade is living in Australia.7\nD\nRA2F)(S +\n\nSection 1.4\n(4) For this section, a health benefits organisation is taken to carry on\nbusiness in the ACT if, in relation to a health benefits fund conducted\nby it—\n(a) it uses premises in the ACT or the services of a person in the\nACT for—\n(i) the enrolment of contributors; or\n(ii) the payment of benefits to contributors; or\n(b) any contributor lives in the ACT.\n(5) If a health benefits organisation cannot accurately work out\nsomething required to work out an amount of levy payable by the\norganisation, the organisation may work it out in the way it considers\nreasonable.\nD, in relation to a month, means the number of days in the reference\nmonth for that month.\nF, in relation to a month, means the number of contributors (other\nthan contributors whose contributions are exempt) who, at the\nbeginning of the reference month for that month, were contributing at\nthe family rate.\nRA means—\n(a) the amount determined under the Taxation Administration\nAct 1999, section 139 for this section; or\n(b) if no amount is determined—83 cents.\nS, in relation to a month, means the number of contributors (other\nthan contributors whose contributions are exempt) who, at the\nbeginning of the reference month for that month, were contributing at\nthe single rate.\n\nSection 1.5\n1.5 Organisation to pay levy\nLevy imposed on a health benefits organisation under this schedule is\npayable to the commissioner for revenue by the organisation.\n1.6 Returns\n(1) A health benefits organisation must give the commissioner for\nrevenue a return for each month on or before the 15th day of the\nmonth.\n(2) The return must state, in relation to the reference month for the\nmonth—\n(a) the number of contributors who contribute at the single rate\n(including contributors who are taken to be contributing at the\nsingle rate); and\n(b) the number of contributors who contribute at the family rate; and\n(c) the number of days in the reference month.\n1.7 Records\nA health benefits organisation must, for a return lodged by it for a\nmonth under section 1.6, keep a record of—\n(a) the name and address of each contributor to the health benefits\nfund conducted by the organisation for the month; and\n(b) the amount of the contribution; and\n(c) the name of each person entitled to receive health benefits from\nthe organisation because of the contribution; and\n(d) anything else relating to the payment of the levy to which the\nreturn relates that the commissioner for revenue directs in\nwriting.\n\nSection 1.8\n1.8 Levy payable if organisation stops operations\n(1) If a health benefits organisation stops carrying on business in the\nACT, it is liable to pay the levy worked out in accordance with this\nsection.\n(2) The organisation must, on or before the 15th day of the month for\nwhich the levy is payable, give the commissioner for revenue a return\nfor the month.\n(3) The levy payable by the organisation is payable—\n(a) if the organisation stopped carrying on business before the 15th\nday of a month—for that month; and\n(b) if the organisation stopped carrying on business on or after the\n15th day of a month—for the month immediately after that\nmonth.\n(4) Section 1.6 (2) applies to the return.\n(5) In the application of—\n(a) section 1.6 (2) to the return in relation to a month (the payment\nmonth); and\n(b) the Motor Accident Injuries Act 2019, chapter 6 (Motor accident\ninjuries insurance);\ncontributions paid into the health benefits fund that have not\npreviously been required to be taken into account as contributions in\nrelation to a reference month for working out the ambulance levy\npayable by the organisation are taken to have been paid into the fund\nin the reference month for the payment month.\n\nSection 1A.1\nSchedule 1A Ambulance service quality\nassurance committee\n1A.1 Definitions—sch 1A\nIn this schedule:\ncommittee means the ambulance service quality assurance\ninformation holder means a person who—\n(a) is or has been a member of the committee; or\n(b) exercises or has exercised a function under this schedule; or\n(c) is or has been engaged in the administration of this schedule; or\n(d) has been given information under this Act by a person\nmentioned in paragraphs (a), (b) or (c).\nprotected information—\n(a) means information about a person that is disclosed to, or\nobtained by, an information holder because of the exercise of a\nfunction under this Act by the information holder or someone\nelse; and\n(b) includes sensitive information.\nsensitive information means information that—\n(a) identifies a person who—\n(i) has received an ambulance service; or\n(ii) is exercising a function in relation to the ambulance\n(iii) has provided information to the committee in the course of\nthe committee carrying out the committee’s functions\nunder this chapter; or\n\nSection 1A.2\n(b) would allow the identity of a person mentioned in paragraph (a)\nto be worked out.\n1A.2 Function of ASQAC\nThe committee has the following functions:\n(a) to facilitate the improvement of clinical services provided by\nthe ambulance service in the ACT;\n(b) any other function given to the committee under this Act.\n1A.3 Appointment of ASQAC members\n(1) The commissioner must appoint the members of the committee.\nnominating the occupant of a position (see Legislation Act, s 207).\nNote 3 A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1, def\nappoint).\n(2) An appointment must be for a term of not longer than 3 years.\n(3) An appointment is a notifiable instrument.\n1A.4 Disclosure of interest by ASQAC members etc\n(1) If a person who is a member of, or acting under the direction of, the\ncommittee has a material interest in an issue being considered, or\nabout to be considered, by the committee, the person must disclose\nthe nature of the interest at a committee meeting as soon as practicable\nafter the relevant facts come to the person’s knowledge.\n\nSection 1A.4\n(2) The disclosure must be recorded in the committee’s minutes and,\nunless the committee otherwise decides, the person must not—\n(a) be present when the committee considers the issue; or\n(b) take part in a decision of the committee on the issue.\n(3) Any other person who also has a material interest in the issue must\nnot be present when the committee is considering its decision under\nsubsection (2).\nassociate, of a person, means—\n(a) the person’s business partner; or\n(b) a close friend of the person; or\n(c) a family member of the person.\nexecutive officer, of a corporation, means a person (however\ndescribed) who is concerned with, or takes part in, the corporation’s\nmanagement, whether or not the person is a director of the\ncorporation.\nindirect interest—without limiting the kinds of indirect interests a\nperson may have, a person has an indirect interest in an issue if any\nof the following has an interest in the issue:\n(a) an associate of the person;\n(b) a corporation if the corporation has not more than 100 members\nand the person, or an associate of the person, is a member of the\ncorporation;\n(c) a subsidiary of a corporation mentioned in paragraph (b);\n(d) a corporation if the person, or an associate of the person, is an\nexecutive officer of the corporation;\n(e) the trustee of a trust if the person, or an associate of the person,\nis a beneficiary of the trust;\n\nSection 1A.5\n(f) a member of a firm or partnership if the person, or an associate\nof the person, is a member of the firm or partnership;\n(g) someone else carrying on a business if the person, or an\nassociate of the person, has a direct or indirect right to\nparticipate in the profits of the business.\nmaterial interest—a person has a material interest in an issue if the\nperson has—\n(a) a direct or indirect financial interest in the issue; or\n(b) a direct or indirect interest of any other kind if the interest could\nconflict with the proper exercise of the person’s functions in\nrelation to the committee’s consideration of the issue.\n1A.5 Procedure for ASQAC\nIn exercising its functions, the committee—\n(a) must comply with the rules of natural justice; and\n(b) is not bound by the rules of evidence but may inform itself of\nanything in the way it considers appropriate; and\n(c) may do whatever it considers necessary or convenient for the\nfair and prompt exercise of its functions.\n1A.6 Obtaining information\n(1) The committee may ask anyone to give the committee information,\nincluding protected information, that is relevant to the committee\ncarrying out its function.\n(2) When asking anyone for information, the committee must tell the\nperson that giving false or misleading information is an offence\nagainst the Criminal Code, section 338 (Giving false or misleading\ninformation).\n\nSection 1A.7\n(3) If someone gives information honestly and without recklessness to\nthe committee under subsection (1)—\n(a) the giving of the information is not—\n(i) a breach of confidence; or\n(ii) a breach of professional etiquette or ethics; or\n(iii) a breach of a rule of professional conduct; and\n(b) the person does not incur civil or criminal liability only because\nof the giving of the information.\n1A.7 Annual ASQAC report to Minister\n(1) The committee must, for each financial year, prepare a report\n(a ministerial report) about the committee’s operation during the\nyear.\n(2) The ministerial report must include information for the financial year\nabout—\n(a) the committee’s functions under the Act; and\n(b) how the committee’s functions were facilitated by the\napplication of section 198 (Protection of officials from liability);\nand\n(c) why it was in the public interest for section 1A.10 (Offence—\nsecrecy of protected information) to apply to information held\nby the committee members.\n(3) The ministerial report must comply with any requirements prescribed\nby regulation for this section.\n(4) The ministerial report must not include sensitive information.\n(5) The ministerial report must be given to the Minister not later than\n3 months after the end of the financial year.\n\nSection 1A.8\n1A.8 ASQAC may give information\n(1) The committee may give protected information to 1 or more of the\nfollowing if the committee is satisfied that giving the information\nwould be likely to facilitate the improvement of clinical services\nprovided by the ambulance service in the ACT:\n(a) the Coroner’s Court;\n(b) a health board;\n(c) the Minister.\n(2) If the committee gives protected information to a health board under\nsubsection (1), the committee must also give the information to the\nhealth services commissioner.\nhealth board means a national board established under the Health\nPractitioner Regulation National Law (ACT), section 31.\n1A.9 Admissibility of ASQAC evidence\n(1) The following are not admissible as evidence in a proceeding before\na court:\n(a) an oral statement made in a proceeding before the committee;\n(b) a document given to the committee, but only to the extent that it\nwas prepared only for the committee;\n(c) a document prepared by the committee.\ncourt includes a tribunal, authority or person with power to require\nthe production of documents or the answering of questions.\n\nSection 1A.10\n1A.10 Offence—secrecy of protected information\n(1) An information holder commits an offence if—\n(a) the information holder—\n(i) makes a record of protected information about someone\nelse; and\n(ii) is reckless about whether the information is protected\ninformation about someone else; or\n(b) the information holder—\n(i) does something that divulges protected information about\nsomeone else; and\n(ii) is reckless about whether—\n(A) the information is protected information about\nsomeone else; and\n(B) doing the thing would result in the information being\ndivulged to another person.\n(2) This section does not apply to the making of a record or the divulging\nof information if the record is made or the information divulged—\n(a) under this Act; or\n(b) in the exercise of a function, as an information holder, under this\nAct.\n(3) This section does not apply to the making of a record or the divulging\nof information if—\n(a) the protected information is not sensitive information; and\n(b) the record is made or the information divulged—\n(i) under another territory law; or\n\nSection 1A.10\n(ii) in the exercise of a function, as an information holder,\nunder another territory law.\n(4) This section does not apply to the divulging of protected information\nabout someone with the person’s agreement.\n(5) An information holder must not divulge protected information to a\ncourt, or produce a document containing protected information to a\ncourt, unless it is necessary to do so for this Act.\nNote A quality assurance committee may give protected information to the\nCoroner’s Court (see s 1A.8).\ncourt includes a tribunal, authority or person with power to require\nthe production of documents or the answering of questions.\ndivulge includes communicate.\nproduce includes allow access to.\n\n","sortOrder":203},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 2 Reviewable decisions\nSchedule 2 Reviewable decisions\n(see ch 9)\nitem\nsection\ndecision\ncolumn 4\nentity\n1 62 (1) refuse to approve\nperson as provider of\nservices\napplicant for approval\n2 62 (4) approve person as\nprovider of services\nsubject to condition\napplicant for approval\n3 78 (3) refuse to approve draft\nbushfire operational\nplan for area of land\nowner or manager of land\n4 78 (3) approve draft bushfire\noperational plan for\narea of land with\namendments\nowner or manager of land\n5 82 (1) direct owner of land to\ncomply with bushfire\nmanagement\nrequirement or bushfire\noperational plan\nperson who is given\ndirection\n6 86 (2) issue improvement\nnotice for premises\n7 86 (2) issue occupancy notice\nfor premises\n8 86 (2) issue closure notice for\npremises\n9 87 (2) decide not to extend\nperiod stated in\nimprovement notice\n10 91 (4) decide not to revoke\nnotice for premises\n\nReviewable decisions Schedule 2\nitem\nsection\ndecision\ncolumn 4\nentity\n11 92 give direction for\nprovision or\ninstallation of fire\nappliance\nwhich direction relates\n12 106 (1) give direction to take\naction\nowner of premises to which\ndirection relates\n13 109 give direction to\ncomply with\nsection 120, bushfire\nmanagement\nrequirement or bushfire\noperational plan\nentity that is given direction\n14 126A refuse to issue permit applicant for permit\n15 126A (4) (a) (iv) issue permit subject to\ncondition\napplicant for permit\n\n(see s 4)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• ACAT\n• ACT\n• administrative unit\n• adult\n• appoint\n• AS (see s 164 (1))\n• AS/NZS (see s 164 (2))\n• bankrupt or personally insolvent\n• building code\n• chief health officer\n• Chief Minister\n• chief police officer\n• conservator of flora and fauna\n• contravene\n• Criminal Code\n• director-general (see s 163)\n• disallowable instrument\n• entity\n• Executive\n• exercise\n• fail\n• function\n• give\n• home address\n• may\n• Minister (see s 162)\n• must\n\n• notifiable instrument\n• penalty unit\n• police officer\n• public trustee and guardian\n• reviewable decision notice\n• statutory office-holder\n• territory-owned corporation\n• territory planning authority\n• the Territory\n• under.\nadvisory council means the ACT Multi-Hazard Advisory Council\nestablished under section 127.\nagency, for part 5.3 (Bushfire prevention)—see section 70.\nambulance levy, for schedule 1 (Ambulance levy)—see schedule 1,\nsection 1.4.\nambulance service means the ACT Ambulance Service established\nunder section 40.\nambulance service quality assurance committee (or ASQAC) means\na committee established under section 195A.\nambulance services, for part 4.6 (Other approved providers)—see\nASQAC—see ambulance service quality assurance committee.\nassistant commissioner—see section 13.\nat premises includes in or on the premises.\nbasic health benefits, for schedule 1 (Ambulance levy)—see\nbuilt-up area—see section 6A.\nbushfire abatement zone means a bushfire abatement zone declared\nunder section 71.\n\nbushfire management requirement means a requirement mentioned\nin section 74 (3) (a) (Content of strategic bushfire management plan).\nbushfire operational plan means a bushfire operational plan\napproved under section 78.\nbushfire season, for division 5.6.2 (Controlled activities and offences\nrelating to fire)—see section 119.\ncasual volunteer—see section 59D (2).\nchief officer means—\n(a) for the ambulance service—the chief officer (ambulance\nservice); and\n(b) for the fire and rescue service—the chief officer (fire and rescue\nservice); and\n(c) for the rural fire service—the chief officer (rural fire service);\nand\n(d) for the SES—the chief officer (SES).\nchief officer (ambulance service)—see section 28.\nchief officer (fire and rescue service)—see section 29.\nchief officer (rural fire service)—see section 30.\nchief officer (SES)—see section 31.\nclosure notice means a closure notice issued under section 86 (2)\n(Notices for premises).\ncommissioner means the ACT Emergency Services Commissioner.\ncommissioner’s guidelines—see section 11 (1) (Commissioner may\nmake guidelines).\ncommittee, for schedule 1A (Ambulance service quality assurance\ncommittee)—see section 1A.1.\ncommunity communication and information plan—see\nsection 149 (1).\n\nconservator means the conservator of flora and fauna.\ncontributor, to a health benefits fund, for schedule 1 (Ambulance\nlevy)—see schedule 1, section 1.1.\ncooperative arrangement—see section 176.\ndeclared state of alert means a state of alert declared under\nsection 151 (Declaration of state of alert).\ndeclared state of emergency means a state of emergency declared\nunder section 156 (Declaration of state of emergency).\ndeputy emergency controller means the person appointed under\nsection 150CA (2).\nemergency means an actual or imminent event that requires a\nsignificant and coordinated response.\nExamples of events\n1 fire, flood, storm or earthquake\n2 accident or explosion\n3 epidemic or animal disease\n4 shortage of electricity, gas, fuel or water\nemergency controller means the person appointed under\nsection 150A (2).\nemergency management means the establishment of plans, structures\nand arrangements to coordinate the resources of agencies and other\nentities in a comprehensive approach to—\n(a) the assessment of hazards and emergency risks; and\n(b) the prevention of, preparedness for, response to and recovery\nfrom, emergencies.\nemergency operation, for chapter 8 (Volunteers)—see section 182A.\nemergency operation notice, for chapter 8 (Volunteers)—see\nsection 182B.\nemergency plan means the emergency plan made under section 147.\n\nemergency risk includes the risk of an emergency arising from—\n(a) civil defence requirements associated with warlike action; or\n(b) mass gatherings of people at sporting and other events; or\n(c) technological problems, including the widespread simultaneous\nfailure of computers.\nemergency service means the ambulance service, the fire and rescue\nservice, the rural fire service or the SES.\nemergency services, for part 4.6 (Other approved providers)—see\nemergency services support volunteer—see section 59CA\n(Appointment of emergency services support volunteers).\nemergency sub-plan—see section 148.\nexempt contribution, for schedule 1 (Ambulance levy)—see\nschedule 1, section 1.2.\nfamily rate, for contributions, for schedule 1 (Ambulance levy)—see\nfire alarm includes any signalling apparatus for giving notice of a\nfire.\nfire and rescue service means the ACT Fire and Rescue Service\nestablished under section 43.\nfire appliance includes—\n(a) any vehicle, equipment, implement or thing used for the\nprevention, extinguishing or containment of fire or smoke; and\n(b) any fire alarm; and\n(c) any apparatus for alerting the occupants of a building to a fire or\nfacilitating the evacuation of the building; and\n(d) equipment used for the control or evacuation of smoke from a\nbuilding.\n\nfirefighting services, for part 4.6 (Other approved providers)—see\nfire permit, for part 5.6 (Total fire ban, controlled activities, related\noffences and fire permits)—see section 126A.\nfirework, for part 5.6 (Total fire ban, controlled activities, related\noffences and fire permits)—see section 113A.\nhazard means a thing (including an intrinsic property of a thing), or\na situation, with potential to—\n(a) cause the death of or harm to a person; and\n(b) damage property or the environment.\nhazardous material means anything that may cause injury or death,\nor damage to property or the environment, if it is produced, stored,\nmoved, used, or in any other way dealt with, without adequate\nsafeguards.\nhazardous material incident—\n(a) means an incident involving a hazardous material causing, or\ncreating a substantial risk of—\n(i) death or serious harm to a person; or\n(ii) substantial damage to property or the environment; and\n(b) includes a dangerous occurrence within the meaning of the\nDangerous Substances Act 2004.\nExamples of incidents\n1 a spill or other loss of containment of a hazardous material\n2 an uncontrolled emission of a hazardous material\n3 a fire, explosion or release of energy\nhealth benefits fund, for schedule 1 (Ambulance levy)—see\nhealth benefits organisation, for schedule 1 (Ambulance levy)—see\n\nhigh risk activity, for part 5.6 (Total fire ban, controlled activities,\nrelated offences and fire permits)—see section 113A.\nimprovement notice means an improvement notice issued under\nsection 86 (2) (Notices for premises).\ninformation holder, for schedule 1A (Ambulance service quality\ninspector means a person appointed as an inspector under section 99.\ninterstate or overseas emergency service means an entity (however\ndescribed) established under the law of the Commonwealth, a State,\nanother Territory or a foreign country as an ambulance service, fire\nbrigade, rural fire service or emergency service.\ninvestigator means a person appointed as an investigator under\nsection 100.\nland management agreement—see the Planning Act 2023,\nsection 350 (2) (a).\nmanager, for territory land or land occupied by the Territory, means\nthe chief executive (however described) of the agency (as defined by\nsection 70) whose responsibilities include managing the use of the\nland.\nmedical treatment means—\n(a) undertaking a medical examination and assessment; or\n(b) giving medical advice; or\n(c) giving first aid; or\n(d) undertaking a medical procedure; or\n(e) administering medication.\nmedical treatment standards—see section 38 (2) (Standards and\nprotocols for the services)\n\nmember, of an emergency service—\n(a) means a member of the service; and\n(b) includes the chief officer and deputy chief officer of the service;\nand\n(c) includes a volunteer or casual volunteer in relation to the\nservice.\noccupier, of land or premises, for part 5.5 (Inspectors and\ninvestigators—see section 98.\noccupancy notice means an occupancy notice issued under\nsection 86 (2) (Notices for premises).\noperational unit means a unit of 1 or more people (however\ndescribed) forming part of an emergency service.\nowner, of land, includes the lessee or occupier of the land.\nperson in charge, of land or premises, for part 5.5 (Inspectors and\ninvestigators—see section 98.\npremises includes any land, structure or vehicle and any part of an\narea of land, a structure or vehicle.\nprotected information, for schedule 1A (Ambulance service quality\nrecovery coordinator—see section 174B (2).\nrecovery operation means an operation for the purposes of\nrecovering, or preparing to recover, from an emergency.\nreference month, for schedule 1 (Ambulance levy)—see schedule 1,\nsection 1.3.\nrelevant Assembly committee, for a provision, means a standing\ncommittee of the Legislative Assembly nominated, in writing, by the\nSpeaker for the provision.\nrelevant chief officer, for division 5.4.1 (Notices and directions for\npremises)—see section 85.\n\nrescue includes the release or removal to a safe place of any person,\nanimal or property trapped or endangered because of fire, accident,\nhazardous material incident, explosion, natural disaster or similar\nevent.\nrescue services, for part 4.6 (Other approved providers)—see\nresponse operation, for part 4.6 (Other approved providers)—see\nreviewable decision, for chapter 9 (Notification and review of\ndecisions)—see section 185.\nrural area—see section 6B.\nrural fire service means the ACT Rural Fire Service established\nunder section 51.\nSEMSOG––see section 141.\nsensitive information, for schedule 1A (Ambulance service quality\nSES means the ACT State Emergency Service established under\nsection 56.\nsingle rate, for contributions, for schedule 1 (Ambulance levy)—see\nspecialist, for part 7.4 (Commonwealth, interstate and overseas\ncooperation)—see section 175.\nstandards and protocols, for an emergency service, means the\nstandards and protocols determined under section 38 for the service.\nstrategic bushfire management plan means the strategic bushfire\nmanagement plan under section 72.\nstructure includes industrial plant and equipment.\nsupport unit, for part 7.4 (Commonwealth, interstate and overseas\ncooperation)—see section 175.\n\nterritory agency, for division 7.3.3 (Recovery coordinator)—see\nsection 174A.\ntotal fire ban, for part 5.6 (Total fire ban, controlled activities, related\noffences and fire permits)—see section 114 (2).\nvehicle includes an aircraft, boat and train.\nvolunteer member means a person appointed as a volunteer member\nof an emergency service under section 59B.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEmergencies Act 2004 A2004-28\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\nsch 3 pt 3.1, pt 3.2 commenced 1 September 2004 (s 2 (2) and see\nBuilding Act 2004 A2004-11, s 2 and Construction Occupations\n(Licensing) Act 2004 A2004-12, s 2 and CN2004-8)\namdt 3.47, amdt 3.48 commenced 19 July 2004 (s 2 (3) and see\nEnvironment Legislation Amendment Act 2004 A2004-23 s 2)\nremainder commenced 1 July 2004 (s 2 (1) and CN2004-11)\nas modified by\nEmergencies Regulations 2004 SL2004-26 reg 10\nnotified LR 30 June 2004\nreg 1, reg 2 commenced 30 June 2004 (LA s 75 (1))\nreg 10 commenced 1 July 2004 (reg 2 and see Emergencies Act 2004\nA2004-28, s 2 (1) and CN2004-11)\nas amended by\nPublic Sector Management Amendment Act 2005 (No 2) A2005-44\nsch 1 pt 1.3\nnotified LR 30 August 2005\ns 1, s 2 commenced 30 August 2005 (LA s 75 (1))\nsch 1 pt 1.3 commenced 8 September 2005 (s 2 and CN2005-19)\nEmergencies Amendment Act 2005 A2005-56\nnotified LR 23 November 2005\ns 1, s 2 commenced 23 November 2005 (LA s 75 (1))\nremainder commenced 24 November 2005 (s 2)\nAdministrative (Miscellaneous Amendments) Act 2006 A2006-30\nsch 1 pt 1.2\nnotified LR 16 June 2006\ns 1, s 2 commenced 16 June 2006 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 July 2006 (s 2 (1))\n\nStatute Law Amendment Act 2006 A2006-42 sch 1 pt 1.1\nnotified LR 26 October 2006\ns 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))\nsch 1 pt 1.1 commenced 16 November 2006 (s 2 (1))\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.11\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.11 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.24\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.24 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.38\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.38 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.27\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.27 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.25\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.25 commenced 17 December 2009 (s 2)\nJustice and Community Safety Legislation Amendment Act 2010\nA2010-13 sch 1 pt 1.2\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\ns 3 commenced 1 April 2010 (LA s 75AA)\nsch 1 pt 1.2 commenced 28 April 2010 (s 2 (4))\n\nEmergencies Amendment Act 2010 A2010-17\nnotified LR 12 May 2010\ns 1, s 2 commenced 12 May 2010 (LA s 75 (1))\nremainder commenced 20 August 2010 (s 2 and CN2010-8)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.61\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.61 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.12\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.12 commenced 21 September 2011 (s 2 (1))\nEmergencies (Commissioner Directions) Amendment Act 2012\nA2012-12\nnotified LR 4 April 2012\ns 1, s 2 commenced 4 April 2012 (LA s 75 (1))\nremainder commenced 5 April 2012 (s 2)\nJustice and Community Safety Legislation Amendment Act 2012\nA2012-13 sch 1 pt 1.5\nnotified LR 11 April 2012\ns 1, s 2 commenced 11 April 2012 (LA s 75 (1))\nsch 1 pt 1.5 commenced 12 April 2012 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2012\n(No 2) A2012-30 sch 1 pt 1.2\nnotified LR 13 June 2012\ns 1, s 2 commenced 13 June 2012 (LA s 75 (1))\nsch 1 pt 1.2 commenced 14 June 2012 (s 2)\nEmergencies Amendment Act 2014 A2014-50\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\nremainder commenced 11 November 2014 (s 2)\n\nNature Conservation Act 2014 A2014-59 sch 2 pt 2.3\nnotified LR 11 December 2014\ns 1, s 2 commenced 11 December 2014 (LA s 75 (1))\nsch 2 pt 2.3 commenced 11 June 2015 (s 2 (1) and LA s 79)\nAnnual Reports (Government Agencies) Amendment Act 2015\nA2015-16 sch 1 pt 1.9\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 1 pt 1.9 commenced 3 June 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.22\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.22 commenced 14 October 2015 (s 2)\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.20\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.20 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\nEmergencies Amendment Act 2016 A2016-33\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nremainder commenced 21 June 2016 (s 2)\nJustice and Community Safety Legislation Amendment\nAct 2017 (No 3) A2017-38 pt 9\nnotified LR 9 November 2017\ns 1, s 2 commenced 9 November 2017 (LA s 75 (1))\npt 9 commenced 16 November 2017 (s 2 (1))\nEmergencies Amendment Act 2018 A2018-49\nnotified LR 6 December 2018\ns 1, s 2 commenced 6 December 2018 (LA s 75 (1))\nremainder commenced 7 December 2018 (s 2)\n\nMotor Accident Injuries Act 2019 A2019-12 sch 3 pt 3.3\nnotified LR 31 May 2019\ns 1, s 2 commenced 31 May 2019 (LA s 75 (1))\nsch 3 pt 3.3 commenced 1 February 2020 (s 2 (1) and CN2019-13)\nJustice and Community Safety Legislation Amendment Act 2019\nA2019-17 pt 4\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\npt 4 commenced 21 June 2019 (s 2)\nEmergencies Amendment Act 2020 A2020-47\nnotified LR 3 September 2020\ns 1, s 2 commenced 3 September 2020 (LA s 75 (1))\nremainder commenced 4 September 2020 (s 2)\nEmergencies Amendment Act 2021 A2021-30\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\nremainder commenced 11 December 2021 (s 2)\nLegislation (Legislative Assembly Committees) Amendment Act 2022\nA2022-4 sch 1 pt 1.7\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\nsch 1 pt 1.7 commenced 6 April 2022 (s 2)\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.12\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.12 commenced 24 August 2022 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.22\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.22 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\n\nEducation and Care Services National Law (ACT) Amendment\nAct 2024 A2024-33 sch 1 pt 1.5\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\nsch 1 pt 1.5 commenced 11 July 2024 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.35, sch 4\npt 4.68\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.35, sch 4 pt 4.68 commenced 16 November 2025 (s 2 (1),\n(9))\n\nPreliminary\npt 1.1 hdg ins A2021-30 s 4\nCommencement\ns 2 om LA s 89 (4)\nObjects of Act\ns 3 am A2006-30 amdt 1.2; A2010-17 s 4; A2012-13 amdt 1.36;\nA2014-50 s 4; A2016-33 s 62; A2021-30 s 5\ns 4 am A2007-25 amdt 1.40; A2023-36 amdt 1.122\nArea concepts\npt 1.2 hdg ins A2021-30 s 6\nMeaning of built-up area\ns 6A ins A2021-30 s 6\nMeaning of rural area\ns 6B ins A2021-30 s 6\nch 2 hdg sub A2006-30 amdt 1.3\nEmergency services authority\npt 2.1 hdg om A2006-30 amdt 1.3\ns 7 sub A2006-30 amdt 1.3\nam A2011-22 amdt 1.194; A2012-12 s 4\nCommissioner’s functions\ns 8 sub A2006-30 amdt 1.3\nam A2010-17 s 5; pars renum R15 LA; A2012-12 s 5;\nA2014-50 ss 5-8; A2016-33 s 4\nDirections by commissioner in relation to emergencies\ns 8A ins A2012-12 s 6; A2014-50 s 9\nFunctions of authority\npt 2.2 hdg om A2006-30 amdt 1.3\nMinister and emergency coordination\ns 9 am A2005-56 s 4\nsub A2006-30 amdt 1.3\nAsking advisory council’s advice\ns 10 sub A2006-30 amdt 1.3; A2021-30 s 7\n\nCommissioner may make guidelines\ns 11 sub A2006-30 amdt 1.3\nam A2011-28 amdt 3.82; A2016-33 s 5, s 6; ss renum R26 LA;\nA2021-30 s 8, s 9; ss renum R32 LA; A2022-4 amdt 1.16,\namdt 1.17; A2025-29 amdt 4.68\nDelegation by commissioner\ns 12 sub A2006-30 amdt 1.3; A2010-13 amdt 1.15\nam A2012-12 s 7; A2021-30 s 10\nAssistant emergency services commissioners\ns 13 om A2006-30 amdt 1.3\nOperations of authority\npt 2.3 hdg om A2006-30 amdt 1.3\nAssistant commissioners’ functions\ns 14 om A2006-30 amdt 1.3\nDelegation by assistant commissioners\ns 15 om A2006-30 amdt 1.3\nReports by authority to Minister\ns 16 om A2006-30 amdt 1.3\nAuthority’s annual report\ns 17 om A2006-30 amdt 1.3\npt 2.4 hdg om A2006-30 amdt 1.3\nAppointment of commissioner\ns 18 om A2006-30 amdt 1.3\nFunctions of commissioner\ns 19 om A2006-30 amdt 1.3\nDelegation by commissioner\ns 19A ins A2005-56 s 5\nom A2006-30 amdt 1.3\nCommissioner’s employment conditions\ns 20 om A2006-30 amdt 1.3\nEnding commissioner’s appointment\ns 21 om A2006-30 amdt 1.3\nAuthority staff, volunteers and consultants\npt 2.5 hdg om A2006-30 amdt 1.3\n\nAuthority staff\ns 22 am A2005-44 amdt 1.3, amdt 1.4\nom A2006-30 amdt 1.3\nAgreement for use of other government staff etc\ns 23 om A2006-30 amdt 1.3\nAppointment of volunteer members\ns 24 om A2006-30 amdt 1.3\nVolunteer appointments in accordance with guidelines\ns 25 om A2006-30 amdt 1.3\nCasual volunteers\ns 26 om A2006-30 amdt 1.3\nAuthority consultants\ns 27 om A2006-30 amdt 1.3\nChief officer—ambulance service\ns 28 am A2006-30 amdt 1.4; A2011-22 amdt 1.194; A2016-33 s 7\nChief officer—fire and rescue service\ns 29 hdg sub A2012-13 amdt 1.21; A2016-33 s 8\ns 29 am A2006-30 amdt 1.5; A2011-22 amdt 1.194; A2012-13\namdt 1.36, amdt 1.37; A2016-33 s 9, s 10, s 62, s 63;\nA2017-38 s 25; pars renum R27 LA\nChief officer—rural fire service\ns 30 am A2006-30 amdt 1.6; A2011-22 amdt 1.194; A2012-13\namdt 1.37; A2016-33 ss 11-13\nChief officer—SES\ns 31 am A2006-30 amdt 1.7; A2011-22 amdt 1.194; A2016-33 s 14\nDeputy chief officers\ns 32 am A2006-30 amdt 1.8, amdt 1.9; A2011-22 amdt 1.194;\nA2016-33 s 15\nGeneral powers of chief officers\ns 34 am A2006-30 amdt 1.36; A2014-50 s 10; pars renum R21 LA;\nA2021-30 s 12; A2024-33 amdt 1.10\nDirections by chief officer to service members\ns 35 am A2006-30 amdt 1.10; A2016-33 s 16\nChief officers to advise commissioner\ns 36 sub A2006-30 amdt 1.11\nStandards and protocols for the services\ns 38 am A2006-30 amdt 1.36; A2012-13 amdt 1.22; A2016-33 s 63\nDelegations by chief officers\ns 39 am A2021-30 s 13\n\nFunctions of ambulance service\ns 41 am A2012-13 amdt 1.23; A2016-33 s 17\nFire and rescue service\npt 4.2 hdg sub A2012-13 amdt 1.24; A2016-33 s 18\nFire and rescue service\ndiv 4.2.1 hdg sub A2012-13 amdt 1.25; A2016-33 s 19\nEstablishment of fire and rescue service\ns 43 sub A2012-13 amdt 1.26; A2016-33 s 19\nFunctions of fire and rescue service\ns 44 hdg sub A2012-13 amdt 1.27\ns 44 am A2012-13 amdt 1.36\nConstitution of fire and rescue service\ns 45 hdg sub A2012-13 amdt 1.28\ns 45 am A2012-13 amdt 1.36, amdt 1.37\nRanks for fire and rescue service members\ns 46 hdg sub A2012-13 amdt 1.29\ns 46 am A2012-13 amdt 1.36, amdt 1.37\nEstablishment of community fire units\ns 47 am A2012-13 amdt 1.37; A2016-33 s 63\nAppointment of members of units\ns 48 am A2006-30 amdt 1.36; A2012-13 amdt 1.37; A2016-33 s 63\nObjects and functions of community fire units\ns 49 am A2012-13 amdt 1.36, amdt 1.37; A2016-33 s 63\nTraining and equipment for community fire units\ns 50 am A2012-13 amdt 1.37; A2016-33 s 63\nFunctions of rural fire service\ns 52 am A2012-13 amdt 1.36; A2016-33 s 20, s 21, s 62\nRural fire brigades\ns 54 sub A2005-56 s 6\nam A2021-30 s 14; A2025-29 amdt 4.68\nFunctions of SES\ns 57 am A2012-13 amdt 1.30; A2016-33 s 22\nSES operational units\ns 59 sub A2005-56 s 7\n\nRanks for SES members\ns 59A ins A2005-56 s 8\nVolunteers\npt 4.5 hdg orig pt 4.5 hdg renum as pt 4.6 hdg\nins A2006-30 amdt 1.12\nAppointment of volunteer members\ns 59B ins A2006-30 amdt 1.12\nVolunteer appointments in accordance with guidelines\ns 59C ins A2006-30 amdt 1.12\nam A2016-33 s 23, s 24; ss renum R26 LA\nAppointment of emergency services support volunteers\ns 59CA ins A2010-13 amdt 1.16\nCasual volunteers\ns 59D ins A2006-30 amdt 1.12\nOther approved providers\npt 4.6 hdg orig pt 4.6 hdg renum as pt 4.7 hdg\n(prev pt 4.5 hdg) renum as pt 4.6 hdg A2006-30 amdt 1.13\nDefinitions—pt 4.6\ns 60 hdg sub A2006-30 amdt 1.14\nApproval of person to provide services\ns 61 am A2025-29 amdt 4.68\nDecision about approval\ns 62 am A2006-30 amdt 1.35; A2011-28 amdt 3.82; A2025-29\nServices from outside ACT\npt 4.7 hdg (prev pt 4.6 hdg) renum as pt 4.7 hdg A2006-30 amdt 1.13\nInterstate and overseas emergency services\ns 64 am A2012-13 amdt 1.37; A2016-33 s 63\nInterpretation for ch 5\npt 5.1 hdg om A2021-30 s 15\nWhat is a built-up area and a rural area?\ns 65 am A2006-30 amdt 1.35; A2011-28 amdt 3.82; A2012-13\namdt 1.36, amdt 1.37; A2016-33 s 25, s 63\nom A2021-30 s 15\nWhat is the city area?\ns 66 am A2012-13 amdt 1.36\nom A2016-33 s 26\n\nFires in built-up area\ns 67 am A2006-30 amdt 1.36; A2012-13 amdt 1.36, amdt 1.37;\nA2016-33 s 27, s 62, s 63\nFires in rural areas\ns 68 am A2006-30 amdt 1.36; A2012-13 amdt 1.36; A2016-33 s 28,\ns 62\nSecuring area at or after fire\ns 69 am A2012-13 amdt 1.36, amdt 1.37; A2016-33 s 62, s 63\nDefinitions for pt 5.3\ns 70 def annual report om A2015-16 amdt 1.11\nCommissioner may declare bushfire abatement zone\ns 71 sub A2006-30 amdt 1.15\nam A2023-36 amdt 1.123; A2025-29 amdt 4.68\nStrategic bushfire management plan\ns 72 am A2006-30 amdt 1.35; A2011-28 amdt 3.82; A2014-50 s 11,\ns 12; ss renum R21 LA; A2014-59 amdt 2.8; A2021-30 s 16;\nA2023-36 amdt 1.124; A2025-29 amdt 4.68\nBushfire management plan committee\ns 73 am A2006-30 amdt 1.35\nContent of strategic bushfire management plan\ns 74 am A2005-56 s 9; A2014-50 s 13\nPublic consultation for strategic bushfire management plan\ns 75 am A2005-56 s 10; A2006-30 amdt 1.35; A2009-20 amdt 3.67;\nA2015-33 amdt 1.67; A2025-29 amdt 4.68\nAssessment of resources and capabilities\ns 76 am A2005-56 s 11; A2006-30 amdt 1.35; A2021-30 s 17\nCompliance with strategic bushfire management plan\ns 77 hdg sub A2014-50 s 14\ns 77 am A2007-25 amdt 1.41; A2014-50 s 15\nInconsistency between strategic bushfire management plan and public land\nmanagement plan\ns 77A ins A2014-50 s 16\nsub A2014-59 amdt 2.9\nam A2023-36 amdt 1.124\nCommissioner may make bushfire management standards\ns 77B ins A2016-33 s 29\nBushfire operational plans\ns 78 sub A2005-56 s 12; A2006-30 amdt 1.35; A2014-50 s 17, s 18\n\nBushfire operational plans—bushfire abatement zone\ns 79 om A2005-56 s 12\nReview of strategic bushfire management plan\ns 80 am A2021-30 s 18\nDirections by Minister to manager of land\ns 81 am A2016-33 s 30\nDirections by commissioner to owner of land\ns 82 sub A2006-30 amdt 1.16\nam A2016-33 s 31\nFire fuel reduction\ns 84 sub A2016-33 s 32\nMeaning of relevant chief officer—div 5.4.1\ns 85 om A2015-16 amdt 1.12\nins A2016-33 s 33\nNotices for premises\ns 86 am A2012-13 amdt 1.37; A2016-33 s 34\nImprovement notices\ns 87 am A2012-13 amdt 1.37; A2016-33 s 34, s 35\nEnding of notices for premises\ns 91 am A2012-13 amdt 1.37; A2016-33 s 36, s 37\nDirection to provide fire appliance at premises\ns 92 am A2012-13 amdt 1.37; A2016-33 s 38\nOffences about fire appliances\ns 95 am A2019-17 s 9, s 10; A2021-30 s 19, s 20; ss renum R32\nLA\nObstruction of passageway, door etc\ns 96 am A2012-13 amdt 1.37; A2016-33 s 63\nAppointment of inspectors\ns 99 am A2012-13 amdt 1.36, amdt 1.37; A2016-33 s 62, s 63\nAppointment of investigators\ns 100 am A2012-13 amdt 1.36, amdt 1.37; A2016-33 s 62, s 63\nInspector may enter land\ns 103 am A2022-14 amdt 3.70\nInspector may enter premises\ns 104 am A2022-14 amdt 3.70\nEnforcement of improvement, occupancy and closure notices\ns 105 am A2022-14 amdt 3.71\n\nDirections to comply with fire prevention obligations etc\ns 109 am A2016-33 s 39\nInvestigator may enter land or premises\ns 111 am A2022-14 amdt 3.72\nInvestigator’s power to require name and address\ns 113 am A2009-49 amdt 3.57; A2022-14 amdt 3.72\nTotal fire ban, controlled activities, related offences and fire permits\npt 5.6 hdg sub A2021-30 s 21\nDefinitions—pt 5.6\ndiv 5.6.1A hdg ins A2021-30 s 21\nDefinitions—pt 5.6\ns 113A ins A2021-30 s 21\ndef fire permit ins A2021-30 s 21\ndef firework ins A2021-30 s 21\ndef high risk activity ins A2021-30 s 21\ndef total fire ban ins A2021-30 s 21\nDeclaration of total fire ban\ns 114 am A2006-30 amdt 1.35; A2021-30 s 22\nPublication of total fire ban\ns 115 am A2006-30 amdt 1.35; A2009-20 amdt 3.67; A2015-33\namdt 1.68; A2021-30 s 23\nOffence—lighting etc fire during total fire ban\ns 116 am A2006-30 amdt 1.35; A2016-33 s 40; A2021-30 s 24, s 25\nOffence—high risk activity during total fire ban\ns 116A ins A2016-33 s 41\nam A2021-30 s 26, s 27\nDeclaration of exempt fires\ns 117 am A2006-30 amdt 1.35; A2011-28 amdt 3.82; A2025-29\nFire permits\ns 118 am A2005-56 s 13; A2006-30 amdt 1.35; A2016-33 s 42, s 43\nom A2021-30 s 28\nBushfire season\ns 119 am A2006-30 amdt 1.35; A2011-28 amdt 3.82; A2021-30 s 29;\nA2025-29 amdt 4.68\nNotification of fire etc—obligations of owners or occupiers of rural land\ns 121 am A2006-30 amdt 1.35; A2012-13 amdt 1.36; A2016-33 s 62\n\nUsing fires and appliances for cooking etc in open air\ns 122 am A2005-56 s 14; A2006-30 amdt 1.35; A2012-30 amdt 1.17;\nA2021-30 s 30, s 31\nLighting fires for burning off\ns 123 am A2006-30 amdt 1.17, amdt 1.35; A2006-42 amdt 1.1;\nA2012-30 amdt 1.18; A2021-30 s 32, s 33\nPermits for div 5.6.2\ns 124 am A2006-30 amdt 1.35\nom A2021-30 s 34\nFire permits\ndiv 5.6.3 hdg ins A2021-30 s 35\nCommissioner may issue fire permit\ns 126A ins A2021-30 s 35\nOperation of fire permit\ns 126B ins A2021-30 s 35\nMulti-hazard advisory council\nch 6 hdg sub A2021-30 s 36\nEstablishment of multi-hazard advisory council\ns 127 sub A2021-30 s 36\nConstitution of advisory council\ns 128 sub A2021-30 s 36\nAdvisory council members\ns 129 am A2016-33 ss 44-46; ss renum R26 LA\nFunctions of advisory council\ns 130 sub A2006-30 amdt 1.18\nam A2016-33 s 47; ss renum R26 LA\nDirector-general to give support to advisory council\ns 131 hdg am A2011-22 amdt 1.194\ns 131 sub A2006-30 amdt 1.18\nam A2011-22 amdt 1.194\nEnding of advisory council members’ appointments\ns 132 am A2009-49 amdt 3.58\nAdvisory council terms of reference and procedures\ns 133 sub A2021-30 s 36\n\nDisclosure of interests by advisory council members\ns 134 am A2008-28 amdt 3.85\nReporting of disclosed interests to Minister\ns 135 sub A2021-30 s 36\nam A2022-4 amdt 1.18, amdt 1.19\nVoting at bushfire council meetings\ns 136 om A2021-30 s 36\nBushfire council resolutions\ns 137 om A2021-30 s 36\nMinutes of bushfire council proceedings\ns 138 om A2021-30 s 36\nDisclosure of interests by bushfire council members\ns 139 om A2021-30 s 36\nReporting of disclosed interests to Minister\ns 140 om A2021-30 s 36\nSecurity and Emergency Management Senior Officials Group\npt 7.1 hdg sub A2010-17 s 6\nSecurity and Emergency Management Senior Officials Group\ns 141 sub A2010-17 s 7\nConstitution of SEMSOG\ns 142 hdg sub A2010-17 s 8\ns 142 am A2010-17 ss 9-12; pars renum R15 LA; A2011-22\namdt 1.194; A2012-13 amdt 1.37; A2016-33 s 63; A2018-49\ns 4, s 5; pars renum R28 LA; A2022-4 amdt 1.20\nFunctions of SEMSOG\ns 143 hdg sub A2010-17 s 13\ns 143 am A2006-30 amdt 1.35; A2010-17 ss 14-16; pars renum R15\nLA; A2018-49 s 6, s 7; pars renum R28 LA; A2021-30 s 37\nCalling committee meetings\ns 144 om A2010-17 s 17\nCommittee meetings\ns 145 am A2008-28 amdt 3.86\nom A2010-17 s 17\nMinimum number for committee meetings\ns 146 om A2010-17 s 17\ns 147 am A2010-17 s 18, s 19\n\nEmergency sub-plans\ns 148 sub A2018-49 s 8\nCommunity communication and information plan\ns 149 hdg sub A2011-28 amdt 3.78\ns 149 am A2006-30 amdt 1.35; A2010-17 s 20; A2018-49 s 9\nsub A2021-30 s 38\nPreparation of community communication and information plan\ns 149A ins A2021-30 s 38\nCommunicating information about emergencies\ns 149B ins A2021-30 s 38\nApplication—pt 7.3\ndiv 7.3.1 hdg sub A2010-17 s 21\nApplication—pt 7.3\ns 150 hdg sub A2010-17 s 22\ns 150 am A2010-17 s 23\nEmergency controller and deputy emergency controller\ndiv 7.3.1A hdg ins A2010-17 s 24\nsub A2020-47 s 4\nAppointment of emergency controller\ns 150A ins A2010-17 s 24\nam A2018-49 ss 10-12; ss renum R28 LA\nsub A2020-47 s 5\nFunctions of emergency controller\ns 150B hdg sub A2020-47 s 6\ns 150B ins A2010-17 s 24\nam A2018-49 s 13\nEmergency powers of emergency controller\ns 150C hdg sub A2020-47 s 6\ns 150C ins A2010-17 s 24\nam A2014-50 s 19, s 20; pars renum R21 LA; A2020-47 ss 7-9\nAppointment of deputy emergency controller\ns 150CA ins A2020-47 s 10\nFunctions of deputy emergency controller\ns 150CB ins A2020-47 s 10\nDeclared emergencies\ndiv 7.3.1B hdg ins A2010-17 s 25\nDeclaration of state of alert\ns 151 am A2021-30 s 39\n\nPublication of state of alert declaration\ns 153 am A2021-30 s 40; pars renum R32 LA\nMinister to give reports to community during state of alert\ns 154 hdg sub A2005-56 s 15\ns 154 am A2005-56 s 16\nDeclaration of state of emergency\ns 156 am A2018-49 s 14; A2021-30 s 41\nPublication of declaration of state of emergency\ns 158 am A2021-30 s 42; pars renum R32 LA\nAppointment of emergency controller for declared state of emergency\ns 159 hdg am A2010-17 s 26\ns 159 am A2010-17 s 26; A2018-49 s 15, s 16\nFunctions of emergency controller\ns 160 hdg am A2010-17 s 26\ns 160 am A2010-17 s 26; A2018-49 s 17\nEmergency powers—declared state of emergency\ns 160A hdg (prev s 163 hdg) sub A2010-17 s 31\ns 160A (prev s 163) am A2005-56 s 17; A2010-17 s 32\nreloc and renum as s 160A A2010-17 s 33\nam A2012-30 amdt 1.19; ss renum R20 LA; A2014-50 s 21,\ns 22; pars renum R21 LA\nGeneral provisions applying if emergency controller appointed\ndiv 7.3.1C hdg ins A2010-17 s 27\nManagement executive for emergency\ns 161 hdg sub A2010-17 s 28\ns 161 am A2008-28 amdt 3.87; A2010-17 s 29\nManagement of emergency\ns 162 am A2006-30 amdt 1.19\nsub A2010-17 s 30\nEmergency powers—declared state of emergency\ns 163 reloc and renum as s 160A\nFailure to comply with direction given under emergency powers\ns 164 am A2010-17 s 34; A2014-50 s 23; A2020-47 s 12\nChief Minister’s directions to emergency controller\ns 165 sub A2010-17 s 35\n\nEmergency controller to give information about controller’s operations\ns 166 hdg sub A2010-17 s 36\nam A2010-17 s 37\nEmergency controller to advise Chief Minister and Minister\ns 166A ins A2020-47 s 13\nRevocation of state of alert and state of emergency declarations and\nappointment of emergency controller\ns 166B ins A2020-47 s 13\nDeployment of resources outside ACT in emergency\ns 167 sub A2010-17 s 38\nPower to remove person obstructing response operations etc\ns 168 am A2010-17 s 39\nCompensation—emergencies\ns 169 hdg sub A2010-17 s 40\ns 169 am A2010-17 s 41, s 42; A2020-47 s 14; A2025-29 amdt 4.68\nRecovery of compensation in court\ns 172 am A2010-17 s 43\nApplication—div 7.3.2\ns 173 sub A2010-17 s 44\nCommissioner must assist recovery for other emergencies\ns 174 sub A2006-30 amdt 1.20\nRecovery coordinator\ndiv 7.3.3 hdg ins A2021-30 s 43\nMeaning of territory agency—div 7.3.3\ns 174A ins A2021-30 s 43\nAppointment of recovery coordinator\ns 174B ins A2021-30 s 43\nFunctions of recovery coordinator\ns 174C ins A2021-30 s 43\nCooperative arrangements with Commonwealth, State or overseas agencies\ns 176 am A2006-30 amdt 1.21; A2021-30 s 44\nCooperative arrangements about resources\ns 177 am A2006-30 amdt 1.35; A2010-17 s 45\nDirections to people operating under cooperative arrangement\ns 178 am A2006-30 amdt 1.35; A2010-17 s 45\nDirections by authorised person to people operating under cooperative\narrangement\ns 179 am A2006-30 amdt 1.35; A2010-17 s 45\n\nEmergency relief funds\ns181 am A2016-13 amdt 1.59\nGifts and donations\ns 182 am A2006-30 amdt 1.22; A2011-22 amdt 1.194; A2011-28\namdt 3.82; A2025-29 amdt 4.68\nDefinitions—ch 8\ns 182A ins A2021-30 s 45\ndef emergency operation ins A2021-30 s 45\ndef emergency operation notice ins A2021-30 s 45\nEmergency operation notice\ns 182B ins A2021-30 s 45\nVictimisation of volunteers\ns 183 am A2010-13 amdt 1.17, amdt 1.18; A2021-30 s 46; A2022-14\namdt 3.73\nRelease of volunteer member from operations\ns 184 am A2006-30 amdt 1.35\nNotification and review of decisions\nch 9 hdg sub A2008-37 amdt 1.158\nMeaning of reviewable decision–ch 9\ns 185 sub A2008-37 amdt 1.158\nReviewable decision notices\ns 186 sub A2008-37 amdt 1.158\nApplications for review\ns 187 sub A2008-37 amdt 1.158\nLighting a fire dangerous to premises\ns 188 am A2012-13 amdt 1.37; A2016-33 s 63\nDirection to leave fire area\ns 189 am A2012-13 amdt 1.36; A2016-33 s 62\nInterfering with fire appliance, hydrant, alarm etc\ns 190 am A2012-13 amdt 1.36; A2016-33 ss 48-50; ss renum R26\nLA; A2021-30 s 47, s 48\nAmbulance fund\ns 195 am A2011-28 amdt 3.82; A2025-29 amdt 4.68\nEstablishment of ambulance service quality assurance committee\ns 195A ins A2016-33 s 51\nAuthorised person’s power to require name and address\ns 196 am A2009-49 amdt 3.59; A2010-17 s 46; A2022-14 amdt 3.74\n\nIdentity cards\ns 197 am A2006-30 amdt 1.23, amdt 1.24\nProtection of officials from liability\ns 198 am A2005-56 s 18; A2006-30 amdts 1.25-1.27; A2010-13\namdt 1.19; pars renum R14 LA; A2016-33 s 52; A2021-30\ns 49, s 50; pars renum R32 LA\nCompensation for exercise of functions etc\ns 199 am A2010-17 s 47; A2020-47 s 15, s 16\nApproved forms\ns 200 am A2006-30 amdt 1.35; A2011-28 amdt 3.82; A2025-29\nDetermination of fees\ns 201 am A2011-28 amdt 3.82; A2025-29 amdt 4.68\nRegulation-making power\ns 202 am A2025-29 amdt 4.68\nReview of Act\ns 203 om LA s 89 (3)\nins A2010-17 s 48\nam A2016-33 s 53\nConsequential and transitional matters\nch 11 hdg exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nRepeals\npt 11.1 hdg om LA s 89 (3)\nTransitional provisions\npt 11.2 hdg exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nDefinitions for pt 11.2\ndiv 11.2.1 hdg exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nDefinitions for pt 11.2\ns 204 exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nEmergency management committee\ndiv 11.2.2 hdg exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nCommittee members\ns 205 exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nBushfire council\ndiv 11.2.3 hdg exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nCouncil members\ns 206 exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\n\nFormer bushfire council—assets, rights and liabilities\ndiv 11.2.4 hdg exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nVesting of assets, rights and liabilities\ns 207 exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nRegistration of changes in ownership of certain assets\ns 208 exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nEvidentiary certificate for vested assets and liabilities\ns 209 exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nProceedings and evidence\ns 210 exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nMembers of fire brigade\ndiv 11.2.5 hdg exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nFire Brigade (Administration) Act\ns 211 exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nReferences to staff of authority\ns 212 exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nEmergency Services Commissioner\ndiv 11.2.6 hdg exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nAppointment of emergency services commissioner\ns 213 exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nFuel management plans\ndiv 11.2.6A ins as mod SL2004-26 s 10\nFuel management plans\ns 213A ins as mod SL2004-26 s 10\ndiv 11.2.6B ins as mod SL2004-26 s 10\ns 213B ins as mod SL2004-26 s 10\nAmbulance fund\ndiv 11.2.6C ins as mod SL2004-26 s 10\nApproval of person to operate fund\ns 213C ins as mod SL2004-26 s 10\n\nOther provisions\ndiv 11.2.7 hdg exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nReferences to Bushfire Act etc\ns 214 exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nTransitional regulations\ns 215 exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nLegislation amended—sch 3\ns 216 om LA s 89 (3)\nExpiry of ch 11\ns 217 exp 22 December 2004 (see s 211 (1), s 217 and NI2004-486)\nTransitional—Emergencies Amendment Act 2021\nch 12 hdg ins A2021-30 s 51\nDefinitions—ch 12\ns 218 ins A2021-30 s 51\nDeclaration of built-up area\ns 219 ins A2021-30 s 51\nOld permit taken to be fire permit\ns 220 ins A2021-30 s 51\nApplication for old permit not decided\ns 221 ins A2021-30 s 51\nBushfire council members\ns 222 ins A2021-30 s 51\nBushfire council functions\ns 223 ins A2021-30 s 51\nBushfire council disclosures, reporting etc\ns 224 ins A2021-30 s 51\nTransitional regulations\ns 225 ins A2021-30 s 51\n\nExpiry—ch 12\ns 226 ins A2021-30 s 51\nAmbulance levy\nsch 1 ss renum R5 LA\nam A2009-49 amdt 3.60; A2019-12 amdt 3.36\nAmbulance service quality assurance committee\nsch 1A ins A2016-33 s 54\nAppointment of ASQAC members\nsch 1A s 1A.3 am A2025-29 amdt 4.68\nReviewable decisions\nsch 2 am A2005-56 s 19\nsub A2008-37 amdt 1.159\nam A2021-30 s 52\nConsequential amendments\nsch 3 om LA s 89 (3)\ndict am A2008-37 amdt 1.160; A2009-20 amdt 3.68; A2009-49\namdt 3.61; A2011-22 amdt 1.195; A2011-28 amdt 3.79;\nA2015-33 amdt 1.69; A2016-13 amdt 1.60; A2019-17 s 11;\nA2023-36 amdt 1.125; A2025-29 amdt 3.98\ndef advisory council ins A2021-30 s 53\ndef ambulance service quality assurance committee ins\nA2016-33 s 55\ndef ambulance services am A2006-30 amdt 1.28\ndef annual report om A2015-16 amdt 1.13\ndef ASQAC ins A2016-33 s 55\ndef assistant commissioner ins A2021-30 s 53\ndef authority om A2006-30 amdt 1.29\ndef authority guidelines om A2006-30 amdt 1.29\ndef building code om A2025-29 amdt 3.99\ndef built-up area sub A2021-30 s 54\ndef bushfire council om A2021-30 s 55\ndef bushfire operational plan sub A2005-56 s 20\ndef casual volunteer sub A2006-30 amdt 1.30\ndef chief officer am A2012-13 amdt 1.31; A2016-33 s 63\ndef chief officer (fire and rescue) ins A2012-13 amdt 1.32\nom A2016-33 s 56\ndef chief officer (fire and rescue service) ins A2016-33 s 57\ndef chief officer (fire brigade) om A2012-13 amdt 1.32\ndef city area om A2016-33 s 58\ndef commissioner sub A2005-56 s 21\ndef commissioner’s guidelines ins A2010-13 amdt 1.20\n\ndef committee ins A2016-33 s 59\ndef community communication and information plan sub\nA2021-30 s 56\ndef contributor am A2011-28 admt 3.80\ndef cooperative arrangement sub A2011-28 admt 3.81\ndef deputy emergency controller ins A2020-47 s 17\ndef eligible person om A2008-37 amdt 1.161\ndef emergency am A2005-56 s 22\ndef emergency controller ins A2010-17 s 49\nsub A2020-47 s 18\ndef emergency management am A2010-17 s 50\ndef emergency management committee om A2010-17 s 51\ndef emergency operation ins A2021-30 s 57\ndef emergency operation notice ins A2021-30 s 57\ndef emergency service am A2012-13 amdt 1.36; A2016-33\ns 62\ndef emergency services am A2006-30 amdt 1.31\ndef emergency services support volunteer ins A2010-13\namdt 1.20\ndef emergency sub-plan ins A2018-49 s 18\ndef fire and rescue ins A2012-13 amdt 1.33\nom A2016-33 s 60\ndef fire and rescue service ins A2016-33 s 61\ndef firefighting services am A2006-30 amdt 1.31\ndef fire permit ins A2021-30 s 57\ndef firework sub A2021-30 s 58\ndef hazardous material incident pars renum R26 LA\ndef high risk activity ins A2021-30 s 59\ndef information holder ins A2016-33 s 61\ndef land management agreement sub A2007-25 amdt 1.42;\nA2023-36 amdt 1.126\ndef member am A2006-30 amdt 1.32\ndef protected information ins A2016-33 s 61\ndef recovery coordinator ins A2021-30 s 59\ndef recovery operation ins A2021-30 s 59\ndef relevant Assembly committee ins A2022-4 amdt 1.21\ndef relevant chief officer ins A2016-33 s 61\ndef rescue services am A2006-30 amdt 1.33\ndef response operation am A2006-30 amdt 1.33\ndef reviewable decision sub A2008-37 amdt 1.162\ndef rural area sub A2021-30 s 60\ndef rural fire service ins A2012-13 amdt 1.34\ndef SEMSOG ins A2010-17 s 52\ndef sensitive information ins A2016-33 s 61\ndef SES sub A2012-13 amdt 1.35\ndef territory agency ins A2021-30 s 61\n\ndef territory controller om A2010-17 s 53\ndef total fire ban ins A2021-30 s 61\ndef volunteer member sub A2006-30 amdt 1.34\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n1 July 2004–\nnot amended new Act and\nmodifications by\nSL2004-26\n19 July 2004–\n31 Aug 2004\nnot amended commenced\nprovisions\n1 Sept 2004\n1 Sept 2004–\n22 Dec 2004\nnot amended commenced\nprovisions\n5 Jan 2005\n23 Dec 2004–\n7 Sept 2005\nnot amended commenced expiry\n8 Sept 2005\n8 Sept 2005–\n23 Nov 2005\nA2005-44 amendments by\nA2005-44\n24 Nov 2005\n24 Nov 2005–\nA2005-56 amendments by\nA2005-56\n1 July 2006–\n15 Nov 2006\nA2006-30 amendments by\nA2006-30\n16 Nov 2006\n16 Nov 2006–\n30 Mar 2008\nA2006-42 amendments by\nA2006-42\n31 Mar 2008\n31 Mar 2008\n25 Aug 2008\nA2007-25 amendments by\nA2007-25\n26 Aug 2008\n26 Aug 2008–\n1 Feb 2009\nA2008-28 amendments by\nA2008-28\n2 Feb 2009\n2 Feb 2009–\n21 Sept 2009\nA2008-37 amendments by\nA2008-37\n22 Sept 2009\n22 Sept 2009–\n16 Dec 2009\nA2009-20 amendments by\nA2009-20\n\n5 Earlier republications\nfor\n17 Dec 2009\n17 Dec 2009–\n27 Apr 2010\nA2009-49 amendments by\nA2009-49\n28 Apr 2010\n28 Apr 2010–\n19 Aug 2010\nA2010-13 amendments by\nA2010-13\n20 Aug 2010\n20 Aug 2010–\nA2010-17 amendments by\nA2010-17\n1 July 2011–\n20 Sept 2011\nA2011-22 amendments by\nA2011-22\n21 Sept 2011\n21 Sept 2011–\n4 Apr 2012\nA2011-28 amendments by\nA2011-28\n5 Apr 2012\n5 Apr 2012–\n11 Apr 2012\nA2012-12 amendments by\nA2012-12\n12 Apr 2012\n12 Apr 2012–\nA2012-13 amendments by\nA2012-13\n14 June 2012–\n10 Nov 2014\nA2012-30 amendments by\nA2012-30\n11 Nov 2015\n11 Nov 2015–\nA2014-50 amendments by\nA2014-50\n3 June 2015–\nA2015-16 amendments by\nA2015-16\n11 June 2015–\n13 Oct 2015\nA2015-16 amendments by\nA2014-59\n14 Oct 2015\n14 Oct 2015–\n31 Mar 2016\nA2015-33 amendments by\nA2015-33\n1 Apr 2016\n1 Apr 2016–\nA2016-13 amendments by\nA2016-13\n21 June 2016–\n15 Nov 2017\nA2016-33 amendments by\nA2016-33\n16 Nov 2017\n16 Nov 2017–\n6 Dec 2018\nA2017-38 amendments by\nA2017-38\n7 Dec 2018\n7 Dec 2018–\nA2018-49 amendments by\nA2018-49\n\nEarlier republications 5\nfor\n21 June 2019–\n31 Jan 2020\nA2019-17 amendments by\nA2019-17\n1 Feb 2020\n1 Feb 2020–\n3 Sept 2020\nA2019-17 amendments by\nA2019-12\n4 Sept 2020\n4 Sept 2020–\n10 Dec 2021\nA2020-47 amendments by\nA2020-47\n11 Dec 2021\n11 Dec 2021–\n5 Apr 2022\nA2021-30 amendments by\nA2021-30\n6 Apr 2022\n6 Apr 2022–\n23 Aug 2022\nA2022-4 amendments by\nA2022-4\n24 Aug 2022\n24 Aug 2022–\n11 Dec 2022\nA2022-14 amendments by\nA2022-14\n12 Dec 2022\n12 Dec 2022–\n26 Nov 2023\nA2022-14 expiry of\ntransitional\nprovisions (ch 12)\n27 Nov 2023\n27 Nov 2023–\nA2023-36 amendments by\nA2023-36\n11 July 2024–\n15 Nov 2025\nA2024-33 amendments by\nA2024-33\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":204}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 2004 focus on simply establishing emergency services and basic fire management. Amendments have added whole new areas: community fire units (2006), bushfire management plans and standards (2014-2016), the ambulance service quality assurance committee (2016), a deputy emergency controller (2020), a recovery coordinator (2021), an emergency operation notice system (2021), the multi-hazard advisory council replacing the bushfire council (2021), and detailed fire permit provisions. The original Act was about 150 pages; the current version is over 200 pages."},"complexity_factors":["Very long Act with 203 sections plus 2 detailed schedules","Extensive dictionary with 60+ defined terms, including signpost definitions to other Acts","Multiple cross-references to the Legislation Act, Criminal Code, Environment Protection Act, and other territory laws","Nested divisions within chapters (e.g., Part 5.6 has three sub-divisions)","Conditional logic for declaring emergencies and exercising emergency powers","Complex formula for calculating the ambulance levy in Schedule 1","Numerous exceptions and exemptions (e.g., sections 63(3), 116(3), 126(2))","Many types of notices (improvement, occupancy, closure) and directions with different legal effects","Different fire response rules for built-up vs rural areas, with overlapping responsibilities","Multiple amendment layers – this is the 38th republication with extensive history"],"plain_english_summary":"The Emergencies Act 2004 is the ACT’s primary framework for preparing for, responding to and recovering from major incidents. It establishes ambulance, fire and rescue, rural fire and SES under a single commissioner, creates alert/emergency declarations that grant government powers to direct movement, property and essential services, and imposes duties on landowners and others to reduce fire risk. It also covers volunteers, funding, recovery coordination and compensation."},"kimi_summary":{"_metrics":{"completionTokens":772},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2004 scope. Major additions include: the emergency controller/deputy emergency controller framework (2010, expanded 2020), the recovery coordinator role (2021), community fire units, emergency services support volunteers, the ambulance service quality assurance committee (2016), and extensive bushfire management planning requirements. The 2021 amendments restructured area concepts (built-up/rural areas) and fire permit systems. The Act now covers far more than basic emergency response — it includes comprehensive prevention, preparedness, recovery coordination, and quality assurance frameworks that were not in the original Act."},"complexity_factors":["Multiple overlapping emergency management frameworks (emergency controller, state of alert, state of emergency, recovery coordinator)","Extensive cross-referencing to the Legislation Act 2001 and other ACT laws","Numerous defined terms (60+ in the dictionary) with layered meanings","Conditional powers that vary by emergency type, location (built-up vs rural), and appointment status","Nested delegations: Chief Minister → emergency controller → heads of entities → officers/contractors","Bushfire management planning requirements with multiple compliance layers (strategic plan, operational plans, standards, directions)","Complex penalty structures varying by season (bushfire season vs non-season) and offence type","Schedule-based provisions including a tax law schedule (ambulance levy) and quality assurance committee schedule","Multiple reviewable decisions with ACAT appeal pathways","Transitionary and modification provisions in endnotes affecting interpretation"],"plain_english_summary":"This is the **ACT Emergencies Act 2004**, the main law governing how the Australian Capital Territory prepares for, responds to, and recovers from emergencies.\n\n**What it does:**\n\n- **Establishes four emergency services**: the Ambulance Service, Fire and Rescue Service (for built-up areas), Rural Fire Service (for rural areas), and the State Emergency Service or SES (for storms, floods and civil defence).\n\n- **Creates the Emergency Services Commissioner** — a senior public servant who coordinates all four services, sets strategic direction, and can direct chief officers during emergencies.\n\n- **Sets up emergency powers** — when a significant emergency occurs, the Chief Minister can appoint an **emergency controller** with extraordinary powers including: directing evacuations, controlling movement of people and vehicles, taking possession of property, shutting off utilities, and requisitioning resources. The Minister can also declare a **state of alert** or the Chief Minister can declare a **state of emergency**.\n\n- **Manages fire prevention and response** — including total fire bans, fire permits, bushfire management plans for landholders, and powers for fire officers to enter premises, issue improvement notices, and require fire safety measures.\n\n- **Protects volunteers** — making it an offence for employers to victimise staff who take time off to respond to emergencies.\n\n- **Creates advisory bodies** — including the Multi-Hazard Advisory Council (for natural hazards advice) and SEMSOG (a senior officials group for coordination across government).\n\n- **Includes an ambulance levy** — a tax on health insurance organisations to help fund ambulance services.\n\n**Who it affects:** Everyone in the ACT — residents, businesses, landholders, and visitors. It imposes duties on rural landholders to prevent fires, requires compliance with fire safety notices, and creates offences for dangerous fire-related activities.\n\n**Why it matters:** This is the legal backbone for how the ACT handles disasters — from bushfires and floods to chemical incidents and pandemics. It balances emergency powers with protections for the community and ensures coordinated response across multiple agencies."}},"importantCases":[],"_links":{"self":"/api/acts/emergencies-act-2004","history":"/api/acts/emergencies-act-2004/history","analysis":"/api/acts/emergencies-act-2004/analysis","conflicts":"/api/acts/emergencies-act-2004/conflicts","importantCases":"/api/acts/emergencies-act-2004/important-cases","documents":"/api/acts/emergencies-act-2004/documents"}}