{"id":"sl-2004-26","name":"Emergencies Regulation 2004","slug":"emergencies-regulation-2004","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"26 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173358,"registerId":"act-sl-2004-26-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Emergencies Regulation 2004","content":"Australian Capital Territory\nEmergencies Regulation 2004\nSL2004-26\nmade under the\nEmergencies Act 2004\nRepublication No 6\nEffective: 21 June 2016\nRepublication date: 21 June 2016\nLast amendment made by A2016-33\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Emergencies Regulation 2004, made under the Emergencies Act\n2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial\nchanges)) as in force on 21 June 2016. It also includes any commencement, amendment, repeal\nor expiry affecting this republished law to 21 June 2016.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $150 for\nan individual and $750 for a corporation (see Legislation Act 2001, s 133).\n\nR6\n21/06/16\nEmergencies Regulation 2004\nEffective: 21/06/16\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nEmergencies Regulation 2004\nmade under the\nEmergencies Act 2004\nContents\nPage\n1 Name of regulation 2\n2 Dictionary 2\n3 Notes 2\n4 Offences against regulation—application of Criminal Code etc 2\n5 Prescribed fires—Act, s 116 (3) (d) 3\n5A Exempt high risk activity—Act, s 116A (3) (c) 4\n6 Steam engines 5\n7 Internal-combustion engines 6\n8 Attendance by fire and rescue service members at public events 6\n9 Exempt contributions—Act, sch 1, s 1.2 (2) (a) 7\n\nContents\nPage\ncontents 2 Emergencies Regulation 2004\nEffective: 21/06/16\nR6\n21/06/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary 8\nEndnotes\n1 About the endnotes 9\n2 Abbreviation key 9\n3 Legislation history 10\n4 Amendment history 10\n5 Earlier republications 12\n\nR6\n21/06/16\nEmergencies Regulation 2004\nEffective: 21/06/16\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nEmergencies Regulation 2004\nmade under the\nEmergencies Act 2004\n\nSection 1\npage 2 Emergencies Regulation 2004\nEffective: 21/06/16\nR6\n21/06/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Emergencies Regulation 2004.\n2 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation.\nNote 2 A definition in the dictionary applies to the entire regulation unless the\ndefinition, or another provision of the regulation, provides otherwise or\nthe contrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n3 Notes\nA note included in this regulation is explanatory and is not part of\nthis regulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of\nnotes.\n4 Offences against regulation—application of Criminal\nCode etc\nOther legislation applies in relation to offences against this\nregulation.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this regulation\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms\nused for 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\nSection 5\nR6\n21/06/16\nEmergencies Regulation 2004\nEffective: 21/06/16\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Prescribed fires—Act, s 116 (3) (d)\n(1) Each of the following is a prescribed fire:\n(a) a fire lit, maintained or used at a factory if—\n(i) the fire is lit, maintained or used in a building or other\nstructure; and\n(ii) reasonable steps have been taken to prevent the escape\nfrom the building or structure of the fire or material from\nthe fire;\n(b) a fire lit, maintained or used under the authority of any entity\nin relation to the repair or maintenance of services or\nequipment essential for continuing or restoring transport or\ncommunication, or a supply of heat, light, power, water or\nsewerage, if—\n(i) the emergency services commissioner has been given\nnotice of the intention to light, maintain or use the fire;\nand\n(ii) reasonable steps have been taken to prevent the escape\nfrom the place where the fire is lit, maintained or used of\nthe fire or material from the fire;\n(c) a fire lit, maintained or used on any land for an electric or gas\nheating appliance to cook food or heat liquids if, while the\nappliance is in use—\n(i) the appliance is under the direct control of a responsible\nadult; and\n(ii) an area around the appliance of at least 3m is cleared of\nflammable material; and\n(iii) a fire-extinguisher or a continuous stream of water is\navailable for use;\n\nSection 5A\npage 4 Emergencies Regulation 2004\nEffective: 21/06/16\nR6\n21/06/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) a fire lit, maintained or used to allow a hot-air balloon to\nbecome or stay airborne or to control the descent of the balloon\nif—\n(i) the balloon is under the direct control of a responsible\nperson; and\n(ii) an area of at least 3m around the balloon is cleared of\nflammable material before the fire is lit; and\n(iii) a fire-extinguisher or a continuous stream of water is\navailable for use.\n(2) In this section:\nmaterial, from a fire, includes sparks or incandescent material from\nthe fire.\n5A Exempt high risk activity—Act, s 116A (3) (c)\nEach of the following is an exempt high risk activity:\n(a) a high risk activity at a factory if—\n(i) the activity is undertaken in a building or other structure;\nand\n(ii) reasonable steps have been taken to prevent the escape of\nfire or material that is likely to generate fire from the\nbuilding or structure;\n(b) a high risk activity undertaken under the authority of any entity\nin relation to the repair or maintenance of services or\nequipment essential for continuing or restoring transport or\ncommunication, or a supply of heat, light, power, water or\nsewerage, if—\n(i) the emergency services commissioner has been given\nnotice of the intention to undertake the activity; and\n\nSection 6\nR6\n21/06/16\nEmergencies Regulation 2004\nEffective: 21/06/16\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) reasonable steps have been taken to prevent the escape of\nfire or material that is likely to generate fire from the\nplace where the activity is undertaken.\n6 Steam engines\n(1) The owner of a steam engine commits an offence if the owner fails\nto install and maintain effective spark arrestors and sound ashpans\nto the engine.\nMaximum penalty:\n(a) if the offence is committed in the bushfire season—20 penalty\nunits; and\n(b) in any other case—10 penalty units.\n(2) A person in charge of a steam engine commits an offence if, before\nthe person leaves the engine, the person does not extinguish any live\ncoals that have dropped from the engine.\nMaximum penalty:\n(a) if the offence is committed in the bushfire season—20 penalty\nunits; and\n(b) in any other case—10 penalty units.\n(3) A person in charge of a steam engine commits an offence if the\nperson does not take adequate steps to stop live coals dropping from\nthe engine after the person leaves the engine.\nMaximum penalty:\n(a) if the offence is committed in the bushfire season—20 penalty\nunits; and\n(b) in any other case—10 penalty units.\n(4) This section does not apply if the steam engine is used only for\ndisplay purposes that do not involve its operation.\n(5) An offence against this section is a strict liability offence.\n\nSection 7\npage 6 Emergencies Regulation 2004\nEffective: 21/06/16\nR6\n21/06/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) In this section:\nbushfire season—see the Act, section 119.\n7 Internal-combustion engines\n(1) A person commits an offence if the person uses an\ninternal-combustion engine that is not fitted with an effective spark\narrestor.\nMaximum penalty:\n(a) if the offence is committed in the bushfire season—20 penalty\nunits; and\n(b) in any other case—10 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) In this section:\nbushfire season—see the Act, section 119.\n8 Attendance by fire and rescue service members at public\nevents\n(1) This section applies to public entertainment or a public meeting if\nthe chief officer (fire and rescue service) considers that because of\nthe nature of the entertainment or meeting, or the decorations,\nappliances or lighting used at the entertainment or meeting, the\nattendance of the fire and rescue service is needed.\n(2) The chief officer (fire and rescue service) may direct 1 or more\nmembers of the fire and rescue service to attend all or part of the\nentertainment or meeting.\nNote A fee may be determined under the Act, s 201 for the attendance.\n\nSection 9\nR6\n21/06/16\nEmergencies Regulation 2004\nEffective: 21/06/16\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Exempt contributions—Act, sch 1, s 1.2 (2) (a)\nThe following classes of people are prescribed:\n(a) people holding 1 or more of the following cards given to them\nby the Commonwealth:\n(i) a health care card;\n(ii) a pensioner concession card;\n(iii) a pharmaceutical benefits concession card;\n(b) people who are service pensioners within the meaning of the\nVeterans’ Entitlements Act 1986 (Cwlth);\n(c) people living permanently outside the ACT.\n\nDictionary\npage 8 Emergencies Regulation 2004\nEffective: 21/06/16\nR6\n21/06/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n adult\n offence\n penalty unit (see s 133).\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Emergencies Act 2004 (see Legislation Act, s 148). For example,\nthe following terms are defined in the Emergencies Act 2004,\ndictionary:\n bushfire season\n chief officer (fire and rescue service).\nfactory means a building or other place where goods are\nmanufactured or repaired in the course of carrying on a trade or\nbusiness.\n\nEndnotes\nAbout the endnotes 1\nR6\n21/06/16\nEmergencies Regulation 2004\nEffective: 21/06/16\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\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\nlaw but 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\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined 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\nEndnotes\n3 Legislation history\npage 10 Emergencies Regulation 2004\nEffective: 21/06/16\nR6\n21/06/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was originally the Emergencies Regulations 2004. It was\nrenamed under the Legislation Act 2001.\nEmergencies Regulation 2004 SL2004-26\nnotified LR 30 June 2004\ns 1, s 2 commenced 30 June 2004 (LA s 75 (1))\nremainder commenced 1 July 2004 (s 2 and see Emergencies Act\n2004 A2004-28, s 2 (1) and CN2004-11)\nas amended by\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.35\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.35 commenced 12 April 2007 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2012\nA2012-13 sch 1 pt 1.6\nnotified LR 11 April 2012\ns 1, s 2 commenced 11 April 2012 (LA s 75 (1))\nsch 1 pt 1.6 commenced 12 April 2012 (s 2 (1))\nEmergencies Amendment Act 2016 A2016-33 sch 1 pt 1.8\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nsch 1 pt 1.8 commenced 21 June 2016 (s 2)\n4 Amendment history\nName of regulation\ns 1 am R2 LA\nDictionary\ns 2 om LA s 89 (4)\nins A2016-33 amdt 1.18\nPrescribed fires—Act, s 116 (3) (d)\ns 5 am A2007-3 amdt 3.179; A2016-33 amdt 1.19\nExempt high risk activity—Act, s 116A (3) (c)\ns 5A ins A2016-33 amdt 1.20\nAttendance by fire and rescue service members at public events\ns 8 sub A2012-13 amdt 1.38; A2016-33 amdt 1.21\n\nEndnotes\nAmendment history 4\nR6\n21/06/16\nEmergencies Regulation 2004\nEffective: 21/06/16\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nModification of Act, ch 11—Act, s 215 (2)\ns 10 exp 22 December 2004 (see A2004-28, s 211 (1), s 217 and\nNI2004-486)\nModification of Act, ch 11\nsch 1 exp 22 December 2004 (see A2004-28, s 211 (1), s 217 and\nNI2004-486)\nDictionary\ndict ins A2016-33 amdt 1.22\ndef factory ins A2016-33 amdt 1.22\n\nEndnotes\n5 Earlier republications\npage 12 Emergencies Regulation 2004\nEffective: 21/06/16\nR6\n21/06/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\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\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 July 2004\n1 July 2004–\n1 Nov 2004\nnot amended new regulation\nR2\n2 Nov 2004\n2 Nov 2004–\n22 Dec 2004\nnot amended editorial\namendments under\nLegislation Act\nR3\n23 Dec 2004\n23 Dec 2004–\n11 Apr 2007\nnot amended commenced expiry\nR4\n12 Apr 2007\n12 Apr 2007–\n11 Apr 2012\nA2007-3 amendments by\nA2007-3\nR5\n12 Apr 2012\n12 Apr 2012–\n21 June 2016\nA2012-13 amendments by\nA2012-13\n© Australian Capital Territory 2016","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation appears to have maintained its original scope as a technical implementation of the Emergencies Act 2004. The amendments shown in the history (2007, 2012, 2016) appear to be incremental updates—adding specific exemptions (section 5A for high-risk activities), updating the dictionary, and modifying event attendance provisions—rather than significant expansions beyond the original purpose of setting detailed fire safety rules and exemptions."},"complexity_factors":["Short length (9 substantive sections plus dictionary)","Minimal cross-referencing (primarily references back to the parent Emergencies Act 2004 for definitions like 'bushfire season' and 'chief officer')","Simple conditional structure (mostly 'if-then' requirements without nested exceptions)","Only 1 defined term in the regulation itself ('factory'), with other terms imported from the parent Act","Clear penalty structure with straightforward tiered penalties based on timing (bushfire season vs other times)","Straightforward strict liability offences (no complex mental state requirements to prove)"],"plain_english_summary":"This regulation sets out detailed fire-safety and emergency-management rules in the ACT, supplementing the Emergencies Act 2004. It specifies when fires and high-risk activities may proceed without permits (eg, contained industrial fires, essential utility repairs, supervised cooking, hot-air balloons), requires spark arrestors and ash controls for steam and combustion engines, allows fire service attendance at public events (possibly for a fee), and lists certain fee exemptions. It chiefly affects factory operators, engine and balloon users, event organisers, concession-holders, veterans and non-residents."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation's scope has been amended since first made: prescribed‑fire rules were updated (s 5 amended by A2007‑3 and A2016‑33), an exempt high‑risk activity provision was inserted (s 5A by A2016‑33), attendance powers for fire and rescue were substituted/updated (s 8 sub A2012‑13 and A2016‑33), and the Dictionary was expanded (factory defined, dict ins A2016‑33). These amendments broaden and clarify exemptions, administrative notice obligations and enforcement provisions compared with the original regulation (see Amendment History and Endnotes)."},"complexity_factors":["Cross‑references to other laws and instruments (Emergencies Act 2004, Criminal Code, Legislation Act) create dependence on external definitions and concepts (see s 4 and Dictionary).","Multiple strict‑liability offences with tiered penalties depending on 'bushfire season' increase legal risk and require operators to meet objective standards (see ss 6–7).","Differentiated penalties and penalty‑unit values introduce administrative calculation and cost exposure (ss 6–7; republication notes on penalty unit values).","Operational compliance requirements are technical (spark arrestors, ashpans, 3 m clearances, fire‑extinguishers, extinguishing coals), raising equipment and behavioural burdens on users (ss 5, 6, 7).","Delegated discretion to the chief officer to direct attendance at events creates operational uncertainty and potential fees for organisers (s 8).","Notice requirements to the emergency services commissioner for certain repair/maintenance activities create administrative steps for utilities and contractors (s 5(b), s 5A(b)).","Reliance on defined terms in the Dictionary and the parent Act means scope depends on external definitions (s 2; Dictionary).","Amendment history (A2007‑3, A2012‑13, A2016‑33) shows iterative changes that affect interpretation and application (endnotes and amendment history)."],"plain_english_summary":"Mechanically, this regulation prescribes which fires and high‑risk activities are treated as permitted or exempt, sets safety and notification duties (including 3 m clearances, extinguishing dropped coals, spark arrestors) and penalties, authorises the chief officer to require fire and rescue attendance at public events, and lists classes exempt from contribution fees (see ss 5, 5A, 6–9). It affects factory operators, utility repair crews, engine and balloon operators, event organisers and certain concession‑card holders by creating strict‑liability offences, penalty‑unit costs and administrative notice/compliance burdens."}},"importantCases":[],"_links":{"self":"/api/acts/emergencies-regulation-2004","history":"/api/acts/emergencies-regulation-2004/history","analysis":"/api/acts/emergencies-regulation-2004/analysis","conflicts":"/api/acts/emergencies-regulation-2004/conflicts","importantCases":"/api/acts/emergencies-regulation-2004/important-cases","documents":"/api/acts/emergencies-regulation-2004/documents"}}