{"id":"emergency-management-act-2004","name":"Emergency Management Act 2004","slug":"emergency-management-act-2004","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31966,"registerId":"sa-emergency-management-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Emergency Management Act 2004","content":"South Australia\nEmergency Management Act 2004\nAn Act to establish strategies and systems for the management of emergencies in the State; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tObjects and guiding principles\n3\tInterpretation\n4\tApplication of Act\n5\tInteraction with other Acts\nPart 1A—State Emergency Management Plan\n5A\tState Emergency Management Plan\nPart 2—State Emergency Management Committee\n6\tEstablishment of State Emergency Management Committee\n7\tApplication of Public Sector (Honesty and Accountability) Act\n9\tFunctions and powers of SEMC\n11\tEstablishment of advisory groups by SEMC\n12\tDelegation\n13\tAnnual report by SEMC\nPart 3—The State Co-ordinator\n14\tAppointment of State Co-ordinator\n15\tFunctions of State Co-ordinator \n16\tAssistant State Co-ordinators\n17\tAuthorised officers\n18\tDelegation\nPart 3A—The State Recovery Co-ordinator\n18A\tAppointment of State Recovery Co-ordinator\n18B\tFunctions of State Recovery Co-ordinator\nPart 4—The management of emergencies\nDivision 1—Co-ordinating agency\n19\tCo-ordinating agency\nDivision 2—Control agency\n20\tControl agency\nDivision 3—Declarations\n21\tPublication of guidelines\n21A\tState of alert\n22\tIdentified major incidents\n23\tMajor emergencies\n24\tDisasters\n24A\tPublic health incidents and emergencies\nDivision 4—Powers\n24B\tPower to require information or documents\n25\tGeneral powers of State Co-ordinator and authorised officers\n25AA\tFees relating to quarantine during declared emergencies\n26\tSupply of gas or electricity\n26AA\tInteraction with Division 6\n26A\tModification of Controlled Substances Act\n26AB\tModification of procedural requirements\n26AC\tPublic sector mobilisation\n26B\tNo obligation on persons to maintain secrecy\nDivision 5—Recovery operations\n27\tRecovery operations\nDivision 6—Electricity supply emergencies\n27A\tInterpretation\n27B\tMinister may declare electricity supply emergency\n27C\tMinister's power to give directions\n27D\tMinister's power to use or require information\n27E\tObligation to preserve confidentiality\n27F\tManner of giving directions or requirements\n27G\tDelegation\n27H\tInquiries relating to electricity supply emergencies etc\nPart 5—Offences\n28\tFailure to comply with directions\n28A\tOffences against Part 4 Division 6\n29\tObstruction\n30\tImpersonating an authorised officer etc\n31\tDisclosure of information\n31A\tConfidentiality\nPart 6—Miscellaneous\n32\tProtection from liability\n32A\tProtection from liability—COVID-19\n33\tEmployment\n33A\tVictimisation\n34\tEvidentiary\n36\tInsurance policies to cover damage\n37\tState Emergency Relief Fund\n38\tRegulations\nSchedule 1—Transitional provisions\nPart 3—Transitional provisions\n7\tContinuation of State Disaster Plan\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Emergency Management Act 2004.\n2—Objects and guiding principles\n\t(1)\tThe objects of this Act are—\n\t(a)\tto establish an emergency management framework for the State that—\n\t(i)\tpromotes prompt and effective decision‑making associated with emergencies; and\n\t(ii)\tmakes provision for comprehensive and integrated planning in relation to emergencies; and\n\t(b)\tto promote community resilience and reduce community vulnerability in the event of an emergency.\n\t(2)\tThe objects of this Act are to be achieved through—\n\t(a)\testablishing the State Emergency Management Committee; and\n\t(b)\tproviding for the appointment of a State Co-ordinator and a State Recovery Co‑ordinator; and\n\t(c)\tthe preparation, review and maintenance of the State Emergency Management Plan; and\n\t(d)\tmaking provision for declarations relating to emergencies and disasters; and\n\t(da)\tmaking provision for declarations relating to electricity supply emergencies; and\n\t(e)\testablishing structures for risk prevention and preparedness; and\n\t(f)\testablishing structures to support a seamless transition from response to recovery in relation to an emergency.\n\t(3)\tThe guiding principles under this Act are that emergency management arrangements must—\n\t(a)\tbe based on an all hazards approach in addressing emergency prevention, preparedness, response and recovery (PPRR); and\n\t(b)\thave regard to the particular needs of persons at risk in an emergency; and\n\t(ba)\treflect the collective responsibility of all sectors of the community, including both State and local government, the business and non‑government sectors, and individuals to—\n\t(i)\ttake appropriate steps to protect against, prepare for and mitigate the impact of emergencies; and\n\t(ii)\tfacilitate response and recovery operations; and\n\t(c)\trecognise that effective arrangements require a co-ordinated approach from all sectors of the community, including both State and local government, volunteers, the business and non‑government sectors, and individuals.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nAssistant State Co-ordinator—see section 16;\nauthorised officer means the State Recovery Co‑ordinator, a police officer or a person appointed as an authorised officer under section 17;\nChief Public Health Officer means the Chief Public Health Officer under the South Australian Public Health Act 2011 and includes a person for the time being acting in that position;\ncontrol agency—see section 20;\nco-ordinating agency—see section 19;\ndisaster—see section 24;\nelectricity supply emergency—see section 27B;\nemergency means an event (whether occurring in the State, outside the State or in and outside the State) that causes, or threatens to cause—\n\t(a)\tthe death of, or injury or other damage to the health of, any person; or\n\t(b)\tthe destruction of, or damage to, any property; or\n\t(c)\ta disruption to essential services or to services usually enjoyed by the community; or\n\t(d)\tharm to the environment, or to flora or fauna;\nNote—\nThis is not limited to naturally occurring events (such as earthquakes, floods or storms) but would, for example, include fires, explosions, accidents, epidemics, pandemics, emissions of poisons, radiation or other hazardous agents, hijacks, sieges, riots, acts of terrorism and hostilities directed by an enemy against Australia.\nidentified major incident—see section 22;\nmajor emergency—see section 23;\nPPRR—see section 2(3)(a);\npreparedness, in relation to an emergency, means arrangements made to ensure that, should an emergency occur, the resources and services needed to cope with the effect of the emergency can be mobilised and deployed efficiently;\nprevention, in relation to an emergency, means measures taken to eliminate or reduce the incidence of severity of the emergency;\nrecovery operations means the conduct of any measures (such as human, economic and environmental measures) taken during or after an emergency, being measures necessary to assist the re‑establishment of the normal pattern of life of individuals, families and communities affected by the emergency and includes—\n\t(a)\tthe restoration of essential facilities and services; and\n\t(b)\tthe restoration of other facilities, services and social networks necessary for the normal functioning of a community; and\n\t(c)\tthe provision of information, material and personal needs; and\n\t(d)\tthe provision of means of emotional support; and\n\t(e)\tthe recovery of the natural environment; and\n\t(f)\tsupport to assist the recovery of business;\nresponse operations means any measures taken in anticipation of, during or immediately after an emergency to ensure that the effect of the emergency is minimised and that affected individuals are given immediate relief and support;\nSEMC means the State Emergency Management Committee established under Part 2;\nSEMC guidelines means the SEMC guidelines as prepared and published by the Minister from time to time under section 6;\nState Co-ordinator—see section 14;\nState Emergency Management Plan or SEMP—see Part 1A;\nstate of alert—see section 21A;\nState Recovery Co-ordinator—see section 18A;\nvehicle includes an aircraft or vessel.\n4—Application of Act\n\t(1)\tIt is the intention of the Parliament that this Act apply within the State and outside the State to the full extent of the extra‑territorial legislative capacity of the Parliament.\n\t(2)\tThis Act does not authorise the taking of measures to bring an industrial dispute to an end or to control civil disorders (not being civil disorders resulting from, and occurring during the continuance of, a declared major emergency or disaster).\n5—Interaction with other Acts\n\t(1)\tSubject to this section, this Act is in addition to and does not limit, or derogate from, the provisions of any other Act.\n\t(2)\tWhere the provisions of this Act are inconsistent with any other Act or law, this Act prevails to the extent of the inconsistency.\n\t(3)\tDespite any other Act or law, no obligation to maintain secrecy or other restriction on the disclosure of information under another Act or law applies for the purposes of complying with a requirement or direction of the State Co‑ordinator, the State Recovery Co‑ordinator or an authorised officer given in accordance with Part 4 of this Act.\nPart 1A—State Emergency Management Plan\n5A—State Emergency Management Plan\n\t(1)\tSEMC must prepare, keep under review and maintain the State Emergency Management Plan (SEMP) which must detail strategies for dealing with emergencies in the State, including strategies—\n\t(a)\tfor the prevention of emergencies; and\n\t(b)\trelating to preparedness for emergencies; and\n\t(c)\tfor the containment of emergencies; and\n\t(d)\tfor the co-ordination of response and recovery operations; and\n\t(e)\tfor the orderly and efficient deployment of resources and services in connection with response and recovery operations.\n\t(2)\tThe SEMP may be comprised of 1 plan or a series of plans and may relate to all sectors of the community, including both State and local government, the business and non‑government sectors, and individuals.\n\t(3)\tWithout limiting the generality of subsection (1), the SEMP may make provision for—\n\t(a)\tthe establishment of a committee to provide a forum to plan for and address emergency management (PPRR) training and other requirements for organisations; and\n\t(b)\tthe appointment of a specified agency to take the lead in planning emergency management activities for inclusion in the SEMP relating to the prevention of, preparedness for, response to and recovery from a particular hazard; and\n\t(c)\tthe division of the State into zones (Emergency Management Zones) (which may be comprised of 1 or more, or a part of 1 or more, areas of a council and any other area of the State); and\n\t(d)\tfor each Emergency Management Zone—the establishment of a management committee with responsibility for preparing, keeping under review and maintaining local planning for the Zone for the purposes of the SEMP; and\nNote—\nSee also section 7(d) of the Local Government Act 1999 which provides that 1 of the functions of a council is to take measures to protect its area from natural and other hazards and to mitigate the effects of such hazards.\n\t(e)\tthe appointment of a co-ordinator for each Emergency Management Zone; and\n\t(f)\tthe designation of specified locations for the purposes of the SEMP; and\n\t(g)\tany other matter consistent with the objects and guiding principles of this Act that should, in the opinion of SEMC, be included in the SEMP.\n\t(4)\tThe SEMP must include strategies of a kind referred to in subsection (1) relating to emergencies that cause, or threaten to cause, damage to marine environments, including marine flora and fauna.\nPart 2—State Emergency Management Committee\n6—Establishment of State Emergency Management Committee\n\t(1)\tThe State Emergency Management Committee (SEMC) is established.\n\t(2)\tSEMC consists of—\n\t(a)\tthe presiding member, being the person for the time being holding or acting in the position of chief executive of the administrative unit that has, subject to the Minister, responsibility for administering this Act; and\n\t(b)\tthe State Co‑ordinator; and\n\t(c)\tsuch other persons specified in, or appointed in accordance with, the SEMC guidelines.\n\t(3)\tThe Minister must prepare, and publish on a website determined by the Minister, the SEMC guidelines.\n\t(4)\tThe SEMC guidelines—\n\t(a)\tmust provide for—\n\t(i)\tthe membership of SEMC for the purposes of subsection (2)(c); and\n\t(ii)\tthe terms and conditions under which members will hold office and may be removed from office; and\n\t(iii)\tthe appointment and removal of deputy members and the circumstances in which deputy members may act; and\n\t(iv)\tany other prescribed matters; and\n\t(b)\tmay make provision with respect to—\n\t(i)\tthe manner in which proceedings of SEMC are to be conducted; and\n\t(ii)\tany other matters determined by the Minister.\n\t(5)\tThe procedures to be observed in relation to the conduct of the business of the SEMC will be—\n\t(a)\tas specified in the SEMC guidelines; or\n\t(b)\tinsofar as the procedure is not specified in the SEMC guidelines—as determined by the SEMC.\n\t(6)\tAn act or proceeding of SEMC is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n7—Application of Public Sector (Honesty and Accountability) Act\nThe Public Sector (Honesty and Accountability) Act 1995 applies to the members of SEMC as if the committee were an advisory body and the Minister responsible for the administration of this Act were the relevant Minister.\n9—Functions and powers of SEMC\n\t(1)\tSEMC has the following functions:\n\t(a)\tto provide leadership and maintain oversight of emergency management planning in the State;\n\t(b)\tto prepare and keep under review the SEMP;\n\t(c)\tto provide advice to the Minister in relation to the operation of this Act and the management of emergencies in the State;\n\t(d)\tto undertake risk assessments relating to emergencies or potential emergencies where SEMC thinks fit or where requested by the Minister;\n\t(e)\tto ensure that agencies and organisations with functions under the SEMP are aware of those functions and are provided with adequate information for the purpose of understanding and carrying out those functions;\n\t(f)\tto monitor and evaluate the capacity of agencies and organisations with functions under the SEMP to properly carry out those functions;\n\t(g)\tto co-ordinate the development and implementation of strategies and policies relating to emergency management (including strategies and policies developed at a national level and agreed to by the State);\n\t(h)\tto monitor and evaluate the implementation of the SEMP and the response and recovery operations taken during or following—\n\t(ai)\ta state of alert declared under this Act; and\n\t(i)\tany identified major incident, major emergency or disaster declared under this Act; and\n\t(ii)\tany other emergency as SEMC thinks fit;\n\t(i)\tto perform any other functions assigned to SEMC by this Act or by the Minister.\n\t(2)\tSEMC may, for the purposes of preparing and implementing the State Emergency Management Plan—\n\t(a)\tcreate such offices as it thinks fit and appoint persons to those offices; and\n\t(b)\tassign additional functions to the State Co-ordinator and, with the approval of the State Co-ordinator, assign functions to any Assistant State Co-ordinators.\n11—Establishment of advisory groups by SEMC\n\t(1)\tSEMC may, at any time, establish advisory groups—\n\t(a)\tto advise SEMC on any matter; or\n\t(b)\tto carry out functions on behalf of SEMC.\n\t(3)\tThe membership of an advisory group will be determined by SEMC and may, but need not, consist of, or include, members of SEMC.\n\t(4)\tSEMC will determine who will be the presiding member of an advisory group.\n\t(5)\tThe procedures to be observed in relation to the conduct of the business of an advisory group will be—\n\t(a)\tas determined by SEMC; and\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the advisory group.\n12—Delegation\n\t(1)\tSEMC may delegate any of its functions or powers under this Act—\n\t(a)\tto a member of SEMC; or\n\t(b)\tto an advisory group established by SEMC; or\n\t(c)\tto the person for the time being holding or acting in a particular office or position; or\n\t(d)\tto any other person or body.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of SEMC to act in any matter; and\n\t(d)\tis revocable at will by SEMC.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n13—Annual report by SEMC\n\t(1)\tSEMC must, on or before 30 September in each year, present a report to the Minister on the operations of SEMC during the preceding financial year.\n\t(2)\tThe Minister must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before both Houses of Parliament.\nPart 3—The State Co-ordinator\n14—Appointment of State Co-ordinator\nThe person for the time being holding or acting in the position of Commissioner of Police is appointed as the State Co-ordinator.\n15—Functions of State Co-ordinator \nThe State Co-ordinator has the following functions:\n\t(a)\tto manage and co-ordinate response and recovery operations in accordance with this Act and the SEMP;\n\t(b)\tif a state of alert or an identified major incident, a major emergency or a disaster is declared under this Act—to ensure SEMC is provided with adequate information in order to fulfill its monitoring functions under this Act;\n\t(c)\tto carry out other functions assigned to the State Co-ordinator under this Act.\n16—Assistant State Co-ordinators\n\t(1)\tThe State Co-ordinator may, at any time, appoint one or more Assistant State Co‑ordinators to exercise powers and functions under this Act in relation to—\n\t(a)\tspecific parts of the State; or\n\t(b)\tspecific types of hazards; or\n\t(c)\tspecific events.\n\t(3)\tAn Assistant State Co-ordinator will be appointed for such term and on such conditions as the State Co-ordinator may determine.\n\t(4)\tAn Assistant State Co-ordinator has the functions and powers delegated to the Assistant Co-ordinator by the State Co-ordinator or assigned to the Assistant Co‑ordinator by SEMC with the approval of the State Co-ordinator.\n17—Authorised officers\n\t(1)\tThe State Co-ordinator may appoint, individually or by class, such persons to be authorised officers for the purposes of this Act as the State Co-ordinator thinks fit.\n\t(1a)\tAn appointment under subsection (1) may be subject to conditions specified by the State Co-ordinator.\n\t(2)\tAn authorised officer, other than a police officer, must, as soon as practicable, be issued with an identity card in a form approved by the State Co-ordinator—\n\t(a)\tcontaining the person's name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised officer for the purposes of this Act.\n\t(3)\tAn authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this Act, produce for the inspection of the person—\n\t(a)\tin the case of an authorised officer who is a police officer and is not in uniform—their certificate of authority; or\n\t(b)\tin the case of an authorised officer who is not a police officer—their identity card, if one has been issued in accordance with subsection (2) or, if such an identity card has not yet been issued, with such other proof of the person's appointment as an authorised officer as the State Co‑ordinator may determine.\n\t(4)\tAn authorised officer must, on ceasing to be an authorised officer for any reason, surrender their identity card and any insignia or special apparel or equipment issued to the authorised officer for the purposes of this Act to the State Co-ordinator or a person nominated by the State Co-ordinator.\nMaximum penalty: $1 250.\n18—Delegation\n\t(1)\tThe State Co-ordinator may delegate any functions or powers under this Act—\n\t(a)\tto the State Recovery Co‑ordinator or an Assistant State Co-ordinator; or\n\t(b)\tto the person for the time being holding or acting in a particular office or position; or\n\t(c)\tto any other person or body.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the State Co-ordinator to act in any matter; and\n\t(d)\tis revocable at will by the State Co-ordinator.\nPart 3A—The State Recovery Co-ordinator\n18A—Appointment of State Recovery Co-ordinator\n\t(1)\tThere will be a position of State Recovery Co-ordinator.\n\t(2)\tThe Minister will make an appointment to the position of State Recovery Co‑ordinator after consultation with the State Co‑ordinator.\n\t(3)\tA person appointed as the State Recovery Co‑ordinator must have qualifications or experience relevant to the conduct of recovery operations, determined by the Minister to be suitable for the purposes of appointment to the position of State Recovery Co‑ordinator.\n\t(4)\tThe terms on which a person is appointed to the position of State Recovery Co‑ordinator will be determined by the Minister.\n\t(5)\tThe position of State Recovery Co‑ordinator may be held by a member of the Public Service.\n\t(6)\tThe State Recovery Co‑ordinator is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.\n18B—Functions of State Recovery Co-ordinator\nThe State Recovery Co-ordinator has the following functions:\n\t(a)\tduring an emergency—to assist the State Co‑ordinator in managing and co-ordinating recovery operations in accordance with this Act and the SEMP;\n\t(b)\tafter the cessation of an emergency—to lead recovery operations in accordance with this Act and the SEMP;\n\t(c)\tto carry out other functions assigned to the State Recovery Co‑ordinator by the Minister or by regulations under this Act.\nPart 4—The management of emergencies\nDivision 1—Co-ordinating agency\n19—Co-ordinating agency\n\t(1)\tSubject to subsection (2), South Australia Police will be the co-ordinating agency for all emergencies.\n\t(2)\tThe SEMP may designate a different body or organisation as the co-ordinating agency in relation to an emergency of a specified kind.\n\t(3)\tThe co-ordinating agency has the following functions in relation to an emergency:\n\t(a)\tto consult with the relevant control agency and take action to facilitate the exercise by the control agency of functions or powers in relation to the emergency; and\n\t(b)\tto determine whether other agencies should be notified of the emergency or called to any place to deal with the emergency or otherwise asked to take action in relation to the emergency; and\n\t(c)\tto advise the State Co-ordinator, in accordance with any requirements of the State Co-ordinator, in relation to the emergency; and\n\t(d)\tto exercise any other functions assigned to the co-ordinating agency under this Act or the SEMP.\nDivision 2—Control agency\n20—Control agency\n\t(1)\tSubject to subsection (2), the control agency in relation to an emergency will be determined as follows:\n\t(a)\tif, under an Act or law or the SEMP, a particular person or agency is assigned the function of exercising control of persons and agencies involved in response operations relating to such an emergency then that person or agency is the control agency for that emergency;\n\t(b)\tif, under an Act or law or the SEMP—\n\t(i)\t2 or more persons or agencies are assigned the function of exercising control of persons and agencies involved in response operations relating to such an emergency; or\n\t(ii)\tit is unclear which person or agency is assigned that function in relation to such an emergency; or\n\t(iii)\tno person or agency is assigned that function in relation to such an emergency,\nthen the control agency for that emergency will be a person or agency determined by the co-ordinating agency.\n\t(2)\tDespite any other Act or law, where the senior police officer involved in response operations in relation to an emergency forms a reasonable suspicion that the emergency has resulted from, or is related to, a terrorist act, South Australia Police will be the control agency in relation to the emergency.\n\t(3)\tExcept as otherwise provided by this Act, all other persons and agencies involved in response operations in relation to an emergency are, in carrying out those operations, subject to the control of the control agency.\n\t(4)\tIn this section—\nterrorist act has the same meaning as in the Terrorism (Commonwealth Powers) Act 2002.\nDivision 3—Declarations\n21—Publication of guidelines\nSEMC may publish guidelines setting out circumstances in which a state of alert should be declared or in which an emergency should be declared, under this Division, to be an identified major incident, a major emergency or a disaster.\n21A—State of alert\n\t(1)\tIf it appears to the State Co-ordinator that—\n\t(a)\tan emergency that could be the subject of a declaration under another provision of this Division is likely to occur, or is likely to occur if steps are not taken to prevent it, and it is necessary or desirable to exercise powers under Division 4 in order to facilitate appropriate response operations; or\n\t(b)\tan emergency that has been the subject of a declaration under another provision of this Division is ending and it is necessary or desirable to exercise powers under Division 4 in order to facilitate appropriate response and recovery operations,\nthe State Co-ordinator may declare a state of alert in relation to the emergency.\n\t(2)\tA declaration under this section—\n\t(a)\tmust be in writing and published in a manner and form determined by the Minister; and\n\t(b)\tremains in force for the period specified in the declaration (which must not exceed 14 days) and for such further periods (which may be of any length) as may be approved by the Governor.\n\t(3)\tThe State Co-ordinator may, at any time, revoke a declaration under this section.\n\t(4)\tA declaration under this section is taken to have been revoked if a declaration is made under another provision of this Division in relation to the emergency.\n22—Identified major incidents\n\t(1)\tIf it appears to the State Co-ordinator that the nature or scale of an emergency that has occurred, is occurring or is about to occur is such that it should be declared to be an identified major incident, the State Co-ordinator may declare the emergency to be an identified major incident.\n\t(2)\tA declaration under this section—\n\t(a)\tmay be made orally (but if made orally must, as soon as is reasonably practicable, be reduced to writing and a copy provided to the Minister); and\n\t(b)\tsubject to this section, remains in force while response operations are being carried out in relation to the emergency (but not for a period exceeding 12 hours).\n\t(3)\tThe State Co-ordinator may, at any time, revoke a declaration under this section.\n23—Major emergencies\n\t(1)\tIf it appears to the State Co-ordinator that a major emergency has occurred, is occurring or is about to occur, the State Co-ordinator may declare the emergency to be a major emergency (whether or not a state of alert has previously been declared in relation to the emergency or the emergency has previously been declared to be an identified major incident under section 22).\n\t(2)\tA declaration under this section—\n\t(a)\tmust be in writing and published in a manner and form determined by the Minister; and\n\t(b)\tremains in force for the period specified in the declaration (which must not exceed 14 days) and for such further periods (which may be of any length) as may be approved by the Governor.\n\t(3)\tThe State Co-ordinator may, at any time, revoke a declaration under this section.\n24—Disasters\n\t(1)\tIf it appears to the Governor that a major emergency has occurred, is occurring or is about to occur and the Governor is satisfied that the nature or scale of the emergency is, or is likely to be, such that it should be declared to be a disaster under this section, the Governor may (whether or not a state of alert has previously been declared in relation to the emergency or the emergency has previously been declared to be an identified major incident under section 22 or a major emergency under section 23) declare the emergency to be a disaster.\n\t(2)\tA declaration under this section—\n\t(a)\tmust be made in writing and published in a manner and form determined by the Minister; and\n\t(b)\tremains in force for the period specified in the declaration (which must not exceed 30 days) and for such further periods (which may be of any length) as may be approved by resolution of both Houses of Parliament or in accordance with subsection (2a).\n\t(2a)\tIf due to the disaster or circumstances arising out of or in connection with the disaster, it is not possible for both Houses of Parliament to meet before the expiration of the declaration in order to consider a resolution under subsection (2)(b)—\n\t(a)\tif 1 House of Parliament is able to meet before the expiration of the declaration, the resolution need only be approved by the House; or\n\t(b)\tif neither House of Parliament is able to meet before the expiration of the declaration, the Governor may approve a further period during which the declaration will remain in force.\n\t(2b)\tAn approval granted by the Governor under subsection (2a)(b) may be revoked by resolution of either House of Parliament.\n\t(4)\tThe Governor may, at any time, revoke a declaration under this section.\n24A—Public health incidents and emergencies\nA state of alert may be declared in relation to an emergency or an emergency may be declared to be an identified major incident, a major emergency or a disaster whether or not the emergency has previously been declared to be a public health incident or a public health emergency under the South Australian Public Health Act 2011.\nDivision 4—Powers\n24B—Power to require information or documents\n\t(1)\tPowers under this section must be exercised in accordance with any prescribed requirements.\n\t(2)\tThe State Co-ordinator may require a person—\n\t(a)\tto give the State Co-ordinator within a specified time, or at specified times, specified information; or\n\t(b)\tto produce to the State Co-ordinator within a specified time, or at specified times, specified documents,\nthat the State Co‑ordinator reasonably requires—\n\t(c)\tto determine whether a declaration should be made under this Act; or\n\t(d)\tto plan for the future exercise of powers under this Division; or\n\t(e)\tto otherwise administer or enforce this Division.\n\t(3)\tIf a person is required to give information or produce a document under this section and the information or document would tend to incriminate the person of an offence, the person must nevertheless give the information or produce the document, but—\n\t(a)\tif the person is a natural person, the information or document so given or produced will not be admissible in evidence against the person in proceedings for an offence (other than an offence relating to the making of a false or misleading statement or declaration); and\n\t(b)\tif the person is a body corporate—\n\t(i)\tthe information or document so given or produced will not be admissible in evidence against a director of the body corporate in proceedings for an offence (other than an offence relating to the making of a false or misleading statement or declaration); and\n\t(ii)\ta director will not be guilty of an offence (other than an offence relating to the making of a false or misleading statement or declaration) as a result of the body corporate having been found guilty of an offence in proceedings in which the information or document so given or produced was admitted in evidence against the body corporate.\n\t(4)\tFor the avoidance of doubt, powers may be exercised under this section whether or not a state of alert or an identified major incident, major emergency or disaster has been declared.\n\t(5)\tInformation obtained under this section is not liable to disclosure under the Freedom of Information Act 1991.\n25—General powers of State Co-ordinator and authorised officers\n\t(a1)\tPowers under this section are additional to any other powers under this Act (but if a direction or requirement under this section is inconsistent with any direction or requirement under another provision of this Act, the direction or requirement under this section prevails to the extent of the inconsistency).\n\t(1)\tOn the declaration of a state of alert or an identified major incident, a major emergency or a disaster under Division 3, and while that declaration remains in force, the State Co-ordinator must take any necessary action to implement the SEMP and cause such response and recovery operations to be carried out as the State Co‑ordinator thinks appropriate.\n\t(2)\tWithout limiting or derogating from the operation of subsection (1), but subject to this section and the regulations, the State Co-ordinator or an authorised officer may, if of the opinion that it is necessary to do so, do or cause to be done all or any of the following things:\n\t(a)\tenter and, if necessary, break into any land, building, structure or vehicle;\n\t(b)\ttake possession of, protect or assume control over any land, body of water, building, structure, vehicle or other thing;\n\t(ba)\tremove or destroy, or order the removal or destruction of, any building, structure, vehicle, vegetation, animal or other thing;\n\t(bb)\tcarry out, or cause to be carried out, excavation or other earthworks;\n\t(c)\tconstruct, or cause to be constructed, barriers, buildings or other structures;\n\t(ca)\tsubject a place or thing to a decontamination procedure;\n\t(d)\tdirect the owner of, or the person for the time being in charge of, any real or personal property to place it under the control or at the disposition of a specified person;\n\t(e)\tremove, or cause to be removed, to such place as the State Co-ordinator or authorised officer thinks fit, any person or animal, or direct the evacuation or removal of any person or animal;\n\t(f)\tdirect or prohibit the movement of persons, animals or vehicles;\n\t(fa)\tdirect a person to submit to a decontamination procedure;\n\t(fb)\tdirect a person to remain isolated or segregated from other persons or to take other measures to prevent the transmission of a disease or condition to other persons;\n\t(fc)\tdirect a person to undergo medical observation, examination (including diagnostic procedures) or treatment (including preventative treatment);\n\t(g)\tremove flammable material or any other hazardous material or cause flammable material or any other hazardous material to be removed from any place, building or structure;\n\t(h)\tcause any supply of fuel or other flammable liquid, any gas or electricity or any other hazardous material to be connected, reconnected, disconnected or shut off;\n\t(i)\tdirect a person who is in a position to do so—\n\t(i)\tto stop any work or operation; or\n\t(ii)\tto close any premises or other place; or\n\t(iii)\tto contain the escape of any hazardous material, or to nullify the effects of the escape of any hazardous material; or\n\t(iv)\tto shut off or remove any plant, equipment, apparatus or device or to perform any operation in relation to any plant, equipment, apparatus or device;\n\t(j)\tconnect, disconnect, reconnect, shut off or cut off the supply of water or any drainage facility;\n\t(k)\tmake use of the gratuitous services of any person;\n\t(ka)\trequire a person to furnish such information as may be reasonably required in the circumstances (other than information that may be required to be furnished under section 6 of the Essential Services Act 1981);\n\t(l)\tremove to such place as the State Co‑ordinator or authorised officer thinks fit any person who obstructs or threatens to obstruct response or recovery operations;\n\t(m)\tdirect, insofar as may be reasonably necessary in the circumstances, any person (other than a control agency or other person referred to in paragraph (n)) to assist in the exercise of any power under this section;\n\t(n)\tin the case of a major emergency or disaster—give directions to any control agency or person whose responsibilities require them to engage in response or recovery operations, or who is so engaged;\n\t(o)\texercise any prescribed power.\n\t(2a)\tA direction or requirement under this section must not prohibit travel into or out of the State where the travel is for the purpose of escaping domestic violence or providing support to a family member who is experiencing domestic violence, or is otherwise reasonably necessary for the purpose of dealing with circumstances arising out of domestic violence (but a direction may impose conditions in relation to such travel).\n\t(3)\tThe State Co‑ordinator (or a delegate of the State Co‑ordinator) may give a direction or make a requirement under this section that applies to persons generally throughout the State.\n\t(4)\tA direction or requirement of a kind referred to in subsection (3) must be published on a website determined by the State Co‑ordinator within 24 hours after it is given or made.\n\t(5)\tFor the avoidance of doubt—\n\t(a)\tthe State Co‑ordinator or an authorised officer may exercise or discharge a power or function under this section even if to do so would contravene another law of the State; and\n\t(b)\tthe State Co‑ordinator or an authorised officer may use such force as is reasonably necessary in the exercise or discharge of a power or function under this section or in ensuring compliance with a direction or requirement under this section; and\n\t(c)\ta direction or requirement given or imposed by the State Co‑ordinator or an authorised officer under this section may do any of the following:\n\t(i)\tit may apply to a person, or a class of persons, or in respect of any place or during any period;\n\t(ii)\tit may require or allow a person or a class of persons to act in contravention of another law of the State;\n\t(iii)\tit may affect the lawful rights or obligations of any person or class of persons;\n\t(d)\ta direction or requirement may be issued in the form of a written instrument or in any other form (including, without limitation, orally, by SMS or email).\n\t(6)\tIf a direction applies to a class of persons or applies in respect of any place or during any period, the State Co‑ordinator, or an authorised officer, may exempt (conditionally or unconditionally) any person or class of persons from the direction.\n25AA—Fees relating to quarantine during declared emergencies\n\t(1)\tThe following persons (liable persons) must pay a fee determined by the State Co‑ordinator, by notice in the Gazette, relating to their quarantine or isolation at a place in South Australia:\n\t(a)\ta prescribed arrival, or a class of prescribed arrival, specified in the notice;\n\t(b)\ta designated person, or a class of designated person, specified in the notice.\n\t(2)\tA notice under subsection (1) may specify differential fees according to the class of liable person or any other factor specified in the notice.\n\t(3)\tA notice under subsection (1) has effect—\n\t(a)\tif the notice specifies the day from which it has effect (which may be a day earlier than the day on which the notice is published in the Gazette)—from that day; or\n\t(b)\tin any other case—from the day on which it is published in the Gazette.\n\t(4)\tTo avoid doubt, a fee imposed on a liable person by a notice under subsection (1) is required to be paid by the liable person—\n\t(a)\tin the case of a prescribed arrival—whether or not they arrive in South Australia before or after the day on which the notice is published in the Gazette; or\n\t(b)\tin the case of a designated person—whether or not the refusal or failure to comply occurs before or after the day on which the notice is published in the Gazette.\n\t(5)\tThe State Co‑ordinator may, by further notice in the Gazette, vary or revoke a notice under subsection (1).\n\t(6)\tThe State Co‑ordinator may waive, reduce or refund a fee imposed under this section if the State Co‑ordinator considers it appropriate to do so.\n\t(7)\tA fee imposed under this section is recoverable as a debt due to the Crown.\n\t(8)\tThe State Co‑ordinator may delegate a power or function under this section to an Assistant State Co‑ordinator.\n\t(9)\tA delegation under subsection (8)—\n\t(a)\tmust be in writing; and\n\t(b)\tis revocable at will and does not derogate from the power of the State Co‑ordinator to act in any matter.\n\t(10)\tIn this section—\ndesignated person means a person who, on or after the day on which this section commences—\n\t(a)\trefuses or fails to comply with a direction or requirement under section 25 (whether applying to persons generally or otherwise) to remain quarantined or isolated at a place in South Australia; and\n\t(b)\tas a result of the refusal or failure, is directed or required to remain quarantined or isolated at a place determined by an authorised officer;\nprescribed arrival means a person—\n\t(a)\twho arrives in South Australia on or after the day on which this section commences; and\n\t(b)\twho is obliged, in accordance with a direction or requirement under section 25 (whether applying to persons generally or otherwise), to remain quarantined or isolated at a place after entering South Australia from a place outside South Australia.\n26—Supply of gas or electricity\nA person or company supplying gas or electricity to any premises or other place must, at the direction of the State Co-ordinator or an authorised officer under this Division, send a competent person to connect, reconnect, disconnect or shut off the supply of gas or electricity to the premises or other place, or to any adjacent premises or place (and the person so attending must then comply with any direction that may be given in the exercise of powers under this Division).\n26AA—Interaction with Division 6\nExcept as provided in section 26, if an electricity supply emergency has been declared under Division 6, no direction may be given under this Division of a kind that could be given under Division 6.\n26A—Modification of Controlled Substances Act\n\t(1)\tThe Minister may, by notice in the Gazette, modify the operation of section 18, 26 or 31 of the Controlled Substances Act 1984 for the duration of the declaration of an identified major incident, a major emergency or a disaster if satisfied that it is necessary to do so in order to meet—\n\t(a)\tthe demand for drugs for medical purposes arising from the incident, emergency or disaster; or\n\t(b)\tthe ordinary demand for drugs for medical purposes despite interruptions to medical services or supplies or other difficulties arising from the incident, emergency or disaster.\n\t(2)\tThe Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subsection (1).\n\t(3)\tBefore a notice is made under this section, the Minister must consult with the Minister responsible for the administration of the Controlled Substances Act 1984.\n26AB—Modification of procedural requirements\n\t(1)\tSubject to this section, the regulations may modify, or dispense with, any procedural requirements applying under an Act or law, or any class of procedural requirements applying under Acts or laws, during a declared major emergency or disaster.\n\t(2)\tA regulation under subsection (1) modifying, or dispensing with, any procedural requirement is taken to be repealed on the cessation of the relevant declared major emergency or disaster (if not sooner repealed or disallowed in accordance with section 10 of the Legislative Instruments Act 1978).\n\t(3)\tThis section does not apply to procedural requirements under—\n\t(a)\tthe Constitution Act 1934; or\n\t(b)\tthe Parliamentary Committees Act 1991; or\n\t(c)\tan Act or law prescribed by the regulations for the purposes of this subsection.\n\t(4)\tRegulations may only be made modifying or dispensing with procedural requirements under the Electoral Act 1985 for the purpose of facilitating voting in an election by persons affected by a declared major emergency or disaster.\n\t(5)\tA regulation modifying or dispensing with procedural requirements relating to a court or proceedings in a court may only be made at the request of the Chief Justice of the Supreme Court.\n\t(6)\tFor the purposes of this section, a declared major emergency or disaster is taken to have ceased when no declaration is in force under section 23 or 24 of this Act in respect of the emergency or disaster.\n\t(7)\tIn this section—\nprocedural requirement includes—\n\t(a)\tany required process that must be followed prior to the making of a decision or the carrying out of any act (including a requirement for procedural fairness); or\n\t(b)\ta requirement that a decision be made, an act be carried out or a right be exercised, within or after a particular period; or\n\t(c)\tany required process that must be followed after the making of a decision or the carrying out of any act.\n26AC—Public sector mobilisation\n\t(1)\tThe Premier may give directions to public sector agencies about the deployment of resources and services in connection with—\n\t(a)\tany response and recovery operations or the prevention of, or preparedness for, any emergency; and\n\t(b)\tthe sharing of information and collaboration required for that purpose.\n\t(2)\tThe Premier may, by instrument in writing, delegate functions under this section—\n\t(a)\tto a particular person or committee; or\n\t(b)\tto the person for the time being performing particular duties or holding or acting in a specified position.\n\t(3)\tA delegation—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the delegator to act personally in a matter; and\n\t(c)\tmay, if the instrument of delegation so provides, be further delegated; and\n\t(d)\tis revocable at will.\n\t(4)\tA direction under this section is not binding on a public sector agency to the extent (if any) to which it would impede or affect the performance of a quasi‑judicial or statutorily independent function of the agency.\n\t(5)\tIn this section—\npublic sector agency has the same meaning as in the Public Sector Act 2009.\n26B—No obligation on persons to maintain secrecy\nNo obligation to maintain secrecy or other restriction on the disclosure of information applies to a person who is required to disclose information by a direction or requirement issued under section 24B or 25, except an obligation or restriction designed to keep the identity of an informant secret.\nDivision 5—Recovery operations\n27—Recovery operations\n\t(1)\tThe regulations may confer powers on the State Recovery Co‑ordinator, and other authorised officers, to be exercised for the purposes of recovery operations.\nNote—\nDuring a state of alert or an identified major incident, major emergency or disaster declared under this Act, the State Recovery Co‑ordinator reports to the State Co‑ordinator and may exercise powers as an authorised officer under section 25.\n\t(2)\tRegulations made for the purposes of subsection (1)—\n\t(a)\tmay confer any powers of a kind specified in section 25(2); and\n\t(b)\tmay confer powers subject to any conditions or limitations specified in the regulations; and\n\t(c)\tsubject to subsection (3), will expire 6 months after the day on which they came into operation (unless repealed earlier).\n\t(3)\tRegulations made for the purposes of subsection (1) will not expire in accordance with subsection (2)(c) if a regulation is made, on the recommendation of both Houses of Parliament, extending their period of operation (by a further specified period or for an indefinite period).\n\t(4)\tThe State Recovery Co-ordinator may, at any time for the purposes of exercising functions and powers under this Act in relation to recovery operations—\n\t(a)\tdirect authorised officers who are not police officers; or \n\t(b)\trequest that the Commissioner of Police direct police officers,\nto take specified action for the purposes of carrying out the recovery operations.\n\t(5)\tAn authorised officer may be assisted by volunteers in carrying out recovery operations under this section and may give such directions to a volunteer as the officer thinks necessary for that purpose.\n\t(6)\tWhere—\n\t(a)\tthe State Recovery Co-ordinator is satisfied that it is necessary or expedient that particular work be carried out in the course of a recovery operation under this section; and\n\t(b)\ta person has (apart from this section) a duty to carry out the work or a legal liability in respect of carrying out the work,\nthe State Recovery Co‑ordinator may cause the work to be carried out and recover, as a debt from the person, the reasonable costs of carrying out the work.\n\t(7)\tFor the purposes of subsection (6)—\n\t(a)\tif an independent contractor is engaged for the purpose of carrying out the work—the reasonable costs of carrying out the work will be taken to be the actual costs of engaging the contractor (and in any proceedings under subsection (6) a certificate apparently signed by the State Recovery Co‑ordinator certifying the costs of engaging the contractor is, in the absence of proof to the contrary, to be accepted as proof of the costs so certified); or\n\t(b)\tin any other case—the reasonable costs of carrying out the work are to be assessed by reference to the reasonable costs that would have been or would be incurred in having the action taken by an independent contractor engaged for that purpose.\nDivision 6—Electricity supply emergencies\n27A—Interpretation\n\t(1)\tIn this Division—\nAEMO means the Australian Energy Market Operator Limited (ACN 072 010 327);\ngeneration of electricity has the same meaning as in the Electricity Act 1996;\ninterconnector means a transmission line, or group of transmission lines, that connects the transmission networks in adjacent regions;\nMinister means the Minister responsible for the administration of the Electricity Act 1996;\nNational Electricity Law—see the Schedule of the National Electricity (South Australia) Act 1996;\nnational electricity market has the same meaning as in the National Electricity Law;\nNational Electricity Rules means the National Electricity Rules as defined in the National Electricity Law;\nspot market has the same meaning as in the National Electricity Rules;\ntransmission network has the same meaning as in the Electricity Act 1996.\n\t(2)\tThis Division is in addition to, and does not derogate from, any other powers under this Act in relation to an emergency.\n27B—Minister may declare electricity supply emergency\n\t(1)\tIf it appears to the Minister, on reasonable grounds, that the supply of electricity to all or part of the South Australian community is disrupted to a significant degree, or there is a real risk that it may be disrupted to a significant degree, the Minister may declare an electricity supply emergency.\n\t(2)\tA declaration under this section—\n\t(a)\tmust be in writing and published in a manner and form determined by the Minister; and\n\t(b)\tremains in force for the period specified in the declaration (which must not exceed 14 days) and for such further periods (which may be of any length) as may be approved by the Governor (provided that any such approval must also be in writing and published in a manner and form determined by the Minister).\n\t(4)\tThe Minister may, at any time, revoke a declaration under this section.\n27C—Minister's power to give directions\n\t(1)\tOn the declaration of an electricity supply emergency, and while that declaration remains in force, the Minister may give directions to any persons or class of persons (or both), that the Minister thinks are reasonably necessary to respond to the electricity supply emergency.\n\t(2)\tWithout limiting subsection (1), directions may, for example—\n\t(a)\trequire AEMO to restrict electricity flow on an interconnector in accordance with requirements specified in the direction;\n\t(b)\trequire a person to give a direction to, or exercise authority over, another person (where that is lawful under another Act or law);\n\t(c)\trequire AEMO to suspend the spot market in South Australia;\n\t(d)\trequire any specified persons who engage in generation of electricity, or any class of such persons, to generate electricity in accordance with requirements specified in the direction.\n\t(2a)\tA direction to a person may—\n\t(a)\trequire the performance of specific acts or omissions; or\n\t(b)\trequire the exercise of specific powers or functions; or\n\t(c)\trequire specific outcomes or performance standards.\n\t(2b)\tFor the avoidance of doubt—\n\t(a)\ta person may satisfy a direction or requirement given to or imposed on them under this section by giving directions to, or exercising authority over, another person or body, whether or not the direction or requirement under this section expressly requires the giving of such directions or the exercise of such authority; and\n\t(b)\tfor the purposes of section 32(1)(b), a reference to a direction or requirement given or imposed, or purportedly given or imposed, in accordance with this Act includes a reference to directions given to, or authority exercised over, another person or body by a person under this section.\n\t(3)\tA direction under this section—\n\t(a)\toperates for a period specified in the direction (which may be defined by reference to specified days or to the happening of specified events, provided that the direction may only operate during the period of the declared electricity supply emergency); and\n\t(b)\tmay be varied or revoked by a subsequent direction under this section (with effect at a specified time or on the happening of a specified event).\n\t(4)\tIf the Minister proposes to give a direction under this section to a particular person, the Minister must, to the extent that it is reasonably practicable to do so in all the circumstances (and having regard to the urgency of the situation) consult with the person the subject of the proposed direction before giving the direction.\n\t(5)\tIn giving a direction under this section, the Minister must, to the extent that it is reasonably practicable to do so, take reasonable steps to avoid unduly interfering with the operation of the national electricity market, the National Electricity Rules and the National Electricity Law.\n\t(6)\tA failure by the Minister to comply with subsection (4) or (5) will not invalidate a direction.\n\t(6a)\tIf a direction applies to a class of persons, the Minister may exempt (conditionally or unconditionally) any person or class of persons from the direction.\n\t(6b)\tA person who contravenes a condition of an exemption granted to the person under this section is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a natural person—$20 000; or\n\t(b)\tin the case of a body corporate—$100 000.\n\t(7)\tFor the avoidance of doubt, a direction given under this section creates a mandatory duty to comply with that direction notwithstanding any other Act or law, including the National Electricity (South Australia) Act 1996.\n27D—Minister's power to use or require information\n\t(1)\tThe Minister may use any information to which the Minister has access as the Minister responsible for the administration of the Electricity Act 1996 or may, by notice in writing, require a person to give the Minister specified information, or information of a specified class, that the Minister reasonably requires—\n\t(a)\tto determine whether there is, or is likely to be, an electricity supply emergency; or\n\t(b)\tto plan for the future exercise of powers under this Division; or\n\t(c)\tto otherwise administer or enforce this Division.\n\t(2)\tA notice under this section may specify the manner or form in which access to the information is to be given.\n\t(3)\tIf a person is required to give information under this section and the information would tend to incriminate the person of an offence, the person must nevertheless give the information, but—\n\t(a)\tif the person is a natural person, the information so given will not be admissible in evidence against the person in proceedings for an offence (other than an offence relating to the making of a false or misleading statement or declaration); and\n\t(b)\tif the person is a body corporate—\n\t(i)\tthe information so given will not be admissible in evidence against a director of the body corporate in proceedings for an offence (other than an offence relating to the making of a false or misleading statement or declaration); and\n\t(ii)\ta director will not be guilty of an offence (other than an offence relating to the making of a false or misleading statement or declaration) as a result of the body corporate having been found guilty of an offence in proceedings in which the information so given was admitted in evidence against the body corporate.\n\t(4)\tFor the avoidance of doubt, powers may be exercised under this section whether or not an electricity supply emergency has been declared.\n27E—Obligation to preserve confidentiality\n\t(1)\tThe Minister must preserve the confidentiality of information gained in the course of the performance of the Minister's functions under this Division that—\n\t(a)\tcould affect the competitive position of a person; or\n\t(b)\tis commercially sensitive for some other reason.\n\t(2)\tSubject to subsection (4), subsection (1) does not apply to—\n\t(a)\tthe disclosure of information for the purposes of determining whether there is, or is likely to be, an electricity supply emergency; or\n\t(b)\tthe disclosure of information to the State Co‑ordinator; or\n\t(c)\tthe disclosure of information where that is necessary for the administration or enforcement of this Act.\n\t(3)\tInformation classified by the Minister as confidential under this section is not liable to disclosure under the Freedom of Information Act 1991.\n\t(4)\tNothing in this Act permits the use or disclosure of protected information (within the meaning of the Security of Critical Infrastructure Act 2018 of the Commonwealth) in a manner that is inconsistent with that Act.\n27F—Manner of giving directions or requirements\n\t(1)\tA direction under section 27C relating to a class of persons must be given by notice published on a website determined by the Minister and, for the purposes of this Act, the persons to whom the direction applies will be taken to have been given the notice at the time at which it is published on the website.\n\t(2)\tA direction (other than a direction of a kind referred to in subsection (1)) or requirement to be given to, or made of, a person under this Division must—\n\t(a)\tbe given or made by notice in writing served on the person, personally or by post; or\n\t(b)\tif the Minister is of the opinion that good reason exists for doing so, be given or made by telephone, fax, email or some other form of electronic transmission (however, in such a case, a written record of the direction or requirement must be served on the person, personally or by post, as soon as is reasonably practicable).\n27G—Delegation\n\t(1)\tThe Minister may delegate any functions or powers under this Division—\n\t(a)\tto the person for the time being holding or acting in a particular office or position; or\n\t(b)\tto any other person or body.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Minister to act in any matter; and\n\t(d)\tis revocable at will by the Minister.\n27H—Inquiries relating to electricity supply emergencies etc\nThe Minister may, if the Minister thinks fit—\n\t(a)\tfollowing the declaration of an electricity supply emergency, refer any matter relating to the declaration, or to any directions given following the declaration, to the Essential Services Commission for inquiry in accordance with Part 7 of the Essential Services Commission Act 2002; or\n\t(b)\trefer any matter relating to directions given following the declaration of an electricity supply emergency or relating to an exercise of powers under section 27D to the Technical Regulator established under the Electricity Act 1996 for inquiry and report in accordance with any requirements and procedures prescribed by the regulations.\nPart 5—Offences\n28—Failure to comply with directions\n\t(1)\tA person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction of the State Co-ordinator, the State Recovery Co‑ordinator or an authorised officer given in accordance with this Act.\nMaximum penalty: \n\t(a)\tif the offender is a body corporate—$75 000;\n\t(b)\tif the offender is a natural person—$20 000 or imprisonment for 2 years.\nExpiation fee: \n\t(a)\tin the case of a natural person—$1 000;\n\t(b)\tin the case of a body corporate—$5 000.\n\t(2)\tIf a body corporate is guilty of an offence against this section, each director and the manager of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person unless the director or the manager (as the case may be) proves that they could not by the exercise of due diligence have prevented the commission of the offence.\n\t(3)\tA person may be prosecuted and convicted of an offence under subsection (2) whether or not the body corporate has been prosecuted or convicted of the offence committed by the body corporate.\n28A—Offences against Part 4 Division 6\n\t(1)\tA person who fails to comply with a direction of the Minister under section 27C is guilty of an offence.\nMaximum penalty: $250 000.\n\t(2)\tA person required to give information, or produce documents, to the Minister under section 27D must provide the information or produce documents within the time, or at the times, specified by that Minister.\nMaximum penalty: $100 000.\n\t(3)\tA prosecution for an offence against subsection (1) or (2) may only be commenced with the consent of the Minister.\n\t(4)\tIn any legal proceedings an apparently genuine certificate, purporting to be signed by the Minister, certifying that the Minister consented to the commencement of a prosecution referred to in subsection (3) will, in the absence of proof to the contrary, be accepted as proof of the matters so certified.\n\t(5)\tAn offence against subsection (1) or (2) may be prosecuted as an indictable offence or summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed is a fine not exceeding $10 000.\n\t(6)\tIn this section—\nMinister has the same meaning as in Part 4 Division 6.\n29—Obstruction\nA person must not hinder or obstruct operations carried out in accordance with this Act.\nMaximum penalty: $10 000.\n30—Impersonating an authorised officer etc\n\t(1)\tA person must not falsely represent that they are an authorised officer or other person with responsibilities under this Act.\nMaximum penalty: $10 000.\n\t(2)\tA person must not, without lawful authority—\n\t(a)\twear any insignia or special apparel issued to an authorised officer for the purposes of this Act; or\n\t(b)\tuse any special equipment issued to an authorised officer for the purposes of this Act,\nin circumstances where to do so would lead to a reasonable belief that they were an authorised officer.\nMaximum penalty: $10 000.\n31—Disclosure of information\n\t(1)\tAn authorised officer may direct a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, an offence against this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity.\n\t(2)\tA person to whom a direction is given under subsection (1) must immediately comply with the direction.\nMaximum penalty: $5 000.\n31A—Confidentiality\nIf a person, in the course of the administration or enforcement of this Act or as a result of a requirement or direction issued under this Act, obtains—\n\t(a)\tmedical information relating to another; or\n\t(b)\tpersonal or financial information relating to another; or\n\t(ba)\tinformation relating to trade secrets or business processes,\nthe person must not intentionally disclose that information unless—\n\t(c)\tthe disclosure is made in the course of the administration or enforcement of this Act; or\n\t(d)\tthe disclosure is made with the consent of the other person; or\n\t(e)\tthe disclosure is required by a court or tribunal constituted by law.\nMaximum penalty: $20 000.\nPart 6—Miscellaneous\n32—Protection from liability\n\t(1)\tNo civil or criminal liability will attach to a person for an act or omission in good faith—\n\t(a)\tin the exercise or discharge, or purported exercise or discharge, of a power or function under this Act; or\n\t(b)\tin the carrying out, or purported carrying out, of any direction or requirement given or imposed, or purportedly given or imposed, in accordance with this Act.\n\t(1a)\tSubsection (1) does not affect the operation of the Return to Work Act 2014.\n\t(2)\tSubject to subsection (3), a liability that would, but for subsection (1), lie against a person lies instead against the Crown.\n\t(3)\tNo liability attaches to the Crown in respect of acts or omissions—\n\t(a)\tin making a declaration under Part 4 Division 6; or\n\t(b)\tin giving a direction to a person, or imposing a requirement on a person, under Part 4 Division 6; or\n\t(c)\tin the carrying out of a direction given, or a requirement imposed, under Part 4 Division 6.\n32A—Protection from liability—COVID-19\n\t(1)\tDespite any other provision of this Act, or any other Act or law, no liability attaches to the Crown in respect of—\n\t(a)\tany acts or omissions in connection with—\n\t(i)\tthe exercise or discharge, or purported exercise or discharge, of a power or function under a prescribed Act; or\n\t(ii)\tthe carrying out, or purported carrying out, of any direction or requirement given or imposed, or purportedly given or imposed, in accordance with a prescribed Act; or\n\t(b)\tany failure to exercise or discharge a power or function under a prescribed Act,\nin relation to the outbreak of the human disease named COVID‑19 within South Australia (whether the relevant acts or omissions or failure occurred before or after the commencement of this section).\n\t(2)\tDespite any other provision of this Act, or any other Act or law, no civil or criminal liability attaches to a person for an act or omission in good faith in respect of—\n\t(a)\tany acts or omissions in connection with—\n\t(i)\tthe exercise or discharge, or purported exercise or discharge, of a power or function under a prescribed Act; or\n\t(ii)\tthe carrying out, or purported carrying out, of any direction or requirement given or imposed, or purportedly given or imposed, in accordance with a prescribed Act; or\n\t(b)\tany failure to exercise or discharge a power or function under a prescribed Act,\nin relation to the outbreak of the human disease named COVID‑19 within South Australia (whether the relevant acts or omissions or failure occurred before or after the commencement of this section).\n\t(2a)\tSubsections (1) and (2) do not affect the operation of the Return to Work Act 2014.\n\t(3)\tIn this section—\nprescribed Act means—\n\t(a)\tthis Act; and\n\t(b)\tthe South Australian Public Health Act 2011; and\n\t(c)\tthe COVID-19 Emergency Response Act 2020; and\n\t(d)\tany other Act or law prescribed by the regulations.\n33—Employment\nA person who is absent from employment on official duties in connection with response or recovery operations undertaken in accordance with this Act is not liable to be dismissed or prejudiced in employment by reason of that absence.\n33A—Victimisation\n\t(1)\tAn employer who causes detriment to an employee on the ground, or substantially on the ground, that the employee was temporarily absent from employment because the employee was carrying out an emergency management response commits an act of victimisation.\n\t(2)\tAn act of victimisation under this section may be dealt with—\n\t(a)\tas a tort; or\n\t(b)\tas if it were an act of victimisation under the Equal Opportunity Act 1984,\nbut, if the victim commences proceedings in a court seeking a remedy in tort, the victim cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, the victim cannot subsequently commence proceedings in a court seeking a remedy in tort.\n\t(3)\tIf a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint.\n\t(4)\tIt is a defence to any proceedings in respect of an act of victimisation under this section for the employer to show that—\n\t(a)\tthe absence was not reasonable having regard to all the circumstances; or\n\t(b)\tthat the victimisation did not occur for the reason, or for reasons that include the reason, referred to in subsection (1).\n\t(5)\tIn proceedings against a person seeking a remedy in tort for an act of victimisation committed by an employee or agent of the person, it is a defence to prove that the person exercised all reasonable diligence to ensure that the employee or agent would not commit an act of victimisation.\n\t(6)\tFor the purposes of this section, an employee carries out an emergency management response if—\n\t(a)\tthe employee undertakes an activity that involves responding to a state of alert, identified major incident, major emergency or disaster declared under this Act; and\n\t(b)\tthe employee carries out the activity on a voluntary basis; and\n\t(c)\tthe employee is a member of, or has a member-like association with, an emergency services organisation or is otherwise a person with responsibilities under this Act or the SEMP; and\n\t(d)\tthe employee was requested by or on behalf of the emergency services organisation or by a person exercising functions under this Act to carry out the activity or no such request was made, but it would be reasonable to expect that, if the circumstances had permitted the making of such a request, it is likely that such a request would have been made.\n\t(7)\tFor the purposes of subsection (6)(b) an employee carries out an activity on a voluntary basis even if the employee directly or indirectly takes or agrees to take—\n\t(a)\tan honorarium; or\n\t(b)\ta gratuity; or\n\t(c)\ta similar payment,\nwholly or partly for carrying out the activity.\n\t(8)\tIn this section—\ndetriment includes—\n\t(a)\tinjury, damage or loss; or\n\t(b)\tintimidation or harassment; or\n\t(c)\tdiscrimination, disadvantage or adverse treatment in relation to a person's employment; or\n\t(d)\tthreats of reprisal;\nemergency services organisation means—\n\t(a)\tan emergency services organisation within the meaning of the Fire and Emergency Services Act 2005; or\n\t(b)\tan organisation prescribed by the regulations;\nemployee has the same meaning as in the Fair Work Act 1994;\nemployer has the same meaning as in the Fair Work Act 1994.\n34—Evidentiary\nIn any proceedings, a document—\n\t(a)\tpurporting to be signed by the State Co-ordinator and certifying that a person named, or referred to, in the document was, on a specified date, an authorised officer; or\n\t(b)\tpurporting to be signed by the State Co-ordinator and certifying that a declaration of an identified major incident or major emergency was in force in respect of a specified emergency on a specified day or during a specified period; or\n\t(c)\tpurporting to be signed by the Minister and certifying that a declaration of a disaster was in force in respect of a specified emergency on a specified day or during a specified period,\nis, in the absence of proof to the contrary, proof of the facts so certified.\n36—Insurance policies to cover damage\nAll policies of insurance against damage or loss of property caused by, or occurring during the course of, an emergency will be taken to extend to damage or loss arising from measures taken by any person acting in pursuance of an authority conferred by or under this Act in relation to the emergency.\n37—State Emergency Relief Fund\n\t(1)\tThe State Disaster Relief Fund continues in existence as the State Emergency Relief Fund (the fund).\n\t(2)\tAny money received by the Minister for the relief of persons who suffer injury, loss or damage as a result of a declared emergency or proclaimed situation, or otherwise to assist communities adversely affected by the impact of a declared emergency or proclaimed situation (in response to a public appeal), must be paid into the fund.\n\t(3)\tThe Minister may appoint a committee of persons to administer the fund.\n\t(4)\tA committee appointed for the purposes of this section will administer the fund subject to the directions of the Governor.\n\t(5)\tSubject to this section, no money received by the fund in respect of a particular declared emergency or proclaimed situation may be disbursed otherwise than to, or for the purpose of the relief of, persons who suffered injury, loss or damage as a result of that declared emergency or proclaimed situation, or to assist communities adversely affected by that declared emergency or proclaimed situation.\n\t(6)\tIf the committee is satisfied that it has made sufficient payment to persons or communities on account of a particular declared emergency or proclaimed situation, the committee may, with the approval of the Governor, leave the balance of the money in the fund to be applied under this section for the purpose of responding to some future declared emergency or proclaimed situation.\n\t(7)\tWhere the committee is of the opinion that a person who suffered injury, loss or damage as a result of a declared emergency or proclaimed situation has been overcompensated for that injury, loss or damage by reason of being paid—\n\t(a)\tmoney from the fund; and\n\t(b)\tdamages or compensation from another source,\nthe committee may, by notice in writing given personally or by post to the person, require the person to pay to the fund the amount of the overcompensation as determined by the committee and specified in the notice.\n\t(8)\tA person who is given a notice under subsection (7) is liable to pay to the fund, as a debt due to the Crown, the amount specified in the notice within the time specified in the notice (being a period of not less than one month from the day on which the notice is given).\n\t(9)\tMoney paid to the fund pursuant to subsection (8) may be disbursed for the purpose of responding to the declared emergency or proclaimed situation in respect of which the money was first paid, or for the purpose of responding to a future declared emergency or proclaimed situation.\n\t(10)\tNo money in the fund may be used to defray the administrative costs of administering the fund.\n\t(11)\tIn this section—\ndeclared emergency means an emergency in respect of which a declaration under this Act has been made;\nproclaimed situation means a situation or circumstance that is within the ambit of a proclamation made by the Governor for the purposes of this section.\n\t(12)\tA proclamation made for the purposes of the definition of proclaimed situation—\n\t(a)\tmay apply by reference to any factor specified by the proclamation, including by limiting the scope of the proclamation by area or a period of time; and\n\t(b)\tmay, from time to time as the Governor thinks fit, be varied or substituted by a new proclamation.\n38—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act or as are necessary in consequence of conditions directly or indirectly caused by an emergency in respect of which a declaration under this Act is made.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tapply generally or to a particular case or class of case; and\n\t(b)\tapply throughout the State or within a particular part of the State; and\n\t(c)\tprescribe penalties, not exceeding a $20 000 fine, for breach of or non‑compliance with a regulation; and\n\t(d)\tfix expiation fees for alleged offences against the regulations.\n\t(3)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.\n\t(4)\tA provision of a regulation made under subsection (3) may, if the regulation so provides, take effect from the commencement of this subsection or from a later day.\n\t(5)\tTo the extent to which a provision takes effect under subsection (4) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\nSchedule 1—Transitional provisions\nPart 3—Transitional provisions\n7—Continuation of State Disaster Plan\n\t(1)\tThe State Disaster Plan prepared under the State Disaster Act 1980, as in force immediately before the commencement of this clause, continues as the State Emergency Management Plan under this Act until altered or replaced by SEMC in accordance with this Act. \n\t(2)\tSEMC must, as soon as reasonably practicable after the commencement of this Act, cause a review of the plan continued in operation under subclause (1) for the purpose of determining whether it should be altered or replaced.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Emergency Management Act 2004 repealed the following:\nState Disaster Act 1980\nLegislation amended by principal Act\nThe Emergency Management Act 2004 amended the following:\nElectricity Act 1996\nEssential Services Act 1981\nGas Act 1997\nLocal Government Act 1999\nSummary Offences Act 1953\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2004\n30\n Emergency Management Act 2004\n29.7.2004\n25.11.2004 (Gazette 25.11.2004 p4406)\n2005\n70\n Terrorism (Police Powers) Act 2005\n8.12.2005\nSch 2 (cl 2)—8.12.2005\n2006\n42\n Emergency Management (State Emergency Relief Fund) Amendment Act 2006\n14.12.2006\n14.12.2006\n2009\n29\n Statutes Amendment (Public Health Incidents and Emergencies) Act 2009\n25.6.2009\nPt 3 (ss 4—12)—25.6.2009\n2011\n21\n South Australian Public Health Act 2011\n16.6.2011\nSch 1 (cll 3—5)—16.9.2012 (Gazette 30.8.2012 p3945)\n2013\n16\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 14 (ss 28 & 29)—17.6.2013 (Gazette 6.6.2013 p2498)\n2015\n8\n Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 12 (ss 69—72)—17.8.2015 (Gazette 25.6.2015 p3076)\n2016\n18\n Emergency Management (Miscellaneous) Amendment Act 2016\n26.5.2016\n1.7.2016 (Gazette 23.6.2016 p2617)\n2017\n11\n Emergency Management (Electricity Supply Emergencies) Amendment Act 2017\n26.4.2017\n26.4.2017 (Gazette 26.4.2017 p1136)\n2020\n7\n COVID-19 Emergency Response Act 2020\n9.4.2020\nSch 3 (cll 1 & 2)—9.4.2020: s 2(1)\n2020\n22\n Emergency Management (Quarantine Fees and Penalty) Amendment Act 2020\n24.7.2020\n24.7.2020 except s 5—18.7.2020: s 2\n2021\n25\n Statutes Amendment (COVID-19 Permanent Measures) Act 2021\n17.6.2021\nPt 5 (ss 7 to 10)—9.9.2021 (Gazette 18.8.2021 p3099)\n2021\n43\nEmergency Management (Electricity Supply Emergencies) Amendment Act 2021\n25.11.2021\n25.11.2021\n2025\n36\nEmergency Management (Miscellaneous) Amendment Act 2025\n11.9.2025\n1.12.2025 (Gazette 27.11.2025 p4646)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n8.12.2005\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n8.12.2005\ns 2\ninserted by 18/2016 s 4\n1.7.2016\ns 2(2)\namended by 11/2017 s 4\n26.4.2017\n\namended by 36/2025 s 3(1)\n1.12.2025\ns 2(3)\namended by 36/2025 s 3(2), (3)\n1.12.2025\ns 3\n\n\nappointed member\ndeleted by 8/2015 s 69\n17.8.2015\nauthorised officer\namended by 36/2025 s 4(1)\n1.12.2025\nChief Medical Officer\ninserted by 29/2009 s 4(1)\n25.6.2009\n\ndeleted by 21/2011 Sch 1 cl 3\n16.9.2012\nChief Public Health Officer\ninserted by 21/2011 Sch 1 cl 3\n16.9.2012\nelectricity supply emergency\ninserted by 11/2017 s 5\n26.4.2017\nemergency\nsubstituted by 29/2009 s 4(2)\n25.6.2009\nPPRR\ninserted by 18/2016 s 5(1)\n1.7.2016\npreparedness\ninserted by 18/2016 s 5(1)\n1.7.2016\nprevention\ninserted by 18/2016 s 5(1)\n1.7.2016\nrecovery operations\nsubstituted by 18/2016 s 5(2)\n1.7.2016\nresponse operations\nsubstituted by 18/2016 s 5(2)\n1.7.2016\nSEMC guidelines\ninserted by 36/2025 s 4(2)\n1.12.2025\nState Emergency Management Plan\nsubstituted by 18/2016 s 5(3)\n1.7.2016\nstate of alert\ninserted by 36/2025 s 4(3)\n1.12.2025\nState Recovery Co-ordinator\ninserted by 36/2025 s 4(3)\n1.12.2025\ns 4\n\n\ns 4(1)\ninserted by 11/2017 s 6\n26.4.2017\ns 4(2)\ns 4 redesignated as s 4(2) by 11/2017 s 6\n26.4.2017\ns 5\n\n\ns 5(3)\ninserted by 36/2025 s 5\n1.12.2025\nPt 1A\ninserted by 18/2016 s 6\n1.7.2016\ns 5A\n\n\ns 5A(4)\ninserted by 36/2025 s 6\n1.12.2025\nPt 2\n\n\ns 6\n\n\ns 6(2)—(6)\nsubstituted by 8/2015 s 70\n17.8.2015\n\nsubstituted by 36/2025 s 7\n1.12.2025\ns 7\nsubstituted by 8/2015 s 71\n17.8.2015\ns 8\ndeleted by 36/2025 s 8\n1.12.2025\ns 9\n\n\ns 9(1)\namended by 18/2016 s 7(1)—(4)\n1.7.2016\n\namended by 36/2025 s 9(1), (2)\n1.12.2025\ns 10\ndeleted by 36/2025 s 10\n1.12.2025\ns 11\n\n\ns 11(2)\ndeleted by 18/2016 s 8\n1.7.2016\nPt 3\n\n\ns 15\namended by 18/2016 s 9\n1.7.2016\n\nheading amended by 36/2025 s 11(1)\n1.12.2025\n\namended by 36/2025 s 11(2)\n1.12.2025\ns 16\n\n\ns 16(2)\ndeleted by 36/2025 s 12\n1.12.2025\ns 17\n\n\ns 17(1a)\ninserted by 29/2009 s 5\n25.6.2009\ns 17(2)\namended by 25/2021 s 7(1)\n9.9.2021\ns 17(3)\namended by 25/2021 s 7(2)\n9.9.2021\n\namended by 36/2025 s 13\n1.12.2025\ns 17(4)\namended by 36/2025 s 13\n1.12.2025\ns 18\n\n\ns 18(1)\namended by 36/2025 s 14(1), (2)\n1.12.2025\nPt 3A\ninserted by 36/2025 s 15\n1.12.2025\nPt 4\n\n\nPt 4 Div 1\n\n\ns 19\n\n\ns 19(2)\namended by 18/2016 s 10(1)\n1.7.2016\ns 19(3)\namended by 18/2016 s 10(2)\n1.7.2016\n\namended by 36/2025 s 16\n1.12.2025\nPt 4 Div 2\n\n\ns 20\n\n\ns 20(1)\namended by 18/2016 s 11(1), (2)\n1.7.2016\nPt 4 Div 3\n\n\nheading\nsubstituted by 36/2025 s 17\n1.12.2025\ns 21\namended by 36/2025 s 18\n1.12.2025\ns 21A\ninserted by 36/2025 s 19\n1.12.2025\ns 23\n\n\ns 23(1)\namended by 36/2025 s 20\n1.12.2025\ns 23(2)\namended by 29/2009 s 6(1)\n25.6.2009\n\n(c) deleted by 29/2009 s 6(1)\n25.6.2009\ns 23(3)\ninserted by 29/2009 s 6(2)\n25.6.2009\ns 24\n\n\ns 24(1)\namended by 36/2025 s 21(1)\n1.12.2025\ns 24(2)\namended by 29/2009 s 7(1)\n25.6.2009\n\namended by 36/2025 s 21(2)\n1.12.2025\ns 24(2a) and (2b)\ninserted by 36/2025 s 21(3)\n1.12.2025\ns 24(3)\ndeleted by 29/2009 s 7(2)\n25.6.2009\ns 24A\ninserted by 29/2009 s 8\n25.6.2009\n\namended by 21/2011 Sch 1 cl 4\n16.9.2012\n\namended by 36/2025 s 22\n1.12.2025\nPt 4 Div 4\n\n\nheading\namended by 36/2025 s 23\n1.12.2025\ns 24B\ninserted by 36/2025 s 24\n1.12.2025\ns 25\n\n\nheading\namended by 36/2025 s 25(1)\n1.12.2025\ns 25(a1)\ninserted by 36/2025 s 25(2)\n1.12.2025\ns 25(1)\namended by 18/2016 s 12(1)\n1.7.2016\n\namended by 36/2025 s 25(3), (4)\n1.12.2025\ns 25(2)\namended by 70/2005 Sch 2 cl 2(1), (2)\n8.12.2005\n\namended by 29/2009 s 9(1)—(4)\n25.6.2009\n\namended by 18/2016 s 12(2)\n1.7.2016\n\namended by 36/2025 s 25(5)—(8)\n1.12.2025\ns 25(2a)\ninserted by 22/2020 s 4\n24.7.2020\ns 25(3)\ninserted by 29/2009 s 9(5)\n25.6.2009\n\namended by 21/2011 Sch 1 cl 5\n16.9.2012\n\nsubstituted by 36/2025 s 25(9)\n1.12.2025\ns 25(4)—(6)\ninserted by 36/2025 s 25(9)\n1.12.2025\ns 25AA\ninserted by 22/2020 s 5\n18.7.2020\ns 26\namended by 29/2009 s 10\n25.6.2009\ns 26AA\ninserted by 11/2017 s 7\n26.4.2017\ns 26A\ninserted by 29/2009 s 11\n25.6.2009\nss 26AB and 26AC\ninserted by 36/2025 s 26\n1.12.2025\ns 26B\ninserted by 25/2021 s 8\n9.9.2021\n\namended by 36/2025 s 27\n1.12.2025\nPt 4 Div 5\n\n\ns 27 before substitution by 36/2025\n\n\ns 27(1)\namended by 18/2016 s 13\n1.7.2016\ns 27\nsubstituted by 36/2025 s 28\n1.12.2025\nPt 4 Div 6\ninserted by 11/2017 s 8\n26.4.2017\ns 27A\n\n\ns 27A(1)\n\n\ndesignated person\ninserted by 43/2021 s 3(1)\n25.11.2021\n\ndeleted by 36/2025 s 29\n1.12.2025\nend user\ninserted by 43/2021 s 3(1)\n25.11.2021\n\ndeleted by 36/2025 s 29\n1.12.2025\nmarket participant\ndeleted by 43/2021 s 3(2)\n25.11.2021\nmetering coordinator\ninserted by 43/2021 s 3(2)\n25.11.2021\n\ndeleted by 36/2025 s 29\n1.12.2025\nretailing\ndeleted by 36/2025 s 29\n1.12.2025\nthird party energy service provider\ninserted by 43/2021 s 3(3)\n25.11.2021\n\ndeleted by 36/2025 s 29\n1.12.2025\ns 27B\n\n\ns 27B(2)\nsubstituted by 36/2025 s 30\n1.12.2025\ns 27B(3)\ndeleted by 36/2025 s 30\n1.12.2025\ns 27C\n\n\ns 27C(1)\namended by 43/2021 s 4(1)\n25.11.2021\n\namended by 36/2025 s 31(1)\n1.12.2025\ns 27C(2)\namended by 43/2021 s 4(2)\n25.11.2021\n\namended by 36/2025 s 31(2)\n1.12.2025\ns 27C(2a)\ninserted by 43/2021 s 4(3)\n25.11.2021\n\namended by 36/2025 s 31(3)\n1.12.2025\ns 27C(2b)\ninserted by 43/2021 s 4(3)\n25.11.2021\n\namended by 36/2025 s 31(4), (5)\n1.12.2025\ns 27C(4)\nsubstituted by 43/2021 s 4(4)\n25.11.2021\n\namended by 36/2025 s 31(6)\n1.12.2025\ns 27C(6a)\ninserted by 43/2021 s 4(5)\n25.11.2021\n\namended by 36/2025 s 31(6)\n1.12.2025\ns 27C(6b)\ninserted by 43/2021 s 4(5)\n25.11.2021\ns 27D\nsubstituted by 36/2025 s 32\n1.12.2025\ns 27E\n\n\ns 27E(1)\namended by 43/2021 s 5\n25.11.2021\n\namended by 36/2025 s 33(1)\n1.12.2025\ns 27E(2)\namended by 36/2025 s 33(2), (3)\n1.12.2025\ns 27E(4)\ninserted by 36/2025 s 33(4)\n1.12.2025\ns 27F\n\n\ns 27F(1)\ninserted by 43/2021 s 6(1)\n25.11.2021\n\namended by 36/2025 s 34\n1.12.2025\ns 27F(2)\ns 27F amended and redesignated as s 27F(2) by 43/2021 s 6(1), (2)\n25.11.2021\nPt 5\n\n\ns 28\n\n\ns 28(1)\ns 28 redesignated as s 28(1) by 16/2013 s 28\n17.6.2013\n\namended by 22/2020 s 6\n24.7.2020\n\namended by 25/2021 s 9\n9.9.2021\n\namended by 36/2025 s 35(1)\n1.12.2025\ns 28(2)\ninserted by 16/2013 s 28\n17.6.2013\n\namended by 36/2025 s 35(2)\n1.12.2025\ns 28(3)\ninserted by 16/2013 s 28\n17.6.2013\ns 28A\ninserted by 11/2017 s 9\n26.4.2017\ns 30\n\n\ns 30(1)\namended by 36/2025 s 36(1)\n1.12.2025\ns 30(2)\namended by 36/2025 s 36(2)\n1.12.2025\ns 31A\ninserted by 29/2009 s 12\n25.6.2009\n\namended by 36/2025 s 37(1)—(3)\n1.12.2025\nPt 6\n\n\ns 32\n\n\ns 32(1)\namended by 11/2017 s 10(1),(2)\n26.4.2017\n\namended by 7/2020 Sch 3 cl 1\n9.4.2020\ns 32(1a)\ninserted by 36/2025 s 38\n1.12.2025\ns 32(2)\namended by 11/2017 s 10(3)\n26.4.2017\ns 32(3)\ninserted by 11/2017 s 10(4)\n26.4.2017\ns 32A\ninserted by 7/2020 Sch 3 cl 2\n9.4.2020\ns 32A(1)\ns 32A amended and redesignated as s 32A(1) by 25/2021 s 10(1)—(4)\n9.9.2021\ns 32A(2)\ninserted by 25/2021 s 10(4)\n9.9.2021\ns 32A(2a)\ninserted by 36/2025 s 39\n1.12.2025\ns 32A(3)\ninserted by 25/2021 s 10(4)\n9.9.2021\ns 33A\ninserted by 36/2025 s 40\n1.12.2025\ns 35\ndeleted by 16/2013 s 29\n17.6.2013\ns 36\namended by 36/2025 s 41\n1.12.2025\ns 37\n\n\ns 37(2)\nsubstituted by 42/2006 s 3(1)\n14.12.2006\ns 37(5) and (6)\nsubstituted by 42/2006 s 3(2)\n14.12.2006\ns 37(7)\namended by 42/2006 s 3(3)\n14.12.2006\ns 37(9)\nsubstituted by 42/2006 s 3(4)\n14.12.2006\ns 37(11) and (12)\ninserted by 42/2006 s 3(5)\n14.12.2006\ns 38\n\n\ns 38(2)\namended by 36/2025 s 42(1), (2)\n1.12.2025\ns 38(3)—(5)\ninserted by 8/2015 s 72\n17.8.2015\nSch 1\n\n\nPts 1 and 2\nomitted under Legislation Revision and Publication Act 2002\n8.12.2005\nTransitional etc provisions associated with Act or amendments\nEmergency Management (Miscellaneous) Amendment Act 2016, Sch 1—Transitional provisions\n1—Continuation of State Emergency Management Plan\nThe State Emergency Management Plan in force under the Emergency Management Act 2004 immediately before the commencement of section 6 of this Act continues, after that commencement, as the State Emergency Management Plan under section 5A of the Emergency Management Act 2004.\n2—Recovery operations advisory group\n\t(1)\tAn advisory group established under section 11(2) of the Emergency Management Act 2004 and in existence immediately before the commencement of section 8 of this Act continues, after that commencement, as an advisory group to advise the State Emergency Management Committee in relation to recovery operations as if it were an advisory group established under section 11(1)(a) of the Emergency Management Act 2004.\n\t(2)\tAn advisory group continued in existence under subclause (1) retains the same membership, presiding member, procedures for the conduct of business and any delegation in place immediately before the commencement of section 8 of this Act, subject to any determination of the State Emergency Management Committee after that commencement under section 11 of the Emergency Management Act 2004.\nEmergency Management (Electricity Supply Emergencies) Amendment Act 2017, Pt 2\n11—Review and report\nThe Minister responsible for the administration of the Electricity Act 1996 must—\n\t(a)\tensure that the amendments to the Emergency Management Act 2004 enacted by this Act are reviewed as soon as practicable after the fifth anniversary of the commencement of this Act; and\n\t(b)\tcause a report on the outcome of the review to be tabled in both Houses of Parliament within 12 sitting days after its completion.\nEmergency Management (Miscellaneous) Amendment Act 2025, Sch 1\n1—Transitional provision\nSections 32 and 32A of the Emergency Management Act 2004, as in force after the commencement of sections 38 and 39 of this Act, apply in relation to acts and omissions whether occurring before or after that commencement.\n2—Review of Emergency Management Act 2004\n\t(1)\tThe Minister must cause a review of the Emergency Management Act 2004 to be conducted, and a report on the review to be prepared and submitted to the Minister, within the period of 6 years after the commencement of this Act.\n\t(2)\tThe Minister must cause a copy of a report submitted under subsection (1) to be laid before both Houses of Parliament within 12 sitting days after receiving the report.\nHistorical versions\n8.12.2005\n\n14.12.2006\n\n25.6.2009\n\n16.9.2012\n\n17.6.2013\n\n17.8.2015\n\n1.7.2016\n\n26.4.2017\n\n9.4.2020\n\n18.7.2020 (electronic only)\n\n24.7.2020\n\n9.9.2021\n\n25.11.2021\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not successfully retrieved. The page returned was an error page, not the Emergency Management Act 2004 (SA)."},"complexity_factors":["No legislative text was retrievable — the source returned a 404 'Page Not Found' error","Analysis is impossible without the actual statutory content","The complexity score of 1 reflects the absence of content to assess, not the complexity of the Act itself"],"plain_english_summary":"**⚠️ Content Unavailable — No Legislation Retrieved**\n\nThe link or document provided did not successfully load the text of South Australia's *Emergency Management Act 2004*. Instead, it returned a **'Page Not Found'** error from the SA Legislation website, likely due to a broken or outdated URL (the site was updated in March 2026).\n\n**What this means for you:** No analysis of the actual law can be provided because no legislative content was delivered. If you need to understand the *Emergency Management Act 2004* (SA), try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for the Act by name\n- Emailing the Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n\n**What we do know generally:** The *Emergency Management Act 2004* (SA) is the key South Australian law governing how the state prepares for, responds to, and recovers from emergencies — including natural disasters, public health crises, and other major incidents. It sets up command structures, powers for authorities to act during emergencies, and obligations on agencies and the public."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2004 scope as a general emergency management framework. Major expansions include: (1) the 2009 addition of public health emergency integration following the SARS/H1N1 context; (2) the 2017 and 2021 amendments creating a detailed electricity supply emergency regime with market suspension powers; (3) the 2020 COVID-19 specific provisions including quarantine fees (s 25AA) and permanent liability protections (s 32A); (4) the 2016 and 2025 amendments adding the State Recovery Co-ordinator as a distinct statutory role and expanding procedural modification powers; and (5) the 2025 addition of 'state of alert' declarations and expanded information-gathering powers (s 24B). The original Act focused on natural disasters and civil emergencies; it now encompasses pandemic response, energy market intervention, and broad procedural law suspension powers."},"complexity_factors":["Multiple overlapping emergency declaration tiers (state of alert, identified major incident, major emergency, disaster) with different durations, approval mechanisms, and publication requirements","Extensive cross-referencing with other legislation including the Electricity Act 1996, South Australian Public Health Act 2011, Controlled Substances Act 1984, and Commonwealth Security of Critical Infrastructure Act 2018","Nested conditional powers: general emergency powers in Division 4 are modified by specific electricity supply emergency powers in Division 6 (section 26AA creates a carve-out)","Complex delegation chains: SEMC can delegate to members/advisory groups; State Co-ordinator can delegate to Recovery Co-ordinator/Assistants; Minister can delegate electricity powers; Premier can mobilise public sector agencies","Multiple safeguards and exceptions: domestic violence travel exemptions (s 25(2a)), self-incrimination protections with carve-outs for false statements (ss 24B(3), 27D(3)), confidentiality obligations with exceptions (s 27E), and procedural requirement modifications that exclude constitutional and electoral laws (s 26AB)","Detailed evidentiary and liability provisions including director liability for corporate offences (s 28(2)), specific COVID-19 liability shields (s 32A), and complex victimisation remedies (s 33A)","27 defined terms in the interpretation section (s 3), with additional definitions scattered throughout (e.g., 'procedural requirement' in s 26AB(7), 'prescribed arrival' in s 25AA)","Temporal complexity: regulations for recovery operations automatically expire after 6 months unless extended by parliamentary resolution (s 27(2)-(3)); transitional provisions preserve old plans and advisory groups across legislative amendments"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's main law for handling emergencies—from bushfires and floods to pandemics and terrorist attacks. It creates a command structure for when things go wrong, giving special powers to certain officials to protect the community and coordinate the response.\n\n**Who it affects:**\n\n*   **Everyone in South Australia** – the law applies to the whole state and can even extend beyond state borders.\n*   **State Co-ordinator** (the Police Commissioner) – runs the show during emergencies, with powers to evacuate people, take over property, shut off utilities, and direct government agencies.\n*   **State Recovery Co-ordinator** – appointed by the Minister to lead the cleanup and rebuilding after the immediate danger passes.\n*   **State Emergency Management Committee (SEMC)** – a committee that plans ahead, writes the State Emergency Management Plan, and oversees the system.\n*   **Authorised officers** – police and other appointed officials who can exercise emergency powers on the ground.\n*   **Businesses and individuals** – can be ordered to provide information, hand over property, or stop operations; may also be charged fees for quarantine during declared emergencies.\n\n**Key features:**\n\n*   **Four levels of emergency:** State of alert (up to 14 days), Identified major incident (up to 12 hours), Major emergency (up to 14 days, extendable by the Governor), and Disaster (up to 30 days, extendable by Parliament).\n*   **Sweeping powers:** During declared emergencies, officials can enter buildings without permission, force evacuations, control movement of people, require medical examinations, modify other laws temporarily, and override normal procedural requirements (like usual fairness rules).\n*   **Electricity supply emergencies:** Special rules allow the Minister to take control of the electricity grid, suspend the national spot market, and direct generators to produce power.\n*   **Protection from liability:** People acting in good faith under the Act are protected from being sued, and the Crown (government) is protected from liability for electricity emergency decisions.\n*   **COVID-19 protections:** Special provisions shield the government and officials from liability for actions taken during the COVID-19 pandemic.\n\n**Why it matters:**\n\nThis law is the legal backbone of South Australia's emergency response. It balances the need for rapid, decisive action during crises against safeguards like time limits on declarations, requirements to publish certain directions, and protections against victimisation for emergency volunteers. It essentially allows the government to temporarily bend or break normal rules when lives and property are at risk."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act originally replaced the State Disaster Act 1980 and focused on general emergency management (prevention, preparedness, response, recovery). Over 21 years, amendments have significantly expanded its scope: adding electricity supply emergencies (2017), inserting COVID-19-specific immunity and quarantine fee provisions (2020-21), broadening powers to modify other laws (e.g., procedural requirements, Controlled Substances Act), creating a new State Recovery Coordinator role (2025), and extending liability protections. The Act now covers a wider range of situations (public health incidents, electricity market crises) and grants more specific powers and exemptions than the original 2004 framework."},"complexity_factors":["Over 30 defined terms in section 3, many with complex definitions (e.g., 'emergency', 'recovery operations')","Multiple nested divisions and parts (Parts 1-6, Divisions 1-6 in Part 4, with cross-references)","Four different declaration levels with different durations, renewal processes, and powers (state of alert, identified major incident, major emergency, disaster)","Separate, detailed Division 6 for electricity supply emergencies with its own interpretation, powers, and offences","Conditional logic throughout: powers dependent on declaration type, consent requirements for prosecutions (section 28A), and exceptions to confidentiality (section 31A)","Cross-references to other Acts (e.g., Controlled Substances Act, South Australian Public Health Act, Electoral Act, National Electricity Law) and modifications of those Acts during emergencies","Amendments adding layers like quarantine fees (section 25AA), public sector mobilisation (section 26AC), and COVID-19-specific liability protection (section 32A)","Extensive legislative history with 40+ amendment entries in the table","Offence provisions with different penalties for natural persons vs bodies corporate, and director liability (section 28(2))","Transitional provisions and review requirements that add procedural complexity"],"plain_english_summary":"The **Emergency Management Act 2004** sets up South Australia's system for dealing with emergencies—from natural disasters like floods and fires to human-caused events like terrorism or electricity blackouts. It creates key roles and committees: the **State Emergency Management Committee** (SEMC) oversees planning; the **State Coordinator** (always the Police Commissioner) directs response and recovery; and the **State Recovery Coordinator** leads long-term recovery after an emergency. The Act allows for four levels of emergency declaration—**state of alert**, **identified major incident**, **major emergency**, and **disaster**—each giving progressively broader powers to direct people, take property, force evacuations, or shut off utilities. A separate **electricity supply emergency** declaration gives the Energy Minister powers over the electricity market. The Act also covers recovery operations, a relief fund, offences for non-compliance (fines up to $250,000 for electricity-related offences), and protections from liability for officials acting in good faith. It applies to governments, businesses, volunteers, and individuals. Over time, amendments added provisions for public health incidents, COVID-19 liability shields, quarantine fees, and modifications to other laws during emergencies."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/emergency-management-act-2004","history":"/api/acts/emergency-management-act-2004/history","analysis":"/api/acts/emergency-management-act-2004/analysis","conflicts":"/api/acts/emergency-management-act-2004/conflicts","importantCases":"/api/acts/emergency-management-act-2004/important-cases","documents":"/api/acts/emergency-management-act-2004/documents"}}