{"id":"emergency-management-act-2013","name":"Emergency Management Act 2013","slug":"emergency-management-act-2013","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30048,"registerId":"nt-emergency-management-act-2013-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Emergency Management Act 2013","content":"NORTHERN TERRITORY OF AUSTRALIA\nEMERGENCY MANAGEMENT ACT 2013\nAs in force at 16 July 2024\nTable of provisions\nPart 1 Preliminary matters\nDivision 1 Introductory matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\nDivision 2 Operation of Act\n3 Act binds Crown .............................................................................. 1\n4 Limitation on application of Act ........................................................ 1\n5 Interaction with other Acts ............................................................... 2\n6 Conflict of duties .............................................................................. 2\n7 Application of Criminal Code ........................................................... 2\nDivision 3 Interpretation\n8 Definitions ........................................................................................ 2\nPart 2 Emergency plans\nDivision 1 Territory emergency plan\n9 Preparation of Territory emergency plan ......................................... 5\n10 Consideration and approval of Territory emergency plan ................ 5\n11 Review of Territory emergency plan ................................................ 6\nDivision 2 Regional emergency plan\n12 Preparation of regional emergency plan .......................................... 6\n13 Approval of regional emergency plan .............................................. 6\n14 Review of regional emergency plan................................................. 7\nDivision 3 Local emergency plan\n15 Preparation of local emergency plan ............................................... 7\n16 Consideration and approval of local emergency plan ...................... 7\n17 Review of local emergency plan ...................................................... 7\n\nEmergency Management Act 2013 ii\nPart 3 Emergency management mechanisms\nDivision 1 Emergency situation\n18 When an emergency situation exists ............................................... 8\nDivision 2 State of emergency\n19 Declaration of state of emergency ................................................... 9\n20 Duration of state of emergency........................................................ 9\nDivision 3 State of disaster\n21 Declaration of state of disaster ........................................................ 9\n22 Duration of state of disaster ........................................................... 10\nDivision 4 Special powers and duties\n23 Special powers during emergency situation .................................. 10\n24 Special powers during state of emergency or disaster .................. 11\n25 Duties of Chief Executive Officers ................................................. 12\nPart 4 Emergency management structure\nDivision 1 Preliminary matters\n26 Overview of emergency management structure ............................ 12\n27 Regions ......................................................................................... 13\nDivision 2 Territory Emergency Controller\n28 Territory Emergency Controller...................................................... 13\n29 Functions of Territory Controller .................................................... 13\n30 Powers of Territory Controller ........................................................ 13\n31 Territory Controller subject to directions ........................................ 13\nDivision 3 Territory Recovery Coordinator\n32 Territory Recovery Coordinator ..................................................... 13\n33 Functions of Territory Recovery Coordinator ................................. 14\n34 Powers of Territory Recovery Coordinator..................................... 14\n35 Territory Recovery Coordinator subject to directions ..................... 14\nDivision 4 Territory Emergency Management Council\n36 Establishment of Council ............................................................... 14\n37 Functions of Council ...................................................................... 14\n38 Powers of Council.......................................................................... 15\n39 Council subject to directions .......................................................... 15\n40 Membership of Council .................................................................. 15\n\nEmergency Management Act 2013 iii\n41 How member may be appointed .................................................... 15\n42 Co-chairpersons of Council ........................................................... 15\n43 Procedures of Council ................................................................... 16\nDivision 5 Northern Territory Emergency Service\n44 Continuation of Northern Territory Emergency Service ................. 16\n45 Membership of NTES .................................................................... 16\n46 Functions of NTES ........................................................................ 16\n47 Powers of NTES ............................................................................ 16\n48 Chief Officer................................................................................... 17\n49 Functions of Commissioner ........................................................... 17\n50 Powers of Commissioner ............................................................... 17\n52 Volunteer members ....................................................................... 17\n53 Volunteer units............................................................................... 17\nDivision 6 Regional Emergency Controller\n54 Appointment of Regional Controller ............................................... 18\n55 Functions of Regional Controller ................................................... 18\n56 Powers of Regional Controller ....................................................... 19\n57 Regional Controller subject to directions ....................................... 19\nDivision 7 Regional Emergency Committee\n58 Establishment of Regional Emergency Committee........................ 19\n59 Functions of Regional Emergency Committee............................... 19\n60 Powers of Regional Emergency Committee .................................. 19\n61 Membership of Regional Emergency Committee .......................... 19\n62 How member may be appointed .................................................... 21\n63 Chairperson of Regional Emergency Committee........................... 21\n64 Procedures of Regional Emergency Committee ............................ 21\nDivision 8 Regional Recovery Coordinator\n65 Appointment of Regional Recovery Coordinator............................ 21\n66 Functions of Regional Recovery Coordinator ................................ 21\n67 Powers of Regional Recovery Coordinator .................................... 22\n68 Regional Recovery Coordinator subject to directions .................... 22\nDivision 9 Regional Recovery Coordination Committee\n69 Establishment of Regional Recovery Coordination Committee ..... 22\n70 Functions of Regional Recovery Coordination Committee ............ 22\n71 Powers of Regional Recovery Coordination Committee ................ 22\n72 Membership of Regional Recovery Coordination Committee ........ 23\n73 How member may be appointed .................................................... 24\n74 Chairperson of Regional Recovery Coordination Committee ........ 24\n75 Procedures of Regional Recovery Coordination Committee ......... 24\n\nEmergency Management Act 2013 iv\nDivision 10 Local Emergency Controller\n76 Appointment of Local Controller .................................................... 24\n77 Functions of Local Controller ......................................................... 24\n78 Powers of Local Controller............................................................. 25\n79 Local Controller subject to directions ............................................. 25\nDivision 11 Local Emergency Committee\n80 Establishment of Local Emergency Committee ............................. 25\n81 Functions of Local Emergency Committee .................................... 25\n82 Powers of Local Emergency Committee ........................................ 25\n83 Membership of Local Emergency Committee ................................ 26\n84 How member may be appointed .................................................... 26\n85 Chairperson of Local Emergency Committee ................................ 26\n86 Procedures of Local Emergency Committee ................................. 26\nDivision 12 Local Recovery Coordinator\n87 Appointment of Local Recovery Coordinator ................................. 26\n88 Functions of Local Recovery Coordinator ...................................... 27\n89 Powers of Local Recovery Coordinator ......................................... 27\n90 Local Recovery Coordinator subject to directions.......................... 27\nDivision 13 Local Recovery Coordination Committee\n91 Establishment of Local Recovery Coordination Committee ........... 27\n92 Functions of Local Recovery Coordination Committee .................. 28\n93 Powers of Local Recovery Coordination Committee ..................... 28\n94 Membership of Local Recovery Coordination Committee .............. 28\n95 How member may be appointed .................................................... 28\n96 Chairperson of Local Recovery Coordination Committee .............. 29\n97 Procedures of Local Recovery Coordination Committee ............... 29\nPart 5 Enforcement\nDivision 1 Authorised officers\n98 Authorised officers ......................................................................... 29\n99 Issue of identity card ...................................................................... 30\n100 Return of identity card ................................................................... 30\nDivision 2 Offences relating to authorised officers\n101 Failure to comply with direction ..................................................... 30\n102 Falsely representing to be authorised officer ................................. 31\n103 Obstructing authorised officer ........................................................ 31\n104 Misleading information ................................................................... 31\n\nEmergency Management Act 2013 v\nDivision 3 Miscellaneous matters\n105 Entering Aboriginal land ................................................................ 32\n106 Criminal liability of executive officer of body corporate .................. 33\nPart 6 Compensation for loss\n107 Definitions ...................................................................................... 33\n108 Limitation on compensation ........................................................... 34\n109 Application for compensation......................................................... 34\n110 Decision on application .................................................................. 34\n111 Application to court ........................................................................ 34\nPart 7 Miscellaneous matters\n112 Delegation ..................................................................................... 35\n113 Protection from liability .................................................................. 35\n114 Protection of employment .............................................................. 36\n115 Regulations.................................................................................... 36\nPart 8 Repeals and transitional matters\nDivision 1 Repeals\n116 Repeals ......................................................................................... 36\nDivision 2 Transitional matters\nSubdivision 1 Interpretation\n117 Definitions ...................................................................................... 36\nSubdivision 2 Office holders\n118 Members of Council....................................................................... 37\n119 Members of Region Counter Disaster Planning Committee .......... 37\n120 Members of Local Counter Disaster Planning Committee ............. 37\n121 Director of NTES ........................................................................... 38\n122 Regional Controllers ...................................................................... 38\n123 Local Controllers............................................................................ 38\n124 Authorized persons........................................................................ 38\n125 Voluntary members of NTES ......................................................... 38\nSubdivision 3 Instruments\n126 Regions ......................................................................................... 38\n127 Counter disaster plans ................................................................... 39\n\nEmergency Management Act 2013 vi\nPart 9 Transitional matters for Fire and\nEmergency Legislation Amendment Act\n2024\n128 Definition........................................................................................ 39\n129 Director and nominated member of Regional Emergency\nCommittee ..................................................................................... 39\n130 Actions, agreement, arrangements and plans ............................... 40\n131 Protection from liability .................................................................. 40\nSchedule 1 Procedures of emergency management\nbodies\nSchedule 2 Repealed Acts\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 16 July 2024\n____________________\nEMERGENCY MANAGEMENT ACT 2013\nAn Act to provide for matters relating to emergency management, and\nfor related matters\nPart 1 Preliminary matters\nDivision 1 Introductory matters\n1 Short title\nThis Act may be cited as the Emergency Management Act 2013.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\nDivision 2 Operation of Act\n3 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n4 Limitation on application of Act\nThis Act does not authorise a person to do, or make preparations to\ndo, any of the following:\n(a) engage in armed combat;\n(b) put down a riot or other civil disturbance;\n(c) end a strike or lockout.\n\nPart 1 Preliminary matters\nDivision 3 Interpretation\nEmergency Management Act 2013 2\n5 Interaction with other Acts\nDuring an emergency situation, state of emergency or state of\ndisaster, this Act prevails to the extent of any inconsistency with\nanother Act.\n6 Conflict of duties\n(1) This section applies to a police officer who is appointed as any of\nthe following:\n(a) a Regional Controller;\n(b) a Local Controller;\n(c) a Regional Recovery Coordinator;\n(d) a Local Recovery Coordinator.\n(2) This Act prevails to the extent of any inconsistency between the\npolice officer's duties under this Act and his or her duties under the\nPolice Administration Act 1978.\n7 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 7\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nDivision 3 Interpretation\n8 Definitions\nIn this Act:\naffected area means:\n(a) for an emergency situation – the area in which the emergency\nsituation exists; or\n(b) for a state of emergency – the area in which the state of\nemergency exists; or\n(c) for a state of disaster – the area in which the state of disaster\nexists.\n\nPart 1 Preliminary matters\nDivision 3 Interpretation\nEmergency Management Act 2013 3\napproved emergency plan means a plan approved under\nsection 10(3), 13(2) or 16(2).\nauthorised officer, see section 98.\nchairperson means:\n(a) for the Council – the co-chairpersons of the Council mentioned\nin section 42; or\n(b) for a Regional Emergency Committee – the chairperson of the\nCommittee mentioned in section 63; or\n(c) for a Regional Recovery Coordination Committee – the\nchairperson of the Committee mentioned in section 74; or\n(d) for a Local Emergency Committee – the chairperson of the\nCommittee mentioned in section 85; or\n(e) for a Local Recovery Coordination Committee – the\nchairperson of the Committee mentioned in section 96.\nChief Officer means the person holding or occupying the office of\nChief Officer mentioned in section 48(1).\nCommissioner, see section 3(1) of the Fire and Emergency\nAct 1996.\nCouncil means the Territory Emergency Management Council\nestablished by section 36.\ndisaster means an event that requires a significant coordinated\nresponse using the combined resources of the Territory,\nnon-government entities within the Territory and resources from\noutside the Territory.\nemergency means an event that requires a significant coordinated\nresponse using the combined resources of the Territory and\nnon-government entities within the Territory.\nemergency management body means any of the following:\n(a) the Council;\n(b) a Regional Emergency Committee;\n(c) a Local Emergency Committee;\n(d) a Regional Recovery Coordination Committee;\n(e) a Local Recovery Coordination Committee.\n\nPart 1 Preliminary matters\nDivision 3 Interpretation\nEmergency Management Act 2013 4\nemergency operation means an activity (including training) to\nprevent, minimise, prepare for and respond to an event.\nemergency planning means establishing plans, structures and\narrangements for future emergency and recovery operations.\nemergency situation, see section 18(1).\nevent means an occurrence, whether natural or caused by human\nacts or omissions, that:\n(a) causes or threatens to cause:\n(i) loss of, or damage to, property; or\n(ii) loss of life or injury or distress to persons; or\n(b) in any way endangers the safety of the public.\nLocal Controller, for a locality, means the Local Emergency\nController for the locality mentioned in section 76(1).\nLocal Emergency Committee, for a locality, means the Committee\nestablished for the locality under section 80.\nLocal Recovery Coordination Committee, for a locality, means\nthe Committee established for the locality under section 91.\nLocal Recovery Coordinator, for a locality, means the Local\nRecovery Coordinator for the locality mentioned in section 87.\nlocality means an area within a region.\nNorthern Territory Emergency Service means the Northern\nTerritory Emergency Service continued in existence under\nsection 44.\nNTES means Northern Territory Emergency Service.\nPower and Water Corporation means the Power and Water\nCorporation established by section 4 of the Power and Water\nCorporation Act 1987.\nrecovery operation means an activity to assist with recovery from\nthe effects of an event.\nregion means a region specified in a Gazette notice under\nsection 27.\nRegional Controller, for a region, means the Regional Emergency\nController for the region mentioned in section 54.\n\nPart 2 Emergency plans\nDivision 1 Territory emergency plan\nEmergency Management Act 2013 5\nRegional Emergency Committee, for a region, means the\nCommittee established for the region by section 58.\nRegional Recovery Coordination Committee, for a region,\nmeans the Committee established for the region by section 69.\nRegional Recovery Coordinator, for a region, means the\nRegional Recovery Coordinator for the region mentioned in\nsection 65.\nstate of disaster means a state of disaster declared under\nsection 21.\nstate of emergency means a state of emergency declared under\nsection 19.\nTerritory Controller means the Territory Emergency Controller\nmentioned in section 28.\nTerritory Recovery Coordinator means the Territory Recovery\nCoordinator mentioned in section 32.\nvolunteer member means a member of the NTES appointed under\nsection 52.\nNote for section 8\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\nPart 2 Emergency plans\nDivision 1 Territory emergency plan\n9 Preparation of Territory emergency plan\n(1) The Commissioner must ensure that an emergency plan is\nprepared for the Territory.\n(2) The plan must provide a basis for coordinated emergency and\nrecovery operations in the Territory.\n10 Consideration and approval of Territory emergency plan\n(1) The Commissioner must submit the emergency plan to the Council\nfor consideration.\n(2) Before approving the plan, the Council may:\n(a) make changes to the plan; or\n\nPart 2 Emergency plans\nDivision 2 Regional emergency plan\nEmergency Management Act 2013 6\n(b) return the plan to the Commissioner with recommended\nchanges.\n(3) The Council may approve the plan by Gazette notice specifying:\n(a) the name of the plan; and\n(b) the place (which may be a website) at which the plan can be\ninspected.\n(4) The Commissioner must ensure the plan is available for inspection\nat the place specified in the notice.\n11 Review of Territory emergency plan\nThe Commissioner must review the operation and effectiveness of\nthe approved emergency plan for the Territory at least once every\n12 months.\nDivision 2 Regional emergency plan\n12 Preparation of regional emergency plan\n(1) The Territory Controller must ensure that an emergency plan is\nprepared for each region.\n(2) The plan must provide a basis for coordinated emergency and\nrecovery operations in the region.\n13 Approval of regional emergency plan\n(1) Before approving the emergency plan, the Territory Controller must\nconsult:\n(a) the Regional Controller for the region; and\n(b) the Commissioner.\n(2) The Territory Controller may approve the plan by Gazette notice\nspecifying:\n(a) the name of the plan; and\n(b) the place (which may be a website) at which the plan can be\ninspected.\n(3) The Territory Controller must ensure the plan is available for\ninspection at the place specified in the notice.\n\nPart 2 Emergency plans\nDivision 3 Local emergency plan\nEmergency Management Act 2013 7\n14 Review of regional emergency plan\nThe Territory Controller must review the operation and\neffectiveness of the approved emergency plan for the region at\nleast once every 12 months.\nDivision 3 Local emergency plan\n15 Preparation of local emergency plan\n(1) If directed by the Council, the Territory Controller must ensure that\nan emergency plan is prepared for a locality.\n(2) The plan must provide a basis for coordinated emergency and\nrecovery operations in the locality.\n16 Consideration and approval of local emergency plan\n(1) Before approving the emergency plan, the Territory Controller must\nconsult:\n(a) the Local Controller for the locality; and\n(b) the Commissioner.\n(2) The Territory Controller may approve the plan by Gazette notice\nspecifying:\n(a) the name of the plan; and\n(b) the place (which may be a website) at which the plan can be\ninspected.\n(3) The Territory Controller must ensure the plan is available for\ninspection at the place specified in the notice.\n17 Review of local emergency plan\nThe Territory Controller must review the operation and\neffectiveness of the approved emergency plan for the locality at\nleast once every 12 months.\n\nPart 3 Emergency management mechanisms\nDivision 1 Emergency situation\nEmergency Management Act 2013 8\nPart 3 Emergency management mechanisms\nDivision 1 Emergency situation\n18 When an emergency situation exists\n(1) An emergency situation exists in an area during the following\nperiods:\n(a) from the time the Minister declares under subsection (2) that\nthe emergency situation exists until the Minister declares\nunder subsection (3) that the emergency situation no longer\nexists;\n(b) from the time a state of disaster or a state of emergency is\ndeclared for the area until the Minister declares under\nsubsection (3) that the emergency situation no longer exists in\nthe area;\n(c) from the time a tropical cyclone watch or warning is issued for\nthe area by the Bureau of Meteorology until the earlier of the\nfollowing:\n(i) the end of the 3rd day after the day the watch or warning\nis issued;\n(ii) the Minister declares under subsection (3) that the\nemergency situation no longer exists in the area.\n(2) The Minister, acting on the advice of the Council, may declare that\nan emergency situation exists in an area if:\n(a) an event has occurred or is reasonably likely to occur; and\n(b) the Minister is satisfied that the special powers under\nsection 23 are necessary in the area for effective emergency\nand recovery operations in response to the event.\n(3) The Minister, acting on the advice of the Council, may declare that\nan emergency situation no longer exists in an area if:\n(a) the Minister is satisfied that the special powers under\nsection 23 are no longer necessary in the area; and\n(b) neither a state of emergency nor a state of disaster exist in the\narea.\n\nPart 3 Emergency management mechanisms\nDivision 3 State of disaster\nEmergency Management Act 2013 9\n(4) In this section:\nBureau of Meteorology means the Commonwealth Bureau of\nMeteorology established by the Meteorology Act 1955 (Cth).\nDivision 2 State of emergency\n19 Declaration of state of emergency\nThe Minister may declare that a state of emergency exists in an\narea if:\n(a) an emergency has occurred; and\n(b) the Minister is satisfied that the special powers under\nsection 24 are necessary in the area for effective emergency\nand recovery operations in response to the emergency.\n20 Duration of state of emergency\n(1) The state of emergency:\n(a) begins as soon as it is declared; and\n(b) continues until the end of the 3rd day after the day it is\ndeclared unless, before that time:\n(i) the declaration is revoked; or\n(ii) a state of disaster is declared in the same area; or\n(iii) the declaration is extended under subsection (2).\n(2) The Minister may extend the declaration for the periods, not\nexceeding 3 days in each case, as he or she considers necessary.\nDivision 3 State of disaster\n21 Declaration of state of disaster\n(1) The Administrator may declare that a state of disaster exists in an\narea if:\n(a) a disaster has occurred; and\n(b) the Administrator is satisfied that the special powers under\nsection 24 are necessary in the area for effective emergency\nand recovery operations in response to the disaster.\n\nPart 3 Emergency management mechanisms\nDivision 4 Special powers and duties\nEmergency Management Act 2013 10\n(2) If the Administrator is unable to exercise the power to declare a\nstate of disaster, a state of disaster may be declared by 2 Ministers\nacting jointly.\n22 Duration of state of disaster\n(1) The state of disaster:\n(a) begins as soon as it is declared; and\n(b) continues until the end of the 7th day after it is declared\nunless, before that time, the declaration is:\n(i) revoked; or\n(ii) extended under subsection (2).\n(2) The Administrator may extend the declaration for the periods, not\nexceeding 14 days in each case, as he or she considers necessary.\nDivision 4 Special powers and duties\n23 Special powers during emergency situation\n(1) During an emergency situation, an authorised officer may do any of\nthe following to carry out emergency operations or recovery\noperations or to ensure adequate protection of life or property:\n(a) direct a person to evacuate from, and remain outside, a\nspecified place in the affected area;\n(b) remove or direct another person to remove a person who does\nnot comply with a direction under paragraph (a) from the\nplace;\n(c) direct the owner of anything in or near the affected area to\nremove or secure the thing;\n(d) remove or secure, or direct another person to remove or\nsecure, anything in or near the affected area if the owner of\nthe thing:\n(i) does not comply with a direction to remove or secure the\nthing under paragraph (c); or\n(ii) cannot be found within a reasonable time to give the\nowner a direction under paragraph (c);\n\nPart 3 Emergency management mechanisms\nDivision 4 Special powers and duties\nEmergency Management Act 2013 11\n(e) direct the owner or occupier of property in or near the affected\narea to place the property under the control of the authorised\nofficer.\n(2) An authorised officer, or a person acting in accordance with the\ndirections of an authorised officer, may use reasonable force to\nremove a person under subsection (1)(b) if necessary.\n(3) The cost of removing or securing a thing under subsection (1)(d) is\na debt due and payable to the Territory by the owner or occupier of\nthe thing.\n(4) An owner or occupier of property who suffers loss because the\nproperty is placed under the control of an authorised officer under\nsubsection (1)(e) is entitled to receive compensation for the loss in\naccordance with Part 6.\n24 Special powers during state of emergency or disaster\n(1) During a state of emergency or disaster, an authorised officer may\ndo any of the following to carry out emergency operations or\nrecovery operations or to ensure adequate protection of life or\nproperty:\n(a) direct a person to assist in tasks to save life or property in\nimmediate danger in the affected area;\n(b) direct the owner or person in charge of a place of business,\nworship or entertainment in the affected area to close the\nplace to the public for a specified period;\n(c) using reasonable force if necessary, enter a place in the\naffected area;\n(d) close a place open to or used by the public, including a road.\nNote for subsection (1)\nUnder section 18(1)(b), an emergency situation exists during a state of\nemergency or disaster. As a result, an authorised officer also has special powers\nunder section 23 during a state of emergency or disaster.\n(2) In this section:\nroad, see section 5(1) of the Control of Roads Act 1953.\n\nPart 4 Emergency management structure\nDivision 1 Preliminary matters\nEmergency Management Act 2013 12\n25 Duties of Chief Executive Officers\nDuring an emergency situation, a state of emergency or a state of\ndisaster, the Chief Executive Officer of an Agency must act in\naccordance with:\n(a) any relevant approved emergency plan; and\n(b) the directions of the Territory Controller in relation to\nemergency operations; and\n(c) the directions of the Territory Recovery Coordinator in relation\nto recovery operations.\nNote for section 25\nThis section applies to the Commissioner as a Chief Executive Officer.\nPart 4 Emergency management structure\nDivision 1 Preliminary matters\n26 Overview of emergency management structure\n(1) Emergency management in the Territory is organised on a\nTerritory, regional and local level.\n(2) The Council oversees all emergency management, including\nrecovery operations, in the Territory.\n(3) The Territory Controller controls and directs all emergency\noperations in the Territory and oversees the preparation of\nemergency plans for regions and localities.\n(4) The Territory Recovery Coordinator coordinates and directs all\nrecovery operations in the Territory.\n(5) Regional and Local Emergency Committees oversee emergency\nplanning and emergency operations in regions and localities.\n(6) Regional and Local Controllers supervise emergency planning and\nemergency operations in regions and localities.\n(7) Regional and Local Recovery Coordination Committees oversee\nrecovery operations in regions and localities.\n(8) Regional and Local Recovery Coordinators supervise recovery\noperations in regions and localities.\n\nPart 4 Emergency management structure\nDivision 3 Territory Recovery Coordinator\nEmergency Management Act 2013 13\n(9) The NTES conducts a wide range of emergency management\nactivities, including emergency planning, emergency operations and\nrecovery operations.\n27 Regions\nThe Council may, by Gazette notice, divide the Territory into\nregions for this Act.\nDivision 2 Territory Emergency Controller\n28 Territory Emergency Controller\nThe Commissioner of Police is the Territory Emergency Controller.\n29 Functions of Territory Controller\nThe Territory Controller has the following functions:\n(a) to control and direct emergency operations in the Territory;\n(b) to ensure emergency plans are prepared for regions and\nlocalities and to consider such plans for approval;\n(c) any other functions conferred on the Territory Controller by the\nCouncil or by this or any other Act.\n30 Powers of Territory Controller\nThe Territory Controller has the following powers:\n(a) the powers necessary to perform his or her functions;\n(b) any other powers conferred on the Territory Controller by this\nor any other Act.\n31 Territory Controller subject to directions\nThe Territory Controller is subject to the directions of the Council.\nDivision 3 Territory Recovery Coordinator\n32 Territory Recovery Coordinator\nThe Chief Executive Officer of the Department of the Chief Minister\nis the Territory Recovery Coordinator.\n\nPart 4 Emergency management structure\nDivision 4 Territory Emergency Management Council\nEmergency Management Act 2013 14\n33 Functions of Territory Recovery Coordinator\nThe Territory Recovery Coordinator has the following functions:\n(a) to coordinate and direct recovery operations in the Territory;\n(b) any other functions conferred on the Territory Recovery\nCoordinator by the Council or by this Act.\n34 Powers of Territory Recovery Coordinator\nThe Territory Recovery Coordinator has the following powers:\n(a) the powers necessary to perform his or her functions;\n(b) any other powers conferred on the Territory Recovery\nCoordinator by this Act.\n35 Territory Recovery Coordinator subject to directions\nThe Territory Recovery Coordinator is subject to the directions of\nthe Council.\nDivision 4 Territory Emergency Management Council\n36 Establishment of Council\nThe Territory Emergency Management Council is established.\n37 Functions of Council\nThe Council has the following functions:\n(a) to direct resources for emergency operations and recovery\noperations in the Territory;\n(b) to advise the Minister in relation to emergency planning,\nemergency operations and recovery operations in the\nTerritory;\n(c) to consider emergency plans for the Territory for approval;\n(d) to advise, assist and, if necessary, direct the Territory\nController, the Territory Recovery Coordinator and the\nCommissioner in the exercise of their powers and the\nperformance of their functions;\n(e) any other functions conferred on it by this or any other Act.\n\nPart 4 Emergency management structure\nDivision 4 Territory Emergency Management Council\nEmergency Management Act 2013 15\n38 Powers of Council\nThe Council has the following powers:\n(a) the powers necessary to perform its functions;\n(b) any other powers conferred on it by this or any other Act.\n39 Council subject to directions\nThe Council is subject to the directions of the Minister.\n40 Membership of Council\n(1) The Council consists of the following members:\n(a) the Territory Controller;\n(b) the Territory Recovery Coordinator;\n(c) the Commissioner;\n(ca) the Chief Officer;\n(cb) the Chief Officer as defined in section 3(1) of the Fire and\nEmergency Act 1996;\n(d) subject to subsection (2), at least 3 other members appointed\nby the Minister.\n(2) The Minister may appoint a member to represent the\nCommonwealth only with the consent of the Commonwealth.\n41 How member may be appointed\nFor section 40(1)(d), the Minister may appoint:\n(a) a person by name; or\n(b) a person by reference to the office, position or designation\nheld or occupied by the person; or\n(c) a person from time to time holding or occupying a named\noffice, position or designation.\n42 Co-chairpersons of Council\nThe Territory Controller and the Territory Recovery Coordinator are\nco-chairpersons of the Council.\n\nPart 4 Emergency management structure\nDivision 5 Northern Territory Emergency Service\nEmergency Management Act 2013 16\n43 Procedures of Council\nThe procedures of the Council are specified in Schedule 1.\nDivision 5 Northern Territory Emergency Service\n44 Continuation of Northern Territory Emergency Service\nThe Northern Territory Emergency Service that was, immediately\nbefore the commencement of section 116 of this Act, in existence\nunder section 17 of the Disasters Act 1982, continues in existence\nunder the same name.\n45 Membership of NTES\nThe NTES consists of the following members:\n(a) the Commissioner;\n(b) the Chief Officer;\n(c) each public sector employee employed in the NTES;\n(d) each volunteer member.\n46 Functions of NTES\nThe NTES has the following functions:\n(a) to conduct rescue operations, emergency operations and\nrecovery operations, whether or not a state of disaster, state\nof emergency or emergency situation exists;\n(b) to advise, assist, educate and train members of the public and\norganisations, including Agencies and volunteer organisations,\nin emergency planning and operations;\n(c) to develop and install communications and operational\nfacilities that may be required by the NTES for emergency\nplanning and emergency operations and recovery operations;\n(d) any other functions conferred on it by the Council or by this or\nany other Act.\n47 Powers of NTES\nThe NTES has the following powers:\n(a) the powers necessary to perform its functions;\n(b) any other powers conferred on it by this or any other Act.\n\nPart 4 Emergency management structure\nDivision 5 Northern Territory Emergency Service\nEmergency Management Act 2013 17\n48 Chief Officer\n(1) The Commissioner must appoint a public sector employee to be the\nChief Officer.\n(2) Subject to the directions of the Commissioner, the Chief Officer has\noperational responsibility for the NTES.\n(3) The Chief Officer has the powers necessary to perform the Chief\nOfficer's functions.\n49 Functions of Commissioner\nThe Commissioner has the following functions:\n(a) to determine the policy and procedures of the NTES;\n(c) to coordinate any Commonwealth support provided to the\nTerritory for emergency planning, emergency operations and\nrecovery operations;\n(d) to ensure emergency plans are prepared for the Territory;\n(e) to advise and assist Regional and Local Controllers in the\nperformance of their functions;\n(f) any other functions conferred on the Commissioner by the\nCouncil or by this or any other Act.\n50 Powers of Commissioner\nThe Commissioner has the following powers:\n(a) the powers necessary to perform the Commissioner's\nfunctions;\n(b) any other powers conferred on the Commissioner by this Act.\n52 Volunteer members\nThe Commissioner may appoint volunteer members of the NTES.\n53 Volunteer units\n(1) The Commissioner may establish a volunteer unit within the NTES\nfor a locality.\n(2) The Commissioner must appoint a volunteer member to be the unit\nofficer for each volunteer unit.\n\nPart 4 Emergency management structure\nDivision 6 Regional Emergency Controller\nEmergency Management Act 2013 18\n(3) The unit officer has the following functions:\n(a) to supervise the activities of the unit and ensure that the\nCommissioner's instructions and the policies and procedures\nof the NTES are complied with;\n(b) to develop the capacity of the unit to effectively carry out\nemergency operations;\n(c) during emergency operations – to maintain close liaison with\nthe Local Controller for the locality and ensure that the\nvolunteer unit provides the maximum assistance possible to\nthe Local Controller;\n(d) any other functions conferred on the unit officer by the\nCommissioner or by this Act.\n(4) The unit officer has the powers necessary to perform the officer's\nfunctions.\n(5) The unit officer is responsible for the care and maintenance of\nequipment made available to the volunteer unit by the\nCommissioner .\nDivision 6 Regional Emergency Controller\n54 Appointment of Regional Controller\nFor each region, the Territory Controller must appoint a police\nofficer to be the Regional Emergency Controller.\n55 Functions of Regional Controller\n(1) The Regional Controller for a region has the following functions:\n(a) to supervise emergency operations in the region;\n(b) to ensure that the Territory Controller's instructions, policies\nand procedures are complied with;\n(c) any other functions conferred on the Regional Controller by\nthe Territory Controller or by this Act.\n(2) The Regional Controller is responsible for the care and\nmaintenance of equipment made available to the region by the\nNTES.\n\nPart 4 Emergency management structure\nDivision 7 Regional Emergency Committee\nEmergency Management Act 2013 19\n56 Powers of Regional Controller\nThe Regional Controller for a region has the following powers:\n(a) the powers necessary to perform his or her functions;\n(b) any other powers conferred on the Regional Controller by this\nAct.\n57 Regional Controller subject to directions\nEach Regional Controller is subject to the directions of the Territory\nController.\nDivision 7 Regional Emergency Committee\n58 Establishment of Regional Emergency Committee\nA Regional Emergency Committee is established for each region.\n59 Functions of Regional Emergency Committee\nThe Regional Emergency Committee for a region has the following\nfunctions:\n(a) to direct resources for emergency operations in the region;\n(b) to advise and assist the Regional Controller of the region in\nthe exercise of his or her powers and the performance of his\nor her functions;\n(c) any other functions conferred on the Committee by the\nCouncil or by this Act.\n60 Powers of Regional Emergency Committee\nA Regional Emergency Committee for a region has the following\npowers:\n(a) the powers necessary to perform its functions;\n(b) any other powers conferred on it by this Act.\n61 Membership of Regional Emergency Committee\n(1) The Regional Emergency Committee for a region consists of the\nfollowing members:\n(a) the Regional Controller for the region;\n(b) each Local Controller for a locality in the region;\n\nPart 4 Emergency management structure\nDivision 7 Regional Emergency Committee\nEmergency Management Act 2013 20\n(c) at least 12 persons appointed by the Council as mentioned in\nsubsection (2);\n(d) any other person the Committee considers necessary or\ndesirable to appoint.\n(2) Of the persons appointed under subsection (1)(c):\n(a) one must be a member of the NTES mentioned in\nsection 45(c) and nominated by the Commissioner; and\n(b) one must be a person nominated by the Commissioner who is\na member of the Northern Territory Fire and Rescue Service,\nas established under section 5 of the Fire and Emergency\nAct 1996; and\n(c) one must be nominated by the Bushfires Council established\nunder section 21 of the Bushfires Management Act 2016; and\n(d) one must be nominated by the Chief Executive Officer of the\nAgency primarily responsible for health; and\n(e) one must be nominated by the Chief Executive Officer of the\nAgency primarily responsible for community welfare services;\nand\n(f) one must be nominated by the Chief Executive Officer of the\nAgency primarily responsible for infrastructure; and\n(g) one must be nominated by the Chief Executive Officer of the\nAgency primarily responsible for roads and transport; and\n(h) one must be nominated by the Chief Executive Officer of the\nAgency primarily responsible for education; and\n(i) one must be nominated by the Chief Executive Officer of the\nDepartment of the Chief Minister; and\n(j) one must be nominated by the Chief Executive Officer of the\nPower and Water Corporation; and\n(k) each local government council for a local government area in\n(or partly in) the region must nominate one person; and\n(l) one must be nominated by the Regional Controller for the\nregion to represent non-government welfare agencies.\n\nPart 4 Emergency management structure\nDivision 8 Regional Recovery Coordinator\nEmergency Management Act 2013 21\n62 How member may be appointed\nFor section 61(1)(c) and (d), the Council or the Committee may\nappoint:\n(a) a person by name; or\n(b) a person by reference to the office, position or designation\nheld or occupied by the person; or\n(c) a person from time to time holding or occupying a named\noffice, position or designation.\n63 Chairperson of Regional Emergency Committee\nThe Regional Controller for a region is the chairperson of the\nRegional Emergency Committee for the region.\n64 Procedures of Regional Emergency Committee\nThe procedures of each Regional Emergency Committee are\nspecified in Schedule 1.\nDivision 8 Regional Recovery Coordinator\n65 Appointment of Regional Recovery Coordinator\nThe Territory Recovery Coordinator may appoint a Regional\nRecovery Coordinator for a region that has been affected by an\nevent.\n66 Functions of Regional Recovery Coordinator\n(1) The Regional Recovery Coordinator for a region has the following\nfunctions:\n(a) to coordinate the assessment of recovery and restoration\nrequirements in the region;\n(b) to direct and coordinate recovery operations in the region in\naccordance with any relevant approved emergency plan;\n(c) to ensure that the Territory Recovery Coordinator's\ninstructions, policies and procedures are complied with;\n(d) any other functions conferred on the Regional Recovery\nCoordinator by the Territory Recovery Coordinator or by this\nAct.\n\nPart 4 Emergency management structure\nDivision 9 Regional Recovery Coordination Committee\nEmergency Management Act 2013 22\n(2) The Regional Recovery Coordinator is responsible for the care and\nmaintenance of equipment made available to the region by the\nTerritory.\n67 Powers of Regional Recovery Coordinator\nThe Regional Recovery Coordinator for a region has the following\npowers:\n(a) the powers necessary to perform his or her functions;\n(b) any other powers conferred on the Regional Recovery\nCoordinator by this Act.\n68 Regional Recovery Coordinator subject to directions\nThe Regional Recovery Coordinator for a region is subject to the\ndirections of the Territory Recovery Coordinator.\nDivision 9 Regional Recovery Coordination Committee\n69 Establishment of Regional Recovery Coordination Committee\nIf a Regional Recovery Coordinator is appointed for a region, a\nRegional Recovery Coordination Committee for the region is\nestablished.\n70 Functions of Regional Recovery Coordination Committee\nA Regional Recovery Coordination Committee for a region has the\nfollowing functions:\n(a) to direct resources for recovery operations in the region;\n(b) to advise and assist the Regional Recovery Coordinator for\nthe region in the exercise of his or her powers and the\nperformance of his or her functions;\n(c) any other functions conferred on it by the Territory Recovery\nCoordinator or this Act.\n71 Powers of Regional Recovery Coordination Committee\nA Regional Recovery Coordination Committee has the following\npowers:\n(a) the powers necessary to perform its functions;\n(b) any other powers conferred on it by this Act.\n\nPart 4 Emergency management structure\nDivision 9 Regional Recovery Coordination Committee\nEmergency Management Act 2013 23\n72 Membership of Regional Recovery Coordination Committee\n(1) The Regional Recovery Coordination Committee for a region\nconsists of the following members:\n(a) the Regional Recovery Coordinator for the region;\n(b) the Regional Controller for the region;\n(c) each Local Recovery Coordinator for a locality in (or partly in)\nthe region;\n(d) at least 11 persons appointed by the Council as mentioned in\nsubsection (2);\n(e) any other person the Committee considers necessary or\ndesirable to appoint.\n(2) Of the persons appointed under subsection (1)(d):\n(a) one must be a member of the NTES mentioned in\nsection 45(c) and nominated by the Commissioner; and\n(b) one must be nominated by the Chief Executive Officer of the\nAgency primarily responsible for health; and\n(c) one must be nominated by the Chief Executive Officer of the\nAgency primarily responsible for community welfare services;\nand\n(d) one must be nominated by the Chief Executive Officer of the\nAgency primarily responsible for public housing; and\n(e) one must be nominated by the Chief Executive Officer of the\nAgency primarily responsible for infrastructure; and\n(f) one must be nominated by the Chief Executive Officer of the\nAgency primarily responsible for roads and transport; and\n(g) one must be nominated by the Chief Executive Officer of the\nAgency primarily responsible for education; and\n(h) one must be nominated by the Chief Executive Officer of the\nDepartment of the Chief Minister; and\n(i) one must be nominated by the Chief Executive Officer of the\nPower and Water Corporation; and\n(j) each local government council for a local government area in\n(or partly in) the region must nominate one person; and\n\nPart 4 Emergency management structure\nDivision 10 Local Emergency Controller\nEmergency Management Act 2013 24\n(k) one must be nominated by the Regional Recovery Coordinator\nfor the region to represent non-government welfare agencies.\n73 How member may be appointed\nFor section 72(1)(d) and (e), the Council or the Committee may\nappoint:\n(a) a person by name; or\n(b) a person by reference to the office, position or designation\nheld or occupied by the person; or\n(c) a person from time to time holding or occupying a named\noffice, position or designation.\n74 Chairperson of Regional Recovery Coordination Committee\nThe Regional Recovery Coordinator for a region is the chairperson\nof the Regional Recovery Coordination Committee for the region.\n75 Procedures of Regional Recovery Coordination Committee\nThe procedures of each Regional Recovery Coordination\nCommittee are specified in Schedule 1.\nDivision 10 Local Emergency Controller\n76 Appointment of Local Controller\n(1) The Territory Controller may appoint a Local Emergency Controller\nfor a locality if the Territory Controller considers it necessary to do\nso.\n(2) The person appointed must be:\n(a) if a police station is situated in the locality – the officer in\ncharge of the police station; or\n(b) otherwise – either:\n(i) a resident of the locality; or\n(ii) a police officer.\n77 Functions of Local Controller\n(1) The Local Controller for a locality has the following functions:\n(a) to supervise emergency operations in the locality;\n\nPart 4 Emergency management structure\nDivision 11 Local Emergency Committee\nEmergency Management Act 2013 25\n(b) to ensure that the instructions, policies and procedures of the\nTerritory Controller and the Regional Controller for the region\nin which the locality is located are complied with;\n(c) any other functions conferred on the Local Controller by the\nTerritory Controller, the Regional Controller or by this Act.\n(2) The Local Controller is responsible for the care and maintenance of\nequipment made available to him or her by the NTES.\n78 Powers of Local Controller\nThe Local Controller for a locality has the following powers:\n(a) the powers necessary to perform his or her functions;\n(b) any other powers conferred on the Local Controller by this Act.\n79 Local Controller subject to directions\nThe Local Controller is subject to the directions of the Regional\nController for the region in which the locality is located.\nDivision 11 Local Emergency Committee\n80 Establishment of Local Emergency Committee\nIf a Local Controller has been appointed for a locality, the Territory\nController may establish a Local Emergency Committee for the\nlocality.\n81 Functions of Local Emergency Committee\nThe Local Emergency Committee for a locality has the following\nfunctions:\n(a) to advise and assist the Local Controller for the locality in the\nexercise of his or her powers and the performance of his or\nher functions;\n(b) any other functions conferred on the Committee by the\nCouncil or by this Act.\n82 Powers of Local Emergency Committee\nThe Local Emergency Committee has the following powers:\n(a) the powers necessary to perform its functions;\n(b) any other powers specified by this Act.\n\nPart 4 Emergency management structure\nDivision 12 Local Recovery Coordinator\nEmergency Management Act 2013 26\n83 Membership of Local Emergency Committee\nThe Local Emergency Committee for a locality consists of the\nfollowing members:\n(a) the Local Controller for the locality;\n(b) one person (who must be a member of the NTES mentioned\nin section 45(c)) appointed by the Council on the nomination\nof the Commissioner;\n(c) any other person the Committee considers necessary or\ndesirable to appoint.\n84 How member may be appointed\nFor section 83(b) and (c), the Council or the Committee may\nappoint:\n(a) a person by name; or\n(b) a person by reference to the office, position or designation\nheld or occupied by the person; or\n(c) a person from time to time holding or occupying a named\noffice, position or designation.\n85 Chairperson of Local Emergency Committee\nThe Local Controller for a locality is the chairperson of the Local\nEmergency Committee for the locality.\n86 Procedures of Local Emergency Committee\nThe procedures of each Local Emergency Committee are specified\nin Schedule 1.\nDivision 12 Local Recovery Coordinator\n87 Appointment of Local Recovery Coordinator\nThe Regional Recovery Coordinator for a region that has been\naffected by an event may appoint a Local Recovery Coordinator for\na locality within the region.\n\nPart 4 Emergency management structure\nDivision 13 Local Recovery Coordination Committee\nEmergency Management Act 2013 27\n88 Functions of Local Recovery Coordinator\n(1) The Local Recovery Coordinator for a locality has the following\nfunctions:\n(a) to coordinate the assessment of recovery and restoration\nrequirements in the locality;\n(b) to direct and coordinate recovery operations in the locality in\naccordance with any relevant approved emergency plan;\n(c) to ensure that the instructions, policies and procedures of the\nTerritory Recovery Coordinator and the Regional Recovery\nCoordinator for the region in which the locality is located are\ncomplied with;\n(d) any other functions conferred on the Local Recovery\nCoordinator by the Territory Recovery Coordinator, the\nRegional Recovery Coordinator or by this Act.\n(2) The Local Recovery Coordinator is responsible for the care and\nmaintenance of equipment made available to the Local Recovery\nCoordinator by the Territory.\n89 Powers of Local Recovery Coordinator\nThe Local Recovery Coordinator for a locality has the following\npowers:\n(a) the powers necessary to perform his or her functions;\n(b) any other powers conferred on the Local Recovery\nCoordinator by this or any other Act.\n90 Local Recovery Coordinator subject to directions\nThe Local Recovery Coordinator for a locality is subject to the\ndirections of the Regional Recovery Coordinator for the region in\nwhich the locality is located.\nDivision 13 Local Recovery Coordination Committee\n91 Establishment of Local Recovery Coordination Committee\nIf a Local Recovery Coordinator is appointed for a locality, the\nTerritory Recovery Coordinator may establish a Local Recovery\nCoordination Committee for the locality.\n\nPart 4 Emergency management structure\nDivision 13 Local Recovery Coordination Committee\nEmergency Management Act 2013 28\n92 Functions of Local Recovery Coordination Committee\nThe Local Recovery Coordination Committee for a locality has the\nfollowing functions:\n(a) to direct resources for recovery operations in the locality;\n(b) to advise and assist the Local Recovery Coordinator for the\nlocality in the exercise of his or her powers and the\nperformance of his or her functions;\n(c) any other functions conferred on it by the Territory Recovery\nCoordinator or the Regional Recovery Coordinator for the\nregion in which the locality is located.\n93 Powers of Local Recovery Coordination Committee\nThe Local Recovery Coordination Committee has the following\npowers:\n(a) the powers necessary to perform its functions;\n(b) any other powers conferred on it by this Act.\n94 Membership of Local Recovery Coordination Committee\nThe Local Recovery Coordination Committee for a locality consists\nof the following members:\n(a) the Local Recovery Coordinator for the locality;\n(b) the Local Controller for the locality;\n(c) any other person the Committee considers necessary or\ndesirable to appoint.\n95 How member may be appointed\nFor section 94(c), the Committee may appoint:\n(a) a person by name; or\n(b) a person by reference to the office, position or designation\nheld or occupied by the person; or\n(c) a person from time to time holding or occupying a named\noffice, position or designation.\n\nPart 5 Enforcement\nDivision 1 Authorised officers\nEmergency Management Act 2013 29\n96 Chairperson of Local Recovery Coordination Committee\nThe Local Recovery Coordinator for a locality is the chairperson of\nthe Local Recovery Committee for the locality.\n97 Procedures of Local Recovery Coordination Committee\nThe procedures of each Local Recovery Committee are specified in\nSchedule 1.\nPart 5 Enforcement\nDivision 1 Authorised officers\n98 Authorised officers\n(1) Each of the following is an authorised officer:\n(a) the Territory Controller;\n(b) the Territory Recovery Coordinator;\n(c) the Commissioner;\n(ca) the Chief Officer;\n(cb) the Chief Officer as defined in section 3(1) of the Fire and\nEmergency Act 1996;\n(d) within a region:\n(i) the Regional Controller for the region; and\n(ii) the Regional Recovery Coordinator for the region;\n(e) within a locality:\n(i) the Local Controller for the locality; and\n(ii) the Local Recovery Coordinator for the locality;\n(f) a police officer;\n(g) a person appointed under subsection (2).\n(2) A person mentioned in subsection (1)(a) to (e) may appoint another\nperson to be an authorised officer.\n\nPart 5 Enforcement\nDivision 2 Offences relating to authorised officers\nEmergency Management Act 2013 30\n99 Issue of identity card\n(1) The Commissioner must give each authorised officer who is not a\npolice officer an identity card stating the person's name and that the\nperson is an authorised officer.\n(2) The identity card must:\n(a) show a recent photograph of the authorised officer; and\n(b) show the card's date of issue; and\n(c) be signed by the authorised officer.\n100 Return of identity card\n(1) A person who ceases to be an authorised officer must return the\nperson's identity card to the Commissioner within 21 days after the\ncessation.\nMaximum penalty: 20 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\nDivision 2 Offences relating to authorised officers\n101 Failure to comply with direction\n(1) A person commits an offence if:\n(a) an authorised officer gives the person a direction under\nsection 23(1)(a), (c) or (e) or 24(1)(a) or (b); and\n(b) the person knows the other person is an authorised officer\nacting in an official capacity; and\n(c) the person engages in conduct that results in a contravention\nof the direction.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant establishes a reasonable excuse.\n\nPart 5 Enforcement\nDivision 2 Offences relating to authorised officers\nEmergency Management Act 2013 31\n102 Falsely representing to be authorised officer\n(1) A person commits an offence if the person:\n(a) represents, by words or conduct, that the person or another\nperson is an authorised officer; and\n(b) the representation is false; and\n(c) the person makes the representation intending to deceive.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(b).\n103 Obstructing authorised officer\n(1) A person commits an offence if:\n(a) the person obstructs another person acting in an official\ncapacity as an authorised officer; and\n(b) the person knows the other person is an authorised officer\nacting in an official capacity.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) In this section:\nacting in an official capacity, in relation to an authorised officer,\nmeans the officer is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Act.\nobstruct includes hinder and resist.\n104 Misleading information\n(1) A person commits an offence if:\n(a) the person gives information to an another person; and\n(b) the other person is an authorised officer; and\n(c) the person knows the information is misleading; and\n\nPart 5 Enforcement\nDivision 3 Miscellaneous matters\nEmergency Management Act 2013 32\n(d) the person knows the authorised officer is acting in an official\ncapacity.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n(2) A person commits an offence if:\n(a) the person gives a document to an another person; and\n(b) the other person is an authorised officer; and\n(c) the person knows the document contains misleading\ninformation; and\n(d) the person knows the authorised officer is acting in an official\ncapacity.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the attention\nof the authorised officer; and\n(b) to the extent to which the person can reasonably do so – gives\nthe authorised officer the information necessary to remedy the\nmisleading aspect of the document.\n(5) In this section:\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\nDivision 3 Miscellaneous matters\n105 Entering Aboriginal land\n(1) An authorised officer may enter and remain on Aboriginal land (as\ndefined in section 3 of the Aboriginal Land Act 1978) if it is\nreasonably necessary to do so for the authorised officer to exercise\na power or to perform a function under this Act.\n\nPart 6 Compensation for loss\nEmergency Management Act 2013 33\n(2) Subsection (1):\n(a) has effect despite any law in force in the Territory; and\n(b) does not affect the operation of any other provision of this Act.\n106 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence under this Act (the\nrelevant offence); and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the commission of the offence;\nand\n(c) the officer failed to take reasonable steps to prevent the\ncommission of the offence; and\n(d) the officer was reckless about whether the commission of the\noffence would happen.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) This section does not affect the liability of the body corporate for the\nrelevant offence.\n(3) This section applies whether or not the body corporate is\nprosecuted for, or convicted of, the relevant offence.\n(4) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(5) In this section:\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\nPart 6 Compensation for loss\n107 Definitions\nIn this Part:\nclaimant means the owner or occupier of property who suffers loss\nbecause the property is placed under the control of an authorised\nofficer under section 23(1)(e).\n\nPart 6 Compensation for loss\nEmergency Management Act 2013 34\n108 Limitation on compensation\nA claimant is not entitled to compensation from the Territory for a\nloss to the extent:\n(a) of any amount recovered or recoverable for the loss by the\nclaimant under an insurance policy; or\n(b) that the conduct of the claimant contributed to the loss.\n109 Application for compensation\n(1) The claimant may apply, in writing, to the Minister for\ncompensation.\n(2) The application must state particulars of the loss, the amount\nclaimed and the basis for the amount claimed.\n110 Decision on application\n(1) The Minister must decide the application within 28 days after\nreceiving it.\n(2) If the Minister is satisfied that the claimant is entitled to\ncompensation, the Minister must accept the claim by giving written\nnotice of acceptance to the claimant setting out:\n(a) an offer to the claimant of the amount of compensation to\nwhich the Minister considers the claimant is entitled; and\n(b) an explanation of how the amount was decided.\n(3) The claimant may, in writing:\n(a) accept the offer; or\n(b) reject the offer.\n(4) If the claimant accepts the offer, the Territory must pay the amount\nto the claimant.\n(5) If the Minister does not decide the application within 28 days after\nreceiving it, the Minister is taken to have refused to pay\ncompensation.\n111 Application to court\nIf the Minister refuses to pay compensation or the claimant does not\naccept an offer of compensation, the claimant may apply to a court\nof competent jurisdiction to recover from the Territory the\nreasonable compensation that the court decides.\n\nPart 7 Miscellaneous matters\nEmergency Management Act 2013 35\nPart 7 Miscellaneous matters\n112 Delegation\n(1) Each of the following persons may delegate any of the person's\npowers and functions under this Act to another person:\n(a) the Minister;\n(b) the Territory Controller;\n(c) the Territory Recovery Coordinator;\n(d) the Commissioner;\n(e) a Regional Controller;\n(f) a Regional Recovery Coordinator;\n(g) a Local Controller;\n(h) a Local Recovery Coordinator.\n(2) However:\n(a) a Local Controller for a locality must not delegate any of the\nLocal Controller's powers or functions without the written\napproval of the Regional Controller for the region in which the\nlocality is located; and\n(b) a Local Recovery Coordinator for a locality must not delegate\nany of the Local Controller's powers or functions without the\nwritten approval of the Regional Recovery Coordinator for the\nregion in which the locality is located.\n113 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) a member of an emergency management body;\n(b) an authorised officer;\n(c) a member of the NTES.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n\nPart 8 Repeals and transitional matters\nDivision 2 Transitional matters\nSubdivision 1 Interpretation\nEmergency Management Act 2013 36\n(3) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n114 Protection of employment\n(1) This section applies if:\n(a) a person is required to conduct or assist in the conduct of\nfunctions under this Act during an emergency situation, a state\nof emergency or a state of disaster; and\n(b) as a result, the person is absent from his or her usual\nemployment.\n(2) The person is not liable for dismissal or loss of any of his or her\nusual employment rights or benefits (including long service leave,\nsick leave and recreation leave) only because the person is absent,\nwhether or not the person's employer has consented to the\nabsence.\n115 Regulations\nThe Administrator may make regulations under this Act.\nPart 8 Repeals and transitional matters\nDivision 1 Repeals\n116 Repeals\nThe Acts specified in Schedule 2 are repealed.\nDivision 2 Transitional matters\nSubdivision 1 Interpretation\n117 Definitions\nIn this Division:\ncommencement day means the day on which section 116\ncommences.\n\nPart 8 Repeals and transitional matters\nDivision 2 Transitional matters\nSubdivision 2 Office holders\nEmergency Management Act 2013 37\nrepealed Act means the Disasters Act 1982 as in force\nimmediately before the commencement day.\nSubdivision 2 Office holders\n118 Members of Council\nA person who, immediately before the commencement day, was a\nmember of the Northern Territory Counter Disaster Council\nappointed under section 7(2)(c) of the repealed Act is taken to be a\nmember of the Territory Emergency Management Council\nappointed under section 40(1)(d) of this Act.\n119 Members of Region Counter Disaster Planning Committee\nA person who, immediately before the commencement day, was a\nmember of a Region Counter Disaster Planning Committee for a\nregion appointed under:\n(a) section 24(1)(b) of the repealed Act, is taken to be a member\nof the Regional Emergency Committee for the region\nappointed under section 61(1)(c) of this Act with reference to\nsection 61(2)(a); and\n(b) section 24(1)(c) of the repealed Act, is taken to be a member\nof the Regional Emergency Committee for the region\nappointed under section 61(1)(c) of this Act with reference to\nsection 61(2)(b); and\n(c) section 24(1)(d) of the repealed Act, is taken to be a member\nof the Regional Emergency Committee for the region\nappointed under section 61(1)(c) of this Act with reference to\nsection 61(2)(c); and\n(d) section 24(1)(g) of the repealed Act, is taken to be a member\nof the Regional Emergency Committee for the region\nappointed under section 61(1)(c) of this Act with reference to\nsection 61(2)(l).\n120 Members of Local Counter Disaster Planning Committee\nA person who, immediately before the commencement day, was a\nmember of a Local Counter Disaster Council for a locality appointed\nunder section 30(1)(b) of the repealed Act, is taken to be a member\nof the Local Emergency Committee for the locality appointed under\nsection 83(b) of this Act.\n\nPart 8 Repeals and transitional matters\nDivision 2 Transitional matters\nSubdivision 3 Instruments\nEmergency Management Act 2013 38\n121 Director of NTES\nThe person who, immediately before the commencement day, was\nthe Director of the NTES under section 14 of the repealed Act, is\ntaken to be the Director appointed under section 48 of this Act.\n122 Regional Controllers\nA person who, immediately before the commencement day, was a\nRegional Counter Disaster Controller for a region appointed under\nsection 22 of the repealed Act, is taken to be the Regional\nEmergency Controller for the region appointed under section 54 of\nthis Act.\n123 Local Controllers\nA person who, immediately before the commencement day, was a\nLocal Counter Disaster Controller for a locality appointed under\nsection 28 of the repealed Act, is taken to be the Local Emergency\nController for the locality appointed under section 76 of this Act.\n124 Authorized persons\nA person who, immediately before the commencement day, was an\nauthorized person as defined in sections 37(4) and 38(5) of the\nrepealed Act, is taken to be an authorised officer appointed under\nsection 98(2) of this Act.\n125 Voluntary members of NTES\nA person who, immediately before the commencement day, was a\nvoluntary member as defined in section 4 of the repealed Act is\ntaken to be a volunteer member of the NTES appointed under\nsection 52 of this Act.\nSubdivision 3 Instruments\n126 Regions\nA notice of a division of the Territory into regions published in the\nGazette under section 9(2)(b) of the repealed Act and in force\nimmediately before the commencement day, is taken to be a notice\ndividing the Territory into regions published in the Gazette under\nsection 27 of this Act.\n\nPart 9 Transitional matters for Fire and Emergency Legislation Amendment Act 2024\nEmergency Management Act 2013 39\n127 Counter disaster plans\n(1) A counter disaster plan for the Territory approved by the Northern\nTerritory Counter Disaster Council under section 9(1)(b) of the\nrepealed Act and in force immediately before the commencement\nday, is taken to be an approved emergency plan for the Territory\napproved by the Territory Emergency Management Council under\nsection 10(3) of this Act.\n(2) A counter disaster plan for a region approved by the Northern\nTerritory Counter Disaster Council under section 9(1)(b) of the\nrepealed Act and in force immediately before the commencement\nday, is taken to be an approved emergency plan for the region\napproved by the Territory Controller under section 13(2) of this Act.\n(3) A counter disaster plan for a locality approved by the Northern\nTerritory Counter Disaster Council under section 9(1)(b) of the\nrepealed Act and in force immediately before the commencement\nday, is taken to be an approved emergency plan for the locality\napproved by the Territory Controller under section 16(2) of this Act.\n(4) The Director must ensure a plan mentioned in subsection (1) is\navailable for inspection by the public.\n(5) The Territory Controller must ensure a plan mentioned in\nsubsection (2) or (3) is available for inspection by the public.\nPart 9 Transitional matters for Fire and Emergency\nLegislation Amendment Act 2024\n128 Definition\nIn this Part:\ncommencement means commencement of section 3 of the Fire\nand Emergency Legislation Amendment Act 2024.\n129 Director and nominated member of Regional Emergency\nCommittee\n(1) The person who, immediately before the commencement, was the\nDirector appointed under section 48, is taken, on the\ncommencement, to be the Chief Officer.\n(2) The person who was nominated under section 61(2)(b) and,\nimmediately before the commencement, was a member of a\nRegional Emergency Committee and continues as a member after\ncommencement in accordance with the person's appointment.\n\nPart 9 Transitional matters for Fire and Emergency Legislation Amendment Act 2024\nEmergency Management Act 2013 40\n130 Actions, agreement, arrangements and plans\nAny action, agreement, arrangement, plan or other thing taken,\nmade, prepared or done by the Director and in effect immediately\nbefore the commencement is taken, after the commencement, to be\ntaken, made or done by the Commissioner.\n131 Protection from liability\nSection 113 continues to apply to any act done or omitted to be\ndone in good faith in the exercise of a power or performance of a\nfunction by the Director before the commencement.\n\nSchedule 1 Procedures of emergency management bodies\nEmergency Management Act 2013 41\nSchedule 1 Procedures of emergency management bodies\nsections 43, 64, 75, 86 and 97\n1 Procedures\nSubject to this Act, an emergency management body may\ndetermine its own procedures.\n2 Meetings\nThe chairperson of an emergency management body may convene\na meeting of the body at any time.\n3 Quorum at meeting\n(1) The quorum for a meeting of an emergency management body is a\nmajority of members of the body, including the chairperson.\n(2) If a member of an emergency management body is unable to\nattend a meeting, the member may, in writing, appoint a person to\nattend the meeting as the member's proxy.\n4 Presiding member at meeting\nA meeting of an emergency management body must be presided\nover by the chairperson of the body.\n5 Voting at meeting – Council\n(1) A decision at a meeting of the Council is determined by the majority\nvote of members present and voting.\n(2) If there is an equality of votes:\n(a) the co-chairpersons have a joint casting vote; and\n(b) if the co-chairpersons cannot agree how to cast the joint\ncasting vote – the decision must be referred to the Minister for\ndetermination.\n6 Voting at meeting – other bodies\n(1) A decision at a meeting of an emergency management body other\nthan the Council is determined by the majority vote of members\npresent and voting.\n(2) If there is an equality of votes, the chairperson has a casting vote.\n\nSchedule 1 Procedures of emergency management bodies\nEmergency Management Act 2013 42\n7 Records of meetings\nAn emergency management body must keep accurate records of its\nmeetings.\n\nSchedule 2 Repealed Acts\nEmergency Management Act 2013 43\nSchedule 2 Repealed Acts\nsection 116\nDisasters Act 1982 Act No. 96 of 1982\nDisasters Amendment Act 1988 Act No. 52 of 1988\nDisasters Amendment Act 2007 Act No. 21 of 2007\n\nENDNOTES\nEmergency Management Act 2013 44\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nEmergency Management Act 2013 (Act No. 27, 2013)\nAssent date 8 November 2013\nCommenced 27 November 2013 (Gaz S63, 27 November 2013)\nBushfires Management Act 2016 (Act No. 14, 2016)\nAssent date 7 June 2016\nCommenced 1 November 2016 (Gaz S111, 27 October 2016)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem 1 July 2021 (Gaz S27, 30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nFire and Emergency Legislation Amendment Act 2024 (Act No. 5, 2024)\nAssent date 14 March 2024\nCommenced 16 July 2024 (Gaz S67, 15 July 2024)\n\nENDNOTES\nEmergency Management Act 2013 45\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 6, 8, 24, 44, 61 and 105\nand Sch 3 and 4.\n4 LIST OF AMENDMENTS\ns 8 amd No. 39, 2019, s 370; No. 5, 2024, s 4\nss 9 – 11 amd No. 5, 2024, s 16\ns 13 amd No. 5, 2024, s 16\ns 16 amd No. 5, 2024, s 16\ns 18 amd No. 26, 2020, s 3\ns 25 amd No. 5, 2024, s 5\ns 37 amd No. 5, 2024, s 16\ns 40 amd No. 5, 2024, s 6\ns 45 amd No. 5, 2024, s 7\ns 48 sub No. 5, 2024, s 8\ns 49 amd No. 5, 2024, s 9\ns 50 amd No. 5, 2024, s 10\ns 51 rep No. 5, 2024, s 11\nss 52 – 53 amd No. 5, 2024, s 16\ns 61 amd No. 14, 2016, s 120; No. 5, 2024, s 12\ns 72 amd No. 5, 2024, s 16\ns 83 amd No. 5, 2024, s 16\ns 98 amd No. 5, 2024, s 13\nss 99 – 100 amd No. 5, 2024, s 16\ns 112 amd No. 5, 2024, s 16\npt 9 hdg sub No. 5, 2024, s 14\nss 128 – 129 sub No. 5, 2024, s 14\nss 130 – 131 ins No. 5, 2024, s 14\nsch 3 – 4 rep No. 5, 2024, s 15","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act replaces the Disasters Act 1982 (Sch 2, s 116) and carries over many existing office‑holders and plans into the new framework (ss 118–126, 127). Subsequent amendments in 2024 adjust office titles and allocations of functions (Part 9, ss 128–131). Mechanically, the statute preserves core emergency and recovery functions while reconfiguring institutional roles and updating transitional arrangements; it therefore changes statutory form and some role allocations though it retains the substantive emergency-management remit."},"complexity_factors":["Layered governance across Territory, regional and local levels with multiple committees and coordinators (ss 26–35, 36–75, 76–97) increases coordination and appointment complexity.","Wide discretionary powers to declare emergency situations, states of emergency or disaster vested in Minister and Administrator (ss 18–22) concentrate decision-making authority.","Operational powers for authorised officers include evacuation, entry, use of reasonable force, closure of public places and control of property (ss 23–24, 98) creating significant compliance and rights-impact issues.","Penalties and enforcement provisions with strict-liability elements and high maximum penalties for non-compliance, obstruction and misleading officers (ss 99–104) raise legal risk for individuals and organisations.","Compensation regime limits recoveries by insurance and contributory conduct and requires Ministerial decision with court review available (ss 107–111), placing financial and evidentiary burdens on claimants.","Delegation, protection from liability and protection of employment are broadly provided but subject to conditions, creating administrative discretion and potential indemnity gaps (ss 112–114).","Interaction and precedence over other Acts during declared events, and application of the Criminal Code, create legal interaction complexity (ss 5, 7).","Repeals and transitional arrangements, including re-stating prior office-holders and amendments from the Fire and Emergency Legislation Amendment Act 2024, add transitional legal complexity (ss 116, 118–131; Sch 2)."],"plain_english_summary":"This Act establishes a territorial emergency-management system: it creates the Council, appoints Territory, regional and local controllers and recovery coordinators, requires emergency plans, and gives authorised officers powers to order evacuations, enter or close premises and take control of property. It affects government Agencies, police, NTES volunteers, local councils and property owners. The Minister/Administrator and Council decide declarations and plans; owners may pay for securing property but can seek compensation from the Territory for control-related loss (ss 9–24, 25, 98, 23(3), 107–111)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a comprehensive emergency management framework. The 2024 amendments (Fire and Emergency Legislation Amendment Act) appear to be technical adjustments aligning the Act with the Fire and Emergency Act 1996, including changing the title of 'Director' to 'Chief Officer' and adjusting committee membership requirements. The core architecture established in 2013 remains intact."},"complexity_factors":["Multiple nested definitions: 'event' → 'emergency' → 'state of emergency' vs 'disaster' → 'state of disaster', with subtle distinctions between emergency situations, states of emergency, and states of disaster","Extensive cross-referencing between Parts, particularly between the emergency management structure (Part 4) and enforcement powers (Part 5)","Numerous office holders with overlapping but distinct functions: Territory Controller vs Territory Recovery Coordinator vs Commissioner vs Chief Officer, plus regional and local equivalents","Conditional appointment rules: Local Controllers must be police officers if a police station exists, otherwise can be residents (section 76)","Complex membership requirements for committees: Regional Emergency Committee requires exactly 12+ members with specific nominating bodies specified (section 61(2))","Transitional provisions spanning two major legislative changes (repeal of 1982 Act and 2024 amendments) with preserved appointments and instruments","Interaction clauses determining precedence over other Acts during emergencies (sections 5-6)","Strict liability offences with specific defences (sections 100, 101, 102, 104)"],"plain_english_summary":"The Act is the Northern Territory’s rulebook for responding to cyclones, floods, bushfires and other major incidents. It creates a tiered command and emergency-declaration system, vests operational control in a Territory Emergency Controller and recovery in a Territory Recovery Coordinator, and empowers agencies and volunteers to act while providing legal protections and compensation for taken property.\n\nIt affects everyone in the NT during emergencies—residents, police, agency heads, volunteers and businesses—by authorising evacuations, controls and coordinated response."}},"importantCases":[],"_links":{"self":"/api/acts/emergency-management-act-2013","history":"/api/acts/emergency-management-act-2013/history","analysis":"/api/acts/emergency-management-act-2013/analysis","conflicts":"/api/acts/emergency-management-act-2013/conflicts","importantCases":"/api/acts/emergency-management-act-2013/important-cases","documents":"/api/acts/emergency-management-act-2013/documents"}}