8Application of this Ordinance—emergencies

8  Application of this Ordinance—emergencies

 (1) This Ordinance (other than Part 5—Drug and alcohol offences) does not apply to:

 (a) the exercise, or purported exercise, by a relevant person of a function under the Emergencies Act 2004 (ACT) for the purpose of:

 (i) protecting life or property; or

 (ii) controlling, extinguishing or preventing the spread of a fire; or

 (b) action by:

 (i) an authorised officer (within the meaning of section 14 of the Environment Protection Act 1997 (ACT)); or

 (ii) a person acting under the direction of such an authorised officer;

  to prevent, minimise or remedy serious or material environmental harm under Division 11.3 (Emergency powers) of Part 11 of the Environment Protection Act 1997 (ACT).

Note 1: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Note 2: An authorised officer includes the Environment Protection Authority appointed under the Environment Protection Act 1997 (ACT) (see section 14 of that Act).

 (2) A person is a relevant person for the purposes of paragraph (1)(a) if the person is:

 (a) a member of any of the following services:

 (i) the ACT Ambulance Service;

 (ii) the ACT Fire and Rescue Service;

 (iii) the ACT Rural Fire Service;

 (iv) the ACT State Emergency Service; or

 (b) any other person under the control of the chief officer (within the meaning of the Emergencies Act 2004 (ACT)) for a service mentioned in paragraph (a); or

 (c) an emergency controller (within the meaning of that Act); or

 (d) any other person under the control of an emergency controller (within the meaning of that Act); or

 (e) a police officer.

 (3) A reference in this section to:

 (a) the Emergencies Act 2004 (ACT); or

 (b) the Environment Protection Act 1997 (ACT);

is a reference to that Act as in force at the commencement of this Ordinance.