Christmas Island Emergency Management Ordinance 2012
17Administrator may make state of emergency declaration
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17 Administrator may make state of emergency declaration
(1) The Administrator may declare that a state of emergency exists in the Territory or part of the Territory if he or she is satisfied that: (a) an emergency has occurred, is occurring or is imminent; and (b) extraordinary measures are required to prevent or minimise any of the following: (i) loss of life of humans or animals; (ii) illness of, or injury to, humans or animals; (iii) property loss or damage; (iv) damage to the environment. (1A) The Administrator may declare that a state of emergency exists in the Territory or part of the Territory if: (a) a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force; and (b) the Administrator is satisfied that: (i) the emergency to which the national emergency declaration relates is affecting, or is likely to affect, the Territory; and (ii) extraordinary measures are required to prevent or minimise the effect, or likely effect, of that emergency on the Territory. (2) Before making a declaration, the Administrator must take reasonable steps to consult the Committee. (3) However, a failure to consult the Committee does not affect the validity of a declaration. (4) A declaration may be given orally or in writing, and must state: (a) the time and date the declaration commences; and (b) the period for which the declaration has effect, being a period of not more than 3 days, commencing on the date the declaration commences. (5) An oral declaration must be recorded in writing, and signed by the Administrator, as soon as practicable after it commences.