Australian Capital Territory
Emergencies Regulation 2004
SL2004-26
made under the
Emergencies Act 2004
Republication No 6
Effective: 21 June 2016
Republication date: 21 June 2016
Last amendment made by A2016-33
Authorised by the ACT Parliamentary Counsel
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Emergencies Regulation 2004, made under the Emergencies Act
2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial
changes)) as in force on 21 June 2016. It also includes any commencement, amendment, repeal
or expiry affecting this republished law to 21 June 2016.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for
an individual and $750 for a corporation (see Legislation Act 2001, s 133).
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at
Australian Capital Territory
Emergencies Regulation 2004
made under the
Emergencies Act 2004
Contents
Page
1 Name of regulation 2
2 Dictionary 2
3 Notes 2
4 Offences against regulation—application of Criminal Code etc 2
5 Prescribed fires—Act, s 116 (3) (d) 3
5A Exempt high risk activity—Act, s 116A (3) (c) 4
6 Steam engines 5
7 Internal-combustion engines 6
8 Attendance by fire and rescue service members at public events 6
9 Exempt contributions—Act, sch 1, s 1.2 (2) (a) 7
Contents
Page
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Dictionary 8
Endnotes
1 About the endnotes 9
2 Abbreviation key 9
3 Legislation history 10
4 Amendment history 10
5 Earlier republications 12
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Australian Capital Territory
Emergencies Regulation 2004
made under the
Emergencies Act 2004
Section 1
page 2 Emergencies Regulation 2004
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1 Name of regulation
This regulation is the Emergencies Regulation 2004.
2 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation.
Note 2 A definition in the dictionary applies to the entire regulation unless the
definition, or another provision of the regulation, provides otherwise or
the contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
3 Notes
A note included in this regulation is explanatory and is not part of
this regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
4 Offences against regulation—application of Criminal
Code etc
Other legislation applies in relation to offences against this
regulation.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation
(see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms
used for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Section 5
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5 Prescribed fires—Act, s 116 (3) (d)
(1) Each of the following is a prescribed fire:
(a) a fire lit, maintained or used at a factory if—
(i) the fire is lit, maintained or used in a building or other
structure; and
(ii) reasonable steps have been taken to prevent the escape
from the building or structure of the fire or material from
the fire;
(b) a fire lit, maintained or used under the authority of any entity
in relation to the repair or maintenance of services or
equipment essential for continuing or restoring transport or
communication, or a supply of heat, light, power, water or
sewerage, if—
(i) the emergency services commissioner has been given
notice of the intention to light, maintain or use the fire;
and
(ii) reasonable steps have been taken to prevent the escape
from the place where the fire is lit, maintained or used of
the fire or material from the fire;
(c) a fire lit, maintained or used on any land for an electric or gas
heating appliance to cook food or heat liquids if, while the
appliance is in use—
(i) the appliance is under the direct control of a responsible
adult; and
(ii) an area around the appliance of at least 3m is cleared of
flammable material; and
(iii) a fire-extinguisher or a continuous stream of water is
available for use;
Section 5A
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(d) a fire lit, maintained or used to allow a hot-air balloon to
become or stay airborne or to control the descent of the balloon
if—
(i) the balloon is under the direct control of a responsible
person; and
(ii) an area of at least 3m around the balloon is cleared of
flammable material before the fire is lit; and
(iii) a fire-extinguisher or a continuous stream of water is
available for use.
(2) In this section:
material, from a fire, includes sparks or incandescent material from
the fire.
5A Exempt high risk activity—Act, s 116A (3) (c)
Each of the following is an exempt high risk activity:
(a) a high risk activity at a factory if—
(i) the activity is undertaken in a building or other structure;
and
(ii) reasonable steps have been taken to prevent the escape of
fire or material that is likely to generate fire from the
building or structure;
(b) a high risk activity undertaken under the authority of any entity
in relation to the repair or maintenance of services or
equipment essential for continuing or restoring transport or
communication, or a supply of heat, light, power, water or
sewerage, if—
(i) the emergency services commissioner has been given
notice of the intention to undertake the activity; and
Section 6
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(ii) reasonable steps have been taken to prevent the escape of
fire or material that is likely to generate fire from the
place where the activity is undertaken.
6 Steam engines
(1) The owner of a steam engine commits an offence if the owner fails
to install and maintain effective spark arrestors and sound ashpans
to the engine.
Maximum penalty:
(a) if the offence is committed in the bushfire season—20 penalty
units; and
(b) in any other case—10 penalty units.
(2) A person in charge of a steam engine commits an offence if, before
the person leaves the engine, the person does not extinguish any live
coals that have dropped from the engine.
Maximum penalty:
(a) if the offence is committed in the bushfire season—20 penalty
units; and
(b) in any other case—10 penalty units.
(3) A person in charge of a steam engine commits an offence if the
person does not take adequate steps to stop live coals dropping from
the engine after the person leaves the engine.
Maximum penalty:
(a) if the offence is committed in the bushfire season—20 penalty
units; and
(b) in any other case—10 penalty units.
(4) This section does not apply if the steam engine is used only for
display purposes that do not involve its operation.
(5) An offence against this section is a strict liability offence.
Section 7
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(6) In this section:
bushfire season—see the Act, section 119.
7 Internal-combustion engines
(1) A person commits an offence if the person uses an
internal-combustion engine that is not fitted with an effective spark
arrestor.
Maximum penalty:
(a) if the offence is committed in the bushfire season—20 penalty
units; and
(b) in any other case—10 penalty units.
(2) An offence against this section is a strict liability offence.
(3) In this section:
bushfire season—see the Act, section 119.
8 Attendance by fire and rescue service members at public
events
(1) This section applies to public entertainment or a public meeting if
the chief officer (fire and rescue service) considers that because of
the nature of the entertainment or meeting, or the decorations,
appliances or lighting used at the entertainment or meeting, the
attendance of the fire and rescue service is needed.
(2) The chief officer (fire and rescue service) may direct 1 or more
members of the fire and rescue service to attend all or part of the
entertainment or meeting.
Note A fee may be determined under the Act, s 201 for the attendance.
Section 9
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9 Exempt contributions—Act, sch 1, s 1.2 (2) (a)
The following classes of people are prescribed:
(a) people holding 1 or more of the following cards given to them
by the Commonwealth:
(i) a health care card;
(ii) a pensioner concession card;
(iii) a pharmaceutical benefits concession card;
(b) people who are service pensioners within the meaning of the
Veterans’ Entitlements Act 1986 (Cwlth);
(c) people living permanently outside the ACT.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
adult
offence
penalty unit (see s 133).
Note 3 Terms used in this regulation have the same meaning that they have in
the Emergencies Act 2004 (see Legislation Act, s 148). For example,
the following terms are defined in the Emergencies Act 2004,
dictionary:
bushfire season
chief officer (fire and rescue service).
factory means a building or other place where goods are
manufactured or repaired in the course of carrying on a trade or
business.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The
details of these laws are underlined in the legislation history. Uncommenced
expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
This regulation was originally the Emergencies Regulations 2004. It was
renamed under the Legislation Act 2001.
Emergencies Regulation 2004 SL2004-26
notified LR 30 June 2004
s 1, s 2 commenced 30 June 2004 (LA s 75 (1))
remainder commenced 1 July 2004 (s 2 and see Emergencies Act
2004 A2004-28, s 2 (1) and CN2004-11)
as amended by
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.35
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.35 commenced 12 April 2007 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2012
A2012-13 sch 1 pt 1.6
notified LR 11 April 2012
s 1, s 2 commenced 11 April 2012 (LA s 75 (1))
sch 1 pt 1.6 commenced 12 April 2012 (s 2 (1))
Emergencies Amendment Act 2016 A2016-33 sch 1 pt 1.8
notified LR 20 June 2016
s 1, s 2 commenced 20 June 2016 (LA s 75 (1))
sch 1 pt 1.8 commenced 21 June 2016 (s 2)
4 Amendment history
Name of regulation
s 1 am R2 LA
Dictionary
s 2 om LA s 89 (4)
ins A2016-33 amdt 1.18
Prescribed fires—Act, s 116 (3) (d)
s 5 am A2007-3 amdt 3.179; A2016-33 amdt 1.19
Exempt high risk activity—Act, s 116A (3) (c)
s 5A ins A2016-33 amdt 1.20
Attendance by fire and rescue service members at public events
s 8 sub A2012-13 amdt 1.38; A2016-33 amdt 1.21
Endnotes
Amendment history 4
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Modification of Act, ch 11—Act, s 215 (2)
s 10 exp 22 December 2004 (see A2004-28, s 211 (1), s 217 and
NI2004-486)
Modification of Act, ch 11
sch 1 exp 22 December 2004 (see A2004-28, s 211 (1), s 217 and
NI2004-486)
Dictionary
dict ins A2016-33 amdt 1.22
def factory ins A2016-33 amdt 1.22