Section 1 - Telecommunications (Emergency Management Persons and Emergency Laws) Instrument 2024 - Telecommunications (Emergency Management Persons and Emergency Laws) Instrument 2024

1Telecommunications (Emergency Management Persons and Emergency Laws) Instrument 2024

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Commonwealth Coat of Arms of Australia

LIN 24/014

Telecommunications (Emergency Management Persons and Emergency Laws) Instrument 2024

I, Murray Watt, Minister for Emergency Management, make this instrument.

Dated 15 July 2024

Murray Watt

Minister for Emergency Management

Contents

1 Name

2 Commencement

3 Authority

4 Specification of emergency management person

5 Specification of emergency law

6 Repeal

Schedule—Emergency Management Person

Emergency management person—specification of offices and positions

1 Name

This instrument is the Telecommunications (Emergency Management Persons and Emergency Laws) Instrument 2024.

2 Commencement

This instrument commences on the day after the instrument is registered.

3 Authority

This instrument is made under subsections 275B(2) and 275D(2) of the Telecommunications Act 1997.

Note: On 1 September 2022, the Acts Interpretation Amendment Substituted Reference Order 2022 substituted references to the AFP Minister in subsections 275B(2) and 275D(2) of the Telecommunications Act 1997 with the Minister for Emergency Management.

4 Specification of emergency management person

For the purposes of the definition of emergency management person in subsection 275B(1) of the Telecommunications Act 1997, each office or position mentioned in the Schedule to this instrument is specified.

5 Specification of emergency law

For the purposes of the definition of emergency law in subsection 275D(1) of the Telecommunications Act 1997, each of the laws mentioned in the following table is specified.

	Jurisdiction	Specified law
1	New South Wales	Definition of ‘emergency’ in section 4 of the State Emergency and Rescue Management Act 1989.

	Jurisdiction	Office or position (and related legislation in the jurisdiction, where applicable)
1	Commonwealth	(a) Commissioner of Police appointed under subsection 17(1) of the Australian Federal Police Act 1979;<br>(b) the following positions in the National Emergency Management Agency:<br>(i) Coordinator-General;<br>(ii) Deputy Coordinator‑General.
2	New South Wales (NSW)	(a) Commissioner of the NSW Rural Fire Service as mentioned under subsection 10(1) of the Rural Fires Act 1997;<br>(b) Commissioner of Fire and Rescue NSW as defined in subsection 3(1) of the Fire and Rescue Act 1989;<br>(c) Secretary of the NSW Ministry of Health as appointed under section 23 of the Government Sector Employment Act 2013;<br>(d) Commissioner of the NSW Police Force appointed under section 24 of the Police Act 1990;<br>(e) Commissioner of the State Emergency Service as mentioned under subsection 9(1) of the State Emergency Service Act 1989;<br>(f) State Emergency Operations Controller as mentioned under subsection 18(1) of the State Emergency and Rescue Management Act 1989.
3	Victoria	(a) the following positions established under the Emergency Management Act 2013:<br>(i) Emergency Management Commissioner;<br>(ii) Chief Executive, Emergency Management Victoria;<br>(iii) Officer in charge of an agency having overall control of response activities in relation to a Class 2 emergency under section 39;<br>(iv) State Response Controller;<br>(b) Chief Officer of the Country Fire Authority as appointed under subsection 17(a) of the Country Fire Authority Act 1958;<br>(c) Chief Fire Officer as required under section 61A of the Forests Act 1958;<br>(d) Secretary to the Department referenced in section 6 of the Conservation, Forests and Lands Act 1987;<br>(e) the Fire Rescue Commissioner of Fire Rescue Victoria as mentioned in section 7C of the Fire Rescue Victoria Act 1958;<br>(f) Chief Commissioner of Police as appointed under section 17 of the Victoria Police Act 2013;<br>(g) Chief Officer, Operations of the Victoria State Emergency Service as appointed under section 29 of the Victoria State Emergency Service Act 2005.
4	Queensland	(a) the following positions mentioned in the Public Safety Preservation Act 1986:<br>(i) Emergency Commander as mentioned in subsection 5(1);<br>(ii) CBRE Commander as defined in section 16;<br>(iii) Terrorist Emergency Commander as appointed under section 8A;<br>(b) State Disaster Coordination Group—Chairperson;<br>(c) State Disaster Coordinator appointed under section 21B of the Disaster Management Act 2003;<br>(d) the following positions in the State Emergency Service:<br>(i) Assistant Commissioner;<br>(ii) Chief Officer;<br>(iii) Director;<br>(iv) Regional Director;<br>(e) The following positions in the Queensland Fire and Emergency Services (QFES):<br>(i) Assistant Commissioner;<br>(ii) Chief Officer;<br>(ii) Chief Superintendent;<br>(iv) Commissioner QFES appointed under section 5 of the Fire and Emergency Services Act 1990;<br>(v) Deputy Chief Officer;<br>(vi) Deputy Commissioner;<br>(vii) Executive Manager, State Operations Centre;<br>(viii) Superintendent;<br>(f) Commissioned Officer in the Queensland Police Service who is also:<br>(i) employed under the Police Service Administration Act 1990; and<br>(ii) appointed to the Emergency Management and Coordination Command;<br>(g) the following positions in the State Disaster Coordination Centre:<br>(i) Commander;<br>(ii) Deputy Commander.
5	Western Australia	(a) Chief Executive Officer of the Department of Biodiversity, Conservation and Attractions;<br>(b) Chief Executive Officer of the Department of Health;<br>(c) Fire and Emergency Services Commissioner as defined under section 3 of the Fire and Emergency Services Act 1998;<br>(d) State Emergency Coordinator as mentioned under section 10 of Emergency Management Act 2005;<br>(e) Commissioner of Police as appointed under section 5 of the Police Act 1892.
6	South Australia	(a) State Co-ordinator as established under section 14 of Emergency Management Act 2004;<br>(b) Commissioner of Police as appointed under section 12 of the Police Act 1998;<br>(c) Deputy Commissioner of Police as appointed under subsection 14(1) of the Police Act 1998;<br>(d) Chief Officer of the South Australian Country Fire Services as established under section 60 of the Fire and Emergency Services Act 2005;<br>(e) Chief Officer of the South Australian Metropolitan Fire Services as established under section 27 of the Fire and Emergency Services Act 2005;<br>(f) Chief Officer of South Australian State Emergency Services as established under section 109 of the Fire and Emergency Services Act 2005.
7	Tasmania	The following positions appointed under the Emergency Management Act 2006:<br>(a) State Emergency Management Controller as appointed under subsection 10(1);<br>(b) Deputy State Emergency Management Controller as appointed under subsection 10(1);<br>(c) Regional Emergency Management Controller as appointed under subsection 17(1);<br>(d) Executive Director of the State Emergency Services as appointed under section 27.
8	Australian Capital Territory	(a) Chief Police Officer authorised under arrangements in subsection 8(1A) of the Australian Federal Police Act 1979 and defined in the Dictionary of the Legislation Act 2001;<br>(b) Deputy Emergency Controller as appointed under section 105CA for the purposes of Division 7.3.1A of the Emergencies Act 2004;<br>(c) Emergency Controller as appointed under section 105A for the purposes of Division 7.3.1A of the Emergencies Act 2004;<br>(d) ACT Emergency Services Commissioner as appointed under section 7 of the Emergencies Act 2004;<br>(e) Recovery Coordinator as appointed under section 174B for purposes of Division 7.3.3 of the Emergencies Act 2004.
9	Northern Territory	(a) Commissioner of Police as appointed under section 7 of the Police Administration Act 1978;<br>(b) Director of the Northern Territory Emergency Service as appointed under section 48 of the Emergency Management Act 2013;<br>(c) Regional Controller as appointed under section 54 of the Emergency Management Act 2013;<br>(d) Territory Emergency Controller as mentioned under section 28 of the Emergency Management Act 2013.

Jurisdiction

Office or position (and related legislation in the jurisdiction, where applicable)

Commonwealth

(a) Commissioner of Police appointed under subsection 17(1) of the Australian Federal Police Act 1979; (b) the following positions in the National Emergency Management Agency: (i) Coordinator-General; (ii) Deputy Coordinator‑General.

New South Wales (NSW)

(a) Commissioner of the NSW Rural Fire Service as mentioned under subsection 10(1) of the Rural Fires Act 1997; (b) Commissioner of Fire and Rescue NSW as defined in subsection 3(1) of the Fire and Rescue Act 1989; (c) Secretary of the NSW Ministry of Health as appointed under section 23 of the Government Sector Employment Act 2013; (d) Commissioner of the NSW Police Force appointed under section 24 of the Police Act 1990; (e) Commissioner of the State Emergency Service as mentioned under subsection 9(1) of the State Emergency Service Act 1989; (f) State Emergency Operations Controller as mentioned under subsection 18(1) of the State Emergency and Rescue Management Act 1989.

Victoria

(a) the following positions established under the Emergency Management Act 2013: (i) Emergency Management Commissioner; (ii) Chief Executive, Emergency Management Victoria; (iii) Officer in charge of an agency having overall control of response activities in relation to a Class 2 emergency under section 39; (iv) State Response Controller; (b) Chief Officer of the Country Fire Authority as appointed under subsection 17(a) of the Country Fire Authority Act 1958; (c) Chief Fire Officer as required under section 61A of the Forests Act 1958; (d) Secretary to the Department referenced in section 6 of the Conservation, Forests and Lands Act 1987; (e) the Fire Rescue Commissioner of Fire Rescue Victoria as mentioned in section 7C of the Fire Rescue Victoria Act 1958; (f) Chief Commissioner of Police as appointed under section 17 of the Victoria Police Act 2013; (g) Chief Officer, Operations of the Victoria State Emergency Service as appointed under section 29 of the Victoria State Emergency Service Act 2005.

Queensland

(a) the following positions mentioned in the Public Safety Preservation Act 1986: (i) Emergency Commander as mentioned in subsection 5(1); (ii) CBRE Commander as defined in section 16; (iii) Terrorist Emergency Commander as appointed under section 8A; (b) State Disaster Coordination Group—Chairperson; (c) State Disaster Coordinator appointed under section 21B of the Disaster Management Act 2003; (d) the following positions in the State Emergency Service: (i) Assistant Commissioner; (ii) Chief Officer; (iii) Director; (iv) Regional Director; (e) The following positions in the Queensland Fire and Emergency Services (QFES): (i) Assistant Commissioner; (ii) Chief Officer; (ii) Chief Superintendent; (iv) Commissioner QFES appointed under section 5 of the Fire and Emergency Services Act 1990; (v) Deputy Chief Officer; (vi) Deputy Commissioner; (vii) Executive Manager, State Operations Centre; (viii) Superintendent; (f) Commissioned Officer in the Queensland Police Service who is also: (i) employed under the Police Service Administration Act 1990; and (ii) appointed to the Emergency Management and Coordination Command; (g) the following positions in the State Disaster Coordination Centre: (i) Commander; (ii) Deputy Commander.

Western Australia

(a) Chief Executive Officer of the Department of Biodiversity, Conservation and Attractions; (b) Chief Executive Officer of the Department of Health; (c) Fire and Emergency Services Commissioner as defined under section 3 of the Fire and Emergency Services Act 1998; (d) State Emergency Coordinator as mentioned under section 10 of Emergency Management Act 2005; (e) Commissioner of Police as appointed under section 5 of the Police Act 1892.

South Australia

(a) State Co-ordinator as established under section 14 of Emergency Management Act 2004; (b) Commissioner of Police as appointed under section 12 of the Police Act 1998; (c) Deputy Commissioner of Police as appointed under subsection 14(1) of the Police Act 1998; (d) Chief Officer of the South Australian Country Fire Services as established under section 60 of the Fire and Emergency Services Act 2005; (e) Chief Officer of the South Australian Metropolitan Fire Services as established under section 27 of the Fire and Emergency Services Act 2005; (f) Chief Officer of South Australian State Emergency Services as established under section 109 of the Fire and Emergency Services Act 2005.

Tasmania

The following positions appointed under the Emergency Management Act 2006: (a) State Emergency Management Controller as appointed under subsection 10(1); (b) Deputy State Emergency Management Controller as appointed under subsection 10(1); (c) Regional Emergency Management Controller as appointed under subsection 17(1); (d) Executive Director of the State Emergency Services as appointed under section 27.

Australian Capital Territory

(a) Chief Police Officer authorised under arrangements in subsection 8(1A) of the Australian Federal Police Act 1979 and defined in the Dictionary of the Legislation Act 2001; (b) Deputy Emergency Controller as appointed under section 105CA for the purposes of Division 7.3.1A of the Emergencies Act 2004; (c) Emergency Controller as appointed under section 105A for the purposes of Division 7.3.1A of the Emergencies Act 2004; (d) ACT Emergency Services Commissioner as appointed under section 7 of the Emergencies Act 2004; (e) Recovery Coordinator as appointed under section 174B for purposes of Division 7.3.3 of the Emergencies Act 2004.

Northern Territory

(a) Commissioner of Police as appointed under section 7 of the Police Administration Act 1978; (b) Director of the Northern Territory Emergency Service as appointed under section 48 of the Emergency Management Act 2013; (c) Regional Controller as appointed under section 54 of the Emergency Management Act 2013; (d) Territory Emergency Controller as mentioned under section 28 of the Emergency Management Act 2013.