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EMERGENCY MANAGEMENT ACT 2013

Legislation · Northern Territory
NORTHERN TERRITORY OF AUSTRALIA EMERGENCY MANAGEMENT ACT 2013 As in force at 16 July 2024 Table of provisions Part 1 Preliminary matters Division 1 Introductory matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 Division 2 Operation of Act 3 Act binds Crown .............................................................................. 1 4 Limitation on application of Act ........................................................ 1 5 Interaction with other Acts ............................................................... 2 6 Conflict of duties .............................................................................. 2 7 Application of Criminal Code ........................................................... 2 Division 3 Interpretation 8 Definitions ........................................................................................ 2 Part 2 Emergency plans Division 1 Territory emergency plan 9 Preparation of Territory emergency plan ......................................... 5 10 Consideration and approval of Territory emergency plan ................ 5 11 Review of Territory emergency plan ................................................ 6 Division 2 Regional emergency plan 12 Preparation of regional emergency plan .......................................... 6 13 Approval of regional emergency plan .............................................. 6 14 Review of regional emergency plan................................................. 7 Division 3 Local emergency plan 15 Preparation of local emergency plan ............................................... 7 16 Consideration and approval of local emergency plan ...................... 7 17 Review of local emergency plan ...................................................... 7 -- 1 of 51 -- Emergency Management Act 2013 ii Part 3 Emergency management mechanisms Division 1 Emergency situation 18 When an emergency situation exists ............................................... 8 Division 2 State of emergency 19 Declaration of state of emergency ................................................... 9 20 Duration of state of emergency........................................................ 9 Division 3 State of disaster 21 Declaration of state of disaster ........................................................ 9 22 Duration of state of disaster ........................................................... 10 Division 4 Special powers and duties 23 Special powers during emergency situation .................................. 10 24 Special powers during state of emergency or disaster .................. 11 25 Duties of Chief Executive Officers ................................................. 12 Part 4 Emergency management structure Division 1 Preliminary matters 26 Overview of emergency management structure ............................ 12 27 Regions ......................................................................................... 13 Division 2 Territory Emergency Controller 28 Territory Emergency Controller...................................................... 13 29 Functions of Territory Controller .................................................... 13 30 Powers of Territory Controller ........................................................ 13 31 Territory Controller subject to directions ........................................ 13 Division 3 Territory Recovery Coordinator 32 Territory Recovery Coordinator ..................................................... 13 33 Functions of Territory Recovery Coordinator ................................. 14 34 Powers of Territory Recovery Coordinator..................................... 14 35 Territory Recovery Coordinator subject to directions ..................... 14 Division 4 Territory Emergency Management Council 36 Establishment of Council ............................................................... 14 37 Functions of Council ...................................................................... 14 38 Powers of Council.......................................................................... 15 39 Council subject to directions .......................................................... 15 40 Membership of Council .................................................................. 15 -- 2 of 51 -- Emergency Management Act 2013 iii 41 How member may be appointed .................................................... 15 42 Co-chairpersons of Council ........................................................... 15 43 Procedures of Council ................................................................... 16 Division 5 Northern Territory Emergency Service 44 Continuation of Northern Territory Emergency Service ................. 16 45 Membership of NTES .................................................................... 16 46 Functions of NTES ........................................................................ 16 47 Powers of NTES ............................................................................ 16 48 Chief Officer................................................................................... 17 49 Functions of Commissioner ........................................................... 17 50 Powers of Commissioner ............................................................... 17 52 Volunteer members ....................................................................... 17 53 Volunteer units............................................................................... 17 Division 6 Regional Emergency Controller 54 Appointment of Regional Controller ............................................... 18 55 Functions of Regional Controller ................................................... 18 56 Powers of Regional Controller ....................................................... 19 57 Regional Controller subject to directions ....................................... 19 Division 7 Regional Emergency Committee 58 Establishment of Regional Emergency Committee........................ 19 59 Functions of Regional Emergency Committee............................... 19 60 Powers of Regional Emergency Committee .................................. 19 61 Membership of Regional Emergency Committee .......................... 19 62 How member may be appointed .................................................... 21 63 Chairperson of Regional Emergency Committee........................... 21 64 Procedures of Regional Emergency Committee ............................ 21 Division 8 Regional Recovery Coordinator 65 Appointment of Regional Recovery Coordinator............................ 21 66 Functions of Regional Recovery Coordinator ................................ 21 67 Powers of Regional Recovery Coordinator .................................... 22 68 Regional Recovery Coordinator subject to directions .................... 22 Division 9 Regional Recovery Coordination Committee 69 Establishment of Regional Recovery Coordination Committee ..... 22 70 Functions of Regional Recovery Coordination Committee ............ 22 71 Powers of Regional Recovery Coordination Committee ................ 22 72 Membership of Regional Recovery Coordination Committee ........ 23 73 How member may be appointed .................................................... 24 74 Chairperson of Regional Recovery Coordination Committee ........ 24 75 Procedures of Regional Recovery Coordination Committee ......... 24 -- 3 of 51 -- Emergency Management Act 2013 iv Division 10 Local Emergency Controller 76 Appointment of Local Controller .................................................... 24 77 Functions of Local Controller ......................................................... 24 78 Powers of Local Controller............................................................. 25 79 Local Controller subject to directions ............................................. 25 Division 11 Local Emergency Committee 80 Establishment of Local Emergency Committee ............................. 25 81 Functions of Local Emergency Committee .................................... 25 82 Powers of Local Emergency Committee ........................................ 25 83 Membership of Local Emergency Committee ................................ 26 84 How member may be appointed .................................................... 26 85 Chairperson of Local Emergency Committee ................................ 26 86 Procedures of Local Emergency Committee ................................. 26 Division 12 Local Recovery Coordinator 87 Appointment of Local Recovery Coordinator ................................. 26 88 Functions of Local Recovery Coordinator ...................................... 27 89 Powers of Local Recovery Coordinator ......................................... 27 90 Local Recovery Coordinator subject to directions.......................... 27 Division 13 Local Recovery Coordination Committee 91 Establishment of Local Recovery Coordination Committee ........... 27 92 Functions of Local Recovery Coordination Committee .................. 28 93 Powers of Local Recovery Coordination Committee ..................... 28 94 Membership of Local Recovery Coordination Committee .............. 28 95 How member may be appointed .................................................... 28 96 Chairperson of Local Recovery Coordination Committee .............. 29 97 Procedures of Local Recovery Coordination Committee ............... 29 Part 5 Enforcement Division 1 Authorised officers 98 Authorised officers ......................................................................... 29 99 Issue of identity card ...................................................................... 30 100 Return of identity card ................................................................... 30 Division 2 Offences relating to authorised officers 101 Failure to comply with direction ..................................................... 30 102 Falsely representing to be authorised officer ................................. 31 103 Obstructing authorised officer ........................................................ 31 104 Misleading information ................................................................... 31 -- 4 of 51 -- Emergency Management Act 2013 v Division 3 Miscellaneous matters 105 Entering Aboriginal land ................................................................ 32 106 Criminal liability of executive officer of body corporate .................. 33 Part 6 Compensation for loss 107 Definitions ...................................................................................... 33 108 Limitation on compensation ........................................................... 34 109 Application for compensation......................................................... 34 110 Decision on application .................................................................. 34 111 Application to court ........................................................................ 34 Part 7 Miscellaneous matters 112 Delegation ..................................................................................... 35 113 Protection from liability .................................................................. 35 114 Protection of employment .............................................................. 36 115 Regulations.................................................................................... 36 Part 8 Repeals and transitional matters Division 1 Repeals 116 Repeals ......................................................................................... 36 Division 2 Transitional matters Subdivision 1 Interpretation 117 Definitions ...................................................................................... 36 Subdivision 2 Office holders 118 Members of Council....................................................................... 37 119 Members of Region Counter Disaster Planning Committee .......... 37 120 Members of Local Counter Disaster Planning Committee ............. 37 121 Director of NTES ........................................................................... 38 122 Regional Controllers ...................................................................... 38 123 Local Controllers............................................................................ 38 124 Authorized persons........................................................................ 38 125 Voluntary members of NTES ......................................................... 38 Subdivision 3 Instruments 126 Regions ......................................................................................... 38 127 Counter disaster plans ................................................................... 39 -- 5 of 51 -- Emergency Management Act 2013 vi Part 9 Transitional matters for Fire and Emergency Legislation Amendment Act 2024 128 Definition........................................................................................ 39 129 Director and nominated member of Regional Emergency Committee ..................................................................................... 39 130 Actions, agreement, arrangements and plans ............................... 40 131 Protection from liability .................................................................. 40 Schedule 1 Procedures of emergency management bodies Schedule 2 Repealed Acts ENDNOTES -- 6 of 51 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 16 July 2024 ____________________ EMERGENCY MANAGEMENT ACT 2013 An Act to provide for matters relating to emergency management, and for related matters Part 1 Preliminary matters Division 1 Introductory matters 1 Short title This Act may be cited as the Emergency Management Act 2013. 2 Commencement This Act commences on the day fixed by the Administrator by Gazette notice. Division 2 Operation of Act 3 Act binds Crown This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities. 4 Limitation on application of Act This Act does not authorise a person to do, or make preparations to do, any of the following: (a) engage in armed combat; (b) put down a riot or other civil disturbance; (c) end a strike or lockout. -- 7 of 51 -- Part 1 Preliminary matters Division 3 Interpretation Emergency Management Act 2013 2 5 Interaction with other Acts During an emergency situation, state of emergency or state of disaster, this Act prevails to the extent of any inconsistency with another Act. 6 Conflict of duties (1) This section applies to a police officer who is appointed as any of the following: (a) a Regional Controller; (b) a Local Controller; (c) a Regional Recovery Coordinator; (d) a Local Recovery Coordinator. (2) This Act prevails to the extent of any inconsistency between the police officer's duties under this Act and his or her duties under the Police Administration Act 1978. 7 Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against this Act. Note for section 7 Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences. Division 3 Interpretation 8 Definitions In this Act: affected area means: (a) for an emergency situation – the area in which the emergency situation exists; or (b) for a state of emergency – the area in which the state of emergency exists; or (c) for a state of disaster – the area in which the state of disaster exists. -- 8 of 51 -- Part 1 Preliminary matters Division 3 Interpretation Emergency Management Act 2013 3 approved emergency plan means a plan approved under section 10(3), 13(2) or 16(2). authorised officer, see section 98. chairperson means: (a) for the Council – the co-chairpersons of the Council mentioned in section 42; or (b) for a Regional Emergency Committee – the chairperson of the Committee mentioned in section 63; or (c) for a Regional Recovery Coordination Committee – the chairperson of the Committee mentioned in section 74; or (d) for a Local Emergency Committee – the chairperson of the Committee mentioned in section 85; or (e) for a Local Recovery Coordination Committee – the chairperson of the Committee mentioned in section 96. Chief Officer means the person holding or occupying the office of Chief Officer mentioned in section 48(1). Commissioner, see section 3(1) of the Fire and Emergency Act 1996. Council means the Territory Emergency Management Council established by section 36. disaster means an event that requires a significant coordinated response using the combined resources of the Territory, non-government entities within the Territory and resources from outside the Territory. emergency means an event that requires a significant coordinated response using the combined resources of the Territory and non-government entities within the Territory. emergency management body means any of the following: (a) the Council; (b) a Regional Emergency Committee; (c) a Local Emergency Committee; (d) a Regional Recovery Coordination Committee; (e) a Local Recovery Coordination Committee. -- 9 of 51 -- Part 1 Preliminary matters Division 3 Interpretation Emergency Management Act 2013 4 emergency operation means an activity (including training) to prevent, minimise, prepare for and respond to an event. emergency planning means establishing plans, structures and arrangements for future emergency and recovery operations. emergency situation, see section 18(1). event means an occurrence, whether natural or caused by human acts or omissions, that: (a) causes or threatens to cause: (i) loss of, or damage to, property; or (ii) loss of life or injury or distress to persons; or (b) in any way endangers the safety of the public. Local Controller, for a locality, means the Local Emergency Controller for the locality mentioned in section 76(1). Local Emergency Committee, for a locality, means the Committee established for the locality under section 80. Local Recovery Coordination Committee, for a locality, means the Committee established for the locality under section 91. Local Recovery Coordinator, for a locality, means the Local Recovery Coordinator for the locality mentioned in section 87. locality means an area within a region. Northern Territory Emergency Service means the Northern Territory Emergency Service continued in existence under section 44. NTES means Northern Territory Emergency Service. Power and Water Corporation means the Power and Water Corporation established by section 4 of the Power and Water Corporation Act 1987. recovery operation means an activity to assist with recovery from the effects of an event. region means a region specified in a Gazette notice under section 27. Regional Controller, for a region, means the Regional Emergency Controller for the region mentioned in section 54. -- 10 of 51 -- Part 2 Emergency plans Division 1 Territory emergency plan Emergency Management Act 2013 5 Regional Emergency Committee, for a region, means the Committee established for the region by section 58. Regional Recovery Coordination Committee, for a region, means the Committee established for the region by section 69. Regional Recovery Coordinator, for a region, means the Regional Recovery Coordinator for the region mentioned in section 65. state of disaster means a state of disaster declared under section 21. state of emergency means a state of emergency declared under section 19. Territory Controller means the Territory Emergency Controller mentioned in section 28. Territory Recovery Coordinator means the Territory Recovery Coordinator mentioned in section 32. volunteer member means a member of the NTES appointed under section 52. Note for section 8 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. Part 2 Emergency plans Division 1 Territory emergency plan 9 Preparation of Territory emergency plan (1) The Commissioner must ensure that an emergency plan is prepared for the Territory. (2) The plan must provide a basis for coordinated emergency and recovery operations in the Territory. 10 Consideration and approval of Territory emergency plan (1) The Commissioner must submit the emergency plan to the Council for consideration. (2) Before approving the plan, the Council may: (a) make changes to the plan; or -- 11 of 51 -- Part 2 Emergency plans Division 2 Regional emergency plan Emergency Management Act 2013 6 (b) return the plan to the Commissioner with recommended changes. (3) The Council may approve the plan by Gazette notice specifying: (a) the name of the plan; and (b) the place (which may be a website) at which the plan can be inspected. (4) The Commissioner must ensure the plan is available for inspection at the place specified in the notice. 11 Review of Territory emergency plan The Commissioner must review the operation and effectiveness of the approved emergency plan for the Territory at least once every 12 months. Division 2 Regional emergency plan 12 Preparation of regional emergency plan (1) The Territory Controller must ensure that an emergency plan is prepared for each region. (2) The plan must provide a basis for coordinated emergency and recovery operations in the region. 13 Approval of regional emergency plan (1) Before approving the emergency plan, the Territory Controller must consult: (a) the Regional Controller for the region; and (b) the Commissioner. (2) The Territory Controller may approve the plan by Gazette notice specifying: (a) the name of the plan; and (b) the place (which may be a website) at which the plan can be inspected. (3) The Territory Controller must ensure the plan is available for inspection at the place specified in the notice. -- 12 of 51 -- Part 2 Emergency plans Division 3 Local emergency plan Emergency Management Act 2013 7 14 Review of regional emergency plan The Territory Controller must review the operation and effectiveness of the approved emergency plan for the region at least once every 12 months. Division 3 Local emergency plan 15 Preparation of local emergency plan (1) If directed by the Council, the Territory Controller must ensure that an emergency plan is prepared for a locality. (2) The plan must provide a basis for coordinated emergency and recovery operations in the locality. 16 Consideration and approval of local emergency plan (1) Before approving the emergency plan, the Territory Controller must consult: (a) the Local Controller for the locality; and (b) the Commissioner. (2) The Territory Controller may approve the plan by Gazette notice specifying: (a) the name of the plan; and (b) the place (which may be a website) at which the plan can be inspected. (3) The Territory Controller must ensure the plan is available for inspection at the place specified in the notice. 17 Review of local emergency plan The Territory Controller must review the operation and effectiveness of the approved emergency plan for the locality at least once every 12 months. -- 13 of 51 -- Part 3 Emergency management mechanisms Division 1 Emergency situation Emergency Management Act 2013 8 Part 3 Emergency management mechanisms Division 1 Emergency situation 18 When an emergency situation exists (1) An emergency situation exists in an area during the following periods: (a) from the time the Minister declares under subsection (2) that the emergency situation exists until the Minister declares under subsection (3) that the emergency situation no longer exists; (b) from the time a state of disaster or a state of emergency is declared for the area until the Minister declares under subsection (3) that the emergency situation no longer exists in the area; (c) from the time a tropical cyclone watch or warning is issued for the area by the Bureau of Meteorology until the earlier of the following: (i) the end of the 3rd day after the day the watch or warning is issued; (ii) the Minister declares under subsection (3) that the emergency situation no longer exists in the area. (2) The Minister, acting on the advice of the Council, may declare that an emergency situation exists in an area if: (a) an event has occurred or is reasonably likely to occur; and (b) the Minister is satisfied that the special powers under section 23 are necessary in the area for effective emergency and recovery operations in response to the event. (3) The Minister, acting on the advice of the Council, may declare that an emergency situation no longer exists in an area if: (a) the Minister is satisfied that the special powers under section 23 are no longer necessary in the area; and (b) neither a state of emergency nor a state of disaster exist in the area. -- 14 of 51 -- Part 3 Emergency management mechanisms Division 3 State of disaster Emergency Management Act 2013 9 (4) In this section: Bureau of Meteorology means the Commonwealth Bureau of Meteorology established by the Meteorology Act 1955 (Cth). Division 2 State of emergency 19 Declaration of state of emergency The Minister may declare that a state of emergency exists in an area if: (a) an emergency has occurred; and (b) the Minister is satisfied that the special powers under section 24 are necessary in the area for effective emergency and recovery operations in response to the emergency. 20 Duration of state of emergency (1) The state of emergency: (a) begins as soon as it is declared; and (b) continues until the end of the 3rd day after the day it is declared unless, before that time: (i) the declaration is revoked; or (ii) a state of disaster is declared in the same area; or (iii) the declaration is extended under subsection (2). (2) The Minister may extend the declaration for the periods, not exceeding 3 days in each case, as he or she considers necessary. Division 3 State of disaster 21 Declaration of state of disaster (1) The Administrator may declare that a state of disaster exists in an area if: (a) a disaster has occurred; and (b) the Administrator is satisfied that the special powers under section 24 are necessary in the area for effective emergency and recovery operations in response to the disaster. -- 15 of 51 -- Part 3 Emergency management mechanisms Division 4 Special powers and duties Emergency Management Act 2013 10 (2) If the Administrator is unable to exercise the power to declare a state of disaster, a state of disaster may be declared by 2 Ministers acting jointly. 22 Duration of state of disaster (1) The state of disaster: (a) begins as soon as it is declared; and (b) continues until the end of the 7th day after it is declared unless, before that time, the declaration is: (i) revoked; or (ii) extended under subsection (2). (2) The Administrator may extend the declaration for the periods, not exceeding 14 days in each case, as he or she considers necessary. Division 4 Special powers and duties 23 Special powers during emergency situation (1) During an emergency situation, an authorised officer may do any of the following to carry out emergency operations or recovery operations or to ensure adequate protection of life or property: (a) direct a person to evacuate from, and remain outside, a specified place in the affected area; (b) remove or direct another person to remove a person who does not comply with a direction under paragraph (a) from the place; (c) direct the owner of anything in or near the affected area to remove or secure the thing; (d) remove or secure, or direct another person to remove or secure, anything in or near the affected area if the owner of the thing: (i) does not comply with a direction to remove or secure the thing under paragraph (c); or (ii) cannot be found within a reasonable time to give the owner a direction under paragraph (c); -- 16 of 51 -- Part 3 Emergency management mechanisms Division 4 Special powers and duties Emergency Management Act 2013 11 (e) direct the owner or occupier of property in or near the affected area to place the property under the control of the authorised officer. (2) An authorised officer, or a person acting in accordance with the directions of an authorised officer, may use reasonable force to remove a person under subsection (1)(b) if necessary. (3) The cost of removing or securing a thing under subsection (1)(d) is a debt due and payable to the Territory by the owner or occupier of the thing. (4) An owner or occupier of property who suffers loss because the property is placed under the control of an authorised officer under subsection (1)(e) is entitled to receive compensation for the loss in accordance with Part 6. 24 Special powers during state of emergency or disaster (1) During a state of emergency or disaster, an authorised officer may do any of the following to carry out emergency operations or recovery operations or to ensure adequate protection of life or property: (a) direct a person to assist in tasks to save life or property in immediate danger in the affected area; (b) direct the owner or person in charge of a place of business, worship or entertainment in the affected area to close the place to the public for a specified period; (c) using reasonable force if necessary, enter a place in the affected area; (d) close a place open to or used by the public, including a road. Note for subsection (1) Under section 18(1)(b), an emergency situation exists during a state of emergency or disaster. As a result, an authorised officer also has special powers under section 23 during a state of emergency or disaster. (2) In this section: road, see section 5(1) of the Control of Roads Act 1953. -- 17 of 51 -- Part 4 Emergency management structure Division 1 Preliminary matters Emergency Management Act 2013 12 25 Duties of Chief Executive Officers During an emergency situation, a state of emergency or a state of disaster, the Chief Executive Officer of an Agency must act in accordance with: (a) any relevant approved emergency plan; and (b) the directions of the Territory Controller in relation to emergency operations; and (c) the directions of the Territory Recovery Coordinator in relation to recovery operations. Note for section 25 This section applies to the Commissioner as a Chief Executive Officer. Part 4 Emergency management structure Division 1 Preliminary matters 26 Overview of emergency management structure (1) Emergency management in the Territory is organised on a Territory, regional and local level. (2) The Council oversees all emergency management, including recovery operations, in the Territory. (3) The Territory Controller controls and directs all emergency operations in the Territory and oversees the preparation of emergency plans for regions and localities. (4) The Territory Recovery Coordinator coordinates and directs all recovery operations in the Territory. (5) Regional and Local Emergency Committees oversee emergency planning and emergency operations in regions and localities. (6) Regional and Local Controllers supervise emergency planning and emergency operations in regions and localities. (7) Regional and Local Recovery Coordination Committees oversee recovery operations in regions and localities. (8) Regional and Local Recovery Coordinators supervise recovery operations in regions and localities. -- 18 of 51 -- Part 4 Emergency management structure Division 3 Territory Recovery Coordinator Emergency Management Act 2013 13 (9) The NTES conducts a wide range of emergency management activities, including emergency planning, emergency operations and recovery operations. 27 Regions The Council may, by Gazette notice, divide the Territory into regions for this Act. Division 2 Territory Emergency Controller 28 Territory Emergency Controller The Commissioner of Police is the Territory Emergency Controller. 29 Functions of Territory Controller The Territory Controller has the following functions: (a) to control and direct emergency operations in the Territory; (b) to ensure emergency plans are prepared for regions and localities and to consider such plans for approval; (c) any other functions conferred on the Territory Controller by the Council or by this or any other Act. 30 Powers of Territory Controller The Territory Controller has the following powers: (a) the powers necessary to perform his or her functions; (b) any other powers conferred on the Territory Controller by this or any other Act. 31 Territory Controller subject to directions The Territory Controller is subject to the directions of the Council. Division 3 Territory Recovery Coordinator 32 Territory Recovery Coordinator The Chief Executive Officer of the Department of the Chief Minister is the Territory Recovery Coordinator. -- 19 of 51 -- Part 4 Emergency management structure Division 4 Territory Emergency Management Council Emergency Management Act 2013 14 33 Functions of Territory Recovery Coordinator The Territory Recovery Coordinator has the following functions: (a) to coordinate and direct recovery operations in the Territory; (b) any other functions conferred on the Territory Recovery Coordinator by the Council or by this Act. 34 Powers of Territory Recovery Coordinator The Territory Recovery Coordinator has the following powers: (a) the powers necessary to perform his or her functions; (b) any other powers conferred on the Territory Recovery Coordinator by this Act. 35 Territory Recovery Coordinator subject to directions The Territory Recovery Coordinator is subject to the directions of the Council. Division 4 Territory Emergency Management Council 36 Establishment of Council The Territory Emergency Management Council is established. 37 Functions of Council The Council has the following functions: (a) to direct resources for emergency operations and recovery operations in the Territory; (b) to advise the Minister in relation to emergency planning, emergency operations and recovery operations in the Territory; (c) to consider emergency plans for the Territory for approval; (d) to advise, assist and, if necessary, direct the Territory Controller, the Territory Recovery Coordinator and the Commissioner in the exercise of their powers and the performance of their functions; (e) any other functions conferred on it by this or any other Act. -- 20 of 51 -- Part 4 Emergency management structure Division 4 Territory Emergency Management Council Emergency Management Act 2013 15 38 Powers of Council The Council has the following powers: (a) the powers necessary to perform its functions; (b) any other powers conferred on it by this or any other Act. 39 Council subject to directions The Council is subject to the directions of the Minister. 40 Membership of Council (1) The Council consists of the following members: (a) the Territory Controller; (b) the Territory Recovery Coordinator; (c) the Commissioner; (ca) the Chief Officer; (cb) the Chief Officer as defined in section 3(1) of the Fire and Emergency Act 1996; (d) subject to subsection (2), at least 3 other members appointed by the Minister. (2) The Minister may appoint a member to represent the Commonwealth only with the consent of the Commonwealth. 41 How member may be appointed For section 40(1)(d), the Minister may appoint: (a) a person by name; or (b) a person by reference to the office, position or designation held or occupied by the person; or (c) a person from time to time holding or occupying a named office, position or designation. 42 Co-chairpersons of Council The Territory Controller and the Territory Recovery Coordinator are co-chairpersons of the Council. -- 21 of 51 -- Part 4 Emergency management structure Division 5 Northern Territory Emergency Service Emergency Management Act 2013 16 43 Procedures of Council The procedures of the Council are specified in Schedule 1. Division 5 Northern Territory Emergency Service 44 Continuation of Northern Territory Emergency Service The Northern Territory Emergency Service that was, immediately before the commencement of section 116 of this Act, in existence under section 17 of the Disasters Act 1982, continues in existence under the same name. 45 Membership of NTES The NTES consists of the following members: (a) the Commissioner; (b) the Chief Officer; (c) each public sector employee employed in the NTES; (d) each volunteer member. 46 Functions of NTES The NTES has the following functions: (a) to conduct rescue operations, emergency operations and recovery operations, whether or not a state of disaster, state of emergency or emergency situation exists; (b) to advise, assist, educate and train members of the public and organisations, including Agencies and volunteer organisations, in emergency planning and operations; (c) to develop and install communications and operational facilities that may be required by the NTES for emergency planning and emergency operations and recovery operations; (d) any other functions conferred on it by the Council or by this or any other Act. 47 Powers of NTES The NTES has the following powers: (a) the powers necessary to perform its functions; (b) any other powers conferred on it by this or any other Act. -- 22 of 51 -- Part 4 Emergency management structure Division 5 Northern Territory Emergency Service Emergency Management Act 2013 17 48 Chief Officer (1) The Commissioner must appoint a public sector employee to be the Chief Officer. (2) Subject to the directions of the Commissioner, the Chief Officer has operational responsibility for the NTES. (3) The Chief Officer has the powers necessary to perform the Chief Officer's functions. 49 Functions of Commissioner The Commissioner has the following functions: (a) to determine the policy and procedures of the NTES; (c) to coordinate any Commonwealth support provided to the Territory for emergency planning, emergency operations and recovery operations; (d) to ensure emergency plans are prepared for the Territory; (e) to advise and assist Regional and Local Controllers in the performance of their functions; (f) any other functions conferred on the Commissioner by the Council or by this or any other Act. 50 Powers of Commissioner The Commissioner has the following powers: (a) the powers necessary to perform the Commissioner's functions; (b) any other powers conferred on the Commissioner by this Act. 52 Volunteer members The Commissioner may appoint volunteer members of the NTES. 53 Volunteer units (1) The Commissioner may establish a volunteer unit within the NTES for a locality. (2) The Commissioner must appoint a volunteer member to be the unit officer for each volunteer unit. -- 23 of 51 -- Part 4 Emergency management structure Division 6 Regional Emergency Controller Emergency Management Act 2013 18 (3) The unit officer has the following functions: (a) to supervise the activities of the unit and ensure that the Commissioner's instructions and the policies and procedures of the NTES are complied with; (b) to develop the capacity of the unit to effectively carry out emergency operations; (c) during emergency operations – to maintain close liaison with the Local Controller for the locality and ensure that the volunteer unit provides the maximum assistance possible to the Local Controller; (d) any other functions conferred on the unit officer by the Commissioner or by this Act. (4) The unit officer has the powers necessary to perform the officer's functions. (5) The unit officer is responsible for the care and maintenance of equipment made available to the volunteer unit by the Commissioner . Division 6 Regional Emergency Controller 54 Appointment of Regional Controller For each region, the Territory Controller must appoint a police officer to be the Regional Emergency Controller. 55 Functions of Regional Controller (1) The Regional Controller for a region has the following functions: (a) to supervise emergency operations in the region; (b) to ensure that the Territory Controller's instructions, policies and procedures are complied with; (c) any other functions conferred on the Regional Controller by the Territory Controller or by this Act. (2) The Regional Controller is responsible for the care and maintenance of equipment made available to the region by the NTES. -- 24 of 51 -- Part 4 Emergency management structure Division 7 Regional Emergency Committee Emergency Management Act 2013 19 56 Powers of Regional Controller The Regional Controller for a region has the following powers: (a) the powers necessary to perform his or her functions; (b) any other powers conferred on the Regional Controller by this Act. 57 Regional Controller subject to directions Each Regional Controller is subject to the directions of the Territory Controller. Division 7 Regional Emergency Committee 58 Establishment of Regional Emergency Committee A Regional Emergency Committee is established for each region. 59 Functions of Regional Emergency Committee The Regional Emergency Committee for a region has the following functions: (a) to direct resources for emergency operations in the region; (b) to advise and assist the Regional Controller of the region in the exercise of his or her powers and the performance of his or her functions; (c) any other functions conferred on the Committee by the Council or by this Act. 60 Powers of Regional Emergency Committee A Regional Emergency Committee for a region has the following powers: (a) the powers necessary to perform its functions; (b) any other powers conferred on it by this Act. 61 Membership of Regional Emergency Committee (1) The Regional Emergency Committee for a region consists of the following members: (a) the Regional Controller for the region; (b) each Local Controller for a locality in the region; -- 25 of 51 -- Part 4 Emergency management structure Division 7 Regional Emergency Committee Emergency Management Act 2013 20 (c) at least 12 persons appointed by the Council as mentioned in subsection (2); (d) any other person the Committee considers necessary or desirable to appoint. (2) Of the persons appointed under subsection (1)(c): (a) one must be a member of the NTES mentioned in section 45(c) and nominated by the Commissioner; and (b) one must be a person nominated by the Commissioner who is a member of the Northern Territory Fire and Rescue Service, as established under section 5 of the Fire and Emergency Act 1996; and (c) one must be nominated by the Bushfires Council established under section 21 of the Bushfires Management Act 2016; and (d) one must be nominated by the Chief Executive Officer of the Agency primarily responsible for health; and (e) one must be nominated by the Chief Executive Officer of the Agency primarily responsible for community welfare services; and (f) one must be nominated by the Chief Executive Officer of the Agency primarily responsible for infrastructure; and (g) one must be nominated by the Chief Executive Officer of the Agency primarily responsible for roads and transport; and (h) one must be nominated by the Chief Executive Officer of the Agency primarily responsible for education; and (i) one must be nominated by the Chief Executive Officer of the Department of the Chief Minister; and (j) one must be nominated by the Chief Executive Officer of the Power and Water Corporation; and (k) each local government council for a local government area in (or partly in) the region must nominate one person; and (l) one must be nominated by the Regional Controller for the region to represent non-government welfare agencies. -- 26 of 51 -- Part 4 Emergency management structure Division 8 Regional Recovery Coordinator Emergency Management Act 2013 21 62 How member may be appointed For section 61(1)(c) and (d), the Council or the Committee may appoint: (a) a person by name; or (b) a person by reference to the office, position or designation held or occupied by the person; or (c) a person from time to time holding or occupying a named office, position or designation. 63 Chairperson of Regional Emergency Committee The Regional Controller for a region is the chairperson of the Regional Emergency Committee for the region. 64 Procedures of Regional Emergency Committee The procedures of each Regional Emergency Committee are specified in Schedule 1. Division 8 Regional Recovery Coordinator 65 Appointment of Regional Recovery Coordinator The Territory Recovery Coordinator may appoint a Regional Recovery Coordinator for a region that has been affected by an event. 66 Functions of Regional Recovery Coordinator (1) The Regional Recovery Coordinator for a region has the following functions: (a) to coordinate the assessment of recovery and restoration requirements in the region; (b) to direct and coordinate recovery operations in the region in accordance with any relevant approved emergency plan; (c) to ensure that the Territory Recovery Coordinator's instructions, policies and procedures are complied with; (d) any other functions conferred on the Regional Recovery Coordinator by the Territory Recovery Coordinator or by this Act. -- 27 of 51 -- Part 4 Emergency management structure Division 9 Regional Recovery Coordination Committee Emergency Management Act 2013 22 (2) The Regional Recovery Coordinator is responsible for the care and maintenance of equipment made available to the region by the Territory. 67 Powers of Regional Recovery Coordinator The Regional Recovery Coordinator for a region has the following powers: (a) the powers necessary to perform his or her functions; (b) any other powers conferred on the Regional Recovery Coordinator by this Act. 68 Regional Recovery Coordinator subject to directions The Regional Recovery Coordinator for a region is subject to the directions of the Territory Recovery Coordinator. Division 9 Regional Recovery Coordination Committee 69 Establishment of Regional Recovery Coordination Committee If a Regional Recovery Coordinator is appointed for a region, a Regional Recovery Coordination Committee for the region is established. 70 Functions of Regional Recovery Coordination Committee A Regional Recovery Coordination Committee for a region has the following functions: (a) to direct resources for recovery operations in the region; (b) to advise and assist the Regional Recovery Coordinator for the region in the exercise of his or her powers and the performance of his or her functions; (c) any other functions conferred on it by the Territory Recovery Coordinator or this Act. 71 Powers of Regional Recovery Coordination Committee A Regional Recovery Coordination Committee has the following powers: (a) the powers necessary to perform its functions; (b) any other powers conferred on it by this Act. -- 28 of 51 -- Part 4 Emergency management structure Division 9 Regional Recovery Coordination Committee Emergency Management Act 2013 23 72 Membership of Regional Recovery Coordination Committee (1) The Regional Recovery Coordination Committee for a region consists of the following members: (a) the Regional Recovery Coordinator for the region; (b) the Regional Controller for the region; (c) each Local Recovery Coordinator for a locality in (or partly in) the region; (d) at least 11 persons appointed by the Council as mentioned in subsection (2); (e) any other person the Committee considers necessary or desirable to appoint. (2) Of the persons appointed under subsection (1)(d): (a) one must be a member of the NTES mentioned in section 45(c) and nominated by the Commissioner; and (b) one must be nominated by the Chief Executive Officer of the Agency primarily responsible for health; and (c) one must be nominated by the Chief Executive Officer of the Agency primarily responsible for community welfare services; and (d) one must be nominated by the Chief Executive Officer of the Agency primarily responsible for public housing; and (e) one must be nominated by the Chief Executive Officer of the Agency primarily responsible for infrastructure; and (f) one must be nominated by the Chief Executive Officer of the Agency primarily responsible for roads and transport; and (g) one must be nominated by the Chief Executive Officer of the Agency primarily responsible for education; and (h) one must be nominated by the Chief Executive Officer of the Department of the Chief Minister; and (i) one must be nominated by the Chief Executive Officer of the Power and Water Corporation; and (j) each local government council for a local government area in (or partly in) the region must nominate one person; and -- 29 of 51 -- Part 4 Emergency management structure Division 10 Local Emergency Controller Emergency Management Act 2013 24 (k) one must be nominated by the Regional Recovery Coordinator for the region to represent non-government welfare agencies. 73 How member may be appointed For section 72(1)(d) and (e), the Council or the Committee may appoint: (a) a person by name; or (b) a person by reference to the office, position or designation held or occupied by the person; or (c) a person from time to time holding or occupying a named office, position or designation. 74 Chairperson of Regional Recovery Coordination Committee The Regional Recovery Coordinator for a region is the chairperson of the Regional Recovery Coordination Committee for the region. 75 Procedures of Regional Recovery Coordination Committee The procedures of each Regional Recovery Coordination Committee are specified in Schedule 1. Division 10 Local Emergency Controller 76 Appointment of Local Controller (1) The Territory Controller may appoint a Local Emergency Controller for a locality if the Territory Controller considers it necessary to do so. (2) The person appointed must be: (a) if a police station is situated in the locality – the officer in charge of the police station; or (b) otherwise – either: (i) a resident of the locality; or (ii) a police officer. 77 Functions of Local Controller (1) The Local Controller for a locality has the following functions: (a) to supervise emergency operations in the locality; -- 30 of 51 -- Part 4 Emergency management structure Division 11 Local Emergency Committee Emergency Management Act 2013 25 (b) to ensure that the instructions, policies and procedures of the Territory Controller and the Regional Controller for the region in which the locality is located are complied with; (c) any other functions conferred on the Local Controller by the Territory Controller, the Regional Controller or by this Act. (2) The Local Controller is responsible for the care and maintenance of equipment made available to him or her by the NTES. 78 Powers of Local Controller The Local Controller for a locality has the following powers: (a) the powers necessary to perform his or her functions; (b) any other powers conferred on the Local Controller by this Act. 79 Local Controller subject to directions The Local Controller is subject to the directions of the Regional Controller for the region in which the locality is located. Division 11 Local Emergency Committee 80 Establishment of Local Emergency Committee If a Local Controller has been appointed for a locality, the Territory Controller may establish a Local Emergency Committee for the locality. 81 Functions of Local Emergency Committee The Local Emergency Committee for a locality has the following functions: (a) to advise and assist the Local Controller for the locality in the exercise of his or her powers and the performance of his or her functions; (b) any other functions conferred on the Committee by the Council or by this Act. 82 Powers of Local Emergency Committee The Local Emergency Committee has the following powers: (a) the powers necessary to perform its functions; (b) any other powers specified by this Act. -- 31 of 51 -- Part 4 Emergency management structure Division 12 Local Recovery Coordinator Emergency Management Act 2013 26 83 Membership of Local Emergency Committee The Local Emergency Committee for a locality consists of the following members: (a) the Local Controller for the locality; (b) one person (who must be a member of the NTES mentioned in section 45(c)) appointed by the Council on the nomination of the Commissioner; (c) any other person the Committee considers necessary or desirable to appoint. 84 How member may be appointed For section 83(b) and (c), the Council or the Committee may appoint: (a) a person by name; or (b) a person by reference to the office, position or designation held or occupied by the person; or (c) a person from time to time holding or occupying a named office, position or designation. 85 Chairperson of Local Emergency Committee The Local Controller for a locality is the chairperson of the Local Emergency Committee for the locality. 86 Procedures of Local Emergency Committee The procedures of each Local Emergency Committee are specified in Schedule 1. Division 12 Local Recovery Coordinator 87 Appointment of Local Recovery Coordinator The Regional Recovery Coordinator for a region that has been affected by an event may appoint a Local Recovery Coordinator for a locality within the region. -- 32 of 51 -- Part 4 Emergency management structure Division 13 Local Recovery Coordination Committee Emergency Management Act 2013 27 88 Functions of Local Recovery Coordinator (1) The Local Recovery Coordinator for a locality has the following functions: (a) to coordinate the assessment of recovery and restoration requirements in the locality; (b) to direct and coordinate recovery operations in the locality in accordance with any relevant approved emergency plan; (c) to ensure that the instructions, policies and procedures of the Territory Recovery Coordinator and the Regional Recovery Coordinator for the region in which the locality is located are complied with; (d) any other functions conferred on the Local Recovery Coordinator by the Territory Recovery Coordinator, the Regional Recovery Coordinator or by this Act. (2) The Local Recovery Coordinator is responsible for the care and maintenance of equipment made available to the Local Recovery Coordinator by the Territory. 89 Powers of Local Recovery Coordinator The Local Recovery Coordinator for a locality has the following powers: (a) the powers necessary to perform his or her functions; (b) any other powers conferred on the Local Recovery Coordinator by this or any other Act. 90 Local Recovery Coordinator subject to directions The Local Recovery Coordinator for a locality is subject to the directions of the Regional Recovery Coordinator for the region in which the locality is located. Division 13 Local Recovery Coordination Committee 91 Establishment of Local Recovery Coordination Committee If a Local Recovery Coordinator is appointed for a locality, the Territory Recovery Coordinator may establish a Local Recovery Coordination Committee for the locality. -- 33 of 51 -- Part 4 Emergency management structure Division 13 Local Recovery Coordination Committee Emergency Management Act 2013 28 92 Functions of Local Recovery Coordination Committee The Local Recovery Coordination Committee for a locality has the following functions: (a) to direct resources for recovery operations in the locality; (b) to advise and assist the Local Recovery Coordinator for the locality in the exercise of his or her powers and the performance of his or her functions; (c) any other functions conferred on it by the Territory Recovery Coordinator or the Regional Recovery Coordinator for the region in which the locality is located. 93 Powers of Local Recovery Coordination Committee The Local Recovery Coordination Committee has the following powers: (a) the powers necessary to perform its functions; (b) any other powers conferred on it by this Act. 94 Membership of Local Recovery Coordination Committee The Local Recovery Coordination Committee for a locality consists of the following members: (a) the Local Recovery Coordinator for the locality; (b) the Local Controller for the locality; (c) any other person the Committee considers necessary or desirable to appoint. 95 How member may be appointed For section 94(c), the Committee may appoint: (a) a person by name; or (b) a person by reference to the office, position or designation held or occupied by the person; or (c) a person from time to time holding or occupying a named office, position or designation. -- 34 of 51 -- Part 5 Enforcement Division 1 Authorised officers Emergency Management Act 2013 29 96 Chairperson of Local Recovery Coordination Committee The Local Recovery Coordinator for a locality is the chairperson of the Local Recovery Committee for the locality. 97 Procedures of Local Recovery Coordination Committee The procedures of each Local Recovery Committee are specified in Schedule 1. Part 5 Enforcement Division 1 Authorised officers 98 Authorised officers (1) Each of the following is an authorised officer: (a) the Territory Controller; (b) the Territory Recovery Coordinator; (c) the Commissioner; (ca) the Chief Officer; (cb) the Chief Officer as defined in section 3(1) of the Fire and Emergency Act 1996; (d) within a region: (i) the Regional Controller for the region; and (ii) the Regional Recovery Coordinator for the region; (e) within a locality: (i) the Local Controller for the locality; and (ii) the Local Recovery Coordinator for the locality; (f) a police officer; (g) a person appointed under subsection (2). (2) A person mentioned in subsection (1)(a) to (e) may appoint another person to be an authorised officer. -- 35 of 51 -- Part 5 Enforcement Division 2 Offences relating to authorised officers Emergency Management Act 2013 30 99 Issue of identity card (1) The Commissioner must give each authorised officer who is not a police officer an identity card stating the person's name and that the person is an authorised officer. (2) The identity card must: (a) show a recent photograph of the authorised officer; and (b) show the card's date of issue; and (c) be signed by the authorised officer. 100 Return of identity card (1) A person who ceases to be an authorised officer must return the person's identity card to the Commissioner within 21 days after the cessation. Maximum penalty: 20 penalty units. (2) An offence against subsection (1) is an offence of strict liability. (3) It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse. Division 2 Offences relating to authorised officers 101 Failure to comply with direction (1) A person commits an offence if: (a) an authorised officer gives the person a direction under section 23(1)(a), (c) or (e) or 24(1)(a) or (b); and (b) the person knows the other person is an authorised officer acting in an official capacity; and (c) the person engages in conduct that results in a contravention of the direction. Maximum penalty: 100 penalty units or imprisonment for 12 months. (2) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes a reasonable excuse. -- 36 of 51 -- Part 5 Enforcement Division 2 Offences relating to authorised officers Emergency Management Act 2013 31 102 Falsely representing to be authorised officer (1) A person commits an offence if the person: (a) represents, by words or conduct, that the person or another person is an authorised officer; and (b) the representation is false; and (c) the person makes the representation intending to deceive. Maximum penalty: 200 penalty units or imprisonment for 2 years. (2) Strict liability applies to subsection (1)(b). 103 Obstructing authorised officer (1) A person commits an offence if: (a) the person obstructs another person acting in an official capacity as an authorised officer; and (b) the person knows the other person is an authorised officer acting in an official capacity. Maximum penalty: 200 penalty units or imprisonment for 2 years. (2) In this section: acting in an official capacity, in relation to an authorised officer, means the officer is exercising powers or performing functions under, or otherwise related to the administration of, this Act. obstruct includes hinder and resist. 104 Misleading information (1) A person commits an offence if: (a) the person gives information to an another person; and (b) the other person is an authorised officer; and (c) the person knows the information is misleading; and -- 37 of 51 -- Part 5 Enforcement Division 3 Miscellaneous matters Emergency Management Act 2013 32 (d) the person knows the authorised officer is acting in an official capacity. Maximum penalty: 400 penalty units or imprisonment for 2 years. (2) A person commits an offence if: (a) the person gives a document to an another person; and (b) the other person is an authorised officer; and (c) the person knows the document contains misleading information; and (d) the person knows the authorised officer is acting in an official capacity. Maximum penalty: 400 penalty units or imprisonment for 2 years. (3) Strict liability applies to subsections (1)(b) and (2)(b). (4) Subsection (2) does not apply if the person, when giving the document: (a) draws the misleading aspect of the document to the attention of the authorised officer; and (b) to the extent to which the person can reasonably do so – gives the authorised officer the information necessary to remedy the misleading aspect of the document. (5) In this section: misleading information means information that is misleading in a material particular or because of the omission of a material particular. Division 3 Miscellaneous matters 105 Entering Aboriginal land (1) An authorised officer may enter and remain on Aboriginal land (as defined in section 3 of the Aboriginal Land Act 1978) if it is reasonably necessary to do so for the authorised officer to exercise a power or to perform a function under this Act. -- 38 of 51 -- Part 6 Compensation for loss Emergency Management Act 2013 33 (2) Subsection (1): (a) has effect despite any law in force in the Territory; and (b) does not affect the operation of any other provision of this Act. 106 Criminal liability of executive officer of body corporate (1) An executive officer of a body corporate commits an offence if: (a) the body corporate commits an offence under this Act (the relevant offence); and (b) the officer was in a position to influence the conduct of the body corporate in relation to the commission of the offence; and (c) the officer failed to take reasonable steps to prevent the commission of the offence; and (d) the officer was reckless about whether the commission of the offence would happen. Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence. (2) This section does not affect the liability of the body corporate for the relevant offence. (3) This section applies whether or not the body corporate is prosecuted for, or convicted of, the relevant offence. (4) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence. (5) In this section: executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate. Part 6 Compensation for loss 107 Definitions In this Part: claimant means the owner or occupier of property who suffers loss because the property is placed under the control of an authorised officer under section 23(1)(e). -- 39 of 51 -- Part 6 Compensation for loss Emergency Management Act 2013 34 108 Limitation on compensation A claimant is not entitled to compensation from the Territory for a loss to the extent: (a) of any amount recovered or recoverable for the loss by the claimant under an insurance policy; or (b) that the conduct of the claimant contributed to the loss. 109 Application for compensation (1) The claimant may apply, in writing, to the Minister for compensation. (2) The application must state particulars of the loss, the amount claimed and the basis for the amount claimed. 110 Decision on application (1) The Minister must decide the application within 28 days after receiving it. (2) If the Minister is satisfied that the claimant is entitled to compensation, the Minister must accept the claim by giving written notice of acceptance to the claimant setting out: (a) an offer to the claimant of the amount of compensation to which the Minister considers the claimant is entitled; and (b) an explanation of how the amount was decided. (3) The claimant may, in writing: (a) accept the offer; or (b) reject the offer. (4) If the claimant accepts the offer, the Territory must pay the amount to the claimant. (5) If the Minister does not decide the application within 28 days after receiving it, the Minister is taken to have refused to pay compensation. 111 Application to court If the Minister refuses to pay compensation or the claimant does not accept an offer of compensation, the claimant may apply to a court of competent jurisdiction to recover from the Territory the reasonable compensation that the court decides. -- 40 of 51 -- Part 7 Miscellaneous matters Emergency Management Act 2013 35 Part 7 Miscellaneous matters 112 Delegation (1) Each of the following persons may delegate any of the person's powers and functions under this Act to another person: (a) the Minister; (b) the Territory Controller; (c) the Territory Recovery Coordinator; (d) the Commissioner; (e) a Regional Controller; (f) a Regional Recovery Coordinator; (g) a Local Controller; (h) a Local Recovery Coordinator. (2) However: (a) a Local Controller for a locality must not delegate any of the Local Controller's powers or functions without the written approval of the Regional Controller for the region in which the locality is located; and (b) a Local Recovery Coordinator for a locality must not delegate any of the Local Controller's powers or functions without the written approval of the Regional Recovery Coordinator for the region in which the locality is located. 113 Protection from liability (1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as any of the following: (a) a member of an emergency management body; (b) an authorised officer; (c) a member of the NTES. (2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission. -- 41 of 51 -- Part 8 Repeals and transitional matters Division 2 Transitional matters Subdivision 1 Interpretation Emergency Management Act 2013 36 (3) In this section: exercise, of a power, includes the purported exercise of the power. performance, of a function, includes the purported performance of the function. 114 Protection of employment (1) This section applies if: (a) a person is required to conduct or assist in the conduct of functions under this Act during an emergency situation, a state of emergency or a state of disaster; and (b) as a result, the person is absent from his or her usual employment. (2) The person is not liable for dismissal or loss of any of his or her usual employment rights or benefits (including long service leave, sick leave and recreation leave) only because the person is absent, whether or not the person's employer has consented to the absence. 115 Regulations The Administrator may make regulations under this Act. Part 8 Repeals and transitional matters Division 1 Repeals 116 Repeals The Acts specified in Schedule 2 are repealed. Division 2 Transitional matters Subdivision 1 Interpretation 117 Definitions In this Division: commencement day means the day on which section 116 commences. -- 42 of 51 -- Part 8 Repeals and transitional matters Division 2 Transitional matters Subdivision 2 Office holders Emergency Management Act 2013 37 repealed Act means the Disasters Act 1982 as in force immediately before the commencement day. Subdivision 2 Office holders 118 Members of Council A person who, immediately before the commencement day, was a member of the Northern Territory Counter Disaster Council appointed under section 7(2)(c) of the repealed Act is taken to be a member of the Territory Emergency Management Council appointed under section 40(1)(d) of this Act. 119 Members of Region Counter Disaster Planning Committee A person who, immediately before the commencement day, was a member of a Region Counter Disaster Planning Committee for a region appointed under: (a) section 24(1)(b) of the repealed Act, is taken to be a member of the Regional Emergency Committee for the region appointed under section 61(1)(c) of this Act with reference to section 61(2)(a); and (b) section 24(1)(c) of the repealed Act, is taken to be a member of the Regional Emergency Committee for the region appointed under section 61(1)(c) of this Act with reference to section 61(2)(b); and (c) section 24(1)(d) of the repealed Act, is taken to be a member of the Regional Emergency Committee for the region appointed under section 61(1)(c) of this Act with reference to section 61(2)(c); and (d) section 24(1)(g) of the repealed Act, is taken to be a member of the Regional Emergency Committee for the region appointed under section 61(1)(c) of this Act with reference to section 61(2)(l). 120 Members of Local Counter Disaster Planning Committee A person who, immediately before the commencement day, was a member of a Local Counter Disaster Council for a locality appointed under section 30(1)(b) of the repealed Act, is taken to be a member of the Local Emergency Committee for the locality appointed under section 83(b) of this Act. -- 43 of 51 -- Part 8 Repeals and transitional matters Division 2 Transitional matters Subdivision 3 Instruments Emergency Management Act 2013 38 121 Director of NTES The person who, immediately before the commencement day, was the Director of the NTES under section 14 of the repealed Act, is taken to be the Director appointed under section 48 of this Act. 122 Regional Controllers A person who, immediately before the commencement day, was a Regional Counter Disaster Controller for a region appointed under section 22 of the repealed Act, is taken to be the Regional Emergency Controller for the region appointed under section 54 of this Act. 123 Local Controllers A person who, immediately before the commencement day, was a Local Counter Disaster Controller for a locality appointed under section 28 of the repealed Act, is taken to be the Local Emergency Controller for the locality appointed under section 76 of this Act. 124 Authorized persons A person who, immediately before the commencement day, was an authorized person as defined in sections 37(4) and 38(5) of the repealed Act, is taken to be an authorised officer appointed under section 98(2) of this Act. 125 Voluntary members of NTES A person who, immediately before the commencement day, was a voluntary member as defined in section 4 of the repealed Act is taken to be a volunteer member of the NTES appointed under section 52 of this Act. Subdivision 3 Instruments 126 Regions A notice of a division of the Territory into regions published in the Gazette under section 9(2)(b) of the repealed Act and in force immediately before the commencement day, is taken to be a notice dividing the Territory into regions published in the Gazette under section 27 of this Act. -- 44 of 51 -- Part 9 Transitional matters for Fire and Emergency Legislation Amendment Act 2024 Emergency Management Act 2013 39 127 Counter disaster plans (1) A counter disaster plan for the Territory approved by the Northern Territory Counter Disaster Council under section 9(1)(b) of the repealed Act and in force immediately before the commencement day, is taken to be an approved emergency plan for the Territory approved by the Territory Emergency Management Council under section 10(3) of this Act. (2) A counter disaster plan for a region approved by the Northern Territory Counter Disaster Council under section 9(1)(b) of the repealed Act and in force immediately before the commencement day, is taken to be an approved emergency plan for the region approved by the Territory Controller under section 13(2) of this Act. (3) A counter disaster plan for a locality approved by the Northern Territory Counter Disaster Council under section 9(1)(b) of the repealed Act and in force immediately before the commencement day, is taken to be an approved emergency plan for the locality approved by the Territory Controller under section 16(2) of this Act. (4) The Director must ensure a plan mentioned in subsection (1) is available for inspection by the public. (5) The Territory Controller must ensure a plan mentioned in subsection (2) or (3) is available for inspection by the public. Part 9 Transitional matters for Fire and Emergency Legislation Amendment Act 2024 128 Definition In this Part: commencement means commencement of section 3 of the Fire and Emergency Legislation Amendment Act 2024. 129 Director and nominated member of Regional Emergency Committee (1) The person who, immediately before the commencement, was the Director appointed under section 48, is taken, on the commencement, to be the Chief Officer. (2) The person who was nominated under section 61(2)(b) and, immediately before the commencement, was a member of a Regional Emergency Committee and continues as a member after commencement in accordance with the person's appointment. -- 45 of 51 -- Part 9 Transitional matters for Fire and Emergency Legislation Amendment Act 2024 Emergency Management Act 2013 40 130 Actions, agreement, arrangements and plans Any action, agreement, arrangement, plan or other thing taken, made, prepared or done by the Director and in effect immediately before the commencement is taken, after the commencement, to be taken, made or done by the Commissioner. 131 Protection from liability Section 113 continues to apply to any act done or omitted to be done in good faith in the exercise of a power or performance of a function by the Director before the commencement. -- 46 of 51 -- Schedule 1 Procedures of emergency management bodies Emergency Management Act 2013 41 Schedule 1 Procedures of emergency management bodies sections 43, 64, 75, 86 and 97 1 Procedures Subject to this Act, an emergency management body may determine its own procedures. 2 Meetings The chairperson of an emergency management body may convene a meeting of the body at any time. 3 Quorum at meeting (1) The quorum for a meeting of an emergency management body is a majority of members of the body, including the chairperson. (2) If a member of an emergency management body is unable to attend a meeting, the member may, in writing, appoint a person to attend the meeting as the member's proxy. 4 Presiding member at meeting A meeting of an emergency management body must be presided over by the chairperson of the body. 5 Voting at meeting – Council (1) A decision at a meeting of the Council is determined by the majority vote of members present and voting. (2) If there is an equality of votes: (a) the co-chairpersons have a joint casting vote; and (b) if the co-chairpersons cannot agree how to cast the joint casting vote – the decision must be referred to the Minister for determination. 6 Voting at meeting – other bodies (1) A decision at a meeting of an emergency management body other than the Council is determined by the majority vote of members present and voting. (2) If there is an equality of votes, the chairperson has a casting vote. -- 47 of 51 -- Schedule 1 Procedures of emergency management bodies Emergency Management Act 2013 42 7 Records of meetings An emergency management body must keep accurate records of its meetings. -- 48 of 51 -- Schedule 2 Repealed Acts Emergency Management Act 2013 43 Schedule 2 Repealed Acts section 116 Disasters Act 1982 Act No. 96 of 1982 Disasters Amendment Act 1988 Act No. 52 of 1988 Disasters Amendment Act 2007 Act No. 21 of 2007 -- 49 of 51 -- ENDNOTES Emergency Management Act 2013 44 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Emergency Management Act 2013 (Act No. 27, 2013) Assent date 8 November 2013 Commenced 27 November 2013 (Gaz S63, 27 November 2013) Bushfires Management Act 2016 (Act No. 14, 2016) Assent date 7 June 2016 Commenced 1 November 2016 (Gaz S111, 27 October 2016) Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Local Government Act 2019 (Act No. 39, 2019) Assent date 13 December 2019 Commenced pt 8.6: 1 July 2022; rem 1 July 2021 (Gaz S27, 30 June 2021) Amending Legislation Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Local Government Amendment Act 2021 (Act No. 15, 2021) Assent date 25 May 2021 Commenced 26 May 2021 (s 2) Fire and Emergency Legislation Amendment Act 2024 (Act No. 5, 2024) Assent date 14 March 2024 Commenced 16 July 2024 (Gaz S67, 15 July 2024) -- 50 of 51 -- ENDNOTES Emergency Management Act 2013 45 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 6, 8, 24, 44, 61 and 105 and Sch 3 and 4. 4 LIST OF AMENDMENTS s 8 amd No. 39, 2019, s 370; No. 5, 2024, s 4 ss 9 – 11 amd No. 5, 2024, s 16 s 13 amd No. 5, 2024, s 16 s 16 amd No. 5, 2024, s 16 s 18 amd No. 26, 2020, s 3 s 25 amd No. 5, 2024, s 5 s 37 amd No. 5, 2024, s 16 s 40 amd No. 5, 2024, s 6 s 45 amd No. 5, 2024, s 7 s 48 sub No. 5, 2024, s 8 s 49 amd No. 5, 2024, s 9 s 50 amd No. 5, 2024, s 10 s 51 rep No. 5, 2024, s 11 ss 52 – 53 amd No. 5, 2024, s 16 s 61 amd No. 14, 2016, s 120; No. 5, 2024, s 12 s 72 amd No. 5, 2024, s 16 s 83 amd No. 5, 2024, s 16 s 98 amd No. 5, 2024, s 13 ss 99 – 100 amd No. 5, 2024, s 16 s 112 amd No. 5, 2024, s 16 pt 9 hdg sub No. 5, 2024, s 14 ss 128 – 129 sub No. 5, 2024, s 14 ss 130 – 131 ins No. 5, 2024, s 14 sch 3 – 4 rep No. 5, 2024, s 15 -- 51 of 51 --
Official source: https://legislation.nt.gov.au/en/Legislation/EMERGENCY-MANAGEMENT-ACT-2013