Australian Capital Territory Repealed Acts

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This legislation has been repealed.

EMERGENCY MANAGEMENT ACT 1999 (REPEALED) - SECT 3

Interpretation for Act

    (1)     In this Act:

Note      A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).

"agency", means a Territory agency or a Commonwealth or State agency.

"alternate controller" means the alternate controller provided for under section 23.

"ambulance service" means the ACT Ambulance Service provided for under section 55 (1).

"casual volunteer" means a person (whether or not a resident of the Territory) who—

        (a)     at the request, or with the consent, of the person in charge of an activity forming part of an operation in which a Territory service is participating, assists members of the Territory service in carrying out the activity without remuneration or reward; or

        (b)     on his or her own initiative and without remuneration or reward, assists members of a Territory service participating in an operation;

but does not include—

        (c)     a member of a Territory service; or

        (d)     a member of a support unit, or a specialist person, operating in the Territory under an arrangement entered into under division 2.4.

"chief fire control officer" means the Chief Fire Control Officer appointed under the Bushfire Act 1936 .

"Commonwealth or State agency" means—

        (a)     a department of state of the Commonwealth or a State; or

        (b)     a body, whether incorporated or not, established for a public purpose by or under an Act of the Commonwealth or a State; or

        (c)     the holder of an office established by an Act of the Commonwealth or a State;

    and includes, in relation to an office referred to in paragraph (c), the staff required to assist the office-holder but does not include a Territory corporation.

"controller"—

        (a)     in relation to a provision the functions and powers of which are the subject of an assignment under section 22 (2)—means the chief police officer, and includes the alternate controller; or

        (b)     in relation to any other provision—means the Minister.

"declared emergency" means an emergency in respect of which a declaration is made under section 20.

"director" means the director of the emergency service provided for under section 46.

"emergency" means an event (such as fire, flood, storm, earthquake, drought, explosion, accident, shortage of electricity, gas or water, epidemic or animal disease), actual or imminent, which requires a significant and coordinated response.

"emergency area", in relation to a declared emergency, means—

        (a)     the Territory; or

        (b)     where the declaration of the emergency is expressed to relate only to a part of the Territory—that part.

"emergency management" means the establishment of plans, structures and arrangements so as to coordinate the resources of agencies, and organisations and other persons in a comprehensive approach to facilitate prevention, preparedness, response and recovery in relation to emergencies or emergency risks.

"emergency period", in relation to a declared emergency, means the period between the declaration of the emergency and the revocation of the declaration.

"emergency plan" means the emergency plan prepared under section11  (1), as amended and in force from time to time.

"emergency risk" includes the risk of an emergency arising from—

        (a)     civil defence requirements associated with warlike action; or

        (b)     mass gatherings of people at sporting and other events; or

        (c)     a significant disruption of essential services; or

        (d)     technological problems including the widespread simultaneous failure of computers.

"emergency service" means the ACT Emergency Service established by section 44 (1).

"executive director" means the Executive Director provided for under section 4.

"executive head" means a person with day-to-day control of an agency or organisation.

"land" includes water.

"loss", in relation to a person, includes injury or damage suffered, and expenses reasonably incurred, by the person.

"management committee" means the Emergency Management Committee established by section 7 (1).

"manual", in relation to the emergency service, means the operations manual prepared under section 48 (1), as amended and in force from time to time.

"organisation" means a society, body or group of persons, whether corporate or unincorporate but does not include an agency.

"Public Sector Management Act" means the Public Sector Management Act 1994 .

"recovery operations" means measures taken under this Act during or after an emergency period for the purpose, as far as practicable, of assisting persons and communities to achieve an effective level of functioning.

"response operations" means measures taken under this Act during an emergency period to protect life or property.

"specialist person" means a person who possesses a skill appropriate for dealing with an aspect of an emergency whether or not that skill corresponds to a recognised field of expertise.

"State" includes another Territory.

"structure" includes industrial plant and equipment.

"support unit" means a unit (however described) forming part of an agency or organisation being a unit consisting of 1 or more persons and associated equipment (such as ambulance officers and an ambulance) the functions of which consist of, or include, responding to an event such as fire, flood, storm, earthquake, explosion, accident, epidemic or animal disease.

"Territory agency" means—

        (a)     an administrative unit; or

        (b)     a body, whether incorporated or not, established for a public purpose by or under an Act; or

        (c)     a Territory corporation; or

        (d)     the holder of an office established by an Act;

    and includes, in relation to an office referred to in paragraph (d), the staff required to assist the office-holder.

"Territory corporation" means—

        (a)     a Territory owned corporation within the meaning of the Territory Owned Corporations Act 1990 ; or

        (b)     any other corporation established under the Corporations Act being a corporation the directors of which, or a majority of the directors of which, are appointed by a Minister or a Territory authority or instrumentality.

"Territory service" means—

        (a)     the emergency service; or

        (b)     the ambulance service.

"vehicle" includes an aircraft, a boat and a train.

    (2)     In this Act, a reference to the head of a Territory service shall be taken to be a reference to—

        (a)     in the case of the emergency service—the director; and

        (b)     in the case of the ambulance service—the chief officer of the ambulance service.

    (3)     In this Act, a reference to the head of a Territory agency shall be taken to be a reference to the person with day-to-day control of the agency.

    (4)     In this Act, a reference to a member of an agency shall be taken to include a reference to a person employed by or in an agency.



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