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This instrument repeals the Telecommunications (Data for emergency warning systems) Instrument 2016 and implements a new instrument to accommodate changes to titles and functions of State and Territory emergency management persons and emergency laws since 2016. It will ensure States and Territories can continue to access and use information held in the Integrated Public Number Database (IPND), to issue emergency warnings to the public.
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 12 Nov 2020
Table of contents.

Commonwealth Coat of Arms of Australia

 

Telecommunications (Data for emergency warning systems) Instrument 2020

I, Peter Dutton, Minister for Home Affairs, make this instrument under subsections 275B(2) and 275D(2) of the Telecommunications Act 1997.

Dated   05 November 2020                             

[signed Peter Dutton]

Minister for Home Affairs


Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

5  Schedules................................................................................................................................. 6

6  Specification of emergency management persons..................................................................... 6

7  Specification of emergency law................................................................................................ 8

Schedule 1—Repeals                                                                                                     9

Telecommunications (Data for emergency warning systems) Instrument 2016                         9

 

 

 


1  Name

                   This instrument is the Telecommunications (Data for emergency warning systems) Instrument 2020.

2  Commencement

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

3  Authority

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

4  Definitions

                   In this instrument:

Act means the Telecommunications Act 1997.

Assistant Commissioner QFES means a person appointed as Assistant Commissioner QFES and employed under section 25 of the Fire and Emergency Services Act 1990 (Qld).

Chairperson, State Disaster Coordination Group means the position of Chair of the State Disaster Coordination Group mentioned in the Queensland State Disaster Management Plan (published 2018) made in accordance with section 49 of the Disaster Management Act 2003 (Qld).

Chief Commissioner of Police means the position of Chief Commissioner of Police mentioned in section 17 of the Victoria Police Act 2013 (Vic).

Chief Executive, Emergency Management Victoria means the position mentioned in section 20 of the Emergency Management Act 2013 (Vic).

Chief Fire Officer, Department of Environment, Land, Water and Planning, means the position of Chief Fire Officer mentioned in section 61A of the Forests Act 1958 (Vic).

Chief Officer, Country Fire Authority means the position of Chief Officer mentioned in section 17 of the Country Fire Authority Act 1958 (Vic).

Fire Rescue Commissioner of Fire Rescue Victoria means the position of Fire Rescue Commissioner of Fire Rescue Victoria mentioned in paragraph 7(c) of the Fire Rescue Victoria Act 1958 (Vic).

Chief Officer of SACFS means the position of Chief Officer of SACFS mentioned in subsection 60(1) of the Fire and Emergency Services Act 2005 (SA).

Chief Officer of SAMFS means the position of Chief Officer of SAMFS mentioned in subsection 27(1) of the Fire and Emergency Services Act 2005 (SA).

Chief Officer of SASES means the position of Chief Officer of SASES mentioned in subsection 109(1) of the Fire and Emergency Services Act 2005 (SA).

Chief Officer, Tasmania Fire Service means the position of Chief Officer mentioned in subsection 10(1) of the Fire Service Act 1979 (Tas).

Chief Officer, Operations, Victoria State Emergency Service means the position of Chief Officer, Operations mentioned in section 29 of the Victoria State Emergency Service Act 2005 (Vic).

Chief Police Officer means the position of Chief Police Officer of the ACT, authorised under arrangements in section 8 subsection 1A of the Australian Federal Police Act 1979 (Cth) and defined in the Dictionary of the Legislation Act 2001 (ACT).

Chief Superintendent QFES means a person appointed as Chief Superintendent QFES for the Fire and Rescue Service or the Rural Fire Service and employed under section 25 of the Fire and Emergency Services Act 1990 (Qld).

Commander, State Disaster Coordination Centre means the position of Commander of the State Disaster Coordination Centre mentioned in the Queensland State Disaster Management Plan (published May 2018) made in accordance with section 49 of the Disaster Management Act 2003 (Qld).

Commissioner, Fire and Rescue NSW means the position of Commissioner mentioned in subsection 3(1) of the Fire Brigades Act 1989 (NSW).

Commissioner, NSW Police Force means the position of Commissioner of Police mentioned in subsection 24(1) of the Police Act 1990 (NSW).

Commissioner, NSW Rural Fire Service means the position of Commissioner of the NSW Rural Fire Service mentioned in subsection 10 (1) of the Rural Fires Act 1997 (NSW).

Commissioner of Police, South Australia Police means the position of Commissioner of Police mentioned in section 12 of the Police Act 1998 (SA).

Commissioner of Police, Tasmania Police means the position of Commissioner of Police mentioned in section 6 of the Police Service Act 2003 (Tas).

Commissioner of Police, Western Australia means the position of Commissioner of Police mentioned in section 5 of the Police Act 1892 (WA).

Commissioner of Police for the Australian Federal Police means the position of Commissioner of Police mentioned in subsection 17(1) of the Australian Federal Police Act 1979 (Cth).

Commissioner, Queensland Fire and Emergency Services means the position of Commissioner mentioned in section 5 of the Fire and Emergency Services Act 1990 (Qld).

Commissioner, Queensland Police Service means the position of Commissioner of the Police Service mentioned in section 4.2 of the Police Service Administration Act 1990 (Qld).

Commissioner, State Emergency Service of New South Wales means the position of Commissioner of the State Emergency Service mentioned in the definition of ‘Commissioner’ in subsection 3(1) of the State Emergency Service Act 1989 (NSW).

 

                    Deputy Commander, State Disaster Coordination Centre means:

(a)   a person appointed at Deputy Commander, State Disaster Coordination Centre and employed under section 25 of the Fire and Emergency Services Act 1990 (Qld); or

(b)   a person appointed as Deputy Commander, State Disaster Coordination Centre, QFES and appointed under section 119 of the Public Service Act 2008 (Qld).

Deputy Commissioner of Police means the position of Deputy Commissioner of Police mentioned in subsection 14(1) of the Police Act 1998 (SA).

Deputy Commissioner QFES means:

(a) a person appointed as Deputy Commissioner QFES under section 25 of the Fire and Emergency Services Act 1990 (Qld); or

(b) a person appointed as Deputy Commissioner QFES and appointed under section 110 of the Public Service Act 2008 (Qld).

Director, State Coordination Command, QFES means:

(a) a person appointed as Director, State Coordination Command, QFES and employed under section 25 of the Fire and Emergency Services Act 1990 (Qld); or

(b) a person appointed as Director, State Coordination Command, QFES and appointed under section 119 of the Public Service Act 2008 (Qld).

Deputy State Emergency Management Controller means the position of Deputy State Emergency Management Controller mentioned in subsection 10 (2) of the Emergency Management Act 2006 (Tas).

Director, State Emergency Service means a person appointed as Director, State Emergency Service and appointed under section 119 of the Public Service Act 2008 (Qld).

Director-General, Emergency Management Australia means the position occupied by the head of Emergency Management Australia, part of the Department of Home Affairs.

Director-General, NSW Department of Health means the position of Director-General of the Department of Health mentioned in the definition of ‘Director-General’ in subsection 4 (1) of the Health Administration Act 1982 (NSW).

Director General, Department of Health means the position of CEO mentioned in section 3 of the Health Legislation Administration Act 1984 (WA).

Director General, Department of Biodiversity, Conservation and Attractions means the position of CEO mentioned in section 3 of the Conservation and Land Management Act 1984 (WA).

Director of Public Health means the position of Director of Public Health mentioned in subsection 6 (1) of the Public Health Act 1997 (Tas).

Director of the Northern Territory Emergency Service means the position of Director of the Northern Territory Emergency Service mentioned in section 48 of the Emergency Management Act 2013 (NT).

Director of the State Emergency Service means the position of Director of the State Emergency Service mentioned in section 27 of the Emergency Management Act 2006 (Tas).

Emergency Commander means the emergency commander mentioned in subsection 5(1) of the Public Safety Preservation Act 1986 (Qld).

Emergency Management Commissioner means the position mentioned in subsection 24 (1) of the Emergency Management Act 2013 (Vic).

Emergency Services Commissioner, ACT means the position of ACT Emergency Services Commissioner mentioned in section 7 of the Emergencies Act 2004 (ACT).

Executive Manager, Emergency Management (Far Northern Region), QFES means a person appointed as Executive Manager, Emergency Management (Far Northern Region), QFES and appointed under section 119 of the Public Service Act 2008 (Qld).

Executive Manager, State Coordination Command, QFES means:

(a) a person appointed as Executive Manager, State Coordination Command, QFES and employed under section 25 of the Fire and Emergency Services Act 1990 (Qld);or

(b) a person appointed as Executive Manager, State Coordination Command, QFES and appointed under section 119 of the Public Service Act 2008 (Qld).

Executive Officer, State Group means the position of executive officer of the State Group mentioned in section 21 of the Disaster Management Act 2003 (Qld).

Fire and Emergency Services Commissioner means the position of Fire and Emergency Services Commissioner mentioned in section 3 of the Fire and Emergency Services Act 1998 (WA).

Officer in charge of an agency having overall control of response activities in relation to a Class 2 emergency means the position mentioned in section 39 of the Emergency Management Act 2013 (Vic).

position includes office.

Regional Controller means a position of Regional Emergency Controller mentioned in section 54 of the Emergency Management Act 2013 (NT).

Regional Emergency Management Controller means a position of Regional Emergency Management Controller mentioned in subsection 17 (1) of the Emergency Management Act 2006 (Tas).

Regional Director, State Emergency Service (Far Northern Region) means a person appointed to the position of Regional Director, State Emergency Service (Far Northern Region), and employed under section 119 of the Public Service Act 2008 (Qld).

Regional Manager, State Emergency Service means a person appointed as Regional Manager, State Emergency Service and appointed under section 119 of the Public Service Act 2008 (Qld);

Secretary to the Department of Environment, Land, Water and Planning means the position of Secretary mentioned in section 6 of the Conservation, Forests and Lands Act 1987 (Vic).

State Co-ordinator means the position of State Co-ordinator mentioned in section 14 of the Emergency Management Act 2004 (SA).

Superintendent QFES means a person appointed to the position of Superintendent QFES for the Fire and Rescue Service or the Rural Fire Service and employed under section 25 of the Fire and Emergency Services Act 1990 (QLD).

Note   Section 14 of the Emergency Management Act 2004 (SA) provides that the Commissioner of Police is appointed as the State Co-ordinator.

State Disaster Coordinator means a position of State Disaster Coordinator appointed pursuant to section 21B of the Disaster Management Act 2003 (Qld).

State Emergency Coordinator means the office of State Emergency Coordinator mentioned in section 10 of the Emergency Management Act 2005 (WA).

State Emergency Management Controller means the position of State Emergency Management Controller mentioned in subsection 10 (1) of the Emergency Management Act 2006 (Tas).

State Emergency Operations Controller means the position of State Emergency Operations Controller mentioned in subsection 18 (1) of the State Emergency and Rescue Management Act 1989 (NSW).

State Response Controller means the position of State Response Controller mentioned in section 37 of the Emergency Management Act 2013 (Vic).

Territory Controller means the position of Territory Emergency Controller mentioned in section 28 of the Emergency Management Act 2013 (NT).

Note   Section 28 of the Emergency Management Act 2013 (NT) provides that the Commissioner of Police is the Territory Emergency Controller.

Terrorist Emergency Commander means the person appointed as terrorist emergency commander under subsection 8A(2) of the Public Safety Preservation Act 1986 (Qld).

5  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

6  Specification of emergency management persons

                   For the definition of emergency management person in subsection 275B(1) of the Act, each position mentioned in the following table, is specified.

 

Item

Jurisdiction

Position

1

Commonwealth

   (a)  Commissioner of Police for the Australian Federal Police

  (b)  Director-General, Emergency Management Australia

2

New South Wales

   (a)  Commissioner, Fire and Rescue NSW

  (b)  Commissioner, NSW Police Force

   (c)  Commissioner, NSW Rural Fire Service

  (d)  Commissioner, State Emergency Service of New South Wales

   (e)  Director-General, NSW Department of Health

   (f)  State Emergency Operations Controller

3

Victoria

   (a)  Chief Commissioner of Police

  (b)  Chief Executive, Emergency Management Victoria

   (c)  Chief Fire Officer, Department of Environment, Land, Water and Planning

   (d)  Chief Officer, Country Fire Authority

   (e)  Chief Officer, Operations, Victoria State Emergency Service

   (f)   Emergency Management Commissioner

   (g)  Fire Rescue Commissioner of Fire Rescue Victoria

   (h)  Officer in charge of an agency having overall control of response activities in relation to a Class 2 emergency

   (i)   Secretary to the Department of Environment, Land, Water and Planning

   (j)   State Response Controller

4

Queensland

   (a)  Assistant Commissioner QFES

   (b)  Chief Superintendent QFES

   (c)  Chairperson, State Disaster Coordination Group 

   (d)  Commander, State Disaster Coordination Centre

   (e)  Commissioner, Queensland Fire and Emergency Services

   (f)  Commissioner, Queensland Police Service

   (g)  Deputy Commissioner QFES

   (h)  Deputy Commander, State Disaster Coordination Centre

   (i)   Regional Director, State Emergency Service (Far Northern Region)

   (j)   Director, State Coordination Command, QFES

   (k)  Director, State Emergency Service

   (l)   Emergency Commander

  (m)  Executive Manager, Emergency Management (Far Northern Region), QFES

   (n)  Executive Manager, State Coordination    Command, QFES

   (o)  Executive Officer, State Group

   (p)  Regional Manager, State Emergency Service

  (q)  State Disaster Coordinator

   (r)  Superintendent QFES

   (s)  Terrorist Emergency Commander

 

5

Western Australia

   (a)  Commissioner of Police, Western Australia

   (b)  Director General, Department of Health

   (c)  Director General, Department of Biodiversity, Conservation and Attractions  

   (d)   Fire and Emergency Services Commissioner

   (e)   State Emergency Coordinator

6

South Australia

   (a)  Chief Officer of SACFS

  (b)  Chief Officer of SAMFS

   (c)  Chief Officer of SASES

  (d)  Commissioner of Police, South Australia Police

   (e)  Deputy Commissioner of Police

   (f)  State Co-ordinator

7

Tasmania

   (a)  Chief Officer, Tasmania Fire Service

  (b)  Deputy State Emergency Management Controller

   (c)  Director of Public Health

  (d)  Director of the State Emergency Service

   (e)  Regional Emergency Management Controller

   (f)  State Emergency Management Controller

   (g)  Commissioner of Police, Tasmania Police

8

Australian Capital Territory

   (a)  Chief Police Officer

  (b)  Emergency Services Commissioner, ACT

9

Northern Territory

   (a)  Director of the Northern Territory Emergency Service

  (b)  Regional Controller

   (c)  Territory Controller

7  Specification of emergency law

                   For the definition of emergency law in subsection 275D(1) of the Act, each law mentioned in the following table, for a State or Territory mentioned in the table, is specified.

Item

State or Territory

Law

1

New South Wales

The definition of ‘emergency’ in section 4 of the State Emergency and Rescue Management Act 1989 (NSW)

2

Victoria

The definition of ‘emergency’ in section 3 of the Emergency Management Act 2013 (Vic)

3

Queensland

The definition of ‘disaster’ in section 13(1) of the Disaster Management Act 2003 (Qld); and the definition of 'emergency situation' in the Schedule to section 4 of the Public Safety Preservation Act 1986 (Qld)

4

Western Australia

The definition of ‘emergency’ in section 3 of the Emergency Management Act 2005 (WA)

5

South Australia

The definitions of ‘emergency’, ‘identified major incident’ and ‘major emergency’ in section 3 of the Emergency Management Act 2004 (SA)

6

Tasmania

The definition of ‘emergency’ in section 3 of the Emergency Management Act 2006 (Tas)

7

Australian Capital Territory

The definition of ‘emergency’ in the Dictionary of the Emergencies Act 2004 (ACT)

8

Northern Territory

The definitions of ‘disaster’ and ‘emergency’ in section 8 of the Emergency Management Act 2013 (NT)

Schedule 1—Repeals

Telecommunications (Data for emergency warning systems) Instrument 2016

1  The whole of the instrument

Repeal the instrument