EMERGENCIES AMENDMENT ACT 2016 (NO. 33 OF 2016)

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EMERGENCIES AMENDMENT ACT 2016 (NO. 33 OF 2016) - SCHEDULE 1

Schedule 1 Consequential amendments

(see s 3)

Part 1.1 Building (General) Regulation 2008

[1.1] Section 7 (1), example 3

omit

fire and rescue

substitute

the fire and rescue service

[1.2] Section 35 (b)

omit

the chief officer (fire and rescue) or chief officer (rural fire service)

substitute

the emergency services commissioner

[1.3] Schedule 2, part 2.2, items 6 and 7

substitute

6

use of alternative building solution for a provision of the building code that deals with fire protection

emergency services commissioner

7

erection of building, or new part of building, if building, or new part—
(a) is not a class 1, class 10a or class 10b building; and

(b) has floor area larger than 500m ²

emergency services commissioner

[1.4] Dictionary, note 2

insert

• emergency services commissioner

Part 1.2 Civil Law (Wrongs) Regulation 2003

[1.5] Section 4 (3) (d)

omit

fire and rescue

substitute

fire and rescue service

[1.6] Dictionary, note 2

omit

• fire and rescue

substitute

• fire and rescue service

Part 1.3 Crimes Act 1900

[1.7] Section 396 (2), definition of member of the emergency services , paragraph (b)

substitute

(b) the fire and rescue service; or

[1.8] Dictionary, note 2

omit

• fire and rescue

substitute

• fire and rescue service

Part 1.4 Dangerous Substances Act 2004

[1.9] Section 85, definition of authorised person , paragraph (d)

substitute

(d) a member of the ambulance service, the fire and rescue service, the rural fire service or the SES.

[1.10] Dictionary, note 2

omit

• fire and rescue

substitute

• fire and rescue service

Part 1.5 Dangerous Substances (Explosives) Regulation 2004

[1.11] Dictionary, note 2

omit

• chief officer (fire and rescue)

substitute

• chief officer (fire and rescue service)

[1.12] Dictionary, note 2

omit

• fire and rescue

substitute

• fire and rescue service

[1.13] Dictionary, definition of firefighter , paragraphs (a) and (b)

substitute

(a) the chief officer (fire and rescue service); or

(b) any other member of the fire and rescue service; or

[1.14] Further amendments, mentions of (fire and rescue)

omit

(fire and rescue)

substitute

(fire and rescue service)

• section 22

• section 24 (1) (a)

• section 60

• section 134

• section 317 (2), definition of police and fire authorities , paragraph (b)

Part 1.6 Dangerous Substances (General) Regulation 2004

[1.15] Section 244 (1) (d)

substitute

(d) fire hydrants and fire hose coupling points at the premises that may be used by the fire and rescue service or the rural fire service are suitable for use by the fire and rescue service or the rural fire service.

[1.16] Dictionary, note 2

omit

• fire and rescue

substitute

• fire and rescue service

Part 1.7 Electricity Safety Act 1971

[1.17] Section 35 (3), definition of authorised person , paragraph (d)

omit

fire and rescue

substitute

the fire and rescue service

Part 1.8 Emergencies Regulation 2004

[1.18] New section 2

insert

2 Dictionary

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation.

Note 2 A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act

, s 155 and s 156 (1)).

[1.19] Section 5 (2), definition of factory

omit

[1.20] New section 5A

insert

5A Exempt high risk activity—Act, s 116A (3) (c)

Each of the following is an exempt high risk activity:

(a) a high risk activity at a factory if—

(i) the activity is undertaken in a building or other structure; and

(ii) reasonable steps have been taken to prevent the escape of fire or material that is likely to generate fire from the building or structure;

(b) a high risk activity undertaken under the authority of any entity in relation to the repair or maintenance of services or equipment essential for continuing or restoring transport or communication, or a supply of heat, light, power, water or sewerage, if—

(i) the emergency services commissioner has been given notice of the intention to undertake the activity; and

(ii) reasonable steps have been taken to prevent the escape of fire or material that is likely to generate fire from the place where the activity is undertaken.

[1.21] Section 8

substitute

8 Attendance by fire and rescue service members at public events

(1) This section applies to public entertainment or a public meeting if the chief officer (fire and rescue service) considers that because of the nature of the entertainment or meeting, or the decorations, appliances or lighting used at the entertainment or meeting, the attendance of the fire and rescue service is needed.

(2) The chief officer (fire and rescue service) may direct 1 or more members of the fire and rescue service to attend all or part of the entertainment or meeting.

Note A fee may be determined under the Act

, s 201 for the attendance.

[1.22] New dictionary

insert

Dictionary

(see s 2)

Note 1 The Legislation Act

contains definitions and other provisions relevant to this regulation.

Note 2 For example, the Legislation Act

, dict, pt 1, defines the following terms:

• adult

• offence

• penalty unit (see s 133).

Note 3 Terms used in this regulation have the same meaning that they have in the Emergencies Act 2004

(see Legislation Act

, s 148). For example, the following terms are defined in the Emergencies Act 2004

, dictionary:

• bushfire season

• chief officer (fire and rescue service).

"factory" means a building or other place where goods are manufactured or repaired in the course of carrying on a trade or business.

Part 1.9 Environment Protection Act 1997

[1.23] Section 6

substitute

6 Application of Act to Emergencies Act 2004

(1) This Act does not apply to the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004

for the purpose of—

(a) protecting life or property; or

(b) controlling, extinguishing or preventing the spread of a fire.

(2) In this section:

"relevant person "means—

(a) a member of the ambulance service; or

(b) a member of the fire and rescue service; or

(d) a member of the SES; or

(e) any other person under the control of—

(i) the chief officer (ambulance service); or

(ii) the chief officer (fire and rescue service); or

(iii) the chief officer (rural fire service); or

(iv) the chief officer (SES); or

(f) a police officer.

Part 1.10 Environment Protection Regulation 2005

[1.24] Schedule 1, table 1.2, item 3, column 3

omit

(fire and rescue)

substitute

(fire and rescue service)

[1.25] Schedule 1, table 1.2, item 7

substitute

7

display, ceremony, celebration or similar activity

the display, ceremony, celebration or activity—

(a) is authorised by the emergency services commissioner; and

(b) is conducted in accordance with an approval; and

(c) is either—

(i) held on unleased land; or

(ii) held with the consent of the lessee on leased land that is not residential land

Note Approval is defined in the dictionary.

[1.26] Dictionary, note 2

omit

• chief officer (fire and rescue)

substitute

• chief officer (fire and rescue service)

[1.27] Dictionary, note 2

insert

• emergency services commissioner

Part 1.11 Heritage Act 2004

[1.28] Section 7

substitute

7 Application of Act to Emergencies Act 2004

(1) This Act does not apply to the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004

for the purpose of—

(a) protecting life or property; or

(b) controlling, extinguishing or preventing the spread of a fire.

(2) In this section:

"relevant person "means—

(a) a member of the ambulance service; or

(b) a member of the fire and rescue service; or

(d) a member of the SES; or

(e) any other person under the control of—

(i) the chief officer (ambulance service); or

(ii) the chief officer (fire and rescue service); or

(iii) the chief officer (rural fire service); or

(iv) the chief officer (SES); or

(f) a police officer.

Part 1.12 Legislation Act 2001

[1.29] Dictionary, part 1, definition of chief officer (fire and rescue)

omit

[1.30] Dictionary, part 1, new definition of chief officer (fire and rescue service)

substitute

"chief officer (fire and rescue service) "means the chief officer (fire and rescue service) under the Emergencies Act 2004

[1.31] Dictionary, part 1, definition of emergency service

substitute

"emergency service "means the ambulance service, the fire and rescue service, the rural fire service or the SES.

[1.32] Dictionary, part 1, definition of fire and rescue

omit

[1.33] Dictionary, part 1, new definition of fire and rescue service

substitute

"fire and rescue service "means the ACT Fire and Rescue Service established under the Emergencies Act 2004

Part 1.13 Liquor Act 2010

[1.34] Sections 85 to 87

omit

(fire and rescue)

substitute

(fire and rescue service)

[1.35] Dictionary, note 2

omit

• chief officer (fire and rescue)

substitute

• chief officer (fire and rescue service)

Part 1.14 Liquor Regulation 2010

[1.36] Schedule 1, section 1.16 (3) (c)

substitute

Part 1.15 Nature Conservation Act 2014

[1.37] Section 7 (2), definition of relevant person , paragraph (b)

substitute

(b) a member of the fire and rescue service; or

[1.38] Section 7 (2), definition of relevant person , paragraph (e) (ii)

substitute

(ii) the chief officer (fire and rescue service); or

Part 1.16 Rail Safety National Law (ACT) Act 2014

[1.39] Section 9 , definition of emergency service , note

omit

fire and rescue

substitute

the fire and rescue service

Part 1.17 Road Transport (Safety and Traffic Management) Regulation 2000

[1.40] Section 33 , definition of emergency worke r, paragraph (b)

omit

fire and rescue,

substitute

the fire and rescue service,

[1.41] Dictionary, note 2

omit

• fire and rescue

substitute

• fire and rescue service

Part 1.18 Road Transport (Vehicle Registration) Regulation 2000

[1.42] Section 17 (1) (c) (ii)

omit

fire and rescue,

substitute

the fire and rescue service,

[1.43] Dictionary, note 2

omit

• fire and rescue

substitute

• fire and rescue service

Part 1.19 Security Industry Regulation 2003

[1.44] Section 6 (1) (d)

substitute

(d) the chief officer (fire and rescue service) and any other member of the fire and rescue service;

[1.45] Dictionary, note 2

omit

• chief officer (fire and rescue)

substitute

• chief officer (fire and rescue service)

Part 1.20 Taxation Administration Regulation 2004

[1.46] Section 4

omit

chief officer (fire and rescue)

substitute

chief officer (fire and rescue service)

Part 1.21 Territory Records Regulation 2009

[1.47] Schedule 1, item 2, column 2

substitute

ACT Fire and Rescue Service

[1.48] Dictionary, definition of ACT Fire and Rescue

omit

[1.49] Dictionary, new definition of ACT Fire and Rescue Service

insert

"ACT Fire and Rescue Service" means the ACT Fire and Rescue Service established under the Emergencies Act 2004

, section 43.

Part 1.22 Tree Protection Act 2005

[1.50] Section 19 (1) (f)

substitute

(f) anything done in the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004

for the purpose of—

(i) protecting life or property; or

(ii) controlling, extinguishing or preventing the spread of a fire.

[1.51] Section 19 (2), definition of relevant person

substitute

"relevant person "means—

(a) a member of the ambulance service; or

(b) a member of the fire and rescue service; or

(d) a member of the SES; or

(e) any other person under the control of—

(i) the chief officer (ambulance service); or

(ii) the chief officer (fire and rescue service); or

(iii) the chief officer (rural fire service); or

(iv) the chief officer (SES); or

(f) a police officer.

[1.52] Dictionary, note 2

omit

• chief officer (fire and rescue)

substitute

• chief officer (fire and rescue service)

Part 1.23 Water Resources Act 2007

[1.53] Section 28 (2) (d)

substitute

(d) the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004

for the purpose of—

(i) protecting life or property; or

(ii) controlling, extinguishing or preventing the spread of a fire; or

[1.54] Section 28 (3), definition of relevant person

substitute

"relevant person "means—

(a) a member of the ambulance service; or

(b) a member of the fire and rescue service; or

(d) a member of the SES; or

(e) any other person under the control of—

(i) the chief officer (ambulance service); or

(ii) the chief officer (fire and rescue service); or

(iii) the chief officer (rural fire service); or

(iv) the chief officer (SES); or

(f) a police officer.

Part 1.24 Work Health and Safety Act 2011

[1.55] Section 108 (4), definition of emergency services worker , note

substitute

Note An emergency service means the ambulance service, the fire and rescue service, the rural fire service or the SES (see Legislation Act

, dict, pt 1).

Part 1.25 Work Health and Safety Regulation 2011

[1.56] Dictionary, definition of emergency service organisation , note

substitute

Note An emergency service means the ambulance service, the fire and rescue service, the rural fire service or the SES (see Legislation Act

, dict, pt 1).

[1.57] Dictionary, definition of emergency service worker , note

substitute

Note An emergency service means the ambulance service, the fire and rescue service, the rural fire service or the SES (see Legislation Act

, dict, pt 1).

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