Emergencies Regulation 2004

This regulation is the Emergencies Regulation 2004.

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)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this regulation.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Each of the following is a prescribed fire:

a fire lit, maintained or used at a factory if—

the fire is lit, maintained or used in a building or other structure; and

reasonable steps have been taken to prevent the escape from the building or structure of the fire or material from the fire;

a fire lit, maintained or used 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—

the emergency services commissioner has been given notice of the intention to light, maintain or use the fire; and

reasonable steps have been taken to prevent the escape from the place where the fire is lit, maintained or used of the fire or material from the fire;

a fire lit, maintained or used on any land for an electric or gas heating appliance to cook food or heat liquids if, while the appliance is in use—

the appliance is under the direct control of a responsible adult; and

an area around the appliance of at least 3m is cleared of flammable material; and

a fire-extinguisher or a continuous stream of water is available for use;

a fire lit, maintained or used to allow a hot-air balloon to become or stay airborne or to control the descent of the balloon if—

the balloon is under the direct control of a responsible person; and

an area of at least 3m around the balloon is cleared of flammable material before the fire is lit; and

a fire-extinguisher or a continuous stream of water is available for use.

In this section:

material, from a fire, includes sparks or incandescent material from the fire.

Each of the following is an exempt high risk activity:

a high risk activity at a factory if—

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

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

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—

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

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.

The owner of a steam engine commits an offence if the owner fails to install and maintain effective spark arrestors and sound ashpans to the engine.

Maximum penalty:

if the offence is committed in the bushfire season—20 penalty units; and

in any other case—10 penalty units.

A person in charge of a steam engine commits an offence if, before the person leaves the engine, the person does not extinguish any live coals that have dropped from the engine.

Maximum penalty:

if the offence is committed in the bushfire season—20 penalty units; and

in any other case—10 penalty units.

A person in charge of a steam engine commits an offence if the person does not take adequate steps to stop live coals dropping from the engine after the person leaves the engine.

Maximum penalty:

if the offence is committed in the bushfire season—20 penalty units; and

in any other case—10 penalty units.

This section does not apply if the steam engine is used only for display purposes that do not involve its operation.

An offence against this section is a strict liability offence.

In this section:

bushfire season—see the Act, section 119.

A person commits an offence if the person uses an internal‑combustion engine that is not fitted with an effective spark arrestor.

Maximum penalty:

if the offence is committed in the bushfire season—20 penalty units; and

in any other case—10 penalty units.

An offence against this section is a strict liability offence.

In this section:

bushfire season—see the Act, section 119.

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.

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.

The following classes of people are prescribed:

people holding 1 or more of the following cards given to them by the Commonwealth:

a health care card;

a pensioner concession card;

a pharmaceutical benefits concession card;

people who are service pensioners within the meaning of the Veterans’ Entitlements Act 1986 (Cwlth);

people living permanently outside the ACT.

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.