Telecommunications (Data for emergency warning systems) Instrument 20101
Telecommunications Act 1997
I, ROBERT McCLELLAND, Attorney-General, make this Instrument under subsections 275B (2) and 275D (2) of the Telecommunications Act 1997.
Dated 19 July 2010
ROBERT McCLELLAND
Attorney-General
1              Name of Instrument
                This Instrument is the Telecommunications (Data for emergency warning systems) Instrument 2010.
2              Commencement
                This Instrument commences on the day after it is registered.
3              Revocation
                The Telecommunications (Data for Emergency Warning Systems) Instrument 2009 is revoked.
4              Definitions
                In this Instrument:
Act means the Telecommunications Act 1997.
Chairperson, State Emergency Management Committee means the position of chairman mentioned in paragraph 13 (2) (a) of the Emergency Management Act 2005 (WA).
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 Police Officer means the position of Chief Police Officer for the ACT mentioned in arrangements under subsection 8 (1A) of the Australian Federal Police Act 1979.
Commissioner, NSW Fire Brigades means the position of Commissioner of NSW Fire Brigades mentioned in the definition of ‘Commissioner’ 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 means the position of Commissioner of Police mentioned in section 12 of the Police Act 1998 (SA).
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.
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).
Co-ordinator in Chief of Emergency Management means the position of Co-ordinator in Chief of Emergency Management mentioned in subsection 5 (1) of the Emergency Management Act 1986 (Vic).
Note   Subsection 5 (1) of the Emergency Management Act 1986 (Vic) provides that the Minister is the Co-ordinator in Chief of Emergency Management.
Deputy Assistant Director-General, Department of Community Safety means the position to which a person to be known by that title may be appointed under subsection 110 (1) of the Public Service Act 2008 (Qld).
Deputy Chairperson, State Emergency Management Committee means the position of deputy chairman mentioned in paragraph 13 (2) (b) of the Emergency Management Act 2005 (WA).
Deputy Commissioner of Police means the position of Deputy Commissioner of Police mentioned in subsection 14 (1) of the Police Act 1998 (SA).
Deputy Co-ordinator in Chief of Emergency Management means the position of Deputy Co-ordinator in Chief of Emergency Management mentioned in subsection 5 (2) of the Emergency Management Act 1986 (Vic).
Note   Subsection 5 (2) of the Emergency Management Act 1986 (Vic) provides that the Co-ordinator in Chief of Emergency Management must appoint a Deputy Co-ordinator in Chief of Emergency Management who must be the Chief Commissioner of Police.
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, Disaster Operations, Emergency Management Queensland means the position to which a person to be known by that title may be appointed under subsection 119 (1) of the Public Service Act 2008 (Qld).
Director-General, Department of Community Safety means the position to which a person to be known by that title may be appointed under section 92 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 Commonwealth Attorney-General’s Department.
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 of the Northern Territory Emergency Service means the position of Director of the Northern Territory Emergency Service mentioned in subsection 14 (1) of the Disasters Act (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 Services Commissioner, ACT means the position of ACT Emergency Services Commissioner mentioned in section 7 of the Emergencies Act 2004 (ACT).
Emergency Services Commissioner, Victoria means the position of Emergency Services Commissioner mentioned in section 21B of the Emergency Management Act 1986 (Vic).
Executive Officer of the State Disaster Management Group means the position of member of the State Disaster Management Group mentioned in paragraph 19 (1) (c) of the Disaster Management Act 2003 (Qld).
Executive Officer, State Emergency Management Committee means the position of executive officer of the SEMC mentioned in paragraph 13 (2) (c) of the Emergency Management Act 2005 (WA).
position includes office.
Regional Controller means a position of Regional Counter Disaster Controller mentioned in section 22 of the Disasters Act (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).
State Co-ordinator means the position of State Co-ordinator mentioned in section 14 of the Emergency Management Act 2004 (SA).
Note   Section 14 of the Emergency Management Act 2004 (SA) provides that the Commissioner of Police is appointed as the State Co-ordinator.
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).
Territory Controller means the position mentioned in the definition of ‘Territory Controller’ in section 4 of the Disasters Act (NT).
Note   The definition of ‘Territory Controller’ in section 4 of the Disasters Act (NT) provides that the Commissioner of Police (including a person acting as the Commissioner) is the Territory Controller.
5              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, for a jurisdiction mentioned in the 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, NSW Fire Brigades
   (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)  Co-ordinator in Chief of Emergency Management
   (b)  Deputy Co-ordinator in Chief of Emergency Management
   (c)  Emergency Services Commissioner, Victoria

4
Queensland
   (a)  Deputy Assistant Director-General, Department of Community Safety
   (b)  Director, Disaster Operations, Emergency Management Queensland
   (c)  Director-General, Department of Community Safety
   (d)  Executive Officer of the State Disaster Management Group

5
Western Australia
   (a)  Chairperson, State Emergency Management Committee
   (b)  Deputy Chairperson, State Emergency Management Committee
   (c)  Executive Officer, State Emergency Management Committee

6
South Australia
   (a)  Chief Officer of SACFS
   (b)  Chief Officer of SAMFS
   (c)  Chief Officer of SASES
   (d)  Commissioner of 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 the State Emergency Service
   (d)  Regional Emergency Management Controller
   (e)  State Emergency Management Controller

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

6              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 subsection 4 (1) of the Emergency Management Act 1986 (Vic)

3
Queensland
The definition of ‘disaster’ in Schedule 2 to the Disaster Management Act 2003 (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 4 of the Disasters Act (NT)

Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.