Telecommunications (Data for Emergency Warning Systems) Instrument 20091
Telecommunications Act 1997
I, ROBERT McCLELLAND, Attorney-General, make this Instrument under subsections 275B (2) and 275D (2) of the Telecommunications Act 1997.
Dated 9 September 2009
ROBERT McCLELLAND
Attorney-General
1              Name of Instrument
                This Instrument is the Telecommunications (Data for Emergency Warning Systems) Instrument 2009.
2              Commencement
                This Instrument commences on the day after it is registered.
3              Definitions
                In this Instrument:
Act means the Telecommunications Act 1997.
Chairman, State Emergency Management Committee means the person appointed under paragraph 13 (2) (a) of the Emergency Management Act 2005 (WA).
Chief Officer of SACFS means the person appointed under subsection 60 (2) of the Fire and Emergency Services Act 2005 (SA).
Chief Officer of SAMFS means the person appointed under subsection 27 (2) of the Fire and Emergency Services Act 2005 (SA).
Chief Officer of SASES means the person appointed under subsection 109 (2) of the Fire and Emergency Services Act 2005 (SA).
Commissioner, NSW Fire Brigades has the same meaning as ‘Commissioner’ has in subsection 3 (1) of the Fire Brigades Act 1989 (NSW).
Commissioner, NSW Police Force means the person appointed as the Commissioner of Police under subsection 24 (1) of the Police Act 1990 (NSW).
Commissioner, NSW Rural Fire Service means the Commissioner of the NSW Rural Fire Service mentioned in subsection 10 (1) of the Rural Fires Act 1997 (NSW).
Commissioner of Police means the person appointed as the Commissioner of Police under section 12 of the Police Act 1998 (SA).
Commissioner of Police for the Australian Federal Police means the person appointed as the Commissioner of Police under subsection 17 (1) of the Australian Federal Police Act 1979.
Co-ordinator in Chief of Emergency Management has the meaning given by subsection 5 (1) of the Emergency Management Act 1986 (Vic).
Deputy Chairman, State Emergency Management Committee means the person appointed under paragraph 13 (2) (b) of the Emergency Management Act 2005 (WA).
Deputy Commissioner of Police means the person appointed as the Deputy Commissioner of Police under subsection 14 (1) of the Police Act 1988 (SA).
Deputy Co-ordinator in Chief of Emergency Management means the person appointed under 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 (the Minister) must appoint a Deputy Co-ordinator in Chief of Emergency Management who must be the Chief Commissioner of Police.
Deputy Executive Director, Emergency Management Queensland means the person known by that title appointed under subsection 110 (1) of the Public Service Act 2008 (Qld).
Director, Disaster Operations, Emergency Management Queensland means the person known by that title appointed under subsection 119 (1) of the Public Service Act 2008 (Qld).
Director-General, Department of Community Safety means the person known by that title appointed under section 92 of the Public Service Act 2008 (Qld).
Director-General, Emergency Management Australia means the head of Emergency Management Australia, part of the National Security and Criminal Justice Group of the Commonwealth Attorney-General’s Department.
Director-General, NSW Department of Health has the same meaning as ‘Director-General’ has in subsection 4 (1) of the Health Administration Act 1982 (NSW).
Director-General, State Emergency Service of New South Wales means the Director-General mentioned in subsection 9 (1) of the State Emergency Service Act 1989 (NSW).
Director of the Northern Territory Emergency Service means the person appointed under subsection 14 (1) of the Disasters Act (NT).
Emergency Services Commissioner means a person appointed under section 7 of the Emergencies Act 2004 (ACT).
Executive Officer of the State Disaster Management Group means the member of the State Disaster Management Group who is:
                (a)    mentioned in paragraph 19 (1) (c) of the Disaster Management Act 2003 (Qld); and
               (b)    appointed under subsection 19 (2) of that Act.
Executive Officer, State Emergency Management Committee means the person appointed under paragraph 13 (2) (c) of the Emergency Management Act 2005 (WA).
Regional Controller has the meaning given by section 4 of the Disasters Act (NT).
State Co-ordinator means the person appointed under 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 person mentioned in subsection 10 (1) of the Emergency Management Act 2006 (Tas).
State Emergency Operations Controller has the meaning given by subsection 3 (1) of the State Emergency and Rescue Management Act 1989 (NSW).
Territory Controller has the meaning given by section 4 of the Disasters Act (NT).
4              Specification of emergency management persons
                For the definition of emergency management person in subsection 275B (1) of the Act, each office or position mentioned in the following table, for a jurisdiction mentioned in the table, is specified.
Item
Jurisdiction
Office or 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)  Director-General, NSW Department of Health
   (e)  Director-General, State Emergency Service of New South Wales
   (f)  State Emergency Operations Controller

3
Victoria
   (a)  Co-ordinator in Chief of Emergency Management
   (b)  Deputy Co-ordinator in Chief of Emergency Management

4
Queensland
   (a)  Deputy Executive Director, Emergency Management Queensland
   (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)  Chairman, State Emergency Management Committee
   (b)  Deputy Chairman, 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
State Emergency Management Controller

8
Australian Capital Territory
   (a)  Commissioner of Police for the Australian Federal Police
   (b)  Emergency Services Commissioner

9
Northern Territory
   (a)  Director of the Northern Territory Emergency Service
   (b)  Regional Controller
   (c)  Territory Controller

5              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 subsection 4 (1) 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.