2007

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR POLICE, FIRE AND EMERGENCY SERVICES

DISASTERS AMENDMENT BILL (2007) 
SERIAL NO.  115

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill will amend the Disasters Act to enable the Northern Territory Emergency Service and other authorised persons to enforce a clean-up of materials that may pose a hazard during a cyclone at the Cyclone Watch stage, as opposed to the current Cyclone Warning stage.

This amendment will extend the period of time that clean-up can be enforced from 24 hours to 48 hours before the effects of strong winds are felt in an area.

NOTES ON CLAUSES

Clause 1.	Short Title

This is a formal clause which provides for the citation of the Bill.  The Bill when passed may be cited as the Disasters Amendment Act 2007.

Clause 2.	Act amended

This is a formal clause, which provides that the Act will amend the Disasters Act.

Clause 3.	Amendment of section 40 (Duties upon declaration of state of emergency)

This clause amends section 40 of the Act.

Subclauses 3(1), 3(2) and 3(3) corrects and simplifies the wording of the current sections 40(1) and 40(2).  The reference in the current subsection 40(2) to “the special powers and obligations, and the liabilities” is misleading, as there are no obligations in sections 37 or 38.  

Subclause 3(4) omits the current subsections 40(2) and 40(3) and substitutes them with new subsections.  

The new section 40(2) allows the Territory Controller, the Director of the NT Emergency Service, a Regional Controller, a Local Controller, a member of the Police Force and any other authorised person to exercise the powers set out in sections 37(1)(e)(iii) and 38 of the Act during a Cyclone Watch as well as a Cyclone Warning.  

Sections 37(1)(e)(iii) and 38 allow the above persons to enforce the removal or securing of things that may pose a danger during or after a cyclone, such as debris and hazardous materials.

Currently, those powers can only be exercised during a Cyclone Warning, which is the period commencing 24 hours before damaging winds are expected in the area. 

The amended subsection 40(2) will extend the period during which the powers can be exercised to the Cyclone Watch stage, which is the period 48 hours before damaging winds are expected.  This will allow a greater time for clean-ups to occur.  

The new section 40(3) moves the definition of “Bureau of Meteorology” from the current subsection 40(3) into its own subsection, making subsection 40(3) easier to read.

Clause 4.	Amendment of section 44 (Person exercising power, &c., not to be obstructed)

This clause inserts a separate penalty for an offence against this section (assaulting, obstructing etc a person exercising powers under this Act).

Clause 5.	Amendment of section 45 (Offence and Penalty)

This clause omits the current penalty for an offence under the Act ($5,000) and substitutes it.  The current offence is in dollar figures and penalties are now generally expressed in penalty units rather than dollars.  The current penalty of $5,000 was set when the Act was first introduced in 1982 and is inadequate.  The amended penalties are considered more appropriate.