Civil Defence Emergency Management Amendment Act 2016 Amendment Act 2016

1: Title
This Act is the Civil Defence Emergency Management Amendment Act 2016 Amendment Act 2016.
2: Commencement
This Act comes into force on the day and at the time that it receives the Royal assent. This Act received the Royal assent at 9.59 pm on Tuesday 29 November 2016.
3: Principal Act
This Act amends the Civil Defence Emergency Management Amendment Act 2016 principal Act 2016-11-29 Civil Defence Emergency Management Amendment Act 2016
4: Section 2 replaced (Commencement)
Replace section 2
2: Commencement
1: Section 19(2) and (5) come into force on 1 June 2018.
2: The rest of this Act comes into force on the day and at the time that the Civil Defence Emergency Management Amendment Act 2016 Amendment Act 2016 receives the Royal assent.
5: Section 4 amended (Interpretation)
In section 4(5) owner
6: Section 25 amended (Section 83 replaced (Restriction on disclosure of information))
In section 25 60 or 76 60, 76, 91(2), or 94N(2)
7: New sections 26A and 26B inserted
After section 26
26A: Section 91 amended (Power to give directions)
In section 91, insert as subsections (2) to (8):
2: While a state of emergency is in force, a Controller or a constable, or any person acting under the authority of a Controller or constable, may direct—
a: the owner of a structure (or the owner’s agent) to obtain an assessment of the effect of the emergency (and any related subsequent events) on the structure:
b: the owners of structures of a particular type (or the owners’ agents) to obtain assessments of the effect of the emergency (and any related subsequent events) on the structures of that type that they own.
3: A person may not give a direction under subsection (2)
4: A direction given under subsection (2)
a: state the purpose of the assessment and specify the assessment that is required; and
b: specify a reasonable time within which the assessment must be concluded; and
c: require the owner (or the owner’s agent) to give a copy of the assessment to the person who gave the direction.
5: An owner (or owner’s agent) who is given a direction under subsection (2)
a: obtain the assessment, which must be conducted in accordance with the direction and at the owner’s expense; and
b: give a copy of the assessment to the person who gave the direction.
6: The owner (or the owner’s agent) may appeal to the District Court on the grounds that the direction is unreasonable.
7: Section 77(2) and (3) applies in relation to an appeal under subsection (6)
8: Any relief that may be granted under subsection (6)
26B: New section 91A inserted (Notice requirements)
After section 91, insert:
91A: Notice requirements
1: A person who gives a direction under section 91(2)﻿(a) or (b)
a: must use reasonable endeavours, in accordance with section 114, to notify—
i: each owner (or each owner’s agent) and each occupier of the structure of the direction; and
ii: each owner (or each owner’s agent) and each occupier of any adjacent structure or adjoining land of the direction; and
b: must attach a copy of the notice to a prominent place on, or adjacent to, the structure.
2: A person who gives a direction under section 91(2)﻿(b)
3: A notice given under this section must—
a: state the reasons for giving the direction; and
b: describe the matter to which the direction applies; and
c: state when the assessments are to be carried out; and
d: state where any further information may be viewed; and
e: be published in the Gazette
8: Section 27 amended (New Parts 5A and 5B inserted)
1: In section 27
2: A Recovery Manager or a constable may direct—
a: the owner of a structure (or the owner’s agent) to obtain an assessment of the effect of the emergency (and any related subsequent events) on the structure:
b: the owners of structures of a particular type (or the owners’ agents) to obtain assessments of the effect of the emergency (and any related subsequent events) on the structures of that type that they own.
3: A person may not give a direction under subsection (2)
4: A direction given under subsection (2)
a: state the purpose of the assessment and specify the assessment that is required; and
b: specify a reasonable time within which the assessment must be concluded; and
c: require the owner (or the owner’s agent) to give a copy of the assessment to the person who gave the direction.
5: An owner (or owner’s agent) who is given a direction under subsection (2)
a: obtain the assessment, which must be conducted in accordance with the direction and at the owner’s expense; and
b: give a copy of the assessment to the person who gave the direction.
6: The owner (or the owner’s agent) may appeal to the District Court on the grounds that the direction is unreasonable.
7: Section 77(2) and (3) applies in relation to an appeal under subsection (6)
8: Any relief that may be granted under subsection (6)
2: In section 27
94NA: Notice requirements
1: A person who gives a direction under section 94N(2)﻿(a) or (b)
a: must use reasonable endeavours, in accordance with section 114, to notify—
i: each owner (or each owner’s agent) and each occupier of the structure of the direction; and
ii: each owner (or each owner’s agent) and each occupier of any adjacent structure or adjoining land of the direction; and
b: must attach a copy of the notice to a prominent place on, or adjacent to, the structure.
2: A person giving a direction under section 94N(2)﻿(b)
3: A notice given under this section must—
a: state the reasons for giving the direction; and
b: describe the matter to which the direction applies; and
c: state when the assessments are to be carried out; and
d: state where any further information may be viewed; and
e: be published in the Gazette
9: Section 28 amended (Section 96 amended (Withholding information or giving false or misleading information))
Replace section 28(1)
1: In section 96(1), replace 76 76, 91, 94I(1), or 94N
10: Section 33 replaced (Section 102 amended (Failure to comply with direction))
Replace section 33
33: Section 102 amended (Failure to comply with direction)
In section 102, replace 91(a) 91 or 94N
11: Schedule 1 amended
1: In Schedule 1
1: Provisions relating to this Act as enacted
2: In Schedule 1
4: Appointment of persons to give notice of local transition period
1: Despite section 25(1)﻿(b) (as inserted by section 13 of the Civil Defence Emergency Management Amendment Act 2016), a Civil Defence Emergency Management Group may (but is not required to) appoint a person to give notice of a local transition period for its area during the period—
a: beginning with the date on which this clause commences; and
b: ending with the close of 31 May 2017.
2: During the period specified in subclause (1)
5: Appointment of Group Recovery Managers
1: Despite section 29(1) (as inserted by section 17 of the Civil Defence Emergency Management Amendment Act 2016), a Civil Defence Emergency Management Group may (but is not required to) appoint a Group Recovery Manager for its area during the period—
a: beginning with the date on which this clause commences; and
b: ending with the close of 31 May 2017.
2: During the period specified in subclause (1)
6: Form of certain notices
Despite sections 94E(5)﻿(c) and 94F(1)﻿(c) and (2)﻿(c) (as inserted by section 27 of the Civil Defence Emergency Management Amendment Act 2016), a notice referred to in either of those sections may be in a form that the person giving the notice considers appropriate if the notice is given during the period—
a: beginning with the date on which this clause commences; and
b: ending with the close of 31 May 2017.
7: Repeals
1: Clauses 4, 5, and 6 are repealed on 1 June 2017.
2: This clause is repealed on 2 June 2017.