Document ID: chunk:federal_register_of_legislation:F2021C00108:reg:17
Version: federal_register_of_legislation:F2021C00108
Segment Type: reg
Provision Reference: reg 17
Character Range: 20737–22383

17  Administrator may make state of emergency declaration
 (1) The Administrator may declare that a state of emergency exists in the Territory or part of the Territory if he or she is satisfied that:
 (a) an emergency has occurred, is occurring or is imminent; and
 (b) extraordinary measures are required to prevent or minimise any of the following:
 (i) loss of life of humans or animals;
 (ii) illness of, or injury to, humans or animals;
 (iii) property loss or damage;
 (iv) damage to the environment.
 (1A) The Administrator may declare that a state of emergency exists in the Territory or part of the Territory if:
 (a) a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force; and
 (b) the Administrator is satisfied that:
 (i) the emergency to which the national emergency declaration relates is affecting, or is likely to affect, the Territory; and
 (ii) extraordinary measures are required to prevent or minimise the effect, or likely effect, of that emergency on the Territory.
 (2) Before making a declaration, the Administrator must take reasonable steps to consult the Committee.
 (3) However, a failure to consult the Committee does not affect the validity of a declaration.
 (4) A declaration may be given orally or in writing, and must state:
 (a) the time and date the declaration commences; and
 (b) the period for which the declaration has effect, being a period of not more than 3 days, commencing on the date the declaration commences.
 (5) An oral declaration must be recorded in writing, and signed by the Administrator, as soon as practicable after it commences.