National Emergency Declaration Act 2020.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The object of this Act is to recognise and enhance the role of the Commonwealth in preparing for, responding to and recovering from emergencies that cause, or are likely to cause, nationally significant harm. This object is achieved by providing for the making of national emergency declarations, which will allow the Commonwealth to mobilise resources to prepare for, respond to, and recover from such emergencies. Nationally significant harm means harm that has a significant national impact because of its scale or consequences and is any of the following: harm to the life or health (including mental health) of an individual or group of individuals; harm to the life or health of animals or plants; damage to property, including infrastructure; harm to the environment; disruption to an essential service.
Part 2 provides that the Governor‑General may make a declaration, called a National Emergency Declaration, under certain circumstances, including if the Prime Minister is satisfied that an emergency (whether occurring in or outside Australia) is causing harm that is nationally significant in Australia or in an Australian offshore area. Australian offshore area means: (a) any waters on the landward side of the territorial sea of Australia that are not within the limits of a State; or (b) the territorial sea of Australia; or (c) the exclusive economic zone of Australia; or (d) the sea above the continental shelf of Australia; and includes the airspace over an area covered by paragraph (a), (b), (c) or (d).
Part 3 establishes that when a National Emergency Declaration is in force, a Minister may determine that certain administrative requirements are modified in specified ways. A national emergency declaration also has effect for the purposes of other Commonwealth laws (called national emergency laws). Such laws provide that, if a national emergency declaration is in force, certain powers can be exercised or functions can be performed. If those powers are exercised or functions are performed, the Minister responsible for administering the relevant national emergency law must prepare a report about that and give it to the Minister administering this Act for tabling in Parliament.
Part 2 provides that the Governor‑General may make a declaration, called a National Emergency Declaration, under certain circumstances, including if the Prime Minister is satisfied that an emergency (whether occurring in or outside Australia) is causing harm that is nationally significant in Australia or in an Australian offshore area. Australian offshore area means: (a) any waters on the landward side of the territorial sea of Australia that are not within the limits of a State; or (b) the territorial sea of Australia; or (c) the exclusive economic zone of Australia; or (d) the sea above the continental shelf of Australia; and includes the airspace over an area covered by paragraph (a), (b), (c) or (d).
Part 3 establishes that when a National Emergency Declaration is in force, a Minister may determine that certain administrative requirements are modified in specified ways. A national emergency declaration also has effect for the purposes of other Commonwealth laws (called national emergency laws). Such laws provide that, if a national emergency declaration is in force, certain powers can be exercised or functions can be performed. If those powers are exercised or functions are performed, the Minister responsible for administering the relevant national emergency law must prepare a report about that and give it to the Minister administering this Act for tabling in Parliament.
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Long title of text
An Act to provide for the declaration of national emergencies, and for related purposes.
Notes
Including amendments up to Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022.
Repealed
No
Source language
English
Legislation Amendment
No