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DISASTER MANAGEMENT ACT 2003
- As at 1 February 2024
- Act 91 of 2003
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
Division 1 - Introduction
1. Short title
2. Commencement
Division 2 - Objects
3. Main objects of Act
4. How the objects are to be primarily achieved
4A. Guiding principles
Division 3 - Application
5. Act binds all persons
6. Relationship to other Acts about particular declarations
7. Public Safety Preservation Act 1986, pt 3, not affected
8. Powers under this Act and other Acts
9. Directions about powers under other Acts during disaster situation
10. Limit on application of Act in particular circumstances
Division 4 - Interpretation
11. Definitions
12. (Repealed)
13. Meaning of disaster
14. Meaning of disaster management
15. Meaning of disaster operations
16. Meaning of event
Division 4A - Functions of chief executive
16A. Functions of chief executive
PART 1A - OFFICE OF THE INSPECTOR-GENERAL OF EMERGENCY MANAGEMENT
Division 1 - Establishment
16B. Establishment
Division 2 - Functions
16C. Office’s functions
Division 3 - Membership of the office
16D. Membership of office
Division 4 - Staff of the office
Subdivision 1 - Inspector-General of Emergency Management
16E. Inspector-General of Emergency Management
16F. Inspector-general employed under this Act
16G. Term of office
16H. Functions of inspector-general
16I. Conditions of appointment
16J. Vacancy in office of inspector-general
16K. Preservation of rights of inspector-general
16L. Acting inspector-general
Subdivision 2 - Staff
16M. Office staff
Division 5 - Disaster management standards
16N. Making standards
16O. Access to standards
Division 6 - Miscellaneous
16P. Provision of information
16Q. Delegations
PART 2 - DISASTER MANAGEMENT GROUPS AND COMMITTEES
Division 1 - Queensland Disaster Management Committee
Subdivision 1 - Establishment and functions
17. Establishment
18. Functions
Subdivision 2 - Membership
19. Membership
19A. Persons who are to assist or carry out other activities relating to the State group
20. Chairperson and deputy chairperson
20A. Functions of chairperson of State group
20B. Chairperson may give notice about deemed approvals under Planning Act
21. Commissioner of police service to appoint executive officer of the State group
21A. Executive officer to provide support
21B. State disaster coordinator
21C. Functions of State disaster coordinator
21D. State recovery coordinator
21E. Functions of State recovery coordinator
Division 2 - District disaster management groups
Subdivision 1 - Establishment and functions
22. Establishment
23. Functions
Subdivision 2 - Membership
24. Membership
25. Chairperson and deputy chairperson
25A. District disaster coordinator
26. Functions of chairperson of district group
26A. Function of district disaster coordinator
27. Executive officer of district group
28. Functions of executive officer of district group
Subdivision 3 - Temporary district groups
28A. Temporary disaster district groups
28B. Membership
28C. Chairperson and deputy chairperson
28D. Functions of chairperson of temporary district group
28E. Temporary district disaster coordinator
28F. Function of temporary district disaster coordinator
Division 3 - Local government disaster management groups
Subdivision 1 - Establishment and functions
29. Establishment
30. Functions
Subdivision 2 - Application of sections 29 and 30 in particular circumstances
31. Local governments may combine
32. Application of ss 29 and 30
Subdivision 3 - Membership
33. Membership
34. Chairperson and deputy chairperson
34A. Functions of chairperson of local group
35. Local disaster coordinator
36. Functions of local disaster coordinator
37. Notice about membership of local group
Division 4 - Business and meetings for disaster management groups
38. Conduct of business and meetings
39. (Repealed)
40. (Repealed)
40A. (Repealed)
41. (Repealed)
42. (Repealed)
43. (Repealed)
Division 5 - Annual report, and directions about functions
Subdivision 1 - Annual report
44. Annual report
45. (Repealed)
Subdivision 2 - Directions about functions
46. Chairperson of State group may give directions
47. District disaster coordinator may give directions
Division 6 - Committees for disaster management groups
48. Committees
Division 7 - Requirement for disaster management groups to consult
48A. Essential services providers
PART 3 - DISASTER MANAGEMENT PLANS AND GUIDELINES
Division 1 - State disaster management plan
49. State plan for disaster management
50. Requirements of plan
51. Reviewing and renewing plan
52. Plan to be available for inspection etc.
Division 2 - Disaster management plans for disaster districts
53. Plan for disaster management in disaster district
54. Requirements of plan
55. Reviewing and renewing plan
56. Plan to be available for inspection etc.
Division 3 - Disaster management plans for local governments
Subdivision 1 - Disaster management plans
57. Plan for disaster management in local government area
58. Requirements of plan
59. Reviewing and renewing plan
60. Plan to be available for inspection etc.
Subdivision 2 - Application of subdivision 1 in particular circumstances
61. Local governments may combine
62. Application of sdiv 1
Division 4 - Guidelines
63. Guidelines about disaster management plans
PART 4 - PROVISIONS FOR DECLARATIONS OF DISASTER SITUATION
Division 1 - Declarations
Subdivision 1 - Declaration of disaster situation by district disaster coordinator
64. Declaration
65. Form and notice of declaration
66. Duration
67. Extending disaster situation
67A. Declaration extending disaster situation
68. Ending disaster situation
Subdivision 2 - Declaration of disaster situation by Minister and Premier
69. Declaration
70. Form and notice of declaration
71. Duration
72. Extending disaster situation
72A. Declaration extending disaster situation
73. Ending disaster situation
Division 2 - Authorising persons, and powers, for disaster situations
Subdivision 1 - Preliminary
74. Application of div 2
Subdivision 2 - Authorising persons to exercise declared disaster powers
75. Authorisation for disaster situation
Subdivision 3 - Powers of district disaster coordinators and declared disaster officers
76. General provision about powers
77. General powers
78. Power to give direction about property
79. Requirements for direction about property
PART 5 - FUNCTIONS OF LOCAL GOVERNMENTS
80. Functions of local government
PART 6 - (Repealed)
Division 1 - (Repealed)
81. (Repealed)
82. (Repealed)
Division 2 - (Repealed)
83. (Repealed)
Division 3 - (Repealed)
84. (Repealed)
84A. (Repealed)
85. (Repealed)
86. (Repealed)
86A. (Repealed)
86B. (Repealed)
Division 4 - (Repealed)
87. (Repealed)
88. (Repealed)
Division 5 - (Repealed)
88A. (Repealed)
PART 7 - (Repealed)
PART 8 - (Repealed)
PART 9 - AUTHORISING PERSONS TO EXERCISE RESCUE POWERS IN PARTICULAR CIRCUMSTANCES
Division 1 - Authorising persons to exercise rescue powers
110. Authorising persons to exercise rescue powers
Division 2 - Powers of persons authorised under division 1
111. Power to enter places
112. General powers
PART 10 - OFFENCE PROVISIONS
Division 1 - Preliminary
113. Definition for pt 10
Division 2 - Offences
114. Impersonation of authorised person
115. Obstruction of authorised person
116. Failure to comply with direction
117. Failure to help particular persons
118. (Repealed)
PART 11 - PROVISIONS ABOUT COMPENSATION AND POLICIES OF INSURANCE
Division 1 - Compensation
Subdivision 1 - Preliminary
119. Entitlement to compensation
120. When compensation is not payable
Subdivision 2 - Application and decision about compensation
121. Applying for compensation
122. Lapsing of application
123. Deciding application
124. Notice about decision
Subdivision 3 - Review of decision
125. Review of a decision to pay compensation
126. (Repealed)
127. (Repealed)
128. (Repealed)
129. (Repealed)
Division 2 - Policies of insurance
130. Extension of policy of insurance
PART 12 - LEGAL PROCEEDINGS
Division 1 - Evidence
131. Application of div 1
132. Appointments and authority
133. Signatures
134. Other evidentiary aids
Division 2 - Offence proceedings
135. Summary proceedings for offence
136. Statement of complainant’s knowledge
PART 12A - (Expired)
PART 13 - MISCELLANEOUS
139. Confidentiality
140. (Repealed)
141. (Repealed)
142. Chief executive to insure particular persons
143. Delegations
144. Protection from liability
145. Appointments
146. Arrangements for identification
147. Approval of forms
148. Regulation-making power
PART 14 - REPEAL AND TRANSITIONAL PROVISIONS
Division 1 - Repeal
149. Repeal of State Counter-Disaster Organisation Act 1975
Division 2 - Transitional provisions for Act No. 91 of 2003
Subdivision 1 - Preliminary
150. Definitions for div 2
Subdivision 2 - Transitional references
151. References to repealed Act
152. References to former SES
Subdivision 3 - Other transitional provisions
153. Members of central control group
154. Chairperson of central control group
155. Executive officer of central control group
156. Members of former SES
157. Authorised officers under the repealed Act
158. Former disaster districts
159. Disaster district coordinators
160. Other members of former control groups
161. Particular local governments under the repealed Act
162. Provision about declaration under the repealed Act
163. Compensation for exercise of powers under the repealed Act
164. Application for compensation under the repealed Act
165. Local controllers under the repealed Act
Subdivision 4 - (Repealed)
Division 3 - Other transitional provisions
Subdivision 1 - Transitional provisions for Disaster Management and Other Legislation Amendment Act 2010
166. Definitions for sdiv 1
167. Continuance of particular member of State group
168. Deputy chairperson of State group
169. Executive officer of State group
170. District disaster coordinator and chairperson of district group
171. Deputy chairperson of district group
172. Executive officer of district group
173. SES units
Subdivision 2 - Transitional provisions for Disaster Management and Another Act Amendment Act 2014
174. Definitions for sdiv 2
175. Dissolution of former State group
176. References to former State group
177. Continuation of State disaster management plan
178. Continuation of State disaster coordinator and State recovery coordinator
179. Continuation of membership of continuing groups
180. Continuation of chairpersons and deputy chairpersons of continuing groups
Subdivision 3 - Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016
181. Notices about deemed approvals for existing development applications
Subdivision 4 - Transitional provision for Police Service Administration and Other Legislation Amendment Act 2023
182. Notice about deemed approval provision given before commencement
SCHEDULE - Dictionary
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