Commonwealth Consolidated Acts

NATIONAL EMERGENCY DECLARATION ACT 2020 - SECT 11

Conditions for making a national emergency declaration

  (1)   The Governor - General may make a declaration (a national emergency declaration ) if the Prime Minister is satisfied that:

  (a)   an emergency has recently occurred, is occurring or is likely to occur (whether in or outside Australia); and

  (b)   the emergency has caused, is causing or is likely to cause nationally significant harm in Australia or in an Australian offshore area; and

  (c)   any of the following subparagraphs apply:

  (i)   the governments of each State and Territory in which the emergency has caused, is causing or is likely to cause nationally significant harm have requested, in writing, the making of the declaration;

  (ii)   because of the emergency, it is not practicable for a request to be made under subparagraph   (i);

  (iii)   the emergency has affected, is affecting or is likely to affect Commonwealth interests;

  (iv)   the making of the declaration is appropriate, having regard to the nature of the emergency and the nature and severity of the nationally significant harm; and

  (d)   for reasons relating to emergency management, it is desirable for the declaration to be made for the purposes of one or more national emergency laws.

  (2)   Before the Governor - General makes a national emergency declaration in relation to an emergency, the Prime Minister must consult with the government of each State or Territory (if any) in which the Prime Minister is satisfied the emergency has caused, is causing or is likely to cause nationally significant harm.

  (3)   Subsection   (2) does not require the Prime Minister to consult with the government of a State or Territory if:

  (a)   the government of the State or Territory requested the making of the national emergency declaration under subparagraph   (1)(c)(i); or

  (b)   the Prime Minister is satisfied that it is not practicable to do so.

Requirements for a national emergency declaration

  (4)   A national emergency declaration must:

  (a)   be in writing; and

  (b)   specify:

  (i)   the emergency to which the declaration relates; and

  (ii)   the nature of the emergency and the circumstances that gave rise to it; and

  (iii)   the period for which the declaration is in force.

Note:   The declaration may be varied under sections   12 and 13.

Period for which a national emergency declaration is in force

  (5)   The period specified for the purposes of subparagraph   (4)(b)(iii):

  (a)   must not be longer than the period that the Prime Minister considers necessary for the purposes of emergency management; and

  (b)   in any case, must not be longer than 3 months.

Note:   The period may be extended under section   12 and the declaration may be revoked under section   14.

National emergency declaration is not subject to disallowance

  (6)   A national emergency declaration is a legislative instrument, but section   42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.