Emergency Management Act 2005

Emergency Management Amendment Regulations 2025

 

 

Emergency Management Amendment Regulations 2025

Contents

1.Citation1

2.Commencement1

3.Regulations amended1

4.Regulation 1A amended1

5.Regulation 14B inserted2

14B.Cybersecurity incidents2

6.Regulation 15 amended3

7.Regulation 23C inserted4

23C.Hazard management agency — Department of the Premier and Cabinet4

8.Regulation 23 amended4

 

Emergency Management Act 2005

Emergency Management Amendment Regulations 2025

Made by the Governor in Executive Council.

1.Citation

These regulations are the Emergency Management Amendment Regulations 2025.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

(b)the rest of the regulations — on 1 March 2026.

3.Regulations amended

These regulations amend the Emergency Management Regulations 2006.

4.Regulation 1A amended

In regulation 1A insert in alphabetical order:

 

cybersecurity incident has the meaning given in regulation 14B(2);

electronic system has the meaning given in regulation 14B(1);

 

5.Regulation 14B inserted

After regulation 14A insert:

 

14B.Cybersecurity incidents

(1)In this regulation —

electronic system —

(a)means a system that generates, collects, shares, sends, receives, stores, carries, processes, connects, uses or acts on or in relation to electronic information; and

(b)includes the following —

(i)any network, service, program, code or similar thing that is used by, within or in relation to the system;

(ii)any device, technology or similar thing that is used by, within or in relation to the system;

(iii)any electronic information to which the system does anything referred to in paragraph (a);

impair, in relation to an electronic system, includes the following —

(a)to gain unauthorised access to the system or electronic information that is used by, within or in relation to the system;

(b)to intercept electronic information that is used by, within or in relation to the system;

(c)to prevent the system from properly functioning.

(2)A cybersecurity incident is an event or situation in which —

(a)an electronic system is modified or impaired as described in subregulation (3); or

(b)a threat is made that causes a person to have a reasonable suspicion that an electronic system is being or will be modified or impaired as described in subregulation (3); or

(c)a person reasonably suspects that an electronic system is being or will be modified or impaired as described in subregulation (3).

(3)For the purposes of subregulation (2)(a) to (c), the modification or impairment must be capable of causing or resulting in —

(a)loss of life, prejudice to the safety, or harm to the health, of persons or animals; or

(b)destruction of, or damage to, property or any part of the environment.

 

6.Regulation 15 amended

Delete regulation 15(n) and insert:

 

(n)hostile act;

(o)cybersecurity incident.

 

7.Regulation 23C inserted

At the end of Part 3 insert:

 

23C.Hazard management agency — Department of the Premier and Cabinet

(1)In this regulation —

Department means the department of the Public Service principally assisting the Premier.

(2)The Department is the hazard management agency for emergency management of the hazard set out in regulation 15(o) for the whole of the State.

(3)The chief executive officer of the Department is authorised to act in the name of the Department for the purposes of —

(a)sections 50 and 53 of the Act; and

(b)authorising under section 55(1) of the Act persons to act as hazard management officers.

(4)The Government Chief Information Officer employed by the Department is authorised to act in the name of the Department for the purposes of —

(a)sections 50 and 53 of the Act; and

(b)authorising under section 55(1) of the Act persons to act as hazard management officers.

 

8.Regulation 23 amended

(1)In regulation 23(c) delete “insurance.” and insert:

 

insurance;

 

(2)After regulation 23(c) insert:

 

(d)information relating to the person who owns, controls or manages electronic information;

(e)information relating to the person who owns, controls or manages an electronic system;

(f)if the emergency situation or state of emergency is in respect of a hazard that is a cybersecurity incident — information relating to the cybersecurity incident.

 

K. COLLERAN, Clerk of the Executive Council

© State of Western Australia 2025.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2025.

By Authority: ROGER JACOBS, Acting Government Printer