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Queensland
CHEMICAL, BIOLOGICAL
AND RADIOLOGICAL
EMERGENCY POWERS
AMENDMENT BILL 2003
Queensland
CHEMICAL, BIOLOGICAL AND
RADIOLOGICAL EMERGENCY POWERS
AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4A Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Amendment of s 5 (Declaration of emergency situation) . . . . . . . . . . . . . . . 11
7 Amendment of s 7 (Power to delegate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Amendment of s 8 (Powers of incident coordinator) . . . . . . . . . . . . . . . . . . 12
9 Amendment of s 9 (Protection of employment rights) . . . . . . . . . . . . . . . . . 13
10 Amendment of s 10 (Compensation for personal injury) . . . . . . . . . . . . . . . 13
11 Amendment of s 11 (Compensation for use of or damage to property) . . . . 14
12 Renumbering and relocation of ss 911 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Insertion of new pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 3--CHEMICAL, BIOLOGICAL AND RADIOLOGICAL
EMERGENCIES
Division 1--Preliminary
9 Parliament's intention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10 Relationship to other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
11 CBR emergency powers and powers under other Acts . . . . . . . . . . . 16
Division 2--Declaring, extending and ending CBR emergencies
12 CBR emergency may be declared . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
13 Extension of CBR emergency up to 7 days . . . . . . . . . . . . . . . . . . . . 18
14 Extension of CBR emergency beyond 7 days . . . . . . . . . . . . . . . . . . 19
15 Ending CBR emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 3--CBRE coordinator's coordination responsibility and general
powers
Subdivision 1--CBRE coordinator
16 Meaning of "CBRE coordinator" . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
17 Coordination responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
18 Powers of CBRE coordinator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Power to authorise exercise of particular powers . . . . . . . . . . . . . . . 21
Subdivision 2--Powers available to emergency responders
20 CBRE ambulance officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
21 CBRE fire officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
22 CBRE health officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
23 CBRE police officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
24 CBRE veterinary officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 4--Exercise of powers
25 Power to seize property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
26 Power to destroy seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
27 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . 26
28 Power to decontaminate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
29 Power to medically examine and treat . . . . . . . . . . . . . . . . . . . . . . . . 28
30 Refusal of medical treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
31 Power to give particular directions . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 5--Provisions about detention
Subdivision 1--Detention powers
32 Power to detain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Subdivision 2--Exercise of detention power after first 48 hours
33 Continued exercise of detention power after 48 hours . . . . . . . . . . . 31
34 Application for approval to continue exercising detention power . . . 31
35 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
36 Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
3
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
Subdivision 3--Other provisions about detention
37 Application of subdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
38 CBRE coordinator's obligations in relation to relevant person . . . . . 33
39 Application to Supreme Court judge for order ending person's
detention ............................................ 34
40 Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 6--Other provisions
41 Record of seized property to be kept . . . . . . . . . . . . . . . . . . . . . . . . . 35
42 Return etc. of seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
43 Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
14 Omission of s 16 (Offences generally) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
15 Amendment of s 17 (Protection from liability) . . . . . . . . . . . . . . . . . . . . . . . 37
16 Amendment of s 18 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . . 38
17 Renumbering of ss 1718 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
18 Insertion of schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
SCHEDULE
DICTIONARY
19 Other Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 41
ACTS AMENDED
ENVIRONMENTAL PROTECTION ACT 1994 . . . . . . . . . . . . . . . . . . . . . 41
FIRE AND RESCUE SERVICE ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . 41
POLICE POWERS AND RESPONSIBILITIES ACT 2000. . . . . . . . . . . . . 42
STATE COUNTER-DISASTER ORGANISATION ACT 1975. . . . . . . . . . 43
2003
A BILL
FOR
An Act to amend the Public Safety Preservation Act 1986 in relation to
powers for dealing with chemical, biological or radiological
emergencies, and for related purposes
s1 6 s4
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
The Parliament of Queensland enacts-- 1
1 Short title
Clause 2
This Act may be cited as the Chemical, Biological and Radiological 3
Emergency Powers Amendment Act 2003. 4
2 Act amended
Clause 5
This Act amends the Public Safety Preservation Act 1986. 6
3 Amendment of title
Clause 7
Title, `situations of emergency'-- 8
omit, insert-- 9
`chemical, biological, radiological or other emergencies'. 10
4 Amendment of s 4 (Definitions)
Clause 11
(1) Section 4, `In this Act--'-- 12
omit, insert-- 13
`The dictionary in the schedule defines particular words used in this 14
Act.'. 15
(2) Section 4-- 16
insert-- 17
` "ambulance controller" means a government ambulance officer whose 18
duties include performing functions for the Queensland Ambulance 19
Service as a controller of ambulance officers responding to a CBR 20
emergency. 21
"ambulance officer" means-- 22
(a) a government ambulance officer; or 23
(b) a non-government ambulance officer. 24
s4 7 s4
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
"CBR emergency" see section 12.1 1
"CBR emergency powers" means powers available to the 2
CBRE coordinator or emergency responders under part 3. 3
"CBR substance" means-- 4
(a) a chemical, biological or radiological substance; or 5
(b) the effect of a chemical, biological or radiological substance. 6
"CBRE ambulance officer" means an ambulance officer who is 7
authorised under part 3 to exercise powers available to an ambulance 8
officer under that part for a particular CBR emergency. 9
"CBRE coordinator" see section 16.2 10
"CBRE fire officer" means a fire officer who is authorised under part 3 to 11
exercise powers available to a fire officer under that part for a 12
particular CBR emergency. 13
"CBRE health officer" means a health officer who is authorised under 14
part 3 to exercise powers available to a health officer under that part 15
for a particular CBR emergency. 16
"CBRE police officer" means a police officer who is authorised under 17
part 3 to exercise powers available to a police officer under that part 18
for a particular CBR emergency. 19
"CBRE veterinary officer" means a veterinary officer who is authorised 20
under part 3 to exercise powers available to a veterinary officer under 21
that part for a particular CBR emergency 22
"chief veterinary officer" means the veterinary officer employed to 23
perform functions as the chief veterinary officer for the department 24
within which the Stock Act 1915 is administered. 25
"commissioner" means the commissioner of the Queensland Police 26
Service. 27
"decontamination power" means the power described in section 28.3 28
"detention power" means the power under section 32 to detain a person.4 29
1 Section 12 (CBR emergency may be declared)
2 Section 16 (Meaning of "CBRE coordinator")
3 Section 28 (Power to decontaminate)
4 Section 32 (Power to detain)
s4 8 s4
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
"emergency responder" means-- 1
(a) until a CBR emergency is declared, a person who is-- 2
(i) a government ambulance officer; or 3
(ii) a government fire officer; or 4
(iii) a government health officer; or 5
(iv) a State police officer; or 6
(v) a veterinary officer; or 7
(b) after a CBR emergency is declared, a person who is-- 8
(i) a CBRE ambulance officer; or 9
(ii) a CBRE fire officer; or 10
(iii) a CBRE health officer; or 11
(iv) a CBRE police officer; or 12
(v) a CBRE veterinary officer. 13
"fire controller" means a government fire officer whose duties include 14
performing functions for the Queensland Fire and Rescue Service as a 15
controller of fire officers responding to a CBR emergency. 16
"fire officer" means-- 17
(a) a government fire officer; or 18
(b) a non-government fire officer. 19
"government ambulance officer" means an ambulance officer under the 20
Ambulance Service Act 1991. 21
"government doctor" means a registrant under the Medical Practitioners 22
Registration Act 2001 who is employed in the department within 23
which that Act is administered. 24
"government fire officer", means a fire officer under the Fire and Rescue 25
Service Act 1990. 26
"government health officer" means-- 27
(a) a government doctor; or 28
(b) a government nurse. 29
s4 9 s4
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
"government nurse" means a registered nurse under the Nursing Act 1992 1
who is employed in the department within which that Act is 2
administered. 3
"health officer" means-- 4
(a) a government health officer; or 5
(b) a non-government doctor; or 6
(c) a non-government nurse. 7
"help direction" see section 8.5 8
"identity power" means the power described in section 27(1).6 9
"involved", in relation to a CBR substance, includes-- 10
(a) likely to be involved; and 11
(b) likely to have been involved. 12
"medical controller" means a government health officer whose duties 13
include performing functions for the department within which the 14
Health Act 1937 is administered as a controller of health officers 15
responding to a CBR emergency. 16
"monitor" means a monitor under the Crime and Misconduct Act 2001 or 17
the Police Powers and Responsibilities Act 2000. 18
"non-government ambulance officer" means a person performing 19
functions of an ambulance officer for an ambulance service other than 20
the Queensland Ambulance Service. 21
"non-government doctor" means-- 22
(a) a registrant under the Medical Practitioners Registration 23
Act 2001 who is not a government doctor; or 24
(b) a person registered as a medical practitioner under a law of 25
another State. 26
"non-government fire officer" means a person performing functions of a 27
fire officer for a fire authority, brigade or service other than the 28
Queensland Fire and Rescue Service. 29
"non-government nurse" means-- 30
5 Section 8 (Powers of incident coordinator)
6 Section 27 (Power to require name and address)
s4 10 s4
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
(a) a registered nurse under the Nursing Act 1992 who is not a 1
government nurse; or 2
(b) a person registered as a nurse under a law of another State. 3
"non-State police officer" means a member of a police force or service of 4
the Commonwealth or another State. 5
"nurse" means-- 6
(a) a government nurse; or 7
(b) a non-government nurse. 8
"police officer" means-- 9
(a) a non-State police officer; or 10
(b) a State police officer. 11
"property destruction power" means the power described in 12
section 26(1).7 13
"property seizure power" means the power described in section 25(1).8 14
"resource operator direction" see section 8.9 15
"resource surrender direction" see section 8. 16
"State police officer" means a police officer under the Police Service 17
Administration Act 1990. 18
"treatment power" means the power described in sections 29(2) 19
and 30(3).10 20
"veterinary officer" means a government veterinary officer under the 21
Stock Act 1915.'. 22
(3) Section 5, definitions-- 23
relocate to the schedule (as inserted by section 18). 24
7 Section 26 (Power to destroy seized property)
8 Section 25 (Power to seize property)
9 Section 8 (Powers of incident coordinator)
10 Sections 29 (Power to medically examine and treat) and 30 (Refusal of medical
treatment)
s5 11 s7
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
5 Insertion of new s 4A
Clause 1
Part 1, after section 4-- 2
insert-- 3
`4A Notes 4
`A note in the text of this Act is part of the Act.'. 5
6 Amendment of s 5 (Declaration of emergency situation)
Clause 6
(1) Section 5(2)-- 7
omit. 8
(2) Section 5(4A), `(3)'-- 9
omit, insert-- 10
`(2)'. 11
(3) Section 5(3) to (5)-- 12
renumber as section 5(2), (3), (5) and (6). 13
(4) Section 5-- 14
insert-- 15
`(4) However, if an emergency situation is later declared to be a CBR 16
emergency, the declaration of the emergency situation has no effect for the 17
period of the CBR emergency. 18
19
Note--
CBR emergencies may be declared under section 12.11'. 20
7 Amendment of s 7 (Power to delegate)
Clause 21
(1) Section 7(3), from `referred to'-- 22
omit, insert-- 23
`under section 5, whichever happens first.'. 24
(2) Section 7(4), `referred to in section 5(3)'-- 25
omit, insert-- 26
11 Section 12 (CBR emergency may be declared)
s8 12 s8
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
`issued under section 5'. 1
(3) Section 7(4), from `referred to', second mention-- 2
omit, insert-- 3
`of the emergency situation.'. 4
8 Amendment of s 8 (Powers of incident coordinator)
Clause 5
(1) Section 8(a), `his or her control'-- 6
omit, insert-- 7
`the incident coordinator's or police officer's control ("resource 8
surrender direction")'. 9
(2) Section 8(c), `his or her'-- 10
omit, insert-- 11
`the incident coordinator's or police officer's'. 12
(3) Section 8(c), from `, provided that' to `danger'-- 13
omit, insert-- 14
`("resource operator direction")'. 15
(4) Section 8(i), from `, provided that'-- 16
omit, insert-- 17
`("help direction").'. 18
(5) Section 8-- 19
insert-- 20
`(2) The incident coordinator or police officer must not give a resource 21
operator direction or a help direction to a person if giving the direction 22
would expose the person to imminent danger. 23
`(3) A person given a resource surrender direction, a resource operator 24
direction or a help direction must comply with the direction, unless the 25
person has a reasonable excuse. 26
Maximum penalty for subsection (3)--40 penalty units or 1 year's 27
imprisonment.'. 28
s9 13 s 10
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
9 Amendment of s 9 (Protection of employment rights)
Clause 1
(1) Section 9(1)-- 2
omit, insert-- 3
`(1) A person must not dismiss from employment an employee who is or 4
was absent from the employee's employment because of a relevant 5
direction. 6
Maximum penalty--40 penalty units or 1 year's imprisonment.'. 7
(2) Section 9(3), from `shall be deemed'-- 8
omit, insert-- 9
`is taken not to have been broken only by the employee's absence from 10
the employment because of a relevant direction or the exercise by an 11
emergency responder of powers under part 3.'. 12
(3) Section 9(4)-- 13
omit, insert-- 14
`(4) An employee who is absent from the employee's employment 15
because of a relevant direction is entitled to be paid by the person's 16
employer wages payable for the period of the employee's absence during 17
normal working hours.'. 18
(4) Section 9-- 19
insert-- 20
`(6) In this section-- 21
"relevant direction" means either of the following, whether given under 22
part 2 or part 3-- 23
(a) a resource operator direction; 24
(b) a help direction.'. 25
10 Amendment of s 10 (Compensation for personal injury)
Clause 26
Section 10, from `the direction' to `section 8'-- 27
omit, insert-- 28
`a resource operator direction or a help direction'. 29
s 11 14 s 12
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
11 Amendment of s 11 (Compensation for use of or damage to 1
property)
Clause 2
(1) Section 11, heading, `or damage to'-- 3
omit, insert-- 4
`, damage to or destruction of'. 5
(2) Section 11(3) and (4)-- 6
renumber as section 11(4) and (5). 7
(3) Section 11(1) and (2)-- 8
omit, insert-- 9
`(1) This section applies to a person ("claimant")-- 10
(a) whose property-- 11
(i) is surrendered to the incident coordinator, the CBRE 12
coordinator, or a police officer, under a resource surrender 13
direction; or 14
(ii) is damaged or destroyed through the use of powers under 15
this Act in an emergency situation or a CBR emergency; and 16
(b) who claims to have suffered financial loss because of the use, 17
damage or destruction of the property. 18
`(2) The claimant, or another person authorised by the claimant for the 19
purpose, may apply in writing to the Minister for compensation for the 20
financial loss. 21
`(3) The claimant must make the application and give the Minister 22
details of the financial loss within-- 23
(a) for a claim relating to an emergency situation--28 days after the 24
day the declaration of the emergency situation is revoked; or 25
(b) for a claim relating to a CBR emergency--3 months after the day 26
the CBR emergency ends.'. 27
12 Renumbering and relocation of ss 911
Clause 28
Sections 9 to 11, as amended by this Act-- 29
renumber as sections 44 to 46 and relocate to part 4, before section 47, 30
as renumbered by section 17. 31
s 13 15 s 13
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
13 Insertion of new pt 3
Clause 1
After section 8-- 2
insert-- 3
`PART 3--CHEMICAL, BIOLOGICAL AND 4
RADIOLOGICAL EMERGENCIES 5
`Division 1--Preliminary 6
`9 Parliament's intention 7
`It is Parliament's intention that the powers available under this part may 8
be exercised-- 9
(a) only if-- 10
(i) something has happened in which a CBR substance is 11
involved; and 12
(ii) the nature of the particular substance requires the exercise 13
by emergency responders of the powers under this part in 14
addition to powers otherwise available to emergency 15
responders under this or any other Act; and 16
(b) only for so long as the exercise of the additional powers in the 17
particular circumstances is necessary to ensure the chemical, 18
biological or radiological substance involved does not pose a 19
serious risk to the life or health of individuals. 20
`10 Relationship to other Acts 21
`(1) Nothing in this part prevents a person from declaring a state of 22
disaster or another emergency under another Act ("another declaration"). 23
`(2) However, the existence of another declaration does not prevent the 24
declaration of a CBR emergency under this part. 25
26
Examples of other Acts--
27
· State Counter-Disaster Organisation Act 1975
28
· State Transport Act 1938.
s 13 16 s 13
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
`11 CBR emergency powers and powers under other Acts 1
`(1) CBR emergency powers are in addition to and do not limit the 2
powers an emergency responder or a public service officer has under 3
another Act. 4
5
Examples of other persons--
6
· an inspector under the Explosives Act 1999
7
· an authorised person under the Environmental Protection Act 1994
8
· a police officer under the Police Powers and Responsibilities Act 2000.
`(2) However, the CBRE coordinator may give directions about the 9
circumstances in which the powers under the other Act may be exercised 10
during the emergency. 11
`(3) A direction under subsection (2) may be given-- 12
(a) only to emergency responders or public service officers who may 13
exercise powers under another Act; and 14
(b) only if it is necessary for the effective management of the CBR 15
emergency. 16
17
Example 1--
18
The CBRE coordinator may direct an authorised person under the Environmental
19
Protection Act 1994 to delay exercising particular powers until the CBRE coordinator
20
considers it is appropriate in the circumstances for the powers to be exercised.
21
Example 2--
22
If the CBR emergency involves an outbreak of an exotic disease, the CBRE coordinator
23
may direct an inspector under the Exotic Diseases in Animals Act 1981 to delay
24
exercising particular powers until the coordinator considers it is appropriate in the
25
circumstances for the powers to be exercised.
`(4) Also, a direction under subsection (2)-- 26
(a) may be general or limited to a particular class of emergency 27
responder or public service officer; and 28
(b) may be given on conditions. 29
s 13 17 s 13
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
`Division 2--Declaring, extending and ending CBR emergencies 1
`12 CBR emergency may be declared 2
`(1) A State police officer of at least the rank of assistant commissioner 3
may declare an emergency ("CBR emergency") if satisfied-- 4
(a) something has happened in which a CBR substance is involved 5
(an "incident"); and 6
(b) the substance poses a serious risk to the life or health of 7
individuals; and 8
(c) the substance may spread if not contained; and 9
(d) a significant coordinated effort by emergency responders is 10
necessary to adequately respond to the incident; and 11
(e) using powers available to an incident coordinator in an 12
emergency situation, or to someone else under another Act, 13
would not enable emergency responders to effectively deal with 14
the incident. 15
`(2) The CBRE coordinator must promptly inform the Minister of the 16
declaration of the CBR emergency. 17
`(3) If, after reasonable efforts, the Minister can not be contacted, the 18
CBRE coordinator must promptly inform the Premier of the declaration of 19
the CBR emergency. 20
`(4) If neither the Minister nor the Premier can be contacted, the CBRE 21
coordinator must promptly inform the next most senior Minister who is 22
available of the declaration of the CBR emergency. 23
`(5) As soon as practicable after declaring the CBR emergency, the 24
CBRE coordinator must make a written record of the time and date the 25
emergency was declared. 26
`(6) Unless either of the following happens, the CBR emergency ends 27
24 hours after the declaration is made-- 28
(a) a relevant person sooner ends the emergency under section 15; 29
(b) the Minister and the Premier extend the period of the emergency. 30
s 13 18 s 13
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
`13 Extension of CBR emergency up to 7 days 1
`(1) This section applies if the Minister and the Premier are satisfied-- 2
(a) a CBR emergency has happened; and 3
(b) it is necessary for emergency responders to continue to exercise 4
CBR emergency powers beyond the first 24 hours ("initial 5
period") of the emergency to protect life or health at serious risk 6
because of the CBR substance involved in the emergency. 7
`(2) Before the initial period of the CBR emergency ends, the Minister 8
and the Premier may extend the period of the emergency to a total of not 9
more than 7 days from the start of the initial period. 10
11
Note--
12
For provisions about the exercise of the detention power after the first 48 hours of a
CBR emergency, see division 5, subdivision 2.12 13
`(3) If-- 14
(a) the period of the CBR emergency as extended under 15
subsection (2) is less than 7 days; and 16
(b) the Minister and the Premier still consider it is necessary for 17
emergency responders to continue to exercise CBR emergency 18
powers to protect life or health at serious risk because of the CBR 19
substance involved in the emergency; 20
the Minister and the Premier may further extend the period of the 21
emergency to a total of up to 7 days from the start of the initial period of 22
the emergency. 23
`(4) Unless either of the following happens, the CBR emergency ends 24
7 days after the start of the initial period of the emergency-- 25
(a) a relevant person sooner ends the emergency under section 15; 26
(b) a regulation extends the period of the emergency beyond the end 27
of the 7 days. 28
12 Division 5 (Provisions about detention), subdivision 2 (Exercise of detention power
after first 48 hours)
s 13 19 s 13
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
`14 Extension of CBR emergency beyond 7 days 1
`(1) A regulation may extend, or further extend, the period of a CBR 2
emergency. 3
`(2) A regulation made for the purposes of this section commences on 4
the day it is made whether or not it is notified on that day. 5
`(3) Also, a regulation extending the period of a CBR emergency expires 6
14 days after the start of the initial period of the emergency unless it is 7
sooner repealed or expires under section 15(4). 8
`(4) In addition, a regulation further extending the period of a CBR 9
emergency must state the period, of not more than 14 days, by which the 10
emergency is extended. 11
`(5) Subsections (2) and (4) apply despite the Statutory Instruments Act 12
1992, section 32.13 13
`(6) The Statutory Instruments Act 1992, part 514 does not apply to a 14
regulation made under this section. 15
`15 Ending CBR emergency 16
`(1) As soon as the relevant person is satisfied it is no longer necessary 17
for emergency responders to continue to exercise CBR emergency powers 18
to protect life or health at serious risk because of the CBR substance 19
involved in the CBR emergency, the relevant person must end the 20
emergency. 21
`(2) The CBRE coordinator must promptly inform emergency 22
responders of the ending of the CBR emergency. 23
`(3) The CBRE coordinator must also notify the ending of the CBR 24
emergency and when it ended by gazette notice as soon as practicable. 25
`(4) A regulation extending or further extending the period of the CBR 26
emergency expires when the emergency ends. 27
`(5) In this section-- 28
"relevant person" means-- 29
(a) to end a CBR emergency within 24 hours of its start-- 30
13 Statutory Instruments Act 1992, section 32 (Prospective commencement)
14 Statutory Instruments Act 1992, part 5 (Guidelines for regulatory impact statements)
s 13 20 s 13
Chemical, Biological and Radiological Emergency
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(i) if a Minister has not been notified under section 12--the 1
CBRE coordinator; or 2
(ii) if a Minister has been notified under section 12--the 3
Minister notified; or 4
(b) if the period of the CBR emergency is extended under 5
section 13--the Minister and the Premier. 6
`Division 3--CBRE coordinator's coordination responsibility and 7
general powers 8
`Subdivision 1--CBRE coordinator 9
`16 Meaning of "CBRE coordinator" 10
`Each of the following is a "CBRE coordinator"-- 11
(a) a State police officer who declares a CBR emergency under 12
section 12; 13
(b) a State police officer of the rank of at least assistant 14
commissioner who is for the time being performing the functions 15
of the CBRE coordinator under this part. 16
`17 Coordination responsibility 17
`(1) On the declaration of a CBR emergency, the CBRE coordinator is 18
responsible for the overall management and control of emergency 19
responders responding to the emergency. 20
`(2) For coordinating the response by emergency responders to the CBR 21
emergency, the CBRE coordinator may give directions about the 22
circumstances in which powers available to emergency responders only 23
under this Act may be exercised. 24
`(3) A direction given under subsection (2)-- 25
(a) may be general or limited to a particular class of emergency 26
responder; and 27
(b) may be given on conditions. 28
s 13 21 s 13
Chemical, Biological and Radiological Emergency
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`18 Powers of CBRE coordinator 1
`(1) On the declaration of a CBR emergency, the CBRE coordinator has 2
the following powers-- 3
(a) the powers stated in section 23 for the emergency;15 4
(b) the powers an incident coordinator has in an emergency 5
situation; 6
(c) the power under section 19(1) to authorise the exercise of powers 7
available to particular emergency responders only under this part. 8
9
Note 1--
10
The powers mentioned in paragraph (b) are in section 816 and include power to give
11
help directions, resource operator directions and resource surrender directions.
12
Note 2--
13
Under section 11(2), the CBRE coordinator may give directions relating to the
14
circumstances in which emergency responders or public service officers may exercise
15
powers under another Act.
16
Note 3--
17
The CBRE coordinator also has powers to give directions under section 17(2).
`(2) For subsection (1)(b), a reference in section 8 to-- 18
(a) an incident coordinator is taken to be a reference to the CBRE 19
coordinator; and 20
(b) an emergency situation is taken to be a reference to a CBR 21
emergency. 22
`19 Power to authorise exercise of particular powers 23
`(1) On the declaration of a CBR emergency, the CBRE coordinator may 24
authorise any of the following to exercise powers available to emergency 25
responders only under this Act-- 26
(a) an ambulance officer; 27
(b) a fire officer; 28
(c) a police officer; 29
(d) a veterinary officer. 30
15 Section 23 (CBRE police officers)
16 Section 8 (Powers of incident coordinator)
s 13 22 s 13
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`(2) On the declaration of a CBR emergency, the medical controller 1
may-- 2
(a) exercise the powers of the medical controller under this part; and 3
(b) authorise a health officer to exercise powers available to the 4
officer only under this part. 5
`(3) An authorisation under subsection (1) or (2)-- 6
(a) may be general or limited to a particular class of emergency 7
responder; and 8
(b) may be given on conditions; and 9
(c) may be given orally or in writing but if given orally must be put 10
in writing as soon as reasonably practicable. 11
`(4) A failure to put an authorisation in writing under subsection (3)(c) 12
does not invalidate the authorisation or anything done under the 13
authorisation. 14
`(5) The CBRE coordinator may delegate the power to authorise an 15
emergency responder, other than a health officer, to exercise powers 16
available to the responder only under this part-- 17
(a) for a power available to an ambulance officer--to the ambulance 18
controller; or 19
(b) for a power available to a fire officer--to the fire controller; or 20
(c) for a power available to a veterinary officer--to the chief 21
veterinary officer. 22
`(6) Despite the Acts Interpretation Act 1954, section 27A(3),17 a 23
delegation under subsection (5) may be made orally or in writing. 24
`(7) However, if made orally, the delegation must be put in writing and a 25
copy given to the delegate as soon as practicable after the delegation is 26
made, but no later than 7 days after the CBR emergency ends. 27
`(8) A delegation under subsection (5) also authorises the person to 28
whom the power is delegated to exercise the power an emergency 29
responder is authorised by the delegate to exercise. 30
17 Acts Interpretation Act 1954, section 27A (Delegation of powers)
s 13 23 s 13
Chemical, Biological and Radiological Emergency
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1
Example for subsection (8)--
2
The CBRE coordinator delegates to the fire controller the power to authorise fire
3
officers to exercise the decontamination power. The fire controller is authorised to
4
exercise the decontamination power.
`Subdivision 2--Powers available to emergency responders 5
`20 CBRE ambulance officers 6
`(1) A CBRE ambulance officer may exercise the following powers-- 7
(a) the treatment power; 8
(b) the power to give directions under section 31.18 9
`(2) The CBRE ambulance officer may exercise the relevant power only 10
in accordance with this Act, the terms of the authorisation to exercise the 11
power and subject to the directions of the CBRE coordinator or the 12
ambulance controller. 13
`(3) Also, if the CBRE ambulance officer is a non-government 14
ambulance officer, the ambulance officer is subject to the direction of a 15
government ambulance officer. 16
`21 CBRE fire officers 17
`(1) A CBRE fire officer may exercise the following powers-- 18
(a) the decontamination power; 19
(b) the property destruction power; 20
(c) the power to give directions under section 31. 21
`(2) The CBRE fire officer may exercise the relevant power only in 22
accordance with the terms of this Act, the authorisation to exercise the 23
power and subject to the directions of the CBRE coordinator or the fire 24
controller. 25
`(3) Also, if the CBRE fire officer is a non-government fire officer, the 26
fire officer is subject to the direction of a government fire officer. 27
18 Section 31 (Power to give particular directions)
s 13 24 s 13
Chemical, Biological and Radiological Emergency
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`22 CBRE health officers 1
`(1) A CBRE health officer may exercise the following powers-- 2
(a) the decontamination power; 3
(b) the property destruction power; 4
(c) the treatment power; 5
(d) the power to give directions under section 31. 6
`(2) The CBRE health officer may exercise the relevant power only in 7
accordance with the terms of this Act, the authorisation to exercise the 8
power and subject to the directions of the CBRE coordinator or the medical 9
controller. 10
`(3) Also, if the CBRE health officer is a non-government health officer, 11
the non-government health officer is subject to the direction of a 12
government health officer. 13
`23 CBRE police officers 14
`(1) A CBRE police officer may exercise the following powers-- 15
(a) the detention power; 16
(b) the property seizure power; 17
(c) the property destruction power; 18
(d) the identity power; 19
(e) the power to give directions under section 31. 20
`(2) The CBRE police officer may exercise the relevant power only in 21
accordance with this Act, the terms of the authorisation to exercise the 22
power and subject to the directions of the CBRE coordinator. 23
`(3) Also, if the CBRE police officer is a non-State police officer, the 24
police officer is subject to the directions of a State police officer. 25
`24 CBRE veterinary officers 26
`(1) A CBRE veterinary officer may exercise the following powers-- 27
(a) the decontamination power; 28
(b) the property destruction power; 29
s 13 25 s 13
Chemical, Biological and Radiological Emergency
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(c) the power to give directions under section 31.19 1
`(2) The CBRE veterinary officer may exercise the relevant power only 2
in accordance with the terms of the authorisation to exercise the power and 3
subject to the directions of the CBRE coordinator or the chief veterinary 4
officer. 5
`Division 4--Exercise of powers 6
`25 Power to seize property 7
`(1) A CBRE police officer may seize property to ensure a CBR 8
substance involved in the CBR emergency is made ineffective. 9
`(2) For exercising the property seizure power, a CBRE police officer 10
may require a person to leave in a stated place property the person 11
possesses or controls. 12
`(3) However, the CBRE police officer may require a person to leave 13
property in a stated place only if the CBRE police officer considers, having 14
regard to the substance involved in the CBR emergency-- 15
(a) it is reasonably necessary to require the person to leave the 16
property in the place; and 17
(b) it is reasonably practicable for the person to leave the property in 18
the place. 19
`26 Power to destroy seized property 20
`(1) The following emergency responders may destroy seized property to 21
ensure a CBR substance involved in the CBR emergency is made 22
ineffective-- 23
(a) a CBRE fire officer; 24
(b) a CBRE health officer; 25
(c) a CBRE police officer; 26
(d) a CBRE veterinary officer. 27
19 Section 31 (Power to give particular directions)
s 13 26 s 13
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`(2) However, the emergency responder must not destroy property that 1
may reasonably be decontaminated. 2
`(3) For seized property other than an animal, an emergency responder 3
other than a CBRE veterinary officer-- 4
(a) may destroy property that is affected by a biological or 5
radiological substance only if the medical controller decides the 6
property should be destroyed; and 7
(b) may destroy property that is affected by a chemical substance 8
only if the fire controller decides the property should be 9
destroyed. 10
`(4) For seized property that is an animal, the CBRE veterinary officer 11
may destroy the animal-- 12
(a) only if the chief veterinary officer decides the animal should be 13
destroyed; and 14
(b) whether or not it is lawful under another Act to destroy the 15
animal. 16
`27 Power to require name and address 17
`(1) A CBRE police officer may require a person to state the person's 18
correct name and address. 19
`(2) The CBRE police officer may also ask a person in relation to whom 20
the identity power is exercised to state the name and address of the person's 21
next of kin or someone else the person considers should be contacted to 22
enable the CBRE police officer to contact someone to inform that person of 23
the person's whereabouts. 24
`(3) However, the CBRE police officer may only exercise the identity 25
power in relation to a person if the CBRE police officer considers it is 26
necessary-- 27
(a) to record details of-- 28
(i) individuals detained; and 29
(ii) property seized from the person; or 30
(b) to enable the CBRE coordinator to contact the person if 31
necessary because of something relating to the CBR substance 32
s 13 27 s 13
Chemical, Biological and Radiological Emergency
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involved in the CBR emergency that may put the person's life or 1
health, or the life or health of someone else, at risk. 2
`(4) For exercising the identity power, the CBRE police officer may 3
require the person to produce documents in the person's possession or 4
control that may help establish the person's identity. 5
6
Example of document--
7
A driver licence.
`(5) Information given under this section may be used only for-- 8
(a) a purpose mentioned in subsection (3); or 9
(b) a proceeding before the Coroners Court; or 10
(c) an investigation into an offence directly related to the CBR 11
emergency. 12
13
Example of paragraph (c)--
14
An investigation into an offence involving the release of the CBR
15
substance.
`(6) This section does not limit the powers a police officer has under the 16
Police Powers and Responsibilities Act 2000, section 32.20 17
`28 Power to decontaminate 18
`(1) This section applies if a person or property may be, is, or may have 19
been affected by a CBR substance involved in the CBR emergency. 20
`(2) If the substance involved in the CBR emergency is a biological or 21
radiological substance-- 22
(a) a CBRE health officer may take the steps the health officer 23
considers reasonably necessary to decontaminate the person or 24
property; or 25
(b) a CBRE fire officer, with the approval of the medical controller, 26
may take the steps the medical controller or a CBRE health 27
officer considers reasonably necessary to decontaminate the 28
person or property. 29
20 Police Powers and Responsibilities Act 2000, section 32 (Person may be required to
state name and address)
s 13 28 s 13
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`(3) If the substance involved in the CBR emergency is a chemical 1
substance, it is lawful for a CBRE fire officer to take the steps the fire 2
officer considers reasonably necessary to decontaminate the person or 3
property. 4
`(4) Subsections (2) and (3) do not apply to an animal. 5
`(5) For subsections (2) and (3), the steps include directing the person to 6
stay at a stated place or to go to a stated place for the purposes of the 7
decontamination. 8
`(6) It is lawful for a CBRE veterinary officer to take the steps the 9
veterinary officer considers reasonably necessary to decontaminate an 10
animal. 11
`29 Power to medically examine and treat 12
`(1) This section applies if a person ("relevant person") may be, is, or 13
may have been affected by a CBR substance involved in the CBR 14
emergency. 15
`(2) It is lawful for a CBRE ambulance officer or a CBRE health officer 16
to medically examine the relevant person and provide any reasonably 17
necessary treatment for the person. 18
`(3) If a person acting under subsection (2)-- 19
(a) is not a government doctor, subsection (2) is subject to any 20
direction given by the medical controller or a government doctor; 21
or 22
(b) is a government doctor, subsection (2) is subject to any direction 23
given by the medical controller. 24
`(4) The power to medically examine a person includes power to take 25
any reasonably necessary samples and perform any reasonably necessary 26
tests for the purpose. 27
`(5) The power to treat a person includes power to isolate the person for 28
the time reasonably necessary for preventing the spread of a CBR 29
substance involved in the CBR emergency to others not already affected by 30
the substance. 31
s 13 29 s 13
Chemical, Biological and Radiological Emergency
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`30 Refusal of medical treatment 1
`(1) This section applies if, after being medically examined, a person is 2
found to require medical treatment because of the effect of the CBR 3
substance involved in the CBR emergency. 4
`(2) The person may refuse to undergo the treatment. 5
`(3) However, if the medical controller or a government doctor is 6
satisfied allowing the person to leave without medical treatment will pose a 7
serious risk to the life or health of individuals not already affected by the 8
CBR substance involved in the CBR emergency, it is lawful for a CBRE 9
ambulance officer or a CBRE health officer to treat the person despite the 10
refusal. 11
12
Example--
13
The person may have been affected by a substance that can not be transmitted from
14
person to person. If the person refuses treatment, allowing the person to leave without
15
being treated would not pose a risk to others and there would be no reason to continue
16
to isolate the person.
`(4) This section does not limit a person's right to refuse medical 17
treatment that is not related to a CBR substance involved in the CBR 18
emergency. 19
`31 Power to give particular directions 20
`(1) It is lawful for an emergency responder other than a 21
CBRE veterinary officer, for responding to the CBR emergency, to direct a 22
person-- 23
(a) to go to a stated place; or 24
(b) to stay at or in a stated place; or 25
(c) not to enter a stated place. 26
`(2) Also, it is lawful for a CBRE veterinary officer, for responding to the 27
CBR emergency, to direct a person-- 28
(a) to take a stated animal to a stated place; or 29
(b) to leave an animal at or in a stated place. 30
`(3) A person given a direction under subsection (1) or (2) must comply 31
with the direction, unless the person has a reasonable excuse. 32
Maximum penalty for subsection (3)--40 penalty units or 1 year's 33
imprisonment. 34
s 13 30 s 13
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`Division 5--Provisions about detention 1
`Subdivision 1--Detention powers 2
`32 Power to detain 3
`(1) The CBRE coordinator or a CBRE police officer may detain anyone 4
the coordinator or police officer considers should be detained for a purpose 5
mentioned in subsection (3). 6
`(2) However, the CBRE coordinator or the CBRE police officer may 7
detain a person under subsection (1) only for the time reasonably necessary 8
for the purpose. 9
10
Example--
11
A person who requires decontamination may be detained only for the time necessary to
12
ensure the CBR substance no longer poses a risk to the life or health of anyone else.
`(3) The purposes are as follows-- 13
(a) to ensure a CBR substance involved in the CBR emergency is 14
contained; 15
(b) to ensure a person detained does not pose a serious risk to the life 16
or health of others because of the CBR substance involved in the 17
CBR emergency. 18
`(4) The power to detain a person under subsection (1) includes-- 19
(a) power to require the person to go to a stated place or stay at or in 20
a stated place for a purpose mentioned in subsection (3); and 21
(b) power to move the person to a place for a purpose mentioned in 22
subsection (3). 23
`(5) A person detained under this section is not under arrest or in the 24
custody of a police officer for the purposes of the Police Powers and 25
Responsibilities Act 2000. 26
s 13 31 s 13
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`Subdivision 2--Exercise of detention power after first 48 hours 1
`33 Continued exercise of detention power after 48 hours 2
`The exercise by the CBRE coordinator or CBRE police officer of the 3
detention power after the end of the first 48 hours of the CBR emergency is 4
lawful only if a Supreme Court judge approves the continued exercise of 5
the power. 6
`34 Application for approval to continue exercising detention power 7
`(1) This section applies only if the Minister and the Premier are satisfied 8
it is necessary for the CBRE coordinator to continue to exercise the 9
detention power after the first 48 hours. 10
`(2) The commissioner may apply to the Supreme Court judge for an 11
order approving the continued exercise of the detention power. 12
`(3) The application must be made before the first 48 hours of the CBR 13
emergency ends. 14
`(4) The commissioner must immediately give the monitor notice of the 15
making of the application and a copy of the application. 16
`(5) The monitor is entitled to be present at the consideration of the 17
application and, for that purpose at the hearing, may-- 18
(a) present questions for the applicant to answer and examine or 19
cross-examine any witnesses; and 20
(b) make submissions on the appropriateness in the public interest of 21
granting the application. 22
`35 Consideration of application 23
`(1) The Supreme Court judge-- 24
(a) must decide the application as quickly as possible; and 25
(b) may consider any representations made by the monitor; and 26
(c) may make the orders the judge considers appropriate for 27
deciding the application, including, for example, an order 28
suspending the operation of the decision on the application 29
pending the outcome of an appeal; and 30
s 13 32 s 13
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(d) may approve or refuse to approve the continued exercise of the 1
detention power. 2
3
Examples of orders for paragraph (c)--
4
· interim orders
5
· orders adjourning the application until the commissioner gives the
6
judge additional information
7
· orders approving the release of some individuals but continuing the
8
detention of others.
`(2) However, the Supreme Court judge may approve the application 9
only if satisfied continued use of the detention power is reasonably 10
necessary to prevent a serious risk to the life or health of individuals not 11
already affected by the CBR substance involved in the CBR emergency. 12
`(3) If the Supreme Court judge does not decide the application before 13
the end of the first 48 hours of the CBR emergency, it is lawful for the 14
CBRE coordinator to continue to exercise the detention power until the 15
application is finally decided. 16
`36 Appeal 17
`(1) The commissioner may appeal to the Court of Appeal against the 18
refusal of the Supreme Court judge to approve the continued use of the 19
detention power. 20
`(2) On the filing of an appeal, the decision of the Supreme Court judge 21
is stayed. 22
`(3) The Court of Appeal-- 23
(a) must hear and decide the appeal without delay; and 24
(b) may either-- 25
(i) approve the continued use of the detention power; or 26
(ii) confirm the decision appealed against and dismiss the 27
appeal; and 28
(c) may make the other orders the court considers appropriate. 29
s 13 33 s 13
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`Subdivision 3--Other provisions about detention 1
`37 Application of subdiv 3 2
`This subdivision applies only in relation to a person who is detained 3
under this part ("relevant person"). 4
`38 CBRE coordinator's obligations in relation to relevant person 5
`(1) The CBRE coordinator must-- 6
(a) as soon as possible having regard to all the circumstances, inform 7
the relevant person-- 8
(i) the person may apply to a Supreme Court judge for an order 9
ending the person's detention and how the person may 10
apply; and 11
(ii) of the person's right to consult a lawyer of the person's 12
choice; and 13
(iii) that for the person to be detained beyond the first 48 hours 14
of the CBR emergency, the commissioner must apply to a 15
Supreme Court judge for approval for the CBRE 16
coordinator to continue to exercise the detention power; and 17
(b) as soon as reasonably practicable inform the relevant person's 18
next of kin or someone else nominated by the person-- 19
(i) that the relevant person is detained under this part and 20
where the person is detained; and 21
(ii) of the things mentioned in paragraph (a); and 22
(iii) of how to obtain information about the relevant person, 23
including who to contact to obtain the information; and 24
(c) make any reasonably necessary arrangements in the interest of 25
the person's welfare. 26
`(2) Subsection (1)(c) applies subject to any direction given by the 27
medical controller or a CBRE health officer. 28
s 13 34 s 13
Chemical, Biological and Radiological Emergency
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`39 Application to Supreme Court judge for order ending person's 1
detention 2
`(1) This section applies if a relevant person has been detained under this 3
part because of a CBR emergency. 4
`(2) The relevant person's lawyer or a person nominated by the relevant 5
person (the "applicant") may apply to a Supreme Court judge for an order 6
ending the relevant person's detention. 7
`(3) The application may be made orally or in writing but if made orally 8
can not be made in the absence of the commissioner or the commissioner's 9
representative. 10
`(4) The applicant must immediately give the commissioner notice of 11
when and where the application will be made. 12
`(5) The notice may be given orally or in writing, but if given orally must 13
be put in writing as soon as practicable. 14
`(6) The judge-- 15
(a) must decide the application as quickly as possible; and 16
(b) must have regard to any submissions made by the parties to the 17
application; and 18
(c) may make an order ending the relevant person's detention only if 19
satisfied the person's continued detention is not reasonably 20
necessary to prevent a serious risk to the life or health of 21
individuals not already affected by the CBR substance involved 22
in the CBR emergency; and 23
(d) may not order the applicant to pay the respondent's costs of the 24
application. 25
`(7) The relevant person is not entitled to be present when the application 26
is being heard. 27
`40 Appeal 28
`(1) A party to a decision of the Supreme Court judge on an application 29
for an order ending a relevant person's detention may appeal to the Court of 30
Appeal against the decision. 31
`(2) If the commissioner is the appellant, the decision appealed against is 32
stayed on the filing of the notice of appeal. 33
s 13 35 s 13
Chemical, Biological and Radiological Emergency
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`(3) The Court of Appeal must hear and decide the appeal without delay. 1
`(4) If the commissioner is the appellant, the Court of Appeal may make 2
an order-- 3
(a) allowing the appeal; or 4
(b) confirming the decision appealed against and dismissing the 5
appeal. 6
`(5) If the relevant person is the appellant, the Court of appeal may make 7
an order-- 8
(a) ending the relevant person's detention; or 9
(b) confirming the decision appealed against and dismissing the 10
appeal. 11
`(6) The Court of appeal may make the other orders the court considers 12
appropriate. 13
`(7) However, the Court of Appeal may not order a party other than the 14
commissioner to pay the commissioner's costs of the appeal. 15
`Division 6--Other provisions 16
`41 Record of seized property to be kept 17
`(1) The commissioner must ensure a written record of property seized 18
under this part is kept. 19
`(2) The record must include the following information-- 20
(a) a description of the property, sufficient to identify it; 21
(b) when and where the property was seized; 22
(c) if known, from whom the property was seized; 23
(d) if known, the name and address of the person who appears to be 24
entitled to lawfully possess the property; 25
(e) what happened to the property after it was seized; 26
(f) if the property was destroyed--why it was destroyed; 27
s 13 36 s 13
Chemical, Biological and Radiological Emergency
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(g) if the property was returned to a person under section 4221--the 1
name and address of the person and when the property was 2
returned. 3
`(3) A police officer who seizes property under this part must ensure the 4
information mentioned in subsection (2) is recorded as soon as practicable 5
after seizing the property. 6
`(4) This section applies despite the Police Powers and Responsibilities 7
Act 2000, chapter 11, part 2, division 3.22 8
`(5) Also, the Police Powers and Responsibilities Act 2000, section 380 9
does not apply to a thing seized under this part.23 10
`42 Return etc. of seized property 11
`(1) Property seized under this part and not destroyed must be made 12
available for return to the person lawfully entitled to possess it as soon as 13
practicable after-- 14
(a) it has been found not to have been affected by the CBR substance 15
involved in the CBR emergency; or 16
(b) any necessary decontamination of the property is completed; 17
unless, after reasonable efforts, the property can not be returned to the 18
person. 19
`(2) Property not claimed by a person within 60 days after the CBR 20
emergency ends is taken to have been forfeited to the State. 21
21 Section 42 (Return etc. of seized property)
22 Police Powers and Responsibilities Act 2000, chapter 11 (Administration), part 2
(Registers), division 3 (Enforcement registers)
23 Police Powers and Responsibilities Act 2000, section 380 (Receipt for seized
property)
s 14 37 s 15
Chemical, Biological and Radiological Emergency
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1
Note--
2
Property in the possession of the police service that is forfeited to the State may be
3
dealt with under the Police Powers and Responsibilities Act 2000, chapter 11, part 3.24
`43 Reports 4
`(1) The Minister must table in the Legislative Assembly a report about 5
the CBR emergency within 6 months after the end of the emergency. 6
`(2) The report-- 7
(a) must include-- 8
(i) the nature of the CBR emergency, when and why the 9
emergency was declared, and when it ended; and 10
(ii) if the CBR emergency was extended, why it was extended; 11
and 12
(iii) the CBR emergency powers relied on, why they were relied 13
on; and 14
(iv) who authorised emergency responders to exercise the CBR 15
emergency powers relied on, who was authorised to exercise 16
the powers, and how they were used; and 17
(v) if any CBR emergency powers were delegated under 18
section 19(4),25 why, and to whom, the powers were 19
delegated; and 20
(b) may include anything else the Minister considers appropriate.'. 21
14 Omission of s 16 (Offences generally)
Clause 22
Section 16-- 23
omit. 24
15 Amendment of s 17 (Protection from liability)
Clause 25
Section 17, from `shall not'-- 26
24 Police Powers and Responsibilities Act 2000, chapter 11 (Administration), part 3
(Dealing with things in the possession of police service)
25 Section 19 (Power to authorise exercise of particular powers)
s 16 38 s 16
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
omit, insert-- 1
`does not attach to the State, a Minister or an official because of anything 2
done or omitted to be done under this Act in good faith and without 3
negligence. 4
`(2) In this section-- 5
"official" means-- 6
(a) an ambulance controller; or 7
(b) the CBRE coordinator: or 8
(c) the chief veterinary officer; or 9
(d) an emergency responder; or 10
(e) a fire controller; or 11
(f) the incident coordinator; or 12
(g) a medical controller; or 13
(h) a person acting under a help direction or a resource operator 14
direction.'. 15
16 Amendment of s 18 (Evidentiary provisions)
Clause 16
(1) Section 18(a), from `the Minister' to `police officer'-- 17
omit, insert-- 18
`the incident coordinator, the CBRE coordinator, a police officer or 19
anyone else authorised under part 3'. 20
(2) Section 18(b), from `the Minister' to `shall be'-- 21
omit, insert-- 22
`a person mentioned in paragraph (a) is'. 23
(3) Section 18-- 24
insert-- 25
`(d) a certificate signed by the CBRE coordinator and stating any of 26
the following is evidence of what it states-- 27
(i) on a stated day and at a stated time the CBRE coordinator 28
declared a CBR emergency; 29
s 17 39 s 17
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
(ii) on a stated day and at a stated time the period of the CBR 1
emergency was extended beyond the first 24 hours of the 2
emergency; 3
(iii) on a stated day and at a stated time the CBRE coordinator 4
delegated a stated power to a stated person; 5
(iv) on a stated day and at a stated time the CBRE coordinator 6
authorised a stated emergency responder or a stated class of 7
emergency responder to exercise a stated power under 8
part 3; 9
(v) on a stated day and at a stated time a stated police officer 10
seized stated property from a stated person or a stated place; 11
(e) a certificate signed by any of the following and stating a stated 12
person was authorised to exercise a stated power and when the 13
person was authorised to exercise the power is evidence of what 14
it states-- 15
(i) an ambulance controller; 16
(ii) a fire controller; 17
(iii) a medical controller; 18
(iv) the chief veterinary officer; 19
(f) a certificate signed by a medical controller and stating a stated 20
biological or radiological substance was involved in a stated 21
CBR emergency is evidence of what it states; 22
(g) a certificate signed by a fire controller and stating a stated 23
chemical substance was involved in a stated CBR emergency is 24
evidence of what it states; 25
(h) the authority of an emergency responder to exercise a power 26
under part 3 must be presumed, unless the contrary is proved.'. 27
17 Renumbering of ss 1718
Clause 28
Sections 17 and 18, as amended by this Act-- 29
renumber as sections 47 and 48. 30
s 18 40 s 19
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
18 Insertion of schedule
Clause 1
After section 48, as renumbered by section 17-- 2
insert-- 3
`SCHEDULE 4
`DICTIONARY 5
section 4'. 6
19 Other Acts amended
Clause 7
The schedule amends the Acts it mentions. 8
41
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
SCHEDULE 1
ACTS AMENDED 2
section 19 3
ENVIRONMENTAL PROTECTION ACT 1994 4
1 Section 23(2)-- 5
insert-- 6
`· Public Safety Preservation Act 1986, part 326'. 7
FIRE AND RESCUE SERVICE ACT 1990 8
1 After section 60-- 9
insert-- 10
`PART 6A--DECONTAMINATION 11
`60A Decontamination 12
`(1) An authorised fire officer may ask a person the authorised fire officer 13
is satisfied may be, is, or may have been affected by a chemical substance, 14
to agree to undergo decontamination. 15
`(2) The person may agree or refuse to agree to the request. 16
`(3) If the person agrees, it is lawful for the authorised fire officer to take 17
the steps the authorised fire officer considers reasonably necessary to 18
decontaminate the person, including, for example, asking the person to stay 19
where the person is or to move to a stated place for the purpose. 20
26 Public Safety Preservation Act 1986, part 3 (Chemical, biological and radiological
emergencies)
42
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
SCHEDULE (continued)
`(4) The authorised fire officer may not direct another person to perform 1
the decontamination. 2
`(5) In this section-- 3
"decontaminate", in relation to a chemical substance, means make the 4
chemical substance harmless.'. 5
POLICE POWERS AND RESPONSIBILITIES ACT 2000 6
1 Section 373(3), from `the assistant'-- 7
omit, insert-- 8
`the assistant-- 9
(a) to arrest a person; or 10
(b) to demand a person's name and address; or 11
(c) to exercise a power a police officer has when responding to a 12
CBR emergency under the Public Safety Preservation Act 1986, 13
section 23.27'. 14
2 Section 420(2)-- 15
insert-- 16
`(g) a thing seized under the Public Safety Preservation Act 1986, 17
part 3.28'. 18
3 Section 420, `(3) Also'-- 19
omit, insert-- 20
`(4) Also'. 21
27 Public Safety Preservation Act 1986, section 23 (CBRE police officers)
28 Public Safety Preservation Act 1986, part 3 (Chemical, biological and radiological
emergencies)
43
Chemical, Biological and Radiological Emergency
Powers Amendment Bill 2003
SCHEDULE (continued)
4 Section 420-- 1
insert-- 2
`(5) In addition, this part, to the extent it deals with forfeited property, 3
applies to property forfeited to the State under the Public Safety 4
Preservation Act 1986, section 4229 that is in the possession of the police 5
service.'. 6
STATE COUNTER-DISASTER ORGANISATION 7
ACT 1975 8
1 Section 4, after `other Act,'-- 9
insert-- 10
`other than the Public Safety Preservation Act 1986, part 3,30'. 11
12
13
© State of Queensland 2003
14
29 Public Safety Preservation Act 1986, section 42 (Return etc. of seized property)
30 Public Safety Preservation Act 1986, part 3 (Chemical, biological and radiological
emergencies)
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