PUBLIC SAFETY PRESERVATION ACT 1986 - As at 1 February 2024 - Act 25 of 1986
- As at 1 February 2024 - Act 25 of 1986Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title 2. (Repealed)
- 3 Crown bound
- 3A Extraterritorial application of Act
- 4 Definitions
- 4A Relationship with another declaration under another Act
PART 2 - EMERGENCY SITUATION
Division 1 - Declarations and delegations
- 5 Declaration of emergency situation
- 6 Effect of declaration under Disaster Management Act 2003
- 7 Delegation of power for particular periods
- 7A Delegation of power to require information
Division 2 - Powers for area in which emergency situation exists
Division 3 - Power to require information
Subdivision 1 - Preliminary- 8AA Definitions for division
- 8AB Meaning of authorised person
- 8AC Meaning of unauthorised person
- 8AD Meaning of disclosure recipient Subdivision 2 - Information requirements
- 8AE Making of information requirement
- 8AF Person to be informed of relevant matters
- 8AG Offence to contravene information requirement
- 8AH Offence to give false or misleading information Subdivision 3 - Restrictions on disclosing information matter to unauthorised persons
- 8AI Offence for person to disclose information matter to unauthorised person
- 8AJ Offence for disclosure recipient to disclose information matter to unauthorised person
- 8AK Notice that person released from prohibition on disclosing information matter Subdivision 4 - Disclosure notices
- 8AL Request for disclosure notice to be given
- 8AM Obligation to give, or to refuse to give, disclosure notice
- 8AN Person to be informed of relevant matters
- 8AO Procedure if disclosure notice is given
- 8AP Procedure if disclosure notice is refused Subdivision 5 - Other matters
- 8AQ Protection from liability for giving information
- 8AR Persons to be informed that emergency situation has ended
Division 4 - Extraordinary emergency powers
Subdivision 1 - Authorising exercise of extraordinary emergency powers- 8AS Power to authorise exercise of extraordinary emergency powers
- 8AT Steps after giving extraordinary emergency authorisation
- 8AU Changes to extraordinary emergency authorisation
- 8AV When extraordinary emergency authorisation ends
- 8AW When extraordinary emergency authorisation must be revoked
- 8AX Effect if extraordinary emergency authorisation ends because of terrorist emergency Subdivision 2 - Exercise of extraordinary emergency powers
- 8AY Application of subdivision
- 8AZ Grounds for exercise of power
- 8AZA Power to control movement of persons
- 8AZB Power to search a person without a warrant
- 8AZC Power to require name, address and date of birth
- 8AZD Power to collect biometric information
- 8AZE Power to require access information or assistance
- 8AZF What power to search or seize a digital device includes Subdivision 3 - Reporting
- 8AZG Report to Minister
- 8AZH Tabling of report in Legislative Assembly
PART 2A - TERRORIST EMERGENCY
Division 1 - Declaring, extending and ending terrorist emergencies
Subdivision 1 - Appointments- 8A Appointment of terrorist emergency commander and terrorist emergency forward commander
- 8B Commissioner’s or deputy commissioner’s power to delegate
- 8BA Appointment of TERC commander
- 8C Function and powers of terrorist emergency commander
- 8D Terrorist emergency commander’s power to delegate
- 8E Function and powers of terrorist emergency forward commander
- 8F Terrorist emergency forward commander’s power to delegate
- 8FA Function and powers of TERC commander
- 8FB TERC commander’s power to delegate Subdivision 2 - Declarations
- 8G Terrorist emergency may be declared
- 8GA Evacuation areas may be declared
- 8H Extension of terrorist emergency beyond 7 days
- 8HA Extension of terrorist emergency beyond 28 days
- 8I Relevant person must end terrorist emergency in particular circumstances
- 8J Dealing with certificates at end of terrorist emergency
Division 2 - Exercise of powers
Subdivision 1 - Terrorist emergency officer powers for declared areas- 8K Definition for sdiv 1
- 8L Grounds for exercise of power
- 8M Power to control movement of persons
- 8N Power to search a person without a warrant
- 8O Power to require name, address and date of birth
- 8P Power to search vehicle without warrant
- 8PAA Power to collect biometric information
- 8PAB Power to require access information or assistance
- 8PAC What power to search or seize a digital device includes Subdivision 1A - Terrorist emergency officer powers for declared evacuation areas
- 8PA Definition for subdivision
- 8PB Grounds for exercise of power
- 8PC Power to control movement of persons
- 8PD Application of particular provisions to terrorist emergency officer Subdivision 2 - Other powers
- 8Q Power to direct officers of government agencies
Division 3 - Other provisions
PART 3 - CHEMICAL, BIOLOGICAL AND RADIOLOGICAL EMERGENCIES
Division 1 - Preliminary
Division 2 - Declaring, extending and ending CBR emergencies
- 12 CBR emergency may be declared
- 13 Extension of CBR emergency up to 7 days
- 14 Extension of CBR emergency beyond 7 days
- 15 Ending CBR emergency
Division 3 - CBRE commander’s coordination responsibility and general powers
Subdivision 1 - CBRE commander- 16 Meaning of CBRE commander
- 17 Coordination responsibility
- 18 Powers of CBRE commander
- 19 Power to authorise exercise of particular powers Subdivision 2 - Powers available to emergency responders
- 20 CBRE ambulance officers
- 21 CBRE fire officers
- 22 CBRE health officers
- 23 CBRE police officers
- 24 CBRE veterinary officers
Division 4 - Exercise of powers
- 25 Power to seize property
- 26 Power to destroy seized property
- 27 Power to require name and address
- 28 Power to decontaminate
- 29 Power to medically examine and treat
- 30 Refusal of medical treatment
- 31 Power to give particular directions
Division 5 - Provisions about detention
Subdivision 1 - Detention powers- 32 Power to detain Subdivision 2 - Exercise of detention power after first 48 hours
- 33 Continued exercise of detention power after 48 hours
- 34 Application for approval to continue exercising detention power
- 35 Consideration of application
- 36 Appeal Subdivision 3 - Other provisions about detention
- 37 Application of sdiv 3
- 38 CBRE commander’s obligations in relation to relevant person
- 39 Application to Supreme Court judge for order ending person’s detention
- 40 Appeal
Division 6 - Other provisions
PART 3A - RELATIONSHIP BETWEEN EMERGENCIES
PART 3B - SURVEILLANCE DEVICES
- 43E Power to authorise use of surveillance device
- 43F Surveillance device authorisation authorises use of existing device
- 43G When surveillance device authorisation ends
- 43H When surveillance device authorisation must be revoked
- 43I Report about surveillance device authorisations
- 43J Register of surveillance device authorisations
PART 4 - GENERAL PROVISIONS
- 44 Protection of employment rights
- 45 Compensation for personal injury
- 46 Compensation for use of, damage to or destruction of property
- 47 Protection from liability
- 47A Proceedings for offences
- 47B Use of information obtained under Act
- 47C Use of particular evidence in proceedings
- 48 Evidentiary provisions
- 49 Application of Police Powers and Responsibilities Act 2000 to a direction given by a police officer under this Act
- 50 Powers unaffected by failure to comply with formal provision
PART 5 - TRANSITIONAL PROVISIONS FOR POLICE POWERS AND RESPONSIBILITIES AND OTHER LEGISLATION AMENDMENT ACT 2020
- 51 Definitions for part
- 52 Saving of former provisions
- 53 Declaratory provision about effect of amending Act