COUNTER-TERRORISM AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 40 Replacement of s 8L (Grounds for exercise of power)

COUNTER-TERRORISM AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 40

40 Replacement of s 8L (Grounds for exercise of power)

Section 8L—

omit, insert—

8L Grounds for exercise of power

(1) A terrorist emergency officer may exercise a terrorist emergency power under section only if the officer is satisfied that giving a person a direction under that section is necessary—

(a) for the safety of the person or another person; or

(b) to effectively manage the evacuation of the person to a declared evacuation area; or

(c) to effectively receive, identify or assess the person; or

(d) otherwise to effectively deal with the terrorist emergency.

(2) A terrorist emergency officer may exercise a terrorist emergency power under a section other than section only if the officer is satisfied the exercise of the power is necessary to effectively deal with the terrorist emergency.

(3) Also, a terrorist emergency officer may exercise a terrorist emergency power only during the period of the terrorist emergency.

(4) A terrorist emergency officer exercising a terrorist emergency power may use the force that is reasonably necessary.