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EMERGENCY MANAGEMENT ACT 2004 - SECT 20

EMERGENCY MANAGEMENT ACT 2004 - SECT 20

20—Control agency

        (1)         Subject to subsection (2), the control agency in relation to an emergency will be determined as follows:

            (a)         if, under an Act or law or the SEMP, a particular person or agency is assigned the function of exercising control of persons and agencies involved in response operations relating to such an emergency then that person or agency is the control agency for that emergency;

            (b)         if, under an Act or law or the SEMP—

                  (i)         2 or more persons or agencies are assigned the function of exercising control of persons and agencies involved in response operations relating to such an emergency; or

                  (ii)         it is unclear which person or agency is assigned that function in relation to such an emergency; or

                  (iii)         no person or agency is assigned that function in relation to such an emergency,

then the control agency for that emergency will be a person or agency determined by the co-ordinating agency.

        (2)         Despite any other Act or law, where the senior police officer involved in response operations in relation to an emergency forms a reasonable suspicion that the emergency has resulted from, or is related to, a terrorist act, South Australia Police will be the control agency in relation to the emergency.

        (3)         Except as otherwise provided by this Act, all other persons and agencies involved in response operations in relation to an emergency are, in carrying out those operations, subject to the control of the control agency.

        (4)         In this section—

"terrorist act" has the same meaning as in the Terrorism (Commonwealth Powers) Act 2002 .