EMERGENCY MANAGEMENT ACT 2004 - SECT 20
EMERGENCY MANAGEMENT ACT 2004 - SECT 20
(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 .