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EMERGENCY MANAGEMENT ACT 2004 - SECT 25

EMERGENCY MANAGEMENT ACT 2004 - SECT 25

25—Powers of State Co-ordinator and authorised officers

        (1)         On the declaration of an identified major incident, a major emergency or a disaster under Division 3, and while that declaration remains in force, the State Co-ordinator must take any necessary action to implement the SEMP and cause such response and recovery operations to be carried out as he or she thinks appropriate.

        (2)         Without limiting or derogating from the operation of subsection (1), but subject to the regulations, the State Co-ordinator or an authorised officer may, if of the opinion that it is necessary to do so, do or cause to be done all or any of the following things:

            (a)         enter and, if necessary, break into any land, building, structure or vehicle (using such force as is necessary);

            (b)         take possession of, protect or assume control over any land, body of water, building, structure, vehicle or other thing;

            (ba)         remove or destroy, or order the removal or destruction of, any building, structure, vehicle, vegetation, animal or other thing;

            (bb)         carry out, or cause to be carried out, excavation or other earthworks;

            (c)         construct, or cause to be constructed, barriers, buildings or other structures;

            (ca)         subject a place or thing to a decontamination procedure;

            (d)         direct the owner of, or the person for the time being in charge of, any real or personal property to place it under the control or at the disposition of a specified person;

            (e)         remove, or cause to be removed, to such place as the State Co-ordinator or authorised officer thinks fit, any person or animal, or direct the evacuation or removal of any person or animal;

            (f)         direct or prohibit the movement of persons, animals or vehicles;

            (fa)         direct a person to submit to a decontamination procedure;

            (fb)         direct a person to remain isolated or segregated from other persons or to take other measures to prevent the transmission of a disease or condition to other persons;

            (fc)         direct a person to undergo medical observation, examination (including diagnostic procedures) or treatment (including preventative treatment);

            (g)         remove flammable material or any other hazardous material or cause flammable material or any other hazardous material to be removed from any place, building or structure;

            (h)         cause any supply of fuel or other flammable liquid, any gas or electricity or any other hazardous material to be connected, reconnected, disconnected or shut off;

                  (i)         direct a person who is in a position to do so—

                  (i)         to stop any work or operation; or

                  (ii)         to close any premises or other place; or

                  (iii)         to contain the escape of any hazardous material, or to nullify the effects of the escape of any hazardous material; or

                  (iv)         to shut off or remove any plant, equipment, apparatus or device or to perform any operation in relation to any plant, equipment, apparatus or device;

            (j)         connect, disconnect, reconnect, shut off or cut off the supply of water or any drainage facility;

            (k)         make use of the gratuitous services of any person;

            (ka)         require a person to furnish such information as may be reasonably required in the circumstances (other than information that may be required to be furnished under section 6 of the Essential Services Act 1981 );

            (l)         remove to such place as he or she thinks fit any person who obstructs or threatens to obstruct response or recovery operations;

            (m)         direct, insofar as may be reasonably necessary in the circumstances, any person (other than a control agency or other person referred to in paragraph (n)) to assist in the exercise of any power under this section;

            (n)         in the case of a major emergency or disaster—give directions to any control agency or person whose responsibilities require him or her to engage in response or recovery operations, or who is so engaged;

            (o)         exercise any prescribed power.

        (2a)         A direction or requirement under this section must not prohibit travel into or out of the State where the travel is for the purpose of escaping domestic violence or providing support to a family member who is experiencing domestic violence, or is otherwise reasonably necessary for the purpose of dealing with circumstances arising out of domestic violence (but a direction may impose conditions in relation to such travel).

        (3)         In addition, if, after considering the advice of the Chief Public Health Officer, the State Co-ordinator is of the opinion that the scope of an emergency is of such a magnitude that demand for medical goods or services cannot be met without contravening the laws of the State, the State Co-ordinator may, despite those laws, authorise authorised officers, or authorised officers of a particular class, to provide, or direct the provision of, such goods or services or a particular class of such goods or services on such conditions as the State Co-ordinator thinks appropriate.