South Australian Consolidated Acts

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PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987 - SECT 37E

37E—Application of Emergency Management Act

        (1)         On the declaration of a public health incident or public health emergency, the following provisions of the Emergency Management Act 2004 apply in relation to the emergency as if those provisions formed part of this Act but subject to the modifications specified in subsection (2) and any other prescribed modifications:

            (a)         Part 4 Division 4 (Powers that may be exercised in relation to declared emergencies) except section 25(1) and (2)(n);

            (b)         Part 4 Division 5 (Recovery operations);

            (c)         Part 5 (Offences);

            (d)         Part 6 (Miscellaneous) except sections 37 and 38;

            (e)         definitions in section 3 of terms used in the above provisions.

        (2)         The provisions of the Emergency Management Act 2004 applied under subsection (1) are modified as follows:

            (a)         a reference to the Minister is to be read as a reference to the Minister responsible for the administration of this Act;

            (b)         a reference to the State Co-ordinator is to be read as a reference to the Chief Executive;

            (c)         a reference to an authorised officer is to be read as a reference to an emergency officer;

            (d)         a reference to the State Emergency Management Plan is to be read as a reference to the Public Health Emergency Management Plan;

            (e)         a reference to an identified major incident is to be read as a reference to a public health incident;

            (f)         a reference to a major emergency is to be read as a reference to a public health emergency;

            (g)         a reference to a declaration is to be read as a reference to a declaration under this Part;

            (h)         a reference to this Act (meaning the Emergency Management Act 2004 ) is to be read as a reference to this Part;

                  (i)         a reference to section 25(1) of the Emergency Management Act 2004 is to be read as a reference to section 37D(1) of this Act;

            (j)         section 25(2)(m) is to be read as if it did not include the words in brackets.



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