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EMERGENCY MANAGEMENT ACT 2006 - SECT 42 Declaration of state of emergency

EMERGENCY MANAGEMENT ACT 2006 - SECT 42

Division 4 - State of emergency Declaration of state of emergency

(1)  The Premier may declare a state of emergency if he or she is satisfied, on reasonable grounds, of one or more of the following:
(a) that an emergency, or a significant threat of an emergency, is occurring or has occurred in Tasmania;
(b) that the existing circumstances require, or may require, the exercise of special emergency powers.
(2)  A declaration of a state of emergency –
(a) may be oral or in writing, but if it is oral it is to be confirmed in writing as soon as practicable; and
(b) is to specify that the declaration is made under this Act; and
(c) is to describe the general nature of the emergency to which the declaration relates; and
(d) is to describe the area in respect of which the declaration is made; and
(e) is to specify –
(i) the Regional Controllers who may exercise special emergency powers under the declaration; and
(ii) that the State Controller may exercise special emergency powers under the declaration; and
(f) is to specify which special emergency powers are exercisable under the declaration and by whom; and
(g) is to specify the date and time at which, or the event on whose occurrence, the declaration takes effect; and
(h) is to specify the period for which the declaration has effect or the date and time at which, or the event on whose occurrence, the declaration ceases to have effect; and
(i) may specify any conditions and instructions the State Controller considers appropriate.
(3)  A declaration of a state of emergency may not be made so as to have effect –
(a) for a period exceeding 12 weeks in the case of an emergency relating to disease in humans or animals; or
(b) for a period exceeding 2 weeks in any other case.
(4)  The Premier may extend a declaration of a state of emergency for one or more further periods, each of which does not exceed the relevant period specified in subsection (3) , if satisfied that there are reasonable grounds to do so.
(5)  The Premier may amend or revoke a declaration of a state of emergency at any time.
(6)  The extension, amendment or revocation of a declaration of a state of emergency may be oral or in writing, but if it is oral it is to be confirmed in writing as soon as practicable.
(7)  As soon as practicable after a declaration of a state of emergency is made, extended, amended or revoked, the State Controller is to provide a copy of the declaration, extension, amendment or revocation to the persons who may exercise special emergency powers under the declaration.
(8)  If a declaration of a state of emergency relating to disease in humans or animals is made for a period exceeding 4 weeks –
(a) the State Committee is to review the need for the declaration at the end of that first 4 weeks and then every 2 weeks while the declaration continues to have effect; and
(b) if the State Committee on any such review determines that the declaration should be amended or revoked, the State Committee is to provide its recommendation for the amendment or revocation of the declaration to the Premier.