Victorian Consolidated Legislation

Emergency Management Act 1986 - SECT 21F

Power to require information to be given

21F. Power to require information to be given



(1) For the purposes of carrying out functions or powers under this Act, the
Commissioner may, in writing, require any agency to give to the Commissioner
any information that the Commissioner reasonably believes is necessary-

   (a)  to prepare or review a standard for the prevention or management of
        emergencies; or

   (b)  to monitor compliance with a standard for the prevention or management
        of emergencies; or

   (c)  to monitor or investigate the performance of the Emergency Services
        Telecommunications Authority under this Part; or





   (d)  to make recommendations to the Minister about any matter arising from
        any monitoring or investigation of the performance of the Emergency
        Services Telecommunications Authority under this Part.

(2) Within 28 days of receiving a request under subsection (1)(a) or (b), the
agency to whom the request has been given must give the information to the
Commissioner, unless-

   (a)  the Commissioner has agreed to allow an extension of time for the
        giving of the information; or

   (b)  the Commissioner has agreed that the agency is not able to give the
        information.

(2A) Within 5 days of receiving a request under subsection (1)(c) or (d), the
Emergency Services Telecommunications Authority must give the information to
the Commissioner, in the form requested by the Commissioner, unless-

   (a)  the Commissioner has agreed to allow an extension of time for the
        giving of the information; or

   (b)  the Commissioner has agreed that the Authority is not able to give the
        information.

(2B) If the Commissioner reasonably believes that it is urgent that
information (that he or she has required under subsection (1)(c) or (d) to be
given) be given within a lesser time than that specified in subsection (2A),
the Commissioner may specify a lesser period for the giving of the information
and the information must be given within the period so specified.





(3) If the Commissioner has agreed to allow an extension of time under
subsection (2) or (2A), the agency or Authority (as the case requires) must
give the information to the Commissioner within the time agreed on.