Victorian Consolidated Legislation

Emergency Management Act 1986 - SECT 23

Power of Premier to declare state of disaster

23. Power of Premier to declare state of disaster



(1) If there is an emergency which the Premier of Victoria after considering
the advice of the Co-ordinator in Chief and the State Co-ordinator is
satisfied constitutes or is likely to constitute a significant and widespread
danger to life or property in Victoria, the Premier may declare a state of
disaster to exist in the whole or in any part or parts of Victoria.

(1A) The Premier must not make a declaration under this section for the
purpose of taking action against any person or body of persons in the
circumstances to which section 4(1) of the Essential Services Act 1958
applies.

(2) The Premier may at any time revoke or vary a declaration under this
section.

(3) Immediately upon the making, revocation or variation of a declaration
under this section, a state of disaster exists, ceases to exist or exists as
so varied (as the case requires) for the purposes of this Part.

(4) As soon as practicable after the making, revocation or variation of a
declaration under this section the Premier must cause notice of the making,
revocation or variation of the declaration to be broadcast from a broadcasting
station in Victoria and to be published (with, in the case of the making or
variation of a declaration, a copy of the declaration) in the Government
Gazette.

(5) Production of a Government Gazette purporting to contain-

   (a)  notice of the making, revocation or variation of a declaration under
        this section is evidence of that making, revocation or variation (as
        the case requires); and

   (b)  a copy of the declaration under this section is evidence of the terms
        of the declaration.

(6) A declaration under this section remains in force for not more than one
month, but another declaration may be made before, at or after the end of that
period.

(7) If a state of disaster has been declared under this section the Premier
must report on the state of disaster and the powers exercised under section 24
to both Houses of Parliament as soon as practicable after the declaration if
Parliament is then sitting and if Parliament is not then sitting as soon as
practicable after the next meeting of Parliament.