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EMERGENCY MANAGEMENT ACT 1986 - SECT 24 Powers and duties of Minister

EMERGENCY MANAGEMENT ACT 1986 - SECT 24

Powers and duties of Minister

S. 24(1) amended by No. 56/2011 s. 7(1).

    (1)     In a state of disaster, the Minister is responsible for directing and co-ordinating the activities of all government agencies, and the allocation of all available resources of the Government, which the Minister considers necessary or desirable for responding to the disaster.

S. 24(2) amended by No. 56/2011 s. 7(1).

    (2)     In addition to and without in any way limiting the generality of subsection (1), in a state of disaster the Minister may—

        (a)     direct any government agency to do or refrain from doing any act, or to exercise or perform or refrain from exercising or performing any function, power, duty or responsibility; and

S. 24(2)(b) amended by No. 56/2011 s. 7(1).

        (b)     if it appears to the Minister that compliance by a government agency with an Act or subordinate instrument, which prescribes the functions powers duties and responsibilities of that agency, would inhibit response to or recovery from the disaster, declare that the operation of the whole or any part of that Act or subordinate instrument is suspended; and

S. 24(2)(c) amended by No. 56/2011 s. 7(1).

        (c)     take possession and make use of any person's property as the Minister considers necessary or desirable for responding to the disaster; and

        (d)     control and restrict entry into, movement within and departure from the disaster area or any part of it; and

        (e)     compel the evacuation of any or all persons from the disaster area or any part of it.

    (3)     If a direction is given to a government agency under subsection (2)(a)—

        (a)     the government agency must comply with the direction; and

        (b)     the direction prevails over anything to the contrary in any Act or law.

S. 24(4) amended by No. 56/2011 s. 7(1).

    (4)     A declaration made under subsection (2)(b) has effect according to its tenor until a further declaration is made by the Minister reviving the operation of the Act or subordinate instrument.

S. 24(5) amended by No. 56/2011 s. 7(1).

    (5)     If the property of a person is taken or used under subsection (2)(c) that person may receive such compensation as is determined by the Minister.

S. 24(6) amended by Nos 52/1998 s. 311(Sch. 1 item 24.1), 56/2011 s. 7(1).

    (6)     A person referred to in subsection (5) may apply to the Victorian Civil and Administrative Tribunal for review of any determination made by the Minister under that subsection.

S. 24(7) amended by No. 56/2011 s. 7(1).

    (7)     The power of the Minister under subsection (2)(e) may not be exercised so as to compel the evacuation of a person from any land or building if the person has a pecuniary interest in the land or building or in any goods or valuables on the land or in the building.

S. 24A inserted by No. 5/2012 s. 104.