Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 149

    (1)     This section applies if the director-general believes on reasonable grounds that an emergency (including an imminent emergency) exists in relation to a detention place that threatens or is likely to threaten—

        (a)     good order or security at the place; or

        (b)     the safety of anyone at the place or elsewhere.

    (2)     The director-general may declare that an emergency exists in relation to the detention place for a stated period of not more than—

        (a)     3 days; or

        (b)     if another period is prescribed by regulation—the period prescribed.

    (3)     To remove any doubt, the director-general may make declarations for 2 or more consecutive periods under this section in relation to the same emergency.

    (4)     A declaration commences—

        (a)     when it is made; or

        (b)     if it provides for a later commencement—on that later commencement.

    (5)     The first declaration in relation to an emergency is a notifiable instrument.

    (6)     A declaration for a second or subsequent consecutive period in relation to the same emergency is a disallowable instrument.

    (7)     An instrument under subsection (5) or (6) must be notified under the Legislation Act

not later than the day after the day it is made.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.