Queensland Numbered Acts

COUNTER-TERRORISM AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 32

32 Insertion of new ss 8FA and 8FB

Part 2A, division 1, subdivision 1—
insert—

8FA Function and powers of TERC commander

(1) The TERC commander appointed for a terrorist emergency is responsible for—

(a) the management and control of each declared evacuation area declared by the TERC commander under section ; and

(b) if a terrorist emergency reception centre is established in a declared evacuation area—the reception, identification and assessment of persons at the centre.

(2) The TERC commander has, for the commander’s function in relation to a terrorist emergency, the powers an emergency commander has for an emergency situation under section and part 2, divisions 2 and 3.

(3) For subsection (2), in section and part 2, divisions 2 and 3—

(a) a reference to the emergency situation certificate includes a reference to the terrorist emergency evacuation certificate; and

(b) a reference to an emergency situation includes a reference to a terrorist emergency; and

(c) a reference to the emergency commander includes a reference to the TERC commander.

(4) For the purpose of the powers of a police officer acting on the TERC commander’s instructions, a reference in part 2, division 2 or 3 to a police officer acting on the emergency commander’s instructions includes a reference to a police officer acting on the TERC commander’s instructions.

(5) Subsections (2) to (4) do not limit other powers of the TERC commander or of a police officer acting on the TERC commander’s instructions.

(6) However, the powers conferred under this section are subject to section .

8FB TERC commander’s power to delegate

(1) This section applies only for a period for which the TERC commander is not acting as the TERC commander.

(2) The TERC commander may delegate the commander’s functions under this Act, including the power to subdelegate functions, to an appropriately qualified police officer.

(3) The power to delegate does not include the power to delegate the function to issue a terrorist emergency evacuation certificate under section 8GA(4).

(4) For each delegation, the TERC commander must attach to the terrorist emergency evacuation certificate a copy of a written instrument mentioned in the Acts Interpretation Act 1954 , section 27A(3) and a statement outlining any revocation of the delegation.

(5) Without limiting the Acts Interpretation Act 1954 , section 27A, if a delegation is in force at the end of the terrorist emergency, the delegation ends.

(6) In this section—

"functions" includes powers.