Queensland Numbered Acts

COUNTER-TERRORISM AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 35

35 Insertion of new s 8GA

After section 8G—
insert—

8GA Evacuation areas may be declared

(1) This section applies if, during the period of a terrorist emergency, the TERC commander appointed for the emergency is satisfied on reasonable grounds that the terrorist emergency powers are necessary to manage and control—

(a) the evacuation of persons from a declared area; or

(b) the reception, identification and assessment of persons at a terrorist emergency reception centre established outside a declared area.

(2) The TERC commander may declare 1 or more of the following (each a
"declared evacuation area" ) for the terrorist emergency—

(a) a stated area, outside a declared area, in which a terrorist emergency reception centre has been, or is to be, established for the terrorist emergency;

(b) if persons evacuate from a declared area to a place other than the terrorist emergency reception centre—a stated area, outside the declared area, that includes the place to which the persons evacuate;

(c) a stated area that includes the route for the evacuation of persons from a declared area, or a declared evacuation area mentioned in paragraph (b), to the terrorist emergency reception centre;

(d) a vehicle used to transport persons from a declared area, or a declared evacuation area mentioned in paragraph (b), to the terrorist emergency reception centre and a stated area surrounding the vehicle.

Examples—

• a bus with a stated registration number and an area within a stated distance of the bus

• a stated vessel and an area within a stated distance of the vessel

(3) A stated area for subsection (2)(a) to (d) must be the smallest area reasonably necessary to effectively manage—

(a) the evacuation of persons from a declared area or declared evacuation area; or

(b) the reception, identification and assessment of persons at the terrorist emergency reception centre or other place to which the persons evacuate.

(4) As soon as practicable after making a declaration under subsection (2), the TERC commander must issue a certificate (a
"terrorist emergency evacuation certificate" ) signed by the commander stating—

(a) each declared evacuation area; and

(b) the date and time the declaration was made.

(5) The TERC commander may at any time change a declared evacuation area by—

(a) amending its description on the terrorist emergency evacuation certificate; and

(b) noting the date and time of the amendment on the terrorist emergency evacuation certificate.

(6) Unless the TERC commander ends a declaration made under subsection (2) sooner, the declaration ends when the declaration of the terrorist emergency ends.

(7) In this section—

"vehicle" includes vessel, aircraft or railway rolling stock.