South Australian Numbered Acts South Australian Numbered Acts96—Exercise of control at scene of fire or other emergency
(1) This section
applies in relation to any situation that may involve an emergency.
(2) If—
(a) the
situation—
(i)
involves or arises from—
(A) a fire or a situation that involves
imminent danger of fire; or
(B) the escape of any hazardous material or
a situation that involves imminent danger of such an escape,
that occurs—
(C) in the country; or
(D) at any other place in a situation where
no member of SAMFS has assumed control under Part 3; or
(ii)
involves or arises from any other emergency or the
imminent danger of any other emergency, wherever occurring, at which a person
with lawful authority to assume control has not done so; and
(b) an
SACFS brigade has attended,
then an incident controller or, if an incident controller has not been
appointed, the most senior member of SACFS in attendance, may assume control
(and all members of SACFS, and all other persons present at the scene, will be
subject to his or her control).
(3) Nothing in this
section—
(a)
derogates from the powers of the Chief Officer of SACFS to assume control of
any operations; or
(b)
prevents a member of SACFS who has taken control of any operations
surrendering control of those operations to any other person or body; or
(c)
prevents another person or body with lawful authority to do so assuming
control at the scene of any emergency.
(4) This section
operates subject to the provisions of the Emergency Management Act 2004
.
(5) In this
section—
"incident controller" for a fire or other emergency means the person for the
time being appointed to be the incident controller for the fire or other
emergency in accordance with procedures determined by the Chief Officer.
Subdivision 2—Exercise of powers at scene of fire or other emergency