Tasmanian Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
EMERGENCY MANAGEMENT ACT 2006 (NO. 12 OF 2006) - SECT 45
Authorisation by Regional Controller if state of emergency declared
(1) Unless the State Controller has directed otherwise, a Regional
Controller may authorise the exercise, in accordance with the authorisation,
of emergency powers in the region for which he or she is Regional Controller
if (a) a state of emergency has been declared in respect of that
region, part of that region or the whole State; or
(b) a state of emergency
has been declared in respect of another place that is not in that region and
the Regional Controller is satisfied that the emergency may impact on that
region to the extent that it is reasonable to authorise the exercise of those
powers in that region for the purpose of (i) protecting persons
from distress, injury or death; or
(ii) protecting property or the environment
from damage or destruction; or
(iii) otherwise mitigating the impact of the
emergency on that region.
(2) Section 40(3) , (4) , (5) , (6) , (7) , (8) and (9) and section 41 apply to an authorisation given by a Regional Controller under this section and for that purpose (a) a reference in section 40(3) , (4) , (5) , (6) , (7) , (8) or (9) to the State Controller is taken to be a reference to the Regional Controller; and
(b) a reference in section 40(3) , (4) , (5) , (6) , (7) , (8) or (9) to the Minister is taken to be a reference to the State Controller; and
(c) a reference in section 41 to an authorisation under section 40 is taken to be a reference to an authorisation under this section.
(3) If the State Controller is of the opinion that there is a conflict
between an authorisation under this section and an authorisation under
section 40 , the State Controller may amend or revoke either
authorisation as he or she considers appropriate.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback