After section 41 of the Principal Act , the following Division is inserted in Part 3:

Division 3A - State of alert

41A.     Declaration of state of alert

(1)  The State Controller may declare a state of alert if he or she –

(a) is satisfied on reasonable grounds that there is a significant threat of an emergency occurring in Tasmania; or

(b) is satisfied on credible information that an emergency that may impact on Tasmania is occurring, or may occur, outside Tasmania.

(2)  A declaration of a state of alert –

(a) may be oral or in writing, but if it is oral it is to be confirmed in writing as soon as practicable; and

(b) is to specify that the declaration is made under this Act; and

(c) is to describe the general nature of the emergency to which the declaration relates; and

(d) is to describe the area in Tasmania in respect of which the declaration is made; and

(e) is to specify the emergency powers that may be exercised by a Regional Controller, or any person or class of persons that the State Controller thinks fit, in accordance with section 41B ; and

(f) is to specify –

(i) that the declaration takes effect immediately; or

(ii) the date at which and time at which, or the event on the occurrence of which, the declaration takes effect; and

(g) subject to subsection (3) , is to specify –

(i) the period for which the declaration has effect; or

(ii) the date and time at which the declaration ceases to have effect; or

(iii) the event on the occurrence of which the declaration ceases to have effect; and

(h) may specify any conditions and instructions that the State Controller considers appropriate.

(3)  A declaration for a state of alert may not be made so as to have effect for a period exceeding 7 days.

(4)  The State Controller may extend a declaration of a state of alert for one or more further periods, each of which does not exceed 7 days, if satisfied that there are reasonable grounds to do so.

(5)  The State Controller may amend or revoke a declaration of a state of alert at any time.

(6)  A state of alert is also revoked if a state of emergency is declared under section 42 in respect of the emergency to which the state of alert relates.

(7)  The extension, amendment or revocation of a declaration of a state of alert may be oral or in writing, but if it is oral it is to be confirmed in writing as soon as practicable.

41B.     Authority of declaration of state of alert

(1)  A person authorised in accordance with section 41A(2)(e) to exercise emergency powers under a declaration of a state of alert may –

(a) only exercise those powers for the purposes of making necessary preparations, or to mitigate risks, in relation to the emergency to which the state of alert relates; and

(b) exercise those powers whether or not he or she has received a written copy of the declaration.

(2)  A person authorised under a declaration of a state of alert to exercise an emergency power may authorise another person to use all or any part of such an emergency power.

41C.     Duties if state of alert declared

While a declaration of a state of alert is in effect –

(a) the State Controller and the Regional Controller for a region in respect of which the declaration has been made are to implement emergency management in relation to the emergency to which the state of alert relates –

(i) in accordance with any relevant emergency management plan; and

(ii) as he or she considers appropriate; and

(b) subject to any directions given under this Act by the Premier, Minister or State Controller, if a region is affected by the declaration the Regional Controller for the region is to –

(i) take the action, as he or she considers appropriate, required by any relevant emergency management plan; or

(ii) take immediate action to use, direct and coordinate all available resources so as to counter the likely effects of the relevant emergency; and

(c) the Municipal Coordinator for a municipal area within the region in respect of which the declaration has been made is to advise and assist the Regional Controller with respect to emergency management in the municipal area.

41D.     Authorisation by Regional Controller if state of alert declared

(1)  Unless the State Controller has directed otherwise, a Regional Controller may authorise the exercise of all, or any, emergency powers in the region for which he or she is Regional Controller if –

(a) a state of alert has been declared in respect of that region, part of that region or the whole State; or

(b) a state of alert has been declared in respect of another place that is not in that region and the Regional Controller is satisfied that the potential emergency, that is the subject of the state of alert, 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 as if –

(a) a reference in section 40(3), (5), (6), (7) or (9) to the State Controller were a reference to the Regional Controller; and

(b) a reference in section 40(5) or (6) to the Minister were a reference to the State Controller; and

(c) a reference in section 41 to an authorisation under section 40 were 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.