Section 6 of the Principal Act is repealed and the following sections are substituted:

6.     Act binds Crown

(1)  This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

(2)  Nothing in this Act makes the Crown in any of its capacities liable to be prosecuted for an offence.

6A.     Application of Act

(1)  This Act does not apply to the carrying out of a restricted activity in relation to an SSDS by –

(a) an authorised officer acting in the course of duty; or

(b) a police officer acting in the course of duty; or

(c) a person acting in the course of a duty that he or she is performing for or on behalf of an emergency service.

(2)  This Act does not apply to the carrying out, in Tasmania, of a restricted activity in relation to an SSDS by any of the following persons acting in the course of Commonwealth duty or at the request of or with the approval of the Commissioner of Police, an SES authority or any Minister:

(a) a police officer of the Commonwealth or another State;

(b) a member of the Defence Forces of the Commonwealth;

(c) a civilian employee of the Commonwealth.

(3)  In this section –

emergency service means –

(a) the State Emergency Service within the meaning of the Emergency Management Act 2006 ; or

(b) the Tasmanian Ambulance Service established under the Ambulance Service Act 1982 ; or

(c) the Tasmania Fire Service established under the Fire Service Act 1979 ; or

(d) the Department;

SES authority means –

(a) the Director of the State Emergency Service appointed under section 27 of the Emergency Management Act 2006 ; or

(b) the State Emergency Management Controller referred to in section 10(1) of that Act; or

(c) the Deputy State Emergency Management Controller referred to in section 10(2) of that Act.