Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

EMERGENCY MANAGEMENT ACT 1986 - SECT 23

Power of Premier to declare state of disaster

S. 23(1) amended by Nos 56/2011 ss 7(1), 8(3), 73/2013 s. 78(4).

    (1)     If there is an emergency which the Premier of Victoria after considering the advice of the Minister and the Emergency Management Commissioner is satisfied constitutes or is likely to constitute a significant and widespread danger to life or property in Victoria, the Premier may declare a state of disaster to exist in the whole or in any part or parts of Victoria.

S. 23(1A) inserted by No. 75/1986 s. 9.

    (1A)     The Premier must not make a declaration under this section for the purpose of taking action against any person or body of persons in the circumstances to which section 4(1) of the Essential Services Act 1958 applies.

    (2)     The Premier may at any time revoke or vary a declaration under this section.

    (3)     Immediately upon the making, revocation or variation of a declaration under this section, a state of disaster exists, ceases to exist or exists as so varied (as the case requires) for the purposes of this Part.

    (4)     As soon as practicable after the making, revocation or variation of a declaration under this section the Premier must cause notice of the making, revocation or variation of the declaration to be broadcast from a broadcasting station in Victoria and to be published (with, in the case of the making or variation of a declaration, a copy of the declaration) in the Government Gazette.

    (5)     Production of a Government Gazette purporting to contain—

        (a)     notice of the making, revocation or variation of a declaration under this section is evidence of that making, revocation or variation (as the case requires); and

        (b)     a copy of the declaration under this section is evidence of the terms of the declaration.

    (6)     A declaration under this section remains in force for not more than one month, but another declaration may be made before, at or after the end of that period.

    (7)     If a state of disaster has been declared under this section the Premier must report on the state of disaster and the powers exercised under section 24 to both Houses of Parliament as soon as practicable after the declaration if Parliament is then sitting and if Parliament is not then sitting as soon as practicable after the next meeting of Parliament.

S. 24 (Heading) inserted by No. 56/2011 s. 7(5).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback