Victorian Current Acts Victorian Current ActsS. 36A(1) amended by Nos 5/2012 s. 107(1), 37/2014 s. 10(Sch. item 52.3).
(1) If the most senior police officer in attendance at an emergency, being a police officer of or above the rank of senior sergeant, is of the opinion that because of the size, nature or location of an emergency it is necessary to exclude persons from the area of the emergency so as to ensure—
(a) public safety; or
(b) security of evacuated premises; or
(c) the safety of, or prevention of obstruction, hindrance or interference to, persons engaging in emergency activity—
that police officer may declare the area to be an emergency area.
(2) The declaration of an emergency area must be in writing and may be varied or revoked in writing.
S. 36A(3) amended by Nos 56/2011 s. 8(3), 5/2012 s. 107(2), 73/2013 s. 78(4).
(3) A copy of the declaration or a sign in a form authorised by the Emergency Management Commissioner and containing the words "Declared Emergency Area" must be posted at the emergency area or as near as possible to that area while the declaration is in force.
(4) The declaration of an emergency area must be revoked immediately upon the circumstances in subsection (1) ceasing to apply.
S. 36A(5) amended by No. 5/2012 s. 107(3).
(5) If the declaration of an emergency area has not been revoked within the period of 48 hours after it is declared, the declaration is revoked at the end of the period unless subsection (6) applies.
S. 36A(6) amended by Nos 56/2011 s. 8(3), 5/2012 s. 107(3), 73/2013 s. 78(4).
(6) The Emergency Management Commissioner may if he or she is satisfied that the circumstances in subsection (1) still apply, extend the declaration of an emergency area for a further period not exceeding 48 hours.
S. 36A(7) amended by Nos 56/2011 s. 8(3), 73/2013 s. 78(4).
(7) The Emergency Management Commissioner must publish a notice of the declaration and revocation of an emergency area in the Government Gazette.
S. 36B inserted by No. 97/1994 s. 18.