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EMERGENCY MANAGEMENT ACT 1986 - SECT 36B

Powers in respect of emergency area

S. 36B(1) amended by Nos 5/2012 s. 108(1), 37/2014 s. 10(Sch. item 52.4(a)(i)).

    (1)     If a declaration of an emergency area is made under section 36A, a police officer may exercise the following powers—

        (a)     close or cause to be closed any road, footpath or open space otherwise providing access to the emergency area;

        (b)     prohibit any person or vehicle from entering or passing through the emergency area;

        (c)     direct any person on any road or footpath or in any open space or in any vehicle on any road, footpath or open space, within the emergency area to immediately leave the emergency area by the safest and shortest route;

S. 36B(1)(d) amended by No. 37/2014 s. 10(Sch. item 52.4(a)(ii)).

        (d)     authorise a person to enter or remain in the emergency area subject to such conditions as the police officer considers appropriate.

    (2)     Subsection (1) also empowers a prohibition or direction to be given to a person who claims a pecuniary interest in property in the emergency area or goods or valuables in that property and is not in that property.

    (3)     Subsection (1)(d) also empowers an authorisation subject to conditions to be given to a person who claims a pecuniary interest in property in the emergency area or goods or valuables in that property and is on that property.

S. 36B(4) amended by Nos 56/2011 s. 8(3), 73/2013 s. 78(4).

    (4)     A direction, prohibition or authorisation under subsection (1) may be broadcast, televised or communicated from a broadcasting station, television station or other communication centre in an announcement authorised by the Emergency Management Commissioner.

S. 36B(5) amended by Nos 5/2012 s. 108(2), 37/2014 s. 10(Sch. item 52.4(b)).

    (5)     If a police officer has reason to suspect that an offence against this Act is being or is about to be committed, the police officer may order a person to leave the emergency area and may use such force as is reasonable necessary to remove the person from the emergency area or to prevent the person from entering the emergency area.

S. 36C (Heading) inserted by No. 5/2012 s. 109(1).

S. 36C inserted by No. 97/1994 s. 18.



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