Western Australian Current Acts

EMERGENCY MANAGEMENT ACT 2005 - SECT 75

75 .         General powers during a state of emergency

        (1)         During a state of emergency, for the purpose of emergency management, an authorised officer may —

            (a)         enter or, if necessary, break into and enter, a place or vehicle in the emergency area; and

            (b)         search any place or vehicle and anything found in or on the place or vehicle; and

            (c)         take into a place in the emergency area the equipment, persons or materials the authorised officer reasonably requires for exercising a power under this Division; and

            (d)         contain an animal or substance in the emergency area; and

            (e)         remove or destroy an animal, vegetation or substance in the emergency area; and

            (f)         remove, dismantle, demolish or destroy a vehicle, or any premises, in the emergency area; and

            (g)         disconnect or shut off any electricity, gas, water or fuel supply, or any drainage facility, or any other service, in the emergency area; and

            (h)         take and use fuel, gas, electricity or water in the emergency area; and

                  (i)         direct the owner or occupier or the person apparently in charge of any place of business, worship or entertainment in the emergency area to close that place to the public for the period specified in the direction; and

            (j)         turn off, disconnect or shut down any motor or equipment in the emergency area; and

            (k)         open a container or other thing, or dismantle equipment, in the emergency area; and

            (l)         excavate land or form tunnels in the emergency area; and

            (m)         build earthworks or temporary structures, or erect barriers, in the emergency area; and

            (n)         remove to such place as the authorised officer thinks proper any person who obstructs or threatens to obstruct emergency management activities; and

            (o)         require a person to give the authorised officer reasonable help to exercise the authorised officer’s powers under this Division.

        (1A)         A direction under subsection (1)(i) may be given in relation to a class of place.

        (2)         An authorised officer may enter a place or vehicle in the emergency area without a warrant or the consent of the occupier of the place or the owner of the vehicle.

        [Section 75 amended: No. 11 of 2020 s. 11.]