Western Australian Current Acts

EMERGENCY MANAGEMENT ACT 2005 - SECT 94A

94A .         Powers under other written laws do not affect whether declarations can be made

        (1)         The existence of powers under any other written law that could be exercised in relation to an emergency does not affect —

            (a)         whether an emergency situation declaration may be made under section 50; or

            (b)         whether a state of emergency declaration may be made under section 56.

        (2)         Without limiting subsection (1) —

            (a)         in determining for the purposes of section 50(2)(b) whether there is a need to exercise powers under Part 6, the State Emergency Coordinator or hazard management agency (as the case requires) is not required to consider powers under any other written law; and

            (b)         in determining for the purposes of section 56(2)(c) whether extraordinary measures are required, the Minister is not required to consider powers under any other written law.

        (3)         The existence of powers under any other written law that could be exercised in relation to the occurrence of COVID-19 does not affect whether a COVID-19 declaration may be made under section 77C.

        (4)         Without limiting subsection (3), in determining under section 77C(2)(b) whether there is a need to exercise powers under Part 6A Division 4, the State Emergency Coordinator is not required to consider powers under any other written law.

        [Section 94A inserted: No. 33 of 2022 s. 8.]