Western Australian Current Acts

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PUBLIC HEALTH ACT 2016 - SECT 182

182 .         Powers to control or use premises or property

        (1)         For emergency management purposes, an emergency officer may take control of, or make use of, any premises or property.

        (2)         The premises or property may be in, or outside, the emergency area.

        (3)         For the purpose of exercising a power under this section, an emergency officer may do all or any of these —

            (a)         enter or, if necessary, break into and enter, any premises;

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

            (c)         open a container or other thing in the premises;

            (d)         seize anything found in or on the premises, or any other property;

            (e)         direct the owner or occupier or the person apparently in charge of the premises or, as the case requires, the person apparently in charge of the property, to give the emergency officer reasonable assistance to exercise the emergency officer’s powers under this section.

        (4)         Subsection (3) does not limit section 190 or Division 7.

        (5)         If an emergency officer takes control of or makes use of any premises or property under this section, the emergency officer must ensure that, as soon as is reasonably practicable in the circumstances, and no later than 7 days after the premises or property are taken control of or made use of, a written notice is given to the owner, occupier or person formerly in charge of the premises or property stating —

            (a)         that the premises or property have been taken control of or made use of under this section; and

            (b)         the name of the emergency officer who has taken control of or made use of the premises or property.



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