South Australian Repealed Acts

This legislation has been repealed.

STATE EMERGENCY SERVICE ACT 1987 - SECT 11

11—Director may assume command in certain emergencies

        (1)         Where it appears to the Director—

            (a)         that an emergency has arisen or is imminent; and

            (b)         that no other body or person has lawful authority to assume command, or that no other body or person having lawful authority to assume command has done so,

the Director may, by written order, assume command of all operations for dealing with the emergency.

        (2)         An order under subsection (1) remains, unless sooner revoked, in force for a period of 48 hours.

        (3)         The Director may, by written order, with the approval of the Minister, extend an order under subsection (1) for a further period of 24 hours.

        (4)         The Director must, as soon as reasonably practicable after making an order under subsection (1) or (3), publish the order in the prescribed manner or, in the absence of regulations prescribing the manner in which the order is to be published, in such manner as the Director thinks appropriate in the circumstances.

        (5)         The Director may, by written order, revoke an order made under subsection (1).

        (6)         The fact that the Director has, by order, assumed command of operations for dealing with an emergency does not prevent some other body or person who has lawful authority to assume command from doing so and, on that other body or person assuming command, the order of the Director shall be deemed to have been revoked.

        (7)         The Director, forthwith upon assuming command of operations for dealing with an emergency in respect of which some other body or person has lawful authority to assume command, must notify that other body or person of the action taken by the Director.

        (8)         Where both the Director and the Deputy Director are absent or are for some other reason unable to exercise a power under subsection (1) or (3), the Minister may exercise that power, and a reference in this Act to an order of the Director will be taken to include a reference to an order of the Minister under this section.